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HomeMy WebLinkAbout20001048 Ver 1_Complete File_20010924o f \ NA rFq Michael F. Easley, Governor of p-7 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > =-I Gregory J. Thorpe, Ph.D. p ^? Acting Director Division of Water Quality RECEIPT September 24, 2001 Mr. James Gates NC Department of Correction 4216 Mail Service Center Raleigh, North Carolina 27699-4216 Dear Mr. Gates: Subject: DWQ #: 001048 Project: Anson County Correctional Facility County: Anson The North Carolina Wetlands Restoration Program (NCWRP) has received a check in the amount of $ 30,250.00 check number 1546633, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification, Certificate of Authorization, and/or Section 404 Permit issued for the subject project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. Please note that you must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is responsible for the compensatory mitigation requirements associated with the subject permit and agrees to provide the compensatory mitigation as specified in the permit. The NCWRP will restore 242 linear feet of stream in Cataloging Unit 03040201 of the Yadkin River basin. If you have any questions or need additional information, please contact Crystal Braswell at (919) 733-5208. S' erely, Ronald E. F ell, Program Manager cc: Rob Ridings, Wetlands/401 Unit file NCDENR Wetlands Restoration Program 1619 Mail Service Center Raleigh, NO 27699-1619 (919) 733-5208 Customer Service 320 West Jones Street Raleigh, NO 27603 Fax: (919) 733-5321 1 800 623-7748 F WATE \O?0 9pG Michael F-Easley Governor r William G. Ross, Jr., Secretary > Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 28, 2001 Mr. Jim Gates NC Department of Corrections 4216 Mail Service Center Raleigh, NC 27699-4216 Subject: Stormwater Ponds Anson County Correctional Facility Anson County, NC DWQ# 001048 Dear Mr. Gates: This Office is in receipt of the plans dated June 12, 2001 for the stormwater management ponds at the subject facility prepared on your behalf by Hobbs, Upchurch and Associates and submitted to the Division on June 15, 2001. Staff from the Wetlands Unit reviewed the plans and found them acceptable. Please note that this approval shall not be construed as an approval of the dam design for Dam Safety purposes. If you have any questions regarding this matter, please contact Mr. Todd St. John at (919) 733-9584. R. Wytlands Unit Supe cc: Mr. Todd St. John, Wetlands Unit Fayetteville Regional Office Charles Heiser, PE, Hobbs Upchurch, PO Box 1737, Southern Pines, NC 28388 File North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ OF W A T FR Michael F. Easley ?O? pG Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 2?, 2001 Memorandum To: John Dorney From: Todd St. John A? Subject: Anson County Correctional Facility Anson County have reviewed the subject stormwater management plans. It appears to meet the requirement of the WQC. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ ? l Project No. DWQ Project Name: Anson County Correctional pond 1 SUBMITTED DESIGN: REQUIRED DESIGN: elevations Bottom of Basin (ft) 295 Permanent Pool (ft) 298 3 ft. depth Temporary Pool (ft) 300.9 cr 2.9 ft. depth areas Permanent Pool SA (sq ft) 18291 13129 sq. ft. Drainage Area (ac) 16.61 Impervious Area (ac) 7.07 42.6% volumes Permanent Pool (cu ft) f I l) ?1 !-, ?5 f 361 Temporary Pool (cu ft) 26548 26112 cu. ft. Forebay (cu ft) IT 6 j #VALUE! % other parameters SA/DA 0 1.81 Orifice Diameter (in) 1.5 0.07 cfs drawdown Design Rainfall (in) 1 4.3 day drawdown Linear Interpolation of Correct SAIDA*** CXV Impervious Next Lowest 40 Project Impervious 42.6 Next Highest 50 3 ft. Permanent Pool Depth SA/DA from Table 1.73 1.81 2.06 status ok ok ok ok #VALUE! ok I l? Project No. DWQ Project Name: Anson County Correctional pond 2 SUBMITTED DESIGN: REQUIRED DESIGN: elevations status Bottom of Basin (ft) 292 Permanent Pool (ft) 295 3 ft. depth ok Temporary Pool (ft) 297.9 ? 2.9 ft. depth ok areas Permanent Pool SA (sq ft) 8976 5263 sq. ft. ok Drainage Area (ac) 3.93 Impervious Area (ac) 2.91 74.0% - volumes Permanent Pool (cu ft) Temporary Pool (cu ft) 10888 10220 cu. ft. ok 't Forebay (cu ft) h #VALUE! % #VALUE! other parameters SA/DA 0 3.07 - Orifice Diameter (in) 1 0.03 cfs drawdown - Design Rainfall (in) 1 4.0 day drawdown ok Linear Interpolation of Correct SAIDA *** GX Impervious Next Lowest 70 Project Impervious 74.0 Next Highest 80 3 ft. Permanent Pool Depth SA/DA from Table 2.88 3.07 3.36 Project No. DWQ Project Name: Anson County Correctional pond SUBMITTED DESIGN: REQUIRED DESIGN: elevations status Bottom of Basin (ft) 292 Permanent Pool (ft) 295 3 ft. depth ok Temporary Pool (ft) 297.8 2.8 ft. depth ok areas Permanent Pool SA (sq ft) 6771 3356 sq. ft. ok Drainage Area (ac) 3.74 Impervious Area (ac) 1.87 50.0% - volumes Permanent Pool (cu ft) Temporary Pool (cu ft) 7230 6788 cu. ft. ok Forebay (cu ft) i' #VALUE! % #VALUE! --I>f, !=> -° other parameters SAIDA 0 2.06 - Orifice Diameter (in) I 0.03 cfs drawdown - Design Rainfall (in) 1 2.7 day drawdown ok Linear Interpolation of Correct SVDA * * * t7o Impervious Next Lowest 40 Project Impervious 50.0 Next Highest 50 3 ft. Permanent Pool Depth SAIDA from Table 1.73 2.06 2.06 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Sherri Evans-Stanton, Acting Secretary Kerr T. Stevens, Director 09W;qA1 40 dft NCDENR Division of Water Quality January 18, 2001 Charles Heiser, P.E. Hobbs, Upchurch and Assoc. PO Box 1737 Southern Pines. NC 28388 Subject: Anson County Correctional Facility DWQ Project No. 001048 Anson County Dear Mr. Heiser: The Wetlands Unit staff reviewed the stormwater management plans for the subject project and determined that additional information is necessary to complete the technical review process. The required additional information is as follows: Vegetated Side Slopes The basin side slopes above the permanent pool down to the vegetative shelf must be stabilized with vegetation and side slopes no steeper than 3:1 (horizontal to vertical). Vegetative Shelf A vegetative shelf around the perimeter of the pond is required. The shelf shall be gently sloped (6:1 or flatter) and shall consist of native vegetation. Please specify this on the engineering plans. Draw Down Orifice Diameter The diameter of the orifice must be sized to draw down the temporary water quality pool volume in 48 to 120 hours. The outlets orifices will draw down the ponds in excess of 10 days, according to my calculations. Division wetlands unit staff will strive to complete a final technical review within 10 working days of receipt of the requested information. If you have any questions or would like to discuss this project, please