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HomeMy WebLinkAbout20010024 Ver 1_COMPLETE FILE_20010108Attachment S' cc: Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files File Copy 010024 Attachment cc: Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files File Copy 010024 State of North Carolina Department of Environment and Natural Resources 41 o 0 F' Division of Water Quality Michael F. Easley, Governor R C, Bill Ross, Secretary E R Kerr T. Stevens, Director January 24, 2001 DWQ# 01-0024 Burke County Richard N. Greene Western Piedmont Community College 1001 Burkemont Avenue Morganton, NC, 28655 APPROVAL of 401 Water Quality Certification Dear Mr. Greene: You have our approval, in accordance with the attached conditions, to place fill in 0.25 acre of wetlands and 15 linear feet of Hunting Creek in order to construct a roadway crossing in Burke County, as described in your application received by the Division of Water Quality on January 8, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3289. This Certification allows you to use Nationwide Permit Numbers 14 when it is 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. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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. 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. Sincerely, C l/ ? ?,,? Kerr T. Stevens Non-Discharge Branch 1621 Mail Servi ?//Center • Raleigh, North Carolina 27699-1621 Telephone 9197733-1786 FAX # 733-9959 An Equal Opportunity Atfirmative Action Employer 50Y recycled/10-,yc, post consumer paper MEMORANDUM TO: John Dorney Regional Contact: Jim Reid Non-Discharge Branch WQ Supervisor: Forrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Western Piedmont Community College Project Number 01 0024 Recvd From APP Received Date 1/8/01 Recvd By Region Project Type stream ford Stream CI County Burke County2 Region Asheville Permit Wetland Wetland Wetland Stream ass Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. Stream Impacts (ft.) 3?'f. ? kt': .1 f O Y @N 11-36-(.7) WS[v 30,831. 0.25 15.00 15 F F O Y ON F_F- F_F__F_F__r I- T__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y @N Did you request more info? O Y @N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? O Y oO N Recommendation: Q Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 35 43 28 Longitude (ddmmss) 81 41 03 Comments: Issue certification Mika Parker and .lim Raid visited the Site and observed no viable options to the fo rd cc: Regional Office Central Office Page Number 1 0 0 N CO DEM ID: 0 1 0 U ,4 CORPS ACTION ID: NATIONtiYIDE PER6iIT REQUESTED (PROVIDE NATIONWIDE PERZiIT #) PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 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: Western Piedmont Community College 2. MAILING ADDRESS: 1001 Burkemont Avenue 28655 (IF DIFFERENT FROM 3. TELEPHONE NUMBER (HOME): (WORK): (828)438-6070 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Richard N. Greene. Executive Vice President SUBDIVISION NAME: CITY: Morganton STATE: NC ZIP CODE: PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME MAILING ADDRESS ABOVE): 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Burke NEAREST TOWN OR CITY: Morganton SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Hunting Creek runs north from I 40 to US 70 Bypass. Creek is located east of the main campus buildings and parking lots connecting the main campus with the agriculture campus. 6. IMPACTED OR NEAREST STREAM/RIVER: Hunting Creek RIVER BASIN: Catawba River Basin 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY PAYMENT RECEIVED (WS-I OR WS-II)? YES [ ] NO [X ] IF YES, EXPLAIN: 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT ARE 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 [ ] NO [X ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [X ] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: Stream Restoration 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 335 9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 5 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: .10 EXCAVATION: .15 FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: ?S 10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: 15 FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: 12 FT (2) AVERAGE DEPTH BEFORE: 3 inches - 5 inches AFTER: STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Construction of a ford 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 81-1" x 11" DRAWINGS ONLY) : The approach areas at an old ford site will be smoothed and graveled. In the. actual creek, ri roman will be placed to provide a base for equipment to cross on without miring up or mudding creek. Number of crossings per week should average 2 or 3. 