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HomeMy WebLinkAbout19910037 Ver 1_COMPLETE FILE_19910202d? STA1FaA. yW w.i? State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor jq Roger N. Schecter William W. Cobey, Jr., Secretary June 17, 1991,,4 ,V Director Dr. G. Wayne Wright Corps of Engineers P. 0. Box 1890 Wilmington, NC 28402 Dear Dr. Wright: r f '7 9 1_3 N1- In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice Action ID. 199101507 dated April 4, 1991 which describes a project proposal by Mr. Lee James Pantas of Fairview. The project, involving the construction of a timber and rock dam to create a small recreational pond, is located on a tributary of Garren Creek, at Fairview, in Buncombe County. Based on a coordinated agency review, the.state interposes no objection nor offers any recommendations. For the record, the Division of Environmental Management authorized the project under General Water Quality Certification No. 2176. Should you require additional input from the state on this matter, do not hesitate to contact this office or DEM. Very sincerely, Jo R. Parker, Jr. Inlan '404 Coordinator JRP:jr/aw ` cc: DEM--Raleigh V P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer Yom-- -. _ir State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary June 12, 1991 Mr. Lee James Pantas 670 Garren Creek Road Fairview, North Carolina 28730 Dear Mr. Pantas: George T Everett, Ph.D. Director Subject: Proposed Fill in Headwaters or Isolated Wetlands Proposed pond Buncombe County Upon review of your request for Water Quality Certification to place fill material in 60 linear feet of stream channel for pond creation, 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 John Dorney at 919/733-5083. Sincerely, lfft4??L 0- George T. Everett GTE:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Regional Office Asheville DEM Regional Office Mr. John Dorney Central Files Division of Coastal Management, Raleigh Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/761-2351 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Natural Resources and Community 512 North Salisbury Street • Raleigh, North Carolina James G. Martin, Governor April 9, 1991 Dr. George T. Everett Division of Environmental Management Raleigh, North Carolina 27611 Dear Dr-. Everett: velQ r ;. ant Ci\ 4?ti11ian The attached U. S. Army Corps of Engineers Public Notice No. 1507 dated 4/4/91 describing a project proposed by Mr. JameSFTZ t S is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 5/3/91 Very sincerely, John R. Parker, Jr. 404 Coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. A-Q4- W0+ This office snp7urts t epoject proposal. No comment. _ Signed 4L Date (,/ / / Agency W JRP: j r/aw P.O. Box )7687 Raleioh North Carolina 27611-7687 Telenhnne 919-72A-4QR4 4 i w a,. STA1t o State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street * Raleigh, North Carolina 27611 James G. Martin, Governor Wil ian W. ? April 9, 1991 y, Jr., Se=etary Dr. George T. Everett Division of Environmental Management Raleigh, North Carolina 27611 Dear Dr_. Everett : The attached U. S. Army Corps of Engineers Public Notice No, 1507 dated 4/4/91 describing a project proposed by Mr. James- -a ft'as is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 5/3/91 Very sincerely, John R. Parker, Jr. 404 Coordinator REPLY This office objects to the project as proposed. Comments on t Pis project are attached. ""- This office ss tect proposal. ----__No comment. Signed 9RDiry Date _lf /gJ Agency JRP:jr/aw P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919-733-4984 .t 4 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID. 199101507 April 4, 1991 PUBLIC NOTICE MR. LEE JAMES PANTAS, 670 Garren Creek Road, Fairview, North Carolina 28730, has applied for a Department of the Army (DA) permit. TO CONSTRUCT A DAM ACROSS A HEADWATER TRIBUTARY OF GARREN CREEK TO CREATE A RECREATIONAL POND AT THE ABOVE ADDRESS IN Buncombe County, North Carolina. The following description of the work is taken from data provided by the applicant. Plans submitted with the application show the construction of a 15-foot wide by 5-foot high wooden dam. The dam is to be constructed of oak beams and rock and will incorporate a spillway midway. The approximate 1400 square foot pond will impound 60 linear feet of stream channel. The project purpose.is to provide a small recreational pond for swimming and trout fishing. Plans showing the work are included with this public notice. Should the permit be issued, the Tennessee Valley Authority (TVA) will require the permittee to employ best management practices to control erosion and sedimentation, as necessary, to prevent adverse aquatic impacts. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data-may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular t -2- case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore 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 placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this DA permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. 