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Home My WebLink About19920270 Ver 1_COMPLETE FILE_19920625O.SU7F0 ?f 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 June 25, 1992 George T. Everett, Ph.D. Director Mr. Robert K. Swieter Route 2, Box 51 Todd, N.C. 28684 Dear Mr. Sweiter: Subject: Proposed Fill in Headwaters or Isolated Waters Road crossing Watauga County DEM Project #92270 Upon review of your request for Water Quality Certification to place fill material in less tha one acre of stream bed for culvert placement for a road crossing located at Rittle Fork Creek in Watauga County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2732 issued May 1, 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. 14. The culvert must be placed about one foot below the normal creek bottom. Construction shall not be done from October 15 to March 15 to prevent damage to trout spawning from sedimentation. If you have any questions, please contact John Dorney at 919/733-5083. Sincerely, _?'d Pe e T. Everett GTE: JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Regional Office Asheville DEM Regional Office Mr. John Dorney Central Files Dennis Stewart, N.C. Wildlife Resources Commission 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 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION June 19, 1992 M E M O R A N D U M To: John Dorney Through: Steve Mauney";'_? From: Jim Johnston Qf SUBJECT: 401 Certification #92270 Robert K. Swieter Culvert for Driveway Watauga County J1 ! sm Rittle Fork Creek is designated C Trout. No wetlands are involved in this project. WSRO has no objections to the project as proposed as long as erosion control measures are maintained to protect downstream aquatic resources. CC: WSRO DEM ID: qz `27a ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION R CT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 40 C?T ATI CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVI AL SSG ON 4.? TI,FIC#I0N 't VI\ WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER Q Y P TSB`'' DIVISION OF AL MANAGEMENT NC DEPAR ENT VIRONMENT, HEALTH, AND NA RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 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: Robert K. Swieter 2. OWNERS ADDRESS: Rt 2 Box 51 Todd, NC 28684 3. OWNERS PHONE NUMBER (HOME): ?6) ??- 7 6 (WORK): Wx/ -° U ? UCH L- 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: 4 l,- NEAREST TOWN OR CITY: Boone SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 2100 feet north of the intersection of NC Hwy 194 and NCSR 1335 6. NAME OF CLOSEST STREAM/RIVER: Rittle Fork Creek 7. RIVER BASIN: 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ 1 NO [ 1 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X1 IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: N/A 2/3/92 ?? L.- • ?Ft7' I E E % L32 .9 ?S I tli r t ,J ` ?u 6161 Y1 _?s - •' \ , 1. 13.1 A 1 N /^ ?•I STATE LINE % STONE GAP RAID MTN. FOR ?\ -.t0/ C ?.. ??`irW?FL ,19.1 FIELD RAID tv 471 \ ?- \ 44 ELEV. 4919 '0 1276 275 -- / it 1].a ? Lr- I?1 4 1 1227 129 " wpTER ?l` ?4 `\I1 ? 17]3 1271 •? .5. lgs , B h .e L0.99" 16°20' 12m Zionville??? 8 - 2?? ? • 1 I ?? SNAKE MTN. 127. i ( ~ 3301 1't ELEV. 5574 ?: .• ?I '..-? . .r Reese BUCKETS KNOB','' " 1 b .1 \ °, `. ELK KNOB 131. to c e ELEV. 4400 Mabel' RICH "TN. 3]93. 1555 RITTLOI S /P • 194 _ GAP 1 •L. r ! 1!/ 17261 w L397? •n \ \ ;f•Il ` 1240 MTN. 1 ! f 1220 .I b L]Q2 , Pleasant I 194^., P? 12181 Valley CIL/ "j. ,' v a t*S 'P 1304 RICH MTN7 . .y 7 r ,4 ?_- 1 b /I ^ I L;1o v n : ELEY.512 ` iti G 1 I" Y 1221 ! •? ry , tl 11.4.,1 ?. .;?_ r e" 125 I l? Todd •-• 1305 n 1 -1201 .6127" 'r^ 310 ( 13x9 `Y 1364 +S l`I 1 b177x 371 fe )-0 1]39 12]7 uos .a ' y•378 POTATO Kamp 1 " Iu s? 130 3106 ?? :4I¢Of ( , 13 II3.7 13.7 v\ 'a \ G f5ilversrone 1 127 .e v 1.7 t1 - n 4 .a 12a0 1213 Masfj a 9 ?, L293 1779 .7 .a 1217 n? 1 39 \ 17TI r. L2:Z 9 1 .) 1211 '6` '2 '6 J i]v." 1797 1 6 \ IIIe '31396 ?