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HomeMy WebLinkAbout19940697 Ver 1_COMPLETE FILE_19940802 State of North Carolina Department of Environment, Health and Natural Resources James B, Hunt, Jr„ Governor Jonathan B. Howes, Secretary September 26, 1994 Dr. G. Wayne Wright Corps of Engineers P. O. Box 1890 Wilmington, NC 28402 Dear Dr. Wright: IN ID FE F=1 In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice and Action ID. No. 199401590 dated July 28, 1994 which describes a project proposal by Mr. James Prevette of Roaring River. The project, involving instream mining for sand, is located on the Roaring River, off of SR 1999, north of Roaring River in Wilkes County. During the course of the review, only the Wildlife Resources Commission and the Division of Environmental Management submitted substantive comments. The Commission reports that Roaring River provides excellent smallmouth bass habitat and provides local angling for smallmouth, redbreast sunfish and other species. The Commission does not object to the project, however, provided the following conditions are implemented: 1. Mining operations are prohibited during the smallmouth bass/redbreast sunfish spawning period of May 1 through July 15 in order to protect egg and fry stages from sedimentation. 2. Stream banks should be revegetated promptly upon completion of mining and when it is anticipated the mine will be inactive for a period of more than 30 days. The applicant proposes to revegetate banks with fescue, rye (fall) and oats (spring) after 30 days of mine inactivity. This work will be completed within 60 days. 3. Erosion control measures (berms, drainage ditches) should be maintained and regularly checked and repaired during dragline activities to prevent off-site sedimentation. The Division of Environmental Management has issued the required Section 401 Water Quality Certification. Certification No. 2911 was issued on August 24, 1994. P. O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone 919-715-4100 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Dr. G. Wayne Wright Page 2 September 26, 1994 Should you require additional input from the state on this matter, do not hesitate to contact this office or the commenting agencies. Very sincerely, ,? . -J? 4` Jo R. Parker, Jr. Inland '404 Coordinator JRP:jr/aw cc: Wildlife Resources Commission Division of Environmental Management 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 24, 1994 Prevette Pit c/o Mr. James Prevette Route 1, Box 336 Roaring Rivers, N.C. 28669 Dear Mr. Prevette: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Continuation of Sand Dredging Operation Project # 94697, COE # 199401590 Wilkes County FILE COPY Attached hereto is a copy of Certification No. 2911 issued to James Prevette dated 24 August 1994. If we can be of further assistance, do not hesitate to contact us. Sincerely, -?? dr eston Howard, Jr. P. Attachments wgc2911 cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. John Dorney Mr. Steve Benton, Division of Coastal Management Central Files 1:3 EHNR 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/ 10% post-consumer paper NORTH CAROLINA Wilkes County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to James Prevette resulting in Wilkes County pursuant to an application filed on the 28th day of July of 1994 to continue to excavate by dragline from the Roaring River. The Application provides adequate assurance that the discharge of fill material into the waters of Roaring River in conjunction with the proposed development in Wilkes County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal or Costal Area Management Act Permit. 