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HomeMy WebLinkAbout19951301 Ver 1_Complete File_19960509 " State of North Carolina Department of Environment I Health and Natural Resources ~!.t'A ~ - - ~.. - - ~ DEHNR James B. Hunt. Jr" Governor Jonathan B. Howes, Secretary May 1, 1996 Dr. G. Wayne Wright Corps of Engineers p, 0, Box 1890 Wilmington, NC 28402 Dear Dr. Wright: In keeping with your request, this office has circulated to interested state review agencies U, S, Army Corps of Engineers Public Notice and Action ID No. 199600590 dated December 21, 1995 which describes a project proposed by Mr. Charles Pittman and Mrs. Mildred Silver of Old Fort. The project, involving stream channel restoration with heavy equipment, is located in Curtis Creek, near Old Fort, in McDowell County. Based on a coordinated review with all ten agencies now responding, the state interposes no objection to the project. Two agencies submitted substantive comments and while this office is aware the permit has been issued, these comments are submitted to conclude the record: Division of Environmental Mana2ement - on February 6, 1996 issued the required Water Quality Certification. Certification No, 3055 provided important environmental safeguards. Our records indicate both Wilmington and Asheville CaE offices have been provided a copy of the Certification; p, O. Box 27687. Raleigh. North Carolina 27611-7687 Telephone 919-715-4100 An Equal Opportunity Affirmative Action Employer 50% recycled/lO% post'consumer paper .. Dr, G, Wayne Wright Page 2 May 1, 1996 Wildlife Resources Commission - provided management recommendation and subtle project changes. The WRC provided your Asheville office a copy. However, a copy is attached herewith for your records. Very sincerely, J~~~ Inland '404 Coordinator JRP:jr/aw cc Wildlife Resources Commission Division of Environmental Management v COE-Asheville Enclosure 70'-1 - '} 7/- Lj g S g fe-le CcJlw~ 1/ 111- 73J-/7g6 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management Ja mes a Hunt, Jr" Governor Jonatha n a Howes, Secretary A, Preston Howard, Jr" P,E" Director FAX TO: )' -t--e V.e C h ttf'J /Y} FAX NUMBER: FROM: PHONE: ~RA DEHNR NO, OF PAGES INCLUDING THIS SHEET:. Capv o-r , , COMMENTS: (, ~#f,.le5 II-ffMt:lVI Mfer tI"1tf /,~fy Cerl: It :JOJ5 . Environmental Sciences Branch · 4401 Reedy Creek Road Telephone 919-733-9960 An Equal Opportunity Affirmative AcIIon Employer Raleigh, North Carolina 27607 FAX # 733-9959 50"10 recycledl10% post COOSlnler paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management ~RA DEHNR James B. Hunt, Jr" Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 6, 1996 Mr. Charles Pittman Route 2, Box 295 Old FOlt, NC 28762 Dear Mr. Pittman, Re: Certification Pursuant to Section 401 of the Federal Clean Water Act Proposed channel restoration Project #951301, CaE #199600590 McDowell County Attached hereto is a copy of Certificaion No. 3055 issued to Charles Pittman dated 5 February 1996. If we can be of further assistal!ce, do not hesitate to contact us, r Sincerely, 't Attachments fP eston ard:0f 95 1301.wqc cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files John Parker; DCM Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer. 50% recycled/1 0% post consumer paper NORTH CAROLINA McDowell County CERTIFICA TION THIS CERTIFICA TION 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 Charles Pittman in McDowell County pursuant to an application filed on the 21st day of December of 1995 to excavate rocky and woody deblis from 300 feet of Curtis Creek. The Application provides adequate assurance that the discharge of fill material into the waters of Curtis Creek in conjunction with the proposed development in McDowell 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 the applicable portions of 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 (10 NTUs in trout waters). 