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HomeMy WebLinkAbout19920174 Ver 1_COMPLETE FILE_20071213r AR?o 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 May 26, 1992 George T I_verett, Ph.D. William W. Cobey, Jr., Secretary Director Mr. M. Glenn Martin Associate Executive Director Junaluska Division Lake Junaluska Assembly P.O. Box 67 Lake Junaluska, N.C. 28745 Dear Mr. Martin; Subject: Proposed Fill in Headwaters or Isolated Wetlands Return water from upland dike disposal and headwater wetland fill from dredge project J+Haywood County DEM Project #92174, COE Project #199201589 Upon review of your request for Water Quality Certification to place fill material in 0.3 acres of wetlands for return water from upland disposal and fill of wetlands for fill disposal at golf course site at Lake Junaluska Golf Course in Haywood County, we have determined that the proposed fill can be covered by General Water Quality Certifications No. 2668 and 2671 issued January 21, 1992. Copies of the General Certifications are attached. These Certifications may be used in qualifying for coverage under Corps of Engineers' Nationwide Permits No. 16 and 26. An additional condition is that a berm shall be built between the wetland to be filled and Richland Creek to prevent sediment from entering the creek from this site. If you have any questions, please contact John Dorney at 919/733-5083. Sincerely, or e T. Everett GTE : JD R -.GIO AL OH K I=S A,hAttachmeviIIC Moorewille I Releigh Wa0lington Wilmington Wintiton-Salem 704/251-6208 919/486-1541 704/003-1691) 919/571-4700 919/946-0481 919/3953900 919/8%7(x)7 Pollution Prevention Pays N). Rox 29535, Ralciph, North Carolina 276?(,4M5 Telephone 919713 7015 An 1.1n.,1 ()pl.ounity Alnrn,..mc A, t,-, I mpl,,m lkjun.doc/jrd-gc 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 o ?jvd pa STATE K i 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., SecretaW V I S I ON OF ENV I RONMENTAL MANAGEMENT Regional Manager WATER QUALITY SECTION May 5, 1992 MEMORANDUM TO: John Dorney, Special Projects Supervisor _• 0 Program Planning Unit l? Through: Forrest R. Westa,l?l MAY iz Regional Water Qi Supervisor / ARO WC i%',{Ni);; r ;1 WAFER 1J,?IIIY From: Max L. Haner, Environmental Chemist Water Quality Section / ARO -,1t ? Subject: Comments and Recommendation 401 Certification, DEM ID# 92163 Proposed Wetlands Fill Project Adjacent to Richland Creek Southeastern Jurisdiction Administrative Council Lake Junaluska Golf Course Haywood County The proposed project submitted by Mr. M. Glenn Martin, Associate Executive Director of Southeastern Jurisdiction Administrative Council provides for disposal of dredgings of accumulated sediment from Lake Junaluska as deposited by the Richland Creek drainage basin; Town of Waynesville proper and surrounding rural property. Richland Creek is classified Class "B" waters in the French Broad River Basin. The Council proposed to permanently dispose of 250,000 cubic yards of dredged material in an 21 acre area located between the Lake Junaluska Golf Course and Richland Creek. Approximately .3 acre of the 21 acre site is directly adjacent and parallel to Richland Creek and qualifies as a wetland. The stated purpose for filling this area is for golf course improvements. Evaluation of the proposed wetland fill area as conducted on April 29, 1992, showed that clearing of this property of trees and underbrush had begun. The wetland area. is relatively narrow and contains no direct surface connection to Richland Creek. The major value of this wetland would be its ability to retain and store flood waters, while providing an area for nutrient removal from runnoff from the adjacent golf course. Upon completion of this project, and assuming proper site stabilization (sediment erosion control) during and following construction, there appears to be reasonable opportunity to minimize additional siltation in Richland Creek and Lake Junaluska. This site has good restoration potential. A Wetland Rating System Worksheet is attached hereto. Interchange Building, 59 Woodfin Mace, Achcville, N.C. 28801 • telephone 704-251-6208 An Fqual OplxmLinity Affirmative Action Employer P Page 2 May 5, 1992 i L As result of this evaluation, it is recommended that a 401 certification for this project be issued with the condition requiring construction of an effective berm separating the wetland fill area from Richland Creek during normal stream flow conditions. While berms are proposed for construction to allow for containment of the dredged material, no drawings were provided with the application and the on-site evaluation left the impression that these berms may be intended for the major part of the 21 acre site; not necessarily to separate the wetland area from Richland Creek. Construction of a berm for the specific purpose of protecting Richland Creek, rather than providing containment of the dredged material, is recommended as condition for 401 certification. Should you have questions or wish to discuss this matter in more detail, please advise. r f WETIAND PAT I NG -SYSTEM WoPKS'HE'F'1' So2(-1?'c¢-a?c? .1'u.?