HomeMy WebLinkAbout19920426 Ver 1_COMPLETE FILE_19920826C fi 57A7r o
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Envinmmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor August 28, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Dirrctor
Mr. Elmer C. Rodwell
Route 1, Box 55
Seven Springs, N.C. 27858
Dear Mr. Rodwell:
Subject: Proposed Fill in Wetlands
Dam repair and restoration
Lenoir County
DEM Project #92426
Upon review of your request for Water Quality Certification
to place fill material and flood 2.0 acres of wetlands for
dam repair and restoration located at SR 1167, Trotters Creek
in Lenoir County, we have determined that the proposed fill can
be covered by General Water Quality Certification No. 2671 issued
January 1, 1992. 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 919/733-1786.
Sincerely,
reston Howard, Jr. P.E.
APH:JD
Attachment
cc: Wilmington Di rict Corps of Engineer
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL 0M- CES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 9 19/395 -3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
9a-6,5-7-:r
[EMORANDUM INITIALS:
Reviewer: ZaC_
10: John Dorney WQ Supv:
Planning Branch Date:
>UBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR: 92 PERMIT-NO: 0000426 COUNTY: LENOIR
APPLICANT NAME: ELMER RODWELL
PROJECT-TYPE: CREATE POND PERMIT-TYPE: NW26
COE_#: DOT-#:
RCD_FROM_CDA: APP DATE_FRM_CDA: 08/03/92
REG OFFICE: WARO RIVER_AND_SUB_BASIN_#:/4EtA 03'
STREAM-CLASS: G. N S
STR_I NDEX_NO : 017. 7/- :2-
WL_IMPACT?:(!PN
WL_,REQUESTED : .2-o ate
WL_TYPE:
WL_ACR_EST?: Y/C
HYDRO_CNECT?: Y/N
MITIGATION?: Y/N
SITIGATION_SIZE:
WL SCORE(#):
MITIGATION TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y40
RECOMMENDATION (Circle One : SS ISSUE/COND DENY
COMMENTS:
?l;^a
:c: Regional Office
Central Files
DEM ID: gL?z6
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
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
ACTION ID:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMEN
NC DEPARTMENT OF ENVIR T? rjU ?7}
AND NATURAL RESOUR ,
P.O. BOX 29535 -3 1992
RALEIGH, NC 27626-053
ATTN: MR. JOHN DORNEY
Telephone (919) 733-50 r3E LANDSGROijPUALITYSMCTI'P
._ ..
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Mr. F11'r C. R-lotlll-//
2. OWNERS ADDRESS: Sox
S?S
.lGJca SD!' S lV. L ?'7f-<-,g- .
3. OWNERS PHONE NUMBER (HOME): 5-0- S-/(I (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: NZ4
5.
6. NAME OF CLOSEST STREAM/RIVER:?ffcrti ?rtc/t
7. RIVER BASIN:
8.. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ I NO [><)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY : k c p o i r
NEAREST TOWN OR CITY: K;, 4--3 _
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): /-rona +kr- oo;Nl
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED: Z
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) :
- I_ I _ L _1 L. r .
13. PURPOSE OF PROPOSED WORK :
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
f.--.I-
f: Q / alt
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR 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 K
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
pie-a-c- co#v4--+ m? ,'f 441-s .s "cec4?lf-/,7-
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 [ J NO ?}(]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED. e'47
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. 1 / /? `'Q
I A ? S $ i 7 ? UO t S ?u n f -•?i.. Il u r.)dc?., '?? !J t? 'bar. -5-f,-.4-7 Fa-
-c' I `1 to f
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?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
'WNE1'
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It Lenoir Cou
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PIN /In 1791, the county of
abolished, part of the land
Wayne and the balance us
Lenoir County. It was named
William Lenoir, one of the h
Revolutionary Battle of King;
October 7, 1780.
The county seat of Kit
established in 1762. Kingstc
rlln lv cnol „If iln{?hc nri-r
J
40 (L?ue to firni? on; ?str,,ir?l'; and .H
are ur:able to , we
?tf;e tl)? infor stam:?ifin« tioo limitations,
cnrnnien? [ ss?ir,, for
l' //' tt?is pug otion Im: s nr?it;
?er
DEM ID: z4zl `ip/cCTTbNork ,approval rte 1i P11" I 'it
JOINT APPLICATION FOR Carol Ili - Uat -Ji"
in
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATI
ON sit
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMEN
NC DEPARTMENT OF ENVIR
AND NATURAL RESOU
P.O. BOX 29535
RALEIGH, NC 27626-05
ATTN: MR. JOHN DORNE
Telephone (919) 733-5 83
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Mr. C . Rd???/l
2. OWNERS ADDRESS: Box SS
Cc > SOr: A). G -2 7fP CV
3. OWNERS PHONE NUMBER (HOME): S-I, I (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: *-19
5.
6. NAME OF CLOSEST STREAM/RIVER: d ?fcr? Crr-r-%
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x
IF YES, EXPLAIN.
10, ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: k e p o i r
NEAREST TOWN OR CITY: K;.,s4-0
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Fro,.-, +h o;.,I
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-18E3
IN REPLY REFER TO September 28, 1992
Regulatory Branch
)
W!,iLANDS GROUF
_.-__.WAf0 QIfALITY SH'M,!4
Action ID. 199203207 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Elmer C. Rodwell
Route 1, Box 55
Seven Springs, North Carolina 27858
Dear Mr. Rodwell:
Reference your application dated July 16, 1992, to construct a two-acre
pond on an unnamed tributary to Trotters Creek. The proposed project site is
located off the end of S.R. 1167, near Kinston, Lenoir County, North Carolina.
Your proposed work is located in waters of the U.S. (above the headwaters
of a tributary to Trotters Creek) and will impact two acres of wetlands:
therefore, the activity is authorized by Department of the Army Nationwide
Permit No. 26.
For the purposes of the U.S. Army 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 lose 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
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit 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.
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
As discussed, you should contact the following State agencies to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone (919) 733-1786,
and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
(919) 733-2293.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Sanders at our Washington Regulatory Field Office, telephone
(919) 975-3025.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
.,
-3-
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
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Harry Bailey
Division of Land Resources
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 2188
Washington, North Carolina 27889
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 2188
Washington, North Carolina 27889
.. i
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 22, 1992
Regulatory Branch
Action ID No. 199203207 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Elmer C. Rodwell
Route 1, Box 55
Seven Springs, North Carolina 27858
Dear Mr. Rodwell:
Reference your application dated July 16, 1992, to construct a 2-acre pond
on an unnamed tributary to Trotters Creek. The proposed project site is
located off the end of S.R. 1167, near Kinston, Lenoir County, North Carolina.
Your proposed work is located in waters of the U.S. (above the headwaters
of a tributary to Trotters Creek) and will impact 2 acres of wetlands:
therefore, the activity is authorized by Department of the Army Nationwide
Permit No. 26.
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
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit 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.
ti e
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case base to modify,
suspend or revoke the authorization.
As discussed, you should contact the following State agencies to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone (919) 733-1786,
and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
(919) 733-2293.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Sanders at our Washington Regulatory Field Office, telephone
(919) 975-3025.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
%r•
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
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
-3-
Mr. Harry Bailey
Division of Land Resources
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889