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HomeMy WebLinkAbout19880364 Ver 1_COMPLETE FILE_19880922 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 December 12, 1988 R. Paul Wilms S. Thomas Rhodes, Secretary Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Steve Sumner Revelle Agri-Products P.O. Box 68 Murfreesboro, NC 27855 Subject: Application for Water Quality,Certification University Gardens Meherrin River Hertford County D,p Mr. - Sumner Your application for Water 'Quay ty C€rt.i cation uncr _ w. Section 401 of the Federal Clean Water Act was received F]"- our office on August 16, 1988. You have proposed excavation of the last 92 feet of a 3000-foot long canal which you have built about 5 miles north of Murfreesboro. The 2,900 foot long, 12 foot wide, and 5 foot deep canal and associated fill of 52,500 square feet of wetlands has already been completed under an agricultural exemption from the Corps of Engineers. You now propose to excavate the last 92 feet to connect the canal to the Meherrin River by blasting with dynamite. This proposal will result in approximately 1,800 square feet of additional fill to the wetlands. This connection to Meherrin River requires a U.S. Army Corps of Engineers' permit under Section 10 of the River and Harbors Act. The issuance of a Water Quality Certification is a finding by this Division that the proposed activity will not cause a violation of water quality standards or discharge guidelines. The connection of this long dead-end canal to the Meherrin River causes a great deal of concern with regard to the potential impact to water quality in Meherrin River and in the canal. The water in such a long dead-end canal is Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015. An Equal Opportunity Affirmative Action Employer t' ..:.. Mr. Steve Sumner Page Two December 12, 1988 poorly flushed and stagnant. Fish kills and low dissolved oxygen are common occurrences in such canals. Algal blooms are also likely to occur in these stagnant waters especially with the additional nutrients that are expected to be present in the runoff into this canal. In addition, the loss of these wetlands, which are waters of the State, results in the loss of existing uses of these waters. Such a loss of use is in conflict with the Antidegradation Statement of our Water Quality Standards. Because of the reasons cited above, I have concluded that the proposed project should not be certified. Your application for Water Quality Certification is hereby denied. Should you wish to somehow redesign this project in such a manner as to satisfactorily address our concerns for water quality protection, I may reconsider this denial. It is suggested that you work closely with our Washington Regional Office in any redesign of the proposed project and further details which would be needed. You have the right to a hearing on this denial of the Certification pursuant to he provisions of General Statute 150B' 2 Ary °suh?reques:tr.for hearing must be fired within 30 days following your receipt of this denial. ?s recubst must be in the form of a written petition conforming to Chapter 150B of the General-Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27604. If you have any questions concerning this matter, please contact Mr. Bill Mills at 919/733-70,15. Sincerely, R. Paul Wilms RPW/dbp cc: George Everett :/tennis Ramsey Washington Regional Office David Owens ?STA76 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 December 12, 1988 R. Paul Wilms S. Thomas Rhodes, Secretary Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Steve Sumner Revelle Agri-Products P.O. Box 68 Murfreesboro, NC 27855 Subject: Application for Water Quality Certification University Gardens Meherrin River Hertford County Dear Mr-.