19920323 Ver 1_COMPLETE FILE_19920812

IMPORTANT
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Date 'a / 1 -7 Time /D (n C)
WHILE YOU WERE OUT
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Phone 70 'f 773 - 3y0 7
AREA CODE NUMBER EXTENSION

TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
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Message
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Signed
N r np.nt. of Fnvironment. Health, and Natural Resources
\ 1?? Onn,nA nn RnrvrleA Pnror
a 1 s?.vi
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 August 13, 1992
Acting Director
Mr. Richard S. Benz
Route 2, Box 156
Highlands, NC 28741
Dear Mr. Benz:
Subject: Proposed Fill in Waters or Wetlands
Road Crossing
Jackson County
DEM Project 92323, COE # 199201755
Upon review of your request for Water Quality Certification
to place fill material in less than one acre of water for road
crossing located at Norton Mill Creek, in Jackson County, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2732 issued January 21, 1992. A copy
of the General Certification is attached. This Certification may
be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 14. An additional condition is that the
culvert shall be placed one foot below the streambed. Riprap
shall be placed at the outlet and inlet of the culvert.
Stringent erosion control measures shall be implemented at the
site.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
APH:JD
Attachment
Sincerely,
9Preston Howard, Jr. P.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Ashevill Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files REGIONAL 0MCE-S
Asheville Fayetteville Mooresvlllc Ralcgh Washington Wilmington Winston-Salem
704/251 -6208 919/486-1541 70,1/663 - 1699 9 19/5 71 -4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telcphone 919-733-7015
An Equal Opportunity Affirmative Action Employer
y
0 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Robert W. Johnson, Office Manager
U.S. Army Corps of Engineers, Asheville
FROM: Dennis Stewart, Manager
Habitat Conservation Program /&Wx? J2?xr
DATE: April 8, 1992
SUBJECT: Review of an application by Mr. L. Holman Waters Jr., of
Cranston, Robertson & Whitehurst, P.C., for Mr. Richard
Benz to install a culvert on an unnamed tributary to
Norton Mill Creek and Chattooga River, Whiteside Cove
Community, Jackson County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by Mr. L. Holman Waters, and
professional biologists on our staff are familiar with habitat
values of the project area. An onsite investigation was
conducted on March 17, 1992 for the purpose of further assessing
potential construction impacts on wildlife and fisheries
resources. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661 et. seq.), Clean Water Act of
1977 (33 U.S.C. 466 et seq.), and North Carolina General Statutes
(G.S. 113-131 et. seq.).
The applicant is requesting authorization to install a metal
culvert on an unnamed tributary to Norton Mill Creek and
Chattooga River. The purpose of the work is to create a road
crossing to access Mr. Benz's property.
The unnamed stream is a tributary to Norton Mill Creek and
Chattooga River, which in part are Designated Public Mountain
Trout Waters and managed by the NCWRC as a wild trout fishery.
The unnamed stream is very small and may be intermittent. No
federal or state listed threatened or endangered species are
known to be present. This project may cause short-term turbidity
and may have detrimental effects on aquatic organisms during
construction.
O..
Memo Page 2 April 8, 1992
The NCWRC does not object to the issuance of the permit
provided the following conditions are met by the applicant:
1) Erosion control measures should be installed prior
to the start of construction and maintained until
the project site has been stabilized.
2) Temporary ground cover should be placed on bare
surfaces as soon as construction is completed.
Permanent vegetation in these same areas must be
established within 15 working days of project
completion to provide long term erosion control.
3) In order to insure fish passage, the culvert should be
placed 1 foot below the stream bed.
4) Rip-rap should be placed at the inlet and outlet of the
culvert. Placing rip-rap at other locations on the
creek will require a separate review.
We appreciate the opportunity to review and comment on this
project. Please contact us if you need further assistance.
DLS/lp
cc: Mr. Micky Clemmons, D-9 Fisheries Biologist
Ms. Stephanie Goudreau, Mt. Region Habitat Biologist

J. CRAIG CRANSTON. P.F.
TIIOMA,9 11 . ROBCRTSON, P.R..
