19860266 Ver 1_COMPLETE FILE_19860826

.v A M. STATE ,y
_ R E C.
•?a,.M?•• S-° 2 4 1?g6
vqi%' R' QUALITY z'UdT101"l
State of North Carolina GPFa i i0r1S- 1'r
Deorrtment of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street 9 Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary September 25, 1986 Director
Brigadier General J.
Commanding General
MCAS, Cherry Point,
Attention: Code LN
Dear General Mead:
M. Mead
North Carolina 28533
The State has completed its review of the Consistency Determination
dated July 2, 1986 for the proposed new bridge and access canal at Piney
Island Bombing Range (BT-11), Carteret County, North Carolina. The
purpose of this proposed work is to provide safer transport of target
boats, access to scoring towers and for maintenance of existing bombing
targets.
Based upon our review, we agree with your determination that the
proposed project is consistent with the.North Carolina Coastal Management
Program.
Our concurrence is conditioned on the following:
1. If the proposed dredging is done between March 31 and September
30, that the North Carolina Division of Marine Fisheries be
contacted at least two weeks prior to the onset of dredging to
insure that no significant fisheries resources will be impacted;
2. That the bridge access ramps be properly graded and provided a
ground cover within thirty (30) days of project completion; and,
3. That a 401 Water Certification be issued by the North Carolina
Division of Environmental Management prior to the onset of
construction.
Should you have any questions regarding our concurrence or the
conditions outline above, please contact Steve Benton, Division of Coastal
Management, at [phone].
Sincerely, p
vid W. Owens
cc: C. Division of Environmental Management
N. C. Division of Marine Fisheries
USC0E-?blS;j?AP%leigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
September 30, 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 Bridge Construction
Piney Island Bombing Range
U.S. Marine Corps
Jacks Bay and Rattan Bay
Carteret County
Dear Sir:
Attached hereto are two (2) copies of Certification No. 1980
issued to U.S. Marine Corps dated September 30, 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 .
c
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 23rd day of June, 1986 to construct a
bridge and excavate an access channel.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Jacks Bay
and Rattan Bay in conjunction with the proposed bridge construction 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 fill material shall be clean and free
of any toxic materials.
3. That appropriate sedimentation and erosion control
facilities should be in place prior to filling.
4. That the fill slopes shall be stabilized with
vegetation soon after completion.
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 30th day of September, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
orisinal Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 1980

I
September 30, 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 Bridge Construction
Piney Island Bombing Range
U.S. Marine Corps
Jacks Bay and Rattan Bay
Carteret County
Dear Sir:
Attached hereto are two (2) copies of Certification No. 1980
issued to U.S. Marine Corps dated September 30, 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
st
4
°+ 3
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 23rd day of June, 1986 to construct a
bridge and excavate an access channel.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Jacks Bay
and Rattan Bay in conjunction with the proposed bridge construction 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 fill material shall be clean and free
of any toxic materials.
3. That appropriate sedimentation and erosion control
facilities should be in place prior to filling.
4. That the fill slopes shall be stabilized with
vegetation soon after completion.
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 30th day of September, 1986.
OrigiDdiMpOd W ENVIRONMENTAL MANAGEMENT
William C. Mills
For
R. Paul Wilms, Director
WQC# 1980
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DIVISION OF ENVIRONMENTAL MANAGEMENT

MEMORANDUM

DATE:
September 23, 1986 Q r.-
` 2 9
TO: Bill Mills 1;'
DPEwi `,;=="TtO?.r
Operations Branch
FROM: David. H. Cotton
°
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ic
•f
Wilmington Regional e
THROUGH: A. Preston Howard, Jr.
l Offic
i
e
ona
Wilmington Reg
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and /or Fill
Marine Corp Air Station - Piney Island
Carteret County
The applicant proposes to excavate an access channel, remove an
existing culvert, and construct a bridge. The project will provide
channel access from Jacks Bay to Rattan Bay both classified SA and open
to shellfishing. The project has been reviewed to determine impacts to
water quality. The following comments are offered:
1. The project will require a 401 certification for the filling of
the marsh area adjacent to the bridge approaches. The
certification should contain the following conditions.
a. That the fill be clean, free from any toxic material.
b. That erosion control measures should be in place prior to
filling.
c. That the approach embankment should be stabilized with
vegetation soon after completion.
d. That the turbidity outside of the immediate construction area
not exceed 50 NTU.
This office has no objection to the project as proposed provided the
above conditions are met.
DHC:kc
cc: DCM - Stephen Benton
WiRO
CF

