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HomeMy WebLinkAbout19990345 Ver 1_COMPLETE FILE_19990401State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director FAA NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 28,1999 Stanley County DWQ Project # 990345 APPROVAL of 401 Water Quality Certification Mr. Raymond Allen City Manager City Of Albermarle PO Box 190 Albemarle NC 28002 Dear Mr. Allen: You have our approval, in accordance with the attached conditions, to place fill material in 165 feet of streams for the purpose of constructing a road crossing at the Albermarle Solid Waste Landfill Facility, as you described in your application dated 12 April, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3102. This Certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. 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 send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General 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 Domey at 919::733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Mr. John Domey Central Files Sincerely, Stevens 990345.1tr 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/10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Raymond Allen P.O. Box 190 Albemarle, NC, 28002 Dear Mr. Allen: 1 ? • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 1, 1999 PAYMENT APR lass RECEIVED Received City Manager's Office j On April 1, 1999 the Division of Water Quality received your request for a 401 Certification for the City of Albemarle Solid Waste Landfill Facility in Stanly County. Your application is being returned since no payment was received with the application. In order for DWQ to review and process your request, you must send a check in the amount of $475 made payable to the N.C. Division of Water Quality. If you have any questions, please call John Dorney at 919-733-1786. i e Jo n R. orney ?O ya A ?. Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : #14 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: i nrn-rrcUrfl n rMlnXr -rte 'rur nnRPS OF ENGINEERS N 401 CERTIFICATION NC DIVISION OF COASTAL MANAGEMENT . OF THIS COMPLETED FORM TO THE APPROPRIATE 4GINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) V.C. DIVISION OF ENVIRONMENTAL MANAGEMENT PLEASE PRINT. ALBEMARLE )X 190 SUBDIVISION NAME: STATE: N.C. ZIP CODE: 28002 INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM ,LBEMARLE SOLID WASTE LANDFILL FACILITY .P ROAD ALBEMARLE, NC 28002 (WORK): (704) 982-0131 E OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, )ND I. ALLEN. CITY MANAGER IX 190 4ARLE, NC 28002 A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC Y WITH SCALE): NEAREST TOWN OR CITY: ALBEMARLE 1 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): OFF OF SR 1720 AT THE EXISTING LANDFILL FACILITY, SOUTH OF THE CITY OF ALBEMARLE 6. IMPACTED OR NEAREST STREAM/RIVER: JACOB'S CREEK RIVER BASIN: PEE DEE RIVER 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II) ? YES [ ] NO [ X ] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [ X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ X ] NO [ ] IF YES, PROVIDE ACTION ID NUMBER OF THE PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): ACTION ID # 199604056 (COPY ENCLOSED) 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [ X ] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON THE PROJECT SITE: 7.0 ACRES OF WETLANDS AS INDICATED ON PREVIOUS 401 CERTIFICATION 2 10a. NUMBER OF ACRES OF WETLANDS RAPACTED BY THE PROPOSED PROJECT BY: FILLING: NONE EXCAVATION: NONE FLOODING: NONE OTHER: NONE DRAINAGE: NONE TOTAL ACRES TO BE IMPACTED: NONE 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: 165 FT. AFTER: 142 FT. WIDTH BEFORE: (BASED ON NORMAL HIGH WATER CONTOURS): FT. WIDTH AFTER: AVERAGE DEPTH BEFORE: FT. AFTER: FT. (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF THE PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACHE PLANS: 8 'h" x 11" DRAWINGS ONLY): THE PROJECT INCLUDES THE CONSTRUCTION OF AN ACCESS ROAD WITH DIVERSION DITCHES INSTALLATION OF CULVERTS AND DIVERSION BERMS, BY THE USE OF EARTH MOVING EQUIPMENT. 