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HomeMy WebLinkAbout19860270 Ver 1_COMPLETE FILE_19860610s.?,? d? ? sutE State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary t. Director July 24, 1986 Mr. B. W. Lear, Vice President Viking Enterprises, Inc. P.O. Box 1066 Jacksonville, NC 28540 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Roadway/Dam Viking Enterprises, Inc. Motts Creek Onslow County Dear Mr. Lear: Attached hereto are two (2) copies of Certification No. 1946 issued to Viking Enterprises, Inc. dated July 24, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. Millar 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 .0---V , t'* 4041f NORTH CAROLIN! Onslow County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Viking Enterprises, Inc.. pursuant to an application filed on the 2nd day of May, 1986 to construct a roadway/dam at Hunters Trail Extension. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Motts Creek in conjunction with the proposed roadway and dam construction in Onslow County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That proper erosion and sedimentation control measures be utilized to minimize turbidity and siltation from the project. 3. That the effluent discharge from the wastewater treatment plant owned by Viking Utilities be relocated to discharge downstream of the dam. 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 24th day of July, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT original Sind 13Y -14liarn C. Mills For R. Paul Wilms, Director WQC# 1946 StI1TE y W-AT Vuw 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 R. Paul Wilms S. Thomas Rhodes, Secretary Director July 24, 1986 Mr. B. W. Lear, Vice President Viking Enterprises, Inc. P.O. Box 1066 Jacksonville, NC 28540 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Roadway/Dam Viking Enterprises, Inc. Motts Creek Onslow County Dear Mr. Lear: Attached hereto are two (2) copies of Certification No. 1946 issued to Viking Enterprises, Inc. dated July 24, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Sued 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 Onslow County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Viking Enterprises, Inc. pursuant to an application filed on the 2nd day of May, 1986 to construct a roadway/dam at Hunters Trail Extension. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Motts Creek in conjunction with the proposed roadway and dam construction in Onslow County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That proper erosion and sedimentation control measures be utilized to minimize turbidity and siltation from the project. 3. That the effluent discharge from the wastewater treatment plant owned by Viking Utilities be relocated to discharge downstream of the dam. 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 24th day of July, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Sued Sy William C. Mills FOr R. Paul Wilms, Director WQC# 1946 w• .•' DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM DATE: July 16, 1986 R E C E I V E TO: Bill Mills ? 2 22 ?g??i Operations Branch FROM: David. H. Cotton flp? OPERAT10"4v BFZANCH Wilmington Regional Office THROUGH: A. Preston Howard, Jr. ,(? Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Viking Enterprises, Inc. - Motts Creek Onslow County The applicant proposes placement of approximately 8,300 cubic yards of fill material to construct an access roadway/dam across Motts . Creek. The area to be filled measures approximately 78 feet by 395 feet. The dam will create a 25 acre lake and provide access to property north of Motts Creek. Motts Creek is classified C. 