ELb1UIX:E A, W111TF.IIU169T, JR., P.R.
J
Mr. Bob Johnson
US COE
Asheville District
37 Battery Park Avenue
Room 75
Asheville, NC 28801
RE: Our File No. 91-455 Road Design t serve Benz
Dear Mr. Johnson:
Please find herewith an executed Application for Permit to Excavate/Fill to serve the
aforementioned project, along with supporting Warranty Deed and pertinent 8.5 x 1111
sketches for your approval and review.
Please do not hesitate to call should you have any questions or comments.
Sincerely,
CRANSTON, ROBERTSON AND WHITEHURST, P.C.
L. Holman Waters Jr., P.E.
LIIW/sbm
cc: Mr. Richard Benz

son & Whitellst, Eq. '; g 10
PLANFRB 3URVFYol 1, 1
FICP BOX 450 CA911IRR9. NORT t19 N?SGREL(">,
'IIONF [phone] J-VVP \j4 S
OPIP.R [phone]
W. EDWARD IIAU. L5.
L IIOLMAN WATF.R.9. RF.
Cranston, Rohe
ENCINFFRS
NO. 12 CIIP_9"TNIIT.WUARR POST
r Y
ary 27, 1992
ri
i
j r t • (u? hn:+ ?'J7r11 }I I'L:,oulcc:'> ______- ......
API'LICAi ION
W+
FOR
+,?? ; LkNilt TO EXCAVATE AND/Olt FILL WATT R t7UALITY CC1ttfl'ICATIUN
LAMA PERMIT FOR MAJOR DEVELOPMENT
EASEMENT IN LANDS COVERED BY WATER
Department of the /Army
Dtparirnent of /Administration Stale or North Carollna
(GS 1?6• I I) Department of Natural Resources and CommunltY Development `33 Cr of 209 320-3 gl)minston District
(rS 119 229, 1dJ-21S.3(a)(1), 143.215.3(c), 113A-I18
Please type or print and fill in all blanks. If Information Is not applicable, so Indicate by placing N/A in blank.
1. Applicant Inforniatinri ?fysy
A. Name Benz Richard ?
Last First Middle
8. Address Route 2 Box 156
Street, P. O. Box or Route
ands NC 2i741 70-1/26-979
Iliyhl
state Zip Code Phone
City or 1 own
it. Location of Proposed Project:
A. County Jackson
Cashiers Township
U. 1. City, town, community or landmark X
2. Is proposed work within city limits? Yes N'o
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
N t Mi r k
III. Description of Project Proposed 12' Roadway
A. 1. Mahitcnance of existing project N/A New work
0. Purpose of excavation or fill
It n rlh
I. Acccas charntcl width _ dcplli
b
2. Iluat basin length-- widlit depth
6
3. 17 ill area Culvert- length 50 width 34 depth
4. Olhcr length _ ___widtli -depth
C. i. Bulkhead length N _L A- Average distance waterward of M) 1W (shoreline) N/A
N/A
2. type of bulkhead construction (material)
0. Excavated material (total for project) NZA
1. Cubic yards N/A 2. Type of material
E. Fill material to be placed below MIiW (see also VI. A) Select Fill
. Cubic yards s s 1- h ^ n 5 p 2. Type of material
IV. Land Type, Disposal Area, Arid Construction Equipment: X
A. Docs the area to be excavated include any marshland, swamps or other wetland? Yes X No
U. Does the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area N/A
1, Location-
2. Do you claim title to disposal area?
b. Fill material source if lill Is to be trucked In Throu h sediment basins and
L. Now will excavated material be entrapped and erosion controlledt silt fences
ozers
I . I ype art equipment to be used N/A
G. Will marsliland be crossed in transporting equipment to project site? If yes, explain
oaf •el
F`
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTA1, MANAGEMENT
WATER QUALTTY SECTTON
July 3.1, 1()92
TO: John Dorney
401 Certification
THROUGH: Forrest R. Westa 1.