- •? .7.1 + 3 37 1 3 1333 123] ltrs 5 e 9 0. 133, m < ^ t `FR +\ J 1215 \0 \ ?4 CO Amantha 1722 136, 1350 352_ 1?2\ 1 "' 13! `; ? ?O • •y ?? ?•3, !1 ?\ 0 2"- 1\ 1102 7 171. 1336 1210 ]69 1211 'e 1 y 7 SUGARL AF 1.3 .9 .P •y .• 'B ~ / J !J O .7 1.1 I 1211 1212 ? 131, o 1.1 MTN. °Cieek \ 1734 %1]12 IJ77 +V 7 - 1395 _1}n. Sherwood 2 1323 ` 1306 1322 1.2 - n'24 !? x'1'0- .11353 `o ^b?1201 4x1 ` °/ f9 . 325 `_ ti 3L Sugar t]zs .1 1.9 1 iii •. d 1x36 !?\ 1.? Grove 7x1 9. - \1712 .8 1102 •J ) I n P ?1£ .. 1,2 FAP :i X11 ?.,/ 26 '? I]3] II]1 8 !Q b 1321 1 11 o 1379 'J 1354 jt12 y CPe.(, ; .«- 1]33 1380 1320 3?4 179? 1]06 1.1 Sande !f ° un plf? l .m bIl+. 2K /% w nss villas 1755 I lag 1792 1,a .x 117 7 tJ ? U CI4 0 6'z Qi Izi 71111 AuSi B '.c\ 1313 'yow !32?-, ? tiE, . 1 GAP • ; wT I?s/?y 1'"177 ? i 1a2 ??? 1 ./ •f, 7. rr 3.0 0 n t 194 .9 J )797 1716 1118 A 1165 Ita2 FAP LOV111 HOWARD KNOB -_ N ,? SOUTH 13]1 r ,M1 j ?.0 .? )Ji GRv1 BOONE ELEV. 4445 7?• .) _ .) 17x1 - 1 ' b 178: d - r ROn1Cl9er 320 1119 0 \• .J 1115 4111111 F0 A. POP. 10,791 •A , P 1U7 ? \ 9"` 1f Id 1113 1141 F, :Adams e F4P :?, RVBIerw00 194 I /IJV?^? l - -.-? d71 ?_. 1j15t2 ?d? I %s 1 C dA` 194 ?:!9 N ?I.I -16151y„ YM Te.F .e • /J 5 ROCK v.. u 1129 4 i 905 dEVA07 G :. ?9T b, f FAP7 1 J? _ i 1 ! ti ?'. A ?f 166 12 ROCKY FACE qGC. L Si:, ,, w v ,i 914 xt ate ., 1 d03-n.P ,• Vella Cruus 21 I579 1630 1127 1 O c/F? 115 ^?<I17s 1160 x Q 9 _ 1 .0 \ :i ?, < Id20 n' ?O ?T FAP 105 17 ' 1132 .? .J 1112 / y R rr• IS93 !1 10- ".1 ?• 1176 1111 ,? 9 i 1606 - :. p .? L42? 71 . 1514 16]a ?. •7' Gt FA `? n ` • `? !222 ?; .J 1150 ?- t/'1 .1 .I J' / I?3 J n !L4 1 1 .C` 1.1 113 .Q 1117 7\1611I.x . :1,•MaMMy !) 317]/ I-" /? I{ .1 412 L ISII ^ 1130 I1J1 `y4 NATIONAL `e 154 J O`t?' ls_=7 PI ?Q2a1 f A 8 Is11 FO v F'S? \? '• 'i V ar .J t> t.7 _ n ?) 1525 1134 16 P Isn \ BOWERS \ 6 ?' 56.115 V"r u<I o-I 15]2 .? i Ine o . GAP ti 11]4 1157 JJ 9 mill VSC ?? 15761 / ISeI iL.' V? ISIa 1541 .0 1525 Q 0 I 1176 F 0 1531 36]9.5 I51A .`' -11 FIAT TOP MTN. L !,0 •f ?, R ?? IIy 3 ?' •61 Iles =: + ? ELEV_A4595 }? 0 J J'Q _f /? 11 > 549 ..161]7 1 ai n?7 _ Ah0 L O to '1..' > Id1A $21 Z !? r,- ,,.r.•"•'.:': " / .y .I MAST KNOB '? 1539 1 a:r?• • - _ 334 2.7 FOREST ? •S a «: \ ;Fb P?pA Qi' .35x61 ??'+,qi i:::;::k?:'•? A.0 Qr 22 SAMPSON MM i3yo 101 SEVEN Of its C11E / <. h. F'? t 1• POP 61 9 BLOWING G ROCK 71 ;:.; \ 7• `? p1f' o POP. 1,777 i ' G WATAIIGA 14 15611'7 u _ ??? rrIWATAUGA co. 271S ` ?VFIIY 7? j 0 3.•'61 P 1162 `CAIDWEIt CO. 67}.... x 1379 w L7 ?..? C . AANDPATHER MTN.. .-?A._+ twv. 1964 .. \ 21 72 • 1 O ? • f ` C A L D W E L L C O U N T Y L 1IYIUNICIPAL ENGINEERING SERWC-E?6 . A. Post Office Box 97 ost Office Box 349 Garner, N.C. 27529 Boone, N.C. 28607 772-5393 (704) 262-1767 #AX (919) 772-1176 FAX (704) 265-2601 TO 1NL.C `VI%lWyLL g (I llMiEhl`ftly I-IA9MWf,0 ?4A aamY??T y 1J DATE 5-44-9j._ JOB NO. F?o c)^? `?- ATTENTION L RE: w? WE ARE SENDING YOU [Attached ? Under separate cover via the [ffo ? Shop drawings ? Prints ? Plans ? Sale hU ° cations ? Copy of letter ? Change order ? COPIES DATE NO. DESCRIPTION `-` - 1 o v? vu i 441 It It It tI -Z o G ?I o Scr3 LCIft bw o a -- 1-1 -41Tt p THESE ARE TRANSMITTED as checked below: ? For approval ? Approved as submitted ? Resubmit copies for approval ? For your use ? Approved as noted ? Submit copies for distribution ?As requested ? Returned for corrections ? Return corrected prints ? For review and comment ? ? FOR BIDS DUE -19-0 PRINTS RETURNED AFTER LOAN TO US )PY TO SIGNED: If enclosures are not as noted kindly notify us of once, 104-0 APR 19,12 ® North Carolina Wildlife Resource; 512 N. Salisbury Street, Raleigh, North Charles R. Fullwood, April 13, 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 Services Company, P.A. to Rittle Fork for a private X6`04- 9 by Municipal Engineering place a culvert in drive, Watauga County Dear Mr. Johnson: Mr. Michael Trew, P.E., Municipal Engineering Services Company, P.A., P.O. Box 349, Boone, North Carolina 28607, on behalf of their client, Mr. Robert Swieter, 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. 