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 approximately 73% of an acre. The certification should contain the following conditions: a. That erosion control measures shall be properly maintained and constructed prior to any earth movement related to dam construction. b. That the turbidity of the water, outside of a suitable mixing zone, not exceed 50 NTU. 2. There is a discharge into Motts Creek upstream from the dam, Viking Utilities Permit No. N00049387. It is felt that because of the strict limits already in place for this WWTP, 5 mg/l and 2 mg/l for BOD and NH -N, respectively, the discharge for the WWTP should be located below the outfall from the dam structure. This would help to limit any euthrophication problems in the lake that might occur as,a result of this dam. DHC:kc cc: WiRO CF DEPARTMENT OF THE ARMY Wif ngton District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC086-N-067-0260 PUBLIC NOTICE MAY 6 1986 COASTAL RESOURCES COMM. May 1, 1986 VIKING ENTERPRISES, INCORPORATED, Post Office Box 1066, Jacksonville, North Carolina 28540, has applied for a Department of the Army permit TO PLACE FILL MATERIALS IN MOTTS CREEK AND ADJACENT WETLANDS TO CONSTRUCT AN ACCESS ROADWAY/DAM, HUNTERS CREEK DEVELOPMENT, WHITE OAK TOWNSHIP, Onslow County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed placement of approximately 8,300 cubic yards of fill material to construct a 395-foot-long, 78-foot-wide, 7-1/2-foot-high access roadway/dam. Approximately 2,000 cubic yards of unsuitable material is to be excavated and removed from the roadway/dam alignment. Three 60-inch culverts are to be installed in the creek through the alignment to allow continued flooding of the upstream portion of the creek. Completion of the work will create a 25-acre-lake. Approximately 30,810 square.feet (0.7 acre) of wetland vegetated with black gum, cypress, red maple, ash, and cinnaman fern is planned to be filled. The purposes of the work are to provide access to property north of Motts Creek and to create the lake. 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. 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 1 , -2- 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 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. 1 i -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 June 10, 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 Boa 27687, Raleigh, North Carolina 27611-7687, on or before June 4, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., June 2, 1986, or telephone (919) 343-4725. Wayne A. Hanson Colonel, Corps of Engineers District Engineer Illv?T H r-? V_ J_71? v I ?? CAMP LEJEU ME_. -M?eI•NE- Gc2P5 - _ •yI E5ASE r 24 / Yc ?C L-11 ,i ?FJ CJ0??K VIGINI-rr MAP SGAL E : I = /z M I LE etcFL--pSED . ST2EET C C5511JCr NUNTEes "rP..AIL EXTEtJseN C20eSW& MoTT5 CREEK W H 1T? OAIC -1'W F' ? L.OW CO. i N. C AZDLIWA APPU GATI CN e UKINC EI.[r K15E?, Il?IG. ?IGI PiEl?Z JAMES E. Ir3rM I4LIT € ASSX, IKIC. C_,',"5UL-nWT 6,16IMEERS ¢ u?.1o yue,.EyOC'S JA?X_`OWViLLe uceT?-i GAe.:%INA 1 i ••,CA ?,? -ra=.• v -?\ M cT E K yuN IL_ /4:?? t-/? `/ . l yY"??.?G? ?x X '/ h? ?'? / N L P E1M E T 20' /"L-or t OXCS !A/i rH SEA 6-6,7M FofK ca Aj l "6 LAKE. ?, , / TF-M Ro ¢.c ZY G?.?,a N N Ei. fo2 f/?+ ? GLL??C2T ?o??gT?I.JCiiCN a P AILI VV/5W o J SC?L.E / =?a? \3 CJ Q W Z U Z, nl U. zo - to - o- I?JG'TC.; -( AG:_. Ft RtlATlo/?S.ARE 5-6EDON L. C ATUm (Aa6.tlo 9Z 9? jo,o 04 Y-- AFP,?Ux. E.CLAvATA?/ Q: o g ? urn/7, Q i ?l + + 0 moo Q Q Q STREET C20551NEr N ? ?? ? ? ? Nu??z?