19880226 Ver 1_COMPLETE FILE_19880122

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
February 29, 1988
Colonel Paul W. Woodbury
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 27402
Dear Colonel Woodbury:
S. Thomas Rhodes, Secretary
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0078
dated December 19, 1987 which describes a project proposal by R. L. Pierce of
Wallace. The project, involving expansion of an ongoing sand mining
operation, is located on the Northeast Cape Fear River at Northeast Community
in Duplin County. It is not clear to the writer just how much actual mining
area was authorized stemming from the review of SAWC087-N-03170240. However,
we assume it included no more than the "curve of the river" or perhaps
hundreds of yards as compared to several miles now being considered.
In response to the coordinated agency review, one key agency, the
Wildlife Resources Commission, recommends that the application request be held
in abeyance until more formalized and complete information is available for
review (see attached memorandum). It would occur to the writer that any
authorization for sand mining should be in a more clearly delineated section
of the river and not so excessive or open ended as the subject request. This
state viewpoint, therefore, concurs with the recommendation of the Wildlife
Commission. An alternative may be a greatly reduced project.
The applicant should be notified that if this project or a similar
project is authorized, the requirements of two other agencies must be met.
These are: 1) the Division of Archives and History, by joint memorandum of
January 25, has recommended a comprehensive survey of the project area; 2) the
Department of Administration will rcq»ire an Easement for :and mining.
For your information, the Division of Environmental Management
issued Water Quality Certification No. 2203 for this project on February 15,
1988.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
44
Colonel Paul W. Woodbury
Page 2
February 29, 1988
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the agencies listed.
Very sincerely,
Join R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Division of Archives & History
Division of Environmental Managementy
"e° , -,
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary February 15, 1988 Director
Mr. Russell Pierce
Rt. 2 Box 296
Wallace, NC 28466
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Sand Dredging
Russell: Pierce
Riverside Sand Company, Inc.
Northeast Cape Fear River
Duplin County
Dear Mr. Pierce:
Attached hereto are two (2) copies of Certification No. 2203
issued to Russell Pierce dated February 15, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
t>?,i»al Signed By
?t:;iliiam C. mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
r+ .
NORTH CAROLINA
Duplin County
CERTIFICATICN
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 Russell Pierce pursuant to
an application filed on the 18th day of November, 1987 to construct a
sand dredging operation for Riverside Sand Co., Inc.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Northeast
Cape Fear River in conjunction with the proposed sand operation in
Duplin 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 50 N U's or less are
not considered significant).
2. Discharges from the sand operation back into
Northeast Cape Fear River shall be in compliance
with NPDES Permit No. N00072561.
Violations of any condition herein set forth shall result in
revocation of this Certification.
. This Certification shall became null and void unless the above
conditions are made conditions of the Federal Permit.
This the 15th day of February, 1988.
DIVISION OF ENVIRCNMENTAL MANAGEMENT
Original Signed By
William C. Milis
Por R. Paul Wilms, Director
WQC# 2203
f
STATE
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary February 15, 1988 Director
Mr. Russell Pierce
Rt. 2 Box 296
Wallace, NC 28466
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Sand Dredging
Russell Pierce
Riverside Sand Company, Inc.
Northeast Cape Fear River
Duplin County
Dear Mr. Pierce:
Attached hereto are two (2) copies of Certification No. 2203
issued to Russell Pierce dated February 15, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed BY
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
J ? + Ff
NORTH CAROLINA
Duplin County
CERTIFICATIOK
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 Russell Pierce pursuant to
an application filed on the 18th day of Navember, 1987 to construct a
sand dredging operation for Riverside Sand Co., Inc.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Northeast
Cape Fear River in conjunction with the proposed sand operation in
Duplin 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 50 NTU's or less are
not considered significant).
2. Discharges fran the sand operation back into
Northeast Cape Fear River shall be in compliance
with NPDES Permit No. N00072561.
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 15th day of February, 1988.
DIVISION OF ENVIRCNMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2203
I-W
.s ?, siArF w
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
December 30, 1987
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. Q078 dated
12/17/87 describing a project proposed by Russell L. Pierce
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 1/20/88
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY
JRP : j r. / aw
This office objects to the project as proposed.
Comments on this project are attached.
x This office supports the project proposal.
No comment.
Signed AA&= ?A
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

0
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE: January 22, 1988
TO: Bill Mills
Operations Branch
FROM: Michael F. Williams `t-a---
Wilmington Regiona Office
THROUGH: A. Preston Howard, Jr. 40
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Riverside Sand Co., Inc. - Russell L. Pierce
Duplin County
The applicant, Mr. Russell L. Pierce has applied to the U.S. Army
Corps of Engineers to dredge sand from a 4.5 mile stretch of the
Northeast Cape Fear River, 4 miles southwest of Chinquapin, NC.
