19920574 Ver al_Complete File_20100726

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor October 6, 1992 A. Preston Howard, Jr., P.L.
William W. Cobey, Jr., Secretary Acting Director
Mr. Roger Cates
N.C. Department of Transportation
P.O. Box 1460
Boone, N.C. 28607
Dear Mr. Cates:
Subject: Proposed fill in Wetlands or Waters
Road improvements, SR 1222
Watauga County
DEM Project # 92574
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.1 acres of wetlands or
waters for road improvements on SR1222 located at Rube Creek in
Watauga County, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2671 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. 26.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerel ,
P eston I4-6ward, J . P. E.
jrd/dotl222.ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9 19/94 6-6481 9 19/395 -3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportwiity Affirmative Action Employer
n
STATE OF NORT .
DEPARTMENT OF TR
P. 0. Box
Boone, N.C
JAMES G. MARTIN September WAYS
GOVERNOR
THOMAS J. HARRELSON JR., P. E.
SECRETARY. ISTRATOR
Mr. John Dorney
Water Quality Section
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
Re: SR 1222 Mountain Dale Road Watauga County
Dear Mr. Dorney:
The North Carolina Department of Transportation has
received authorization from the Corps of Engineers under
Nationwide Permit No. 26 Headwaters and Isolated Waters to
grade, drain, base, and pave SR 1222 Mountain Dale Road in
Watauga County. As part of this project, a section of the
roadway will be realigned to improve a curve. This new
alignment requires the placement of a pipe in a new location.
This will affect approximately 3,750 square feet of wetlands
associated with Rube Creek.
I am requesting a waiver from the Division of
Environmental Management for this project. The affected
wetland area is less than 0.1 acre.
We would like to begin construction as soon as possible.
If further information is required, please let me know. Your
early review and consideration will be greatly appreciated.
Yours truly,
Ro er Cates, P.E.
District Engineer
RC:JMB
cc: Mr. Steve Chapin, U.S. Army Corps of Engineers
Mr. W.E. Hoke, P.E., Division Engineer
Mr. Martin Bolick, County Maintenance Engineer
An Equal Opportunity/Affirmative Action Employer
DEPARTMENT OF THE ARMY
r WILMINGTON DISTRICT, CORPS OF ENGINEERS
{?' J P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284 02-1 890
IN REPLY REFER TO September 4, 1992
Regulatory Branch
Action ID. 199203324 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Roger Cates, P.E.
State of North Carolina
Department of Transportation
-- Post Office Box 1460
Boone, North Carolina 28607
Dear Mr. Cates:
Reference your August 6, 1992 application for Department of the Army
authorization to grade, base, drain, pave, and replace and extend culverts on
S.R. 1222 (Mountain Dale Road), near Reese, in Watauga County, North Carolina.
In addition, the road will be realigned between stations 49+50 and 52+19. In
this realignment, there are approximately 3,750 square feet of wetlands
associated with Rube Creek that will be impacted. This project has been
coordinated with the NC Wildlife Resources Commission (WRC).
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.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the lose of more than 1 acre of waters of
the United States;
. b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and with those
conditions outlined in the enclosed August 17, 1992 WRC letter. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. It is recommmeded that you contact Mr. John
Dorney with the State of North Carolina, at telephone [phone],
to ensure that you have complied with state water quality certification
requirements.
C
h
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit 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 nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
no Wri t
Chie , Regulatory Branch
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
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Joe Mickey
Route 2, Box 278
State Road, North Carolina 28676
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