19970201 Ver 1_COMPLETE FILE_19970306

Non-Discharge Branch
Water Quality Section
September 23, 1997
MEMO
TO: Melba McGee
FROM: John Dome?DO
RE: Need for SEPA revi
Various 401 Certification Projects
In light of the need for SEPA review and documentation for the Buckhead Creek
project in Fayetteville, we have reviewed our existing files for pending Certifications to
locate any projects which may need SEPA documents before a 401 Certificaiton can be
issued. Please advise whether any of these projects will require SEPA review. If so, I
will write them to place them on hold and to contact you. In the future, we will send any
similar projects to you as soon as possible for a prompt decision for the SEPA process.
Sepal.mem
Cc: Eric Galamb
Michelle Suverkrubbe

Proposed
Dr^;,nM Plnmo 4nnlicant Cniintv DWO # ImDact
Lake Rim Park Cumberland Cumberland 970561 2.24 acres
Parks and Rec. wetlands
MILCON P-934 US Marine Onslow 970754 17.3 acres
Corps wetland fill
14.1 acres
wetland clear
Bancroft St. City of Mecklenburg 970308 12,700 feet of
area storm Charlotte streams
drainage
Gum Branch City of Mecklenburg 970609 690 feet of
stabilization Charlotte streams
Olde Savannah City of Mecklenburg 970736 Unsure -
Road Charlotte several
stormwater hundred feet of
maintenance streams
Tremont City of Mecklenburg 970652 500 feet
Avenue stream Charlotte streams
stabilization
Industrial park Perquimans Perquimans 961127 5.0 acres
development County wetlands
Economic
Development
Commission
House Creek City of Raleigh Wake 970560 1300 feet of
dredging streams
Carolina Beach Town of New Hanover 970201 Dredge lake
Lake Carolina Beach
Davis ballfield Carteret County Carteret 971137 1.02 acres
Parks and Rec. wetlands
14
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199704166 February 27, 1997
THE TOWN OF CAROLINA BEACH, 1121 Lake Park Boulevard, Carolina Beach,
North Carolina, 28428, has applied for a Department of the Army (DA) permit
modification TO INSTALL A PIPE THROUGH AN EARTHEN DAM AND EXCAVATE THE ENTIRE
BED OF CAROLINA BEACH LAKE, in Carolina Beach, New Hanover 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 installation of a 36-inch diameter, 6-foot long
section of schedule 40 PVC pipe through a previously permitted earthen dam,
located in a canal at the northeastern end of the Lake, off Atlanta Avenue.
This section of PVC pipe is to be attached to an identical 8-foot length of
pipe by a flexible 1/4-inch thick neoprene sheet 48-inches wide by 11-feet
long. The 8-foot section of pipe is to lie in the canal leading towards the
Carolina Beach Yacht Basin. During storm events, the 8-foot length of pipe is
to be elevated to stop the Lake's connection with the tidal flow from the
Yacht Basin.
In addition, the applicant proposes to dredge approximately one foot of
material from the entire Lake basin as a means of increasing its storm water
holding capacity. The entire amount of excavated material (17,746 cubic
yards) is to be disposed of at the Carolina Beach Public Work facility located
on Dow Road in Carolina Beach.
Finally, the applicant proposes installing a 15,000 gallon per minute
electric pump at the southeastern end of the Lake near 2nd Street, for the
purpose of discharging brackish water into an open ditch running south from
the'Lake, down 2nd Street, turning west down Greenville Avenue into Henniger
Ditch, which leads into the Cape Fear River. This pump will be backed up by a
diesel generator. Because of the elevation from 4th. Street to 6th Street,
another pump will be located near the corner of 4th Street and Greenville
Avenue to pump water over the rise into Henniger Ditch. No improvements to
ditches are proposed.
Approximately one year ago, the applicant received DA authorization to
construct an earthen dam in the canal located at the northeastern end of the
Lake, in addition to excavating material from the fringe of the Lake. All
work was completed in accordance with the conditions of the permit except for
armoring both dam faces with geo-textile fabric and rip-rap. The applicant
has stated that the initial project worked so well that this modification is
now being requested.

