19980259 Ver 1_COMPLETE FILE_19980331

a
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
4J
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 8, 1998
Avery County
DWQ Project 980259
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Byron Webb
233 Jerry's Creek Road
Newland NC 28657
Dear Mr. Byron Webb:
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of developing a road crossing on Jerry's Creek Road, as you described in your application dated
March 31, 1998. After reviewing your application, we have decided that this impact is covered by General
Water Quality Certification Number 3103. This, certification allows you to use Nationwide Permit Number
14 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
' Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds
(T 15A:04B .0024).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
incere
rest Howard, J E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
980259.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

11115'y? , 1Y.
THIS PACKET OF IN k lbiL
AIS PROVIDED TO ASSIST YOU
IN COMPLETING THE PRE-
(PCN) FORM THAT IS REQUIRED
BY THE U.S. ARMY CORPS OF
ENGINEERS AND THE NORTH
CAROLINA DIVISION OF
ENVIRONMENTAL MANAGEMENT
WHEN APPLYING FOR CERTAIN
NATIONWIDE PERMITS
AUTHORIZED BY THE U.S..
ARMY. CORPS OF ENGINEERS
. r
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28806
[phone]
Water Quality Planning
Division of Water Quality
NC Department of Environment, Health,
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
[phone]
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
[phone]
State Historic Preservation Office
NC Division of Archives & History
109 East Jones Street
Raleigh, North Carolina 27601
[phone]
North. Carolina Wildlife Resources Commission
Fisheries Biologists
Joe Mickey Mark Davis
155 Timberbrook Trail Old Fish Hatchery
State Road, NC 28676 20830 Great Smoky Mtn. Expressway
[phone] Waynesville, NC 28786
[phone]/[phone] (fax)
Counties Counties
Alleghany Buncombe
Ashe Cherokee
Avery Clay
Burke Graham
Caldwell Haywood
Mitchefl Henderson
Stokes Jackson
Sung Macon
Watauga Madison
Wilkes McDowell
Polk
Rutherford
Swain
Transylvania
Yancey
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• 1 N•.
Ob a
DEM ID:
in ?
- CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): _ 14
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
98()259
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE RIha.
1. OWNERS NAME :
2. MAILING ADDRESS: 0.40
SUBDIVISION NAME:
CITY: w44AID STATE: ZIP CODE: Zf??S7
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER ( HOME) : ( WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY : ? ll ? ` NEAREST TOWN OR CITY: /V ?'N ,¢?/D

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): O -6- 44ILF6 .0)9-c i ?CO?4 D
TE,mv
6. IMPACTED OR NEAREST STREAM/RIVER : ,JErPe?' { ?'
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS - I OR WS - I I) ? YES [ t-r NO [ I IF YES, EXPLAIN : C - TpDUT

7b. IS THE PROJECT LOCATED WITHIN A NORTrT CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONC^RN (AEC) ? YES ( J NO [ 1,r
7C. I: THE PROJECT IS 'LOCATED WITHI:T A COASTAL, COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES) , WHAT iS TM-. :"uM USE PL;Ll (LUP) LESIsvAT=ON?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ]- NO [L-K IF YES, PROVIDE ACTION I.D. NIIMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ) NO [?-rIF YES, DESCRIBE ANTICIPATED WORK:
2

9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION: -
FLOODING:
OTHER:
OPAINAGE: TOTAL ACRES TO BE LiPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (I.
R LOCAT.:.D, PROVIDE DISTANCS BOTH BEFORr AND AFTER R LOCATION)
L=GT3 3EFORE :
AFTER :
WIDT3 3EFORr (based on normal high water contours):
rr
WIDT3 AFFTER : 4'
AVERAGE 0EPT3 BEFORE : _ / _.... Ac-7=-R: 1. c-
(2) ST-7FAM CuaNN T rM- PACTS Wr Qcq-7T T "?nrr • (CLiEC:{ ALL THAT APPLY)
OPEN C::ANNEL RELOCATION : PLACF.MEVT OF PIPE IN C:?.?NNEL
C::AjW. EI. EXCAVATION: CONSTRUCTION OF .I DAM/FLOODING
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
3
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 L/2" X 11" DRAWINGS
ONLY) :

13. PURPOSE OF PROPOSED WORK: Td S,41,y
14. STATE REASONS WHY IT IS 3ELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TARN TO MINIMIZE WETLAND
IMPACTS):
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND'
All 4
YES () NO 14 (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIROWENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES ( ) NO C l
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE.'
YES CI NO CI
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS SAGGETT, DI_RECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 'NEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, UM 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON TIHE PROPERTY
MUST BE SHOWN ON THE MAP.'"'MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR I
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF'THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
E. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
5
g. SIGNED AND DATED AGENT AMMORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT HE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGZMI= (WATER QU LITy) CERTIFICATION, AND
3) (IN = TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTE CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER-',S/AGENT'S SIGNATURE.
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

6
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