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HomeMy WebLinkAbout19860146 Ver 1_COMPLETE FILE_19870105DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 March 23, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-067-0089 Ms. Ruth Ellen Hughes 1008 Peachtree Road Jacksonville, North Carolina 28540 Dear Ms. Hughes: AR 2 3 i' S kNA-11CR + UALITY SECTION Reference your application of November 11, 1986, for Department of the Army authorization to place excavated material in wetlands resulting from channelization of the Country Club Road tributary to Northeast Creek, Jacksonville, Onslow County, North Carolina. We advertised your proposal by public notice on November 26, 1986, and recommendations that the work not be permitted were subsequently received from the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, the National Marine Fisheries Service and the North Carolina Wildlife Resources Commission. By our letter to you of January 1, 1987, we furnished the agencies' comments and requested that you consider revision of your plans so as to satisfy the expressed concerns. To date, there has been no progress towards resolving the concerns voiced by the agencies, and we have no administrative basis for further inaction. You are hereby informed that your application file has been retired. This action has been taken in lieu of denial of authorization, and it does not, in any way, restrict further coordination which you might wish to affect with the agencies that are opposed to your present plan. Also, this action will not jeopardize your submitting a revised application if a less environmentally damaging plan is developed. Although your file is retired, its contents will be retained for reference. Mr. Hugh Heine and Ms. Alison Arnold of my staff are available to provide assistance and facilitate coordination with the agencies. Either may be reached at telephone (919) 343- 4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch t h?? Copies Furnished: i -2- Mr. Lee Pelej Ecological Review Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Ms. L. K. (Mike) Gantt, Field Supervisor Division of Ecological Services U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Richard B. Hamilton North Carolina Wildlife Resources Commission 512 North Salisbury Street Raleigh, North Carolina 27611 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 ?"`h Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary January 20, 1987 Ms. Ruth Ellen Hughes 1008 Beechtree Road Jacksonville, NC 28540 R. Paul Wilms Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Channelization of Country Club Road Tributary of Northeast Creek Ruth Ellen Hughes Onslow County Dear Ms. Hughes: Attached hereto are two (2) copies of Certification No. 2015 issued to Ruth Ellen Hughes dated January 20, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. Mills For R. Paul Wilms cc: Wilmington District corps of Engineers Wilmington Regional Office Lo-Mr. William Mills Mr. David Owens .0, Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733.7015 An Fnual Onnortunity Affirmative Actinn Emnin er NORTH CAROLINA Onslow 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 Ruth Ellen Hughes pursuant to an application filed on the 20th dray of Noveffber, 1986 to place fill in a wetland area and channelize a stream. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Country Club Road Tributary in conjunction with the proposed channelization project in Onslow County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition (s) of Certification: 1. That the activity be conducted in such a. manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts from the project. 3. That the banks of the spoil piles shall be stabilized with vegetative cover immediately after their placement on shore. 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 20th day of January, 1987. DIVISION OF ENVIRONMENTAL MANAGEM114T Original Signed By William C. Mills For R. Paul Wilms, Director WQC# 2015 40 State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary January 20, 1987 Ms. Ruth Ellen Hughes 1008 Beechtree Road Jacksonville, NC 28540 R. Paul Wilms Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Channelization of Country Club Road Tributary of Northeast Creek Ruth Ellen Hughes Onslow County Dear Ms. Hughes: Attached hereto are two (2) copies of Certification No. 2015 issued to Ruth Ellen Hughes dated January 20, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed gy William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer f NORTH CAROLINA Onslow 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 Ruth Ellen Hughes pursuant to an application filed on the 20th day of November, 1986 to place fill in a wetland area and channelize a stream. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of country Club Road Tributary in conjunction with the proposed channelization project in Onslow County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition (s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NI'U's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts from the project. 3. That the banks of the spoil piles shall be stabilized with vegetative cover inmediately after their placement on shore. 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 20th day of January, 1987. DIVISION OF ENVIRONMENTAL MANAGIV= Original Signed By William C. Mills For R..Paul Wilms, Director WQC# 2015 MEMORANDUM DATE : 1 s. 1 DIVISION OF ENVIRONMENTAL MANAGEMENT January 12, 1987 TO: Bill Mills' Operations Branch FROM: Dave Goodrich %, Wilmington Regional Office THROUGH: A. Preston Howard, Jr. Wilmington Regional Office it ,,., .. .a i SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Ms. Ruth Ellen Hughes Onslow County The applicant proposes to channelize an 800' section of Country Club Road tributary to Northeast Creek, classified SC. The spoil from this activity will be placed in piles on the wetlands adjacent to this tributary. The proposed project will require a 401 Certification. It is recommended that the Certification include the following conditions: 1. The work should be done without increasing turbidity levels outside the work area above 25 NTUs. 2. That erosion control measures must be in place prior to spoil placement. 3. Banks of the spoil piles should be stabilized with a vegetative cover immediately after their placement on shore. DHC:kc cc: DCM - Bob Stroud, Steve Benton WiRO CF DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC087-N-067-0089 November 26, 1986 PUBLIC NOTICE MS. RUTH ELLEN HUGHES, 1008 Beechtree Road, Jacksonville, North Carolina 28540, has applied for a Department of the Army. permit TO PLACE EXCAVATED MATERIAL IN WETLANDS ASSOCIATED WITH CHANNELIZATION OF THE COUNTRY CLUB ROAD TRIBUTARY TO NORTHEAST CREEK, JACKSONVILLE, Onslow County, North Carolina. s The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed excavation of an approximate 800-foot-long channel by hydraulic back-hoe within the boundaries of the tributary. The channel is to be 4 feet wide and from 3-1/2 to 4 feet deep. The approximate 850 cubic yards of excavated material is planned to be placed in staggered piles along both sides of the tributary. The fill material is to be placed so as not to impede drainage and siltation fences are to be used. Approximately 0.23 acre of wetlands vegetated by cypress, blackgum, red maple and ash would be filled. The adjacent soils are organic and saturated. The purpose'of the work is to improve storm drainage providing lower floodwater levels along Beechtree Road. 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 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. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management 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. , r J J -2- e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113-A-50-66). The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, -3- flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such,materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after January 5, 1987. 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 December 31, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., December 29, 1986, or telephone (919) 343-4725. Paul W. Woodbury Colonel, Corps of Engineers District Engineer C 1 co, A ki. etc Auk D 49 ?9 v G? ? ?o co • y?y X, N6tE5: 1. NWL IS A wioor4 pArrEf., OF FLOODDA INTO WEfLAW RCOWD 0RIMM; INVOLVC l?0 Q'c? ??JGc. Z - .VG "???RQ?.OETRIBwr?RY??i 1-N y - 3. [Mab ED SEncrecaT pL4e ry 9 - - -- - SAO I • C - Ma A 'URPOTE: IRIMOVE DRAINAGE OF PLAN VIEW PROPOSrp pRea,WN nFcxfEK P.Ran- AFFLUX INTO WC-TLAND BASZN ao w q0 I&Q a o IN, NORTAFAST CREEK RtaTgcENf PRoPERti QwN?RS: RT: JACKSONVILLE M n?S H. (i. PHILLIPS SCALE IN YARDS COuNTY OF : ONstDW STATE : NC ReK mcc LHC y RUTH F 14aQlfS RMUCATION Bi- RC9 E. guru 1001 o:ka?tM?E R0, 3. UUM L. COVINaTON.7R. SUET ! Of 4 DATA; 11-1-14 JACKSO?cr????ta.C.?ysl,c s6r R, . S 130 $ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1tir14PROIs1 REGION IV 345 COURTLAND STREET DEC 16 1986 ATLANTA, GEORGIA 30365 4WMD- MEB/LP ? DEC ?2 3.?6 Oclonel Paul W. Woodbury 0 District Engineer A U.B. Army Corps of Engineers, Wilmington P.O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Hugh Heine r, SUBJECT: Ruth Hughes (Public Notice No. 87-N-067-0089) DEC 3 1 1 Dear Colonel Woodbury: V Ty This is in response to the subject public notice proposing to place ex?cabated material in wetlands