HomeMy WebLinkAbout19920745 Ver 1_COMPLETE FILE_19930119
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
January 21, 1993
Glen Laurel Ltd. Partnership
Attn: D. R. Bryan
5037 Linksland Drive
Holly Springs, North Carolina 27540
Dear Mr. Bryan:
Jonathan B. Howes, Secretary
Subject: Proposed Fill in Wetlands or Waters
Road crossing, golf course and residential development
Johnston County
DEM Project # 92745
Upon review of your request for Water Quality Certification
to place fill material in 4.33 acres of wetlands or waters in
Willetts Creek for road crossings, golf course and residential
development located at SR 1903 and SR 1902 in Johnston County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2732 issued January 21, 1992. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 26 and 14. Additional
conditions are that 1) all proposed detention ponds must be
constructed, and 2) deed restrictions be placed on all lots with
wetlands showing delineations and restrictions.
If you have any questions, please contact John Dorney at
919/733-1786.
Sincerely,
A P eston Howard, Jr.
APH:JD
Attachment
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax *4 919.733-0513
An Equal Opportunity Affirmative Action Employer
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Kevin Martin, Soil and Environmental Consultants
MENfuJiMNI)UM
TO: John Dorney
Planning Branch
SUBJECT: WETLAND STAFF REPORT AND
I JAN ? 2 ?
***EACH ITEM MUST BE ANSWERED (N//A-NOT
PERMIT_YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_FROM_CDA:
REG-OFFICE:
92 PERMIT-NO:
GLEN LAUREL
GOLF COURSE
APP
RRO
STREAM_CLASS : A)s_ L 111560
STR_I NDEX_NO : Z 7 - r3,?• Sl
WL__IMPACT? : ON
0000745
,tu,?ra
INITIALS:
Revi-ewer.
WQ Supv:-
Date:
COUNTY: JOHNSTON
PERMIT TYPE: NW2E
DOT #:
DATE _FRM_CDA: 12/18/92
RIVER-AND-SUB--BASIN-#: /u.?-P F.,",c
,13 d V D 2
WL_REQUESTED : S' 33 ,4454w e, , Nlj 2 6 ,, A/O /X
HYDRO__CNECT? : ON
MITIGATION?: Y)o
MITIGATION_SIZE:,A/I
WL_TYPE : /Vs ST-3 I-/
WL_ACR_EST'? :Q/N
0 J)
MITIGATION._ TYPE : ,{/,q
IS WETLAND RATING SHEET ATTACHED?: Y/N
RECOMMENDATION (Circle On1e):/ ISSUE SSUE/CO DENY 14- COMMENTS:. izv IF o
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cc: Regional Office
Central Files
lcs? n? .? 1ra??,cs ? Gc)o?`t,? ?ww c?.?y ca?.?¢?crco .
WETLAND RATING SYS,PEM WORKSHEET
r.oject No. or description q ?,
ocaCl011
Count y_ )OL}fUsjp?1 Nearest road or town (rye--ArIPVJ A yZ
River basin - ---- -
Nearest str(--am'A)0,. UTS and classification
%:Qir K
valuator
3ency and address
ate and time evaluated
ijor Wetland Type F--]
Approximate size of wetland system 5 acres
Approximate extent of wetlands in area/e-/5- acres
within -4 miles --
Three most common plant species (in order
X24//'ids! ?cY7 r,n )
>il Series (if known)
,drologic indicator4??ologic Direct surface conner_Li.cn? YE NO
fisting Conditions
Drainage ,?6;,, 9?
----- - --
Disturbance (M, ?lo,t,l, c
Restoration potential ----- -
Restoration value_
??y- -- --- site known to provide habitat for rare, endangered or
ened species?/I)O If so, list species observed or recorded.
em No.
3tion/Landscape
1 Natural area buffer
? Sensitive watershed
3 Dispersal corridor system
ological Values
1 Special ecological attributes
i Wildlife habitat
> Aquatic life.
