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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. Co bey, Jr., Secretary Director
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Dear Sir or Madam:
SUBJECT; 401 WATER UALITY CERTIFICATION
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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.ltr ,
cc: DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville \looresville 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
County, COE Project # Z9%
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P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
Pollution Prevention Pays
.4n Gqual Opportunity :\Itirmativc Action Lmplo\rt
DEPARTMENT OF THE ARMY t?
WILMINGTON DISTRICT, CORPS OF ENGINEERS l5
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 9
IN REPLY REFER M November 20, 1992
Regulatory Branch
Action ID. 199300482 and Nationwide Permit No. 14 (Road Crossing)
Masterwork Builders
Mr. Joe Kownslar
Route 3, Box 293
Waynesville, North Carolina 28786
Dear Mr. Kownslar:
Reference your application of November 5, 1992, for Department of the Army
(DA) authorization to construct a culverted road crossing of an unnamed
tributary to the West Fork Pigeon River in Bethel Community, Haywood County,
North Carolina. The road crossing is to access the Robert Taylor residence.
The project has been reviewed by the N.C. Wildlife Resources Commission (WRC)
for potential adverse impacts to designated 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 (NWP).
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing. bf a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
-2-
Your work is authorized by this NWP provided it is accomplished in strict
accordance with"the enclosed conditions. This NWP does not relieve you of the
responsibility to obtain any required State or local approval. Information
regarding issuance of a Section 401 Water Quality Certification may be
obtained through Mr. John Dorney, Division of Environmental Management, at
[phone].
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP 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
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP'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 David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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
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
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