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
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?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
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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
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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