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HomeMy WebLinkAbout19950373 Ver 1_Complete File_19950407State of North Carolina Department of Environment, "Av Health and Natural Resources Ar* Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ED E H N F? A. Preston Howard, Jr., P.E., Director April 7, 1995 Watauga County DEM Project # 95373 APPROVAL of 401 Water Quality Certification Mr. Roger Cates District Engineer P.O. Box 1460 Boone, N.C. 28607 Dear Mr. Cates: You have our approval to place fill material in 0.05 acres of wetlands or waters for the purpose of replacing existing 24 inch with two lines of 48 inch pipe on SR 1600, Hampton Road, as you described in your application dated 4 April 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. Sincerel est4onk'ard, Jr. P. . Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Winston-Salem DEM Regional Office Mr. John Dorney Central Files 95373.1tr 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 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 A,,:w*wA 'I"V ??tk)A? ?EHNR April 7, 1995 Watauga County DEM Project # 95373 APPROVAL of 401 Water Quality Certification Mr. Roger Cates District Engineer P.O. Box 1460 Boone, N.C. 28607 FILE COl?` Dear Mr. Cates: You have our approval to place fill material in 0.05 acres of wetlands or waters for the purpose of replacing existing 24 inch with two lines of 48 inch pipe on SR 1600, Hampton Road, as you described in your application dated 4 April 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. 276 1 1-7447. 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. Jr. P. . Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Winston-Salem DEM Regional Office Mr. John Dorney Central Files 95373.1tr 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 n?ho STATE OF NORTH CAROLINA DEPAPUMENT OF TRANSPORTATION JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT I I I GOVERNOR SECRETARY P.O. Box 1460 Boone, N.C. 28607 401 I"SiiED April 4, 1995 Mr. Steve Chapin U. S. Army Corps of Engineers 151 Patton Avenue, Room 143 Asheville, N.C. 28801-5006 Dear Mr. Chapin: The Department of Transportation is proposing to replace existing two lines of 24 inch pipe with two lines of 48 inch pipe on SR 1600 Hampton Road in Watauga County. During high water flow the stream leaves its channel causing damage to property owners and to the roadway. The stream is an unnamed tributary to Laurel Branch, DEM classification C Tr. We are requesting a 404 Nationwide Permit for this work to be done by the . 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. Also, by copy of this letter, I am requesting a 401 Water Quality Certification from the Division of Environmental Management. If additional information is required, please let me know. Your early review and consideration will be greatly appreciated. Yours truly, R Cates, P.E. District Engineer Page 2 Mr. Steve Chapin SR 1600 Hampton Road April 4, 1995 RC:JIVIB 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: X153-7 ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT): JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCUFJ=CE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION 401 ISSUED 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 19c,': Telephone (919) 733-5083 7 . 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, yelomerm,6Nr 6jz* 72ANSPo/zrj47'/erv 2. OWNERS ADDRESS: Po SOX /4100 ,CAME , NG 2 S60 3. OWNERS PHONE NUMBER (HOME): (WORK) : 7&.4-26T-53,86 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: &r-6fL rA r6S y P, C, e6 'sox- /460? C 7 764- 2 - S3$O 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: UZA Ta a 6 6 NEAREST TOWN OR CITY: LgonA/ r-- SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): :j?/1 /(00 14AI'?1ProN RO Ao - -3t76 F F r -oazW of 52 15-11 6. NAME OF CLOSEST STREAM/RIVER: -rR1Rf/7ARV ZM L-)L/,eCL AXAAIGN 7. RIVER BASIN: _vpyYlN - e c6 ac!l 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS 117 YES ['(] NO [ J 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ J NO (?J :F YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 4c r c- 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 : 0. 0!5;, Ar2G TOTAL IMPACTED: _Q,D S RC/ZE 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : 4,cPLArr T/i/o I--INE4; OF 24 I NC fl e I PF !tl I T N TtuO G/NC- S j or 4A IAICN Dior W l rU rn tvocriF sa&n QQ G HFAodga- oAl //VLer --NO A4.50 L/,t/C STXEAA? ALn nun AIS fI/.t r iE c ON 1N461 ANQ ONTL.E r END OF P/PG . 