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. 276 1 1-7447. Unless such demands are made, this Certification shall be final and binding. This the 24th day of August, 1994. DIVISION OF ENVIRONMENTAL MANAGEMENT P k on Howard, Jr. P.E. WQC# 2911 State of North Carolina Department of Environment, • Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 10, 1994 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Inland `404' Coordinator SUBJECT: `404' Project Review +; i6 The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401590 dated July 28, 1994 describing a proposed project by Prevette Pit, Mr. James Prevette has been circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 8/26/94. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY Signed This office suppoi'ts No comment. ID EHNR proposal. Comments on this project are attached. This office objects to the project as proposed. Date ? Z3 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper '1NPiIM OR:IN`T' NAMES: .Rev i ewt-. ) -- bA-WI i-O 11111;-.1, ??_ ... J. -75 IIB, ( u, `,lI ="T' .i;Tr 7)V( i)CT iI-j-Tr,r.IT ti' l 'f\ ! T- 3C' T: T) -i'{' ! >Tl S l7 r !'EM P!f[T,,,C PERMIT' `LI?: nln: OOM)WV7 I"(_,TINTY: W!1,K;, APPL,ICA1,11T 1<IAME: :TAMES PRFNFT'T}- - PRFV]?T'lI ; V) I g. PROJF(Illl TYPE: PRA(-',LINE ,-.ANP PFRMI'I'__ TY].'E; : INP RC'D FROM CDA : ('OF. PATE FPM CPA: 0R;'0 i. j 1) 11 - REG r)FF I CE: W,RC RIVER- AND SVB F3A,".IN "'TT R, NC)- ` S . -,AM (.'LA: ?S: WL_ IMPACT:': YN WIT, IZE(?T-TE `1 FP : acres WL. C; t.".ORE (# ` : /9 MITIGATION?: Y16-) MITT.CAT.Tr7N__clTZE: N'A ?PJT, T Y I> 1;, : PlI ver b14?+/ j,?e WL ACR F"T"": ? N WATER TMPA("TFP F.-,Y FILL,:: Y, (T MITTCATION TYPE- x`74 DIP YOU REOUE: U MORE INFO , : Y49 I;" WETLAND RATING, SHEll"'T AT`T'ACFIf?D'' : YAT HAVE PP(),TE(._:`T' ('I]ANGF;_ ,?COIIPTTI C?id: % I'I:;??N P I."C7lSSED WITH RI'PI. I('A1`TT:' : - (v ?RE('.'OMMF.NI)A`I'I .)N ((." rr l (:>pe } : IS[;TJ? T;?STIT'!C'OT?If> ]:)I?AIY COMMFr,I`.r', : Lows 1: iCc a s-f-Qbl(_-_._A 10 c? So. /-4--bjarer v.kP. --key -QXcQ????__1?. CCv-l`??1?meS---G,r --?'`?--r ?2ecolnvv?v-nU 5.5_0 GRc t /.-CO n 4_il n v a n c - vT. _. ? e? C(1, -_ C'I>»t71 File; 0 WES7S, ???`-' -f • Project name 71 CvCT7e- V County, td - f E . Hydrgloglcally Isolated Wetland type (select one) Q?Other ? Swamp forest , ? Shoreline • ? Bottomland hardwood forest ? Brackish marsh ' ? Carolina bay ? Freshwater marsh ? Pocosin ? Bog/Fen • ? Pine savannah ? Ephemeral wetland • ? Wet flat • The rating system cannot be applied to salt marshes. . ........ • • . • . • i .. • • • • • • .. • . • • . • • . • sum • • • 1 • • . . • • • • • • ....... • . Water storage Bank/Shoreline stabilization Z >'>' x 4.00 _ `s Pollutant removal / » `' • iK:?:YiA:iua%?f? • Sensitive watershed _S2- "' `":"€"vY x 1 50 = • Travel corridor d . Wetland scor e. Special ecological attributes " ? Wildlife habitat- ,...: x1.50= 1 . Aquatic life value ` '^`"`' • Recreation/Education `":»<rf • Economic value x 0.25 - Nearest road 'CA Wetland area - acres Wetland width feet Name of evaluator Date_ ? v 1265 ) -.. ? -. .O°A3 ' ?