contact me at (919) 733-984. Also, please note that the NCDENR Stonnwater Best Management Practices Manual, April 1999, and other documents and information can be downloaded from the Wetlands Unit web site at http://h2o.ehnr.state.nc.us/ncwetlands/. Sincerely Todd St. J6hn, E Environmental Engineer cc: John Dorney, Wetlands/401 Unit Fayetteville Regional Office File 4401 Reedy Creek Road, Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Project No. DWQ 0.01048 Project Name: Anson DOC pond 3 SUBMITTED DESIGN: REQUIRED DESIGN: elevations status Bottom of Basin (ft) 292 Permanent Pool (ft) 295 3 ft. depth ok Temporary Pool (ft) 297.8 2.8 ft. depth ok areas Permanent Pool SA (sq ft) 9300 3356 sq. ft. ok Drainage Area (ac) 3.74 Impervious Area (ac) 1.87 50.0 °h, volunies Permanent Pool (cu ft) 16575 Temporary Pool (cu ft) 37590 6788 cu. ft. ok Forebay (cu ft) 2925 17.6 % check f n-eb( other parameters S A/DA 0 2.06 Orifice Diameter (in) 0.75 0.02 cfs drawdown Design Rainfall (in) 1 24.9 day drawdown check dram Linear Interpolation of Correct SA/DA *** r/ Impervious Next Lowest 50 Project Impervious 50.0 Next Highest 60 3 ft. Permanent Pool Depth SA/DA from Table 2.06 2.06 2.4 Project No. DWQ 0.01048 Project Name: Anson DOC pond 2 SUBMITTED DESIGN: REQUIRED DESIGN: elevations status Bottom of Basin (ft) 292 Permanent Pool (ft) 295 3 ft. depth ok Temporary Pool (ft) 297.9 2.9 ft. depth ok areas Permanent Pool SA (sq ft) 8125 5263 sq. ft. ok Drainage Area (ac) 3.93 Impervious Area (ac) 2.91 74.0 % volumes Permanent Pool (cu ft) 23000 Temporary Pool (cu ft) 33500 10220 cu. ft. ok Forebay (cu ft) 6300 27.4 % check forebi other parameters SA/DA 0 3.07 Orifice Diameter (in) t 0.03 cts drawdown Design Rainfall (in) 1 12.3 day drawdown check drawl Linear InterPolcition of Correct SA/DA *** (/10 impervious Next Lowest 70 Project Impervious 74.0 Next Highest 80 3 ft. Permanent Pool Depth SA/DA from Table 2.88 3.07 3.36 Project No. DWQ 0.01048 Project Name: Anson DOC pond 1 SUBMITTED DESIGN: REQUIRED DESIGN: elevations status Bottom of Basin (ft) 295 Permanent Pool (ft) 298 3 ft. depth ok Temporary Pool (ft) 300.9 2.9 ft. depth ok ureas Permanent Pool SA (sq ft) 17100 13129 sq. ft. ok Drainage Area (ac) 16.61 Impervious Area (ac) 7.07 42.6 %, voluuhes Permanent Pool (Cu ft) 57860 Temporary Pool (Cu ft) 63220 26112 cu. ft. ok Forebay (cu ft) 18600 32.1 ch check forebi other pcuruuetc r.s SAMA 0 1.81 Orifice Diameter (in) 1.5 0.07 cfs drawdown Design Rainfall (in) 1 10.3 day drawdown check draw( Lihhear hhterpolatiou of Correct SA/DA*** C/C impervious Next Lowest 40 Project Impervious 42.6 Next Highest 50 3 ft. Permanent Pool Depth SAMA from Table 1.73 1.81 2.06 z? /--? l v For accounting purposes, this Certification authorizes the fill of 242 feet of streams, in 030710 river and subbasin and 242 linear feet of stream restoration are required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A 2R .0503(b)). If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Attachment cc: Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Ron Ferrell; Wetland Restoration Program File copy Central Files Todd St. John Mike Iagnocco; Law Engineering and Environmental State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 4, 2000 Anson County DWQ Project # 001048 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP Mr. James Gates N.C. Dept of Corrections 4216 Mail Service Center Raleigh, NC 27699-4216 Dear Mr. Gates: You have our approval, in accordance with the attached conditions and those listed below, to place till material in 0.27 acres of wetlands and 242 linear feet of streams for the purpose of constructing the Anson County Correctional Facility in Anson County, as you described in your application dated August 10, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Number 29 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that a final, written stormwater management plan shall be approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for Stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the stormwater management facilities, as approved by this Office, must be constructed and operational, and the stormwater plan, as approved by this Office, shall be implemented. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H .0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetland Restoration Program), wetland or stream till shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration Program. You have one month from the date of this Certification to make this payment. Division of Water Quality • Wetlands/401 Unit 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper NORTH CAROLINA- DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, N.C. Department of Corrections has permission as outline below for the purpose(s) of proposed Anson County Correctional Facility. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM LOCATION Anson County Correctional Facility COUNTY: Anson BASIN/SUBBASIN 030710 As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded to one- quarter acre increments according to 15 2r .0503(b) acres of Class WL wetlands acres of riparian wetland acres of non-riparian wetlands acres of Class SWL wetlands 242 linear feet of stream buffers (other) One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature WETLANDS RESTORATION PROGRAM DIVISON OF WATER QUALITY 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 Date DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date LAwGIBB GROUP November 22, 2000 Npl Mr. John R. Dorsey Non-discharge Branch/Wetlands/401 Unit 1621 Mail Service Center Raleigh, NC 27699-1621 Subject: Payment to the N.C. Wetland Restoration Program Anson County Correctional Facility Anson County, North Carolina LAW Project 30100-0-0025 DWQ #: 001048 Dear Mr. Dorney: On behalf of the North Carolina Department of Correction (NCDOC), Law Engineering and Environmental Services, Inc. (LAW) is submitting this response to your letter dated September 12, 2000 in the above referenced matter. The proposed Anson County Correctional Facility will impact approximately 312 linear feet of perennial streams and 0.27 acre of wetlands in the Yadkin - Pee Dee River Basin. In the previously mentioned letter, you provided two options for satisfying the stream mitigation requirement associated with this project: payment into the North Carolina Wetland Restoration Program (WRP), it' the WRP would accept the responsibility for conducting this mitigation work, or preparing and implementing a stream mitigation plan. In our NWP No. 39 submittal to you dated August 7, 2000, NCDOC proposed stream restoration at a future Alexander County Correctional Facility site in the Catawba River Basin as compensation for