19860270 Ver 1_COMPLETE FILE_19871116

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE:
TO: Bill Mills
Operations
FROM: David H. G
Wilmington
THROUGH: A. Preston
Wilmington
Branch,
:)tton
Regional Office
Howard, Jr. ?
Regional Office??
WATER 011AUTY
oP'?Rll T/ fvs 8 Pi' 4r, rloAl
r''1 ',,
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
' Ui`kti'v!5 r-v.texP(`iseS -rnA*)m Cre'e-(<
Project Description: Places V\* Od- qJ 6? O sz
&Ata- o-? w¢+Iamd V'Woc't-A-4 eC( coL*t\ a'r s-lvL',4`wV" a4- roa
Adjacent Water Body: Motts Caere K
Classification: C_
status : C (o s e. 4
The project has been reviewed to determine impacts to water
quality. The appropriate comments below have been checked:
(X) The project 00/will not require a 401 Water Quality
Certification.
( ) The project complies with the General 401 Water Quality
Certification # for
(?) The proposed project should be done in such a way as to
not cause the turbidity outside the immediate
construction area to exceed S'0 NTU.
(x) ro s i rn G t -VV. e,01A L.AQ/ s kal( bX Q c v pew (?,. C csc?stdu c+e-4
4Lv.6?'.mQ ?K jC0.?ws cQ ''? ? ? ? r ? ?c??¢e m¢ ? o? ? ? l,? ^Mo?`E ? ?`?
This office has no objection to the project as proposed.
DHC:kc
cc: DCM
CF; WiRO
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State of North Carolin 7a tea'
Department of Natural Resources and Corr
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Mr.
Water Quality Section
Division of Environmental Management
W11- AJ (e TU tJ
Dear Mr. Co;TCJ
-
SEP R7
David W. Owens
Director
OFFICE OF COASTAL MARAGEMENT
WIl..it9lPX.T9* I? .U-NAL OFFICE
The attached U. S. Army Corps of Engineers' Public Notice No. $ J ` v 34
dated ? on a Federal project or an application for a Federal
Permit t xc a e, i and/or place structures in navigable waters (Re:
Sec. 404 & Sec. 10) by V,V-I,-X, lit7/,izl>i2rSf5 is being circulated to interested
State agencies for comments.
Please indicate below your viewpoint on this proposed project and return
this form to me no later than S
It
Sincerely,
Stlephen B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
SBB/lad
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-067-0349 August 27, 1.987
PUBLIC NOTICE
VIKING ENTERPPRISES, INCORPORATED, Post Office Box 1066, Jacksonville,
North Carolina 28540, represented by Mr. B. W. Lear, Vice President, has'
applied for a Department of the Army permit TO PLACE FILL MATERIAL IN THE
WATERS OF MOTTS CREEK, OFF NORTHEAST CREEK, ASSOCIATED WITH THE EXTENSION OF
HUNTER'S TRAIL, JACKSONVILLE, 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 fill material to span an
approximate 295-foot-wide wetland area. The bottom width of fill is to be 80
feet, and an average depth of 5.5 feet, from existing to finish grades, is to
be established. A temporary channel is planned to be excavated to divert
creek flow during placement of three 60-inch-diameter culverts and the roadway
fill. Preconstruction contours are to be restored after the crossing is in
place. A 20-foot-wide flexible pavement roadway with 10-foot-wide shoulders
is planned. The purpose of the work is to provide adequate and safe vehicular
access for residential development. Plans showing the work are included with
this public notice. V
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 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

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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.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
September 14, 1987, or telephone [phone].
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
October 27, 1987
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
The State has completed its review of Corps Public
Notice SAWCO87-N-067-0349 dated August 27, 1987. The notice
describes a proposal by Viking Enterprises, Incorporated to
place fill material in Motts Creek off Northeast Creek in
association with the extension of Hunter's Trail in Jackson-
ville, Onslow County, North Carolina.
Based upon our review, we agree with the applicant's
determination that the proposed project is consistent with
the North Carolina Coastal Management Program, as currently
approved under the Federal Coastal Zone Management Act of
1972. It is our understanding that the project has received
a 401 water quality certification and that a sedimentation
erosion control plan is on file with the NC Land Quality
Section, Division of Land Resources.
The North Carolina Wildlife Resources Commission has
recommended that the permit be denied because the proposed
fill is not water dependent and, from information included
in the notice, alternative routes do not appear to have been
considered. We understand that the applicant is discussing
possible modifications to the project proposal with Federal
Agency reviewers in an effort to resolve inconsistencies
with federal regulations. We request that the North Caroli-
na Wildlife Commission be included in these discussions.
PC) Bas 27687, kaleign North Caroiina 2701-7687 Telephone [phone]
V r

