HomeMy WebLinkAbout19930011 Ver 1_Complete File_19930313State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 1, 1993
J.M. Boyette heirs
c/o Ron Sutton
P.O. Box 609
Wilson, N.C. 27893
Dear Mr. Sutton:
AIT?I;Tv
E:) EHNR
Subject: Proposed fill in Wetlands or Waters
Residential fill
Wilson County
DEM Project # 93011, COE # 199300921
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.50 acres of wetlands or waters which are
tributary to Bloomery Swamp Creek for residential development located
at Forest Hills Road in Wilson County as described in your submittal
dated 16 July 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2671 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' Nationwide Permit No. 26. This approval updates my earlier
letter of 7 April 1993 to allow fill in lot 131, the southwestern
portion of lot 24, small portion of lots 130 and 25 and the
northeastern part of lot 132 as shown in your submittal of 16 July.
All other conditions of the 7 April 1993 Certification still apply.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Since e ,
eston oward, Jr. P.E.
93011a.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Ronnie Sutton: F.T. Green and Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
V
F.T.GREEN& ASSOCIATES
ENGINEERS / PLANNERS / SURVEYORS
POST OFFICE BOX 609 1 303 NORTH GOLDSBORO STREET I WILSON, NORTH CAROLINA 27893
TELEPHONE (919) 237.5365
July 16, 1993
Mr. Carl Shaffer
State of North Carolina
Department of Environment, Health
and Natural Resources
Raleigh Regional Office
Post Office Box 29535
Raleigh, North Carolina 27626-0535
SUBJECT: Proposed Fill in Wetlands or Waters
Residential Development
Wilson County
DEM Project #93011
COE # 199300921
Dear Carl:
RECEIVED
,yin N 1993
DEHNR-RAL RO
We are in receipt of A. Preston Howard's letter of April 7,
1993 granting a 401 Water Quality Certification to place fill
material in 0.50 acres of wetlands or water which are tributary to
Bloomery Swamp Creek. As previously discussed by phone, we
disagree with condition #2 of the certification that states "no
wetland fill is allowed on lots 132, 24 and 23".
The plan as submitted and approved by the Corps of Engineers
allows for fill in wetland areas on lot 131, the southwestern
portion of lot 24, and small portions of lots 130 and 25 and the
northeastern portion of lot 132. I have attached a sketch
highlighting the areas of fill. I realize that it was difficult to
determine property lines from the sketch you had. When we do our
final platting of this property, we will place all the protected
wetland area in one lot and place restrictions on this property.
c? l
/
7ja? Ata-Z-GAP ?p
Mr. Carl Shaffer
July 16,1993
Page 2
We respectfully request that you issue a new approval letter
clarifying the above.
If you should have any questions, please feel free to call me.
Respectfully,
GREEN & SSOCIATES, P. A.
ie L. S ton, P. E.
RLS/kta
Enclosure
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James A. Poteat
Environmental Consultant
275 Red Fox Trail
Hampstead, NC 26443
January 5, 1993
Mr. John Dornev
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural Resources
and Community Development
PO Box 29535
Raleigh, North Carolina 27626-0535
Dear John,
(919) 270-2465
(919) 270-2664
Please accept the J. M. Boyette family's application for a 401 Certification to construct a
three-tiered retention basin and fill within a 1.47 acre "headwater" wetland located in a
ditched, secondary tributary of Bloomery Swamp Creek. The specific site may be found in the
southwest corner of their 60 ( +/-) acre tract, in Wilson, Wilson County, North Carolina
(enclosed survey), The wetland was delineated by representatives of the Corps' Raleigh field
office in late 1990.
Please note that this wetland has been adversely affected by development along its north,
east, and southern perimeters. The wetland values of this system are further reduced through
its separation from Bloomery Swamp by Forest Hills Road, which will be widened from two to
four lanes within the year. Even so, my clients intend to fill only .3 acre of the wetland. The
remaining 1.1 acres will be up-graded to capture pollution bearing runoff, with little ( if any)
alteration of the original contour. All trees will remain to provide a natural buffer between the
development and the neighboring community.
