19950047 Ver 1_Complete File_19950119

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
now
D EHNR
January 19, 1995
Watauga County
DEM Project # 95047
APPROVAL of 401 Water Quality Certification
Mr. Roger Cates
NC DOT
P.O. Box 1460
Boone, N.C. 28607
ur
Dear Mr. Cates:
You have our approval to place fill material in 0.02 acres of wetlands or waters for the purpose
of intersection improvement at NC 421 and US 221, as you described in your application dated
12 January 1994. 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,
Preston oward . P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Winston-Salem DEM Regional Office
Mr. John Domey
Central Files
95047.1tr
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

Dear Mr. Chapin:
STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JP
GOVERNOR
P.O. Box 1460
Boone, N.C. 28607
January 12, 1994
(A? 0-0
401 ISSUED
R. SAMUEL HUNT I II
SECRETARY
JAN
VVL I!
The Department of Transportation has scheduled a project to improve the intersection
of US 421 and US 221 in Watauga County. The improvement will be to widen shoulder
on US 221 to accommodate large vehicle turning movement. This project will require one
pipe carrying a stream to be extended and the channel reshaped on the outlet end of the
pipe. The stream involved is an unnamed tributary to Gap Creek. Gap Creek has the
DEM classification, WS IV Tr. Due to the proposed work, we are requesting a 404
Nationwide Permit.
I am sending a joint application form, a sketch with the proposed erosion control, notes
on pipe installation, and a marked county map.
By copy of this letter, I am requesting Ms. Stephanie Goudreau, Mt. Region Biologist
Coordinator to comment directly to you concerning the 404 Nationwide Permit request.
Since a request will be made for a temporary encroachment in the trout water buffer zone,
I am also requesting Ms. Goudreau comment directly to me concerning the encroachment.
Also, by copy of this letter, I am requesting a 401 Certification from the Division of
Environmental Management for this project.
We would like to begin construction as soon as possible. If additional information is
required, please let me know. Your early review and consideration will be greatly
appreciated.
Yours truly,
r ?gerates, P. .
District Engineer
Mr. Steve Chapin
DIVISION OF HIGHWAYS
U. S. Army Corps of Engineers
Room 75, Grove Arcade Building
37 Battery Park Avenue
Asheville, N.C. 28801
(9
Page 2
Mr. Steve Chapin
Intersection US 421 and US 221
January 12, 1995
RC:JMB
Enclosures
cc: Ms. Stephanie Goudreau, Mt. Region Coordinator, NCWRC
Mr. Doug Miller, P.E., Regional Engineer, DEHNR
Mr. Eric Galamb, Water Quality Certification Unit, DEM
Mr. W.E. Hoke, P.E., Division 11 Engineer
Mr. Neil Trivette, Area Roadside Environmental Engineer
Mr. Martin Bolick, County Maintenance Engineer?
DEM ID: q 5 O1 ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORK 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
ATTN: 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 Jf11Y ?
Telephone [phone] K ;`
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORP&,,
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : 4 C C. 04,o AQT/yI EN T Qr- 7WAA15A02 7-4 i /0ry
2. OWNERS ADDRESS: 4O Box 14(00
odR/E . NC 2fileQ2
3. OWNERS PHONE NUMBER (HOME):
(WORK): ?D4- ??05 = 530 h
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: k?OGr rA r5 AF--
'06 BD x 1-4o 0
AMA16 /VC _ x(00 7
704 - 2 os- 4996
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: w A Tn U Co A
NEAREST TOWN OR CITY: /DON (--
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Itur R sECr/Onl
DE (PS 42( ANO Us 221 WEsrE,eN QuAndANT
6. NAME OF CLOSEST STREAM/RIVER: TAI IS TO 6 ftA C Ar- K
7. RIVER BASIN: W 19W ai tz
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [X] NO [ J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO (KJ
IF YES, EXPLAIN.
10. - :IMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: D 0 2 AC RC
3/30/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED: D. O 2- 4C/C C
TOTAL IMPACTED: 0102- /402 c-
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : LXrcNd 24 IAICH &4
20 F66 r 4,vo LvG N UP Aetmox1lurc--4 y -is Fss r Dr 4NAmNeL
_R6YO010 e"MU 4:o ? x r6,VSA9A)
13. PURPOSE OF PROPOSED WORK: 6ROP05E0 /A1021C LAML ALLOW (1,)f0EN1At of
SHOUCor
2 f0 AE-TT" Ar-COmMoDr1TF_ LAR66R VENfLISS' TN2 ??N6 MOV Mgt) i
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. 7{6 OA&Y W4V ro /mPAVOC- fN7fiCSEC?rDnJ 14Vif" IN114 06 rfac A14C 572fCivrl IN
,0&6 WAY THE 6-005Iav COAJLROL m?s?SU,vCS t1c .S/t0WA) !57o td[-O IPIi?/M12r,
Aa dEQsr l m toAc rS .
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 [1C)
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 [ J NO (Xj]
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? .l MI ULTUA4L
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
NIA
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OyMER' S SIGNATURE DATE
STATE OF NORTH CAROLINA SUBJECT S14QsJlZW. P eqp-P,,o'.P _ PROJECT
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS ?OQT,C/ ('APof ?Z4 ( JA719gc& COUNTY
HIGHWAY BUILDING PREPARED BY T. 7. C . DATE STATION OVOO ?O /7400
P. O. BOX 25201
RALEIGH. NORTH CAROLINA 27611 CHECKED BY DATE STIR NO SHEET_L OF

