19930078 Ver 1_COMPLETE FILE_19930301

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 15, 1993
Regulatory Branch

Action ID. 199302436 and Nationwide Permit No. 12 (Utility Line Backfill and
Bedding)
City of Winston-Salem
c/o Ms. Sue Hyde
Post Office Box 2511
Winston-Salem, North Carolina 27102
Dear Ms. Hyde:
Referenced is made to your application dated May 7, 1993, for the proposed
sewer improvement project located off Leinbach Drive adjacent Muddy Creek,
Winston-Salem, North Carolina. Reference is also made to the site visit
conducted on May 20, 1993, by Mr. John Thomas of my staff at the site of the
proposed sanitary sewer project. The purpose of the site visit was to review
plans for the aforementioned sewer outfall project, and to inspect the site
for waters and wetlands subject to Department of the Army permitting
authority.
The site visit revealed and the plans/profiles for the aforementioned
project provided with a notification application form showed that you propose
construction for the aforementioned sanitary sewer below natural grade within
a 40-foot-construction easement adjacent Muddy Creek. Also your plans and
profiles show other sections of proposed sewer outfall either located on high
ground or elevated over waters of the United States without discharge of fill
into regulated areas.
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 NWP provided it is accomplished in strict
accordance with the enclosed conditions. Please be aware that this
authorization does not relieve you of the responsibility to obtain any other
required or local approval. You should contact Mr. John Dorney, North
Carolina Division of Environmentajt Management, [phone], to obtain the
necessary Section 401, Water Quality Certification prior to starting work.
-2-
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.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919)
876-8441.
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
Regional Office Manager
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Winston-Salem, North Carolina 27106
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

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street * Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor March 3, 1993 Jonathan B. Howes, Secretary
City of Winston-Salem
c/o Ms. Sue Hyde
P.O. Box 2511
Winston-Salem, N.C. 27102
Dear Ms. Hyde:
Subject: Proposed fill in Wetlands or Waters
Sewer outfall construction
Forsyth County
Project # 93078
Upon review of your request for 401 Water Quality
Certification to place fill material in less than one acre of
wetlands or waters which are tributary to Muddy Creek for sewer
outfall construction located atLeinbach Dr.and Avera Avenue in
Forsyth County, we have determined that the proposed fill can be
covered by General Water Quality Certification No.s. 2664 and
2745 issued January 21, 1992. Copies of the General Certification
is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No..s. 12 & 7
If you have any questions, please contact John Dorney at
919-733-1786
Sincerely,
reston Howar Jr. P.E.
93078.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer

MEMORANDUM PR.TNT NAMES:
Reviewer:
TO: John Dorney WO Supv. .: m S; ? _ --
Planning Branch DATE:
_??
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000078 COUNTY: FORSYTH
APPLICANT NAME: CITY OF' WINSTON-SALEM -- ATF
PROJECT TYPE: SEWER PFRMIT_TYPE: NW1.2
COE #: DOT #:
RCD FROM CDA: APP DATE _FRM CDA: 01/28/93
REG_OFFICE: WSRO RIVER__AND_SUB_BASIN._..#: 03-0-+_Dt4 "qACtV-;n
STREAM _CLASS: STR_INDEX _NO : Lk-.T. M%K k f e ?„
WL IMPACT? : Y/N WI.. ` yPE :
WL__REQUESTED : G % fiGf e, WL_-ACR__EST? : ( `N
WL SCORE(#): WATER IMPACTED BY FILL?: Y/N
HYDRO__CNECT? : V N MTTIGATION'? : Y/N
MITIGATION 'TYPE: MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: Yo
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : * s (?b4-lcre C?O le.? _Ar-d hv?bee n Por
-N?e. R re et ?J ns 1; e- port-)
1NV _1 kee r, _ P 1 e ??__- ee de
?F__?VirS?pn- lJR1e?_ kr?oU.?S be{}t.?' -?7-
CegtU ire-? _ a tL f b ec 1P?te A.. _ - _
cc: Regional Office
Central Files
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
r
1 ?? f l P.O. BOX 1890
\\ J ^lr / WILMINGTON, NORTH CAROLINA 23402-1890
IN REPLY REFER TO January 8, 1993
Regulatory Branch
Action ID. 199300801
City-of Winston-Salem
c/o Ms. Sue Hyde
Post Office Box 2511
Winston-Salem, North Carolina 27102
Dear Ms. Hyde:

