19880500 Ver 1_COMPLETE FILE_19880101

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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 Director
December 29, 1988

Ms. Wendy Moses
Little and Little
P.O. Box 1448
Raleigh, NC 27602
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Narex Ore Search
Consultants-Karled Mine
McDowell County
Dear Ms. Moses:
Upon review of your request for Water Quality
Certification to place fill material in Macedonia Branch, we
have determined that the proposed fill can be covered by
General Water Quality Certification No. 2176 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. 26.
If you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
4 ??- " ? ?-
Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
e
LITTLE & LITTLE
13 December 1988
Mr. William C. Mills
Water Quality Section
Division of Environmental Management
NC Department of Natural Resources
and Community Development
PO Box 27687
Raleigh, NC 27611-7687
Dear Mr. Mills:
RECEIVED
DEC 16 1988
WATER QUALITY SECTION
On behalf of Narex Ore Search Consultants (U.S.) Inc., I
request that the proposed fill diversion of Macedonia Branch
at their Karled Mine site be covered under the general Water
Quality Certification for work authorized under the Army
Corps of Engineers Nationwide Permit No. 26.
Macedonia Branch is a previously unnamed tributary to Moore's
Branch, which is a Class C stream flowing into South Muddy
Creek (reference: 15 NCAC 2B .0308 Catawba River Basin).
Attached are maps locating the affected area. We anticipate
a fill area of less than ' acre. Please refer also to the
letter from Charles N. Hollis to Wendy C. Moses, dated
9 December 1988, granting Army Corps of Engineers authoriza-
tion for this work.
If you have any questions, please contact me.
Sincer ly,
t
Wendy C M ses
LITTLE & LITTLE
WCM/nlw
cc: Mr. W. Edwin Dill, Jr. (att.)
Mr. Karl A. Naert (att.)
Mr. Charles W. Hollis
Mr. David Baker
LANDSCAPEARCHITECTURE/PLANNING P.O. BOX 1448 RALEIGH, NORTH CAROLINA 27602 9191821-5645
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IN REPLY REFER TO
Regulatory Branch
SUBJECT: Nationwide Permit No. 26
Little and Little
Attention: Ms. Wendy C. Moses
Post Office Box 1448
Raleigh, North Carolina 27602
Dear Ms. Moss:
PM I
S }
DEC 1988
LITTLE & LITTLE
Reference your December 5, 1988, meeting between Messrs. Edwin
Dill, Dennis Hensley, Charles Walters and Mr. David Baker of my
staff regarding the proposed Ra.rled Mine located off S.R. 1802,
Vein Mountain Road, south of Marion in McDowell County, North
caroling. the proposed sand gravel and gold byproduct placer
mining operation is to involve a fill diversion in Macedonia
Branch, a headwater tributary of Moore's Creek, in order to divert
a 2,300-foot-long by 15-foot-wide portion of the branch around the
project site.
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 discharges of
dredged or fill material into non-tidal rivers, streams, and their
lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the
United States, including adjacent wetlands, that are not a part of
a surface tributary system to interstate waters or navigable
waters of the United States.
Your work 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.
If you have questions, please contact Mr. David Baker,
Asheville Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 9, 1988
Enclosure
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Copy Furnished (without enclosure):
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

rnNnTTTnNS
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 cultural 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. 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.
g. 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 permit.
h. The following management practices will be followed to the maximum
practical 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 passage of water and/or the
restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
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(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.