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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