19930631 Ver 1_COMPLETE FILE_19930726

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 14, 1993
IN REPLY REFER TO
Regulatory Branch
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1 9 1993
Action ID No. 199302908 and Nationwide Permit No. 14 (Road Crossing)
Mr. Ethan Lemson
221 Roberts Lane
Lenoir, North Carolina 28645
Dear Mr. Lemson:
Reference your application of May 6, 1993, for Department of the Army (DA)
authorization to install a.4-foot diameter culvert and construct an
approximately 20-foot-wide road crossing over an unnamed tributary to Merrill
Cove Creek near Asheville, Buncombe County,- North Carolina.
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).
Your work-is authorized by this NWP_provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM).- You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding water quality certification. This NWP does not relieve you of
the responsibility to obtain other 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 basis to modify,
suspend, or revoke the authorization.
.;
-2-
Questions or comments may be addressed to Mr. David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
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
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 1, 1993
Mr. Ethan Lemson
221 Roberts Lane
Lenoir, N.C. 28645
Dear Mr. Lemson:
I D EHNFi
Subject: Proposed fill in Wetlands or Waters
Road crossing
Buncombe County
DEM Project # 93631
Upon review of your request for 401 Water Quality
Certification to place fill material in 100 square feet of waters
which are tributary to Merrill Cove Creek for a road crossing
located at your property in Buncombe County as described in your
submittal dated 19 July 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 Certification. 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.
Sincerel ,
P stop Howard, P.E.
93631.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 500k recycled/ 10% post-consumer paper
July 19,1993
Mr. John Dorney
Water Quality Section
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Dorney:
JUL 2
WETLANDS GROUP
WATER QUALITY SECTION
As you requested during our phone conversation earlier today, I am
enclosing a copy of my permit letter from the Army Corps of Engineers.
This permit is for a culvert and road to be used for a residential
driveway. It crosses a small mountain stream, and would only have an impact
on the waters of the stream bed. There are no wetlands involved in this
project.
As you indicated in our conversation, I would appreciate your written
acknowledgement that no approval or certification would be necessary from
your department for completion of this project.
Thank you for your assistance in this matter.
Sincerely.
Ethan Lemson
221 Roberts Lane
Lenoir, NC 28645
[phone]
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 14, 1993
IN KEFLY HtI'LH IU
Regulatory Branch
Action ID No. 199302908 and Nationwide Permit No. 14 (Road Crossing)
Mr. Ethan Lemson
221 Roberts Lane
Lenoir, North Carolina 28645
Dear Mr. Lemson:
Reference your application of May 6, 1993, for Department of the Army (DA)
authorization to install a 4-foot diameter culvert and construct an
approximately 20-foot-wide road crossing over an unnamed tributary to Merrill
Cove Creek near Asheville, Buncombe County, North Carolina.
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).
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding water quality certification. This NWP does not relieve you of
the responsibility to obtain other 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 basis to modify,
suspend, or revoke the authorization.

-2-
Questions or comments may be addressed to Mr. David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wrig
"hie , Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
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
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