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HomeMy WebLinkAbout19960442 Ver 1_COMPLETE FILE_19960507State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Mann ement g3 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 75 A. Preston Howard, Jr., P.F_., Director May 17, 1996 Guilford County DIiNI Project 11 960412 APPROVAL of 401 Water Quality Certification Mr. Roger Bardsley County of Guilford Government Center No. 2 P.O. Box 3427 Greensboro, NC 27402 Dear Mr. Bardsley: You have our approval to dredge in 2.00 acres of wetlands or waters for the purpose of renovating an existing pond at Wendover Ave. near SR 1541 and SR 1536, as you described in your application dated 6 May 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for die purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certificntion. In addition, you should got any other federal, stale or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicalmy hearing. You must act within 00 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina Gencral St.alutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Eir. ironinental Management under Section 401 of the Clears Water Act. If you have any questions, please telephone John Dorney at 919-733- 1786. Sincerely, ston Howard, Jr. P.F. Attachment cc: Wilmington Diwict Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. John Dorney Central Files Joe Humble; Davis-Marlin-Powell and Associates 9Q),112J(r Environmental Sciences Branch, 4401 Roody Crook Rd., Raleigh, NC 276071olophono 91(1-733-17t16 FAX M 7:1:1 911!.)() An Equal Opportunity Affiruntivo Action Employer • 50% recydod/1 0^/. post rnnsunior 1,,ipor 96444 D?v=s- PaWSLL assoczASSS , ?c_ R,-C61V, ? ffi?GIl MG-LARD 218 Gatev . Avenue, suits 102 MQr U .' 19y High Point, North Carolina 27262 FNV,?zc? 6 Phone: (910) 886-4821 nM??rA4 s Fax: (910) 886-4458 Date: MI???`? Co., PALO Re: it -IrM FbW . nil 10D We are sending you (*) attached ( ) under separate cover the following items: ( ) Shop Drawings ( ) Prints ( ) Plans ( ) Samples ( ) Specifi- cations ( ) copy of Letter (IL) other F of pies Drawing-# Description Disposition ? ? i•?o Ti F? ca-t? o ? FoIeM .?- 0 B ? ' ? l105?'Rp Remarks : COPLA 10c'"I "-6- A MM"f QMM OF 16d61dZt1Cjb BV: OoE 4U1Ab1..56 c: File KALSI GN M, 27024P . 0535 FROM 401 ISSUED 05, 31,1994 11;17 NO, 2 P. 2 NOTMCATION FORM INFO RN L`k-TION SFET Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification A. NOTIFICATION TO THE CORPS OF ENGIrWMS DLS`MCT ENGINEER. (REFER TO IMN( B. BELOW FOR DIVISION OF ENYMONNMNTAL TMANAGEMEENT APPLICATION RE. QUMYIENTS AND SPECIRCALLY NOTE NWP 26 DUTERENCE.) Certain nationwide permits require notific:mon to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 2.1 cubic yards) NWP 7 NW? 13 (only for stabilization activities in excess of 500 feet is test h or greater than an average of.one cubic yard per running foot) N *T 14 (only for fills in speed aquatic sites, including wetlands, and must include a delineation of affected specal aquatic sites) NWP 17 NW? 18 (required when discharge exceeds 10 cubic yards orthe discharge is in a special aquatic site and must include. a delineation of the affeted special aquatic site, including wetlands) NWP 21 (must include a delineation of affected speed aquatic sizes, including wetlands) NWP 26 (only for neater than 1 acre total impacts and must include a delineation of affected specal aquatic sites, including wetlands) N%? 33 (mustinclude aresaontioa plan of reasonable measures to avoid and minimize impacts to aquatic resource) NWP 37 NGVP 38 (must include a delineation of affected special aquatic sites, in?ding wetlands) For activities that teeny be anthadzed by the above listed nationwide pern3its that require notification, the 3ppllcmt shall not begin wmk a+ 'Una notified that the work may, proceed under the nationwide permit with any special coudddow imposed by the District Eagiam or b. If notified that an individual permit may be requited, or c. Unless 30 days (calendar) have passed from the time a complex notificmf on is received by the District Engineer and ao notice has be= received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality c enffication if authorization is requested for a discharge of dredged or M material, and 2) an approved coastal zone management cnnsistcncy determination if true activity wilt affect the coastal area, Jse of NYT 12 also requires notification. to the District Engineer; but woric may not begin unto written *ncTU=C is received from the District Engineer The time peno& dcs=lxd above do not apply. 