4 -3- The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after April 29, 1991. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before April 22, 1991, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. David Baker, until 4:15 p.m., May 3, 1991, or telephone (704) 259-0856. -?• n c rn z • r- rm c? rn m .S N o es . ,S S ?. o rn c ? r7i r ?o (A A Z Z -d " 'z ? o c O 7C Q T V1 Q ? b C -"1 Z p p O ?i• ZS ~ ? y ? ? pr ' V to Sl N O`N ? A a` M- P 5 N O tJ1 \ 0 PT .O 97 co Grp 1• f M IA N N L • ,.a q ? r P' Z A M y^ V G l rn UP A S. rM L z V z f x if 11 J \ , a?1 si aria • ? 1N? (JJ?? 1 c u ? L?1 f ? C o ? _,\? ?iIJ,•; ,,,? ,may,, U ? 29 - ?? M1 n ?? tea, O O • N N c_ c 1 e-' • k.Al\0\\i? J' .o. i +J C ` - ? Stl 3460- 2-43 1>CAooV1f W 2. 7- '' TJ?? l?-IS LE+E s-7Ar-nns Stw, a? J 6-10 GAcojo cnFtk Re ??wt. f Y r fA IMASw PC 28'13b ' +1001-0 (47) a es b rn Go ?i at.P o o?w 0 = mo ;s R .. N?c CON. cb% a 4 a t rn o rn ti ti rn C V j c rn y y ? ? M Z .. ke Q e m a c Lb n n . A 1 w ia? ? O pO 0. to w a T. rn, Z? l. a t 3 g4 ? ? 00 Z d lr% Olt 0 D N t r a) Co 3 S L 1 A u' I- 5 t ?' 1 on i y a, N L 3s s T t? F s v 1? co x 0 tt D rnt { rn _M N ;L I ti ?.?Ar?.srfr^ ,-? Quvn V? State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager D I V I 'S :.01,` OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Mav 24, 1991 MEMORANDUM TO: John Dorney, Speci;;.:il Projects Supervisor Program Ply.inin.g Unit Through: Roy M. Davi. Rc_•gio!qa1 Supervisor: Division of Environmental Management Forrest R. Westall ' Regional Water Quality Supervisor / ARO From: Max L. Haner., Envirc-nmen.tal Chem.is Water Qual4,.ty Section / ARO Subject: Comments and Rc!::omrtendation for 401 Certification Proposed ram Construction / U.T. to Garren Creek Lee James Pantas Buncombe County, North Carolina The proposed project submitted by Mr. James :.ee Pantas will result in construction of a 15 foot wido by 5 foot high wooden dam across U.T. to Garren Creek in the Fair-?.Iew :section cf Buncombe County. Approximately 60 linear feet of stream channel will by impounded to cover an area of approximately 1400 squarer. feet located entirely upon the Pantas property. The project w-_l_1 provide recreational enjoyment along with usage as a trout pond. As result of on-site evaluz:tion. of this pro,-'%osal on May 20, 1991, the writer concurs that mirimal. damage to the S `.ate' s environmental resources should result `.rent -th-s construction. Plans and specifications attached to the public notice appear to accurately describe this work. It is recommended that a 491 certii:i.ct,tion for this project be issued. Should you have quest on.s c w?.sh to discuss this matter in more detail, please advise. Interchange Building, 59 WoodHn Place, Asheville, N.C. 28801 • Telephone 704251-6208 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199101507 April 2, 1991 S: June 3, 1991 Mr. John Dorney f ?9 Water Quality Section Division of Environmental Management - ?,? j North Carolina Department of Environment, API?? 31 Health and Natural Resources c s RTECE Post Office Box 27687 r WATE? QUA iTY Raleigh, North Carolina 27611-7687 Planning gram Dear Mr. Dorney: Enclosed is the application of Mr. Lee Pantas, for Department of the Army authorization and a State Water Quality Certification to construct a dam across a headwater tributary to Garren Creek to create a small recreational pond in Fairview, Buncombe 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 " pur'suant to Section 404 of the Clean Water Act, and we have;determined that.a'water.quality . certification may be 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, 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 by June 3, 1991, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to David Baker, telephone (704) 259-0856. Sincerely, Vynae Wri t Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID. 199101507 April 4, 1991 PUBLIC NOTICE MR. LEE JAMES PANTAS, 670 Garren Creek Road, Fairview, North Carolina 28730, has applied for a Department of the Army (DA) permit TO CONSTRUCT A DAM ACROSS A HEADWATER TRIBUTARY OF GARREN CREEK TO CREATE A RECREATIONAL POND AT THE ABOVE ADDRESS IN Buncombe County, North Carolina. The following description of the work is taken from data provided by the applicant. Plans submitted with the application show the construction of a 15-foot wide by 5-foot high wooden dam. The dam is to be constructed of oak beams and rock and will incorporate a spillway midway. The approximate 1400 square foot pond will impound 60 linear feet of stream channel. The project purpose is to provide a small recreational pond for swimming and trout fishing. Plans showing the work are included with this public notice. Should the, permit be issued, the Tennessee Valley Authority (TVA) will require the permittee to employ best management practices to control erosion and sedimentation, as necessary, to prevent adverse aquatic impacts. Th'is application is being considered pursuant to Section'404 of_the Clean Water Act (33 U.S.C. 1344). Any person may request, in`'writing 'with i'the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular