HomeMy WebLinkAbout19950564 Ver 1_Complete File_19950531State 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„ RE., Director
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?EHNR
June 7, 1995
Watauga County
DENT Project # 95564
APPROVAL of 401 Water Quality Certification
Mr. Daniel S. Holderman
Bridge Maintenance Superintendent
1296 Prison Camp Road
Newton, N.C. 28658
FILE COPY
Dear Mr. Holderman:
You have our approval to place fill material in waters for the purpose of replacing existing fords
with pipe at SR 1556, Sampson Road, as you described in your application dated 23 May 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 60 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.
Sincer
? °fl
reston Hoard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Winston-Salem DEM Regional Office
Mr. John Domcy
Central Files
95564.1tr
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
4
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMLl B. HUNT Ili DIVISION OF HIGHWAYS S,VI IUN I
GOWRNO R S["AF FAIN
May 23, 1995
1296 Prison Camp Road
Newton, N. C. 28658
Mr. Robert Johnson, Office Manager !1''if1` Y
Asheville Regulatory Field Office
151 Patton Avenue, Room 143 4
Asheville, N. C. 28801-5006 ``--
Dear Mr. Johnson:
The North Carolina Department Of Transportation Bridge
Maintenance Unit, proposes the following project for your
issuance of a Section 404 permit. The project involves a
designated mountain county in Western North Carolina and we
believe this project can be accomplished under General Permit No.
SAWC082-N-000-0031.
COUNTY:Watauga
ROUTE: SR 1556 Sampson Rd.
STREAM:Joes Creek
DESCRIPTION:Replacement of existing
with 1 line 112"x75" and
128"x83".
No wetlands involved.
Less than 200 cu. yds of
normal highwater at each
DEM designated "trout".
fords with pipe. Ford #3
Ford #4 with 1 line of
fill materials below
pipe placement.
With a copy of this letter, we are also requesting a
concurrence letter from the Wildlife Resources Commission and
requesting issuance of 401 Water Quality Certification from the
N. C. Division Of Environmental Management.
We have attached a site location map, and a sketch of planned
activities. A stringent erosion and sedimentation control
program will be implemented during the project construction and
every effort will be made to complete work in a timely manner.
Our personnel are available to assist with your evaluation of
this project, if necessary. Should you have any questions,
please call me at 704-466-5525.
Attachment: Sincerely, CC-Ms. Stephanie Goudreau
File Daniel D. Holderman
Bridge Maint. Supt. ??
DEM ID:
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
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 (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
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:
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME):
4. IF APPLICABLE: AGENT'S
PHONE NUMBER: ?j ifaJ
(WORK) : ?G?Q Q?,?, -5525
CORPORATE OFFICIAL, ADDRESS,
5.
OR RESPONSIB
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY : tll ! A
NEAREST TOWN OR CITY:
SPECIFIC LOCATION ?NCLUDE ROAD NUMBERS, LANDMARKS, ETC.5.?--,
6. NAME OF CLOSEST STREAM/RIVER:
Aj
,--41LAS
-T r-6, C 1) -1
7. RIVER BASIN: L/?a/U,eJ
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT SA, HQW, ORW,
WS I, OR WS II? YES NO
9. HAVE ANY SECTION 404 qRMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
ni Re PE RT-Y? Pdco(&?, YES [ NO [ ]
IF YES, EXPLAIN. /%5-/7 A-?b. 9?C?¢o37 X02 lsr? Z?'J t???S
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
.ydxJG
?/?/42
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTAC PLANS): ? ?Z' G?Z), CJ1
I L,ltJ? lo "BSc eG Tl! 2 LJ
13. PURPOSE OF PROPOSED WORK :
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. 104
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 [?] ,vIA
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 (?J v1/a
RESPONSE FROM THE SHPO SHOULD BE ATTACHED. ,mac , rp??c/
?2 i.vvde vc--J
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? wlo7>>
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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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 August 1, 1995
Regulatory Branch
Action ID No. 199503736 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Daniel D. Holderman
State of North Carolina
Department of Transportation
1296 Prison Camp Road
Newton, North Carolina 28658
Dear Mr. Holderman:
Reference your May 23, 1995 application for Department of the Army (DA)
authorization to replace existing fords with culverts in Joes Fork, along S.R.
will be
1556, near Dry Pond Gap, in Watauga County, North Carolina. ReResources
replaced with one line of 112-inch by 75-inch pipe and Ford e
replaced with one line of 128-inch by 83-inch pipe. Less anth of an
acre of stream channel will be impacted by the work and n eill be
impacted. This project has been coordinated with the NC d 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, those
conditions outlined in the May 30, 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 (919) 733-1786, 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.
Pnnted on 0 Recycled Paper
-2-
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
Copies Furnished (without enclosure):
ir. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creed Road
Raleigh, North Carolina 27607