Should you have any questions concerning our position,
please contact Steve Benton, Division of Coastal Management,
at [phone].
Sincerely,
D2 vid W. Owens
cc: NC Wildlife Resources Commission
NC Division of Land Resources
NC Division of Environmental Management
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 14, 1987
SUBJECT: File No. SAWC087-N-094-0349
MAY 18 1987
WATER QUALITY SECTION
0PERAT10NS, .!I.:-
Mr. B. W. Lear,
Vice President
Viking Enterprises, Incorporated
Post Office Box 1066
Jacksonville, North Carolina 28540
Dear Mr. Lear:
On February 6, 1986, we renewed general permit No. SAWCO80-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received May 12, 1987, for a
Department of the Army permit to place fill material in the waters
of Motts Creek, off Northeast Creek, associated with Hunter's
Trail Extension, near Jacksonville, Onslow County, North Carolina,
indicates it to be a candidate for Federal authorization under
this general permit. Accordingly, the administrative processing
of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC087-N-067-0349 and will be coordinated by
Ms. Alison Arnold. She is available to address questions or
comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

= C !VED

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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. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Morehead City Regional Office Mr. John W. Parker
North Carolina Division of James E. Stewart and Associates,
Coastal Management Incorporated
Post Office Box 769 Post Office Drawer 976
Morehead City, North Carolina 28557 Jacksonville, North Carolina 28541-0976
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 14, 1987
SUBJECT: File No. SAWC087-N-067-0349 R E C EE 1 V E Lam'
AA AY 15 "fi-97
WATER OLIALITY fiU 'r10M
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Viking Enterprises, Mr. B. W. Lear,
Vice-President, represented by James E. Stewart and Associates, Incorporated,
for a Department of the Army permit and a State Water Quality Certification to
place fill materials in the waters and wetlands of Motts Creek associated with
the Hunter's Trail Extension, 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
July 13, 1987, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold, telephone
[phone].
Sincerely,
Cha a W. Hol IS
ie Regulat ry Branch
Enclosure
.• ?
40' t 11,
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. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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APPLICATl V 15 Itc-097_
10 K WATER QUAj-ITY S(i;1'ION
PERMIT TO EXCAVATE AND/OR FILL OPERV)tft 00A-11M CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOFi Elj w:> -..
TZ
Department of Adminlstratlon State of North Carollna Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of En?lneers, WIImkW" Dbakl
(GS 113.229, 143.215.3(a)(1), 143.21S.3(c), 113A•118 (33 CFR 209.310 ;29) .?vVH r'
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Viking Enterprises, Inc.
Last First Middle
8. Address P.O. Box 1066
Street, P. O. Box or Route
Jacksonville, North Carolina 28540 [phone]
Citv or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Onslow
8. 1. City, town, community or landmark White Oak Township
2. Is proposed work within city limits? Yes No X_
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Motts Creek
111. Description of Project
A. 1. Maintenance of existing project 2. New work X
8. Purpose of excavation or fill
1. Access channel N/A length NIA width N/A depth N/A
2. Boat basin N/A length N/A width N/A depth N/A
3. Fill area Street Crossing length 295'± width 80' depth 5.5' Avg. _
4. Other N/A length N/A width N/A depth N/A
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) N/A
2. Type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards __ 19750 2. Type of material Muck
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 0 2. Type of material N/A
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location -Properties adjoining Motts Creek (Upland property)
2. Do you claim title to disposal area? Yes
D. Fill material suu,ce if fill is to be trucked in Properties adioininy Motts Creek (HunJQrs Trail 11,oa?j l
E. How will excavated material be entrapped and erosion controlled? Excavated Material to be deposited on
adjoining upland properties, spreaded-and seeded for stabilization
F. Type of equipment to he used Bulldozers, excavators, dump trucks, pans
G. Will marshland be crossed in transporting equipment to project site? If yes, explain no
DA F-@ 1
Rev. 10/711
..._ ., A
V.
k* wled the of Project Ana (Dowrbe)
A. 1. PrIva" N/A
2. C4OnWrWcw 14 / rs ,. *---
3. Housim+g Oevelopmentor Industrial _... H011sing DPvPlnr mPnt
4. Other N/A
-
6. 1. Lot size(s)
N/A
2. Elevation of lot(s) above mean high water N/A
3. Soil type and texture N/A
4. Type of building facilities or structures N/A
S. Sewage disposal and/or wastewater treatment A. Existing X Planned
B. Describe located adjacent to Motts Creek Il slEearn, (Sewaire Treatment Plant)
6. Land Classification (circle one) DEVELOPED TRANSITIUNA? COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
W. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following proiect completion? Yes_ No X
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known): N/A
Vlll. Uri permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
. work In project area, if applicable: Non known
IX. Length of time required to complete project: approximately 2 months -
K In addition to the completed application form, the following items must be provided:
A. Attach a ,copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other Instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%, X 11" white paper (see Instruction booklet for
details). Note: Original drawings preferred , only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by tegistered or
certified mail or by publication (G.S. 113.229 (d))Enter date served N/A
D. List names and complete addresses of the riparian landowners with properly adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Coastal Carolina Communitv Colleve, 444 Western Boulevard, Jack:
Janie P. McMurtrey, 214 Fenton Place, Jacksonville, N.C. 28540 [phone]
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinats approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities,.including construction, excavation, filling, and land clearing.
DATE April 8, 1987 / Vice-President
Applicant's Signature
D&F-+2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
o.., tnn2
r. r
NARRATIVE SUPPLEMENT
TO
PERMIT APPLICATION
FOR
HUNTERS TRAIL EXTENSION (STREET CROSSING) OF MOTTS CREEK
ONSLOW COUNTY. NORTH CAROLINA
The Hunters Creek development consists of approximately 750 acres
and is located near N.C. Hiqhway 24 East of Jacksonville. The at-
tached location map shows the extent of its boundaries.
Viking Enterprises, Inc. is applying for a permit to cross Motts
Creek: (see Sheet 1 of 4). Hunters Trail is the major traffic: artery
for the entire development. This street crossing would create access
to portions of the soon to be developed area north of the creek.
The crossing of 404 Wetlands would be approximately 295 + feet
in length, 80 feet in width, and an average depth of 5.5 feet from
present grade to finish pavement elevation (see Sheet 2 of 4). The
crossing would be filled with excavated material from adjoining pro-
perties. While construction is in operation, a temporary channel
would be created to divert the waters of Motts Creek during the in-
stallation of storm drain culverts. Upon completion of storm drain
installation, the temporary channel would be backfilled. Construction
is expected to take two (2),months. Construction a`tivities will be
completed in the following sequence:
1. Existinq_ trees in the location of the roadway will be
cut off at ground level and removed from site.
2. Erosion and sedimentation control facilities will be
installed (see Sheet 2 of 4).
3. The roadway location will be stumped and mucked and
material wi 1 1 be removed from the site.
4. The storm draina.q_e facilities will be constructed
(see Sheet 2 and L of 4).
5. The roadway will be filled, compacted, and stabilized.
6. Pavement will be placed and permanent stabilization measures
taken (see Sheet 2 of 4).

