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 .