19930451 Ver 1_Complete File_19930525

State of North Carolina AM W
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management -?I
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary H N R
A. Preston Howard, Jr„ P.E., Director
June 3, 1993
Mr. Ted Penzenik
P.O. Box 468
Glenville, N.C. 28736-0468
Dear Mr. Penzenik:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Jackson County
DEM Project # 93451, COE# 199302276
Upon review of your request for 401 Water Quality Certification to place fill material in
waters which are tributary to Fisher Branch for road crossing located Hwy 107 in Jackson
County, as described in your submittal dated 5 May 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 you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
qP eston Howard, Jr
93451.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

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
May 6, 1993
OE?77"4NArER L S
Action ID. 199302276 and Nationwide Permit No. 14 (Road Crossing)
Mr. Ted Penzenik
Post office Box 468
Glenville, North Carolina 28736-0468
Dear Mr. Penzenik:
Reference your application of March 5, 1993, for Department of the Army
authorization to construct a culverted road crossing of Fisher Branch at your
property located off Highway 107 in Glenville, Jackson County, North Carolina.
The project has been reviewed by the N.C. Wildlife Resources Commission (WRC)
for potential adverse impacts to designated trout waters.
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
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
-2-
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions, and those outlined in the attached
April 26, 1993 WRC letter. This NWP does not relieve you of the
responsibility to obtain any required State or local approval. Information
regarding issuance of a Section 401 Water Quality Certification may be
obtained through John Dorney, Division of Environmental Management, at (919)
733-1786.
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
bcc: exerciccd on a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
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
N.C. Wildlife Resources Commission
Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 287b6
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
4r'- John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Management
of
27611-7687

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DEM ID: ACTION I 7? fl)
Nationwide Permit Requested (Provide Nationwide Permit #): ` '
JOINT FORM FOR
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
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
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 THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: L---
2. Owners Address: P E?)cD6 4
3. Owners Phone Number (Home): 704-14 ( `54 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: 1 4C-V-- S e3tJ
Nearest Town or City: ?x L G /y 111 Ll--G
Specific Location (Include road numbers, landmarks, etc.): r 6 C.(4 Ite
6. Name of Closest Stream/River: i -, a-t C- t1 K A LLC ri
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO '
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO J?
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
dog ?--
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:

Excavated:
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
L 8 : TA ?-- - <' t X C? C 1.. n ?J r 1/r- IZ t /d
13. Purpose of proposed work: F -r) 2 & C A n u-)A-Y U PP-
(?' ?{ J
C 0- r3C
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
L 4-.tt 17
r; ? 4L3 f:---r
15. 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 orproposed 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 [W NO[ ]
RESPONSES FROM THE 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. ona .
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.
d??nrnnPrtv?
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature 4Dat/
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 6, 1993
Regulatory Branch
Action ID. 199302276 and Nationwide Permit No. 14 (Road Crossing)
Mr. Ted Penzenik
Post Office Box 468
Glenville, North Carolina 28736-0468
Dear Mr. Penzenik:
Reference your application of March 5, 1993, for Department of the Army
authorization to construct a culverted road crossing of Fisher Branch at your
property located off Highway 107 in Glenville, Jackson County, North Carolin4.
The project has been reviewed by the N.C. Wildlife Resources Commission (WRC)
for potential adverse impacts to designated trout waters.
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
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.

-2-
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions, and those outlined in the attached
April 26, 1993 WRC letter. This NWP does not relieve you of the
responsibility to obtain any required State or local approval. Information
regarding issuance of a Section 401 Water Quality Certification may be
obtained through John Dorney, Division of Environmental Management, at (919)
733-1786.
This verification will be valid for 2 years from the.1ate 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 durin the
the NWP authorization expires o vo e , or is modified, such
i y 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.
latory office at [phone].
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
N.C. Wildlife Resources Commission
Mickey Clemmons
Route 1, Box 624
ssed to David Baker in our Asheville
Sincerely,
G. a Wrigr
hief, Regulatory Branch
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
Waynesville, North Carolina 28781;
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