impacts associated with the Anson County Correctional Facility project. Your office subsequently suggested that we locate a mitigation site within the same river sub-basin as our mitigation project. In a letter dated September 7, 2000, Mr. Mac Haupt, Implementation Coordinator with the WRP, revealed that payment into the Wetlands Restoration Fund was not acceptable because of the lack of mitigation projects located within the same cataloging unit as the impact. However, Mr. Haupt stated that if the U.S. Army Corps of Engineers (USACE) would allow utilizing restoration projects in the adjoining Yadkin River basin catalog unit (03040201), the WRP could accept payment for this project. In a telephone conversation between Mr. Allen Davis with the USACE Wilmington Office and Lisa Beckstrom of LAW on October 2, 2000, Mr. Davis stated that payment to the WRP for projects in the adjoining Yadkin River basin catalog unit (03040201) would be acceptable. This mitigation was subsequently included as a condition of the Section 404 Permits (See attached permits). LAW Enrtineerinq and Environmental Services. Inc. 2801 Yorkmont Road, Suite 100 • Charlotte NC 28208 M4 '157-8600 • Fax: 704-357-8638 Serving/ the 01?11lotte arca hn over 50 venr, Payment in the N.C. Wetland Restoration Program-Anson Counti, Correctional Facility November 22, 2000 LAW Project 30100-0-0025 LAW would appreciate your written concurrence with payment into the WRF for impacts associated with the Anson County Correctional Facility. If you have any questions or comments regarding this request please contact Michael lagnocco at (704) 357-8600 extension 5543. Sincerely, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. Michael A. agi cco Richard 13. Darling, C.E. Senior Env] nmental Scientist Principal Environmental Scientist MAI/RBD: jet BY WfTH PERMISSION Enclosure: General Permit Verifications cc: James E. Gates, NCDOC 2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200001592 County Anson Quad RUSSELLVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: James E. Gates Agent: Michael A. Iagnocco North Carolina Department of Correction LAW Engineering and Environmental Services, Incorporated Address: 4216 MSC - 2020 Yonkers Road 2801 Yorkmont Road, Suite 100 Raleigh, NC 27699-4216 Charlotte, NC 28208 Telephone No: (919) 716-3440 (704) 357-8600 Ext. 5543 Zone: 17 UTM or LAT/LONG: North: 3871500 East: 574500 Size and Location of project (water body, road name/number, town, etc.): in headwaters of Little Brown Creek southeast of Polkton, Anson County, North Carolina. Description of Activity: discharge fill material into 0.27 acre of wetlands and 242 linear feet of perennial stream for a correctional facility building and associated parking. Special Conditions: see attached page. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: Nationwide Permit Number 39 Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Of al specified below. Date: October 2, 2000 Corps Regulatory Official: Allen S. Davis Telephone No.: (910) 251-4466 Expiration Date of Verification: February 11, 2002 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 Special Conditions: The permittee shall mitigate for 242 linear feet of unavoidable impacts to perennial stream channel associated with this project by payment to the North Carolina Wetlands Restoration Program (NCWRP) in an amount determined by the NCWRP sufficient to perform 242 linear feet of warm water stream stream restoration mitigation in the Yadkin River basin (Cataloging Unit 03040201). Discharge into streams on the permitted project shall begin only after the permittee has made full payment to the NCWRP, and the NCWRP has made written confirmation to the District Engineer, that it has received payment and agrees to accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the Memorandum of Understanding between the North Carolina Department of Environment and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated November 4, 1998. The permittee shall mitigate for 0.27 acre of unavoidable impacts to wetlands associated with this project by establishment of continuous, permanent, protected vegetated buffers 50 feet wide on both sides of the centerline of all remaining streams within the property boundaries. Permittee shall maintain the buffers in their natural condition in perpetuity. Prohibited activities in the buffers include, but are not limited to, filling; grading; excavating; earth movement of any kind; construction of roads, walkways, buildings, signs, of any other structure; any activity that may alter the drainage patterns in the buffers; the destruction, mowing, or other alteration of vegetation in the buffers; disposal or storage of any garbage, trash, or other waste material. In addition, the permittee shall take no action, whether within or outside the buffers, which will adversely impact the buffers or adjacent streams. Federal Register / Vol. 65, No. 47/Thursday, March 9, 2000/Notices 12893 States adversely affected by the project; (2) A written statement to the District 6. Regional and Case-By-Case Conditions. The activity must com l which is likely to jeopardize the conti d i Engineer detailing cnmpliance with a p y nue ex stence of a threatened or with any regional conditions which may endangered species or a species paragraph (b), bove (i.e., why the discharge must occur in waters of the have been added by the division engineer (see 33 CFR 330.4(e)) and with proposed for such designation, as identified under the Federal Endan ered United States and why additional minimization cannot be achieved); (3) A any case specific conditions added by the Corps or by the State or tribe in its g Species Act, or which will destroy or adversely modify the critical habitat of description of measures taken to ensure that the proposed work complies with Section 401 water quality certification and Coastal Zone Management Act such species. Non-federal permittees shall notify the District Engineer if an paragraphs (c) through (0, above; and (4) A reclamation plan (for aggregate consistency determination. 