HomeMy WebLinkAbout19920517 Ver 1_COMPLETE FILE_19921014r Fn7Y o
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary October 14, 1992 Acting Director
Mr. Dallas Peterson
C/o Neal Peterson
Rt.l, Box 275
Green Mountain, N.C. 28740
Dear Mr. Peterson:
Subject: Proposed fill in Wetlands or Waters
Road crossing of Poplar Hollow Creek
Mitchell County
DEM Project # 92517, COE # 199203639
Upon review of your request for 401 Water Quality
Certification to install corrugated metal pipes in Poplar Hollow
Creek for a road crossing located off of SR 1321 in Mitchell
County, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2732 issued May 1,
1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 14. An additional condition
is th at proper sediment and erosion and control measures shall
be installed immediately at the site and no live concrete shall
be allowed to enter the stream.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,
reston oil ward, Jr. P.E.
jrd/peterson.ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney REGIONAL OM- CES
Asl,eviII CentrF,e04 i1l@S Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9 19/4 86 -154 1 704/663-1699 9 19/57 1-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention PAys
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
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RCD_FROM _CDA: APP DATE _FRM_CDA: 08/28/92
REG_OFFICE: ARO RIVER_AND_SUB_BASIN_#:F73,e -p(
C o??
STREAM-CLASS:
STR INDEX NO: 7~1O
WL_IMPACT? : (YJN
WL REQUESTED:
HYDRO_CNECT?:(1jk
MITIGATION?: YIN
MITIGATION SIZE:
WL_TYPE:
WL_ACR_EST? : YIN 2,o«.-x
WL_SCORE(#) :
MITIGATION TYPE:
IS WETLAND RATING SHEET ATTACHED?: YIN
RECOMMENDATION (Circle One): ISSUE SS /EU COND DENY
li n
COMMENTS : / ?? /r,? a-? /S? ?/1?1? ?rr?•-? G?e??2.(/. C
/,-? az?
6_? A XP
'ho , Pam e-?? / a"yp1,,a,,Vj-h -e.- .
cc: Regional Office
Central Files
WETLAND RATING SYSTEM WORKSHEET
Project No. or description -"?
Location
County _ Nearest road or town
River Basin dL
Nearest stream // ?-rand classification
IL
Evaluator 01,
Agency and address JE-WW_.?i , - 0e
Date and time evaluated 9ty'? : U
Major Wetland Type
Approximate size of wetland system A _ acres
Approximate extent of wetlands in area acres
within 2 miles
Three most common plant species (in order):
1.? de ?ev,v?t/
2. ar..?
3.73
4
Soil Series (if known)
Hydrologic indicators
Direct surface hydrologic connection? Y NO
Existing Conditions
Drainage 14
Disturbance
Restoration potential
Restoration value
Is site kno n to provide habitat for rare, endangered or threatened
species?? If so, list species observed or recorded.
Item Number
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
Score (circle one)
5
4 3 2 1 0
5 4 0 2 1 0
5 4 3 (V 1 0
5 4 (g2 2 1 0
5 4 ?j 2 1 0
4
4 ® 2
2 1
1 0
0
5 4 2 1 0
5 4 1 0
5 4 3 1 0
Total Score'/
Site description and notes: SAS •r?Ps' r s??s /7??`'?i'?y' T??"?h
/Z(z> slo J&,4P,4 ?, 6ee-C J-d 4 -7..'e--)- ' /fix ???%w p?/ox Vim- .
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ION ID:
WEl'LANrl'
WATER
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
DEM ID: /2S /
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, H ALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535 ^n?
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY I
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: Da //a s e terson
12. OWNERS ADDRESS: cA Xle-• l 0,-tee-jon
R't • 7?n x 2-7,'q'
t /'3. OWNERS PHONE NUMBER (HOME): (WORK):
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
? 5,
? 6.
7.