13. PURPOSE OF PROPOSED WORK: TO CONSTRUCT AN ACCESS ROAD TO THE NEWLY CONSTRUCTED SOLID WASTE LANDFILL FACILITY 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): THE PROJECT IS NOT LOCATED IN WETLANDS 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGUARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: RECEIVED LETTER DATED FEBRUARY 1, 1996, FROM DENR (ATTACH RESPONSES FROM THESE AGENCIES). YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESS SHEET) REGUARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: RECEIVED LETTER DATED APRIL 29, 1996, FROM NC DEPT. CULTURAL RESOURCES 16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ X ] NO [ ] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [ X ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? IF ANSWER TO 17b. IS YES, THEN SUBMIT THE APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGUARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGUARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEAMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY THE PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? f., IF APPLICABLE, WHAT IS THE PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)} 3 30 49 DATE 5 •, s O ?/i ? 4 C f O ^? ti f J ?? / ? ^ R \ v s ? y ? / O t V a0 PROPERTY LINE J •: R Q A Ole . ? ? / ,• , o ? o • • .? n ?(ll PROPOSED ACCESS ROAD V s :y PREVIOUSLY PERMITED:: - WETLANDS DISTURBA /! ????/ NCE i u? ? . O % NEWLY CONSTRUCTED LAN N DFILL \ a n l? ? 1 USGS QUADRANGLE - ? ,. , • MORR OW MOU NTAIN, NC SCAL E: 1" = 20 00' r YNxwo Ruiom Nvw 7oWNO N0 37JVYG Y d0 /0 71WO NV7 31SVM awe 7Yd0Nw o r avow 88330V 3 uvoom 300' eUFFERZONE- - "oo ??'11'•?. ?? 9 h, _ ? as \ 1 1 I ?Pr / - ? i ' State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Ja mes& Hunt, J r., Governor Jonathan B. Flowes, Secretary A. Preston Flow ard, Jr., P.E., Director U•-?y : t<),9- 04; e. /?• [D FH July 18, 1996 Stanly County DWQ Project # 9604 APPROVAL of 401 Water Quality Certification and ADDITI0 Mr. Raymond Allen, City Manager `, City of Albemarle t U03 F; o., Albemarle, NC 28002-0190 ? P.O. Box 190 (40't7lcts Dear Mr. Allen: C ONKPP?? ¦ JUL 1996 Received r lc ?' w of / 9 LLOL?? You have our approval to place fill material in 2.0 acres of wetlands or wafers for the purpose of expanding an existing landfill at the existing lvidtill off of SR 172(1, as you described in your application dated 18 May 1996. After reviewing your application, we have decided that this fill is covered by (.icner -1 Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Nwnhcr 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you descrihed in your application. ll' you change your project, you must notify us and you may be required to send its a new application. For this approval to be valid, you must 1i111ow the conditions listed in the allached certification. A wetland mitigation plan shall be developed by the applicant and suhmitfed to DWQ bel'ore wetland fill occurs.. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this cellilication, you may ask for an ad.judicatory hcauin?! You must act within 60 days of the date that you receive this letter. 'I'o ask for a hearing, send a written petition which conforms uo Chapter 150B of the North Carolina General Statutes to die Office of Administrative Hearings, P.O. Box 27447, Raleii-h. N.C. 27611-7447. This ccrtification and its cunditiun> are final and binding unless you ask fora heaving. This letter completes the review of the Division of Water Quality under Scclion 401 01 the CIcon \Valcr Act. If you have any questions, plea .se telephone.f0hn NI-11ey at 1) 19-733-17M. re ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Mr. John Dorney Central Files Steve Kroeger, DWQ 900484. h r Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 4 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper 10 `GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 26 (HEADWATERS AND 'ISOLATED WETLANDS) This General Certification is issued in conformity with the reccruirements•of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Envi- ronmental Management Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate- rial to navigable waters and adjacent wetland areas which are above the headwaters or .to wetland areas that are not a part o= the surface tributary system to interstate waters or navigable waters of the Unite` States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) ( 26) " of the Corps of Engi- neers•regulations (i.e., Nationwide Permit No. 26). The catecory of activities shall include anv fill activity in these headwaters and isolated wetland and water areas where the activity results in the loss or substantial modification of not more than 10 acres of waters of the United States, including wetlands. This. Certif ication replaces Water Quality Certification Number 217 c issued on-November 1987. The State -of North Carolina certifies that the specified category of activit- will not violate Sections 3C_, 302, 303, 30E and 307 of the Pub!--- Laws 92-500 and 95-217 it conducted in accordance with the conditions. hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of greater t an one-third o= an acre of such waters , i 11c ± udinc wetlanciz , reQUires a -itten concurrence. from the -_vision of r ronmental Management. 