The proposed "mixed use plan" blends small, low profile, commercial outparcels with office
buildings and single family homes. Their proposal has been approved by the County, providing
all state and county engineering requirements are met through the construction of: roads; curb
and gutter; retention ponds, water and sewer; underground utilities; parking and a myriad of yet
to-be-identified engineering and zoning provisions common to such developments. Through
this plan, the Boyettes hope to take advantage of the major shopping complex under construction
immediately north of their project. Total wetland impacts ( ponding and fill) have been reduced
to 1, 4 acres.
-2-
As the enclosed plan demonstrates, the retention area is to be bisected by three shallow
ponds which will be created by 3, 5ft. wide "low-head" stone weirs. All of the shallow pond
margins will be planted with wetland shrubs, rushes and sedges which will cleanse and filter
runoff through the assimilation of excess nutrients and other pollutants.
Through this plan, the Boyettes offer some compensation for the wetlands lost through
construction of the development, Once completed, this project will help accommodate the
environmental needs of the State and Federal government, while at the same time incorporating
those features that will assure a successful commercial venture for my client and the people of
Wilson County.
Please contact me at ( 919) 270-2485, if you require further information.
Sincerely,
Jim Poteat
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: Z7
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: /. 7
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): ZEUgt <r RUMFF AIM ? X) A'M
c4: r.Ap wc- I "jb - to"Sojfi- 3 "vel s -m f2Er w rzutl * iN 3 poa-A- a hae
. 70 T91c-r- PLAICE wfTl
- 7.5 1 Wmeg rS A£rXb--w--D os rl fiztAas 0-tt uJFjM-C4QS QJ:MQk3I s
LI 1TtE O • C?u7uE:3^?CE - "p "•m._c.S W ILL 66:. G.Jr -r=?LL .7-7ACIZE•S TOE ?ANO ?- IT
13. PURPOSE OF PROPOSED WORK: TO f?' ZWIC)E 'Q 7fN i 1W AZCJA FAR Mo(Eis USE
D?-VELDPMiE.&S-j ; /&)C-?FA5E USe of OVPiCE.:"- 4ZIL
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Lp j? '?T n3ZbbGpad-AF-- -%'ro ['_6rC4LL*-/ LOCAn-`Ets -m c'"
Nil y
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRt4ICAL HABITAT IN THE PERMIT AREA T MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES (y?T 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 l?J 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. (foepS 1)EU(.Ya TSD
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? C GpAlA 6WAL / 0!?SIQGQ 741..
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
CDUIVIY
OWN 'S SIGNAT DATE
DEM ID: ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0) :
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS TEAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO T0, HZIL IN W
P.O. BOX 1890 AND NATURAL RESOURC D L; 1J
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY
a
Telephone (919) 733-5083
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
I. OWNERS NAME : y . M yZ- i 7F
F r= t Zs
2. OWNERS ADDRESS: C O Fgbo S
ISO -RcDc /„r)4
3. OWNERS PHONE NUMBER (HOME) 70 -2441 ( WORK) : Z 70 -ZM$ S
4. IF APPLICABLE: AGENT' NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: ?? MFG aFAT
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: UVILSoaI
NEAREST TOWN OR CITY: %K) I LSOfJ
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Y71 ML SCJtf11-) Ml G]DCCT i1i1 I < T7r1A'1 - C>J%-A --¦-s .9
6. NAME OF CLOSEST STREAM/RIVER:. 1-?F/aiJ lr=eS 01- L )0MFPPa yUA,MP CW!I<
7. RIVER BASIN: f)I* 16 90
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( ) NO (Vf
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES r NO?`?f .
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 7 n aes
3/30/92
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State of North .Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt Jr., Governor A. Preston Howard, Jr. P.E.
Jonathan B. Howes, Secretary April 7, 1993 Director
J.M. Boyette heirs
c/o Ron Sutton
P.O. Box 609
Wilson N.C. 27893
Dear Mr. Sutton:
Subject: Proposed fill in Wetlands or Waters
Residential development
Wilson County
DEM Project # 93011, COE # 199300921
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.50 acres of wetlands or
waters which are tributary to Bloomery Swamp Creek for
residential development located at Forest Hills Road in Wilson
County, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2671 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' Nationwide Permit No. 26.
