19930697 Ver 1_COMPLETE FILE_19930823

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 20, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199304386 and Nationwide Permit No. 14 (Road Crossing)
Ms. Phyllis Hooper
Route 2, Box 52
Zionville, North Carolina 28698
Dear Ms. Hooper:
Ii G
Reference is made to your request of August 12, 1993, requesting
Department of the Army permit authorization for the placement of fill material
into an unnamed tributary of Brush Fork Creek in association with the
construction of a road access to your property located off SR 1302, Green
Valley, Ashe County, North Carolina. Reference is also made to the site visit
conducted on September 1, 1993, by Mr. John Thomas of the Raleigh Regulatory
staff at the aforementioned site. The purpose-of the site visit was to review
plans for aroad access project and to inspect the site for waters and wetlands
subject to Department of the -army permitting authority.
The review of the proposed plans indicates that the construction of the
access road will involve a single crossing of an unnamed tributary to Brush
Fork Creek. The site visit revealed that the road crossing access had been
completed adjacent the aforementioned tributary and that the crossing impacts
waters of the United States and did not include any impacts to special aquatic
sites. It was noted that the you have installed silt fences and seeded the
bare soil road shoulders.
Final reference is made to Mr. Joe Mickey's letter of August 13, 1993, in
which the North Carolina Wildlife Resources Commission expressed no objections
to the planned road improvements provided that:
a. No heavy equipment is operated in the live streams in order to
minimize sedimentation and prevent introduction of other pollutants.
b. Erosion control measures should be implemented where soil is disturbed
and maintained until project completion.
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 (NWP).
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:

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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 high flows 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.
Special conditions of this permit state that before discharging dredged
or fill material into waters of the United States. occurring within the
twenty-five mountain counties of North Carolina that contain trout waters, the
applicant will obtain a letter of approval from the North Carolina Wildlife
Resource Commission. Review of the information you have provided, and the
comments submitted by the North Carolina Wildlife Resources Commission,
reveals that your proposed work of a minor road crossing on the aforementioned
creek,. is authorized by NWP provided it is accomplished in strict accordance
with the enclosed conditions and the recommendations set forth by the Wildlife
Resources Commission. This NWP 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, 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 base to modify, suspend or
revoke the authorization.

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Please be reminded that any future discharges of dredged or fill materials
in water or wetlands of the United States must receive the prior approval of
this office in the form of a Department of the Army permit.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, telephone [phone].
Sincerely,
G. Wayne Wright-
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Dr. Charles Bruton
North Carolina Department of
Transportation
Planning and Research Branch
Post Office Box 25201
Raleigh, North Carolina 27611
Mr. Doug Miller
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Mr. Dennis Stewart
Habitat Conservation
North Carolina Wildlife Resources
Commission
512 North Salisbury Street
Raleigh, North Carolina 27611
Mr. John Parker
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
M 3K John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Regional Office Manager
North Carolina Department of Environment,
Health and Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Mr. Joe Mickey, Jr.
Division of Boating & Inland
Fisheries
Route 2, Box 278
State Road, North Carolina 28676
A <. 1
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Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, telephone [phone].
Enclosure
Copies Furnished (without enclosure):
MUSE FILE: JTHOOPER9
Sincerely, CESAW-CO-ER/THOMAS/lk
CESAW-CO-E/WINEFORDNER
CESAW-CO-E/WRIGHT
MAIL
CESAW-CO-E/FILES.
G. Wayne Wright
Chief, Regulatory Branch
Mr. John Parker Mr. Dennis Stewart
North Carolina Department of Habitat Conservation
Environment, Health and North Carolina Wildlife Resources
Natural Resources Commission
Post Office Box 27687 512 North Salisbury Street
Raleigh, North Carolina 27611-7687 Raleigh, North Carolina 27611
rTohn Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Joe Mickey, Jr.
Division of Boating & Inland Fisheries
Route 2, Box 278
State Road, North Carolina 28676
Regional Office Manager
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Winston-Salem, North Carolina 27106
State of North Carolina
Department of Environment, AIF
Health and Natural Resources •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
E H N
A. Preston Howard, Jr., P.E., Director
August 27, 1993
Ms. Phyllis Hooper
Rt. 2 Box 52
Zionville, N.C. 28698
Dear Ms. Hooper:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Ashe County
DEM Project # 93697
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.11 acres of wetlands or waters which are
tributary to Brush Fork Creek for road crossing located at SR 1303 in
Ashe County as described in your submittal dated 18 August 1993, 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.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this,Certificati:on. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
reston Howard r. P.E.
93697.1tr
Attachment
cc: Wilmington District C rps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
'2-05-97 08: jl AM '0 ASHVILLc-
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)I- NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROP03ED PROJECT!
FILLED: > c7«o1
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED s o.ii
Fo(Z A
12. DESCRIPTION OF PROPOSED WORT( (ATTACH PLANS): ,fib RV ? f'-,gDi1V
i ti76 t-+e u 5E -" 1'7- ? n 11, ,11:7-p-r : /w.- v--a , , 7 7 ,
c:virlr?UGr ??EK• -
13. PURFOSE OF PROPOSED WORK: 'T-0 r' Af Z9 4-1-) t,
D u5E s r`TE
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. :.Ilya RC --F `T ? l L RILE t N WeTLPrtJD?
' 15. YOU ARE REOUIRS"D TO CONTACT THE U.S. FISH AND WILDLIFE 3IIRV.1C1
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY :CDERALLY LISTED OR PROPOSED FOR L-!STING ENDANGERED OR THREATENED
SVKCIIS OR CRITICAL HABITAT IN THE PERMIT AREA THAT `1A. DE AFFECTED BY THE,
PROPOSED PROJECT. HAVR YOU DONE $04 YES
RESPONSES FROM THE USFWS AND/OR WS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTrJRIC PROPERTIES Is THE PERMIT AMA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE 907 YES I I NO (A)
RCiPONSE FROM THE 3HPO IN01ILD BE ATTACHED.
17. ADDIT*ONAL TNFORMATION REQUIRED BY DEM!
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IP AVAILABLE, REPRESENTAT VE YN(7 UURAPH OE WETLANDS TO DC IMPACTED BY
PROJECT.
C. It DELINEATION WAS PERFORMED BY A CONSULTANT? INCLUDE ALL VATA SHEETS
RELEVANT rU THE PLACEMENT OF THE DELINEATION LIVE.
U. IF A STORMWATER MANACCNENT PLAN 13 REOUIRED FOR THIS P110JECT, ATTACK
COPY.
E. WHAT IS LAND USi OF SURROUNDING PNUPERTY7 r-ACzms /?G?12tCULTNZAL
F. IF APPLICABLE, WHAT IS PROPOSED .4E:HOD Of SEWAGE DISPOSAL?
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