Regional; .,
Reference your telephone conversation of November 2, 1992, with Mr. John
Thomas of my staff concerning the rucentlr conatrccted sewer outfalw located
off Avera Avenue and Leinbach Drive, adjacent to an unnamed tributary to Muddy
Creek, Winston-Salem, Forsyth County, North Carolina. Reference is also made
to the site visit conducted on October 20, 1992 by Mr. John Thomas at the
aforementioned site. The purpose of the site visit was to investigate the
referenced sewer outfall construction activity you have undertaken, and to
inspect the site for waters and wetlands subject to Department of the Army
permitting authority.
The site visit revealed that your sewer outfall construction included a
discharge of fill into an unnamed, above headwaters tributary of Muddy Creek
(crossing of referenced stream). As discussed with you on November 2, 1992,
this filling activity potentially could be authorized by Department of the
Army nationwide permit (NWP) provided it is accomplished in strict accordance
with permit conditions. One of these conditions requires pre-discharge
notification to the Wilmington District Engineer through the completion and
submittal of the enclosed notification application. Also as discussed on
November 2, 1992, work may not begin until written concurrence is received
from the District Engineer; failure to comply with this aforementioned
condition constitutes a violation of Section 404 of the Clean Water Act.
We are requesting, by copy of th :• leL•tei, that ycu complZte and Submit
the enclosed notification package, so that we may determine whether your
activity may be authorized by nationwide permit. Failure to comply with this
diractive could maul` in acfs:r_al .:c the United States Atcorney with a
recommendation for civil prosecution.
Also, please be reminded that any future work within waters or wetlands
should be coordinated through this office for a determination of Department of
the Army permit requirements. Should you have questions, please contact
Mr. John Thomas, Raleigh Regulatory Field Office, at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, 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
Regulatory Branch
January 8, 1993