Additional conditions are that:
1.) the three weirs shall be included in the site
plan,
2.) no wetland fill is allowed on lots 132, 24 and 23
and deed restrictions shall be placed on these
lots.to reflect this limitation,
3.) these shall be no drainage easements for
stormwater runoff to the west side of Forest Hills
Road.
REGIONAL 0MUS
Asheville haycnevillc Mooresville Raleigh Washington
709/251.6208 9191456.1541 7C4/663.16+99 919/571.4700 919/946.6481
Wilmington Winston-Salem
919/395.3900 919/896.7007
Pollution Prevention Pays
P.O. Rae 29535, Raleigh Noah Carolina 27626-0535'fclephone 919.733.7015
An Equal Oppununity Alfinnativc Action Employer
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely, /`
6 ? 0-a al-
P 7 ton Howard, Jr. P.E.
93011.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Jim Poteat
e e? STAT[ o
iT l
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James R Hunt, Jr., Governor Jonathan R Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 15, 1993 1ri-q"
Mr. Ron Sutton
F.T. Green and Associates
P.O. Box 609
Wilson, NC 27893
Subject: J.M. Boyette Heirs Project
Application for 401 Certification
State Project No. 93011
Wilson County
Dear Mr. Sutton:
On February 3, 1993, Mr. Karl Shaffer and Mr. Danny Smith of
the Raleigh Regional Office performed a site evaluation for the
above named project. The following concerns must be addressed
in order to continue review of these plans for a 401 Water
Quality Certification:
1) The site visit revealed that wetlands with significant
uses exist at the site. The plans submitted by your office
show no attempt to avoid or minimize impacts to these
wetlands. Specifically, those lots numbered 132, 24, and 23
collectively make up the majority of the wetland impact.
2) The application narrative describes 3 weirs/pools for
stormwater detention. Yet, the plans detail water discharges
by way of drainage easements from the tract. The RRO will
recommend that stormwater structures be required for this
project. These stormwater structures shall not replace
the existing wetlands, but be placed at the heads of the
influent drainageways, still allowing the existing wetlands
to remain.
PA. Box 27687, Balogh, North Grolina 27611-7687 Tdephom 9137334984 Fax 1919-733-0513
M Equal Opportunity Affirmative Action Employer
Mr. Ron Sutton
Page -2-
You are requested to submit to the Raleigh Regional Office,
with a copy to the Wetlands Review Central Office, revised plans
which: 1) Avoid or minimize impacts to the existing
jurisdictional wetlands, and 2) Show the recommended stormwater
control devices and their position on the tract. The Regional
Office will continue review on this project once this required
information is received.
If you have any questions or require further information,
please contact Karl Shaffer at (919) 571-4700.
Sincerely,
Timothy L. Donnelly, P.E.
Regional Water Quality Supervisor
cc: Mr. Jim Poteat
Mr. John Dorney
Nearest road
.
.
0
.
.
.
.
Wetland type (select one) ? other
'?Q l. Swamp forest ? Shoreline •
Yla?'Bottomland hardwood forest ? Stream channel o
Carolina bay ? Salt marsh
? Pocosin ? Brackish marsh •
Pine savannah ? Freshwater marsh
? Wet flat ? Bog/Fen •
,D Perched ? Vernal pool
eoe?a®e.•ea.oess•.•••eee
Water stora
e
P .a•
sum eo•aeee oee.ae•.eaee.• rea•ee•a+e
r
g
r
,-
Bank/Shoreline stabilization
..
4.00 = •
Pollutant removal
..
Sensitive watershed
Travel corridor _L .. . ......
..
;;: .....
X 1.50 =
'; .
Wetland score.
Special ecological attributes
i .... ..
Wildlife habitat - ?- x 1.50 = ;. .
Aquatic life value- ,.. ,. •
Recreation/Education
..:
Economic value -?-
L
x 0'2? _
Sr
. o 0 0 0 0 . n o 0 0 . o a s • o • • r • o • • /.
