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HomeMy WebLinkAbout20011810 Ver 1_COMPLETE FILE_20011220October 31, 2002 CERTIFIED MAIL: 70012510 00014778 5369 Return Receipt Requested Mr. Rick Hatch High Point Housing Authority PO Box 1779 500 E. Russell Avenue High Point, NC 27261 SUBJECT: REQUEST FOR ADDITIONAL INFORMATION Carson Stout Stream Restoration - High Point Housing Authority DWQ Project # 01 1810 Guilford County Dear Mr. Hatch: The Division of Water Quality has reviewed your plans for the culverting of 149 linear feet and the restoration of-257 linear feet of an Unnamed Tributary to Richland Creek, Cape Fear River Basin, Class WS-IV, Guilford County. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. We are requesting (by copy of this letter) that the U. S. Army Corps of Engineers place your project on administrative hold. 4. Your application did not include any stream restoration plans and specifications. Please submit the following for our review and approval: Site Plans/Maps The site plans and maps must contain the information specified in Section 2.3.3 of The Internal Technical Guide for Stream Work in North Carolina, April 2001 to include (but not limited to) plan, longitudinal profile and cross-sectional views. Morphological Measurements Table Please complete the Morphological Measurements Table provided in Appendix B of the above-cited Technical Guide. 01 1810 Page 2 Instream Structures The location of any proposed instream structures must be provided on the site plans. Complete typical plans for each type must be submitted as well. Pebble Count A pebble count should be provided for the entire stream reach. Since this channel is currently culverted, we recommend that you obtain pebble count data from the un-culverted section of the UT to Richland Creek directly downstream. Sediment Transport Analysis A sediment transport analysis can confirm that a stream has been properly designed. A naturally stable stream transports its bedload in equilibrium so that there is no net aggradation or degradation over the stream reach. As such, it is necessary that the predicted sediment transport in the design stream be demonstrated to be in equilibrium to ensure overall stability will be achieved. Reference Reach Please provide the precise location of the reference reach. Keep in mind that a reference reach must be field-verified by DWQ staff and must be, in length, at least 20 bankfull widths or two meander wavelengths. Stormwater Inlet Location/Protection Please locate any stormwater outlets to the proposed restored stream on the site plans. Provide the means of stabilizing the stormwater outlets on the site plans. Riparian Buffer and Planting Plan A planting plan must be provided for the proposed stream buffers. The planting plan should include woody vegetation planting densities of the appropriate native species that will result in a survival rate of 320 trees per acre after five years. Please ensure that your site plans reflect the Randleman Riparian Zones 1 and 2 and the planting detail. We recommend that you use the Guidelines for Riparian Buffer Restoration, Wetlands Restoration Program, 2001 document. Physical Monitoring Please provide a physical monitoring plan. It is recommended that the plan be based on the Wetland Restoration Program's Draft Physical and Vegetation Monitoring Outline (Success Criteria) available at http://h2o.ehnr.state.nc.us/ncwetlands/restore.html. 01 1810 Page 3 Biological Monitoring Biological monitoring is required for this stream restoration project. A written biological monitoring plan based on the Benthic Macroinvertebrate Monitoring Protocols for Stream Mitigation Projects, also available at the website noted above. 2. Your application requests the after-the-fact authorization for the culverting of 149 linear feet of stream channel. While we understand that you will be removing 257 linear feet of culvert and restoring that section of channel, Section 401 Water Quality Certification cannot be issued for the remaining culvert unless you obtain the proper variance(s) from the City of High Point's Development Ordinance and possibly the State's Randleman Lake Water Supply Watershed Protection Rules. Please address this issue. 3. Please be aware that the Division is requiring that stream and riparian buffer restoration be completed by March 15, 2003. Please ensure that your final plans and specifications for this project are submitted for our review by November 25, 2002. Please respond, in writing, both to this Office and to John Dorney, 2321 Crabtree Blvd., Parkview Building, Raleigh, NC 27604-2260 within 10 days of receipt of this letter outlining your intent to proceed with this project or withdraw your application. If you wish to proceed, please address the items listed above. Sincerely, Steve Mauney Acting Regional Supervisor cc: Davis-Martin-Powell & Associates, Inc., 218 Gatewood Avenue, Suite 102, High Point, NC 27262 John Thomas, Raleigh Regulatory Field Office, USACE Lee Burnette, Planning Director, City of High Point, PO Box 230, High Point, NC 27261 Steve Zoufaly, DWQ Local Government Assistance Unit Danny Smith, Wetlands/401 Unit Central Office Cyndi Karoly, Wetlands/401 Unit Central Office Central Files WSRO MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Housing Authority of High Point County Guilford Project Number 01 1810 County2 Recvd--From APP Region Winston-Salem Received Date 12/20/01 Recvd By Region Project Type Residential Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet am Type Type Impact Score Index Prim. Supp. Basin Req. Req. 39 F F7 -@)N F__ 16-11-7 WSIII NSW CA 30,602. 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 O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Request for More Information sent by WSRO on January 31, 2002 for the following reasons: 1 No Mitigation proposed Need variance from the City of Koh Point and EMC/WQC - Randleman Watershed. cc: Regionai Office Central Crffice Page Number 1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 X To: IN'1 t ? ?c r h'? ? >mpany: ember of pages including cover sheet: Fax #: 93Co-77Z16 3O Date: 76 t Division of Water Quality, 401 Wetlands Certification Unit, Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) Crabtree Blvd., Raleigh,.NC 27604-2260 (Location). 