HomeMy WebLinkAbout19930447 Ver 1_COMPLETE FILE_19930525State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
E H N F1
A. Preston Howard, Jr., P.E., Director
June 1, 1993
Rufus McAden
3303 Clarendon Blvd.
New Bern, N.C. 28561
Dear Mr. McAden:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Craven County
DEM Project # 93447
Upon review of your request for 401 Water Quality Certification to place fill material in
0.05 acres of wetlands or waters which are tributary to Wehoe Creek for road crossing located
at North Rivershore Dr. in Craven. County as described in your submittal dated 19 May 1993
we have determined that the proposed fill can be covered by General Water Quality
Certification No. 2732 issued January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for coverage under Corps of
Engineers' General Permit No. 14.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
reston Howard, Jr. P. .
93447.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
J. Kevin Avolis; Avolis Engineering
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunrfy Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY +? U m
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 14, 1993
Regulatory Branch
Action ID. 199302660 and Nationwide Permit No. 14 (Road Crossing)
Mr. Rufus McAden
3303 Clarendon Boulevard
New Bern, North Carolina 28561
Dear Mr. McAden:
Reference your application of May 19, 1993, for Department of the Army
authorization to place fill material in 0.05 acre of wetlands adjacent to the
Neuse River, at the end of North Rivershore Drive, in New Bern, Craven County,
North Carolina. The proposed project is to construct a 12-f9ot wide,
100-foot-long road, along the edge of the wetlands, to access the rear high
ground portions of your property.
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, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
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. Norm Sanders of 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
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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 27611-76-87
Mr. Charles Jones, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 769
Morehead City, North Carolina 28557
Kevin Avolis
Avolis Engineering, P.A.
Post Office Box 15564
New Bern, North Carolina 28561
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Joe Squires
Craven County Building Code Administrator
Post Office Drawer R
New Bern, North Carolina 28563
°?STATEa ? LS V ? ? U L`j
JUN 1 41993
WETLANDS r?nu? i
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3441 Arendell Street • Morehead City, North Carolina 28557
June 8, 1993
James B. Hunt, Jr., Governor Roger N. Schecter
Jonathan B. Howes, Secretary Director
Mr. Rufus McAden
3303 Clarendon Boulevard
New Bern, NC 28561
RE: DEM ID# 93-447, Nationwide Permit Application for an activity located adjacent to the
Neuse River, near New Bern, Craven County.
Dear Mr. McAden:
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated April 18, 1993 pursuant to Section 307 of the Coastal Zone Management Act
of 1972 as amended. Based upon our review, we have determined that the proposed activity is consistent
with the North Carolina Coastal Management Program provided the following conditions are met:
1, The activity described in the above referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17,
21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
(919) 726-7021, Ext. 263, if you have any questions or need further assistance.
Sincerely,
S?
Charles S. Jones
District Manager
CSI /dh
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
P.o. Box 769 Morehead City, N.C. 28557 • Telephone 919-726-70210 Fax 919-247-3330
An Equal opportunity Affirmative Action Employer
Z7`3
May 19, 1993
AVOLIS ENGINEERING, P.A.
P.O. Box 15564 • New Bern, North Carolina 28561 • (919) 633-0068
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health
and Natural Resources
Post Office Box 29535
Raleigh, NC 27626-0535
D
RE: Rufus McAden Property, North Riverstone Drive,
Craven County, New Bern, NC
Our file 93074
Dear Mr. Dorney:
MAY 2 41993
Please find attached "Joint Form for Nationwide Permit #14" for the
referenced property. Enclosed is the proper permit application
form and supporting documentation.
Mr. Norm Sanders of the Washington Regional Office of the U.S. Army
Corps of Engineers has completed a preliminary site inspection of
the property.
If upon your review of the permit application you should have any
questions or need any additional information, please do not
hesitate to call. Your attention toward processing this request is
appreciated.
Sincer
. Kevin Avolis, P.E.
Vice-President
DEM ID: ACTION ID: - P/3qqq Nationwide Permit Requested (Provide Nationwide Permit #): 14
JOINT FORM FOR 1ISSUED
Nationwide permits that require notification to the Corps of?ngineers
Nationwide permits that require application for 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 ENVIRONMENTAL ?
NC DEPARTMENT OF ENVIRO I
AN NA293U 35 L RESOURCES P.O.
NC 27626-0535
MAY24 1993 {i-
ATTN: MR. jOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT.
1. Owners Name: Rufus McAllen
2. Owners Address: 3303 Clarendon Blvd., New Bern, NC 28561
3. Owners Phone Number (Home): (919) 638-2387 (Work): (919) 637-4173
4. If Applicable: Agent's name or respohsible corporate official, address, phone number.
Avolis Engineering, P.A.
P.O. Box 15564
New Bern, NC 28561 (919) 633-0068
5. Location of work (MUST ATTACH MAP). County: Craven
Nearest Town or City: New Bern
Specific Location (Include road numbers, landmarks, etc.): See Attached Vicinity Map.
North Rivershore Dr.
6. Name of Closest Stream/River: Neuse River
7. River Basin: Neuse
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO I(]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site
1.5 Acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.05
Drained: None
Flooded: None
Excavated: None
Total Impacted: 0.05
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Fill edge of wetlands
area to allow installation of driveway to access to upland area on site.
