HomeMy WebLinkAbout19970951 Ver 1_COMPLETE FILE_19971104.TAN-26-19e MON 11:43 ID:
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I
State of North Carolina
Department of Environment,
Health and Natural Resources
Divislon of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt Secretary
A. Preston Howard, Jr., P.E., Director
TFI_ Nn:
9091 P02
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NOVEMBER 24, 1997
MEMO
TO: Srophen Benton, DCM
FROM: John Dorney, DWQ
RR- Water Quality comments clear and snag hurricane debris
Northeast Cape Fear River
Render County
DWQ 0 970951
RECEIVED
DEC 01 1997
COASTAL MANAf3gMENr
Amwhcd arc the generic comments developed by several agencies including DWQ
concerning clearing and snagging operations for hurricane debris in rivers and 3trdams in
NC. As long as these conditions are followed, DWQ will not object to this project.
Please call me at 919 733-17$6 if you have any questions.
Sin rely,
Jo n R. Dorney
cc: Mickey Sugg, US Army Corps of Engineers
Joanne Steenhuis. DWQ Wilmington Regional Office
Central Files
Division of Water Quality - Non-Discharge Branch
4401 Reedy creeK Rd., Raleigh, NO zmo7 Telephone 919-733-1786 FAX N 733.9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
98 MON 11:44 ID: TEL NO: #091 P03
O ?0 Hurrienne Fran Storm Debris Stream Clearing (EWP)
NPR
?In response to Hurricane Fran, it has been determined, in conjunction with the U.S. Army
c, Corps of Engineers. North Carolina Wildlife Resources Commission, and the North Carolina
Division of Water Quality, that debris mmoval from streams, channels, and other drainage ways
done under the following conditions will not require a Section 404 Permit or State 401 Water
Quality C01002don:
1. Removal of debris will be limited to the removal of vegetation and trash, construction and
residential material washed into the stream. Excavation of soil or sediment from wetlands or
streams is prohibited. Uprooted stumps.directly in the channel may be pulled from the ground
(no excavvation). but shall include no more than minimal amounts of soil attached to the roots,
Debris removal is restricted to that associated with Hurricane Fran.
i
2. Debris shall be disposed of on uplands where practicable.
I 3. Debris placed in wetlands shall be spread in a manner that does not impede lateral water flow
and should be sufficiently anchored (no excavation or fill) so that material will not be displaced
back into the Stream Channel.
4. Equipment used will gencrully include hydraulic excavators equippod with a moehanieal thumb
or grapple attactment, loaders, winches mounted on tracted or rubber-tired equipment, portable
winches, and chain saws.
5. Heavy Equipment working in wetlands must be placed on mats, or other measures must be
taken to minimize soil disturbance.
6. Equipment shall operate adjacent to the stream an not within the stream unless prior approval
has been granted. Where necessary, trees may be cut for access to work sites, however,
mechanized land clearing Will not occur in wetlands at any time, Crossing a stream to access
the opposite ban is permissible, but the crossing sites shall be selected to minimize damage to
the streambank and aquatic habitat.
7. No activity may cause a hazard to navigation.
8. In the event of a spill of petroleum products or any other hazardous waste, it should be
reported to the N. C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-
7956 and provisions of the North Carolina nil Pollution and Hazardous Substances Control
Act will be followed.
9. The eondaetea will be responsible for inspection and will ensure that the previously listed
conditions are met.
10. A mpresentativo of the Division of Water Quality will perodically inspect the work for
compliance with these conditions and to ensure that water quality and wetland standards are
not being violatpA. Deviations from these renditions or violations of water quality standards
will likely result in the cessation of work until the problem is resolved.
_?; _ _ , _ -TAN-26-' 98 MON 1 t : 45 1r):
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., t3ovemor
Wayne McDevitt, Secretary
noger N. 6ohooter, Director
TEL N0:
#091 P04
RECEIVED r
,.
DEC 01 1997
A..
COASTAL M,4NAGEfuIENT
97'0951
11/04/97
y
NC DEN&NR
Division Of Water Quality
P.O_ Box 27687
Res:r igh, NO. .;27614 ::... .,........................ _., _ _..- ......__..._._
REFERENCE: ACTID-98-0052 County: Pander r
Applicant/Sponsor: Pander county
claar and Snag Jfurrirane Debr.fs, Northeast Cape Fear River
Dear Mr. Dorney:
The attached U.S. Army Corps of Engineers Public Notice, dated
10/30/97 describing a foderal projoct or pormit is being circulated
to interested State agencies for comments conoerniny the proposal's
consistency with the North Carolina coastal management Program.
Please indicato your viowpnint on the proposal and return this
form to me before 121211970
Si cerely,
S e e e on
Consistency Coordinator
REPLY Thi ffice objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal,
No comment.
