HomeMy WebLinkAbout19930293 Ver 1_COMPLETE FILE_19930417:e?
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEE
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
May 5, 1993
W_ R
MAY 12 IM
Action ID. 199302151 and Nationwide Permit No. 26 (Headwaters and
Isolated Waters)
James L. and Arletha Johnson
Post Office Box 1599
Marion, North Carolina 28752
Dear Mr. and Ms. Johnson:
Reference your April 7, 1993 application for Department of the Army
authorization to construct a culverted crossing over an unnamed tributary to
Beatty Branch with an associated roadway on your property located on U.S.
Highway 70, west of Pleasant Gardens, in McDowell County, North Carolina. The
crossing will be constructed using two 20 foot sections of 60 inch diameter
pipes side by side. The roadway fill will impact approximately one-tenth of
an acre of headwater wetlands next to the creek. The purpose for the crossing
is to gain better access to a new shop building to be constructed on high
ground. 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 (CFRPart 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 1 acre of waters of
the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
-- Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. It is recommmeded that you contact Mr. John
Dorney with the State of North Carolina, at telephone (919) 733-1786,
to insure that you have complied with state water quality certification
requirements.
-2-
This verification will be valid for 2 years from the date of this _atta-
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 p*rmit 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 (704) 259-0014.
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
4r. John Dorney
Water 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
ACTION ID:
ICATION FORM FOR
NOTIFICATION TO THE DISTRICT ENGINEER
SECTION 401 CERTIFICATION CONCURRENCE
INDIVIDUAL SECTION 401 CERTIFICATION
j APR 1 2W
?1. OWNERS NAME: t
v12. OWNERS ADDRESS:
PLEASE PRINT.
A) -?- H t I e
fQ
Vl'.3. OWNERS PHONE NUMBER (HOME): pIf`J , U-1g? n
V 4. IF APPLICABLE:
ro PHONE NUMBER:
V 5.
(WORK):
7d y - 7?2 ?- S?
A,G?E,NT'',S/ NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY : `yY) c iiL2 e- NEAREST TOWN OR CITY s.
SPECIFIC LOCATION (INCLUDE ROAD mumorDo ?.?.:...._ _
?? --- ---....v¦.v ? unpul'IH11RJ ? ?'iT(i. ? : H?// ?
G?es?
/6.
?7 .
NAME OF CLOSEST STREAM/RIVER: V,t
RIVER BASIN:
/7-1/6.
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS it OR WS II? YES [ ] NO [ )
?9. HAVE ANY SECTION 404 PERMITS BEEN PRE
PROPERTY? YES [ ) NO MVIOUSLY REQUESTED FOR USE ON THIS
IF YES, EXPLAIN.
V-'10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PRO
?¦r 1/1 o a 0-- JECT SITE:
2/3/92
4 sow
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary April 21, 1993 Director
James L. Johnson
P.O. Box 1599
Marion, N.C. 28752
Dear Mr. Johnson:
Subject: Proposed fill in Wetlands or Waters
Road crossing and landscaping
McDowell County
DEM Project'# 93293
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.1 acres of wetlands or
waters which are tributary to Beatty Branch for road access and
landscaping located at Hwy 70 in McDowell County as described in
your submittal dated 12 April 1993, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2671 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. 26.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,
11S1J1?
- P eston >ward, Jr? P . E .
93293.1tr U ?
Attachment
1
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 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
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
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
O
APR 1 21993
wtfLANDS GRC 141
WATER OtIAL? j `, r
PLEASE PRINT.
?1. OWNERS NAME
7 A)
V Z. OWNERS ADDRESS: Ed.lo?lv /145 4!j
V3 . OWNERS PHONE NUMBER (HOME): (WORK): 9d ?I -7?
v""'4. IF APPLICABLE. V+ ?ga7
PHONE NUMBER: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
-
oe,
?m?Qr?r io a ?ee--
A4 A'b '? ??? - oil Toy
? 5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: `yY1 e NEAREST TOWN OR CITY:. ?.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): u, d
_1dLed t ,
P. west d -? S / /c'
/6. NAME OF CLOSEST STREAM/RI '
VER:
V/7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, OAW
WS it OR WS II? YES [ J NO [ J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? . YES [ J NO [L4
IF YES, EXPLAIN.
?10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJ
¦ F I/10 a d- ECT SITE:
2/3/92
f 4
Y
MW