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HomeMy WebLinkAbout19890019 Ver 1_Complete File_19890101IMPORTANT MESSAGE TO -mi /l z' DATE T I N I E W I E YOU WE E OQT ?jo Nl OF Area Code 1 ?T & Exchango ? -2-1,2 -2-r> TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Illessage Operator L J STA 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 R. Paul Wilms William W. Cobey, Jr., Secretary Director February 2, 1989 Mr. Lawrence J. Bayer, Jr. Bayer Jr. Builders, Inc. P.O. Box 246 Havelock, NC 28532 Subject: Proposed Fill in Headwaters or Isolated Wetlands South Forest Subdivision Craven County Dear Mr. Bayer: Upon review of your request for Water Quality Certification to place fill material in a wetlands area adjacent to a tributary to East Prong Slocum Creek, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2176 issued November 4, 1987. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact Bill Mills at 919/733-5083. Sincerely, 4RZaul Wilms RPW/dkb Attachment cc: Wilmington District Corps of Engineers Washington Regional Office P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E INFORMATION SHEET - NATIONWIDE PERMIT 26 1. Nationwide permit 26 authorizes the discharge of dredged or fill material which will cause the loss or substantial adverse modification of less than 10 acres of (1) non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that'are located above the headwaters; and (11) other non-tidal waters of the U.S., including adjacent Weclands, that are not part of a surface tributary system (i.e., isolated waters). The district engineer must be notified if the discharge will cause the loss or substantial adverse modification of 1 to 10 acres of such waters. 2. The applicant shall not begin discharges requiring pre-discharge notification under nationwide permit 26: a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the district or division engineer, or b. If notified that an individual permit may be required, or c. Unless 20 days (calendar) have passed from the time the notification is received by the district engineer and no notice has been received from the district or division engineer.. 3. Notification under NWP 26 must be in writing and include the following: a. Name, address and phone number of applicant; b. Location of the planned work; c. Brief description of the proposed work, its purpose, and the approximate size of the waters, including wetlands, which would be lost or substantially adversely modifiedlas a result of the i cork; and d. Any specific information required by the nationwide permit and any other information that the applicant believes is appropriate. e. Applicant is required to obtain a Section 401 Water Quality Certification from the State of North Carolina for NWP 26 to be valid. Applicant should furnish a copy of the certification with the pre- discharge notification to the Corps of Engineers. To obtain a Section 401 certification, applicant should contact: Mr. William Mills Water Quality Section Division of Environmental Management N.C. Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 li SAW26-87- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26 NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions listed in Section B. (below) are not met, the applicant must submit an individual permit application. Please contact the District for forms and information. Applicant is required to obtain a Section 401 Water quality Certification from the State of North Carolina for NWP 26 to be valid. This certification should be furnished with this pre-discharge notification. PLEASE PRINT A. 1. NAME: Bayer Jr. Builders, Inc. 2. ADDRESS: P.O. Box 246 Havelock, North Carolina 28532 3. PHONE NUMBER (HOME): (WORK): (919) 447-7900 4. LOCATION OF PLANNED WORK: COUNTY: Craven SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.): Sheoard Street and Hollywood Blvd. on the South side of Havelock, NC. Unnamed tributary to East Prong Slocum Creek. 5. DESCRIPTION OF PROPOSED WORK: Construction of street, central sewerage, central water, and support facilities. i 6. PURPOSE OF PROPOSED WORK: Detached single family residences. 7. APPROXI1-L4TE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS IN TENTHS OF ACRES): see continuation (A.7.) 8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE: Significant impacts to wetlands on this parcel occurred prior to the Clean Water, Act. See attached exhibit plan for additional information. 9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR NEAR THE PROPOSED PROJECT AREA? YES ( j NO [Xi IF YES, INDICATE WHAT SPECIES. 10. DO YOU HAVE KNOWLEDGE OF HISTORIC-PROPERTIES WHICH ARE LISTED OR DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ j NO [Xj ll. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ j NO [Xj B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE PERMITS TO BE VALID (33 CFR 330.5-.6): MET NOT MET 1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [Xj [ j OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY INTAKE. • 2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [Xj [ j OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED SHELLFISH HARVESTING ACTIVITY. 3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE [Xj ( J MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATER). 4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST [Xj [ J OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC AMOUNTS. 5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY [Xj [ j MAINTAINED. 6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE (Xj [ j NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR POSSIBLE INCLUSION. 7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL [Xj [ j NOT IMPAIR RESERVED TRIBAL RIGHTS. t C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE,. FAILURE TO COMPLY WITH THESE' PRACTICES MAY BE CAUSE FOR REQUIRING Al INDIVIDUAL PERMIT. APPLICANT SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET. . MET NOT MET 1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS (XJ ( J OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES. 2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING [XJ [ J SEASONS SHALL BE AVOIDED. 3. DISCHARGES SHALL NOT RESTRICT OR I14PEDE THE [XJ ( J MOVEMENT OF AQUATIC SPECIES-INDIGENOUS TO THE WATERS OR THE PASSAGE OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATERS). 4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, [XJ [ J ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE - . ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF ITS FLOW SHALL BE MINIMIZED. 5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. [ J [XJ 6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED [XJ [ J ON MATS. 7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY [XJ [ J WATERFOWL SHALL BE AVOIDED. 8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR [XJ [ J ENTIRETY. ???AN ' S S t1 TU , Ito ATE (A.7.) Total wetlands on this site is approximately 11.1 acres. 1.1 acres of wetlands are located in the recreation site and sewage pumping station site downstream from development construction and shall be preserved. 0.3 acres will be affected subject to Nationwide Permit #14 (minor road crossing). Less than 4.5 acres of wetlands shall be subject to discharge activities and less than 9.7 acres of wetlands being adversely affected, under Nationwide Permit #26. (C.5.) Dischage into wetland areas can not be avoided due to the extent, location, and geometry of the wetlands area determined in December of 198. Wetlands on this site qualify as "headwaters". LETTER OF TRANSMITTAL famed (? ecva t and didocial?eo, Jim CONSULTING ENGINEERS AND LAND SURVEYORS P. O DRAWER 976 JACKSONVILLE, NORTH CAROLINA 28541-0976 919.455.2414 TO: ------ N.C.--Dent. _ of Natural- Resources- & Community-- ---- __-- Development --Division of-Environmental -------- Management - Water Quality-Section ------------ ------ 512-North - Salisbury-Street -------------------- Raleigh, North Carolina 27611 GENTLEMEN: WE ARE SENDING YOU ® ATTACHED ? PRINTS ? PLANS Date: January 12 L_ 1989________ Attn: Mr. Bill Mills Ref: -_Predischarae_Notice for --South Forest Subdivision ------ Havelock, North_Carolina -------- --- --------- ------------------------------------- JESA Job No. ____ S89_0104-E0649 ______ ? UNDER SEPARATE COVER ? SPECIFICATIONS ? COPY OF LETTER ? OTHER -----------------__--_.-_ ----------------------------- DESCRIPTION: ------ One- (1)_ xerox_xopv of _completed_Predischar e_Notice Form and one (1)-iD!ILrjt ------ "Exhibit-Plan"-for the_Predischarge_Notice _for_the above referenced_p'no THESE ARE TRANSMITTED AS CHECKED BELOW: ® FOR APPROVAL ? FOR REVIEW AND COMMENT ? FOR BIDS DUE -------------------- R PRINTS RETURNED AFTER LOAN TO US ----------------------------------------------------- ------------------------------ R -_! y © - ? OTHER ------------------------------------- REMARKS ? AS REQUESTED JAN 1 1989 WATER E] FOR YOUR USE OPIERAT10ONS [?AN?f, -------------------------------------, 19------ --------------------------------------------- Please review _for_401_ certification _confirmation-under the General Certification by Mr._R._Paul _Wilms on_I?oyember_??_1983. _ Please_contact_(yr._Mike_Smith (419 =251=4630, or Mr. Charles Hollisl_at _our_earliest _e(2nyenienee_for-confirmation of the certification. ___ --Your expeditious responsa is most- sincerelX_appreciated,_______________________________ - ---------- --------- --- ---- Yi Wayne Ragland, C. .S. . COPIES TO: _ Mr. -Joey- Ba?eri_Jr______________ Staff Soil Scientist Mr. Mike Smith SAJICO CF(P) llf enc osures are not as noted, kindly notify us at once) BWR/ksh