19870441 Ver 1_COMPLETE FILE_19881111

9
AM ?o?
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
January 11, 1988
Mr. J.R. Harman, P.E.
Ellinwood Design Associates, Ltd.
P.O. Box 10681
Raleigh, NC 27605
Subject: Proposed Fill for
Minor Road Crossing
Hilburn Road Extension
Wake County
Dear Mr. Harman:
Upon review of your request for Water Quality
Certification to place fill in waters and/or wetlands in two
tributaries to Turkey 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
Raleigh Regional Office
Pollution Prevention Pays
P.O-Box 27687. Raleigh; North Carolina 27611-7687 Telephone [phone]
( At
December 21, 1987
Mr. William Mills, PE
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
P.O. Box 27687
Raleigh, NC 27611-7687
R 'f71 EI VED
OEi' 23 ;,987
WAU QUALIT , :. CT101
OPERATIONo" S-?.ar'40.,
Re: Hilburn Road Extension
Project No. 83135.25
Dear Mr. Mills:
Please find attached plans for Hilburn Road Extension, Raleigh,
NC. The proposed Hilburn Road crosses two minor unnamed
tributaries of Turkey Creek between US 70 and Pleasant Pines
Drive.
We are requesting general water certification for these minor
stream crossings.
Please find a copy of a letter from the US Corps of Engineers
pertaining to these sites.
If you should have any questions,
contact our office.
Since 1 ,
J. R. Harman, PE
Ellinwood Design Associates, Ltd.
JRH/slh
Enclosures
please do not hesitate to
ELLINWOOD DESIGN ASSOCIATES, Ltd
3300 drake circle p.o. box 10681 raleigh, north carolina 27605 phone [phone]
\1

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 17, 1987
SUBJECT: Nationwide Permit No. 14
Mr. Eshra Vatani
Ellinwood Design Associates,, Ltd.
Post Office Box 10681
Raleigh, North Carolina 27607
Dear Mr. Vatani:
1RECEIVE® 1
FS87
Reference your December 8, 1987, meeting with Ms. Kathy Trott,
and Messrs. Ken Jolly and Jeff Richter of my staff concerning the
proposed realignment and extension of Kilburn Road across 2
separate unnamed tributaries of Turkey Creek, between U.S. 70 and
Pleasant Pines Drive, in Raleigh, Wake County, North Carolina.
The members of my staff examined the proposed crossing and
determined that this area can be classified as "minor road
crossings," which may be authorized by a nationwide permit.
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. A "minor road crossing fill" is defined as a
crossing that involves the discharge of-less than 200 cubic yards
of fill material below the plane of ordinary high water. The
crossing may require a permit from the U.S. Coast Guard if located
in navigable waters of the United States.
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.

-2-
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.
Your plans show that utility lines are to be placed within the
proposed road alignments as they cross the wetlands. This type of
work can be authorized by our general permit, SAWC081-N-000-0049,
(copy enclosed), provided that all conditions of the permit are
strictly adhered to. Please note that plans must be forwarded to
us before this general permit is considered valid.
If you have questions, please contact Ms. Kathy Trott,
Regulatory Branch, telephone [phone]
Sincerely,
jas Wo lis
, Regulatory Branch
Enclosures
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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
Mr. Mark Senior
Conservation Engineer
City of Raleigh
Post Office Box 590
222 West Hargett Street
Raleigh, North Carolina 27602
M ?
rnNnTTTnMQ
a. Any discharge of dredged or fill material will not occur
in the proximity of a public water supply.
b. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
C. Any structure or fill will be properly maintained.
d. 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. Please contact Mr. William Mills, North Carolina Division
of Coastal Management, telephone [phone].
e. The following management practices will be followed to the
maximum extent practicable:
(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 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).
(3) 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.
(4) Discharge in wetland areas will be avoided.
mats.
(5) Heavy equipment working in wetlands will be placed on
(6) All temporary fills will be removed in their
entirety.

Application No. SAWCO81-N-000-0049
Name of Applicant: General Permit
Effective Date: 2 December 1982
Expiration Date: 31 December 1987
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters and waters of the United States upon the
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 3 March 1899
(33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the
Secretary of the Army by the
District Engineer
US Army Engineer District, Wilmington
Corps of Engineers
PO Box 1890
Wilmington, NC 28402
to authorize the INSTALLATION OF AERIAL AND SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES TO SPAN NAVIGABLE
WATERS OF THE UNITED STATES (SECTION 10) AND THE DISCHARGE OF EXCAVATED OR FILL MATERIALS INTO A CONSTRUCTION
CORRIDOR ASSOCIATED WITH UTILITY LINE INSTALLATION WITHIN WATERS OF THE UNITED STATES (SECTION 404) IN THE U.S.
Army Engineer District, Wilmington.