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). The applicant proposes to place a 54" x 50' culvert in Rittle Fork with concrete headwall on the upstream side and flared headwall on the downstream side. This culvert would eliminate a ford for a driveway crossing. The applicant also proposes to run a 6" water main from a headwaters spring down his driveway and over the top of the culvert. The site was visited by staff biologists on April 9, 1992. Rittle Fork is a tributary to Meat Camp Creek, which is Designated Public Mountain Trout Water. Rittle Fork at the site has an average width of 5.6 feet bankfull and a substrate of sand, gravel, cobble, rubble and bedrock. A small pond is located on the headwaters approximately 0.3 mile above the site. Fish population data collected on April 9, 1992 by the NCWRC revealed a population of brook trout. No wetlands are present, and no habitat conditions that would likely support any d eyed threatened or special concern species were observed. en ang , i " Memo Page 2 April 13, 1992 The NCWRC places special emphasis on protecting wild brook trout populations as North Carolina's only native salmonid. This project has the potential to impact aquatic resources through sedimentation. Sedimentation has the potential to reduce fish numbers through habitat destruction, reduced oxygen levels, lower levels of food and reduced reproduction. Use of equipment in and near the stream has the potential for introduction of pollutants into the aquatic system. Physical alteration to stream habitat has the potential to alter aquatic community structure and restrict fish movement. While our preference would be a bridge at this site, we will not object to the use of a culvert provided the following conditions are implemented: 1) Construction is nrohibi:ted during the brook trout spawning period of October 15 through March 15 in order to protect the egg and fry stages from sedimentation. 2) The culvert must be placed one foot below the normal stream bottom. There should be no vertical drop at the outlet end. 3) The culvert must be placed on the same grade as the stream so that water velocity through the pipe does not increase to the point that fish passage is eliminated. Rittle Creek has a velocity of 2.7 feet per second at the site. Therefore, normal flows through the 50-foot pipe must not exceed 3.0 feet per second in order to provide trout passage. 4) Erosion controls must be installed and maintained throughout the life of the project and permanent vegetation established on all disturbed soils once the project is completed. 5) Construction must be accomplished so that wet concrete does not contact water entering or flowing in Rittle' Fork. This will reduce the likelihood of fish kills associated with headwall construction. Thank you for the opportunity to review and comment on this project. If we can be of further assistance, please advise. Sincerely, Dennis Stewart, Manager Habitat Conservation Program DLS/lp cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist Mr. Joe Mickey, District 7 Fisheries Biologist ol* Regulatory Branch Action ID. 199201908 and Na Mr. Robert Sweiter c/o Mr. Michael P. Trew, P.E. Municipal Engineering Services Company, P.A. Post Office Box 97 Garner, North Carolina 27529 Dear Mr. Sweiter: RECEIVLJ MAY 8 1992 CoW Crossing) Reference your agent's application, dated March 20, 1992, to the N.C. Wildlife Resources Commission, for Department of the Army authorization to culvert Rittle Fork Creek, Watauga County, North Carolina. The purpose for the culvert is for a driveway crossing to access a house site. For the purposes of the 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 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; c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected highflows 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 • q -2- 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 and with the conditions outlined in the enclosed WRC letter dated April 13, 1992. This nationwide permit does not relieve you of the responsibility to obtain any other required State or local approval. Please contact Mr. John Dorney, N.C. Division of Environmental Management, (919) 733-1768, to obtain a waiver or water quality certificate for the proposed work. This permit is effective upon receipt of the waiver or certification. 