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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. ,y -2- d r 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. y ! P -3- (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 i , ? 6 1A ?Y Y nfn • M• -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 %-r r NORTH CAROLINA Guilford County .r - 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: r? lest of Chowan River and south of Pamlico River/ ic+udingsouthern half of Beaufort Co t Hertford j -- un y. ---- Coastal Management Field Services 1502 N. Market Street Berrie Washington, NC 27889 ` •? 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. 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