Action ID. 199300801 UU JAN ?,?g93
City of Winston-Salem
c/o Ms. Sue Hyde WETLAi4DcI'No
Post Office Box 2511 WATER IIALI
Winston-Salem, North Carolina 27102
Dear Ms. Hyde:
Reference your telephone conversation of November 2, 1992, with Mr. John
Thomas of my staff concerning the recently constructed sewer outfall located
off Avera Avenue and Leinbach Drive, adjacent to an unnamed tributary to Muddy
Creek, Winston-Salem, Forsyth County, North Carolina. Reference is also made
to the site visit conducted on October 20, 1992 by Mr. John Thomas at the
aforementioned site. The purpose of the site visit was to investigate the
referenced sewer outfall construction activity you have undertaken, and to
inspect the site for waters and wetlands subject to Department of the Army
permitting authority.
The site visit revealed that your sewer outfall construction included a
discharge of fill into an unnamed, above headwaters tributary of Muddy Creek
(crossing of referenced stream). As discussed with you on November 2, 1992,
this filling activity potentially could be authorized by Department of the
Army nationwide permit (NWP) provided it is accomplished in strict accordance
with permit conditions. One of these conditions requires pre-discharge
notification to the Wilmington District Engineer through the completion and
submittal of the enclosed notification application. Also as discussed on
November 2, 1992, work may not begin until written concurrence is received
from the District Engineer; failure to comply with this aforementioned
condition constitutes a violation of Section 404 of the Clean Water Act.
We are requesting, by copy of this letter, that you complete and submit
the enclosed notification package, so that we may determine whether your
activity may be authorized by nationwide permit. Failure to comply with this
directive could result in referral to the United States Attorney with a
recommendation for civil prosecution.
Also, please be reminded that any future work within waters or wetlands
should be coordinated through this office for a determination of Department of
the Army permit requirements. Should you have questions, please contact
Mr. John Thomas, Raleigh Regulatory Field Office, at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
'Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Regional Office Manager
North Carolina Department of Environment,
Health and Natural Resources
8025 North Point Boulevard
Winston-Salem, North Carolina 27106
DEM ID: _930S
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 295
ATTN : CESAW-CO-E RALEIGH, NC 2 3
Telephone [phone] ATTN: MR. J
Telephone [phone]
ONE ("1) COPY OF THIS COMPLETED APPLICATION SHOULD E ENT TO,THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C-. -DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: City of Winston-Salem
2. OWNERS ADDRESS: P.O. Box 2511
Winston-Salem NC 27102
3. OWNERS PHONE NUMBER (HOME): (WORK): 919/727-2141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Forsyth
NEAREST TOWN OR CITY: Winston-Salem
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Corner of Leinbach Drive and Avera Avenue
6. NAME OF CLOSEST STREAM/RIVER: Muddy Creek
7. RIVER BASIN: Yadkin River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ) NO [X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ) NO [X1
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Less than one acre
2/3/92
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: Less than 1
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
Creek Crossing - Install 8" V.C. sanitary sewer outfall
13. PURPOSE OF PROPOSED WORK:
area
Install sewer outfall to serve surrounding
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Outfall follows the lay of the land to tie an existinq outfall
at Muddy Creek. We obtained and followed an approved erosion
control plan.
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
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 ATTACHED.
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 ATTACHED.
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.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential (single family)
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
OWN2R'S SIGNATURE
DATE
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEER
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 24, 1993
Regulatory Branch
Action ID. 199300801 and Nationwide Permit No. 12 (Utility Line Backfill and
Bedding)
City of Winston-Salem
c/o Me. Sue Hyde
Post Office Box 2511
Winston-Salem, North Carolina 27102
Dear Ms. Hyde:
Reference is made to my letter dated January 8, 1993, concerning the
recently constructed sewer outfall located off Avera Avenue and Leinbach
Drive, adjacent to an unnamed tributary to Muddy Creek, Winston-Salem, Forsyth
County, North Carolina. This letter requested that you comply with Department
of the Army permit conditions that were required for the sewer outfall
construction which included a discharge of fill into the aforementioned
unnamed, above headwaters tributary of Muddy Creek (crossing of referenced
stream).
Reference is also made to your request dated January 29, 1993 for
Department of the Army authorization for the aforementioned sewer outfall
project.
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 NWP provided it is accomplished in strict
accordance with the enclosed conditions. Please be aware that this
authorization does not relieve you of the responsibility to obtain any other
required or local approval. You should contact Mr. John Dorney, North
Carolina Division of Environmental Management, [phone], to obtain the
necessary Section 401, Water Quality Certification prior to starting work.
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
Pr -2-

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.
Please be reminded that no excavated or fill materials may be placed in
any waters or wetland areas without prior Federal permit authorization. Please
contact this office for any future proposed impacts in any water or wetland
areas subject to Department of the Army permitting authority.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919)
876-8441.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
//
Mr. John Parker ZMr. John Dorney
North Carolina Department of Water Quality Section
Environment, Health and Division of Environmental Management
Natural Resources North Carolina Department of
Post Office Box 27687 Environment, Health and
Raleigh, North Carolina 27611-7687 Natural Resources
Post Office Box 27687
Regional Office Manager Raleigh, North Carolina 27611-7687
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Winston-Salem, North Carolina 27106

DEM ID: ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
/ ,Sy LLI
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
?ifl! y
WI MINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
PS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO JHE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
2. OWNERS ADDRESS:
City of Winston-Salem
P.O. Box 2511
Winston-Salem NC 27102
3. OWNERS PHONE NUMBER (HOME):
(WORK) : 04.a 7-21
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE 0.
PHONE NUMBER: N/A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Forsyth
NEAREST TOWN OR CITY: Winston-Salem
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Corner of Leinbach Drive and Avera Avenue
6. NAME OF CLOSEST STREAM/RIVER: Muddy Creek
7. RIVER BASIN: Yadkin River
r,
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ 1 NO [X1
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ 1 NO [X1
IF YES, EXPLAIN.
10. ESTTMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Less than one acre
2/3192