HomeMy WebLinkAbout19930346 Ver 1_COMPLETE FILE_19930621IMPORTANT
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N.C. Dept. of Environment, Health, and Natural Resources
1Z01
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 23, 1993
Mr. Tony Paul Beasley
Paul Beasley Concrete Inc.
P.O. Box 877
Dunn, N.C. 28335
Dear Mr. Beasley:
Subject: Proposed fill in Wetlands or Waters
Beasley mine, road improvement
Sampson County
DEM Project # 93346, COE # 199100276
AILIF-KTA
[D F= 1"%J F1
Upon review of your request for 401 Water Quality Certification to place fill material in
0.02 acres of wetlands or waters which are tributary to Juniper Run for improvement of an
existing road located south of NC Hwy. 55 and SR 1005 in Sampson County as described in
your submittal dated 14 June 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 this Certification is unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
A. Pt'eston Howard, Jr. P.E.
93346.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
George Wood; Environmental Professionals, Inc.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 501k recycled/ 1 0% post-consumer paper
r I-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT; CORPS OF ENGINEERS FA ?? P.O. BOX 1890 v 01993
WILMINGTON, NORTH CAROUNA 28402-1890 F
IN REPLY REFER TO April 19, 1993
Regulatory. Branch
Action ID. 199100276 and Nationwide Permit No.
Waters)
Mr. Paul Beasley
Post Office Box 877
Dunn, North Carolina 28334
Dear Mr. Beasley:
26 (Headwaters and Isolated
Reference your application of April 12, 1993, for Department of the Army
authorization to change the use of an existing (exempt) farm road to a
permanent access for a gravel pit on your property located south of NC Highway
55 and east of S.R. 1005 in Sampson County.-near Dunn, North Carolina. As your
consultant, Mr. Robert Needham, has stated, this road impacts 7,718 square
feet of wetlands above the headwaters of Juniper Run.
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.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management. You should contact Mr. John Dorney,
telephone (919) 733-1786, regarding this certification. This nationwide
permit does not relieve you of the responsibility to obtain other required
State or local approval.
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
f 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.
-2-
Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Field:Office,.Rdgulatory Branch, telephone (919) 25174629.
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
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
Mr. Robert Needham
Needham, Jernigan & Associates, Inc.
2737 River Road SE
Winnabow, North Carolina 28479
JOE E. GODWIN, SR. P.E. R.L.S.
RONNIE E. JORDAN. R.L.S.
JAMES. E. GODWIN
June 14, 1993
Godwin - Jordan & Associates, P.A.
ENGINEERING, SURVEYING & PLANNING
102 WEST BROAD STREET ZIP 28334)' W
P. O. BOX 249
DUNN. N. C. 28335
Water Quality Planning
NC Division of Environment Management
P.O. Box 29535
Raleigh, NC 27626-0535
ATTENTION: MR. JOHN DORNEY
REFERENCE: MINE MODIFICATION FOR BEASLEY MINE
PERMIT # 82-11 SAMPSON COUNTY, NC
Dear Mr. Dorney:
1,519w"
JUN
?$
WETLANDS GRDUR j
fER QUALITY SECTI4? _
PHONES: FAY. 483.1489
DUNN (9191 892-5159
FAX: 483-1489
As per our telephone conversation on this date, I am requesting a
letter from you regarding the request from the Corp of Engineers
that we obtain a Section 401 water quality certification for the
existing entrance at the above referenced mine. The existing entrance
will not be disturbed in any way it will simply change its use from a
farm entrance to a permanent access for a gravel pit.
Please furnish us with a letter to give to NCDEHNR, who has made.
obtaining this permit.a condition of their approval of the mine.
Sincerely,
Godwin-Jordan & Associates, P.A.
Enny Glenn Tew, P.E.
JGT:dl
cc: Edith Beasley
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
April 19, 1993
Action ID. 199100276 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Paul Beasley
post office Box 877
Dunn, North Carolina 28334
, Dear Mr. Beasley:
Reference your application of April 12, 1993, for Department of the Army
authorization to change the use of an existing (exempt) farm road to a
permanent access for a gravel pit on your property located south of NC Highway
55 and east of S.R. 1005 in Sampson County near Dunn, North Carolina. As your
consultant, Mr. Robert Needham, has stated, this road impacts 7,718 square
feet of wetlands above the headwaters of Juniper Run. \
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.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management. You should contact Mr. John Dorney,
telephone (919) 733-1786, regarding this certification. This nationwide
permit does not relieve you of the responsibility to obtain other required
State or local approval.
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.
IJ? V / /?
Po,! /To, ?5 /2j z? 6 z 6 - s3 s
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
June 10, 1993
Mr. Tony Paul Beasley
Paul Beasley Concrete, Inc.
