HomeMy WebLinkAbout19930261 Ver 1_COMPLETE FILE_19930510State of North Carolina
Department of Environinent, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt Jr., Governor A. Preston Howard, Jr. P.E.
Jonathan B. Howes, Secretary - Director
April 2, 1993
Cal Stiles
Post.Office Box 190
Andrews, N.C. 28901
Dear Mr. Stiles:
Subject: Proposed fill in Wetlands or.Waters
Road crossing
Cherokee County
Project #93261, COE # 199301561
Upon review of your request for 401 Water Quality
Certification to place fill material in 60 square feet of
wetlands or.waters which are are tributary to Rogers Creek for
road crossing located at US 19/74 and SR 1651 in Cherokee County,
we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2732 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' General Permit No, 14.
If you have any questions, please contact John Dorney at
919-733-1786
Sincerely,
d/ Howard Jr. P.E.
93261.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney#
Central Files
REGONAL 0WICGS
Asheville Fayetteville Nlooresvillc Raleigh Washinginn
704/751.6208 919/456.1541 704/663-1699 919/571.4700 919/946•(131
Wilmington Winton-Salem
919/395.3900 919/896.7007
Pollution Prevention Pays
P.O. Ilos 29535, Raleigh North Caroliru 27626.0535 Te1cp1lonc 919733.7015
An Gyual Opportunity Affirmative Actinn Limploycr
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 19, 1993
Regulatory Branch
Action ID. 199301560 and Nationwide Permit No. 14
Mr. Louis Turitto
c/o Cal Stiles
Post Office Box 190
Andrews, North Carolina 28901
Dear Mr. Turitto:
(Road Crossing)
r
M01993
Reference your application of February 25, 1993, for Department of the
Army authorization to construct a culverted road crossing of Piles Creek at
your property located north of Highway 74/19 and east of S.R. 1389 near
Andrews, Cherokee County, North Carolina. Pile Creek is a tributary to the
Valley River which is a Designated Public Mountain Trout Water. The project
has been reviewed by the NC Wildlife Resources Commission (WRC) for potential
adverse impacts to designated trout waters.
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 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 one-third 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
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached March 2, 1993 WRC letter. This nationwide permit
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 John Dorney, Division of Environmental
Management, at (919) 733-1786.
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
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 David Baker in our Asheville
Regulatory office at (704) 259-0856.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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
A. 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
NC Wildlife Resources Commission
Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786
704-321-3284 NANTAHALA TALC&LIMES
t-?Y HU- ?IU r MHK .- lU -J-5 UJ J : 24
?7 MID: ACTION
r'+ Nation*i&Permit Requested (provide Nationwide Permit ----------..__-
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRIC'T' ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN.- OE,SAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Boy 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNE'Y
Telephone (919) 733-5083
OWE (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 MANAGENII?NT.
PLEASE. PRINT
1. Owners Name:
2. Owners Address: Anti rew S ?11 . ?` ? ? - - W -- -- -
3. Owkiers Phone Number (Home): _._.? (?(L) X.21-4555 5 (Work): - a ame _ --
4. If Applicable. Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH M.AP). County: _-.Che-r-okp P _
Nearest Town or City: -Lktrp
Specific Location (Include road numbers, landmarks, etc,): Lot at _ the south J% - t?- nnrnAr- ,n-r
.-ApD-. 4-5 My ag east of PRiir ?!?.?1I.?,, x_- ?? •?s3a-? B.i gar --[n the 'Was t.
b. Name of Closest StreanvRiver:
7. River Basin: V ley elver not
$. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YE [?] NO (? ] slur
9. Have any Section 404 permits been previously requested for use on this property? YES [ a N'
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site.
Small creek running thru property
11. Number of acres of waters of 6t U.S., including wetlands, impacted by the proposed project:
Fillcd:._ Lre hc?__i 11a? -apt- 5ft x 12_ft,
Drained: w?---? - -? -- -. _ ----?
Flooded: ---- - ?..._ - -
Excavated:
Total Impacted:
-- -- --:` --- ----•----_- -------------------------------------------------- ------------
M
?04-321-3284 NANTRHRLR I RLC&L 1 MEb 03 r re4/ e r I'IHK JU ?-J - G.J
12. Description of proposed work (Attach PL.AI?S-$ 1/2" X I'1" dxdwingS on3y): -- ins?a .
cu vert _16f t. l l _ s s n9
lone. l_ jn Rogers --
stream. Rip-ran willbe do.ne_ ---
stabi ized and er9sxon control measures installed and maintained and seeded.
13. Purpose of proposes' wor ":.-_-.__.-... ----
To construct a walkway across creek for campground. `
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
- --
taken to m1ninnize wetland impacts. P tlz d ".-
15. You are required to contact the the U.S. Fish and Wildlife Service (Lis WS) 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 FRC)lvt THE USFWS ANT)/OR NWS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the pre $ Cc e of historic
prop?enies in the pern-it area which may be affected by the proposed project? Have you done so? 'YE NO [ x]
RESPONSE FROM TIC SI-20 S14OULD BE FORWARDED TO COPZPS.