13. PURPOSE OF PROPOSED WORK: Provide access to both sides of creek for college agricultural purposes otherwise a trip of 2T' - 4 mile-, must he taken using I 40 or US 70 Bypass/Hwy 18 South with slow moving farm equipment. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): An old ford is being reopened to cross the creek. Wetlands will not be impacted. 15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: N/A 16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC FT (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? YES [ ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302, TELEPHONE (919) 807-2425. 17. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: N/A 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 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? g. SIGNED AND DATED BY 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, AND 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION. 2-111 d OWNER'S/AG T'S IGNATURE DA PE (AGENT'S S GNAT RE VALID ONLY IF AUTHORIZATI N LETTER FROM THE OWNER IS PROVIDED (18G.)) a ? zd ? • ° •Y6 !Y '. \ Z d ? O 7 J • y?•s j , • g?b a 6?m r l ? . Se • •`b° 5 b 1% r f. • C N :' ?_ • S;sµ ?;O In ? Q • ?33 all , L \ Znao c• W ,dRjtl-O •. ' p6 .• ?]? a i a7r8 Sf? •.. • A.n 'dam St • ? ? a • a? a OaC ? " .. fib , ° t,?o° 3gh w • ?r aer G , i s e• Iq 3 •< r•p?nsts 10 ^`° a !?w 1 / P J ?0 •` a •- r to 0 ? t? J ?. o • ?1 Chi ? °': E! •r P' V V I I WUJ A 0 • e 2A °ya q? I,?1p8m?l C A.O0.9B.?OS W •• b E J ,s 'y .?i 11 4 41 8• T wlur? nNF+n_J Wei" M? ? .tear ?-? g ` r a ? ? >: r...?'?.....?4Jm?Z'I8 Bt /?Ws Ws? _.G fs • _ j 54.60 II • 1,j0.Ct.80N L °:.\! W Z b !Ji • ?+ a IVW y. O /? 1 1 1 V q- j nay ?° a ~w '? wo r4 . a • • • p .. O • •. tin ?t t I . 1Q ?. 0 ?I a ?1 w a o II °a II ? U II a j ?? ( o z 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 Richard N. Greene Western Piedmont Community College 1001 Burkemont Avenue Morganton, NC 28655 Dear Mr. Greene: PAYMENT D RECEIVE ©© NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 20, 2000 1 rl . ,I `) ,1 On December 18, 2000, your application for 401 Water Quality Certification for a project in Burke County was received by the N.C. Division of Water Quality. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. Your application is being returned since no payment was received with the package. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to review and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality attached to your applications. I)Ip / _,5-_ o / Please call Robert Ridings or Cyndi Karoly at 919-733-1786 or visit our web site at http://h2o.enr.state.nc.us/newetlands if you have any questions. S' erely, ?J Jo i R. Dorney cc: Central Files PAYIN11ENT RECEIVED 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/101/o post consumer paper r ! t ,? i _ elf 9 North Carolina Wildlife Resources Commission 9 Charles R. Fullwood, Executive Director MEMORANDUM TO: FROM: DATE: SUBJECT: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers Ron Linville, Regional Coordinator Habitat Conservation Program Original Signed b'; J. R. Linville December 19, 2000 o" Review of an application by Western Piedmont Community College, Hunting Creek Ford, Burke County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers for a ford on the Catawba Campus to access agricultural activites. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Based on the information provided by the applicant and our information on the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to the project as proposed providing the number of crossings per week are minimized and the equipment is routinely cleaned and maintained so as not to negatively impact surface waters. Riprap should be pressed into the streambed in a manner that will not impede aquatic life migration. The best option may be to install a bridge (if practicable and feasible). Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Mailinb Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 cxt. 1-81 • Fax: (919) 715-7643 r 00 O > Ln 0 0 O Z :: O U w U co Z >O N Q xx UW 2 F U W ? 00 ?> J ?N O0 xa N ILI WO W a¢ k 0 z ? O O U i ' w O O - U O¢ O a O - N -O 0 wa U ? 0a >0 k ?w 0 0 UV U w0 N -- O Cb M a0 z O H z E-4 ?O C O H a U p ., 00 W w O O O O CV Y U w s U _N S O LL J H O