2. Work shall not be done during the trout spawning season, 3. The stream diversion shall be completed before the old channel (nearest the septic tank) is filled. . 4, Constr]Iction equitptnent should be operated from the bank rather than in flowing water to minimize sediment and pollutants ',f Violations of any condition herein set forth shall result in revocation of this Certification. This Celtification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory healing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition confonning 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. If modifications are made to an oliginal Certification, you have the right to an adjudicatory healing on the modifications upon wIitten request within sixty (60) days following receipt of the Certification, Unless such demands are made, this Certification shall be final and binding. This the 6th day of February, 1996 WQC #3055 SION OF ENVIRONMENTAL MANAGEMENT NORTH CAROLINA McDowell County CERTIFICA TION TillS 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 Charles Pittman in McDowell County pursuant to an application filed on the 21st day of December of 1995 to excavate rocky and woody debris from 300 feet of Curtis Creek, The Application provides adequate assurance that the discharge of fill material into the waters of Curtis Creek in conjunction with the proposed development in McDowell 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 the applicable portions of 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. 111at the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (10 NTUs in trout waters). 2, Work shall not be done during the trout spawning season, 3, The stream diversion shall be completed before the old channel (nearest the septic tank) is filled, , , 4, Constr~ction equitPtnent should be operated fromthe bank rather than in flowing water to minimize sediment and pollutants ',f Violations of any condition herein set forth shall result in revocation of this Certification, This Certitication shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Pennit This Certification shall expire upon expiration of the 404 or CAMA permit If this Certification is unacceptable to YOLl have the light to an adjudicatory hearing upon written request within sixty (60) 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 tiled with the Office of.Administrative Hearings, P.O, Box 27447, Raleigh, N.C. 27611-7447. Ifmoditications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon wlitten request within sixty (60) days following receipt of the Certification, Unless such demands are made, this Celtification shall be final and binding, This the 6th day of February, 1996 WQC #3055 SION OF ENVIRONMENTAL MANAGEMENT State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N, Schecter, Director RA DEHNR January 2, 1996 MEMORANDUM TO: Mr. A. Preston Howard, p, E. Director Division of Environmental Management FROM: John R Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached u.s. Army Corps of Engineers Public Notice for Action No. 199600590 dated December 14, 1995 describing a propo~ed project by Mr. Charles Pittman & Mrs, Mildred SilYer, is being circulated tp 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 January 19, 1996. If you have any questions regarding the proposed project, please contact me at 733-2293, When appropriate, in-depth comments with supporting data is requested. ( 1 ' If & Jrf-c>-- Vff1 . ,,~)1,tl' This office SYPports the project proposal. REPLY 't~ No comment. Comments on this project are attached. This office objects to the project as proposed. Signed i ( : ( 1/ ' .b ilA--~ (I_~ i i' \ v....D~/! Date I ..../(/ " ISl? ..x /,. > r.o, Box 27687. Raleigh. North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 5O'Yo recycled/ 10% post-consumer paper ..