-rrzaiL ?CT?ttsbu ? GlzAssi ?r Mo-t~t? C P20F I' E VI E Imo! `?.ALF. Ho2izoKrrAL i"= 145& REEK WHrr'E OAK -TWP. OqSL O W Co." N CP,4?kj A, APF;'L ?T10 N f3Y JA MES E. GTMNA r 7 AS$Gr, INC. ?Ca tSuL'TIw_r Or.a4mEvz5 LA.KJP f5u 2vCYo" JAC <5QWVlLLF NpM CA?LWA `rHEET _!L OF S_ 4-17- Fe, f aAD W I D-rp DAM F?CINCT 10 I Zp' 10' 2rP PAP INSET,- I r LAYM ELEV. CLAY / r;iSE? \ COiZE / _ G?ATF-- - 3 1 e-EV IZ.O [- G-?fHSSFC ` SLOPE UOZI \ 3- (SO" CULVERTS C:. c ;a-; __ Ex?S-errs C 2ADW AY CKO'c-S - S EC,-nONJ A-A ?IE2TiG?L =t•1CTTO ??C.E E2"?o PE.e-TY C'W N me !) C'=4-4TAL. CAF'.-UL_1WR+ (=OMMUNI-TY ?t??-6G,? 2) .IAk,IE P. McMum. lccY F'eoPo?-: ED STP.EET CCOSSINCT ? 2 d TEM PO c-Aey G-1A W N F L De-TA I L. H WrE 15 I A I L. EXTEW51~ N CFZ.C,551NG M cl-M 6WEX ANI1E CYW -TWP. ON5L O N i.'C. , N. CA0(=UNP+ AFPLlCA?'10N E=Y: Er.>?I t? ? E?c A55Q',1 INC. ...IAME? E. STEy?;.u'T *j W,UL- -S EI4lt.lEEkZ; LANG _;ti` rvOic-5 ?HF_G T 3 i F 4-' 17, 13 co .,, ' •?'••-.:,.; • -• ??...7rz .00 ,q S-7 ?s•!'? ? .s? ? j/ IIV(( ti? i : ? ???? %i • ? f',r? v ?l?J C" T, .?al ?, ? `? VP -a 7rr /?\• `1?`??( ?r? I: •• 1 -? ? ?•i?? C,? /ai ?•. 44 r? mss ?? e ,100, ?`••?S 1 .• ..... `? IPOSE= CAM Loci:,, io ?.t E /?? /`K• ?' ??` •/ G?a?r.?pGE E?AS??.1 DE L-1QE7AT10N I4Uw-TEe5 --T?--A1 L_ t-,z-mm 51? Q CeD?'41NC? two-r-r5 G2Et:_: y, -CAfZClLl ?? 17- ?(? ?i••1E?-T - c?% U GoA ??A L Ga2o>?I WA GOM M U N ITS( G+OL L EGI_ I K I ?G ?ITEQP? I ScS ? - ING, AO •v e s e a; of ?Z a o ?? P?oP?RTY ? N ? r'?POSF? ?A KE I...aGA"f l ?J • NouSE N?NT?P`? T??.I 1 ? ? -?"-- Gd titTOtJ R APf'?oxl MACE LAkE \ UN11T5 WNITE01aJCTwP,C LO' co• ,N.c. DX'T E : ?aPlz 11. 1-7 1 ? 95 zo iJ. I vlKlu? ?'?\rE,eP?i5?5, _ 5HE-T n Robert L. Creel Box 79, Carver Dr. Ext. Midway Park, NC 2854.4- 27 May 1986 NC Division of Environmental Management PO Box 27686 Raleigh, NC 27611-7686 Attention: Mr. William Mills Public Notice SAWC086-N-067-0260 Viking Enterprises Inc Dear Mr. Mills: Although as a property owner adjoining Hunter's Creek I was not officially informed of the above Public Noice concerning a proposed dam/bridge across Lamotts Creek by chance I received a copy. Since all deeds and maps refer to this creek as Lamotts Creek, I will do the same, instead of Mott's Creek referred to in the notice. My property consists of 18 acres which borders Hunter's Creek by two lines, one app 596', southwest, the other 1192' app., northeast, ,with-Lamotts Creek bordering the eastern side. In 1983 I gave Viking permission to cross the creek and my property with a 10" water main, which saved them many thousands of dollars. To brief you on their short history of this development in this area, at the point of crossing the creek with the water line, the soil on each side was not secured, to prevent washing; the banks began washing with the first heavy rain; I complained directly to Mr. Garland Tinton; he promised to remedy the situation; but never has; and the(-banks continue to wash. Along the NE 1192' line, a deep drainage ditch was dug. To the most part the ground along here is flat but then, &bp. 100', drops suddenly to the creek. Water flowing down to this point severely cut deep, making a deepening canyon, and, whereas my property was not yet effected, it was close enough and I complained. Their remendy was to fill the canyons witK loose dirt, to hold back what amounted to was a waterfall, which had already washed out the naturally imbedded packed soili. Only after I was able to secure the services of the soil/environmental office in Wilmington was the situation remendied with a later of asphalt over thh filled in portion. The point of citing the above is that any thought that