19940326 Ver 1_Complete File_19940407

State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management -N
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary ED E H F*sJ F1
A. Preston Howard, Jr., P.E., Director
April 12, 1994
Mr. Barney O'Quinn
Planning and Environmental Group
NC DOT
P.O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. O'Quinn:
Subject: Proposed fill in Wetlands or Waters
Sediments basin removal,I-26 near Tryon
Polk County
DEM Project #94326
We have reviewed your request for 401 Water Quality Certification to
place fill material in 0.40 acres of wetlands or waters which are tributary to
N. Pacolet River for sediment basin removal located at I-26 near Tryon in
Polk County as described in your submittal dated 4 April 1994. Based on this
review, we have determined that the proposed fill is covered by General Water
Quality Certification No. 2671. A copy of the General Certification is
attached. This Certification is necessary for coverage under Corps of
Engineers' Nationwide Permit No. 26. This action completes DEM's review under
Section 401 of the Clean Water Act.
If this Certification is unacceptable to you, you have the right to an
adjudicatory hearing 'upon written request within thirty (30) days following
receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
_7N
?Pr ston Howard, J P.E.
94326.1tr
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]
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT I II
GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201 SECRETARY
April 4, 1994
401 ISSUED
District Engineer
Army Corps of Engineers
P. O. Box 1390
Wilmington, North Carolina 28402
ATTENTION: Regulator: Branch
Dear Sir:
Subject: Polk County, Removal of a sediment basin near I-26,
Tryon, North Carolina. Division Maintenance
project.
The North Carolina Department of Transportation (NCDOT)
intends to remove a sediment basin in Polk County which was
constructed to control runoff from construction,
reconstruction and maintenance activities on I-26 and Howard
Gap Road northwest of Tyron. This work was underway in the
late summer and early fall of 1969 when substantial rainfall
caused large amounts of soil, sand, gravel and other
materials to wash onto property adjoining the right-of-way.
The NCDOT worked to minimize and repair the damages to the
adjoining property by placing riprap along the stream banks,
installing drainage pipes across the roads, resurfacing part
of a driveway and a bridge with blacktop, constructing dikes
along the banks of watercourses, and installing a silt catch
basin.
Subsequent to this work, in December, 1978, an agreement
was signed between the NCDOT and the property owner. This
agreement acknowledged the remedial work that had already
been performed, and specified further commitments by NCDOT.
Based on these commitments, the property owner released her
claims for damages to her property. The first commitment by
NCDOT contained in the agreement reads as follows:
"Upon request from Mrs. Walcott, or her heirs, devisees,
authorized agents, assigns, administrator, executor or other
personal representative, the Department, or its successive
agencies, will remove the silt catch basin located on her

