HomeMy WebLinkAbout19990588 Ver 1_COMPLETE FILE_19990607DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO °g
November 23, 1999
Regulatory Division
Action ID No. 199910924 QJl+'2-
0"e-
City of Goldsboro 006
Post Office Drawer A
Attention: Mr. Terry Gallimore, City Engineer
Goldsboro, North Carolina 27533-9701
Dear Mr. Gallimore:
On May 5, 1999 we received the City of Goldsboro application for
Department of the Army(DA) authorization to construct a reinforced concrete
rectangular channel within 700 linear feet of a stream named the Big Ditch,
located east of John Street, between Olivia Lane and Elm Street, in Goldsboro,
Wayne County, North Carolina. This activity would result in the filling of
approximately 0.27 acres of waters of the United States.
Through coordination with Mr. John Dorney of the North Carolina Division
of Water Quality, we have learned that you have not furnished information
necessary for them to complete the processing of their required authorization.
You should immediately provide the requested information as Federal
authorization is dependent upon your meeting their requirements.
Please notify us of your intentions within 10 days of your receipt
of this letter. If we do not hear from you, we will assume that you are
not interested in pursuing Federal authorization at this time, and your
application will be retired.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Bill Biddlecome, Washington Regulatory Field Office,
Regulatory Division, telephone (252) 975-1616 ext 27.
Sincerely,
OoA
David M. Lekson, P.W.S.
Regulatory Field Office Manager
Copies Furnished:
M John Dorney
ii vision of Water Quality
Environmental Sciences Branch
and Wetlands/401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
ra ,
Certified Mail-Return Receipt Requested
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Terry Gallimore
City of Goldsboro
PO Drawer A
Goldsboro, NC 27533
Dear Mr. Gallimore:
Wayne County LT i 1?WA• 6 A
WQC Project # 990588
saw
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 21, 1999
On May 27, 1999, you requested a 401 Water Quality Certification from the Division of
Water Quality for your project to fill 700 linear feet of stream located near John Street between
Olivia Lane and Elm Street in Goldsboro. We wrote to you on August 10, 1999 discussing
concerns that we have regarding the design of the project and placing it on hold until those
concerns are addressed. As of today, we have not received a response to our earlier letter.
Unless we receive a written response from you by October 1, 1999, we will consider that you
have withdrawn this application and are not interested in pursuing the project at this time.
Please call me at 919-733-9646 if you have any questions or would like to discuss this
matter.
cer
Joh R. Domey
W er Quality Certif ation Program
cc: Washington DWQ Regional Office
Wilmington District Corps of Engineers
Central Files
John Domey
Bill Biddlecome, Washington Field Office ACOE
Doug Huggett, DCM 990588.clr
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh, NC 27699-1621 - Telephone 919-733-1786 - FAX 919-733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., _Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
AdMMM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 10, 1999
Terry Gallimore
City of Goldsboro
PO Drawer A
Goldsoro, NC 27533
Dear Mr. Gallimore:
Re: 401 Water Quality Certification
Wayne County
DWQ # 990588
Division of Water Quality (DWQ) received a public notice requesting a 401 Water Quality
Certification for your project to fill 0.27 acres of wetlands (700 linear feet of stream) for a drainage canal in
Wayne County. We believe that this project will require review by the State Clearinghouse under the State
Environmental Policy Act (SEPA). In accordance with NCAC:01C.0402, DWQ cannot issue the 401
Certification until the project has received a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) from DWQ and the EA/EIS been circulated through the Sate Clearinghouse. Therefore, I
must hereby place this project on indefinite hold until the State Clearinghouse advises DWQ that the SEPA
review requirements have been met. We will continue to review the project and make you aware of any
concerns through the SEPA review. Please contact Gloria Putnam, the DWQ SEPA Coordinator, to discuss
the SEPA review procedures. Ms. Putnam may be reached at 919-733-5083, ext 567. When the
NEPA/SEPA process is complete, we recommend that you notify us so we can reactivate the project. In
addition, by copy of this letter, I am also notifying the U.S. Army Corps of Engineers that this project
should be placed on hold. Please contact Ms. Gloria Putnam at 919-733-5083 ext. 567 for information
regarding the SEPA application process.
