19940597 Ver 1_COMPLETE FILE_19940628

FROM 09,01,1994 15:59
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WADE MOORE EQUIPMENT COMPANY, INC.
P.O. Box 546
Louisburg, North Carolina 27549
[phone] Fax [phone]
August 25, 1994
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Mrs. Jean Manuele
6512 Falls of Meuse Rd-
Suite 105
Raleigh, N- C. 27615
Re= Action TD No. 199401550
Sherrod Sand Dipping
Dear Mrs- Manuele:
N0, 6 P. 3
The information which I submitted to you on the above
mining site needs to be modified- The excavation area was
originally 100 feet wide by 1000 feet long- This area is
reduced to 60 feet wide by 500 feet long- The stockpile area
was originally 75 feet wide by 1000 feet long- This area is
reduced to 75 feet by 500 feet long-
Making these changes are necessary because the
reclamation bond rules required by the state were amended
January 1, 1994- The new bond is calculated on actual mine
area used. our bond was so high that we had to considerably
reduce the areas that we mine-
If more information is needed, please advise-
Sincerely,
Betty Jo Redmond
Secretary-- Treasurer
BJR/tfe
cc: Mr- Tony L- Samplo
Assistant Mining Specialist
Land Quality Section
P. O. Box 276x7
Raleigh, N- C- 27611
QUALITY SAND, AT A QUALITY PRICE!
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State of North Carolina
Department of Environment,
Health and Natural Resources
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
September 22, 1994
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
VK-WA
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In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID. No. 199401550 dated June 21,
1994 which describes a project proposal by Wade Moore Equipment Company of Louisburg.
The project, involving instream sand mining, is located on the Tar River below the SR1003
bridge, near Louisbury, in Franklin County.
During the course of the review, two of the four key agencies responding to the Notice
expressed concern over impacts to acquatic resources. These comments and the agency
submitting each follow:
Division of Parks & Recreation, Natural Herita e Program - objects to the continued
mining unless the applicant can show that the threatened acquatic species in the project
area will not be already impacted (see attached 7/20/94 memorandum).
Wildlife Resources Commission - observed that previous work by the Moore Company
had been carried out with reasonably good management practices. However, the Commission
expresses concern over the dragline method of sand removal due to increased turbidity as
compared to a hydraulic dredge operation. The Commission, therefore, recommends:
1) The applicant should use a hydraulic dredge for mining the sand. Dredge
operations have less associated sedimentation, erosion and turbidity problems.
2) If the decision is made to permit the applicant for a dragline operation, then we
recommend that no mining occur between April 1, and July 31 of any year to
prevent disruption of fish spawning activities.
P. O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50%recyclod/10%post-consumer paper
Wk
Dr. G. Wayne Wright
Page 2
September 22, 1994
Division of Environmental Management - issued the required Section 401 Water
Quality Certification on August 11, 1994. Certification No. 2904 provides important
environmental safeguards and reminds applicant of need for NPDES General Permit from
that agency;
Division of Land Resources - states that the subject project is a permitted mine site
under that agency's program. Permit No. 35-7 was recently renewed and such permit
contains provisions to prevent bank undercutting and protection of the river by a
stabilized berm.
Should you require additional input from the state on this matter, do not hesitate to
contact this office of the responding agencies.
Very sincerely,
4hn Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Corps of Engineers-Raleigh
Division of Environmental Management
Division of Land Resources
Parks & Recreation
Wildlife Resources Commission
Enclosure
/.. __=3
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 11, 1994
Wade Moore Equipment Company
P.O. Box 546
Louisburg, N.C. 27549
Dear Sirs:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand mining operation, near Louisburg
Project # 94597, COE # 199401550
Franklin County
FILE COPY
Attached hereto is a copy of Certification No. 2904 issued to Wade Moore Equipment
Company dated 10 August, 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
-'bl( ?
eston How , Jr. P.E.
0irector
Attachments
wgc2904
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
dft
?EHNR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

NORTH CAROLINA
Franklin 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 Wake Moore Equipment
Company resulting in 2.29 acres of wetland impact in Franklin County pursuant to an application filed
on the 21st day of June of 1994 to mine sand from the Tar River, southwest of Louisburg.
The Application provides adequate assurance that the discharge of fill material into the waters
of Tar River in conjunction with the proposed development in Franklin 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:
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. Applicant is reminded that a NPDES General Permit will be required for this
project.
