19920032 Ver 1_COMPLETE FILE_19920101

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
Mr. Charles Linger_felt,
Post Office Box 492
Tryon, North Carolina
Dear Mr.. Lingerfelt:
March 13, 1992
III
28742
George T Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Fct,
Proposed retention of fill for check dam and additional
fill for intake structure
Project # 92032, COE# 19920046
Polk County
Attached hereto is a copy of Certification No. 2704 issued
to Charles Lingerfelt, III dated March 13, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
e rge T. Everett
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
R[G10NAL OFFI(:FS
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-47(X) 919/946-6481 919/395-3900 912/896-7(X)7
Pollution Prevention Pays
P.O. Box 29535, Roleigh, North Carolina 27626-0535 lclcphonc 919-733-7015
An l qual Opp n um n' Alhrm,ma - u-m h.r pl-"
s - It
NORTH CAROLINA
Polk 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 Charles Lingerfelt pursuant to an application filed on the
5 day of February, 1992 to retain fill for a dam and additional
fill for intake structure at his property off Collinsville Road,
near Landrum, South Carolina.
The,Application provides adequate assurance that the
discharge of fill material into the waters of Hooper Creek in
conjunction with the proposed dam and intake structure in Polk
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. Wet or live concrete shall not come into contact
with Hooper Creek until the concrete has hardened.
3. Permanent flow shall be maintained in Hooper Creek
below the spillway to ensure aquatic life
survival.
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.

Certification continued
This 13 day of March, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Q OL Do(
eo ge T. Everett, Dir ctor
WQC# 2704 v
L
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1X/4
Action ID. 199200466
PUBLIC NOTICE

January's; 19
CHARLES C. LINGERFELT III, POST OFFICE BOX 492, TRYON, e, OLINA
28782 has applied for an after-the-fact Department of the Army (DA) permit TO
RETAIN FILL MATERIAL DISCHARGED INTO HOOPER CREEK FOR A CHECK DAM AS WELL AS
TO DISCHARGE ADDITIONAL MATERIAL FOR AN INTAKE STRUCTURE AT HIS PROPERTY
LOCATED OFF COLLINSVILLE ROAD JUST NORTHEAST OF LANDRUM, SOUTH CAROLINA in
Polk County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant's agent and from observations made during an onsite visit by
representatives of the Corps of Engineers. Plans submitted with the
application show the discharge of approximately 18 cubic yards of fill,
consisting of shot rock, on-site boulders, and creek gravel, within a
12-foot long, 10-foot-wide by 4-foot-high check dam. The proposed intake dam,
located approximately 700 feet upstream, is to consist of 2.5 cubic yards of
existing creek rock within a 15-foot-long, 3-foot-wide by 18-inch-high area.
The intake dam is to raise the creek level to supply an existing pool and pond
before returning to Hooper Creek. The downstream check dam was constructed to
create a whitewater effect and to create an area for fish stocking near the
applicant's future homesite. An existing dam/intake structure, upstream of
the check dam, is to be completely removed from the creekbed upon approval of
the requested intake structure. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
r
-2-
comment period-specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
-3-
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the DEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DA permit
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, DEM,
Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of
reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after February 7, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the DEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before February 3,
1992, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: David Baker, until 4:15 p.m., February 14,
1992, or telephone [phone].
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
March 27,
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
MAR 3 01992
bey, Jr., Secretary
In keeping with your request, this office has circulated to interested
state review agencies N. C. Army Corps of Engineers Public Notice Action ID.
199200466 dated January 16, 1992 which describes a project carried out by
Charles C. Lingerfelt, III of Tryon. The activity, involving a check dam
construction with intake structure still to be completed, is located on Hooper
Creek, off of Highway 14, in Polk County.
During the course of the state review, only two agencies returned written
comments. These comments will allow the state to interpose no objection.
However, the Wildlife Commission expressed strong concern about impacts to
date. Agency comments follow:
Division of Environmental Management - issued the required Section
401 Water Quality Certification No. 2704, on March 13, 1992. The
Certification provides important environmental safeguards concerning
the use of wet concrete and sustained flows;
Wildlife Resources Commission - will not object provided the following
modifications are implemented by the applicant:
1) Concrete should not be used to construct the new intake
structure, and it does not appear from the public notice
that it will be used. However, given that the existing
dam/intake structure to be removed consists of concrete
and rock, we want to stress that raw concrete should never
be deposited in a stream due to its toxicity to fish. All
construction must be accomplished so that wet concrete
(if used) does not contact water entering or flowing in
Hooper Creek.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
M'.1 fi
Dr. G. Wayne Wright
Page 2
March 27, 1992
2) Heavy equipment should not be operated in the stream in
order to minimize sedimentation downstream. It appears
that the applicant can do all work from the bank without
entering the stream.
3) Residual flow in the stream below the intake must be of
sufficient magnitude to prevent destruction or serious
diminution of downstream fishery habitat. Under no con-
ditions may the entire flow of a stream be diverted to
supply fish ponds.
4) The existing dam/intake structure should be completely
removed in a timely manner.
5) Stringent erosion control measures should be implemented
where soil is disturbed and maintained until project com-
pletion.
6) Temporary ground cover should be placed on bare surfaces
as soon as construction is complete. Permanent vegetation
in these same areas must be.established within 15 days
of project completion to provide long term erosion control.
Should you require additional-input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely,
Jo R. Parker, Jr. v
Inland '404 Coordinator
JRP:jr/aw
cc: Division of Environmental Management
Wildlife Resources Commission
COE-Asheville

