HomeMy WebLinkAbout20010345 Ver 1_COMPLETE FILE_20010312eO? W AT ?9QG
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
April 16, 2001
DWQ# 01-0345
Haywood County
Claire Stewart
Haywood County Recreation Department
215 N. Main St.
Waynesville, NC, 28786
APPROVAL of 401 Water Quality Certification
Dear Ms. Stewart:
You have our approval, in accordance with the attached conditions, to place fill in 0.21 acre of wetlands in order to
construct a new Haywood County park with soccer fields, walking trail, playground and concession facility, as you described
in your application received by the Division of Water Quality on March 12, 2001. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3287. This Certification allows you to use
Nationwide Permit Number 39 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. 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 Dorney at 919-733-9646.
Attachment
Sincerely,
r teven
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
010345
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
nin moo 400 /..L.......N nin ?Oo cono /i...,% L.N... .......a„4„ ......../w.......41... A. I
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: D. Keith Haynes
WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Haywood County Recreation Department
Project Number 01 0345
Recvd From APP
Received Date 3/12/01 Recvd By Region
Project Type recreational development
Certificates
Permit Wetland
Type Type
Wetland Wetland
Impact Score
Stream
Stream Class
Index Prim. Supp
County Haywood
County2
Region Asheville
Acres Feet
Basin Req. Req.
• .
. It Peren- Inter-
nial mittent
79 nTT1 O }' O'`' ? 5-16-7 I TR -?0. SOS. 0.^_1 F- F__ I -
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y (@)N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This is a small wetland which if not filled would drastically change the entire eject.
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Haywood County Recreation Department
Project Number 01 0345
Recvd From APP
Received Date 3/12/01 Recvd By Region
Project Type recreational development
County Haywood
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
39 OTHFT O ?? F_ 5-16-7 7__ TR 40305. 0? 1 1-
P-17 O N ?? ?? ??? F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: Q Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 35 26 35 Longitude (ddmmss) 83 00 10
Comments:
This small wetland is about .2 of an acre. If it is not filled, it would drastically change the plan for the
project and would probably make the site unuseable for this particular project. The wetland is at the
edge of pro ems- y which has been used as a pasture/hay field for more than 30 years. Include
sediment and erosion control comments in the 401.
cc: Regional Office
Central Office Page Number 1
t
3 FEB 1 3 2001
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT $EQUESTED (PROVIDE NATIONWIDE PERMIT #): 4 0 4
PRE-CONSTRUCTION NOTIFICATION APPLICATION
IV
FOR NATIONWIDE PERMITS THAT REQUIRE:
?j
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:Haywood County (30-yr., lease from APAC-TN)
2. MAILING ADDRESS: 215 N. Main St., Waynesville, NC 28786
SUBDIVISION NAME:
CITY: Waynesville STATE: NC ZIP CODE: 28786
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
All.ens Creek Road
3. TELEPHONE NUMBER (HOME) : 828-452-9 39"1 (WORK) : 828-452-6789
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
Claire Stewart, same address and phone
5. LOCATION OF WORK (.PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE) : A{- aaCC m nt Al
COUNTY: wnnd I?ARET TOWN OR CITY: Waynesville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
Project site is 1.7 miles after turning onto Allens Creek Rd.
z? from S. Main, St. (Bus. 23).. Site map included. (Attachment A)
6 IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Pigeon River
Allens Creek is across the street.
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 [ Xl NO [ ] IF YES, EXPLAIN: C Trout
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ XJ
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: NA
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 [ ] NO [ X] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 7.91 acres
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: _210 acre
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: -210 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: .210
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,.PROVIDE.
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
r
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:
CHANNEL ELEVATION: 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?
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):.
We will provide a French drain.s2-s,tem to tie surface water to storm
drainage system for facility. Equipment used will be dump trucks
and bulldozer to fill and-cover. (Attachment B)
13. PURPOSE OF PROPOSED WORK: New County- park for recreation dept. with
soccer fields,.walking.trail, playground and concession facility.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
We have a great need for more. soccer fields in Haywood County.
This is the only near-flat land that.we have access to. The number
of fields would be reduced, as well as the. walking path length.
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: 2 1 S In 1
16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [X ] NO [ J (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 (X.']
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:
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. Attachment C
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
Attachment D
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? Residential or. vacant, which
belongs to Harrison Construction APAC-TN._
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Septic system
g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
! r •
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,
OWNER'S/AGENT S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY ,
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
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within the Town of Waynesville which has
an ordinance that regulates parcels of land.
