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Home My WebLink About19971028 Ver 1_Complete File_19971222State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director A 14 DEN R December 22, 1997 Avery County DWQProject #971028 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Toby Rash PO Box 134 Crossnore, NC 28616 Dear Mr. Rash: You have our approval, in accordance with the attached conditions and those listed below, to fill in less than 0.2 acres of waters for the purpose of road crossing at Newland, as you described in your application dated November 15, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This certification allows you to use Nationwide Permit Number 14 when it is issued by the Corps of Engineers. 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. 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 except as modified below. If you change your project, you must notify us and you may be required to send us a new application. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification at.d any additional conditions listed below. 1. Side slopes shall be 2:1 or flatter. 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. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Dorney Central Files Pston H , Jr. P.E. Environmental Sciences Branch 4401 Reedy Creek Road 971028.Itr Raleigh, North Carolina 27607 Telephone 919- 733 -9960 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper /.g DEH ID: Fo r'' 10 2 CORPS ACTION ID: �Q 110%,1rA 199 " NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 1):�,�N��S PRE - CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOT=- IGlTION TO :SE CORPS OF F.NGnMERS 21 APPLICATION t•OR SLC:IOH 401 CERTIFICATION 3) COORDINATION WITH TIC HC DIPISIOH OF CW -STAL HMGc"2INT SEND TEE ORIGINAL AND (1) COPY OF THIS COI- MLETED FORM TO TEZ APPROPRIATE Fl= OFFICE. OF TEE COP-PS OF ENGINEERS (SZZ AGZICY ADDRESSES SHEET) . SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DMSION OF ENVIRONMENTAL M- W.GaMNT (SEE AGENCY ADDRESSES SIMET) . PI.F.ASE PRINT. 1. Oiv'NERS NPYIE : l b bC4 2. HAILING ADDRESS: Pn ox I �1 SUBDIVISION HAM: CITY:._ ( OSS STATE: __L) C-" ZIP CODE: Pt,tWECT LOC_kq_'ION ADDRESS, INCT.ADT_NG SUBDIVISION N26YX (IF DIFirRENT FROM MilLING ADDRESS ABOVE) F ,• 3. TELEPHONE N ,-MBER (HOM- ) : 70-q- ?33 - ;8q 7 (WORK) 4.' Is ApPLIC.1.3LE: AGE'S N?Y-r OR RESPONSIBLE CORPORATE OFFICT_A..L, 'ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A N_kP, PREFERABLY A COPY OF USES TO RAPHIC ] H-A-P OR AEA PHOTOGRAPHY WITH SCPSE) : COUNTY: `-tom NEAREST TOWN OR CITY: c �tJA '1 .SP�ELCIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) : C7n I tcr0 6. IMPACTED OR NEAREST STREA.4tR -4/R RIVER BASIN: U EI"L 7a. IS PROJECT .LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA) , HIGH QUALITY WATERS (F.QW) , OUTSTANDING RESOURCE WATERS (ORW) , WATER SUPPLY (WS-1 OR WS-7-1)? YES ( j No:�\17. YES, EXPIAXIN: lb. IS THE PROjcCT LOCATED WITHEIN A NORTH t11-tOLINA DIVISION OF COASTAr, MAXAGr'l__.NT A.REk OF ENVIRONtr'NTp.L CONCERN (A.EC) ? YES ( j NO t4 7c. IF THE PROJECT IS LOOTED WITHIN P_'COA.STa.L COUNTY (SEE PAGE 7 FOR ' LIST OF COAST?S, COUNTIES)* WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Sa. HAVE A - -NY SECTION 404 PE-Pill-TS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES ( j NO t Is YES I PROVIDE ACTION 1. D. N%SER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORM_TION (INCLUDE PHOTOCOPY OF 40? C- RTlTICP_TI'ON) 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ( ] NO t - - IF YES, DESCRSBE A.NTICIPaTED WORK: 9a. ESTIMATED TOTAL NUMBER OF ?CRES IN, TRACT OF LAND: 45� QC.Ye.S (-)WrI E 4 9b. ESTI14ATED TOTAL. NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 4 r')r c%, 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: FLOODING: EXCAVATION: OTHER: U'X.8" Cu IvEr+ • DRAINAGE: TOTAL ACRES TO BE IMPACTED: - 10b. (1) STREAM CHIMMEL TO BE IMPACTED BY THE PROPOSED PROJECT (SF RELOCATED, PROVIDE DISrAMCZ BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: . FT AFTER: WIDTH BEFORE (based on normal high Water contours): ,WIDTH AFTER: FT AVERAGE DEPTH B EFORE : FT , P 'T ER : FT (2) STREAM CHU NNEL TUPACTS WILL RESULT FROM: (CIMCK 2LL TIT PPPLY) OPEN CF- %IWEL RELOCATION: PLs CST OF PYPE IN CE- AMTEL: CRAM EL EXCAVATION: CONSTRUCTION OF ' A DAM /FLOODING : •, OTHER: I!