-"Sumner-., Your application for Water Quality Certification under Section 401 of the Federal Clean Water Act was received by our office on August 16, 1988. You have proposed excavation of the last 92 feet of a 3000-foot long canal which you have built about 5 miles north of Murfreesboro. The 2,900 foot long, 12 foot wide, and 5 foot deep canal and associated fill of 52,500 square feet of wetlands has already been completed under an agricultural exemption from the Corps of Engineers. You now propose to excavate the last 92 feet to connect the canal to the Meherrin River by blasting with dynamite. This proposal will result in approximately 1,800 square feet of additional fill to the wetlands. This connection to Meherrin River requires a U.S. Army Corps of Engineers' permit under Section 10 of the River and Harbors Act. The issuance of a Water Quality Certification is a finding by this Division that the proposed activity will not cause a violation of water quality standards or discharge guidelines. The connection of this long dead-end canal to the Meherrin River causes a great deal of concern with regard to the potential impact to water quality in Meherrin River and in the canal. The water in such a long dead-end canal is Pollution Prevention Pi vs P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Mr' ? ?' t Mr. Steve Sumner Page Two December 12, 1988 poorly flushed and stagnant. Fish kills and low dissolved oxygen are common occurrences in such canals. Algal blooms are also likely to occur in these stagnant waters especially with the additional nutrients that are expected to be present in the runoff into this canal. In addition, the loss of these wetlands, which are waters of the State, results in the loss of existing uses of these waters. Such a loss of use is in conflict with the Antidegradation Statement of our Water Quality Standards. Because of the reasons cited above, I have concluded that the proposed project should not be certified. Your application for Water Quality Certification is hereby denied. Should you wish to somehow redesign this project in such a manner as to satisfactorily address our concerns for water quality protection, I may reconsider this denial. It is suggested that you work closely with our Washington Regional office in any redesign of the proposed project and further details which would be needed. You `have°theri-ght to a hearing on this denial of the Certification pursuant to the provi"-'ions of.-General Statute 150B-23. Any such request for hearing must be filed within-, 30 days following your receipt of this denial. This request must be in the form of a written petition conforming to Chapter 150B of the General-Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27604. If you have any questions concerning this matter, please contact Mr. Bill Mills at 919/733-7015. Sincerely, ` R. Paul Wilms RPW/dbp cc: George Everett Dennis Ramsey Washington Regional Office David Owens i IECDA T.A D /Cf•"•'iMA %.t 01 Ri::.V DATE 10/13/8'8 (':4::1`:E:ON ) IN Q t FILE r . I? SWD T) F? C< r"t i'?st•G tr :?'t • ??'t:ll?iAT? : i',IiYSf=t:?iA NEXT R CD ? 00465 . RECORD HAS BEEN CHANGED. RE CORD NO 00464 F RD DATA 1='FtiCi..l O: 00464 PROJ: UNIVERSITY GARDENS COUNTY: HERTFORD REGION: 0-7 ASSIGNED TO: E, JM CAVI _? JOINT NOTICE: Y TYPE:. T..E::.E4 T.E.F• .E.C:A T !.N RECOMMEND DA s E,: r r MMDD 404 PN : 401 F:E::try : Y ISSUE::: RECEIVED: 880816 Cs^, t° A ONLY: GEC:: DENY: Y INITIAL REPORT: 8808i**? :} E:. t:: P: ..'.• WE"' I': E::. Taj : HOLD: FINAL REPORT: 881013 RECEIVING STREAM: ME::HERE .T.N RIVER CI...A°z:S: C:N :W BASIN: C:i"EO COMMENTS: SITE LOCATED OFF #.1 ;, 258, 5 MILES N. OF MURFREESBORO APPLICANT PROPOSES TO DREDGE A ;•::i:v;? 12 X 5 FT DEEP CANAL FOR IRRIGATION "yCi 00 LE-&F THE CAN AL HAS ALREADY BEEN CONSTRUCT UNDER CORPS EXEMPTION APPLICANT PROPOSES TO DYNAMITE A 92 X 12 FT PE._Ut:; PROJECT W1:l...L RESUL T IN FILL IN ADJACEN T WETLANDS AND MEHERRIN RIVER PRCi:.iE::CT W:E:i...I... RESULT IN I...ONG; DE NOT BE ABLE TO MAINTAIN D.0 RECOMMEND DENIA! COPIES: WARO_..T:;i sI'd•TR6sT_.....sMIE._E._S.. DC:ii ATi-E:::Nii C::r''tNs`,L tl:ITEI ` V E r T i t.?Cit.iE...D t £ ? S T•DS , --! OCT 19 ?988 V%hic k E?PEr• r r a ACTION ADD, ENTER DATA, REC. ADDED F'RC1..O: 00464 PROJ: UNIVERSITY GARDENS ASSIGNED TO: WJM tdd?- I': E': V IS 00463 FRD DATA COUNTY: HERTFORD JOINT NOTICE: Y DATE 0807/88 NEXT RCD ) 00465 REGION: 07' TYPE CERTIFICATION RECOMMEND DATES yr; YYMMC. 404 PN . 409 RE Q: Y ISSUE: RECEIVED: 880816 CAMA ONLY: GC: DENY: INITIAL REPORT: 880817' D /t°r•rMA • 'r SE:.(. P . 'Wh'F:I:: Q • HOLD: Y FINAL REPORT: RECEIVING STREAM: ME::HE::RRIN R:LVE::F CLASS: C NSW BASIN: C'HO COMMENTS: SITE LOCATED OFF 1.1;: 258, 5 MILES N. OF MURFREESBORO AF'F'i...:I:(:.