.0
1=
QUA"
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
January 27, 1992
MEMORANDUM
T0: Dr.' George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
Roger N. Schecter
Director
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200466
dated January 16, 1992 describing a project proposed by Charles C. Lingerfelt is
being circulated to interested state agencies for comments on applicable Section 404
and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by February 14, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
y/ Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date 3 Z?
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
.. r 1 11 n M_- n.-.t.,.. L'.. _1-,,,.
rAIV
C
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program 4mm-?,
DATE: February 17, 1992
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199200466, application for
an after-the-fact permit by Mr. Charles Lingerfelt to retain fill material
discharged into Hooper Creek for a check dam and to discharge additional
material for an intake structure at his property located off Collinsville Road,
Polk County.
The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the
information provided by the U.S. Army Corps of Engineers, and biological field staff
conducted a site visit on February 12, 1992. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.).
The applicant has discharged 18 cubic yards of fill, consisting of shot rock, on-site
boulders, and creek gravel, into Hooper Creek to construct a 12-foot long, 10-foot wide by
4-foot high check dam. The check dam was constructed to create a whitewater effect and
to create an area for fish stocking near the applicant's future homesite. The proposed
intake dam, located approximately 700 feet upstream, will consist of 2.5 cubic yards of
existing creek rock within a 15-foot long, 3-foot wide by 18-inch high area. The purpose of
the intake dam is to raise the level of the creek to supply an existing pool and pond with
water before flow returns to Hooper Creek. An existing dam/intake structure located
upstream of the check dam will be completely removed from the streambed upon approval
of the requested structure.
Hooper Creek (BRD 8) has a bankfull width of 12-15 feet and substrate of cobble,
-- gravel, and silt.- In general the stream is too small to support gamefish, although sunfish
may be present to some extent. The stream provides habitat for nongame fish such as
shiners, suckers, and chubs. Riparian vegetation consists of mostly grass and a few mixed
hardwoods. Streambanks are eroding in areas, resulting in steep banks.
The NCWRC is concerned over adverse impacts to fisheries resources of Hooper
Creek resulting from the applicant's actions. We will not object to the issuance of the
permit, provided the following modifications are implemented by the applicant:
Memo (2) February 17, 199,
1) We refer that concrete not be used to construct the new intake structure,
and it does not appear from the public notice that it will be used. However,
given that the existing dam/intake structure to be removed consists of
concrete and rock, we want to stress that raw concrete should never be
deposited in a stream due to its toxicity to fish. All construction must be
accomplished so that wet concrete (if used) does not contact water entering
or flowing in Hooper Creek.
2) Heavy equipment should not be operated in the stream in order to minimize
sedimentation downstream. It appears that the applicant can do all work
from the bank without entering the stream.
3) Residual flow in the stream below the intake must be of sufficient magnitude
to prevent destruction or serious diminution of downstream fishery habitat.
Under no conditions may the entire flow of a stream be diverted to supply
fish ponds.
4) The existing dam/intake structure should be completely removed in a timely
manner.
5) Stringent erosion control measures should be implemented where soil is
disturbed and maintained until project completion.
6) Temporary ground cover should be placed on bare surfaces as soon as
construction is complete. Permanent vegetation in these same areas. must be
established within 15 days of project completion to provide long term erosion
control. -
In addition, we suggest that the applicant plant additional shrubs and trees along the
left side of the stream looking downstream to provide additional stability to the banks and
decrease erosion and sedimentation into the stream.
Thank you for the opportunity to review and comment on this project. If we can be
of further assistance, please advise.
DIS/lp
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Micky Clemmons, District 9 Fisheries Biologist
Mr. Joffrey Brooks, District 9 Wildlife Biologist
Mr. Allen Ratzlaff, USFWS, Asheville
1,?• John Dorney, DEM
Mr. David Baker, USACOE, Asheville

