19930306 Ver 1_Complete File_20100726

State of North Carolina
Department of Environment,
Health and Natural Resources A14 YA
Division of Environmental Management James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary C)E H N P
A. Preston Howard, Jr., P.E., Director
June 9, 1993
Stephen Moore
District Engineer
Route 1, Box 169C
Marion, N.C. 28752
Dear Mr. Moore:
Subject: Proposed fill in Wetlands or Waters
Stream channel stabilization, SR 1217
McDowell County
DEM Project # 93306, COE # 199302158
Upon review of your request for 401 Water Quality Certification to place fill material in
0.1 acres of wetlands or waters which are tributary to Catawba Creek for streambank
stabilization located at SR 1217 in McDowell County, as described in your submittal dated 5
May 1993, we have determined that the proposed fill can be covered by General Water
Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
4.eston Howard, Jr.
93306.Itr 77
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
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
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON. NORTH CAROLINA 28401--1890
IN REPLY REFER TO
May 18, 1993
Regulatory Branch

LI ('ry c9-f'
Action ID. 199302158 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Stephen A. Moore
State of North Carolina
Department of Transportation
Route 1, Box 169-C
Marion, North Carolina 28752
Dear Mr. Moore:
Reference your April 14, 1993 application for Department of the Army
authorization to perform a channel change in Garden Creek, along S.R. 1217,
near Marion, in McDowell County, North Carolina. The purpose for the project
is to stabilize the banks and protect the home of Ruth Johnson from erosion.
Less than one-tenth of an acre of headwater stream channel and no wetlands are
to be impacted by the work. This project has been coordinated with the NC
Wildlife Resources Commission (WRC).
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 1 acre of waters of
the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
-- accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. It is recommmeded that you contact Mr. John
Dorney with the State of North Carolina, at telephone [phone],
to insure that you have complied with state water quality certification
requirements.
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
,X ' John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Chris Goudreau
Route 6, Box 685
Marion, North Carolina 28752
DEM IDs 913306 ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT /):
JOINT APPLICATION PORN FOR
NATIONWIDE PERMITS THAT RI' CATION TO CORPS OP ENGINEERS
NATIONWIDE PERMITS THAT N 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGIN]?
CORPS OF ENGINEERS /`
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890,
ATTNt CESAW-CO-E
Telephone [phone]
WATLR? ,g?'JlL PLANNING
DIVISION OF NVIRONMLNTAL MANAGEMENT
NC'{pARTMENT OF ENVIRONMENT, HEALTH,
??v,% AND NATURAL RESOURCES
,0 BOX 29535
SIGH, NC 27626-0535
ATT?N: 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
ENVIRONMENTAL MANAGEMENT:' PLEASE PRINT.
1. OWNERS NAME : De e-,?n + -? ro` v? s o r a o Y1
2. OWNERS ADDRESS:
C-
3. OWNERS PHONE NUMBER (HONE):
4. IF APPLICABLE: AGENT'S
PHONE NUMBER: 6A-e.c
(WORK): -job-(oS2. 3344
OR RESPONSIBLE CORPORAT OFF CIAL,,ADDRESS,
A . M 00V'2.. i).s Cc-? ?nA,?IefX
'M Do e-?
5. LOCATION OF PLANNED WORK (ATTACH HAP). COUNTY: w
NEAREST TOWN OR CITY: _[:y A O (\
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LAND S, ETC.):
121-1 O. 3 9 o u \e. Ni j e--s -t o -fir S IPL- \
