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HomeMy WebLinkAbout19930680 Ver 1_Complete File_1993081210 k ?'Rd DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 20, 1993 N HhVLr HW-LH I V Regulatory Branch l?J L5 !1 U ' S_`_.. 7 n Action ID No. 199304385 and Nationwide Permit No. 12 (Utility Line Backfill and Bedding) Crickett-Millers Creek Water Association c/o Mr. Clyde Bumgarner Post Office Box 95 Millers Creek, North Carolina 28651 Dear Mr. Bumgarner: Through coordination with Mr. Michael P. Trew of Municipal Engineering Co. (consultant for site), we have learned of your plans for the proposed watermain project located off SR 1151 (Dragstrip Road) adjacent Naked Creek, Mount Pleasant, North Carolina. Reference is also made to the site visit conducted on September 1, 1993, by Mr. John Thomas of the Raleigh Regulatory staff at the site of the proposed watermain project. The purpose of the site visit was to review plans for the aforementioned watermain project and to inspect the site for waters and wetlands subject to Department of the Army permitting authority. The site visit revealed and the plans/profiles for the aforementioned project provided with a notification application form showed that you propose construction of a 6-inch_watermain adjacent Naked Creek. Included with the proposed watermain project is a below natural grade crossing of Naked-Creek. Final reference is made to Mr. Joe Mickey's letter of August 9, 1993, in which the North Carolina Wildlife Resources Commission expressed no objections to the planned road improvements provided that: a. No heavy equipment is operated in the live streams in order to minimize sedimentation and prevent introduction of other pollutants. b. Erosion control measures should be implemented where soil is disturbed and maintained until project completion. 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 (NWP). Authorization, pursuant to Section 404 of the Clean Water Act, was provided for the discharge of material for backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in pre-construction contours. -2- Special conditions of this permit state that before discharging dredged or fill material into waters of the United States occurring within the twenty-five mountain counties of North Carolina that contain trout waters, the applicant will obtain approval from the North Carolina Wildlife Resource Commission. Review of the information you have provided, and the comments submitted by the North Carolina Wildlife Resources Commission, reveals that your proposed work is authorized by NWP provided it is accomplished in strict accordance with the enclosed conditions. This NWP does not relieve you of the responsibility to obtain any required State or local approval. You should contact Mr. John Dorney, North Carolina Division of Environmental Management, (919) 733-1786, to obtain the necessary Section 401; Water Quality Certification prior to starting work. 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 NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP 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 NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case base to modify, suspend or revoke the authorization. Thank you for your time and cooperation. If you have any questions, please contact Mr. Thomas, Raleigh Regulatory Field office, telephone (919) 876-8441. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- Copy Furnished (with enclosure): Municipal Engineering Co. c/o Mr. Michael P. Trew Post Office Box 349 Boone, North Carolina 28607 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 29535 Raleigh, North Carolina 27626-0535 Regional Office Manager North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Winston-Salem, North Carolina 27106 Mr. Dennis Stewart Habitat Conservation North Carolina Wildlife Resources Commission 512 North Salisbury Street Raleigh, North Carolina 27611 Mr. Joe Mickey, Jr. Division of Boating & Inland Fisheries Route 2, Box 278 State Road, North Carolina 28676 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 August 18, 1993 Mr. Clyde Bumgarner, Manager Crickett-Millers Creek Water Ass. P.O. Box 95 Millers Creek, N.C. 28651 "Mr ED FEHNF1 Dear Mr. Bumgarner: Subject: Proposed fill in Wetlands or Waters Utility (watermain) crossing Wilkes County DEM Project # 93680 Upon review of your request for 401 Water Quality Certification to place fill material in 0.01 acres of wetlands or waters which are tributary to Naked Creek for utility crossing located at SR 1151 in Wilkes County as described in your submittal dated 27 July 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2664: 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. 12. 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. 