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HomeMy WebLinkAbout19930343 Ver 1_COMPLETE FILE_19930503State of North Carolina Department of Environment, Health and Natural Resources A14 YA Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ®E H N F=?k A. Preston Howard, Jr., P.E., Director May 3, 1993 Duane and Wanda Bryant 1207 Brentwood street High Point, N.C. 27260 Dear Mr. Bryant: Subject: Proposed fill in Wetlands or Waters Road crossing Guilford County DEM Project # 93343 Upon review of your request for 401 Water Quality Certification to place fill material in 0.10 acres of wetlands or waters which are tributary to Deep River for road crossing located at 5225 River Road in Guilford County, as described in your submittal dated 30 April 1993, 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' Nationwide Permit No. 14.; If you have any questions, please contact John Dorney at 919-733-1786 Sincerely, P.rreston Howard, Jr. P.E. 93343.Itr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. Jbhn Do.rney 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 DEM ID: qss?s ACTION ID: Nationwide 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 WILMNGTON DISTRICT ENGINEER WATER QUALITY PLANNING -.?. CORPS OF ENGINEERS - - DIVISION OF ENVIRONMENTAL: MANS -DEPARTMENT OF THE ARMY -= --= - - 'NC DEPAR11AENT OF ENVIRONMENT, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 - - .P.O. Bor.29535 ---- --- - - - ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATIN: MR JOHN DORNEY Telephone (919) 733-5083 -:;? ONE (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 MANAGEMENT. PLEASE PRINT. ' . o Duane K-. and "Wanda. Y..3ryant # - 1. Owners Name: 2. Owners A d d r e s s : 3' 2 5 W h i t s h u r s t Road 3. Owners Phone Number (Home):"' c 1 Zl c;- csg:,: ;t?.v .;z(w ); ;•;., I ?-,l±b:;-Y&.C?=.;^?,' r? 'l-?a.`..:rlrt.trl?u!?s?•IfR1t+s1e:R'`?t''Y'afJ'k rFA^-/ti?f+Yies+ir,Ri1.t?,(f?M'Na4t q(rfel,ps! ?T A 4. If Applicable: Agent's name or responsr'bl?es?corporate ?? ??, official, address, phone number: " WWO W ;"-:: = i= ,a314G'*J• $ ).. ?v :TUL _t . 'I . - ...,e+n ? r .'.. •r?iMrv r?F'`•A?'I?yp,II+tn „p,.? .,: 1'? sY, +» r r......... .,...-.^.......+ . -.Z" /I ` r _. ; •, •; :J i' 1? r .. ?$f# J c {.b # 1 i1 - •3 i c3 F -rw t >:-a..,,....?.,.e. ?-t "r.; n..._ _ .*3 ..r:.•;:.•: j •;.ir'•J3 5. Location of work (MUST ATTACH MAP) -County:"=G u i 1=:iw o r d Nearest Town or City: Jamestown, !Korth Cro1 ina - 5225 River Road, From Greensboro Specific Location (Include road numbers, landmarks, etc.): on -I-85 to Bus.- E:,;2n;;0 horth;,Towards K•igh Faint, N.C. to flashing yellow caution light; right onto River Road approximately i mile on right. 6. Name of Closest StreamMver. D'' ` P Rive r 7. River Basin: Cape Fear' 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ld?r 9. Have any Section 404 permits been previo4ly requested for use on this property? YES [ ] - NOS f ? If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, locked on project site: NO? E Pr;,J-ct sits is - road cress i» a:--rcxJm--ats1vf -01 acreage of watl ands sr -rte 'i 11. Number of acres of waters of the tJ.S.,in`ciru &g wetlands, Impactidrby the proposed project~ s ; • f t. Road crossing- will 'Duild Cuivert as ircicatsu` Fill cn erosion coatrci filar estimate C? arras ed: n Drained: Flooded: Excavated: Total Impacted: i` Culvert to allow ' 12. Descri tion,of proposed work (Attach PLANS-8 1R" X 11" drawings only): " road crgssin._ I intend to build a home and perhaps a guest on Hon .Wetland property. - -13. Purpose of proposed work: B u i' T d' 'h o m e ( a n d ? -maybe- 'g u 't house) : Must' -cross b i g ditch"toiget`to site. 14. State reasons why the applicant this carried out ' etlands_ - Also ote measures taken to minimize wetland uinpacts --" c rho s s i n g ?i a v e n o _o t i e r_ a c c e s s to building site. measures to minitrrize: "-erosion control plan and onT.y stn ie l•m1.nj?[a % Gros i g ue M 15. ou are 'contact tie TgS.rFis? ands a Service (LTSFWS) and/or National Marine Fisheries Service (N1Y1FS) rye ., g pi& a or an Federally listed*orp sed forlistin endangered orthmatened habitat in the area that may be affected Y the proposed project. Have you done so? YES Neal 1??t l NO`( l 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 in the pa=t area which may be affected by the proposed project? Have you done so? YES [ ] : ` NO [ l s.rw. RESPONSE FROM THE'S is _ _ .? 17.-Additional informadoarequuiredby,DEM: z A. wetland delineation?Map sh. Wmg all VCdandL% streams, and'1'skM on the property B. Havailablerep ?'