19910038 All Versions_Complete File_19910419

? •• STATE
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street v Raleigh, North Carolina 27611
James G. Martin, Governor April 19, 1991 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. E. D. Zimmerman
North Carolina Department
Route 4, Box 172A
Morganton, North Carolina
Dear Mr. Zimmerman:
of Transportation
28655
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Stream relocation
Burke County
Upon review of your request for Water Quality Certification
to place fill material in 0.1 acres of wetlands for stream
relocation,. we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2176 issued
November 4, 1987. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
?(n George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Division of Coastal Management, Raleigh
Potludon Prcvendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Eaual OooortuNN Affirmative Action Employer
GENERAL CERTIFICATION
THIS GENERAL CERTIFICATION is issued in conformity with
the requirements of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to the North
Carolina Division of Environmental Management Regulations in
1514CAC2H, Section .0500 for the discharge of fill material
to navigable waters or adjacent wetlands areas which are
above the headwaters or to wetland areas that are not a part
of the surface tributary system to interstate waters or
navigable waters of the United States (i.e. isolated
wetlands) as described in 33 CFR 330.5(x)(26) of the Corps
of Engineers' regulations. The category of activities shall
include any fill activity in these headwaters and isolated
wetlands areas where-the*-activity does not result in the
loss or substantial. modification of-10 acres or more of
waters of the United•States, including-wetlands.
The State of North:•Carolina.certifies that the
specified category of :activity Nrill''not violate Sections
301, 302, 303, 306.and.307 of.the Public Laws 92-500 and
95-217-if conducted in accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of 1 to
10 acres of such waters, including wetlands,
requires a written concurrence from the Division
of Environmental Management. Activities involving
less than one acre do not require written
concurrence.
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, Il,
or 111 (public water !;upplies) and ST, (shellfish
.•tt •r Thiti -xr)u5io;n also applies to fill in
t -tnd!; .,(i j,tct>nt t t hos(? waters. Di scharge
. r,)p)s;ori forr these waters or wetlands must be
,rig; t dorod 1()r cert i 1 i (-at i on on a ease-by-case
1).t ,t ,
_..- 'r
R

State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
April 11, 1991
MEMORANDUM
TO: John Dorney
401 Certificatio:-. /J
THROUGH: Forrest R. Westa- N f/v
Regional Water Qual ?? pervisor
FROM: James R. R id
Environmental Lst
SUBJECT: 401 Certification
NC SR 1241 Channel Relocation
Burke County
Ann B. Orr
Regional Manager

The writer and Kerry iiecker visited subject site on April 5, 1991 to
evaluate impacts which could be expected as a result of the proposed
channel relocation of Russell Creek. Nc adverse impacts would be
anticipated as a resu:_c of the proposed cork. Attached please find a
wetland rating sheet completed at they tine: of the investigation.
Issuance of State certification is recomrzended. If there are
questions, please contact me.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
as
$-?4,
WETLAND RATING SYSTEM WORKSHEET
4`- oject No. or description s/2 Pe (' C'
Location
i1,c1 s 111
River basin

ai,u nea est permanent stream
Evaluator J i,u zio
Agency and address
Date and time evaluated '
Major Wetland Type-LCZ-,,.
Approximate size of wetland system
Approximate ex ent of wetlands in areas acres
within ?-- miles acres
Three?st domin nt plant speies (in order
Soil Series (if known ? /Ci ' ?C--? 1 ?--
Hydrologic indicators
Direct hydrologic connection? s ?`?
( ircle one) YES NO
Existing Conditions
Drainage
Disturban
Restoration
Does site provide
species? If yes, then
exceptional status.
11a"1LaL ror endangered or threatened
score equals 100%. State reasons for
Item No. •
I. Location/Landscape Score (circle on e)
1 Natural area buffer 5
2 Sensitive watershed
II. Ecological Values 5 1
'COD
3 Special ecological attributes
4 Dispersal 5 3 KOD
corridor system
5 Wildlife 5 0

6 Aquatic life 5 3
1
0
7 Water storage 5 1 0
8 Streambank stabilization
9 Removal 5
5 C3_?
3 1
1 0
0
sediment/toxicant 5 3
10 Removal/transform nutrients 1 0
11 Groundwater recharge/discharge
III 5 3 L ? 0
.
. Human Values 0
12 Outdoor recreation/education
13 5 3 1

Commercial value

5 0
3 1 0
Total score S
Percent score ` j
(out of a total of 65 points)
Site description and notes:

12
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
March 4, 1991
SUBJECT: Nationwide Permit No. 26 and CESAW-C091-D-012
Mr. E. D. Zimmerman
N.C. Department of Transportation
Route 4, Box 172A
Morganton, North Carolina 28655
Dear Mr. Zimmerman:
in strict accordance with the enclosed con > to
authorization does not relieve you of the respon:libility to obtain any
required State or local approval.
00

.. ,. Ci`?' nc ' ti

On January 28, 1991 you met with Mr. Steven Lund of my Asheville staff
along with Mr. Bob Brown, N.C. Wildlife Resources Commission, at the site of a
proposed channel relocation in the headwaters of Russell Creek off State Road
1241 northwest of Morganton, Burke County, North Carolina.
In order to prevent the creek from undermining a section of S.R. 1241, you
propose to relocate an approximate 340-foot-long section to a former creek
channel located to the east. The existing channel would largely remain open,
but would be plugged at either end by rock gabions. Approximately .1 acre of
waters would be adversely affected. No vegetated wetlands were observed in
the vicinity of the proposed work. According to Mr. Brown, Russell Creek is
not a state-designated trout water nor is it tributary to one.
Title 33,
For the purposes of the Corps of Engineers' Regulatory Program,
Code of Federal Regulations (CFR), Part 330, published in the Federal Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams, and
their lakes and impoundments, including adjacent wetlands, that are located
above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States. This general
authorization is valid only for work that causes the loss or substantial
adverse modification of less than an acre of wetlands.
Your work is authorized by nationwide permit provided it is accomplished
d't' ns Please be aware that this
This verification will be valid until the nationwide permit is modified,
reissued, or revoked. All the nationwide permits are scheduled to be
modified, reissued, or revoked prior to January 13, 1992. It is incumbent