Garry Hundley

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor _ George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
LXedln County, COE Project # t q( ZO 270 7
The Division of Environmental Management (DEM) received a
letter from the Corps of Engineers (COE) stating that your
project qualified for a Nationwide Permit. Please be advised
that the Nationwide Permit is not valid until a 401 water Quality
Certification has been issued by the Division. General
Certifications have been issue by the Division for most of the
Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division
before the Nationwide Permit is valid.
If you are utilizing Nationwide Permit # 26 and your fill
activity is equal to or less than one-third (1/3) of an acre you
are not required to obtain written concurrence. Otherwise please
complete the attached form (except for conditions 15 and 16) and
send six additional copies (a total of seven copies) so that the
review of your request can be initiated.
If you have any questions, please call me or Mr. John Dorney
at 919-733-1786.
Sincerely,

Eric Galamb
Applic.
cc: kL1V_ ADEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal opportunity Affirmative Action Employer
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 10, 1992
Regulatory Branch
Action ID. 199202707, General Permit 198200030 and
Nationwide Permit No.,:,„T)8 (Minor Discharges)
Mr. Garry W. Hundley
305 Creekview Terrace
Alpharetta, Georgia 30202
Dear Mr. Hundley:
Reference your application of June 25, 1992, for Department of the Army
authorization to construct a floating dock, place approximately 80 linear feet
of riprap bank stabilization, and to construct a concrete/stone faced stairway
below the full pool elevation in Hiwassee Reservoir (Hiwassee Rivermile 81.4L)
near Violet,,Cherokee County, North Carolina. The work was authorized by the
Tennessee Valley Authority on March 18, 1992. The project has been reviewed
by the North Carolina Wildlife Resources Commission.
On January 1, 1992,, we renewed general permit no. 198200030, (copy
enclosed) that authorizes construction activities in waters of lakes and
reservoirs in the State of North Carolina, owned, operated, and/or regulated
by public utility companies under license from the Federal Power
Commission/Federal Energy Regulatory Commission (FERC) and all lakes or
reservoirs in the State of North Carolina owned and operated by the Tennessee
Valley Authority (TVA). For the purposes of the U.S. Army 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, pursuant to Section 10 of the Rivers and Harbors Act
and Section 404 of the Clean Water Act, was provided for discharges of dredged
or fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
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c. If the discharge exceeds 10 cubic yards or the discharge is in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.
Your work is authorized by this nationwide permit and regional general
permit provided it is accomplished in strict accordance with the enclosed
conditions. In addition, all riprap placement and stairway construction is to
be performed during winter drawdown periods (in the dry). This nationwide
permit does not relieve you of the responsibility to obtain any required State
or local approval. Contact with the North Carolina Division of Environmental
Management regarding Section 401 Water Quality Certification should be made
through John Dorney, [phone].
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 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 (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. David Baker, Asheville
Regulatory Field Office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
ater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
NC Wildlife Resources Commission
Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786