Ken Crowell

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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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Actin Director
Dec. (I?1
-I- c) , -Box --7-1Y3
1?oci,?, MQ ) Nc (:;i- w4
Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
County, COE Project # 199 z3a 2
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.
Your road crossing (Nationwide Permit # 14) requires written concurrence from
DEM. Therefore, 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,
Cam/
Eric Galamb
Applic.14
cc: w'\-c DEM Regional q'1?I ALOrFtcEs
AshevillMr. Johha-?.t0brcney MooresviIle Raleigh Washington Wilmington V/inston-Salem
704/251-6208 9 19/4 86-154 1 7 04/663 -1699 919/571-4700 919/946-6481 919/395-3900 9 19/896 -7007
Pollution Prevention Pays
P.O. Box 29535, Ralcivh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Ernploycr

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 2, 1992
Regulatory Branch
7 Nov 101992
SUBJECT: Action ID. 199300252 and Nationwide Permit No. 14 (Road Crossing)
Mr. Ken Crowell
C/O C & J Enterprises, Inc.
Post Office Box 7773
Rocky Mount, North Carolina 27804
Dear Mr. Crowell:
On September 30, 1992, Mr. John Cameron of my staff visited the property
of c & J Enterprises, inc., located on the south side of SR 1745, 1 mile west
of NC 58, Nashville, Nash County, North Carolina. The subject property is
adjacent to two unnamed tributary to Jacob Branch. The purpose of the visit
was to determine the presence of wetlands subject to our regulatory
jurisdiction pursuant to Section 404 of the Clean Water Act, and to discuss
your proposed widening of the existing road crossing to a 56-foot wide road
crossing of one unnamed tributary, constructing another 48-foot wide road
crossing of the other unnamed tributary, and the completion of filling 0.8
acre of wetlands under Deft of the Army, Nationwide Permit No. 26, dated
October 5, 1988.
During the aforesaid visit, Mr. Cameron determined that the proposed road
crossing sites consists of a 5-foot wide creek channel with no adjacent
wetlands for the existing road crossing to be widened to 56 feet, and a 3-foot
wide channel with no adjacent wetlands for the added unpermitted 48-foot road
crossing. Enclosed is a copy of two Wetland Determination Forms, providing
specific information obtained at stations on your property. The data on these
form supports the determination that jurisdictional waters of the United
States are restricted to the creek channels of the unnamed tributaries, with
high ground occurring adjacent to the creek banks.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CER), 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;
r
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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 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, including a Section 401 Water Quality
Certification. Questions concerning Water Quality Certification should be
addressed to Mr. John Dorney, North Carolina Division of Environmental
management, at telephone [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 capply with the terms and conditions of the nationwide permit,
activities which have ccmTenced (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.
Additionally, Mr. Cameron determined that you are in compliance with
Department of the Army, Nationwide Permit No. 26, confirmed October 5, 1988,
to fill 0.8 acre of wetlands, and the work has been completed.
You had requested that we confirm that the work on your site is
authorized by the nationwide general permits which expired on January 13,
1992, pursuant to the "grandfathering" provisions of the nationwide permit
regulations at Title 33 Code of Federal Regulations, Part 330.6 (b),
published on November 22, 1991. However, since all the completed and proposed
work on your property is authorized by unexpired nationwide permit
authorizations, there is no need to confirm the applicability to the
"grandfathering" provisions.
Aft
-3-
Field
,RRegulatory Branch, telephone [phone] cameron, extension Raleigh 24.
Offce
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
/11
orney
Mr..J D
Water ity Section
Div' ion of Envirormiental Management
No Carolina Department of
Envirornnent, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Larry Odom
Nash County Planning
Nash County Agricultural Center, Room 111
Nashville, North Carolina 27856
Copy Furnished (with data sheet):
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, oceans and watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365