~.(; ClEM WQ ENVSCI Fax:919-733-9959 Jan 25 '96 9:49 , I j1..MORAJIDUM - ':6:' PRINT NMms: . Revi~w9r: ~o : .Jomt 00' : 'WQ s-i1.Pv,: ENvI:RO ' ~AL SCIENCES BRANCH l>ATB = I :UBJECT: WEn.AND STAFF: REPORT AND REcb:KKmIDATIONS P.02/02 ***RAC1,I :iTEM MUS.T BE ANSWERED! ll$ NJ A :paR N9T APPLICABLE) . i PERMIT. YR: I !15 ,,;: ~IT ~O: (}~. APPLICANT NAME::~ PIT.TMAN: AND M PROJBCT_1"lPE: I STRKAM:,J.~.EsTORAT'I()N I COE I: ,1996D:05'90 RCD:...,fROK_CDA: I COE REG_OFFICE: ,ARO I :IVIm AND SUB BASIN. I: 6308'30 - - - I - - STR:EAlCCUsSS: <t 4~-.z+- WL_IMP-ACT?: @ *** COUNTY: MCDOWELL SI:t.-VER. PERMI!' TYPE: IND DoT #: DATE_FRM~CDA: 12/21/95 s ,_INDEX_NO: 11-10 I I I I i I WL TYPE: WL_ACR...)JST?: Y IN w IMPACnm BY FILI.1 f Y/N MITIGATION~TYPB: oU RBQUB6-T MORB ,INFO'!: Y IN ATTACl,IIID?': @ DISCUSSED WlTij APPLICANT?: Y/N ) I ISSUH€,/CO~ENY /--U V'd~ S-r: DID I : IS _LAND RATING I HAVE PROJECT' c.riANGESI CONDITIONS , I ' REC9~AT'ION COMMENTS': c: Regional Off~ce Centra-l Fi1e~ RECEIVED JAN .3 1 1996 ENVIRONMENTAL SCIENCES -.......,....." 1, Curtis Creek is classified as C-trout waters and the turbidity requirement of 10 NTU's should be included in the certification, 2, No work should take place during trout spawning season. 3. Diversion of the stream flow should be first in the construction sequence, That way most of the work can be accomplished in the dry, 4, Construction machinery should be operated from the bank rather than in the stream channel in order to minimize sedimentation and to prevent the loss of oils, grease and other fluids into the stream, . ~ , DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No, 199600590 December 21, 1995 PUBLIC NOTICE MR, CHARLES PITTMAN AND MRS. MILDRED SILVER, ROUTE 2, BOX 295, OLD FORT, NORTH CAROLINA 28762 have applied for a Department of the Army (DA) permit TO PERFORM STREAM CHANNEL RESTORATION WORK WITH HEAVY EQUIPMENT IN A SECTION OF CURTIS CREEK, NEAR OLD FORT, IN MCDOWELL COUNTY, NORTH CAROLINA, 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 excavation of rock and woody debris from an approximately 300 foot long segment of Curtis Creek, The applicant estimates the removal of 800 cubic yards of rock and cobble will be necessary in order to reestablish normal high flows in one channel, Recent floods in the area have resulted in a braided channel (4 separate channels) with significantly reduced capacities to carry either normal or high stream flows. The planned channel is to have a bottom width of approximately 25 feet and approximately 2:1 channel side slopes, The bottom of the channel is to be constructed so as to concentrate flows in an approximately 10 to 12 foot wide channel area during low flow periods, Material that is generated from the channel excavation is to be used to restore some of the applicant's previously landscaped riparian uplands lost during recent floods, Included in the area to be filled is an established flood scour channel that is threatening a septic tank and drain field, The overall fill area measures approximately 300 feet in length and 30 feet wide, Finally, a rock dike/jetty is to be constructed of large rock and boulders upstream of the fill site so as to divert future flood flows into the restored channel and away from the reconstructed upland area. Where practicable, excavation work is to be performed in the dry. Also, the temporary storage of excavated