13. PURPOSE OF PROPOSED WORK: QPE LAC e 11)174 I-AtZg6je ,01,06,5 SAo&z o !D Are occuR11ENCe t oo' -5-r"4m .4E4UI,y< c.qa,1N64- 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. ff- UniTIM . SrI?EAin jc;Wol -4674911V6 ITS CL1*m1Va L [you</> A UD /,l9 oA"6 C- TD SFYIERAL P240641Y DW616/ts 4&0 49 /60d f?AmP vAi XoAD. TIiiS QOAo Hps Acr-N r496414E0 7111lES A6-11USE 0c 77-Ac /,VA06QriAcv 0ic T Asisc n/OES • 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 [4 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 (X] 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? PLURAL R EStQ61Vr1t- F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Al H- O nR'S IGNATURE DATE r-?w /4%7 t M l IA710NAL 0 ?rrG v ? H? vT ? T dRIVFwW& ' PI pE REP"b-'-"O-MSOT 5R- llooo IA&Mp-fom RO&V 0?! R?UUT.3,I ?aoMSa-i? 11 KEY -C COUNTY ,oAc M„A.6'5 DEM ID: 5 3 ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT i): JOINT APPLICATION FORM FOR NATIONWIDE PERMITS 'WHAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS TEAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS TEAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION 401 ISSUED 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, NO 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 : N. 'C, DE10,4RT/Y1ENY 69' T2An13PO1ZTf4 T1d n/ 2. OWNERS ADDRESS: PO 60)c /*& 0 AMAIE . NC 2 SGO '7 3. OWNERS PHONE NUMBER (HOME): (WORK): 704- 265- 5386 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: RDr-CrL CA r6S pO ,a ox /460 C 2-060-7 764 - 2 S - S3 b O 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: UZA Tp u C A NEAREST TOWN OR CITY: Q DOA/G SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): S/1 /loO O LiAh1ProN Re An - -3I76 ??F r sni?T? OF 52 1611 6. NAME OF CLOSEST STREAM/RIVER: TRiAurgay ZM LAl/,2E1- AeAAICH 7. RIVER BASIN: Y AOrI N - ,OC6 aEC- 8. IS THIS PROJECT LOCATED IN A WATERSFI'D CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS 117 YES [/(j NO [ j 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ j NO [<j IF YES, EXPLAIN. 10. ESTIMATED TOTAL NuM-oZR OF ACRES OF nnT'r.c-cS OF U.S., iNC-i 5z; ET:.ANDS, LOCATED ON PROJEE'C_ SITE: ?C-!ZG 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 : AC'2C- TOTAL IMPACTED : ().6!q 14c/?C- 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : REPLArr 7-i/o LINES OF 24 /NCY eiPE uQIT4 T[u0 L/N65 OA= 4A /.t/CN ' WIZU rw.voCTAr S "D RA6 HFAOd/ALL OA/ /N-(--r F_ND. ,44-50 I-I&C Sr-RCAM Aco AAlo a1SrrcAc-0 _5"Ags ON /A/LE7ANQ ouTtcr CND OF P/PE-. 13. PURPOSE OF PROPOSED WORK: afc"&AC/Ne"' (elm LA2ra.e 41a" 5,40al,D DF1D QSE ()CCUR2ENt r os' SrxEAm 4,e4yl/G C/4An6N64. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. "0?El/KA)TIAk .4r/lEAA? L'A?OAA? 4" All (S ,7-S C4*mtV& L LUowXV A yo l P e,4yW 76 C- S.cD?aaL- PQORECrY 6WA/62s 4&0 49 /GQD Al40,vroov &Ao. -MIS ,F0A0 HdS 4Q:-N 4E0AIAU _S'E!/cefdc 7//26-1 Ac-Aas,- O< 74;9 1NAD6Qfj,4[U aA Tfr-SE /PES- 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 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 (x] 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? RURAL RESlD6NT/!4 L F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? NIL ? -?'4 ^u .aR'S IGNATURE 0 A-= ATIONAL ..+ !ZP•? c+ w -f W 'I N t ml S a C A L D W E L L 4 C O U N p RIVE V./,&y P 1 R, RE p1..bGE MI-ml 1600 u m pioo Ro4fl G? V µ.T Awl PIZp µ 5R- t 5 ?1 KEY TO COMM ROAD NU"E" A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 15, 1995 Regulatory Branch Action ID No. 199502702 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 April 4, 1995 application for Department of the Army (DA) authorization to replace 2 lines of 24-inch culvert with 2 lines of 48-inch culvert in an unnamed tributary to Laurel Branch, on S.R. 1600 (Hampton Road), near Bamboo, in Watauga Cou o Carolina. In addition, class II riprap will be installed at both ds of th culverts to provide for bank stabilization. Less tha one-tent of an acre of headwater stream channel will be impacted by the construc on and no wetlands will be impacted. This project has been coordin ted h the NC Wildlife Resources Commission (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. 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. Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, Regulatory Branch, telephone (704) 271-4014. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Printed on 0 Recyded Paper 4 -2- Copies Furnished (without enclosure): MrVaer John Dorney Quality Section sion of Environmental Management h Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Joe Mickey NC Wildlife Resources Commission Route 2, Box 278 State Road, North Carolina 28676