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HomeMy WebLinkAbout19870124 Ver 1_COMPLETE FILE_19870507 r State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary May 7, 1987 Mr. H. Ralph Kennedy City Manager City of Havelock P.O. Box 368 Havelock, NC 28532 R. Paul Wilms Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Entrance Roadway City of Havelock Tributary to Cahooque creek Craven County Dear Mr. Kennedy: Attached hereto are two (2) copies of Certification No. 2071 issued to City of Havelock dated May 7, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Sigled BY . William G. Mills. For R. Paul Wilms cc: Wilmington District Corps of Engineers W shington Regional Office LMr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA Craven County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to City of Havelock pursuant to an application filed on the 23rd day of March, 1987 to construct an entrance roadway from N.C. Highway 101. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a tributary to Cohooque Creek in conjunction with the proposed roadway construction in Craven County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts from the project. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 7th day of May, 1987. DIVISION OF ENVIRCM ENTAL M WEMENT origin a, William 1L. Hr?zg For R. Paul Wi]ms,,Director WQC# 2071 r STME ww State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary May 7, 1987 Mr. H. Ralph Kennedy City Manager City of Havelock P.O. Box 368 Havelock, NC 28532 R. Paul Wilms Director Subject: Certification pursuant to Section 401 of the Federal Clean Water Act,. Proposed Entrance Roadway City of Havelock Tributary to Cahooque Creek Craven County Dear Mr. Kennedy: Attached hereto are two (2) copies of Certification No. 2071 issued to City of Havelock dated May 7, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original c-; .,? By William C. (vials For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer f ... o NORTH CAROLINA Craven County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to City of Havelock pursuant to an application filed on the 23rd day of March, 1987 to construct an entrance roadway from N.C. Highway 101. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a tributary to Cohooque Creek in conjunction with the proposed roadway construction in Craven County will not result in a violation of applicable water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition (s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts from the project. Violations of any condition herein set forth shall result in revocation of this Certification. . This Certification shall became null and void unless the above conditions are made conditions of the Federal Permit. This the 7th day of May, 1987. DIVISION OF ENVIRONMENTAL MANAGEMENT Ofiginal Signed By William C, Mills For R. Paul Wilms, Director WQC# 2071 f. • of Pn?dvrk "Serving Eastern Carolina's Largest Inftstry" P. O. Box 388 Pain lark, Yart4 Carolina 28532 PHONE 919.447.8152 March 20, 1987 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources & Comm. Development P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Please find enclosed the two copies of Application for Water Quality Certification in conjunction with the minor road crossing permit issued by the Corps of Engineers on March 6, 1987 (copy attached). Your most expedient attention to this matter will be greatly appreciated as we need to move as quickly as possible to gain access to our property. Should you have questions or need additional information, you may contact me at (919)447-8152. Since , H. Ralph Ken City Manager HRK/vmw i 3y Enclosures *f' FOR PERMIT TO EXCAVATE AND/OK FILL WATER QUALITY CERTIrICATION .XX EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR.MAJOR DEVELOPMENT tpa?tment of Administration State of No(th Carolina Department of the Army .S 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229,143-215.3(a)(1). 143.215.3(c), 113A•119 (33CFR 209.320.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in Kink.. L Applicant Information A. Name City of Havelock Last First Middle . B. Address P.O. Drawer 368 Street, P. O. Box or Route Havel.ock,•North Carolina 28532 (919)447-8152 City or Town State Zip Code Phone If. Location of Proposed Project: ' A. County Craven. B. 1. City, town, community or landmark Havelock adjoining Rosier Bell School Property _ 2. Is proposed work within city limits? Yes No X Contiguous to City Limits-Highway 101 Tributary to C, Creek, river, sound or bay upon which project is located or nearest named body of water to project Cohooque Creek 111. Description of Project A. 1. Maintenance of existing project 2. New work X M nor•road crossing S. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin Icpgth width depth 3. Fill arcs" length width_______depth 4. Other Minor Roadway length 25 r width 60' w depth 2.5 C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) .2. Type of bulkhead constrULtion (material) N/A D. Excavated material (total for project) 1'. Cubic yards 0 2. Type of material N/A E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards Less than 200 2, Type of material Comoacted sand clay IV. Land Type. Disposal Area, and Construction Equipment: A. Dues the area to be exc.tvated include any marshland, swamps or other wetland? Yes No N/A 6. Ducs the disposal area include any marshland, swamps or other wetland? Yes-No N/A-- C. Disposal Arta N/A_ a : 1. Location 2. Do you claim title to disposal area? N/A D,. Fill matcrial source if fill is to be trucked in Sand cl..4from local borrow t E:' How will excavated material be