Viking Enterprises i:5 interested or concerned about what(leffects their development has on the environment, the soil, the creek, or the property of others can be eliminated. RECEIVED MAY 3 0 1986 WAI ER QUAUTY SECTION OPERATIONS BRANCH '44 110 And the dam, as propdsed, will cause additional flooding and greatly effect my own Property as well as the other adjoing property, a trailer parka I have lived on this location for 36 years and until recent years the only time i saw the creek flood was during the hurricane Hazel (which was due to high tide). Now every heavy rain causes it to flood, clearly leaving its lines of wash among the trees, which is due in most part of draining the streets of the Hunter's Creek development. By installing 3 sixty inch culverts at the dam site to take on such an.additional burden, I would compare it beneath the thinking level of filling a washout with loose dirt to prevent washing. All three culverts will only give 60 square feet of outlet; the creek already has about 30 sq ft (app..5' deep & 6' wide); so they are only adding 30 additional feet to drain every bit of excess water falling on a 25 acre lake, plus the additional streetsof the development. To me, it is preposterous; and it is even more preposterous to consider such a proposal, if-the Corps of Engineers actually saw and g We it any serious thought. Indeed, if approved, there will be a great deal more flooding, and I grant you, I will fight it as high as I can go to my fullest extent. S1 cerely, 40 ? C Robert L. Creel PS; I believe the old law that one property owner cannot do anything which causes flooding the property of another is most suitable here, Ja?1eo sr,?r?s (? yJ c: ? w ? C7 c 27i ? ?2 ?i It PROIEG11 :`b1AY 3 d la 4WNID-MEB/LP REGION IV 345 COURTLAND STREET ATLANTA, GEORGIA 30365 Colonel Wayne A. Hanson District Engineer U.S. Army Corps of Engineers, Wilmington P.O. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Mr. Hugh Heine SUBJECT: Viking Enterprise, Inc. (Public Notice No. SAWC086-N-0067-0260) Dear Colonel Hanson: JUN 1986 ta? LL This is in response to the subject public notice proposing to place fill in Mott Creek and adjacent wetlands, in the White Oak Township, Onslow County, North Carolina. Approximately 8,300 cu. yds. of fill material will be utilized to construct a 395-ft. long by 78-ft. wide by 7.5-ft. high access roadway that will also function as a dam. About 2,000 cu. yds. of unsuitable material will be excavted and removed from the roadway/dam alignment. Three 60 inch culverts will be installed in the creek through the alignment to allow continued flooding of the upstream portion of the creek. As a result of this activity, approximately 0.7 acre of wooded wetland vegetated by black gum ( sa sylvatica), cypress (Taxodium distchum), red maple (Acer rubrum), and cinnamon fern (Osmunda cinnamanea) will be filled. In addition, a 25 acre impoundment will be created that will eliminate approximately 12.5 acres of similar wooded wetlands. Wooded wetlands perform valuable functions to aquatic systems including: fish and wildlife habitat values, detrital export, water quality services, d vital storm water retention capabilities. It is clear that the Proposed project will eliminate a valuable aquatic resource, and will result in unacceptable adverse environmental impacts. Consequently, it is our belief that the project is contrary to the Section 404 Guidelines and should be denied. Sincerely yours, ' l/? William L. ruczyn f,?gieif Wetlands Section Marine and Estuarine Branch cc: See attached .6 r.a may/ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY wr+ .v cc: Mike Gantt, Field Supervisor U.S. Fish and Wildlife Service Raliegh, NC R. Paul Wilms, Director NC Division of Environmental Management Preston Pate, Chief Field Supervisor NC Office of Coastal Management W. Donald Baker NC Wildlife Resources Commission John Parker, Permits Coordinator NC Office of Coastal Management Randy Cheek, Area Supervisor National Marine Fisheries Service Beaufort, NC J.T. Brawner, Regional Director National Marine Fisheries Service St. Petersburg, FL e IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 30, 1986 SUBJECT: File No. SAWC086-N-067-0260 RE®FIV 0) h? ?Y Or) /' n() r .: G 1%. 4 Mr. William Mills Water Quality Section ?Nftlc?? 0'.IAL HY ?',LGf ON Division of Environmental Management OPERAT10NSB RANCH North Carolina Department of Natural. Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Viking Enterprises, Incorporated, for a Department of the Army permit and a State Water Quality Certification to place fill material in the waters and wetlands of Motts Creek to construct an access roadway/dam, Hunters Creek, White Oak township, Onslow County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by June 27, 1986, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, . W.?µ++ h s W. llis hie , Regulatory Branch Enclosure f _2_ Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Rob Moul Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 Mr. Dominick S. Butch James. E. Stewart and Associates, Incorporated Post Office Drawer 976 Jacksonville, North Carolina 28541-0976 q0q A1f4°1.ICATION FOR 1t a, " + PERMIT TO EXCAVATE ANON FILL WATER QUALM CERTIFICJI, 10N EASEMENT IN LANDS COVERED aY WATER CAMA PERPoIIT FOR MAJOR DEVEL&UENT Dpartmurt of the AnssY Drym&mmi"s of Aimlaistratlon Starr of North Carellna Ddo a of E t of t e W u y (GS 1di13) Drpmm+et of Natural (irsourca aM CON11n{mlty Devrlopft"M14 5 (GS 113-321.143-315-3111141), 143.213.3(c), 113A•118 (33 CF II 3 P%64" type or print and fill in all blanks. If information it not applicable, so indicate by placity NIA In Wank. 1, Appllrant Information A. Name Viking Enter ses e A Last First Middle S. Address Street, P. 0. Box or Route Jacksonville North Carolina 28540 919-455-4030 C+tv or Town State Zip Code Phone I1. Lxrcattion of Propon Sc(,Por w ct: A. County U n White Oak Township Il. 1. City, town, community or landmark 2. It proposed work within city limit-0 Yet -No, X Mntf a rr -.nlr C. Creek, river, sound or bay upon which protect is located or nearest named body of water to project Tributary to Northeast Creek III. Description of Project X A. 1. Maintenance of existing project ---- 2. New work ----- B. Purpose of excavation or fill 1. Access channel N/A length NIA width MA depth NIA 2. Boat basin N?length NIA width NIA depth N A Roadway am 395':T. 79 7e' t -; Ave, 3. Fill area...........o. length"`.. lrrdth,_ 1(epth - - - 4. Other N?? length '? width NI depth N A N 7A C. 1. Bulkhead length N A- Average distance waterward o(MHW (sherekne) 2. Type of bulkhead construction (material) N/A - -- - - D. Excavated material (total for project) 1. Cubic yards 20 - ± 2. Type of material Mick E. Fill material +es-b AWPAO (see also VI A) 1. Cubic yards 8 J00 2. Type of materal Clayey sand IV. L.arad Type, Disrvoul Area, and Construction Equipment. A. Doer the arcs lu be excavated include any marshland. swamps ar other wetland' Yet X No 8. Doer the drspnwl area include any marshland, swamps or other wetland' Yes No X C. Disposal Area 1. Location Pr.0Pf,' ad-Joining Notts Creek (upland property)_ 2. Do yuu claim title in disposal Area' Yn G D. Fill material vburre it 1r11 +s to be trussed in TPr_0Derties ad.iojzling Motta Creek ffuntars trail E. How will cxlavatl'd matctial be enlrapped and erosunn Lontrnlled> Excavated Material Roadbed to be deposited on ad oinin upland ro erties F. Typc of equipment t+t he a ed Bulldozers, Excavators, p roc s, arts r7n -- ---- G. Will marshland he ctnsted in Iunsporting equipment to protect stter Il yes, explain UF41 lit". 