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.ne.usincwedands )tes or special instructions: GP ,9? ¢O 40 * b$ HOUSING AUTHORITY OF THE CITY OF HIGH POINT Q Ve^ ?;7 f ocr w? t?ry?up r,, SFCrron? Mr. John Dorney NCDENR-Wetlands Unit Environmental Services Branch 4401 Reedy Creek Road Raleigh, NC 27607 09/27/2002 Mr. Dorney. Enclosed you will find seven copies of the required pre-construction notification application forms for the Leonard Street Project, 01 1810. Please be advised that Davis Martin Powell and Associates, Inc. will be preparing the design for the restoration of the stream. Joe Humble is the contact for that agency. Should there be any questions feel free to contact me at 336-878-2354, office or 336-442- 2557 mobile. Sincerely, Rick Hatch, Capital Funds Coordinator, High Point Housing Authority 500 E. Russell Ave., Post Office Box 1779, High Point, North Carolina 27261-1779 Phone (336) 878-2300 • TDD/Voice • Fax (336) 887-2414 10108/2002 16:02 336-887-4021 HOPE VI FAX COVER Attention Michael From Housing Authority of the City of High Point Rick Hatch 10/08/02 OOPS!! PAGE 01/02 Two pages baduding cover Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing v 1. Check all of the approval(s) requested for this project:' {a ® Section 404 Permit 3 Fi?r ? Section 10 Permit T. la` ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules Ct?oly 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 32 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information 1. Owner/Applicant Information Name: Mr. Rick Hatch Mailing Address: High Point Housing Authority PO Box 1779 - 500 E. Russell Ave. High Point, NC 27261 Telephone Number: 336-878-2313 Fax Number: 336-887-4021 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authori zation letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Rick Hatch Company Affiliation: Owner Mailing Address: PO Box 1779 - 500 E. Russell Ave. High Point, NC 27261 Telephone Number: 336-878-2313 Fax Number: 336-887-4021 E-mail Address: Page 3 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Carson Stout Stream Restoration - High Point Housing Authority 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Map 65 - Block 1 Parcel 2 4. Location County: Guilford Nearest Town: High Point Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Raleigh, I-40 West, to I-85 South to Hwy 29/70 South. Exit onto Brentwood Street to the Right. Go to Leonard Street and Turn Left. Site is immediately on the right (at intersection of Brentwood and Leonard) 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Existing site is vacant in area to be restored. Surrounding area is a residential housing developement 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Richland Creek 9. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/niaps/.) Page 4 of 12 10. Describe the purpose of the proposed work: The purpose of this project is to restore Approx. 2501f Unnamed Tributary to Richland Creek that was piped and is in violation. Stream restoration plans will be developed to restore the stream and buffer areas. 11. List the type of equipment to be used to construct the project: Rubber Tire Backhoe Dump Trucks, Trackhoe to remove pipe and bobcat. 12. Describe the land use in the vicinity of this project: Residential Housing Development IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.aov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) 1 Stream piping & Restoration 406 Unnamed tributary 3' perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.2ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 406' Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Wate) (if applicable) Type of Waterbody (lake, pond, estuary, sound bay, ocean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. This protect includes "after the fact" stream restoration. Originally approx. 4061f of a Perineal stream was piped and was found to be in violation for not having any reg'd Permits. This project includes restoring 257.00 if of stream including reg'd buffer areas. 1491f of pipe will be left in while all other areas of violation will be corrected and restored. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 7 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. See plan sheet for location of proposed restoration. Stream restoration plans Are under design to restore stream and buffers in accordance with the " Internal Technical Guide for Stream Work in NC" and "Guidelines for Riparian Buffer Restoration". These plans will be provided as per time frame previously established by NCDENR. Current Site conditions include a piped channel that has been grassed and mowed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the Page 8of12 NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at hM://h2o.enr.state.nc.us/wM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No r;J If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify. )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Page 9 of 12 Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Lone 1 extends out 30 feet perpendicular from near bank of channel; Lone Z extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? Yes ? No ? Page 10 of 12 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 Wilk POIA4- E4%4-, 4c III 3d m 10/08/2002 16:02 336-887-4021 HOPE VI PAGE 02/02 Y XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicajaiCs control). .A.ppIicant/,A,genVs. Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Orabam Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson, Mecklenburg Transylvania Raleigh Regulatory Field Qllace Alamance Durham Johnston Rockingbam US Army Corps Of Engineers Alleghany gdgecombe Lee Stokes 6508 Falls of the Neuse Road .A,she Firanklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) $76-5283 Davie Halifax Randolph Wilkes Wasl"Ston Regulatory 1Ficld Office Boaufort Ciurituck U5 Army Corps Of Engineers Bertie Dare Post Office Box 1000 Camden Gates Washington, NC 27889-1000 Carteret* Green Telephone. (252) 975-1616 Chowan Hertford Fax, (252) 975-1399 Craven Hyde Wilmington Regulatory Field Office Anson Duplin US Army Corps Of Engineers Bladen Hamctt Post Office Box 1890 Brunswick Hoke Wilmington, NC 28402-1890 Carteret Montgomery Talepbone: (910) 251-4511. Columbus Moore Fax: (910) 251 4025 Cumberland Now Hanover Jones Lenoir Martin Paco Pasquotank Perquimans Onslow Pender Richmond Robeson Sampson Scotland Pitt Tyrrell Washington Wayne LZ• 0`;?- Union Watauga Yancey Wilson Yadkin. *Croatan National Forest Only Page 11 of 12 . ,? .. . a: Oll + .t r y,- r 1 11 I i 4 y tw.11: . , r , b4?! N ? kr ?t i I e? ! vtriJe?''4. ?r?. n t `?aV?.,,?'•;r?F? 1^{'wR;•.4 ??l„`' `'t?rj!I 'TA 6.r. is F' N f- , •t FIJI z F7„ 14. `AK. ' i ioll ` ?e.4rS>YN "f FT _ ,yip,.,,,. P •.Yr .N "C? ?' - 'F r.- 1 ?t 4 A M ?MI1?rr ?`.«ie' . .i^,? t.- . ''? s . qS . ?,^. P rs XF: b+ k b r. is ,y w .? l.i plom I ?40-41f :_1 6 ?.l k ? ?o ? r ?