'urthcrmore, requirements to notify the U.S. Fish and W'Ii dlife Savi= (USFWS), the National Marine rishexzes Service (NMFS), and the State Fiistori,c Preservation Office (SBPO), as indicated bellow and on the totincation form, do not apply. 3. APPLICATION TO DE~12 FOR NATIONWIDE PERNIIT SECTION 401 CERTlt'ICATION '=main nationwide permits require an application to DEM in order to obtain Section 401 water quality ctttific ation. 'hey are NW? 6, NiVP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NW 40. :eztaia nationwide permits were issued general certifications and tequim no application. They are NWP 3, NWP 4, MP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires nodfication to DEW, NWP 25, NW 27, NWP 32, NWP 36, nd NWP 37. 'he following w4onwide permits were issued general cati ons for only limited activities: NWP 13 (for pwiccss ass tban 500 fort in length), NWP 14 (for protects that impact Waters only). NWP 18 (for projaxs with less than IO ubic yards of IM in wanes only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or vedands). Projects that do not meet these criteia require application for Section 401 water quality cadficadons. FROM 05,31,1994 11:18 NO, 2 P. 3 ..__..._ .,..,., Env ,,,,VOW .6116 now W uuuaur approval tmm the Corps of Engineers and/or the N.C. Division of ironmental Management as specified above. The permitted should make sure that all necessary information is provided in order to avoid decays. One copy of the completed forin is required by the Corps of Engineers and seven copies are required by DEM. Plans and maps must be on 8 1/2 x 1 I inch paper. Enda?n?ggered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered s i be affected by the proposed project. pee es that may U.S. FISH APIA WU-DL.]FE SERVICE RALEIGH FIELD OFFICE PO. Box 33726 Raleigh, NC 27636.3726 Telephone (919) 856.4520 NATIONAL MARINE FISHERIES SERVICE HABUAT CONSERVATION DIVISION Pivers Island Beauforr, NC 28516 Telephone (919) 728-5090 ffistade msouu ces requirement: For Corps of Engineers notifications only, applicants must notify the State Historic Preservation Office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 East Jones Street Raleigh, NC 27601 Telephone (919) 733-4763 nfortnation obtained from these agencies should be forwarded to the Corps. FRGM 05,31, 1994 11;19 NO, 2 P. 4 -DEM ID' 9 6 0 4 4 2. ACTION In: !Nationwide P=miit Requested (Provide Nationwide Permit #): JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER. CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 An Ns CESAW-00-E Telephone (919) 251-4SI1 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMEN'T' NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Bor. 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 )NE (1) COPY OF THIS CONMETE,D APPLICATION SHOULD BE SENT TO THE CORPS OF ENWEERS, ;EVEN M COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. 'LEASE PRINT. . Owners Name: The o t of Gujifond- Owners AdGovernment Center No. 2 KIiCS$: _Pn Rnv Q)107 Owners Phone Number (Home): N/A If Applicable: Agent's name or responsible corporate official, address, phone number: Roger Bardslvy vovernmept_Center No. 2 Greensboro NC 27402 Phone 10 4- 44 Location of work (MUST AT'Y'ACH MAP). County: Guilford fearest Town or City: High Point peclfic Location (Include road numbers, landmarks, etc.):-- Adjacent to wenc3ntrAr a.rA (gR 154j) 1.41 - miles East of intersection (SE-115-41)-and-(SR boundary Gibson Park . Name of Closest StreamlRiver. Deep River . River Basin: De River Basin Is this project located in a watershed classified as Trod, SA, HQW, ORW, WS 1; or WS lZ? YES [ ] NO V] . Have any Section 404 permits been previously requested for use on this property? YES [ ] NO IXI If yes, explain. 0. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 2.00 Acres 1. Number of aces of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: E:c Yaled: 2.00 Acres Total Impacted:- 2.00 (Work): -_ N/A F R 0 K 05,31, 1994 11:19 NO. 2 P. 5 12. Description of proposed work (Attach PLANS-8 1/2"X 11" drawings only).. 