I, J. RANDY HERRON certify that this plot was drawn under my
supervision from an actual survey made under my supeasrvision;
that the boundaries not surveyed are. clearly indicated drawn
X370 from Information found in referenced documents; that the ratio
of precision as calculated is 1• LQ, 2i2At2y- that this plat was
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L4 N 5° 53' 45" E 51.56'
L5 N 9° 19' 01" E 48.45'
L6 N 13' 31' 00" E 52.43'
L7 N 18° 02' 50" E 38.09'
L8 N 20° 55' 28" E 21.51'
L9 S 710 14' 45" E 29.96'
L10 S 74° 24' 37" E 25.06'
L 11 S 77° 29' 24" E 18.18'
L12 N 76° 50' 29" W 19.94'
L13 N 72° 30' 26" E 24.16'
L14 N 76° 32' 50" E 44.56'
L15 S 88° 20' 57" E 58.09'
L16 N 72° 11' 28" E 32.87'
L17 N 43' 03' 23" E 12.73'
L 18 N 79° 44' 49" W 36.78'
L19 N 50' 31' 56" W 16.00'
L20 N 32' 36' 58" W 21.26'
L21 N 36' 40' 55" W 37.46'
L22 N 13' 33' 51" W 33.53'
L23 N 37' 46' 28" E 52.52'
L24 N 49' 16' 08" E 55.44'
L25 N 1' 51' 23" E 94.51'
L26 S 68' 04' 44" E 39.41'
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Haywood County Recreation Department
215 N. Main Street
Waynesville, NC 28786
828-452-6789
March 5, 2001
John Dorney
Wetlands/401 Unit
2321 Crabtree Blvd. #250
Raleigh, NC 27604
Dear Mr. Dorney,
010345
122"
I am resubmitting my application for 401 Water Quality Certification for a project in
Haywood County. As per your suggestion, I found your web site to be most helpful and
could have avoided the delay had I known about it. Unaware of an attachment, the
finance department mailed the $200.00 application fee separately on March 2 to your
office. I spoke with Robert Ridings today and he will be looking for the check. PAYMENT
This project involves the development of 7.9 acres of land that has been leased for 30 RECEIVED
years from APAC-Tennessee for a new county park. The park will include 7 soccer
fields, a walking trail, playground, restrooms/concession facility and parking. We have
applied for matching grant funding with the Parks and Recreation Trust Fund; however,
we plan to pursue some phase of development whether or not the application is approved
by PARTY.
Our county has a tremendous need for more soccer fields. In our mountainous landscape,
flat land suitable for athletic fields is scarce. Since 1983, the sport has grown to nearly
1,000 youth participants countywide with only one official soccer field located in
Waynesville. Therefore, it is critical that we use the small wetlands area to maximize the
use of every inch of this valuable property. Our architect has tried many different field
schemes, but without the wetlands area, this facility will be reduced by three fields and
the walking trail will be shortened.
Enclosed you will find seven copies of the application and materials. If you need further
information, I can be reached at 828-452-6789.
Sincerely,
L 11/
Claire Stewart, Recreation Coordinator
Haywood County Recreation Department
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
March 23, 2001
Mr. David Baker 3V?5'
U. S. Army Corps of Engineers (C) Regulatory Branch 151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Haywood County Nationwide 404 Permit Application
Fill in Wetland for Recreational Fields - Allens Creek
Haywood County, North Carolina
Dear Mr. Baker:
Haywood County 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. I have reviewed information provided by the applicant, and I am familiar with habitat
values in the project area. A site visit was made on March 2, 2001 and I have discussed the
project with Ms. Clarie Stewart of the Haywood County Recreation Department. 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).
The applicant is proposing to place fill in approximately 0.21 acres of wetlands to expand
recreational fields for the Haywood Recreation Department. The project area is approximately
7.95 acres in size.
The wetland at this site does not appear to be associated with a stream and the
hydrological sources may be seepage from the adjacent hillside. However, the soccer site has
probably been severely altered in the past and hydrological connections may have been obscured.
The wetland is approximately 300 yards from Allens Creek. The wetland does have some
standing water but is primarily vegetated with grasses and herbaceous vegetation and has some
scattered woody vegetation.
This wetland may provide some breeding areas for salamanders; however, it does not
support fish. We are very concerned about the loss of any wetland in the mountain area,
especially for recreational fields, since this is the very situation that provides opportunities' to
promote environmental awareness and stewardship among young people.
Haywood County Soccer Fields 2 March 23, 2001
Allens Creek
I discussed the project with Ms. Stewart to see if perhaps the soccer fields could be
reoriented. Due to the required site preparation they had not been able to find a configuration
that would work without eliminating three soccer fields and impacting the walking trail. A steep
hillside and Allens Creek Road confine the soccer field site; thus, we agree there is not a lot of
space to alter configurations. However, there appears to be a vacant lot on the southern portion
of the tract that is not being used. If this lot could be used, the wetland area possibly could be
avoided without sacrificing recreational fields or the track.
Allens Creek is classified as trout waters by the Division of Water Quality and does in fact
support trout. We are concerned about the cumulative impacts of stormwater on aquatic
resources within Allens Creek.
The NCWRC can concur with the issuance of a permit for this project provided the permit
is conditioned as follows.
1. ' Minimize the impacts to the greatest extent practicable. Consider an alternative using
`'the' i??cant tract to the south for parking and shifting the entire facility toward Allens
Creek Road.
2. Stormwater from parking areas should be routed to vegetated buffers and should not
be concentrated with curb and gutter and discharged directly to surface waters. Use
vegetated swales where possible for stormwater conveyance.
3. Adequate sedimentation and erosion control measures must be implemented and
maintained on the project site to minimize impacts to downstream aquatic resources in
Allens Creek. Temporary or permanent herbaceous vegetation should be planted on
all bare soil within 15 days of ground disturbing activities to provide long-term erosion
control.
4. Fill materials should be obtained from upland sites.
5. All mechanized equipment operated near surface waters should be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids or other toxic materials.
Thank you for the opportunity to review and comment on this project. Pending
availability of field staff, the NCWRC may inspect the work site during or after construction. If
there are any questions regarding these comments, please contact me at (828) 452-2546.
Sincerely,
Owen F. Anderson
Mountain Region Coordinator
Habitat Conservation Program
cc: Ms Claire Stewart, Haywood County Recreation Department
Mr. John Domey, Wetland Scientist, Division of Water Quality
221400
HAYWOOD COUNTY • WAYNESVILLE, N.C. 221400
----- HLTH# 3 5
INVOICE DAl I- INVUIGt NUMbLH IIVVVR.C UCJI.HIY I IUIV INC I IIVvU4LC HIVIVUIV I rv rvv.
VOUCHER
02/26/0 022701 401 CERTIFICATION APPLIC 200.0 13547
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