HomeMy WebLinkAbout19970620 Ver 1_COMPLETE FILE_19970711
Kimley-Horn
? ? and Associates, Inc.
REci1otE0
1 11991, Es
EM1IR?NMrN?A?uC1ENC
July 9, 1997
Mr. Tom Walker
U.S. Army Corps of Engineers
Wilmington District
Regulatory Branch
P.O. Box 1000
Washington, North Carolina 27889
970620
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
401 ISSILE-L)
Re: Section 404/401 Wetland Permit Authorization
Alligator Cellular Communications Tower
360 Communications Company
KHA File No. 011197.30
Dear Mr. Walker:
On behalf of our client, 360 Communications Company, this letter is being
submitted as a request for authorization under Section 404 and 401 of the Clean
Water Act for the discharge of fill material into waters of the United States
associated with the above referenced 360 Communications project. The
accompanying information is being supplied for a Joint Application for
Nationwide permits and 401 Water Quality Certification. The project consists
of the construction of a cellular communications tower, equipment compound
and associated access road on land to be leased from Prudential Insurance
Company of America in Alligator, Tyrell County, North Carolina.
Construction of the project is scheduled to begin in October, 1997 with the
anticipated completion scheduled for December 1997.
The following are included as part of the application for your review.
1. Completed Joint form for Corps 404 permit and NCDEHNR 401 permit
2. Photographs of the wetland areas and site.
3. Site location maps on 8'/2" x 11" paper
4. Site plans and cross sections detailing the wetland impacts (Survey/Site
Plan Sheet A-1, prepared by Kimley-Horn and Associates, Inc. dated July
1, 1997)
5. Copies of correspondence received from notified commenting agencies
¦
TEL 919 677 2000
FAX 919 677 2050
CI M ? Kimley-Horn
and Associates, Inc.
Mr. Tom Walker, July 9, 1997, Page 2
6. Copy of wetlands survey approved by the Corps in the field (Art Coppola)
Permit authorization is being requested for the following proposed crossing of
an unnamed channelized tributary to Little Alligator Creek: a 42" pipe culvert
crossing disturbing 0.02 acres of wetlands and open waters. In order to
minimize impacts to water quality, best management practices for sediment and
erosion control, in accordance with the municipal standards will be employed
during construction.
As noted on the plans, the site is comprised of a 2.6 acre parcel. Development
is only being proposed in a 100' x 80' upland area in the northwest corner of
the site adjacent to US 64. The remaining portion of the site has been
determined to be wetland as confirmed in the field by Art Coppola on August
13, 1996 and February 4, 1997. - Bill Biddlecome attended the first site visit as
well.
The wetlands line shown on the plan is based on extensive field review and
multiple meetings with the Corps. The site is disturbed in that it has been
cleared for timber harvest at various times. The soils throughout the entire site
and within the immediate vicinity are hydric or relic hydric soils. The site is
bordered by the channelized stream along US 64 and a large ditch along the
western property border. The invasive species on site are comprised primarily
of hydrophytic vegetation (rushes, sedges, and saplings of sweet gum and red
maple). Due to the altered nature of the site, Corps representatives agreed that
the wetlands limits would be based on the hydrology on site. Several field
investigations were then conducted to evaluate the hydrology on site and
presented to Art Coppola in February of 1997.
Based on our information and Art's review of the site, it was agreed that the
majority of the site demonstrated hydrologic conditions sufficient for wetlands
except a small area near the intersection of the two canals in the northwest
corner of the site. It appeared that the zone of influences of the two ditches
could be seen at approximately 80 to 100 feet from the canals based on the field
information gathered. This area was agreed to be non-wetland. The area
agreed to in the field is shown on the attached survey as a 100' x 80' area.
The applicant agreed to modify the proposed development from a guy tower
that would require impacts to wetlands greater than the Nationwide threshold
for NWP 18 (it was determined that the wetlands on site are not eligible for
NWP 26 - adjacent to Little Alligator Creek) to a self-support tower that
would be placed in the small area of uplands and have no impact on wetlands.
However, access to the site across the channelized stream was still required.
Therefore, we are applying for a road crossing permit. The applicant has
proposed the minimal width of road crossing feasible and has designed a
culvert crossing sufficient to maintain normal flows of the channelized stream.
... At.
EM" Kimley-Horn
M and Associates, Inc.
