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HomeMy WebLinkAbout19890197 Ver al_Complete File_19890706STAYt State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor November 28, 1989 George T. Everett William W. Cobey, Jr., Secretary Director Lt. Colonel Thomas C. Suermann District Engineer U.S. Army Ccrps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 Dear Lt. Colonel Suermann: C?. J AFC 989 The State of North Carolina has completed its review pursuant to 15 CFR 930 Subpart D - Consistency for Activities Requiring a Federal License or Permit of Corps Public Notice number CESAW-C089-N-015-0281. The notice describes a proposal by the North Carolina Department of Transportation to place fill materials in seasonally flooded wetlands of Cow Creek associated with improvements to S.R. 1115, near Riddle, Camden County, North Carolina. On 6/5/89, we provided Colonel Paul W. Woodbury a letter outlining comments we had received as of that date and entered the second three month portion of our review. We also provided a copy of the letter to the North Carolina Division of Highways. Subsequent to our letter, the Division of Environmental Management issued a 401 Water Quality Certification conditioned on the provision cf mitigation by the applicant. On 10/30/89, we received a copy of a letter to the Corps District Engineer dated 10/24/89 describing a number of modifications to the proposed project. These modifications which resulted from our earlier review summary and meetings with Elizabeth City DCM field staff, included the following: 1) Reduction in pavement width from 18 feet to 16 feet. 2) shoulder sections reduced to 3 feet from 6 feet in width. 3) Shoulder slope ratios in wetlands reduced to 2:1 from 3.1. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 1 An Equal Opportunity Affirmative Action Employer 4) Provision of 5 crosslines through the roadway to allow water movement between wetlands on either side of the roadway. 5) A discussion of the need for the proposed project, and alternatives requested by the North Carolina Wildlife Resources Commission, and; 6) Erosion and sediment control activities to be done during and after construction of the project requested by the North Carolina Division of Land Resources. These modifications result in a reduction of wetland impacts from 0.66 aces io 0.05 acres. In addition, NC Department of Transportation proposed mitigating the remaining 0.05 acres of wetlands through debiting the wetland bank on an acre-for-acre basis. Based upon our review, we agree with the applicant's determination that the proposed activity as modified in the 10/24/89 letter to the District Engineer is consistent with the North Carolina Coastal Management Program. Should you have any questions on our concurrence, please contact Mr. Steve Benton, Division of Coastal Management, at (919) 733-2293. Sincerel-y, , 0,' George T. cc: Division of Division of Division of Division of Wildlife Re Division of Division of Everett Coastal Management, Elizabeth City Office Marine Fisheries Land Resources Environmental Management sources Commission Water Resources Health Services a 45r TE° 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 July 6, 1989 R. Paul Wilms William W. Cobey, Jr., Secretary Director Dr. L. R. Goode, Ph.D., P.E. Division of Highways N.C. Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611-5201 Dear Dr. Goode: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act Proposed Improvements to SR 1115 N.C. Department of Transportation Cow Creek Camden County Attached hereto are two (2) copies of Certification No. 2360 issued to North Carolina Department of Transportation dated July 6, 1989. If we can be of further assistance, do not hesitate to contact us. Sincerely, R. Paul Wilms Attachment cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. John Parker P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer . j NORTH CAROLINA Camden 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 North Carolina Department of Transportation pursuant to an application filed on the 20th day of April, 1989 to perform grading, drainage, and pairing of SR 1115 near Riddle, North Carolina. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to waters of Cow Creek in conjunction with the proposed roadway improvements in Camden County will not result in a violation applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 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 50 NTU's or less are not considered significant). the of 2. That the 0.66 acres of wetlands that are planned to be filled by the project be mitigated for by either restoration of 1.32 acres of degraded wetlands, or creation of 1.98 acres of new wetlands, or protection of 3.3 acres of wetlands. Wetlands for these mitigation requirements should be in the same river basin as the project, if practicable. 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 Permit. This the 6th day of July, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT Gl? R. Paul Wilms, Director WQC# 2360 /A? APPF ` d ?a StATp o uOF. V rr? State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett William W. Cobey, Jr., Secretary Director June, 5, 1989 Colonel Paul W. Woodbury District Engineer U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 Dear Colonel Woodbury: The State of North Carolina is not able to make a finding at this time pursuant to 15 CFR 930 Subpart D on consistency with the North Carolina Coastal Management Program for Corps Public Notice number CESAW-C089-N-015-0281. The notice describes a proposal by the North Carolina Department of Transportation, Division of Highways to obtain an Army permit to fill seasonally flooded wetlands of Cow Creek associated with grading, drainage and paving of S.R. 1115, near Riddle, in Camden County, North Carolina. We received the Public notice on 4/21/89. To date, we have received a number of adverse comments from our reviewers. A summary of these follows. We have not received a response from the NC Division of Environmental Management (DEM) concerning the disposition of a 401 Water Quality Certification. Based upon a site visit, the North Carolina Wildlife Resources Commission (WRC) has determined that the proposed activity would result in the permanent loss of at least 29,000 square feet of wooded wetlands adjacent to North River. These wetlands provide numerous functions of benefit to the public as well as fish and wildlife. These include retention and filtration of stormwater runoff, provision of habitat for numerous species of fish and wildlife, and contribution to the overall productivity of adjacent waters. WRC is concerned that: 1. The applicant has not demonstrated a need for the project; P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer 2. The applicant has provided no documentation that the proposal is the least environmentally damaging of any alternative actions; 3. The applicant has not demonstrated that the project will not interfere with water movement and hydrology of the wooded wetlands, and; 4. The applicant has not provided plans for mitigation of wetland losses. Because of the potential for significant adverse environmental impacts and inconsistencies with WRC Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats, the North Carolina Wildlife Resources Commission requests that no permits be issued for this project until a more thorough evaluation of the project need, environmental impacts, and alternatives is developed by the applicant. Specifically, they have requested that an Environmental Assessment in compliance with the North Carolina Environmental Policy Act be prepared. The North Carolina Division of Marine Fisheries (DMF) has determined that the North River and it's tributaries, including Cow Creek function as nursery areas for alosids, spot, croaker, white perch, yellow perch and other commercially important species. The seasonally flooded wetlands are in integral part of the food chain and water quality protection for the aquatic system. The loss of wetlands and improved drainage associated with the roadway improvements could impact the nursery functions of Cow Creek, particularly when the potential cumulative impacts are considered. Therefore, DMF objects to the proposed project. The 1986 Camden County Land Use Plan (LUP) classifies 404 wooded wetlands as Conservation. Policies in the LUP restrict their use to those of "Coastal Wetlands". The management objective for Coastal Wetlands provides the highest priority to the protection and management of coastal wetlands so as to safeguard and perpetuate their biological, social, economic, and aesthetic values. Without mitigation of the functions of the wetlands lost and insuring that the proposed activity will not impact water quality and nursery functions in adjacent water bodies, the proposed activity is inconsistent with the Camden County LUP. The North Carolina Division of Water Resources stated that the applicant should mitigate the wetlands lost as a result of the proposed activity. The North Carolina Division of Health Services (DHS) expressed concern with the lack of detail in the plans for culverts and drainage. Since care is required to avoid creating ruts and other mosquito habitat, they request that 'JOW the Department of Transportation contact Mr. Dewey Boseman, Environmental Engineer, Rt. 1, Box 170, Bath, NC 