Slgned
Date
I 1
P.O. ltox 27687, Raleigh, North Carolina 27611-7697 Telephone 019-733-2293
An eQuol 0pponunn ty ANirmatlvw Aden Cmployar 60% Fiaeyelad / 10% Poat-4'onaumor Paper
R EC , Ell
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199800052
OCT' 3
1 193
COASTAL MANAGEMENT
October 30, 1997
PUBLIC NOTICE
PENDER COUNTY, represented by Mr. John Bauer, County Manager, POST OFFICE
BOX 28425, BURGAW, NORTH CAROLINA 28452 has applied for a Department of the
Army (DA) permit TO CLEAR AND SNAG DEBRIS ASSOCIATED WITH HURRICANE
FRAN FROM THE NORTHEAST CAPE FEAR RIVER IN PENDER COUNTY, North
Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. The
work will occur from the mouth of Rockfish Creek near the Pender-Duplin County line to
2000 linear feet above Watermelon Run near the River Bend subdivision or approximately
5000 feet north of the NC Highway 53 crossing (see attached map). Activities will consist of the
removal of vegetative, construction, and residential debris using hydraulic excavators equipped
with mechanical thumbs or grapple attachment, loaders, portable winches or winches on tracked
or rubber tired equipment, mechanical wheel grinders on tracks, barges, chain saws, and hand
tools.
Excavation or deposition of soils or sediments is expressly prohibited during this
operation. Because of this, a Section 401 of the Clean Water Act water quality certification will
not be required for the work from the North Carolina Division of Water Quality.
Debris will be disposed of on high ground where practicable. In wetlands, vegetative
debris will be spread and/or anchored so that material will not be displaced back into the channel
or impede lateral flow. Heavy equipment working in wetlands will be placed on mats, or other
measures taken to minimize soil disturbance. Land equipment will operate adjacent the channel
and not within the channel. Trees may be cut for access to work sites; however, mechanized
landclearing in wetlands will not occur.
If a spill of petroleum products or any other hazardous waste occurs, the event will be
reported to the N.C. Division of Water Quality. Pender County will be responsible for
inspection and will ensure compliance of all conditions for accomplishing this work. The
purpose of the work is to remove flow blockages to allow drainage of surrounding properties and
remove hazards to water traffic. The project is funded from the Natural Resources Conservation
Service's Emergency Watershed Protection program, the state of North Carolina, and local
monies.
The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for their review and concurrence. This proposal
shall be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification is denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 10 of the River and Harbor Act of
1899 (33 U.S.C. 403). Anyone may request, in writing within the comment period specified in
the notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agencies'
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors
listed above. Comments are used in the preparation of an Environmental Assessment (EA)
and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy
Act (NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Mickey Sugg, until 4:15 p.m., November 14, 1997, or telephone
(910)251-4811.
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q5j DEPARTMENT OF THE ARMY
D v Wilmington District, Corps of Engineers
9 Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199800052 October 30, 1997
PUBLIC NOTICE
PENDER COUNTY, represented by Mr. John Bauer, County Manager, POST OFFICE
BOX 28425, BURGAW, NORTH CAROLINA 28452 has applied for a Department of the
Army (DA) permit TO CLEAR AND SNAG DEBRIS ASSOCIATED WITH HURRICANE
FRAN FROM THE NORTHEAST CAPE FEAR RIVER IN PENDER COUNTY, North
Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. The
work will occur from the mouth of Rockfish Creek near the Pender-Duplin County line to
2000 linear feet above Watermelon Run near the River Bend subdivision or approximately
5000 feet north of the NC Highway 53 crossing (see attached map). Activities will consist of the
removal of vegetative, construction, and residential debris using hydraulic excavators equipped
with mechanical thumbs or grapple attachment, loaders, portable winches or winches on tracked
or rubber tired equipment, mechanical wheel grinders on tracks, barges, chain saws, and hand
tools.
Excavation or deposition of soils or sediments is expressly prohibited during this
operation. Because of this, a Section 401 of the Clean Water Act water quality certification will
not be required for the work from the North Carolina Division of Water Quality.
Debris will be disposed of on high ground where practicable. In wetlands, vegetative
debris will be spread and/or anchored so that material will not be displaced back into the channel
or impede lateral flow. Heavy equipment working in wetlands will be placed on mats, or other
measures taken to minimize soil disturbance. Land equipment will operate adjacent the channel
and not within the channel. Trees may be cut for access to work sites; however, mechanized
landclearing in wetlands will not occur.
