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HomeMy WebLinkAbout19860049 Ver 1_COMPLETE FILE_19860801Permit Class New STATE OF NORTH CAROLINA Department of Natural o64O q d,Community Development Permit Number 145-86 Avl', ? C fem. ?'' 4 r F "7 Majoyf eJ?I nt and. JA I ConcttY?idw! 0 Excavati6&udJ6r `j >yl L, Vs to NCGS 113-229 4 lssuedto_Cape Industries, P. 0. Box 327, Wilmington, NC 28402 authorizing development in New Hanover county at the N. E. Cape Fear River, west bank, upstream of Wilmington as requested in the permittee's application dated 5/23/86 i ncl udi ng attached plats, 3, sheets 1-3 of 3 dated received 5/28/86. _ This permit, issued on is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect juvenile fin fish populations, no excavation or filling will be permitted between March 1 and July 31 of any year without the prior approval of the Division of Coastal Management. (2) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surroun- ding waters. (3) Vegetated wetlands will not be excavated or filled. (4) Excavation will 'not exceed 15 feet below the elevation of mean low water (MLW). (5) The diked disposal area will be constructed a sufficient distance from the mean high water level of any marsh to eliminate the possibility of dike erosion into or upon any marsh and/or surrounding waters. ional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1989 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. La_", --? 2 ?, /I &:: ?? / David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cape Industries ADDITIONAL CONDITIONS Permit #145-86 Page 2 of 2 (6) The disposal area effluent will be contained by pipe, trough or similar device to a point at or below the normal water level in the existing ditch. (7) The terminal end of the pipeline will be positioned at or greater than fifty (50) feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. (8) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. (9) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction-related discharge. NOTE: The proposed project is certified under General Water.Quality Certification No. 1273 issued on November 10, 1978, for discharges `of liquid effluent from diked upland disposal areas. NOTE: The disposal area may become a mosquito breeding problem. The permittee should contact the Vector Control Branch (919) 733-6407 regarding appro- priate mosquito control measures. NOTE: An Erosion and Sedimentation control plan will be required for this project. This plan must be filed at least thirty (30) days prior to beginning any land disturbing activity. Submit this plan to the Department of Natural Resources and Community Development, Land Quality Section, 7225 Wrightsville Avenue, Wilmington, NC 28403. APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143.215.3(c), 113A•118 (33 CFR 209.320.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information A. Name Cape Industries Last First Middle B. Address P. 0. Bob. 327. Street, P. 0. Box or Route Hugh lps Wilmington, North Carolina 28402 919/763-9841 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County New Hanover B. 1. City, town, community or landmark Wilmington 2. Is proposed work within city limits? Yes No X C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Northeast Cape Fear River III. Description of Project A. 1. Maintenance of existing project X 2. New work B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length width depth 4. Other Ship/barge dock length 1100 width 275 depth -14.5' NMW C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards ±11, 800 2. Type of material silty sand E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards None 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: X A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes No X C. Disposal Area 1. Location Adjacent high ground (wooded) area 2. Do you claim title to disposal area? Yes D. Fill material source if fill is to be trucked in N/A E. How will excavated material be entrapped and erosion controlled? Earthen dikes with effluent control weir structure 1'. '1 ypc of equipment to be used Hydraulic pipeline dredge G. Will marshland be crossed in transporting equipment to project site? If yes, explain No _ V. Intended Use of Project Area (Describe) A. 1. Private 2. Commercial 3. Industrial barge loading facility 4. Other B. 1. Lot size(s) N/A 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing N/A Planned B. Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: X A. Does the proposed project involve the placement of fill materials below mean high water? Yes No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes X No 2. Type of discharge Dredge effluent runoff 3. Location of discharge >1xisting process water discharge canal VII. Present rate of shoreline erosion (if known): T\1/A VI 11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: NCDNRCD (CAMA) #94-74 (June 1974) USA13D/Wilmington SAWKS 74-65- IX. Length of time required to complete project- Approximately 10 days U.J-UU4 k.-Ii- ec r X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8'/2 X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Fleming & Royal C/o A. D. Royal, P. 0. Box 9343, Greensboro, NC 27249 XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clea?fi ., 4 DATE 7'3 Applicant's Signature ,.,?. 4 e Fear G0? CL Q O s o * J's z c In a2\ yG??e V W 1 .. .. '^.' ' . N Cape Fear I a R 1 ve! r?----?- Fe Egg vi-000 U S. V FW-W Z N O ?- QW ?M Q W Z W~ -Z Oz 0 cna Of 0 L z O W ??z„ as J- Z?? Z m ?V O = 45 U) o Z `.c Wa Of o w U-OD>U Wwz w = WtLz0 } - Z = w? z in d QwIX a Qw? ZW 0 U O W a. n- z Q W o z z >- J O z U Z z i0 3 U Z e Q\ / \ P ? W o g t 1 `? h Ll ' o a- N W 0 t 8 -7o s ° / ..:• ti /// YO OP a O . 6 01 O 0w W CL it O I ?- • U m / I I Q ~ ? J N Q O Q O (3 roll O 3 II a: `rZ J ro dS Q m 0 it W OXO 0 Om Om m Z m to Z Q W OW U J w Z WQa:o O z I? J 2 w d 7 J ? 7 ? O ? " a a s d ?\w J Q - \ C \ W ?I J Q +I Ld O Z N w 0 = N019NIWlIM Ol Zb AVMH0 1H S n SHEET I of 3 FILE No. 3021 4-1. t.. c I • - i TIMBERED AREA 1 3 I• ;;' •' 'JIER & OVERFLOW PIPE / TO EXISTING DRAINAGE/// 200' CANAL DRAINAGE CANALS (EXISTING) l /V Z ., FL EM /NG • ROYA L EXISTING WATER PROPERTY ` DEPTHS = 1 rn \ 5 DIKED SPOIL AREA A'?i/?b a1 ab -A t^ 1 Y 77 \\ `29 Z as 1000, 'd HIGH GROUND 9ya \ n_y? DREDGE AREA TO j ELE - 14.5 \Z\g y.0 6 p, ? 0 o y O ..BULK STORAGE I O TANKS -- - - ---? I ( ,t ?? \ Fp WOODED AREA WORK SITE PLAN NO SCALE (PROJECT DEMENSIONS ARE AS SHOWN) i PER?Y. p R a PP ? \No? ? R O Y ? EMIN F? M. $. L l\\ s vx 10 ? O ?o0 00 iy G ?O y APPROX. EXIST. II GRADE ( EL.-8---15) II M.H.W. EL. 1. 1 M.L.W. EL.-0.8 ' DREDGE TO EL? L-14.5 --- SEE PLAN. ON HT. No. 2 S ECTION A- A MAINTENANCE DREDGING AREA NO SCALE EFFLUENT CONTROL DIKE TOP EL. AS REQ'D. FILL `' • ` . _ , EXIST. GRADE EL. 16+ MAT 1L EXCAVATED FOR BACKFILL PRIOR TO DREDGING. SECTION B-B NO SCALE 61 ,2"x12° 4*x 4° 1 4 -- ? PIPEFFLUENTI REMOVABLE 2"XI2" I O FLASH BOARDS EFFLUENT CONTROL NO SCALE PROPOSED MAINTENANCE DREDGING N. E. CAPE FEAR RIVER CAPE INDUSTRIES NEW HA NOV E R COUNTY, N. C. HENRY VON OESEN & ASSOCIATES CONSULTING ENGINEERS a PLANNERS WILMINGTON, NORTH CAROLINA 9711 97 hi., 'A 0 7 1 M IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS C° r P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 August 12, 1986 AU( 33 8 1`986 OPERATIONS BFr;?.??IrII SUBJECT: File No. SAWC086-N-065-0329 Mr. W. W. Rich Cape Industries Route 421 North Post Office Box 327 Wilmington, North Carolina 28402 Dear Mr. Rich: Reference your application for a Department of the Army permit to maintain a ship/barge basin on the Northeast Cape Fear River, north of Wilmington, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080- N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina. Division of Coastal Management prior to performing any such change or alteration. Such action is necessary, as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure to . ,0 -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, Virginia 23510 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 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 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 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 ..a Fear d z Go C Q A y 0 l p2` gG' V J //??Cape Fear N dr EBB z 1 Ld z a w (n } w? Z > LLJ - z = Q ~ O'- _z 1z Q X Q 1.1J X:D W Q ?Q 0 U W z 0 0Wa Cr U } .