HomeMy WebLinkAbout19970260 Ver 1_Complete File_19970327State 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
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March 27, 1997
Buncombe County
DWQ Project # 970260
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
New Salem Park LLC
c/o Michael Sobol
48 Blue Ridge Assembly Drive
Black Mountain, NC 28711
Dear Mr. Sobol:
You have our approval, in accordance with the attached conditions and those listed below, to place till
material in 0.05 acres of wetlands or waters for the purpose of constructing road crossings, as you described in
your application dated 24 March 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.
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 tills 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. Deed restrictions or conservation easements shall be added to lots 2 and 8 to prevent future till. 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 S tormwater, 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.
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 Domey at 919- 733 -1786.
Sin erely,
e ton Iloward, 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
970260.1tr
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 Affirmative Action Employer • 50% recycled/10% post consumer paper
9 7 0 2 b 0 970260 401 ISSUED
DEM ID: ACTION ID: �F
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Nationwide Permit Requested (Provide Nationwide Permit
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers �``� °% °
Nationwide permits that require application for Section 401 certification 11,s
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402 -1890 P.O. Box 29535
ATTN: CESAW -CO -E Raleigh, NC 27626 -0535
Telephone (919) 251 -4511 ATTN: MR. JOHN DORNEY
Telephone (919) 733 -5083
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 ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT. r
1. Owners Name: /V Qw �c P��k �.
2. Owners Address: 4-8 61 -1 R i of ; 6,u s-V,, 0,,.;�„ e 13 (K &tt- NC -2 8 1/
3. Owners Phone Number (Home): 10'9 - G `% " z0 1 } � (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
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5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City: � S k 5 v l I t /
� 2 { 1
Specific Location (Include road numbers, landmarks, etc.): 2 +11 r� � NO
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6. Name of Closest Stream/River. -Sw '► ^-�1 - �� �
7. River Basin: 5A— L
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO K]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NOM
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: /ly��t J�q. AC2
11. Number of acres of waters of the U.S., including wetlands, impacteld� by the proposed project:
Filled: P1t4,r` I Y n t2C1
Drained: NO,'s
Flooded: Nvoi
Excavated:
Total Impacted: lb, iott
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CUL -DE -SAC NAMES
1- WRENS NEST
2- WARBLERS NEST
3- VULTURES NEST
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NEW SALEM PARK
NEW SALEM ROAD; SWANNANOA, NC
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CUL -DE -SAC NAMES
1- WRENS NEST
2- WARBLERS NEST
3- VULTURES NEST
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NEW SALEM PARK
NEW SALEM ROAD; SWANNANOA, NC
12. Description of p posed work (Attach PLANS-8 1/2" X 11" drawings only
,$�riir�M �� /i' F)Sj��J /v.et- v_)�e- C9- .+.... V�.l� UJY )1�!>.1C13 11`c Wi�l°'.T(�'-A+- �•a���l J '
ti -�� '7i 4)C CC/ Vr0WA4 � M -1N q �
13. Purpose of proposed work: Y10 prro vieff %i c�crt o -� rl��,,�� 11 �,I; ;� 1. I .S��lt
14. State reasons why the applicant be 'eves that this activity muu,sst be arri out in wetlands. Also note mepsures
taken to minimize wetland impacts. � � 100 �^�' �I `�'�` °"' ��n^- �l�'`';'�" A'7V )'-1 )�
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15. You are required to contact the U.S. Fish and Wildlife Service ( USFWS) and/or National Marine Fisheries Servict
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critica
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [j(] 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 P<] NO [
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. i ) 5� 1 , u;i S��rr W,
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 Dai