20000371 Ver 1_COMPLETE FILE_20000801

O?OF W A T?9pG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
February 28, 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Sterling Carroll
P.O. Box 1549
Boone, NC 28607
Re: Watauga County
DWQ # 000371
Dear Mr. Carroll:
On April 3, 2000 the Division of Water Quality wrote to you concerning your plans to fill streams for the purpose of
development at the UT to Gap Creek in Watauga County. This letter informed you that the project was incomplete and
was being placed on hold until the additional information outlined in the letter was supplied. To date, we have not
received this additional information. Unless we hear from you in writing within 3 weeks of the receipt of this letter, we will
consider that you no longer want to pursue this project and we will retire the file and consider the application as
withdrawn. Please be aware that reapplication for this project will require a Certification fee and new applications.
Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter.
Si erely ( ,
I
n Dorney
Wetlan s1,401 Unit Superviso
Cc: File copy
Central files
Asheville DWQ Regional Office
Winston-Salem Field Office US Army,Corps of Engineers
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?n of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

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DF.M M. ACTION ID_
Nationwide Perngii Requested (Pro.idr. Nationwide Permit M):
JOINT FORM FOR
Nationwide pcrrnits that require notification to the Corps ur Engineers
Nationwide pcrmits that requirr application for St+-clion 401 certification
/ 1 2000
WFTI.rA,01"
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ONE (I) COPY OF'IMS COMPLETED APPLICATION S"OULM 11E SENT TO THL CORPS 01' 13NGINIUM.
SEVEN (7) CQrMS Sli()= BE SENT To THE N.G DMSION OF ENVlRQM dENTAL MANAGEMEN T.
PLEASE PF.W.
,/ 1. Owners Name:
V/Z. Owners Add=
V,'13. Owau-s Phone Niuubcr (H94=): - (work).
v/4. If Applicable: Agent's none or responsible eorpotasa Adial, address. phone number.
• c
v,,*''S. Location or wurk (MUST ATTACH MAP). Cuuniy_ I+
Nc=t Town or City:
Spczific Location (Include road rurmben. land=h. etc.):
Namc of Goacst Sncnm/River
7. Rive: Basin:
S. Is this project located in a watershed dassiBed as Trout. SA. HQw. ORW, WS I. or WS II? YES ( ) NO I l
t/• 9. Havc any Sccxiun 404 p=nziu be= pnwiuuaiv ct:qucsted rug use uu t1lis pgopctly? YES
If YES. explain.
ve' 10. Estimated total number of acres of waters of the U.S.. including wetlands. located on project site_
1. Nungbc or a=ss of watets of the U.S.. including wetlands, impacmd by the proposed project:
FiNed:
Drained,
Flooded-
Excavated:-
Total Impacted:
Very J.-y.-4--J, a-- ? L,4 dom.??
"I 2. Description ofproposcd work (Attach PLANS-8 12" X I 1 `drawings only).
? 13. Purpose of pmMrd woxt
USL'A ? L i.
14- State reasons why the applicant bttiieves that this activit
taken to reunianize wetlutra impacts. y Must be Carried out in wetlands. AISo, note tnrasares
15. You are required to ectutact the U.S. Fish 4 nd Wildlife Service (t1SFWS) andfor Nn4unai Marine Fisheries Service
(LAMPS) tOardiag tits: Presents or any Federally listed
habitat iu nccp=Wt aria that may be affected by the vrproposed for
JO?sed o lisHa g endangered orthrestened species orcriticzl
RESpONSI=S FROM Pr 1 you done so? YES[ l NO[
J
THE USFW S AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You am to oorrnct the State Historic Ptrsery lLhon ()fn= (SIgO
prvltertles in the permit ara'hisrh nlgy $?eettd the ? ) er?'ttrdtnB the prarncc of historic
RESPONSE FROM by proposed projc; t - Hsve you done sa? YES [ ] NO [ l
THE SMO SHOULD BE FORWARDED TO CORrS-
17. Additional Wamtation reg9rcd by Dfi1K:
A- Wetland delinestion trap showing all wetlaasis, strraras, and lakes on the UM erty.
B. If avulabk representuive photograph of wetlands to be impacted by project. .
C. If delineation was performed by a consult=r, inctude all data sheets reicvam to the placmcnt of the
delineation line.
D- If a sbmrworer utianagarneat plan is required for this project, aaach copy.
E What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
wrtcr's Sigma re or A..ll.,r; Datc

DEEP GAP QUADPANGLE
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?VI North Carolina Wildlife Resources Commission 0
( ;harles K. Fullwoo(l, I Accutivc DirCct(n•
MEMORANDUM
TO: John Thomas, Permit Coordinator
Raleigh Office, U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program Original Signed
by J. R. Linville
DATE: March 24, 2000

