19940977 Ver 1_Complete File_19941018

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 5W
P.O. BOX 1890 ..owo...+
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
January 13, 1995
Regulatory Branch
Action ID No. 199301755 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
North Carolina Department of Transportation
Division of Highways
B.J. O'Quinn, P.E.
Planning and Environmental Branch
Post Office Box 25201
Raleigh, North Carolina 27611
Dear Mr. O'Quinn:
Reference your application of October 10, 1994, for Department of the
Army (DA) authorization to correct drain a oblems on US 23 adjacent to the
Tennessee State Line (State Project No. 8.-84 01, TIP No. A-10). The
corrective measures are to include th eplace ent of a culvert, riprap bank
stabilization, and construction of a tentio basin on a tributary to Little
Creek. The project will impact less han 1/3 acre of Waters of the United
States. The proposal has been revie d by e North Carolina Wildlife
Resources Commission (WRC).
For the purposes of the corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced or are
under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activity is completed within twelve
months of the date of the nationwide permit's expiration, modification or
revocation.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Printed on IS Recycled Paper

-2-
Copy Furnished (without enclosure):
Otto" John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATrENTK)NOF September 22, 1995
Regulatory Branch
Action ID No. 199505290 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
North Carolina Department of Transportation
Division of Highways
Danny R. Tolar
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Tolar:
Reference your application for Department of the Army (DA) authoriz to
replace and relocate a culverted section of an unnamed tributary to Little Cr' k
off of U.S. Highway 23 in Ebbs Chapel Township, Madison County, North C olin .
The project is to alleviate drainage problems. The project will impac less t n
1/3 acre of Waters of the United States. The proposal has been revi wed b he
North Carolina Wildlife Resources Commission (WRC).
For the purposes of the Corps of Engineers, Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register
on November 22, 1991, lists nationwide permits. Authorization was provided,
pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill
material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached August 25, 1995 WRC letter. This nationwide permit does
not relieve you of the responsibility to obtain other required State or local
approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to remain
informed of changes to the nationwide permits. We will issue a public notice
announcing the changes when they occur. Furthermore, if you commence or are
under contract to commence this activity before the date the nationwide permit
is modified or revoked, you will have twelve months from the date of the
modification or revocation to complete the activity under the present terms and
conditions of this nationwide permit.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Printed on ® Recycled Paper

-2-
Copies Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27687
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ID FE F=1
October 24, 1994
Madison County
DEM Project # 94977
APPROVAL of 401 Water Quality Certification
Mr. Barney O'Quinn
Planning and Environmental Branch
NC DOT
P.O. Box 25201
Raleigh, N.C. 27611-5201
r"-AL CUP I I
Dear Mr. O'Quinn:
You have our approval to place fill material in 0.3 acres of wetlands or waters for the purpose of
road maintenance at US 23, as you described in your application dated 10 October 1994. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification '-,Number 2671. This certification allows you to use Nationwide Permit Number 26 when it
is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
reston oward, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
.Asheville DEM Regional Office
Mr. John Domey
Central Files
94977.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper

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%VAMES B. HUNT, JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
P.O. BOX 25201, RALEIGH, N.G 27611-5201
October 10, 1994
District Engineer
Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
ATTENTION: Regulatory Branch
Dear Sir:
i 81994
LU
WETLANDS Gi?OUP
____WATER QL ALIT`r H_1 J`! ...
R. SAMUEL. HUNT III
SECRETARY
Subject: Madison County, Drainage problems on US 23 adjacent
to the Tennessee State Line. State Project No.
8.T842401, T.I.P. No. A-10.
The State of Tennessee has constructed a portion of I-26
adjacent to the Tennessee-North Carolina state line. This
construction has caused drainage problems on existing US 23
in North Carolina near the state line. These problems are a
direct result of an increase in runoff created by the new
road construction.
The increased runoff requires that a larger pipe be
placed in a tributary of Little Creek. The existing 24" pipe
on Mr. Harold Tipton's property should be replaced with a 36"
pipe to convey the additional` water. This same tributary has
eroded the stream banks adjadent to Mr. Howard Jenkins'
nursery, and is threatening the nursery. The NCDOT is
proposing to selectively rip rap portions of the stream bank
to reduce erosion. The NCDOT is also proposing to construct
a retention basin upstream of these property owners. This
structure will help protect the downstream property owners
from the increased runoff, and should minimize future erosion
problems.
These proposals are intended to. correct an existing
problem. For this reason, the NCDOT would like to construct
these modifications as quickly as possible. A notification
form and copies of the plan sheets are enclosed. Please
review this proposal for authorization under the Clean Water
Act. A copy of this information has been provided to the
N.C. Wildlife Resources Commission and to the N.C. Division
of Environmental Management for their review. If you need
any additional information please contact Mr. Gordon Cashin
at [phone].

Sincerely,
B.J 0.' uinn, E.
Assis nt Man er,
Planning and Environmental Branch
cc: Mr. David Baker, COE, Asheville
Ms. Stephanie Goudreau, NCWRC
Mr. John Dorney, DEM, DEHNR Mr. Kelly Barger, P.E.
Program Development Branch
Mr. Don Morton, P.E. State Highway Engineer-Design
Mr. A.L. Hankins, P.E., Hydraulics Unit
Mr. Tom Shearin, P.E. State Roadway Design Engineer
Mr. W.D. Smart, P.E., Division 13 Engineer
BJO/gec
_4.
13 *
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If noted that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material,_ and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
?tWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-thud acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.

C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of ;
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 81/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. Box 33726 Pivers Island
Raleigh, NC 27636-3726 Beaufom NC 28516
Telephone [phone] Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Stmt
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.

4f
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Bor. 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: North Carolina Department of Transpartation Attention: Mr. B.J. O'Quim
2. Owners Address: P.O. Box 25201 Raleigh, NC 27611
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
N/A
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City: Faust
Specific Location (Include road numbers, landmarks, etc.): U.S. 23 at the North Carolina - Tennessee state line
6. Name of Closest Stream/River. Li le Creek
7. River Basin: French Broad River ,
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES F ] NO [ ] C -Tr
9. Have any Section 404 permits been previously requested for use on this property? DES [ ] NO .? ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: See pL-%m
Drained:
Flooded:
Excavated:
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Drainage Pipe replant, retention basin construction, rip rap placem n in stream.
13. Purpose of proposed work: Erosion and sedimentation control, rpa:6ray drainage
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. No alternative
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or 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. Have you done so? YES ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [X ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
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. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?

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