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HomeMy WebLinkAbout20000092 Ver 1_COMPLETE FILE_20000118 f5w",/ S=Y1 _ , [,"'I Nortti Carolina Wildlife Resources C o rin-ussic- n <-ltarlc,cR, F1111wood, Execti(m, I)irrrctor MEMORANDUM To: Mickey Sugg Army Corps of Engineers Doug Huggett Division of Coastal Management: From: Bennett Wynne Habitat Conservation Program Date: September 9, 2000 Subject: 404 Project Review for Waste Industries, Inc. Discharge of Fill Material Into I I Acres of Section 404 Wetlands and Waters for the Expansion of the Existing Sampson County Municipal Solid Waste Landfill Facility, adjacent to Bearskin Swamp, east ofRoseboro, Sampson County, North Carolina. Action 11): 200001460, The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. We regret that time constraints delayed our response. Our comments are provided in accordance with provisions ofthe Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G. S. 113 A-100 through 113 A-128). The current applicant reflects a recent change of management (formerly Browning Ferris Industries or BFI) at the subject regional landfill, Filling of 1 1.3 acres of forested wetlands along intermittent streams is proposed for landfill expansion. Affected wetlands provide quality habitat for raccoon, opossu n, muskrat, songbirds, and various reptiles and amphibians. A greater siren (Birch lucertimi) was found in one of the affected streams during a. May 19, 1998 interagency, onsite meeting. Protect wetlands also provide a water quality protection function. Mailing Address: Division?if lnl;i>>d i'isherirti • 1;21 mall ti iviicC'enier- It.dcigh,N( .)701)1)-1721 Telephone: (919) 7i3- 611 (-1. 2X1 • Vax: (919) 715.-703 Waste Industries, Inc. 2 9/9/00 Several mitigation options are proposed: 1) use a 270 acre sand mine site 2 miles distant along the Little Coharie Creek floodplain, 2) use Barra Farms Wetland Mitigation Bank, 3) use a 115 acre parcel bordering Bearskin Swamp (onsite) to enhance 74 acres of wetlands, create 20 acres of wetland slopes, and establish 21 acres of upland buffer, or 4) use the State Wetlands Restoration Program. We favor option 3) involving onsite mitigation adjacent to Bearskin Swamp, but agree with the Corps' contention made at a November 24, 1998 onsite meeting that wetland creation should be expanded to include the area south of that proposed. We also agree with the Corps that wetland enhancement measures should be thoroughly described. Therefore, we recommend that permit issuance be conditioned to require mitigation option 3) with expansion of creation acreage southward and a thorough description of enhancement measures that is acceptable to the review agencies. Thank you for the opportunity to comment. If you have questions regarding these comments, please contact. me at (252) 522-9736. Cc: John Dorney, Div. Water Quality mitigation request Subject: mitigation request Date: Tue, 09 Jan 2001 08:40:11 -0500 From: Jeff Jurek <jeff Ln-ek@ncmail.net> Organization: NC Wetlands Restoration Program-DENR To: ken.averitte@ncmadow, Rob Ridings <rob.ridings@ncmaiI.net> The purpose of this email is to notify you of the North Carolina Wetlands Restoration Program's (NCWRP) intention to accept payment into the Wetland Rest=oration Fund for compensatory mitigation for stream/wetland impacts for Me following project: Project: name.: Richmond Co. Water Sytem Expansion River Basin: Yadkin 8d.git catalog unit: 03040201 County: Richmond DWQ Project # (i.£ known): COE Project. # (if known): CAMA Project # (if known): Wetland impact: 1.1 ac nonriparian wl Stream impact: Wetland mitigation: up to 2.2 ac Stream mitigation: it for any reason you feel that the NCWRP should not accept: payment: for the above project, please notify me (Jeff. Jurek) by email or phone 919 733-5316 within 5 working days upon receipt of this message. it no response is received within 5 working days, NCWRP assumes you concur with this payment. Jef'f Jurek <ief'Jurek@ncrnai1.net:> of t U9MI 8:48 AM 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 67F 1 ? • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 3, 2000 Richmond County DWQ Project # 000092 APPROVAL