19940739 Ver 1_Complete File_19940809

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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
?EHNR
August 11, 1994
Cumberland'County
DEM Project # 94739
APPROVAL of 401 Water Quality Certification
Mr. J.G. Nance
NC DOT
P.O. Box 1150
Fayetteville, N.C. 28302
Dear Mr. Nance:
1 L F 0"T
You have our approval to place fill material in 0.63 acres of wetlands or waters for
the purpose of road widening at SR 1719, as you described in your application dated 3
August 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 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
Dorney at 919-733-1786.
Sincerely,
reston oward, J . P.E.
Director
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
94739.1tr
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
STATE OF NORTH CAROLINA
DEPARTMENT OF 1liANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR
P. 0. Box 1150
Fayetteville, North Carolina 28302
August 3, 1994
Division Six - District Two
Cumberland County
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R. SAMUEL HUNT III
SECRETARY
a3nSSi TOV
Water Quality Planning
Division of Environmental Management
NC Dept. of Environment, Health, & Natural Resourses
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: Mr. John Dorney
SUBJECT: Section 401 Water Quality Certification
SR 1719 in Cumberland County
Dear Sir,
Find attached seven (7) copies of an application for a water
quality certification and supporting information. This
certification has been requested pursuant to Nationwide
Permit #26 and in accordance with Mr. G. Wayne Wright's
February 24, 1994 correspondence. As indicated in the
application, the NCDOT has scheduled the paving of SR 1719
as part of our 1994-95 Secondary Road Paving Program. Please
review and return with necessary approvals such that we
might accomplish this work.
If I may provide additional information regarding this
matter, please advise at [phone].
Yours very truly,
44161---
J. G. Nance, P.E.
District Engineer
JGN : f rc
cc: Mr. W. F. Rosser, P.E., Division Engineer
Mr. H. S. Matthews, Highway Maintenance Engineer
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-? 401 ISSUED
DEM ID:
NATIONWIDE PERMIT RE UEST ACTION ID:
Q D (PROVIDE NATIONWID9 PERMIT
JOINT NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION FOR TO THE CORP$ OF,' ENG4 ?4•
a NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION !IE01`?CERTI-kiCATION;
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: 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. /
ATTN: MR. JOHN DORNEY
Telephone (919) -?? 733'/ / ?(n
vub (11 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: /V C.
r 4F T,A/-'PoA
2. OWNERS ADDRESS: D, 50x //Se
55 G i ALES CET
A Y/[.L C 28302
3. OWNERS PHONE NUMBER (HOME): (WORK): 910- 486 -1496
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER : J. C7. IVAAfl'X:-
5. LOCATION OF WORK (MUST ATTACH MAP).
NEAREST TOWN OR CITY: j6LALIE-
SPECIFIC LOCATION (INCLUDE ROAD NUM
6. NAME OF CLOSEST STREAM/RIVER:
7. RIVER BASIN:

COUNTY: GUjt2$,9944 A/>
LANDMARKS, ETC.):
IUD -WAMP
8. IS THIS PROJECT LOCATED IN A WATERSHFyD CLASSIFIED AS TROUT, SA,
WS I, OR WS II? YES [ J NO [?J
HQW, ORW,
9. HAVE ANY SECTION 404 PERMITS BEEN PRE IOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ) NO IF IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: O. 63 AcRi?S
6/ 10/92

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11. NUMBER OF ACRES OF WATERS OF THE U.S:, INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.63
DRAINED: O
FLOODED: O
EXCAVATED: O
TOTAL IMPACTED: 0.63
12. DESCRIPTION OF PROPOSED WORK (ATTACH.PLANS) : kla>,ed Exls- llya?
So/L RoA.z>WAY FILL TD ACCOMivIoD.4TF PAvlAi( onczA7ID S
13. PURPOSE OF PROPOSED WORK:
P6P-Tl6N Or Sr<
964>
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 T MAY BE AF••
PROPOSED PROJECT. HAVE YOU DONE SO? YES [tT NO [ ]?-ED 8
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 [ ?f NO [ ] GAU-6P 91,9174
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? UN-PEVELQ=1Woo-p5p
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
February 24, 1994
IN REPLY HtFtFi 1 V
Regulatory Branch
Action ID No. 199401573 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Hugh Matthews -
Highway Maintenance Engineer
North Carolina Department of Transportation
Post Office Box 1150
Fayetteville, North Carolina 28302
Dear Mr. Matthews:
Reference your January 25, 1994 meeting with Mr. Scott McLendon of my
staff on SR 1719, above the headwaters of Beard Swamp, Cumberland County,
North Carolina. The purpose'of this meeting was to discuss the proposed
widening of this road and to examine the site for water and wetlands subject
to Department of the Army (DA) permitting authority. Also present during this
meeting was Mr. Bill Hammond and Mr. Christopher Hedgeman of the NC Department
of Transportation.
The meeting revealed that wetlands subject to DA permitting authority do
-?? exist within the footprint of the proposed road expansion. it was also
determined that these wetlands are located above the headwaters of Beard
4 -tlni'> Swamp. Accordingly, your fill of aP?roxima?(L.13_acres_o?vet?ands at
three locations on this road is ?athorized pursuant to Nationwide Permit #26.
6
?lflf'? As discussed, a special condition to this _permit ^re?uires that all existing
I culverts under this road shall _be_replaced when the pro ect is com late.
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 ps3x ]t p-ovi ed it is
accomplisb,ed .n strict accordance with the enclosed conditions and providssl
you receive a Section 401 water c;Q4 t?_certification from the Nor_tt?r?rnl;-a-
Division ofr5v?ronmental._Management......(.NCDEM) . You should contact Mr. John
Dorney, telephoto regarding water?analitr?ee?rtification. This
nationwide permit does not relieve`you of the responsibility to obtain other
required Sta a or ocal- approval.
This verification will be valid for two years from the date Tofhi.-a
letter unless the nationwide authorization is mod fled, reissued or revoked.
Also, 'this verification wi35 remain valid for the two years i , 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, tl?e__naonwisle ner*^?
authorization expires or is suspended.,_or-revok.ed:, or is modified, such that
the activa y would nic 31onger 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
A
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nationwide permit will remain authorized provided the activity is completed
within twelve 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. Scott McLendon, Wilmlington
Field Office, Regulatory Branch, telephone [phone].
Sincerely
e Wrigh
hie Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
?? I - 73? - / 7S-41,