19920667 Ver 1_COMPLETE FILE_19921201

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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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary December 15, 1992 Acting Director
Mr. Eldridge R. Johnson II
c/o Ann J. Compton
Bob Tate Real Estate
Southern Pines, North Carolina 28387
Dear Mr. Johnson:
Subject: Proposed Fill
Road Crossings
Moore County
DEM Project #
in Wetlands or Waters
92667
Upon review of your request for Water Quality Certification
to place fill material in 0.166 acres of wetlands or waters for
road crossing located at SR 2023 in Moore 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. 14.
If you have any questions, please contact John Dorney at
919/733-1786.
Sincerely,
% Preston Howard, J P.E.
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville 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 919/571-4700 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
MEANUWUM INITIALS:
Reviewer: 14
TO; toA Dorney WO supv:
Planning Branch Date: G- -4Z
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT YR: 92 PERMIT-NO: 0000667 COUNTY: MOORE
APPLICANT NAME: ELDRIDGE R. JOHNSON II
PROJECT-TYPE: ROAD CROSSING PERMIT-TYPE: NW14
COE_# : DOT_# :
RCD_FROM_CDA: APP DATE FRM_CDA: 11/'0/92
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REG_OFFICE: FRO RIVER-AND-SUB--.BASIN-#:
STREAM_CLASS : Vj 5 .M
STR_INDEX_NO: / $ -a? 3 -/ 3
WL_IMPACT?:e_?,
WL_REQUESTED : o /(v ? fC2(?!
HYDRO_CNECT?:ON
MITIGATION?: Y,_
MITIGATION-SIZE: /
WL__TYPE :
WL_ACR_EST?: Ye
WL__SCORE (#) :/?-
MITIGATION_TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y6V
RECOMMENDATION (Circle One): SSUE ISSUE/COND DENY
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ACTION IDs '
DEM ID$
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT RZQUIRL NOTIFICATION TO CORPS OF Z&TGZNEbRS
IMTZONWZDE PERMIT THAT
RA RZQUIRZ INDIVIDUALISECT2 CERTIFICATION OCERTIFIICARTION
?IpNWZDE PERMIT
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
MENT M
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL 4ANAGE%fff
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO ,TR U
O
P.O. BOX 1890 AND NATURAL RESGURC
WILMINGTON, NC 28402-1890 P.O. BOX 24535
Nov ? 0 1992
ATTNt CESAW-CO-E RALEIGH, Tolophono,[phone] ATTN: MR. JOHN DORNEY ' $ 6j
Telephone (919) 733 WEiLANDS_GROUP_,
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THW Cv
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO T%iE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PTJASE PRINT.
1. OWNERS NAME: Fidridce R. Johnson TI ---
Youngs Road, Rex Geoe2aAhcltvcRY
2. OWNERS ADDRESS t i e s N. C. 28,i88
southern 3. OWNERS PHONE NUMBER (HOME): Q19 6g2-8139 (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CC?'tPORATE OFFICIAL, ADDRESS,
PRONE NUMBER t- Ann J Compton -
v'4-m+-c'
5.
Bob Tate Real 4c?TTt h^rn Pi npti \T. C ?_ ?
q19 6Q2-7809 wo v._ ..
919 692-4441 Home
LOCATION OF PLANNED WORK (ATTACH MAP)- COUNTY: Moore
NEAREST TOWN OR CITY: southern Pines ,
SPECIFIC LOCATION (INCLUDE ROAD NUMBERSF YLANDMAU- S,? ETC.):
sP rv i na
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6.
7. 1, RIVER BASIN: Vane Fear
8.• I'8 THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED NS TROUT, SA, HOW, ORW,
NS I, OR WS II? YES ( ] NO (;c)
9, HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( NO (x)
IF YES, ZXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLhHDSe LOCATED ON PROJECT-SITE: 220 3130/92
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NAME OF CLOSEST STREAK/RIVER:
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DEM IDs
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS TEAT RREEQUIRRE E SECTION 401NCERTI! RPS or CATION ?CONCCURRENCE
NATIONWIDE PERM
XMZO ZDE PERMITS TEAT REQUIRE INDIVIDUAL SECTION.401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER.