- IF CONSTRUCTION Ot A POND IS PROPOSEDt Wv4:3k-T IS THE SIZE OF THE tiATERScu..D DRAINING TO TIM POND? WHAT IS THE EXPECTED POND SURFACE IMEA? 12. DESCRIPTION OF PROPOSF9 WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PUNS: 8 1/2- X 11- DRAWINGS ONLY) 11/ -r� /n Cre k r hanr d of i4A Rd eQtJ'A�e 6=&.tg 1_S 1' oVF'r A,0 Li.:i/ {moo app rte/./ // �° TLS �iS �'i�P des oa /e ,YCwd 04, -A.,/ 6 2 �• - �T7>� e .,,Ivc -y;,' w1,11' be, burl ems✓ orie the j � L, • � SGnao. _ �a r Si]r / �,c� i // so�.lpr% If.,1�h 13. PURPOSE OF PROPOSED WORK: roA �XP1 `�� r101 I�� -eA - o /a... 1 - -- - 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT TN WETL?.NDS. (INCLUDE A.NY MEASURES TAKEN TO MINT_MT_ZE WETLAND 1HPACTS) : ` r 5 0 nro I S VPi'' LJ Ao l.S • 15. YOU ARE REQUIRED TO CONTACT THE U. S,. FISH AND WILDLIFE SERVICE (USERS) AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REG RDING THE PRESENCE bF ANY FF.DERA_LLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL iLABITAT ' • .IN THE PERN~T 1!REa THAT MAY BE BY TFs PROPOSED -PROJECT. DATE _ CONTACTED: I I I! -7, l q -7 (ATTACH RESPONSES FROM THESE AGENCIES . ) 16. YOU ALRE REQUIRED TO CONTA CT THE STATE i-.s.STOR -EC PRESERVAY'ION OFFICER (SHPO) (S-:. AGENCY ADDRESSES SHEET) REG RDrNC- THE PRESENCE OF HISTORIC •- PROPERTIES IN TIM PERMIT PRA rW-HICFi FAY BE AFFECTED BY ThM PROPOSED PROJECT. DATE CONTACTED: ' " 11 17-,l q7 • 17. DOES THE PROJECT INVOLVE AN EXPENDXTURE OF PUBLIC EUNDS OR TF= USE OF PUBLIC (STA-TE-1 LAND? YES. (J NO �j (i: NO, GO TO 18 ) a. Is . YES, DOES THE PROJECT REQUIRE FREPa•RATION OF )UR ENVIROW -E iTAL DOCLtx- -XT PURSUANT TO THE REQG_Rv -E X—E iTS OF TIME NORTH CAR0LINP_ ENV:.RONt —ENTAL POLICY ACT7 YES O NO (J _ b. IF YES, HAS THE DOCUMENT BEEP REVIEWED THROUGH THE NORTH CAROLINA DEPA.RT14XNT OF ADMINISTRATION STATE CLEAUNGHOUSE? YES (] NO ( ] IF ANSWER TO 17b IS YES, THEN SUBHIT APPROPRI.?TE DOCUMENTATION FROM THE STATE CLEA- RINGiOUSE. TO DIVISION OF ENVIRONMENTAL 14-ANAGEMENT REG;'MING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONM.ENT_AL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO HS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGHt NORTH CAROLINA 27603 -80031 TELEPHONE (919) 733 -6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED.OR FILL MATERIAL. INTO WETLANDS: a. WETLAND DELINEATION N_A.p SHOWING ALL WETLANDS, STREALMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY ST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVr,_U.BLE, REPRESENTATIVE PHOTOGR.A.PH OF WETLANDS TO BE IMPACTED BY•PROjECT. - - - C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACE�NT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORIx-WATER F-ANAG MENT PLAN IF REQUIRED. e. WK XT IS LAND USE OF SURROUNDING PROPERTY? f . IF "P_LIC?BLE, WHAT IS PROPOSED lfETHOD OF SEW-GE DISPOSAL? o. SIGN'E'D AND DATED AGENT AUTHORIZATION LETTER, IF "PLIC-13LE. NOTE.': WETLANDS OR RATERS OF THE U.S. Y NOT BE 114PE ACTED PRIOR TO t 1) . ISSUANCE OF A SECTION 404 CORPS OF- ENGINEERS PERH -11T r 2) EITEER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRON14—ENTAL FARAGE l--NT. (RATER QUALITY)- CERTIFICATION, AND ' 3) SIN TI- TFrr�TY COASTA -L COONT=- S ONZY) , A LETTER FROM THE NORTH CAROLINA DIVISION OF, COASTAL l6d4AGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT 'WITH THE NORTH CAROLINA COASTAL MANAGEt• -'NT PROGRAM. OWNE 'S /P_GENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18a.))' 5 '• �7 DP.TE C a1 � r T � 1 rri •), 6 i,- %��e iii �� J� '��) -_ ?OQ �� I III OUR Berry dse 4,� Braneh YT .y !�I �% I•� �'�� -° it C - � �� • 8( � � � �� )�� t iii' � � �� '/� `� ••� � � '�u _ _ � _ � " � �� - �� - � � � �� ,� 77 / o • • •• I d ranee ef 4 4200 \ C. l