If a spill of petroleum products or any other hazardous waste occurs, the event will be
reported to the N.C. Division of Water Quality. Pender County will be responsible for
inspection and will ensure compliance of all conditions for accomplishing this work. The
purpose of the work is to remove flow blockages to allow drainage of surrounding properties and
remove hazards to water traffic. The project is funded from the Natural Resources Conservation
Service's Emergency Watershed Protection program, the state of North Carolina, and local
monies.
.0
The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to Ae tN`q$V Qarolina
Division of Coastal Management (NCDCM) for their review and concurrence. This ploposal
shall be reviewed for the applicability of other actions by North Carolina agencies such as'
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-34](4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G. S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification is denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 10 of the River and Harbor Act of
1899 (33 U.S.C. 403). Anyone may request, in writing within the comment period specified in
the notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
M M.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agencies'
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian 'T'ribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
mace this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors
listed above. Comments are used in the preparation of an Environmental Assessment (EA)
and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy
Act (NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Mickey Sugg, until 4:15 p.m., November 14, 1997, or telephone
(910)251-4811.
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November 17, 1997
MEMO
TO: Joanne Steenhuis, WIRO
/AC
FROM: Pete Colwell, Central Office
Subject: Clearing of the Northeast Cape Fear
Attached is a copy of the COE Public Notice for Pender County's proposed clearing of
Hurricane Fran debris from the Northeast Cape Fear River. By the stream clearing
conditions that were developed by for the NRCS Emergency Watershed Protection
Program no 404 permit or 401 water quality certification is needed since no fill or
excavation is supposed to be done during the clearing. However, in this case, the COE is
requireing authorization under Section 10 of the Rivers and Harbors Act.
DWQ has been requested to make comments on the proposal. I have enclosed the letter I
have been sending to the other counties for their stream clearing projects and I don't see
anything else we can do here, but please review the request and provide any comments
back to me or John this week.
I have requested that the Counties participating in this stream clearing program notify
DWQ of their schedules so that we can conduct inspections of the work to ensure
compliance with the conditions. I want to make Pender County a focus of those
inspections since they have requested such a large area. I would like to include you in
those inspections if you are interested.
t
i
November 17, 1997
Mr. Richard A. Daniels
Me David Associates, Inc.
P. O. Drawer 49
Farmville, NC 27828
Re: Emergency Watershed Protection Program, Proposed Work
Dear Mr. Daniels:
The Divison of Water Quality has reviewed your plans to clear Hurricane Fran storm debris from
streams in Lenoir County. We have determined that as long as the clearing activities are conducted
in strict accordance with the attacthed list of conditions (which have been incorporated into your
bid specifications), no 401 Water Quality Certification is is needed for the work. In order to
protect downstream uses and uphold the water quality and wetland standards identified in North
Carolina Administrative Code 15A NCAC 2B .0200, the Division will be monitoring the stream
clearing projects for compliance with the approved conditions and North Carolina's water quality
standards.
The value of wetlands in protecting downstream water quality has been well documented. In order
for most riparian wetlands to provide these water quality benefits, streams must be allowed to
naturally over flow their banks and inundate their floodplains, allowing the wetlands to filter the
water. Stream channelization in the past has removed the water quality functions of many riparian
wetlands. Also, the woody debris within the wetlands and streams of these areas provides valuable
habitat and nutrients for fish and wildlife.
The Division requests that you notify Central Office or Regional Office staff in writing of the start
date and progress for each stream clearing project including the completion date.
If you have any questions, please feel free to contact me or John Domey at (919) 733-1786. The
Wilmington Regional Office contact Danny Smith at (919) 571-47(X).
Sincerely,
Peter B. Colwell
Environmental Specialist
cc: David Lekson, USACOE Washington
Mike Hinton, NRCS
Kevin Moody, USFWS
John Domey, DWQ
Deborah Sawyer, DWQ Washington
/'+ ?
MEMO
November 17, 1997
TO: Joanne Steenhuis, WIRO
FROM: Pete Colwell, Central Office
Subject: Clearing of the Northeast Cape Fear
Attached is a copy of the COE Public Notice for Pender County's proposed clearing of
Hurricane Fran debris from the Northeast Cape Fear River. By the stream clearing
conditions that were developed by for the NRCS Emergency Watershed Protection
Program no 404 permit or 401 water quality certification is needed since no fill or
excavation is supposed to be done during the clearing. However, in this case, the COE is
requireing authorization under Section 10 of the Rivers and Harbors Act.
DWQ has been requested to make comments on the proposal. I have enclosed the letter I
have been sending to the other counties for their stream clearing projects and I don't see
anything else we can do here, but please review the request and provide any comments
back to me or John this week.
I have requested that the Counties participating in this stream clearing program notify
DWQ of their schedules so that we can conduct inspections of the work to ensure
compliance with the conditions. I want to make Pender County a focus of those
inspections since they have requested such a large area. I would like to include you in
those inspections if you are interested.