HomeMy WebLinkAbout19870053 Ver 1_COMPLETE FILE_19870506m nmrLr nCrMN ill
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 6, 1987
SUBJECT: Nationwide Permit No. 26
Mr. W. S. Griswald, President
Charter Carolina Company
2100 - K. W. Cornwallis Drive
Greensboro, North Carolina 27408
Dear Mr. Griswald:
Through coordination with the North Carolina.Division of
Environmental Management, we have learned of your plans to place
fill material in headwater wetlands of a tributary to Brush Creek
to effect stream relocation associated with Phase II construction
in River Hills Plantation, Guilford County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for discharges of
dredged or fill material into non-tidal rivers, streams, and their
lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the
United States, including adjacent wetlands, that are not a .part of
a surface tributary system to interstate waters or navigable
waters of the United States.
For this nationwide permit to be valid, you must comply with
the following conditions:
a. Any discharge of dredged or fill material will not occur
in the proximity of a public water supply.
b. The activity will not jeopardize a threatened or
endangered species as identified under the Endangered Species Act,
or destroy or adversely modify the cultural habitat of such
species.
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c. The activity will not significantly disrupt the movement
of those species of aquatic life indigenous to the waterbody.
d. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. The work must be accomplished in strict accordance with
the conditions of state water quality certification No. 2059.
(1) The activity will 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.
(2) The stream will be relocated into the completed
culvert before filling of the existing stream channel begins.
(3) Appropriate sedimentation and erosion control
measures will be employed to minimize turbidity and siltation
impacts.
g. The following management practices will be followed to the
maximum extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict of impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters (unless the primary purpose of the fill is to impound
water).
(4) If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
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(5) Discharge in wetland areas will be avoided.
mats.
(6) Heavy equipment working in wetlands will be placed on
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
If you have questions, please contact Mr. Hugh Heine,
Regulatory Branch, telephone (919) 343-4725.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
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
1 Division of Environmental
North Carolina Department
Resources and Community
Post Office Box 27687
Raleigh, North Carolina
Management
of Natural
,Development
27611-7687
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-State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
April 24, 1987
Mr. W.S. Griswald, President
Charter Carolina Company
2100 - K.W. Cornwallis Drive
Greensboro, NC 27408
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Relocation of Stream
River Hills Plantation - Phase II
Charter Carolina Company
Tributary to Brush Creek
Guilford County
Dear Mr. Griswald:
Attached hereto are two (2) copies of Certification No. 2059
issued to charter Carolina company dated April 24, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original S,t;;r'sed By
William C. Mitts
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Winston-Salem Regional Office
William Mills
Mr. David Owens
Mr. Craig Fleming
Pollution Prevention Pays
p.0 Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-7015
An Equal Opportunity Affirmative Action Employer
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NORTH CAROLINA
Guilford County
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- 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 Charter Carolina Company
pursuant to an application filed on the 22nd day of January, 1987 to
relocate a tributary and fill the existing channel at River Hills
Plantation Phase II.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Brush Creek in conjunction with the proposed stream relocation in
Guilford 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 95217 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).
2. That the stream be relocated into the completed
culvert before filling of the existing stream-
channel begins.
3. That appropriate sedimentation and erosion control
measures be employed to minimize turbidity and
siltation impacts.
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 24th day of April, 1987.
DIVISION OF ENVIROMEMAL DMAMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2059
,.- STATE
-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
April 24, 1987
Mr. W.S. Griswald, President
Charter Carolina Company
2100 - K.W. Cornwallis Drive
Greensboro, NC 27408
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Relocation of Stream
River Hills Plantation - Phase II
Charter Carolina Company
Tributary to Brush Creek
Guilford County
Dear Mr. Griswald:
Attached hereto are two (2) copies of Certification No. 2059
issued to Charter Carolina Company dated April 24, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed fly
William C. Mills
FO' R. Paul Wilms
cc: Wilmington District Corps of Engineers
Winston-Salem Regional Office
Mr. William Mills
Mr. David Owens
Mr. Craig Fleming
Pollution Prevention Pays
p.Q Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-7015
An Equal Opportunity Affirmative Action Employer
A. . , •.^%,b
NOR'T'H CAROLINA
Guilford County
_ C:ERTIFICATIM
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 Charter Carolina Company
pursuant to an application filed on the 22nd day of January, 1987 to
relocate a tributary and fill the existing channel at River Hills
Plantation Phase II.
The Application provides adequate assurance that the discharge of
fill material into a uetlands area adjacent to the waters of a tributary
to Brush Creek in conjunction with the proposed stream relocation in
Guilford 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 50 NTU's or less
are not considered significant).
2. That the stream be relocated into the completed
culvert before filling of the existing stream-
channel begins.
3. That appropriate sedimentation and erosion control
measures be employed to minimize turbidity and
siltation impacts.
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 24th day of April, 1987.
DIVISIM OF ENVIRONMENTAL MANAGENlELU
Origin.:: ey
William C. Milk
For
R. Paul Wilms, Director
WQC# 2059
EVANS ENGINEERING, INC.
