19920288 Ver 1_COMPLETE FILE_19920101

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George -T: Everett, Ph.D.
William W. Cobey, Jr., Secretary June 8, 1992 Director
Mr. Mark L. Meech
RUST International Corporation
Meadow Brook Corporate Park
100 Corporate Parkway
P.O. Box 101
Birmingham, AL 35201-0101
Dear Mr. Meech:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Commercial development
Randolph County
DEM Project #92288, COE Project #199202072
Upon review of your request for Water Quality Certification
to place fill material in 0.26 acres of wetlands for
commercial fill located at Timken Company site near US Highway
311 in Randolph County, we have determined that the proposed fill
can be covered by General Water Quality Certification No. 2671
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. 26.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
?D'Y
rge T. Everett
GTE: JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFII(TS
Al hcvillc Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
7()4/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/39539(X) 919/896-71707
Pollution Prevention Pays
P.O. l3ox 29535, Raleigh, North Carolina 27626-{)535 Telephone [phone]
An I qu.J ()prw mna, \mr-m- &i-n I mph)?2r

May 29, 1992
RUST
International
Corporation
RUST AND QUALITY-A Company and.a Commitment sM
Water Quality Planning
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
Attention: Mr. John Dorney
Dear Mr. Dorney,
o r? LO
As agents for the Timken Company, RUST International Corporation of Birmingham,
Alabama, requested that Mr. John Thomas of the Army Corps of Engineers walk a proposed site
which Timken intends to use for a facility they wish to build in Ashboro, North Carolina. Since
a portion of the property appeared to reveal characteristics typical of wetlands, we requested that
Mr. Thomas review the site and make a determination as to the regulatory requirements which
RUST and Timken would have to comply with. Mr. Thomas walked the site last week and
determined that there were 0.26 acres of jurisdictional wetlands. Based on this amount of
wetland area, Mr. Thomas sent us, a letter, enclosed as Attachment A, stating that we are not
required to address the Section 404 requirements on the site. Mr. Thomas suggested that we
also contact your office regarding Section 401 requirements as they would pertain to this site.
We believe that we are covered under General Permit 26 because less that 1/3 of an acre of
wetland has been impacted. Based on Mr. Thomas' decision and the requirements of the State
Water Quality Certification Program, we would like to request from you your written
concurrence with such determination.
We appreciate your time and consideration. If you have any further questions please feel
free to contact me at 205/995-7224.
Respectfully,
RUST International Corporation

Mark L. Meech
Staff Environmental Engineer
Enclosure
cc: Larry Keeney, RUST
Mike Leach, Timken
Jim Morton, Timken
?G?e?orgeyTubb, RUST
Meadow BroQk? rp?a ei?arKe,%0 Corporate Parkway • P. O. Box 101 • Birmingham, Alabama 35201-0"3011
Telephone [phone] • Telex 59-6158 9 FAX [phone]
fir Med fxt I' c c ed Papcr

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 19 , 1992
Regulatory Branch
CESAW-C092-J-076, Nationwide Permit No. 26
Action ID. 199202072
The Timken Company
C/0 Mr. Larry Yearly
1835 Duebner Avenue
Canton, Ohio 44706-2798
Dear Mr. Yearly:
Please reference the the site visit of May 6, 1992, conducted by Mr. John
Thomas of my staff at the proposed Timken Company facility site located off of
U.S. Highway 311 adjacent to an unnamed tributary of Back Creek, Randleman,
Randolph County, North Carolina. The purpose of the site visit was to review
provided plans for the aforementioned project, and to inspect the site for
wetlands subject to Department of the Army permitting authority.
The meeting revealed that the proposed site is located adjacent to, and
above the headwaters of, an unnamed tributary to Back Creek. The review of
the proposed development plans provided by Mr. Mark Meech of the Rust
International Corporation (engineering consultant for site) indicates that
construction of the facility (to include sediment basin, fill for parking lot,
storm retention pond, and fire control pond) will involve adverse modification
to 11,200 square feet (0.26 acre) of wetlands on the aforementioned tributary.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.

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Your proposed work, involving adverse modification to less than an acre
(0.26 acre) of waters of the United States located above the headwaters of the
aforementioned tributary, is authorized by nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. Please be
aware that this authorization does not relieve you of the responsibility to
obtain any other required or local approval. You should contact Mr. John
Dorney, North Carolina Division of Environmental Management, [phone],
to obtain the necessary Section 401, Water Quality Certification prior to
starting work.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Please be reminded that no excavated or fill materials may be placed in
any waters or wetland areas without prior Federal permit authorization. This
letter of authorization does not include Permitting for impacts to the
existing Pond on the Property as the provided plan should no impacts to the
aforementioned pond. Please contact this office for any future proposed
impacts in any water or wetland areas subject to Department of the Army
permitting authority.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone
[phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished (with enclosure):
Mr. W e Corbin
Rus International Corporation
C Mr. Mark Meech
00 Corporate Parkway
Birmingham, Alabama 35242
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
Regional Office Manager
North Carolina Department of Environment,
Health, and Natural Resources
8025 North Point Boulevard
Winston-Salem, North Carolina 27106

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 Systems 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 O.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
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the O.S. Fish and Wildlife Service and National Marine
Fisheries Service.
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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 District Engineer has complied with the provisions of
33 CFA 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or 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 of historic resources can be obtained from the state
Historic Preservation Office and the National Register of Historic Places (see
33 CPR 330.4(8)).
13. Notification.
a. Where required by the terms of the MVP, 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
(3) Unless 30 days have passed from the District Engineer's receipt of
the notification and the prospective permittee has not received notice from
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 CPR 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;
(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 causes any
other MVP(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
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(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 SHPO 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.
14. 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
expected 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.
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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 CFR 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 fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock and domestic animal waste treatment
facilities is not allowed.
STATE CONSISTENCY CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. 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).
4. Proposed fill of greater than one acre In SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
5. For activities resulting in the loss of waters of the United States
greater than 113 of an acre, 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.

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6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result In the loss of waters of the United States greater than
113 of an acre, 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.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than one-
third of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HOW, ORW, WS-I and
WS-ZI watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
4. 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 reservoirs and 10 NTU's In trout waters).
5. Additional site-specific conditions may be added to this Certification In
order to ensure compliance with all applicable water quality and effluent
standards.
6. 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.