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 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
V"0'10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
O
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY : 1h ; tc Lie-//
NEAREST TOWN OR CITY; . pojolay-
SPECIFIC LOCATION (INCLUDE ROAD NUMBER
52_ 1321 06our S r,;,lec -t
, LANDMARKS, ETC.): _
040/Oe- Fee-- &J. I/
7` 000 f. o f.? le &
On riih+- see- F/a4q Inv
v \j \j u
NAME OF CLOSEST STREAM/RIVER: Pop(o? 1401/ow Creek
RIVER BASIN: /uo I,* chuck
2/3/92
-2-
V '1. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: -
DRAINED:
FLOODED : - / nr
EXCAVATED: TOTAL IMPACTED: O
/12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : /la„-t- ±2 ,n,s1,
v1 13. PURPOSE OF PROPOSED WORK: To a cce
0 i o-F
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
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 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 [
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Jm ? ?- "I '-/? -----
L ) 8 92
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary September 4, 1992 Acting Director
Mr. Dallas Peterson
c/o Neal Peterson -
Rt. 1, Box 275
Green Mountain, NC 28740
Dear Mr. Peterson:
RE: Road Crossing, Mitchell County
On August 28, 1992, I received an application from you for a
401 Water Quality Certification for your project entitled Dallas
Peterson at Polar in Mitchell County. Our existing regulations
(15A NCAC 2H .0501 (a)) require that all applicants for 401
Certifications submit seven complete copies of 401 Applications.
These copies must be supplied by the Division of Environmental
Management to various state and Federal agencies as specified in
the same regulations. Having copies available for simultaneous
review by other agencies will reduce the overall processing time
for your permit application. In the past, we have not enforced
this requirement and have seen processing time slowed
significantly.
Therefore, please send six additional copies of your 401
Certification application so we can initiate the comprehensive
review required by our rules. I am unable to do this copying
since there are numerous applications with this problem and our
regulations state that the applicant must supply these copies.
If you have any questions, please call me at 919/733-1786.
Since el yours,
I (11
JRD/lj Jo}?n R. Dorney
l
sevencpy.ltr/D-4 J
cc: Asheville DEM Regional Office
John R. Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9 19/486-154 1 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephom 919-7337015
. An Equal Opportunity Affirmative Action Employer
tz_l
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 28, 1992
Regulatory Branch
?._.__. d---
Action ID. 199203639 and Nationwide Permit No. 14 (Road Crossing)
Mr. Dallas Peterson
c/o Neal Peterson
Route 1, Box 275
Green Mountain, North Carolina 28740
Dear Mr. Peterson:
Reference your August 24, 1992 application for Department of the Army
authorization to construct a road crossing using a 12 inch diameter, 15-foot-
long corrugated metal pipe with associated fill and headwall in Poplar Hollow
Creek, near Poplar, Mitchell County, North Carolina. The purpose for the
crossing is to gain access to private property. There are no wetlands on the
site. This project has been coordinated with the NC Wildlife Resources
Commission (WRC).
For the purposes of the U.S. Army 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, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
4i • .r
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and with those
conditions outlined in the enclosed 9/14/92 WRC letter. This nationwide
permit does not relieve you of the responsibility to obtain any required State
or local approval. It is recommended that you contact Mr. John Dorney of the
State of North Carolina, at telephone (919) 733-1786, to insure that you have
complied with state water quality certification requirements.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 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 2 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 (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone (704) 259-0014.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
.r . Ah*
-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Chris Goudreau
Route 6, Box 685
Marion, North Carolina 28752
Ow V. .
Ilk
` DEM ID: P ?S? p ACTION ID:
s
I Idor?d JMT APPLICATION FORM FOR
- ---- RY ?FElthti`THA`P QUIRE 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 ENVIRONM FOT, ENV NC DANDRNATU RALFRESO ?A=,P,.