• tky" i l k(, 1l 17 P bi ?y t .: :Wz 7 J yir * > aa r ei:;. i 5 y l E, 4 Y (nJ A 7 ` i U4 ±l l. "k * i lw', Triage Check List Aie Date: ? Project Name. C14V DW #: orl County: 6(v' /19? ? WaRO Deborah Sawyer ? WiRO Joanne Steenhuis XWSRO Jennifer Frygo From: 3 ^ q;74 Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: M, h <"z1,/ , , ", % sue/ To: ? ARO Mike Parker ? FRO Ken Averitte ? MRO Mike Parker 401 review Subject: 401 review Date: Wed, 23 Jan 2002 11:45:38 -0500 From: Megan Owen <Megan.Owen@ncmail.net> Organization: NC DENR, DWQ To: Cyndi Karoly <Cyndi.Karoly@ncmail.net> Cyndi: I only have a few to tell you about..... 401s with WSWP comments: 020036 (Luck Stone Corporation, Wake Co.) - the project is in WS-III-PA. The water feature they're talking about is intermittent and not subject to WS buffers. The ponds are, I'm assuming, perennial and should be subject, but they don't show up on the USGS topos and hence are not technically subject to WS buffers. Any additional BUA associated with this project will need to be reviewed and permitted by the Apex Planning Department. 020001? or 020081? (Jerry & Virginia Forestieri, Guilford Co.) - The project is in the High Point Lake WS-IV-CA, Randleman area. So the Randleman Rules apply, and I'll defer to Jennifer on this one. The Water Supply Rules also apply. In this case the water feature they're talking about is not a blue line stream on the USGS topo maps and hence technically not subject to WS buffers. Any associated BUA will need to be reviewed and permitted by the local planning department, which is probably Jamestown. 011810 (Housing Authority of High Point, Guilford Co.) - no map was attached, but I remember this case being in WS territory. It's an after the fact permit that Jennifer Frye gave the NOV for. As far as the WS Rules are concerned, they replanted the buffer and that's good enough. If they had any additional BUA not reported in this document, it would have needed to be reviewed and permitted by the High Point Planning Department. 401s not in WS: 011882 (DOT, Alleghany Co.) - not in WS That's it. Remember my last day is this Friday, and Steve Zoufaly will be doing the 401 reviews after that. Hence the mailing labels will eventually need to be updated. Thanks again for being so easy and fun to work with. I hope you and Roman are both doing well. If you need to reach me in the future, my home email account should keep working: meganaowen@hotmail.com. Take care!! Megan Owen <megan.owen@ncmail.net> Environmental Planner North Carolina Department of Environment & Natural Resources Division of Water Quality 1 of 1 1/23/02 12:07 Pb r APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducibl.. copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructionsi and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED nAi - w wrT 5. APPLICANT'S NAME / OClS/ */G; /'Ll TJ iJZ /71 O>= Gr 17-1 O f ?G ? /?v/ir1T cuss n_ :?. z;icri •„y 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) ?/C? y.4TC i! - ?l?S?°EC7TiCJ 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS ?O ,c- iZLlSS,EGL /?dC ? DO r- ,eCfSSE"GL i¢-dF -7 zG ue z 7-.-- 6 7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE a. Residence b. Business 33G -X78- S7 a. Residence b. Business 33G -87?- 2-6-f 11 STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. =? - e/ APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) &.¢4 SOAl 13. NAME OF WATERBODY, IF KNOWN lit applicable/ 14. PROJECT STREET ADDRESS lit applicable; 5. LOCATION OF PROJECT Gliicf C "/ e STATE 16. OTHER LOCATION DESCRIPTIONS,. IF. KNOWN (see instructions) 7. DIRECTIONS TO THE SITE ,?GI.S/.!/? S.? .1- SS ? amt' E?'t!/GYJO ?/®.GTf? ®•!? G?,CE,r/TLlIOO? T? LEO.t/?/S=n ? r PAYMENT RECEIVED 18. Nature of Activity (Description of project, include all features/ 19. Project' Purpose (Describe the reason or purpose of the project, sea instructions/ USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge NI 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards ir///51 22. Surface Area in Acres of Wetlands or Other Waters Filled iseeinstructions) 23. Is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK GelllOxL.C fOt?? t3?9C G .?YG L l?i¢d?= a ?E?®/?IOL E'T? D , G?e'/fi SS /?Gs9.!/i '.a 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). I - 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED *Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized ag rft of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. 1. ' U.S.GPOA 994.520.478/82018 ? f 4 Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Regulatory Division Action ID. 200121291 09/11/2001 Mr. G. Wayne Wright Response to Violation Notification dated September 5 2001, received in my office September 10, 2001. On Monday, August 27,2001 1 spoke with Mr. John Thomas of the US Army Corps of Engineers in Raleigh, NC. Mr. Thomas had advised me that the Housing Authority of the City of High Point was in violation of the clean water act for culverting a storm sewer located at our Public Housing Community, Carson Stout Homes. This open storm sewer has been subjected to trash collection, sewage spills and a recipient of resident's complaints because of foul odors, occasional decaying animals and unsightly growth. The area was extremely difficult to maintain. In addition to the debris, the open end of the existing pipe posed a safety threat because children were continually playing in the pipe. The pipe runs under ground for an undetermined length. The High Point Police requested `something be done to prevent children from entering the pipe. The Housing Authority installed a metal gate. That compounded the problem with trash accumulation after heavy rains. We decided to extend the pipe to connect with the other open end at Leonard Street. The Housing Authority of the City of High Point had no intention of code violation based on its naivety. We were with the impression that this area was solely storm sewer and not classed as drinking water supply. The Housing Authority of the City of High Point has requested an application for after the fact water quality certification from the USACE on Monday, August 27, 2001. We have not yet received the application. The Housing Authority was not aware of any permit necessary to perform this type of work. If I can be of further assistance please contact me by telephone: Office, 336-878-2354, Mobile 336-442-2557 Sincerely, Rick Hatch Construction Inspector HPHA AT 6 1) // o APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003 f33 CFR 3251 Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproduciblc, zopies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED ITEMS BELOW TO BE FILLED BY APPLICAN 5. APPLICANT'S NAME <L v ? >T - = 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) ?ir ? f 1 O ? / a 17 11,12V SIA4G /?uTJ ?z >TY Qf ' ?iG r' ff.4Tc s? - ir?3'?E?7lJrC. cusi q? r .l ;icrt Ly 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS ??70 c- >ZLfSSEGG /?!/C Ov tom- ?CISSEGL 'df 2 7. 7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE a. Residence ?S a. Residence S7 b. Business 334 - - b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) C,0-450AI S7,94,7- 13. NAME OF WATERBODY, IF KNOWN !i/appacabie/ 14. PROJECT STREET ADDRESS litapplicabiel c?66? - /fQ? c3000? L??) 5. LOCATION OF G lliGF02,y /Ci e COUNTY' STATE 16. OTHER LOCATION DESCRIPTIONS,. IF KNOWN, (see instructions) 47: DIRECTIONS TO THE SITE Gl Si r/.5? 1 SS s3•CE?vTto/?0®.GT ®.r/ ac?.r/Tlr/oOS? 70 wES L?o?o . T PAYM EN T RECEIVED 18. Nature of Activity (Descdpaon of project: include all features( C?/G?>_-=.G ?o<o G:F u//sy'???P .s+:r/o Bs4e'.C r^??-G ?d ?FV?G s'?.4:??E 19. Project Purpose loescdbe the reason or purpose of the project, see instructions) To .?v£ ?l?>?G.?6tfrrO' ?,r/.o sv?c?.c r/EGa ?O.r? c?.5??02?,?/ /,rJ ?.??,rJ s?v?? s?o/nr?. .?? ??s ?i?-c?-T ? ;?.?srt - ?ti? Cf5'E fJ.r/,? ss?ft-rJ. .•?s1 zzss.?y° USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge N? 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards 1V1151 22. Surface Area in Acres of Wetlands or Other Waters Filled ]see instructions) 23. Is Any Portion of the Work Already Complete? Yes ? No IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED "Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that 1 possess the authority to undertake the work described herein or am acting as the duly authoriizzed ag t of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ' U.S.GP0:1994.620-478/82018 Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Regulatory Division Action ID. 200121291 09/11/2001 Mr. G. Wayne Wright Response to Violation Notification dated September 5 2001, received in my office September 10, 2001. On Monday, August 27,2001 1 spoke with Mr. John Thomas of the US Army Corps of Engineers in Raleigh, NC. Mr. Thomas had advised me that the Housing Authority of the City of High Point was in violation of the clean water act for culverting a storm sewer located at our Public Housing Community, Carson Stout Homes. This open storm sewer has been subjected to trash collection, sewage spills and a recipient of resident's complaints because of foul odors, occasional decaying animals and unsightly growth. The area was extremely difficult to maintain. In addition to the debris, the open end of the existing pipe posed a safety threat because children were continually playing in the pipe. The pipe runs under ground for an undetermined length. The High Point Police requested something be done to prevent children from entering the pipe. The Housing Authority installed a metal gate. That compounded the problem with trash accumulation after heavy rains. We decided to extend the pipe to connect with the other open end at Leonard Street. The Housing Authority of the City of High Point had no intention of code violation based on its naivety. We were with the impression that this area was solely storm sewer and not classed as drinking water supply. The Housing Authority of the City of High Point has requested an application for after the fact water quality certification from the USACE on Monday, August 27, 2001. We have not yet received the application. The Housing Authority was not aware of any permit necessary to perform this type of work. If I can be of further assistance please contact me by telephone: Office, 336-878-2354, Mobile 336-442-2557 Sincerely, Rick Hatch Construction Inspector HPHA State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael Easley., Governor Bill Ross, Secretary Gregory Thorpe, Director Rick Hatch, Housing Authority of High Point 500 East Russell Ave High Point, NC 27261 Dear Mr Hatch: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 11, 2001 DWQ # 011810 On December 3, 2001, your application for a 404 Permit and 401 Water Quality Certification for a project in Guilford County was forwarded to us by the U.S. Army Corps of Engineers. Please note that you are required to submit your request for a 401 Water Quality Certification under separate cover to the Division of Water Quality. Also please note that beginning January 1; 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all applications. This fee amounts to $200 for projects with less than an acre of wetland impact and less than 150 linear feet of impacted stream. For projects with an acre or more wetland impact or 150 feet or more of impacted stream, a fee of $475 is required. In order for DWQ to review and process your request, you must send a check for the appropriate amount made payable to the N.C. Division of Water Quality attached to the applications. Also, seven copies of all application materials sent to the Corps are required for our review. Please call Rob Ridings or Cyndi Karoly at 919-733-1786 or visit our web site at hqp://h2o.enr.state.nc.us/ncwetlands if you have any questions. alnc?erely, Rob Ridings cc: Central Files John Thomas, USACOE, Raleigh Regulatory Field Office File Copy Wetlands/401 Unit 2321 Crabtree Blvd. Suite 250 Raleigh, North Carolina 27604 Telephone 919-733-1786 FAX # 733-6893 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: Mr. John Thomas, U.S. Army Corps of Engineers Ralei Regulatory Field Office FROM: Dante e . Pender, Piedmont Region Coordinator % Habitat Conservation Program DATE: 26 November 2001 SUBJECT: Public Notice for Mr. Rick Hatch, Housing Authority of the City of High Point, Guilford County, North Carolina. Action ID No. 200121291 Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject document. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131 et seq.). The applicant is requesting an after-the-fact permit for excavation, culverting, and filling 406 linear feet of an unnamed tributary of Richland Creek. Richland Creek is a tributary of the Deep River in the Cape Fear River basin. The work begins at the outlet of an existing storm sewer and ends at an exiting storm sewer. The unauthorized fill is a violation of the Clean Water Act. The applicant indicates that the property is a long-term nuisance to the community and a safety hazard. A mitigation plan was not submitted with the application. Stream piping and placing fill in aquatic resources can result in significant negative impacts to downstream areas and eliminate fish and wildlife habitat. Stream piping reduces the infiltration of storm water and associated pollutants, as well as the dissipation of stream energy. Piping a stream and placing it underground obviously removes both aquatic and terrestrial habitat. Existing uses by wildlife are lost and future opportunities to improve aquatic diversity, even if water quality improves, are precluded. We find it difficult to comprehend that the City of High Point was not aware of the state and federal requirements of the Clean Water Act. We are unable to effectively comment on the proposed project impacts due to lack of information included in the permit application; and therefore, are unable to concur with the project at this time. Specifically, we request information on a detailed mitigation plan. We would prefer to see Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 - Fax: (919) 715-7643 Page 2 ` 26 November 2001 City of High Point PN 200121291 mitigation measures directed towards replacing lost water quality functions and aquatic habitat in the immediate impacted watershed. Thank you for the opportunity to comment on this project. We look forward to reviewing the additional information requested from the applicant. If we can provide further assistance, please contact our office at (919) 528-9886. cc: John Dorney, Wetland Scientist, DWQ Kathy Matthews, Wetland Section, EPA Garland Pardue,' Supervising Biologist, USFWS A October 26, 2001 COPY Regulatory Division Action ID No. 200121291 Mr. John Dorney Water Quality Section C cp Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: Enclosed is the application submitted by Mr. Rick Hatch of the Housing Authority of the City of High Point for after-the-fact Department of the Army (DA) authorization and a State Water Quality Certification to discharge fill into the jurisdictional waters of an unnamed tributary of Richland Creek associated with the unauthorized extension of existing storm sewers. These unauthorized fill activities have resulted in approximately 406 linear feet (0.1032 acre) of impacts to the jurisdictional waters of Richland Creek on Housing Authority property located northwest of the intersection of Leonard Avenue and Brentwood Street, in High Point, Guilford County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing this after-the-fact request 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. Legal action for the unauthorized fill has been suspended pending the outcome of these considerations. A Department of the Army permit will not be granted until the water quality certification has been obtained or waived. 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 December 26, 2001, the District Engineer will deem that waiver has occurred. If you have questions, please do not hesitate to contact Mr. John Thomas, Raleigh Regulatory Field Office, telephone (919) 876-8441. Sincerely, Filename:HousingAuthority.doc CESAW-RG-R/JT/dh CESAW-RG-R/FILE MAIL S. Kenneth Jolly Chief, Raleigh Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 200121291 Copy DEC October 26, 2001 PUBLIC NOTICE MR. RICK HATCH, HOUSING AUTHORITY OF THE CITY OF HIGH POINT, 500 EAST RUSSELL AVENUE, HIGH POINT, NORTH CAROLINA 27261 has requested an after- the-fact Department of the Army (DA) permit TO AUTHORIZE THE DISCHARGE OF FILL INTO THE JURISDICTIONAL WATERS OF AN UNNAMED TRIBUTARY OF RICHLAND CREEK ASSOCIATED WITH THE UNAUTHORIZED EXTENSION OF EXISTING STORM SEWERS LOCATED NORTHWEST OF THE INTERSECTION OF LEONARD AVENUE AND BRENTWOOD STREET, IN HIGH POINT, GUILFORD COUNTY, NORTH CAROLINA. This public notice does not imply, on the parts of the Corps of Engineers or other agencies, either favorable or unfavorable opinion of the work performed; but it is issued to solicit comments regarding the factors on which a final decision will be based. Legal action has been suspended pending the outcome of this consideration. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. The applicant has recently excavated, culverted, and filled approximately 406 linear feet (0.1 acre) of an unnamed tributary of Richland Creek located northwest of the intersection of Leonard Avenue and Brentwood Street. The work begins at the outlet of an existing storm sewer that enters the northwest corner of the property and ends at an exiting storm sewer crossover of Leonard Avenue. The surrounding development and the fact that the worksite is isolated between two existing storm sewers has heavily impacted this headwaters tributary. No jurisdictional wetlands were impacted by this project. The completed fill activities, conducted in waters of the United Sates without authorization by a Department of the Army (DA) permit, are violations of Section 301 of the Clean Water Act (33 U.S.C. 1311). The property has been a long-term nuisance to the community. Uncontrolled trash from curb inlets, high weeds that encourage illegal dumping, drug activity, and a safety hazard for area children playing in the creek and in storm sewers connected to the creek have been source of concern for the Housing Authority and the High Point City Police Department. The applicant has stated that the High Point City Police Department requested that the stream culverting and fill be accomplished due to public health and safety concerns. The Housing Authority has offered no compensatory mitigation for the completed project. Plans showing the work are included with this public notice. A copy of this public notice can be viewed on our web page at f hittpw -A saw luspce.anny.mil. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will 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 Certificate as required by PL 92-500. 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 site is not 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 has determined, based on a review of data furnished by the applicant and onsite observation, that the activity will not 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) 2 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. 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 NCDEM 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 Wetlands/401 Unit, North Carolina DENR, Division of Water Quality, 2321 Crabtree Boulevard, 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), Wetland/401 Unit, 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before November 19, 2001, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. John Thomas, until 4:15 p.m., November 26, 2001, or telephone (919) 876-8441, Extension 25. 3 F r..?-: -- r ' ? ? ,`. ?7, ? 1:, f • 890 ?. I;. t r ? I ? C • k t. :r ? ?`` ? r\\?y a'• • • ''? Jim .?l/_-.,;rC?T' ? ? ?? ??I ? I -. !l ,?/?: ? .`'? All IYU Re -v k ?'- '/ _.•, -L.?- , w - ?8j3 !? : °_I x.49• r .,y. I 4 _ ;Y, s? 1'!331 y Par ? ? ' N?sr•^ ? ? ? ? ,? ,,? . `' , c J % _:,-' ._ ..i ` _r"?? I• ilia. K • . 1. • .? ,C _?_^ .. -?. it '! F.''t ??SO^/?'