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HomeMy WebLinkAbout19860255 Ver 1_COMPLETE FILE_19860519IN REPLY REFER TO Regulatory Branch RECEIVED DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 April 7, 1986 SUBJECT: File No. SAWC086-N-010-0216 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: APP 0 9 3986 WATER QUALITY SECTION! OPERATIONS BRANCH . Enclosed is the application of Military. Ocean Terminal, Sunny Point for a Department of the Army permit and a State Water Quality Certification to place fill materials in wetlands of a Carolina Bay area off the Cape Fear River, Brunswick 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 June 2, 1986, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 343-4467. Sincerely, E t W. Ho is Regulatory Branch Enclosure s f>` It 4a 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. Rob Moul Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 ENVIRONMENTAL ASSESSMENT (EA) AND FINDING OF NO SIGNIFICANT :IMPACT (FNSI) CONSTRUCTION. AND MAINTENANCE OF SUBSTATION ROAD AND STAGING AREA AND EQUIPMENT MAINTENANCE SHED MILITARY OCEAN TERMINAL, SUNNY. POINT BRUNSWICK COUNTY, NORTH CAROLINA 1. PURPOSE AND NEED FOR THE PROPOSED ACTION. The Military Traffic Management Command, Military Ocean Terminal, Sunny Point (MOTSU), Brunswick County, North Carolina, proposes to upgrade and pave approximately 2 miles of existing unimproved roads, construct a staging area and a rail spur at the terminus of Hardstand Road, adjacent to Track No. 3, and construct and maintain an equipment maintenance shed near the Administration Area (figure 1). The purpose and need for the proposed'action is to improve the.exist ing facilities and mission capabilities at MOTSU. 2. DESCRIPTION OF THE PROPOSED ACTION. Approximately 2 miles of. existing unimproved road from the Administration Area to a point adjacent to Track No. 3 will be upgraded and paved, as shown on figures 1 and 2. Most of this project will follow the existing alignment of Substation Road except for the curve adjacent to the electrical substation. The existing curve at. this point is too sharp for safe transit of large vehicles. Just under l acre of woodland will be removed to accomodate the new alignment. An on site investigation revealed that the area was a pocosin-which has been ditched and planted in loblolly pines. These trees average 5" to 7" in diameter with a maximum diameter ofabout..10"...-No wetlands exist on thks 1 acre site. Hardstand Road will be paved and a staging area and rail spur will be constructed at its terminus along Track No. 3. Approximately 1.2 acres of woodland will be cleared. Construction will consist of approximately 1,400 linear feet of rail spur, including two number 10 turnouts adjacent to Track 3; 782 linear feet of concrete retaining wall grading and drainage; grassing; and 2,000 linear feet of electrical, pole and line including hardstand lighting (figure 2). About 1 acre of the woodland area to be cleared for the staging area at the terminus of Hardstand Road is a Section 404 (P.L. 95-217) isolated wetland (Carolina Bay). The primary vegetation existing in the wetland area includes; Pond pine (Pinus serotina), Fetterbush (Lyonia lucida), Loblolly Pine (Pinus j ?r 4 taeda), Wax myrtle (Myrica cerifera), Gallberry (Ilex lg abra), and Greenbrier (Smilax sp.). A source of fill material will be necessary in order to construct this project. The area proposed as a borrow site is located southeast of the main entrance road. The site, is vegetated with longleaf pines and turkey oaks. A disposal site for debris removed during clearing and grading is located just south of Brunswick Road, west of center wharf. The area has been previously used for disposal and consists mainly of sand and small shrubs. See figure 1 for locations of. the proposed borrow and disposal sites. An equipment maintenance shed is proposed to be constructed near the Administration Area (figure 3). This project will in- clude a building, parking area, nitrification field, and borrow area. Most of the construction will take place in a gravel surfaced area now being used for vehicle parking and equipment storage. Approximately 0.3 acre of long leaf pine woodlands will require clearing. The borrow area borders a wetland area which will not be impacted by the project. 