7. Wild and Scenic Rivers. No activity y listed species or designated critical habitat might be affected or is in the mining in isolated waters and non-tidal wetlands adjacent to headwaters and may occur in a component of the National Wild and Scenic River System; vicinity of the project, or is located in the designated critical habitat and shall hard rock/mineral mining only). or in a river officially designated by not begin work on the activity until This NWP does not authorize hard Congress as a "study river" for possible notified by the District Engineer that the rock/mineral mining, including placer inclusion in the system, while the river requirements of the Endangered Species mining, in streams. No hard rock/ is in an official study status; unless the Act have been satisfied and that the mineral mining can occur in waters of appropriate Federal agency, with direct activity is authorized. For activities that the United States within 100 feet of the management responsibility for such may affect Federally-listed endangered ordinary high water mark of headwater river, has determined in writing that the or threatened species or designated streams. The terms "headwaters" and proposed activity will not adversely critical habitat, the notification must "isolated waters" are defined at 33 CFR 330.2(d) and (e), respectively. For the affect the Wild and Scenic River designation, or study status. Information include the name(s) of the endangered or threatened species that may be purposes of this NWP, the term "lower perennial stream" is defined as follows: on Wild and Scenic Rivers may be obtained from the appropriate Federal affected by the proposed work or that utilize the designated critical habitat "A stream in which the gradient is low land management agency in the area that may be affected by the proposed and water velocity is slow, there is no (e.g., National Park Service, U.S. Forest work. As a result of formal or informal tidal influence, some water flows Service, Bureau of Land Management, consultation with the FWS or NMFS throughout the year, and the substrate U.S. Fish and Wildlife Service). , the District Engineer may add species- consists mainly of sand and mud." 8. Tribal Rights. No activity or its specific regional endangered species (Sections 10 and 404) operation may impair reserved tribal rights, including but not limited t conditions to the NWPs. C. Nationwide Permit General Condition , o, reserved water rights and treaty fishing (b) Authorization of an activity by a nationwide permit does not authorize s The following general conditions and hunting rights. 9. Water Quality. (a) In certain States the "take" of a threatened or endangered species as defined under the Federal must be followed in order for any NWP to or authorization e by an be valid: and tribal lands an individual 401 water uality certification must be obtained or Endangered Species Act. In the absence f separate authorization (e.g., an ESA 1. Navigation. No activity may cause more than a minimal adverse effect cause waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, Section 10 Permit, a Biological Opinion with "incidental take" provisions etc ) navigation. 40, 42, 43, and 44, where the State or tribal 401 certification (either , . from the U.S. Fish and Wildlife Service 2. Proper Maintenance. Any structure or fill authorized shall be properly generically or individually) does not i or the National Marine Fisheries Service, both lethal and non-lethal maintained, including maintenance to requ re or approve a water quality management plan the ermittee must p "takes" of ro p tested species are ensure public safety. 3. Soil Erosion and Sediment , include design criteria and techniques violation of the Endangered Species Act. Information on the location of Controls. Appropriate soil erosion and that will ensure that the authorized work does not result in more th threatened and endangered species and sediment controls must be used and maintained in effective operatin an minimal degradation of water quality. their critical habitat can be obtained directly from the offices of the U.S. Fish g condition during construction, and all An important component of a water quality management plan includes and Wildlife Service and National M exposed soil and other fills, as well as any work below the ordinary high water stormwater manaement that minimizes degradation of the' downstream aquatic arine Fisheries Service or their world wide web paps at htt ://www rw / d mark or high tide line, must be permanently stabilized at the earliest system, including water quality. Refer to General Condition 21 for stormwate p . s.gov rgen spp/ ends pp.html and htt :!/w f / practicable date. r p ww.n ms.gov prot_res/ 4. Aquatic Life Movements. No management requirements. Another esahome.html, respectively. activity may substantially disrupt the important component of a water quality 12. Historic Properties. No activity movement of those species of aquatic life indigenous to the waterbod management plan is the establishment and maintenance of vegetated buffers which may affect historic properties listed, or eligible for listing, in the y, including those species which normally i h next to open waters, including streams. Refer to General Condition 19 for National Register of Historic Places is authorized, until the DE has complied m grate t rough the area, unless the activity's primary purpose is to vegetated buffer requirements for the with the provisions of 33 CFR part 325, impound water. Culverts placed in streams must be installed to maintain NWPs. 10. Coastal Zone Management. In Appendix C. The prospective permittee must notify the District Engineer if the low flow conditions certain states, an individual state coastal authorized activity may affect any . 5. Equipment. Heavy equipment k zone management consistency concurrence must be obtained or waived historic properties listed, determined to be eligible, or which the pros ective wor ing in wetlands must be placed on mats, or other measures must be taken (see Section 330.4(d)). 11. Endangered Species. (a) No p permittee has reason to believe may be eli ible f li ti h to minimize soil disturbance. activity is authorized under any NWP g or s ng on t e National Register of Historic Places, and shall not 12894 Federal Resister / Vol. 65, No. 47 / Thursday, March 9, 2000/Notices begin the activity until notified by the District Engineer that the requirements be used to authorize any part of the proposed project or any related activit sale agreement or other contract for sale h of the National Historic Preservation Ac Nava been satisfied and that the a ti it y t and - ; orp urc ase has been executed; (10) For NWP 31, Maintenance of c v y is authorized. Information on the (4) For NW Ps 7, 12, 14, 18, 21, 34, 38, 39, 40, 41 42 and 43 the PCN m t Existing Flood Control Projects, the i location and existence of historic , , , us also include a delineation of affected prospect ve permittee must either notify the District Engineer with a PCN i resources can be obtained from the State special aquatic sites, including Historic Preservation Office and the wetlands ve etated h ll pr or to each maintenance activity or submit fi National Register of Historic Places (see 33 CFR 330.4(8)). For activities that ma , g s a ows (e.g., submerged aquatic vegetation, seagrass