P.O. Box 877
Dunn, N.C. 28335
Re: Mine Modification
Permit No. 82-11
Sampson County
Dear Mr. Beasley:
for Beasley Mine
T4
ED PI
The initial review, has been completed on your modification
request for the mining permit for the Beasley Mine in Sampson
County. The following additional information is needed to complete
our review:
1. The information submitted from the U.S. Army Corps of
Engineers is sufficient for the access road only. It
does not mention the mine area and whether the proposed
mining will encroach onto the wetlands. A map is
necessary designating the Corps of Engineers' wetland
boundary for the entire mining operation. Also stated in
the approval from the Corps, you must receive a water
quality certification from the Division of Environmental
Management. Proof must be submitted to this office that
you have applied for said certification. The requested
information concerning the wetlands is extremely
important and we cannot issue the permit until the
information submitted addresses all the wetland concerns.
2. An inspection conducted by Mr.Brooks Cole of the
Fayetteville Regional Office on May 18, 1993 indicates
that buffer zone and solid waste disposal violations
exist on the north side of the site. Please note that if
the violations are not corrected in a timely manner,
further enforcement action could result in the denial of
the requested modification. Please find attached for
your convenience another copy of the May 18, 1993
inspection report.
PLEASE BE ADVISED THAT OUR REVIEW CANNOT BE COMPLETED UNTIL
ALL OF THE ITEMS LISTED ABOVE HAVE BEEN FULLY ADDRESSED.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407
An Equal opportunity Affirmative Action Employer M% recycled/ 10% post-consumer paper
TEL No. Apr. 8, 0 4:29 P.02
JOE E OODWIN, SR. P.E. R.L.B.
RONNIE E. JORDAN. R.L.S.
JAMES E, CODWIN
June 14, 1993
Godwin - Jordan & Associates, P.A.
ENGINEERMG. SURVEYING & PLANNING
102 WEST BROAD STREET IZ1P 28334,
P. 0. BOX 240
DUNN, N: G. 28335
Water Quality Planning
NC Division of Environment Management
P.Q. Box 29535
Raleigh, NC 27626-0535
ATTP;NTION : MR. JOHN DORNEY
REFERENCE: MINE MODIFICATION FOR BEASLEY MINE
PERMIT # 82-I1 SAMPSON COUNTY, NC
Dear, Mr. Dorney:
PHONES: FAY. 489.1489
DUNN.010i e02 5150
f AX:489 1480
As per our telephone conversation on this date, I am requesting a
letter from you regarding the request from the Corp of Engineers
that we obtain a Section. 401 water quality certification for the
existing entrance at the above referenced mine. The existing entrance
will not be disturbed In any way it will simply change its use from a
farm entrance to a permanent access for a gravel pit.
Please furnish us with a letter to gave to NCDEHNR, who has made
obtaining this permit a condition of their approval of the mine.
Sincerely,
Godwin-Jordan ^ & Associates, P.A.
C.w
kohnny Glefnn Tew, Y.L.
JG.T:dI
cc: Edith Beasley
TEL No.
RPr. 8, 0 4:29 P.03
DEPARTMENT OF THE ARMY
WILMINGTON DISTF(ICT, CORPS OF ENGINEERS
P.O, BOX 1890
wiLMINOTON, NORTH CAROONA 28402.1990
---- ,N REPLY RFrt"7o - April 19, 1993
Regulatory Branch
]lction ID. 199100276 and Nationwide Permit No. 26 (Headwaters and Isolated
Watere)
Mr. Paul Beasley
post Office Box B77
Donn, North Carolina 26334
Dear. Mr. Beasloys
Reference your application of April 12, 1993, for Department of the Army
existing (exempt) farm road to a
authorization to change the use Of an
permanent accese for a gravel pit on your property located south of NC Highway
5S and east of S.R. 1005 in Sampson County near Dunn, North Carolina. As your
consultant, Mr. Robert Needham, -ham stated, this road Impacts
feet of wetlands above the headwaters of Juniper Run.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of. Federal Regulations (CPR), Part 330.6, published in the
lists nationwide permits.
Federal Register on November 22, 1991,
Aelthorization was provided, purguant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
ccomplished rk is authorized by this nationwide permit provided it is
in strict accordance with the enclosed conditions and provided
Cccomplish-
A Section 401 water quality certification from the North Carolina
Environmental Management. You should contact Mr. John Dorney,
919) 733-1786, regarding this certification. This natirewuised
not relieve-vo_u of ree onsLbilit to 4
State or local approval.