-c.ae?-??ev??- CQ-e?.?-?-a?.?.?,t,.r c.etl?cc?-Q Project No. or descr-1 pt_iorn L o c a t i on ?? ?? -? `1 S 0 C County Nearest road or town u)ii1,v?AOVtdy River bas i - „?, Nearest stream a ??( tc?V nd classification Evaluator 4LW Agency and address /vC > e-m -- Wl? S9 C(?co r1o ktts Ks k? Date and time evaluated Gl, q(9L 1p?M Major Wetland Type 1 DXJAF-ki _ RK47 -FA6-A -L- 1->0Mr& Approximate size of wetland system_ 3_ acres Approximate extent of wetlands in area acres within miles Three most common plant species (in order): Soil Series (if known) Hydrologic indicators rjo sa ,6e-c ? y. U - U -fiU l?ei.i Direct surface hydrologic connection? YES NO Existing Conditions Drainage Cj`TcoNAC_ S?jS r-e, Disturbance, w Restoration potential Restoration value N Is site known to p ovide habitat for rare, endangered or threatened species? If so, list species observed or recorded. Item No. I. Location/Landscape 1 Natural area buffer 2 Sensitive watershed 3 Dispersal corridor system II. Ecological Values 4 Special ecological attributes 5 Wildlife habitat 6 Aquatic life 7 Water storage 8 Streambank stabilization 9 Removal of pollutants III. Human Values 10 Outdoor recreation/education 11 Economic value Total score S1te c1E-script-ion 'Ind not(..,-,: Score (circle one) 5 5 4 3 2 1 0 5 4 3 2 ?1 0 5 9 2 1 1 P 5 4 3 24 3 2 1 5 4 2(,-O-) 4 3 2 4 & 2 1 0 4 3 2 1 0 5 4 3 5 4 3 2 1 0 2 ] 0 l 5 ?-rs Loo ?aJ . 1' Lake Juflalmka APAT Box 67 Lakc Junaluska, N.C. 28745 Phone - (704) 452-2881 March 31, 1992 To Wham It May Concern: wn1EH The Southeastern Jurisdiction Administrative Council and Lake Juna.luska Assembly officials are planning to dredge the lake of approximately 300,000 cubic yards of silt in 1992. We also plan to place the silt into some .Law areas between the Lake Junaluska Golf Course and Richland Creek, to be developed into golf course in 1993. This response from the U.G. Corp of Engineers is a part of our initiative to be sure we are in harmony with all agencies related to projects like this. Dave Baker, Corp of Engineers, has walked over this area thoroughly with me. If we can get clearance from all concerned we will begin immediately to build necessary berms: and implement: a sediment control plan. Thanks for your attention. Sincerely, M. Glenn Martin Associate Executive Director Junaluska Division Confer(,nce and Krtrc,at (:c>ntc,r o/ thi, Unitr>d Wthodist Church in thc, Southc,ast DEM ID: -Z 2 /.-7 ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING 1 CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY 7 NC DEPARTMENT OF ENVIRON ,[?IMLrti P.O. BOX 1890 ? AND NATURAL RESOURCE ..-- - ?-- ---- WILMINGTON, NC 28402-1890 P.O. BOX 29535 ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 APR - 610 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 WETLANDS I WATER UALI n ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: 1, C/' c, /7 2. OWNERS ADDRESS: ,.O X c' ?iri`? 3 . OWNERS PHONE NUMBER (HOME): Io p? -- s ; Z _ ?? ?yc (WORK): Jc? U vs ,z - . t98) 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: yo y et, y e, ,cz NEAREST TO 0 CITY: &? SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): c+ l u1 U ?7 c N 6. NAME OF CLOSEST STREAM/RIVER: 4e",,, ,iyd may-???? 7. RIVER BASIN: /-`f-['ti r., !: 5 /? .i`'e, ,. 4z 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [1.1 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES V--I! NO [ ] IF YES, EXPLAIN. i dl'/1l, ?` /"(Z yzgfXr, o>lz g I9 •? o 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: '•f /crr 2/3/92 -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: -1y DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: j? 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : •2 6?y'/J1S 4/oh d c:f?a.rr? l'l*CO _? c?//n u?f < 7? C m/??3 /li a14n,dr?r, 2 .s-on.? /;?- ?/?ur ii>1s'i,cve yZf?"/ro>c?/ fl?e/rar o,L /.??sq' f'nr F'C.,74 UNO c=.l P9}lrsioh. 13. PURPOSE OF PROPOSED WORK: ° F ,G -7- C, i .rte ?O (`, ? 7`- (? ? ?? ll /d Ifl ? i i i? iy i ? n rY ?_l ? : ? i .•. ?i .o i ?? / /s. v dq/-ox A ;,Z,, O /r - 5-c? G3 -,O!L- /'2 c? /s• " 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. &?"j Y & A'ou f J? (!> r x, ",l' ",.'.s'?le :r ,, Lr fa « v i7/- • 1" iiZ? 5a ?'?' i?? ?i o ? • - - - _ - ?-- 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE d ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ] Oisf I%°l°???sf RESPONSES FROM THE USFWS AND/OR NMFS SHOULD, BE ATTACHED. cs????r G ©f?' .. ,,Tyyp oJG 1' d 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES [ ] NO RESPONSE FROM THE SHPO SHOULD BE ATTACHED. 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND,LAKES ON THE PROPERTY. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A'STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? ?'"