P.O. BOX 2 53 RALEIGH, NC 27626-0 ATTN: MR. JOHN DORN Telephone ( 919 ) 733- nc ONE (1) COPY
OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
?1 . OWNERS NAME: Da 11as c' Person
t//2. OWNERS ADDRESS: CA Nea l pefPr. fnn SEP
} „s o
- - "e-Slon /yJna n ra , AIC 2 87 ytO FAYFIIEVILLE REy U
V/'3. OWNERS PHONE NUMBER (HOME): (WORK):
vl"4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFI_ A AI11
PHONE NUMBER:
'?`
ot'30rVdfiat
? 5. LOCATION OF PLANNED WORK (ATTACH MAP). Rn?ma
COUNTY : rh ; tc fie:/l yi ?7
NEAREST TOWN OR CITY;. poplar ?? l Gtr ??y
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
SR- 13-70 o6oar S P;,les ost Pa?oloe- Frea- &/.'// Ids, i;J-r CXu,cl,
)
t 000 -f, oc w
i
on rsaAi` see -F'la441'.,`-
U
/6. NAME OF CLOSEST STREAM\j \j u
/RIVER: Pop(or bbl/ow Creek
? 7. RIVER BASIN: A I #_ r_+ucku
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
/WS I, OR WS II? YES [ ] NO [ ]
V'10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
O
2/3/92
fl North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Dennis Stewart, Manager
Habitat Conservation Program
DATE: September 14, 1992
SUBJECT: A review of an application by Mr. Dallas Peterson to
place a pipe in Poplar Creek off SR 1321, Mitchell
County
Dear Mr. Johnson:
Mr. Dallas Peterson (c/o Neal Peterson, Route 1, Box 275,
Green Mountain, NC 28740) is requesting a letter of concurrence
from the North Carolina Wildlife Resources Commission (NCWRC) to
obtain a 404 permit from the U.S. Army Corps of Engineers. The
NCWRC has reviewed information provided by the applicant, and
staff field biologists conducted a site visit on September 8,
1992. These comments are provided in accordance with provisions
of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
The applicant proposes to install 20 feet of 4-foot
corrugated metal pipe in Poplar creek in order to access
property. A headwall will be constructed on the upstream end of
the pipe.
Portions of Poplar Creek (NKY 1-2) flowing through U.S.
Forest Service gameland along SR 1321 are considered Designated
Public Mountain Trout Waters. The stream carries a light silt
load and provides good habitat for trout at the project site.
Although fish sampling in December 1991 by NCWRC biologists
revealed that a good population of wild rainbow trout exists in
the stream downstream of the project site, two low dams located
near the uppermost North Carolina Department of Transportation
bridge effectively block fish movement between the sampling site
and the project site. Therefore the NCWRC will not object to the
installation of a pipe rather than a spanning structure provided
the following conditions are met by the applicant:
1) The pipe should be placed at the same slope as the stream
bottom and should be buried 1 foot unless bedrock is
encountered. This will provide for movement of aquatic
organisms.
2) Construction is prohibited during the rainbow trout spawning
period of January 1 to April 15 in order to protect egg and
fry stages from sedimentation.
3) Heavy equipment should not be operated in the stream channel
in order to minimize sedimentation and reduce the likelihood
of introducing other pollutants into the stream.
4) Construction of the headwall must be accomplished so that
wet concrete does not contact the waters of Poplar Creek.
This will lessen that chance of altering the stream's water
chemistry and causing a fish kill.
5) Temporary ground cover (e.g. hardwood mulch, straw, etc.)
must be placed on all bare soil during construction.
Permanent vegetation in these same areas must be established
within 15 days of ground disturbing activities to provide
long term erosion'control.
Thank you for the opportunity to review and comment on this
project. If we can be of further assistance, please advise.
Sincerely,
i&?I 0? X?
Dennis L. Stewart, Manager
Habitat Conservation Program
cc: `'Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Chris Goudreau, District 8 Fisheries Biologist