- Iff Cem z /i JI "clo 1254 2? ? C 1 C -- --- - L(9 o 11247 C?. Ile 11 I ? •\ - r ? ll II -_ - O I? ? ? ? Zoo ? I? - `,\ 1 n 1 J?f /296 "ce 1280 New I IKht?_- g i11 \ z°° _ Ch ._. \ n Cem \ ? ,tK/?53 ll 11 c` • ? CCC /// a ?' r ,\\l \ Q 120Y ??- o ? to \/?\\ 1272 - 1 \ '°? - i ---_'-• ? _ // :I III 1 ` 493 494 (ROARING RIVER) a 4756 // NE 95 496 2130'1 ! 497 SCALE 1:24000 0 `-'- ?_--? - __-_-_ --_ 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET 1 5 0 1 KILOMETER _--- CONTOUR INTERVAL 40 FEET DATUM IS MEAN SEA LEVEL State of North Carolina Department of Environment, Health and Natural Resources 1 • • Division of Coastal Management oft James B. Hunt, Governor Jonathan B. Howes, , Secretary p E H N F1 Roger N. Schecter, Director August 10, 1994 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Inland 1404' Coordinator SUBJECT: `404' Project Review The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401590 dated July 28, 1994 describing a proposed project by Prevette Pit, Mr. James Prevette has been circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 8/26/94. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper . - _ ti , DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199401590 July 28, 1994 PUBLIC NOTICE PREVETTE PIT, MR. JAMES PREVETTE, Route 1 Box 336, Roaring River, North Carolina 28669 has applied for a Department of the Army (DA) permit TO EXCAVATE SAND BY DRAGLINE FROM THE ROARING RIVER, TO BE USED IN THE PRODUCTION OF MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED OFF OF S.R. 1999, NORTH OF ROARING RIVER, Wilkes County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. Plans submitted with the application show that approximately 25,000 cubic yards has been dipped annually from the Roaring River at the Prevette Pit Sand and Gravel Mining Operation from 1992 to present. The sand / gravel dipping operation impacts 142,560 square feet (3.3 acres) of river bottom by excavation. The sand / gravel is removed from the river by a dragline to a depth of 5-7 feet deep below the river bottom. The area of excavation is 90 feet wide by 1590 feet long. Excavated material is temporarily stockpiled on the adjacent high ground ridge and is later removed by dump trucks. The site consists of a typical mountain riverine system, characterized by the river channel confined within adjacent upland ridges. There are no wetlands on the upland ridges. The average depth of the water where the excavation is proposed, and has occurred in the past, is approximately 3 feet or less. Excavated material is temporarily stored within a cleared area (about 75- 100 feet wide) along the upland ridge. This area is sparsely vegetated by a few herbaceous plants: smartweed, ragweed, and pokeberry. Wooded areas adjacent to the cleared stockpile area are vegetated by sycamore, elm, sweetgum and red maple. The soils could be characterized as moderately well drained or well drained on first bottoms and low terraces subject to overflow. The purpose of the work is to obtain sand / gravel for commercial use. Plans showing the work are included with this public notice. The North Carolina Department of Environment, Health and Natural Resources, Land Quality Section has a current Mining Permit (Identification Number 97-15), dated August 4, 1993. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the NCDEM has determined the applicability of a water Quality Certificate as required by PL 92-500. r ..2- This application is being considered, pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or .destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used -3- in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the NCDEM issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDEM considers whether or not the proposed activity will comply with sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, NCDEM, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The NCDEM plans to take final action in the issuance of the Clean Water Act certification on or after September 13, 1994. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management (NCDEM), Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 19, 1994, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. John Thomas, until 4:15 p.m., August 26, 1994, or telephone (919) 876-8441, Extension 25. nIJV. DT`WII111111y?VH U15bf'Il; 1 1-L7-54 1 14rU4 1 71J Ulu 7u4Q- UJMVC-nU UI dIi III##I I I1V11 VI LV l.'/? 11? ;lV 11V 7 I i 1 1 1 ?G? riS?1? Jt14 _ `? .y. ' '"' Jt!)s: lYn ? "^? / 'l1l :. ?:/ R•,.. IiAL am Im 4fa.r izm- ]Z1L ?` 'd. ,1'• r r.a 1 _ \"l.y?!'>. /`?•j Lnz •`? 14r. 'k, r? tyy sty ?" /? . r lJlr - . T y _. 14 .`ML MA 4413 Itl,t Ul: _ P ,tb? .C 1 'WAA `4444 u!!' /i ' J. Ir1w welt KMM IZM 1410 LOW UL,?n aWC \. 1LLt y ' tM ;r.? - l J .? ,. w pew ra am ?•?' 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DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199401590 July 28, 1994 PUBLIC NOTICE PREVETTE PIT, MR. JAMES PREVETTE, Route 1 Box 336, Roaring River, North Carolina 28669 has applied for a Department of the Army (DA) permit TO EXCAVATE SAND BY DRAGLINE FROM THE ROARING RIVER, TO BE USED IN THE PRODUCTION OF MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED OFF OF S.R. 1999, NORTH OF ROARING RIVER, Wilkes County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. Plans submitted with the application show that approximately 25,000 cubic yards has been dipped annually from the Roaring River at the Prevette Pit Sand and Gravel Mining Operation from 1992 to present. The sand / gravel dipping operation impacts 142,560 square feet (3. a.zres) of river bottom by excavation. The sand / gravel is removed from the river by a dragline to a depth of 5-7 feet deep below the river bottom. The area of excavation is 90 feet wide by 1590 feet long. Excavated material is temporarily stockpiled on the adjacent high ground ridge and is later removed by dump trucks. The site consists of a typical mountain riverine system, characterized by the river channel confined within adjacent upland ridges. There are no wetlands on the upland ridges. The average depth of the water where the excavation is proposed, and has occurred in the past, is approximately 3 feet or less. Excavated material is temporarily stored within a cleared area (about 75- 100 feet wide) along the upland ridge. This area is sparsely vegetated by a few herbaceous plants: smartweed, ragweed, and pokeberry. Wooded areas adjacent to the cleared stockpile area are vegetated by sycamore, elm, sweetgum and red maple. The soils could be characterized as moderately well drained or well drained on first bottoms and low terraces subject to overflow. The purpose of the work is to obtain sand / gravel for commercial use. Plans showing the work are included with this public notice. The North Carolina Department of Environment, Health and Natural Resources, Land Quality Section has a current Mining Permit (Identification Number 97-15), dated August 4, 1993. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the NCDEM has determined the applicability of a Water Quality Certificate as required by PL 92-500. -2- This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or .destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used -3- in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the NCDEM issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, NCDEM, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The NCDEM plans to take final action in the issuance of the Clean Water Act certification on or after September 13, 1994. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management (NCDEM), Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 19, 1994, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. John Thomas, until 4:15 p.m., August 26, 1994, or telephone (919) 876-8441, Extension 25. nVV, 6) 1 cryA1111LIlyVV II VI*Vl I%, t 1`L 'J-74 t 141VL 1 aIJ VIV JVLJ- VJMVG-nGy L:1 QIIVI11 10 111V11 V1ILJIJ:JT 1•TIVV 11V1 T I , >na r ? y. ' w JY41i,': • ? JYaz • Iw '' J!1 ?,'. rim. ?'?;?,? ' JLL iow ' J7J1 1LI . ? . t ? . ?.IMM ,.,? t31 rte. '? '?y'+-Vi. ne. Iz11 u1? • ua 2@'• JLU ' tom, ,?' ItJt ` • ?` 1 r _y.. OA ,? 1 rw..l,? 1 ? . ?.. 7 ? uu ? •,1• 1010 OT' 2M 0•1 17 ` •* , '. u 1L! rL 1A! !' as ]>?II i. Y ? 7`V11 ? ?., y ? lye ?, \ 'M JAI DAW* l06i s ? a.ua. y i0Y ,' ' 'd ? 1L2 7 1 ltl?. rb ? y tr ? ? ? ? ? 7871 ? .? ? ? lli• t. tax '(!IK ? ? 4yM?-'--?'"`. ?? - ,? Jf2i S!Y ./ J? , ,.. ?../? list-, ?di4 S y' JZL T ' '? t.e 1m • ,? J:J1 ?' 7a 1011 h1.• • ? ?i ''y 1 'AMt, _ / ?•' :ffi ?;L 7 J 1nt •ff. 1121 Zu !hd v r r CZ mf' 1111 `- 1 ?? L ? - o .? ]t771 ,1 11? ?? J'?u ,? IMP ? I . , - - i 2 C • r= k mtt Lm AIA am ;MA 2111 .1 !]SR- ?U.. F?- JL( y ` o rya 1, 1. ZmL Im I= 4J. _ 2110..-, :,{.'. •,- . ' >nyy ? Jiitte 14 >ap . • a tat FAMLA**.. f.11 rAocj 16 / y tm 7711 sm. , a? W0.1Z4pp dr MW ° 1 •9R to ..¢ h, Ian. r { <. v??i F v1W mma, c ?r 2m •. ~•c' +1ak ^ •r • ^ . ^` ? PAP /2nt• rfs?• I7L: J?k ? ~ t ?may.. L!1 ,•. ,? t •? 771'1 . pr ~ ,? -l • IA 241E f • Est 1 , 'j IT!>4 R ? A y 761 w + CSI >Jn uu 'n' >? ,.7 7>!¢ + 1111 u. ` =L t d ti r ... t • 421 lklb 2lit i? ?/ ? f1M0 • w • tl ]1kl 1s? ^ ?e y ? U - r 10 bN, ? lyy r 1 sou MO WTAINS .161 , 7426. ' ' y 4r• `' bRu" ,f• . ? l,wr 11r. r .{.c .1 hA .. 7.••• ?. IITpl1 to•p? Mr• ?.?. . ?.. SB!' 11lO ? our . LIM! ` fIM. ` •1.??( •d? yA 1111. _ »rT ' ?,? .r' I 111M !ILK MT! S Lit A aN,^+ ; ? .' ..?. ?'? OrWk ffi - r Gar!d? A% ?'?` i, •.- .. • ': mow, :.?.'?'-` ` ? ? ?? ? '. + . T ? v, ?,?' `? mall. Ido ?r4 _ .1 17, 42nD Lm 'w' ?t •?, ? ? '=^'?.I?w, 1. ?.??`,: pl??? c.•t?'. Lr Rn,, BY:,+i lmington District 7-25-94: 1403 919 875 5623-+ U5ACE-Reg. Brancn;#20 I'.llll :II ILJ, 11:'T 1Tt V1 1141, T I ILV t'h Cm. 13 Q / - i ? _? r 41 •.\ _ `??--. 1!11( '_r ? _ ? ?,.?.?:.,;a d? ? . IN, rev' _?\ ?` ? Y -? ? / ? ? ? ? / u J t • J` ' : ; . 'I •- _'? ''' "' i ^ ?` r ? ?i) - .. -. r ?, \ _.. \\.. 11 - - y s- ?\ ,. _amp 41 `03 494 GRINS RIVF:.Q) - 495 - 46 4'D6 a NE z 30" SCALD' 1'24000 - 7 0 (?C' Cj cao o Icoo : Oco 17) acx !; ice 7D^X\ ?-:E T ----g ?? 0=-., ..- I ?,cr. RAF CONTOUR !NTF.;VA[, 40 FEET OATU.M Is PEAtJ E_A LEVEL RCV,BY:Wi!mington District 111J1I Y.q i/E: f TZ I i 7L 7-25-94 ; 14:04 l 0 ?s 919 876 5823-+ USAGE-Reg, 6ranch;#21r2 VI L,J, 1 !