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HomeMy WebLinkAbout19930660 Ver 1_COMPLETE FILE_19930803DEPARTMENT OF THE ARMY Q WILMINGTON DISTRICT, CORPS OF ENGINEERS PO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 SEP 2 1 W IN REPLY REFER TO September 14, 1993 Regulatory Branch Action ID. 199303911 and Nationwide Permit No. 12 (Utility Line Backfill and Bedding) Mr. Glenn Berry 102 Laurelwood Drive Morganton, North Carolina 28655 Dear Mr. Berry: Reference your July 27, 1993 application for Department of the Army (DA) authorization to install 2 sewer line connectors through wetlands adjacent to Howard Creek, near Drexel, in Burke County, North Carolina. Approximately 0.31 acres of wetlands will be temporarily impacted by the project. The purpose for the proposed work is to provide sewer access to a future residential development located on adjacent high ground. This project has been coordinated with the NC Wildlife Resources Commission (WRC). 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 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 receive a Section-401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, 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, 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. -2- Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, Regulatory Branch, telephone (704) 271-4014. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Ue. 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 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonothan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 23, 1993 Mr. Glenn Berry 102 Laurelwood Drive Morganton, N.C. 28655 Dear Mr. Berry: AEI--lNF? Subject: Proposed fill in Wetlands or Waters Sewer line installation Burke County DEM Project # 93660 Upon review of your request for 401 Water Quality Certification to place fill material in 0.31 acres of wetlands or waters which are tributary to Howard Creek for sewer line installation located at SR 1525 in Burke County as described in your submittal dated 27 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. 1786. If you have any questions, please contact John Dorney:at 919-733- Sincerely, 1 *re?:ston Howar o Jr. P.E. 93660.1tr 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 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretan/ A. Preston Howard, Jr., P.E., Director August 23, 1993 Mr. Glenn Berry 102 Laurelwood Drive Morganton, N.C. 28655 Dear Mr. Berry: aEHNR Subject: Proposed fill in Wetlands or Waters Sewer line installation Burke County DEM Project # 93660 Upon review of your request for 401 Water Quality Certification to place fill material in 0.31 acres of wetlands or waters which are tributary to Howard Creek for sewer line installation located at SR 1525 in Burke County as described in your submittal dated 27 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. 1786. If you have any questions, please contact John Dorney at 919-733- Sincerely, ton Howar , Jr. P.E. r 93660.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney,V Central Files R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper July 27, 1993 Mr. Steve Chapin US Army Corp of Engineers Doom 75, Grove Arcade Building 37 Battery Park Avenue Asheville, NC 28801-2714 Dear Steve: Enclosed please find an application and maps showing my propos- ed project. As we discussed, Location 1 has already been com- pleted and Location 2 will be done within the next year. I apologize for not obtaining a permit for Location 1; however, as I mentioned I was not aware a permit was necessary for the crossing of a wet area with a sanitary sewer line. Please note that I have taken the most direct route to cross both areas. The sewer line ditches will be excavated, backfilled and the land returned to its original contour almost within the same day of construction. 1 do not plan to install any mobile homes within this low area *or doany filling. Thank you for your attention in this matter and if I can pro- vide any additional information, please feel free to contact me. Sincerely, Glenn Berry GB/sc r ? MEMORANDUM PRINT NAMES : --?--- Reviewez:: -Ji TO: John Dorney WO Sapv.: Planning Branch DATE : SUBJECT: WETLAND STAFF REPORT AND RECOIVPt'IENDATION*S * T *EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLTCADLE) **AK PERMIT YR: 9:3 PERMIT NO: 0000660 COUNTY: BURKE APPLICANT NAME : GLENN BERRY PROJECT TYPE: UTILITY LINE PERMIT.