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HomeMy WebLinkAbout19930308 Ver 1_COMPLETE FILE_19930412 r' DEM ID: ??OU ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit ft 12 JOINT FORM FOR Nationwide permits that require notification to the Nationwide permits that require application for Sec WILMINGTON DISTRICT ENGINEER WATER QUALITY PL ; .?..> CORPS OF ENGINEERS DIVISION OF ENVIRONME GEI?VIENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF E ENT, HEALTH; P.O. Box 1890 AND NATURAL RESOURCE WETLANDS GRG'? Wilmington, NC 28402-1890 P.O. Bor. 29535 HlATER 0 11 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 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. 1. Owners Name: Bill Clark Construction Company 2. Owners Address: 200 E. Arlington Boulevard, Greenville, NC 27858 3. Owners Phone Number (Home): (Work): (919) 355-2000 4. If Applicable: Agent's name or responsible corporate official, address, phone number: William H. Clark 200 East Arlington Boulevard Greenville, North Carolina 27858 5. Location of work (MUST ATTACH MAP). County: Pitt Nearest Town or City: Greenville Speck Location (Include road numbers, landmarks, etc.): Located approximately 800 feet east of the intersection of NCSR 1726 with Hardee Creek 6. Name of Closest Stream/River: Hardee reek 7. River Basin: Tar River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO [g] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [K ] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.25 AC (Complete delineation of wetlands area was not complPted, nn13zmps^tad sewer area) 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: 0.10 AC 0 Total Impacted. .10 AC 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construction of 100 LF of 8" Sewer Main 13. Purpose of proposed work: Sewer main to serve proposed Arbor Hills Section 5 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Wetlands must be crossed to tie into the existing sewer main. Sewer is being constructed perpendicular to wetlands line to minimize disturbance o 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service wetland (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 [ ] NO [x] 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 maybe affected by the proposed project? Have you done so? YES[ ] NO [X] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. xi 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? Undeveloped and Single Family F. If applicable, what is proposed method of sewage disposal? Pm-"ic Collection System 0 er a Date EXIST. / MH. EXISTING 8" PVC WATER MAIN AZAL HIGHLAND fyl GARD HDME Q / t^ Oq ME ARK ?r1Q• _ NCSR I72G / ARB OR I fro ' 40' CONSTRUCTION CLEARING EASEMENT d I F p /TEMPORARY) \ R p? m ,y ran i .a O : / 726 H 01 s o :I Imo; T I ?pQ / ???,I 1 i ' ! VICINITY MAP ;w 1 j' PROPOSED 10" AA4 \ WATER MAIN I 56 55 0 1 `N 1 FUTURE d I c O T . HARVEY LEW S DEVELOPME 30' UT/L lTY ` N I 77 ESEMENT ` c l 76 U N `? O ? `O 1 my_ 7 78 PLANDS y 80 W CI O ? 8 ?N ° y 25' UTILITY 1- WETLANDS mss. EASEMENT BEARINGS and DISTANCES A FROM POINT A TO POINT L /O A B S 71'39'00" E _ 72.60' D \ AIH E WETLANDS N 39'16'53" E _ 93.93' B LINE C N 41'1720" W _ 12.65' ?. ??.... C I D FLOODWAY / TIE LINE N 7842'02" E _ 30.14' E LIMIT N 12 20 55" E S 54 24 55" E _ 41.35' \I 113.35' F WETLAND S`G N 80.0450" E - 35.26' G N 74'4234' W TIE LINE N 42'5556" E _ 78.09' 54.71' Q /? S 37.1338E H 3 119.78' ? N 54'52 08' E _ 96.39 WETLANDS l I y / LINE ? `28J K N 870756" E _ 85.12' I J N 76'/6'12" E _ 39.03' /21 K ARBOR HILLS ` I s 62 53'/3" L \\ S 12 56 23" E _ 23.55' SECTION 5 sos/• L BILL CLARK CONSTRUCTION,CO? UPLANDS `3J (27? ARBOR HILLS SECTION 5 WATER and SEWER MAIN EXTENSION 09?? NwHi BILL CLARK CONSTRUCTION CO_ O l3/1 GREENVILLE PITT COUNTY GRIMESLAND TOWNSHIP NORTH CAROLINA 321 / DATE: APRIL 1, 1993 SCALE.• I" m 100' A STROUD ENGINEERING, P.A_ 33? 107-B COMMERCE STREET J GREENVILLE, NC 27858 1919) 756-9352 WILLIAM K. MALPASS, P.E. -: Brook Valley Homeowners Association Brook Valley Greenville, North Carolina R 9 T-- s:T r? 0 DEC I 61993 December 13, 1993 Mr. G. Wayne Wright Chief, Regulatory Branch Wilmington District corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 RE: ID 199303690 (See attached letter - Pitt County) Your letter of November 1, 1993 (attached) discusses specific situations. I refer to the first paragraph on the second page: Lot #127 (adjacent to #126) has had timber cut and fill placed in the wetlands on it (about 1500 square feet) by the people doing the work on the adjacent lots (126, 114, and 115). Much damage has occurred. No erosion control devices were installed for the work on Lots 126, 114, and 115 or on Lot 127. Fill material has been placed, pushed, and allowed to erode in the waters or wetlands. This appears to be in violation of the authorization as per your letter of November 1, 1993. Please direct the party or parties responsible for this work to repair the damages and place the contravened area back in its pristine condition. In addition, we note fill material being placed in the wetland and a bridge and street being constructed just up water on Bell Branch above entering oxford Road, just in front of the Brook valley country club. To date, we have received no approval letter for this fill (nor to the best of my knowledge has the city of Greenville received such a letter). The bridge is almost complete as is the road. Please advise as to the status of authorization for filling of these wetlands in our neighborhood. ve y truly ??