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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 f?,_ per's Sign Agent ( yL O t ?G7cZ-O?l? C? t grz 06 y y. _ 1229 64 Alligator Si John- - _ - - - - = - - _?- "` ?-±` - - -st4 Oh -- r- - '? - - x3 - - ?4 u' BM - x2 - ALLIGATOR SITE 13 =? 360' COMMUNICATIONS COMPANY UNITED SATES ECH181T GE0L0GiCA1L SURVEY MAP ia}'lonl>tedAd?JnG FORT LANDING QUAD 1X7?01? '11[ COCD1? Y M l?O? 1 smom i 7C? QW /Q K faNC p"m me 0= fm 101 T as 010A? mm 1 NO ?a SIB nmaim= a . TpQDan1aq l tM sll 1w aco AiC1OIQl7D/ ?Y1?a0v K+ 'ILC"=JM Aft==X K SOL X WWf1PMM'Q Q%V6.0W AM AWOMM .a " mm A W ? W J Q U ® O F- O Z NCSR 1229 ? Q CD Q L w w O U CL Q z U Fw_-- N U Z CLOD 0 -a UXLL. 00 V) a o p O w LL. U J Z Q =)(nx 2 0: (n OO OO Z U Q J • UQ ?JZ M Q W 0 M E 4 • f M • 'J (i9 QpN) 'N --14U s i' l r i r ? ?J ++1 ? / ? CWC F f ( H y j/ 1 f ??/ 7 M a 'C.) c N / i = va HI 1 ? JI / f / o ? { zz- t S?sc _N ;fl ??t 1 ? I W L, W O 2 W N Z g a w V) LL, } Z U <OLLI O?Q (nnaO z a. OZ)O U QNU Z W Q D(1) I= 0Oz UQ J • o Q ?JZ M Q W Cl D d E S2 • yv, - - 1J: LO (a-VIV J1V NUro JI71 1Vt,. -.?? «- .- 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? 9 N O 7 ? RCH 5 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) o uj, l? J ? ?-C O V i C co c m w to t4 O U U C = N N 0---a E N ? O O C Lx CC .?? C?N cz cod ? -o -0 .; - ?'mcuc? ?c)YwCC s-ate a) Z:Eov.cr LT, r IT, iZ LL i0 i? H ?Q5 Q , 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 , - 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"- .__C_.s -, , -0E and X1:7 C_ : the Taws 02-500 and 95-21: --- a^_C^.r-iC= :`v---- = CCn---- z=z her=- ---- .cr set- J_forr- Ccnd:t:C?- v: Cer .tlC. 1. =rC^CSc :ill Cr substa-a_L= iROd_:_CatiOn of wetland- Cr 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 An Equal Opportunity Affirmative Action Employer • 50% recycled/100% post consumer paper