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HomeMy WebLinkAbout19880440 Ver 1_COMPLETE FILE_19880101. r. e.,a STA$ o? rq awur..d` State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary March 29, 1988 Director Michael Marsh 147 Horndale Drive Wilmington, NC 28403 Subject: Proposed Fill for Minor Road Crossing Michael Marsh - Logging Road Pender County Dear Mr. Marsh: Upon review of your request for Water Quality Certification to place fill in waters and/or wetlands in an unnamed tributary to Holly Shelter Creek, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2177 issued November 4, 1987. 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 Bill Mills at 919/733-5083. Sincerely, Original Signed By William C. Mills For R. Paul Wilms RPW/dkb Attachment cc: Wilmington District Corps of Engineers Wilmington Regional Office Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Michael S. Marsh 147 Horndale Drive Wilmington, North Carolina 28403 March 18, 1988 Mr. William Mills Water Quality Section Division of Environmental Management NC Department of Natural Resources and Community Development P.O. Box 27687 Raleigh, North Carolina 27611-7687 Subject: 401 Certification Nationwide Permit No. 14 Logging Road Crossing Pender County Dear Mr. Mills: E ^' 21 989, Attached is a copy of a nationwide permit issued by the U.S. Army Corps of Engineers for a road to'be'constructed across an unnamed tributary to Holly Shelter Creek.. This is a request for issuance of a 401 Certification for the project. Please do not hesitate to contact me if you have any questions or need additional information. MSM/pva Sincerely,:. Michael S. Marsh. attachments DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 October 23, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: Nationwide Permit No. 14 Mr. Michael S. Marsh 147 Horndale Drive Wilmington, North Carolina 28403 Dear Mr. Marsh: Reference your application of October 12, 1987, for a Department of the Army permit to construct a logging/timber road across an unnamed tributary to Holly Shelter Creek on your property near Maple Hill, Pender County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330, published in the Federal Register on November 13, 1986, lists nationwide permits. Authorization was provided for minor road crossing fills including all attendant features, both temporary and permanent, that are part of a single and complete project for crossing of a non-tidal waterbody, provided that the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand expected high flows and provided further that discharges into any wetlands adjacent to the waterbody do not extend beyond 100 feet on either side of the ordinary high water mark of that waterbody. Your proposed 160-foot long fill road construction across a wooded wetland drain is authorized by nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. Please be aware that this authorization does not relieve you of the responsibility to obtain any required State or local approval. Also, please be reminded, as per condition "h" of the enclosed conditions, that you must obtain a 401 Water Quality Certification prior to any work. If you have questions, please contact Mr. Ken Jolly, Regulatory Branch, telephone (919) 343-4632. Sincerely, s is Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker North Carolina Department Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina Mr. William Mills Water Quality Section Division of Environmental North Carolina Department Resources and Community Post Office Box 27687 Raleigh, North Carolina of 27611-7687 Management of Natural Development 27611-7687 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 i?_ CONDITIONS a. Any discharge of dredged or fill material will not occur in the proximity of a public water supply. b. The activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. c. The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water). d. Any discharge of dredged or fill material will consist of suitable material free from toxic pollutants. e. Any structure or fill will be properly maintained. f. The activity will not cause an unacceptable interference with navigation. g. If the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of.Historic Places, or if significant historic properties are encountered before or during work, the permittee will notify the District Engineer. h. An individual state water quality certification must be obtained or waived. Conditions of certification will be considered to be special conditions of the Federal nationwide pemit. i. The following management practices will be followed to the maximum extent: (1) Discharges of dredged or fill material into waters of the United States will be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons will be avoided. (3) Discharges will not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters (unless the primary purpose of the fill is to impound water). (4) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated -2- passage of water and/or the restriction of its flow will be minimized. (5) Discharge in wetland areas will be avoided. (6) Heavy equipment working in wetlands will be placed on mats. (7) Discharges into breeding areas for migratory waterfowl will be avoided. 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