`rENT PROPOSES TO DREDGE A 3000 X 12 X 5 FT DEEP CANAL FOR IRRIGATION 29 00 LF" OF THE T,Ai',tAL HAS AI._F4I:::ADY BEEN CONSTRUCT UNDER CORPS EXEMPTION AF'i='I...:I:t::r=NT PROPOSES TO DYNAMITE A 92 X i2 FT PLUG' PROJECT WILL RESULT IN F":I:I...L IN ADJACEN T iA1I:::'T'I...AitlDS AND MI :F•II:::RR I N RIVER ADDITIONAL COMMENTS PENDING SITE VISIT COPIES: Wr•''iF.C1....C:E: NT'F?Al.......M:I:I._I...S... DC::M REGEI\11D AIJ G 1 8 ;g$8 WASEF OFFICE OF .COASTAL MANAGEMENT 75 ° 5' W FIELD INVESTIGATION REPORT 1. Applicant's name University Gardens, submitted by Revelle Agri Products 2. Location of project site Hertford County, east side of Meherrin River,•Qftigiighw?y '258 approximately 5 miles north of Mur rees ro; no, p o . Q?'nrc'r F= 3. Investigation type: Dredge & Fill- X* X' CAMA X{{t; J rf, 14RR 4. Investigative procedure: (A) Dates of site visit 7-18-88 8-2-88 (B) Was applicant present ..Yes Yes 5. Processing procedure: Application received 8-1-88 Office Washington 6. Site description: (A) Local Land Use Plan 'Hertford County Land classification from LUP* Conservation Development constraints identified in LUP' Nutrient sensitive designation of the Meherrin River and,conseryation'land classification of the adjacent wooded swamp in the Hert ord County land-Use Plan both cxive protection of these resources priority over aeve.iopmenr. (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters Estuarine waters X Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private Commercial X Agriculture (E) Type of waste water treatment: Existing None Planned Alone (F) Type of structures: Existing: None Planned Nolte (G) Estimated annual rate of erosion < 1 ft. Souree Hertford _C6untV°h6fidl°Use??-Plan: 7. Habitat description: AREA (A) Vegetated wetlands '(completed Dredged Filled Other Blackgum, cypress under 404 + 37,700 sq.ft. + 52,200 sq.ft. exemption) Blackgum, cypress (proposed) + 1,196 sq.ft. + 1,806 sq.ft. (B) Non-vegetated wetlands: (C) Other: Estuarine waters (proposed) + 60 sq.ft. dispersed by explosion (D) Total area disturbed: + 92,962 sq.ft. 8. Project summary The applicant proposes to dredge from the Meherrin River, through 404 wooded swamp, to highground, a 3000' long by 12' wide by 5' deep irrigation canal with isolated spoil piles laced on alternating sides of the canal. 2,9.001-of the canal has been completed under a Corps of Engineers agricultural exemption with the resulting spoil piles basically continuous on both sides. A 92' section of the canal connecting to the Meherrin River remains to be completed due to the requirement for a rr?_ ,?Aa MC,}-}--A ..f `1V1-;;-,7;;f-inn i,, Axmnmi-te. Project location The project is located in Hertford County on the east side of the Meherrin River approximately 5 miles north of Murfreesboro off Highway 258. There are two distinct land classification types on the project site. Adjacent to Highway 258 and extending west toward the river is a large area of agricultural fields, and upland trees, vines, and grasses. At approximately 3000' landward of the east side of the river the property descends rapidly in elevation to an almost pure stand of blackgum, with some cypress, saturated soils, standing shallow water, and an understory of aquatic plants, (lizard tail, arrow arum etc.). These wetlands are part of a large undeveloped wooded swamp system that borders both sides of the Meherrin River in this area. These wetlands have been given a conservation classification in the Hertford County Land Use Plan. The Meherrin River at this site is classified by N.C. Fisheries Regulations as "joint waters" indicating that both commercial and inland fisheries regulations apply. Consequently, for regulatory purposes, the Division of Coastal Management would regard these waters and shoreline as estuarine. The Meherrin is also a tributary of the Chowan River and has been designated Nutrient Sensitive by the Environmental Management Commission. Water depths in the river at the point of connection of the proposed canal are 1 1/2' to 2' deep for approximately five.feet waterward of the normal water level and then drop to a + 10' channel. There are no structures existing or proposed on the project site. Project proposal The applicant proposes to dig with a backhoe a 3000' long by 12' wide by 5' deep°irriga- tion canal from the Meherrin River, through 404 