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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 A14wool ?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? D TE ?• ?- r?n ply, i ? /J ` 'I ?l ?. 3959 ?• ?? ??\ _ Go /21 3soo ? ? R i d ge ,C :Cem C2'.CejC - 34=00 o 3 - ?? ??//•" / i 1 - ??r? ?? "'Gras py K 38 X - ??. (4 /23 D /l '.M 321• ???.e -'??-?_ ? ? ? ?- ? ?? v ? ? - - ?i? v ?i \?. ??1?? V i. iu?re o k W fib .u -K bb? ?i o e n ley nn t, !3sia =LRai? ??? C - r ?BOo 380 R 111. 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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