Mr. Tom Walker, July 9, 1997, Page 3
We anticipate that the culverted crossing qualifies for authorization under the
Nationwide Permit #14. I hope the information provided in this application is
sufficient for your review. Thank you for your assistance with this matter.
Copies of the information included in this application have been sent to John
Dorney at the North Carolina Department of Environment, Health and Natural
Resources, Division of Water Quality. If you have any questions or comments,
please do not hesitate to contact me or Jim Eisenhardt at (919) 677-2000.
Very truly yours,
L Y-HORN AND ;,SOCIATES, INC.
eth A. Reed Environmen 1 Spec lisBAR:db
Enclosures
Copies to: John Dorney - NCDEHNR
Kim Panacchia - 360 Communications Company
David Cutlip - SBA, Inc.
Bill Biddlecome - USACOE
H: \PN\01119730\THOMAS. LTR
8ECEVP1-,
DEM ID: ACTION ID: n
Nationwide Permit Requested (Provide Nationwide Permit ft 14 401166 t 11-1297
JOINT FORM FOR 1"`'/[?0NMENr4L SC/ENCES
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
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Boy. 29535
Raleigh, NC 27626-0535
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: Prudential Insurance Company of America (tn 1)P 1 PACPA-'by 360° Co muni cations)
2. Owners Address: 800 Boylston Street, Boston, MA, 02199
3. Owners Phone Number (Home): (617) 236-2499 (Doug Charles)(Work): (919) 796-0017 (Delbert Powell)
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Kimley-Horn and Associates, Inc. Attn: Beth Reed or Jim Eisenhardt
Post Office Box 33068
Raleigh, North Carolina 27636-3.068
5. Location of WC :k (MUST ATTACH MAP). County: Tyrell Coutny (USGS location map attached)
Nearest Town or City: Alligator
Specific Location (Include road numbers, landmarks, etc.): The site is located approximately 1.5 miles
southeast of intersection of NCSR 1229 and US 64 (Town of Alligator). The -s ile and impact
are located on south side of US 64.
6. Name of Closest Stream/River. Little Alligator River or. Second Creek
7. River Basin' Pasquotank River Basin
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO EA
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ' Gx]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: approximately
2..6 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.02 acre
Drained: N/A
Flooded: N/A
Excavated: N/A
Total Impacted: 0.02 acre
12. Description of proposed work (Attach PLANS-81/2"X11" drawings only):. Construction of a 300, self-supT,t
telecommunications tower, equipment shelter and gravel access road with ditch culvert
(see attached sheets).
13. Purpose of proposed work: To improve cellular network coverage in this area of North Carolina
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. This site was hest suited rn 1600 rommuni sari ens search criteria and
provides maximum cellular coverage for this market. 3600 Communications used minimum safe road
isLdJtb You ate lre?tiued io co°tita't t ie Sn is and il ?if?5? +ic?ec?J `1 S') aii?YN19dnal Marine Fisheries Service
(NNfFS) regarding the presence or any Federally listed 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 [X ] INTO [
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 LX ] NO [
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. (attached)
B. If available, representative photograph of wetlands to be impacted by project. (attached)
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. (attached)
D. If a stormwater management plan is required for this project, attach copy. N/A
E. What island use of surrounding property? Agriculture, timber lands and undeveloped wooded lands
F. If applicable, what is proposed method of sewage disposal? N/A
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«- .- imle3•-Horne X002%002
State of North Carolina
Department of Environment,
Health and Natural Resources
Dlvlslon of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schectar, Director
1 August 1996
Mr. David Cutlip
SBA, Inc.
5561 McNeely Drive, Suite 201
Raleigh, North Carolina 27612
Dear Mr. Cutlip:
EDoi NR
This letter is in reference to your 31 July 1996 request to review cellular tower sites in
Tyrrell and Beaufort Counties to determine if CAMA jurisdiction is warranted. The sites in
Tyrrell County were identified as; Davenport Site #1, PruTimber Site #2, and PruTimber Site #3.
The sites in Beaufort County were identified as Rouse Site #2, Pope Site #1, Latham Site #4,
Foreman Site #3, and U. S. Cellular Site Alt.