wooded swamp, to highground, with iso- lated spoil piles on alternating sides of the canal for the purpose of irrigating a commercial sod growing operation on the upland agricultural fields. + 2900 linear feet of the canal has been completed under a Corps of LIngineers agricultural exemption with the resulting spoil piles basically continuous on both sides of the canal. A 92' section of the proposed canal, that would connect it to the Meherrin River, remains to be completed and the applicant proposes to complete the connection by excavating with dynamite. The connection, because it occurs in estuarine waters and shoreline AEI's, requires both a Major CAMA and Dredge and Fill permit. The total area impacted by the dredging, filling and use of explosives will be + 92,962 sq.ft. Environmental impact The project as proposed would fill an area of + 54,006 sq.ft. of mature 404 wooded swamp, primarily vegetated with blackgum, + 52,200 sq.ft. of which is already completed. In addition, an area.of + 38,956 sq.ft. of wooded swamp and estuarine shoreline and waters would be dredged, + 37,700 sq.ft. of which is completed. If the applicant is allowed to connect the 3000' long by 12' wide by 5' deep canal to the Meherrin River, it will create a linear deadend body of water of a type that has historically exhibited water circulation problems, and low dissolved oxygen levels, with resulting potential for fish kills. It is also obvious that when low water levels occur in the river the canal will more effectively drain the adjacent wetlands than would the natural system. The proposed use of dynamite to complete connection of the remaining 92' of the proposed canal to the Meherrin River would deposit spoil material both on estuarine shoreline and in estuarine waters. Joe Lassiter - Washington Office - 15 August 1988 REVELLE AGRI PRODUCTS, INC. P.O. BOX 68 508 WEST BROAD STREET MURFREESBORO. NORTH CAROLINA 9855 TELEPHONE (919) 398-3116 July 25, 1988 Division of Coastal Management Field Offices Box 1507 Carolina Avenue Washington, N.C. 27889 Attention: Joe Lassiter Dear Mr. Lassiter: I have enclosed the drawings and.information that you requested. The last 80 feet of the canal :ill be cut by explosives. The spoil will be dispersed evenly in this area. The blasting will start at a point furthest from the river and move inward. We will follow any safety precautions that you require. There will be a fence placed at the mouth of the river to keep fish & wildlife from entering the canal.` This"fence will also help prevent the.flow of sediments in and out of the canal. The dimension of the canal will be 12' wide across the top, 3' wide across the bottom, and 5' deep. These dimensions are needed for adequate flow rates, and proper maintenance of the canal. The spoil piles :cill be approximately 10' in diameter and 5' high. The piles will be. placed in an alternating pattern, 20 'apart on both sides of the canal. If there are any other questions, please contact me. Cordially, i Steve Sumner SS:ash ????5 GO ,?O ?=?"t ??•S OL1 :r?:;o • ? ?? a?oe ?. of cb et`? ,091 CPO' sl teams ,11? CV- I?S? ? G• ?aF?3.titi9 i>or ?a`eG5.1 c ?e? ?k?r ? 1 ca p e? 9 Olt ?GGS ?%orow 0?15.16? as`a??bo aoy 4 a` GG `C ??C`,on ; a?et`? ?`y ets a` ,p`o V+ ?e ??,a? CJ?5`a` oE t` o? e?C ? l°?e9,x aCA Foci` CA bye 4 `?,e ?a .I?aslNo 1p ea OIL a`e` Pcc ce eat ? a??e? e GV-21" is ?o?`? eG?,On `5<<,cc 5 P?.y 4A5 DIVISION OF COASTAL MANAGEMENT FIELD OFFICES Washington Box 1507 1424 Carolina Avenue Washington, N.C. 27889 (919) 946.648.1 Elizabeth City 108 South Water Street Elizabeth City, N.C. 27909 (919) 338.1558 Morehead City Box 769 3411 Arendell Street Morehead City, N.C. 28557 (919) 726-7021 1-800-682-2632 Wilmington 7225 Wrightsville Avenue Wilmington, N.C. 23403 (919) 256-4161 Raleigh Central Office N.C. Department of Natural Resources and Community Development 512 N. Salisbury Street Box 27687 Raleigh, N.C. 27611-7687 '(919) 733-2293 U.S. Army Corps of Engineers Wilmington District Box 1890 Wilmington, N.C. 28402 (919) 343-4639 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater'control. If the requested *information is not relevant to your project, write N/A (not ap- plicable). Items 1.4 and 8-9 must be completed for .all projects. :r1=w,A I'PLICA.NT -L`' n r a. Name Reu i Sri -P_ndttirts Address p n_ Rnv FQ City Mnrfreeshnrn State me- Zip2uRsS IDayphone (61Q)3Q?3-311 r, Landowner or x Authorized agent b. Project name (if any) m./A c. If the applicant is not the landowner, also give the owner's name and address. Un,ivcRS?