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 or Costal Area Management Act Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. Unless
such demands arc made, this Certification shall be final and binding.
This the 11th day of August, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Octoe ton Ho ward, Jr E.
r
WQC# 2904

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter; Dlrector
MEMORANDUM
June 28, 1994
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
p NA2.V
- 71994,
WATER D,li;,l-i' `., ...
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401550 dated
June 23, 1994 describing a proposed project by Wade Moore Equipment Co. is being
circulated to interested state agencies for comments on applicable Section 404 and/or Section 10
permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 22 1994. If you have any questions regarding the proposed project, please
contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
6k6to- lQt =R--
REPLY This office s"ppmTs the proposal.
No comment.
Comments on this project are attached.
JThis office objects to the project as proposed.
Signed X-- (Duf Date e a
offt
?EHNR
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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PERMIT YR.: 94 P.F,TMIT NO: 0000597 COUNTY: FI:ANKJ,IN
APPL I CANT NAME : WADE MOO RE P"O I PMENT R 143
PROJECT TYPE : SAND MINING PRRMI`T' TYPE : I ND
COE 199401550 L!C!rI' #
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1 State of North Carolina 'T 1
Department of Environment,
Health and Natural Resources / • •
Division of Coastal Managemer
mwk
James B. Hunt, Jr., Governor ED F=
Jonathan B. Howes, Secretory
H N
Roger N. Schecter, Director
.) une 28, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P,171., Director
Division of Environment2J 1.1anagement
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
The attached U. S. Army Corps of Enginec,rs Public Notice for Action No. 199401550 dated
June 23, 1994 describing a proposed project by Wade Moore Equipment Co. is being
circulated to interested state agencies for comments on applicable Section 404 and/or Section 10
permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 22 1994. If you have any questions regarding the proposed project, please
contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal.
No comment.
Signed
Comments on this project are attached.
This office objects to the project as proposed.
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Fqual Opportunity Affirmotivo Action EmPloyor 5(1`)', rocyclod/ 10'X, post-c, onsumor papor
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199401550 June 21, 1994
PUBLIC NOTICE
WADE MOORE EQUIPMENT COMPANY, Post Office Box 546, Louisburg, North
Carolina 27549 has applied for a Department of the Army (DA) permit TO
EXCAVATE SAND BY DRAGLINE FROM THE TAR RIVER, TO BE USED IN THE PRODUCTION OF
MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED SOUTHWEST OF LOUISBURG, in
Franklin County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that
approximately 6,000 cubic yards have been dipped annually from the Tar River
at the Sherrod Sand Dipping Operation from 1980 to the present. The site is
located on property leased from Ms. Sally W. Sherrod. The sand dipping
operation will impact 100,00 square feet (2.29 acres) of river bottom. The
sand is removed from the river by a dragline to a depth of 12-15 feet deep
below the river bottom. The area of excavation is 100 feet wide by 1,000 feet
long. Excavated material is then temporarily stockpiled on the adjacent high
ground ridge and is later removed by dump trucks to the processing plant. No
excavation of within the river is done between April 1 and July 31 of nay year
to prevent disruption of fish spawning.
The site consists of a typical piedmont riverine system, characterized by
the river channel confined within adjacent upland ridges. This high ground
eventually grades into wetlands farther away from the river. The average
depth of the water where the excavation is proposed averages 1 foot or less.
Sand bars are located in the area where the material is excavated with the
river meandering through them in a braided manner.
Excavated material is temporarily stored within a cleared area (about 75-
110 feet wide) along the high ground ridge. The area between the river and
the access road is about 25 feet wide and is vegetated with sycamore, elm
saplings, goldenrod, ragweed, pokeberry, blackberry, wisteria and wild grape.
the wooded area south of the access road and cleared area is vegetated by
sycamore, red maple, elm, willow, tulip poplar, poison ivy, lizard's tail,
honeysuckle, smartweed, soft needle rush, and various species of sedges. The
Franklin County Soil Survey characterizes the soils in this area to be a
Wehadkee-Roanoke Association which are nearly level, poorly drained soils on
first bottoms and low terraces subject to overflow. This association also
consists of Chewacla, Congaree, Augusta, and Altavista soils.
-2-
The purpose of the work is to obtain sand for use in the production of
mortar and concrete sand for commercial use. 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 (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500. The North Carolina Department of
Environment, Health and Natural Resources, Land Quality Section has authorized
the mining work (Identification Number 35-07) on September 9, 1993.
