19940764 Ver 1_Complete File_19940822

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
APPROVAL of 401 Water Quality Certification
Mr. Lawrence Brimley
14 Macedonia Drive
Ash, N.C. 28804
Dear Mr. Brimley:
?EHNR
August 23, 1994
Jackson County
DEM Project # 94764
FILE Cut ,
You have our approval to place fill material in wetlands or waters for the purpose of
road access at Betty's Creek road between Dillsboro and Franklin, as you described in
your application dated 12 August 1994. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 2732. This
certification allows you to use Nationwide Permit Number 14 when it is issued by the
Corps of Engineers.
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. For this approval to be valid, you must follow the conditions
listed in the attached certification. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 30 days of the date that you receive this letter.
To ask for a hearing, send a written petition which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under
Section 401 of the Clean Water Act. If you have any questions, please telephone John
Dorney at 919-733-1786.
Sin rely,
LC
P eston Ho , Jr E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
94764.1tr
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
ITEM ID: 9(4 AC'T'ION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
qFUJ
JOINT FORM FOR ISS(/F0
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL •-
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONME U ?J
P.O. Box 1890 AND NATURAL RESOURCES 6
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535' 2
Telephone [phone] ATTN: MR JOHN DORNEY
Telephone [phone]
WETLANDS Gf V-?
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS. ERS.
?M ,11 SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1.' Owners Name: µ L i 2. Owners Address: _ ) f ( (&; c c. rJ ; l t? fi1 ((?' ( > ?.° c
1 Owners Phone Number (Home): •'' - ,Z (Work):
4 If Applicable:' Agent's name or responsible corporate official, address, phone number.
ilk f
5 , Location of work (MUST'ATTACH MAP). County:
Nearest Town or City: '4-,
Specific Location'(Include road numbers, landmarks, etc.):
6. Name of Closest Stream/River.
`7: River Basin:
8.') Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ r?
9.' Have any Section 404 permits been previously requested for* use on this property? YES [ J NO [>]X
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
1L Nurnber of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Flied: \.3 •` ? l \ _i...__?
Drained:
Flooded:
Excavated:
Total Impacted: C
.,Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
1
2
13? Purpose of proposed work:
?4. State reasons why the applicant believes that this activity must be carried out in wetlan ds. Also, note measures
taken to minimize wetland impacts. `
You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.Fisheries Service
tN S) 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 [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
X You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
'properties in the permit area which maybe affected by the proposed project? Have you done so? YES[ ] NO(. ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
Additional infbnnation 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? 1
F If applicable, what is proposed method of sewage disposal? "
Owner S Signature _ Date