Water Quality Reg'. ?a1 Supervisor
FROM: William E. Anders n
Environmental Techn t-an
SUBJECT: Water Quality Certi.f.i.cation #92323
Benz Road Culvert
Jackson County
Ann B. Orr
Regional Manager
This is a request to place a culvert in the creek for
road access to a house construct:i.on project. The stream
is in the Chattooga River Basin ORW.
The stream banks are steep at the sit-.o and there are not
any other wetlands to be affected by I-lie culvert. The
small additional sediment introduced by the culvert
installation should not be a problem. Tssuance of Water
Quality Certification is recommended.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer

J. CRAIC CRAMTON, P.F,.
TIIOMAS 11 NOOF.RI"SON, P.F..
ELIMILN:F, A. WIIITt:111116sT, m., P.F..
Mr. Bob Johnson
US COI:
Asheville District
37 Battery Park Avenue
Room 75
Asheville, NC 28801
January 27, 1992
RE: Our File No. 91-455 Road Design to serve Benz
bear Mr. Johnson:

Please find herewith an executed Application for Permit to Excavate/Fill to serve the
aforementioned project, along with supporting Warranty Deed and pertinent 8.5 x 11"
sketches for your approval and review.
Please do not hesitate to call should you have any questions or comments.
Sincerely, `
LI I W/sbrn
? Z ' zZ
Cranston, Robertson & Whitehurst, P.C. 199.
?;vt1 1 9
ENCINPFU PLAMNERB SURVEYOIIS
NO. 11 CIIF9TN11T SQUARE POST OFFICP, BOX 4,50 CASIIIERW, NORTII CAR I,INA 7R1 717 _ `(t),;:?
TEI.EPIIONE (761) ua Y0.S0 ?•r^••WErTL uNp???jj?y7 SkC ""1
TELECOPIER (704) 7 IMI 1NpTER
W. F.UWARU IAL4 LA
L IIOIMAN WATERIS, P.E.
CRANSTON, ROBERTSON AND WI IITEFIU RST, P.C.
L. Holman Waters Jr., P.E.
cc: Mr. Richard Benz
APPLICAI ION
w "Fort
tltMlt TO EXCAVATE AND/Olt FILL WATER QUALITY CERTIFICAIION
cAMA PERMIT FOR MAJOR DEVELOPMENT
• EASEMENT IN LANDS COVERED BY WATER
Department of the Army
1mindton District
7eparlment of Adminlstration state or North Csrollna
GS 146.121 Department of Natural Resources and Comnwnlty Development Corps 3 PR 209.320-329)
(GS 113.229, lAJ 21s.3ta)f11, 143-215.3(c), 113A•1IS
Please type or print and fill In all blanks. It (nforrnallon Is not applicable, so indicate by placing N/A In blank.
1. Applicartllnforntation Richard
A. Name Benz Middle
Last First
H. Address Route 2 Box 156
. Street, 1'. O. Box or Route
Highlands NC 21;741 70-1/526-9790
State Zip Code Phone
City or Town
11. Location of proposed project!
A. County Jackson
Cashiers Township
B. 1. City, town, community or landmark X
2. Is proposed work within city limits? yet -WO
C. Creek, river, sound or bay upon which project Is located or nearest named body of water to project
` Mi r k
111. Description of Project Rro?osed 12' Roadway _
A. 1. Maintenance of existing project N/A 2. New work
H. Purpose of excavation or till
1. Access channel Ion bIh width - -depth
2. ISuat basin Ic11801 width -depth
?