adjacent to a tributary to Northeast Creek, Jacksonville,- j Onslow County, North Carolina. The purpose of the project is to improve storm drainage fran the applicant's property. As a result of this activity, approximately 800 feet of a natural creek will be excavated into a 4 ft. wide by 4 ft. deep channel. About 850 cubic yards of excavated material will be placed along both sides of the tributary. The place- ment of this material will eliminate approximately 0.23 acres of very high quality wooded wetlands vegetated by cypress (Taxodium distichum), black gum (Nyssa biflora) and red maple (Acer rubrum). Bottanland hardwoods perform valuable functions within the aquatic system including: fish and wildlife habitat values, detrital export, water quality services, and vital stormwater retention capabilities. It is evident that this fill activity will eliminate a valuable aquatic resource and will result in unacceptable adverse environmental impacts. Cbnsequently, it is our opinion that the proposed project is contrary to the Section 404 Guidelines and should be denied. Sincerely yours, "YNA?? Beverly . Ethridge, Chief Wetlands Section Marine and Estuarine Branch cc: See enclosed c N cc: Mike Gantt, Field Supervisor U.S. Fish and Wildlife Service Raliegh, NC R. Paul Wilms, Director NC Division of Environmental Management Preston Pate, Chief Field Supervisor NC Office of Coastal Management W. Donald Baker NC Wildlife Resources Commission John Parker, Permits Coordinator NC Office of Coastal Management Randy Cheek, Area Supervisor National Marine Fisheries Service Beaufort, NC J.T. Brawner, Regional Director National Marine Fisheries Service St. Petersburg, FL 4 16 i Z `l 1`6 6 MEMORANDUM T0: Bill Mills DEC p 1 1986 . FROM: Steve BentonaQ?-> OPEFtOKONq SUBJECT: Consistency Review Project The following project proposal is being reviewed for consistency with the North Carolina Coastal Management Program. Identifying No. Project: "?'?ik?; Y?/?'Y ? iUD,e?? ?11?? - ?e?f?orJ?IcC? Applicant: _T? 0774 L[f 4?,A *g? DEM Reviewer sent to: 6c,;? Response date requested : Consistency Response Deadline: 2 a. ` 4 Ad '�i a,�/� If� I•.fr !y" ..yy���yy .1Y.. �'R'�. �.y y�� ��y`yyyi �y�qq V'..� .0 0 A 06 iv f 00 IV ft r lo �'�,4W"N.> r , , r 4 .yam ?-. ?. .-,. ,..... ;A . W. r r ' F < r r v n . i 4 ^, q , r r'• 1"{ frT?kT^A t a sr - . . c7k +y y DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC087-N-067-0089 November 26, 1986 PUBLIC NOTICE MS. RUTH ELLEN HUGHES, 1008 Beechtree Road, Jacksonville, North Carolina 28540, has applied for a Department of the Army permit TO PLACE EXCAVATED MATERIAL IN WETLANDS ASSOCIATED WITH CHANNELIZATION OF THE COUNTRY CLUB ROAD TRIBUTARY TO NORTHEAST CREEK, JACKSONVILLE, Onslow County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed excavation of an approximate 800-foot-long channel by hydraulic back-hoe within the boundaries of the tributary. The channel is to be 4 feet wide and from 3-1/2 to 4 feet deep. The approximate 850 cubic yards of excavated material is planned to be placed in staggered piles along both sides of the tributary. The fill material is to be placed so as not to impede drainage and siltation fences are to be used. Approximately 0.23 acre of wetlands vegetated by cypress, blackgum, red maple and ash would be filled. The adjacent soils are organic and saturated.. The purpose of the work is to improve storm drainage providing lower floodwater levels along Beechtree Road. 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 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. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. . c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management 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. -2- e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, r, -3- flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application.and this public notice for the Department of the Army permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after January 5, 1987. 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 December 31, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., December 29, 1986, or telephone (919) 343-4725. Paul W. Woodbury Colonel, Corps of Engineers District Engineer t /?" ?tllL Ott \ ID eel d QkL v G ?_rc ?o co -49 NOTES : NWl IS A MUM PAi7Ev ck? R[gU6TED rxxrAm lmvoimE lSiO Z - -2fe-IRDS, of TRIBZARYI)y ?IlL ?tlc ?Il? 3. DNKt)C,ED SEntlito P14cCr, _ -114L - IIAL - ? - ``v` ?It STN-CiEko RILE RON" Y:. ,Wt,tE: IRIrReVF DRAINAGE OF PLRN VIEW PRot'o$tb pREa;tNa n:: cRs:EK aft" AFFLUX INTO WE-TLAND BAI N 30 " 90 14 : o IN' NORTAFAST CREEK 4aAm< PRoPERtlOWNIRS: AT: JACKSONVILLE MRS. H. ?. F41LLIPS $CALF IN YARDS CouNTY OF : ONsLou STATE:: NC TRUTH F WOES RMICATIOR 6Y: {91} E. KUAW; 3. 