20061073 Ver 2_More Info Received_20080717

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IN REPLY REFER TO
Regulatory Division
Action ID No. 2008-02132
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
July 15, 2008
Mr. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:
Enclosed is the application of Mr. Jennings Outlaw, Caswell Center for Department of the
Army authorization and a State Water Quality Certification to culvert and fill 720 linear feet of
channelized stream to alleviate safety concerns and erosion problems at the Caswell Center, at
the corner of Vernon Avenue and Hull Road, in Kinston, Lenoir 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 the proposed activity 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. A Department of the Army permit will not be granted
until the 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 September 12, 2008, the District Engineer will
deem that waiver has occurred.
RD [Eg[RU
s
JUL I 7 2008
t
WETLANDS ANDSTORMWATER BRANCH
Thank you for your time and cooperation. Questions or comments may be addressed to Mr.
David Shaeffer, of my Washington Regulatory Field Office staff, telephone [phone] ext.
30.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington 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
Caswell Center
Attention: Mr. Jennings Outlaw
2415 W. Vernon Avenue
Kinston, NC 28504
North Carolina Department of Health and Human Services
Attention: Ron Fuller
2001 Mail Service Center
Raleigh, North Carolina 27699-2001
Michelle Clemments, P.E.
Post Office Box 7305
Greenville, North Carolina 27834
2
1 I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: 07/15/2008
Comment Deadline: 08/15/2008
Corps Action ID #: SAW- 2008-02132
The Wilmington District, Corps of Engineers (Corps) has received an application from
North Carolina Department of Health and Human. Services seeking Department of
the Army authorization to impact 720 linear feet of stream associated with installing a
culvert to alleviate safety concerns and erosion problems at the Caswell Center in
Kinston, Lenoir County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.anny.mil/wetlands
Applicant:
AGENT (if applicable):
Authority
North Carolina Department of Health and Human Services
Attention: Ron Fuller
2001 Mail Service Center
Raleigh, North Carolina 27699-2001
NC DHHS, Caswell Center
Mr. Jennings Outlaw
2415 W. Vernon Avenue
Kinston, NC 28504
Michelle Clemments, P.E.
Post Office Box 7305
Greenville, North Carolina 27834
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures Section 404 of the
Clean Water Act (33 U.S.C. 1344).
Location
The project is located at the Caswell Center, a 750 acre property on the north side of US
70 Business at the corner of US 70 Business and North Carolina State Road 1557, in and
adjacent to an unnamed stream, tributary to the Neuse River, in Kinston, Lenoir County,
North Carolina (35.2735 -77.6124).
Existing Site Conditions
The project is located within an existing channelized stream bed on the east side of the
Caswell Center campus. The Caswell Center is a facility which provides services to
individuals with mental retardation and their families. Staff at the center provides
services to 450 residents and additional individuals who reside in the community. The
campus contains schools, medical services, residence halls and administrative buildings.
The site is located in a developed section of Kinston, adjacent to the Vernon Park Mall.
Adjacent land use includes residential, commercial and agricultural. A majority of the
existing stream has been culverted in the past, and portions of the Vernon Park Mall and
Caswell Center were constructed over the culverts.
Applicant's Stated Purpose
The stated purpose of the project is to remove a safety hazard on the Caswell Center
campus and to stop erosion and incision of the existing channel.
Project Description
The applicant proposes culvert and fill the subject stream located on the east side of the
property, adjacent to the Vernon Park Mall. Work includes installation of 720 feet of
culvert within the channelized and incised stream. Approximately 580 cubic yards of fill
material will be placed below the ordinary high water mark, filling of 0.17 acres of
jurisdictional waters. No wetlands will be impacted by this work.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice combined with the appropriate application
fee at the North Carolina Division of Water Quality in Raleigh will constitute initial
receipt of an application for a 401 Water Quality Certification. A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of
the date of the receipt of this notice in the NCDWQ Central Office. Additional
information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
08/11/2008.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both.protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
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 discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; 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.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, 08/15/2008. Comments
should be submitted to Mr. David L. Shaeffer, US Army Corps of Engineers, Post Office
Box 1000, Washington, North Carolina 27889.
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