3. fill area ' Culvert. length 50 width,15-depth - -
4. Other length - -width ____depth
N A Average distance waterward of M) IW (shoreline) N/A
C. I . Bulkhead length N/A
2. type of bulkhead construction (material)
0. Excavated material (total for project) N/A
1. Cubic yards N/A 2. Type of material
E. Fill material to be placed below MHW (see also V1. A) Select Lill
1. Cubic yards I PGs f- hAn n 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment: X
A. Dues the area to be excavated include ally marshland, Swamps or other wetland? Yes X Nu
U. Dues the disposal area include any marshland, swamps or other wetland? Yes No
C Disposal Area N/A
1. Location
2. Do you claim title to disposal area?
D. Fill mmcrial source if (ill Is to be trucked In Throu h sediment basins and
L. Now will excavated material be entrapped and erosion controlled? silt fences
ozers
I . I ypc of equipment to be used N/A
G. Will marshland be crossed In transporting equipment to project Site? If yes, explain
Ds r-9I
V.. Intecded (Ise of Project Area (i. title)
A. 1. Private Private driveway
7. Commercial N/A
3. 1lousing Development or Industrial N/A N/A
4. Other
1. Lot site(s)
N/A
2. Elevation of lot(s) above mean high water 4200 1
3. Soil type arid texture -
4. Type of building facilities or structures priy !-e- dwe 1 1 i Ilq
sep - 1C
5. Sewage disposal arxl/or waste water treatment A. Existing 1q/ A Planned
ft. Describe draitititild for domestic sewage located 300' away
6. 'Land Clastincatlon'(circie one) DEVELOPED TRANSITJONAL COMMUNITY RIJRAI_
CONSERVATION OtlIER /1711 (See CAMA Local Land Use i'lan Synopsis)
VI. Pertaining to rill and Water Quality:
A. Does the proposed project Involve the placement of fill materials below mean high water? Yes No X
0. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Ye!____No X
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rite of shoreline erosion (If known): N/A
Vill. List permit numbers and Issue dates of previous Department of Army Corps of Engineers or State perndts for
work IF) project area, If appllcable: N/A
IX. Length of time required to complete project; Lhree mont$s
X. In addition to the completed appllcation fort", the following Items must be provided:
A. AUach a copy of the deed (with State applicatlon only) or other instrument under which applicant
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.
9. 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 riparlan landowners by registered or
certified mail or by publication (G.S. 113.229 (d))Enter date served
D. List names and complete addresses of the riparian..landowners with property adjoining applicant's.
5-h ?inr rc have 3n t ; suhnllt crvnttrsenl, :.n :.ewde• tlst.ed bel-v
- - r-_ •__ ?; tats. -" -
=IVi l i ; am Shams, _ t t A. rzUarr-3, PoadY-r- *W At1-ant=aT--CA
Ethel Redden and Ronald Lanlning - 2985 NW Thrt-pgj A-f Dr; uo Rp nd nRE
XI. Certlficatlon requirement: I certify that to the best of my knowledge, die proposed activity complies
with the State of North Carolina's approved co;,ral management program and will be conducted in a
manner consistent with such program.
XII. Any permit Issued pursuant to tills applicatlon will allow only the development described In this appli-
rtion and plat Applicants should therefore describe In the application and plat all anticipated devel-
opment activities, Including construction, excavation, filling, and land clearing.
DATE January 14, 1_992;
Applicantf tgnature
otF•Bi
a.y. tope SEE REVERSE SIDE rOR MAILING INSTRUCTIONS
I
Mall.gnt copy to:
w
PLEASE BE SURE MAT: - Both copies are completed
- All blanks are filled In
: -- You have signed both copies
If you have any questions please call your regional field office.
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wllmington, N. C. 28402
(Note: attach Corps transmittal letter
Phone: [phone]
AND
Mall one copy to your regional field office as Indicated on the map below:
Cat
West of C11owan River and south of Pamlico River/ /Hertford
(nuuding southern half of Beaufort County.
Coastal M4n29ernent Field Services I
1502 N. Market Street
Washington, NC 27889 \
919/946-6481 ?-•
t?7

i
East of Chowan River and north of Albemarle
to Virginia border, Including northem bare C
nd outer banks to Ocracoke Inlet.
