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HomeMy WebLinkAbout19860250 Ver 1_COMPLETE FILE_19861028i 09 ., .?sr^'av •l OINMM?' 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 November 13, 1986 Mr. Lyman P. Usher P.O. Boa 1059 Carolina Beach, NC 28428 R. Paul Wilms Director Subject: Certification Pursuant to Section 401 of the Federal C1ean,Water Act, Proposed Roadway Luman P. Usher Atlantic Intracoastal Waterway New Hanover County Dear Mr. Usher: Attached hereto are two (2) copies of Certification No. 1991 issued to Mr. Lyman P. Usher dated November 13, 1986. 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 Mr. William Mills Mr. David Owens Pollution Prevention Pays p.0 Boot 27687, Rakigh, North Carolina 27611-7687 Tdeox x 919-733-7015 A- C_.._I Arr. ? - A? ? i .. r NORTH CAROLINA New Hanover County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Lyman P. Usher pursuant to an application filed on the 29th day of August, 1986 to construct a roadway across a headwater wetland. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Atlantic Intracoastal Waterway in conjunction with the proposed roadway in New Hanover 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 the fill material be from a clean, upland source and free from any toxic materials. 3. That the construction activity be done in such a way to minimize impacts to surrounding wetlands. 4. That all side slopes be immediately stabilized with vegetation to prevent erosion of slope and siltation of the surrounding wetland. 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 13th day of November, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT original Signed By William C. Mills W R. Paul Wilms, Director WQC# 1991 s " ..swr, f OVO?' y? 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 November 13, 1986 Mr. Lyman P. Usher P.O. Box 1059 Carolina Beach, NC 28428 R. Paul Wilms Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Roadway Luman P. Usher Atlantic Intracoastal Waterway New Hanover County Dear Mr. Usher: Attached hereto are two (2) copies of Certification No. 1991 issued to Mr. Lyman P. Usher dated November 13, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed BY William C. Mills FW R. Paul Wilms cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays PAC! Bea 27687, Rakigh, North. Carolina 27611-7687 Tekphmx 919-733-7015 A_ C_.._% A- ..a._ A,..&- C.....L..r NORTH CAROLINA New Hanover County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Lyman P. Usher pursuant to an application filed on the 29th day of August, 1986 to construct a roadway across a headwater wetland. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Atlantic Intracoastal Waterway in conjunction with the proposed roadway in New Hanover 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 the fill material be from a clean, upland source and free from any toxic materials. 3. That the construction activity be done in such a way to minimize impacts to surrounding wetlands. 4. That all side slopes be immediately stabilized with vegetation to prevent erosion of slope and siltation of the surrounding wetland. 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 13th day of November, 1986. DIgISIOp OF ENVIRONMENTAL MANAGEMENT Original ikV1 d Y William C. Mills For R. Paul Wilms, Director WQC# 1991 .t 777 MEMORANDUM ??? U111, DIVISION OF ENVIRONMENTAL MANAGEMENT DATE: November 6, 1986 TO: Bill Mills 12 1986 Operations Branch VAftlt t;;?! i!YY ACTITI, FROM: David. H. Cotton Wilmington Regional Office THROUGH: A. Preston Howard, Jr. Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Lyman Usher New Hanover County The applicant proposes to construct a 15 foot wide access road spanning approximately 700 feet of headwater wetlands to connect the applicant's high ground with an existing road. The construction of the road involves filling approximately 1050 square feet of wetland in order to raise the road 4 feet above the existing ground elevation. The project has been reviewed to determine impacts to water quality. The following comments are offered: 1. That the project will require a, 401 certification and the certification should contain the following conditions: a. That the fill be from a ,clean upland source and free from toxic material. b. That construction activity be done in such a way to minimize impacts to surrounding wetlands. C. That all side slopes be immediately stabilized with vegetation to prevent erosion of the slope land siltation of the surrounding wetland. This office has no objection to the project as proposed provided the above conditions are adhered to. DCH:kc cc: DCM - Stephen Benton WiRO CF 1*10 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC082-N-065-0485 x ^w SEP 2ti 1986 COASTAL RESOURCES CCfvlfv?. September 18, 1986 PUBLIC NOTICE MR. LYMAN PATRICK USHER, Post Office Box 1059, Carolina Beach, North Carolina 28428, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN HEADWATER WETLANDS NORTH OF SNOWS CUT, THE ATLANTIC INTRACOASTAL WATERWAY (AIWW), New Hanover County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of a 15-foot-wide private, access road. The road is to span approximately 700 feet of headwater wetlands between the end of an existing road off U.S. Highway 421, Carolina Beach Road, and the applicant's high ground. Approximately 1500 cubic yards of fill material, obtained from a highground source, is to be placed to raise the roadway 4 feet above the existing ground elevation. The purpose of the work is to provide access to high ground upon which the applicant proposes to construct a single family dwelling. 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. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the -2- State Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 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, 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 -3- 11 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 October 28, 1986. 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 October 22, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m., October 20, 1986, or telephone (919) 343-4634. Paul W. Woodbury Colonel, Corps of Engineers District Engineer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 IN REPLY REFER TO August 28, 1986 Regulatory Branch SUBJECT: File No. SAWCO86-N-065-0485 r.i.;'•.? 2 9 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: Enclosed is the application of Mr. Lyman Patrick Usher for a Department of the Army permit and a State Water Quality Certification to place fill material in isolated wetlands adjacent to the Cape Fear River, north of Snows Cut, for the purpose of constructing an access road, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We will not announce this proposal by public notice; therefore, there will not be an opportunity for coordinated advertisement. 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 October 28, 1986, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Aha s W. llis Regul tory Branch Enclosure 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 r P(ArfS ?o? %?uc. /1?a7lcc St LY.?-? hat ,4Aust-? 6y?o8? e6 ¢$S ?n g V 1 0 ?. r. Q o ? o J iu ?V to, L- YMA,Al P,472i6L 4t Syc? o (? Sit ? o? l cv? •? ?: I A. AIPLICAT)ION FOIL PERMIT TO EXCAVATE ANO/OR FILL (MATER QUALITY CERTiIFIi AT" `,v?l EASEMENT IN LANDS COVERED SY WATER CAMA PERMIT FOR MA ENT 1 -A save Alwtlishtreetw SLAM 44 ee CUMARA ^ (GS 1K121 t Cr" *e/ l E gwAom w11aM?m Ob rats 4 N eurw RMwarrar MW C*M"4rMty Oev?lwiwan! (GS 1 (GS 11$429,143-213.300). 143.215.3lc), 113A•119 (» art 209a20-321);:,- PWA" type or print and fill in all Wanks If information Is not appllcable, so indicate bar placing NIA In blank. 1. Agplicarst In(armatton A. Name Last 9 First Middle 8. Address /ooh < tiu 3 Street, P 0 Boa nr Rnute - G'?rn ?r N? en 8 ' C'_ R U , wo> K y.SB- 51--5-5 C)tv nr Town $laic tip Code Phone IL La caition of Proposed Protect, A. County r)' IL 1. City, town, community or landmark 2. Is prociawd work within city limits? Yes Na C. Cneeh, river. sound or bay upon which prolcct is located or nearest named body of water to project A-b Cra f F,, i7' l!SP,1- - YC64e- R I Y= ?? L ! f.., l"71 Y L III. pes"iption of Project /I 1 A. 1. MalnCerl,M a of CxistintprOlKt 2. New wort ( ?/y S?J ?Lt n C? Q j? 