-TYPE: 1..gW1"1 COE_# . RCD FROM-CDA : APP DATE__FRM_CDA : 08//02//q3 REG.-OFFICE: ARO RIVER-AND.-SUB-BASIN-#: STREAM CLASS: &US WL__IMPACT? : ( N _-£, t fo4lsm WL_REQUESTED: WL_SCORE ( # ) : 37, 0,5r HYDRO-CNECT? : 'ON STR__. T NDEX_ N0 : WL._TYPE : T,gL_AC'R_EST? : WATER IMPACTED BY FILL?: MITIGATION?: t,?e o?- 0,N Y/o Y/10 MITIGATION-TYPE: tUeX-Q MITIGATION-SIZE: IS WETLAND RATING SHEET ATTACHED?: R ECOMJMEINDATIrJN (Circle One) : SSUE ISSUE /COND DENY COMMENTS : y r l S Gc S62aFrc /;Veep ?,?e? ? JCG1r,S_?yr??G?L ?S /?? ,l?S j c/iyi T `c o fi•? ev a?, ete V. - -- - ----- cc: Rea?onal Office {.ventral Files YW % DIVISION OF ENVIRONMENTAL MANAGEMENT August 4, 1993 MEMORANDUM TO: Forrest Westall Asheville Regional Office FROM: John P'?k? 401 Certification Review Please review the enclosed 401 Certiffcation applications by August 18, 1993. Please call me if you or your staff have any questions, or need assistance in these reviews. PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM 1. Glenn Berry (2 Week Review) #93660 Burke County The other enclosed material (if any) is for your general information and use as appropriate. Enclosure a yt , a C ? t4 .i ? At IG -61993 . e Hydrologically Isolated Wetland type (select one) ?--Other AJ+"4 0-11- ' ? Swamp forest ? Shoreline • ? Bottomland hardwood forest ? Brackish marsh ? Carolina bay ? Freshwater marsh ? Pocosin ? Bog/Fen • ? Pine savannah . .'Wet flat (Cori ? Ephemeral wetland The rating system cannot be applied to salt marshes. ' sum Water storage . Bank/Shoreline stabilization _? ` ' >:°" ::. ::<?F'..;?<::;;::;<;::: . • Pollutant removal Sensitive watershed x _ ......... : ........ 0 1.5 _ ' «>'. < Travel corridor _<' '; .......... Wetland score • Special ecological attributes __:..,...e........ Ego . #! -Nearest road 54-21 /,a - 1r7?/?/Y area acres Wetland width ?®¦? /'?__ Date ,Ped O l AcnoN ID: DBM ID: :Nationwide Permit Requested (Provide Nationwide Pennit,*): JOINT FORM FOR Nationwide permits that require notification to the C4rps of. _ Engineers . Natinnwide uermits that require-application for Section 40?1ce cation , PLEASE PRINT. ?1. Owners Name: ?2. Owners Address: -A ?C . ?3.. Owners Phone Number (Home):?1??''C' ?4. If Applicable: Agent's name or responsible corporate official, address, phone number. 5. Location of work (MUST ATTACH MAP). County: Nearest Town or City: Specific Location (Include road numbers, landmarks, etc.): ??..Q 5-? ?6."Name of Closest Stream/River. 7. River Basin: ?-?'3,: - -- - - --- 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ j NO ? 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO P( If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: _ Excavated:- N _,I Total Impacted: QN m? (ZI SEE' ovEA -- can be ;,4Ad lo/ ? 12. Description of proposed work (Agach PLANS-8 12_X 11? d[only): ? 13. Purpose of proposed work: 14. State reasons why the applicant believes that this activity must be carried out in- wetlands. - Also. tote 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 or proposed for listing endangered or threatened sspecies or critical habitat in the permit area that may be affected y the proposed project. Have you done so7 - [ ] NO [ ] 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 project7 Have you done so? YES j J NO ( J 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. 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. . What island use of surrounding propcrty7 F. If applicable, what is proposed method of sewage disposa17 ' Owner's Signature oR AUTHere?ZFD Aff Date 44 N? O \ 7 O H Np W 0:? 'a. V 40 u A .I O _ N_ m O 0+ a 10 O- 2O S q'S A . fD N .- 9 07 O co to 0. O O. am :-d CCL ?o wW m N, GO ?b i 1 - O A W O- AO PG .y?' 6 v, (7 m m S 666yP91+,: ? AAA 200 .. T8. 59' A3' GOgb j / q6° A P ? W O• CQ 19, S' 6• n 70• 5.67°' qp1 CO. 2 N 70- as- 87°_16'-19.W C.B. S-7r-35-W 6.8 75 58- dl. GO .D.6..52A.D.67.60' .0.70.83-A.D-- A8. 5 Z 150.15 W 65;POe 67.96 C'00 -+ d . 126-49 C 12 m 0. m. ? m .56 0 .81 © N 40.99 .D.7 7A 16 5-75° 41 A .D. "S ri C. D. 7497 A.D. 75.05 W C.D. 118. O 1 - 730 56 • 51?' ° I °- N •m N _ 120.10, 7 N 4E ^ a 1 ?? o 130.27.. 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