19950372 Ver 1_Complete File_19950407

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
LTIFWA
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[D EHNR
April 7, 1995
Watauga County
DEM Project # 95372
APPROVAL of 401 Water Quality Certification
Mr. Roger Cates
District Engineer
P.O. Box 1460
Boone, N.C. 28607
COPY
Dear Mr. Cates:
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
replacing a 36 inch pipe carrying a stream with a longer section of 48 inch pipe at SR 1351, Tom
Jackson Road, as you described in your application dated 3 April 1995. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
2671. This certification allows you to use Nationwide Permit Number 26 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 Dorney at 919-733-1786.
Sincerely,
d, Y P.E.
r
Attachment (`
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Winston-Salem DEM Regional Office
Mr. John Domey
Central Files
95372.1tr
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
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401 ISSUE
STATE OF NORTH CAROLINA
DEPARTMENT OF TRkNTSPORTATION
JAMES B. HUNT, JP,
GOVERNOR
Mr. Steve Chapin
U.S. Army Corps of Engineers
Room 75, Grove Arcade Building
37 Battery Park Avenue
Asheville, N.C. 28801
Dear Mr. Chapin:
DIVISION OF HIGHWAYS
P.O. Box 1460
Boone, N.C. 28607
April 3, 1995
R. SAMUEL HUNT I I I
SECRETARY
The Department of Transportation has scheduled a project to grade, drain, base, and
pave SR 1351 Tom Jackson Road in Watauga County. Due to right of way refusals the
project has been shortened to a 0.33 mile section from SR 1334 to SR 1333. This project
requires the replacement of a 36 inch pipe carrying a stream with a longer section of 48
inch pipe. The stream is an unnamed tributary to Grassy Creek, DEM classification C.
We are requesting a 404 Nationwide Permit for this work.
As part of Action ID. 199302474 NWP 26, approval was given for extending this 36
inch pipe four feet. The permit was dated June 4, 1993, and included repairs from flood
damage. A 401 Water Quality Certification was applied for, DEM Project # 93349, but
was not required. The pipe needs to be upgraded as part of the project.
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 the previous pemfit was a NWP 26 with less than one third of an acre of
wetlands, I do not think a 401 Water Quality Certification will be required.
If additional information is required, please let me know. Your early review and
consideration will be greatly appreciated.
Yours truly,
Ro er Cates, P.E.
4-
District Engineer
9
Page L
Mr. Steve Chapin
SR 1351 Tom Jackson Road
April 3, 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?
t
DEM ID: -15 -3 / ACTION ID: _
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #): ?2
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
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING 1101 ISSUED
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT,-, 11-1-4
AND NATURAL RESOURCES 0 w
P. O. BOX 2 9 5 3 5
c .
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY 7
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, QQ0.4ie'rM,6Nr nr T2AN. 0fQ/Z7 7'/Onl
2. OWNERS ADDRESS: PO QDX /*(PO
AwAjG Nc 2 *6, 1'?
3. OWNERS PHONE NUMBER (HOME):
(WORK) : 764- 265- 53b6
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: aPOGC2 rA rEsi P.E.
e? a ox- /4600
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: WATA U6A
NEAREST TOWN OR CITY: 800 N C
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): !Q 135
T/IM /AC1(<DA) j?oAn AT 11VrERSEC7701V V/T/-/ s2 133-4
6. NAME OF CLOSEST STREAM/RIVER: r A S S y l g-E c-K
7. RIVER BASIN: N 6 (") g I (l c m
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS 117 YES [ ] NO [1(J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [K] NO [
IF YES, EXPLAIN. ACTION ID 1 9 93 0247-+ NwP 24 AEM X33+Q- PF?MlT W44
I'D EJi ov P/oE 4 FEET ALOW& Wirn 9EPA1,91m6 114.0 04MA66.
10. :ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: <(1) / ACA!6
- 'L/nS -
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 : L O.
TOTAL IMPACTED : -40.1 4 CIZ C-
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : "4r'l 4A/ ,Cx/St/il//
13. PURPOSE OF PROPOSED WORK: 77v/S IS a°A/d7 dF Ql
,OrA/IV? aan towc <,e /sS/ &ma2 SA /334 TD -5-A /3-;-3
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. I°/PE n/E,--lS -rO 13E (/e",912fa 7n AN ACC: A?Adl c -grl2er ,q/yp GFN6T?i;
A[Sn ?/1A/D/7//Ju or 1--14S DETi?.t/AQL?Tia . EPOS/DAL e-;vv
DL /J1?cA? dRC-C A?
SbE2uLN <hWfWZR MIA&M12E AIO F_P C- //F_rLAAID /M1-7,*CTS.
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 [xj
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? ??S/Denrr??FL Af2lut ruRAL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
% A//A
OWNER'S SI NATURE DATE
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS CW
P.O. BOX 1890 w.,
WILMINGTON, NORTH CAROLINA 28402-1890 •?•
REPLY TO
ATTENTION OF
August 10, 1995
Regulatory Branch
Action ID No. 199504527 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Martin Bolick
State of North Carolina
Department of Transportation
Post Office Box 1460
Boone, North Carolina 28607
Dear Mr. Bolick:
Reference your July 19, 1995 application for Department of the Army (DA)
authorization to extend a 36-inch culvert for 10 feet in the channel of an
unnamed tributary to Grassy creek, along S.R. 1351 (Tom Jacks , near
Sands, in Watauga County, North Carolina. This is being do as p rt f the
proposal to grade, base, pave, and drain the road. Less t an one-tent of an
acre of headwater wetlands and stream channel will be imp cted by the ork.
This project has been coordinated with the NC Wildlife Re urces Co fission
(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 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 until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
Printed on 9 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):
John Dorney
later Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607