Scott Patrick Lackey

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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
County, COE Project # 122,203U`
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
Appl i C.
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cc: 1, 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 919/8967007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 276260535 Telephone [phone]
An Lqual Opportunity AI(irmative Action Fmplgwr

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 7, 1992
Regulatory Branch

Action ID. 199203049 and Nationwide Permit No. 14 (Road Crossing)
Mr. Scott Patrick Lackey
Post Office Box 1426
Burnsville, North Carolina 28714
Dear Mr. Lackey:

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Reference your application of June 23, 1992, for Department of the Army
authorization to construct a bridge across Shoal Creek to access your property
located off Shoal Creek Road near Burnsville, Yancey County, North Carolina.
The project has been reviewed by the NC Wildlife Resources Commission (WRC)
for potential adverse impacts to designated trout waters. Shoal Creek is
tributary to Little Crabtree Creek and the South Toe River.
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 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;
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.

-2-
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 July 24, 1992 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain any required State or
local approval. Irfformation regarding the necessity to obtain 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].
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Ra -igh, North Carolina 27611-7687
r. 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
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
NC Wildlife Resources Commission
Chris Goudreau
Route 6, Box 685
Marion, North Carolina 28752