Coastal Management Field Services
108 S. Water Street
Elizabeth City, NC 27900
919038-0206
Tyrrell
? Nrde
Perxfor
1 /A
C Gwen
\`??•? (Parntko
?O tow Yom!t?t'?
South of Pamlico River and Beaufort County to
New River Including butler Islands from Ocracoke
Inlet to north of New River Inlet.
Coastal Management Field Services
P. O. Box 769
Morehead City, NC 28557
9191733.2160 or 726-7021
"Now w South of New River Inlet to South Carolina border.
Coastal Management Field Services
•( 7225 Wrightsville Avenue
\ Wllmington, NC 28403
'? 9191256-4161
V.. (nterded Use of Project Area (I ribe)

A. i. Priyate Private driveway
7. Commercial N/A -
3. Housing Development or Industrial ?A
4. Other
1. Lot site(s)
N/A
2. Elevation of lol(s) above mean high water
3. Soil type and texture
4200 4--
4. 1 ype of building facilities or structures private-dwelling
5. Sewage disposal aril/or waste water treatment A. Existing Planned sep _ is
f1. Describe draiiifibld for domestic sewage located 300' away
6. Land Classiflcation'(circle one) DEVELOPED IRANSITJONAL COMMUNITY RURAL
CONSERVATION OTIIER N 111 (See CAMA Local Land Use Ilan Synopsis)
VI. Pertaining to rill and Water Quality:
A. Does the proposed project Involve the placensent of fill materials below mean high water? Yes No x
0. 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
Type of discharge N/A
Location of discharge N/A
VII. Present rate of shorellne erosion (if known):
N/A
VIII. List pernot numbers and Issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, If applicable: N/A
IX. Length of time required to complete project: three months
X. (n 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
claims title to the affected property. OR If applicant Is not claiming to be (lie owner of said property,
then forward a copy of the deed or other Instrument under which the owner claims title plus written
permission from (lie 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 cbples 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
D. List names and complete addresses of the riparian.landownerf with property adjoining applicant's.
S,h n.un?rs luve 3n to, su)sn?it cnmrnenrs '.a ;?en- ilVrd bet^w
_.:W-i l -11 am Shaw _ 71 1 r nr,dautLirxT @ a' -A114 += l1t onta??E; ?-
Etliel Hedden and Ronald LaUning 2,985 NW ThrPPS;AfRr-, hrixte Rpnrl nRV
XI. Certiflcatlon requirement: I certify that to the best of my knowledge, the proposed activity complies
with die State of North Carolina's approved costal management program and will be conducted in a
manner consistent with such program.
XII. Any permit Issued pursuant to this application will allow only the development described In Oils appll-
rtion and plat- Applicants should therefore describe In the application and plat all anticipated devel•
opment activities, Including construction, excavation, filling, and land clearing.
DATE _ January 14, 1-992,,

plicant,
ture
.Q- K
Rey. 10f11 SEE REVERSE SIDE rOR MAILING INSTRUCTIONS
ev.
94
12! ROAD
PROPOSED GRADE (TYP.)
2 HORIZ. I VERT.
92
90
88
86
I
0+30
PROPOS?O A2
IE (IN) = 88.75
EXISTING GRADE (TYP.)
(la STA. T+05
IE (OUT) = 86.50
I I I I I I
0+20 0+10 0+00 0+10 0+20 0+30
CROSS - SECTION
ROAD DESIGN
TO SERVE
THE BENZ PROPERTY
SCALE: HORIZ. I'?- 10' JANUARY 20, 1992
VERT. I'1= 21
Cranston, Robertson be Whitehurst, P.C.
462 t A 69RE ET 12 d1E3W 9"m
44 P. 0. DRAWER 2546 P. 0. Sox 450
N)WVA, WORM 3000I CASIMERS. NORRt CNIOLm 26717
ENdNEERS - FUNNM - SURKY0"
SHEET 2 OF 2
91 - 455
INITED STATES HIGHLANDS QUADRANGLE
EE VALI •EY AUTHORITY NORTH CAROLINA-OEOROIA ??P\0°?