10178 V. Una of Frvir" Aw+e (mss) Ile 1. Pt?lvans LI/A 2. Cortiratrc41 N/A I Houtsk* N A or InrStrsuixi 4. Ottw? IL 1. Lot siag(%) 750- Acres I Uwadw of lot(s) above mwsn high 3. Soil type and t-xtun N/A N A 4. Type of building hattnts or suvaures S. Sawao disposal andlo(waste water treatment A. Exisu" .X Planned 13 Oesui. Located Adjacent to Motts Creek upstream 6. Land Classtftcatron lurcle one) DEVELOPED CONSERVATION OT V1. Ptwrtatlning to Fill and Water Quality. tA-+?, riuN. COMMUNITY RURAL .... (See CAMA Loral Land Um Plan Synopsis) A. Do" the prooowd oroiec t :evolve the placernrnt of fill materi i4 heiow ?-ieaa lugh water? Yes,...,,., No ..X..... IL 1. Will any runoff or discharge enter adlacent waters as a result of prcuect activity or planned use of the area following protect compieIion) Yes_No . X... 2 Type of discharge N/A -- - - - - 1. Location of discharge NIA VIL Prtaeest rater of shoreline erasion lif known): NlA` - VlIL U a pern It numbers and iuue dates of previous Department of Army Corps of Enpneen or Stair permits for went in pro*t area, if applicable: N,., one DL L&W& of dribs required to complete praieet; iAt?L?rO?C. 8 Months fLi;2m nbar to f1l3i sh-_ X lit additloo to ON compl+ted aMliratlan farm. the folio+rirell itenrt Must be txfoaidrd: A. Attach a copy of the dead (with State aoplk-Dion only) or other instrument under which applicant claims title to the affected prooee'ty. OR If applicant is not claiming to be the owner of said property, then forward a cony of the deed or other instrurrw*nt under which the owner claims title plus written permission from the owner to carry out the oroitct on his land. L Attach an accurate work plat drawn to scale on 8'h X 1 I" white pattaer (sits instruction booklet for details). Note: Original drawings preferred - only h,nh quality coptn accepted. C A copy of the application and plat must be served upon adiscsnt noarian?la-n-?o nnsj %,by registered of certified mail of by Oucl?caUon (G.S. 1 13 224 (d)) Enter date served ? ? 11 D. List names and complete addresses of the riparian landowners with oronetty adjoining alsgliclnt's. Such owners have 30 davs in which to submit Comments to agencies 1't a blow. Coastal Carolina Community College 444 Western Blvd. Jacksonville T{ nie P. gMi rtr ey-21-4-Eon ton Place Jacksonville NC 28540 455-1373 XL Certification requitvment: 1 certify that to the best of ny knowledge, the proposed activity compiles with the State of North Cwoltnass approved coastal manaeement protrarn and will be conducted in a ounner consistent with such program. X111. Any permit issued pursuant to this aaaltcatinn will allow only the development described to this appli Cation and plat. Aoolicants should therefore describe in the umliution and plat all anticipated dcvel. oprnent activities, including construc:ion, excavation, filling. And land clearing. OATS H. W Lear C/ rf? i Aoolicant's Signattus I??? ?