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SAWC086-N-016-0409
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
PUBLIC NOTICE

July 17, 1986
a
COMMANDING GENERAL, CODE LMN, MARINE CORPS AIR STATION, CHERRY POINT,
NORTH CAROLINA 28533-5000 has applied for a Department of the Army permit
TO EXCAVATE AN ACCESS CANAL, REMOVE AN EXISTING CULVERT, AND CONSTRUCT A
BRIDGE OFF OF RATTAN BAY AT THE PINEY ISLAND BOMBING RANGE (BT-11), IN
Carteret County, NC.
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 excavation of approximately 1,250 cubic yards of sand and
organic materials from a 110-foot by 40-foot by 8-foot mean low water canal
area to connect Rattan Bay to an existing canal system which eventually
connects into Jacks Bay. A suitable portion of the excavated material will be
utilized for approach fills to a Bailey-type steel bridge which will cross the
proposed canal, with the remaining-excavated material to be disposed of within
an upland diked disposal site located on the island. Fill discharged for the
necessary side slopes on the bridge approaches will cause the loss of
approximately 0.05-acre of mixed Juncus roemerianus and Spartina sp. marsh.
The purpose of the work is to promote efficient Marine Corps training by
allowing radio-controlled target boats to use the present canal system for
access to the target area in Rattan Bay. The boats presently must be ferried
around either the north or south sides of Piney Island which during windy or
inclement weather presents risk to the boat and/or operator. 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.

-2-
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 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.
c. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolinal'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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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.
Th?-.DT-s-trig-En ineer
based-.on aa.,xevi,ew_.?of--dsta..fu?st?ed.,.=: .-_._ .
bx_lthe applicant and on6ite observations, that the activity will not"'affect
species :or-__critical-habitat, designated as endangered or'-threatened
pursuant to the Endangered Species Act of 1973.
#

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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, aTe 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
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
August 26, 1986 .
All. persons desiring to make comments regarding the application for Clean
Water Act certification shouldq_so__in writing.delivered-to the.X46tth
Carolina nfia2•_Management, Post Office Box'-2'7687`, Raleigh,
-- North-Carotins- 27611-7687, on or before August 19, 1986, Attention:
Mr. Wihliam`Mi-. _ -