'S" r V 8. PurooK of e%cavat)on Of till 1. Acsrss channel lcritth width death 2. Boat basin lenjth width depth, 3. Fill area 706 Icntth pO ? width / J depth 4. Other Ier+tth width deoth C- 1. Bulkhead IcnSth Average distance waterward of MHW (shcreiine) 2. Type of bulkhead construction (material) 0. Excavated material (tout for protect) 1. Cubit suds n <? 2. Type of ni,t.rul 5 nNCJL E. Fill material to be alaced beI w MHW (see also VI A) 1. Cubic yards 2. Typc of material IV. Lind Type, Disposal Area. and Crinstrucuon Equitxnent A. Does the arcs to be excavated include any muthiand, swamps nr other wetland) Yes No 8. Does the d)sanut area include any n 4rviland. swamps or other wetland) Yes No C. Oisoowl Area 1. Location 2, Do you claim title in disooul areal yG.S p. Fill material.y,uise if lill it to be lriicsed in i `l O -? •f del e-,e k To YocJ <L7 E. How will excavated material bt entrapptd and erosinn i.ontr(slled) F. Typc of cduiciment iii he uud Ll 2- 4" L, 7 K» T w c 1'r ?- w; f 77777--e Ca. Will marshland he crnssed in tranwo(lin= equipment to protect tile) If yes, explain 0 V. WdMM rid Lkv Cd PI Anwa (Dieaem) A. L rrlvaos N "r t G t-e ,r ? } ? r1 ? ?. v A ? 2 Cow 4. Otlw L 1. Log elve(s) 2. E1wad4n of IWO abOlm n+w>in h+O -user 3. Soil type tied tutu" .S eYY ?. True of building faeiltttes or ttrucaurt /Y (.1 fl (.1 C41 ; tl!4 1. T717 0, i Sawa* diwosal and/o( rastt rust tteatm*nt A. Exisurl Manner L Desuibe 6. Uand clasufl"(Ir)n (circle on-) DEVELOP"0 TRA`M' i rlun.:, . COMMUNITY Kr` UKAL 1 CO`tSE R'?ATIUN OTHLA . (See CAMA LoclLud Um Plan Synopsis) V1. Nruininill to Fill and water Owhty A. Dot! the ptaoowd OrAIK::r.?otve the oluetnent of fill ?matanaa hefow '+eawt .'w?Zh Wain? Yro NO L, 1, Will any runoff or dwKttaftc erwter adtaesnt "`taus ASa result of Dram" ac"vi(y or planned ub4 of tM area follavint pfaect comofetion) Yes-f'+a_SC 2, Type of diae.harxe I Lacatton al dis&.arje ? - V1L f4oserat nits of sl+we{ine ere%;oo lif knevonj: VUL L}et pwrnit numbers and iudw dates of pervious Deoartrmnt of Army Cwm of Enproters or Sum Peru fever . WW* in p"Oe,ct waai, if aooliciwo.. A-f O e UL Latattdt of droe !eouirod to c.omviete prVieCt: lv /?a -l t ) o X Iw ad&tWo to dw amiokted aodkxtien form., tlwe followwrW iftne tmust be or•v:dd: A. Attach a envy of the dead (with States aoolieation only) or othwe inwunwrwt under rhweh at?o4K3R4 d&im* title to the affected oraoerty, OR If wolieant Is toot claiming to be the oww per of saved property, awn forward a coot/ of the deed or other itwstrurrwent under Which the owfw claim% title plus wrtttin permission from the awner to carry out the oraieet on his land. L Attach an accurate work alit drawn to scale on 8'h X 1 1" white pADV (fee inwucuon booklet for deuilsj. Note: Oritimal drawwnts preferred - only h." Quality copies .cuoted. C A coot' of the aoolication and plat must be served upon adiacant riparian landowners by (eyttared or cantRed mail or by ouei,cation (G.S. 1 I IM (d1)Enter date served D. List names and crsmolete addresses of the noarwan landowners with oroowty sdtowrwtng soot-cant's. Such oweoerl have 30 davs in which to wbmst co?nn+ents to aeenctes lined below -254-27f r Et^_lL ulR 2 CA?, 4 L <V_/ (7 OED Ci r1,4 ?- , XL CArtific tien r"uirerw.e,wt: I. cenw(y that to Lie best of ny knowledg:, the proposed activity compiles rith the State of North Carolwnak aotxoved coastal manaterment oropam and will be conducted n a twanewr consistent with such program. X1L Any pemwot issued pursuant to this aaoltcatirxt will allow only the drnlodment desuibwd in thus aogli cation and oiat. Aoolicants should therefore describe in the aawlicatton and plat all anttcloated deni- owvw t activitwes, in<Judint construc-.ion, excavation, fillinj. and land cluing. MEMORANDUM TO: Bill Mills FROM: Steve Benton?? SUBJECT: Consistency Review Project RECEIVE OCT 16 19fifi The following project proposal is being reviewed for consistency with the North Carolina Coastal Management Program. Identifying No. 22- _ 046 Project: WC, 77-A,,h .fir LC- oar- ?Np? y-r-- Appl icant: DEM Reviewer sent to: st (',?,J Response date requested: Consistency Response Deadline: 2Z 'JED S7. PIP ? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 6??T,c?o?E°? REGION IV 345 COURTLAND STREET ATLANTA, GEORGIA 30355 OCT 14 1986 R. -T ? 