19930303 Ver 1_COMPLETE FILE_19930719

DEPARTMENT OF THE ARMY
19.93
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 WLI LnNLu E
August 26, 1993 WATER UALP SEC;T, 1
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199303723 and Nationwide Permit No. 12 (Utility Line Backfill
and Bedding)
Town of Long View
c/o Mr. E. Bruce Morgan, Administrator
2404 First Avenue Southwest
Long View, North Carolina 28602
Dear Mr. Morgan:
Reference your July 12, 1993 application, submitted on your behalf by
Hayes, Seay, Mattern, and Mattern Incorporated, for Department of the Army
(DA) authorization to cross Drowning Creek with a 16-inch water main along SR
1653 near Long View, in Burke County, North Carolina. The water main will be
installed underneath the Drowning Creek channel. No wetlands will be impacted
by this work. A 12-inch water main will also be installed in the vicinity.
However, no waters or wetlands will be crossed or impacted by it. This
project has been coordinated with the NC 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 (NWP).
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 and provided
you receiva"a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit 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 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,
i.
-2-
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 Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
15 John Dorney
ater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Chris Goudreau
Route 6, Box 685
Marion, North Carolina 28752
Mr. A. W. Shoolbred, Jr.
Hayes, Seay, Mattern, and Mattern, Inc.
Post Office Box 2646
Spartanburg.,.South Carolina 29304
State of North Carolina
partment of Environment,
Vaith and Natural Resources •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N F1
A. Preston Howard, Jr., P.E., Director
July 28, 1993
E. Bruce Morgan, Administrator
Town of Long View
2404 First Avenue S.W.
Long View, N.C. 28602
Dear Mr. Morgan:
Subject: Proposed fill in Wetlands or Waters
Water main construction
Burke County
DEM Project # 93503
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.02 acres of wetlands or
waters which are tributary to Drowning Creek for water main
construction located at SR 1653 in Burke County as described in
your submittal dated 12 July 1993, 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 this Certification is unacceptable to you, you have the
right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this Certification. This
request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. Unless such demands are made, this
Certification shall be final and binding.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,
1? ??
reston Howar , Jr. P.E.
93503.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
145 Church Street
Business Technology Center Hayes, Seay, Mattern & Mattern, Inc
P.O. Box 2646
Spartanburg, South Carolina 29304 ARCHITECTS • ENGINEERS • PLANNERS
[phone]
FAX [phone]
hI. 1 61993
July 12, 1993
A5
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment, Health
and Natural Resources
P. o. Box 29535
Raleigh, NC 27626-0535 40 1ISSUED
Re: Long View, N.C.
Water Main Crossing Drowning Creek
Dear Mr. Dorney:
On behalf of the Town of Long View, we are enclosing seven copies each of the "Joint Form
For Nationwide Permit", location map for the subject project, and creek crossing profile.
Your review and approval will be most appreciated.
Should there be any questions or if additional data is needed, please call upon us.
Sincerely,
HAYES, SEAY, MATTERN & MATTERN, INC.
(3)
A. W. Shoolbred, Jr., P.E.
Project Manager
AWSjr/dc
Enclosures
cc: Mr. E. Bruce Morgan
Mr. Robert W. Johnson
Spartanburg, SC
Roanoke, VA
Rockville, MD
Virginia Beach, VA
Greensboro, NC
Mobile, AL
Raleigh, NC
Florence, SC
Charlotte, NC
Lynchburg, VA

Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION. TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NOTIFICATION FORM
INFORMATION SHEET
NW]? 5 (only for discharges of 10 to 25 cubic yards)
NWP 7 x401 ISSUED
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater.than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP•38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B: APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWT 32, NWP 36,
and NWT 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWT 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WMDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726 -
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
4
Information obtained from these agencies should be forwarded to the Corps.
r DEM ID: 9 35?)3 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
NWP 12
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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 ENVIRO
NC DEPARTMENT OF ENVIR
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
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EN
PLEASE PRINT.
1. Owners Name.. THE TOWN OF LONG VIEW, N. C.
MANAGEMENT.
2. Owners Address: 2404 First Avenue Southwest, Long View, N. C. 28602
3. Owners Phone Number (Home): - (Work): (.704) 322-3921
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
E. Bruce Morgan, Administrator
Town of Long View
2404 First Avenue Southwest, Long View, N.C. 28602 -[phone]
5. Location of work (MUST ATTACH MAP). County:
Burke
Nearest Town or City: Long View, N. C.
Specific Location'(Inciude road numbers, landmarks, etc.): Water Main along State Road -No. 1653
crossing Drowning Creek
6. Name of Closest Stream/River. Drowning Creek
7. River Basin: Catawba
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 0 YES [ ] NO RA
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO gl
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.02
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0
Drained:
0
Flooded: 0
Excavated: 0.02
?'?, n
1 61993
Total Impacted: n n2
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): I ns to 11 a t i on of a
16-inch water main along SR 1653 to serve residents of the area.
13. Purpose of proposed work: Provide water service to an area where it is extremely
difficult to drill a suitable well.
14. State reasons why the applicant belir weal anisd activity ? a be c 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 orproposed for listing endangered orthreatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES( ] NO [XI
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 [X
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property. None
B. If available, representative photograph of wetlands to be impacted by project. N/A
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. N/A
D. If a stormwater management plan is required for this project, attach copy. No
E. What is land use of surrounding property? Res i denti a 1
F. If applicable, what is proposed method of sewage disposal? N/A
C No__-°
Owner's Signature Date
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