entroppcJ and erosion controlled? N/A cl?hoe ypc of equipment lu be used d. r tor. r der Will nmr?hland be trussed in transporting equipment to project site? If yes, explain No - PLEASE 13€-SURE TIIAT: - Both-copies arc completed - -- - - All blanks arc filled in - - You have signed both topics . If you have any questions please call your regional field office. Mail gr copy to: , District Engineer Wilmington District Corps of Engineers P. O. Box 1890 Wilmin_vt_oA N. C. 25402 (Note: attach Corps transmittal letter) ' Phone: 919/343.4631 AND ' Mail one copy. to your regional field office as indicated on the map below: East of Chowan River and north of Albemarle Soi:r- "'?.? T;c` to Virginia border, including northern Dare Coun: r Gates and outer banks to Ocracoke Inlet. o? °'?? ?? Mana ement :howan River and south of Pamlico Rivers Hertford Coastal Field Services `103 S. tiVater Street couthen? half of Beaufort County: 1 --- . r 1 v, Elizabeth City, NC 27909 tl Management Field Services j .10 ' 919/338-0206 re t-, Brt?e 14. Market N Street ?ton, NC 27589 G t 46-6481 ? 1 %7Washinpton,/Tyrrell A ?.A Beaufort f Hyde Craven ?. Pamlico j w1 South of Pamlico River and Beaufort County to Onsiow New River including barrier islands from Ocracoke Inlet to north of New River Inlet. t Coastal Management Field Services Pander P. O. Box 769 Morehead City, NC 28557 ?,? ; 919/733-2160 or 726.7021 t? Flinu er South of New River Inlet to South Carolina border, r` r Brunswick Coastal Management Field Services 7225 Wrightsville Avenue t Wilmington, NC 28.103 fi? 9191256.4161 . ?:?Cnucu ?J SC Uf Y 1UtCLI OWCA JVC)61 IUet i - . - A. 1. Private Commercial 3. Housing Development or Industrial 4. Other Recreation B. 1. Lot size(s) 50 acres 2. Elevation of lot(s) above mean high water 25.9 3. Soil type and texture Johnston & Muckalee 4. Type of building facilities or structures Recreation Pavilions and Athletic Fields 5. Sewage disposal and/or waste water treatment A. Existing Planned Force main into City System B. Describe (W.W.T.P. ) 6. *Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY -RURAL X CONSERVATION OTHER (See CAh1A Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Qu ality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No X_ 2. Type of discharge . 3. Location of discharge Unknown (Nil) 'I1. Present rate of shoreline erosion (if known): 11. List permit numbers and issue dates of previous Department of Army Corps of En;ineers or State permits for work in project area, if applicable: Nationwide Permit #14 March 6 1987 -- X:3:Length of time required to complete project: 2 days )LYJn addition to the completed application form, the following items must be provided: A. Attach a copy of the decd (with State application only) or other instrument under which applicant N/A claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for details). Note: Original drawings -preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowner-, by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served N/A D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. N/A ;I. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. 1. Any permit issued pursuant to this application will allow only the development described in this appli- cation :ind plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, in, luding construction, excavation, filling, and land clearing. t Applicant's Sibnat c t y jo c c r c c F r Cn O n CrJ "' z o x o tzj ? o z x rn ? z H z ro ? n ? a tod n O cn o ? z a ? x x a cn z d N ? V ?? C17 n ? N H oo O O V O ,? i _ D 00' sti .24047Z-. z ? o a c o •I r N x F-i czi I w o I ~ O m a. m ?AI ? IVY ? ? (fit p N m CL n C7 I x ' m Cl) 1+ I f n x x D ? 'i Z 0 O r= O H 0 a r t? H1?Y o?v d%s tr ?r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 March 6, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: Nationwide Permit No. 14 City of Havelock Attention: Mr. Ralph Kennedy, City Manager Post Office Drawer 368 Havelock, North Carolina 28532 Dear Mr. Kennedy: Thank you for your inquiry of March 3, 1987, regarding your plans to develop an approximate 50-acre parcel of property located on the south side of Highway 101 just east of the Roger Bell Elementary School in Havelock, Craven County, North Carolina. During your onsite meeting with Mr. Lee Pelej of the U.S. Environmental Protection Agency and Mr. David Baker of my staff, it was determined that your 60-foot ROW entrance driveway would involve the discharge of fill material into a tributary of Clubfoot Creek as well as its adjacent wooded wetlands. The remaining acreage,,.__dominated by a young loblolly pine stand, is not subject to our Section 404, Clean Water Act, regulatory jurisdiction. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330, published in the Federal Register on November 13, 1986, lists nationwide permits. A "minor road crossing fill" is defined as a crossing that involves the discharge of less than 200 cubic yards of fill material below the plane of ordinary high water. Authorization was provided for minor road crossing fills including all attendant features, both temporary and permanent, that are part of a single and complete project for crossing of a non-tidal waterbody, provided that the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand expected high flows and provided further that discharges into any wetlands adjacent to the waterbody do not extend beyond 100 feet on either side of the ordinary high water mark of that waterbody. . -2- For this nationwide permit to be valid, you must comply with the following conditions: a. Any discharge of dredged or fill material will not occur in the proximity