19930941 Ver 1_Complete File_19931129

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 NUV `3
IN REPLY REFER TO November 22, 1993 :..----?-
wEnan+ .
WATER Q
Regulatory Branch l!l±. i r
Action ID No. 199400578 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Stephen A. Moore
State of North Carolina
Department of Transportation
Route 1, Box 169-C
Marion, North Carolina 28752
Dear Mr. Moore:
Reference your October 29, 1993 application for Department of the Army
(DA) authorization to construct a channel change (approximately 120 linear
feet) and replace/extend 2 culverts in White Oak Creek in order to correct
drainage problems on SR 1199, near Bakersville, in Mitchell County, North
Carolina. No wetlands will be impacted by the project and less than 1/10 of
an acre of headwater stream channel will be impacted. This project has been
coordinated with 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 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.
-2-
Questions or comments may be addressed to Mr.
Field Office, Regulatory Branch, telephone (704 Steve Chap
i
n Asheville
271-4014.
Sincerely,
Enclosure
Copies Furnished (without enclosure):
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
Mr. Chris Goudreau
NC Wildlife Resources Commission
Route 6, Box 685
Marion, North Carolina 28752
G. Wayne Wright
Chief, Regulatory Branch
State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management .?I
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary E I N 1?
A. Preston Howard, Jr„ P.E., Director
November 10, 1993
Stephen Moore
N.C. Dept. of Transportation
Rt. 1 Box 169C
Marion, N.C. 28752
Dear Mr. Moore:
Subject: Proposed fill in Wetlands or Waters
Road improvement, SR 1199
Mitchell County
DEM Project # 93941
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.03 acres of wetlands or waters which are
tributary to White Oak River for road improvement located at SR 1199
in Mitchell County as described in your submittal dated 29 October
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2732. 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.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
P're3ton Howard, r. P. E.
93941.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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' M ST rt
STATE OF NORTI I CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES Il. I It IN 1. IR. f)IVISION OF I IIGI IWAYS
GO VI RNOR
Route 1, Box 169C
Marion, NC 28752 p ( `?1
October 29, 1993
Mitchell County
Mr. Steve Chapin
U.S. Army Corps of Engineers
317 Battery Park Avenue
Room 75, Grove Arcade Bldg.
Asheville, N. C. 28801
Subject: Channel Change - Pipe Replacement
SR 1199 - White Oak Road
Dear Mr. Chapin:
SAM I IUN1
SECIif'IARY
!DS Gft(-)I,
11TY SK I i,-"a
I am attaching a project sketch, an application form for
a nationwide permit, and a county map section relative to a
channel change along SR 1199 - White Oak Road in Mitchell
County.
We propose to upgrade/extend the existing 24" CM pipe at
survey station 18 + 50 with a 30" CS pipe. We also propose
to eliminate the existing 12" RC pipe and construct a channel
as shown on attached cross section. A 30" CS pipe will be
placed under the drive at survey station 18 + 00 right.
These measures are necessary to correct existing inadequate
drainage.
By a copy of this letter, we are asking Chris Goudreau,
North Carolina Wildlife Resources Commission District
Fisheries Biologist, to comment directly to you concerning
the nationwide permit request. A request to work within the
twenty-five foot buffer zone will be made to the Department
of Environment, Health and Natural Resources at a later date.
By a copy of this letter, we are also asking Mr. E. L.
Ingle, Area Roadside Environmental Engineer, to comment on
the above project.

Page 2
Mitchell County
SR 1199 - White Oak Road
Also, by copy of this letter, I am sending seven (7)
copies of this application package to the Division of
Environmental Management.
Your earliest consideration for this request would be
appreciated. If any further information is needed, please
advise.
Cordi ly,
Stephen A. Moore, P.E.
District Engineer
District 1, Division 13
SAM/GRW:cal
Attachments
cc: Mr. W. D. Smart, P.E.
Mr. Richard Phillips
Mr. E. L. Ingle
Mr. R. Y. Barlow
Mr. Chris Goudreau
Mr. Eric Galamb
DEM IDt G L_ ACTION IDs
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 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.
ATTNt CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTNs MR. JOHN DORNEY
Telephone [phone]
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. l
1. OWNERS NAMES N.C. Dg-Dnx-? mern+ ©-F ly-o-nSasr4d? 16?l
2. OWNERS ADDRESS: K-C

3. OWNERS PHONE NUMBER (HOME):
(WORK): GSZ-3344
4. IF APPI.ICARLEs AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,, ADDRESS,
PHONE
5.
6. NAME OF CLOSEST ST"AM/RIVER: a Lz,
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS 2, OR WS II? YES aQ NO ( )
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO
.r .?w wft rt
--
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITES Q S a Gre'? 3/30/92
LOCATION OF PLANNED WORK (ATTACH MAP). COUNTYs
NEAREST TOWN OR CITY: _lp? C3,V,CJX, u I e -
SPECIFIC LOCATION (INCLUDE OAD NUMBERS, LANDMARKS, ETC. t Q
h: e_ no, ? ROa t , 0 34 ?: \eS so u L?
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECTS
FILLED: _ 0 1
DRAINED-
FLOODED-
EXCAVATED: Q , d
TOTAL IMPACTED: Q y =.-
12. DE qt IPTION OF PROPOSED WORK (ATTTTAC"PLANS) : V Q raj en, ( d
-t-
S C. p
c © V Y?
c7l
?Z
f-
C. -h ar rg r .
13. PURPOSE OF PROPOSED WORK: S?? N 5 O? rG b n o o? ?. f
?av e-
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOT MEASURES TA EN TO MINIMIZE WETLAND
IMPACTS. ?p Cr???eC tnC?oLGlv0.e
w' .L__. I l N a4 °L? - { t C? _ Ire
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 P< 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 ( )
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.
8. 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? _r?t?o(_Q,ytL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER'S SIGNATURE DATE
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