4WMD-MEB/LPG 1 Colonel Paul W. Woodbury District Engineer V t?L 1 ??8 U.S. Army Corps of Engineers, Wilmington R E C P.O. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Ms. Alison Arnold T 2 21986 Qiv. Of J!fOfliY; 'll'al Mgt. OC F?'J Leigh, R. C. SUBJECT: Lyman Usher (Public Notice No. SAWC'082-N-065-0485) Dear Colonel Woodbury: This is in response to the subject public notice which describes a proposal to place fill material in headwater wetlands north of Snows Cut, Atlantic Intracoastal Waterway, New Hanover County, North Carolina. Approximately 1,500 cubic yards of fill material will be utilized to construct a 700 ft. long by 15 ft. wide road to an upland site through a pocosin wetland. The purpose of the road is to provide access to uplands for residential develop- ment. As a result of this activity, approximately 10,500 sq..ft. of wetlands will be eliminated. Floristic species observed on site include red maple (Acer rubrum), red bay (Persea borbonia), sweet bay (Magnolia virginiana) doghobble (Lyonia lucida), inkberry (Ilex glabra) and catbrier (Smilax sp.). Pocosin wetlands perfcrm valuable functions to aquatic systems includings wildlife habitat values, water quality service and vital storm water retention capabilities. It is evident that the non water dependent fill activity will eliminate a valuable aquatic resource, will result in unacceptable adverse enviro mental impacts and, in our opinion, will fail to ccnply with the Section 404(b)(1) Guidelines. Consequently, we reccmnend that the subject permit application be denied. Sincerely yours, E rine i , Chief M an d Estuarine Branch Water Management Division cc: See enclosed cc: Mike Gantt, Field Supervisor U.S. Fish and Wildlife Service Raliegh, NC R. Pa Wilms, Director NC Di, ision 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 10 dW' State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street * Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary October 16, 1986 Colonel Paul W. Woodbury Corps of Engineers P. 0. Box 1890 Wilmington, NC 28402-1890 Dear Colonel Woodbury: In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice 0507 dated August 28, 1986 which describes a project modification proposed by D. L. Phillips Investment Builders, Inc. of Charlotte. The project, involving bridge and causeway construction to gain access for island resi- dential development is located on Lake Norman near Triangle in Lincoln County. This office submitted a state viewpoint on the original project on July 15, 1986. Additionally, we wish to point out that the Division of Health Services issues a word of caution because the project is located near water resources which are used for drinking. Precautions should be taken to prevent contamination of the watershed and stream by oil or other harmful substance. Based on a coordinated agency review, the state interposes no objection to the modification provided recommendations included in our July response (see enclosure) are included in the permit modification. For your information, the Division of Environmental Management issued Water Quality Certification #1979 on September 29, 1986 for this project. Should you require additional input from the state on this matter, do not hesitate to contact this office. Very sincerely, Ihn . Parker, Jr. Inlan '404 Coordinator JRP:jr/aw cc: Wildlife Resources Commission, Raleigh / Division of Environmental Management, Raleigh -? Division of Health Services, Raleigh Enclosure PO. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733.4984 An Equal -Opportunity / Affirmative Action Employer DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC082-N-065-0485 a.:.' IV E ? 2 2 9986 Sept emb'e : 43ul.*9 PUBLIC NOTICE MR. LYMAN PATRICK USHER, Post Office Box 1059, Carolina Beach, North Carolina 28428, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN HEADWATER WETLANDS NORTH OF SNOWS CUT, THE ATLANTIC INTRACOASTAL WATERWAY (AIWW), New Hanover County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of a 15-foot-wide private, access road. The road is to span approximately 700 feet of headwater wetlands between the end of an existing road off U.S. Highway 421, Carolina Beach Road, and the applicant's high ground. Approximately 1500 cubic yards of fill material, obtained from a highground source, is to be placed to raise the roadway 4 feet above the existing ground elevation. The purpose of the work is to provide access to high ground upon which the applicant proposes to construct a single family dwelling. 