' Water storage
8 Streambank stabilization
9 Removal of pollutants
Human Values
10 Outdoor recreati-on/education
11 Economic value
Scor e (circle one) _
5 p ?c
® 4 3 2 1
4 3 Q 1 0
5 4 1 0 ?
5 4 3 1 0
5 4 3 2 1 0
5 4 3 2 1 0
5 4 3 1 0
5 9 3 1 0
5 4 0 2 10
5 4 3 2 1 0
------- - --- Total s c o r - -- ---? I ??5 --- --------
Si-te description and notes : ac411 yO , 0 wee
13
"' u?catuic (ilI L((Q i U n o ?{ ? 0 - - - -f-r Yrv q ? ?X a,-Ku A Q 96 /k 0
(?
/,TV - r. vvr
T,l ?WETLAND RATING SYSTEM WORKSHEET
ro ect No. or description
ocation
County ,i??fT? ray/ Nearest road or town
River basin
Nearest stream lJ.^zjzt vi/r7 (Ij if and classification
'
valuator
gency and address 7-)E •'
ate and time evaluated
/ i -
ijor Wetland 'T'ype
Approximate size of wetland system acres
Approximate extent of wetlands in area,%.)-/? acres
within / miles
Three most common plant species (in order) : ,G,t
i
it Series (if known)
drologic indicators n'/ Direct surface h r logic connecti n. fYTsS NO
isting Conditions
Drainage
Disturbance
Restoration potential d - - --
Restoration value ----- site known to provide habitat for rare, endangered or
=ned species?___,?/o If so, list species observed or recorded.
--em No.
ation/Landscape
L Natural area buffer
'- Sensitive watershed
3 Dispersal corridor system
>logical values
Special ecological attributes
Wildlife habitat
Aquatic life
Water storage
Streambank stabilization
Removal of pollutants
Human Values
10 Outdoor recreation/education
it Economic value
Total score
Score (circle one)
5
5 4 3 1 (0
5 4 3 b 1 0
5 4 3 1 0
5 4 3 1 0
5 4 1 0
5 4 1 0
5 4 2 1 0
5 9 n3 2 1 0
5 4 2_ 1 0
4 3 2 ( 0
Site description and notes:
F ? t- N / ?" 4 ? tD <lQ , ??t?^? ..? fig ? ? ?,_? ? •? ? c?_G? ^? ?7 r??- ,+ c'
? 7 ?J 1 ?GC+JV!? ?;?i-? ./f•t?.zf i?n.t,J < ,A wy?-
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U. S. Army
Attn: Mr.
6512 Falls
Suite 105
?2?K?
Soil & Environmental Consultants, Inc.
Corps of Engineers
Eric Alsmeyer
of the Neuse Rd.,
Raleigh, NC 27615-6846
Dear Messers. Alsmeyer and Dorney:
NC DEH&NR
Div. of Environmental
Water Quality Planning
Attn: Mr. John Dorney
PO Box 29535
Raleigh, NC 27626
Management
The purpose of this letter is to request Nationwide permits (Nos.
14 and 26) and appropriate 401 Water Quality Certifications for
the placement of fill material on the project known as Glen
Laurel, Clayton, N.C. Members of your staffs (Mr. Alsmeyer, Ms.
Benton (Corps) and Mr. Schafer and Ms. Ligett (DEM)) have already
visited the site. The attached plans show the locations of
Wetlands and Waters of the U.S. as approved by the Corps on the
property utilizing the 1989 manual, proposed "fill" sites and the
areas of Wetlands and Waters of the U.S. to be impacted at each
fill site. The total proposed fill area of Waters and Wetland is
4.33 acres above headwaters. .65 acres will be covered under
Corps Nationwide Permit 14 for road crossings and 3.68 acres will
be covered under Nationwide Permit 26. The entire project covers
approximately 611 acres.
