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:
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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
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FAX NUMBER:
FROM: C7,nd; e (j.
PHONE.
NO. OF PAGES INCLUDING THIS SHEET: S
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If you receive this fax by mistake call: ESB (919) 733-9960 or Wetlands (919) 733-1786.
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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
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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
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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
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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
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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.
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QUADRANGLE LOCATION NORTHWEST GOLDSBORO, N. C.
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