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Home My WebLink About20060307 Ver 1_USACE Comments_200511230 l.o _ C 3.~; `1 IN REPLY REFER TO Regulatory Division Action ID No. 200610086 DEPARTMENT OF THE ARMY n.-- WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. Box 1890 Wilmington, North Carolina 28402-1890 November 18, 2005 Mr. J. D. Brickhouse Tyrrell County Administrator Post Office Box 449 Columbia, North Carolina 27925 Dear Mr. Brickhouse: o~~ o D ~~~ NQ~ ~ 3 2p05 W~,~cE~~'~" ~p This correspondence confirms our meeting on November 3, 2005, regarding Tyrrell County's proposal to undertake reconstruction of the upper portion of the Riders Creek channelization project, including Lateral A, east of Levels Road, in Columbia, Tyrrell County, North Carolina. Also in attendance was Mr. Tom Steffens of my staff and Mr. Kirby Ballance, Natural Resources Conservation Service. This correspondence also confirms our November 7, 2005, telephone conversation with Mr. Ballance regarding our request for additional historic information pertaining to this project. The meeting revealed that the Riders Creek channelization project dates back to 1914 and no maintenance excavation has been undertaken since the canal was originally dug. Consequently, a majority of the project has silted in and shallow emergent, herbaceous vegetation has reestablished within both of the channels. The proposed project is located upstream of Levels Road and involves the excavation of 4,400 linear feet of Riders Creek and 3,8001inear feet of Lateral A and will impact high quality, riverine swamp wetlands. You also propose to undertake this work with a trackhoe. Given the organic nature of the soils, it maybe very difficult to use this type of equipment. Additionally, the loose nature of the spoil material will be very difficult to manage and will likely slough into adjacent waters and wetlands greatly expanding the project's impacts. As discussed, a Department of the Army (DA) individual permit will be required to undertake this reconstruction work and based upon our experience with similar projects within similar areas, this authorization maybe difficult to obtain. Should you wish to proceed with the project, there is additional information that must be submitted. On February 6, 1990, the DA and the U. S. Environmental Protection Agency signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practicable alternative; second, taking appropriate and practicable steps to reduce impacts on waters and wetlands; and finally, compensating for any remaining unavoidable -2- impacts to the maximum practicable extent. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practicable steps to reduce wetland losses. Please indicate all that you have done, especially regarding modification of plans and proposed construction techniques, to reduce adverse impacts. c. The MOA requires that appropriate and practicable compensatory mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practicable minimization has been employed. Please show your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practicable measures. This information is essential to our expeditious processing of your application. A copy of this information must also be sent to the North Carolina Division of Water Quality to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Thank you for your time and cooperation. Enclosed, please find a Department of the Army permit application form (ENG Form 4345) and list of instructions for completing the form. If you have any questions, please contact Mr. Steffens at the Washington Regulatory Field Office, telephone (252) 975-1616, extension 25. Sincerely, ~~~ ~r ~- David M. Lekson, P.W.S. Chief, Washington Regulatory Field Office Enclosures -3- Copies Furnished (without enclosures): Mr. Kirby Ballance Natural Resources Conservation Service Columbia Field Office Post Office Box 162 Columbia, North Carolina 27925-0162 Mr. Willie Mac Carawan Tyrrell County Post Office Box 449 Columbia, North Carolina 27925 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 -4- Mr. Terry Moore, District Manager Division of Coastal Management North Carolina Department of Environment and Natural Resources 943 Washington Square Mall Washington, North Carolina 27889 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421