Utility lines for the purpose of this general permit are any pipes or pipelines for the transportation of any
gaseous, liquid, liquifiable or slurry substance, for any purpose, and any cable, line or wire for the
transmission, for any purpose, of electrical energy, telephone telegraph messages, and radio and television
communication. A construction corridor is an area not to exceed 20 feet wide along or within which a utility
line is to be installed. Authorized fills in this area are temporary and include materials excavated from
trenches or footings, backflll or bedding materials and materials for access or construction roads.
1. Conditions:
a. All activities ident lfled and authorized by this general permit must be consistent with the terms and
conditions of this authorization. Any activity accomplished but not specifically ident lfled and authorized
herein, may constitute a violation of Federal statute and result in legal proceedings as may be considered
appropriate by the United States Government.
b. To Install a utility line under the authority of this general permit, one must submit a written
description of work with appropriate drawings to the District Engineer. When received, it will Immediately be
.assigned an Identification number and Its receipt will be acknowledged. The District Engineer will examine the
application to determine the applicability of this general permit. If the proposal satisfies general permit
requirements, the District Engineer will so inform the permittee by letter which may contain specific conditions
as to reasonably assure that the work will will cause minimal Impacts on resources in the area. A copy of such
letter with approved drawings will be furnished to the Atlantic Marine Center, National Ocean Survey, NOAA,
Norfolk, Virginia.
c. This general permit authorizes the necessary excavation and the placement of dredged or fill material as
backfiil or bedding for utility lines in navigable waters of the United States subject to Section 10 of the
Rivers and Harbors Act of 1899 (33 U.S.C. 403) and the temporary placement of materials In wetlands resulting
from trench excavation, stockpiling of backflll and/or bedding, and/or work road construction subject to
u
Section 404 of the Clean Water Act (33 U.S.C. 1344). The discharge of dredged or fill material as backfIII or
Ing for utility Ilne crossings, as regulated by Section 404 of the Clean Water Act, (33 U.S.C. 1344) has been
fitted by regulation, 33 CFR 323.4-3(a)(1). Authorization provided by that regulation and that available
under this general permit are subject to the following conditions.
(1) There must be no resultant change in preconstruction bottom contours in open water areas or.
preconstruction natural ground elevation in other wetlands. Authorized fill includes only the material
temporarily placed in wetlands as a result of trench excavation, the material used to construct a temporary work
road, and/or that necessary to backflll or bed the utility line. Any excess material must be removed to an
upland disposal area.
(2) The utility line crossing will not adversely affect a public water supply intake.
(3) The utility line route will avoid areas of concentrated shellfish production and submerged beds of
vascular aquatic vegetation.
(4) The utility line route or construction methods will not destroy threatened or endangered species as
identified under the Endangered Species Act, or endanger the critical habitat of such species.
(5) The utility line route or construction method will not disrupt the movement of those species of
aquatic life Indigenous to the waterbody.
(6) Bedding, backfill, and roadway fill will consist of suitable material free from toxic pollutants in
other than trace quantities.
(7) Utility line crossings will not occur in a component of the National Wild and Scenic River System or
in a component of a State wild and scenic river system.
(8) Material placed in wetlands will:
(a) be confined within a maximum corridor width of 20 feet.
(b) be maintained for a minimum period of time to commence immediately proceeding line installation
and to be removed immediately following completion of installation. Total time In place will not exceed
6 months.
(c) be stabilized by silt curtains or other appropriate erosion control measures to prevent
movement of material Into adjacent waters or wetlands.
d. Every reasonable effort must be made to prosecute the work authorized herein in a manner so as to
minimize any adverse Impact of the work on fish, wildlife, and natural environmental values.
e. The work authorized herein must be accomplished in a manner so as to minimize any degradation of water
quality.
f. The District Engineer or his representative shall be permitted to make periodic inspections at any time
deemed necessary in order to assure that the activity is being performed In strict accordance with the terms and
condltons of this general permit.
g. Any structure authorized by this general permit will be maintained In good condition and in accordance
with approved plans and drawings.
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h. This general permit does not convey any rights, either in real estate or material, or any exlusive
privileges; and It does not authorize any Injury to property or Invasion of rights or any Infringement of
Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent
required by law for the activity authorized herein.
I. Authorization provided by this general permit may be either modif led, suspended, or revoked In whole or
in part If the District Engineer, acting on behalf of the Secretary of the Army, determines that such action
would be in the best public interest. Unless subject to modification, suspension, or revocation, the term of
this general permit shall be 5 years. Any modification, suspension, or revocation of authorization shall not be
the basis for any claim for damages against the US Government.
j. If subsequent to performance of the work should any information and/or data furnished by the applicant
prove to be false, incomplete, or Inaccurate, the authorization may be modified, suspended, or revoked In whole
or In part, and/or the US Government may institute appropriate legal proceedings.
k. There will be no unreasonable Interference with navigation or the right of the public to riparian access
by the existence or use of the activities authorized by this general permit.