material in the live stream will be minimized and avoided to the maximum extent possible, All filled and disturbed soil areas are to be seeded and mulched as the project is completed. The primary purpose of the proposed work is to restore recently lost landscaped riparian area and to prevent the catastrophic loss of the applicant's domestic sewage treatment system, 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 (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, 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, The decision whether to issue a permit will be based 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, 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 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 Corps of Engineers 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 the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this 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, Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA), Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Environmental Management (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 Department of the Army (DA) permit serves 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. 2 , The North Carolina Division of Environmental Management (NCDEM) plans to take final action in the issuance of the Clean Water Act certification on or after January 12, 1996, 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), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before January 12, 1996, Attention: Mr, John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: MR, STEVE CHAPIN, until 4:15 p.m" January 19, 1995, or telephone (704) 271-4014. 3 ~ 1 0 ~ ('r 0"" )(..........1/) ~ .J a j ~ 0 ~~-: !\ ~ ~<S" 'C( -<t tm~ vt l.aJ - ~ .... "t ~ ~ q:~ ':t '- u~ ~ ~ ~~ ZQ'd ZQQ'ON SZ:6 S6.81 )3a \. { \l ---e ~ ~ l4. " ............ 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TENN. 37902 TOI'OGRAPHlC MAPS AND SYMBOlS IS AVAIlABLE ON REOutST '. _I (J,'lIrH<IIN<.I. 11M-AIKIN OL-b FmIT t2\JA [) Sh~-t 2 of 2- KO "rimary hltlhway, hard 5urlac(! S(>rondm,llIcll"'iI', ha rd surlilff' (_) Intcr5lalC' Hout. :; 'nN,1I :)~.; 'lVl N3V\NO(jiN'J] S66\ L G 83(1 O]!'\cc.n>1 .;. 3::)IION ::)Iland V SI SIHl ilNV1~OdWI O::)MVS SS3NIsna 1VOI::l::lO 068 L -ZOr8Z VNI10~V::) Hl~ON 'N018NIWlIM 068 L xoca 'O'd N018NIWlIM 'l:)l~lSla ~33N18N3 AW~V 's'n ~33N18N3 l:)l~lSla J~25-1996 10:12 FROM Asheville RO DEHNR ~ TO AQUATIC TOX P,02 tc 1St ~ EIfJ4'CI ~1DI " ~, ' ~I Jan 2S'96 9:49 P.02/'02 nTevi~~~' fft' v--- ~' WQ SUPV.~ , SCI.lJ:lfC1D I&A1fCH DATIl: J ~ ~l ~ h'AFF)mpOB.T JiBD DOltS. .~ t..- lIU~ 1m ANSWBlUID ~ )JIA POll. Jr"" .APPI.IClBLlt) 'It.. . 'BIJIIT, Ds I !is _'-'--, PtIItII1"1' m, 0 1301 COUlfIYi ~ .arn.xCMti' IWms .~..._~ :;~!-MD SJ:~ PJIO.JJIm 'f'1'P.I.: 19'IRIIMl"ItI!rl'OBA'l'ICM PEKMIT 'l'YPBc IR1) ftm<:D1s .19960:05~ 'OO'f ,; aca...... s lCOli DNfB_FIULc17A.. 1.2/21.195 RIIl_u6rca. AIIO :nBIl_OD_SUB~DLl1 130.830 B'J'R.1I:MLcr.Ms I d"~ WL_DlP6CT1: tlD, lfL_BBQ1JB8!D: ; WL_~U). i ,HI1:1GNrtrMi ~ y~ . K11'Iat.TIO'CSI.t ! 1$ ~ BlaDtCf I DVB PlDJBCT' ~'WJm1'l"IONS ~c:JlI (Ci:r~le F'1X:919-~ ...... DlDlDCNth 11-10 'Vl._TYPJSa WL..,Ae:R_BST': Ylll lKPACTED ft J'ILL"l1 Y!R JUT:[GATIORj,T'1"rJS : U msquss:r MOD .:IIm)t: TIN A'I"l'Aa.mD!': @ MSCUSS8D WI'flJ APPLlCAln''l'1 Y/. ). ISSUB~J~ ../,.~..... COlQtBlft'B-= '...... . I Os Jbadonal Office Central :1':1.10' . JAN-25-1996 10:13 FROM Asheville RO DEHNR TO AQUATI C TOX P.03 ~ 1. CUrti. er..k is classifi@d as C-trout waters and the turbidity requirement of 10 NTU's should be included in the certification. 2. No work should take plaoe during trout: .pawning ..a.on. 3. Diversion of the streamflow should be first in the construction sequence. That way m08t of the work can be 'accompliahec1 in the c1ry, . 