13. Purpose of proposed work: Access to uplands.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Locating drive as shown reduces extreme cut into
hark ands e=ent bulk headincr (See BPI ow)
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 orproposed 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 [X ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [? ] NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland?delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. _
D. If a stormwater management plan is required for this project, attach copy. N/A
E. What is land use of surrounding property? R si dent; al
F. If applicable, what is proposed method of sewage disposal? Public Sewer exists on site.
#14 Cont'd: Driveway has been shifted best spot to minimize impact to
wetlands and to reduce need or costly bulkheading and shoving of
uphill slope.
DATA FORM
ROUTINE ONSITE DETERMINATION METHOD1
Fmid Investigator(s):
Date: Q
f
Project/Site:6c A r»s n? ?r?rt
State' --L-4 4- County: 2,
Caa.Vt'?
Applicant/Owner: A Plant Community xMame: l i2il fA( h 4(4d -
Note: If a more detailed site description is necessary, use the back of data form or a l?ieid
------------------ notebook.
----------------
Do norma environmental conditions exist at the plant community?
! -----------
Yes
No (ff no, explain on back)
Has the vegetation, soils, and/or hydrology been significantly disturbed?
Yes No (tf yes, explain on back)
-
--------------------------------
VEGETATION -----------
Indicator
Dominant Plant Species Status Stratum Dominant Plant Species Indicator
Status Stratum
2.?_/^uLir?Lrw 12.
3. 13.
4. 14.
5. 15.
6. _ 16
7. 17.
8. 18.
9. 19.
10. 20.
Percent of dominant species that are OBL, FACW, and/or FAC /cc ?2,
Is the hydrophytic vegetation criterion met? Yes 1C No
Rationale: - sb N-) 49d* y fiG YP? it f o.J
SOILS
Series(phase: _M M W6s,,,ll0L.>*4 &u, ?('N- Subgroup:2
Is the soil on the hydric soils list? Yes V_ No fk"' Jndetermined
Is the soil a Histosol? Yes No Histic epipedon present? Yes No
Is the soil: Mottled? a No _!C_- Gleyed? Yes No fe
Matrix Color: Mottle Colors: N1-4-
Other hydric soil indicators:
Is the hydric soil criterio m t? Yes _ 1C No
Rationale: Li??eG? ,.,iv'C c-„7 / /dam
HYDROLOGY
Is the ground surface inundated? Yes No Surface water depth:
Is the soil saturated? Yes_ No
Depth to free-standing water in pit/soil probe hole:
List other field evidence of surface inundation or soil saturation.
OQW
Is the wetland hydrology criterign rt??t? Yes _?
Rationale: - G f7" = -A, ?rbi,.Jt jLY r
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes
Rationale for jurisdictional decision: --6
This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community
Assessment Procedure.
2 Classification according to 'Soil Taxonomy.'
B-2
t??
DATA FORM
ROUTINE ONSITE DETERMINATION METHOD1
Field Investigator(s): 1/64S dk? 4> L, L S Date: Lt I I C' I q.'7'
Project/She: O A tent 'Pam r?rz-rt State, LA L County: C ;?.vr-..
Applicant/Owner: -A'a-• -- PAes? R, A • Plant Community #/Name: J
Note: If a more detailed site description is necessary, use the back of data form or a ieid notebook.
---------------------------------------------------
Do norms environmental conditions exist at the plant community?
Yes No (If no, explain on back)
Has the vegetation, soils, and/or hydrology been significantly disturbed?
Yes No ? (If yes, explain on back)
---------------------------------------------------
VEGETATION
Indicator Indicator
Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum
2 "I- elk I 12
3. 13.
4. 14.
5. 15.
6. _ 16.
7. 17.
8. 18.
9. 19.
10. 20.
Percent of dominant species that are OBI, FACW, and/or FAC
Is the hydrophytic vegetation cjiterion t Yes No _?
Rationale: * P ?W i F,4C?
SOILS
Seriestphase: H Subgroup:2
Is the soil on the hydric.soils list? Yes No Undetermined
Is the soil a Histosol? Yes No )- Histic epipedon present? Yes No )k'
Is the soil: Mottle Z, Y s No _ Gleyed? Yes No k-
Matra Color: Mottle Colors: ,,f/.4
Other hydric soil ind! 'ors(
cat .
Is the hydric soil cm rion et? Yes No
Rationale:
HYDROLOGY
Is the ground surface inundated? Yes Nox Surface water depth:
Is the soil saturated? Yes No
Depth to free-standing water in pit/soil probe hole:
List othejfield ?evidence of surface inundation or soil saturation.
Is the wetland hydplo¢y criterion met? Yes No
Rationale: IVII- . ;i ALE A-r AL T.c?rci -1 IV"
?ae
JU! DIC-TIONAL DETERMINATION AND RATIONALE 0Y P Is the plant community a wetland? Yes N
Rationale for jurisdictional decision: Gj .&ink al-e 6?
This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community
Assessment Procedure.
2 Classification according to 'Soil Taxonomy.'
B-2
Avolis Engineering, PA
i Post Office Box 15564
New Bern, North Carolina 28563-15564
Purpose (919) 633-0068
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New Bern, North Carolina 28563-15564
(919) 633-0068
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Date:
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Post Office Box 15564
New Bern, North Carolina 28563-15564
(919) 633-0068
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