This verification will be valid for 2 years from the date of this letter
unleme the nationwide authorization In modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization Le reLsmued without modification or the
activity complies with any submaquent modification of the nationwide permit
authorization- If during the 2 years, the nationwide permit utorizatio
expires or is suspended or revoked, or in modified, such that the activity
would no longer comply with the terms and conditions of the nationwide Upermit,
activities which have commenced (i.e., are under constuction) remain
32 months ounlessdate of
contract to Commence in reliance upon the nationwide permit he provih activity permit's expiration] mcomplete odificationtornrevocation,
the nationwide e p
diacreti.onary authority hae been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
.-
t,j?j ffk",
0 146
4po.ao,z?s.?s
SENT BY:Wilmington District ; 4-13-93 ; 7:37 ; USACE-Reg, Branch-4 89197331338;# 2
eo1° Ia
FOA--4.,R W
April 13, 1993
Regulatory Branch
Action ID No. 199100276 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Paul Beesley
Post Office Box 877
Dunn, North Carolina 28334
Dear Mr. Beasley:
Reference your application of April 12, 1993, for Department of the Army
authorization to change the use of an existing (exempt) farm road to a
permanent access for a gravel pit on your property located south of NC Highway
55 and east.of SR 1005 In Sampson County near Dunn, North Carolina. As your
consultant, Mr. Robert Needham, has stated, this road Impacts 7,718 square
feet of wetlands above the headwaters of Juniper Run.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CPR), Part 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.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management. You should contact Mr. John Dorney,
telephone (919) 733-1786, regarding this certification. This nationwide
permit does not relieve you of the responsibility to obtain other required
State or local approval.
This verification will be valid for two veers from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued w1rhout modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the two 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 twelve months of rho 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.
SENT BY:Wilmington District ; 4-13-93 ; 7:38 ; USAGE-Reg. Branch- 89197331338;# 3
Quescions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4629.
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
Mr. 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
Mr. Robert Needham
Needham, Jernigan & Associates, Inc.
2737 River Road SE
Winnabow, North Carolina 28479
Blind copy furnished:
CESAW-CO-EL/Schiener
RELEASE DAZE
NOW
TYPIST: PLEASE ADD NWP 26 CONDITIONS
TEL No.
`=- State of North Carolina
tPippartment of Environment,
Health and Natural Resources
6Ivlslon of Land Resources
James B. Hunt, Jr., Governor
Jonathan S. Howes, Secretary
June 10, 1993
Mr. Tony Paul Beasley
Paul Beasley Concrete, Inc.
P.O. Box 877
Dunn, N.C. 28335
Re: Mine Modification for Beasley Mine
Permit No. 82-11
Sampson County
Dear Mr. Beasley:
Rpr. 8, 0 4:30 P.04
+ e
r
The initial review has been completed on your modification
request for the mining permit for the Beasley Mine in Sampson
County. Tile following additional information is needed to complete
our review:
1. Tlie information submitted from the U.S. Army Corps of
Engineers i$ sufficient for the access road only. It
does not mention the mine area and whether the proposed
mining will encroach onto the
Tf-A `3 ng he Corps of Engineers' wetland
necessary jlss4g
n y for the entire mining operation. (Also stated in
the approval from the Corps, you must receive a water
quality certification from the Division of Environmental
Management. Proof must be submitted to this office tha
you have applied for said certification. The re-que c3
information concerning the wetlands is a mely
unti 1 the
information submitted addresses all the wetland concerns,
2. An inspection conducted by Mr.Brooks Cole of the
Fayetteville, Regional Office on May 18, 1993 indicates
that buffer zone and solid waste disposal violations
exist on the north side of the site. Please note that if
the violations are riot corrected in a timely manner,
further enforcement action could result in the denial of
the requested modification. Please find attached for
your convenience another copy of the May 18, 1993
inspection report.
PLEASE BE ADVISED THAT OUR R)WIEw CANNOT BE COMPLETED UNTIL
ALL OF THE ITEMS LISTED ARUVF HAVE BEEN FULLY ADDRESSED.
P.O. Box 27687, Rotelgh, North CcaroAna 27611-7687 telephone 919.733.3833 FAX 019-733-4407
An Equal oppodun"Y Afnirnallve Action Employer wt weveladt 10% past-consumer paper
TEL No. Apr. 8, 0 4:28 P.01
r. ........_?..._. _.__._,_?...__._._. _.__,_.. ..._.....:_ ..1 :..?',.. - '•--.I?.:.uUs.- - it nn n"'iiYii..,i? dr, .:_. :. °.WI'-r
GODIII N-J OItDAN A ASSOCIATES, P . A .
ENGINEERING, PLANNING & SURVEYING
P.O_ BOX 249 OR 102 REST BROAD ST.
DUNN, NORTH CAROLINA 29335
PH.# 919/892/6159 FAX 0 919/483/1489
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COMPANY: Wc- ? i5-Al
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HAVE A NICE DAY!
1 93