Your plans were reviewed on 31 July 1996 and it was determined that these areas do not
fall within the definition of Public Trust Areas as described in Subchapter 7H.0207 of the North
Carolina Administrative Code. Therefore, U2 permit is required from this Division for
development at these sites.
i appreciate your concern and effort to comply with the Permit requirements of this
Division and encourage you to continue to consult representatives of this Division for future
questions regarding CAMA jurisdiction. Thank you for your time and concern in these matters
and if you have any questions, please call me at (919) 946.6481 ext. 298.
Sitmely,
Q)C,, Z' ?z VI\
David W. Moye
Field Representative
cc: Terry Moore - District Manager, Washington Regional Office, DCNI
John Parker - Major Permits Chief, DCM
Steve Benton - Federal Consistency Coordinator, DCM
1424 Carolina Avenue. Washington. North Cardha 27889 Telephone 919-946-4481 FAX 919-975.3716
MEqual opportunity AfflrmotlveAction Employer ED%recycled/ 10%post-carvumerpaper
Q?PPS?ENT OF T y?Z?
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 9, 1996
Ms. Tara Disy
Kimley-Horn and
P.O. Box 33068
Raleigh, North
27636-3068
Dear Ms. Disy:
Associates, Inc.
Carolina
c 5
Fes:
r
4
The U.S. Fish and Wildlife Service (Service) has reviewed your
September 23-27, 1996, correspondences soliciting Service comments
on the following proposed communication tower installations. These
comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act, as amended (16 U.S.C. 661-667d), Section
7 of the Endangered Species Act of 1973 (Act), as amended (16
U.S.C.*1531-1543) and The Migratory Bird Treaty Act (16 U.S.C. 703,
et seq.).
Latitude and Longitude Coord. County
33-54-56.5/78-09-40 Brunswick'
35-53-21.5/78-50-59.3 Durham/
36-02-58/79-52-17 Guilford/
36-03-28.7/79-54-31.1 Guilford
35-47-22.2/78-07-43 Nash -/
36-59-24.5/79-04-28.5 Orange
?
35-36-34.7/77-34-18.5 Pitt
35-35-16.5/77-19-02.7 Pitt
34-40-40.1/79-15-05.6 Robeson'
36-22-26/79-40-05 Rockingham
35-54-03/76-05-15 Tyrell/
35-51-4.7/78-34-58 Wake
35-46-02/78-34-35 Wake
35-45-52/78-48-53 Wake
35-47-33/78-34-38.5 Wake
_- -1 .
The attached pages identify the Federally-listed endangered and
threatened species which occur in the above mentioned counties.
There have been documented occurrences of Bald eagles (Haliaeetus
leucocephalus) and Red-cockaded woodpeckers (Picoides borealis)
within the vicinity of the proposed tower site in Tyrell County.
In Brunswick County, Atlantic Ridley (Lepidochelys kempii), Green
Turtle (Chelonia mydas), Piping Plover (Charadrius melodus), and
Seabeach Amaranth (Amaranthus pumilus) have been documented in
Lockwoods Folly Quad. There are no other documented occurrences of
Federally-endangered or threatened species near the other tower
sites, but please note that the data set used (i.e. BCD) is not
comprehensive, rather, it is a representation of circumstantial
sightings of endangered and threatened species. Evaluating local
habitat quality and implementing proper wildlife surveys would be
the most thorough way to assess the potential impacts to sensitive
species. If pine trees greater than or equal to 30 years of age
with a DBH of 9 inches or greater in pine or pine/hardwood habitat
are present a Red-cockaded woodpecker survey should be implemented
in appropriate habitat within a iii mile radius of project
boundaries. If red-cockaded woodpeckers are observed within any of
the project areas, the project may impact the Red-cockaded
woodpecker, and you should contact this office for further
information.
The Service's major concern relating to projects of this nature
are impacts to migratory birds and federally-endangered and
threatened avian species. Towers are potential hazards when
birds fly at low feeding altitudes. Birds travel linearly along
hilltops focusing on the ground in search of prey rather than for
aerial obstacles, leaving themselves vulnerable to collisions
with towers. Daily avian foraging routes are important elements
to consider when sighting towers. Wire strikes are frequent when
the structure separates feeding and roosting areas. Collisions
also occur frequently at night and during inclement weather which
reduces visibility and/or causes birds to fly lower. Using highly
visible topographic cues in structure placement can reduce the
incidence of collisions. Sighting structures adjacent to
windbreaks or at the base of low hills will result in fewer
losses than structures in flat terrain. Also, sharing the same
right-of-way with several types of structures would increase the
visibility of such avian hazards. The structural design of towers
could also mitigate potential dangers, such as constructing self-
supporting towers rather than the more hazardous guyed towers.
