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19950863 Ver 1_Complete File_19950814
State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 17, 1995 Caldwell County DEM Project # 95863 APPROVAL of 401 Water Quality Certification Mr. Daniel Holderman Bridge Maintenance Superintendent NC DOT 1296 Prison Camp Road Newton, N.C. 28658 Dear Mr. Holderman: You have our approval to place fill material in waters for the purpose of replacing Bridge # 337, SR 1348 over Setzer Creek, as you described in your application dated 9 August 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2735. This certification allows you to use General Permit Number 031 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. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sinc ly, ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Domey Central Files 95863.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equcl Opportunity Affirmativ© Action Employor 50% rocycled/ 10% post-consumer papor q 5?c03 IrA 1SSUE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT. IR. GOVERNOR DIVISION OF HIGHWAYS August 9, 1995 1296 Prison Camp Road Newton, N. C. 28658 Mr. Robert Johnson, Office Manager Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, N. C. 28801-5006 Dear Mr. Johnson: SAm HUNT SECRETARY The North Carolina Department Of Transportation Bridge Maintenance Unit, proposes the following project for your issuance of a Section 404 permit. The project involves a designated mountain county in Western North Carolina and we believe this project can be accomplished under General Permit No. SAWC082-N-000-0031. COUNTY: Caldwell LOCATION: Bridge #337, SR 1348 STREAM: Setzer Creek DESCRIPTION:Replacement of existing Bridge #337 with 1 line of 117"x79" CMPA. No wetlands nor HQW involved. DEM designated troutwaters involved. Less than 100 cu. yds of fill materials below normal highwater. With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources Commission and requesting issuance of 401 Water Quality Certification from the N. C. Division Of Environmental Management. We have attached a site location map, and a sketch of planned activities. A stringent erosion and sedimentation control program will be implemented during the project construction and every effort will be made to complete work in a timely manner. Our personnel are available to assist with your evaluation of this project, if necessary. Should you have any questions, please call me at 704-466-5525. Attachment: CC-Ms. Stephanie Goudreau File S' rely, Daniel D. Holderman Bridge Maint. Supt. DEM ID: ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER 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 (919) 251-4511 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 (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. 1 . OWNERS NAME : ,(JG?T?1 G?4?y C. i?7F? C/?.1r? r/?? r T?.cJsPd>2 i X770 2. OWNERS ADDRESS: T, )z' 4„c 3. OWNERS PHONE NUMBER (HOME): 4. IF APPLICABLE: AGENT'S N?ME OR RESPONSIBLE PHONE NUMBER: i) l?t=L t7 f?JG "4-F ' '4' lJ <J?n? cJ? %f3Z' (WORK) : 724 -aC:1,- 5-fZ ORATE OFFICIAL, ADDRESS, 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: C?G)w?cL NEAREST TOWN OR CITY: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): z;?? 6. NAME OF CLOSEST STREAM/RIVER: 7. RIVER BASIN: LIr¢? ?,, 2ivE?, _ 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT SA, HQW, ORW, WS I, OR WS II? YES [ •?J NO 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 WETLANDS LOCATED ON PROJECT SITE: ,n7 • t - . -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 12. DESCRIPTION-,:OF PROPOSED WORK (ATTACH PLANS) : rP??ir cz.,F ;? v?? //7"'1A 7`5 cam. oA 13. PURPOSE OF PROPOSED WORK: 114. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. 15. 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 ATTACHED. 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 [ J NO ( ??]' ,J? RESPONSE FROM THE SHPO SHOULD BE ATTACHED. ,v?? ?? ?,«GTZr2?? 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? c??Y7Z'2+-5_ F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? -DWIIER`5--S- f UA`PURE- n n TF 11 12 13 A 3 %I J. ha r 13LS ,9) 1 ev 1580 'a s ue] 111! 1 ?O 7 17)2 E? 7 171) ?? fA5 ]I 1319 7s 19 ? \ RIVER A0 ? y S? /169 x 1 ]° 37 1311 rAp??N 1 52 1511, :fie;' trS PISGAH C55 NATIONAL 267 FOREST / ?• 1I 37 ? .. e ye 1eo] Shiloh Oh... -° `Q 3L l]3i Le ]0 t? 1130 Warrior 1]11 ho ]5] 1770 ° o 0 ? ar \ /A? 177o Q 44 INDIAN GRAVE GAP 0 130 135' U ? 1? uee 90 5 e se C54 30 /a 39 33 lei o !? ? 1 ]g p0 u, L2 LL2_1 371 F?S C351 N ?. ?..? ] e C?? J go 1 /r H L3 41 h 1!7] 1 Vie: 140.9 Y f i 17]9 134 10 Is, - !7 / 1581 1311 5 r ' 0? 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