6. NAME OF CLOSEST STREAM/RIVER: a W b 0- ?`??Y
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED
WS I, OR WS II? YES ( ) NO
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIO
PROPERTY? YES ( ) NO ?Q
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WA
WETLANDS, LOCATED ON PROJECT SITE:
S I F I E 4_yj , ORW,
Y REQUESTED FOR USE ON THIS
,. , CLUD UG
3%30%73',
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED: 0- C'> 1
TOTAL IMPACTED: _ Q,O
12. DESCRIPTIQN OF PROPOSED WORT( (ATTACH PLANS) : C+r? n I C I/? p? y?
o? r - Q 1 r e'
13. PURPOSE OF PROPOSED WORK: A D S a b l Z e., bar ?(? S Q n J
rt.\f e 'V?-* oSL G-. Y'\ eC-r u
n5' oM?
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO,, NOTE MEASURES TAKEN TO MINIMISE WETLAND
IMPACTS. e. Y'O S l ? O -? b 0_*,
c-
$ c? bou ?erY o n,? ',` ?'1
o r ??, e ire ? lr 1N 1 N 01 O ?S v Ne,
eM ceS g.o? s ` u ,? r e s s u c_ ?. (? oS r P- f C c,
15. OU ARE REQUTREI? TOOtCO TACT 2'HE 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 RESPONSES FROM THE USFWS AND/OR NMFS SHOULD HE 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.
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? re-s 1?4?r?-?lQK
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
4
OWNER'S SIGNATURE DATE
MEMO ,
DATE:
- l/
TO: SUBJECT:
r
r
From:
.r+sSiAT?' ;a;4
North Carolina Department of Environment,
Health, and Natural Resources
^* ,4 ? ?_ ?? Printed on Recycled Paper
.? SWI a
d
K
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 21, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Stephen A. Moore
District Engineer
Route 1, Box 169C
Marion, N.C. 28752
Dear Mr. Moore:
Subject: Proposed fill in Wetlands or Waters
Stream channel stabilization, SR 1217
McDowell County
DEM Project # 93306
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.01 acres of wetlands or
waters which are tributary to Catawba River for streambank
stabilization located at SR 1217 near Ms. Ruth Johnson's property
in McDowell County as described in your submittal dated 13 April
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2665 issued January 21,
1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 13.
If you have any questions, please contact John Dorney at
919-733-1786.
Sin erely,
1 F_-
Preston Howard, J P.E.
93306.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
„a STATE u
STAI E OF Nc)Rj-j I CAROLINA
DHARTMEN % . NS1'0RTAT10N
IAMFS [i. IiuNr. )R. SION OF J#JJOWAYS
GOWRNOR 4
?y
r( jj 3
L? • t ...
Route 1, Box 1690
Marion, NC 28752
April. 13, 1993
McDowell County
Mr. Steve Chapin
U.S. Army Corps of Engineers
317 Battery Park Avenue
Room 75, Grove Arcade Bldg.
Asheville, N. C. 28801
Sub,jec.t: Proposed Channel. Change
SR 1217 - on the property of.
M!?;. Ruth Johnston
Dear Mr.. Chapin:
I am attaching a sket(-h,
form for a nationwide per-mil.,
relative to a proposed c-h.?.31inel
RoLh ,.Johnston.
SAM I ION I
S1(:RHARY
cross sections, an application
and a county map section
change on the property of Ms.
The channel change is necessary to stabilize the
increased bank erosion along the creek located adjacent to
Ms. Johnston's home. A!: :shown on the plan, we propose to
line the slope with rip-rap.
By copy of this letter we are asking Mr. Chris Goudreau,
North Carolina Wildlife Resources Commission District
Fisheries Biologist, to comment directly to you concerning_
the nationwide permit request..
Also by copy of this letter, I am sending seven (7)
copies of the application to the Division of Environmental
Management.