/<' ?e uN1 F eei41 c, <?/? r/ F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? y? ? /? PPllc,>6 /c OWNER'S SIGNATURE DATE r? .,- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch May 14, 1992 (L?U?M' rI ?._ p,,1 Ay 11 tlt (??1'Rl i Action ID. 199201589 and Nationwide Permit Number"t(Return Water From Upland Contained Disposal Areas) and *Z6 (Isolated'Uetlands Less Than One Acre In Size). Southeastern Jurisdiction Administrative Council Lake Junaluska Assembly Mr. Glenn Martin Post Office Box 67 Lake Junaluska, North Carolina 28745 Dear Mr. Martin: Reference your application of March 31, 1992, for Department of the Army authorization to hydraulically dredge approximately 300,000 cubic yards of sediment from Lake Junaluska in *Ay%Vod County, North Carolina. The project will require a return effluent from an upland diked disposal area into Richland Creek. In addition, an approximate 1/4 isolated wetland area is to be filled. The project has been reviewed by the North Carolina Wildlife Resources Commission (WRC). For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 404 of the Clean Water Act, was provided for return water from an upland, contained dredged material disposal area where the quality of the return water is controlled by the State through the Section 401 Certification procedures. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and -2- c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your work is authorized by these nationwide permits provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This verification will be valid for 2 years from the date of this lettbr unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, of is modified, such that the activity would no longer comply with the terms and conditions of the NWP authorization, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. . Questions or comments may be addressed to David Baker, Asheville Field Office, Regulatory Branch, telephone (704) 259-0856. Enclosure Copies Furnished (without enclosure): i y n Dorney uality Section n of Environmental Management arolina Department of onment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Sincerely, G. Wayne Wright Chief, Regulatory Branch Mr. John Parker North Carolina Department Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina of 27611-7687 L ' North Carolina Wildlife Resources 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919- I _. Charles R. Fullwood, Executive Director y M 11Y 4 1992 MEMORANDUM -WET LANDS_GRJUN _ TO: John R. Dorney WATER UALITYSECT'A, Division of Environmental Management FROM: Dennis Stewart, Manager Habitat Conservation Program DATE: May 12, 1992 SUBJECT: Comments on Section 401 Water Quality Certification for Section 404 Nationwide Permit requests Biologists on the Wildlife Resources Commission staff have reviewed the subject permit application and we are familiar with habitat values of the project area. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U. S. C. 661-667d). Based upon information provided, it is our opinion that Section 401 Water Quality Certification can be issued without significant impacts on fish and wildlife for the following projects: 1. City of Winston-Salem, Forsyth County Southeastern Jurisdiction Administrative Council, Lake Junaluska, Haywood County (ID# 92174) 3. Transcontinental Gas Pipe Line Corp., Iredell and Rowan Counties, (ID# 92178) 4. NCDOT Bridge No. 26 over Cypress Creek on NC 53, Pender County 5. NCDOT Bridge No. 239 over Mulberry Creek on SR 1369, Caldwell county 6. NCDOT Pipe Replacement 0.9 miles west of SR 1506 on SR 1505, Yadkin River, Caldwell County 7. NCDOT Pipe Replacement 1.15 miles west of SR 1506 on SR 1505, Yadkin River, Caldwell County Memo Page 2 May 12, 1992 8. NCDOT Addition of 8411CMP at Little Horse Creek on SR 1335, Ashe County 9. NCDOT Extension of existing 78" CMP at Little Phoenix Creek on SR 1649, Ashe County 10. NCDOT Expansion of waterway opening at Little Peak Creek on SR 1595, Ashe County 11. NCDOT Replace existing 72" CMP with new 7211 CMP at Laurel Fork Creek on SR 1167, Watauga County 12. NCDOT Bridge No. 257 Replacement on SR 1647 over Millpond Branch on SR 1647, Ashe County 13. Jerome B. Wolff, Carteret County, (ID# 92186). In addition, biologists on our staff have reviewed the following Nationwide 404 Permit applications. Due to insufficient staff and time limitations we are unable to conduct the necessary field investigations to comment on th-ese applications. This "no comment" should not be considered as either approval or disapproval of the work proposed. These projects are: 1. Joe Husbands, Pender County 2. NCDOT Bridge No. 12 over Thorofare Bay Channel at Cedar Island, Carteret County. We appreciate the opportunity to comment on these applications. If we can provide further assistance, please call on us. cc: Stephanie Goudreau, Mtn. Region Habitat Biologist?????? Bobby Maddrey, District 2 Wildlife Biologist