3. ALTERNATIVES CONSIDERED. No alternatives other than "no s action" exist for the proposed action. The "no action"'alterna- tive would mean that MOTSU facilities would not be improved. 4. ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION. A. Water Quality. A Section 401,(P.L. 95-217) Water Quality Certificate has been requested from the North Carolina Division of Environmental Management and a Section 404 (P.L. 95-217) permit will be obtained prior to construction in the wetland area (Carolina Bay) located in the proposed staging area at the. ter minus of Hardstand Road. B. Wetlands. Approximately 1 acre of isolated wetlands, as defined in Executive Order (E.O.) 11990, Protection of Wetlands, will be destroyed during construction of the staging area at the terminus of Hardstand Road. The wetland is inundated by surface and ground water. The wetland area was disturbed during-construc- tion of Track No. 3. No practicable alternatives to filling the E.O. 11990 wetlands exist and all practicable measures to minimize impacts to the wetland have been incorporated in the proposed plan. C. Archeological/Historical. Area soils were observed to be .highly reordered and eroded due to timber harvesting and planting. Surface visibility varied--from near 0% to near 100%. No surface 2 artifacts were noted and no cultural resources are expected to be encountered. No subsurface testing was recommended. D. Endangered and Treatened Species. By; way of a letter dated February 21, 1986, to the U.S. Fish and Wildlife Service,' Endangered Species Field Station, Asheville,:.North Carolina, the District requested concurrence/nonconcurrence with the determina- tion that the proposed work will not affect endangered; or threatened species, specifically, the red-cockaded woodpecker. In early March, the Service related to the District by telephone that the Substation Road and Staging Area project may affect the red- cockaded woodpecker but a no jeopardy biological opinion would be prepared. The improvement of the curve adjacent to the electrical substation will require removal of a small strip of trees to accomodate the new alignment. This area is probably within the. _ home range of MOTSU easement Red-cockaded Woodpecker colony No. 1. MOTSU colony No. 7, which is also in the vicinity, has been unoc- cupied in recent years. Due to the small amount of habitat affected and its occurence adjacent to an area which is already disturbed, the removal of these trees is not likely to affect the future viability of MOTSU easement colony No. 1. The required clearing of 1.2 acres for the construction of the staging area is in the 246.6 acre home range of MOTSU colony No. 6. -Since this project requires little land clearing and occurs in an area which is already disturbed, no impacts to the red-cockaded,woodpecker are anticipated. The construction of the equipment maintenance shed will not affect endangered or threatened species. The work is not within the home range of any of the MOTSU or MOTSU easement red-cockaded woodpecker colonies. On March 10, 1986 a concurrence of no effect was received from the Service for the proposed equipment main- tenance shed.' 5. AGENCIES AND PERSONS CONSULTED. U.S. Army Corps of Engineers, Wilmington District, letter to U.S. Fish and Wildlife Service -requesting concurrence/nonconcurrence for the Substation Road and Staging Area and the Equipment Maintenance Shed, dated-February 21, 1986. Personal communication, March 1986. Mr. David DuMond, subject: On-going study of MOTSU Red-cockaded Woodpeckers. U.S. Fish and Wildlife Service letter of concurrence on the Equipment Maintenance Shed,.dated March 10, 1986. 3 FINDING OF NO SIGNIFICANT IMPACT (FNSI). 1. Name of Action. Construction and Maintenance of Substation Road and Staging Area and Equipment Maintenance Shed. 2. Description of Action. Reference paragraph 2 above. 3. Alternatives. Reference paragraph 3 above. 4. Anticipated Environmental Effects. Reference paragraph 4 above. 