HomeMy WebLinkAbout19930308 Ver 1_COMPLETE FILE_19930412
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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
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/TEMPORARY) \ R p?
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726 H
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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
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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
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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
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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.
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P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
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