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Home My WebLink About19920569 Ver 1_COMPLETE FILE_19870218 ~ t.i~~.::{I~.~. ~. 1:5' ll< '~~' ~ ZS .'-:- i ('"':, . I' \~~,~,~~~,~.,...i ' State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street. Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary February 18, 1987 ~ Colonel Paul W. Woodbury Corps of Engineers District Engineer P. O. Box 1890 Wilmington, NC 28402 Dear Colonel Woodbury: In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice .... 0062 dated November 13, 1986 whi ch descri bes a project carri ed out by Mr. J. Russell Stoutt, of Raleigh. The project, involving wetland impacts by filling and permanent flooding for residential pond construction, is located on Beaverdam Creek, at or near Riverbend Plantation, off of Buffalo Road, near Raleigh, in Wake County. In. response to the Notice, two key review agencies, i.e., the N. C. Wildlife Resources Conunission and the Division of Water Resources expressed strong concern over the 'loss of this wetland and the fact that the work ,was carried out without benefit of a permit review. The value of these wet 1 ands and the rate at whi ch these resources are bei ng altered by poor ly planned development is clearly stated in their reports. While neither agency recommends total restoration as a first alternative, 2 to 1 mitigation is recommended and the possibility of further "naturalizing" the pond by planting wetland species is also suggested. This viewpoint position supports this approach on this relatively old activity. For your information, the Division of Environmental Management reported on January 28 that a Section 401 Water Quality Certification would not be processed for the completed work. .. ...,. Po. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919-733-4984 An Equal,OpportUnity I Affirmative Action Emp\oyer \~ .. Colonel Paul W. Woodbury Page 2 February 18, 1987 Shou1 d you requi re addi ti ona 1 input from the state on thi smatter, do not hesitate to contact this office or the agencies listed. Very sincerely, ~~~2~ Inland 1404 Coordinator JRP:jr/aw cc: Wildlife Resources Commission Raleigh Division of Water Resources Raleigh Di vi s i on of Envi ronmenta 1 Management /' Raleigh \ f-)W'f .......:. '-~~"!>'>;O\"'~""';.if".:"~~,h~:;Jl~l'(.t1~~'~~'" :J!:H . .- DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section January 27, 1987 M E M 0 RAN DUM TO: John Parker ~ ~~ Bill Mills I~ V'" FROM: SUBJECT: Proposed Corps of Engineer's Permits J. Russell Stoutt Bern Bullard Wake County The two permits proposed for after-the-fact fill in wetland areas have been reviewed for water quality concerns. Neither project is expected to have an adverse effect upon water quality. Since the permits will be for after-the-fact situations, there will not be any 401 Water Quality Certification applicable. BM/dkb cc: Carolyn McCaskill .f..........A..........'.........} ,;"t .:. .., . ~, , ... ~.. State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street · Raleigh, North Carolina 27611 James C. Martin, Governor S. Thomas Rhodes, Secretary November 19. 1986 Mr. R. Paul Wilms, Director Water Quality Section Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: The attached U. S. Army Corps of Engineers Public Notice No. 0062 dated 11/13/86 describing a proj ect proposed by Mr. J. Russell Stoutt is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/10/86 Very sincerely, ~\..~~~ Jonn R. Parker, Jr. 404 Coordinator REPLY This office objects to the project as proposed. . /~omments on - ~ This office this project are attached. supports the project proposal. ___No comment. Signed Date Agen cy JRP:jr/aw ~ '!Z7!'l7 I ld'; 0\ Po. Box 27687, Raleigh, North Carolina 27611,7687 Telephone 919,733,4984 An Equal Opportunity / Affirmative Action Employer ...1---' ~ DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890. SAWC087-N-092-0062 November 13, 1986 PUBLIC NOTICE MR. J. RUSSELL STOUTT, 124 Fenton Street, Raleigh, North Carolina 27604, has applied for a Department of the Army after-the-fact permit TO , AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN BEAVERDAM CREEK AND ITS CONTIGUOUS WETLANDS TO EFFECT CONSTRUCTION OF A DAM AND LAKE IN RALEIGH, Wake County, North Carolina. This public notice does not imply, or other agencies, either favorable or performed; but it is issued to solicit which a final decision will be based. the outcome of this consideration. on the part of the Corps of Engineers unfavorable opinion of the work comments on the factors listed above on Legal action has been suspended pending The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the completed construction of a ISO-foot long, 6S-foot wide (bottom width), 8-foot high earthen dam across Beaverdam Creek and its contiguous wetlands. The existing dam, crossing approximately 150 linear feet of cleared wetlands, is located at the site of a previous beaver dam which backed water over the majority of the area now inundated. An estimated 200-foot-wide wetland border along the creek was inundated by the lake construction. This wetland border, primarily vegetated by red maple, birch, sycamore, and willow oak, was cleared prior to completion of the dam. The purpose of the work is to provide a lake for a residential development. 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 Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within -2- ~.l 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. 