+Y r,arag,ns 13Q0 Town Point rpntpr Norfolk. ya 23510 2.. LOCATION OF PROPOSED PROJECT ' a. Street address or secondary road number Hi2hwav Z;g b. City, town, community, or landmark Murfreesboro, NC c. County Hpr`fnrd d. Is proposed work within city limits or planning jurisdiction? nn e. Name of body of water nearest project Mphprrin River :3 "DESCRIPTION AND PLANNED, _.USE_OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Dig a canal from Meherrin River to field. (As shown on map). If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? new work c. Will the project be for community, private, or commercial use? Private d. Describe the planned use of the project. , The canal is to ha „e AA for A of wa1'Pr fnr i rri nn1-inn of Fel??? ATER L°A L v y 4 -ND :-AND" W .1:4* ` CHARACT'ERIS'TICS `=' ~ ¢ ;: a. Size of entire tract 392 aC re14 b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 10 d. Soil type(s) and texture(s) of tract Dorovan e. Vegetation on tract ry reC4, R1nr-kgUm f. Man-made features now on tract no, g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community X Rural Other h. How is the tract zoned by local government? RA-20 i. How are adjacent waters classified? cNsw j. Has a professional archaeological survey been carried _ out .for the tract?, no If so, by whom? 5 UPLAND DEVELOPMER Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed n/a b. Number of lots or parcels n/a c. Density (Give the number of residential units and the units per acre.) n /a d. Size of area to be graded or disturbed_ nTa_ e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. n/a g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from WOO cubic yard: water level in cubic yards lo b asphalt, or concrete, to be used for paved . c . w e argan i c so, 1 Type of material surfaces. n /a . d. - Does the area to be excavated include marsh- h. If applicable, has a stormwater management f E land, swamps, or other wetlands? 3,0 round excavation, in cubic yards n/a h Hi n- plan been submitted to the Division.o e. f g g Dimensions of spoil disposal area _.L4' d;A• vironmental Management? n/a Describe proposed sewage disposal and/or waste i . g. Location of spoil disposal areabesid _ Canal ' f . water treatment facilities. n/P - h. A-P.*c P,)g &R?e AMOY XO Do you claim title to the disposal area? yes Have these facilities received state or local j if not, attach a letter granting permission from ' approval? n/a Describe existing treatment facilities. k i. the owner. Will a disposal area be available for future . n/a maintenance?/ yes if so, where? beside canal j. Does the disposal area include any marshland, 1. Describe location and type of discharges to k swamoland,'or water areas? ye-s,. S!Ua=? A4 fill material be placed below mean h Will waters of the state (for examplev surface runoff, . e t n/a sanitary wastewater, industrial/commercial " 1 high water? /a Amount of fill in cubic yards n ). n/a effluent, or "wash down . m. Type of fill material n/a n. Source of fill material n/a Water supply source Meherri n Ri «Ar m o. Will fill manual be placed on marsh or other . n. If the project is oceanfront development, wetlands7 Dimensions of the wetland to be filled n /a describe the steps that will be taken to main- p. How will excavated or fill material be kept on tain established public beach accessways or pro- q. The excavated site and erosion controlled. vide. new access. n/a materials will be put in a1ternaticnn -piles roject is on the oceanfront, what will If the o r. What type of construction equipment will be p . bove mean sea level of the i l h b used (for example, dragline, backhoe, or on a evat e e e t first habitable floor? n/a hydraulic dredge)?Eackhoe - 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill -C Length Width Depth 3000' Top S? Will wetlands be crossed in transporting equip- ment to the project site? Yes If yes, explain the steps that will be taken to lessen en- vironmental impacts. mats will be used to mov the equipment in and out. nf. h--, - ject.si 