Mr. Pierce proposes to hydraulically dredge 100,000 cubic yards
of sand from the river bottom pump through a
classifier/ separator. Liquid and fines are proposed to be piped
to a settling pond, then to an existing 2 acre lake prior to
discharge back to the river via spillway and rip-rap lined
discharge channel.
The applicant has received authorization from the State since
NPDES Permit NCO072561 was issued January 11, 1988 for the
discharge from the hydraulic dredging operation. The permit
contains discharge limitations for settleable solids, turbidity,
and fecal coliform.
This office has no objection to the project as proposed.
MFW:kc
cc: WiRO, CF

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-031-0078
R E -E.l V
0 C 1819.
WAILk QUALITY
OPERATIONS BRAN;(.4-1
December 17, 1987
PUBLIC NOTICE
RUSSELL L. PIERCE, RT. 2, BOX 296, WALLACE, NORTH CAROLINA 28466 has
applied for a Department of the Army permit TO EXCAVATE SAND IN CONJUNCTION
WITH AN ONGOING SAND MINING OPERATION AT RIVERSIDE SAND COMPANY ON THE
NORTHEAST CAPE FEAR RIVER AT NORTHEAST COMMUNITY IN DUPLIN COUNTY, NORTH
CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during ar6onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed hydraulic excavation of approximately 100,000
cubic yards of sand from 4 1/2 miles of the Northeast Cape Fear River. The
suction dredge will pump material from the river to a classifier and then the
effluent will discharge into an existing 2-acre settling pond. After the water
has sufficiently clarified, it will be returned to the river through siltation
devices and an existing discharge canal. The proposal is an expansion of work
previously authorized by Department of the Army permit number SAWC087-N-031-
0240. The purpose of the work is to mine sand for resale purposes. 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 proposal shall be reviewed for the applicability of other actions by
North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,

-2-
and"i46-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
c. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
M. The approval for the operation of a mining activity by the Land
Quality Section of the North Carolina Department of Natural Resources and
Community Development.
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued unti`1 a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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 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 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
i
-3-
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
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 ac "in in the issuance of the Clean Water Act certification on or after
January 11,;'1988.
Al-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 January 4, 1988 , Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., January 15,
1988, or telephone [phone].
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APPLICATION
FOR -40478
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Ocpartment of Administration State of North Carolina Deparrpeotpf ;Lh»-Army - :, '.?
(GS 14612) Department of Natural Resources and Community Development Corp?sM,nstneen; llmin:toft. District
(GS 113-229, 143.215.3(x)(1). 143-215.3(c), 113A•119 (33 Col A3 0-32 ).'
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in plank.
1. Applicant Information P.-`o o Ilttr55PF.P_ L.
A. Name
Last First Middle
8. Address fit. 2, Sex Lyb
Street, P. O. Box or Route
u1c.FP.acP, N. C. 26366 251-4212
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Dupt w
8. 1. City, town, community or landmark NC~the SP Cc-rtntolitu
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
N 1 Capp Ferv R.ivy --
111. Description of Project
A. 1. Maintenance of existing project 0a 2. New work see attached ditek',.11g?
8. Purpose of excavation or fill
1. Accem channel 50, It•ngth 21) width 4* depth iYa
2. 8wt basin i?/ a length ?t/ width #1/c depth F,/,-
3. Fill area Oct. length 1? a width _ I-I depth do
_4v Other length '?la width a depth 1:1a
N C. 1. Bulkhead length ?'- a Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) v
D. Exc.tvated material (total for project)
1. Cubic yards 100 , 000 2 Type,of material Sard
E. Fill material to be placed below MHW (sec also Vt. A)
1. Cubic yards 0a 2. Type of material da
IV- Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes ^ No
B. Dues the disposal area include any marshland, swamps or other wetland? Yes- X No
C. Disposal Area
1. Location pe Far .. vn- o"Vot,hpff
2 Do you claim title to disposal area? un-t
U. Fill material source if till is to be trucked in
E. How will excavated material be entrapped and erosion controlled? L""' ? ^_^ ?': ?:q 2ego
I . I vpc of equipment to be used d .e a0o !tutu iC??