27808, (919) 923-3191 to discuss detailed plans and arrange a site visit. The North Carolina Division of Land Resources has determined that should a permit be issued for the proposed activity the following will be required: 1. A permanent ground cover sufficient to restrain erosion be provided on all exposed areas within the shorter of 30 working or 120 calendar days after project completion; 2. Appropriate erosion and sedimentation control devices. measures, or structures be used to prevent sediment from entering the adjacent wetlands and watercourses, and; 3. A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any phase of grading on cut or filled slopes. Pursuant to 15 CFR 930.63 (b), we are sending a copy of this letter to the NC DOT Division of Highways to inform them of the status of our review and basis for our delay. Thank you for your consideration of the North Carolina Coastal Management Program. Sinq'erely, Stdphen B. Benton Consistency Coordinator cc: NC Department of Transportation Division of Highways P.O. Box 25201 Raleigh, NC 27611-5201 NC Division of NC Wildlife Re NC Division of NC Division of NC Division of NC Division of Coastal Management, Elizabeth City Office sources Commission Marine Fisheries Health Services Water Resources Land Resources 4 ACTION , . I ( _ - I II : . i : ' 4 O 0 .I. t ;. Fo 0 ; L. .. , .: „i;, HI_j..I i I NI l i p FAl l, }o ?::k ?1 t.; 1, i? "' .i.. i d Vi,l :;. ?:; I 1.! ', V ', f.,i 1 .. {:'li ??-i -02 l ph l i , i :; ' 1?kl. I1°?{ i;i.:, i il : r; P . 6: l. - _ . f 1.!_o 1 1 ' ..L:.,. I; r. I I .. 1 104 ( f'':I A :' 1 401 t' Et.! .. , E ,.. S!_! F 'r , p is i I .. }; l .' ?.'.? ... "1; .. :.. 01 ! I! .. . 1llr!A 7 : ; 00 ' . 1 i 1 1 ' 110 IJ 1 A) i' :` :. WATER DE PENDFNA -UHOVOI RAM::? RI`.1.:$t{`11'11"I. Z)ATTON Ii.' ENSU E WT CH 11 I •'.(I. :? iON OF i,!I...1; i ND (i i'n 1 i .. 1 )R_ I' Ci ACRES 1.. '` I I IP:. ! , 1.5 _ I I l.: R1.. ,:: ' , 1 ' !: H 1,! CIO L , 1 0 P OP 1 t .. I I' Qi j '`j ) RECOMMEN DATION R I :. i L l ; } 1 ? I t1 . i,i I ; : r a ' I°!? . ; .!. Vt K WNW MAY 1 5 1981-j \5 r ti l?? ?r ? ?i. ??... ?,. t^. M ;?Y n ,? ,,, ?:? rzFCCIV n t'?, srr1N(3-J-0N oFF?CC DEPARTMENT OF THE ARMY Wilmington District, Corps of EngineeAPP 2 71989 Post Office Box 1890 Wilmington, North Carolina 28402-1890"'.M. CESAW-0089-N-015-0281 April 20, 1989 PUBLIC NOTICE THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201, has applied for a Department of the Army permit.TO PLACE EXCAVATED AND FILL MATERIALS IN SEASONALLY FLOODED WETLANDS OF COW CREEK, ASSOCIATED WITH GRADING, DRAINAGE AND PAVING OF S.R. 1115, NEAR RIDDLE, in Camden County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show grading and paving, improving roadway shoulders and drainage, of approximately 0.80 mile of S.R. 1115. Approximately 0.66 acre of seasonally flooded wetland communities bordering the corridor would be filled as a result of the work. The purpose of the work is to improve the public roadway by paving and improving drainage. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration and the North Carolina Council of State. -2- e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 404(b) 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 worksite 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 has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not 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, -3- 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. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM 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 permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, 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 North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after May 12, 1989. 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, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before May 8, 1989, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeffrey Richter, until 4:15 p.m., May 22, 1989, or telephone (919) 251-4636. ?Jrl LaM Q ?,Iw:ll?taton ' Cr Back O rkdMi w.mm a plas?ak? n BeY luck alayviIII - e I7 Northwest Nill l erapasks f 1 MeyochC Gibbs I Island c id 1 Is? t South Mille • Snowden . 158 corn f • a a v1A.1, .11111 Y 11 S Shavrbor s mils ? , s,.,. P... S a IBaa start oils r civil uchrmoust S u\ 0 I Sa I I 7/ I Qef ` ack t N trills-(i? ??* am as? 1 rdla? n 9jj n Id hitch I V l alWdea ? b?'r cos t j It 1 ent t? rA andlr 11 -PE 104 - 9 .-,, rr r S,FiealiFia ar? Winlall • It itoFilon ???° • ' Is faa tlad .? ??,p, P ill's l Fill Nash W... h. L i he Is 1 I ,? ? + Rirw ,\ Herbi R Poi 5 000.6, /1. Narbor Ft. r tp-.W AxA A"... ?p100JtCT ?° - ??? ? 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