b d a ve year (or less) maintenance plan. In addition, the PCN must include all of y affect historic properties listed in, or eligible for listing in the National e s), and riffle and pool complexes (see paragraph 13(f)); the following: (i) Sufficient baseline information so , Register of Historic Places, the notification must state which historic (5) For NWP 7, Outfall Structures and Maintenance, the PCN must include as to identify the approved channel depths and configurations and existing property may be affected by the proposed work or include a vicinit information regarding the original design capacities and configurations of facilities. Minor deviations are authorized, provided the approved flood y map indicating the location of the those areas of the facility where control protection or drainage is not historic property. maintenance dredging or excavation is increased; 13. Notification. (a) Timing: Where required by the terms of the NWP the proposed. (6) For NWP 14, Linear (ii) A delineation of any affected special aquatic sites, including , prospective permittee must notify the District Engineer with a preconstruction Transportation Crossings, the PCN must include a compensatory mitigation wetlands; and, (iii) Location of the dredged material notification (PCN) as early as possible. The District Engineer must determine if proposal to offset permanent losses of waters of the United States and a disposal site. (11) For NWP 33, Temporary the PCN is complete within 30 days of the date of receipt and can request the statement describing how temporary losses of waters of the United States will Construction, Access, and Dewatering, the PCN must also include a restoration additional information necessary to k be minimized to the maximum extent practicable. plan of reasonable measures to avoid and minimize adverse effects to a uatic ma e the PCN complete only once. However, if the prospective permittee does not rovide all e the requested p (7) For NWP 21, Surface Coal Mining Activities, the PCN must include an q resources. (12) For NWPs 39, 43, and 44, the P information, then the District Engineer ill Office of Surface Mining (OSM) or state- approved mitigation lan CN must also include a written statement to the District Engineer w notify the prospective permittee that the PCN is still incomplete and the is still p . (8) For NWP 27, Stream and Wetland explaining how avoidance and i PCN review rocess p will not commence until all f th f Restoration, the PCN must include documentation of the prior condition of m nimization of losses of waters of the United States were achieved on the o e re uested in ormation q has been received by the District the site that will be reverted by the i project site. (13) For NWP 39 Residential Engineer. The prospective permittee shall not begin the activit : perm ttee. (9) For NWP 29, Single-Family , , Commercial, and Institutional D y (1) Until notified in writing by the District Engineer that the activity ma Housing, the PCN must also include: Any past use this NWP by the evelopments, and NWP 42, Recreational Facilities, the PCN must i l d y proceed under the NWP with any ee individual vidual permitt and/or the ' nc u e a compensatory mitigation proposal that offsets unavoidable l special conditions imposed b the Y District or Division Engineer; or permittee s spouse; (ii) A statement that the single-family osses of waters of the United States or (2) If notified in writing by the District h housing activity is for a personal justification explaining why or Division Engineer that an individual residence of the permittee; compensatory mitigation should not be required permit is required; or (3) Unless 45 days have passed from (iii) A description of the entire parcel, including its size, and a delineation of . (14) For NWP 40, Agricultural the District Engineer's receipt of the complete notification and the wetlands. For the purpose of this NWP, parcels of land measuring 1/4 acre or less Activities, the PCN must include a compensatory mitigation proposal to prospective permittee has not received will not require a formal on-site offset losses of waters of the United States written notice from the District or Division Engineer. Subsequently, the ' delineation. However, the applicant shall provide an indication of where the . (15) For NWP 43, Stormwater Management Facilities the PCN must permittee s right to proceed under the wetlands are and the amount of , include, for the construction of new NWP may be modified, suspended, or revoked only in accordance with the wetlands that exists on the property. For parcels greater than 1/4 acre in size a stormwater management facilities, a procedure set forth in 33 CFR , formal wetland delineation must be maintenance plan (in accordance with State and local requirements if 330.5(d)(2). (b) Contents of Notification: The prepared in accordance with the current method required by the Corps (See , applicable) and a compensatory iti notification must be in writing and . paragraph 13(f)); m gation proposal to offset losses of waters of the United States include the following information: (1) Name, address, and telephone b (iv) A written description of all land (including, if available, legal . (16) For NWP 44, Mining Activities, the PCN must include a description of num ers of the prospective permittee; (2) Location of the proposed project; (3) Brief descri tion of the d descriptions) owned by the prospective permittee and/or the prospective ' all waters of the United States adversely affected by the project, a description of p propose project; the project's purpose; direct and indirect adverse environmental ff t permittee s spouse, within a one mile radius of the parcel, in any form of measures taken to minimize adverse effects to waters of the United States, a e ec s the project would cause; any other ownership (including any land owned as t description of measures taken to comply NWP(s), regional general permit(s), or individual permit(s) used or int d d a par ner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entiretv) with the criteria of the NWP, and a reclamation plan (for aggregate mining en e to and any land on which a purchase and activities in isolated waters and non- Federal Register/Vol. 65, No. 47 /Thursday, March 9, 2000 /Notices 1 ?RQS tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities). (17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved local floodplain maps), the notification must include documentation demonstrating that the proposed work complies with the appropriate FEMA or FEMA- approved local floodplain construction requirements. (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the process and the District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant stating that the project can proceed under the terms and conditions of the nationwide permit. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on the aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the United States will occur until the District Engineer has approved a specific mitigation plan. e) Agency Coordination: The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 1/2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site- specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to National Marine Fisheries Service within 30 days of receipt of anv Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than 1/4 acre in size. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter. The certification will include: (a) A statement that the authorized work was done in .f r - 12896 Federal Register / Vol. 65, No. 47/Thursday, March 9, 2000/Notices accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 acre. 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in exceptional circumstances. (b) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed; (c) The District Engineer will require restoration, creation, enhancement, or preservation of other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or near streams or other open waters is the establishment and maintenance, to the maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated buffer should consist of native species. The District Engineer will determine the appropriate width of the vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address documented water quality concerns. If there are open waters on the project site and the District Engineer requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one- to-one acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 39, 1/4 acre of wetlands cannot be created to change a 1/ acre loss of wetlands to a 1/4 acre loss; however, V2 acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss of wetlands). If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. "(d) To the extent appropriate, permittees should consider mitigation banking and other appropriate forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District Engineer determines that activity-specific compensatory mitigation is more appropriate, based on which is best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks of protected aquatic environment, are more likelv to meet the mitigation goals, and are more easily checked for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of the authorized work on the aquatic environment are minimal. 20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized, 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and must not increase water flows from the project site, relocate water, or redirect water flow beyond preconstruction conditions. In addition, the activity .f ,rr ?- Federal Register / Vol. 65, No. 47/Thursday, March 9, 2000/Notices 12247 must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. 22. Adverse Effects From Impoundments. If the activity, including structures and work in navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, State natural heritage sites, and outstanding national resource waters or other waters officially designated by a State as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12. 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged ur fill materials into waters of the United States may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after he determines that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100- Year Floodplains. For purposes of this general condition, 100-year floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade fills within the 100-year floodplain at or below the point on a stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the prospective permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above-grade fills in waters of the United States within the 100-year floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction requirements. (b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is five cubic feet per second). (1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District Engineer in accordance with General Condition 13. The notification must include documentation that such discharges comply with FEMA or FELLA-approved local floodplain construction requirements. (2) Fooodwav. Discharges of dredged or fill material into waters of the United States resulting in permanent, above- grade fills within the floodwav of the 100-year floodplain of headwaters are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA-approved local floodplain constnuction requirements. a D. Further information 1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. E. Definitions Best management practices: Best Management Practices (BMPs) are policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. A BMP policy may affect the limits on a development. Compensatory mitigation: For purposes of Section 10/404, compensatory mitigation is the restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Creation: The establishment of a wetland or other aquatic resource where one did not formerly exist. Enhancement: Activities conducted in existing wetlands or other aquatic resources which increase one or more aquatic functions. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Farm tract: A unit of contiguous land under one ownership which is operated as a farm or part of a farm. Flood Fringe: That portion of the 100- year floodplain outside of the floodway (often referred to as "floodway fringe." Fooodway: The area regulated by Federal, state, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than Re: 001048, NC Dept of Correction, Anson Co Subject: Re: 001048, NC Dept of Correction, Anson Co Date: Mon, 23 Oct 2000 11:26:00 -0400 From: Ron Ferrell <ron.ferrell @ncmail.net> To: Ken Averitte <Ken.Averitte@ncmail.net> CC: Cyndi Karoly <Cyndi.Karoly@NCMail.Net> Ken, Cyndi indicated Friday that the 401 was on hold for stormwater reasons. Do you agree with the COE mitigation requirements, i.e. do they equal what DWQ will require? Any problem with sending the applicant an invoice based on the 404 mitigation requirements? Thanks Ron Ken Averitte wrote: > this was on hold for a while, during the time I was gone. Since I got back, > I faxed a copy of the WRP agreement to Cyndi, who apparently didn't get a > copy. Should be resolved by now. If not, let me know and I'll do what I can. > Ron Ferrell wrote: > > > Ken and Cyndi, > > We have received a 404 permit for the subject project but have been > > informed that the 401 is on hold. I am not sure the reason the project > > is on hold, hopefully