HomeMy WebLinkAboutGumewood Estatesd,.. F/.g o
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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 George T. Everett, Ph.D.
William W./C?obey, Jr., Secretary Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
County, COE Project # /goo70,3
The Division of Environmental Management (DEM) received a
letter from the Corps of Engineers (COE) stating that your
project qualified for a Nationwide Permit. Please be advised
that the Nationwide Permit is not valid until a 401 Water Quality
Certification has been issued by the.Division. General
Certifications have been issue by the Division for most of the
Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division
before the Nationwide Permit is valid.
If you are utilizing Nationwide Permit # 26 and your fill
activity is equal to or less than one-third (1/3) of an acre you
are not required to obtain written concurrence. Otherwise please
complete the attached form (except for conditions 15 and 16) and
send six additional copies (a total of seven copies) so that the
review of your request can be initiated.
If you have any questions, please call me or Mr. John Dorney
at 919-733-1786.
Sincerely,
Eric Galamb
AppliF?J?tr
cc: WlrnS 'Q%s-DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 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 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
j1
IN REPLY REFER TO September 1, 1992
Regulatory Branch
CESAW-C092-J-041, Nationwide Permit No. 14,
Action ID. 199203404
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
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Gumwood Estates
C/O Mr. R.N. Linville
Route 1
Oak Ridge, North Carolina 27310
Dear Mr. Linville:
Please reference the the site visit of August 25, 1992, conducted by
Mr. John Thomas of my staff at the proposed Gumwood Estates subdivision
located off Bunch Road S.R. 2128 adjacent to an unnamed tributary of Beaver
Creek, Oak Ridge, Guilford County, North Carolina. The purpose of the site
visit was to review provided plans for the aforementioned project, and to
inspect the site for wetlands subject to Department of the Army permitting
authority.
The site visit revealed that the site is located adjacent to an unnamed
tributary of Beaver Creek. The plans provided by Mr. Wayne Simms of Callahan
Surveying Co. (consultant for the site) showed that the construction of the
road access for the proposed development will involve a single crossing of the
aforementioned tributary. The site visit of the aforementioned road alignment
showed that the proposed road crossing would impact waters of the United
States, but would not included any impacts to special aquatic sites.
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 high flows and the movement of
aquatic organisms;
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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.
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 any
required State or local approval. You should contact Mr. John Dorney, North
Carolina Division of Environmental Management, (919) 733-1786, to obtain the
necessary Section 401, Water Quality Certification prior to starting work.
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.
Please be reminded that no excavated or fill materials may be placed in
any waters or wetland areas without prior Federal permit Authorization.
During the aforementioned site visit, John Thomas located the wetland limits
in the field to be the bank to bank limits of the aforementioned tributary
both north and south of the authorized road crossing. Mr. Thomas recommended
avoidance and minimization of impacts to these wetlands in association with
the proposed project. Please be aware that you should contact this office
for any future proposed impacts within the flagged iurisdictional wetland
area.
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Thank you for
please contact Mr.
(919) 876-8441.
your time and cooperation. If you have any questions,
Thomas, Raleigh Regulatory Field office, telephone
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
Callahan Surveying Co., Inc.
C/o Mr. Wayne Simms
935 East Mountain Street, Suite 1
Kernersville, North Carolina 27284
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
r. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687