2. Proposed fi-1 or substantial modifi.catio- of equal to or less than one-third of an acre of such waters, including wetlands, does not require written concu==ence from the Division of Environmental Management. 3. Proposed fill o= greater than one acre, in SA, trout, HQV, ORW, WS-1 and WS-II watersheds requires public notice and an individual 401 Certification from the Divi- sion of Environmental Management; That established sediment and erosion control practices are utilized to prevent violations of the appropriate turbidity water cualit_,- standard (50 NTUs in'streams and rivers not designated as trout waters by DEM; 2S NTUs in all saltwater classes, and all lakes and reservoirs; 20 NTUs in trc-.-t waters) ; 5. That additional site-specific conditions may be added to projects with greater than one-third of an ac=e impact which are proposed under this Certification in orderzo ensure compliance with all applicable water quality c effluent standards; 6. Measures shall be taker to prevent live er fresh concrete from coming into contact with waters of the state until the concrete has hardened. 7. Concurrence from DCM this Qertificat:i.nn ?np1ies to -tn i ndivi-dual- project shall e?pire three years from tl,(. ai_c U.S. ARMY CORPS OF ENGINEE WILMINGTON DISTRICT Action Id. 199604056 JUN 191996 sCES CO(>ii4Nt County Stanly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner City of Albemarle -- Address P.O. Box 190 Albemarle, NC 28002-0190 Telephone No Size and Location of project (water body, road name/number, town, etc.) Off of SR 1720 at the existing landfill facility, south of Albemarle. Description of Activity Impact approx. 2.0 acres of headwater wetlands and pond in an unnamed trib. to Jacobs Creek. Purpose = to facilitate the construction of a lined municipal solid waste landfill at the existing facility. Applicable Law: Yx-_Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. 26 Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 6/17/96 Corps Regulatory Official Steve Chapin Expiration Date of Verification 1/21/97 Telephone No. (704) 271-4014 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST NATIONWIDE PERMIT #26 CONDITIONS NATIONWIDE CONDITIONS a. The discharge does not cause the loss of more than 10 acres of waters of the U.S. For the purpose of this nationwide permit, the acreage loss of waters of the U.S. includes the filled area plus waters of the U.S. that are adversely affected by flooding, excavation, or drainage as a result of the project. .b. A 30-day notification to the District Engineer (DE) is required if the discharge would cause the loss of water to the U.S. greater than one acre. For discharges in special aquatic sites, including wetlands, the notification must include a delineation of affected special aquatic sites including wetlands. C. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. GENERAL CERTIb-ICATION CONDITIONS a. General Certification is denied for fills greater than one acre in SA, trout, HQW, ORW, VS-1 and WS-II watersheds. General certification is issued for all other waters for fills of not more than 10 acres and in those watersheds specified above for fills of not more than one acres. b. Proposed fill or substantial modification of greater than one- third of an acre of such waters, including wetlands, requires a written, concurrence from the North Carolina Division of Environmental Management MODEM). c. Established sediment and erosion control practices will :.be :.:.. utilized to prevent violations of the appropriate turbidity water-.quality standard (50 NMI s. in streams and rivers not•designated as: trout: waters by the North Carolina. Division of Environmental .Management ., (NCDEM) , .25 NTU' s 'In ..all saltwater. classes and all lakes and reservoirs, 10 NTU's in trout-.-.waters).; d._ Measures will be taken to.prevent'live or fresh.concrete from coming into contact with waters of the State until the concrete has hardened. e. Additional site-specific conditions may be added to this 'Certification in order to ensure compliance with all applicable water quality and effluent standards. f. Concurrence from the North Carolina Division of Environmental Management (NCDEM) that this Certification applies to an individual project shall expire three years from the date of the cover letter from the NCDEM. RECCiv?iU MAY 1 1996 V1.w N•?,. ZI crs North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary April 29, 1996 Daniel F. Cassedy Branch Manager/Assistant Garrow & Associates, Inc. 417 North Boylan Avenue Raleigh, NC 27603 Vice President Re: Archaeological survey report, "Phase I Cultural Resources Survey of a Subtitle D Landfill Site, City of Albemarle, Stanly County, North Carolina," ER 96-8686 Dear Dr. Cassedy: Division of Archives and History Jeffrey J. Crow, Director Thank you for your letter of March 29, 1996, transmitting the archaeological survey report by Garrow and Associates, Inc., concerning the above project. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the following property is eligible for the National Register of Historic Places under the criterion cited: 31 ST162, Criterion D. This early nineteenth century mill site may yield information concerning the nature, function, and significance of mills to rural life in Stanly County during the first half of the nineteenth century. We concur with your recommendation to preserve this site through including it in a vegetative buffer zone. The buffer zone should be permanently marked and land disturbing activities prohibited from occurring within it. A sufficient area of space should be included in the buffer zone to prevent unintentional encroachment within the protected area during landfill construction. Given the stone foundations and raceways documented at the site, we strongly recommend measures be taken to prohibit further damage or destruction of the archaeological elements of this site. Cooperation with the Stanly County Historical Society or the LandTrust of North Carolina may also be considered. The report meets our office's guidelines and those of the Secretary of the Interior. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. 109 East Jones Street . Raleigh, North Carolina 27601-2807 Q3a Daniel F. Cassedy - April 29, 1996, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, -David Brook Deputy State Historic Preservation Officer DB:slw cc: Charles Seymour Municipal Engineering Services Co. P.O. Box 97 Garner, NC 27529 State of North Carolina Department of Environment, Health and Natural Resources Division of Parks & Recreation James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Dr. Philip K. McKnelly, Director February 1, 1996 Mr. William Nethery Garrow & Associates, Inc. 3772 Pleas•antdale Road, Suite 200 Atlanta, GA 30340-4214 A4;IJ 0;0 DEHNR SUBJECT: Rare Species, High Quality Natural Communities, and Significant Natural Areas in the Proposed Albemarle Landfill Project Area, Stanly County, North Carolina Dear Mr. Nethery: The North Carolina Natural Heritage Program does not have records of known rare species, high quality natural communities, or significant natural areas occurring at or within a 1-mile radius of the proposed Albemarle landfill 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. Enclosed is a list of rare species that are Stanly County. If suitable habitat for any of 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) 733-7701 if you have any questions or need further information. Sincerely, r' Inge Smith Information Specialist Natural Heritage Program /iks Enclosures D FEB ?- 1996 GARR0\ & ASSOC. , ?- ATLAt'ttA. GA P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-4181 FAX 919-715-3085 NATURAL HERITAGE ELEMENTS AND SPECIES STATUS CODES The attached output from the N.C. Natural Heritage Program database is a listing of the elements (rare species, geologic features, natural communities, and special animal habitats) known to occur in your geographic area of interest. The information on this printout is compiled from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. The database is dynamic, with new records being added and old records being revised as we receive new information. The enclosed list cannot be considered a definitive record of natural heritage elements, and it should not be considered a substitute for field surveys. When this information is used in any document, we request that the printout date be given and that the Natural Heritage Program be credited. This cover sheet explains the four columns of status codes that are given on the right-hand side of the printout. STATE PROTECTION CODE STATUS CODE STATUS Endangered SR Significantly Rare T Threatened V Vulnerable SC Special Concern UNK Undetermined C Candidate EX Extirpated P_ Proposed (E, T, or C) Plant statuses are determined by the Plant Conservation Program (N.C. Dept. of Agriculture) and the Natural Heritage Program (N.C. Dept.. of Environment, Health, and Natural Resources). E, T, and SC species are protected by state law (the Plant Protection and Conservation Act, 1979); C and SR designations indicate rarity and the need for population monitoring and conservation action, as determined by the Plant Conservation and Natural Heritage Programs. Animal statuses that indicate state protection (E, T, and SC) are published in "Endangered Wildlife of North Carolina", March 