19930088 Ver 1_Complete File_19930313

State of -North Carolina
Department of Envirorunent, Health and-Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt Jr., Governor April 7, 1993 A. Preston Howard, Jr. P.E
Jonathan B. Howes, Secretary - Director
Kristin Roles
Albemarle-Pamlico Estuarine-Study
512 North Salisbury Street
Raleigh, N.C. 27604
Dear Mr. Roles:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed dam removal
Project # 93088
Wayne County
Attached hereto is a copy of Certification No. 2820 issued
to N.C. Dept. of Environmental, Health and Natural Resources,
Albemarle-Pamlico Estuarine Study dated April 7, 1993.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
-LA. Preston Howard, Jr. P.E.
Acting Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
REGIONAL 0MCL'S
Ashcvilic Paycncvillc Mooresville Ralcigh Washington
707/251-6208 919/456.1541 704/663.1699 919/571.4700 919/946.6781
Wilmington N mston-Salcm
919/395.3900 919/896.7007
Pollution Proenlion Pays
P.O. Bac 29535, Ralcigh North Carolitu 27626-0535 Tclcphonc 919.733.7015
An Equal Opponunity Alfinnativc Action Ianploycr

NORTH CAROLINA
Wayne County
CERTIFICATION
THIS 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 15 NCAC 2H, Section .0500
to Albermarle-Pamlico Estuarine Study pursuant to an application
filed on the 4th day of February 1993 to remove a dam on the
Little River near Route 581 Bridge.
The Application provides adequate assurance that the
discharge of fill material into wetlands adjacent to the waters
of Little River in Wayne County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are not
considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 7th day of April, 1993.
DIVISION OF
WQC# 2820
6 ?? i
'L A. Preston
ENVIRONMENTAL MANAGEMENT
Howard, Jr. P.E.
MEMORANDUM PRINT NAMES:
Reviewer: la$
TO: John Dorney WQ Supv.:?
Planning Branch DATE: g3
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000088 COUNTY: WAYNE
APPLICANT NAME: APES - REMOVE LITTLE RIVER DAM
PROJECT TYPE: REMOVE DAM PERMIT TYPE: IN
COE_#: 199301085 DOT-#: -?
RCD_FROM _CDA: COE DATE _FRM_CPA: 02/64/9
REG_OFFICE: WARO RIVER_AND_SUB_BASIN_4-lVeK b
STREAM_CLASS : W S L? /YSt? STR_INDEX_NO.
WL_TYPE :
WL_IMPACT? : YIN
WL_REQUESTED: „QJI^ WL_ACR_EST?: YIN
WL SCORE(#): WATER IMPACTED BY FILL?: YIN
HYDRO CNECT?: YIN MITIGATION?: YIN
MITIGATION-TYPE: MITIGATION-SIZE:
cc: Regional Office
Central Files M? R(?
Imor
IS WETLAND RATING SHEET ATTACHED?: YIN
IMPORTANT
To
WHIL YOU ERE OUT
M C. _
-s
1 .1
of
Phone 0-3
AREA CODE NUMB R EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
\ 1
Message
()L-J"Mw
Signed
N.C. Dept. of Environment, Health, and Natural Resources
?v v(? Printed on Recycled Paper
IMPORTANT
To v? V
Date Time
WHILE Y WERE OUT
M
of
Phone
AREA CODE NUMBER EXTENSION
??
f vh QS
e co
4'-
fined
N.C. Dept. of Environment, Health, and Natural Resources
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL Message / r A

??(? Printed on Recycled Paper
IMPORTANT
To7a? LAI
Date_ Yp Time 2
WHILE YOU WERE OUT
M ?a r,? lcs ,r
of
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message U L? ` h t?fl GQ
A ?Tt 1 J
r
Signed
N.C. Dept. of Environment, Health, and Natural Resources
02-1
1 Printed on Recycled Paper
Epp ;
DEPARTMENT OF THE ARMY FF? - g X993 Wilmington District, Corps of Engine
Post office Box 1890
Wilmington, North Carolina 28402-149o WETLANDS GROUP t
WATER UALITY SECTION
Action ID. 199301085 February 4, 1993
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES, ALBEMARLE-PAMLICO ESTUARINE STUDY, 512 North Salisbury Street,
Raleigh, North Carolina 27604, has applied for a Department of the Army (DA)
permit TO AUTHORIZE THE INADVERTENT PLACEMENT OF EXCAVATED MATERIAL AND THE
DRAINAGE OF WATERS OF THE UNITED STATES ON THE LITTLE RIVER ASSOCIATED WITH
REMOVAL OF THE CHERRY HOSPITAL WATER PLANT DAM, near Goldsboro, Wayne County,
North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the proposed removal of
a 110-foot-long, 1-foot head, sheet-pile, concrete cap dam on Little River
near the Route 581 Bridge. Approximately 15 cubic yards.of.material is to be
removed from below the elevation of normal water. An excavator with hook and
line, accessing the area from a grass-covered area on the west shore, is to be
used to accomplish the work. All excavated material is to be removed to the
Wayne County Landfill. The average annual flow in Little River is 300 to 350
cubic feet per second (CPS), and the width of the river at the dam site is
approximately 100 feet. The dam is owned by the State of North Carolina and
was once used for surface water intake for the hospital, but serves no
function at this time. The purpose of this work is to remove this obstruction
to anadromous fish migration pursuant to the inter-agency Coastal America
project. Removal of this dam would restore anadromous fish access to an
additional 20 river miles from this site upstream to another dam near
Princeton, North Carolina. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required.by PL
92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

