19920317 Ver 1_COMPLETE FILE_19920728

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State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SFCTION
July 9, 1992.
Ann B. Orr
Regional Manager

MR.MOR AM)T 1M
16 nq?
TO: John Dorney
401 Certification
THROUGH: Forrest R. Westall
Water Quality Regi Al /L1 sor
FROM: James R. Rei
Environmenta Ch 'st
SUBJECT: 401 Certifica on Comments
John Garvy
#92317
McDowell County
Asheville Regional staff recommend issuance of 401
subject project. The proposed project: consists of a
underground electric lines to serve a s.ncrl.e family
channel crossing for
residence.
As indicated on the map accompanying the 401 Application Form, the stream
in question would be an unnamed ephemeral. tributary to Crooked Creek. At
the indicated location, no tributary to Crooked. Creek was shown on the
Black Mountain topo sheet. Crooked Creep is classified "C" in the
Catawba River Basin. Based upon the minor scale of work described in the
application form, no site visit was conducted.
Please contact me if additional information -is required.
Enclosure
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
:ALITY SECTION Mj
Certification for
An Equal Opportunity Affirmative Action Employer
.aSAIZu
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 July 28, 1992 Acting Director
Mr. Chris Bailey
Duke Power Company
205 South Main Street
Marion, N.C. 28752
Dear Mr. Bailey:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Stream crossing for underground power lines
McDowell County
DEM Project #92317, COE Project #199202824
Upon review of your request for Water Quality Certification
to place fill material in 0.01 acres of waters for
crossing of Crooked (Glade) Creek for underground power line
located at SR 1100 in McDowell County, we have determined that
the proposed fill can be covered by General Water Quality ,
Certification No. 2664 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. 12.
If you have any questions, please contact John Dorney
at 919/733-1786.
Sincerely,
reston Howard,?J . P.E.
GTE: JD
Attachment
cc: Wilmington Dis rict Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 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
4 .... .T
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 13, 1992
Regulatory Branch
Action ID. 199202824 and Nationwide Permit No. "(Utility Line Backfill and
Bedding)
Mr. John Garvy
c/o Mr. Chris Bailey,
205 South Main Street
Marion, North Carolina
Dear Mr. Garvy:
Duke Power Company
28752
?,LTL UALITY ISECTIUfd
Reference your June 10, 1992 application for Department of the Army
authorization for the Duke Power Company to install a utility line under Glade
Creek located adjacent to S.R. 1100, in wall County, North Carolina.
There are no wetlands at the project site. This project has been coordinated
with the N.C. Wildlife Resources Commission (WRC).
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 404 of the Clean Water Act, was provided
for the discharge of material for backfill or bedding for utility lines,
including outfall and intake structures, provided there is no change in
pre-construction contours.
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. Contact regarding Section 401 Water Quality
Certification should be made through John Dorney with the N.C Division of
Environmental Management at [phone].
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
-
-2-
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.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Regulatory Office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker N.C. Wildlife Resources Commission
North Carolina Department of Mr. Chris Goudreau
Environment, Health and Route 6, Box 685
Natural Resources Marion, North Carolina 28752
Post Office Box 27687
Raleigh, North Carolina 27611-7687
014r. 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
4
gat a.w ?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
William W. Cobey, Jr., Secretary
i
Dear Sir or Madam:

George T. Everett, Ph.D.
Director
SUBJECT; 401 WATER QUALITY CERTIFICATION
lZ4 l:owP?? County, COE Project # 7 02 Z
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,
f e ?_
Eric Galamb
r/
Applic. t ^
cc: Ic% ?s DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmintnon 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
PO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
A,, Equal C)pt ,mw Affirmative A, n, n I` ,plod-
IMPORTANT
To
_
Date Time
WHILE Y WERE OUT
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of-- L9
Phone
AREA CODE NUMBER EXTENSION

l1 ( I
Messag

Signed

TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N C; nPnt. of EnvirnnmPnt. Health, and Natural Resources
?v v? Printed on Recycled Paper
DEM ID: 7
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
?1 . OWNERS NAME : Tnhn /. OWNERS ADDRESS: Sassafrass LN; Mt Hebron Rd; McDowell. County
l? 3. OWNERS PHONE NUMBER (HOME): 704-669-7762 (WORK):
?4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Dttk Pnu7pr
_ 205 South Main Street
Marion, NC 28752
/ Cris Rail_ey 704-652-2941
? 5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: McDoweII
NEAREST TOWN OR CITY: - Old Fort
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Mt. Hebron Road SR 1100
?6. NAME OF CLOSEST STREAM/RIVER: Crooked Creek
?7. RIVER BASIN: "Catawba"
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [ ]
?9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO [ ?]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
T t}tap 01 7c rn rrnnlr },e nnly
?/3/Q7