In the recent past, when dealing with wetland areas above
headwaters which require fill covered under Nationwide Permits the
Corps and DEM have issued permits/certifications on a routine
basis unless the wetlands are of exceptional quality or if
endangered species are involved. However, we feel that in some
cases our clients have been penalized for reducing impacts
"upfront" based on our recommendations. Therefore, I hope you
will consider that we have already made considerable changes of
the original plans to minimize the project's impacts as much as
possible. We have been involved in this project since 1989. It's
initial designs had impacts in excess of 8 acres and some below
headwaters impacts. Over time we have closely coordinated with
the owner, golf course architect, developer, etc. to minimize
impacts. We have also kept the golf course out of the large
bottomland hardwood areas adjacent to the Neuse River even though
most of the area is non-wetland and could support golf. During
our site meeting with DEM several oaks with 14 to 17 foot
Soil/ Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
circumferences were measured in the non-wetland portion of the
flood plain. Rating sheets completed by DEM at proposed impacts
did not have high scores.
Based on requests by DEM our clients have agreed to deed
restrictions which are detailed in the attached letter from D.R.
Bryan of Glen Laurel Limited Partnership. Additional requests by
DEM which we have employed based on meetings with Ron Ferrel and
Karl Schafer are:
(1) Lakes were added downstream of the Driving Range and Hole 9
and downstream of Holes 12 and 13 to offset wetland impacts
in these areas that could result in Water Quality Impacts if
the basins were not constructed. Only the dams in these
areas are considered impacts since jurisdictional areas to be
impounded are non-vegetated waters and therefore, under
current policy, are not adverse impacts.
(2) A large impact area upstream of Hole 12 near impact area W
was omitted by pulling back the proposed road and creating
two cul-de-sacs. This resulted in the loss of several lots.
(3) Lot layouts adjacent to the downstream side of Hole 10 were
reconfigured to ensure homes could be constructed without
additional impacts to wetlands. At least two lots were lost
in this process.
(4) Lot layouts downstream of impact area it were reconfigured to
minimize impacts and allow for home construction without
additional wetland impacts. One lot was lost in this
reconfiguration.
(5) The cart path from Hole 12 to 13 was moved so that it has
minimal wetland impacts.
(6) Wetland impacts were narrowed on fairways to the minimum
amount possible on Holes 9, 10, 12, 13. (See attached letter
from Golf Course Architect John LaFoy for further
explanation). However it may be necessary to utilize
Nationwide Permit 13 for stream bank stabilization 30 to 40
feet downstream and 20 to 30 feet upstream of these crossings
to stabilize the areas. We will attempt to avoid this if
possible. Please note again that the impact acreages for the
entire project are based on a 1989 Wetland Manual
Delineation. In reality, under current delineation criteria
much less area would be jurisdictional therefore impact
acreages would be considerably less. We estimate that 50%
less jurisdictional areas than are shown actually exist at
Hole 12 and the driving range and 25% less at holes 10 and 9
under current criteria. However, it would be unjust for the
client to pay for a redelineation and survey since the
project can qualify for a Nationwide 26 permit even utilizing
the 1989 criteria. On a recent 600 acre piedmont project one
of our client's spent $30,000 on surveying wetlands done.
Wetland impacts on holes 9, 10, 13 and the driving range are
unavoidable due to the steep topography of the site ( 15 to 25%
slopes where crossings occur). Considerable grading will be
required to make the hole playable for typical golfers and the
impacts occur in critical landing areas for play. All crossings
were made perpendicular to the stream to minimize impacts, but due
to steep topography adjacent to the areas it is not feasible to
just non-mechanize clear them and play over then as a hazard as we
have on other projects.
