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:
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HOUSING AUTHORITY
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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
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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
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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
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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
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
,,pFD STgT,3
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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
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John Thomas, USACOE, Raleigh" egulatoryField Office" _
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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,
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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
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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.
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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
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