19920654 Ver 1_COMPLETE FILE_19920101

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 r S . ._ ry 1992
IN REPLY REFER TO November 18, 1992
Regulatory Branch
Action ID. 199200574 and Nationwide Permit No. 14 (Road Crossing)
Nello L. Teer Company
c/o Mr. Steven S. Edgerton, P.G.
Post Office Box 1131
Durham, North Carolina 27702
Dear Mr. Edgerton:
Reference is made to the meeting on October 16, 1992, with Mr. John Thomas
of my staff and Mr. Larry Sink of Soil and Environmental Consultants, Inc.
(consultant for site) at the site for the proposed Lexington Quarry located
northeast of the intersection of Interstate 85 and N.C. Highway 8 adjacent to
an unnamed tributary to Abbots Creek, near Lexington, Davidson County, North
Carolina. The purpose of the site visit was to review proposed plans for the
aforementioned project, specifically a road crossing of the aforementioned
creek (road crossing that was identified in my letter dated December 19, 1991,
concerning the referenced project), and also to inspect the site for wetlands
subject to Department of the Army permitting authority.
The review of the proposed plans indicates that the construction of the
access road will involve a single crossing of an unnamed tributary to Abbots
Creek. The site visit revealed that the proposed road crossing is located
adjacent to the aforementioned tributary and that the crossing impacts waters
of the United States and would not include 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 (NWP).
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 1/3 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;
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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;
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 NWP provided it is accomplished in strict
accordance with the enclosed conditions. This NWP does not relieve you of the
responsibility to obtain any required State or local approval. Information
regarding issuance of a Section 401 Water Quality Certification may be
obtained through Mr. John Dorney, Division of Environmental Management, at
[phone].
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP 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
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP'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.
Please contact this office for any future proposed expansion that may propose
impacts to any water or wetland areas subject to Department of the Army
permitting authority.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919)
876-8441.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copy Furnished (with enclosure):
Soil & Environmental Consultants, Inc.
c/o Mr. Kevin Martin
1125 Cedarhurst Drive
Raleigh, North Carolina 27609
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
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
STAIZ
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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary November 12, 1992 Acting Director
Mr. Steve Edgerton, P.G.
Nello L. Teer Company
Post Office Box 1131
Durham, North Carolina 27702
Dear Mr. Edgerton:
Subject: Proposed Fill in Wetlands or Waters
Temporary road crossing
Davidson County
DEM Project # 92654
Upon review of your request for Water Quality Certification
to place fill material in less than one-third acre of wetlands or
waters for temporary road crossing located at Nello L. Teer
Company, Lexington Quarry in Davidson County, we have determined
that the proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. 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
919/733-1786.
Sincerely,
. Preston Howard, Jr. P.E.
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files REG1ONAl_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 [phone]
An Equal Opportunity Affirmative Action Employer

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WATER QUALI¢ bar of THE BEAZER GROUP
P. O. BOX 1131 DURHAM, N. C. U.S.A. 27702
OFFICE TEL: [phone]
TELEX: 6711650
October 30, 1992 FAX: [phone]
U.S. Army Corps of Engineers
Attn: Mr. John Thomas
Raleigh Regional. Office
6512 Falls of the Neuse Road
Suite 105
Raleigh, NC 27615-6846
Dear Mr. Thomas:
The purpose of this letter is to request Corps approval for
a temporary road crossing for the project to be known as the
Nello L. Teer Company Lexington Quarry. The property is located
near Lexington, NC, south of Interstate 85 and east of N.C.
Highway 8. The only jurisdictional areas to be temporarily.
impacted are an intermittent stream channel. This temporary road
will need to be constructed to allow construction equipment to.
build a permanent bridged road crossing from high ground to high
ground. Since the permanent crossing will be, bridged with no
culverts, it does not require a permit. There is only a stream
channel with no adjacent wetlands at the proposed temporary road.
crossing. Our wetland delineation of this area was reviewed by
you on October 13, 1992 with Larry Sink of Soil and Environmental
Consultants. Larry had previously met with a Mr. Knight of the
N.C. Wildlife Commission on site. Mr. Knight had no objection to
the project.
This drainage is an unnamed tributary to Abbots Creek. We
realize that this is a rather routine approval, but Tracy Davis
of Land Quality Section requested we address this issue with you
during his review of our mining permit. (See Corps letter to him
dated 12/29/91). Also, since this impact is less than 1/3 acre
and above headwaters, prior notification to the Corps and/or DEM
is not required for this work unless the district engineer
believes it is of "significant impact".
FOUNDED 1909
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Mr. John
US ACOE
Lexington
Page 2
Thomas
Quarry
Please call
information. We
are eligible to
for this work.
if you have questions or require further
would appreciate written confirmation that we
utilize any one of the various permits available
Sincerely,
NELLO L. TEER COMPANY
Steven S. Edgerton, P.G.
SSE/dg
CC: John Dorney,
Tracy Davis,
File
DEM Water Quality
DEM Land Quality