-2-
V '1. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: O
?12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Gros Crp k witil
Under Ground Power Tines
,// 13. PURPOSE OF PROPOSED WORK: To serve customer with electricity
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER'S SIGNATURE v DATE

4-0
DEM ID: ?'2 5 % ACTION ID:

JOINT APPLICATION FORM FOR
NA?'IONWIi)E P ITSiTHAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
i NATIONWIDE PE fiMT.TS;THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS)THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION

lJNGTQ_4 jD1STRICT ENGINEER WATER QUALITY PLANNING
CORPS OF?---' DIVISION OF ENVIRONMENTAL MANAGEMENT
'9
oyt DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
"??b W
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
?1 . OWNERS NAME: Tnhn (:arum
/2. OWNERS ADDRESS: Sassafrass LN; Mt Hebron Rd; McDowell. County
V3. OWNERS PHONE NUMBER (HOME): 704-669-7762 (WORK):
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: rn,ke Pmipr
Marion, NC 28752
Cris Bailey 704-652-2941
? 5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: McDowell r
NEAREST TOWN OR CITY: ' Old Fort
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Mt. Hebron Road SR 1100
/ _s
6. NAME OF CLOSEST STREAM/RIVER: Crooked Creek, ??- C2-
/
? 7. RIVER BASIN: "Catawba"
- ---
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
/WS I, OR WS II? YES [ ] NO [ J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [ ?]
IF YES, EXPLAIN.

k,Z f
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Loss tlin 01 arrtlin 01 e - rrnnk I?Prl nnl v
2/3/Q?
9?'?G';15,//
t
North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
June 25, 1992
Mr. Robert Johnson, Office Manager
U.S. Army Corps of Engineers Regulatory Branch
Room 75, Grove Arcade Building
Asheville, North Carolina 28801
SUBJECT: A review of an application by Duke Power Co. to cross
Glade Creek with a utility line, McDowell County
Dear Mr. Johnson:
Duke Power Company, on behalf of Mr. John Garvy, is
requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. The NCWRC has reviewed
information provided by the applicant, and professional
biologists on our staff conducted a site visit on June 18, 1992.
These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
Based on the information provided by the applicant and our
information on the range of trout in the project area, we do not
believe this project will cause significant effects to waters
supporting trout. Therefore, we do not object to the project as
proposed.
Thank you for the opportunity to review and comment on this
project. If we can be of further assistance-, please advise.
Sincerely,
at4? /SV1_'--1J?1
Dennis L. Stewart, Manager
Habitat Conservation Program
cc: Mr. Chris Goudreau, District 8 Fisheries Biologist
Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
i
Duke Power Company
Blue Ridge Area
Route 1, Box 730 - Hwy 1088
Columbus, NC 28722
? i DUKE POWER
Jui:c 10; 1992
Brevard
Hendersonville
l5 U Marion
Rutherfordton
Tryon
NA&L i t9?2
FIN
Mr. John Donley
Division of Environmental Management
NC Dept. of Environment, Health, and. Natural. Resourc-s
P. 0. Box 29535
Raleigh., NC 27626-0535
Mr. Dorno.y:
Duke Power has heen requestee, to supply Jr:der Ground electrica-l service
to a customer in McDowell County. To supp?_y this service it wil_l
require crossing a stream on the customer's property. I have contacted
Steve Cahpin wit'n the Army Corps, of Engineers, who ?.nstructed n1e to
forward a copy of this application to you. Please process as necessary.
Enc?_os(-d you wi_iI find an ipplicatioii form for 2 stream crossing in
McDowell County, North Carolina. I was instructed to request a "401'"
y ' t o ic?,ua 7 section F 1f 7 1,
general cert'f..cafl-lon concurrence or roil v,_.0l.
certi.f' icat,_on.
If you have any questions or need further inf_ormetion, 1>l_ease, ca-il me
C X704; 652-2012,
TI-tank you.
Cris Bailey
Engineering Asso. TIT
Duke Poorer Company