19950281 Ver 1_Complete File_19950314

State of North Carolina
Department of Environment,
Health and Natural Resources Q
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
March 17, 1995
Avery County
DEM Project # 95281
APPROVAL of 401 Water Quality Certification
Mr. Roger Cates
NC DOT
P.O. Box 1460
Boone, N.C. 28607
Dear Mr. Cates:
?' r I} a l-) °L'
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You have our approval to place fill material in 0.01 acres of wetlands or waters for the purpose
of road maintenance at SR 1509, Watuaga Avenue, as you described in your application dated
8 March 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 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,
?P eston Howard, Jr.
P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Domey
Central Files
95281.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer papor
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STATE OF NORTH CAROLINA
DEPAPUMENT OF TRANSPORTATION
JAMEs B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR
P.O. Box 1460
Boone, N.C. 28607
Mr. Steve Chapin
U. S. Army Corps of Engineers
Room 75, Grove Arcade Building
37 Battery Park Avenue
Asheville, N.C. 28801
Dear Mr. Chapin:
March 8, 1995
?O
R. SAMUEL HUNT 111
SECRETARY
The Department of Transportation is scheduled to grade, drain, base, and pave
SR 1509 Watauga Avenue in Avery County when the necessary permits are obtained.
This project will require replacing an existing 24 inch pipe carrying a tributary to Linville
River. Linville River has the DEM classification C Tr. Due to the proposed work, we are
requesting a 404 Nationwide Permit.
I am sending a joint application form, typical section, straight line sketch with the
proposed erosion control, notes on pipe installation, and a marked county map.
By copy of this letter, I am requesting Ms. Stephanie Goudreau, Mt. Region Biologist
Coordinator to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting a 401 Certification from the Division of
Environmental Management for this project.
We would like to begin construction when the necessary permits are obtained. If
additional information is required, please let me know. Your early review and
consideration will be greatly appreciated.
Yours truly,
Roger Cates, P.E.
District Engineer
(9
Page 2
Mr. Steve Chapin
SR 1509 Watauga Avenue
March 8, 1995
RC:JMB
Enclosures
cc: Ms. Stephanie Goudreau, Mt. Region Coordinator, NCWRC
Mr. Richard Phillips, P.E., Regional Engineer, DEHNR
Mr. Eric Galamb, Water Quality Certification Unit, DEM
Mr. W.E. Hoke, P.E., Division 11 Engineer
Mr. Neil Trivette, Area Roadside Environmental Engineer
Mr. Martin Bolick, County Maintenance Engineer?
DEM ID: q 5 ?zQ I ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0):
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 CERTIFI ATIOJJ,`O
WILMINGTON DISTRICT ENGINEER
WATER QUALITY PLANNING
DIVISION OF ENGINEERS ION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT
DEPARTMENT OF THE ARMY OF ENVIRONMENT,
P.O. BOX 1890 Q
WILMINGTON, NC. 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
low
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: /U. C, DEPfJR-rm,6NT 6g, neou43PORTlulor.)
2. OWNERS ADDRESS: PO 60)c /4(00
AI)6AJG NC 2064-7
3. OWNERS PHONE NUMBER (HOME): (WORK): 704- 2GS- Sib 6
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: gar-C/L l"A r6s . 00.E.
P/9 d0X /'¢(00
ALIogr. C 7
7-2 - 2 - 538D
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: 4uic-2 Y
NEAREST TOWN OR CITY: L•IN ILLE
SPECIFIC LOCATION (INCLUDE ROAD, NUMBERS, LANDMARKS, ETC.): S2 /509
W ATAUr-A AV6n,u E - APPR nmArEtX 35n r667' NoQru (31:' us 221
6. NAME OF CLOSEST STREAM/RIVER: LlIVVIL(-G- /91 V9A T/1//3/,/749Y
7. RIVER BASIN: C ATA .lI B A -
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HOW, ORW,
WS I, OR WS 117 YES [,<] NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( j NO [ KJ
IF YES, EXPLAIN.
AND NATURAL RESOURCES
? ?"?"•---•?....,?-y.,
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: D.O I AG12GI G12G
3/30/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED: 0.0/ AC26
TOTAL IMPACTED : .0101 4 C K G
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : Rr-,yGA^_ AN X/S7iryr'
24 INCA/ e/PE iA1 7W& S.4A9E LOCAT/DA/
,: ,?,&W
PURPOSE OF PROPOSED WORK: 7 IS UIORk /-r PAIZ7 OC Q die err 7-0
cle40E' oiCAin/I f3AS:67. '"'o ,.46'E siC 4504 A147W6/6.4 .4ge6P IWG
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. P/oE /1/6605 TD 46 tIP6ilitDEr?_ E.?LtS/ON inPW7/Z6'4
l12E?ciiitr c
AS SOWN ON P44n/ <A01140 /AV11VZ 7/N6 LI/f 12?A/O //JJ/? tS,
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 ( I NO [,k)
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 [ J NO (XJ
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? ,.Q ES /DENr/A 4.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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OWNER SIGNATURE DATE

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`Cl`\
NURTII CA 9QLjtj 1` )EVARTMENT OF I ANSPMTATICN
EROSION AND SEDIME17rATION COMMOL PLAN
PROJECT 19 /S 09 ROAD (Uu a i-I ve r u t COWry
PREPARED BY 8. J UG n c e, DATF. j,2-
APPROVED BY
County Maintenance Frig weer
Df str i rt Frig nPer.
Roadside Env ron. Engineer
245.03 Temporary Silt Ditch

