19910408 Ver 1_COMPLETE FILE_19910101

3 .»

y,
tic'.
i
i
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr„ Secretary
May 1, 1991
George T. Everett, Ph.D.
Director
s
Mr. Linwood O'Neal
City of High Point
Director of Water and Sewer Utilities
Post Office Box 230
High Point, North Carolina 27261
Dear Mr. O'Neal:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Water Quality Ponds (2)
Guilford County
Upon review of your request for Water Quality Certification
to place fill material in 0.62 acres-of wetlands for ponds, we
have determined that the proposed fill can.be--covered by General
Water Quality Certification No. 2176 issued November 4, 1987. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No._26.
If you have any questions, please contact John Dorney
at 919/733-5083. -
Sincerely,
George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Winston-Salem Regional Office
Mr. John Dorney
Central Files
Po®udon Pm%wW&m Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
00•N*

GENERAL CERTIFICATION
THIS GENERAL CERTIFICATION is issued in conformity with
the requirements of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to the North
Carolina Division of Environmental Management Regulations in
15NCAC2H, Section .0500 for the discharge of fill material
to navigable waters or adjacent wetlands areas which are
above the headwaters or to wetland areas that are not a part
of the surface tributary system to interstate waters or
navigable waters of the United States (i.e. isolated
wetlands) as described in 33 CFR 330.5(a)(26) of the Corps
of Engineers' regulations. The category of activities shall
include any fill activity in these headwaters and isolated
wetlands areas where the activity does not result in the
loss or substantial modification of 10 acres or more of
waters of the United States, including wetlands.
The State of North Carolina certifies that the
specified category of activity will not violate Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and
95-217 if conducted in accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of 1 to
10 acres of such waters, including wetlands,
requires a written concurrence from the Division
of Environmental Management. Activities involving
less than one acre do not require written
concurrence.
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, II,
or III (public water supplies) and SA (shellfish
waters). This exclusion also applies to fill in
wetlands adjacent to these waters. Discharge
proposed for these waters or wetlands must be
considered for certification on a case-by-case
basis;

- 2 -
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;
4. That established erosion control practices are
utilized to prevent excessive increases. in
turbidity and settleable solids concentrations in
the water body as a result of the discharge;
5. That the discharge of fill material shall be in
accordance with the conditions and management
practices specified by the Corps of Engineers in
33 CFR 330.5 and 330.6 for nationwide permit
number 26.
Non-compliance with or violation of the conditions
herein set forth by a specific fill project shall result in
revocation of this Certification for the project.
The Director of the North Carolina Division of
Environmental Management may require submission of a formal
application for certification for any project in this
category of activity, if it is determined that the project
is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses are
precluded.
Public Hearings may be held for specific applications
or group of applications prior to Certification if deemed in
the public's best interest by the Director of the North
Carolina Division of Environmental Management.
k
This the day of
DIVISION O01ENVIR, N NT,4 MANAGEMENT
BY
d
R. Paul Wilms, Director
_I
;I
?:I

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
A4
YE ,
Ti
IN REPLY REFER TO
Regulatory Branch
Action ID. 199101914
May 3, 1991
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
Dear Mr. Dorney:
S: July 3, 1991
ifs, t: '
Enclosed is the application of the City of High Point for Department of
the Army authorization and a State Water Quality Certification to place fill
material in the waters/wetlands of the East Fork Deep River associated with
construction of a regional storm water pond, east of N.C. Highway 68 and south
of Galimore Dairy Road, High Point, Guilford County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant-to Section
404 of the Clean Water Act, and we have determined that a water quality'
certification may be required under the provisions of Section 401 of the same -
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by July 3, 1991, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. John Thomas, telephone (919)
846-0648.
Sincerely,
?.1_? OvL_?
r
Enclosure
G. Wayne Wright
Chief, Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 C', s T'
IN REPLY REFER TO February 25, 1991
T,
Regulatory Branch ?- J
?•Yi
SUBJECT: CESAW-C090-J-041 and Nationwide Permit No. 26
1I
Mr. Linwood E. O'Neal
Director of Water & Sewer Utilities
Post Office Box 230 }
High Point, North Carolina 27261
Dear Mr. O'Neal:
Reference your letter of December 18, 1990, concerning the City of High
Point's proposed construction of Piedmont and Davis Lakes located at the
Piedmont Center Development off N.C. 68 adjacent to East Fork Deep River and
its associated tributaries, north of High Point, Guilford County, North
Carolina. By that letter, you advised the Corps of Engineers that you
intended to proceed with the construction of these aforementioned lakes under
the authorization provided by Nationwide Permit No. 26.
Based on prior jurisdictional delineations confirmed by this office, our
review of the referenced letter, and a site visit conducted on February 6,
1991, by Messrs. John Thomas and Ken Jolly of my staff, we-concur with your
statement that adverse wetland impacts will not exceed 0.62 acr
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330, published in the Federal Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams, and
their lakes and impoundments, including adjacent wetlands, that are located
above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States.
Your proposed work, involving adverse modification to less than 1 acre
(0.62 acres) of wetlands and waters of the United States located above the
headwaters of unnamed tributaries of East Fork Deep River, is authorized by
nationwide permit provided it is accomplished in strict accordance with the
enclosed conditions. Please be aware that this authorization does not relieve
you of the responsibility to obtain any other required or local approval. You
should contact Mr. John Dorney, North Carolina Division of Environmental
Management, [phone], to obtain the necessary Section 401 Water Qualitv
Certification prior to starting work.
This verification will be valid until the nationwide permit is modified,
reissued, or revoked. All nationwide permits are scheduled to be modified.
reissued, or revoked prior to January 13, 1992. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing changes when they occur. Furthermore, if you commence, or
r;.
;'ti
- ?';
z.
:?'

r, ?
?
i
,
?'?.
.!
?}
?.,
PZ.
a::

R'
;? ;
•t
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 23, 1991
M E M O R A N D U M
TO: John Dorney - ?°
THROUGH: M. Steven Maune -
/? I 3 J±c 4%?1
" FROM: Eric Galamb`
c
SUBJECT: 401 Certificatio
Sarah Watts, Pond Construction
Forsyth County
Stan Wright, Pond Construction
Davidson County
N. L. Dunn, Pond Construction
Forsyth County
City of High Point, Water Quality Pond
Guilford County
These sites were not inspected. Old Richmond Creek is
classified WS III. This creek is associated with the Sarah
Watts project. The work will adversely affect 0.14 acres of
wetlands.
The Stan Wright project involves an U.T. to Bushy Fork
Creek, a WS III watershed. The pond construction will affect
0.48 acres of wetlands.
The N.L. Dunn project involves Hunters Creek, a WS III
watershed. The project will affect 0.24 acres of wetlands.
z.

The City of High Point water quality pond involves the
East Fork of the Deep River, a WS III watershed.
Each of these ponds should be constructed with siphon
dams. This will ensure that cooler water is discharged into
the receiving stream. With this condition, the WSRO
recommends that a certificate be issued for the subject
project.
EEG/vm
cc: WSRO
Q-)

F .,;
'?
}

G
??
F
{'.?i
M
Y
1
t
'.1
S
},
??
/y....