G. Will marshland be crossed in transporting equipment to project site? If yes, explain APO wtewing p,-gp 2
V. Intended Use of Protect Area (Describe)
A. 1. Private
x Commercial
3. Housing Development or Industrial
4. Other 4e6af'0
8. 1. Lot size(s) q''i
2. Elevation of lot(s) above mean high water-da
3. Soil type and texture n/a
4. Type of building facilities or structures n/a
5. Sewage disposal and/or waste Water treatment A. Existing Planned _ 11/a
B. Descn'be - ?'•/C
6• LaM Class+ficatuon'(circle one) DEVELOPED TRANSITIONAL COMMUNITY URA
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
Vl. Peruin;ng to fill and Water (: uWity:
A- Does the Proposed protect involve the placement of rill materials below mean high water? Yes No X
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes X No
2. Tyrv of discharge - 00r_ v Wnfolr
3. Location of discharge S90 mo 5 Ae a-in4S 6r pteh 3
VU. Present rate of shoreline erosion (if known): n/rr
Vll 1. Lht permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
area, i applicable: 17 1&
IX. Length of time required to complete project; 5 [IPGh S
X. In addition to the completed application form, the following items muse be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which
claims title to the affectd pr applicant
operty. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
Permission from the owner to
carry out the project on his land. - -
B. Attach an accurate work plat drawn to scale on 8% X 11" white
-- Paper (see instruction booklet for
details). Note: Original drawings preferred • only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
0. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such ownen have 30 days in which to submit comments to agencies listed below.
Xl. Ceru Mtion requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved costal management program and will be conducted in a
manner consistent with such program.
XI1. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and Iand clearing.
DATE /
r
Applicant's Signature
Ill VEIV' DI SAND. /A*('.
kt. 2 /tux lnln
Wallace. North Corolino 28466
Noveni)vt. 16, 190
Depantw.?Lt o6 the Army
Wif mingtvri D.i 4t 4,c C!t, C onpt? o6 E ng"inee u
Po3t 066.ice. Fox 1890
Wi4min9tvn, N. C. 28402-1890
Attn: Je.66 Richer
DeOA SiA:
R.ive.at?"ide Sand Co-pany, Inc. ptan-s to dredge 6nom the N. E. Cape. Fear
Riven 6nom whehe. the Novae. Shoe. CuAve..i3 down tiven bon 112 w- Ve, then back
up h iveh 4 mcfe,&. AQ tong as ap can pup to the cf..as6 i6.ieA tcv.. w.tff d4&change.
katon back .i?! the ox.i6-ci,?tg t?ofil?,irg pu• then back .i?v-o the. ) i.ven. ;iL6
w6 mive:`au?ar,• ?ior??_xke' ant; xwe' wit t,G s t t"? "> ° _ _ µ s
stand tov We wiff- .&-fv- ?Q;#;?C.uig `paiid;?v take ca?ce. o6 watelc to
e:v? dike a
fet it 4e t-tfe be. 6o:ce. putting .tt back &! the. h i.ve,%.
t We ao waning on N. C. DepanJme.?t o6 NatunaP_ Resou_ccc4 bon .&i6okmat„i.on
on &i.ze. 06 6ertf i?•.g pot!d at th i& t imr2. .,
Thank you'-
.. ?,?...L?tlc? ? 1 <?•?"? ? ? j?? j ?^?? ?--.?: 1. ?,?./ -;,,,,, ? ??? i ???? ??..,.i,,?'•
1?'u!t!to.P,F, L. P.ietcce :fir
• Ali ? 7
a
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
December 11, 1987
SUBJECT: File No. SAWC088-N-031-0078
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
DcC 15 1987
WA rLP QUALITY ?tCTION
OPERATIONS BRANCH
Enclosed is the application of Mr. Russell L. Pierce for a Department of
the Army permit and a State Water Quality Certification to conduct a sand
mining operation, including the placement of excavated and fill material in
waters and wetlands, on the Northeast Cape Fear River, Northeast Community,
Duplin 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 authorization of the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be 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, 60 days after receipt
of a request for certification is considered a reasonable time for State
action. Therefore, if your office has not acted on the request by
February 8, 1988, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, telephone (919)
343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
'jU l
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
t? ; y,.
Department of Administration State of North Carolina Dep ep f-° .Army
(GS 146-12) Department of Natural Resources and Community DeYeto?pment Corp nsfneprl; minatoK.District
(GS 113.229, 143.215.3(a)(1), 143-215.3(c), 113A•118 (33 C *09.4%?02ZX'
..Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in L1ank.,

1. Applicant Information pie 'CP
A. Name
ku332P.P_
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Last
First
Middle
B. Address Rt. 2, 3ox 2y6
Street, P. O. Box or Route
WapP.?Ce, N. C. 26466 259-4212
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Duptw
B. 1. City, town, community or landmark N??t?[.e?3Q Comhtl??(tLI
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
N Cape reC't i_.1.Veh
Ill. Description of Project
soe cfr..er_hed dtawikig?
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
I. Access channel 50' Irngth 2U width 7 ? depth ?'??
2. ??tcz length i?c width 1'10 depth ?'