1. Upon receipt of written notice from the District Engineer of failure to comply with the terms and
conditions of this general permit, the owner of the utility line shall, within 60 days, without expense to the
US Government and in such manner as the District Engineer may direct, effect compliance with the terms and
conditons or return the worksite to a prework condition.
m. This general permit does not authorize the Interference with any existing or proposed Federal project and
the permlttee shall not be entitlled to compensation for damage or Injury to the structures or work authorized
herein which may be caused by or result from existing or future operations undertaken by the United States In the
public Interest.
n. All activities authorized by this general permit shall be consistent with applicable water quality
standards, effluent limitations, standards of performance, prohibitions, pretreatment standards, and management
practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the Marine Protection, Research
Sanctuaries Act (33 U.S.C. 1413), and pursuant to applicable State and local laws. To assure preservation of
water quality, the permlttee, If required to do so, must apply for and obtain a Water Quality Certification from
the N.C. Division of Environmental Management in accordance with Section 401 of the Clean Water Act.
o. Work sited in or adjacent to shrimp nursery areas or areas subject to anadromous fish spawning runs will
not be accomplished under the authority of this general permit without the approval of the NC Division of Marine
Fisheries.
p. Equipment operating In navigable waters of the United States must work from a floating barge or wooden
mats. Fill roadways and excavated barge canals adjacent to or extending waterward of the mean or normal high
water elevation contour are not authorized by this general permit. An individual permit would have to be
obtained to authorize such work.
q. This general permit does not authorize the stockpiling of excavated materials, bedding materials, or road
fills in navigable waters of the United States or in designated trout waters of the State of North Carolina.
Materials excavated from a subaqueous trench in navigable waters of the United States must be stockpiled on an
adequate barge or removed to high ground by an acceptable means. In open water areas other than navigable waters
of the United States or designated trout waters:
(1) Road fills must be constructed of nonerodable materials.
(2) Road flits must not span more than one-half of open water area at any one time.
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r. Subaqueous utility Iines will be Installed at a minimum depth of 6 feet below the authorized depth where
lines cross Federally authorized channels. In other areas where subaqueous lines are subject to Interfere
navigation, they will be installed at a minimum depth of 2 feet below the bottom contour.
s. The minimum clearance for aerial communication Iines, or any Iines not transmitting electrical power,
will be 10 feet above the clearance required for bridges in the vicinity as established by the U. S. Coast Guard.
t. The minimum clearance for aerial electrical power transmission lines will be governed by the system
voltage as shown below.
Nominal System
Voltage, Kilovolt
115 and below
138
161
230
350
5 00
700
750 to 765
Minimum Clearance
Above Bridge Clearance
(As Established by U.S. Coast Guard)
20
22
24
26
30
35
42
45
u. The clearances for aerial lines are based on the low point of the line under conditions which produce the
greatest sag, taking Into consideration temperature, load, wind, length or span, and the type of supports.
v. The District Engineer reserves the right to require that subaqueous utility lines be placed at greater
d =?- and aerial lines be placed at greater heights -if the public interest so indicates.
w. This general permit does not apply to utility lines that are a part of a water power project. Federal
authorization for such lines must be obtained from the U.S. Department of Energy.
2. Exemptions:
a. This general permit will not be applicable to proposed construction when the District Engineer belelves
that authorization may be warranted but that the proposed activity would significantly affect the quality of the
human environment and determines that an Environmental Impact Statement (EIS) must be prepared.
b. This general permit will not be applicable to proposed construction when the District Engineer determines
that the proposed activity would adversely affect areas which possess recognized historic, cultural, scenic,
conservation, or recreational values. Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for
inclusion as provided by Sections 4 and 5 of the Act, and wild, scenic, and recreational rivers established by
State and local entities.
(2) Historic, cultural, or archaeological sites listed in or eligible for inclusion in the National
Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified
regulations.
(3) Sites included in or determined eligible for listing in the National Registry of Natural landmarks.
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(4) Endangered or threatened species or habitat of such species as determined by the Secretaries of
interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531).
J
(5) This general permit will not be applicable to construction when the District Engineer determines
that alternative alignments, not involving wetland filling, are both available and practicable.
(6) At his discretion, the District Engineer may determine that this general permit will not be
applicable to a specific proposal. In such case, the procedure for processing an Individual permit In accordance
0
with 33 CFR 325 will be required.
• BY AUTHORITY OF THE SECRETARY OF THE ARMY
k J4
e"- ROBERT K. ES
i Colonel, Co 4s of Engineers
District Engineer
A. A. xaIPC .el c
LTC, CE
DEP DIS; ETJGR
5