A considerable amount of thought and ground truthing has gone into
developing this layout and we feel impacts have been minimized as
much as possible. As you know, on a project like this, if you
attempt to move one segment it creates a "chain reaction" which
causes all the other components to shift. I feel we have been
through every practical configuration and this one seems to have
the least impact from a wetland, wildlife and water quality
standpoint. Obviously Nationwide 12 permits may be required for
the development, but final plans for these have not been completed
and they cannot be submitted at this time. Since the Golf Course
and Roads are not dependent on the utilities we hope the
Nationwide 12's can be addressed later without holding up the
Nationwide 14's and 26.
Based on site meetings with DEM and Corps staff we believe there
are no significant objections to the project as proposed. Since
we are on a tight construction time table anything you can do to
expedite the permit process will be appreciated. Please call if
you have questions or require further information.
Sincerely,
i
Kevin C. Martin,
President
DEN ID: ACTION ID: _
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORK FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
Glen Laurel Limited Glen Laurel Golf Partners
1. OWNERS NAME: P ershi c/o Carolinas Golf Services
2. OWNERS ADDRESS: Attn: D.R. Br A.n Attn: Stewart Frantz
rin17 T.inkgland Dr. 3700 Computer Dr., Suite 340
0 1 Raleigh,
3. OWNERS PHONE NUMBER (WORK) : (919) 5 5 2 - 4 5 4 7 ( WORK) _
(919) 571-8091
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Soil and Environmental Consultants
Attn: Mr. Kevin Martin
38 18 Bland Rd., Raleigh, NC 27609
790-9117
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Johnston
NEAREST TOWN OR CITY: Clayton
SPyffFacrOCA ION (IIbo`u' DE oA?D tNUMeBERS, LANDMARKS, ETC d: on the
Nc)rth by i-hp NP» GP Ri -m r r nn tho 50111 WPst by S _ R _ 1902 and
on the west by Willetts Creek (Sep attanhPd R1 iiPpri ni-)
6. NAME OF CLOSEST STREAM/RIVER: Neuse River
7. RIVER BASIN: Neuse
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ) NO [)J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO [X)
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: Unknown, Floodplain of Neuse River
has not been delineated, ut3/30/92
no impacts are propose t We.
C--.
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: Nationwide261 Nationwide 14
(Based on 1989 FILLED: .68 .65
Manual Delineation) DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 3.68 .65
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : Construction of
Golf Course and Adiacent Residential Development
13. PURPOSE OF PROPOSED WORK: Allow utilization of uplands for Golf
course/residential development including streets, lots, ponds,
fairways, etc.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Please see attach letters from Soil and Environmental
Consultants Inc. an John La oy. Note acreage figures are
based on a 1989 Manua Delineation, under current ru es Iess
wetland areas are present/impacted.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural residential,
agricultural or timberland.
F. IF APP?,IC BLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Municipal Sewer
Agent. 's SIGNATURE DATE
4-2-0-1- 1'392 10: 32AM
FROM BRYAN PROPERTIES, INC. TO
December 7, 1992
GLEN LAUREL LIMITED PARTNERSHIP
5037 Linksland Dr.
Holly Springs, N.C. 27540
Mr. John
NCDEH&NR
Division
Water Qu
P.O. Box
Raleigh,
Dorney
of Environmental Mgmt.
ality Planning
29535
N.C. 27626
Re: Glen Laurel subdivision
Johnston County, N.C.
Dear Mr. Dorney:
790172'2
Deeds for individual lots located in Glen Laurel sub-
division which are not currently shown as being impacted
will show jurisdictional wetlands and will state that
alterations are prohibited unless authorized by the U.S.
Army Corps of Engineers and the N.C. Division of Environ-
mental Management. There is no presumption that these
approvals will be granted.