16, 1992, N.C. Nongame and Endangered Wildlife Program. The Significantly Rare, Undetermined, Vulnerable and Extirpated statuses are (for the most part) Natural Heritage Program designations. They indicate rarity and the need for population monitoring and conservation action. FEDERAL PROTECTION The current federal status is listed in "Endangered and Threatened Wildlife and Plants, July 15, 1991 (50 CFR 17.11 & 17.12, Department of the Interior). Definitions are taken from the Endangered Species Act of 1973, as amended through the 100th Congress (1988), and the Federal Register, Part VIII, November 21, 1991 (50 CFR 17, Department of the Interior). CODE STATUS DEFINITION E Endangered A taxon which "is in danger of extinction throughout all or a significant portion of its range" T Threatened A taxon "which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range" ? Proposed A taxon which has been proposed for official listing as endangered or threatened L Listed A taxon which has been officially listed as endangered or threatened Cl Category 1 A taxon which is under consideration, and for ("Candidate 1") which there is sufficient information to support listing SCIENTIFIC AND STATE FED. STATE GLOBAL COMMON NAME PROT. PROT. RANK RANK` '** Stanly Vertebrates ETHEOSTOMA COLLIS SC - S3 G3 CAROLINA DARTER HALIAEETUS LEUCOCEPHALUS E LE SIB,S2 G4 BALD EAGLE LANIUS LUDOVICIANUS LUDOVICIANUS Sc 3C S3B,S3 G4G5T4 LOGGERHEAD SHRIKE ** Invertebrates STROPHITUS UNDULATUS T - SIS2 G5 SQUAWFOOT VILLOSA CONSTRICTA SR - S2S3 G4 NOTCHED RAINBOW VILLOSA DELUMBIS SR - S3? G3G4 EASTERN CREEKSHELL VILLOSA VAUGHA,\TIANA SC - Si G3 CAROLINA CREEKSHELL ** Vascular plants AMORPHA SCHWERINII SR - S3 G3 PIEDMONT INDIGO-BUSH ANEMONE BERLANDIERI C - Si G3G4 SOUTHERN ANEMONE ARABIS MISSOURIENSIS C - Si G4G5 MISSOURI ROCKCRESS ASTER GEORGIANUS C C2 S2 G2G3 GEORGIA ASTER ASTER LAEVIS VAR CONCINNUS C - S2 G5T4 NARROW-LEAVED ASTER ASTER MIRABILIS C - S2 G2G3 PIEDMONT ASTER BAPTISIA ALBA SR - S2 G4? THICK-POD WHITE WILD INDIGO BAPTISIA ALBESCENS SR - S2 G4 THIN-POD WHITE WILD INDIGO BAPTISIA MINOR C/PT - S2 G4 PRAIRIE BLUE WILD INDIGO DODECATHEON MEADIA VAR MEADIA SR - S2 G5 T 5 EASTERN SHOOTING STAR FOTHERGILLA MAJOR C - S2 G3 LARGE WITCH-ALDER HELIANTHUS LAEVIGATUS SR - S2 G=. SMOOTH SUNFLOWER HELIANTHUS SCHWEINITZII E LE S2 G 2 SCHWEINITZ'S SUNFLOWER HEXALECTRIS SPICATA SR - S2 G4? CRESTED CORALROOT LILIUM CANADENSE SSP EDITORUM C - Si G5 T4? RED CANADA LILY LOTUS HELLERI C C2 S3 G3 CAROLINA BIRDFOOT-TREFOIL MATELEA DECIPIENS SR - S2 G5 GLADE ?\IILKVINE NC NATURAL HERITAGE PROGR .M, NC DIVISION OF PARKS AND RECREATION JliNE 1995 SCIENTIFIC AND STATE FED. STATE GLOBAL COMMON NAME PROT. PROT. RANK RANK. ' NESTRONIA UMBELLULA SR 3C S3 G3G4 NESTRONIA ; PELLAEA WRIGHTIANA E-SC - S1 GS WRIGHT'S CLIFF-BRAKE QUERCUS PRINOIDES C - SH GS DWARF CHINQUAPIN OAK SOLIDAGO PLUMOSA C/PE C2* S1 G1 YADKIN RIVER GOLDENROD SOLIDAGO RADULA C - S1 G5? WESTERN ROUGH GOLDENROD VERBENA RIPARIA C C2* SH GH RIVERBANK VERVAIN ** Natural communities BASIC OAK-HICKORY FOREST - - S3 G4 DRY-MESIC OAK-HICKORY FOREST - - S5 65 MESIC MIXED HARDWOOD FOREST (PIEDMONT SUBTYPE) - - S4 G5TS PIEDMONT MAFIC CLIFF - - S1 GIG2 PIEDMONT MONADNOCK FOREST - - S4 GS PIEDMONT/COASTAL PLAIN HEATH BLUFF - - S3 G4? PIEDMONT/LOW MOUNTAIN ALLUVIAL FOREST - - S5 G5 UPLAND DEPRESSION SWAMP FOREST - - S2 G3 XERIC HARDPAN FOREST - - S3 G3G4 NC NATURAL HERITAGE PROGR:Uf, NC DIVISION OF PARKS AND RFCRFATM, 17 -.",- 10-7 7702701392 GARROW & ASSOC. ATL 721 P02 REMISED APRIL 19, 1994 ittsaly County Said ?eagle iHaxa@oW ISu¢ocep118WO - E ants SChWVWW Sunflower W Andxrs soh ' ! - E MAR 11'96 11:5? There are aDsdes whlch, although not now listed or otficWy proposed for listing as endangered or threatened, we under stetvs review by the Serv',cs. There "Candidate(C1 and C2) species are not legally prot&ted tinder the Act. and are not subject to any of its provisions, including, S_action 7, until they we formally proposed or listed as threatened or endangered. We are providing the below dst of Car4date spades which may occur vrkhin the project area for the purpose of giving you advance notification. These species may be fisted In the future, at whkh time they will be protected under the Act. In the meantime, we would appredata anything you might do for them. plants staternut (.lualarta clogra 11- C2 Georgia aster (IBC us? - C2 Haller's trefoll fLotut i s var, hell - C2' no cermmn name M012 i1QAW - C2 Yadkin River gotdenrdd (5 alidsao. clum93a1 - C2 OPTXWAL "M 9s (7-9M FAX TRANSMITTAL ftx? NON 7$40-01417_7W 64sN_rat c! 'Indicates no spadmen in at least 20 years from this COUnty. rarVVft ? Etu>_ SCWW' CB noWN+SrRATION cTt ? t'!