Ver _Approval Letter_19930205 (54)

STA)r
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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. CCoobey, Jr., Secretary ? C? ?/? 3 f Actino, Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
County, COE Project # M l3 QPJ7)
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,
g-?; vim L
Eric Galamb
Applic 14/ 1
cc: ; '- DEM Regional q#-qBNALOFMCES
Ashevil!Mr. JohJlaf p0 0rney Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9 19/4 86-154 1 704/663-1699 919/571-4700 919/946-6481 919x95-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Aff-umative Action Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 8, 1992
Regulatory Branch
??d 01992
Action ID. 199300579 and Nationwide Permit No. 14 (Road Cross
Blue Ridge Community Health Services, Incorporated
Post Office Box 5151
Hendersonville, North Carolina 28793
Dear Sirs:
Reference your October 28, 1992 application and plans, submitted by
Mr. Don Hunley of William G. Lapsley and Associates, for Department of the
Army authorization to install a 33-foot-long, 42 inch diameter culvert with
associated headwall and rip rap in an unnamed tributary to the Rocky Broad
River on the north side of US Hwy 74/64 near Bat Cave in Henderson County,
North Carolina. The purpose for the project is to gain access to high ground
on property to be developed. No wetlands will be impacted by the project.
This project has been coordinated with 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, 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. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. It is recommended that you contact Mr. John
Dorney of the State of North Carolina, at telephone [phone], to insure
that you have complied with state water quality certification requirements.
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 Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-3-
Copy Furnished (with enclosure):
Mr. Don Hunley
William G. Lapsley and Associates, P.A.
410 West Fifth Avenue
Hendersonville, North Carolina 28739
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
atural Resources
/'N
V Post Office Box 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786