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 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 authorization, 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. Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, Regulatory Branch, telephone (704) 259-0014. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure 00 1 GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the,U.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely VVI -2- modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Notification (for fills in special aquatic sites, including wetlands). a. Where required by the terms of the NWP, the prospective permittee must notify the District Engineer as early as possible and shall not begin the activity: (1) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). b. The notification must be in writing and include the following information and any required fees: 71 f. -3- (1) Name, address and telephone number of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or related activity; (4) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted; (a) The USFWS/NMFS regarding the presence of 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; and any available information provided by those agencies. (The prospective permittee may contact Corps District Offices for USFWS/NMFS agency contacts and list of critical habitat.) (b) The SHPO regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available information, if any provided by that agency. 14. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. 15. Shellfish Production. No discharge of dredged or fill.material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 16. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies,. etc.) and material discharged must be free from toxic pollutants in toxic amounts. 17. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided-to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation plan for the specific regulated activity. -4- 18. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 19. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 20. Adverse Impacts from Impoundments. 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 shall be minimized to the maximum extent practicable. 21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 22. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. NOTES: 1. Qualification for and issuance of a nationwide permit does not relieve the applicant of the need to obtain any other required State or local permits. 2. Should all or part of a proposed activity be located within an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a CAMA permit is required from the North Carolina Division of Coastal Management. Should an activity within or potentially affecting an AEC be proposed by a Federal agency, a consistency determination pursuant to 15 CFR 930 must be provided to the North Carolina Division of Coastal Management at least 90 days before the onset of the proposed activity. REGIONAL CONDITIONS 1. All crossings must be from high ground to high ground. 2. Bulkhead and riprap structure alignments will not extend farther than an average distance of 2 feet waterward or a maximum distance of 5 feet from the mean high water elevation contour in tidal areas or from the normal water line elevation contour in nontidal areas. 