Beat basin
3. Fill area 0C length 01 width i'• depth ?'/?
4. Other 00, length i1/0 width i'/r depth i=/C
C. 1. Bulkhead length ?'- 0 Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) (o
D. Excavated material (total for project)
1. Cubic yards 100,000 2. Type of material S01'd
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards r1 c 2. Type of material 04:
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes ^ No
B. Does the disposal area include any marshland, swamps or other wetland? Yes X No
C_ Disposal Area
1. Location Soo Pci'd ire., 0`f ohori --
2. Do you claim title to disposal area? 140 -
D. Fill material source if lill is to be trucked in Oct
L. How will excavated material be entrapped and erosion controlled? Lit' 'c'.it:_ - ]
I . I ype of equipment to be used d Q.dGQ. Sufi ;^i'•
G. Will marshland be crossed in transporting equipment to project site? If yes, explain ''QQ ?" CltLi'•y pC.gQ 2
&F 1
V. lntersded Use of Project Area (Describe) `
A. 1. Private
Z Commercial
3. Mousing Development or Industrial
4. Other extkr.c1_ !,and Aon. u6abo
B. 1. Lot size(s)
0a
2. Elevation of lot(s) above mean high water-Oct
3. Soil type and texwre ?j/a
4. Type of building facilities or structures n/a
5. Sewage disposal ;and/of waste water treatment A. Existing Planned n/a
B. Describe ?'•/a
6. 'Land Classific"on'(circle one) DEVELOPED TRANSITIONAL COMMUNITY <jjqURA
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Q--Wiry:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes X No
2. Type of discharge - OPori, bjotph
3. L.oation of discharge See nnn & d awingi 6RP_fCh. 3
VII. Present rate 0f shoreline erosion (if known): n/a
VIIL List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: n/a
IX. Length of time required to complete project: - 5 UPCthS _
X- In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the caner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8h X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coa.-W management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 1 I - 16-6T ?CuS?e?P. L. Pie,,.cc
Applicant's Signature
L F_e,
KI V EX.S'IDESAND, INC.
Kt. 2 Box 161D
Wallace, North Carolina 28466
(V/W 285-5711
Novembe.n. 16, 198?
Depantmertt o6 the A)L y
UI. fM&Igton Dclt?rcct, Cokp/. o6 Enginem
Po6t 066ice. Box 1890
Wifmi.ngton, N. C. 28402-1890
Attn.: Je46 RicheA
Decvc SiA:
Rive.v!ide- Sar,,d Company, Irie. pFans to dkedge 4nom the N. E. Cape. Fe.an
RiveA 4tom wheAe the Noue. Shoe Cunve. -E6 down Pti..veh bon 112 md.e, then back
cep Ai_velt 4 m.LFe4. A6 Fong as uv can pu?ro to the coassi6ieA we w.i.P_P_ d Achange.
?ro1 e.n back in the ax e.? ?,i rag 4e,??P:%r-g pc?•?d, the,, back .ii"t-a the iL ve,,e. A,&
we' MOVO'°auv }scam the p nt, -ewe w fz 4Sit ngir"?itb
sand -too. We w.r_f,C have dike, point #ro take cage. o6 water to
P.et it- Ae,ttPe be?oAe r_aL.* -.&,:g it, back the h i.veA.
in?on.malion
We, are wai'im on N. C. De.patr,--,-wnt o6 Vatwtaf. Re.douhcef, boPt
on ". ze- of settEi,ng po+*.d at this t,%-w.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-031-0078 December 17, 1987
PUBLIC NOTICE
RUSSELL L. PIERCE, RT. 2, BOX 296, WALLACE, NORTH CAROLINA 28466 has
applied for a Department of the Army permit TO EXCAVATE SAND IN CONJUNCTION
WITH AN ONGOING SAND MINING OPERATION AT RIVERSIDE SAND COMPANY ON THE
NORTHEAST CAPE FEAR RIVER AT NORTHEAST COMMUNITY IN DUPLIN 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 proposed hydraulic excavation of approximately 100,000
cubic yards of sand from 4 1/2 miles of the Northeast Cape Fear River. The
suction dredge will pump material from the river to a classifier and then the
effluent will discharge into an existing 2-acre settling pond. After the water
has sufficiently clarified, it will be returned to the river through siltation
devices and an existing discharge canal. The proposal is an expansion of work
previously authorized by Department of the Army permit number SAWC087-N-031-
0240. The purpose of the work is to mine sand for resale purposes. 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 proposal shall be reviewed for the applicability of other actions by
North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
0)
1
-2-
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
c. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
M. The approval for the operation of a mining activity by the Land
Quality Section of the North Carolina Department of Natural Resources and
Community Development.
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and,Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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 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 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
-3-
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
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
January 11, 1988.
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 January 4, 1988 Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., January 15,
1988, or telephone [phone].

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