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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' 3 44-4 BI 1. F -''!', Z i 28. 2 6.5 I55 .jejq '111 1117 f ?i TISS, YI•Ilnu I ?? t ..K.1 Ccrw 5 !?91 vn v7J 11 . .p, ?? ?Y T J IB ' . , !.o Cre•,M vn SwW.rI • ) m ? ? .+ ,A. \, .111 :.{ X111 Ip• .. ql , i I. 'J !J!1 S 1p11 1 .+ . WI tl1JL ' I f .HI 1H1 IJ,I Ow»IIn , Ir» . 17f! ? f 1' '•1. Syr I,f 7, . pl I.tl} . 1171 1.»1 I!b ) INI ` 1,1Q f/ 17! 1117 in. '? ITS 1111 u'. .1 l y1 .. .11 F '1 IW Ifs llilp 4 I))f ?• ?ttl• i - i)» -_._ rl, 3 p „ Y Ir: ?r 1.ly 1.1 'IJI 1 1 11] V .• lM! I D L 1' • JM Li 'ryf J u, [ w l!» i ! •? : M? • .trJ :. ; 1179 q ? I!N ?}y1 _ -__ _ 1 1 C7?./( !e ? VV . W , 1U Poll Ilil lot? ur - ~ ?d11 M ? 171 !1 ? ? c - J ^y? _ ? . 111i lA C/AMOQ ?1 '7tl. • LtlJ ? 1771 ti'} >1L ttll I ?1 I ? ? 1 t' ? I ' ft; 1 J 1111 1i1J Im 11iJ 1 - t,1 y CAI-M MIT ! 1111 _ :'t? Ili! • `..••l-- - c? 1 I!V 1i1 • Lill Ilk A u! f' • ' I I J I'7 17tl 11T. l,.wf 2. 41d1?- W J Nn? 1 ? `_ nr u Iu.v iu Wit Illf ? IN +1110 , I!p% ? NEU !7tl O° f _ . "f.¦?- 3*`Pb_ 11:7 s !'7\ n7w?J.•1 If,, I .-J UY ? + IV, ,? LVI 1 I!1 llU 1M ? I L9f 1 10 197 lt9l 110. 1 rlDl _ /, py?R ? ??.V•?IDI / uu = ? v • I.S ? MIT Ltll I Wl Itli - 1tL ?. • flr ull of.r. fOl BEARWELL tnl tl tLtl , ! \ 4:111 , .7 ADC03/N Lm ?- y 10 If IS % 1 1.,..1..,, It Lenoir Cou f. lltl --?: 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