19910128 Ver 1_COMPLETE FILE_19910202

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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. Cobey, Jr., Secretary May 28 , 1991 Director
Mr. Leonard Bruff
610 Country Home Road
Lexington, North Carolina 27292
Dear Mr. Bruff:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Pond Construction
Davidson County
Upon review of your request for Water Quality Certification
to place fill material in 0.05 acres of wetlands for pond
construction, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2176 issued
November 4, 1987. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
George T. Everett
GTE : JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Winston-Salem Regional Office
Mr. John Dorney
Central Files
REGIONALOFFICES
eville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
/251-6208 919/486 1541 704/663-1699 919/733-2314 919/946-6481 9 19/395 -3900 9 19/896 -7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal opportunity Affirmative Action Employer
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 15, 1991
M E M O R A N D U M
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TO: John Dorney
THROUGH: M. Steven Mauney
FROM: Eric Galamb 0
SUBJECT: 401 Certification
Tommy Bruff, Pond Construction
Davidson County
No site inspection was made of the subject property.
Due to the limited size of the wetland (0.05 acre), the WSRO
recommends that a 401 Certificate be issued to Mr. Tommy
Bruff. Please note that Pounder Fork Creek is a WS III and
B watershed.
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Attachment
cc: WSRO
April 22, 1991
Lexington, C.
Mr. John Dorney
';;'ater uality Section
Division of Environmental
N. C. Dept of Environment,
P. G. Box 27687
Raleigh, 11. C. 27611-7667
Dear Dorney,
?s RO
,l
r
P(.anafement
Health, unci l\,atural Resources
Pertaining to the information given to my father,
Tommy Bruff, as to what 1 need for the proposed pond,
you will find enclosed 2 copies of the Army Corps
of Engineer's letter and a map with the pond marked.
Hopefully this information will hel) me obtain a
section 401 Viater " uality Certification so that I
can stf_irt my pond.
Thank you,
?
Leonard Bruff
610 County Home Road
Lexington, 1?. C. 2724)2,
i lhone (704) 24(1 1781
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DEPARTMENT OF THE ARMY
r WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
% WILMINGTON, NORTH CAROLINA 28402-1890
IN Fio'LY RF. F'GR TO April. 8, 1991
Regulatory Branch
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SUBJECT: CESAW-C091-J-029 and Nationwide Permit No. 26{C?131?!?
Mr. Leonard P. Bruff
610 County Home Road
Lexington, North Carolina 27292
Dear Mr. Bruff:
Reference the meeting of March 26, 1991 with Mr. John Thomas of my staff
and Tommy Bruff (father of land owner.) at your property located off County
Home Road adjacent to an unnamed tributary of Pounder Fork Creek, East of
Lexington, Davidson County, North Carolina. The purpose of this meeting was
to discuss plans for a proposed pond on the aforementioned tributary, and to
inspect the site for wetlands subject to Department of the Army permitting
authority.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330, published in the Federal. Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams, and
their lakes and impoundments, including adjacent wetlands, that are located
above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States.
The meeting revealed that the proposed site is located adjacent to, and
above the headwaters of, an unnamed tributary of Pounder Fork Creek. The
review of the proposed development plans indicates that construction of the
pond will involve adverse modification to 2,100 square feet (0.05 acre) of
wetlands on the aforementioned tributary.
Your proposed work, involving adverse modification to less than an acre.
(0.05 acre) of waters of the United States located above the headwaters of the
aforementioned tributary, is authorized by nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. Please be
aware that this authorization does not relieve you of the responsibility to
obtain any other required State or local approval.. You should contact
Mr. John Dorney, North Carolina Division of Environmental Management,
[phone], to obtain the necessary Section 401, Water. Quality
Certification prior to starting work.
This verification will be valid until the nationwide permit is modified,
reissued, or revoked. All nationwide permits are scheduled to be modified,
reissued, or revoked prior to January 13, 1992. It is incumbent: upon you to
remain informed of changes to the nationwide permits. We will issue a public.
notice announcing changes when they occur. Furthermore, if you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have 12 months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit.
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Thank you for your time and cooperation. if you have any questions,
>lease contact Mr. Thomas, Raleigh Regulatory Field office, telephone (919)
346-0648.
Sincerely,
t , ne Wrig
hief, Regulatory Branch
losure
v Furnished (with enclosure):
Mr. Don Myers
Route 9 Box 382-A
Winston-Salem, North Carolina 27107
Copies Furnished (without enclosure):
Mr. John Parker
Division of. Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
post office Box 27687
Raleigh, North Carolina 27611-7687
Mr. 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
Regional Office Manager
North Carolina Department of Environment,
Health, and Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106

a. Any discharge oz areagea oL LLLL ???v??l??? ^??? ••?? -?- -- __. _.__
proximity of a public water supply.
b• The activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act, or destroy or adversely modify
the critical habitat of such species.
c. The activity will not significantly disrupt the movement of those
species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water).
d. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
g. An individual state water quality certification must be obtained or
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide permit.
h. The following management practices will be followed to the maximum
extent:
(1) Discharges of dredged or fill material into waters of the United
States will be avoided or minimized through the use of other practical
alternatives.
(2) Discharges in spawning areas during spawning seasons will be
avoided.
(3) Di6charge will not restrict or impede theytgrt?'?t }ome quatic
species indigenous
the relocation of passage of the
flows or cause
fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse impacts
on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.
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