'ING SERV 'CES BRANCH 7.5 MINUTE SERIES (TOPOGRAPHIC) 176-SW
Ilk' f 760.000 FEET 1 t 305 )06
??
q14 N 16.NW1 701 702 10, 703 704
lG 35'07'30
\ l/ ?1 /l l \
' '? --1 i!,,.,•__.i / . C - 11 ( I i, ?-J .? ?. ? ? ,/ ?
I!Unt?l(1" / I i ?? tip' V t7 ) °e (U \,\
i0k i? _ , 1 1
'%F I
A,,O?
? W-1
J. CRAIG CRANSTON, P.E.
THOMAS H. ROBERTSON, P.E.
E LI)RIDGE A. WHITEHURST, JR., P.E.
Cranston, Robertson & Whitehurst, P.C.
ENGINEERS PLANNERS SURVEYORS
NO. 12 CHESTNUT SQUARE. POST OFFICE BOX 4,50 CASHIERS. NORTH CAROLINA 28717
TELF,PHONE [phone]N50
TELF.COPIER [phone]
Mr. Eric Galamb
NC EHNR
512 North Salisbury Street
Raleigh, NC 27604
June 16, 1992
RE: Our File No. 91-455 Entrance Road to serve Benz Property
Dear Mr. Galamb:
L. HOLMAN WATERS, JR., P.E., R.L.S.
I have received your letter of June 4, 1992 referencing the 401 water quality
certification for Corps of Engineers project number 199201755. I am enclosing seven copies
of the Corps of Engineers application, as well as the actual permit from the Corps of
Engineers. I had just received this actual permit as it was sent to the only to the owner.
We request that you expedite this 401 water quality certification for this project as soon as
possible. The Corps of Engineers permit was for a very simple road crossing. The road will
be utilized as a single family driveway and all applicable erosion control measures will be
taken to insure that the water quality is maintained. During this process, in speaking with
the Corps of Engineers, I was under the impression that they would forward the information
to your office; however, since that time they have sent us new forms and we now understand
that it is the owner's responsibility to obtain the 401 certification. We have utilized the old
form. I trust that it will be acceptable for your use.
Please do not hesitate to call should you have any questions or comments. Thank
you in advance for your cooperation and prompt review.
Sincerely,
CRANSTON, ROBERTSON AND WHITEHURST, P.C.
L. Holman Waters Jr., P.E.
LHW/sbm

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. 801 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
May 7, 1992
)
Action ID. 199201755, Nationwide Permit No. 1 (1
Mr. Richard S. Benz
Route 2, Box 156
Highlands, North Carolina 28741
Dear Mr. Benz:
JW ? 9 Wz
ad Cho)
Reference your January 14, 1992 application for Department of the Army
authorization to install a metal culvert for road construction across an
unnamed tributary to Norton Mill Creek in the Whiteside Cove Community,
Jackson County, North Carolina. This project has been coordinated with the
N.C. Wildlife Resources Commission (WRC).
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;
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.
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
natJonwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
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. NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. Tf during
the 2 years, the NWP 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 NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP'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. ne Wrig t
Chie , 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
Mr. 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
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat; might
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be affected or is in the vicinity he of tike thatlthetrequirem?nts°of
the activity until notified by
the Endangered Species Act have been satisfied and that the activity is
e location of
authorized. Information
can be obtained from th
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the trgepermitteepmust notifyhtherDistrict of
33 CFR 325, Appendix C. The prospective ties listed,
Engineer if the authorized activity may affect any historic proper
determined to be eligible,'br which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence
Office historic
theeNationalcRegistertofnHistorictPlacest(see
Historic Preservation
33 CFR 330.4(8)).
13. Notification (for fills in special aquatic sites, including wetlands).
a. Where required by the terms of the NWP, the prospective permittee
must notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
ipt
Engineerno'stirecceefrom
has District
(3) Unless 30 days have passed from the
of the notification and the prospective permit
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
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(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
Intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally
listed (or proposed for listing) endangered or threatened species or critical-
habitat in the permit area that may be affected by the proposed project; and
any available information provided by those agencies. (The prospective
permittee may contact Corps District Offices for USFWS/NMFS agency contacts
and list of critical habitat.)
