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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 ? Sketch ? Calculation To: ??A+=us\e Abp 2--s . Date: ? Transmittal ? Data NI 4,P Project: ? 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