19950221 Ver 1_Complete File_19950302

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. Ken McEntire
NC DOT
815 Stadium Drive
Durham, N. C. 27704
Dear Mr. McEntire:
ATI.WA
4*
'A[ A???M
EDI EHNF=1
March 8, 1995
Durham County
DEM Project # 95221
FILE COPV
You have our approval to place fill material in waters-for the purpose of road maintenance at SR
1473, Chambers Road, as you described in your application dated 2 March 1995. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification
Number 2735. This certification allows you -to use General Permit Number 031 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 fmal 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 Domey at 919-733-1786.
Sincerely,
ston Iioward Jr.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Domey
Central Files
95221.1tr
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
RECEIVED
21995
ENV1R0"`J;14ENTAL SCIENCES
STATE OF NORTH CAROLINA °°^ ^U
DEPARTMENT OF TP ANSPORTATION
JAMES B. HUNT, JR DIVISION OF HIGHWAYS
GOVERNOR
815 Stadium Drive
Durham, North Carolina 27704-2713
[phone]
February 24, 1995
Mr. John Dorney
Division of Environmental Management
W. Q. Certification
P. O. Box 29535
Raleigh, NC 27626-0535
SUBJECT: SR1473 - Durham County
SRI 163 - Granville County
SRI 193 - Granville County
SR1729 - Person County
Dear Mr. Dorney:
R. SAMUEL HUNT III
SECRETARY
Attached are 401 Permit Applications for the subject road improvement projects in Durham County,
Granville County and Person County.
These projects consist of grading, drainage installation and paving the existing unimproved roadway
surfaces.
Please review this material, and if additional information is needed, or if you have comments, please
contact me at [phone].
Thank you for your cooperation and assistance in this matter.
Sincer ly,
K. McE ire, P. E.
District Engineer
KMM/mas
cc: L. K. Mike Gantt, US Fish & Wildlife Service (with attachments)
D. A. Allsbrook, Jr., P. E.
M. L. Kirk, P.E.
D. L. King
W. J. Timberlake
C
T 't; . NU"1'1?+'11:A'1'1UN ?+'UKM SR 1473 CHAMBERS RD.
• INFORM TION SHEET DuRHgM co.
Nationwide permits that require notification to the Cori
Nationwide permits that require application for Section i
k. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT Er.
;TEM'M B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMxxi, APPLICATION RE-
?UIRENENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
:ertain nationwide permits require notification to the Corps of Engine= before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
N9VP I8 (required when discharge exceeds 10 cubic yards orthe discharge is in a special aquatic site and must include .
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than I acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
N" 38 (must include a delineation of affected special aquatic sites, including wetlands)
"or activities that may be authorizes) by the above listed nationwide permits that require notification, the
Lpplicant shall not begin work
a. Until. notified that the work may proceed under the nationwide permit with any special conditions unposed by
the District Engineer, or
b. If notified that an individual permit maybe required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received 'from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
:oncurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
totification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERNIIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certif=tions and require no application. They are NWP 3, NWP 4,
WVF 5, NWF 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
ind NWP 37.
the following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-thud acre fill of waters or
wetlands). Protects that do not meet these criteria require application for Section 401 water quality certifications.
l;tl$ attaches form snouia .oe uses w ualatrt apprvvas rrulss u!c L.urp? us rr!!?!!!cGla a!lutu! u!c sv.L, usvlslon us
Environnsental Management as specified above. The petmittee.should make sure that a!! necessary information is
prdvided its red avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 112 x 11 inch paper.
EndangBred species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marne Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.
. DEM ID: Cl 5 Z? ? I ACTION ID: 40 ISSI inn
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIRONII
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
XT 7",
V E5 ?{
Mkt - ?2 ?Y
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO .
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: N. C. Department ofTransportation
2. Owners Address: 815 Stadium Drive, Durham, North Carolina 27704
3. Owners Phone Number (Home): [phone]
(Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number
Ken M. McEntire, P. E.
815 Stadium Drive
Durham, North Carolina 27704-2713
5. Location of-work (MUST ATTACH MAP). County: Durham
Nearest Town or City: Rougemont
Specific Location (Include road numbers, landmarks, etc.): SR1473, From SR1471 to SR1470
0.80 mile in length.
6. Name of Closest Stream/River: Buffalo Creek
7. River Basin: Neuse
8. Is this project located in a watershed classified as Trout, SA, QW ORW, WS I, or WS II? YES [ j NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO t]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: N/A
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: N/A
Drained:
Flooded:
N/A
N/A
Excavated: N/A
Total Impacted: N/A

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Grade Drain, Base, and Pave existing _unpAyed road-
Total length of proiect is 0.80 miles.
13. Purpose of proposed work: To bring existing unpaved road to current safety standards.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. N/A
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 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 [K
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 [X ]
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? Residential
F. If applicable, what is proposed method of sewage disposal? N/A
I Z-- Z-4 -clT
jkdU2??
Owner's Signature Date

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