^, 7;h W. narw?Je President 7 441 ?aa DEPARTMENT 8F THE ARMY _ WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 , WILMINGTON, NORTH CAROLINA 28402-1890 November 1, 1993 IN REPLY REFER TO Regulatory Branch Action ID. 199303690 and Nationwide Permit No. 26 (Headwaters and Isolated waters) and Jurisdictional Determination Mr. Bill Clark and Associates 200 East Arlington Boulevard, Suite R Greenville, North Carolina 27856 Dear Mr. Clark: This letter confirms that on April 13, 1993, Mrs. Laura Fogo of my staff met your representative, Mr. Larry Baldwin of Land Management Group, on your properties located within Brook Valley Subdivision, in Greenville, Pitt County, North Carolina. The purpose of this meeting was to inspect your proparties for waters and wetlands subject to Department of the Army (DA) permitting authority. The following lots were inspected within the aforementioned subdivision: Lots Nos. 331 and 332 of Section VI, located off Oxford Road, adjacent Bell Branch; Lots Nos. 200 and 201 of Section. VI, located off King George Road, adjacent Meeting House Branch; Lot No. 296 of Section VI, located off York Road, adjacent Meeting House Branch; Lots Nos. 131-A, 131, and 130 of Section V, located off oxford Road, adjacent Meeting House Branch; and Lot. No. 295 of Section IX, located off King George Road, adjacent Meeting House Branch. Issuance,pf Department of the Army authorization must precede any placement of excavated or fill material within any waters or wetlands on your property. Unauthorized activity would be a violation of Federal law. As recommend discussed, before recommend undertake any work on _. the _ s`to we strongly re that the wetlands be surveyed and platted on a property map. Such mapping would help you avoid any unintentional disturbance of wetlands on the site. The mapping would also assist your planning, and be essential to any permit application that may be required. Droperty mans with surveyed lines must be field verified by our staff to be acceptable. No Department of the Army permits will be required to undertake activities within existing highground indicated to Mr. Baldwin on April 13, 1993, provided that no excavated or fill material is placed, pushed, or allowed to erode into waters or wetlands. This authorization may be relied upon for a period not to exceed three (3) years from the date of this letter. b ? -2- in addition, please reference Lots Nos. 126, 114, and 115 located west of oxford Road, adjacent Meeting House Branch, within this same subdivision. in 1990, you previously filled approximately 20,473 square feet (0.47 AC) of wetlands. You now propose to place an additional 9,905 square feet (0.23 AC) of fill material within the aforementioned lots in 404 wetlands. Total impact to wetlands within these lots equals 30,378 square feet (0.70 AC). 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 (NWP). 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. Your work is authorized by this NWB provided it is accomplished in strict accordance with the enclosed conditions. This NWP does 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 NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. if during the 2 years, the NWP 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 NWP, activities which have commenced (i.e., are underill construction) or are under contract to commence in reliance upon the NW9 _ w remain authorized provided the activity is completed within twelve months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify,. suspend or revoke the authorization. -3- As discussed, you should contact the following State agency to obtain the required State authorizations prior to starting work: Mr. John Dorney, North Carolina Division of Environmental Management, telephone (919) 733-1786. Thank you for your time and cooperation. If you have any questions, please contact Mrs. Pogo, at the Washington Regulatory Field Office, telephone (919) 975-3609. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. Larry Baldwin Land. Management Group, Inc. Post Office Box 2522 - Wilmington, North Carolina 28402 Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh,.North Carolina 27611-7687 Mr. Harry Bailey Division-- of Land Resources North Caolina Department of Environment, Health and Natural Resources 1424 Carolina Avenue Washington, North Carolina 27889 City of Greenville Attn: Mr. Don Belk Post Office Boy. 7207 Greenville, North Carolina 27835 Mr. John Dorney Water Quality Section Division of Environmental Management North' Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 k l/"aook Valley Homeowners Association 105 Dundee Lane Greenville, North Carolina 27858 L- 44 4+•11• / ? a ApI QQ \? \ ? Z 40• Mui. •? ?Mt '. .' ? o ' .? y ? 