19970332 Ver 1_COMPLETE FILE_19971211

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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May 12, 1997
McDowell County
DWQ Project # 970332
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. John Franklin Rabb
334 Major Conley Road
Marion, NC 28752
Dear Mr. Rabb:
You have our approval, in accordance with the attached conditions and those listed below, to conduct
maintenance dredging on 1000 feet of stream channel at Rabb Farm near Conley Road, as you described in
your application dated 17 April 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3108. This certification allows you to use
Nationwide Permit Number 26 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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. A 30' wide vegetated buffer shall be established and maintained on both sides of the channel. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal S tormwater, Non-Discharge and Water
Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
PsPrton Howard, Jr. 1) .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
970332.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
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State of North Carolina
Department of Environment,
Health and Natural Re*aurces
Division of Wafter Quality
Jaynes 8, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.F., Director
Asheville Regional Office
rHUM q1
WATER. QUALITY SECTION
May 8, 1997
MEMORANDUM
TO: John Dorney
Wetlands and Aquatic Plants
THROUGH: Forrest R. Westall.
Regional Water Qua pexvisor
FROM: Michael R. Parker Pf
trlvironmental Chemist
SUBJECT: Staff Report and Reaammendations
401 Certifications
Harold Dear. Henline 970268
John Franklin Rabb
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On March 27, 1997, Steve Chapin, COE, Stephanie Goudreau,
N. C. wildlife Resources Commission and myself met with Mr. Dean
Henline and. Mrs. Sandy Rabb. Both parties want to clean the silt
and cow manure from a stream which has been filled by a farmer
w1io is now out of business. The channel is full and should be
improved by cleaning.
Mr. Renline has requested 600 feet by 4 feet ana the Rabbe
have requested 1000 feet by 4 feet. Material removed from the
channel will be spread in adjacent fields. As mitigation for
this project both parties agreed to provide grassed buffer strips
of 10 feet on both sides of the stream.
This project sboul.d improve water quality and it is
recommended that 401 Certifications be issued for both projects.
If you have questiono, please call me at 704/251-6208,
Interchange Building, 59 Woodlin Place % FAX [phone]
Asheville, North Carolina 28801 4 C An Equal OApar'uraty/AfflrtndflVa Action Employer
Voice 704-281-6208 50%, recycles/ 10% post-consumer paper
W, DEM ID: ACTION ID:

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
4A
R 199j
N7,44 3c?FNC?S
PLEASE PRINT.
* 1. Owners Name:
* 2. Owners Address
* 3. Owners Phone Number (Home): ?i&--yow--`t IZ5
(Work):
* 4. If Applicable: Agent's name or responsible corporate official, address, phone number.
* 5. Location of work (MUST ATTACH MAP). County: 1W vU Wq-1-L
Nearest Town or City: Al, , - :2e62iz
Specific Location-(Include road numbers, landmarks, etc.): 9 - 0M
15 4 122 QX? C-CNLr- Y /'7-0i4Z) / )fFew / i e Z9-212
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 11? YES [ ] NO [ ]
9. Have any Section 404 permits been previously'requested for use on this property? YES [ ] NO 1
If yes, explain.
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:
(and/or stream channel)
Filled:
Drained:
/Flooded:
? Excavated: `^-`- ?D.QO x /O 6 d ? F X `?
,/Total Impacted: e44,,oa,r / 0 00 L r7-= /r yG
' CAN BE HAND DRAWN
12.. Description of proposed work (Attach PLANS
* 13. Purpose of proposed
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
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 [ ] 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. 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?
F. If applicable, what is proposed method of sewage disposal?
* PLEASE SIGN AND DATE HERE :>
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