The Lake is connected via indirect storm drains (two 36-inch pipes)
approximately 0.5 mile to the Yacht Basin. There are measurable tidal
fluctuations within the Lake, although most of the water results from the
retention of storm water runoff from adjacent property.
The National Marine Fisheries Service has identified species which
utilize the Lake as habitat including; Atlantic croaker (Micronoaonias
undulatus), spot (Leiostomus xanthurus), flounders (Paralichthvs spp),
Atlantic menhaden (Brevoortia tyrannus), bay anchovy (Opisthonema oglinum),
striped mullet (Muciil cephalus), and killifish (Fundulus heteroclitus). The
applicant states, and a representative of the Corps has observed, that blue
crabs (Callinectes sagidus) also exist in the Lake.
Marsh vegetation present within the Lake is dominated by cattails (Tygha
spp) and bulrushes (Scirnus spp). The purpose of the work is to increase
flood protection of this area of Carolina Beach by; (1) eliminating incoming
tidal water from the Yacht Basin during potential storm events, (2) dredging
Carolina Beach Lake to retain more storm water run-off, and (3) install a new
pump as a means of removing impounded water from the Lake quickly. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. 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 Ncrth Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the NCDCM.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates. -
d. 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,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested DA authorization will be denied if any required State or
local authorization and/or certification is denied. No DA 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.
2

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, 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
3
r
i
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 DA permit will not be made
until the NCDWQ issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDWQ considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DA permit
serves as application to the NCDWQ 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 NCDWQ plans to take final action in the issuance of the Clean Water
Act certification on or after April 24, 1997.
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 Water Quality, 4401 Reedy Creek Road, Raleigh, North
Carolina 27687, on or before April 14, 1997, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Jeff Richter, until 4:15 p.m.,
March 27, 1997, or telephone [phone].
4

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State of North Carolina IqT4
Department of Environment, YI.V;WA
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary [D E H F1
A. Preston Howard, Jr., P.E., Director
December 8, 1997
Town of Carolina Beach
1121 Lake Park Blvd.
Carolina Beach, NC 28428
Dear Sir:
WQC Project #960201, COE Project #199704166
New Hanover County
On February 27, 1997, you requested a 401 Water Quality Certification from the
Division of Water Quality for your project (lake dredging) located near Carolina Beach in
New Hanover County. We wrote to you on March 24, 1997 discussing concerns that we
have regarding the design of the project and placing it on hold until those concerns are
addressed. We are also considering the need for an environmental document. Please
contact Ms. Michelle Suverkrubbe at 919-733-5083 ext. 567 to determine the
environmental document needs. As of today, we have not received a response to our
earlier letter. Unless we receive a written response from you by December 19, 1997, we
will consider that you have withdrawn this application and are not interested in pursuing the
project at this time.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matter.
S
CIL,
R. Dorney
r Quality C rd ation Program
cc: Wilmington DWQ Regional Office
Wilmington District Corps of Engineers
Iles
4 _ ak A
960201.clr
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
The Town of Carolina Beach
1121 Lake Park Blvd.
Carolina Beach, NC 28428
WQC #960201
New Hanover County
COE #199704166
Dear Sirs:
C) EHNF?
March 24, 1997
The Division of Water Quality has reviewed your plans to dredge material at Carolina
Beach Lake in New Hanover County. According to a letter sent from the Dept. of the Army
dated 19 March 1997 (attached), you access to the proposed upland diked disposal basin is
uncertain. Therefore, we are moving toward denial of your 401 Certification as required -by
15A NCAC 2H.0507(e). Until we receive additional information, we are requesting (by copy
of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that your project can be
constructed as planned and that the upland disposal site is available for your project. Any
documentation such as maps and narrative that you can supply to address this issue for your
project may be helpful in our review of your 401 Certification. Please respond within two
weeks of the date of this letter by sending a copy of this information to me and one copy to Mr.
Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive Ext., Wilmington, NC
28405-3845. If we do not hear from you in two weeks, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn. I can be reached at
919-733-1786 if you have any questions.
cc: Jim Richter; Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Sincerely,
n P, Do y,
ter Quality CerIii on Program
970201.nty
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone]- FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 4, 1997
IN REPLY REFER TO
Regulatory Branch
I
Action ID No. 199704166, Water Quality Certification No" 90201
lina
Town of "Caro Beach
oulevard
Carolina Beach, North Carolina 28428
Dear Sirs:
On January 21, 1997, you applied for Department of the Army (DA)
authorization to dredge a one foot depth of material from the entire lake bed,
install a 36 inch diameter 6 foot length of PVC pipe in the earthen dam
located near the intersection of Atlanta Avenue and South Lake Park Boulevard,
and install to remove water from Carolina Beach Lake, in Carolina
Beach, ew Hanover C nty, North Carolina.
After review of your proposal, the North Carolina Wildlife Resources
Commission and the North Carolina Department of Environment, Health, and
Natural Resources recommended conditions to the permit which would minimize
environmental impacts anticipated as a result of the proposed dredging. A
copy of these recommendations, dated March 21, and May 20, 1997, respectively,
are enclosed. In addition, the Department of the Army Military Ocean Terminal
at Sunny Point (MOTSU) submitted comments concerning the disposal of dredge
material on MOTSU property. Your response to MOTSU, dated May 30, 1997,
requested that your application be placed on administrative hold until all
concerns expressed by MOTSU can be addressed.
Our administrative process provides you the opportunity to address
conditions and concerns expressed in these comment letters. If you wish to
have the application put on hold, or retired, by this office until such time
as you have addressed MOTSU's concerns, please advise us in writing. Retiring
your file stops our administrative time clock. We will reopen your file, at
the same point in our review process as it was retired, upon written
verification that all issues are satisfied. In this regard, I would
appreciate being made aware of your intentions on or before August 18, 1997.
4636.
Should you have any questions, please contact me at telephone (910) 251-
Sincerely,
Jeffrey H. Richter
Project Manger
Wilmington Field Office
Enclosures
Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jason Hauck, Chief
Public Works Division
Department of the Army
HQ, Military Ocean Terminal, Sunny Point
Southport, North Carolina 28461-5000
Mr. Bennett Wynne
North Carolina Wildlife Resources Commission
901 Laroque Avenue
Kinston, North Carolina 28501
,Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 28607
A

