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HomeMy WebLinkAbout19860263 Ver 1_COMPLETE FILE_19860406 April 25, 1986 Commanding General, Code LMN Marine Corps Air Station Cherry Point, NC 28533-5000 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Improvements to Target Range Piney Island Bombing Range (BT-11) U. S. Marine Corps Carteret County Dear Sir: Attached hereto are two (2) copies of Certification No. 1909 issued to U.S. Marine Corps dated April 25, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely ours, "'V;*7111al Signed ?y vtilliarn C. Mills i° W R. Paul Wilms cc: Wilmington District Corps of Engineers Wilmington Regional Office Mr. William Mills Mr. David Owens 1 1444-0141 NORTH CAROLINA Carteret 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. Marine Corps pursuant to an application filed on the 31st day of January, 1986 to make improvements to the strafing target range at Piney Island. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Jack's Bay Channel in conjunction with the proposed target improvements in Carteret 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 hydraulic dredge spoil pumped directly into the project is prohibited without the construction of earthen dike walls and suitable flashboard riser and flow control outlet. 3. That only dewatered spoil is permitted within the site confines. 4. That silt fences shall be constructed behind the retaining walls prior to backfilling. 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 25th day of April, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT 069inal Signed By 1"Iianl&p M461 Wilms, Director WQC# 1909 I?cQr April 25, 1986 Commanding General, Code LMN Marine Corps Air Station Cherry Point, NC 28533-5000 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Improvements to Target Range Piney Island Bombing Range (BT-11) U. S. Marine Corps Carteret County Dear Sir: Attached hereto are two (2) copies of Certification No. 1909 issued to U.S. Marine Corps dated April 25, 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 NORTH CAROLINA Carteret Countv 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. Marine Corps pursuant to an application filed on the 31st day of January, 1986 to make improvements to the strafing target range at Piney Island. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Jack's Bay Channel in conjunction with the proposed target improvements in Carteret 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 hydraulic dredge spoil pumped directly into the project is prohibited without the construction of earthen dike walls and suitable flashboard riser and flow control outlet. 3. That only dewatered spoil is permitted within the site confines. 4. That silt fences shall be constructed behind the retaining walls prior to backfilling. 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 25th day of April, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed By William C. Mills For R. Paul Wilms, Director WQC# 1909 DIVISION OF ENVIRONMEA IM E? E March 25, 1986 MAR 2 7 1986 M 'K4nRANNUTM TO: Bill Mills Operations Branch FROM: Michael F. Williams L?- Wilmington Regiona Office THROUGH: A. Preston Howard, Jr. Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Marine Corps Air Station - Cherry Point Carteret County l'?f i r iir!i111 S-C- OPERATIONS BRANCIA The applicant proposes to maintain an existing bombing target site for.refilling a 400' x 150' area of irregularly flooded salt marsh which is void of vegetation due to 20 mm and 30 mm projectile impacts. The site is located adjacent to Jack's Bay Channel, classified SA. The project has been reviewed to determine impacts to water quality. The following information is provided: 1. A 401 Certification will be required, and should contain the following conditions: a. Hydraulic dredge spoil pumped directly into the project site is prohibited without the construction of earthen dike walls and suitable flashboard riser and flow control outlet. b. Only dewatered spoil will be permitted within the site confines. C. Silt fences shall be constructed behind the retaining walls prior to backfilling. 2. It appears that the project exceeds the EMC policy of no more than '1/2 acre fill without prior declassification of the waters by the EMC. However, it also appears that the proposed action is a maintenance project of an existing facility, and the proposal would help to protect adjacent waters from the effects of shelling. According to the abstract, the saltmarsh has already received extensive damage due to target range usage. MFW:kc cc: Wilmington Regional Office Central Files s DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers E E V I'1 Post Office Box 1890 ?..! Wilmington, North Carolina 28402-1890 F E 8 2 1986 SAWC086-N-016-0132 PUBLIC NOTICE Febru TE"Q?1A91IN SECTION OPERATTIIJONl1S' ?rSRANCfi COMMANDING GENERAL, Code LMN, Marine Corps Air Station, Cherry Point, North Carolina 28533-5000, has applied for a Department of the Army permit TO MAKE IMPROVEMENTS TO THE STRAFING TARGET RANGE AT THE PINEY ISLAND BOMBING RANGE (BT-11), Cherry Point, Carteret 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 400-foot by 150-foot retaining wall directly behind the actual target. The interior of the retaining wall structure will then be backfilled with approximately 12,500 cubic yards of sand excavated from the Jacks Bay.Channel dredging project. The project site is an irregularly flooded saltmarsh, comprised of Spartina cynosuroides and Juncus romerianus, which has been badly disturbed and essentially stripped of vegetation by repeated impact of 20mm and 30mm practice ammunition over the years. Presently the site is a safety hazard due to a high incidence of ricocheting from buried spent projectiles. The newly created target site is to be routinely manicured by a beach sifting machine to eliminate spent projectiles thereby eliminating the present safety hazard. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina a Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. 