property, grade its site to conform with the surrounding
topography, seed and mulch the graded area and repair any
damages to the remaining Walcott property caused by the
removal and grading operation."
The property owner has requested that the NCDOT remove
the sediment basin pursuant to this agreement. Some
coordination regarding this situation has taken place between
our staff and your Asheville office. It is the opinion of
your staff that the basin site now contains jurisdictional
wetlands, and the removal will require a permit.
We anticipate that this proposal can be authorized under
Nationwide Permit No. 26. Enclosed is a permit application
for your review. A copy of this information is being
provided to the N.C. Division of Environmental Management and
the N.C. Wildlife Resources Commission for their review.
If you have any questions or need additional
information, please call Mr. Gordon Cashin at [phone].
Sincerely,
B. O? n
Assistant Manager
Planning and Environmental Branch
BJO/gec
Attachment
cc: Mr. Robert Johnson, COE, Asheville
Mr. John Dorney, NCEHNR, DEM
Mr. Mickey Clemmons, NCWRC
Ms. Stephanie Goudreau, NCWRC
Mr. Kelly Barger, PE, Program Development Branch
Mr. Don Morton, PE, State Highway Engineer-Design
Mr. A.L. Hankins, PE, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. V.A. Edwards, PE, Division 14 Engineer
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Discric
(GS 113.229, 143-215.3(a)(1), 143.215.3(c), 113A-119 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
I. Applicant Information
A. Name North Carolina Department of Transportation; Planning & Environmental Unit
Last First Middle
B. Address P. 0. Box 25201
Street, P. O. Box or Route
Raleigh NC 27611 [phone]
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Polk
S. 1. City, town, community or landmark Tryon, NC
2. Is proposed work within city limits? Yes No X
C. Crude, river, sound or bay upon which project is located or nearest named body of water to project
Tributary to North Pacolet River _
111. Description of Project
A. 1. Maintenance of existing project 2. New work Removal of sediment basin
B. Purpose of excavation or till Remove tmeporary sediment basin Restore to original contours
1. Am,% channel length width depth
?. ?dli?b:?sin length 125 avg width 140 avg depth5.0 avg. (0.40 acres)
3. Fill area length width depth
4. Other length width depth
C. I. Bulkhead length N/A Average distance waterward of MHW (shoreline)
. 2. Type of bulkhead construction (material) N/A
0. Excavated material (total for project)
1. Cubic yards 3200 cubic yards 2. Typc of matcrial sand and silty clay
E. Fill matcrial to be placed below MHW (see also V1. A)
1. Cubic yards None 2. Type of material N/A
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Does the disposal irea include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location Above wetlands
2. Do you claim title to disposal area? N/A
U. Fill material source if fill is to be trucked in NSA
E. How will excavated material be entrapped and erosion controlled? silt fences and temporary rock sediment
dams
I . I vpc of equipment to be used bulldozer, bakchoe, dump truck
G. Will marshland be crossed in tramporting equipment to project site? If yes, explain No
D& F-81
p?v UVIR
V. Intended Use of Project Area (Describe)
A. 1. Private Restore for private use
2. Commercial
3. Housing Development or Industrial
4. Other
B. I. Lot size(s) N/A
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY
CONSERVATION OTHER (See CAMA
VI. Pertaining to Fill and Water Quality:
Use Plan Synopsis)
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes X No
2. Type of discharge Surface runoff
3. Location of discharge over surface of restored contours
V11. Present rate of shoreline erosion (if known): N/A
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permiu for
work in project area, if applicable: None
IX. Length of time required to complete project:
2 months
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is_not claiming to be the owner of said property,
then forward a copy of the deed or*other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. -Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registerea or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian.landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Eugenia B. Walcott, P. 0. Box 179, Tryon, NC 28782
Owns all property surrounding sediment basin
X1. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity, -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner cons;%r.--u with such program.
XI1. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, rifling, and land clearing.
)ATE ?-
Ap licant's Signature
t)i F•82
Rtv. 10/78 - SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
PLEASE BE SURE THAT:
Mail SM copy to:
- Both copies are completed '
- All blanks are filled in
-- You have signed both copies
If you have any questions please all your regional field office.
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C 28402
(Note: attach Corps transmittal letter)
Phone: [phone]
AND
Mail one copy to your regional field office as indicated on the map below:
/r Gates , -
t of Chowan River and south of Pamlico Riveri Hertford S
uding southem half of Beaufort County. ,j•--- ! 4a; ?'d?
Coastal Management Fiel(i Services .'? coo e `
1502 N. Market Street
Washington, NC 27889 ?. v
919/946-6481
(./,?•? sningtor?)Tyrrell n?
7 -A
Beeauuffort
Hyde

PQrXW
Now?
r? Hanover
8runsw?et
t
Craven
Pamlle0
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East of Chowan River and north of Albemari, So,
to Virginia border, including northern Dare
and outer banks to Ocracoke Inlet.
Coastal Management Field Services
108 S. Water Street
Elizabeth City, NC 27909
919/338-0206
South of Pamlico River and Beaufort County to
New River including barrier islands from Ocracoke
Inlet to north of New River Inlet.
Coastal Management Field Service
P. O. Box 769
Morehead City, NC 2,,,, r _
9191733-2160 or 726-7021
South of New River Inlet to South Carolina border.
Coastal Management Field Services
7225 Wrightsville Avenue
Wilmington, NC 28403
9191256-4161
N.C.
S.C.
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