Page 2
Proposed Channel Change
SR 1217
Your earliest consideration for this request will be
appreciated. If any further information is needed, please
advise.
Cordially,
Stephen A. Moore, P.E.
District Engineer
DiNkr.ict 1, Division 13
SAM/GRW:cal
Attachments
cc_.: Mr. W. D. Smart., P.E.
Mr. R. Y. Harlow
Mr. Chris Goudreau
Mr. Eric Galamb
Mr. Richard Phillip;
DEH IDs 9c5306 ACTION ID!
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT /)s
JOINT APPLICATION FORM 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.
ATTNt 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
ENVIRONMENTAL MANAGEMENT.' PLEASE PRINT.
1. OWNERS NAME: N. C. . ??e
2. OWNERS ADDRESS: V__? .
TraV11SO0r-4aL6Y1
(0 ? L
3. OWNERS PHONE NUMBER (HOME):
(WORK): 1oL1-GS1- 3344
4. IF APPLICABLES AGENT'S NAME OR RESPONSIBLE CORPORAT?j OFF{CIAL, ADDRESS,
PHONE NUMBER: S-'-e- 0 h -r A,1 A ? 00 rC- l? I S tY
ri
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: .M C ?O W e--
NEAREST TOWN OR CITY s L-,Iv r A d (\
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
S 2. \-1 O. 3 ) o u E- ?. ?.l e-s _-V S C, \ -LC)
6. NAME OF CLOSEST STREAM/RIVERS C_0.?t'a W b a. ??y?Y
7. RIVER BASINS
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( ) NO Dd
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO D..q
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: QU U-C..Y-e?s
3/30/92
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED: C7.?
TOTAL IMPACTED: O
12. bXSCRIPTIQN OF PROPOSED WORK (ATTACH PLANS): G kann t- l G L -,n
Ot v-,
Q 1 r? 1.?
13. PURPOSE OF PROPOSED, WORK: D S a b i Z?- 11_
Y'?v? oS?or• v1?ct r D0.r5 Qr1d
nS ?'? oM?
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO,, NOTE MEASURES TAKEN TO MINIMISE WETLAND
IMPACTS. ?®n %N U a i e Y`O S L Ov. O -? IlJS 0.bou 2
Sval w?aetSu re_s Iu rk o s r. N I N O S v v'e...
e,r, ?e s / `,? pp c?-, c c ate. , +
15. OU ARE REQUIRED TO CONTACT THE.U.S.
(USFWS),AND/OR NATIONAL MARINE FISHERIES SEFISH RVICEN(NMFS)LREGARDINGCTHE 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?
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
HAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO?
RESPONSE FROM THE SHPO SHOULD BE FORWARDYES NO
ED TO CORPS.` ]
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND bELINEATION 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.
1!r• WHAT IS LAND USE OF SURROUNDING PROPERTY? V-E? S LA*-l+taj_
F• IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
3
OWNER'S SIGNATURE DATE
fq'7 • • I
V
a
V
V t?
Q ?
? Q

3
W
W
a
a
t
ti r4 ? X00
• V
M
0 tz,
h av ? Q ? r
+I ?? h V ???? N
?A tL
f3S
E
1
I? I
i-1 ti o
i

?t
l
j ?
V Q ?.
Q
11-1

e ?.
o.-
0
A-
ql
o? o
l?k
i
%- d
-1` z k
O
? v
,?,n'..v rr.p•..M•,MMIVM?l?.?I,W •N!•J ,. .. ,••?'JC Si', I.y....wr... .:a..,,? . .. ... ..... ,. '!f :it: cam.-+,v.?....... r... ..-.M/a???W?r1AhMM?MYnM::w,?r
w 'c
LU
\ J
?x1 S ?\ ? 1 ? / -? _ -_ ? `? 4/ i• , M? . ? [:? i:l Sr Q C I ? _ .? a 0
• ?.? l°':u ur o h ? c
50
A II'? ,l• q ? ?/ n' ° ?o os r yr if /R?p' ? 'e =I ? ? ?
i
7C rw ? f +'i'
.,o q RI RI R) w O o ; r
r
O, \? ,J ?l llr 1"1 O
f o' ? 1 ?7' \ 7a r
sM7,, sl. +..?.,
a. ??? r a svi ?\ V I
1 q ti // ? rr• x '?/ / A o r, J H / y
o ?,y., P1J zz
i0 RI
LLJ
W Z //. / / .. nl • I I -1 q
Ix = \7
,? < v ?? -1 \ ?0 ry ? is nl r j ?9
u• n
p y v° o
7
.. 01. 01
Sv1 a?, I
r , V
' as? SN W
o ?o / tl c