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: - The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. Nq 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. -2- 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 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 -3- 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 April 18, 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 March 24, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. David Baker, until 4:15 p.m., March 20, 1986, or telephone (919)-343-4642. L. Warren Lieutenant Colonel, Corps of Engineers Deputy District Engineer LOCATION MAP SCALE OF YILEi Pia P? Q? f? ?P • 500' TARGET AREA c WORK PINEY EXI:57 • 12' WIDE RQAD (TYP) 1-1 'k lek 41 MAINTENANCE BUILDING t DOCK' BT i I AERIAL SLAND ? TARGETS COMPLEX ?• vw• zow - 4coo 6• ao=' - GRAPHIC SCALE PROPOSED MAINTENANCE ON 500' TARGET AT BT-11 ` -- BY. MCAS CHERQ-Y POINT , N. PINEY ISLAND CARTERET COUKTY DATE: 12-30-85 DR*MG TAYLOR 1 OF 2 ED S'-C" HIGH TREATED 1iA460D RETAI NI NGI WALL PERMANENTLY INSTAL-LED t3 0 EXIST. CANAL- TY 41 +3.0 ecsr RQAD TARGET ao A JN 150' AREA REQUIRING NEW FILL E AREA OF PROPOSED BERM 4- PLAN 500' TARGET EXIST: DIKE DCIST. CANAL ExI57. -- GRADE 5EGTION A-A o sa' ao' 2=' 900' 4=' 500' ACV goo' goo' SCALE I"= 250' EXIST. RAp F TAMET PROWSm j RETAINING WALL Od - - - l ..? EXET. GRADE I "M -? - FILTER PROPOSED FILL FABRIC ESTIMATED VOL. OF FILL MATERIAL=12,00 GY O' loo' .200' -000' 40V Soo' 600' 700, -SCALE 7" • -=' HOR17- PRDP05ED MAINTENANCE ON 5CO' TARGET AT BT-11 ` 5Y MGAS..GNERkY POINT, N.C. 'ICY ICI AAIM rAPJTC'DL-T' /'nlIAIT%V r\A=. fl177• Mr TAVI nD 0 ?- DIVISION OF ENVIRONMENTAL MANAGEMENT March 25, 1986 MEMORANDUM TO: Bill Mills Operations Branch FROM: Michael F. Williams 'Wilmington Regional Office THROUGH: A. Preston Howard, Jr. Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Marine Corps Air Station - Cherry Point Carteret County The applicant proposes to maintain an existing bombing target site for.refilling a 400' x 150' area of irregularly flooded salt marsh which is void of vegetation due to 20 mm and 30 mm projectile impacts. The site is located adjacent to Jack's Bay Channel, classified SA. The project has been reviewed to determine impacts to water quality. The following information is provided: 1. A 401 Certification will be required, and should contain the following conditions: a. Hydraulic dredge spoil pumped directly into the project site is prohibited without the construction of earthen dike walls and suitable flashboard riser and flow control outlet. b. Only dewatered spoil will be permitted within the site confines. c. Silt fences shall be constructed behind the retaining walls prior to backfilling. 2. It appears that the project exceeds the EMC policy of no more than 1/2 acre fill without prior declassification of the waters by the EMC. However, it also appears that the proposed action is a maintenance project of an existing facility, and the proposal would help to protect adjacent waters from the effects of shelling. According to the abstract, the saltmarsh has already received extensive damage due to target range usage. MFW:kc cc: Wilmington Regional Office Central Files 40 f I & 3/?? ' en2 . s'l4' SAWC086-N-016-0132 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 PUBLIC NOTICE RECEIVED FEB 24 1986 Febru9TPERW?LgI SACT10f? OPERATIONSI YBRANCEi COMMANDING GENERAL, Code LMN, Marine Corps Air Station, Cherry Point, North Carolina 28533-5000, has applied for a Department of the Army permit TO MAKE IMPROVEMENTS TO THE STRAFING TARGET RANGE AT THE PINEY ISLAND BOMBING RANGE (BT-11), Cherry Point, Carteret 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 400-foot by 150-foot retaining wall directly behind the actual target. The interior of the retaining wall structure will then be backfilled with approximately 12,500 cubic yards of sand excavated from the Jacks Bay Channel dredging project. The project site is an irregularly flooded saltmarsh, comprised of Spartina cynosuroides and Juncus romerianus, which has been badly disturbed.and essentially stripped of vegetation by repeated impact of 20mm and 30mm practice ammunition over the years. Presently the site is a safety hazard due to a high incidence of ricocheting from buried spent projectiles. The newly created target site is to be routinely manicured by a beach sifting machine to eliminate spent projectiles thereby eliminating the present safety hazard. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. 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: - The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. 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. -G- 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. = 5 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 19.73. 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 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 4w; 0 -3- 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 April 18, 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 March 24, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. David Baker, until 4:15 p.m., March 20, 1986, or telephone (919) 343-4642. vLl 'Warren- Lieutenant Colonel, Corps of Engineers Deputy District Engineer EO 3 '- O" HIGH TREATED WOOD RETAINING WALL PERMANE MLY INSTALLED *3.0 EXIST. CANAL- n 41 A JN 150' AREA REQUIRING NEW FILL E AREA OF PROP05ED BERM Y.- +3, D PLAN 500" TARGET EXIST, BIKE EXIST: CANAI_ EXIST. -- GRADE _ 5ECTION A-A o 5b' mo' '" goo' 400' 500' 6m - 700' em' SCALE 1"= 250' EXIST, MAD E TARGET PROPME.D E ERN .. inr?• . RETAINING WALL I r ECISr GRADE FILTER ?. PROPOSED FILL FABRIC E5TIMATED VOL. OF FILL MATERIAL=tZA00 CY of Too' 200' moo' goo' Soo' [moo' goo' -SCALE V* 200' HORIZ. _ PROF06ED MAINTENANCE ON 500' TARGET AT BT-11 ` BY MCA 5 :_CHFR2 Y P01 W, N. G. PINEY ISLAND CARTERET COUNTY DATE=12-30-85 DR: MG TAYLOR 2 OF z Dan RAAD ? TARGET