P-2
The crossing is essential for proper development, access, and
tra.ff.i c circulation internal to the project and for the provi-
sion of additional normal traffic and emergency access from
outside the project boundaries. The developer has been negoti-
ating with the public school system for the donation of a parcel
of land north of Motts Creek for a. school site. Without this
crossing, access to the proposed site would not exist until a
road is constructed from Piney Green Road which would be the only
access to this part of the development. With the crossing, a con-
nection of Piney Green Road to Hunters Trail could be constructed
(see Sheet 1 of 4). The connection of these two roads would allow
residents on either side of Motts Creek to travel directly to N.C.
Highway 24 or Piney Green Road, reducing traffic congestion along
both areas and provide internal access to the school site. Without
the crossing, access to the school site by residents south of Motts
Creek could only occur through a 5 + mile route (one-way) through
the existing project to N.C. Highway 24, then to Piney Green Road,
then to and into the development, versus a crossing of Motts Creek to
the school site. The crossing could further alleviate the potential
loss of time for emergency service that could result from incorrect
directions during a time of crisis if the crossing did not occur.
The importance of the crossing i essential to circulation in the
Hunters Creek area. Viking Enterprises, Inc. respectfully requests
that all due consideration be given in the review of this application.

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DEPARTMENT OF THE ARMY V
Wilmington District, Corps of Engineers
Post Office Box 1890 AUG 2 7 1987
Wilmington, North Carolina 28402-1890
WON?tn QUµd1Y ACTION
OPERATIONS BRANCH
SAWC087-N-067-0349 August 27, 1987
PUBLIC NOTICE
VIKING ENTERPPRISES, INCORPORATED, Post Office Box 1066, Jacksonville,
North Carolina 28540, represented by Mr. B. W. Lear, Vice President, has
applied for a Department of the Army permit TO PLACE FILL MATERIAL IN THE
WATERS OF MOTTS CREEK, OFF NORTHEAST CREEK, ASSOCIATED WITH THE EXTENSION OF
HUNTER'S TRAIL, JACKSONVILLE, 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 fill material to span an
approximate 295-foot-wide wetland area. The bottom width of fill is to be 80
feet, and an average depth of 5.5 feet, from existing to finish grades, is to
be established. A temporary channel is planned to be excavated to divert
creek flow during placement of three 60-inch-diameter culverts and the roadway
fill. Preconstruction contours are to be restored after the crossing is in
place. A 20-foot-wide flexible pavement roadway with 10-foot-wide shoulders
is planned. The purpose of the work is to provide adequate and safe vehicular
access for residential development. 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 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
0
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properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for..incTusi_on-ft 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.
e ermined, based on a review of data furnished
by the applicant and onsite observations, that t e ac
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.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
September 14, 1987, or telephone [phone].

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