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. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the -2- State Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 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 acopy 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, 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 -3- 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 October 28, 1986. 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 October 22, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m., October 20, 1986, or telephone (919) 343-4634. Paul W. Woodbury Colonel, Corps of Engineers District Engineer - T?CRr?SEon %?cFjccL /1?o7t?c 6?to?? e6 ¢SS ?n 1 r Q? 1 a c7 ?Q gat L-YNA,11 f?R72lf? GtSf/cam. /Z /Au6-u57- V N?N 'I 4 Nt ?o U l`U ?vj C? i 1 t IZZ :5-46E7' / o, / Regulatory Branch IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 28, 1986 ?Md F liar SUBJECT: File No. SAWC086-N-065-0485 _i P,uc)29 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: Enclosed is the application of Mr. Lyman Patrick Usher for a Department of the Army permit and a State Water Quality Certification to place fill material in isolated wetlands adjacent to the Cape Fear River, north of Snows Cut, for the purpose of constructing an access road, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We will not announce this proposal by public notice; therefore, there will not be an opportunity for coordinated advertisement. 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 October 28, 1986, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, ha s W. llis hie , Regul tory Branch Enclosure 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 y pp n9wo?: . AFftJCATX)N FOR PERMIT TO EXCAVATE AND/OR FILL WATER WALJTY CE>! IF-KAT ,r t. ,.? n EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR AIA 4??? DooWUNU t e1 A44OW"W"11 rt Static N North CWUdh a ^DNertaewtt of Ow A MatY?eM kww% tM Oltort S (GS 144-141 D* 1Z144 Ha o Reswoc" ? C60wtu1 41 0 t w+/Miwwrt C C 6 R 61 ? f) (GS Pharr type or print and fiat in 411 blanks If inforts+atiett is not applicable, so indicate by pbckq N/A M blank. ,. Applicant Information C- A. Name .( Last rt First Middle B. Address Street, P 0. Box or Route #0h c 7 9 7 - 75 77CAkn?? Nc P'? ,(?eo c-) /`/ • C ?° A y ) y W0"> L .,s?- _s r ?.; Citv err Town State Zip Code Phone IL Location of Proposed Prot«t: A. County P(.I , 4axie) t1elm Cast H'i-y B. 1. City, town, community or landmark 2. Is proposed work within city limits? yes No NZ? C Creek, river, sound or bay upon which protect is located or nearest named body of water to Proiect ?..' lt)a: TL.4at?? 14b.'14('fAiT 64P -A64 R[Ygef- IIII. Description of Proiect A. I. Maintenance of existint protect S. Purpose of excavation or fill 1. Across channel 2. New work 4) 4- u i? length width depth 2. boat basin length width depth 3. Fill area OU t length QO r width depth 4. Other Itmtth width depth C, 1. Bulkhead length _f/'11A , Average distance waterward of MHW (shereiinel 2. Type of bulkhead construction (material) 0. Excavated material (tout for protect) 1. Cubic yards 2. Type of material S NCV(/ - E. Fill matenal to be al.ced bel w MHW (see Ilia VI A). - 1. Cubic yards 2. Tyoe of material IV. Land Type, Dispose Area, and Construction Equipment A. Does the area to be excavAled include any marshiand, %w imps or other we(land) Yet No l-? S. Does the diwnul area include any ma(shland, swamps or other wetland) Yes No C. Disposal Area 1. Location 2. Oo you claim title to dupotal area' D. Fill material 1,ILLl(.e if Till it to be truckcd in ` H /q- V =fL''.7r E. How will excavated material be eniraoped and erosinn tonlri led) c_e k7- 70 F. Type n( couiomcni iii he stud cc / 7 Y' L ?YZ rl-Ct lz3 r- Cc-:' r 7 C* (77 G. Will marshland he crnswd in transporting equipment to protect site) It yes, explain Ho afar . 