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HomeMy WebLinkAbout19961040 Ver 1_Complete File_19961101State of North Carolina IT Department of Environment, Health and Natural Resources • • Division of Water Quality A&4?1 J Flo we s, Governor Secretary Jonathan B B. . Ho ID FE N F1 A. Presto n Howard, Jr., P.E., Directo r November 13, 1996 Buncombe County DWQ Project # 961040 APPROVAL of 401 Water Quality Certification Mr. Danny Tolar N.C. Dept. of Transportation P.O. Box 3279 Asheville, NC 28802 Dear Mr. Tolar: You have our approval to place fill material in 0.03 acres of wetlands or waters for the purpose of improving SR 3460, as you described in your application dated 28 October 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. 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. 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 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 Dom, ey at 919-733-1786. Sincerely, ston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Dorney Central Files 961040.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper V 061040 P.O. Box 3279 Asheville, N.C. i 401 ISSUED October 28, 1996 3 Mr. David Baker a U.S. Army Corp of Engineers Regulatory Field Office 151 Patton Ave. Rm. 143 Asheville, NC. 28801-5006 Subject: S.R. 3460, Buncombe Co. Dear Mr. Baker: We are providing a package of design sketches concerning wetlands that will be impacted by this project. We have enclosed a completed N. C. D. E. M. application for your use. We are planning on replacing an existing driveway pipe as well as a proposed channel change in existing stream to help eliminate flooding problems and construction of a proposed bus turnaround at this location. This stream is a tributary to South Hominy Creek which is a designated trout stream If you have any comments or questions concerning this project, please contact J.N. Jarrett or myself of this office at 704-298-274 Thank you for your cooperation and assistance in this matter. Sincerely yours, District Engineer DRT:JNJ:jnj cc: Mr. Eric Galamb Div. of Environmental Management Mr. David Yow, Dist 9 Environmental Coordinator © m C. y . DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 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 AGENC-Y= ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME : N. C. DEPT OF TRF NSPaRTA T70N 2. MAILING ADDRESS : P' tFOX H77 SUBDIVISION NAME: CITY: A50EVILLC STATE: NC ZIP CODE: ?-880? PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR -4600 C-5 M f NC RMEATC OF NC (5f 3. TELEPHONE NUMBER (HOME) : (WORK) : M - Z74- 4.. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: D. R -ML&K Po BOX 3277 ASREMLE, mC Za80Z 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):. COUNTY: BuI lCDNCBC NEAREST TOWN OR CITY: CAMPLER, I JC t? SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) : SR 3460, O. 5 M(LF t`tOM -Ass OF [ t4c 9 SECTIO 9 OF t4C. 151 ¢ SR 3x-60 - 6. IMPACTED OR NEAREST STREAM/RIVER: 6outt HOW"I CREEK RIVER BASIN: FRENCR BROAC - t 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW) OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [V NO [ ] IF YES, EXPLAIN: f API cmb STREAM (S TRt oOW TO BUT W4TERS 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS EEN-PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO ['j IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERM T REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [? IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0,(0 AC 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: t' Q. 0.5 Ac 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: C-o( A C EXCAVATION: (9- G?- A C. FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED : 0.03 AC 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: 66 FT AFTER: - 50 FT WIDTH BEFORE (based on normal high water contours): 3 FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: - FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED f WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WA WHAT IS THE EXPECTED POND SURFACE AREA? AIA 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: '8 1/2" X 11 DRAWINGS ONLY) : OKE PPMSED CHf W[JEL c.t-f WGE ( U Cx[ST SCREOM AMD REPL ACEMEAT' CF BUST- DRtUEW41Y N PE IM STREW . 13. PURPOSE OF PROPOSED WORK: TO EL(Ntft?kTE F[?C9Dt?G MOLEM-S 411 r4mD couSrRlJCTCO u 6F PRQ P 8US TUftuA RoUU tt. 3 ?w 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): sEE (14 6LL (ROOT79E ,4U0 UECeSSAR-t MEA50RES TO (X9 =L EROS(O&I SENME(.QA-TI06f WILL BE VTr (ZF_Dr 5UCL-t AS S(LT C-FtccES SILT- BftSt US AND CIS ECG DBMS etc 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL. MARINE FISHERIES SERVICE (NMFS) (SEE.AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE CONTACTED: CON TO K.C.W- R.C . IG- Z8- 76 (ATTACH RESPONSES FROM THESE AGENCIES.) 16.' YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: NZA 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ ] NO M/ (IF NO, GO TO 18 ). a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO ?] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ] . . . IF ANSWER TO 17b IS YES; THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO 'DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE 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) 733-6365. 4 18. THE FOLLOWING ITEMS SHOULD.BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND.PERMANENT).ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. 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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY?- AGKtCUI.TURE / R?-:STEMIAL f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 141"A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE:' WETLANDS OR WATERS OF THE U.S. 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 ENVIRONMENTAL MANAGEMENT (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. D. R. Tktk OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 10-2$-96 DATE 5 W. N.C. DF_PAPTMENT OF TRANSPORTATION D IVI SON OF-HIGHWAYS SLCONDARY ROAD SURVEY /VPRO FE KI CEOs -rug /qKouw -OCATIQN, o,5 ?ircl, rya sT FROM 14c Is-( WORK FR PRIORITY 0 U N T Y u?co c TOWNSI I I P uPPc? ?? ?? ?o-za-9 6 DATE SCALE NOTES ?K?P -r? au Aqb ??F? ?CC(?r??uT of P(FF c(4AWEC c yjAore RAW I DARLA L5 6 2 bz 3 I i ZI x? \ '? x I +40 Xt{?f U 7- kI W PRA ?b zo MP 40'-I$ "COP Rue cq{;?L k?5 i-75 CffA4! 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