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 th~ 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 has determined, based on a review of data furnished by the applicant and onsiteobservations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the activity and its intended use on the public interest. Evaluation of the probable impacts which the 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, are therefore determined by the outcome of the 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, flood plain values, 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! Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental .Ma!lagement (DEM) issues, denies, or waives State certification required by ~.'....~.: ~..., -3- Section 401 of the Clean Water Act.. The DEM 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 Department of the Army permit serve as application to the DEM 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, 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 North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after December 23, 1986. 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, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 17, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Robert Johnson, until 4:15 p.m., December IS, 1986, or telephone (919) 343-4641. Paul W. Woodbury Colonel, Corps of Engineers District Engineer - I / I / / "%/ ---,..- - - I @ / / @ - ~ o " o - . 0 .0 It) ~ It) -"'.0 o '" 0 * ~ ~ !I ~ g . 11)" 0 m CIII It!_ II) (\j.:Z: . If) I "" <it It) it ; <it 0 . 0 It) to - 0 "1 ~ "_ 0 z 'v 0'" C 0 Z 11)1 ~I ~I :tC5 0'" -" ~5 .. V ~ . ~ ~ 1 t~ ~ ~ ~ ~l ~ ~~ ~~~ ,~ a ~ ~~~ 1'\ ~r.~ .;} 'VI ~ ~ "^ '" ~ {" .~ l~ ~~ . -~~!-:. . . , '.. :.. .' . ~ ,.'", ;::t. ~ ~ '..'? ~:~ . ::},:~~ g .:.. .<" -;. y",c./.Y/V .,' \ ._.....',.:i..........'....'~.......r.; . ,,'~. . c . .- -"} . ! ;'...... :':- : / \ V\:\ r If\ 'v \ \J 0\ , . , ~\, .^ ~ "',... -:::> ul -z. '\ o ~' Ivj~~ ~...~ ~, . ~ ><-. tl. 'R--q ~ ~ t ~] ~~ ~~~~~ ~ ~' , ct i4-.~ ~'l (\ ~..V1 ~ ~~ ~"\l ~ ~ ~ " ~~\ .--'- t l: .J :t'-t +t t" - ::H ' Lf or. t-. 'J- ' : . :~1 J" -- , I -l -l i: +-J::.J. - .!~ + - i- f J= - r : ,,:\u - -~ S; :...J -'0: \J.~ - .'., .\1) ~ ~ \I ~ ~ __ -J'l - L : l LL LL Ll.. .. L.. ;.0: p. " ~.J! \n -l.U:: _ !S~I.J.Oolf m ~ ~ H ~ - ~ ~ ~ ~ - 8 ~ - ~ -11-: - - II IH-D- 'il .~~ - . . i..1 ,~- -r , ~J:J_L.. ,~ -.- - -- ~ h n ,J., .~ l- ~ - - -+ IUIlI- "f~- - - -.. *- . ti ". ~ , I f-ti If .tr . "TJ' , ,\_1-;.. ,~,f :T1; , :; - .. -j'r I ,!.~ _I'+-l- _+ ..:.. .l1tli~t- _ H~~~I_II - 4- _i=d:.tIl- nL ~Lr. nJ~ I .Ft 1- 5 gg ~ := w- ~: o. ... d' 2~.f )( ~. 2 ; we X~ ,,,.; .... :... ..... . . ~ . .... . ,. '" DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North'Carolina 28402~1890 . SAWC087-N-092-0062 November 13, 1986 PUBLIC NOTICE MR. J. RUSSELL STOUTT, 124 Fenton Street, Raleigh, North Carolina 27604, has applied for a Department of the Army after-the-fact permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN BEAVERDAM CREEK AND ITS CONTIGUOUS WETLANDS TO EFFECT CONSTRUCTION OF A DAM AND LAKE IN RALEIGH, Wake County, North Carolina. This public notice does not imply, or other agencies, either favorable or performed; but it is issued to solicit which a final decision will be based. the outcome of this consideration. on the part of the Corps of Engineers unfavorable opinion of the work comments on the factors listed above on Legal action has been suspended pending The following description of the work is taken from data provided by the applicant and from observations. made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the completed construction of a ISO-foot long, 6S-foot wide (bottom width), 8-foot high earthen dam across Beaverdam Creek and its contiguous wetlands. The existing dam, crossing approximately ISO linear feet of cleared wetlands, is located at the site of a previous beaver dam which backed water over the majority of the area now inundated. An estimated 2007foot-wide wetland border along the creek was inundated by the lake construction. This wetland border, primarily vegetated by red maple, birch, sycamore, and willow oak, was cleared prior to completion of the dam. The purpose of the work is to provide a lake for a residential development. 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 Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within -2- the comment period specified in the notice, that a public hearing be held to consider this application. "Requests for puhlic hearing shall state, with particularity, the reasons for holding a public hearing. 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 has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit. will be based on an evaluation of the probable impacts, including cumulative impacts, of the activity and its intended use on' the public interest. Evaluation of the probable impacts which the 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, are therefore determined by the outcome of the 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, flood plain values, 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. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by -3- Section 401 of the Clean Water Act. The DEM 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 Department of the Army permit serve as application to the DEM 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, 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 North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after December 23, 1986. 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, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 17, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Robert Johnson, until 4:15 p.m., December 15, 1986, or telephone (919) 343-4641. Paul W. Woodbury Colonel, Corps of Engineers District Engineer -.,.- - - / ~"f7"" __m.......,....';" .........~.......'." I" ."It...... ! . I . i.'"> I . ,. , .. V \ \ @ I // @ ,s;J. 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