-zX Z S Ld Z w a3 0 z U Z 0- o w u 0 of i ? d .' i w S f 1 ?' heo ?a 0- Nora. a Q / o P/ ,Y ?y00 5/ d Od Od 'P U a) a N ~ N J ??^ ---, 2• o? II p-1 J 01. w 01 cn a W Cl) O II O Q U O m 3 ?I 0 z ? cr- In I ds a °' 0 oxo 0 CD m z mN ?o Z w a w Ow u- a 4 C9 O_ z I? I J IF u y ti d d, 7 d ? b ?x J +1 0 LC) N u I Z b AVM HJIH S n N019NIWlIM Ol V) w( a aW Z w 0 Z Z JO ? (n J a Q 0- U 2 co to D w O zw z w w U) Z w 6 z O w O 00 ? > Z Z_ >- J -2 D: N J wo 3 2 U SHEET I of 3 U 0 nro O Z ti- 0 i _ J 1. Z F- w w 2 V) FILE No. 3021 N ar Z FLEMING ROYAL EXISTING WATER PROPERTY DEPTHS _ 1 m 1 5 OU P DIKED SPOIL AREA b r... • .. 1000, P 2? a \ HIGH GROUND 920 \ , 2 \Va \A DREDGE AREA TO 0 1 1 TIMBERED AREA) s ELEV - 14.5 M L. B I _ I B ! l? ` 0 2A A6 l •` : IER a OVERFLOW PIPE TO EXISTING DRAINAGES ° 200' CANAL ////// v \ 2/ 6 `X 01 \? \,h.0 A 5 DRAINAGE CANAL (EXISTING) / \Zu 0% h \ ID AN O r 'A \ BULK STORAGE I ° ?O °0 TANKS J,/ o, ??? Fo \ L °1 WOODED AREA WORK SITE PLAN NO SCALE (PROJECT DEMENSIONS ARE AS SHOWN) .()? ?O ER?Y. s? ?o, P P R PP ? \No? ? R o Y A c EMIN F? FILE No 3021 i II EXIST PIER n DECK EL. 7.0 -A I M.H.W. . - . ' I I I .. i III I I ( ELPR8X EXIST. II GRADE I ? ' I I I I ' DREDGE TO EL? I -14.5 -/ SEE PLAN. ON HT. No. 2 S ECTION A- A MAINTENANCE DREDGING AREA NO SCALE EFFLUENT CONTROL DIKE TOP EL. AS REQ'D. FILL _ EXIST. GRADE EL. 16+_ MAT'L` EXCAVATED FOR BACKFILL PRIOR TO DREDGING. SECTION B-B NO SCALE 62°x12 PROPOSED MAINTENANCE 71 41, 4„x 12"EFF FLUENT' DREDGING i 4 PIPE N. E. CAPE FEAR RIVER CAPE INDUSTRIES REMOVABLE 2"xl2" O NEW HANOVER COUNTY N. C. FLASH BOARDS EFFLUENT CONTROL HENRY VON OESEN a ASSOCIATES NO SCALE CONSULTING ENGINEERS a PLANNERS WILMINGTON, NORTH CAROLINA FILE No. 30; 1 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 June 27, 1986 SUBJECT: File No. SAWC086-N-065-0329 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 Cape Industries, represented by Mr. W. W. Rich, for a Department of the Army permit to maintain a ship/barge basin on the Northeast Cape Fear River, north of Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: k_ a. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. b. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and at a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. c. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. -2- 0'" d. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and resultant unnecessary siltation. e. Vegetated wetlands will not be excavated or filled. f. Excavation will not exceed 15 feet below the elevation of mean low water (MLW). g. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: 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 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 k_ Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28405 ,T A N? sTATF 3 State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary June 26, 1986 Mr. John Sutherland, Chief Water P"Wr ping ection Divi on of Water or ces Ra eigh, North Carolina 27611 Dear Mr. Sutherland: The attached copy of an application submitted by: David W. Owens Director Applica is 'Mme Northeast Cape Fear River New Hanover Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... X for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later thanjUly 18, 1986 Sincerely, Joh R Parke ief Major Permits Processing Section JRP:ap:2480 DIVISION OF ENVI NTAL MANAGEMENT t WATER QUALIT `SECTION Comme is concernYng an a plication for State Federal CAMA Permit s) from A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed roject 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 more than 50 NTU's as a result of the proposed activit.y.after.a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a.result 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 on _ or after The proposed project is.certified under General Certification A) No. 1179 issued on January 259 D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT plow -- 3 .?'RS.S "a_ h9 '4u'4t',: `rb°t :;•_'C'?' .:F. t.dx n' State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Field Services Section