4. Congtruotion maohinery should be operated from the bank rather than in tbe stream channel in order to minimize sedimentation and to prevent the loss of oils, grease and other fluids into the stream. . TOTAL P,83 MEMORANDUM PRINT NAMES: Reviewer: JOHN DORNEY \'1Q SUPV, : ENVIRONMENTAL SCIENCES BRANCH DATE: TO: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: APPLICANT NAME: PROJECT TYPE: COE_1f : RCD FROM CDA: - - REG OFFICE: 95 PERMIT NO: 0001301 CHARLES PITTMAN AND MILDRED STREAM RESTORATION 199600590 COE ARO COUNTY: MCDOWELL SILVER PERMIT TYPE: IND DOT_# : DATE_FRM_CDA: 12/21/95 RIVER_AND_SUB_BASIN_#: 030830 STREAM CLASS: C STR INDEX NO: 11-10 WL IMPACT?: Y /N WI, TYPE: WL_REQUESTED: WL_SCORE( #) : MITIGATION?: Y/N WL ACR EST?: YIN WATER IMPACTED BY FILL?: Y/N MITIGATION TYPE: DID YOU REQUEST MORE INFO?: Y/N IS WETLAND RATING SHEET ATTACHED?: Y/N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N MITIGATION SIZE: RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY COMMENTS: cc: Regional Office Central Files ,/--, ~ C___'f'fr;~7/J't // / I,; (/' --, -j i -) , II I / / ,J / () ,} / / <: '\ ~l (1 l 1< (i C)~)cL u0c0 -J ' . -; (J S- ,! j -- () / L2 ~A ~~~c<-',- K__k?A./ L-~ /t!(L-e~ /}) {1L.e -Z~-;&--fC../ ~ - - , ( -1>~' ~4' o~~ (-~1l I (f <:) NQrtlt<=:_ar2lina Wildlife ResourCefi~~IIlll1isSi~E~~~~:",,~1% su N. Salisl>ury Street, Raleigh, North Carolina 27604-11H8, 919-733-3391 l':"~0' Charles R, Fullwood, Executive Director .JI TO: John R. Parker, 404 Coordinator Division of Coastal Management r~ ,I( r \:<<\f~ \0 / ". J/ MEMORANDUM FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: January 12, 1996 SUBJECT: US. Army Corps of Engineers Public Notice No. 199600590, Application by Mr. Charles Pittman and Mrs, Mildred Silver to restore a section of Curtis Creek, McDowell County, The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the information provided by the U.S. Army Corps of Engineers, and I conducted a site visit on 14 December 1995. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 US.C. 466 et seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 US,C. 661-667d.). The applicants propose to excavate rock and woody debris from a 300-foot long section of Curtis Creek. Recent flood events have resulted in a braided channel (4 separate channels) with reduced capacities to carry normal and high flows. Applicants plan to remove approximately 800 cubic yards of rock to reestabiish on~ channel. The final channel will have an average width of25 feet and banks sloped at 2: 1. The bottom of the channel will be constructed so as to concentrate flows in a 10-12 foot wide channel during low flow periods. Excavated rock will be used to restore some ofMr. Pittman's uplands lost to flood events. Included in the area to be filled is a new flood scour channel that is threatening a septic tank and drain field. Finally, a rock dike/jetty will be constructed oflarge rock and boulders upstream of the fill site to divert future flood flows into the restored channel and away from the reconstructed upland area. Work will be done in the dry where practicable, and the temporary storage of excavated material in the live stream will be minimized, All filled and disturbed soil areas will be seeded and mulched as soon as the project is completed. The primary purpose of this project is to restore property lost to flooding and to prevent loss of Mr. Pittman's domestic sewage treatment system. " 199600590 Page 2 January 12, 1996 Curtis Creek is Hatchery Supported Designated Public Mountain Trout Water in the project area. We do not object to the issuance of