_ ~ ntativepb h of be ecL -? ti d?aa.?:?i'"??8!'=? C. If delineation was performed by a consultasit, include all data sheets relevant to the placement of ttu- -delineation 2•, _ _E._What is _land use of _stnioauiding property ?? R e s i d e n t i a l o m e a ?` - ? "-^ septic •t-ank - F. If applicable, what is proposed method of sewage ?sposal . _ .._ _ V ---. _, Date . _.'s Signature - - ?.-- t?ittt xi .. . . iu ,12` a 4i Lifft cc J ?s x wpw Y.Zv0i Irq :r:'*C. DUANE K. BRYANT ATTORNEY AT LAW MAILING ADDRESS: 1207 BRENTWOOD STREET HIGH POINT, N.C. 27260 PHONE: (919) 887-4804 (HIGH POINT) April 28, 1993 (919) 288-6690 (GREENSBORO) FAX NO. (919) 887-2298 Mr. John Dorney Water Quality Planning Division of Environmental Management N. C. Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Re: 5225 River Road, Jamestown, North Carolina Dear Mr. Dorney: Thank you for taking time to speak with me on April 28, 1993. I think, with your assistance, that I have properly completed the attached form. As I explained to you, I had difficulty locating anyone who could assist me in the completion of this form. I can tell you, however, that all of my responses are honest and to the best of my knowledge. As you are aware, I have spoken with the Corps of Engineers and secured a permit. It is my understanding that I must also secure a permit from your office. As I explained, I own a tract of land (35 acres) in Jamestown, North Carolina. I want to build a home and, possibly, a mother-in- law home (guest home) on the tract. At present, I have no desire or inclination to do any developing on my property. If any such activity were to be contemplated, it would probably be after city water and sewer are made available. I would appreciate your immediate review of this application as I would like to begin construction in July/1993. Attached is a copy of the Erosion Control Plan and survey the property. If additional information is required, please advise. Sincerely, a at QV- . ? uane K. Bry t torney At aw DKB/syp cc: Corps of Engineers f C? sTNr o `M P, State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary Acting Director 4113 A' 6?&,Aqol /U6 z 7 d Dear Sir or Madam: SUBJECT; 40 WTER QUALITY CERTIFICATION County, COE Project # 199 3009,30 The Division of Environmental Management (DEM) received a letter from the Corps of Engineers (COE) stating that your project qualified for a Nationwide Permit. Please be advised that the Nationwide Permit is not valid until a 401 Water Quality Certification has been issued by the Division. General Certifications have been issue by the Division for most of the Nationwide Permits, however, several of the General Certifications require written concurrence from the Division before the Nationwide Permit is valid. Your road crossing (Nationwide Permit # 14) requires written concurrence from DEM. Therefore, please complete the attached form.(except for conditions 15 and 16) and send six additional copies (a total of seven copies) so that the review of your request can be initiated. If you have any questions, please call me or Mr. John Dorney at 919-733-1786. Sincerely, Z"'L , ?'? ? Eric Galamb Applic 1,4 cc: r?t5 ,- 4, DEM Regional Q g A1.OMICES AshcvillMr. Johijaf4itDo mey Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 9191571-4700 919/946-6481 919x95-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer 01 NOTIFICATION FORM INFORMATION SHEET 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: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 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 begg'i 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, NWP 32, NWP 36, and NWP 37. The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects less than 500 feet in length), NWP 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. "s t ti C. NOTIFICATION/APPLICATION PROCEDURES. ?. 1 The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Divisio. Environmental Management as specified above. The permittee should make sure that all necessary information r provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and sever. 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 WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION P.O. Box 33726 Pivers Island Raleigh, NC 27636-3726 Beaufort, NC 28516 Telephone (919) 856-4520 Telephone (919) 728-5090 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 Raleigh, NC 27601 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. N .