19990510 Ver 1_Complete File_19990513

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
11kT?XA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 24, 1999
Mitchell County
DWQ Project # 990510
APPROVAL of 401 Water Quality Certification
Mr. Stephen Moore
District Engineer
District 1, Division 13
Route 1, Box 169C
Marion, N.C. 28572
Dear Mr.Moore:
You have our approval, in accordance with the attached conditions, to place fill material in 40 feet of streams acres
of wetlands or waters for the purpose of improving SR1191, as you described in your application dated 7 May 1999. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108.
This Certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
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 send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
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 Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-1786.
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
Sincerely,
tevens
S
s
990510.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper
? y5G1ta?
dMS(/gFo ??
..:a PAME
DECEIVED
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. E. NORRIS TOLSON
GOVERNOR SECRETARY
: May 7, 1999
Mr. John Dorney
NC Department of Environment
and Natural Resources s°= '-?~----
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607 © sy
oz
Subject: 401 Water Quality Certification z¢
SR 1191, Mine Creek Road g
Mitchell County g
?_-
Dear Mr. Dorsey:
am attaching (7) seven copies of a completed Division of Water Quality
application and check # 5981 in the amount of $200.00.
If other information is need, please advise. Your earliest consideration to
this matter would be appreciated.
Cordially,
Stephen A. Moore, P. E.
District Engineer
District 1, Division 13
SAM:grw
Attachments
cc: W. D. Smart, P. E.
Route 1, Box 169C, Marion, North Carolina, 28752
4 ?
?, ? ? ?
????}
:?? $` °?

-"?i
„ ?
9
?

%+?. '4

}..

STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B HUNT JR E. NORRIS TOLSON
GOVERNOR SECRETARY
May 6, 1999
Mr. David Baker
US Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Subject: Nationwide Permit Number 26
SR 1191, Mine Creek Road
Spot Safety Improvement
Mitchell County
Dear Mr. Baker:
I am attaching a straight line diagram with erosion control plan, a
completed Division of Water Quality application form, and a county map
section relative to the extension of a 72" culvert on SR 1191, Mine Creek
Road, in Mitchell County. This pipe extension is a spot safety improvement
to accommodate the increasing commercial truck traffic along SR 1191 and
NC 80.
We propose to extend the 72" culvert at survey station 11 +75 a length
of forty (40) feet on the outlet end. At this location, we will maintain
upstream and down stream pre-construction channel widths and depths for
bedload self-scouring and aquatic life migration. We will preserve
indigenous plants where practical for planting along the stream banks. We
will utilize mats to line the disturbed stream banks. We will also use
natural substrate to line the bed of the disturbed channel.
Route 1, Box 169C, Marion, North Carolina, 28752
6
Mr. David Baker
Page 2 - SR 1191, Mitchell County
May 6, 1999
By copy of this letter, we request Joe Mickey, North Carolina Wildlife
Commission Mountain Region Coordinator, to comment directly to you
concerning the nationwide permit request.
By copy of this letter, I am sending seven (7) copies of this application
package to the Division of Water Quality.
Your earliest consideration for this request would be appreciated. If
any further information is needed, please advise.
Cordially,
Stephen A. Moore, P. E.
District Engineer
District 1, Division 13
SAM/grw
Attachments
cc: Mr. W. D. Smart, P. E.
Mr. L. R. Watkins, P. E.
Mr. Joe Mickey
Mr. John Domey
Route 1, Box 169C, Marion, North Carolina, 28752
DWQ ID: _ CORPS ACTION ID: _
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 26
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7)
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: North Carolina Department of Transportation
2. MAILING ADDRESS: Route 1 Box 169C
SUBDIVISION NAME _
CITY: Marion STATE: NC ZIP CODE: 28752
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER: (HOME) _ (WORK) 828-652-3344
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Stephen A. Moore, P. E.
District Engineer
Route 1, Box 169C
Marion, North Carolina 28752
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mitchell - NEAREST TOWN: Bakersville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1191, Mine Creek
Road, 0.1 miles east of NC 80.
6. IMPACTED OR NEAREST STREAM/RIVER: Mine Creek RIVER BASIN: _
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)? YESX NO Q IF YES, EXPLAIN: _
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? _
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: _
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 0.01 miles
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0 acres
(a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION: 0
FLOODING: 0 OTHER : 0
DRAINAGE : 0 TOTAL ACRES TO BE IMPACTED: 0
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 84 FT AFTER: 124 FT
WIDTH BEFORE (based on normal high water contours): _ FT
AVERAGE DEPTH BEFORE: _ FT AFTER: _ FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAM/FLOODING: _
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? _ WHAT IS THE EXPECTED POND SURFACE AREA? _
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Extend existing 72" culvert 40 feet on the outlet end
13. PURPOSE OF PROPOSED WORK: Safety improvement
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
The existing length of pipe is not adequate for the proposed typical section. Usual measures such as rip-
rap silt fences and check dams to minimize impact.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF 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.
DATE CONTACTED:
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. DATE CONTACTED _
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES NO X? (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? woodland
(fl IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? _
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
May 6, 1999
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
v
7

Ite Oakt?
78
Not v
Ine
v??? • II '? ? ?? ??i ??\?lam'` \\\?. ?? ? ?UI ? .? ?.S

r
\
NL?l
it i
?^ \ ?IL?ej?6ba9et? (i ? /-?,I ?' ?^(\\ ? (111111 ? _ , I Vti?
g`??'`..?\a
i
a8. r ?I g20? \ ?? i `? \ now In
ate, ;?j/??\\ 1\. , /? "?? 111 I?d; ,111?!'V\;I.? -\ , ?? ?' ,.; • ? ?--' ;1 `;? ?.?
I /
,77
. r \ \ .'\. ? III / / /'
%:. R \0?
eav I ? ? ??1s,k?ze ?
1 _.
I (,\
i r
Ing
hv? -7
\ ?.

\ IC ?? IOW I?
-
\
IW - s.n _

O I O
O
-?
.
) \ v
'A
/? (0
CL /L -
}
\
/
CD
CD C-) 40
/ F
/ - CD
I o /
S
- Im
Q
r
/ } / N O m
. 22
os m
I?

I
O \

c
I
- .10
oz. ---
.
• NN
l0 1. IN C ? 10 \ \

N /
O
\ \
9E' / ; \

x
i t iN
t