-4-
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.,
August 18, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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CONSISTENCY DETERMINATION
NEW BRIDGE AND ACCESS CANAL
PINEY ISLAND BOMBING RANGE (BT=11)
CARTERET COUNTY, NORTH CAROLINA
1. PROJECT DESCRIPTION. The Marine Corps Air Station, Cherry Point,
North Carolina, is proposing the construction of an access canal and a new
bridge at the Piney Island Bombing Range (BT-11), in Carteret County,
North Carolina. The access canal will be 40 feet wide and approximately
105 feet long, dredged to a depth of 8 feet below mean low water. The
canal will connect Rattan Bay with the existing canal system at BT-11.
The purpose of the canal is to allow radio-controlled target boats to use
the present canal system for access to the target area in Rattan Bay. At
present, the target boats must be ferried around either the north or south
sides of Piney Island to reach Rattan Bay from the Operations and Maintenance
Facility at Jacks Bay, on the opposite side of the island. During windy or
inclement weather, the 16 feet target boats cannot make the trip without
risk to the boat and/or operator. The bridge will be a steel Bailey-type,
and will cross the proposed canal. Access to the other side of the canal
is required to man the scoring towers and maintain several of the existing
bombing targets. Approximately 1250 cubic yards of material will be dredged
during the canal construction. Most of the material will be used to con-
struct the bridge approaches. Any remaining material will be deposited at
the upland site indicated on the drawings.
2. AREAS OF ENVIRONMENTAL CONCERN (AEC)
a. Management Objectives and Specific Use Standards. The project will
take place in the estuarine system and will affect:the following categories:
estuarine waters, estuarine shorelines, and coastal wetlands. It should be
noted that although the project affects three AECs, this is a small project,
affecting only small areas of each AEC. Project consistency with the manage-
ment objectives and use standards for each AEC will be discussed separately
below.
(1) Estuarine Waters. The basic management goal of'cori`servation
and utilization for maximum benefit is not violated by this project. The
only permanent impact on the estuarine waters of Rattan Bay will be an in-
crease in flow from the canal system that is presently connected only by
two small diameter culvert. The effect of this increase flow should be
positive because the canal system connects two similar ecosystems - Rattan
Bay and Jacks Bay. Increased water circulation between the bays will have
a beneficial impact on water quality in the canals and overall bay system.
The highest priority use standard for this AEC (conservation) will not be
violated.
{2) Estuarine Shorelines. The management objective of,--ennsur.ing
that cleve:lapirttirtt° rr-this AEC _is -compatible, with---the-valu-es--df-the- e?rtuarirre _.__.
system will not be--violated. In regard to the use standards:faT__this_:.AEC,
the project wild not:
Za)?_ De14troy any natural barriers to erosion (upland;, areas.- -
disturbed-during- construction -will -be revegetated)

(b) Create any large impervious surfaces or areas (roadways
created by the project are a replacement of presently existing roads, no
significant new impervious surfaces will be created).
(c) Violate the provisions of the Sedimentation Pollution
Control Act of 1973 (bridge approach slopes will be seeded).
(d) Have a significant adverse impact on estuarine resources
(see Section 2a(1), above).
(e) Interfere with public access or navigation; the project
is in an area that is currently restricted to government employees on offi-
cial business.
(f) Require extraordinary public expenditures for maintenance
or continued use.
(g) Cause damage to archaeological or historical resources; no
known archaeological or historical site exist in the project area according
to an archaeological study by ARC, Inc. completed in 1984.
(3) Coastal Wetlands. The management objective of conservation of
coastal wetlands is met in the context of reducing damage to wetlands to the
absolute minimum. The need to slope the sides of the bridge approaches will,
however, require the filling of approximately 0.05 acre of mixed juncus/
spartina marsh. In relation to the specific use standards for the coastal
wetland AEC, the second priority category (water-access required) applies to
this project.
b. General and Specific Use Standards for the Estuarine System. Pro-
ject consistency with the general and specific use standards contained in
15NCAC 7H .0208 is outlined below. Those sections that do not apply to this
project are omitted.
(1) Water Dependency. This project is designed to provide access
to Rattan Bay and; therefore, is water dependent.
(2) Consistency with Management Objectives. Consistency with the
management objectives is outlined in Sections 2a(1), 2a(2), and 2a(3), above.
(3) Suitable Alternative Sites. No suitable alternative site is
available that would result in a reduced impact to the AECs. All other sites
would require a much longer canal which will significantly impact coastal
wetlands.
(4) Water and Air Quality Standards. Water quality.will not be
impacted. The amount of fill involved is small. No permanent discharges
---- `will be created Air quality will not be affected.
(S_). _ Archaeological--and Historical Resources. No known archaeo 16 i _g cal-
or. historical --"resoutce'are in the -project area, according to 4 1984 `survey
.by ARC, Inc.
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(6) Siltation. Siltation of Rattan Bay will increase slightly for
a short period during construction. Long term sources of sedimentation pol-
lution will not be created.
(7) Stagnant Water. No stagnant water will be created. The pro-
ject will improve circulation by eliminating a dead-end canal system which
will have a beneficial effect on water quality.
(8) Seasonal Timing. No specific seasonal timing has been set for
construction.
(9) Navigation and Public Access. The waters affected by this pro-
ject are currently restricted to the public, therefore, public access and
navigation will not be affected.
(10) Canal Alignment. The canal alignment avoids regularly and
irregularly flooded marsh.
(11) Dredge Spoil. Dredge spoil will be deposited in an upland site
except for that used to construct a part of the bridge approaches as described
in Section 2a(3), above. That part of the dredge spoil not used to construct
the bridge approaches will be retained in an upland diked area. Bridge
approaches will be stabilized by vegetation.
3. LAND USE PLANS. Although the project is situated on federal government
property set aside as a bombing range, the Carteret County Land Use plan
classifies the area as rural. Development in rural areas is expected to be
compatible with local resource production. Local resource production in the
project area is primarily fish and shellfish. The project will have minimal,
if any, impact on these resources.
4. GENERAL POLICY GUIDELINES (1SNCAC 7 M). A review of the general policy
guidelines on shoreline erosion, shorefront access, coastal energy, post-
disaster, floating structures, and water quality reveal no inconsistencies
with the planned project.
S. STATE POLICIES. A review of the, state policies concerning coastal manage-
ment contained in the Coastal Management Program indicates that the policies
on navigation, water and air, dredging and spoil disposal, wetlands preserva-
tion, and federal consistency and national interest apply. An examination of
these policies does not reveal any conflicts with this project.
5. CONCLUSION. This project has been designed and sited to minimize any
impact on coastal resources. It is felt that this project, which is in the
national interest for promoting efficient Marine Corps training, justifies
the loss of 0.05 acres of coastal wetlands. Moreover, the overall project
.will have a positive effect on water quality. Therefore, it is concl-sided-
that this-.project:_s consistent to the "maximum extent practicable" as required
by Seetiorr 930 30 of. the._federal consistency___regulations_ (lSCFR. Pa-rt_99."),.__:_.

