Arnold Rickman

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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
William W. Cobey, Jr., Secretary
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Dear Sir or Madam:
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George T. Everett, Ph.D.
Director
SUBJECT; 401 WATER QUALITY CERTIFICATION
ul1CArvt?/. County, COE Project # CJ`7 2 03???
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 not valid until a 401 Water Quality
Certification has been issu a 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.
T?o_u...re_-ut il.i.zng-N-a`ti onwde -Permit-- #f--2-6---a-nd--you-r---fil1
act-ivity-is--equal to_or___1e.s-s t-han--__one =th-i r-d-- (1 / 3)-of-an--ac-re-you
are- n-ot--r-equi.red-to--obtain-wr-i-tten--con-cur-r-ence-: 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,
p
G
Eric Galamb
Appiic.ltr 7
cc: DEM 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. Boa 29535, R leigh, North Carolina 27626-0535 Telephone [phone]
An Gq ial 0P1xan1111tp Affirmative Action Frtploycr
i ` ( L3 ? LY U u l:t
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEER
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890. '
WETLANDS GROUP
IN REPLY REFER TO September 28, 1992 WATER QUALITY SECTION
Regulatory Branch
Action ID. 199203638 -- Nationwide Permit No's. 26 (Headwaters and Isolated
Waters) and No. 14 (Road Crossing)
Mr. Arnold Rickman
Post Office Box 746
Black Mountain, North Carolina 28711
Dear Mr. Rickman:
Reference your application of August 26, 1992, for Department of the Army
authorization to construct a culverted road crossing of an unnamed headwater
tributary to Hominy Creek; relocate a section of channel; and construct a pond
at your property located off Hookers Gap Road, Leicester, Buncombe County,
North Carolina. The channel relocation and pond construction will impact less
than 1/3 acre of waters of the United States. The project has been reviewed
by the NC Wildlife Resources Commission (WRC).
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 was provided, pursuant to section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
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 one-third 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;

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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 of 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.
Your work is authorized by these nationwide permits 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. Information regarding issuance of a Section
401 Water Quality Certification may be obtained through John Dorney, Division
of Environmental Management, at [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 David Baker in our Asheville
Regulatory office at [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
Mr. John Dorney
Water Quality Section
Division of Environmental Management
th Carolina Department of
VEnvironment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687