Loading...
HomeMy WebLinkAbout19910229 Ver 1_COMPLETE FILE_19910202 State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director Mr. Preston Howard NC DEH&NR Div.-Environmental Management 121.Cardinal Drive. Wilmington, NC 28405 08/16/91 AUG 99 i; REFERENCE: ACTID-91-2872 Applicant/Sponsor: Landfall Associates Sod Shoreline - Ponds on Tributaries to AIWW, F OFFICE OF COASTAL MANAGEMEN" WILMINGTON REGIONAL OFFKW Pembroke Jones Park Dear Mr. Howard: The attached U.S. Army Corps of Engineers Public Notice, dated 08/08/91 describing a federal project or permit is being circulated to interested State agencies for comments concerning the proposal's consistency with the North Carolina Coastal Management Program. Please indicate your viewpoint on the proposal and return this form to me before 09/06/91. 7 Si4,6'rely, Step en B. Benton Consistency Coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. This office o?rts?'the project proposal. No Comment. i Signed v Date Agency W U? P.O. Box 27687, Raleigh, North Carolina 27611-7687 TelephQpe 919-733-2293 An Equal Opportunity Arhrmative Action Employer SEArt W°"n w.. State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Keith Cooper Landfall Associates P.O. Box 5368 Wilmington, N.C. 28403 September 6, 1991 George T. Everett, Ph.D. Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Pond shoreline stabilization Project # 199102872 New Hanover County yx Attached hereto is a copy of Certifica on No.-2,629 issued to Landfall Associates dated September 6, 1991. If we can be of further assistance, do not hesitate to contact us. Sincerely, 6,0 Lj'-)Zr)JY eo ge T. Everett Attachments CC: Wilmington District Corps of Engineers Corps of Engineers Wilmington Regional Office Wilmington DEM Regional Office Mr. John Dorney Mr. John Parker Central Files Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251.6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/761-2351 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA New Hanover 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 Landfall Associates pursuant to an application filed on the 8th day of August, 1991 to stabilize the shorelines of three unna,ed ponds along three fariways at the Pembroke Jones facility in Wilmington, N.C. The Application provides adequate assurance that the dis- charge of fill material into the waters of unnamed ponds tributary to the AIWW in conjunction with the proposed pond stabilization in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelincs.'Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 30317 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). 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 6th day of September, 1991.. DIVISION OF ENVIRONMENTAL MANAGEMENT Geor a T. Everett, Di e for WQC# 2629 DIVISION OF ENVIRONMENTAL V Date: September 3, 1991 SEP 191 To : John Dorney RECLI V Planning Branch 'WANK QUAUTY From: James H. Gregson v6wfwq c'E{. Wilmington Re Tonal Office ??? Through: Dave Adkins Wilmington gional office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 9108-M .COE Action ID. 199102872 Landfall Associates New Hanover County PROJECT DESCRIPTION: The applicant proposes to place sod for shoreline stabilization along the shoreline of unnamed man-made ponds on three.fairways. The ponds are tributary to the AIWW. ADJACENT WATER BODY: Unnamed man-made ponds tributary to the AIWW CLASSIFICATION: C The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will require a 401 Water Quality Certification. 2. The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction area to exceed 50 NTU. This office has no objection to the project as proposed. JHG:9108-M.AUG cc: Wilmington Regional Office Files Central Files DCM-Steve Benton .p DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 / Action ID. 199.102872 Au ?'?f?. 9ust 8, 1991 PUBLIC NOTICE LANDFALL ASSOCIATES, Post Office Box 5368, Wilmington, North Carolina 28403 has applied for a Department of the Army (DA) permit TO SOD THE SHORELINES OF UNNAMED MANMADE PONDS ALONG THREE FAIRWAYS, ON TRIBUTARIES TO THE AIWW, IN THE PEMBROKE JONES PARK AT LANDFALL DEVELOPMENT IN WILMINGTON, 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 that the total amount of wetlands to be impacted is 5,110 square feet, or about 0.12 acre (approximately 1960 linear feet). The width of the sodding is about 2-3 feet, enough to stabilize the shoreline along the currently eroding areas. 475 linear feet of shoreline are to be stabilized on Fairway 9, 1,050 linear feet on Fairway 16, and 435 linear feet along Fairway 18. The existing shorelines have golf course grass almost to the pond level. On eroded slopes, various species of hydrophytes are present, primarily as invader-type growth. The purpose of the work is to stabilize currently eroding slopes. 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 North Carolina Division of Environmental Management (DEM). 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 and the North Carolina Council of State. A -3- environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines." Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment 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 DA permit will not be made until the 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 DEM plans to take final action in the issuance of the Clean Water Act certification on or after September 3, 1991. 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 August 26, 1991, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., September 5, 1991, or telephone (919) 251-4636. {A -3- environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not.comply with the Environmental Protection Agencies' 404(b)(1) guidelines." Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The.Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment 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 DA permit will not be made until the 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 DEM plans to take final action in the issuance of the Clean Water Act certification on or after September 3, 1991. 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 August 26, 1991, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., September 5, 1991, or telephone (919) 251-4636. Ilk ExIS1'rtJ c?- ParJ?S 1 ? 501 -?v b? (B-x IS-(t nl`. Poo Ds ,?TTA e? M EST 2 xp,I?A TO gF DD5D : Z1005F U PL4-, Ps C [0 50 L F o 1?7o-NI ?) Mali 2 Fi ELP _ o.-E, L to ? D ?Ja. ?L Ntl 10501- or- UPlAODS '(b 6E SODD? Ito 2'f F4 P?I?g?okE ?o,J?s 5-P-k ok ?a I ?t=P? LL ra- I zw??r .?la. 16 TdL,-' 3, IC19 J 5c't, LF: 1 '' =100' t go" State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director Mr. Preston Howarl NC DEH&NR Div. Environmenta 127 Cardinal Driv Wilmington, NC 2 16/91 co ?+ ' At 0 n a lm REFERENCE: ACTID-91-2872 Applicant/Sponsor: Landfall Associates. Sod Shoreline - Ponds on Tributaries to AIWW, Pembroke Jones Park Dear Mr. Howard: The attached U.S. Army Corps of Engineers Public Notice, dated 08/08/91 describing a federal project or permit is being circulated to interested State agencies for comments concerning the proposal's consistency with the North Carolina Coastal Management Program. Please indicate your viewpoint on the proposal and return this form to me before 09/06/91. Sin6?rely, / /Sstteen B. Benton Consistency Coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. t. This office st??s t1 project proposal. No Comment.. Signed Date Agency ??/V) P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 ?a--? IN REPLY REFER TO August 6, 1991 Regulatory Branch Action ID No. 199102872 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and.Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: % .'4. Enclosed is the application of Landfall Associates, for Department of the Army authorization and a State Water Quality Certification to stabilize the shorelines along three fairways, in headwaters of unnamed tributaries to the AIWW, in the Pembroke Jones Park at Landfall development, in Wilmington, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification 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 a reasonable time for State action. Therefore, if you have not acted on the request. by October 6, 1991, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 251-4636. Sincerely, G. W ne Wri t Chief, Regulatory Branch Enclosure