5. Conclusion. The proposed action will not significantly affect the quality of the human environment; therefore, an environmental impact statement will not be prepared. Commanding DATE. 4 j hYJJ0.1 .k, Ml7(/ h ??? `? 47 r e f A W ce i fig 9a ;, _? 46.ao:_ 1 ZYI' . ( \ ..ti ? / , '• f.:'_t 111 ,t:? iSf+% ^ i 1 C 4 I ??)? ] O'er ' rrrr ?; J \ ' '•/ : ", 14 W ? •. ? a ,. ; ' r?~wy.. .1 114.. ? ? :, \ t s... ,,, tit er, .+l I' 1~???^ 1 ? ?I r ? 1 ' , w 1 \ tk. ? .I ?Cj? ) ? Ifs \ t I' (? f >u 1 r ` L ' \ ...• •' yam/ ,/ i 1. j ? r ' ?' \ N r9 t r?1.? e? 16 LLJ to inlgr f js v S` o d e fs + .. ?; ? b J - I? S r ! I O 1 I I' o I I t ?o II o, ° N I Mi4•r N IMfN It r 40.91 rit It [ t h k IS ` pp ? y z f- - a ,,II ° ? a?l• I ? ? ? l f R u t? ?i o \\ s a Zl I 'I rr An a o I d T Wt? ?` ° qq t -? < Y _ n .l rrf trot `\\ `* 0311MG fq 1M14. u i o uc -lroo•of ru ? S £ o Nc on ' r 6 w >i LrorsaON .... ";Q4,1111 "IA Mt nto, f Gi 721 ti 7a 1 SfA7F o ??AR n Maw ?• 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 May 23, 1986 R. Paul Wilms S. Thomas Rhodes, Secretary Director Col. Frederick Meyers, Jr. U. S. army Military Traffic Management Command Military Ocean Terminal, Sunny Point Southport, NC 28461 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Substation Road and Staging Area Military Ocean Terminal, Sunny Point Brunswick County Dear Col. Meyers: Attached hereto are two (2) copies of Certification No. 1922 issued to U.S. Army, Military Ocean Terminal, Sunny Point dated May 23, 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 Offi ce 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 NORTH CAROLINA Brunswick 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 U.S. Army, Military Ocean Terminal, Sunny Point pursuant to an application filed on the 8th day of April, 1986 to place fill in a wetlands area of a Carolina Bay in conjunction with construction of Substation Road and Staging Area. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a Carolina Bay in conjunction with the proposed road and staging area in Brunswick 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 shall consist of clean upland material, free of any toxic residues. 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 23rd day of May,, 1986. DIVISION OF MMIRONMERM M*MGR4avT Original Signed By William C. Mills For R. Paul Wilms, Director WQC# 1922 srnr?, ww 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 May 23, 1986 R. Paul Wilms S. Thomas Rhodes, Secretary Director Col. Frederick Meyers, Jr. U. S. army Military Traffic Management Command Military Ocean Terminal, Sunny Point Southport, NC 28461 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Substation Road and Staging Area Military Ocean Terminal, Sunny Point Brunswick County Dear Col. Meyers: Attached hereto are two (2) copies of Certification No. 1922 issued to U.S. Army, Military Ocean Terminal, Sunny Point dated May 23, 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.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA Brunswick 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 U.S. Army, Military Ocean Terminal, Sunny point pursuant to an application filed on the 8th day of April, 1986 to place fill in a wetlands area of a Carolina Bay in conjunction with construction of Substation Road and Staging Area. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a Carolina Bay in conjunction with the proposed road and staging area in Brunswick 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 shall consist of clean upland material, free of any toxic residues. 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 23rd day of May,.1986. DIVISION OF ENVIRAL MANAGRMENT Original Signed By William C. Mills For R. Paul Wilms, Director WQC# 1922 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWCO86-N-010-0216 PUBLIC NOTICE 10 April 1986 DEPARTMENT OF THE ARMY, MILITARY TRAFFIC MANAGEMENT COMMAND, represented by Colonel Frederick E. Myers, Jr., Military Ocean Terminal, Sunny Point, Southport, North Carolina 28461, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WETLANDS OF A CAROLINA BAY NEAR SOUTHPORT, in Brunswick 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 construction of a staging area and rail spur. Approximately 1-acre of woodland (Carolina bay) will be cleared and filled for the staging area. An estimated 2,500 cubic yards of earthen material will be placed in wetlands. Plant species present at the site include Pond Pine (Pinus serotina), Fetter-bush (Lyonia lucida), loblolly pine (Pinus taeda), Wax Myrtle (Myrica cerifera), gallberry (Ilex labra), and greenbrier (Smilax sp.). The bay has been previously disturbed during construction of the main rail line. The purpose of the project is to improve the existing facilities and mission capabilities of MOTSU. 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. V f -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. 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. -3- The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after May 6, 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 April 28, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m., April 26, 1986, or telephone (919) 343-4467. Wayne A. Hanson Colonel, Corps of Engineers District Engineer n .. I?,I ? ???. 1 V ? ? u? FA? •• •• i , I 1 • ?, ?a r. Y .S' Now .O ` ?l '1 111 • ? ,•'' d•?' \?` ?? 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I 4,6 tVAZ DEPARTMENT OF THE ARMY MILITARY TRAFFIC MANAGEMENT COMMAND HO, MILITARY OCEAN TERMINAL, SUNNY POINT SOUTHPORT, NORTH CAROLINA 28461-5000 REPLY TO ATTENTION OF: 0 1 APR. 19M Office of the Commander er... Mr. R. Paul Wilms, Director Division of Environmental Management N. C. Department of.Natural Resources and Community, Development P. 0. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Wilms: Enclosed is an application for water quality certification pursuant to Section 401 of PL 95-217 for discharge of fill material into an isolated wetland (Carolina Bay), within the Military Ocean Terminal, Sunny Point (MOTSU), Brunswick County, North Carolina. If you have any questions, please contact Mrs. Trudy Wilder, Water Quality Section, Environmental Resources Branch, Wilmington District, U. S. Army Corps of Engineers, at (919) 343-4581. Sincerely, 4 r? Enclosure rederickF. ers, Colonel, TC Commanding *** TERMINAL OF EXCELLENCE ** A 6 io /V APPLICATION FOR WATER QUALITY CERTIFICATION r STATE OF NORTH CAROLINA DATE: March 25, 1986 NAME: Military Traffic Management Command Military Ocean Terminal, Sunny Point Southport, North Carolina 28461 'RESPONSIBILE INDIVIDUAL: Frederick F. Meyers, Jr. Colonel, TC Commanding PROJECT NAME: Substation Road and Staging Area, Military Ocean Terminal, Sunny Point, Brunswick County, North Carolina NATURE OF ACTIVITY: Clearing, filling, and paving of an isolated wetland (Carolina Bay) during construction of a staging area DISCHARGE OF: Fill Material PROPOSED ACTIVITY TO BEGIN: FY 86 LOCATION OF DISCHARGE: Municipality: County: Drainage Basin: Receiving Waters: Point of Discharge: N/A Brunswick N/A None Isolated wetlands NATURE OF RECEIVING WATERS: Type: Isolated Wetlands (Carolina Bay) Nature: Fresh Direction of Flow: Not Applicable TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION, QUANTITY, FREQUENCY, TEMPERATURE AND KINDS AND QUANTITIES OF POLLUTANTS OR CONTAMINANTS: Approximately 1 acre of an isolated wetland (a segment of a Carolina Bay which is vegetated with long leaf pine, pond pine, sweet bay, red bay, greenbriar, and fetterbush) will be cleared, filled, graded, and paved during construction of a staging area adjacent to rail track no. 3. Fill material will be obtained from a site located southeast of the main entrance to MOTSU. Debris will be disposed of in a disposal area located south of Brunswick Road, just west of center wharf. Reference the attached figures. No pollutants or contaminants will be introduced, relocated, or increased. ? r PROJECTED FUTURE VARIATIONS IN THE NATURE OF THE DISCHARGE: None TYPE, DIAMETER OR CROSS-SECTION AND LENGTH OF CONVEYANCE OF FILL: Clearing, filling and grading of the isolated wetland will be performed by bulldozers and other earth moving equipment. Paving and laying of concrete will be done by pavers, rollers, and other necessary equipment. NAMES AND ADDRESSES OF ADJOINING RIPARIAN OWNERS: Not applicable. I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. Attachments FREDERICK F. MEYERS, JR. Colonel, TC Commanding 2 .I .l 9 } f QG N m ''\ 99. 2 v1s ° J m p c a W n ? , or 30 - a Q 9.L 3 ? _ _ \ 11W4eni 01 OV - IL, 9'tl15 ? ° ' Si ¢° ? Q ? 1\ `J - a °_ _ ; f l NO11M5 i01NlOd i? O N I J g V N ? o o w m ,, I I ;' m . . m w ? ? I I ? II W ? I ? II - n f I I ? acu.e vls y w i_J f i ! ? ?' ! ? ? ? e H?11MS.o 1NIOa ;r '00.0t tlas , e W ? °i P F j ? e l N w I O ? I z E- ? a aj s J W U o: e? a 22 ? \o J aoF ,?K ? : 00, SI'915B ? ? ? - I ? .9B .L .Ol£ Id -z I ' w e= ww • ? J F ? pp * N011M5 i01N10d 110 ` a N M , a 00. OZ rou . g - 1f10Ne01 01 ON OF. I v , H311M5 10 1NIOd I I I SS'22, t2 the ))1S Td Q I DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM DATE: May 22, 1986` V ED, TO: Bill Mills ; j Operations Branch V FROM: David. H. Cotton S?LC770;? Wilmington Regional Office THROUGH: A. Preston Howard, Jr. Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Department of the Army Military Traffic Management Command - Sunny Point Brunswick County The applicant proposes to fill approximately 1 acre of isolated wetlands of a Carolina Bay near Southport in Brunswick County. The project has been reviewed to determine the impacts to water quality. The following comments are provided : 1. The project will require a 401 certification, and should contain the following condition; that the fill material shall consist of clean upland material, free of toxic materials. 2. This office has no objections to the project, providing that the above condition is met. DHC : kc cc : WiRO CF v ? DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC086-N-010-0216 PUBLIC NOTICE I".. MAY 12 1986 WILMINGTON REGIONAL OFFICE 10 Ap[TM986 DEPARTMENT OF THE ARMY, MILITARY TRAFFIC MANAGEMENT COMMAND, represented by Colonel Frederick E. Myers, Jr., Military Ocean Terminal, Sunny Point, Southport, North Carolina 28461, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WETLANDS OF A CAROLINA BAY NEAR SOUTHPORT, in Brunswick 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 construction of a staging area and rail spur. Approximately 1-acre of woodland (Carolina bay) will be cleared and filled for the staging area. An estimated 2,500 cubic yards of earthen material will be placed in wetlands. Plant species present at the site include Pond Pine (Pinus serotina), Fetter-bush (Lyonia lucida), loblolly pine (Pinus taeda), Wax Myrtle (M rica cerifera), gallberry (Ilex labra), and greenbrier (Smilax s p.). The bay has been previously disturbed during construction of the main rail line. The purpose of the project is to improve the existing facilities and mission capabilities of MOTSU. 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. 0, el 9 V -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. j 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 fon 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. 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. -3- The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after May 6, 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 April 28,• 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined be received in this office, Attention: (Mr. Ernest Jahnke, until April 26, 1986, or telephone (919) 343-4467. Wayne A. Hanson Colonel, Corps of Engineers District Engineer above, will 4:15 p.m., 70 I . I All ••, , •r) •.. \' .?a•&-------- j Nile. 1 , ? ? .. ? i; ti •• ?? '? ? .? '? >•' ? ? ,? t`? r•? 1-111 .., 2 1 ^? I m jf`?,ti, -S _? -? c% LAS ..• ?. •' `?: ; -?. a j' •i• ' ? I I I i r :?, /r,y '?y?L1•• ? it-? ?• ,I ???.J . ?`_ }` i'`. m .. I } i 'j?' I ``tea'" <?`? ?? • ? •' - A' ..• I tl ?f ., i / P 71 Ii :I it i I` t I I , av ? o> X1 ::. Lz '- I Il?• I I ?I -I! I M I I 1 I I.1 a I, J1+ i . f i f j ! t } fTl •to •° q tWg1T ? ? ° S ? Qa f. ST• r0 •00 . ? sn ?,?• o e 3 iLIF - \ ` \1 St 10 !?'??_? \\ \?\ it - C 'yl 11 I \\ \ y SI t ?jr;? \ t lily I 8.- \:\ a I a j s i . ! . sT• .o.oo --? - • d p i I'I'• h a: I I i i •? ?! n v ? S (ii _ ? ? e 7 ?$ ? I c a _ R^ fit °