(b) The S11PO regarding the presence of any historic properties
in the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
1.4. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
_(}_.
xpected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
20. Adverse Impacts from Impoundments. 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 shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected Areas returned to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CPR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
1. All crossings must be from high ground to high ground.
2. Bulkhead and riprap structure alignments will not extend farther than an
average distance of 2 feet waterward or a maximum distance of 5 feet from the
mean high water elevation contour in tidal areas or from the normal water line
elevation contour in nontidal areas.
3. All backfill material will be obtained from an upland source and confined
landward of the bulkhead or riprap structure.
4. Bulkheads and riprap structures must be impervious through structural
tightness or the use of a suitable filter cloth and in place before discharge
of backfill material.
-5-
5. No excavation is permitted by this "J eneral permit except for that required
for installation of the bulkhead<wall, deadmen, cables, etc.
6. This permit is not applicable to any work on Atlantic ocean beaches.
7. All fill material authorized by this permit must be obtained form an
upland source.
8. Bridging is required in areas designated as anadromous fish spawning areas
by the North Carolina Division of Marine Fisheries or the North Carolina
Wildlife Resources Commission in order to allow the continued use of upstream
waters for spawning. Use of culverts in these situations is not allowed.
STATE CONSISTENCY CONDITIONS
1. Under this permit, all crossings must be from highground to highground.
2. Under this permit, the roadway width shall be minimized as much as
practicable and that no practicable alternative exists.
3. All fill material authorized by this permit must be obtained from an
upland source.
4. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout.waters).
5. Under this permit, bridging is required in areas designated as anadromous
fish spawning areas by the North Carolina Division of Marine Fisheries or the
North Carolina Wildlife Resources Commission in order to allow the continued
use of upstream waters for spawning. Use of culverts in these situations is
not authorized under this permit.
6. The applicant must receive written concurrence from the North Carolina
Division of Environmental Management that the proposal is certified under the
Section 401 Water Quality Certification Program.
7. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management that the activity is consistent with the North Carolina
Coastal Management Program.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 7, 1992
Regulatory Branch

-6-
GENERAL CERTIF'I?ATION CONDITIONS
1. Proposed fill or substantial modification under this General Certification
requires written concurrence from the North Carolina Division of Environmental
Management.
2. If written concurrence is not issued by the North Carolina Division of
Environmental Management within 45 days from receipt of a complete application
by the Division's Section 401 Certification Office in Raleigh, then Section
401 Certification is waived for this Nationwide Permit unless additional
Information is requested in writing by the Director.
3. 'T'ile width of the fill is limited to the minimum needed for the actual
crossing.
4. Tile roadway width shall be minimized as much as practicable and that no
practicable alternative exists.
5. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and teservoirs and 10 NTU's in trout waters).
6. Measures shall be taken to prevent live or fresh concrete from coining into
contact with waters of the State until the concrete has hardened.
7. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
8. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.

V
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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.
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 NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP 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 NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP'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
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,,Qiiality Section
Div?kgion of Environmental Management
N,;Vrth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
a.w RNY
N e,
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
13 0k ( j &
S / rJ C
? , OY2
T- z
2 Y74-
George T. Everett, Ph.D.
Director
Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION _
c County, COE Project #
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. t
cc: DEM Regional Office
Mr. John R. Dorney
REGIONAL. OF[--I(-FS
Asheville Fayetteville Mooresville Raleigh Washint,Kon Wilmington Winston-Salem
704251-6208 919/480-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. 13ox 29535, Raleigh, North Carolina 27626-0535 lelephonc 919-733-701.5
An Equal Oprx,,w,mv Affimian e Action Employer