not because of mitigation. In accordance with our > > procedures we notified the region and 401 group of our willingness to > > accept this requirement and after the appropriate period notified the > > applicant that we would accept the mitigation in a letter dated 1015100, > > copies to Ken and Rob Ridings. Please note that this acceptance is a > > little unusual in that the COE has authorized the mitigation in the > > adjacent CU. This would still be consistent with the DWQ rules, same > > river basin and physiographic province. > > The 404 permits (39 and 14) authorize a total of 312 feet of stream > > impact and 0.3 acres of wetlands, requiring mitigation for streams > > through payment to WRP for 312 feet of stream impacts. Wetland > > mitigation satisfied by establishing buffers along streams. > > Please advise concerning the status of the 401. As far as I am > > concerned they do not have a valid 404 until the 401 is issued therefore > > I cannot send the applicant an invoice. > > Thanks in advance for your assistance. > > Ron l of 1 10/23/00 12:34 PM 001048, NC Dept of Correction, Anson Co Subject: 001048, NC Dept of Correction, Anson Co Date: Fri, 20 Oct 2000 08:07:14 -0400 From: Ron Ferrell <ron.ferrell@ncmail.net> To: Ken Averitte <Ken.Averitte@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Crystal Braswell <Crystal.BraswelI@ncmail.net> Ken and Cyndi, We have received a 404 permit for the subject project but have been informed that the 401 is on hold. I am not sure the reason the project is on hold, hopefully not because of mitigation. In accordance with our procedures we notified the region and 401 group of our willingness to accept this requirement and after the appropriate period notified the applicant that we would accept the mitigation in a letter dated 10/5/00, copies to Ken and Rob Ridings. Please note that this acceptance is a little unusual in that the COE has authorized the mitigation in the adjacent CU. This would still be consistent with the DWQ rules, same river basin and physiographic province. The 404 permits (39 and 14) authorize a total of 312 feet of stream impact and 0.3 acres of wetlands, requiring mitigation for streams through payment to WRP for 312 feet of stream impacts. Wetland mitigation satisfied by establishing buffers along streams. Please advise concerning the status of the 401. As far as I am concerned they do not have a valid 404 until the 401 is issued therefore I cannot send the applicant an invoice. Thanks in advance for your assistance. Ron 101,1 10/20/00 9:07 AM A N?pOCT. 11.2000 co for) project Name county a= Wetland_Loestion pond or lake perennial M= .D intermittent stream within interstream davit other Soil series predominantly orgaaio - humus, much predominantly mineral - noa-sandy predominantly sandy Hydrsalie fhetous a? eep topography ?tched or chaaaeliNd total wedand width x100 foet Wetland type (select one)* • oml=d hardwood forest Headwater forest _ Swamp forest wet ft _ Pocosin BOB forest be silt or Nearest Road -- vvv?v-_i rifiAA - i Adjacent d use (W" mile upstream, upsloFe\ or radius) ?f ,- ?.rra2ural vegetation ?? Yo , agri' riture, urban/subud= je,- imprious surthceJ.? Y° Donzlnan?vegetatia //,t j (1) } ?j (2) (3) Flooding Ond wstneas semi ermanently to penmeaently fto or inundated y tlood?ad or hWVb ted $o?ded or UmPO oY WSW no dence of:loodiog or nufte water P savanna j -Pi er marsh 8 E emeral wb? Hand C Tina Bay Water storage R A BmWSboreWu stabilization -- T Mutant removal j Wildlife habitat N Aguatia lift value .?.-? G ReweatioNVUcation *Add 1 point if in sensitive watershed and >10'/° nonpoint Wetland x 4,00m Wng x 4.00 • x 5.00 x 2,00 x 4.00 R x 1.00 sl ;sturbanu1within 112 mile upMU116 1111 I F OCT. 11.2000 4: 39PM LNV1KUNMLn 1 HL. MUM I 11V . LU- 1 .- *1W NORTH CpROL,INA DI[PARTMENT OF KNVI ONMBNT AND NATURAL, RESOURCES ! DIVISION OR WA VSR QUALITY October 5, 2000 P ! J V L R-, Ms. Lisa J Beckstrom Law Engineering and Environmental Servi 0 20M 2801 Yorkmont Road Charlotte, NC 28208 ??'1,':? +? ?y " Subject: Payment to Wetlands storation Fund NC Dept. of Correctio Anson County Dear Ms. Beekstrom: The North Carolina Wetlands Restora 'on Program (NCWRP) received your October 2, 2000 letter requesting that the NC VRP readdress its decision of denying the acceptance of payment for the compensatory 'tigation requirements for the NC Department of Corrections in Anson County. Based on information provided by you, approximately 312 linear feet of stream in ca oging unit 03040104 of the Yadkin River basin was needed for mitigation, You report A that in a telephone eonve> sation with Allen Davis of the USACOE, he approved using ca oging unit 03040201 as an alternative watershed for the mitigation to be done. In light of this new information regar ng this request, NCWRP will accept 312 linear feet of stream mitigation for tht: Dcp ent of Corrections, Anson County, provided that mitigation can be performed in ataloging unit 03040201. We will only accept this payment if the use of the altemati a cataloging unit is written as a condition in the 404 permit. We appreciate your interest in the R any questions concerning this matter please Restoration Program and if you have me at (919) 733-5314. :ercly, Haupt lementation Coordinator Wetlands Restoration Program Cc: Rob Ridings, DWQA01/Wetlands i Allen Davis, USACOE-Wilmington ???itEe'DWQ?'RQ? FrRSr I WLTLANDS RR4TORAr1ON PROGRAM 1019 MAIL stRY1619 C[NTtR, RALKlaN, NC 47499.1 e19 webs! h2o.ennstets.Ite.u4 pHeNC91a.722-9100 FAX91>-"3-0781 AN LOYAL OPPORTUNITY I AFTIRMATIVR A T1oN 4'MPLOYSR • 110% Rxcyc"011016 roo"ONNUM¢R PAPel MEMORANDUM TO: John Dorney Regional Contact: Ken Averitte Non-Discharge Branch WO Supervisor: Paul Rawls Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Anson County Correctional Facility County Anson Project Number 00 1048 County2 Recvd From APP Region Fayetteville Received Date 8/10/00 Recvd By Region 8/15/2000 Project Type Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE 31-39- F OTE1O Y ON 64 1-3-20-1 F C F- 30,710. 