13. Purpose of proposed work: Drain -& dredge existing pond 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. utilization--o existizg o for sto Ovate wi??gate.?, construction of new and 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarng the presence or any Federally listed orproposed for listing endangered or threatened ecies or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES V ] 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 [ ] NO [x 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? Par F If applicable, what is proposed method of sewage disposal? N/A I ? 3= Oft ??3si? ea. ? r L Ye[ fill 14 1 .% 10 #pp g t>i?zz;ttaeze11p Sac I X1 p.ilgii.?fi'eQ?? dO?ltlA € ? ?` I1? fA dto s ?AAaix ? ?fill /ra'? -'r7 Lei ¦,(t I?Pi rgtx? eF FpG !e a 1i 3 `? w? s ? ds t oe? i F {i i °d?t?tt°YY ttaDe?ts IX t 2tat A 3 re` ? ? C'83 +Ad?Iq?a?" p i t t JF. fini! • db 3aV: 2 sta. ?? ;aet _ ?a o_ 1 t a y lip, L [o; tAJoe? s¦ ?t?t Fi,t dt Ru??a? 0, i f I.zd qq +? E ps 9 t ? I ` i B?AA r y?? ?.\ t ? ? Y Y Y roc; \ t • o 0 oa ?? NO IMPROVEMENTS BSON PARK NEAR NOTTINGHAM DAMS-HARM-POWELL k ASSOC., MC I 1w FI? ,R F ULTE HOME CORPORATION Maw ?..a P mT. "m1w cmallU w„t,m .b., aww I III f i I r. 05,31,1994 -1.4 P, Z FR0P1 401 ISSUED. NO'TII'ICA TZON FORM ---, INFOR YULTION SFET F 8 19% Nationwide permits that require notification to the CA np TO* it rP Nationwide permits that require applications for Secdo' 403r $ A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER aaFER TO ITEM[ B. BELOW FOR DIVISION OF ENVIRONMENTAL XANAGEMENT APPLICATION RE. QU-IREMNTS AND SPEC'MCALLY NOTE NWP 26 DEFERENCE.) Certain nationwide permits requ= nctifccauon to the Corps of Engineers before work can proceed. They are as follows: NWp 5 (only for discsarges of 10 to 2S cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater th= an average of.ons cubic yard per marring foot) 14d(o y for fills in special aquatic sites, including wetlands, and must include a deliaeadon of affected special aquatic tes) NW? 17 NW? 18 (required when discharge exceeds 10 cubic yards orthe discharge is in a special aquatic site and must include. a delineation of the affected speaW aquatic sites, including wetlands) NW? 21(mus : include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) N'%T 33 (taunt include a.restoru tan plan of reasonable measures to avoid and minimize impacts to aquatic resouz=s) NW? 37 NWP 38 (roust include a deiine:Won of affected special aquatic sizes, inctinding wctlaads) For activities that may be authorized by the above listed nationwide permits that require notification, the applicant shall not begin wo& a. Uatil notified that the work may, proceed under the nationwide permit with any special cvadidons imposed by the District Eaginem>~ or b. If notified that an individual permit may' be required, or c. Unless 30 days (calendar) have passed from the time a compietee notifi=doa is received by the District Engineer and no notice has been received from the District Enter, and required state approvals have been obtained Required state approvals include: 1) a Section 401 water quality catification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency deu=ination if flue activity will a$eet the coastal area. Ise of 12 also requires notification to the District Engineer; but work may not begin until written :onc=6Fce is raxived from the District Enginem The time periods deesca13ed above do not apply. . urtiher=re, requirements to notify the U.S. Fish and Wildlife SGrvrcz (USFWS), the National Marine Fisheries Service (NMFS), and the State Historic Freeser rations Office (SEPO), as indicated below and on the ivtincation form, do not apply. 3. APPLICATION TO DEM FOR NATIONWIDE MHU SECTION 4014 ERTTI"ICATION. :stain nationwide permits require an application to DW in order to obtain Section 401 water quality certification. Chey are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40. :arena natiomvide permits were issued general certifications and regaim no application. They are NWP 3, NWP 4, V'WP S, NWP 7, NWP 20, NWP 22, NWP 23 (regw es notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36, gad NWP 37. Cher following nationwide permits were issued general c=tficadons for only limitod activities: NWP 13 (for projects ess than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10 ubic yards of Sll