o s r
9 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM March 21, 1997
FROM: Bennett Wynne A/
Habitat Conservation Program
TO: Jeff Richter
Regulatory Branch, U. S. Army Corps of Engineers
John Dorney
N.C. Division of Water Quality
SUBJECT: 404 and 401 modification to install a pipe through an earthen dam and excavate
the entire bed of Carolina Beach Lake, in Carolina Beach, New Hanover County,
North Carolina. Action I.D. No. 199704166.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. A site visit was made on March 18, 1997. Our comments are
provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661 et seq.), Section 401 of the Clean Water Act (as amended), and North
Carolina General Statutes (G. S. 113-131 et seq. ).
The applicant plans to install a flexible 36 in. diameter, 25 ft. long pipe in an earthen berm
in a canal leading to Carolina Beach Lake and an electric pump on the opposing side of the lake to
help control flooding during storm events. Dredging of approximately 1 ft. of material from the
lake bottom is also proposed to increase stormwater holding capacity. The primary adverse
impact we anticipate from the project is elevated turbidity associated with dredging the lake
bottom and consequent water quality decline. Mortalities of fin and shellfish could occur if
dredging coincided with warm water temperatures and periods of high organism abundance.
Therefore, we recommend that no excavation be performed between April 1 and September 30.
Thank you for the opportunity to comment on this project. If you have questions
regarding these comments, please call me at [phone].
cc: s:\boatfish\habcon\coast\d2 (pncarbch.doc)
DEPARTMENT OF THE ARMY
MILITARY TRAFFIC MANAGEMENT COMMAND
1303d MAJOR PORT COMMAND
HO, MILITARY OCEAN TERMINAL, SUNNY POINT
SOUTHPORT, NORTH CAROLINA 28461- 5000
Public Works Division
R?cFi?F?
AMP
RCN%vt f
,i 9 MAR 1997
SUBJECT: Clean Water Act Certification, Corps of Engineers
Action ID No. 199704166, Carolina Beach Lake
Mr. John Dorney
North Carolina Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27687
Dear Mr. Dorney:
We have reviewed the Wilmington District, Corps of Engineers,
Public Notice dated February 27, 1997 on the referenced action.
The proposed dredge material disposal site at the Town's Public
Works facility is on property owned by the Federal Government and
is part of this installation. The Town of Carolina Beach
currently leases the property from the Department of the Army.
The lease specifically prohibits the disposal of waste material
of any kind on the property.
Disposal of dredge material at the proposed site will not be
permitted until the following conditions are met:
a. The terms of the lease have to be modified to reflect
disposal of this specific material.
b. The dredge material disposal area must be properly
permitted as required by federal, state, and local laws and
regulations.
C. The dredge material must be tested for contaminants
as required by federal, state, and local laws and regulations.
Any questions regarding these comments should be directed to
Mr. Richard Lockwood, 910-341-8603.
Sincerely,
G? C
ason C. Hauck
hief, Public Works Division