19970602 Ver 1_Complete File_19970709

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
1A
C) EHNR
July 29, 1997
Avery County
DWQ Project # 970602
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Martin L. Bolick
N.C. Dept. of Transportation
P.O. Box 1460
Boone, NC 28607
Dear Mr. Bolick:
You have our approval, in accordance with the attached conditions and those listed below, to fill in
0.012 acres of waters for the purpose of paving SR 1333, as you described in your application dated 2 July
1997. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3103. This certification allows you to use Nationwide Permit Number 14 when it is
issued by the Corps of Engineers. 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 Stormwater, 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.
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. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds
(T 15A:04B .0024).
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.
rely,
stop w , Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
970602.1tr
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% recycledl10% post consumer paper
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91 0 6 ?QA ??g 4011SSED
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS
BOONE DISTRICT OFFICE
POST OFFICE BOX 1460
BOONE, NC 28607
July 2, 1997
Mr. David Baker
U.S. Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, N.C. 28801-5006
Dear Mr. Baker:
GARLAND B. GARRETT JR.
SECRETARY
RECEIVED
.III! 0 91997,
ENVIRONMENTAL SCIENCES
2111"1>4
The Department of Transportation is proposing to upgrade an existing 30" CMP
driveway pipe with 40 L.F. of 48" CMP that carries an unnamed tributary to
Shawneehaw Creek. This pipe needs to be upgrade in order to eliminate flooding of
SR 1333, Shoemaker Road, in Avery County during heavy rains. Shawneehaw Creek
has the DEM classification, C Tr. Due to the proposed work, we are requesting a 404
Nationwide Permit.
I am sending a joint application form, straight line sketch with the proposed erosion
control, notes on pipe installation, and a marked county map.
By copy of this letter, I am requesting Ms. Stephanie Goudreau, Mt. Region Biologist
Coordinator to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting a 401 Certification from the Division of
Environmental Management for this project.
We would like to begin construction when the necessary permits are obtained. If
additional information is required, please let me know. Your early review and
consideration will be greatly appreciated.
Sincerely,
Martin L. Bolick
District Engineer
AT%

Page 2
Mr. David Baker
SR 1333 Shoemaker Road
July 2, 1997
MLB/MLM:mm
Enclosures
cc: Ms. Stephanie Goudreau, Mt. Region Coordinator, NCWRC
Mr. Richard Phillips, P.E., Regional Engineer, DEHNR
Mr. Eric Galamb, Water Quality Certification Unit, DEM
Mr. W.E. Hoke, P.E., Division 11 Engineer
Mr. Neil Trivette, Area Roadside Environmental Engineer
Mr. Johnny Brown, County Maintenance Engineer
DEH ID: ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORK FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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 MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
EX IROZOMIiTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: • C.^PA?[ nn?r?' n? T A?-+spcxr-, q t e
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME): (WORK): (?a'4?) 2 - ?D
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
f? . L? Y ? nO
1?.?.J E.. e1[` L.Q(OCt7
( 7tr4? 2105-5380
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY:
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE-ROAD NUMBERS,.•'LANDMMARKS, ETC.); (>.A nw.Fee , '?.+ -
6. NAME OF CLOSEST STREAM/RIVER: 11,.?,JA„?cs T?.g . T ?ti.?i.???F ANvi C?
7. RIVER BASIN: A&Te--a A
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES. ?j NO ( j
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( j NO [
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: O.OkZ A?cz
3/30/92

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED :
22. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : zEetg?c V 3b"
-_ 2 y ?ulA C ?i P- W mw 4.0 1. r F C mf• l
13. PURPOSE OF PROPOSED WORK: GRAaE
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. _p,c _ ti1??? C-o CZ ()Prz e? r Ma-AA:E t7- - A? r,F
t )-[_•s ?V 1 DEC ? ?o L N\L?F? oT? I4C N[?ci.J
ZS. 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
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. j
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?
OWNER'S SIGNATURE DATE

Pipe Installation
1. Install erosion control devices. In streams, where necessary, rock silt
screens will be used and installed prior to pipe replacement or any work
being done to channel.
2. Remove material and existing pipe while limiting, as much as possible,
material and sediment from entering a stream and/or escaping from project.
3. Prepare pipe foundation while again taking care to limit, as much as possible,
material and sediment from entering a stream and/or escaping from project.
Where possible, new grade will be below existing stream bed. If needed,
bedding material will be clean stone.
4. Place the new pipe and compact backfill.
5. Install slope protection on outlet and inlet ends of pipe. Also, complete
installation of erosion control measures and perform maintenance as needed
on existing measures.
6. Establish permanent vegetation as soon as possible.
T Remove rock silt screens as soon as possible after vegetation is established.
Prior to removal of rock silt screens any accumulated silt must be removed.
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