If you believe that this decision is in error, please call me at 919-733-1786 to discuss the matter.
Sincerely, Cr? \
G/ John R. Dorney
Water Quality uality Certification Program
cc: Washington DWQ Regional Office
U.S. Army Corps of Engineers Wilmington District Office
Central Files
Gloria Putnam
Washington Field Office US Army Corps of Engineers 990588.nocert
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
-MUKANUUrA
TO: John Dorney Regional Contact: Deborah Sawyer
Non-Discharge Branch WQ Supervisor: Jim Mulligan
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The City of Goldsboro East of John Street County Wayne
Project Number 99 0588 County2
Recvd From COE Region Washington
Received Date 6/7199 Recvd By Region 6/23/99
Project Type
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. E E
F__F_OY ON F_ F_ F_I -I -F_ F_ I -F_
Mitigation Wetland'
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments: "
cc: Regional Office Page Number 1
Central Office
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 20, 1999
Regulatory Division
Action ID No. 199910924
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
0, ?j0rk'k
P/?r
?-Alt T?CO?
The City of Goldsboro, Post Office Drawer A, Attn: Mr. Terry Gallimore, City Engineer,
Goldsboro, North Carolina 27533-9701, has applied for a Department of the Army (DA) permit
and a State Water Quality Certification to construct a reinforced concrete rectangular channel
within 700 linear feet of a tributary named the Big Ditch, filling approximately 0.27 acres of
waters of the United States. The project is located east of John Street between Olivia Lane and
Elm Street in Goldsboro, Wayne County, North Carolina.
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 is 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.
Please be advised that we are proceeding with a 30 day public notice process. In accordance
with our administrative regulations, in most cases, 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,
or asked for an extension of time, by July 21, 1999, the District Engineer will deem that waiver
has occurred.
-2-
Questions or comments may be addressed to Mr. Bill Biddlecome of the Washington
Regulatory Field Office, telephone (252) 975-1616, extension 27.
Sincerely,
'Z?'r?a k 0""
David M. Lekson, P.W.S.
Regulatory Field Office Manager
Copy Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199910924
PUBLIC NOTICE
May 20, 1999
THE CITY OF GOLDSBORO, Post Office Drawer A, Attn: Mr. Terry Gallimore, City
Engineer, Goldsboro, North Carolina 27533-9701 has applied for a Department of the Army
(DA) permit pursuant to Section 404 of the Clean Water Act TO CONSTRUCT A
REINFORCED CONCRETE RECTANGULAR CHANNEL WITHIN 700 LINEAR FEET
OF A TRIBUTARY NAMED THE BIG DITCH, FILLING APPROXIMATLEY 0.27 ACRES
OF WATERS OF THE UNITED STATES. THE PROJECT IS LOCATED EAST OF JOHN
STREET BETWEEN OLIVIA LANE AND ELM STREET IN GOLDSBORO, WAYNE
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provi d by figplicant and
made from onsite inspections undertaken by a representative of U ited at@Su y,
of Engineers. The purpose of this project is to stabilize the existi wage channel to
prevent erosion and eliminate health and safety hazards. The str chafftel iLb be impac
is approximately 700 feet long by an average of 17 feet wide. Arof 0.27 acres of stre
will be filled by this activity. The stream has been altered throusthiineIi atig°
surrounded by Textillease Corporation on the south side of the stream ancT a cemet 'L t w
north side of the stream. No wetlands will be filled by the piping of the stream, only waters
the United States will be impacted. There is no compensatory mitigation proposed by the
applicant for this project. Plans showing the work are included with this public notice
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required state authorization. A DA permit will not 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 North Carolina Division of Water Quality (NCDWQ)
has determined the applicability of a Water Quality Certification 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 worksite is not a 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.