`(x?u(? t1?K-tf17 SEE REVERSE SIDE FOR MAILI14G INS7RUCT IONS NARRATIVE SUPPLEMENT TO PERMIT APPLICATION FOR HUNTERS TRAIL EXTENSION CROSSING OF MOTTS CREEK ONSLOW COUNTY, NORTH CAROLINA OWNER ENGINEER Viking Enterprises Inc. James E. Stewart and Associates, Inc. Jacksonville, North Carolina Jacksonville, North Carolina The Hunters Creek development consists of approximately 750 acres and is currently under development. The attached location map indicates the approximate extent of the boundaries. Streets shown on the vicinity map (sheet I of 5) indicate areas that are already developed. The Qwner, Viking Enterprises, Inc. is applying for a permit to cross Motts Creek in order to access areas North of the creek. At present, the developer cannot extend his project across Motts Creek until such time that the access is obtained. This crossing is essential for proper development, access, and traffic circulation for this area. The developer eventually plans to connect Hunters Trail to Piney Green Road which will allow residents on either side of Motts Creek to travel directly to Highway 24 or Piney Green Road. The connection will help to reduce traffic congestion due to lip, . P-2 one point of access to the project. The developer has also been working with the public school system towards donating a parcel of land North of Motts Creek for a school site. Without the crossing, access to the site will not exist until such time as a road is constructed from Piney Green Road. In the process of constructing this costly roadway, the developer desires to utilize it as a dam for the purpose of flooding the creek area upstream to create a lake. The developer proposes to flood the lake to an elevation of approximately 9 feet above mean sea level, thus creating a lake of approximately 25 acres. He then proposes to stock the lake with largemouth bass, bream, crappie and various other fish that would survive in that particular environment. The stocking would be co-ordinated.with applicable local and state agencies. If approved, construction would be carried out in roughly the fol?owing sequence: 1. Existing trees in the location of the roadway and the lake will be cut off at ground level and removed from the site. 2. The roadway location will be stumped and mucked. The material will be removed from the site. 3. The storm drainage pipes, risers, etc. will be constructed. Facilities will be provided to allow for draining the lake. This facility will be left open to allow drainage flow through the dam until such time that the roadway is stabilized. 4. Erosion and sedimentation control facilities will be installed. The roadway will be filled and compacted. P-3 5. Roadway and side slopes will be stabilized. 6. The pavement will be constructed and guardrails installed. 7. The gates will be closed to allow flooding of the land to form the lake. This project will provide certain benefits to the community and the environment that will hopefully outweigh any adverse effects involved in filling the wetlands. It has been estimated that approximately 0.71 acres of land in the 404 jurisdiction will be filled in order to complete this project. In return for the wetlands lost due to the filling process, an additional 15 + acres of wetlands will be created above the swamp limits due to the creation of the lake. The lake will help to beautify the area and will create an environment for certain wildlife.. It will also provide recreational facilities in the area that do not now exist. The roadway crossing will provide needed access for present and future residents and will provide access to a new school site. The importance of this crossing to the Hunters Creek project and the community cannot be overemphasized. Viking Enterprises respectfully request that all due consideration be given in review of this application. • Y P-4 • . 