The URL can be used to link to this page

Home My WebLink About19900159 Ver 1_COMPLETE FILE_19900101. SrATF e , State of North Carolina Department of Environment, Health, and Natural Resources _ Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor William W. Cobey, Jr., Secretary April 27, 1990 Mr. Robby Midgett General Delivery Stumpy Point, N. C. 27978 Dear Mr. Midgett: Subject: Certification Pursuant Clean Water Act, Proposed Access Roadway Robby Midgett Stumpy Point Bay Dare County George T. Everett, Ph.D. Director to Section 401 of the Federal Attached hereto are two (2) copies of Certification No. 2460 issued to Mr. Robby Midgett dated April 27, 1990. If we can be of further assistance, do not hesitate to contact us. Sincerely, George T. Everett Director Attachments cc: Wi - mington District Corps of Engineers W shington Regional Office r. William Mills Mr. John Parker Pollu"n Prew -radon Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA Dare County CERTIFICATION 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 Mr. Robby Midgett pursuant to an application filed on the 15th day of March, 1990 to construct an access road to highground property off S.R. 1100. The Application provides.adequate assurance that the discharge of fill material into the wetlands adjacent to Stumpy Point Bay in conjunction with the proposed roadway construction in Dare 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 25 NTU's or less are not considered significant). 2. That the culvert shall be no smaller than 12 inches in diameter. 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 27th day of April, 1990. DIVISION OF ENVIRONMENTAL MANAGEMENT George T. Everett, Director WQC#( 2460 M I'' / ?p?ODF/ CAMA/ 4 01 REV PROJ # : D d T `t' PROJECT: 1n 4W i 2 COUNTY : Coo REGION: I ASSIGNED TO: DEBORAH SAWYER JOINT NOTICE:^/ TYPE CERTIFICATION 404 PN 4 01 REQ : CAMA ON Y: GC: DF/CAMA SWPRE RECEIVING STREAM: COMMENTS: ?J RECOMM DATES ISSUE• k RECEIVED: ? 3'22- DENY: INITIAL REPORT:?I"3 HOLD: FINAL REPORT:QooV1 CLASS: S A BASIN: 74S Ile N C9 JV q Copies: WaRO - Central - e - DCM Washington Elizabeth City Morehead City John Parker, Raleigh Central r• a? DEPARTMENT OF THE ARMY Cn Wilmington District, Corps of Engineers c` Post Office Box 1890 Wilmington, North Carolina 28402-1890 ?LL?'L CESAW-C090-N-028-0213 March 15, 1990 PUBLIC NOTICE MR. ROBBY MIDGETT, General Delivery, Stumpy Point, North Carolina 27978, has applied for a Department of the Army permit TO DISCHARGE FILL MATERIAL INTO WETLANDS ADJACENT STUMPY POINT BAY TO CONSTRUCT AN ACCESS ROAD TO UPLAND PROPERTY OFF S.R. 1100, STUMPY POINT, DARE 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 discharge of approximately 172 cubic yards of sand fill over an approximate 166-foot-long by 14-foot-wide by 2-foot-high Phragmites australis wetland to construct a culverted access road to upland property. The fill footprint would be contained within an area that was historically filled as an access, but is still jurisdictional, due to settling of the original material. The purpose of the work is to access upland property. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archaeological, 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. '4 ,1? . -2- 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, 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. The Corps o£ Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army 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 serves as application to the DEM for certification. -3- 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 April 6, 1990. 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 April 2, 1990, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Ralph W. Thompson, until 4:15 p.m., April 16, 1990, or telephone (919) 975-3694 t AR 09 '90 13: 6 ?v ray pr c':L&.y N 4t 7- 2=1 jF)CJSTIAIG °Wffr" -rYplcA L -g-sa TION STUMPY FvlN'r M&.Y,' ° .tee .L1Nf:: P?'r D4?•tlr??aS 4 Z13 MR H&AOLO WISF- a?Itsr?al, caE?,IVeQ y ?I ??? CN?NCUTE???u? V?. Mtn jAhMES MEI'k14% dP-NER&X QIEUweP.Y STUMPY POSMr NC ExISTING 1Vt3tZ?Y(CID .' °°W??" {7R+1°) q 0 ?LJ4? ?.?G ° i. lp PRoPosEa O twewAY ?.llOo GAS w f Go?}a?'N?ozg ??z?3 sr-???r ? of t 7r,asr??_ Or-tlv?v?iaei _ Y _ Mrt.RaoaY ..M!pG?X7" ....? SruN?P ? r N. C.