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HomeMy WebLinkAbout20000055 Ver 1_COMPLETE FILE_20000118Wk j O? ?vc? JU RCS(VS h<ve, bin ?? kj ?arrea;t p ? V J e s? ?? A S k e u n i q u?p ` rye Z? y Cs r ?-c? S 10 h W T?A,,, ? _S: S? J s I DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 0 PRE-CONSTRUCTION NOTIFICATION APPLICATIQN FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE 1. OWNER'S NAME: ?(L/1?-mot K C J• i T \?J S 2. MAILING ADDRESS: 1 6 r SUBDIVISION NAME CITY: r'j U6" e' __ STATE: !" c. ZIP CODE: 707 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER: (HOME m 3yy (WORK) N 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: t j ln 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTYT_J Ca S ? - NEAREST TOWN: o) II y ? SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) or a.t? cam- 33"° 16 o7ra " ? 8 3 ° 5' ?2 6. IMPACTED OR NEAREST STREAM/RIVER: ?_?r? ?r l? f PO RIVER BASIN: --T -u c h o,Jogeo 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED A TROD , TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURS TERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ( ) NO ( ) IF YES, EXPLAIN: war he Clor, (a/-\ hkr\k C,-f r ? Fo,k C 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( ) 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LI T C& COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? / '\ 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO 66 IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PE IT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES( ) NO 7114 ) IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: • Io . ,Z 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: FLOODING: DRAINAGE : EXCAVATION: OTHER: TOTAL ACRES TO BE IMPACTED: 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DIIS A E BOTH BEFORE AND AFTER ?ELOCATION: LENGTH BEFORE: 1'1' U FT AFTER: `jJtU&kf Q60 FT WIDTH BEFORE (based on normal high water contours): (20(xr 3S IOukr 30 FI' I S ( ? 5. AVERAGE DEPTH BEFORE: FI AFTER: I' S ? 5F-1- (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION CHANNEL EXCAVATION OTHER: PLACEMENT OF PIPE IN CHANNEL: COONSTRUCTION OF A DAM/FLOODING: 11. IF CONSTRUCTION OF A POND ) IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND'? I" /A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) Use 64,C k Le _j I o(Xtir 771 n?_, r.n I r% 1-t\r k /f-, n 4 1? i U ulr\_ UJ y\. C'- U or`t , `l' JYbry` '1"(0 t.41/? Q-cr?s ? ve?.?a?y r,u ?cx-r??a..l ? ? tea-?e.,- d 14. STATE REASONS WHY IT IS BELIEVE HAT THIS ACTIVIT) MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) / A. 13. PURPOSE OF PROPOSED WORK: 1 I (?-? r;&.k vcA darnQ O 15. YOU ARE REQUIRED TO CON'T'ACT THE USASH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 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. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( ) NO (X e ) (IF NO, GO TO 16) a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES( ) NO( ) b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( ) IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEAT ON MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? ` IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? f g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, C2 "'' l ? v f ? ? ` I OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). 1 Eroded bank area. Mostly loose dirt bank after 1/98 flooding damage. Propose to use backthoc/loader to bring in rock/rip- rap and/or move rock from "Dry rock area" to stabilize creek I-„1. During high water, creek overflows bank and cuts a different channel. /v /v 0 0 0 0 0 v ,. 0 Dry rock area / Q V 0 0 0 0 iv 0 0 ?v Lower Flooding Area I I (Approximately 5.1 miles up SR 1737) t i urk Cancy Fork ENE Creek Road SR 1737 [Upper Flooding Area Name: TUCKASEGEE Location: 035° 18'38.9" N 083'05'18.8" W Date: 8/16/99 Scale: 1 inch equals 666 feet J Copyright (C) 1997, Maplech, Inc. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 199930531 County Jackson GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Samuel K. Matthews Address: 5649 Caney Fork Road Cullowhee, North Carolina 28723 Telephone No.: (828)293-3444 Size and Location of project (water body, road name/number, town, etc.): 2 areas bordering Caney Fork Creek approximately 6 miles up State Road 1737 in Cullowhee, North Carolina. Description of Activity to stabilize a total of 260-feet (upper 60-feet, lower 200-feet) of eroding bank along Caney Fork Creek with riprap obtained from an upland area. Stabilization is to be followed with the establishment of a permanent planted riparian zone. Applicable Law: X_Section 404 (Clean Water Act, 33 U.S.C.1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. 13 Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans, and those conditions outlined in the attached March 5, 1999 NC Wildlife Resources Commission letter. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of die responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 3-17-99- Corps Regulatory Official _ David Baker Telephone No. (828) 271-4856 Expiration Date of Verification 3-17-2001 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF,REQUIRED OR AVAILABLE. C&SAW Form 591 Revised July 1995 1? North Carolina Wildlife Resources Commission ri _ 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director March 5, 1999 Mr. Robert Johnson, Office Manager U. S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 SUBJECT: Samuel K. Matthews Nationwide 404 Permit Application Bank stabilization - Caney Fork Creek Jackson County, North Carolina Dear Mr. Johnson: Mr. Samuel K. Matthews is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. I have reviewed information provided by the applicant, and I am familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to stabilize approximately 200 linear feet of eroding stream bank in the vicinity of known trout populations. The NCWRC is concerned about potential project impacts to trout and other aquatic resources in this drainage, however, we do not object to the issuance of a 404 permit provided the following conditions be placed on the subject permit: 1. Adequate sedimentation and erosion control measures trust be implemented and maintained on the project site to avoid impacts to downstream aquatic resources. 2. Only clean, sediment-free rock and/or large woody material should be used for batik stabilization. 3. Under no circumstances should rock, sand, or other materials be dredged from the wetted stream channel under authorization of this permit, except in the inunediate vicinity of the eroding bank. Such materials are unstable in flowing water situations and are unsuitable for bank stabilization. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural forth of the stream channel will likely cause downstream erosion problems, possibly affecting other land owners. 4. Stabilization measures should only be applied on or near existing erosion sites, leaving other stable shoreline areas in a natural condition. Grading and backfilling should be minimized, and tree and shrub growth should be retained if possible to ensure long teen availability of shoreline cover for gantefish and wildlife. Bank stabilization permit Page 2 March 5, 1999 5. Native trees (willows, alders, sycamores, dogwoods, black walnut and red maple), and herbaceous shrubs, should be planted along the stream bank to reestablish the riparian zone and to provide long term erosion control. 6. Repairs to eroded banks should be conducted in a dry work area, if possible. Sandbags, rock berms, or other diversion structures should be used where possible to rainimize excavation in flowing water. 7. Construction is prohibited during the trout spawning period of November 1 to April 15 in order to protect the egg and fry stages from sedimentation. 8. All mechanized equipment operated near surface waters should be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Thank you for the opportunity to review and comment on this project. Pending availability of field staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546. Sincerely, Mark S. Davis Mountain Region Coordinator Habitat Conservation Program cc: Mr. Samuel K. Matthews, applicant State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director A F?WAA 'if 0 0 4?j 2 AO %moo-wftwaso NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 31, 1999 Samuel K. Matthews 5649 Caney Fork Road Cullowhee, NC 28723 () 10 5 5 Dear Mr. Matthews: On August 19, 1999 the Division of Water Quality received your request for a 401 Certification for stabilizing a creek bank. Your application is being returned since payment was not received with the application. In order for DWQ to review and process your request, you must send a check in the amount of $200.00 made payable to the N.C. Division of Water Quality. If you have any questions, please call Cyndi Bell at 919-733-9721. gio er elI n R. Dorney Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper