20030999 Ver 1_COMPLETE FILE_20030811

r
O? \NAT4 Michael F. Easley, Governor
9Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
0 Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 13, 2003
DWQ Project No. 03-0999
Multiple Counties
Division of Coastal Management (DCM)
Attn: Guy C. Pearce, Consistency Coordinator
1638 Mail Service Center
Raleigh, NC 27699-1638
Subject: Project Number DCM03-17, Dated 07/31/03
SCOPING DOC. FOR PROPOSED CLEARING AND SNAGGING-MULTIPLE COUNTIES
Proposed by: U.S. Army Corps of Engineers
Location: Multi County
Dear Mr. Pearce:
On August 11, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your request for "General
Comments / FYI" dated August 7, 2003 in regards to the above listed document. The Wetlands/401 Unit has reviewed
the document and has the following comments.
1. The proposed clearing and snagging project must comply with all applicable Water Quality Standards listed in
15A NCAC 02B .0200 (including but not limited to the Neuse & Tar-Pamlico Buffer Rules) and obtain any
necessary approvals from the DWQ.
2. The proposed clearing and snagging project must comply with all Water Quality Certification regulations listed
in 15A NCAC 02H .0500 and obtain any necessary approvals from the DWQ.
3. The attached "Hurricane Fran Storm Debris Stream Clearing (EWP)" document and "Activities Deemed to
Comply with Wetlands Standards (15A NCAC 02B .0230)" should provide the applicant with a better
understanding of how the regulations listed in the above conditions will apply to this project.
4. For activities performed within the Neuse or Tar-Pamlico River Basins, any disposal of debris should be placed
outside of the 50-foot buffers so as not to disturb existing vegetation or buffer related functions.
5. Removal of debris from the stream and buffers within the Neuse and Tar-Pamlico River Basins can possibly
comply with the buffer rules by using the "Removal of previous fill or debris provided that diffuse flow is
maintained and any vegetation removed is restored" use as defined in 15A NCAC 213 .0233(6) and .0259(6).
This use is designated as "exempt" and does not require prior written approval from the DWQ (15A NCAC 2B
.0233(7) and .0259(7)].
Additional comments will be provided after the DWQ receives the proposed Environmental Assessment. Please
note that this letter does not approve any activity within the buffers. Nor does this letter approve any activity within
Waters of the United States or Waters of the State. If you have any additional questions or require additional
information please feel free to contact me at [phone].
Sincerely,
0
J,??/ ohn Dorney,
Wetlands/401 Unit Supervisor
Attachments: Hurricane Fran Storm Debris Stream Clearing (EWP)
Activities Deemed to Comply with Wetlands Standards (15A NCAC 02B .0230)
cc: DWQ Wilmington & Washington Regional Office
File Copy
Central Files
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)

Hurricane Fran Storm Debris Stream Clearing (EWP)
In response to Hurricane Fran, it has been determined, in conjunction with the U.S. Army
Corps of Engineers, North Carolina Wildlife Resources Commission, and the North Carolina
Division of Water Quality, that debris removal from streams, channels, and other drainage ways
done under the following conditions will not require a Section 404 Permit or State 401 Water
Quality Certification:
1. Removal of debris will be limited to the removal of vegetation and trash, construction and
residential material washed into the stream. Excavation of soil or sediment from wetlands or
streams is prohibited. Uprooted stumps directly in the channel may be pulled from the ground
(no excatvation), but shall include no more than minimal amounts of soil. attached to the roots.
Debris removal is restricted to that associated with Hurricane Fran.
2. Debris shall be disposed of on uplands where practicable.
3. Debris placed in wetlands shall be spread in a manner that does not impede lateral water flow
and should be sufficiently anchored (no excavation or fill) so that material will not be displaced
back into the stream channel.
4. Equipment used will generally include hydraulic excavators equipped with a mechanical thumb
or grapple attact rent, loaders, winches mounted on tracted or rubber-tired equipment, portable
winches, and chain saws.
5. Heavy Equipment working in wetlands must be placed on mats, or other measures must be
taken to minimize soil disturbance.
6. Equipment shall operate adjacent to the stream an not within.the stream unless prior approval
has been granted. Where necessary, trees may be cut for access to work sites, however,
mechanized land clearing will not occur in wetlands at any time. Crossing a stream to access
the opposite ban is permissible, but the crossing sites shall be selected to minimize damage to
the streambank and aquatic habitat.
7. No activity may cause a hazard to navigation.
8. In the event of a spill of petroleum products or any other hazardous waste, it should be
reported to the N. C. Division of Water Quality at [phone], Ext. 526 or (800) 662-
7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control
Act will be followed.
9. The contractee will be responsible for inspection and will ensure that the previously listed
conditions are met.
