19920589 Ver 1_Approval Letter_19920924

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
. o. Box 5 ? s
Dear Sir or Madam:
George T. Everett, Ph.D.
Director
?-Z-q-9Z
SUBJECT; 401 WATER QUALITY CERTIFICATION
h.e County, COE Project # 1j%c,103
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 Mooresville Raleigh Washington Wilmington Winston-Salem
7041251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. [lox 29535, ILileigh, North Carolina 27626-0535 Telephone [phone]'
An Equal OP{xxtunity A((irmanve Action Employer
e
-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. Information regarding obtaining 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:
Copies Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
V Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-768:'
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
. , , ..,.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 10, 1992
Regulatory Branch
Action ID. 199203449 and Nationwide Permit No. 14 (Road Crossing)
SEP 21992
Mr. J. C. Cope
Post Office Box 5875
Asheville, North Carolina
Dear Mr. Cope:
28803
Reference your application of August 3, 1992, for Department of the Army
authorization to construct a culverted road crossing of an unnamed tributary
to the Swannanoa River in Swannanoa, Buncombe County, North Carolina. The
project has been reviewed by the NC Wildlife Resources Commission (WRC) for
potential adverse impacts to trout waters.
For the purposes of the 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;
R-11i
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 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.