1'.ly ? SdL 6V ILI m {?7jL - z,v: N ti•37't rR, t?? ?2'. \j??! CIYf ?D cti it's = O C 0. ? a, o.. ? H ;2?•ji l?)- SO c«. T7y.,? ? YS d' ?C ? o ` `? • O. S G - ? L,G1I? cl"Cr?tJ ?' J Fl ` 11 .J?•--•?---' ?J?'f ;o. r- yam, -?. , ? ` o. 3 ? o t Z S h F ?^Q0 1 ? a q \• r o' S?• Ole K-14 cr r T l ?' W I Y / C N ?? ` 2 E ?r t-f _ , ? , Z 5'f i "?°i' ?/ ? ` ` t . 2 Li ?i•j ? ...._ S i ? ? ? ? ? Y n - \ / J 461 I: c v 4? 41N » .o 17 tic, n S , LLi/ ~ v t ?z 0 114- C5-1 - 3?' ? ? P tl' t. ? ?. • o , O 'd ?AA - 01 ZZa.so• \?, /\? t ?s. XY?•S ?? ?i? r in .e` -Ask ?r D N@ 0 31993 ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 - Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney Water Quality Planning Division of Environmental Management, DEHNR FROM: Richard B. Hamilton ?,IGG?(?j?,.Q Assistant Director DATE: May 10, 1993 SUBJECT: Division of Environmental Management 401 Water Quality Certification for Greenville Utilities Commission (DEM #93307) and Bill Clark Construction Company (DEM #93308) Hardee Creek, Pitt County, North Carolina. Biologists on our staff have reviewed the subject permit applications and conducted a site visit on April 27, 1993 for the purpose of assessing project impacts on wildlife and fisheries resources. This correspondence is provided in accordance with certain provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the North Carolina General Statutes (G.S. 113-131 et seq.). The applicants are requesting authorization to excavate 0.75 acres to install sewer line for residential development within wetlands adjacent to Hardee Creek. Red maple, blackgum, yellow poplar and cypress are the predominant tree species present with lizard's tail, jewelweed and chain fern the most abundant groundcover species. The area proposed to be impacted is habitat critical to perpetuating stabile water-dependent wildlife species populations within the drainage and serves as a highly valuable riparian habitat linkage for transient and resident wildlife populations. Hardee Creek itself is of sufficient size to support fish and other aquatic organisms. Disturbance within the creek floodplain as proposed may threaten stream water quality and consequently fisheries and wildlife habitat through siltation downstream of the impacted area. The development plan as proposed fails to minimize impacts to wetlands by utilizing an available upland sewer main route. Therefore, on the basis of the site investigation and review of the application information provided, our evaluation finds the Memorandum Page 2 May 10, 1993 project as proposed inconsistent with our agency guidelines for fisheries and wildlife habitat conservation. In our opinion, we also have determined that the project is inconsistent with the Environmental Protection Agency's Section 404(b)(1) guidelines in that it is neither water dependent nor has it been demonstrated that there are no practical non-wetland alternatives. As a result, we recommend that the water quality certification not be issued for this project. This project could be easily modified so the utility line would follow the wetland/upland interface which would result in significantly less impact. Thank you for the opportunity to review and comment on this project. If you require additional information or need to discuss these comments, please contact Mr. Brent Wilson, Wildlife Biologist at (919) 638-3475. cc: Honorable Roy Gerodd Sowers, III, District 2 Commissioner Brent Wilson, Wildlife Biologist I State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor April 21, 1993 A. Preston Howard, Jr., P.E. Jonathan B. Howes, Secretary Director Mr. William H. Clark Bill Clark Construction Company 200 E. Arlington Boulevard Greenville, N.C. 27858 Dear Mr. Clark: Subject: Proposed fill in Wetlands or Waters Sewer outfall, Hardee Creek Outfall water and sewer extension Pitt County DEM Project # 93308 Upon review of your request.for 401 Water Quality Certification to place fill material in 0.10 acres of wetlands or waters which are tributary to Hardee Creek for water and sewer main construction for Hardee Creek area located at SR 1726 in Pitt County as described in your submittal dated 15 April 1993, we.have determined that the proposed fill can be covered by General Water Quality Certification No. 2664 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. 12. If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, .rn? ston Howard, Jr P.E. - 93307.1tr Attachment cc: Wilmington DistricCorps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office ,,Mr. John Dorney Central Files Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007. Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer