HomeMy WebLinkAbout19870124 Ver 1_COMPLETE FILE_19870507
r
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
May 7, 1987
Mr. H. Ralph Kennedy
City Manager
City of Havelock
P.O. Box 368
Havelock, NC 28532
R. Paul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Entrance Roadway
City of Havelock
Tributary to Cahooque creek
Craven County
Dear Mr. Kennedy:
Attached hereto are two (2) copies of Certification No. 2071
issued to City of Havelock dated May 7, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Sigled BY
. William G. Mills.
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
W shington Regional Office
LMr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Craven County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to City of Havelock pursuant to
an application filed on the 23rd day of March, 1987 to construct an
entrance roadway from N.C. Highway 101.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Cohooque Creek in conjunction with the proposed roadway construction
in Craven County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 7th day of May, 1987.
DIVISION OF ENVIRCM ENTAL M WEMENT
origin a,
William 1L.
Hr?zg
For
R. Paul Wi]ms,,Director
WQC# 2071
r
STME
ww
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
May 7, 1987
Mr. H. Ralph Kennedy
City Manager
City of Havelock
P.O. Box 368
Havelock, NC 28532
R. Paul Wilms
Director
Subject: Certification pursuant to Section
401 of the Federal Clean Water Act,.
Proposed Entrance Roadway
City of Havelock
Tributary to Cahooque Creek
Craven County
Dear Mr. Kennedy:
Attached hereto are two (2) copies of Certification No. 2071
issued to City of Havelock dated May 7, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original c-; .,? By
William C. (vials
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
f ...
o
NORTH CAROLINA
Craven County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to City of Havelock pursuant to
an application filed on the 23rd day of March, 1987 to construct an
entrance roadway from N.C. Highway 101.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Cohooque Creek in conjunction with the proposed roadway construction
in Craven County will not result in a violation of applicable water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition (s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
. This Certification shall became null and void unless the above
conditions are made conditions of the Federal Permit.
This the 7th day of May, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Ofiginal Signed By
William C, Mills
For
R. Paul Wilms, Director
WQC# 2071
f.
• of Pn?dvrk
"Serving Eastern Carolina's Largest Inftstry"
P. O. Box 388
Pain lark, Yart4 Carolina
28532
PHONE 919.447.8152
March 20, 1987
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources & Comm. Development
P. O. Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Please find enclosed the two copies of Application for Water Quality
Certification in conjunction with the minor road crossing permit issued by
the Corps of Engineers on March 6, 1987 (copy attached).
Your most expedient attention to this matter will be greatly appreciated
as we need to move as quickly as possible to gain access to our property.
Should you have questions or need additional information, you may contact
me at (919)447-8152.
Since ,
H. Ralph Ken
City Manager
HRK/vmw
i
3y
Enclosures
*f' FOR
PERMIT TO EXCAVATE AND/OK FILL WATER QUALITY CERTIrICATION .XX
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR.MAJOR DEVELOPMENT
tpa?tment of Administration State of No(th Carolina Department of the Army
.S 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229,143-215.3(a)(1). 143.215.3(c), 113A•119 (33CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in Kink..
L Applicant Information
A. Name City of Havelock
Last First Middle .
B. Address P.O. Drawer 368
Street, P. O. Box or Route
Havel.ock,•North Carolina 28532 (919)447-8152
City or Town State Zip Code Phone
If. Location of Proposed Project: '
A. County Craven.
B. 1. City, town, community or landmark Havelock adjoining Rosier Bell School Property _
2. Is proposed work within city limits? Yes No X Contiguous to City Limits-Highway 101
Tributary to
C, Creek, river, sound or bay upon which project is located or nearest named body of water to project
Cohooque Creek
111. Description of Project
A. 1. Maintenance of existing project 2. New work X M nor•road crossing
S. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin Icpgth width depth
3. Fill arcs" length width_______depth
4. Other Minor Roadway length 25 r width 60' w depth 2.5
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)
.2. Type of bulkhead constrULtion (material) N/A
D. Excavated material (total for project)
1'. Cubic yards 0 2. Type of material N/A
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards Less than 200 2, Type of material Comoacted sand clay
IV. Land Type. Disposal Area, and Construction Equipment:
A. Dues the area to be exc.tvated include any marshland, swamps or other wetland? Yes No N/A
6. Ducs the disposal area include any marshland, swamps or other wetland? Yes-No N/A--
C. Disposal Arta N/A_ a :
1. Location
2. Do you claim title to disposal area? N/A
D,. Fill matcrial source if fill is to be trucked in Sand cl..4from local borrow t
E:' How will excavated material be entroppcJ and erosion controlled? N/A
cl?hoe
ypc of equipment lu be used d. r tor. r der
Will nmr?hland be trussed in transporting equipment to project site? If yes, explain No
- PLEASE 13€-SURE TIIAT: - Both-copies arc completed - -- -
- All blanks arc filled in
- - You have signed both topics .
If you have any questions please call your regional field office.
Mail gr copy to: ,
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmin_vt_oA N. C. 25402
(Note: attach Corps transmittal letter)
' Phone: 919/343.4631
AND '
Mail one copy. to your regional field office as indicated on the map below:
East of Chowan River and north of Albemarle Soi:r-
"'?.? T;c` to Virginia border, including northern Dare Coun:
r Gates and outer banks to Ocracoke Inlet.
o? °'?? ?? Mana ement
:howan River and south of Pamlico Rivers Hertford Coastal Field Services
`103 S. tiVater Street
couthen? half of Beaufort County: 1 --- . r
1 v, Elizabeth City, NC 27909
tl Management Field Services j .10 ' 919/338-0206
re t-, Brt?e
14. Market N Street
?ton, NC 27589
G t
46-6481 ? 1 %7Washinpton,/Tyrrell A ?.A
Beaufort
f Hyde
Craven
?. Pamlico j
w1
South of Pamlico River and Beaufort County to
Onsiow New River including barrier islands from Ocracoke
Inlet to north of New River Inlet.
t Coastal Management Field Services
Pander P. O. Box 769
Morehead City, NC 28557
?,? ; 919/733-2160 or 726.7021
t?
Flinu er South of New River Inlet to South Carolina border,
r` r
Brunswick Coastal Management Field Services
7225 Wrightsville Avenue
t Wilmington, NC 28.103
fi? 9191256.4161 .
?:?Cnucu ?J SC Uf Y 1UtCLI OWCA JVC)61 IUet i - . -
A. 1. Private
Commercial
3. Housing Development or Industrial
4. Other Recreation
B. 1. Lot size(s)
50 acres
2. Elevation of lot(s) above mean high water
25.9
3. Soil type and texture Johnston & Muckalee
4. Type of building facilities or structures Recreation Pavilions and Athletic Fields
5. Sewage disposal and/or waste water treatment A. Existing Planned Force main into City System
B. Describe (W.W.T.P. )
6. *Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY -RURAL X
CONSERVATION OTHER (See CAh1A Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Qu ality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_ No X_
2. Type of discharge .
3. Location of discharge Unknown (Nil)
'I1. Present rate of shoreline erosion (if known):
11. List permit numbers and issue dates of previous Department of Army Corps of En;ineers or State permits for
work in project area, if applicable: Nationwide Permit #14 March 6 1987 --
X:3:Length of time required to complete project: 2 days
)LYJn addition to the completed application form, the following items must be provided:
A. Attach a copy of the decd (with State application only) or other instrument under which applicant N/A
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for
details). Note: Original drawings -preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowner-, by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served N/A
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N/A
;I. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
1. Any permit issued pursuant to this application will allow only the development described in this appli-
cation :ind plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, in, luding construction, excavation, filling, and land clearing.
t Applicant's Sibnat c
t
y
jo
c
c
r
c
c
F
r
Cn
O
n
CrJ
"'
z o x
o tzj
? o
z
x rn
?
z H z
ro
? n ? a
tod
n O
cn
o ? z
a
?
x x a
cn z
d N
? V
??
C17
n ? N
H oo O
O V O
,?
i _
D 00' sti
.24047Z-.
z
? o
a c
o
•I r
N x
F-i
czi
I w
o
I ~ O
m a.
m ?AI ? IVY
? ? (fit p N
m
CL
n C7
I x '
m
Cl)
1+
I
f
n
x
x
D ?
'i
Z 0
O r=
O
H
0
a
r
t?
H1?Y o?v d%s
tr ?r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 6, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: Nationwide Permit No. 14
City of Havelock
Attention: Mr. Ralph Kennedy, City Manager
Post Office Drawer 368
Havelock, North Carolina 28532
Dear Mr. Kennedy:
Thank you for your inquiry of March 3, 1987, regarding your
plans to develop an approximate 50-acre parcel of property located
on the south side of Highway 101 just east of the Roger Bell
Elementary School in Havelock, Craven County, North Carolina.
During your onsite meeting with Mr. Lee Pelej of the U.S.
Environmental Protection Agency and Mr. David Baker of my staff,
it was determined that your 60-foot ROW entrance driveway would
involve the discharge of fill material into a tributary of
Clubfoot Creek as well as its adjacent wooded wetlands. The
remaining acreage,,.__dominated by a young loblolly pine stand, is
not subject to our Section 404, Clean Water Act, regulatory
jurisdiction.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. A "minor road crossing fill" is defined as a
crossing that involves the discharge of less than 200 cubic yards
of fill material below the plane of ordinary high water.
Authorization was provided for minor road crossing fills including
all attendant features, both temporary and permanent, that are
part of a single and complete project for crossing of a non-tidal
waterbody, provided that the crossing is culverted, bridged or
otherwise designed to prevent the restriction of, and to withstand
expected high flows and provided further that discharges into any
wetlands adjacent to the waterbody do not extend beyond 100 feet
on either side of the ordinary high water mark of that waterbody.
.
-2-
For this nationwide permit to be valid, you must comply with
the following conditions:
a. Any discharge of dredged or fill material will not occur
in the proximity of a public water supply.
b. The activity will not jeopardize a threatened or
endangered species as identified under the Endangered Species Act,
or destroy or adversely modify the cultural habitat of such
species.
c. The activity will not significantly disrupt the movement
of those species of aquatic life indigenous to the waterbody.
d. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. If the activity may adversely affect historic properties
which the National Park Service has listed on, or determined
eligible for listing on, the National Register of Historic Places,
or if significant historic properties are encountered before or
during work, the permittee will notify the District Engineer.
g. An individual State water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
permit.
h. The following management practices will be followed to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict or impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters .
-3-
(4) If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on
mats.
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
If you have--:questions, please contact David Baker, Regulatory
Branch, telephone (919) 343-4642.
Sincerely,
Cha 1 s W. ylis
,hie , Regul ory Branch
a
r
-3 FOR
tERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION XX
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOP, MAJOR DEVELOPMENT
apartment or Administration State of No(th Carolina Department of the Army
IS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113.229, 143.215.3(a)(1), 143.215.3(c), 113A•119 (33CIF R 209.320.329)
Please type or print and fill in all blanks. If information is trot applicable, so indicate by placing N/A in blank.
L Applicant Information
A. Name City of Havelock
Last First Middle .
B. Address P.O. Drawer 368
Street, P. 0. Box or Route
Havelock,-North Carolina 28532 (919)447-8152
City or Town State Zip Code Phone
If. Location of Proposed Project:
A. County Craven.
B. 1. City, town, community or landnark Havelock adjoining Roger Bell School Property
2. Is proposed work within city limits? Yes No X Contiguous to City Limits-Highway 101
Tributary to
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Cohoonue Creek
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work X Minor. road crossing
S. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin Iepgth width depth
3. Fill area' length width depth
4. Other Minor Roadway length 25 r width h0 r depth 2.5'
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)
.2. Type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1'. Cubic yards 0 2. Type of material N/A -
E. Fill material to be placed below MHW (see also V1. A)
1. Cubic yards Less than 200 Type of material Compacted sand clay
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No NIA
B. Does the dispo-ol area include any marshland, swamps or other wetland? Yes No N A
C. Disposal Area N/A _
1. Location
2• Do you claim title to disposal area? N/A
Dl. Fill material source if fill is to be trucked in Sand clay from local borrow t
E.' How will excavated material be entrapped and erosion controlled? N/A
f•
ype of equipment to he used dozer riotor2rader backhoe
(t, Will marshland be crussrd in transporting equipment to project site? If ycs, explain No
•; s.w
t;
PLEASE BE SURE THAT: -Both copies arc completed
--- - r All blanks arc filled in
You have signed both topics.
If you have any questions please call your regional field office.
Mail Q copy to:
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890 '
Wilmington, N. C. 23402
(Note: attach Corps transmittal letter)
Phone: 9191343.4631 ----- ---- ------=-----------------'------------------- ----- ------------- -
AND
Mail one copy. to your regional field office as indicated on the map below:
East of Chowan River and north of Albemarle Soi:r-
"'?.? ?,G to Virginia border, including northern Dare Coup:
r Gates t-'q and outer banks to Ocracoke Inlet.
.f o? dsoG a, `? Coastal Management Field Services
:ho:ran River and south of Pamlico Rivers Hertford Pao\,;fd 103 S. Water Street
outhern half of Beaufort County: ;1 - %v s•?r ? Elizabeth City, NC 27909
d Management Field Services j ?0101- s 919/338-0206
'J. Market Street Bettie 0?
.g ton, NC 27889
46-6481
j Washington )Tyrrell A
Beaufort
( r Hyde 1
1N
Craven
\vl pamli?o j
South of Pamlico River and Beaufort County to
fOnslow ?'? Ga` toy New River including barrier islands from Ocracoke
Ns? I nlet to north of New River Inlet.
Coastal Management Field Services
Perfor ` P. O. Box 769
Morehead City, NC 28557
919/733.2160 or 726.7021
.?
Now
H,rnover South of New River Inlet to South Carolina border,
Brunswick Coastal Management Field Services
I ; 7225 Wrightsville Avenue
t _ Wilmington. NC 28.103
9191256.4161
t=
,wl. A. ?l. Private
- r2. Corimmerciai
3. Housing Development or Industrial
4. Other Recreation
8. 1. Lot site(s) 50 acres
2. Elevation of lot(s) above mean high water 25.9
3. Soil type and texture Johnston & Muckalee
4. Type of building facilities or structures Recreation Pavilions and Athletic Fields
5. Sewage disposal and/or waste water treatment A. Existing Planned Force main into City System
8. Describe (W.W.T.P. )
6. 'Land Classification'(eircle one) DEVELOPED TRANSITIONAL COMMUNITY -RURAL X
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
-
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_No_X
2. Type of discharge .
3. Location of discharge Unknown (Nil)
Vil. Present rate of shoreline erosion (if known):
fill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: Nationwide Permit #14 March 6 19§7
IXIYLength of time required to complete project: 2 days
X.X1n addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant N/A
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served N 7A
0. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N/A
Xl• Certification requirement: I "certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
:11. Any permit issued pursuant to this application will allow only the development described in this appli-
cation Mid plat. Applicants should therefore describe in the application and plat all anticipated devel-
opmck activities, including construction, excavation, filling, and land clearing.
E
• t Applicant's Signatu
t
'82 - SEE REVERS[ SME FOR MAIUENG 1l4SMUCTIONS
w
j r
TRUE NORTH }
O
a
x
O
E-+
O
3
: o
o z
}
Ca
3
cv
-- - -. a
I
+1
f
N
W I
cn Co o w ?a ? -
a W ? >: F-
d' 0 I p : Z
N 0to Io
tN ti.I? m
'm _.
IN N
I
I ?
LJLJ
Q<
. V
.o
O i
Rf
O C7
tp ( H
ta
x to
U
O M
P4
a
W A
x O
LLa
E"' O
H
/ fs , 00 '98/
x.
^ O
0 0
o
N rn U
II
?
w
N A
A ^
a O
Z
O En
04
H
U
04 01 U
a
W E-4 Z
x
O O z x
z w
w o
U U
C 3
x
w w cn
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 6, 1987
SUBJECT: Nationwide Permit No. 14
City of Havelock
Attention: Mr. Ralph Kennedy, City Manager
Post Office Drawer 368
Havelock, North Carolina 28532
Dear Mr. Kennedy:
Thank you for your inquiry of March 3, 1987, regarding your
plans to develop an approximate 50-acre parcel of property located
on the south side of Highway 101 just east of the Roger Bell
Elementary School in Havelock, Craven County, North Carolina.
During your onsite meeting with Mr. Lee Pelej of the U.S.
Environmental Protection Agency and Mr. David Baker of my staff,
it was determined that your 60-foot ROW entrance driveway would
involve the discharge of fill material into a tributary of
Clubfoot Creek as well as its adjacent wooded wetlands. The
remaining acreage, dominated by a young loblolly pine stand, is
not subject to our Section 404, Clean Water Act, regulatory
jurisdiction.
. For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. A "minor road crossing fill" is defined as a
crossing that involves the discharge of less than 200 cubic yards
of fill material below the plane of ordinary high water.
Authorization was provided for minor road crossing fills including
all attendant features, both temporary and permanent, that are
part of a single and complete project for crossing of a non-tidal
waterbody, provided that the crossing is culverted, bridged or
otherwise designed to prevent the restriction of, and to withstand
expected high flows and provided further that discharges into any
wetlands adjacent to the waterbody do not extend beyond 100 feet
on either side of the ordinary high water mark of that waterbody.
-2-
For this nationwide permit to be valid, you must comply with
the following conditions:
a. Any discharge of dredged or fill material will not occur
in the proximity of a public water supply.
b. The activity will not jeopardize a threatened or
endangered species as identified under the Endangered Species Act,
or destroy or adversely modify the cultural habitat of such
species.
c. The activity will not significantly disrupt the movement
of those species of aquatic life indigenous to the waterbody.
d. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. If the activity may adversely affect historic properties
which the National Park Service has listed on, or determined
eligible for listing on, the National Register of Historic Places,
or if significant historic properties are encountered before or
during work, the permittee will notify the District Engineer.
g. An individual State water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
permit.
h. The following management practices will be followed to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict or impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters .
.el
-3-
(4) If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on
mats.
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
If you have questions, please contact David Baker, Regulatory
Branch, telephone (919) 343-4642.
Sincerely,
Chte, W. lis
h6Reory Branch