Allan R Kenny

fiSTATE
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 076 7 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
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Dear Sir or Wadam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
Jac4?.sov) County, COE Project # /99aoa?ocQ
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,
ric Galamb
Applic As/:'Y h
cc(ail/ DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Emplo)vr
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 1, 1992
Regulatory Branch
Action ID. 199202502 and Nationwide Permit No. 13 (Bank Stabilization
Mr. Allan R. Kenney
c/o Mr. Doug Parker
Parker Excavating, Inc.
310 Ed Bryson Road
Cullowhee, North Carolina 28723
Dear Mr. Kenney:
Reference your application of June 4, 1992, for Department of the Army
(DOA) after-the-fact authorization to install riprap bank stabilization along
500 linear feet of eroding shoreline at your property located on Thorpe
(Glenville) Reservoir near Cashiers, Jackson County, North Carolina. The work
was performed without the required DA authorization and has subsequently been
reviewed by our Asheville Regulatory staff and the N.C. Wildlife Resources
Commission (WRC) for potential adverse impacts to trout waters.
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 of 1899
and Section 404 of the Clean Water Act, was provided for bank stabilization
activities provided:
a. No material is placed in excess of the minimum needed for erosion
protection;
b. The bank stabilization activity is less than 500 feet in length;
c. The activity will not exceed an average of one cubic yard per running
foot placed along the bank below the plane of the ordinary high water mark or
the high tide line;
d. No material is placed in any special aquatic site, including wetlands;
e. No material is of the type or is placed in any location or in any
manner so as to impair surface water flow into or out of any wetlands area;
f. No material is placed in a manner that will be eroded by normal or
expected high flows; and
g. The activity is part of a single and complete project.

0

-2-
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 any
required State or local approval. Please contact Mr. John Dorney, North
Carolina Division of Environmental Management, telephone [phone], to
obtain a waiver or water quality certification for the proposed work. This
permit is effective upon receipt of the waiver or certification.
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 revoed, 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.
Any future projects involving the discharge of dredged and/or fill
material into waters or wetlands should be properly coordinated through.our
Asheville office prior to undertaking construction activities. Questions or
comments may be addressed to Mr. David Baker in our Asheville Regulatory
office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. 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
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687