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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 0 o -.. od I 704-321-3284 NANTAHRLR TRLC&L 1 ME S ?sr re rye r riHK ?? 7? ?7: G LL ti d 0 r ?- N a W u V ? r O J 1 ?- W t z N Z4 t- y UD r 4 y CA W G Q ti N m S08 04? '182.71 • f I ? 1( ?i Y W W . U 3 a a ?r aJ% ao m z? ?Ln Nl? c r CAI 4 d 4' 704-321-3284 NANTAHALA TALC&LINES r r?l?er MHK se e7: Z4 F-v- 0 Y?) - zfQ ?? Q s Z? 0cleY 5f le5 0 6 f 6 ee?- C o u rt f,' . 7V4-321-3284 NRNTAHRLA IRLC&L1MES 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 ****************************** ( APR 02 '93 01:21PM ) * * * * DATE START REMOTE TERMINAL 1110DE TIME RESULTS TOTAL DEPT. FILE * TIME IDENTIFICATION PAGES CODE NO. * * * * * APR 02 01:18PM 704 321 4963 G3 ST 02'27" OK 04 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * >K>K>k>k>k>k%k%K>k>k>K>k?k>k>K>k>k>k>k>k>K>k%k>k>k>k>k>k>K>K>k>K>k>k>f:*>K>k>k>K3k>k*.>k>K>K>k>f:>k>k >k>K>K>K>K>k>k>k>k>k?k>K>K>k>k>k>k>1:>F:jK>k>K>k>k>k>k%K?>k>k>k>k>k?t:?k?K>K>K>K>k*.>k 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