in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waicrs or vedands). Projects that do not meet these criteria re gui= application for Section 401 water quality certifications. FROM 05,31,1994 11:18 NO, 2 P. 3 646 uow lu uutaut approval from the Corps of Engineers and/or the N.C. Division of Env pro ded 1 Order to void d as specified above. The permittee should make sure that all necess rvviicd is order to a ovoid delays. One copy of the complcted form is required by the Corps of Engin ?Pi are inquired by DEM. Plans ary Information is End eers and seven and maps must be on 8 U2 x I I inch paper. ang Bred species requirement: For Corps of Engineers notific Fish and dlif1ce and/or the National Marine Fisheries Service regatioarnsdingothnlye, applipresencecants of must ust n notify Bred species the U.S. bcVlafrecteSdcrbV y the prop osed project, 8 that may U.S. FISH AND WILDLIFE SERVICE RALEIGH FIELD OFFICE P.O. Box 33726 Raleigh, NC 27636.3726 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION Pivers Island Beaufort, NC 28516 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, aPPUcants must notify the State Historic Preservation Office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 East Jones Street Raleigh, NC 27601 Telephone (919) 733-4763 nfortnation obtained from these agencies should be forwarded to the Corps. F?R1 05,31, 1994 11: 19 NO. 2 P, 4 L DEM ID: 9604 ACTION M: Yationwide Permit Requested (Prvvide Nationwide Permit #): JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section' 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEM Emr DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT HIrALTH, P.O. Bost 1890 AND NATURAL RESOURCES W* mington, NC 28402-1890 P.O. Bor. 29535 ATTN., CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4111 ATTN. MR. JOHN DORNEY Telephone (919) 733-3083 )NE (1) COPY OF THIS COMPLEM APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. ;EVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMEJq 1'AL MANAGEMENT: 'LEASE PRINT. • Owners Name: The o t of Guilford • Owners Addrrss• Government Center No. 2 roanchurn VC 7 • Owners Phone Number (Home): N/A (Wont): N/A If Applicable: Agent's name or responsible corporate official, address, phone number; r Government Center No. 2 Greensboro NC 2 402 Phone 10 4- 44 Location of Work WSTA7TACH MAP). Couaty- Guilford fearest Town or City: High Point Pecific Location (Include road numbers, landm=kS, etc.): Ad.iacent to Wendovar Ave (SR 1 941 1 1.41 miles East of intersection SR 1 41 and (SR 153d) Penny Rnntj in boundary Gibson Park • Name of Closest Streammvw.. Deere River . River Basin: _ Deep River Ba i n ^?- Is this project located n a watershed classified as Trout, SA. HQW, ORW, WS l; or WS II? YES C I NO (XI . Have any Section 404 permits been previously requested for use on this property? YES [ J NO 1Xl If yes, explain. 0. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 2.00 Acres I. Number of acres of waters of the U.S., including wetlands, impacted by the proposal project Filled: Drained: Flooded: Excavated: 2.00 Acres Total Impacted: 2.00 • 'FROM 05,31,1994 1019 NO, 2 P. 5 12. Description of proposed work (Attach PLANS-8 1/2" X l l" drawings only): 13. Purpose of proposed work: Drain & dredge existing pond 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minirnize wetland impacts. utilization o existing pond for s ormwA+ar Wi construction of new on 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 fisted orproposed 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 [k ] 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 [ ] NO [x ] 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 stortttwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Park F. If applicable, what is proposed method of sewage disposal? _ N/A frill f 3???ZR 4 66, L4L ^?8 F :? r C ? C ?6l $iAX18. v? alX;1XX ?? X9p9pa?i?+ I' I Ge a i G g } .p B6p;X?xj°a3E{gX}X T tt v a? a ? a ?EgII ? G n p ? " ? ^ ? ' } to B ?fiag? X?aE 6.. ¦?t ?? s6a't f? ell o p }J t6 ? Cj? ° X 9XI ? ?4? ae aX ells:. ' Y q}9 a x 1XX X R t t° G A n$A R F^?a v v v a s > mac; _MYRi L ov O IX R a a OND IMPROVEMENTS .L• wrt .. -.. - OAKS-MARTIN-POWELL t ASSOC.. INC O }I?BSON PARK NEAR NOTTINGHAM ,R ULTE HOME CORPORATION . ,.*? PONT. MOM CNIOLM - ...°.t .......s.r }.., wale aw.++* N? e ea( A i I i ,