this pennit, provided the following conditions are met by the applicants: Future Flood Events We prefer that applicants do not completely block off the two braided channels on either side of the restored channel to ensure that the stream in this area can handle flood flows. This does not include the newest channel along the right bank (looking upstream) that is threatening Mr. Pittman's septic system, which we agree should be blocked off and filled. Ifpossible, the applicant should reestablish the main channel to carry low and normal water flow. At high flows, water could also use the existing channels on either side of the restored channel without cutting new channels and damaging property, Bank Stabilization Applicants should consider planting woody vegetation on the filled channel to help prevent future erosion near the septic tank system. Mr. Pittman may want to contact the local office of the Natural Resources Conservation Service (794/652-4434) for information on planting willow cuttings, which would be an inexpensive way to stabilize this area. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Mr. Steve Chapin, COE, Asheville Ms. Janice Nicholls, USFWS, Asheville Mr. John Dorney, DEM State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director r~.~ r- _ __ - - - DEHNA. January 2, 1996 MEMORANDUM TO: Mr. A. Preston Howard, p, E. Director Division of Environmental Management FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached U,S. Army Corps of Engineers Public Notice for Action No. 199600590 dated December 14, 1995 describing a proposed project by Mr. Charles Pittman & Mrs. Mildred Silver, 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 January 19, 1996. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested, REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed, Signed Date P.O. Box 27687. Raleigh. North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50% recycled/ 10% post-consumer paper '" ~ DEPARTMENT OF THE ARMY wilmington District, Corps of Engineers Post Office Box 1890 wilmington, North Carolina 28402-1890 Action ID No. 199600590 December 21, 1995 PUBLIC NOTICE MR, CHARLES PITTMAN AND MRS, MILDRED SILVER, ROUTE 2, BOX 295, OLD FORT, NORTH CAROLINA 28762 have applied for a Department of the Army (DA) permit TO PERFORM STREAM CHANNEL RESTORATION WORK WITH HEAVY EQUIPMENT IN A SECTION OF CURTIS CREEK, NEAR OLD FORT, IN MCDOWELL COUNTY, NORTH CAROLINA. 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 excavation of rock and woody debris from an approximately 300 foot long segment of Curtis Creek, The applicant estimates the removal of 800 cubic yards of rock and cobble will be necessary in order to reestablish normal high flows in one channel, Recent floods in the area have resulted in a braided channel (4 separate channels) with significantly reduced capacities to carry either normal or high stream flows, The planned channel is to have a bottom width of approximately 25 feet and approximately 2:1 channel side slopes, The bottom of the channel is to be constructed so as to concentrate flows in an approximately 10 to 12 foot wide channel area during low flow periods, Material that is generated from the channel excavation is to be used to restore some of the applicant'S previously landscaped riparian uplands lost during recent floods, Included in the area to be filled is an established flood scour channel that is threatening a septic tank and drain field, The overall fill area measures approximately 300 feet in length and 30 feet wide, Finally, a rock dike/jetty is to be constructed of large rock and boulders upstream of the fill site so as to divert future flood flows into the restored channel and away from