SUBJEC'T': Review of an Application by Sterling Carroll, ut Gap Creek, Watauga County.
The applicant is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps oll,
Engineers. The NCWRC has reviewed information provided by the applicant, and field
biologists on our staff arc familiar with habitat values of the project area. These comments are
provided in accordance with provisions of the Clean Water Act o f f 977 (33 U.S.C. 466 et. seq.)
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Based on the information provided by the applicant and our information on the range of
trout in the project area, we are concerned that this project could cause impacts to waters
supporting trout. We are concerned about the potential for cumulative impacts on this stream
from additional driveway crossings and ongoing improvements in the area. A significant bog is
found upstream of this site and the NCWRC documented (July 8, 1993, Mickey et. al.) a brook
trout population in this tributary of Gap Creek. This tributary may function as a trout nursery
during portions of the year and does provide habitat for aquatic mussels and insects. We do not
concur with the project as proposed; however, we have no objection to a shorter pipe or a bridge.
If piping is permitted, we recommend that no more than the absolute minimum (20-25
feet) of stream piping should occur. The culvert(s) should be buried one foot into the substrate in
order to provide aquatic life passage through the culvert. If the pipe cannot be buried to this
depth, it should be placed on grade so that no air gaps occur and so that aquatic life passage is
possible. Instream work and land disturbance within the 25-foot wide buffer zone should be
prohibited during the trout spawning seasons of October 15 through March 31 to protect the egg
and fry stages ohtrout from off-site sedimentation during construction. Portions of the
streambanks that are not utilized for the crossing should be revegetated with naturally occurring
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 2 7699-1 72 1
Telephone: [phone] ext. 281 • Fax: [phone]
Sterling Carroll Gap Creek.doc 2 04/25/00
shrub and tree species in order to provide shade. The streambanks were devegetated during the
previous trout buffer moratorium period. If concrete will be used, work must be accomplished
so that wet concrete does not contact stream water. The project must maintain upstream and
downstream pre-construction channel widths and depths for bedload self-scouring and aquatic
life migration. Utilizing erosion control mats to line the disturbed stream banks is recommended.
Preserving indigenous plants is encouraged where practical for replanting along the stream
banks. Using existing streambed materials is encouraged instead of using riprap for stabilization.
Any instream stabilization must maintain current streambed elevations and conditions. Stringent
erosion control measures should be installed where soil is disturbed and maintained until project
completion. Careful stormwater management should be maintained on this site in order to avoid
long-term water quality degradation and associated habitat losses.
A site visit on March 21, 2000 found that two streams are present on the property instead
of just one. A second tributary runs parallel to the first stream, southwest of the stream next to
Hwy 421 and the office trailers. Any fill of this tributary would be an additional issue as the
cumulative impacts from two large pipes or fills may cause impacts to aquatic habitats or water
quality functions. Both these waters appear to be discharged from the bog located on the Blue
Ridge Parkway.
It is our understanding that NCDOT or their contractor has indicated that they will fill
this area for the applicant if he obtains the appropriate permits. If this is the case, these impacts
may need to be considered as additional impacts associated with the 421 project regardless of
who applies for the permit. During the previous environmental review of impacts associated
with new Highway 421, secondary impacts for spoil sites were not addressed. We recommend
that North Carolina Department of Transportation (NCDOT) carefully review proposed borrow
and spoil areas as they relate to waters and wetlands of the United States.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769-9453.
Cc: Frank Gioscio, NCDOT
Jennifer Frye, DWQ
Eric Alsmeyer, USACOE
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Sterling C. Carroll
Post Office Box 1549
Boone, NC 28607
Dear Mr. Carroll:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 3, 2000
DWQ #% 3-% c?)o 37/
Watauga County
On March 21, 2000 the Division of Water Quality (DWQ) was notified by receipt of
your application regarding your plan to fill streams for the purpose of development in Watauga
County. Approval from DWQ is required to disturb these wetlands. Unfortunately the application
you sent is no longer current. The enclosed application needs to be completed and returned to us
with 7 copies of the application, supporting maps and documentation. In particular as described
in 15A NCAC 2B .0502, we will require you to locate all streams and ponds on the property.
Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to
determine your projects' compliance with 15A NCAC 2H .0500. The length of stream impact
must be reported on the application form.
In addition, the N.C. General Assembly enacted a new law effective January 1, 1999
which requires fees for 401 Water Quality Certifications. If the impact is equal to or less than
one acre of wetland (or waters) or 150 feet of streams, payment of $200.00 is required. If the
proposed fill exceeds these thresholds; the fee is $475.00. Checks should be made payable to the
N.C. Division of Water Quality and sent in with the application.
Please call me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials.
1i?IceFel
`-10 1Z7Dorney?
cc: Winston-Salem DWQ Regional Office
Wilmington Corps of Engineers
File Copy
Central Files
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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