Department of
State of North Caroli
Environment, Health, at
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
March 3, 1992
MEMORANDUM
TO: John Dorney
THROUGH: Forrest R. Westall
FROM: Kerry S. Becker #Jso
SUBJECT: 401 Certification for Action I.D. 199200466
Chuck Lingerfelt Polk County
The above referenced certification site was inspected March 2, 1992 to
determine whether a 401 certification should be issued for one existing
check dam and for the proposed construction of another check dam in
Hoopers Creek. The average depth of the creek is approximately 1 foot
with 3 to 4 feet high steep banks. The surrounding land consists
primarily of hardwood forest some of which that has had undergrowth
removed and replanted with grass. A portion of the land on the south
side of the creek is used as pasture land and is currently being grazed.
The existing check dam has a small channel in the top center of it
allowing the creek to overflow. There is, in addition to the center
channel, creek water overflowing the dam at one side via a natural
spillway. The two lower ponds which are fed by the creek each have pipe
stands that allow water to return to the creek approximately 150' and
200' respectively below the existing check dam. The check dam has raised
the level of the creek behind it to a depth of approximately 4 feet
resulting in the creation of a small wetlands area on the south side of
the creek.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
???tyf. 'Y VC.4((11
~ D
An Equal Opportunity Affirmative Action Employer
,P.a Two
John Dorney
March 2, 1992
The water level behind the existing check dam begins to decrease
returning to its original flow condition at approximately 600' (near the
edge of the grassed area) upstream of the check dam. The construction
near this point of a smaller check dam raising the water level from 15"
to 18" should not cause any harm to the creek or to the surrounding land.
Material taken from the banks of the creek to be used for the
construction of the smaller check dam may result in the destabilization
of those creek banks with subsequent erosion and loss of sediment to the
creek. The Asheville Regional Office recommends issuing a 401
certification for the above referenced check dams based upon two
conditions:
1. That provisions are made to ensure that enough water is allowed
to bypass or overflow the check dams to protect the aquatic life
downstream as well as any other downstream uses, and
2. That good sediment and erosion control measures such as
sediment screens, bank stabilization, and any other measures
minimizing sediment loss to the stream are implemented.
If you should have any further questions, please feel free to call me.
?'V Vc4
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
January 27, 1992
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200466
dated January 16, 1992 describing a project proposed by Charles C. Lingerfelt is
being circulated to interested state agencies for comments on applicable Section 404
and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by February 14, 19492. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199200466
January 16, 1992
PUBLIC NOTICE
CHARLES C. LINGERFELT III, POST OFFICE BOX 492, TRYON, NORTH CAROLINA
28782 has applied for an after-the-fact Department of the Army (DA) permit TO
RETAIN FILL MATERIAL DISCHARGED INTO HOOPER CREEK FOR A CHECK DAM AS WELL AS
TO DISCHARGE ADDITIONAL MATERIAL FOR AN INTAKE STRUCTURE AT HIS PROPERTY
LOCATED OFF COLLINSVILLE ROAD JUST NORTHEAST OF LANDRUM, SOUTH CAROLINA in
Polk County, North Carolina.
This public notice does not imply,
or other agencies, either favorable or
performed; but it is issued to solicit
which a final decision will be based.
the outcome of this consideration.
on the parts of the Corps of Engineers
unfavorable opinion of the work
comments on the factors listed above on
Legal action has been suspended pending
The following description of the work is taken from data provided by the
applicant's agent and from observations made during an onsite visit by
representatives of the Corps of Engineers. Plans submitted with the
application show the discharge of approximately 18 cubic yards of fill,
consisting of shot rock, on-site boulders, and creek gravel, within a
12-foot long, 10-foot-wide by 4-foot-high check dam. The proposed intake dam,
located approximately 700 feet upstream, is to consist of 2.5 cubic yards of
existing creek rock within a 15-foot-long, 3-foot-wide by 18-inch-high area.
The intake dam is to raise the creek level to supply an existing pool and pond
before returning to Hooper Creek. The downstream check dam was constructed to
create a whitewater effect and to create an area for fish stocking near the
applicant's future homesite. An existing dam/intake structure, upstream of
the check dam, is to be completely removed from the creekbed upon approval of
the requested intake structure. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
.W--

IV
-2-
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199200466
January 27,
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
Dear Mr. Dorney:
1992

Enclosed is the after-the-fact application of Charles Lingerfelt, for
Department of the Army authorization and a State Water Quality Certification
to retain fill and to discharge additional fill in Hooper creek at his
property located off Collinsville Road northeast of Landrum, South Carolina,
in Polk County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March 27, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
ZG, ne Wri t
Chief, Regulatory Branch
Enclosure