3. All backfill material will be obtained from an upland source and confined landward of the bulkhead or riprap structure. -5- 4. Bulkheads and riprap structures must be impervious through structural tightness or the use of a suitable filter cloth and in place before discharge of backfill material. 5. No excavation is permitted by this general permit except for that required for installation of the bulkhead wall, deadmen, cables, etc. 6. This permit is not applicable to any work on Atlantic Ocean beaches. 7. All fill material authorized by this permit must be obtained form an upland source. 8. Bridging is required in areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission in order to allow the continued use of upstream waters for spawning. Use of culverts in these situations is not allowed. STATE CONSISTENCY CONDITIONS 1. Under this permit, all crossings must be from highground to highground. 2. Under this permit, the roadway width shall be minimized as much as practicable and that no practicable alternative exists. 3. All fill material authorized by this permit must be obtained from an upland source. 4. Established erosion control practices shall be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management; 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). 5. Under this permit, bridging is required in areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission in order to allow the continued use of upstream waters for spawning. Use of culverts in these situations is not authorized under this permit. 6. The applicant must receive written concurrence from the North Carolina Division of Environmental Management that the proposal is certified under the Section 401 Water Quality Certification Program. -6- 1. If the proposed activity is within the North Carolina Coastal Area, the applicant must receive written concurrence from the North Carolina Division of Coastal Management that the activity is.consistent with the North Carolina Coastal Management Program. GENERAL CERTIFICATION CONDITIONS 1. Proposed fill or substantial modification under this General Certification requires written concurrence from the North Carolina Division of Environmental Management. 2. If written concurrence is not issued by the North Carolina Division of Environmental Management within 45 days from receipt of a complete application by the Division's Section 401 Certification Office in Raleigh, then Section 401 Certification is waived for this Nationwide Permit unless additional information is requested in writing by the Director. 3. The width of the fill is limited to the minimum needed for the actual crossing. 4. The roadway width shall be minimized as much as practicable and that no practicable alternative exists. 5. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management, 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). 6. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. 7. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. 8. Concurrence from the North Carolina Division of Environmental Management that this Certification applies to an individual project shall expire three years from the date of the cover letter from the North Carolina Division of Environmental Management. -r 4 Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director April 13, 1992 2?b 4 x,66 Mr. Robert Johnson, office Manager U?1992 U.S. Army Corps of Engineers ? Regulatory Branch "' Ift, Room 75, Grove Arcade Building 3 Djl!'80? Asheville, North Carolina 28801 Subject: A review of an application by Municipal Engine Services Company, P.A. to place a culvert in Rittle Fork for a private drive, Watauga County Dear Mr. Johnson: Mr. Michael Trew, P.E., Municipal Engineering Services Company, P.A., P.O. Box 349, Boone, North Carolina 28607, on behalf of their client, Mr. Robert Swieter, 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. 