17. Additional information required by DEM:
A. Wedand delineation map showing all wetlands, strearns, 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?.c ampground
F. If applicable, what i5 proposed method of sewage disposal? ____.._.._
Date
wner tgnaturE
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C»]. Stiles
B0 1,90
Andrews, N.C. 2890.1.
(704) 321.-4555
Vebruary 24, 1993
Mr. Mark S. Davis
N.C. Wildlife Resources Commissiort
Rt. 1. Box 624
Waynesville, N.C. 28786
Dear Mr.. Davis,
:D.Sr r0210 Y I"IHK -)IJ -J-) U0J: ?4
'T'hank you for mecting w.i l:h me 1,oday. This lel,te;i- is a request
for permission for the construction grid addition of a culvert
Lo Rogers Creek located at Crer>.lcside Campgrotind adjacent t:o
old Peachtree road near Murphy, N.C..
We would like to install a five (5) foot diameter culvert,
:six (6) feel-, long ir, RogerS Creel:. As your requested it will
be placed one (1.) foot. below the e? i s t.ing stl-enrrt bottom and
on grade with the existing stream channel.
Rip-rap will. be done before: Faaclti filJ..jrIg the culvert. The
area w:i J 1 be s tabi l l zed and erns iuri control measures
i
n-,Jalied and maintained until romplet'.ion of the project.
Any necessary seeding will be done.
As we discussed, T am se:nclirig a copy o#' this regLiest to Mr.
David Baker with the Army Corps of ErigineE•rs. Please advise.
5 ineere 1. y,
C&I Stiles
State of North Carolina
.:.Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh. North Carolina 27626-0535
TELFCOPY TO:
a I
FAQ. NUi?BEK. ._?_
FK0N11:. PHONE:
WATER QUPLITY SECTION
FAX # (919) 733-1338
-` U
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
__?___
TRANSMISSION REPORT
?Y
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( APR 02 '93 01:21PM )
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704-321-3284 NHNIHHHLH IHLC&LII'1t5
0_5( [ 10 /10 ( 11IHK Jvl " 7J YJ7- GO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO, BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY RF9eR 7o
Regulatory Branch
March 19, 1993
Action TD. 199301561 and Nationwide Permit No. 14 (Road Crossing)
Mr. Cal Stiles
Post Office Box 190
Andrews, North Carolina 28901
Dear Mr. Stiles:
Reference your application of February 25, 1993, for Department of the
Army authorization to construct a culverted road crossing of Rogers creek at
Creekside Campground located at the intersection of Highway 19/74 and S.R.
1651 near Marble Community, Cherokee County, North Carolina. Rogers creek is
a tributary to the Valley River which is a Designated Public Mountain Trout
Water. The project had been reviewed by the NC Wildlife Resources commission
(WRC) for potential adverse impacts to designated trout waters.
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 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 one-third acre. Furthermore, no more than a total of 200
linear feet of tha 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
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
704-321-3284 NHNIHHHLH IHLUKLIMLb JJr rVjb/U( riHK _A/i ??-co
1
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached March 2, 1993 WRC letter. This nationwide permit
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 John Dorney, Division of Environmental
Management, at (919) 733-1786.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, period, revoked. this verification will remain valid for the 2 years if, during that p
the nationwide permit authorization is reissues without modification or tho
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
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 David Baker in our Asheville
Regulatory office at (704) 259-0856.
sincerely,
te &Wrhief, Regulatory Branch
Enclosure
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
March 19, 1993
Regulatory Branch
to r '"?
MAR ? 9 3 019
'i
Action ID. 199301561 and Nationwide Permit No. 14 (Road Crossing)
Mr. Cal Stiles
post office Box 190
Andrews, North Carolina 28901
Dear Mr. Stiles:
Reference your application of February 25, 1993, for Department of the
Army authorization to construct a culverted road crossing of Rogers Creek at
Creekside Campground located at the intersection of Highway 19/74 and S.R.
1651 near Marble Community, Cherokee County, North Carolina. Rogers Creek is
a tributary to the Valley River which is a Designated Public Mountain Trout
Water. The project has been reviewed by the NC Wildlife Resources Commission
(WRC) for potential adverse impacts to designated trout waters.
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 Novemper 22, 199i, 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 one-third 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
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached March 2, 1993 WRC letter. This nationwide permit
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 John Dorney, Division of Environmental
Management, at (919) 733-1786.
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
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 David Baker in our Asheville
Regulatory office at (704) 259-0856.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-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
1/4r. 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
NC Wildlife Resources Commission
Mark S. Davis
Route 1, Box 624
Waynesville, North Carolina 28786