4* V. r.rd tkte eif llretiRct A pa (Doic7fte) A. 11. tritnta - U- i l; a v- , I J C? LU / I Y . 2. Co""W`Cssl I Howkis GwioMfevlt at Inds owhil 4. Odd R I. Lot site(s) 2 EWatlon of IWO above n+wt high water -? 3 ,S 1- P- e o d n, L= 1 Sew ty" and tutttre 5 13 t, d "/ 4. Type of building facilities or st =uftrs . 1. Sewap diwasal usdfor waste wuw treatment A. Exisam Manna/ 8. Dtwiba C Lusd Clasulicatinn Ictrcle on-) DEVELOPf.D TRAMS, nuN ki. CONSERVATION OTHER ___ COMMUNITY .... (See CA)AA Um Plan Synovsk) VL Pillruining to Fill and Water Quality A. Doers the orooosed casette ;nvolve the placement of rill mater,aK hetow -east !Itlh water? Ye, mis R 1. WiA any, runoff or dtscharte triter adjacent Waters As a result of pra,ect activity or planned uba of the area following protect comoletion) Yes. Plo ?? 2 Type of diach ir" 3. Lracatlon o1 discharle -e - - VIL Pr?eret rate of shoreline erasion Iif known): 1,9 VUL Lit perrnlt numbers antd ituue dates of prwious Deoartmant of Army Carpe of Emnens or Stave pertt+tiLt few tack in Per*" area, if aoolieable: H0,-1 1._0 1x Lmv4M ei tirm required to connslete ova"ct: 1, /2 -t X M adelhi.w to dr to moieted aoolicaden NWIN doll f0dowiw, hereto mow be ovevided: A. Auach a cony of the deed (with Stara application a My? rx other insuument under which aopltc.arttt daMa title to the affected orco". OR if applicant Is not claiming to be the owner of said property, then forward a cony of the deed or other 4"trtaenent under which the owner claimi, title Pius wnittrn permiuion from the owner to carry out the orciect on his land. R Attach an accurate work plat drawn to scale on 8'h X 1 I" whine paoer Iwo instrucuon hoottlet for devils). Note: Original drawtnts preferred • only h,qh quality copies acceoted. C A coot' of the aooliuUon and plat must be served upon adiacent noartan landowners by teststared x certified mad or by puolicatinn (G.S. ) 13.229 (d))Entef date served 0. List names and comolete addresses of the noarun landowners with prooerty adjoining applicant"t. Such owners have 30 d.vs in which to submit co•nmertts to atencses liued below CECIL W,Q i2D 1?02 C#4 4L 1>eIV,-_ 0,4" Q r>I!? ?4 I ?L 28¢Z8 .-roll P_ WfUlAMs. i--3 - o,1/IAM/_ 7,V,- nAnAl , AIA ,eA I v AI/_ XL Certification requirement: 1. certify that to the best of ny knowledp, the procoscd activity complies with the State of Neetts Caroljnak acoroved coastal manattenttent propam and will be conducted on A manner consistent with such program. XIL Any permit issued pursuant to this acaltcatirsn will allow only the develooment described in this appli Cation and plat. Aoolicants should therefore describe in the atsolicatton and plat all anticipated devttl- oonnent activitws, including construc:ion, excavation, filling and land clearing. MATT Q -1 ? - V 4 ??f - - '4?1 / /*,7?_ V 1 I;z 0.° I? S. ?S ?? a a 4 ??7n?r L,?/'?/Oy b c? 0 0 RPpLlG4Ti")w O,Z-?- L YI'II A Al fPR72/CL 4t Syc? /Z 4-a6us7' ./9517 t? N?N /I al ?4^ ail a I ?H?7 l off' / c???"pu? 5ktsv;/l-c ,L ?cLs f ?t,1 ? g. N 4 ,g.sz h e N? Ll L l i?,?0 1.71 N2 64 MICKLEY ENTERPRISES - BETHLEHEM. PA. PHONE (215) 759-8078 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 28, 1986 SUBJECT: File No. SAWC086-N-065-0485 Mr. Lyman P. Usher Post Office Box 1059 Carolina Beach, North Carolina 28428 ,Dear Mr. Usher: Reference your plans to place fill material in isolated wetlands adjacent to the Cape Fear River, north of Snows Cut, for the purpose of constructing an access road, New Hanover County, North Carolina. A Department of the Army permit, pursuant to Section 404 of the Clean Water Act, must be issued prior to the placement of any fill material in wetlands. Before this Federal permit can be issued, a Section 401, Clean Water Act, Water Quality Certification must be obtained from the North Carolina Department of Natural Resources and Community Development, Division of Environmental Management. This certification should be available prior to October 28, 1986. Mr. William Mills, telephone (919) 733-5083, can be contacted regarding this required State authorization. Questions regarding the Corps of Engineers regulatory program may be addressed to Ms. Alison Arnold, Regulatory Branch, telephone (919) 343-4634. Sincerely, Cha s W. is hief, Regulatory Branch -2- 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. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 28557 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 "Fir APPOCA• 1M FOR PERMIT TO EXCAVATE ANO/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED 3Y WATER CAMA PERMIT FOR MAIM DEVELOPMENT DepeAneet of AIteMMnMMn Stoll N Nowh ea nwa pepeflttrwt M the AMW (as 146 Ix (Oeprle? M istwl 2 wfteeewea i; 4M Cewa lttwttl3 06iielepmeitt CC.; t b Arta ; 3?t ttrhtptatt a- 1 Pbare type or print and fip in all blanlcgo, It Wermatien Is not apOkabie, so irtdicate by plackv N/A in blank. ,. Ap A. Narne ps t Information / Cast I ?r First Middle & Address -?-- $(feet, P `0.. Box nr Route City ar Town State Zip Code Phone IL Lateation of Pro; ored Protect. A. County 41 c?.:`..? a Ai n_U et'- CO U 14 R 1. City, town, community or landmark e t` /} r -y- e S 2. It, proposed work within city Iimusl Yes NO C. Gait, rivw, round or bay upon which protect is loutod or nearest named body of water to project III. Description of Proiect I A. 1. Maintenance of existing protect 2. New work ?? ?? S1'u f, o 7 r cz Q ,?f' r d. Purpose of excavation or fill 1. Access channel length ??wtdth depth 2. Boat basin lengths ?width.?,?depth 3. Fill area length D° t width ?depth ? 4. Other length ow width_ aeoth C. 1. Bulkhead length A Average distance waterward of MHW (shcreunel 2. Type of bulkhead construction (material) 0. Excavated material (foul for protect) nn 1. Cubic yards 00 2. Type of material 5QHC.. ,.l E. Fill material to be el4z:T d bMHW (see also VI A) 1. Cubic yard}, ..2. Type of mater,•l IV. Laved Type, Dium" Area, and Construction Equipment A. Does the area to be excavated irKlude any marthiand, swamps or other wetlands Yes _ No 9. Dens the dtsvnvl area include am mainland, swamps or uthet wetland' Yes No G Disposal Area 1. Location 2 Oo you claim tile to diwasM area! 0. Fitt ntatenal vouice if fill is to be trucsed in d c_,e 70 E. How will eitcavalt`d material be entrapped and erosion contriMedr F. Type of equipment to he used Q co Q Will mainland he crossed in transporting equipment to protect situ it yet, explain OAF-41 PAW. tong V. Ilu..lln1 Lkw of N+1iFIet Awe (0=9061 A. L 'r'lrad- - Y N r 11 Q Y'-K ?(? ? I> t;- (.U rI i . _- 2 Cottt+?'tt? l?letleirt? ?to11t tar lredttatrhth 4. 1. Lot in(s) 1 Ekmukn of lads) aboro nnetee weir t :3 s ?? e h..9 , l- , 1 Sell t"m and tssetwtt.?.s R f`t 7h,/ 4. Type of building fareilntstts or mnxatns S. Snerap diwasal and/a waste watsr treatment A. Esiststst Manna/ 8. Dentsbe L Laid Clasuficatusn (circle ate) OEVELOIKD TRAN?s rIijNA(, CDatMUNITY (-RURAL5 CONSERVATION OTHkit .,? (Set CAMA Local Land UM Wan Synopsis] VI. hreubeiry to Fill and Water Owitty A. Dan the orocosed o?ntect :rvolve the olacernent a fill "awriaM hetow ??ean l,rZtt water? yp%- ks L 1, Will any runoff or awmanlt enur admeent.waten as a result of oraect 4ctnvity or olanned ubs of tlee area followinj protect comowion) voim a .{` 2. Type of discharge -e 3. La mn of disr'•anle WL Flletteet raft of sh+areline eret:en fif knnwnl: Aq VUL Us owmk twrnbers and iswe dates of "iew 0soartnrnt of AI'my Corps of Errpreetrs er Staat pernwa for • WWk in pal 0 .0 area. of mokable. -NON 13L Lwgo of tiiwt !wuwed to comohm poem t fa h v N t 1. o X M aiditiew a flee cemeheted aoahwtlaw ft+r+++, tyre /eYnrerMeq itnw ne+uw bo oswriW d. A. Attach A "my of the tad (with Stan mOkation onlyl or otter rnwttrwent wwor which aopticant tlaitws title to the affected Woeerty, OR it aoOhitant Is not ctaimin# to be the owner of said property. Men (arowd a cony of the deed or other insoumwA under which the owner clauft tide plus written pwmiwon from the owner to carry out the orojeet on his land. L Attach an accurate work On drawn to scale on 8'h X 11" wfnte Pan" (see instruction booklet for loads). Note: Original drawings preferred • only h.Rh Quality copse+ acceoted. Such *wow have 30 C. A coon of the aoolscatlon and plat must be served uoan adiacent rroanan landowners by tegiuered %m carttiiod rnad or by ouefrcatresn (G.S. 113.229 (d1)Enter date served 0. Liu names and crsmolete addresses of the rroarlan landowners with oreoerty adjoining atsp/Wnt's. XL Crdficati.n reauire+w.wt: 1 certify that to the best of my knewled=. the ortsoosed activity compares With the State of North Carolsn44 aoorowed coastal nsanaturnent orotpnm and will be conducted on a NWmnrr consistent with such program. XIL Any permit issued purwant to this aoalwstien will allow only Me dewlooment dewibed in thn sopii cuion and olat. Aoolicams should therefore dowibe in the aaelicatton and plat all antiupatad devet• oansent activities, includinit construction, excavation, filling, and land clearing. DATE MINIMUM ADOWAnt's Signature st l ` i- V' Q 7 X.? __? a 1 r.? __ c7 v ? /2 406Vs7' /9810 V V Nt J J t q v i f Q • 0- i r? a y C., Y E L a ° z ? L ? m c d v u c. y 7 C ° c 0 0 U x m F v W 0 z .? J y a? a E» > I H H H 0) C v 3 0 ro 4 ro x a G L J y L y w ld ri Cl •? a ,r L 1. y J L :! r. 9w y ? L F ., H J J J co rrr..l z W u 0 m a z? a w /J J :C U ? ?y z zy a w W a x F Si a w V) •J' U a H Q a z Q• .Fr• a x 0 z u ai w •4 3 ro C ro CQ 0 0 0 U U w ? W 0 a w w a W 4 r n y. ti r L « ? ? ^ r a ,? a A L 4-J 4 ? w y ow 0 L a o n r 71 ri .+ J u y Z J ro . .? !• L r" ? 7 L 7 y - s u V .? "a y ai '? ?I ?- w e v ? v C L .+ v y y .A ? f Ia. '0 V > :l L a a ? s. -? r •= 0 y L A y G u? 7 v v h ?, ro 3 ;0 J s V L _ C m C l Lm W? is y «' CL ' E ° U a +w Gy _ oC. L: 7 ? v J l! > x 0 of E i L [ a c? Wbo ° ro a' v,° =x G b` z$ a 41 ° ro Hx L z F? 3' 0 y v 4 Ol a u ro 4J ro a 4J .r, A x W v Q? f r? S WJ tLn - •wiJ N ed a) ro a) ro a) v0W0004J 00W0 ccw0u > W4Jz a) a)4.) ro 0.0 a •.44.4 N aJy3a04JC C•'q (13 s? •rq (1) 4-1 w C C v :3 LJ 3 1r JJ Al.JolXw ?N•?al0roC uul a) a) J.J 0 -4 q E t, ul J-' a) a) N 'r4 N v f>+ 0 z 1J ON C E> a) rO Ll 44 0 Ln v[ ?r0NUroro ° a 4) r, ,ouN4'-+ c roA-4 C'4 a In Ln jJ E01a) a)4) ca'Na)0 U 4-) CNL4 ?p,4a)4C o?,c C -4 V %4 44 uc C 4J 4) H a roro-.4 'a a c•a 0a4,? ? N v oav o 4J U 4 'E 4J tJ 4 ?t t!) ?+ A ar ro C 0 4J (a (D C W La 4j "J a) to U to 0 w iJ a) 4 C ro 4aJC-1?rouLz4J41 0044 ro a 4J Ll00 0 -4 C 4J -r- ma,aoa, c wx Ca% OCm J; uN JJ N0 4J Ei va)tJ0U 11 CCC004J03 L H Uro um"Ja) 4J 0 a)UwaJ0 as to CC N S4 -C w N c z H aJITLS C3?Cp ro n4) W y?V?'OCT4z0) 00co ra ) :3 c e- 41 C4J4jV C C ro a CtJ r N C C #0 to LJVj4J y, 0 C C ..a4N N •C a) N rowu41J.O?[roW1JSri 00004JN0, x.a NLi ro ?+ m a y ko u c a to ou 4) cro a, v N 0) LnEQ p UC V-q aJa0C>roJJco a)N wN 0 ro bJ .r4 tJ ro ro c a, N Ls o C?.?? ro?.? O+Aw4 s°w ?'? Z H NIC E JJ VE k z 4, aJ .,j 7 ?N 00 U) roa)v , a, ZCg 001 a)a101ro-q N3C iJ H 1JroUOr u44 Ln L O N L Wr+ W 0, .0 roatDrn 0 0 ?w W 0 -4 W ?D N a) a) ro LJ -C U) L > 0 tJ JJ al JJ 11 3O u uoLi EWV41:3Ja-,c,J (n •4 a1NC0)0r+00Nc01CO mC'D -C a)ro0) uCNra•14 a) -•4a)Cw 34J'OXV wHHw Erow u u ro 0 V IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC086-N-065-0485 Mr. Lyman P. Usher Post Office Box 1059 Carolina Beach, North Carolina 28428 Dear Mr. Usher: RECEIVED S E P 0 1 1986 WATER QUALITY SECTION OPERATIONS E ',IrH Reference your plans to place fill material in isolated wetlands adjacent to the Cape Fear River, north of Snows Cut, for the purpose of constructing an access road, New Hanover County, North Carolina. A Department of the Army permit, pursuant to Section 404 of the Clean Water Act, must be issued prior to the placement of any fill material in wetlands. Before this Federal permit can be issued, a Section 401, Clean Water Act, Water Quality Certification must be obtained from the North Carolina Department of Natural Resources and Community Development, Division of Environmental Management. This certification should be available prior to October 28, 1986. Mr. William Mills, telephone (919) 733-5083, can be contacted regarding this required State authorization. Questions regarding the Corps of Engineers regulatory program way be addressed to Ms. son rno , Regulatory ranc , telephone (919) 343-4634. Sincerely, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 28, 1986 Charles W. Hollis Chief, Regulatory Branch -2- 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. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 28557 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