of 401 Water Quality Certification County of Richmond PO Box 504 Rockingham, NC 28379 Dear Sirs: You have our approval, in accordance with the attached conditions, to impact 205 linear feet of stream for the purpose of water line construction in Richmond County as you described in your application received by the Division of Water Quality on February 2, 2000. After reviewing your application, we have determined that this action is covered by General Water Quality Certification Number 3101. This Certification allows you to use Nationwide Permit Number 12 when issued by the U.S. Army 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 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 except as modified below. If you change your project, you must notify us and you may be required to 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. I.f 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) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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. 276 1 1-7447. 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 919-733-9646. Per y, Stevens NA-1) Attachment cc: Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office James Haynes, PO Box 504, Rockingham, NC 28379 File Copy Central Files 000092 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetlandc.html DEM ID: CORPS ACTION ID:' NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #{): PRE-CONSTRUCTION NOTIFICATION ADMPLICATIOENT 14 FOR NATIONWIDE PERMITS THAT REQUIRE: RECEIVED 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: County of Richmond 2. MAILING ADDRESS: PO Box 504 SUBDIVISION NAME: CITY: Rockingham STATE: NC ZIP CODE: 28379 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NA!?E (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): 910/997-8211 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. James E. Haynes, Manager - Ph: 910/997-8211 PO Box 504, Rockingham, NC 28379 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Richmond NEAREST TOWN OR CITY: Hamlet 1' PECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): along SR 1825 approximately 5 300 linear_fPPr 5oj4i, of the NC 177 - S Marks Creek 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING IF YES, RESOURCE WATERS (ORW), SUPPLY (WS-I OR WS-II). YES [ ] 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO AX] 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 [ ] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Not aware of an previous 404 permits. 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO jX] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: one 9b. ESTIMATED TOTAL NUMBER OF ACRES OF.WETLANDS LOCATED ON PROJECT SITE: Not aware of any wetlands present. 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: FLOODING: DRAINAGE: EXCAVATION: OTHER: TOTAL ACRES TO BE IMPACTED: 10b. (1) STREAM CHANNEL BBE IMPACTED BY OTH BEFORE THE PROPOSED AFTER RELOCATIDNECT (IF RELOCATED, PROVIDE DISTANCE FT FT AFTER: LENGTH BEFORE: FT WIDTH BEFORE (based on normal high water contours): T WIDTH AFTER: FT FT AFTER: AVERAGE DEPTH BEFORE: (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Horizontal directional boring beneath channel POND?S PROPOSED, WHAT IS THE SIZE OF THE 11. IF CONSTRUCTION OOFTHEPOND WATERSHED DRAINING T WHAT IS THE EXPECTED POND SURFACE AREA? PLANSSCUBSi?ON XF11YPDRAWINGS (ATTACHINCLUDING 12. DESCRIPTION OF PROPOSED USEDWORK MECHANICAL EQUIPMENT instal ONLY): An 18" outside diameter HDPE i e Marks Creek b means o h HDPE line will convey potable water once the overall water line extension project is complete. 