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PIPE INSTALLATION
1. Install erosion control devices. In streams, where
necessary, rock silt screens will be used.
2. Remove material and existing pipe while limiting, as much
as possible, material and sediment from entering a stream
and/or escaping from project.
3. Prepare pipe foundation while again taking care to limit,
as much as possible, material and sediment from entering
a stream and/or escaping from project. Where possible,
new grade will be below existing stream bed. If needed,
bedding material will be clean stone.
4. Place the new pipe and compact backfill.
5. Install slope protection on outlet and inlet ends of
pipe. Also complete installation of erosion control
measures and perform maintenance as needed on existing
measures.
6. Establish permanent vegetation as soon as possible.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U?
P.O. BOX 1890 „?,?,..?
WILMINGTON, NORTH CAROLINA 28402-1890•??
REPLY TO
ATTENTION OF
February 13, 1995
Regulatory Branch
Action ID No. 199501542 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Roger Cates
State of North Carolina
Department of Transportation
Post Office Box 1460
Boone, North Carolina 28607
Dear Mr. Cates:
Reference your January 12, 1995 application for Department of the Army
(DA) authorization o x d by 20 feet a 24-inch culvert in an unnamed
tributary to Gap C ee and" shape the stream channel for 45 linear feet at
the outlet end in on'unction ith improving the intersection of U.S. 421 and
U.S. 221, in Deep Ghp Watauga ounty, North Carolina. The proposed work will
allow widening of the shoulder o better accomodate larger vehicles' turning
movement. Approximate y 0.1 ac e of headwater stream channel and wetlands
will be impacted by th work. This project has been coordinated with the NC
Wildlife Resources Comm'ssio (WRC).
For the purposes of the 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.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, those
conditions outlined in the January 24, 1995 WRC letter (which you have already
received), and provided you receive a Section 401 water quality certification
from the North Carolina Division of Environmental Management (NCDEM). You
should contact Mr. John Dorney, telephone [phone], regarding the above
mentioned water quality certification. This nationwide permit does not
relieve you of the responsibility to obtain other required State or local
approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two 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 two 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 or are under contract to
commence, in reliance upon the nationwide permit, will remain authorized.
This is provided the activity is completed within twelve months of the date of
the nationwide permit's expiration, modification or revocation.
Primed on 0 Recycled Paper
-2-
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):
ov John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Ms. Stephanie Goudreau
NC Wildlife Resources Commission
320 South Garden Street
Marion, North Carolina 28752