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap n/a b. Average distance waterward of mean high water or normal water level n/a c. Shoreline erosion during preceding 12 months, in feet n/a d. Type of bulkhead material n/a e. Amount of fill, in cubic yards, to be placed below mean high water n/a f. Type of fill material n/a ,ADDI'ITONA,VINF_O .TrON. In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's iise of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonne-1-unfami iar with the ;area to t-, site Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may.have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name Billy MoQLi~na Address 130 W Main street murfree5boro Nc 27855 Name Address Name 11ni nn r Amp rnrnnT rni-i nn Address Bf- -i Rnx 44 AhnakiP, Nr 279in A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION .AND 'PERMIS- SION TO ENTER ON LA.ND"?=?':` °-? Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that t6 -the best of my knnwledg the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the 7 th day of au l y 19 88 Y ` Landowner or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. `.J ? ?" .. .G4 -?br?dzv n oes eatac?u.:vrn,// •• .. ? - • \ _ -71 :7 A 1309 .7 <• ' •ct'?o::? -: y` ._-- _ 1 1310 '. ? .a?? 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"i? 1 °•I• `I?• ' ,1 fj, •j., \ !.C`ar'. i?? ; \- 1 M I ,• _ if -_ •1 11 ?;,- ?. j?1211?0)7 •. ? ? ???. '?1'1t1 ``„ ?? -F==?, ? !i •, i' •1f. 61 ' \ \v_^'v`` ? \ :,y,- w-?..?. ;•.574`-: +M? . 00 ?? - '"'_"` je-l???e?r-S4`? 1_+???-'?. ?/1) -+*'-:ice. "?_ -?.. •,._-\`• ?.?...? = ? 1310-•. -Barre ts ???-'''•-, - \ ` v;, •..:.' ?+ ll,? Cep u;G Sandpit ?^ a `` : ' ?? ?' \ •. H 1 It Cem. --+ ?? Sandpit 19 14 .` U =- .?, . ¦ .. -??. ..tom a a - • I ..-LAS ?D.7 ? 1U_ YL1 ¦ pr j r. ? I . ? ... ) / long. 7i l? ' . •` Toio o? -_? ss s ?„r? In :rl .?I -i-N r, •, Ir • :,,• ????? ,?(pi l• .• ? <,+t• :y: .?c• , rya li 3??e ?i /Cem - iu, 303 i \ (r ; -? vu? ur rsboi;o Pip L` t ?c XK Rirer?letu'?.'• +f' ?= `? tt O Cl?r`? N tr. n y C1w«•api 1 All, 1` r ?? II EAR ??-I ft P87 ii, (rte J• `? // - 1 ,; .\' ? a?~• J<?'°;'s"y ?? /-' yj ? o ,% Br¢.9tC t ? ^ ? // `_:.--.:?.??-'i ? ,'/15E ? '? • 1 ..... ...?+ Sc_B?rna?? Jut +'. z,.T' _ x '? ?C3'.•? _ y I x ' wo e se F r. 0 T N 3 s a I -? . o i ?, C ,s Cr O C? C Z rb ? ? rY L-P I I N Z D t1p 3 n < I I I t e 7D 1 D Z o 4 H T n- ly `^. -f- `a 6 Q <n R fY I 6}h U >> p C_ ° r cD ? y 7 tr r? h = CKJ ? rl I rJ ? G_ y_ N G Z m -C) r ? rn G n- c H I? C c? o- z G X P- ro jb U i? c - ?N -f i oa A F ? • G ?? y x 0 f M t !? V T a X ?J C .? r 4?i -i> ?J ? d 67 , Q a Q i 9 Qr Q I rb z n 0 J i ?j 1.? n ZJ C i? ?i Q Q v w 4 A 4 O A v - ® a 0 d 6 -t +D v W ?3 1 O ? ? al T ? X ?1 g ? o a dt C?i a v t v ? o 0 41 A Q i7 0 O VA !es i n hey Q O a ,a !!i e O i) DIVISION OF.ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments-concernYng an a Jpplication,for State Federal CAMA Permit(s) from -C I ? r? ?%r a r /r? t ti?'..?its:' L/?{, '! ?•Ir?.?i?? < '?- ? "/??' 7l%. r-- /" %/ ,r? r A. PERMIT: This office cannot Comment on this project until after the close of the Section 01 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by morn than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That. turbid-1ty?- levels ' n hall' not be increased by more than 10 NTU's as a esult of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. !.Certification is required for this project. -Such action to process the certification has been initiated. Proposed Certification will be acted go or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, 1977, for sewer line construction B) No. 1272 issued on November 10, 1978, for bulkhead' construction. C) No. 1273 issued on November 10, 1978, for discharges of liquid effluent from diked upland disposal areas. D) No. 1431 issued on October 16, 1980, for boat ramp construction. E) No. 1664 issued on September 8, 1983, for Rip-Rap Placement. F) No. 1665 issued on September 19, 1983, for incidental bridge construction. r WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT RECEIVED NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT A U G 1 9 1988 PERMIT AND WATER QUALITY CERTIFICATION WATER Q" A!