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MEMORANDUM
TO: Bill Mills
FROM: Steve Benton
SUBJECT: Consistency Review Project
RECEIVED
AUG 0 5 1880
a
0W...c? QW LI Y SECTION'
OPERATIONS PRAN47H
The following project proposal is being reviewed for consistency
with the North Carolina Coastal Management Program.
Identifying No. C?
Project:
/'C?G?S
Applicant:
DEM Reviewer sent to:
Response date requested:
Consistency Response Deadline:

YV
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC086-N-016-0409
PUBLIC NOTICE
July 17, 1986
COMMANDING GENERAL, CODE LMN, MARINE CORPS AIR STATION, CHERRY POINT,
NORTH CAROLINA 28533-5000 has applied for a Department of the Army permit
TO EXCAVATE AN ACCESS CANAL, REMOVE AN EXISTING CULVERT, AND CONSTRUCT A
BRIDGE OFF OF RATTAN BAY AT THE PINEY ISLAND BOMBING RANGE (BT-11), IN
Carteret County, NC.
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 excavation of approximately 1,250 cubic yards of sand and
organic materials from a 110-foot by 40-foot by 8-foot mean low water canal
area to connect Rattan Bay to an existing canal system which eventually
connects into Jacks Bay. A suitable portion of the excavated material will be
utilized for approach fills to a Bailey-type steel bridge which will cross the
proposed canal, with the remaining excavated material to be disposed of within
an upland diked disposal site located on the island. Fill discharged for the
necessary side slopes on the bridge approaches will cause the loss of
approximately 0.05-acre of mixed Juncus roemerianus and Spartina a. marsh.
The purpose of the work is to promote efficient Marine Corps training by
allowing radio-controlled target boats to use the present canal system for
access to the target area in Rattan Bay. The boats presently must be ferried
around either the north or south sides of Piney Island which during windy or
inclement weather presents risk to the boat and/or operator. 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:

-2-
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 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.
c. 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 -_5-0-6b-)-.---- - - --
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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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.
,00?*
-3-
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
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
August 26, 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 August 19, 1986, Attention:
Mr. William Mills.

-4-
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.,
August 18, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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