/T 111 4 VIL 11V, T I , LI a ?r t c Regulatory Branch Action ID. 199401590 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 28, 1994 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 Dear Mr. Dorney: Enclosed is the application of Prevette Pit, Mr. James Prevette for Department of the Army authorization and a State Water Quality Certification to dip approximately 25,000 cubic yards of sand from the Roaring River, off S.R. of 1999, north of Roaring River, Wilkes County, North Carolina. Your receipt of this letter verifies you acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by September 27, 1994, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. John Thomas, Raleigh Field office, telephone (919) 876-8441, Extension 25. S'nqerel , e Wrig Chi , Regulat y Branch Enclosure Copy Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 'APPLICATION FOR DEPARTMENT OF THE ARMY PERMIY OM APPROVAL No. 0710004' (33 CFR 32S) EKP&M 20 Sept ember 1992 bw dwl For Nib odle0foe etlnbm"Non ILedkttalyd b aw 6 S howa pw muteralt, for on nrt?odly of os ee, ?? 0"" dealt sowcee, ose"P 6-4 mat+tainMg the data nwded, and oantptatlnp antl ft 1Nta far reriaar4rp M»trttctloep, that in seoFopeely utreitiw anpte, Caeltl take q b G00 t9et W t Beane! QJlryrre, ooMcllon of ihkrntaflon Appliadpty tOr larger Or mow ogmp(ex ateooewana for rvduainy at+e ll vdan to oaparon.u or omen oti 8 and >r?w M bwdwe od eew or any saw aped of the colbcaon or 0?+b. WW 1204 ArNngton VA 222or?-130 and 4 the Offlae of ? ?4'°r°? OMsctoralo for ktAormrtbn Operadoeu rtd Raporq, 121 istierson your oar wkKod form to aidw of drew addreaaae4 ""e^ ^a^t and tsudgat. PAPetvrork Radyat Cn Plnieat (0710.0= W*g*,ga,, DC Zx= fleas Do $103 of f te of be A at+larirle Am., permit wn9ram is riuthoritod by Section 10 of the Rivers and Harbors AW of 11199, Section 404 of the Clean Water Act and 103 tf, >'?b0actfort, Reseal>;h and BarlCtuaries Act These laws require permits au ited States, the dtsdtarpe d dredged or fill material into waters of dw united Stafns, and the tran ?? activities in or affecting rlgviigable waters of the nto oases waters. tnformban Provided on this form wW 00 used in ^ for porn* I frtd fordredged rrtatorial for tho Purpose ofd,?,?O,,,? It public, record through ia3t,ICs of a a permit rrtatipn in this appt n is made a matter Of comrnuniomle with the public * . Disclosure of the information requested is voluntary; howev6r, the data requested are n0cMury in order to can a p?m+t be i&, ed apQllCal?it 8r1Q to eYBjjaklate the (1QrfnOt ap (t, if n61W4111y InfOrInution is not PrQ? the permit aPPUCaWn cannot b8 00 o P tt..ed not one set Of original drawings or good :oprWwble 000103 which show the location and character of the Proposed activity must be attwhed to this appitca(W (sees sampM draWfngs sad M11trueffons) and be submitted to the District &iiow haying jutfsdcow over the bcation of ft proposed aotivity. An application that i.$ not oompleted M full wi l be npUy ed. t. APPUCATION NU~ (Co be assigned by Carpal Mr. James R. Prevette 823 Greenhorne Road Roaring River, NC 28669 2. NAME AND ADDRESS OF AppLbOANT remphons M, during business haws Arc (910) AV-8055 (14eaidance) " 1910 t -95;E- Rx Z- (office) 3. NAME. ADDRESS, AND TITLE OF At,740F t2'ED AGENT To*atione no. Wing business h0M A/C ( l (?ide!nC0) A(C( > (Office) Statement of Autnorieation. 