The Service's review of any subsequent environmental document
'I .
would be greatly facilitated if it contained the following
information:
1. A description of the fishery and wildlife resources within
the project area and any areas, such as borrow areas, which
may be affected directly or indirectly by the proposed
project;
2. A list and acreage of
impacted. Wetland tY7
classification scheme
This list should also
to be affected by the
Manual for Identifyin4
Wetlands;
habitat, by cover type, that will be
?es should follow the wetland
of the National Wetlands Inventory.
give the acreage of each wetland type
project as determined by the Federal
and Delineating Jurisdictional
3. Techniques which will be employed for designing and
constructing any wetland crossings, relocating stream
channels or for creating replacement wetlands;
4. Discuss the extent to which the project will result in loss,
degradation, or fragmentation of wildlife habitat (wetlands
and uplands);
5. Mitigation measures which will be employed to avoid,
minimize, rectify, reduce, or compensate for habitat value
losses associated with the project. These measures should
include plans for replacing unavoidable wetland losses;
6. Discuss the impacts of this project to the movement of
migrating and local avian species, especially federally
endangered species and migratory birds. The discussion
should include a comparison of alternative sites and
relative impacts to the alternatives;
7. A review of the literature and other information;
8. Include a list of document preparers that shows each
individual's professional background and qualifications;
The Service appreciates the opportunity to comment on these
projects. The Service looks forward to reviewing subseqent
documents, when additional project information is provided. If
there are any questions or comments, please call Kim Tripp at
f1.;V 1% .
(919) 783-4751 ext. 16.
Sincerely,
O,L'
K " C-),
Ken Graham
Acting Field Supervisor
FWS/R4:KTripp:KT:10/8/96:919/856-4520 ext. 16:A:\FCC.MBT
State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Parks & Recreation
WOO& Oda
James B. Hunt, Jr., Governor ED P H N F?
Jonathan B. Hewes, Secretary Dr. Philip K. McKnelly, Director
October 8, 1996 tc//C'
Ms. Tara Disy F(o ec
Kimley-Horn and Associates, Inc. A'w
P.O. Box 33068
Raleigh, NC 27636-3068
SUBJECT: Rare Species, High Quality Natural Communities, and
Significant Natural Areas in the Alligator Site Project Area,
Tyrell County, North Carolina
Dear Ms. Dist':
The North Carolina Natural Heritage Program does not have records
of known rare species or high quality natural communities occurring
at or within a 1/2-mile radius of the Alligator Project Site. To
our knowledge, this project area has not been systematically
inventoried and we cannot definitively state that rare species or
significant natural areas do not occur there.
We do, however, have record of a significant natural area occurring
about 0.2 mile south of the project site. This natural area is
referred to as Alligator Creek - Second Creek Swamp Forest, which
is considered to be of regional significance.
Enclosed is a list of rare species that are
Tyrell County. If suitable habitat for any of 1
in the project area, then those species may
project site. If it is necessary to be certain
not contain rare species, a field survey
conducted.
known to occur in
:hese species occurs
be present at the
that this site does
would need to be
Please contact me at the address below or call me at (919) 733-4181
if you have any questions or need further information.
Sincerely,
`? 1 ,'?
Inge Smith Terrill
Information Specialist
Natural Heritage Program
/ ist
Enclosures
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4181 FAX 919-715-3085
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Title:
Alligator Telecommunications Site
E_" Kimley-Horn I rrolect: Alligator
_ Proposed Telecommunication Tower Facility
And Associates, Inc. US Route 64 in Alligator, North Carolina
Date:
V
Page 1
Photo 1. View from Alligator tower site from edge of canal (looking south)
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Doug Charles
Prudential Insurance Co. of America
800 Boylston Street
Boston, MA 02199
Dear Mr. Charles:
ALT4
[D FE F1
August 1, 1997
Tyrrell County
WQC 401 Project #970620
You have our approval, in accordance with the attached conditions, to fill in 0.02 acres of wetlands or
waters for the purpose of telecommunications tower at the town of Alligator, as you described in your
application dated 9 July 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3103. This Certification allows you to use Nationwide Permit
Number 14 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 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 General Statutes 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
Beth Reed; Kimley Horn
Sincerely,
gonHuvard, Jr. P.E.