-3-
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 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 North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ 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 NCDWQ 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 Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
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 Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, on or before
June 11, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Bill Biddlecome, Washington Regulatory Field Office,
Post Office Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m., on or
before June 21, 1997, or telephone (919)975-1616, extension 27.
ATTACHMENT NO. 1
Block 18
The City proposes to construct a reinforced concrete rectangular channel
approximately 700 ft. long within an existing drainage channel identified as the Big Ditch.
The channel will be 18 feet wide. The north channel wall will be 8 feet 8 inches high and
the south channel wall will be 6 feet 8 inches high. The channel walls will be constructed
of reinforced concrete blocks. The channel floor will be 12 inches thick and constructed
of reinforced concrete. An 8-inch stone bedding will be installed for the foundation of the
channel floor. A 4-foot high chain link fence will be installed along the top of each
channel wall.
No discharge of dredged or fill material is involved.
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a ? NORTH CAROLINA DEPARTMENT OF
r"- ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
NCD-EN'R.;-.--,-
June 4, 1999
y:
JAMES B. HUNTJR.
'GOVERNOR
..MEMORANDUM
wAYNE MODE-ft .PTO: Mr. A. Preston Howard, P. E.
SECRETARY
Director
Division of Water Quality
G ,
,., DONNA D. MOFFITT^ FROM: John R. Parker, Jr.
DIRECTOR Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199910924 dated May
?0, 1999 describing a proposed project by The City of Goldsboro is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
A ;
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 6/25/99. 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, NC 2761 1-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE 919-733-2293 FAX 919-733-1495
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199910924
PUBLIC NOTICE
May 20, 1999
THE CITY OF GOLDSBORO, Post Office Drawer A, Attn: Mr. Terry Gallimore, City
Engineer, Goldsboro, North Carolina 27533-9701 has applied for a Department of the Army
(DA) permit pursuant to Section 404 of the Clean Water Act TO CONSTRUCT A
REINFORCED CONCRETE RECTANGULAR CHANNEL WITHIN 700 LINEAR FEET
OF A TRIBUTARY NAMED THE BIG DITCH, FILLING APPROXIMATLEY 0.27 ACRES
OF WATERS OF THE UNITED STATES. THE PROJECT IS LOCATED EAST OF JOHN
STREET BETWEEN OLIVIA LANE AND ELM STREET IN GOLDSBORO, WAYNE
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and
made from onsite inspections undertaken by a representative of United States Army Corps
of Engineers. The purpose of this project is to stabilize the existing drainage channel to
prevent erosion and eliminate health and safety hazards. The stream channel to be impacted
is approximately 700 feet long by an average of 17 feet wide. A total of 0.27 acres of stream
will be filled by this activity. The stream has been altered through past channelization and is
surrounded by Textillease Corporation on the south side of the stream and a cemetery to the
north side of the stream. No wetlands will be filled by the piping of the stream, only waters of
the United States will be impacted. There is no compensatory mitigation proposed by the
applicant for this project. Plans showing the work are included with this public notice
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required state authorization. A DA permit will not 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 North Carolina Division of Water Quality (NCDWQ)
has determined the applicability of a Water Quality Certification 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 worksite is not a 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 base&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.
a
-3-
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 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 North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ 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 NCDWQ 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 Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
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 Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, on or before
June 11, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Bill Biddlecome, Washington Regulatory Field Office,
Post Office Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m., on or
before June 21, 1997, or telephone (919)975-1616, extension 27.
ATTACHMENT NO. 1
Block 18
The City proposes to construct a reinforced concrete rectangular channel
approximately 700 ft. long within an existing drainage channel identified as the Big Ditch.
The channel will be 18 feet wide. The north channel wall will be 8 feet 8 inches high and
the south channel wall will be 6 feet 8 inches high. The channel walls will be constructed
of reinforced concrete blocks. The channel floor will be 12 inches thick and constructed
of reinforced concrete. An 8-inch stone bedding will be installed for the foundation of the
channel floor. A 4-foot high chain link fence will be installed along the top of each
channel wall.
No discharge of dredged or fill material is involved.
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