Loading...
HomeMy WebLinkAboutGumewood Estatesd,.. F/.g o J 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 7--??-9 Z 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 IWO SEP - gam 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; -2- 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. -3- 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