This application is being considered pursuant to Section 404 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 site 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
-3-
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
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 Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 (DA) permit serves as application to the NCDEM 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 (NCDEM), 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 (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after July 22, 1994.
-4-
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 (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before July 11, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
July 25, 1994, or telephone [phone], Extension 24.
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SHERR'Ob UND PIT
C WADIn" MOORS EtlWPMENT CO, ),
FRANKUNTON TOWNS)kP, FRANKLIN COUNTY, N. O,
3aalta+ Y' • 400' Date, FObrl;ary tti02
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Regulatory Branch
Action ID. 199401550
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 21, 1994
F P z JUN 2 719
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:
Enclosed is the application of wade Moore Equipment Company, for
Department of the Army authorization and a State Water Quality Certification to
dip approximately 6,000 cubic yards of sand from the Tar River, northeast of
SfP. 1243,!southwest of Louisburg, in Franklin County, North Carolina. Your
re -pt-of this letter verifies you 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 August 16, 1994, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mrs. Jean B. Manuele, Raleigh
Field Office, telephone [phone], Extension 24.
Sincerely, ,
4G. VfR:Zequl e Wri t
ory Branch
Enclosure
Copy Furnished (without enclosure):
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
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WMING MAP DRAWN FOR
SHERROD SAND PIT
C WADI • IMOOM EQUIPMENT CO. 1.
FRANXUI,,v rjN TOWNSHIP, FRANKLIN COUNTY", N.
tints sGtlE Date, Fobruary !, 1Y02
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199401550
?1y597
1994
June 21, 1994
PUBLIC NOTICE
WADE MOORE EQUIPMENT COMPANY, Post Office Box 546, Louisburg, North
Carolina 27549 has applied for a Department of the Army (DA) permit TO
EXCAVATE SAND BY DRAGLINE FROM THE TAR RIVER, TO BE USED IN THE PRODUCTION OF
MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED SOUTHWEST OF LOUISBURG, in
Franklin County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that
approximately 6,000 cubic yards have been dipped annually from the Tar River
at the Sherrod Sand Dipping Operation from 1980 to the present. The site is
located on property leased from Ms. Sally W. Sherrod. The sand dipping
operation will impact 100,00 square feet (2.29 acres) of river bottom. The
sand is removed from the river by a dragline to a depth of 12-15 feet deep
below the river bottom. The area of excavation is 100 feet wide by 1,000 feet
long. Excavated material is then temporarily stockpiled on the adjacent high
ground ridge and is later removed by dump trucks to the processing plant. No
excavation of within the river is done between April 1 and July 31 of nay year
to prevent disruption of fish spawning.
The site consists of a typical piedmont riverine system, characterized by
the river channel confined within adjacent upland ridges. This high ground
eventually grades into wetlands farther away from the river. The average
depth of the water where the excavation is proposed averages 1 foot or less.
Sand bars are located in the area where the material is excavated with the
river meandering through them in a braided manner.
Excavated material is temporarily stored within a cleared area (about 75-
110 feet wide) along the high ground ridge. The area between the river and
the access road is about 25 feet wide and is vegetated with sycamore, elm
saplings, goldenrod, ragweed, pokeberry, blackberry, wisteria and wild grape.
the wooded area south of the access road and cleared area is vegetated by
sycamore, red maple, elm, willow, tulip poplar, poison ivy, lizard's tail,
honeysuckle, smartweed, soft needle rush, and various species of sedges. The
Franklin County Soil survey characterizes the soils in this area to be a
Wehadkee-Roanoke Association which are nearly level, poorly drained soils on
first bottoms and low terraces subject to overflow. This association also
consists of Chewacla, Congaree, Augusta, and Altavista soils.
r
-2-
The purpose of the work is to obtain sand for use in the production of
mortar and concrete sand for commercial use. 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 (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500. The North Carolina Department of
Environment, Health and Natural Resources, Land Quality Section has authorized
the mining work (Identification Number 35-07) on September 9, 1993.
This application is being considered pursuant to Section 404 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 site 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
I
-3-
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
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 Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 (DA) permit serves as application to the NCDEM 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 (NCDEM), 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 (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after July 22, 1994.
I
-4-
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 (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before July 11, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.
July 25, 1994, or telephone [phone], Extension 24.
RGV BY?Wi Imi ngtun District
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