0.27 F- 242.00 481.00 F14 Stream O YO N F- F-- r-F- F_ F- 242.00 70.00 • 60.00 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? pQ Y O N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? O Y 6 N Is Mitigation required? Q Y O N Recommendation: Q Issue * Issue/fond O Deny Provided by Region: Latitude (ddmmss) 345905 Longitude (ddmmss) 801049 Comments: I guess It's not my place to que stion the pe rennial vs. intermittent calls. Assuming I was In the nght locations t hese st reams appea r to be inter mittent for sure. The streams indicated as intermittent are , g .ne y d itches o r drainage s wales at the toe of an extensive fill area. The impacted areas identified a s "pere nnial" are m arginal (in m u o inio . However, it is my understandina that the DOC has agreed to miti gate for thes e impacts. T he only question with this project is the need for the road crossing on the w estern side n ear the sewe r pip station- There is an existing road parallel to this new entran ce. on the other side of the "stre am". This road appears to be in a suitable location to serve the p ropose d need. How ever there is an existing RCP crossing in the immediate vicinity of the propos ed cros sing. Althou , gh the wetla nd score is relatively hjgh, the water quality impacts of this project are minima lspec:ially given the pr oposed storm water detention/treatment facilities. Given the s tream distance tM12 .s onpro t al is conditioned on suitable mitigation proposal and installation of satis factory storm , water man agement system as well as SEPA o.k. Of required. cc: Regional Office Central Office Page Number 1 Facility Name Anson County Correctional Facility County Anson Project Number 00 1048 Regional Contact: Ken Averitte Date: 10/11/2000 Comments (continued from page 1): installation of satisfactory storm water management system, as well as SEPA OK, If required. cc: Regional Office Central Office Page Number 2 Also, please provide details of the stormwater plan referenced in your application. Until this information is received, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H.0507(h)). I can be reached at (919) 733-1786. cerel , Do ey cc: Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office File Copy Central Files Mike Iagnocco, 2801 Yorkmont Road, Suite 100, Charlotte, NC, 28208 001048 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 • • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 12, 2000 Anson County DWQ Project No. 001048 James Gates North Carolina Department of Correction 4216 Mail Service Center Raleigh, NC, 27699-4216 Dear Mr. Gates: On August 10, 2000, the NC Division of Water Quality received your application for a 401 Water Quality Certification to impact 312 linear feet of perennial streams and 0.27 acre of wetlands for the proposed Anson County Correctional Facility. Since you propose to, impact greater than 150 linear feet of perennial streams, compensatory stream mitigation will be required in accordance with 15A NCAC 2H.0506(h). You have the following options for satisfying the stream mitigation requirement associated with this project: 1. Payment into the North Carolina Wetland Restoration Program, if the WRP will accept the responsibility for conducting this mitigation work, or 2. Preparing and implementing a stream mitigation plan. In your application, you have referenced a potential stream restoration site on Department of Correction property in Alexander County, but have delayed preparation of a stream mitigation plan until such time that your proposed mitigation site is accepted. Please note that your application will be considered incomplete until a mitigation plan is forwarded to this office. Furthermore, your proposed mitigation site is within the Catawba River Basin, while your impact site is located within the Yadkin-Pee Dee River Basin. We strongly suggest that you locate a mitigation site within the same river sub-basin as your project. Please see the Draft Technical Guide for Stream Work in North Carolina on our web site at http://h2o.enr.state.nc.us/ncwetlands/strmizide.htmi for assistance in developing a stream restoration plan. Additional options of stream enhancement, streambank stabilization, and/or stream preservation may also be feasible for you. See the Interim, Internal DWQ Policy on Stream Mitigation Options and Macrobenthos Monitoring for the appropriate mitigation ratios. This document is also available on our web site at http://h2o.ehnr.state.nc.us/Ndbranch/wetland/strmmito.htm . As an alternative, you have proposed payment into the WRP in lieu of developing your own mitigation plan. If you wish to pursue this alternative, please contact Mr. Ron Ferrell at (919) 733-5208 to ask whether the WRP will be able to add this project to their schedule. If so, you should obtain written verification from the WRP and provide a copy of their concurrence to this office. Wetland mitigation will not be required for this project. Division of Water Quality • Non-Discharge Branch 401/Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Anson County Correctional Facility Project Number 00 1048 Recvd From APP Received Date 8/10/00 Project Type Recvd By Region 8/15/2000 County Anson County2 Region Fayetteville Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 39 5THO Y O N 64 13-20-1 ??- 30,7 10. 0.27 14 Stream P-7@ N F-F-F_F-r-F- 242.00 F_ F_ O Y O N F_ F_ F_F_ F__ F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y O N Did you request more info? Q Y QQ N Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N Is Mitigation required? Q Y O N Recommendation: Q Issue * Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 345905 Longitude (ddmmss) 801049 Comments: I guess it's not my place to the pe rennial vs. intermittent calls. Assuming I was in the right locations, t hese st reams appea r to be inter mittent for sure. The streams indicated as intermittent are generally d itches or drainage s wales at the toe of an extensive fill area. The impacted areas identified a s "pere nnial" are m arginal (in m y o ipnion). However, it is my understanding that the DOC has agreed to miti gate for thes e impacts. T he only question with this eject is the need for the road crossing on the w estern sade n ear the sew er imp station- There is an existing road parallel to this new entran ce, on the other side of the "stre am". This road appears to be in a suitable location to serve the p ropose d need. How ever there is an existing RCP crossing in the immediate vicinity of the impos ed cros sing. Althou , gh the wetla nd score is relatively high, the water quality impacts of this eject are minima lg?jjy given the pr oposed storm water detention/treatment facilities. Given the s tream distance imp acts approv al is conditioned on suitable mitigation proposal and installation of satis factory storm , water man agement system, as well as SEPA o.k. Of required. cc: Regional Office Central Office Page Number 1 Facility Name Anson County Correctional Facility County Anson Project Number 00 1048 Comments (continued from page 1): Date: Ken Averitte Regional Contact: cc: Regional Office Page Number 2 Central Office 42PT STATE OF NORTH CAROLINA DEPARTMENT OF CORRECTION NO. 874760 4 DATE INVOICE/CREDIT MEMO TYPE DESCRIPTION INVOICE AMOUNT DEDUCTIONS OR DISCOUNT NET AMOUNT 07/07/00 070700 072500-0442 $475.00 $475.00 RETURN TO VIVIAN 3 ? VJE TI ,' wnrK. TOTALS 475.00 475.00