David W. Owens S. Thomas Rhodes, Secretary 7225 Wrightsville Avenue Director Wilmington, NC 28403 (919) 256-4161 June 18, 1486 Dianne Blake Star News P.O. Box 840 Wilmington, NC 28401 Dear Ms. Blake: Please place the following legal notice in the classified section of your newspaper and send the bill and affidavit to Christie Flynn, Division of Coastal Management, P.O. Box 27687, Raleigh, NC 27611. Sincerely, C CJ?IIJ? C. Robert Stroud, Jr. Field Consultant CRS/sbm Aittachment P.O Box 27687, Raleigh, North Carolina 276117687 Telephom 919-733-2293 An Equal Opportunity Affirmative Action EmploM Not LEASE PUBLISH ON June 25, 1986 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPNENr PERMIT AND WATER QUALITY CERTIFICATICN Pursuant to NOGS 113A-119(b) and-143-215 3 (a) (1) (c) , the Departrnent of Natural Resources and Oonmunity Development hereby gives Public Notice that Cape Industries. filed an application on May 28, 1986 for a permit from the Divison of Coastal Management to develop in an Area of Environmental Concern and for Certification from the Division of Enviromiental Management that a discharge of fill material in project wetlands will not violate applicable Water Quality Standards. According to said application, Cape Industries proposes to maintain the existing ships basin and develop a new spoils area. Project is located along-the Northeast Cape Fear River in New Hanover County. A copy of the entire application and additional information may be examined (or copies furnished, upon payment of reproduction costs) during normal business hours at the Division. of Coastal. Management anal/or the Division of Fhvironmental Management, Regional Office, 7225 Wrightsville Avenue,. Wilmington, North Carolina 28403. The Division of Environmental Management proposes to take final action on this water quality Certification on or after July 21, 1986 . The issuance of the CAM Major Development and the Section 401 Certification may deviate from this projected date deperr3ing upon the nature of the oonnents submitted and subsequent hearings that may result. All persons desiring to. male oonments should do so in writing to Mr. David W. Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior, to July 10, 1986 for consideration under the CAMA Permit Decision and to Mr. Cecil G. Madden, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 (Telephone: (919) 733-5181) prior to July 10, 1986 for consideration under the Water Quality Certification decision. DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM DATE: June 24, 1986 TO: Bill Mills Operations Branch FROM: David. H. Cotton Wilmington Regional Of ice THROUGH: A. Preston Howard, Jr. Wilmington Regional Office! SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Cape Industries - Northeast Cape Fear River New Hanover County The applicant proposes maintenance dredging and to develop a new spoils area. The dredging would involve an area 1,100' x 75' to a depth of -14.5 MLW. The spoils area would be an upland dike disposal area approximately 2.4 acres in size. The site is adjacent the Northeast Cape Fear River, classified SC, no shellfish present. The project has been reviewed to determine the impact to water quality. The following comments are offered: 1. The project will require a 401 certification, but should meet the general certification for discharge of liquid effluent from diked disposal area. The certification should also contain a turbidity limit of 25 N.T.U. for the receiving stream. 2. This office has no objection to the proposed project, provided the above condition is met. DHC:kc cc: DCM - Robert Stroud WiRO CF RECEIVED JUN 26 1966 WATER QUALITY SECTION OPERATIONS BRANCH OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Cape Industries 2. Location of project site Northeast Cape* Fear River - New Hanover County New Photo #15-181; Grids_U-ZIu;-v-11; w-12 3. Investigation type: Dredge & Fill " X CAMA X 4. Investigative procedure: (A) Dates of site visit 5/29/86 (B) Was applicant present Yes agent) 5. Processing procedure: Application received 5/28/86 OfficeDCM-Wilmington 6. Site description: (A) Local Land Use Plan Wilmington - New