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HomeMy WebLinkAbout19990593 Ver 1_Complete File_19990607DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGI Washington Regulatory Field OffiS P.O. Box 1000 ?? Washington, North Carolina 27889-1 IN REPLY REFER TO November 23, 1999 Regulatory Division Action ID No. 199910878 n City of Goldsboro Post Office Drawer A Attention: Mr. Terry Gallimore, City Engineer Goldsboro, North Carolina 27533-9701 Dear Mr. Gallimore: L9 `g7 `?Fvvo ao?_y? rv On May 5, 1999 we received the City of Goldsboro application for Department'of the Army(DA) authorization to install culvert pipes within approximately 2,700 linear feet of an unnamed, channelized tributary of the Little River located east of U.S. Highway 117 and bounded by Ash Street, Holly Street, and Carolina Street in Goldsboro, Wayne County, North Carolina. This activity would result in the filling of approximately 1.08 acres of waters of the United States. Through coordination with John Dorney, North Carolina Division of Water Quality, we have learned that you have not furnished information necessary for them to complete the processing of their required authorization. You should immediately provide the requested information as Federal authorization is dependent upon your meeting their requirements. Please notify us of your intentions within 10 days of your receipt of this letter. If we do not hear from you, we will assume that you are not interested in pursuing Federal authorization at this time, and your application will be retired. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Bill Biddlecome, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616 ext 27. Sincerely, "- W, IVY David M. Lekson, P.W.S. Regulatory Field Office Manager Copies Furnished: M John Dorney vision of water Quality ,Environmental Sciences Branch And Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 CERTIFIED MAIL-RETURN RECEIPT REQUESTED State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director A199MA, D E N R Division of Water Quality Environmental Sciences Branch & Wetlands/401 Unit Location: 4401 Reedy Creek Road Raleigh, N.C. 27607 Mailing Address: 1621 Mail Service Center Raleigh, N.C. 27699 FAX: (919) 733-9959 FAX TO: I C FAX NUMBER: FROM: C7,nd; e (j. PHONE. NO. OF PAGES INCLUDING THIS SHEET: S j3;1( cc, Y7 of -f G e /c?,-9 yJ If you receive this fax by mistake call: ESB (919) 733-9960 or Wetlands (919) 733-1786. f w 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 Terry Gallimore City Engineer City of Goldsboro PO Drawer A Goldsboro, NC 27533-9701 Dear Mr. Gallimore: Re: 401 Water Quality Certification Wayne County DWQ # 990593 COE # 199910878 17k?W'A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 8, 1999 On June 7, 1999, DWQ was copied with a Public Notice requesting a 401 Water Quality Certification for your project to fill in 2700 linear feet of streams for flood control at Ash, Holly and Carolina Streets in Wayne County. We believe that this project will require review by the State Clearinghouse under the State Environmental Policy Act (SEPA). In accordance with NCAC:01C.0402, DWQ cannot issue the 401 Certification until the project has received a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) for DWQ and EA/EIS has been circulated through the State Clearinghouse. Therefore, I must hereby place this project on indefinite hold until the State Clearinghouse advises DWQ that the SEPA review requirements have been met. We will continue to review the project and make you aware of any concerns through the SEPA review. Please contact Gloria Putnam, the DWQ SEPA Coordinator, to discuss the SEPA review procedures. Ms. Putnam may be reached at 919-733-5083, ext. 567. When the NEPA/SEPA process is complete, we recommend that you notify us so we can reactivate the project. In addition, by copy of this letter, I am also notifying the US Army Corps of Engineers that this project should be placed on hold on. Please contact Ms. Gloria Putnam for information regarding the SEPA process. Finally a variance from the NC Environmental Management Commission would be required in order to be in compliance with the Neuse River Buffer rules. Please contact Pete Colwell of my staff in this regard. If you believe that this decision was made in error, please call me at 919-733-9646 to discuss this matter. Sincerely, G? John R. Dome , Division of Water Quality • Environmental Sciences Branch Enviro. 