-2-
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
_ w e as on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest.- Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a _
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if.so the conditions under which
it will be allowed to occur,
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof: Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The U.S. Army Corps of Engineers (USACE) is soliciting comments from the
public; Federal, State and local agencies and officials; Indian Tribes and
other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by USACE to
determine whether to issue, modify, condition or deny a permit for this
ti .. .
-3-
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Also, comments
are used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
The U.S. Environmental Protection Agency (EPA) has prepared, in accordance
with the National Environmental Protection Act of 1969, as amended, an
Environmental Assessment (EA) to address the environmental concerns associated
with a mitigation plan for obstructions to anadromous fish migration in the
Albemarle-Pamlico estuarine system of Eastern North Carolina. Comments or
inquiries regarding the EA should be directed to the Coastal Programs Section,
U.S. Environmental Protection Agency, Region IV, 345 Courtland Street, N.E.,
Atlanta, Georgia 30365, telephone [phone], FAX [phone].
Generally, the decision whether to issue this DA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DA permit
serve as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental operations section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after February 26, 1993).
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before February 22, 1993,
Attention: Mr. John Downey.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Norm Sanders, until 4:15 p.m.,
February 22, 1993, or telephone [phone], FAX [phone].
a, o a ' ...i a mH r
_ _e ? o o ? .? caw S e ? .? ° - ? a ,A ?s?e,.
? IG » ? > ? a ? ac< O
Ef,
x z
co _ - m ?' a ?rs' ?o '"'??? 1 ~r? ?? m '•??_ G
•o ^ I tl .. e
LLI
nal, ? l+ mm aI N • C CAI O g ? 1^ \ • -
%
J w "
a - _ = m
N o «
C " tl e ° y h C h C
6ZJ - j - ;gym w /// •? d' - $ u m c «< og W v.
of ac _ 14
Q ? q H + w ? ?/ Qlm ? ?
L 1 ^ • ^+,/ y/ ?O C C ` " of ?N? S m
cap Ic $4
CA Oeo'
»r
m
2 u4-
ant
coo
` Z ^ _ •y K._ tl " `??? ^ ?S ; Cat ??
4sr
Is.
zo 144
i t
3 * 3 _ ° a _ 's° :o " " <`? ? ,°<? • 030 .? 3 • ` /// - ? O * 4A
IE r
9s O M 3 ?1i1 Z %
sc Cc
E -3?° t g ^ t c
/ ?+pp ? o ? ? Hq? O He y p \ °, U Mf
- / ° `/<a -_ g t ?N m GHQ ca v ^ _ * vy x
L S ?? i o w$ I _ Ze I ^
° a1 e o
S?_ 6- e > v o .a a m - (?
W
e ? ? 01 \ o (Y ?? ?
Sid ?r / OF 2
I
o val Ilbl I ICI (; io ! ?
Sul°- j °? ? sa« ? 1
' j
I
Sol
II
a•t - ! I
duo

50., ( - ...L Z .
I Spl
i

•
' 7;1 '
j

0410
r
?! Ow
a
57;•4 ? ?., t i., , ( "T .I , f O i
I ?
I d ? A
I ' ( ? ?
I
?I : j ,
I
I 137
? .A
I d
?
oL•0- ` j j t
f i - -

! .?.o
;
O
«sL
w
?

!1 ZO
?i -CC

1 ima

07.0
I I
'
?
.I i !
•?
i ? ! j
N
i
Z z
55.0 - 1 j ; I( j.j .. 's,p U a
ORO 19
Sh.p ?' I I (0 I j I .? ? jslw ? 1 ??
I ( ! J h
i
Oh-0 i i ?? i j• I ia" ±I ••?

jLa

!
1
1
I

1

d

I Q
W
J

l

•o
7 ? ' ! l is
I
?°p ? 7
, .? '
qLo 3 (n _
I I ? :
I
.
pva ?( ! (t ( ! j°w i

a a-i :. ?.

?a
0
z L
O
O
a a
O
°x°z
a H
?O
ICA
d A
3 ?
sN6er 2 of z

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 1, 1993
Regulatory Branch
Action ID. 1993301085
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of the North Carolina Department of
Environment, Health and Natural Resources (Albemarle-Pamlico Estuarine Study)
for Department of the Army (DA) permit and a State Water Quality Certification
to authorize the inadvertent placement of excavated material and the drainage
of Waters of the United States on the Little River associated with removal of
the Cherry Hospital water plant dam, near Goldsboro, Wayne County, North
Carolina. The purpose of this work is to remove this obstruction to
anadromous fish migration pursuant to the inter-agency Coastal America
project. 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 is required under the provisions of Section 401 of the same law.
A DA permit will not be granted until the certification has been obtained or
waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you av not acted on the request, or asked for an
extension of time, by Apr 1 1,' 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone [phone].
Enclosure
Sincerely,
ne Wri t
Chief, Regulatory Branch
-2-
Copy Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687