1 1 HUNTER'S CREEK US 17 VIKING ENTERPRISES, INC. CAMP SITE R?JREUNE SR 1406 N.C.24 ENTRANCE y MIDWAY PARK /:JACKSONVILLE CAMP LEJEUNE / v v N£W // R / V£R N.C. 24 N.C. 53 U.S. 17 t- ?J 0- CAMP LE IE7UME_.. EASE r»Tr-s cr?EF-e _ VI( INIT`r' MAP _ `JGAL E : I' = ?z M I LF a PIZOF0sED s?--- W H ITT> OAIC -T" P. -y OK6LO I C01 , N. CAPOLINA APPU C A- j nN OY VI WNC_> E'I.tTCK(''1?'.?SE%. Ih1G , ENGI?tC=tom: ?? ?' JAMES E. S"?'???`? ? Assrz'? I?JG'. ..? ? cnrrs??-n??Cr Er?CTInIE??7 LAKJD Su;-'?-/EYOt'S I JACK-,r?JVILL.E, IJr2T11 e,^..LINJA SHff r'! O? 1-7, ??t P AT p EGIt?IEII'I F-L. j =rte, p ---.?\ M ?rr-r ? ??E. K HUhI Tc I? • ??,? l L I ?YJ k??,? . 1141 F7- • 6OX--5 "j TH F?fz C+ .wtit?NUL?ICE. A 6,1,,7Z,5 ??MFbeh?ZY G?}ANNELF;,k? 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WWIT?.ok-4TN?, L,0?4 c?• ,N,c, DATE: AFj'IL. 17 IaD 0Co 11 =s( ?-?NE?T rack w DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC086-N-067-0260 May 1, 1986 PUBLIC NOTICE VIKING ENTERPRISES, INCORPORATED, Post Office Box 1066, Jacksonville, North Carolina 28540, has applied for a Department of the Army permit TO PLACE FILL MATERIALS IN MOTTS CREEK AND ADJACENT WETLANDS TO CONSTRUCT AN ACCESS ROADWAY/DAM, HUNTERS CREEK DEVELOPMENT, WHITE OAK TOWNSHIP, Onslow County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed placement of approximately 8,300 cubic yards of fill material to construct a 395-foot-long, 78-foot-wide, 7-1/2-foot-high access roadway/dam. Approximately 2,000 cubic yards of unsuitable material is to be excavated and removed from the roadway/dam alignment. Three 60-inch culverts are to be installed in the creek through the alignment to allow continued flooding of the upstream portion of the creek.. Completion of the work will create a 25-acre lake. Approximately 30,810 square feet (0.7 acre) of wetland vegetated with black gum, cypress, red maple, ash, and cinnaman fern is planned to be filled. The purposes of the work are to provide access to property north of Motts Creek and to create the lake. 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. 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 -2- 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 envi.ronmental.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. -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 June 10, 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 June 4, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., June 2, 1986, or telephone (919) 343-4725. Wayne A. Hanson Colonel, Corps of Engineers District Engineer l=tPPa e,X , . .r ,mil ??tl?,e 00 CgNiP LE-JELINE_- -M?eNNE_ Cc2P5 -- FASE r.". (( .yz ni i j,. r i ?j ceE?r? VICINITY 1- IAP SCAL E: I = /z M I I Er I kl: ? ?- X?7 PO-'ORfP5ED 572EE-r CZC0 51?JGT NUN1E2S ItAIL EX1 ENst:5)N CRo siN,-I- MoT"t"5 CZEEK W H ITS OA1C -rW P ON5LOW CS, N. C4 LUWA APPU C-AT}e%rJ-w: -- my'INC E?-LTE??f 1?E1.It?1G, _ F?1GIt?tEt JAMES E. - rmKAet ? A55x., IKlC, ?f,rSUL-TI?JC? Er.tGIn1EE?5 LA1.1C> ?uc?EYOE?S JAOI--O,jVILLE, f 7f2TH GAe.:LlWA SHCETe of -r-17• Izo - A Mc.T--??EK f lUhl]JE??? t1?lL I?Y?? .l L--r P7-.,- I "? IAILET ' EtoXC5 AJITN Ajl=5 FdK CR.?JN I NV [ ?A 4 TA-4- EKE. ?W : TE.MFbetiRYG?NNEL?cfZ Ctt??/E2-r ?OMS'rfZiJCTION a ?Q 1 sc? i 3ia? ?IzQ J? 1 wu ?LU? . Q LU ° ' LI X Z?_ 1 1 WU 0? acuI ?1 Cl. :3 QQ,? QU? D - 9 ON r 1?, ?? Innn -?^r Z ?S c Q Q? o° -r ILYJT-?.: ALL- otj r?.s. L.. oo.TUM (?v?.?o ? sz 9) ? r' raE Iq,O PP" E',rC,?.vA7,cx, uMi? 0 ??FILE 1/IE??I ALF ao, 41 O a --"7)1 -.I ?FY?SEp ST2EE-r C205awcr NUNTr-P-'s Ir AIL EX'TEN5k5)W CIZ0551W::? MO t5 C2EEK FINITE OAK -TWP. OySLOW Co., NCA u?.tly PLkG- 710 N (3`/ \-AkIrVG J?ES, f Nom. 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