the reconstructed upland area. Where practicable, excavation work is to be performed in the dry, Also, the temporary storage of excavated material in the live stream will be minimized and avoided to the maximum extent possible, All filled and disturbed soil areas are to be seeded and mulched as the project is completed. The primary purpose of the proposed work is to restore recently lost landscaped riparian area and to prevent the catastrophic loss of the applicant's domestic sewage treatment system, 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 (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, 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, The decision whether to issue a permit will be based 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, 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 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 Corps of Engineers 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 the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this 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. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity, Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Environmental Management (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 Department of the Army (DA) permit serves 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, 2 ~ The North Carolina Division of Environmental Management (NCDEM) plans to take final action in the issuance of the Clean Water Act certification on or after January 12, 1996, 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), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before January 12, 1996, Attention: Mr, John Dorney, Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: MR, STEVE CHAPIN, until 4:15 p,m., January 19, 1995, or telephone (704) 271-4014. 3 ~ 1 0 ~ c-;r 0-- )('"'+'"l/) q,l 6J Q .l ..sa 0 ~...ei- ~ ~ ~ ~ ~ oct tmm ~ ~ -< .... -t ~ ~ $~ .... - <..J~ ~ ~ ~~ ZO'd ZOO'ON SZ:6 S6.8t J3Q l~ It -." ~ ..::: ~ "- ~. " -, ..... - ll-. '_ ',- -'_ ft. ~ S.~ - ''-....... U- .) '-- '-..... ,; .....-.......... ~ 1514~l.l d 4 '-J JSt:'- - '" ~ '-.. " .( '~ .::s '...... ...$ , .............." " "- ... " ~~r' ~ \ ~ ' "'- U' , , \. " ' N ~ C4-- o 'i tZlt-ZSZ-~Ol-t:QI - + ~ " ~ VI [251 hQIA 'i~ li(I ~O\.C ~(. .....- UIA t.~ \1)_ ~ ~~t4.. "{ -. -t " '1 J., .., Q ~ , u. ~ -- '" -~ -~ 't; "t: '-.l ,-1 t ~ ~ '" .~ ~ <. PJ K7\ IS,:! hO\.t$(. ~ 0\1\ 'tft :u. ~f' ~\"t Ci...)~ ,Vl ~ -l= v1 \. ~ <-.) ] ,.-... ~ 'J\ N '" J c "- VI .:So 0 r-- + 1 S~9N3/Sd~OJ ^W~~ sn . 'NTI"I"'" \~t I(U --I -~._- 000 ICIOO lOOO .000 MlOO -r.=----,.t__ . .- .. I -,- - . !> 0 ~--r'4 1 ',1. . ....'" I "'Ill -,,1 r.ono ,(.(. HIT ".r-. J I ~llOM[Ttll . 1 ~1'E Primary hl~h.",ay, hard 5.urtacC! Sf\C':omlmy IllghwilY, hard $urlOlCe <._ ) Inter:;':!'!' HOl.l. CONTOUR INTfRVAL 40 reEl ONAl CEOlJlllC VERTICAL DATUM \'~ l'J;I\f :;OMfollf.S WITH NATIONAL M^" M:(;lIflACY STAN~"O!. U. S, GEOLOGICAL SURVEY, RESTON. VIRGINIA 2209:.0 BY U. S, TiNNESSEE VAlLEY AUTHORITY, >OGI\. TENN, 37401 OR KNOXVilLE. TENN. 37902 TOI'()GMPHlC MAPS AND SYMBOlS IS AVAIlABlE ON REOutST l ,r<! " N I: '_'!J1 .-:t,.... '. ../ (JIIMIK_.I. IIM'JIIKIN OL-b F'0flT &\AAf) Sh.o-t 2. of 2- ~ . 3::>IION ::>Ilijnd 'V SI SIHl ilN'tl~OdWI \ OJM'VS SS3NIsna lVI::>I:HO 068 L -lOv8l 'VNIlO~'V::> Hl~ON 'N018NIWlIM 068 L XOS 'O'd N018NIWlIM 'l::>l~lSla ~33N18N3 AW~V 's'n ~33N18N3 IJI~lSla DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WilMINGTON, NORTH CAROLINA 28402-1890 95/301 IN REPLY REFER TO December 19, 1995 Regulatory Branch /\:~~-'Z- .. ....://;t D I:'n 0 ---'I..(.? 