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 Cc: Washington DWQ Regional Office US Army corps of Engineers Wilmington District Office John Dorney Central Files Gloria Putnam Washington Field Office US ACOE Pete Colwell 990593.nocert Memo To: John Domey lmwxx? 4?1 a NCDENFZ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Non-Discharge Branch, 401 Unit Through: Jim Mulligan 9/S 111 Water Quality pWaRO r L? From: Brad Shaver ' fu- X2/97 Environmental Specialist II, WaRO y Nd, t '" All Date: August 2, 1999 uh. Re: 401 Denial, City of Goldsboro, Wayne County, Project # 99-0593 This office recommends denial for the City of Goldsboro's request to pipe 2,700 feet of perennial stream east of Hwy. 117. The Region recommends denial based on loss of use, violation of the Neuse River Buffer Rules, and no minimization or mitigation plan. The stream in question has excellent buffering potential as well as a thriving fauna and flora community. The applicant submitted this request partly based on erosion and safety concerns which can be addressed with other alternatives. Pete Colwell from the Central Office was on-site July 29, 1999 and conferred with the Regional Staff concerning the recommendation of denial. If there are any questions, please contact me at 252-946-6481. cc. WaRO Deborah Sawyer 943 Washington Square Mall, Washington, North Carolina 27889 Telephone (252) 946.6481 FAX (252) 946-9215 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper MtmurwlvuuM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WQ Supervisor: Jim Mulligan Date: SUB CT: LAND STAFF REPORT AND RECOMMENDATIONS n'?n Facility Name C" 7 f Goldsboro East. of US 117 County Wayne Project Numbq 9 0593 ' County2 R .. r U Region Washington Rece ate 6/7/ , Recvd By Region 6/21/99 Proj t pe Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland' Wetland - Stream Class Acres Feet ME Type Type Impact Score Index Prim. Supp. Basin Req. Req. Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? (1) Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? (0 Y 0 N Is Mitigation required? Y 0 N Recommendation: 0 Issue 0 Issue/fond vr" riy Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: cc: Regional Office Page Number 1 Central Office 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 June 17, 1999 City of Goldsboro Post Office Drawer A Goldsboro, NC, 27533-9701 Attention: Mr. Terry Gallimore City Engineer ' 11k,!WAA if 40 0 blow& NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application for 401 Water Quality Certification by City of Goldsboro, fill in 2,700 linear feet of stream adjacent to US 117, Wayne County DWQ # 990593 On June 7, 1999, the N.C. Division of Water Quality (DWQ) received the Corps of Engineers' Public Notice (dated May 20, 1999) for your proposed project. An Individual 401 Water Quality Certification to be issued by DWQ is also required for this work. The Division will begin to review the project for eventual decision; however, please be aware that you are required to submit seven copies of your application to: North Carolina Division of Water Quality 401/Wetlands Unit 4401 Reedy Creek Road Raleigh, NC, 27606 Attn: Mr. John Domey Also, beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee of $475.00 for this project. The 401 Certification cannot be issued until this fee is paid. Until we receive seven copies of your application along with the necessary fee, your project will remain on hold as incomplete. Please call Cyndi Bell at 919-733-1786 if you have any questions. Sin Jo R. o ey cc: Central Files Washington DWQ Regional Office Washington Field Office US Army Corps of Engineers Cyndi Bell Wetland File 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 20, 1999 Regulatory Division Action ID No. 199910878 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources Wetlands and Aquatic Plants 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: The City of Goldsboro, Post Office Drawer A, Attn: Mr. Terry Gallimore, City Engineer, Goldsboro, North Carolina 27533-9701, has applied for a Department of the Army (DA) permit and a State Water Quality Certification to install culvert pipes within approximately 2,700 linear feet of an unnamed, channelized tributary of the Little River, filling approximately 1.08 acres of waters of the United States. The project is located east of U.S. Highway 117 bounded by Ash Street, Holly Street, and Carolina Street in Goldsboro, Wayne County, North Carolina. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. Please be advised that we are proceeding with a 30 day public notice process. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by July 21, 1999, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Bill Biddlecome of the Washington Regulatory Field Office, telephone (252) 975-1616, extension 27. Sincerely, David M. Lekson, P.W.S. Regulatory Field Office Manager Copy Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Division of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ID No. 199910878 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 May 20, 1999 PUBLIC NOTICE THE CITY OF GOLDSBORO, Post Office Drawer A, Attn: Mr. Terry Gallimore, City Engineer, Goldsboro, North Carolina 27533-9701 has applied for a Department of the Army (DA) permit pursuant to Section 404 of the Clean Water Act TO INSTALL CULVERT PIPES WITHIN APPROXIMATELY 2,700 LINEAR FEET OF AN UNNAMED, CHANNELIZED TRIBUTARY OF THE LITTLE RIVER, FILLING APPROXIMATLEY 1.08 ACRES OF WATERS OF THE UNITED STATES. THE PROJECT IS LOCATED EAST OF U.S. HIGHWAY 117 BOUNDED BY ASH STREET, HOLLY STREET, AND CAROLINA STREET IN GOLDSBORO, WAYNE COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and made from onsite inspections undertaken by a representative of United States Army Corps of Engineers. The purpose of this project is to enclose an existing open channel that conveys stormwater through a residential housing development identified as West Haven Apartments. The existing open channel is a health and safety hazard for the residents of the area. The channel contains garbage and other debris that has accumulated over time. The stream channel to be piped is approximately 2700 feet long by an average of 17 feet wide. A total of 1.08 acres of stream will be filled by this activity. The stream has been altered through past channelization and is surrounded by roads and the West Haven Apartment complex. No wetlands will be filled by the piping of the stream, only waters of the United States will be impacted. There is no compensatory mitigation proposed by the applicant for this project. Plans showing the work are included with this public notice The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required state authorization. A DA permit will not be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Water Quality (NCDWQ) has determined the applicability of a Water Quality Certification as required by PL 92-500. -2- This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person 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 wbrksite is not a registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes 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 which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with 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 by such permit 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 determines that it would be contrary to the public interest. -3- The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine 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 determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Water Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, on or before June 11, 1999, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Bill Biddlecome, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m., on or before June 21, 1997, or telephone (919)975-1616, extension 27. ATTACHMENT NO. 1 The City proposes to install reinforced concrete storm drainage pipe of various sizes with related drop inlets and appurtenances within an existing open channel. An 8-inch stone bedding will be installed for the foundation of the pipe. Select soil backfill material imported from off-site will be placed around and over the pipe to completely enclose the open channel. The materials required for this project are estimated as follows: 350 ft. of 24-inch reinforced concrete pipe, 1600 ft. of 48-inch reinforced concrete pipe, 750 ft. of 60-inch reinforced concrete pipe, and 15 drop inlets. No discharge of dredged or fill material is involved. 0 rn M N i M lal Q O N LL- O N w w R J J ? Y U Q t? O +I z w o w 0 O II- p m ?a o mNzzo z5ui LLJ LLJOmo zazwit :. a->-? L) r o¢ J z w m U Q ??0? Q O •:: H U N2Owz z o o i p?? D ern a MOM v +I wLJ? p30 a I. N .e I_ O o ¢ I ;;;; X U Z QL I•.;; d LLJ I_ w z lJ J I o I' . tii m -I I I i PtoJe J A/eq 1 MILE 171 GENOA 3.8 Ml. 772^ E. 78" 001 ROAD CLASSIFICATION .a, OG ?y F 09 o? Primary highway, Light-duty road, hard or hard surface.----_..._.,__ improved surface. ....-.. Secondary highway, hard surface..-__- Unimproved road..._.__====== ?j Interstate Route 0 U. S. Route. 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