19930551 Ver 1_COMPLETE FILE_19930628

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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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary 251f 3 Acting Director
x 71-4
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Dear Sir or Madam:
SUBJECT; 40 WATER QUALITY CERTIFICATION
J?W County, COE Project # Ifl-3D/g©o
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.14
cc: DEM Regional ?1rrALOICEs
AshevillMr. JohJla :t0brcney (Mooresville Raleigh Washington Wilmin ton Winston-Salem
704/251-6208 919/486-1541 7 04/663 -1699 919/571-4700 919/946-6481 919x95-3900 9 19/896 -7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affi marive Action Employer
7 7,,N
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS rf?
P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890
IN REPLY REFER TO
April 28, 1993
Regulatory Branch
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MAY -
5
Action ID. 199301800 and Nationwide Permit No. 14 (Road Crossing)
Mr. David L. Brooks
Route 1, Box 71-A
Whittier, North Carolina 28789
Dear Mr. Brooks:
Reference your March 21, 1993 application for Department of the Army
authorization to replace a deteriorated bridge over the Middle Prong of
Barkers Creek with a culverted crossing at your property off of SR 1394 near
Dillsboro, Jackson County, North Carolina. Barkers Creek is a tributary to
the Tuckaseigee River which is a Designated Public Mountain Trout Water. This
project has been coordinated with the NC 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.
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
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 nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached April 12, 1993 WRC letter. This nationwide permit
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 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.
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
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Wr/John Dorney
of Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
27611-7687 Natural Resources
Post Office Box 29535
Raleigh, North Carolina
Management
of
27626-0535

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
June 30, 1993
David L. Brooks
Rt. 1 Box 71A
Whittier, N.C. 28789
Dear Mr. Brooks:
Subject: Proposed fill in Wetlands or Waters
Road crossing for residential lot
Jackson County
DEM Project # 93551
AIF.R;WA?EHNR
Upon review of your request for 401 Water Quality Certification to place fill material in
150 square feet of wetlands or waters which are tributary to Middle Fork of Barkers Creek for
road crossing located at SR 1394 in Jackson County as described in your submittal dated 25
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,
reston Howard, Jr. P..
93551.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
t DEM ID: ACTION ID:
} ~ Nationwide Permit Requested (Provide Nationwide Permit #): /G.
JOINT FORM FOR NQN \.7
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
A=: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIROND
AND NATURAL RESOURCES
P.O. Boy. 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT. ?.
1. Owners Name:
2. Owners Addres
3. Owners Phone Number (Home): 6 `/ Y R' 7 - 2 7 9 F (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
JUN 2 51993
r
5. Location of work (MUST ATTACH MAP). County: . ) C- ?\-s 6
Nearest Town or City: 4 ! y 4
Speck Location (Include road numbers, landmarks, etc.): 5-v- le s we s) 2 S`ika vi` /y`//
?4( T,Ur0to ZaR/c e,< 5- Reek Xal /?3?12 6?y l S? ter, /zs T4c'.v
)?,ta,..s / Cjee tc- Rc? '?/ 3 9Y o • Z 112!4 ? cV /c>Al
o! X70% d R5 ¢ ac g6x,S" CRee,/-
66. Name of Closest Stream/River: ,wig ?? Cie e e ,?
7. River Basin: ::F f
L e
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [x]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wettllands, located on project site:
.5 I/
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: C 5 5 t?
Drained: _
Flooded: _
Excavated:
Total Impai
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12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Ree m
elf .. C? Cu C.IJ %,'v 4. L.s a?. i (T
13. Purpose of proposed work: 16 s 0a /g r c- d d 26(e- LR. ee -t LJ
C u( v r aL.F/ i-Ar3n. 44?, ?e-- w a-Z 40 .
14. State reasons why the applicant believes that this activity must be carped out in wetlands. Also, note measures
taken to.minimizeV64iiid impacts. iU d 0 15. You areequired to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) t6garding 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 [ ]
RESPONSES FROh!I`M USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. 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:
Wetland nation maps owing all weans, streams, and 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? fl I -C EV_ 6 6 Le w
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Owner's Signature Date
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