1 hwaby designate owid authorize behalf mytee agent in the praceeeing of this permit act in my lurngn, u applit:alion end to Don squeal, Sudplementel information in support of the appkalion. sIONATVae DP Ar"iC-A-w DATE 4. DEfAtLED 089C,AI nMN OP pppppgED ACTIW rf 4s, ACTPA Y EXISTING BERM, DRAINAGE DITCH AND SLOPING OF AREA AWAY.FROM RIVER 4b. KEEPING SEDIMENT LADEN WATER FROM RE-ENTERING RIVER 4c DISCHAAGE OF DREDGED OA I" mATEPAL SAND, GRAVEL TRANSPORTED BY TRUCK TO CARL ROSE & SONS, INC. - HIGHWAY 67 JONESVILLE, NC FOR PAVING MIX ENG FORM 4345, Jan 91 EMON OF Melt U-16 08WLt'r? .1,rM, is J7 IQ Vi 11V, -T NAml;s ANO At3Jq 'S OF ADJOINING PROPSKI't OWNEPA, Llfmr-E8. ETC, *MW 0A00 0M ALSO ADJGINS THE WA.TMWAY HOLLY FARMS POULTRY INDUSTRIES F. C. JOHNSON HEIRS TYSON FARMS ROUTE 5, BOX 248 POST OFFICE BOX 2020 NORTH 'WILKESBORO, NC 28659 SPRINGDALE, AR. 72765 MR. CLYDE HOLLOWAY ?gg E'?Ry GIt T ROUTE 1, BOX 129 OrTF ', B& 33? h c _ 6 WATERBODY LOCATION QN WATIMOD'r WHEfiE AC-n7N f W, S- OR IS Pq- pOSEU ' ---- ROARING RIVER - PP,EVETTF PIT IS LOCATED ON THE ROARING RIVER JUST BELOW THE' CONFLUENCE OF THE MIDDLE PRONG AND LAST PRONG OF THE ROARING RIVER LOCATION ON LAND WI-01E ACTMV ED(WS OR tS PROPOSED - I , IV All: ROARING RIVER,, BE ,ANY FORD ROAD TAKE SR 1999 GREENHIOPINE ROAD GO APPROXIMATELY 1-/2 MILE ON LE},T S'IAfWr, ROAD, ROUT-E OR OTHE-R IPTIVE L[XATION --- „--- WILKES NC 28697 COL NV STATE ZIP Mme- . WILKES COUNTY COMMISSIONERS I.O.AL QOVERNtNG BODY WITH JURISDK)TIt;A,t OVWASITI! - -" ?..•? ---- 8 Is sny pwWrn of the acteAty for which authorization is caught now tomFiataq - YES NO - 11 onaMer is 'yes" stye teaetutr3, month an d yasr the "tivity was oLWTW* ad, Indicate [rte existing worts on thu drawings. 1992 6• LiSI alI appt(,vaelS or certffiotttiont- am daniats rmalved from c that adaral, interstate stal6 w local activities dascripw in this spptioa6V,. for a,y str,rcturrts, cortstruotiott, tltLCharpus or other ISSUING AG&4CY TYNE APPROVAL IDENTISCATION NO ?)ATF OF APPI_ICATTCN DATE OF APPROVAL DATE OF DENIAL NC DEHNR MINING PEPUNIT 97 ]-5 IC-3-011 8-4-93 BONE .0. AWkstion L,, herepy matte fora psmtlt or Terntln to autthot'sz6 the activities a0scribed twrein I oamity Ihat 1 nm familiar with t116 mfoematien catsteirtgd in the APPICa ion and that tp the txsi of my knowledge and belief mo jAjorrrration ig ttua, complete, arid ASuuratr) I Ivrlhe certify that I Possess the suthwity to vnae+taur ,he PrcPOSW activities or I em Acting as the duty authorjud agent of the appTirant. _- n, JUNE 29, 1994 4IRMATURE OF APPLCM I DA StGNA I URE OF Ar%EN DATE the epplicsbon must be signed by the person wl10-desire"D rmdertake 070 proposed activity (8PPlicanf)rJr1t t"py'be signed by a duly aufhOrizeC regent it UM Wat+ement in block J has been lNled out and signed. 18 U.S.C. Section 1001 provid,a9 gtat Whoever, in any mariner wilhm tfte ]uritdxton of any JgAvtrnent or tsga ut The Urdr9h."• StUaj knowinpty arxf VAINUNy falt;ifies, ognpaal5, or e m eM LIP by any trick, sctutme, or 4W M a nt oA31 fact or makes any fdse, ftciiueoL4s or frnuaulent st8tr3RWt6 or reVemnt8 itm or mak" or uw ffisy faiss wn&V 01 d0ownerit kn thing 'atlmd to contam any t61 w ;r_m xv or fraudUent statement or entry, Shall tw, fined not more hw $10,Or)o or imptibi',x+tul not !Wore Khan 5v0 yr9Ars, or Wth IAOweree at ENO FORM 13451'