970620.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 post consumer paper
ENERAT_j CERTIFICATION FOR PROJECTS ELIG'
S OF ENGIN%ERS NATIONWIDE PERMIT NuYSZR
CROSSINGS)
-:,'s ener=- Ce--r z:fication iS issued in cor.:ormi ty with --•------- h the
r= 'i-= gents o.: Sec=ion 401, Public Laws 92-HO and SS-217 O-
U _t". States and subject to the NGrL.. Carolina D:v:Sion ofWat=
Quality =gulatiors in 15A NCAC 2:•, Section .0500 a.a ^.d 15A NCAC 2=
_ - •
V.. ?0 :or-t,-. _?? slhar?e of fill Mat,..rl to wa::ors and we-and Gz- :S
as described -in 33 C -F., 330 Appendix (C) (14) of -
the Corps o
(_ e., Nat_c..w_ a_: I 14).The catacv
cC=iJ___es s;aa:1 inc1L'de any I:11 act_ _ .V r ! C.
t - p'` Lor road crossing and ;s
- ? te^. to I1 ? =SS than cne-t..^.i rd of an acre. ^_'his Certifica-_C-
r= aces water Quality Certification N=Iber 2177 issued on Nove.-?= S
19C7, water QL'ality CertiCation Numl:er 2666 issued on January
1992 and Water QL'al itY Certification NL'.?.Der 2732 issued on Mav_ 1=
_CC2 .'his tvQC is rec`irde when - the C 0rpS O_r 7,4a-;n erS rea'
Nat _C .i.i^:e P°_^i.. 1S or when deemed; E=Cpriate by t _ D1r?CtOr
1' of the
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of Ncrt'^• ?ar.?.l _rla C ert____.. that the C?.e?_: ??•{
Cater ry c_~aC__ '___t T:._11 _^_CL v_Cl__= =0-1'_ca_^.__ port_Or_s of Sc"-
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We:=_rs Lader t-aiS General C=_ti:icatiora requires writs=
cc::c::rr=-_ce ?rcr.: the Divis_c.
-n f o_ Water Quality
2 . c.:dt.. c: the fill to the minimum ne_.. =?= _ =Cr
t^? acCross7.nC;
?'= = rOaO::a.I 'nT:Ot S.^., == nc iTtjn_m1zeC as much as pract_c a_le
a_- that no praczicable all=-:native exists
C . ::peS shall be i=lsta i led under the road in all serea--,s so as
tC Carry at leaCt the 25 Veal storm ever.- as outline* the
mcst re==nt edition of the "N;crt.? Carolina Z?'OS:On ar?
Cc-trO? • Planning a ::C_' Des_cra Manua? or "Nora`
Caron Ana Surface Mining Ma..T.:al" in
order not to impe--= ow
P4Pes shall be placed at or I-elow th elevation ol.
the
styea=ed s. as not to impe = aquatic li-- movement;
5. That approp:-ate sediment a._^.d erosion control practices
which ecsal or exceed those outlined in the 'North Carolina
Erosion and Sediment Control Planning and Design Manual• Or
"North Carolina Surface Mining Manual" (available from. the
Division of Land Resources in the DE-NR Regional and Cen txal
offices) are utilized to pr=dent excesdancec of the
aTpropr_cte turbidity water giality standard (50 NTUs in
streams and rivers not designated as trout waters by DWQ; 25
NT-is in all saltwater classes, and all lakes and reservoirs;
and 10 N:'Us in trout waters);
o'. nil sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restcr=d
a=-er the Division of Land Resources has released the
protect;
7. Measures shall be taken to prevent live or fresh concrete
from coning into contact Wit waters of the state until the
concrete has hardened;
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Doug Charles
Prudential Insurance Co. of America
800 Boylston Street
Boston, MA 02199
Dear Mr. Charles:
LT"WYWA
E:) FE F1
August 1, 1997
Tyrrell County
WQC 401 Project #970620
You have our approval, in accordance with the attached conditions, to fill in 0.02 acres of wetlands or
waters for the purpose of telecommunications tower at the town of Alligator, as you described in your
application dated 9 July 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3103. This Certification allows you to use Nationwide Permit
Number 14 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 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 General Statutes 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
Beth Reed, Kimley Hom
Sincerely,
Pn-2-'ward, Jr. P.E.
970620.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
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