1786. If you have any questions, please contact John Dorney at 919-733 93680.1tr Attachment Sincerely, f itt Preston Howar Jr P E . . . cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office ,Mr. John Dorney' Central Files Mr. Michael Trew; Municipal Engineering Services, Inc. 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/ 1 0% post-consumer paper OPERATION/CONSTRUCTION MANAGERS M mull In i C i W% 0% 1 FC1 Services P.O. Box 97, Garner, North Carolina 27529 (919)772-5393 July 27, 1993 Mr. John Thomas US Army Corps of Engineers 6512 Falls of the Neuse Road Suite 105 Raleigh, NC 27615 RE: Request for Nationwide Permit 12 Watermain Crossing on Naked Creek Dear John: CIVIUSANITARY ENGINEERS Engineerima Company, P.A. .O. Box 349, Boone, North Carolina 28607 (704)262-1 404 X440 Our client, Crickett-Millers Creek Water Association, would like to cross under Naked Creek with a 6" watermain. (See attached plan.) Enclosed you will find an application form, site map and a copy of the plan. I have sent the same information to the North Carolina Wildlife Commission, Division of Environmental Management, and the State Historical Preservation Office. Please let me know when you have made a decision on this project. If you need any additional information, please call me at our Boone Office. Sincerely, MUNICIPAL ENG EKING CES CO., P.A. '04? Michael P. Trew, PE Enclosures Copy: Mr. Joe Mickey, NC Wildlife Commission Mr. John Dorney, DEM State Historic Preservation Office m ?. ?? .? U ?`I a ?i -.• _( Li y C ?., `lj sY? s. ,?,ty 1 F`\ c ? ? k x :L / .?b d S Y ? `i ?c+r? 3 ?ly? ?". •li' aril ? i Jam' ` .? pJ n y?•i?k ,•& t, ??.r, K F?•r?? _ o- o9r Y? /i ,?,'#,n?.`. ?' ?:: ,r.a? ? ! R?..'. .?a _ F?4t '`;?? i s `,: y r x"? C? t;[ ? ? \I? £? t ?' x? 'qd`;; a. ? ? F e.?'?, s ? •/ v4 ?i xf ' ? ?? ,ya ._.- j h 1.:'? 3 .. 4? 5'.'.: y'»m? 7 b ;v"?1'• Yy ':i t :F'1 ST ,i,?j 5 y`f`? 1?`3 ?'(i?, 1r' \?.,\-?/ ?? }` Z O>>\ t ?' J\/' ?:i? •y ? t? T ? ? ?/ ? ?. lil ? ??? I?? r a.sy.. />? t?? ? Vr ? 4 ?? y? R? ?` ? x, ?-/t ??/?' "?':. -\ ??.?-1 ('?T?.l ! '?` j r _.ly?C?.+? " ?? \\\? ?G? II // ?• I I t I t'g 4, r. A i ?? ? 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MEAN -SEA -LEVEL.. 3 MILS FR01.1 }{p - F. 4 ACTION ID: ` DEM DJ: 93 ? c"I) Nationwide Permit Requested (Provide Nationwide Permit #): {Z- JOINT FORM FOR Nationwide perinits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONTNTENTAL M. "fit 7 ` K:;'1 DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVERON E H? ? ? ? ? s P.O. Box 1890 AND NATURAL RBSOL`RCES 1 Wilmington, INC 28402-1890 P.O. box 29535 _ 9??? ATTN: CESAW-CO-E R Leigh, NC 27626-0535 Telephone (919) 251-4511 !=: MR, IOII'i' DORNZY 'T'elephone (919) 733-5033 WETL?} r :A ONE, (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO TuEd CO A'- P"E''NGINEER.S. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRON:v1E\TTAL MANAGE-'tE1"7. PLEASE PRrNT. 1. Owners Name: Crickett-Millers Creek Water Association Owners Address' PO Box 95 Millers Creek, NC 28651 3. Owners Phone Number (Home) (Work): ( 9 19 ) 8 3 8- 5 614 4. If ADp11Cable: r.Sent's name or responsible corporate official, address, phone number: Clyde Bumgarner, Manager PO Box 95 Millers Creek, NC 28651 5. Location of work (MUST ATTACH ivlAP). County: 'Meares Town or City' W i l k e s b o r o Wilkes Specific Location (Include road numbers, landmarks, etc.): The stream crossing is located 0.9 mile on NCSR 1151 (Drags trip Rd), south' of intersection with US Hwy. 421 past the dragstrip 6. Name of Closest Stre ver: % 1 MnL- P,q r r -Pk 7. River Basin: _ 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO [ ] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO .? ] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0 . 01 acre 1 L. Number of acres of waters of the U.S., including wetlands, impacted by the proposed. project: Filled: Fns', it 11 07.''S, 199; 0S: 4S 110, 2 F, 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): a 6" watermain in proposed to cross under the stream bed 1 3 . Purpose of proposed work: T9 p r o v i d e water s e r v i c 14, State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. N/A 15. You are required to contact the U.S. Fish and Wildlife Service (USr-VS) and/or National Marine Fisheries Service (NivIFS) regarding the presence or any Federally listed orproposed for listing endangered or tlu-eatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ xJ NO [ ] RESPONSES FROM THE USFWS AtirD/OR NMrS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by t-he proposed project? Have you done so? YES r xJ Nor 1 RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all ,vetlands, sL-earns, and lakes on the property. B. If available, representative photop-aph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use, of surrounding property? F. If applicable, what is proposed method of sewage disposal? O er's Signature Date 2 ? Q Q Y Z L p 1Z V Q -, o H a a??J 0 11 v 1 U v' L? ?.