ENGINEERS • PLANNERS • SURVEYORS
POST OFFICE BOX 10285
GREENSBORO, NORTH CAROLINA 27404
TELEPHONE (919) 854-8877
January 14, 1987
Bill Mills
N.C. Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611
RE: River Hills Plantation - Phase II
Water Quality Certificate
Dear Mr. Mills:
RECF- "?/r'rI I N
s • I? r•l L ? i ,i [y t_
0 ID -EP, A
Please find attached the application for a 401 certificate for the above
mentioned project. The existing stream will be picked up by a 36" pipe and
discharged approximately 500' downstream. We are proposing to fill the
existing stream channel as shown.
Please call if there are any questions.
Sincerely,
Craig S. Fleming, E.I.T.
CSF/shs
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALIIOERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT Ftk MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
L Applicant Information
A. Name Charter
Last First Middle
B. Address 2100 - K W. Cornwallis Drive
Street, P. O. Box or Route
Greensboro, North Carolina 27408 919-288-9653
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Guilford
B. 1. City, town, community or landmark Greensboro
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Unnamed tributary to Brush Creek
III. Description of Project
A. 1. Maintenance of existing project 2
B. Purpose of excavation or fill
- 1. Access channel N/A length
New work Crossing Stream with Street
width depth
2. Boat basin N/A length width depth
3. Fill area In creek channel length 500' width 2' depth 0.33'
4. Other N/A length width depth
C. I. Bulkhead length N/A Average distance waterward of MHW (shoreline)
2. type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards N/A 2. Type of material
E. Fill material to be placed below MHW (see also V I. A)
1. Cubic yards t12 2. Type of material Upland Fill
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes N/A No
B. Does the disposal area include any marshland, swamps or other wetland? Yes N A No
C. Disposal Area
1. Location NIA
2. Do you claim title to disposal area? N/A
D. Fill material source if fill is to be trucked in Upland borrow area
E. How will excavated material be entrapped and erosion controlled? Si it fence & perman n G ding
I . 1 ype of equipment to be used Bulldozer
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
Cnrnl Dina Co
N/A
F-31
13,, _ ..,.',,
V. Intended Use of Project Area (Describe)
A. 1. Private /A
2. Commercial N/A
3. Housing Development or Industrial Single Family Lots For Sale
4. Other N/A
B. 1. Lot size(s) 35 AC ± (Phase II)
2. Elevation of lot(s) above mean high water N/A
3. Soil type and texture Madison Sandy Soils
4. Type of building facilities or structures N/A
5. Sewage disposal and/or waste water treatment A. Existing Planned X
. B. Describe Gravity Sewers
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes N /ANo
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesNANo
2. Type of discharge - N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known): N /A
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project. 30 Days
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
'. B. Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction booklet for
t details). Note: Original drawings preferred - only high quality copies accepted.
` C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served N A
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N/A
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE -/l
W S Applicant's Signature
C1,; 5 wa lr;( .
a&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
4.-,#r;
V. Intended Use of Project Area (Describe)
A. 1. Private N/A_
2. Commercial N/A
3. Housing Development or Industrial Single Family Lots For Sale
4. Other N/A
B. 1. Lot size(s) 35 AC ± (Phase II)
2. Elevation of lot(s) above mean high water N/A
3. Soil type and texture Madison Sandy Soils
4. Type of building facilities or structures N/A
5. Sewage disposal and/or waste water treatment A. Existing Planned X
B. Describe Gravity Sewers
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes N /ANo
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesN/ANo
2. Type of discharge - N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known): N/A
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project- 30 Days
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%s X 1 i" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
` C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served N A
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N/A
X1. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE -/l'
W 5 Applicant's Signature
?,r?swald-
D&F-a2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
Mail 2M copy to:
PLEASE BE SURE THAT:
- Both copies are completed
- All blanks are filled in
- You have signed both copies
If you have any questions please call your regional field office.
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C. 28402
(Note: attach Corps transmittal letter)
Phone: 919/343-4631
AND
Mail one copy to your regional field office as indicated on the map below:
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lest of Chowan River and south of Pamlico River/
ic+udingsouthern half of Beaufort Co
t Hertford
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Coastal Management Field Services
1502 N. Market Street Berrie
Washington, NC 27889 `
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919/946-6481 `' • ^•
Pander \
New
Hanover
\ f Brunswick
Coastal Management Field Services
P. O. Box 769
Morehead City, NC 28557
919/733-2160 or 726-7021 '
.South of New River Inlet to South Carolina border.
Coastal Management Field Services
7225 Wrightsville Avenue
Wilmington, NC 28403
919/256-4161
Coastal Management Field Services
108 S. Water Street
Elizabeth City, NC 27909
919/338-0206
South of Pamlico River and Beaufort County to
New River including barrier islands from Ocracoke
Inlet to north of New River Inlet.
East of Chowan River and north of Albemarle Sc
to Virginia border, including northern Dare Coi
and outer banks to Ocracoke Inlet.
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EVANS �N6FNEERiNG;..�NC.
'tN GlNEERS •`PLANNERS.0.SURVEYORS"
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4609DUNDAS OR. ` "GREENSBORO, N:C. 27407
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PHONE ,8548877
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