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). The applicant proposes to place a 54" x 50' culvert in Rittle Fork with concrete headwall on the upstream side and flared headwall on the downstream side. This culvert would eliminate a ford for a driveway crossing. The applicant also proposes to run a 6" water main from a headwaters spring down his driveway and over the top of the culvert. The site was visited by staff biologists on April 9, 1992. Rittle Fork is a tributary to Meat Camp Creek, which is Designated Public Mountain Trout Water. Rittle Fork at the site has an average width of 5.6 feet bankfull and a substrate of sand, gravel, cobble, rubble and bedrock. A small pond is located on the headwaters approximately 0.3 mile above the site. Fish population data collected on April 9, 1992 by the NCWRC revealed a population of brook trout. No wetlands are present, and no habitat conditions that would likely support any ecial concern species were observed. endangered, threatened or sp Memo Page 2 April 13, 1992 The NCWRC places special emphasis on protecting wild brook trout populations as North Carolina's only native salmonid. This project has the potential to impact aquatic resources through sedimentation. Sedimentation has the potential to reduce fish numbers through habitat destruction, reduced oxygen levels, lower levels of food and reduced reproduction. Use of equipment in and near the'stream has the potential for introduction of pollutants into the aquatic system. Physical alteration to stream habitat has the potential to alter aquatic community structure and restrict fish movement. While our preference would be a bridge at this site, we will not object to the use of a culvert provided the following conditions are implemented: 1) Construction is prohibited during the brook trout spawning period of October 15 through March 15 in order to protect the egg and fry stages from sedimentation. 2) The culvert must be placed one foot below the normal stream bottom. There should be no vertical drop at the outlet end. 3) The culvert must be placed on the same grade as the stream so that water velocity through the pipe does not increase to the point that fish passage is eliminated. Rittle Creek has a velocity of 2.7 feet per second at the site. Therefore, normal flows through the 50-foot pipe must not exceed 3.0 feet per second in order to provide trout passage. 4) Erosion controls must be installed and maintained throughout the life of the project and permanent vegetation established on all disturbed soils once the project is completed. 5) Construction must be accomplished so that wet concrete does not contact water entering or flowing in Rittle Fork. This will reduce the likelihood of fish kills associated with headwall construction. Thank you for the opportunity to review and comment on this project. If we can be of further assistance, please advise. Sincerely, Dennis Stewart, Manager Habitat Conservation Program DLS/lp cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist Mr. Joe Mickey, District 7 Fisheries Biologist ` 7? I TION ID: ID: q??4 D: 1;cJ 1 t s,,, ... JOINT APPLICATION FURL"Ff3R~----'='' _.__._._ _ 1 NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION,,fCONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401.,CERT1FICATION /?%?, ,. WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUAaOF DIVISIO NC D T P.O. BOX 2953T` RALEIGH; NC 276.2. ATTN: MR. JOHN D00tY Telephone (919) 3-5083 , HEALTH, 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: Robert K. Swieter 2. OWNERS ADDRESS: Rt _2 Box 51 Todd, NC 28684 3. OWNERS PHONE NUMBER (HOME): 6 U'1 q.5(? (WORK): 7t-^4" ? IS-1 0 t 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY : I-PA-- / u 4 NEAREST TOWN OR CITY: Boone SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 2100 feet north of the intersection of NC Hwy 194 and NCSR 1335 6. NAME OF CLOSEST STREAM/RIVER: Rittle Fork Creek 7. RIVER BASIN: 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 [ ] NO [X] IF YES, EXPLAIN. 10. 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