1 , I /99$ Action ID No. 199600590 Mr. John Dorney Division of Environmental North Carolina Department Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina Management of 27607 Dear Mr, Dorney: Enclosed is the application of Mr. Charles Pittman for Department of the Army authorization and a State Water Quality Certification to perform channel work with heavy equipment in Curtis Creek, near Old Fort, in McDowell County, North Carolina. 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 Department of the Army 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 have not acted on the request, or asked for an extension of time, by February 18, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, Regulatory Branch, telephone (704) 271-4014. Sincerely, ~ -)-i'l- '--.- \ I ' \-:..&"-^'-/\ c \ur G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure) Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 ,,-,:=-) APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO, 0710-003 ...,.., "". (33 CFR 326) Explr.. October 1996 Public r.portlng to..rd.... for thl. collection of Inform.tlon I. ..tlm.t.d to .v.r.g. 6 hour. p.r r..pon.., Including the tlm. for r.vI.wlng Inltructlon., Slarchlng .xl.<<ng d.t. .ourc.., g.th.rlng .nd melntelnlng the d.ta n.eded, .nd compl.tlng end reviewing the collection of Informetlon, S.nd c:umm.nt. r.g.rding thl. burden .lItImet. or .ny oth.r ..p.ct of thl. coll.ctlon of Informetlon, Including .ugg..tlon. for r.duclng thl. bu,d.n, to D.p.rtment of D.f.n.., W..hlngton H.adqu.rt.rs S.rvlc. Dlr.ctoret. of InformetlonOperetlon. .nd R.port., 121& J.ff."on D.vI. Hlghw.y, Suit. 1204, Arlington, VA 22202-4302; .nd to the Office of M.nag.m.nt and Budget, P.perwork Reduction Project (0710-0003), W..hlngton, DC 20603, PI.... DO NO RETURN your form to elth.r of tho.e .ddr...... Completad appllcetlonl mu.t be IUbmltted to the Dlltrlct EngIneer having jurl.clctlon over the locetlon of the propo.ed activity, PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404, Principal Purpo..: The.. law. requlr. permit. euthorlzlng actlvltl..ln, or affecting, navlgabl. wete" of the United Stet.., the dllCharg. of dr.dged JH fill mat.rlallnto w.ter. of the United Stat.., and the trenlportetlon of dradg.d material for the purpo.. of dumping It Into oc.an w.t.rs, RoutIn. U...: Inform.tlon provided on thl. form will be u..d In .valuetlng the appllcetlon for a permit, D1.clolUr.: D1.clolUre of request.d Inform.tlon Is voluntary, If Inform.tlon Is n"ovlded, however, the PBmllt .ppllcetlon c.nnot be proce.HCI nor CM . permit be luued, .t ~V One Nt of original drawing. or good reproducible cople. which show the locetlon .nd c~....'"'tt..( of the propo..d .ctlvlty mult b. att.ched to thl. appllcetlon elM umple drawlnp and lnatructlonl' .nd be lubmitt.d to the DIltrlct En__Hr having jurl.dlctlon ov.r the location of the propoled activity. An eppIlcetlon that II not completed In full will be retum.d. f, ,! r) , -'I - 'Cf r...$ 1, APPLICATION NO, r"\ 4. DATE APPLICATION COMPLETED (',;--., \. .---.J t..... 5. 8. 'S NAME AND TITLE t.n .~n/ls lIO/fWlulled) 6. 9, AGENT'S ADDRESS a. Residence (70'1) b. Business a. Residence b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my .gent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. DATE 13, NAME OF WATERBODY, IF KNOWN (If.pp/lc.bI.1 14. PROJECT STREET ADDRESS (If .ppHc.1H1 _f\L t. STATE 16. OTHER LOCATION DESCRIPTIONS. IF KNOWN, (sHlnslfUel/ansl 17, DIRECTIONS TO THE SITf --rc~, ( r0 0 n'tO \'.s+ h~Uj~ orJ c/w-+\- ~ ~,t- Cr-ee~ P-.-J \..~:~ +- ~fO~ I " '-.,0- 1",\, J --'. f l) ENG FORM 4345. Feb 94 EDITION OF SEP 91 IS OBSOLETE. (Proponent: CECW-ORI , SIOliS/S,L ...oZ:Il.ylllll :Ocro's'n. ... .......-jo .... .,.. .- '410q JO IJI8A 8^1I UIlll 8JOW 10U P9UOI!JdW! 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