• • _
. o • . o . •
• o • o . • o • o w • • • •
• • o • • • • s •
Wetland area acres Wetland width feet
? Hydrologically connected ? Hydrologically isolated
MEMORANDUM INITIALS:
Reviewer:
TO: John Dorney WQ Supv:
Planning Branch Date:... /
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR:
APPLICANT NAME:
PROJECT-TYPE:
COE_#:
RCD_FROM_CDA:
REG_OFFICE:
93 PERMIT-NO:
J.M. BOYETTE
POND
APP
RRO
STREAM_CLASS : VJ S - v Aisui
STR_INDEX _NO: 27-- e6- r; -C3)
WL_IMPACT?:N
WL_REQUESTED: J= V aCAa
HYDRO_CNECT?: ON
MITIGATION?: Yi
MITIGATION-SIZE: Aq
0000011 COUNTY: WILSON
PERMIT-TYPE: NW26
DOT #:
DATE_FRM_CDA: 01/07/93
RIVER-AND-SUB-BASIN-#: D?A//,)A6 O
ELX)OmERI SujA-mP: lJEusE PiVCe? Bk-171AI.
03 04 07
WL_TYPE : GLlr
WL_ACR_EST?:(V/N /
WL_SCORE (#) : ZO ?OlrvsyJ
MITIGATION-TYPE W14
IS WETLAND RATING SHEET ATTACHED?.(%
RECOMMENDATION (Circle One): ISSUE
COMMENTS : lh%S
DENY
b / t X32
cc: Regional Office
Central Files
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James R Hunt, Jr., Governor
Jonathan R Howes, Secretary
DIVISION OF ENVIRONMENTAL'MANAGEMENT
February 15, 1993
Mr. Ron Sutton
F.T. Green and Associates
P.O. Box 609
Wilson, NC 27893
Subject: J.M. Boyette Heirs Project
Application for 401 Certification
State Project No. 93011
Wilson County
Dear Mr. Sutton:
On February 3, 1993, Mr. Karl Shaffer and Mr. Danny Smith of
the Raleigh Regional office performed a site evaluation for the
above named project. The following concerns must be addressed
in order to continue review of these plans for a 401 Water
Quality Certification:
1) The site visit revealed that wetlands with significant
uses exist at the site. The plans submitted by your office
show no attempt to avoid or minimize impacts to these
wetlands. Specifically, those lots numbered 132, 24, and 23
collectively make up the majority of the wetland impact.
2) The application narrative describes 3 weirs/pools for
stormwater detention. Yet, the plans detail water discharges
by way of drainage easements from the tract. The RRO will
recommend that stormwater structures be required for this
project. These stormwater structures shall not replace
the existing wetlands, but be placed at the heads of the
influent drainageways, still allowing the existing wetlands
to remain.
pD. Boot 276g7, Rakigh, North Carolina 27611-7667 Tekphone 919-7334964 Fax 1919-733-0513
An Equal Opportunity Affirmative Action Employer
i ? . V
Mr. Ron Sutton
Page -2-
You are requested to submit to the Raleigh Regional Office,
with a copy to the Wetlands Review Central office, revised plans
which: 1) Avoid or minimize impacts to the existing
jurisdictional wetlands, and 2) Show the recommended stormwater
control devices and their position on the tract. The Regional
Office will continue review on this project once this required
information is received.
If you have any questions or require further information,
please contact Karl Shaffer at (919) 571-4700.
Sincerely,.
Timothy L. Donnelly, P.E.
Regional Water Quality Supervisor
cc: Mr. Jim Poteat
Mr. John Dorney
WETLAND RATING SYSTEM WORKSHEET
oject No. or description fsoi/ b -
)cation
County ?Aj,,/yt?A Nearest
River
Nearest stream
road or town fit/"
and classification
,aluator
rency and address
to and time evaluated z , 93 /-&)
jor Wetland TypeL?f
Approximate size of wetland system acres
Approximate extent of wetlands in area acres
within / miles
Three most common plant species (in order)
5 e,,, ' 170 2
it Series (if known)
drologic indicators
L?Ptr%?_c???e ,?}; ,,,a
Direct surface hydrol gd is conn4ct ?]O
fisting Conditions
Drainage
Disturbance-
Restoration potential_
Restoration value
site known to provide habitat for rare; endangered or
ened species??o_If so, list species observed or recorded.
em No.