245.05 ..... _..........
Temporary Diversion no
893.01 Temporary Silt Fence --------
890-05
245
01 Temporary Slope Drain with Earth Berm
Silt B
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A
'--....... ?-- F--
-----
. as
n
ype
•-------------------------------- --
245.02 Silt Basin Type B _____________ _ ---
892-04 Temporary Rock Silt Check Type-A --------- - -----------
895.10 Temporary Rock Silt Check Type-B ......... ... )0 ------------
892.01 Temporary Rock Sediment Dam Type-A ,_ __,__
892.02 Temporary Rock Sediment Dam Type-B
•?
897.01 Rock Pie Inlet Protection a:

894.01
Rock Silt Screen ..................................
.... ... 3
4.:.°_
245.04 Stilling Basin .......................................... .......... L,12 -
Rock Inlet Protection:
896.01 Type A ............................... A ' OR -- A? -----
896.02 Type B • .............................. B LLJ-- OR • E3)) -----
896.03 Type C ............................... C 0-- OR •• C) ----
Pipe Outlet Energy Dissipator.............
Inlet or Outlet Protection ................(
GENERAL NOTES ON EROSION CONTROL
Silt Basin Type B's will be constructed to the dimension of
six feet by three feet by three feet unless otherwise noted
on the plans.
Where slope protection treatment is required, Section 868 and
Section 1042 of the 1990 Standard Specifications for Roads
and Structures will be followed. Any material obtained from
the project must be clean before being placed.
Generally, the order of installation of the erosion control
measures will be as follows:
Temporary Silt Basins shall be installed before
clearing and grubbing begins.
Silt Fences and Temporary Silt Ditches shall be
installed after clearing and before grading.
Temporary Stone Ditch Checks shall be installed as
soon as ditchline is established.
Pipe Outlet and Inlet Protection will be done as
soon as the pipe is installed.
Seeding and other permanent erosion control
measures are to be implemented as soon as
practical.
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PIPE INSTALLATION
1. Install erosion control devices. In streams, where
necessary, rock silt screens will be used and installed
prior to pipe replacement or any work being done to
channel.
2. Remove material and existing pipe while limiting, as much
as possible, material and sediment from entering a stream
and/or escaping from project.
3. Prepare pipe foundation while again taking care to limit,
as much as possible, material and sediment from entering
a stream and/or escaping from project. Where possible,
new grade will be below existing stream bed. If needed,
bedding material will be clean stone.
4. Place the new pipe and compact backfill.
5. Install slope protection on outlet and inlet ends of
pipe. Also complete installation of erosion control
measures and perform maintenance as needed on existing
measures.
6. Establish permanent vegetation as soon as possible.
7. Remove rock silt screens as soon as possible after
vegetation is established. Prior to removal of rock silt
screens any accumulated silt must be removed.

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REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 21, 1995
Regulatory Branch
Action ID No. 199502254 and Nationwide Permit No. 26 (HE
Waters)
Mr. Roger Cates
State of North Carolina (? U 1
Department of Transportation
Post Office Box 1460
Boone, North Carolina 28607
Dear Mr. Cates: U
Reference your March 8, 1995 application for Department of the Army (DA)
authorization ;place an existing 24-inch culvert in an unnamed tributary
to the Linvi a Ri er iri conjunction with the paving of S.R. 1509 (Watauga
Avenue), ne Linvi le, in Avery County, North Carolina. As a result of the
work, less an one tenth of an acre of stream channel will be impacted. This
project ha een co rdinated 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, those
conditions outlined in the March 23, 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 [phone], 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 for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two 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 two 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 or are under contract to
commence, in reliance upon the nationwide permit, will remain authorized.
This is provided the activity is completed within twelve months of the date of
the nationwide permit's expiration, modification or revocation.
Pnnted on IS Recycled Paper
-2-
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
'wr. 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
Ms. Stephanie Goudreau
NC Wildlife Resources Commission
320 South Garden Street
Marion, North Carolina 28752
t•
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS b0•
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 •o.u•••o
REPLY TO
ATTENTION OF
July 31, 1995
Regulatory Branch
Action ID No. 199502254 and Nationwide Permit No. 26 (Headwaters anH T--lated
Waters)
Mr. Roger Cates
State of North Carolina
Department of Transportation
Post office Box 1460
Boone, North Carolina 28607
Dear Mr. Cates: 111 ??
r Marc
authorizatioep1ace
to the Linviver in
Referen(anone-tenv
Avenue), nea ille,
work, less t project has oordi
8, 1995 application for D .-Ily (DA)
an existing 24-inch culver, _.. an unnamed tributary
conjunction with the paving of S.R. 1509 (Watauga
n Avery County, North Carolina. As a result of the
n of an acre of stream channel will be impacted. This
ated with the NC Wildlife Resources Commission (WRC).
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Feder 1 Regu ations (CFR), Part 330.6, published in the Federal
Register on No mb 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 March 23, 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 [phone], regarding the above
mentioned water gt;ality certification. This nationwide permit does not
relieve you of the responsibility to obtain other required State or local
approval.
This verification.will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two 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 two 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 or are under contract to
commence, in reliance upon the nationwide permit, will remain authorized.
This is provided the activity is completed within twelve months of the date of
the nationwide permit's expiration, modification or revocation.
Pnnted on 0 Recycled Paper

-2-
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
r_. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Ms. Stephanie Goudreau
NC Wildlife Resources commission
320 South Garden Street
Marion, North Carolina 28752