2 P 13. PURPOSE OF PROPOSED WORK: generation facility to be constructed 3 .h 14. STATE REASONS OUT IN WETLANDS. IMPACTS): -- N/A WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND 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) REGARDING 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. ATTACH RESPONSES CONTACTED: FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER WHICH MAYREGARDING AREASHEET) AFFECTEDRBYETHE PR POSEDRIC (P (SEE IN ENCY PERMITADDRESSES PROPERTIES PROJECT. DATE CONTACTED: Not required 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES $1 NO [] (IF NO, GO TO 18) OF AN ENVI RONMENTAL a. UANTDTTOSTHEEREQUIREMENTQSUOFETHEENORTHICCAROLINA ENVIRONMENTAL DOCUMENT PU PURS POLICY ACT? YES [ ] NO kk b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [] IF ANSWER TO 1'b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE THE IVISION OF ENVIRONMENTAL ENVIRONMENTAL NAGEMENT STATE CLEARINGHOUSE COMPLIANCE WITH QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINP. DEPARTMENT O AMINISTRATION, 11 ION(919) WEST 6369ES STREET, RALEIGH, NORTH CAROLINA 4 PR MATERIAL 18. THE ACTIVITY FOLLOWING INITEMS VOLVES SHOULD TTHE DISCHARGE INCLUDED OF EXCAVATED OR APPLICATION PROPOSED INTO WETLANDS: LAKES a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, ) ON THE PR 29, AND 38). ALL STREAM (MAPESCALESNSHOUDDPBEMININCH EQUALS 50OFEETYOR 1 MUST BE SHOWN ON THE INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY 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 PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. PERMITPRIOR TO: NOTE: WETLANDS OR WATERS OFT404UCORPSAOFNENGBNEERSIMPACTED 1) ISSUANCE OF A SECTION 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 STATING ACTIVITY IS CONSISTENT WITH THE PROGRAM. OWNER'S/ ENT'S SIGNA RE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 79°45' ?r 10 M/. TO U.S. 1 34°52'34 1 ROCK/NOHAM 6 Ml. 12 380 000 FEET (S.C.) HAMLET 1.9 Ml. 617 '°59" 680 000 F (S. 5 42'30" • .i i / ??, • j ?I' ? _: - C_? ?? . 11? 181 ?' • `,. Cie- 71y %_ ?::?? ' Morrison Gr .. • MN +! ', i :E It ,/ /r - W Y 8 1r '~/ 11 ?, 58 1J. J/. : 261 LOCATION OF P ROJECT Li \ 250 °0 zs ` ? c K, 56 ? fi-• " U ---- , s= ? ^•??. n >? i ? ? _I ,.1 .?? ? 300 300 v `- ? /I SJ II 24 ? ,\ C ? S , \ 1 II /J / I I _ 1\ . ?X ?% D 55 1 / 337 Q Or" it ?,?- a ?.? - (f •' VI O•? j l 43 [it - ` II O I II r - __,- „o- II 343 G HIO, N.C.-S.C. SW/4 HAMLET 15' QUADRANGLE N3445-W7937 5/7 5 . . 54 - 1949 PHOTOREVISED 198, ay c ?i DMA 50531 SW-SERIES V1842 . VW 106YJ HIM 0040 VIS cu 00+0 yu 1 Q j eeu?jDu3 f ed Amy AJ Ar " AANAEUX3 3 87 HU VM O N 1! 0/Y I e ? A ? 4 i i y a I ti B $ i A I 3 g bb ? ?? p dd d g B5 _ I i t i Q Y t, ! ? i r ? Q I I II c ine ?ntrn i i t I iG 7G N n? di N fi ? N 1151 OOOt' (T IT lit /V UIT t)OW 6MU'b6-X1166\pUmorms6mp\:3 OPERATION/CONSTRUCTION MANAGERS Municipal Services PO Box 97, Gamer, North Carolina 27529 (919) 772.5393 2 ??05'r CIVIL/SANITARY ENGINEERS Engineering Gorappy, P.A. PO Box 349, Won 1° January 17, 2000 Mr. John Dorney N.C. Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Re: Pre-Construction Notification Application Airport Road Water Line Extension, Phase 1 Richmond County, North Carolina Municipal Project No. G99114 Dear Mr. Dorney: PAYMENT RECEIVED Enclosed you will seven copies of a completed Pre-Construction Notification Application with attachments. One of the copies bears the original signature of the Manager for the County of Richmond while the other documents bear a copy of the signature. We are also forwarding an original and one copy of the application to the Wilmington office of the Army Corps of Engineers. (828) 282-1787 Be advised that we are forwarding you these documents on behalf of the County of Richmond because the County proposes to install a water line beneath Marks Creek by means of horizontal directional drilling. Please therefore, issue a 401 certification upon successful completion of you review so that we may proceed with the project. Your cooperation in this matter is greatly appreciated. Please do not hesitate to call if you have questions or desire additional information. Sincerely, MUNICIPAL ENGINEERING SERVICES COMPANY, P.A. /?? )Y- ovl??? Gregory K. Meshaw, P.E. ^ `p P r' Enclosures ' ?` ? o I OIMUTUM/OO I UCTION MANAOEM Municipal Service ?.0. On 97, 00"w. Nmlh Corolim 27629 (819) 772.6393 DATE: January 28, 2000 Mr. John Dorney U Ll? ?f M DUN NC Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Engineering Company, P.A. i. Bow 319, Boon., Nalh CarooM 28607 (704) M.1767 RE C??1?F n RE: Richmond County Submittal Package Please find enclosed our original submittal package along with our check in the amount of $200. Gregory K. Meshaw, P.E. Ctt7 f °- tIONED /89