10. A representative of the Division of Water Quality will perodically inspect the work for
compliance with these conditions and to ensure that water quality and wetland standards are
not being violated. Deviations from these conditions or violations of water quality standards
will likely result in the cessation of work until the problem is resolved.
(A) The facility has reduced its annual average TN loading by 30 percent from its annual average 1991
TN loading or nitrogen is not part of the waste stream above background levels;
(B) The facility has reduced its annual average TP loading by 30 percent from its annual average 1991
TP loading or phosphorus is not part of the waste stream above background levels;
(C) The expansion does not result in annual average TN loading greater than 70 percent of the 1991
annual average TN load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(D) The expansion does not result in annual average TP loading greater than 70 percent of the 1991
annual average TP load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(E) To maintain its exemption from Paragraph (b) of this Rule, a facility must continue to meet the
requirements of Subparagraph (d)(1) Parts (A) through (D) of this Rule.
(2) For municipal facilities:
(A) The facility has reduced its annual average TN loading by 30 percent from its annual average 1991
TN loading;
(B) The facility has reduced its annual average TP loading by 30 percent from its annual average 1991
TP loading;
(C) The expansion does not result in annual average TN loading greater than 70 percent of the 1991
annual average TN load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(D) The expansion does not result in annual average TP loading greater than 70 percent of the 1991
annual average TP load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(E) To maintain its exemption from Paragraph (b) of this Rule, a facility must continue to meet the
requirements of Subparagraph (d)(2) Parts (A) through (D) of this Rule.
History Note: Authority G.S. 143-214.1;
Eff. April 1, 1997.
15A NCAC 02B .0230ACTIVITIES DEEMED TO COMPLY WITH WETLANDS STANDARDS
(a) The following activities for which Section 404 permits are not required pursuant to Section 404(f)(1) of the Clean Water
Act and which are not recaptured into the permitting process pursuant to Section 404(f)(2) are deemed to be in compliance
with wetland standards in 15A NCAC 2B .0231 provided that they comply with the most current versions of the federal
regulations to implement Section 404 (f) (US Environmental Protection Agency and US Army Corps of Engineers including
40 C.F.R. 232.3) and the Sedimentation Pollution Control Act, G.S. 113A, Article 4:
(1) normal, on-going silviculture, farming and ranching activities such as plowing, seeding, cultivating, minor
drainage and harvesting for the production of food, fiber and forest products, or upland soil and water
conservation practices, provided that relevant silvicultural activities must comply with U.S. Environmental
Protection Agency and U.S. Army Corps of Engineers Memorandum to the Field entitled "Application of
Best Management Practices to Mechanical Silvicultural Site Preparation Activities for the Establishment
of Pine Plantations in the Southeast", November 28, 1995 which is hereby incorporated by reference
including any subsequent amendments and editions;
(2) maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable
structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or
approaches, and transportation structures, and other maintenance, repairs or modification to existing
structures as required by the NC Dam Safety Program;
(3) construction and maintenance of farm or stock ponds or irrigation ditches. In addition, new pond
construction in designated river basins with riparian buffer protection regulations also must comply with
relevant portions of those regulations;
(4) maintenance of drainage ditches, provided that spoil is removed to high ground, placed on top of previous
spoil, or placed parallel to one side or the other of the ditch within a distance of 20 feet and spoils are placed
in a manner that minimizes damages to existing wetlands; and ditch maintenance is no greater than the
original depth, length and width of the ditch;
NORTH CAROLINA ADMINISTRATIVE CODE Eff. April], 2003 Page 49
(5) construction of temporary sediment control measures or best management practices as required by the NC
Sediment and Erosion Control Program on a construction site, provided that the temporary sediment control
measures or best management practices are restored to natural grade and stabilized within two months of
completion of the project and native woody vegetation is reestablished during the next appropriate planting
season and maintained;
(6) construction or maintenance of farm roads, forest roads, and temporary roads for moving mining equipment
where such roads are constructed and maintained in accordance with best management practices, as defined
in 40 C.F.R. 232.3 (c)(6)(i-xv), to assure that flow and circulation patterns and chemical and biological
characteristics of the navigable waters are not impaired, that the reach of navigable waters is not reduced,
and that any adverse effects on the aquatic environment will be otherwise minimized.
(b) Where the Director determines, in consultation with the US Army Corps of Engineers or the US Environmental Protection
Agency, and considering existing or projected environmental impact, that an activity is not exempt from permitting under
Section 404(1), or where the appropriate Best Management Practices are not implemented and maintained in accordance with
Paragraph (a) of this Rule, the Director may require restoration of the wetlands as well as imposition of enforcement measures
as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties) and G.S. 143-215.6C (injunctive
relief).
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215; 143-215.3; 143-215.6A; 143-215.0; 143-215.6C,-
Temporary Adoption Eff. November 24, 1999;
Eff. April 1, 2001.
15A NCAC 02B.0231 WETLAND STANDARDS
(a) General. The water quality standards for all wetlands are designed to protect, preserve, restore and enhance the quality
and uses of wetlands and other waters of the state influenced by wetlands; The following are wetland uses:
(1) Storm and flood water storage and retention and the moderation of extreme water level fluctuations;
(2) Hydrologic functions including groundwater discharge that contributes to maintain dry weather streamflow
and, at other locations or times, groundwater recharge that replenishes the groundwater system;
(3) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that would otherwise
adversely impact the quality of other waters of the state;
(4) Shoreline protection against erosion through the dissipation of wave energy and water velocity and
stabilization of sediments;
(5) Habitat for the propagation of resident wetland-dependent aquatic organisms including, but not limited to
fish, crustaceans, mollusks, insects, annelids, planktonic organisms and the plants and animals upon which
these aquatic organisms feed and depend upon for their needs in all life stages; and
(6) Habitat for the propagation of resident wetland-dependent wildlife species, including mammals, birds,
reptiles and amphibians for breeding, nesting, cover, travel corridors and food.
(b) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands identified
in Paragraph (a) of this Rule:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse
impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material may not be present in amounts
which may cause adverse impacts on existing wetland uses;
(3) Materials producing color, odor, taste or unsightliness may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(4) Concentrations or combinations of substances which are toxic or harmful to human, animal or plant life may
not be present in amounts which individually or cumulatively may cause adverse impacts on existing
wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally present
in wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natural water temperature variations;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
NORTH CAROLINA ADMINISTRATIVE CODE Eff. April 1.2003 Page 50
dQe.
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt; Director William G. Ross Jr., Secretary
08/07/03 'V`ANDS11ROUr
MEMORANDUM AUr7 I q 2003
To : Mr. John R. Dorney tVATERQUAI I
NC DENR I'ILa T?S?C,°IA?
Division of Water Quality
1621 Mail Service Center
Raleigh, NC 27699
Q
From: Guy C. Pearce, Consistency Coordinatonv
Subject: Project Number DCM03-17, Dated 07/31/03
SCOPING DOC. FOR PROPOSED CLEARING AND SNAGGING.MULTIPLE COUNTIES
Proposed by: U.S. Army Corps of Engineers
Location: Multi County
The above listed document is being circulated to you for
-review and comment by 08/27/03.
Type.of Review Requested:
General Comments / FYI
_ Determination of Permits Needed / Land Use Plan Issues
NEPA / NCEPA Comments
Preliminary Federal / State Consistency Comments
Federal / State Consistency Comments
Please contact me before the response due date if
additional. review time is needed. Thank you.
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed,-,-
/3 0 3
Date
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity\ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper
imap://bob.zarzecki %4Odwq.denr.ncmail.net @ cros.ncmail.net:143/fe...
Subject: Re: USACE Snagging Project
From: Noelle Lutheran <[e-mail]>
Date: Wed, 20 Aug 2003 12:38:39 -0400
To: Bob Zarzecki <[e-mail]>
Bob, I just plan on telling them that they need to follow our snagging
guidelines. I will count on you to make buffer comments although I will
reference your comments. It is a Prelim EA. The problem I am having is we
comment before the EA now, after the EA, and at the time of permitting.
These prelim EA comments are getting a little out of hand. Anyway, Thanks!
Noelle
Bob Zarzecki wrote:
Tom & Noelle:
Re: USACE Snagging Project (DCM Project No. DCM03-17, Dated 07/31/03)
I'm not sure if your offices were sent a copy of this document to
review. I sent a faxed copy to you around 12:30 today. The document
consisted of a two page memo from the USACE to DCM concerning the
preparation of an EA for clearing and snagging operations within the
Intercoastal Waterway and several rivers (including the Neuse and
Tar-Pamlico). Woody debris would normally be placed within 50 to 75
feet of the streambank or on the high banks of the river. I'm thinking
of sending them our snagging policy document and require that all debris
be placed outside of the buffers (Neuse & Tar-Pamlico only). Please
review and provide any comments to me via this email so that I can
incorporate them into our comments. Feel free to comment separately for
your office if you were sent a copy. I need your comments by 8/22/03 or
earlier. Thanks.
- Bob
Noelle Lutheran <[e-mail]>
1 of 1 8/20/2003 2:55 PM
mailbox:///CI/Documents%20and%20Settings/bob_zarzecki/Applicat...
Subject: USACE Snagging Project
From: Bob Zarzecki <[e-mail]>
Date: Wed, 13 Aug 2003 12:41:00 -0400
To: tom steffens <Tom. Steffens 9 ncmail.net>, Noelle Lutheran <[e-mail]>
Tom & Noelle:
Re: USACE Snagging Project (DCM Project No. DCM03-17, Dated 07/31/03)
I'm not sure if your offices were sent a copy of this document to review. I sent a
faxed copy to you around 12:30 today. The document consisted of a two page memo from
the USACE to DCM concerning the preparation of an EA for clearing and snagging
operations within the Intercoastal Waterway and several rivers (including the Neuse
and Tar-Pamlico). Woody debris would normally be placed within 50 to 75 feet of the
streambank or on the high banks of the river. I'm thinking of sending them our
snagging policy document and require that all debris be placed outside of the buffers
(Neuse & Tar-Pamlico only). Please review and provide any comments to me via this
email so that I can incorporate them into our comments. Feel free to comment
separately for your office if you were sent a copy. I need your comments by 8/22/03
or earlier. Thanks.
- Bob
1 of 1 8/13/2003 12:41 PM
..:.:........
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
Coleen R Sullins, Deputy Director
Division of Water Quality
. Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address:
Mailing Address:
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Tin S? , (...)C.`-®
Fax To: ?0
Company: D"
Number of pages including cover sheet:
Fax #:
W,ev 257-- ct%.-9z1S
Q-z Q-U 0.t o '3? - 2.00H
Date: 3/(-310-3
Notes or special instructions:
tom- re.crt?lt,,r t b? a l2z ?az cn

N. C. Division of Water Quality, 401 Wetlands. Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httpJ/h2o.enr.state.nc-us/ncwetlands
d
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
08/07/03 r ETIAN 91 1 GR
1 CUF
MEMORANDUM ??17 1?l)3
To:"
o : Mr. John R. Dorney "11ATERQUALITY
NC DENR SECT'ON
Division of Water Quality
1621 Mail Service Center
Raleigh, NC 27699
From: Guy C. Pearce, Consistency Coordi.natort-W.)
Subject: Project Number DCM03-17, Dated 07/31/03
SCOPING DOC. FOR PROPOSED CLEARING AND SNAGGING-MULTIPLE COUNTIES
Proposed by: U.S. Army Corps of Engineers
Location: Multi County
The above listed document is being circulated to you for
review and comment by 08/27/03.
Type of Review Requested:
General Comments / FYI
Determination of Permits Needed / Land Use Plan Issues
_ NEPA / NCEPA Comments
Preliminary Federal / State Consistency Comments
Federal / State Consistency Comments
Please contact me before the response due date if
_additional review time is needed. Thank you.
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO 31 July 2003 EVER
Environmental Resources Section
Dear Sir or Madam:
AUG 0 4 2003
[ OFCOAITALMANAGEMEW
RAWSH
The U.S. Army Corps of Engineers, Wilmington District, is proposing to prepare an
Environmental Assessment for clearing and snagging operations in the federal project areas that
include:
Atlantic Intracoastal Waterway (AIWW)
Lockwoods Folly River
Pasquotank River
Shallotte River
Cape Fear River below Fayetteville
Cashie River below Windsor
Chowan River below Winton
Neuse River below New Bern
New River below Jacksonville
Pamlico and Tar Rivers below Greenville
Roanoke River below Palmyra Landing
We are requesting comments from agencies, interest groups, and the public to identify
and discuss significant resources and issues of concern. Comments received in response to this
letter will be considered during our studies to address potential impacts of clearing and snagging
operations on the environment.
Clearing and snagging generally involves the removal of debris and hazards from
navigation channels that may prevent/hamper the safe passage of transiting vessels. Work is
generally conducted from the snagboat while operating within the river channel or waterway.
v
-2-
. Snagging consists of the removal of objects in the navigation channels (i.e., snags, trees,
log jams, and debris), and overhanging or leaning trees that are in danger of obstructing
navigation. Only materials obstructing the navigation channel are removed. Wood debris
removed by the snagboat is placed within 50-75 feet of the streambank or on the high banks of
the river. No channel excavation work (i.e., removal of sediments) is associated with the work.
Historically these operations have been conducted throughout the year, with some areas
requiring infrequent operations.
Please mail your written comments to arrive within 30 days from the date of this letter in
order that they may be considered during our evaluation and decision process. Comments should
be addressed to the District Engineer, Attention: Mr. Stacy Samuelson (CESAW-TS-PE), U.S.
Army Corps of Engineers, Wilmington District, Post Office Box 1890, Wilmington, North
Carolina 28402-1890. If you need additional information, please contact Mr. Samuelson at
[phone] or by electronic mail at [e-mail].
Sincerely,
W. Coleman Long
Chief, Planning and Environmental Branch