_?T" 'ECTIC-T1 OPEW1 n"' , : The Department of Natural Resources and Community Development hereby gives public notice as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that University Gardens of Norfolk, Virginia. filed an application on 1 August 1988 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application the applicant proposes to dig a 3000' 12M by 12' wide by 5' deep irrigation canal from the Meherrin River through wooded swamp to highground with isolated spoil piles on alternating sides of the canal. A 92' section of canal that would connect to the Meherrin River is proposed to be excavated by dynamite. The site is located in Hertford County. A copy of the entire application and additional information may be ermined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the'Division` of Coastal 'Man40r6&t, 1424 Carblin'a,AVenue; Washington, N.C., and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington, N.C. The Division of Environmental Management proposes to take final action on this water quality certification on or before 22 September 1988 The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Mr. David Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 7 September 1988 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 7 September 1988 for consideration in the water quality certification decision. Later comments on the CAMA applica- tion will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 24 August 1988 in THE HERALD DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS . P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 IN REPLY REFER TO October 4, 1988 Regulatory Branch SUBJECT: File No. SAWC088-N-046-0444 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Revelle Agri-Products, represented by Mr. Steve Sumner, for a Department of the Army permit to excavate a 3,000-foot-long irrigation canal through wetlands adjacent the Meherrin River, near Murfreesboro, Hertford County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letters of September 20, and 22, 1988 (copies enclosed), the National Marine Fisheries Service (NMFS), the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (USFWS) recommended that authorization be denied. The agencies base this recommendation on the projected direct loss of approximately 2.1 acres of wooded swamp wetlands with associated adverse impacts on fish and wildlife and the probable degradation of water quality. We agree with the conclusions of the Federal review agencies. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosures -2- Copies Furnished (without enclosures): 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 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Robert F. McGhee, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 29, 1988 SUBJECT: File No. SAWC088-N-046-0444 Mr. Steve Sumner Revelle Agri--Products Post Office Box 68 Murfreesboro, North Carolina 27855 Dear Mr. Sumner: On February 6, 1986, we renewed general permit No. SAWC080-N-000-0291 _(copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received July 18, 1988, for Department of the.Army authorization to construct a 3,000-foot canal through wetlands to the Meherrin River, near Murfreesboro, Hertford County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your,application will be accomplished.by.the.North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the Stater If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Please note that our letter of June 30, 1988, incorrectly stated that a Department of the Army permit would not be required for the installation of pipeline intake positioned at the river's edge, supported by a structure. Such a design would require Department of the Army authorization, because it would constitute installation of a structure in or affecting navigable waters. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned No. SAWC088-N-046-0444 and will be coordinated by Ms. Alison Arnold. She is available at telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure 4f - Copies Furnished (without enclosure): Mr. John Parker Division of Coastal. Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 -2- Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service 5'Sf Pylon l5r' 've Raleigh, North Carolina 27611 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Robert F. McGhee, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889 I