Hanover County Land classification from LUP Rural Development constraints identified in LUP one (B) AEC(s) involved: Ocean.Hazard Estuarine shoreline Coastal wetlands Public trust waters x Estuarine waters- Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private X Commercial X (E) Type of waste water treatment: Existing N/A Planned (E) Type of structures: Existing. Pier "T-head" Planned (G) Estimated annual rate of erosion Source 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other N/A (B) Non-vegetated wetlands: Deep Water appx. 302.500 s .f. (6.9 ar) (C) Other: Spoil Area (2.3 ac) appx. 100,000 s.f. (D) Total area disturbed: appx. 302,500 s.f. (6.9 ac) a ppx. ac 00,000 s.f. 8. Project summary The applicants propose to maintain the existing ships basi d n develop a new spoils area. an Cape Industries Page 2 9. PROJECT DESCRIPTION: The project is located along the west bank of the Northeast Cape Fear River upstream of Wilmington. The property was formerly known as Hercofina and is now known as Cape Industries. There is an existing "T"-head pier at which vessels off-load raw materials which are used in the manufacture of plastic products. The existing ships basin is approximately 1,100' long x 275' wide x -8' mean low water (MLW). Most of this depth is a result of previous shoaling. The applicants propose to maintain this basin to the following dimensions: 1,100' x 275' x -14.5' MLW. Approximately 11,800 cubic yards of silty sands will be exca- vated and will be deported in a spoil disposal area located on high ground. The dimensions of the area are approximately 200' x 500' or 2.9 acres. The overflow from the disposal site will be piped to the existing drainage canal as shown on Sheet 2 of 3. 10. ANTICPATED IMPACTS: Provided that the project is timed to avoid periods of peak biological activity no significant adverse impacts are anticipated. Both anadramous and non-anadramous fish and shrimp have the potential to use the area depending on salinity values in the river. SUBMITTED BY: C. Robert Stroud, Jr. OFFICE: DCM-Wilmington DATE: June 9, 1986 APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina (GS 14612) Department of Natural Resources and Community Development Department of the Army Y Corps of Engineers, Wilmington District (GS 113-229,143-21 S.3(a)(1). 143.215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank, Applicant Information A. Name Cape Industries P. O. BOAC 327 Last First Middle B. Address Street, P. O. Box or Route "u9ft ips Wilmington, North Carolina 28402 919/763-9841, City or Town State Zio Code PhnnA 11. Location of Proposed Project: A. County New Hanover B. 1. City, town, community or landmark_ 2- Is proposed work within city limits? Yes No X -90 1886 r.? C. Creek, river, sound or bay upon which project is located or nearest named body of water to projecO Northeast Cape Fear River I11• Description of Project N?;;S:t?'• A. 1. Maintenance of existing project X 2. New work B. Purpose of excavation or fill 1. Access channel length width__depth 2. Boat basin length width --depth 3. Fill area length 4. Ocher Ship/barge clock -width -depth - length -width, 75 depth -14.5' MLW C- I. Bulkhead length N/A _ Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for protect) 1. Cubic yards t11 r 80b 2. Type of material E. Fill material to be placed below MHW (see also Vt. A) 1- Cubic yards None , 2 Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X B. Dues the disposal area include any marshland, swamps or other wetland? Yes No X C. Disposal Area 1. Location Adjacent high ground (wooded) area 2• Do you claim title to disposal area? D. Fill material source if fill is to be trucked in NSA E. How will excavated material be entrapped and erosion controlled? Farthest dikes with effluent control weir structure V. '1 ypc of equipment to be used G. Will marshland be crossed in transporting equipment to project site? If yes, explain No V: Intended Use of Project Area (Describe) A. 1. Private 2. Commercial 3•?? Industrial barge loo-iin facilitSF 4. Other 1 B. 1. Lot size(s) 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing N/A Planned B. Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY' RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) Vl. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes X No 2. Type of discharge Dredge effluent runoff 3. Location of discharge Existing process water' discharge canal VII. Present rate of shoreline erosion (if known): N/A Vill. List permit numbers and issue dates of previous Department of Army Corps of Engsneers or State permits for work in project area, if applicable: NC;D (LAMA) #94-74 (June 1974) • USAED/Wi 1mi n n SAWKS 74-65- 1X. Length of time required to complete project:- Approximately 10 bays X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by re istered or certified mail or by publication (G.S.113-229 (d))Enter date served _ 14 2 , D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which -to submit comments to agencies listed below. Fleming & Royal c/o A. D. Royal, P. 0. Box 9343, Greensboro, NC 27249 X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described In this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clear' g. ATE Applicant's Signature GoQe Fear R' z CWj w (n a NO a Z It C/) u w ? M Z > W j Q W a c z o 20? o cr 1-0 z? aav J U .1 cs = o ci ccZ Z (n 0- ct3 N t - U- z JV•<l?' Z y <(D 1L0C) >U ww z w CL Z x 3" C) Wit Q Q a w O U W CFe ;? D Z z z ape ar a O uj 3 _ 0 Q w ??2 or River ? v Z zw 3 Fe Ee? _ CO f1.00D Z J?P w GQP w Q 5t ?? ?? N ? h e a.< A?Q?1 O (• P / V. -7 aQ/ oe/ >O? ? P?''? -f0 yO d se 0, % o 01 --- - a ?6 `% Ow 0. J \ Q. Cf cna ?J K ? N Q .?. , 40 A AA Q wQ ?Oy Y 1 FF\r' .1.'. .,,. O XO 0 ? Q O `ry\t`,.,.. . =ir 0O(] F I cr tl `n a ti W o o z w o Q w J+ d I N ic) -? a: z V) 7 wdn 0 O Z a% W 4P I i . i I J N019 IW IM 1 I t tr AdM H91H S n SHEET I of A r • ` ,.. MAY ? 1? . l a' 't4'•Gt •r,. :L..!o•., i'??TP'Y .w`:?. ':r .- µ?.. .• ,.: '. :?..0 FL EM /N6 • ROYA L EXISTING WATER ---? PROPERTY DEPTHS t m \ j? ' a D \ DIKED SPOIL AREA ;• (? I; 1000, A bA \ 1; ' •?• •'? HIGH GROUND vy $ t,. , 1 TIMBERED AREA DREDGE AREA TO ELEV -14.5 M. L. I B IER a OVERFLOW PIPE L 200, CANAL EXISTING DRAIN A ?/// / y a1`? 0, 73 \ DRAINAGE CANAL (EXISTING) BULK STORAGE II / •,,,••? `? ??? `pp •_ _-TANKS - - --- - JJ f p O f ?? 00 -- 1 p WOODED AREA ,?'?? ?O \ \ y WORK SITE PLAN NO SCALE (PROJECT DEMENSIONS ARE AS SHOWN) \ i pROP? P E R,t •••. - Y p PR PROPOSED MAINTENANCE \NOVS RpYA? DREDGING GppEM I N G " N. E. CAPE FEAR RIVER FEE CAPE INDUSTRIES NEW• HANOVER COUNTY, N. C. HENRY VON OESEN a ASSOCIATES CONSULTING ENGINEERS a PLANNERS WILMINGTON, NORTH CAROLINA 4 ' EXIST. F4?? 1G . w DECK EL. 7.0 APPROX. EXIST. 11 GRADE ( EL.-8 ----15) II 'I II ' DREDGE TO EL[ IH-T 14.5 ? SEE PLAN. ON No. 2 SECTION A- A MAINTENANCE DREDGING AREA NO SCALE EFFLUENT CONTROL DIKE TOP EL. AS REQV ? l FILL EXIST. GRADE EL. 16± MAT'LEXCAVATED FOR BACKFILL PRIOR TO DREDGING. SECTION B-8 NO SCALE 6' 2"x le -,, V I T12*EFFLUENT' 4 - -}-? REMOVABLE 2"x12" I O FLASH BOARDS EFFLUENT CONTROL NO SCALE PROPOSED MAINTENANCE DREDGING N. E. CAPE FEAR RIVER CAPE INDUSTRIES NEW HA NOVE R COUNTY, N. C. HENRY VON OESEN a ASSOCIATES CONSULTING ENGINEERS 81 PLANNERS WILMINGTON, NORTH CAROLINA IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 May 29, 1986 SUBJECT: File No. SAWC086-N-065-0329 Mr. W. W. Rich Cape Industries Route 421 North Post Office Box 327 Wilmington, North Carolina 28402 Dear Mr. Rich: On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 28, 1986, for a Department of the Army permit to maintain a ship/barge basin on the Northeast Cape Fear River, north of Wilmington, New Hanover 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 State. If your application must be withdrawn from this general permit process for any reason, you will be, written and informed of its further management. If there are no unresolved differences of State-Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned No. SAWC086-N-065-0329 and will be coordinated by Ms. Alison Arnold. She is available to address questions or comments you may have at telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure 12- I t }* 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 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403