of a public water supply. b. The activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the cultural habitat of such species. c. The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody. d. Any discharge of dredged or fill material will consist of suitable material free from toxic pollutants. e. Any structure or fill will be properly maintained. f. If the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, or if significant historic properties are encountered before or during work, the permittee will notify the District Engineer. g. An individual State water quality certification must be obtained or waived. Conditions of certification will be considered to be special conditions of the Federal nationwide permit. h. The following management practices will be followed to the maximum practical extent: (1) Discharges of dredged or fill material into waters of the United States will be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons will be avoided. (3) Discharges will not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters . -3- (4) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow will be minimized. (5) Discharge in wetland areas will be avoided. (6) Heavy equipment working in wetlands will be placed on mats. (7) Discharges into breeding areas for migratory waterfowl will be avoided. (8) All temporary fills will be removed in their entirety. The District Engineer has determined that the individual and cumulative adverse effects of your work on the environment will be minimal. Your work is authorized by nationwide permit provided it is accomplished in strict accordance with the preceding conditions. Please be aware that this authorization does not relieve you of the responsibility to obtain any required State or local approval. If you have--:questions, please contact David Baker, Regulatory Branch, telephone (919) 343-4642. Sincerely, Cha 1 s W. ylis ,hie , Regul ory Branch a r -3 FOR tERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION XX EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOP, MAJOR DEVELOPMENT apartment or Administration State of No(th Carolina Department of the Army IS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113.229, 143.215.3(a)(1), 143.215.3(c), 113A•119 (33CIF R 209.320.329) Please type or print and fill in all blanks. If information is trot applicable, so indicate by placing N/A in blank. L Applicant Information A. Name City of Havelock Last First Middle . B. Address P.O. Drawer 368 Street, P. 0. Box or Route Havelock,-North Carolina 28532 (919)447-8152 City or Town State Zip Code Phone If. Location of Proposed Project: A. County Craven. B. 1. City, town, community or landnark Havelock adjoining Roger Bell School Property 2. Is proposed work within city limits? Yes No X Contiguous to City Limits-Highway 101 Tributary to C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Cohoonue Creek Ill. Description of Project A. 1. Maintenance of existing project 2. New work X Minor. road crossing S. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin Iepgth width depth 3. Fill area' length width depth 4. Other Minor Roadway length 25 r width h0 r depth 2.5' C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) .2. Type of bulkhead construction (material) N/A D. Excavated material (total for project) 1'. Cubic yards 0 2. Type of material N/A - E. Fill material to be placed below MHW (see also V1. A) 1. Cubic yards Less than 200 Type of material Compacted sand clay IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No NIA B. Does the dispo-ol area include any marshland, swamps or other wetland? Yes No N A C. Disposal Area N/A _ 1. Location 2• Do you claim title to disposal area? N/A Dl. Fill material source if fill is to be trucked in Sand clay from local borrow t E.' How will excavated material be entrapped and erosion controlled? N/A f• ype of equipment to he used dozer riotor2rader backhoe (t, Will marshland be crussrd in transporting equipment to project site? If ycs, explain No •; s.w t; PLEASE BE SURE THAT: -Both copies arc completed --- - r All blanks arc filled in You have signed both topics. If you have any questions please call your regional field office. Mail Q copy to: District Engineer Wilmington District Corps of Engineers P. O. Box 1890 ' Wilmington, N. C. 23402 (Note: attach Corps transmittal letter) Phone: 9191343.4631 ----- ---- ------=-----------------'------------------- ----- ------------- - AND Mail one copy. to your regional field office as indicated on the map below: East of Chowan River and north of Albemarle Soi:r- "'?.? ?,G to Virginia border, including northern Dare Coup: r Gates t-'q and outer banks to Ocracoke Inlet. .f o? dsoG a, `? Coastal Management Field Services :ho:ran River and south of Pamlico Rivers Hertford Pao\,;fd 103 S. Water Street outhern half of Beaufort County: ;1 - %v s•?r ? Elizabeth City, NC 27909 d Management Field Services j ?0101- s 919/338-0206 'J. Market Street Bettie 0? .g ton, NC 27889 46-6481 j Washington )Tyrrell A Beaufort ( r Hyde 1 1N Craven \vl pamli?o j South of Pamlico River and Beaufort County to fOnslow ?'? Ga` toy New River including barrier islands from Ocracoke Ns? I nlet to north of New River Inlet. Coastal Management Field Services Perfor ` P. O. Box 769 Morehead City, NC 28557 919/733.2160 or 726.7021 .? Now H,rnover South of New River Inlet to South Carolina border, Brunswick Coastal Management Field Services I ; 7225 Wrightsville Avenue t _ Wilmington. NC 28.103 9191256.4161 t= ,wl. A. ?l. Private - r2. Corimmerciai 3. Housing Development or Industrial 4. Other Recreation 8. 