CORPS OF ENGINEERS
DSPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTNt CESAW-CO-E
Telephone•[phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL AANAGEME H _ T T
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOURC
P.O. BOX 24535 ,? ?9g`Z
RALEIGH, NC 27626-0535 7___ ATTN : MR. JOHN DORNEY c Telephone (919) 733 t)s SEC_r N-,
ONE (1) COPY OF THIS COMPLETED yr
ENGINEERS. SEVEN (7) COPIES
YT.FACF. PRINT. '
ENVIRONMENTAL MANAGEMENT. ?•
1. OWNERS NAMES r1dridtie R. Johnson IT_
°ounas Road, Fox Ge 0 e2aA DclLV' CP
2 . OWNERS ADDRESS: -- -- n ; ",m T\T . e . 2 8 3 8 8 3. OWNERS PHONE NUMBER (HOME ) : 919 6 9 2 - 8 l 39 (WORX) : --
4. IF APPLICABLE: AGENT'S NAM OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, -
PHONE NUMBER: Ann J. C o m.,ot o n ..
Rob Tate Real Fstate
0,19 Q ' r tr
919 692-4441 Fome r5oore
S.. LOCATION OF PLANNED WORK (ATTACH MAP)' OOUNTYs
NEAREST TOWN OR CITY: Southern Pine:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDNA=, ETC.):
romPRoota
this aermit is for a c?Rv2?23 fast across 02f2
_ +220 acres frontinr on
Branch.
6. NAME OF CLOSEST STREAM/
RIVERS noty '9ranJrh-`7 mE' 7. RIVER BASINt '
rang Fear-
a. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED NS TROUT, SA, HOW,•ORW,
WS Is OR WS 117 YES ( ) NO (:c)
9. HAvj& ANY SECTION 404 PERMITS BEEN [REVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES or WATERS OF THE U.S., INCLUDING
WSTLAANDS:, LOCATED ON PROJECT ' SITE: 2 3/30/92
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DEPARTMENT OF THE ARMY l5 l5 U j
WILMINGTON DISTRICT, CORPS OF ENGINEER
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 19, 1993 WETLANDS GK
Mamp OIIALITY SEC"D
Regulatory Branch
Action ID No. 199300542 and Nationwide Permit No. 14 (Road Crossing)
Mr. Eldridge R. Johnson II
Youngs Road, General Delivery
Southern Pines, North Carolina 28388
Dear Mr. Johnson:
Reference your application received in our office November 28, 1992, for
Department of the Army authorization to construct a road across a tributary of
Rooty Branch, off S.R. 2023, near Southern Pines, Moore County, North
Carolina.
Ms. Ann Compton, of Bob Tate Real Estate, met Mr. Jeff Richter of my staff
on October 16, 1992, to discuss this work. Upon your submittal of a PDN form
for this proposed road, a representative of the US Fish and Wildlife Service
(USFWS) notified us of potential adverse impacts to the federally endangered
red-cockaded woodpecker. Dr. J. H. Carter III investigated the area, and
submitted an opinion of no impact. By letter of December 22, 1992, USFWS
concurred with this finding. Therefore, your work can be authorized by our
NWP 14.
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;
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;

-2-
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 and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management and, in the coastal area, a consistency determination from the
North Carolina Division of Coastal Management. You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification, and
Mr. Steve Benton, telephone [phone], regarding consistency
determination. This NWP does not relieve you of the responsibility to obtain
other required State or local approval.
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.
Questions or comments may be addressed to Mr. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
- r' ' -3-
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Bob Tate Real Estate
ATTN: Ms. Ann J. Compton
Southern Pines, North Carolina 28387
Dr. J. H. Carter III
Post office Box 891
Southern Pines, North Carolina 28388