ation/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
ological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
3 Streambank stabilization.
9 Removal of pollutants
Human Values
10 Outdoor recreation/education
11 Economic value
Score (circle one)
4 3 2 1 0
5 4 3 2 0
5 4 3 2 0
5
5 4
4 3
3
2 1 0
0 0
5 4 3 0 1 0
5 4
3
8 2 1 0
5 4 3 2 1 0
5 4 3 1 0
5 4 3 2 1
Total score
Site description and notes:
i'l
" k
Q
'D o
J
R
v
0
L0
r.» ? ib scn?E
?2DF/LE
4
__1rJL1LJLJLJ
MDOALE DR.
FOREST WU-S RW .. .
?? FnJE i Ln?JD
LOCATION AIAP --
MAR 11 '93 08:04AM
Post-It•' brand fax transmittal memo 7671# of Pages ?
From - s
Co. Co.
71 C-/Yl
P. 112
LE
_ _ _ th Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street. • Raleigh, North Carolina 27604
James R Hunt, Jr., Governor Jonathan R Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 15, 1993
Mr. Ron Sutton
F.T. Green and Associates
P.O. Box 609
Wilson, NC 27893
Subject: J.M. Boyette Heirs Project
Application for 401 Certification
State Project No_ 93011
Wilson County
Dear Mr. Sutton:
On February 3, 1993, Mr. Karl Shaffer and Mr. Danny Smith of
the Raleigh Regional office performed a site evaluation for the
above named project. The following concerns must be addressed
in order to continue review of these plans for a 401 Water
Quality Certification:
1) The site visit revealed that wetlands with significant
uses exist at the site. The plans submitted by your office
show no attempt to avoid or minimize impacts to these
wetlands. Specifically, those lots numbered 132, 24, and 23
collectively make up the majority of the wetland impact.
2) The application narrative describes 3 weirs/pools for
stormwater detention. Yet, the plans detail water discharges
by way of drainage easements from the tract. The RRO will
recommend that stormwater structures be required for this
project. These stormwater structures shall not replace
the existing wetlands, but be placed at the heads of the
influent drainageways, still allowing the existing wetlands
to remain.
PD. BoY 27687. RrkW,, North cmaim 27611-7667 TJ4- 919-733.4984 Fax t 9n9-733-0513
An Equal Opportunity Affirmative AC ion EmPI(W
MAR 11 '93 08:05AM P•ziz
• r
Mr. Ron Sutton
Page -2-
You are requested to submit to the Raleigh Regional office,
with a copy to the Wetlands Review Central office, revised plans
which: 1) Avoid or minimize impacts to the existing
jurisdictional wetlands, and 2) Show the recommended stormwater
control devices and their position on the tract. The Regional
Office will continue review on this project once this required
information is received.
If you have any questions or require further information,
please contact Karl Shaffer at (919) 571-4700.
Sincerely, Q?
Timothy L. Donnelly, P.E.
Regional Water Quality Supervisor
cc: Mr. Jim Poteat
Mr. John Dorney
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 3, 1993
Regulatory Branch
................
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Action ID. 199300921 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
J. M. Boyette Heirs
c/o Mr. Ron Sutton
Post Office Box 609
303 North Goldsboro Street
Wilson, North Carolina 27893
Dear Sir:
Reference your application of January 5, 1993, for Department of the Army
authorization to impact 1.47 acres of wetlands subject to our regulatory
authority pursuant to Section 404 of the Clean Water Act on your property
located off Forest Hills Drive, 1/2 mile south of the intersection with U.S.
Highway 264, in Wilson, Wilson County, North Carolina.
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 (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. The discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your proposed work is authorized by this NWP provided it is accomplished
in strict accordance with the enclosed conditions. This NWP does not relieve
you of the responsibility to obtain any required State or local approval,
including a Section 401 Water Quality Certification. Questions concerning
this certification should be addressed to Mr. John Dorney, Division of
Environmental Management, telephone (919) 733-1786.
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This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP 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
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on.a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to Ms. Jean Benton, Raleigh Field
Office, Regulatory Branch, telephone (919) 876-8441.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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
X. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Poteat
275 Red Fox Trail
Hampstead, North Carolina 28443