19930525 Ver 1_COMPLETE FILE_19930621

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State of North Carolina
'.Department of Environment, Health., and Natural Resources `
Division of Environmental Management
512 Noah Salisbury Street • Raleigh, North Carolina 27604
James G. A-Iartin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary ?4 2-Acting Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
?aoo County, COE Project # M1-3 o/ V61-7
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.
Your road crossing (Nationwide Permit # 14) requires written concurrence from
DEM. Therefore, 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. 44 ,t
cc: / _ DEM Regional Qgig?,?.A.Lom
crs
Ashevil!Mr. JohMaRe t[)Orcney 1,iooresville Raleigh Washington Wilmington tiYinston-S ale in
704/251-6208 919%486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, Noah Carolina 27626-0535. Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS D I
P.O. BOX 1890 ?Q`? I
WILMINGTON, NORTH CAROLINA 28402-1890 FM 3 01993
IN REPLY REFER TO March 16, 1993
Regulatory Branch
Action ID. 199301467 and Nationwide Permit No. 14 (Road Crossing)
Mr. Kenneth M. Boyd
29 Hunters Lane
Hendersonville, North Carolina 28739
Dear Mr. Boyd:
Reference your February 13, 1993 application for Department of the Army
authorization to construct a culverted road crossing over a roadside ditch
located at the intersection of S.R. 1325 and S.R. 1321, near Etowah, in
Henderson County, North Carolina. The road to be constructed (20 feet wide by
90 feet long) and an associated storage building to be constructed will be
located on high ground, outside the wetlands on the property (the Franklin
Bog). The roadside ditch to be culverted drains into Blythe Mill Creek. This
project has been coordinated with the N.C. Wildlife Resources Commission
(WRC).
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:
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 one-third 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
i Z.
-2-
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and with those conditions outlined in
the February 25, 1993 WRC letter, which you have received. This NWP does not
relieve you of the responsibility to obtain any required State or local
approval. It is recommended that you contact Mr. John Dorney of the State of
North Carolina, at telephone [phone], to insure that you have complied
with state water quality certification requirements.
This verification will be valid for 2 years from the date of this letter
unless the NWP 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.
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 Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
N.C. Wildlife Resources Commission
Mr. Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786
-3-
State of North Carolina
Department of Environment,
Health and Natural Resources &14 Division of Environmental Management
James B. Hunt, Jr., Governor C
Jonathan B. Howes, Secretary E C H N F1
A. Preston Howard, Jr., P.E., Director
June 23, 1993
Mr. Kenneth Murphy Boyd
29 Hunters Lane
Hendersonville, N.C. 28739
Dear Mr. Boyd:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Henderson County
DEM Project # 93525, COE # 199301467
Upon review of your request for 401 Water Quality Certification to place fill material in waters
which are tributary to Blythe Mill for road crossing located at SR 1321 & SR 1325 in Henderson County
as described in your submittal dated 15 June 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.
Sincerely,
je?? 4Psto oward, J . P.E.
93525.Itr
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 50% recycled/ 10% post-consumer paper

4/0 e/
DEM ID: `J ACTION ID: Z P / 3o /4*-/-'
Nationwide Permit Requested (Provide Nationwide Permit #): L14 ;'y AG ©E
JOINT FORM FOR 401 ISSUED
Nationwide permits that require notification to the Corps of Engine(
Nationwide permits that require application for Section 401 C-9ZOW10
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT
NC DEPARTMENT OF ENVIR(
AND NATURAL RESOURCES
P.O. Bo7.29535 -
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]

ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PT RA QR PR TNT
1. Owners Name:
2. Owners Adds;
3. Owners Phone Number (Home): (5' Yt -YJe 3 we&): E Yl ^ lO ff
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County.*,
Specific Location
6.
7.
8.
Name of Closest Stream/River.. z-Yx)Vt? /T12 «-z-
River Basin:
Is this project located in a watershed classified as Trout, SA, HQW, ORA WS I, or WS H? YES [ ] NOX]
9. Have any Section 404 permits been previously requested for use on this property? YES K NO [ ]
If yes, explain?I•?PL ?& MW 3 -16'93 eQS?&nn$ G
/1/4iUE
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: _
Drained: _
Flooded: _
Excavated:
Total Impa
Nearest Town or City: EZ 010J49
° U
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings onlY)?,4aAcj( o 44roa1-P
13. Purpose of proposed work:
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. C yL ViseT "/A R e*?VeW b1T?,-4 &Y i2o,91S sm E OnlLS/
You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or 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. Have you done so? YES [ ] NO KI
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?
04A
wner's Signature Date

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