Sincerely,
GLEN LAUREL LIMITED PARTNERSHIP
GLEN UREL DEVELOPMENT CO., INC., GENERAL PARTNER
D.R. 6ry in, President
P.02
DRB/eh
GOLF COURSE DESIGN
LAND PLANNING (]
"John B. LaFoty
GOLF COURSE ARCHITECT
521 Blacks Road
Greenville, South Carolina
29615
December 1, 1992
Mr. Kevin C. Martin
Soil & Environmental Consultants, Inc,
3818 Bland Road
Raleigh, North Carolina 27609
Dear Kevin:
It was indeed a pleasure to finally meet you in Raleigh
recently. I felt like I already knew you through your work
with David Brooks at our Devil's Ridge project, si it was
nice to be able to put a face with a name.
TELEPHONE
803/458-9073
I am also very pleased that you are helping us with the Glen
Laurel project in Clayton. I think you know us well enough
by now to know that we are very sensitive about the
environmental impact of our golf courses and try to avoid
impacting the sensitive areas where at all possible. There
are a couple of areas at Glen Laurel that you were concerned
about, specifically the wetland drainage channels and creeks
on the 9th, 10th, and 13th holes and the practice range. I
think the following explanations will help you see why we had
to pipe these areas.
The practice range is one of the most heavily utilized
elements of any golf course. Literally hundreds of thousands
of balls are hit on the range each year where they are
retrieved and hit again. Through normal attrition, theft,
loss, etc. thousands of the balls have to be replaced. The
driving range, as it is shown on the masterplan, is bisected
by a creek, thereby creating a hazard that would virtually
make it impossible to retrieve a large percentage of the
balls. The cost of replacing balls, as well as the increased
maintenance of the creek would make it impossible to function
as a driving range.
Holes 9 and 10 have similar problem, in that a creek or
drainage channel cross the fairway at a critical landing area
for senior and women golfers. As we did at Devil's Ridge,
for a golf course that serves the general public, we felt
like it should be playable for the high handicap golfer as
well as the better player. By piping these areas, we feel
like the golf course will better serve all types of golfers.
"Member
ArnnnC'7n "OC,',ery Of '>CIf COMF ^???^:
2
The creek on hole #13 practically runs the entire length of
the hole. I wish that none of that particular creek had to
be disturbed, but unfortunately I do not think that a landing
area can be created without piping a fairly long section of
the creek to the right of the dogleg. Without the pipe, the
hole would be extremely penal and unfair to practically all
caliber of golfer. Although it will create some
inconvenience, I think we can eliminate one of the crossings
at the tee.
We looked at many other alternatives on all of these holes,
especially the range, and could not come up with a workable
solution. As you are well aware, the amount of pipe that
will have to be used to cross the range is very expensive,
but it was the only viable choice that we had.
I hope that I have helped clarify some of the questions that
you had on these holes. If you have any additional
questions, do not hesitate to give me a call.
i
Sincerely,
ohn LaFoy
I 1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 5, 1993
Regulatory Branch
Action ID. 199101285 and Nationwide Permit Numbers 14 (Road Crossing)
and 26 (Headwaters and Isolated Waters)
Glen Laurel Limited Partnership
& Glen Laurel Golf Partners
c/o Soil and Environmental Consultants, Inc.
Attn.: Mr. Kevin Martin
3818 Bland Road
Raleigh, North Carolina 27609
Dear Mr. Martin:
Reference your application of December 17, 1992, for Department of the
Army authorization to discharge fill material within waters of the United
States, causing the loss of a total of 4.33 acres of wetlands (0.65 for road
crossings and 3.68 for fills associated with golf course, driving range and
residential development) adjacent to, and above the headwaters of, Rocky
Branch and unnamed tributaries to the Neuse River and Willetts Creek, for
construction of the proposed Glen Laurel development, east of Clayton,
Johnston County, North Carolina.
IT.i
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was also provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
T
-2-
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows, and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions. These
nationwide permits do not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh
Regulatory Field office, at telephone (919) 876-8441, extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
I ?
-3-
Copies Furnished (without enclosure):
Mr. Jeff Coutu
Planning Director
Johnston County Planning and
Inspection Department
P.O. Box 1052
Smithfield, North Carolina 27577-4194
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
''. 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