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HomeMy WebLinkAbout19970951 Ver 1_COMPLETE FILE_19971104.TAN-26-19e MON 11:43 ID: fc 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 j/ RUM I)F-:=HNF 1 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. p J P L N (R _ I e1, Vs I? - I` S oe I ras I? I:ri- U POP. JAGAW 1? I 2,16 rl I J .. ? Houv a?e?n? sNeET' ? o F 2- t A :I 4R h n lq,e. Z 0 a C z 0 W tlf O ?i N in Y7 V1 r> J 0 n U SNaP-7 z of 2 3DIlON D119nd V SI SlKl% ` - . .jq eousildwoo AepseuOR N01103S Airiv o uRVM jw j ABU d3AI,303-H i-LNVMOdWI L89L-TT9LZ aN HOIHZV-d CIE )IRRED )?QHHU T07VV 2 HNNOQ NHOr EN N LJ V 2?ylgVnO EH,IVM 3O NOISILIIQ SHDEMSHE gVEnIVN'HZZVHH *ANH 3O IdEG 5LOT#QI OJMVS SS3Nisn9 ieiDiAjo 0681-MI78Z `dNIlONVD H1dON 'NOlONIW1IM 0681 XO9 *Od NOlONIW1IM IDId1Sl4 d33NION3 AWNV 'S'n d33NION3 iDId1Sl4 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. 3DIION D118nd V SI SINL..... - UNViNOM ODMVS ss3Nlsno lVIDIA?O 068 l-Z0P'8Z VNIlONVD HAON 'NOlONIW1IM X661 p&??N-? 068 L X09 ' O'd e ? NOlONIMIM 1DINiS14 N33NION3 AwNv Q??/??. 40,V ?33NION3 IDId1Sl4 HIE T 0 V. ;C I to ? i IL r If 41 Z 0 U C V) U V B1 I ry? O N W in h v? r> 4 S ?m W a lu SNae.T Z of 2 3DIlON Dn9nd V SI SIHL...-,, UNVMOM ODMVS ss3Nlsnu 1VIDH O s3o4%?1,91& 068 L-ZOg8Z VNIlOWD HAON 'NOlONIW1IM !6 ?iNO?i,? 068 L X08 'O'd 61 e i) o 4 NOlJNIMIM 'IDIdlSla d33NION3 AWNV 's'n (7741 .? M d33NION31DId1SIG r 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.