?? ..? •' • + ? ?• wii •;. • ?. ?- {? .- • C ' 1 QD' T ,? ,_ J ,• ``? n; L may., r l ' ?.. "80 /?? 4 57.30" i; ^ LLB +-_ E odlyCh J ??? % I rte/ i ? `..: I ?? ?/ ? I?? ?.•`} ?\O J // I1 X79 ,` ?? `-?r .. • ?l /, ?\ `? ? ? ?'?. - ?? ill ? ?? .k s ?• rf L r°o ge ?;`,? ? y ? /; , •/ ? "?: • ' °-' . 4? Zvi o ? , •? ?yPI ?j , ?, -.. -•--- -•- -: \ I.. _ ._r\ `yam' / '%??. `Eif!BfdFA? • t - ? G?' ' ~' /? ? ?? test / ? ` I --- - ? - w 9, )JI `E':•v?t `1 •//• Jackson ,- Luke 4? c 5 1e Sultd?on ` „ I Springfield.'' Ailaa N[1 W I..f r o o `?_ .....1i - - ?'' /a, • Bakertdwn h J = ' .1 A- I. t, _ - _ . I o F 3 Ti - - ----- - -- --- ----- it I F- -? yO` ? ? sy??C l? P N ,? or 3 3 r? /? _3 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 t33 CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send ?c?[?g?4 comments regarding this burden estimate or any other aspect of this collection of information, including O t an, to Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reps '1 of otl LYp(ri B. Y, Suite 1204, Arlington, VA 22202 4302; and to the Office of Management and Budget, Paperwork Reduction Project 10710-0003), Vllasfitn. on, DC 20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to tlfe ¢is. rictEngineer having jurisdiction over the location of the proposed activity. V;r, r t 1 0,01 PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permi'CSl edih6ri;rirlg` ac" ,ties irl, o/ a fectjpg, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation 61 dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible -opies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructiousi and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will he returned. 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) Housing Authority of the City of High Point Rick Hatch Construction Inspector 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 500 E. Russell Ave Same COP High Point, NC 27261 7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE a. Residence a. Residence 33)01 S ?'??'=3 b. Business 336-878-2300 b. Business 336-878-2354 I hereby authorize, Rick Hatch to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. ???:S.ir/? ?y??/O.T7' of= ?Ji7 y e?F i?-i/ /?r?r? 4 APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Carson Stout Homes Storm Drain Oil 13. NAME OF WATERBODY, IF KNOWN tit applicable) Unnamed tributary to Richland Creek '5. LOCATION OF PROJECT Guilford COUNTY STATE 14. PROJECT STREET ADDRESS tit applicable) 1900 Fern Ave. High Point NC 27261 6. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Ysee instructions) N/A 7. DIRECTIONS TO THE SITE From business 185 go north on Brentwood approximately 2 miles. Turn Left (west) on Leonard St sight is to the immediate right. CECW-OR FNG FORM 43,15 ! rill 9/1 F!;I FION OF SEP 91 IS OBSOLETE. (Proponent: 1 8. Nature of Activity (Description of project, include a// features) Culvert existing storm drain from playground area to Leonard Street RCP. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) This area has been a long term nuisance to the community. Uncontrolled trash from curb inlets high weeds that encourage illegal dumping, drug activity area, and a safety hazzard for area children played inside the pipe which runs for an undetermined length. POLICE REQUESTED ACTION. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge N/A 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards N/A 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) .1032 acres, 406 linear feet of 54" RCP backfilled to surface grade. 23. Is Any Portion of the Work Already Complete? Yes -,Y,- No IF YES, DESCRIBE THE COMPLETED WORK Pipe is laid and backfilled. Top soil is in place seed is planted. 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). N/A see attachments 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Letter of non compliance from division of Water Quality. 'Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. U. S.GPO:1994-520-4 78/82018 F .v! `/ • / , ?,? J M ,{I` \ \?`z?-4'1?, f 690.?? ' r T `J \ _I 1 ?\ - / , ,tJiilu' L .' ? '. ? / .? i y'- CT•* ?'y ? °a> ? gM' ? ? ? ??`/ , • ?1 / • < J 190, 'L !.. _ . \ ??/;: '?•. i ;?h i.( ._ ,?" ? j ?' i ? \ ?w1?4?'ut+K l I 1'??•• 11. ? ?,.? ,', ?., ? 1??..., ° .I ? .? 4 i ? :\. n l ` Wa'Shi 4 ' l1gto0 : L" i'e _3 / tir If F332 e° `_.C - ' ``.. Park,' All A - ? Hurt .. ? -^ t`- •? • ' ?,? J ^`??.' .` ?-c ..r? } `?_ ? ? n ?s • • \ y. 1 211? .2 57'30 r ... ' ^ ?. S" .. '' .. , M ?,ta \ Adly Qh- ?1 ';'` _ - ILE 3919 ;? °?ti 1' ¦`• I??]'i• ,h \ ?Y ii J 8 ?` - r ! fi, ` r. is ?l -.. •,. / * - ?? C, f 7 ej 9) f a o • e-,nw ' /cg' ?• - '_•-^_ l? _ ?,T/ r., `Yt7C rte' l r3; l?r. ,;:. 'ic \?•? ?;,?I Jackson Springfi?el to Lake M? '?I ?I -. --- _ I , Ilam'NeY a°; :_ `? .....1i ..?i_ ?:[+(1 • Bakettown ^J{. .?? /i :I i M P N ?oF? e • i r ?T• ' L , _ ,?5'?4.pc. 1 E ? r ??.t .?: ? " t +Tt Z ?, rt Y ? ?. '? d?' as ? Vim-.' ??M ? ?? I? µ?? ?:? ?5 Y' 3 ?, r 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ,,pFD STgT,3 • A • Z ? q< PRO?GS? REGION 4 Colonel James W. DeLony District Engineer Sam Nunn Atlanta Federal Center 61 Forsyth Street, S.W Atlanta, Georgia 30303 - 8960 ATTN: Mr. John Thomas Raleigh Regulatory Field Office Wilmington District, Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 SUBJ: Mr. Rick Hatch / City of High Point Housing Authority Action ID No. 200121291 Dear Colonel DeLony: NOV 14 2001 rv 2 0 2001 This is in response to the above referenced public notice, dated October 26, 2001, concerning the request for after-the-fact authorization for the culverting of 406 linear feet (0.1 acre) of an unnamed tributary to Richland Creek, northwest of the intersection of Leonard Avenue and Brentwood Street, in High Point, Guilford County, North Carolina. According to the public notice, the purpose of the completed project was to extend the existing storm sewers in the area. No mitigation is proposed. The U.S. Environmental Protection Agency (EPA), Region 4, Wetlands Regulatory Section has reviewed this proposal and recommends that the applicant be required to mitigate for impacts at a 2:1 ratio. Although degraded, the project area and similar streams are important in urban or rapidly developing areas, and may provide opportunities for potential restoration and enhancement of functions such as water quality improvement, flood abatement, sediment retention, and wildlife habitat and food chain maintenance. We understand that the City of Highpoint completed this work in the interest of protecting its inhabitants from safety hazards. We also understand the difficulty in addressing such issues in the urban context. However, EPA is dismayed by the proposed techniques and methods that the City of High Point has chosen to pursue. However, at this time, we will not object to authorization of the project, if appropriate compensatory mitigation is provided. At past meetings in Charlotte and Raleigh, North Carolina concerning the future Environmental Assessment (EA) for similar activities, EPA and the other resource agencies have discussed their intentions that stream stabilization projects become more effective and environmentally and geomorphologically appropriate. This project is in stark contrast with the resource agencies' wishes, by completely removing a stream segment and its valuable functions. Piping the channel eliminated the beneficial functions of the stream which previously existed, such as reduction of water velocity and improvement of water quality. " e 2 Although the water quality and habitat functions of the stream may have been minimal, they were certainly greater than the functions provided by a concrete or metal pipe. Further, the piping of the channel will likely increase the velocity of water, transporting water downstream faster. We note that Richland Creek is listed by the North Carolina Department of Environment and Natural Resources on the 2000 Clean Water Act Section 303(d) list as not supporting its designated use due to fecal coliform from urban runoff and storm sewers. Richland Creek is also considered a high priority for TMDL development, and is classified as a WS-IV (water supply) waterbody. EPA believes that the piping of channels upstream may contribute to the continued degradation of water quality, and prevent Richland Creek from eventually supporting its designated uses. Conversely, the removal of culverts from streams and restoration of upstream reaches, floodplains, and wetlands may assist in the improvement of water quality in Richland Creek. In the future, as an alternative to piping of channels, EPA recommends that the City of High Point consider the opportunity to expand its system of greenways and improve the functions of streams using more appropriate stream restoration/stabilization techniques, such as those proposed by Dave Rosgen (1992). Given adequate land availability adjacent to the stream, the restoration and maintenance of a meandering stream with an associated greenway would provide storm water benefits to the City and the receiving waters, along with aesthetic and societal benefits to the community. The central tendency of a stream is to meander, and a stream with sinuosity is more efficient to move sediment. Even if there is not sufficient buffer area to provide for a meandering stream, EPA believes that there are many more natural alternatives which will provide a larger capacity for water storage and transport, and streambank stabilization. EPA also encourages the City of High Point to incorporate such proposals for effective and geomorphologically-appropriate stream restoration, stabilization, and protection into their storm water program and other land-use planning and management activities, to provide water quality, flood attenuation, habitat, and societal benefits to the City. ERA strongly recommends that the City attempt to avoid future proposals for installation of culvert pipes in existing streams. Thank you for the opportunity to comment on this project. If you have any questions or comments, please contact Kathy Matthews, of my staff, at (706) 355-8780. Sincerely, lak, Chief Ronal 4sSection Wetlacc: USFWS, Raleigh DWQ/NCDENR, Raleigh r' NCWRC, Raleigh l Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Regulatory Division Action ID. 200121291 09/11/2001 Mr. G. Wayne Wright Response to Violation Notification dated September 5 2001, received in my office September 10,'2001. On Monday, August 27,2001 1 spoke with Mr. John Thomas of the US Army Corps of Engineers in Raleigh, NC. Mr. Thomas had advised me that the Housing Authority of the City of High Point was in violation of the clean water .act for culverting a storm sewer located at our Public Housing Community, Carson Stout Homes. This open storm sewer has been subjected to trash collection, sewage spills and a recipient of resident's complaints because of foul odors, occasional decaying animals and unsightly growth. The area was extremely difficult to maintain. In addition to the debris, the open end of the existing pipe posed a safety threat because children were continually playing in the pipe. The pipe runs under ground for an undetermined length. The High Point Police requested something be done to prevent children from entering the pipe. The Housing Authority installed a metal gate. That compounded the problem with trash accumulation after heavy rains. We decided to extend the pipe to connect with the other open end at Leonard Street. The Housing Authontj of the City of Ifigh Point had no intention of code violation based on its naivety: We.were-with the impression that this area was solely storm sewer and not classed as-drinkina'water"supply ? . ` The Housing Authonty of the City of High Point has requested an application for after the fact water quality ceitifiication fr om the USACEon Nlonday'Augusf 27; 2001.` We have not yet received the apphc atom The Housing Authority was not aware of any permit necessary to perform this type of work: 41 ? ,,.may If I can be of„further assistance please, contact me by telephone: f Office; 336-878-2354; Mobile 336442-2557 Sincerely, , Rick Hatch Construction Inspector HPHA State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael Easley., Governor NCDENR Bill Ross, Secretary Gregory Thorpe, Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 11, 2001 DWQ # 011810 --Rick Hatch, Housing Authority of High Point 500 East Russell Ave High_Point,`NC 27261 Dear Mr Hatch: On December 3, 2001, your application for a 404 Permit and 401 Water Quality Certification for a project in Guilford County was forwarded to us by the U.S. Army Corps of Engineers. Please note that you are required to submit your request-for a 401 Water Quality Certification under separate cover to the Division of Water Quality. Also please note that beginning January 1,-1999, the N.C. General Assembly passed legislation requiring payment of a fee for all applications. This fee amounts to $200 for projects . with less than an acre of wetland impact and less than 150 linear feet of impacted stream. For projects with an acre or more wetland impact or 150 feet or more of impacted stream, a fee of $475 is required. In order for DWQ to review and process your request, you must send a check for the appropriate amount made payable to the N.C. Division of Water Quality attached to the applications. Also, seven copies of all application materials sent to the Corps are required for our review. Please call Rob Ridings or Cynd1 Karoly at 919-733-1786 or visit our web site at t, 12o enr state nc us/ncwetlands 1f you have any questions 5 h cc 7 TCentral F,les u John Thomas, USACOE, Raleigh" egulatoryField Office" _ File Co ?. y ?R p Zr? k x mot, ?? -7-: 1 5t P -?