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
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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
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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.
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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
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At 0
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a
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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