HomeMy WebLinkAbout19950218 Ver 1_Complete File_19950302State 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
A 'F
14
ED FE F1
March 8, 1995
Person County
DEM Project # 95218
APPROVAL of 401 Water Quality Certification
Mr. Ken McEntire
NC DOT
815 Stadium Drive
Durham, N.C. 27704
FILE COP,
Dear Mr. McEntire:
You have our approval to place fill material in waters for the purpose of road maintenance at
SR 1729, Rougemont Road, as you described in your application dated 2 March 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 30 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.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Domey
Central Files
Ps ton Howard, Jr.
95218.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
;: NOILU CATION FORM SR 1'729 RovCrEMnNr RD.
INFORMATION SHEET PERSON C-0-
Nationwide permits that require notification to the Corl
Nationwide permits that require application for Section 4
NOT71CATION TO TEE CORPS OF ENGINEERS DISTRICT Er
Eli B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMr.,Nx AeFLICATTON RE-
UIRE' ENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
rtain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards orthe discharge is in a special aquatic site and must include.
a delineation of the affected special aquatic site, including wetlands)
NWT 21 (must include a delineation of affected special aquatic sites, including wetlands)
N. "26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
r activities that may be authorized by the above listed nationwide permits that require notification, the
plicant shall not begin work
a. Until. notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit maybe required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency demon if
the activity will affect the coastal area.
se of NWP 12 also requires notification to the District Engineer, but work may not begin until written
mcurrence is received from the District Engineer. The time periods described above do not apply.
urthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
sheries Service (NUTS), and the State Historic Preservation Office (SBPO), as indicated below and on the
)tification form, do not apply.
APPLICATION TO DEM FOR NATIONWIDE PEILNM SECTION 401 CERTIFICATION.
srtain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
ley are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, .NW 38, and NWP 40.
ertain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
WF 5, NWF 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NW? 27, NWP 32, NWP 36,
A NWP 37.
ie following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
ss than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (far projects with less than 10
ibic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-thud acre fill of waters or
elands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
Fi„* atta? form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
=vironmental Management as specified above. The penrittee should make sure that all necessary information is
*ovided'in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
:opies are required by DEM. Plans and maps must be on 8 1/2 x I 1 inch paper.
3ndangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Nildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
>e affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone (919) 8564520
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone (919) 728-5090
11storic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
"reservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone (919) 733-4763
iformation obtained from these agencies should be forwarded to the Corps.
r
DEM ID: 9 5 a) ACTION ID: 401 ISSUED
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO ;
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535 2 1995
ATTN: CESAW CO-E Raleigh, NC 27626-0535
Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083 WETLANDS GRI'DU
WATER I?ALETY S C` °v..-
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. Department of Transportation
2. Owners Address: 815 Stadium Drive, Durham, North Carolina 27704-2713
3. Owners Phone Number (Home): (919) 319-9320 (Work): (919) 560-6854
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Ken M. McEntire, P. E.
815 Stadium Drive
Durham, North Carolina 27704-2713
5. Location of work (MUST ATTACH MAP). County: Person
Roxboro
Specific Location (Include road numbers, landmarks, etc.): SR1729, From SR1731 to Durham County Line
Nearest Town or City:
1.8 mile in length
6. Name of Closest Stream/River: Camp Creek
7. River Basin: Neuse
8. Is this project located in a watershed classified as Trout, SA HQW RW, WS I, or WS II? YES [vl' NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [ W' .
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: N/A
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
N/ A
Filled:
Drained: N/A
Flooded: N/A
Excavated: N/A
Total Impacted: N/A
t
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Grade, drain base and pave existing nnpavPd road-
Total length of project is 1.80 miles.
13. Purpose of proposed work: To bring existing unpaved road to current safety standards.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. N/A
.a
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( J NO [`'r
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 [ ] 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? Residential
F. If applicable, what is proposed method of sewage disposal? N/A
Z- 24
Owner's Signature Date
lY LIGHTHOUSE
+ COAST GUARD STATION
CANAL
NARROW STREAM
WIDE STREAM
DAM WITH LOCK
DAM
RESERVOIR, POND,OR LAKE
5765 PROMINENT PEAK, NUMERALS
INDICATE ELEVATION
W
^ ROAD THROUGH MOUNTAIN PASS
lF? HIGHWAY BRIDGE,OVER 20 FT.
J DRAW SPAN ON BRIDGE
HIGHWAY TUNNEL
FORD
STATE LINE
7 COUNTY LINE
_
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RESERVATION OR PARK BOUNDARY
INSET AREA
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PERSON COUNTY
NORTH CAROLINA
PREPARED BY THE
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DIVISION OF HIGHWAYS-PLANNING AND RESEARCH BRANCH
IN COOPERATION WITH THE
U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
KEY TO COUNTY ROAD NUMBERS SCALE
'AP INCLUDES ONLY STATE MAINTAINED ROADS ALSO HUMURS 1001 I, O 1 2 3 4 MILES
)R IMPORTANT NON-SYSTEM ROADS.
AILEAGE NOT SHOWN ON FRONTAGE ROADS. ~0 0.5 I MLLE
LOADS SHOWN AS OF JAN. 1, 1990.
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