7cAW L . COVINGTON,7R: SUET 14t I ME.. 11- 1- 46 I 401 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 November 19, 1986 SUBJECT: File No. SAWC087-N-067-0089 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 Dear Mr. Mills: Nov 2 0 1986 VffilhLN QU,;L. l y n cGT oi' OPERVMNS Enclosed is the application of Ms. Ruth Ellen Hughes for a Department of the Army permit and a State Water Quality Certification to place excavated materials in wetlands associated with the channelization of the Country Club Road tributary to Northeast Creek, Jacksonville, Onslow 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 authorization of 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 considered a reasonable time for State action. Therefore, if your office has not acted on the request by January 16, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, &A' ha s W. Ho is hief, Regulatory Branch Enclosure -06 -2- 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. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 APPLICAT ION Z FOR t45A>o0o,97- l-667#-?? PERMIT TO EXCAVATE AND/OR FILL WATFR OUALITY CERTIFICATION EASEMEN-f IN LANDS COVERED BY WATER LAMA 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) NOV. i? 4 1966 Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Infortnation J r ?( A. Last First Middle Ei Addres.. Street, P. O. Box or Route City or Town State Zip Code C? Phone 11. Location of Proposed Proi t: A. County L) U' r?.? ?.?? B, 1. City, town, community or landmark 2. Is proposed work within city limits? Yes No ?+'i,? T? C. Crrek, river, sound or bay upon which project is located or nearest named body of water to project L:SUB WD _TRIBUTARY OF Noy S C}_UV III. Description of Project A. I Maintenance of existing project B. Purpose of excavation or fill 1. Ae.cess channel 2• lio,rl b,isin 2. New work 19EMI„N,G QE LAME l?KU fAN length width depth length width -depth It H i. mill area length width-depth -- 4. Other___.[]L-T ATE P.1 WAGE. _ length 20 1 width._ q_'__depth LL L C. 1. Bulkhead length Average distance waterward of MHW (shoreline) 2. Type of bulkhead constructirm (material) N./h 0. Excavated material (total for project) 1. Cubic yards 2. Type of material E. V ill material to be placed below MHW (see also VI. A) I Cubic yards UM 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the dispersal aica include any marshland, swamps or other wetland? Yes _.4- No L. 1. sposal Area Location AORELINE (F TRr_ mRY 2. Do you claim title to disposal area? D. I ill material source if fill is to be trucked in PF How will excavated material be entrapped and erosion controlled? }'r '} t L s?u' ? ,a •?<r? L /?' L !J ?? ? ,t ms's ?'. I pe of equipment to be used G. Will marshland be crossed in transporting equipment to project site? If yes, explain V. Intended Use of Project Area (Describe) A. 1. Private_ 2. Commercial '3. Housing Development or Industrial 4. Other-A7 r.n? L IjSE oE., Poor eT ARrA _ S INI''Np M ; S9co>J -BES T oR Y>;D fit=• wk INT6 WMPIVI) KIN, PARTI w. 0 FLOODOTER VVILS AtuNG 8EEf'OTRkE R0. B. 1. Lot site(s) 2. Elevation of lot(s) above mean high water i. Soil type and texture 4. Type of building facilities or structures "___`t-._ S. Sewage disposal and/or waste water treatment A. Existing N/?1? Planned .-__-_ Ki B. describe _ 6. Land Classification'(circle one) DEVELOPED 1 RANSITIONA ~COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) V1. Pertaining to Fill and Water Quality: 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...,rNo-X_.. 2. Type of discharge -- N_r A 3. Location of discharge VII. Present rate of shoreline erosion (if known): VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: - NIA _ IX. Length of time required to complete 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 8A 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. _-- Ulj IS- N.(; P L S 1POR h MHENM TO9N1 i t'11VTh1k1 PJd if LILA MW r-LIL if 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. XII. 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 clearing. DATE Applicant's Signatu n _ SEE RFVFR4F Unr FnrJ AAA 11 ItUr- fikle-rn I ??r..,.,. aaVt ?- 0 o? ai'c ?f' f, ?.. ,? matte. ?- ALU au[s.. ,sly --- 44 ?. AU4L C. Co co s'ti?,, t??' ?. ,vim ® _' _. NOTES: C2 ??i, z ??. OF rLoot)m imm Wirt'lANS ? R-? ,%? ?!!? ?, aaYL 3. gtt' il)V--D Sf; r)[A lT Wee IN STA6QUO MES Flo: ?Ilc /i uRer,TC: 71>lpROvE t)Mn1RyF OF PLAN VIEk PROPOSED JXEIXLNG VCW4 500 A FLUX INTO ?i TLW BASIK ?`30 (.0 4 r 0 IN' NORTREAST CREEK ht? nu< PRoPfRtl OwNaRS: `- ' RT= JACKSONVILLE 1. MRS. H. u. FHILLIP'S SCALE IN YARos CouNTYof; ONs oW STATE: Svc i?ch 'k iHrq?Y PATH r I1MES RPPLIcATIOR ft ( !4 k. RU49 lbot oze'JA MF Rr). _ -- . - -