_ Wetlands/401 Unit "x'.2321 Crabtree Blvd. Suite 250 _Jweigh North Carolina 27604 Z elephone 919-733 1786 FAX # 733 6893 An Equal opportunity Affirmative Action Employer , 50% recycled/ 10% P°St consumer paper Please remember to forward a copy of your comments on each U.S. Army. Corps of Engineers Public Notice directly to the Corps representative named in the last paragraph of this notice. Work load continues to prevent this office of the Division of Coastal Management from providing a timely coordinated state viewpoint response. Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 1, 2001 MEMORANDUM TO: Mr. Kerr T. Stevens Director Division of Water Quality FROM: Douglas V. Huggett Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 200121291 dated October 26, 2001 describing a proposed project by MR. RICK HATCH, HOUSING AUTHORITY OF THE CITY OF HIGH POINT, GUILFORD CO. - Beaufort Co. is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/22/01. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper I P, y NCDENR North Carolina Department of Environment and Natural Resources Divisiorv of Coastar Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 1, 2001 MEMORANDUM TO: Mr. Kerr T. Stevens Director Division of Water Quality FROM: Douglas V. Huggett Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 200121291 dated October 26, 2001 describing a proposed project by MR. RICK HATCH, HOUSING AUTHORITY OF THE CITY OF HIGH POINT, GUILFORD CO. - Beaufort Co. is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/22/01. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. _ REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date 1638 Mail Serwce Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Aclion Employer-50% Recycled 110% Post Consumer Paper DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 200121291 October 26, 2001 PUBLIC NOTICE MR. RICK HATCH, HOUSING AUTHORITY OF THE CITY OF HIGH POINT, 500 EAST RUSSELL AVENUE, HIGH POINT, NORTH CAROLINA 27261 has requested an after- the-fact Department of the Army (DA) permit TO AUTHORIZE THE DISCHARGE OF FILL INTO THE JURISDICTIONAL WATERS OF AN UNNAMED TRIBUTARY OF RICHLAND CREEK ASSOCIATED WITH THE UNAUTHORIZED EXTENSION OF EXISTING STORM SEWERS LOCATED NORTHWEST OF THE INTERSECTION OF LEONARD AVENUE AND BRENTWOOD STREET, IN HIGH POINT, GUILFORD COUNTY, NORTH CAROLINA. This public notice does not imply, on the parts of the Corps of Engineers or other agencies, either favorable or unfavorable opinion of the work performed; but it is issued to solicit comments regarding the factors on which a final decision will be based. Legal action has been suspended pending the outcome of this consideration. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. The applicant has recently excavated, culverted, and filled approximately 406 linear feet (0.1 acre) of an unnamed tributary of Richland Creek located northwest of the intersection of Leonard Avenue and Brentwood Street. The work begins at the outlet of an existing storm sewer that enters the northwest corner of the property and ends at an exiting storm sewer crossover of Leonard Avenue. The surrounding development and the fact that the worksite is isolated between two existing storm sewers has heavily impacted this headwaters tributary. No jurisdictional wetlands were impacted by this project. The completed fill activities, conducted in waters of the United Sates without authorization by a Department of the Army (DA) permit, are violations of Section 301 of the Clean Water Act (33 U.S.C. 1311). The property has been a long-term nuisance to the community. Uncontrolled trash from curb inlets, high weeds that encourage illegal dumping, drug activity, and a safety hazard for area children playing in the creek and in storm sewers connected to the creek have been source of concern for the Housing Authority and the High Point City Police Department. The applicant has stated that the High Point City Police Department requested that the stream culverting and fill be accomplished due to public health and safety concerns. The Housing Authority has offered no compensatory mitigation for the completed project. Plans showing the work are included with this public notice. A copy of this public notice can be viewed on our web page at t .4 http://www.saw.usace.anny.mil. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will 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 Certificate as required by PL 92-500. 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 site is not 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 has determined, based on a review of data furnished by the applicant and onsite observation, that the activity will not 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) 2 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. 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 NCDEM 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 Wetlands/401 Unit, North Carolina DENR, Division of Water Quality, 2321 Crabtree Boulevard, 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), Wetland/401 Unit, 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before November 19, 2001, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. John Thomas, until 4:15 p.m., November 26, 2001, or telephone (919) 876-8441, Extension 25. 3 :\I o- i'W 54 1 \ / ? ?, I t ? k= / , yy L ..- 4 c / r1 , •' .? e 1 ,?` ,: 17901 /r - • \ ' 1 /F ? ? / L`? - 1 ?/i• "\' 1 N, 111 tl ? 1 1 \ ' •-111 _' ?, 813 d.'?CIL?'tTi?l?? tT•1•• 1 ? ?- ! . ?`' - - ( ?`^ ? ? ?' °..•I `•ar.' ` ` .. _ . 110 'AW =gig 57'30„ 1 {- t g31gCh ,r t J ° 3979, -F, , I r c ' i ? II i i t ?G f- {?' t to a = ' U?J 1 ?. ?? rf BtllJf?FA •? .?? . v '4 r` fa A\ .67 , ?/ { ??/ ?f- _ _._.. r_ // ? al -?,</?' / ? .. 1:99• 9 ..t 311, `/? ?.- • _ 1 ? 4' ? /' ? i ? ..•.. , ? { 41 1. \? '11 Vii. ?•e•• I! ` - _?-' r -:, Mite or? •,; , S rin fi?l `I1 J(?/ ' C. Ailen fey - \' 1-4 -1 1 1 ( fr akertawn -... 1 CL , C7 6 J, / 1 /- -e - - H toi? 1 ?3 QC(?U, f O?3 q h i 2OP 3 3r,F3 HOUSING AUTHORITY OF THE CITY OF HIGH POINT Description 440.IWAT'ER QUALITY CERT. Invoice# GL Dist Amount C:ARSONSTGU 1.0-4r30,.00 475,.00 078289 Deduction Net Amount ` 1. /"IU DETACHED AND PAID, CHECK BECOMES A RECEIPT IN FULL PAYMENT OF ABOVE ACCOUNT, IF NOT CORRECT RETURN WITHOUT ALTE ' 02 IIGTA!" W Q=::nDC IIGDn QlTIhI(]