1. Lot site(s) 50 acres 2. Elevation of lot(s) above mean high water 25.9 3. Soil type and texture Johnston & Muckalee 4. Type of building facilities or structures Recreation Pavilions and Athletic Fields 5. Sewage disposal and/or waste water treatment A. Existing Planned Force main into City System 8. Describe (W.W.T.P. ) 6. 'Land Classification'(eircle one) DEVELOPED TRANSITIONAL COMMUNITY -RURAL X CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: - A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No 8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_No_X 2. Type of discharge . 3. Location of discharge Unknown (Nil) Vil. Present rate of shoreline erosion (if known): fill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: Nationwide Permit #14 March 6 19§7 IXIYLength of time required to complete project: 2 days X.X1n addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant N/A claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. 8. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served N 7A 0. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. N/A Xl• Certification requirement: I "certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. :11. Any permit issued pursuant to this application will allow only the development described in this appli- cation Mid plat. Applicants should therefore describe in the application and plat all anticipated devel- opmck activities, including construction, excavation, filling, and land clearing. E • t Applicant's Signatu t '82 - SEE REVERS[ SME FOR MAIUENG 1l4SMUCTIONS w j r TRUE NORTH } O a x O E-+ O 3 : o o z } Ca 3 cv -- - -. a I +1 f N W I cn Co o w ?a ? - a W ? >: F- d' 0 I p : Z N 0to Io tN ti.I? m 'm _. IN N I I ? LJLJ Q< . V .o O i Rf O C7 tp ( H ta x to U O M P4 a W A x O LLa E"' O H / fs , 00 '98/ x. ^ O 0 0 o N rn U II ? w N A A ^ a O Z O En 04 H U 04 01 U a W E-4 Z x O O z x z w w o U U C 3 x w w cn IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 March 6, 1987 SUBJECT: Nationwide Permit No. 14 City of Havelock Attention: Mr. Ralph Kennedy, City Manager Post Office Drawer 368 Havelock, North Carolina 28532 Dear Mr. Kennedy: Thank you for your inquiry of March 3, 1987, regarding your plans to develop an approximate 50-acre parcel of property located on the south side of Highway 101 just east of the Roger Bell Elementary School in Havelock, Craven County, North Carolina. During your onsite meeting with Mr. Lee Pelej of the U.S. Environmental Protection Agency and Mr. David Baker of my staff, it was determined that your 60-foot ROW entrance driveway would involve the discharge of fill material into a tributary of Clubfoot Creek as well as its adjacent wooded wetlands. The remaining acreage, dominated by a young loblolly pine stand, is not subject to our Section 404, Clean Water Act, regulatory jurisdiction. . For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330, published in the Federal Register on November 13, 1986, lists nationwide permits. A "minor road crossing fill" is defined as a crossing that involves the discharge of less than 200 cubic yards of fill material below the plane of ordinary high water. Authorization was provided for minor road crossing fills including all attendant features, both temporary and permanent, that are part of a single and complete project for crossing of a non-tidal waterbody, provided that the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand expected high flows and provided further that discharges into any wetlands adjacent to the waterbody do not extend beyond 100 feet on either side of the ordinary high water mark of that waterbody. -2- For this nationwide permit to be valid, you must comply with the following conditions: a. Any discharge of dredged or fill material will not occur in the proximity of a public water supply. b. The activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the cultural habitat of such species. c. The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody. d. Any discharge of dredged or fill material will consist of suitable material free from toxic pollutants. e. Any structure or fill will be properly maintained. f. If the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, or if significant historic properties are encountered before or during work, the permittee will notify the District Engineer. g. An individual State water quality certification must be obtained or waived. Conditions of certification will be considered to be special conditions of the Federal nationwide permit. h. The following management practices will be followed to the maximum practical extent: (1) Discharges of dredged or fill material into waters of the United States will be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons will be avoided. (3) Discharges will not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters . .el -3- (4) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow will be minimized. (5) Discharge in wetland areas will be avoided. (6) Heavy equipment working in wetlands will be placed on mats. (7) Discharges into breeding areas for migratory waterfowl will be avoided. (8) All temporary fills will be removed in their entirety. The District Engineer has determined that the individual and cumulative adverse effects of your work on the environment will be minimal. Your work is authorized by nationwide permit provided it is accomplished in strict accordance with the preceding conditions. Please be aware that this authorization does not relieve you of the responsibility to obtain any required State or local approval. If you have questions, please contact David Baker, Regulatory Branch, telephone (919) 343-4642. Sincerely, Chte, W. lis h6Reory Branch