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HomeMy WebLinkAbout19870266 Ver 1_COMPLETE FILE_19870706N !<.I}ATA r , CT .!. tq !=' 3}! i i°i4i !;!::1; . `} ,...t f , T. i. !:!:,? C,(',#r F!:..,(?f:':(} ' , .... r .•,1.,,.7•..• . 6?;i ..i . ... F?,,••?i?? r.:.r', ,• (:; e: t.+!.,.:!::. ; i-? 1`••1 ?:... ,,:? , w ,.1 j i T ! j I1 t.. E R r 1 !. i.. r°7 r .#. , 2 t, (- -f m (I N Y .1'J .I" }'t t.: F..}. V .!. N is 3T R t:. (', Ci C, I r''{ 0 }' t:, A M D }::. r``! t:: A t.}; }°: W ()Y NE FIRO}"'OSAL.. TO S'!='F:i:::r^, I} t:: cai? "r!;(.1t::r`a:(.tt! I}i:::;::ri:tia:;1.' C-)v!:::r: (ri.. !'.r'.. t.:ir'!i`? 'r R I I:ttJTARY TO 1:1A S'tr?t!(:3'r"ANp, P(.fR F,0S'(.)i:. i'ROF't:lSED t:i[:,'r IVI'r'`r' !: 1,Jf:::7i...FYI`#I);' -T•!'}(i-(. ;?:i:::f?tVE AS VAL.A.Jr•"•il:LE Pt:li...l..t.JT(1t•}1' S FROM UPL.:fiM} }:t.??!{:?F°t' ; ALSO , A F j(.t}='(;i i°JAY VIOL_A'U TU1:1,:D :!:I....... 4 S'•r'r.!``!DARI) t:; t:j } ?? :i: i::: ??' : I, I i ?i r=:..:j .... #::; !::: i'-•t T- }?t (°i !....... iii :!: }... i...:' RECEIVED ,lt)L 0 6 X987 WATER QUALITY SECTIOM OPBRATIOMS BRANCH RECElV F r) DEPARTMENT OF THE ARMY JUN 19 1987 Wilmington District, Corps of Engineers WATER QUA11Tt SECTION Post Office Box 1890 OPERATIONS !?:5 Wilmington, North Carolina 28402-1890 1 SAWC087-N-015-0395 June 18, 1987 PUBLIC NOTICE MR. GEORGE B. RAPER, Post Office Box 1282, Elizabeth City, North Carolina 27909, has applied for a Department of the Army permit TO AUTHORIZE THE AFTER- THE-FACT PLACEMENT AND PROPOSED SPREADING OF FILL MATERIAL IN WETLANDS ADJACENT TO THE PASQUOTANK RIVER, LOT NO. 42, ROBINSON PLAT, CAMDEN CAUSEWAY, Camden County, North Carolina. This public notice does not imply, on the parts of the Corps of Engineers or other agencies, either favorable or unfavorable opinion of the work performed; but it is issued to solicit comments on the factors listed above on which a final decision will be based. Legal action has been suspended pending the outcome of this consideration. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visits by representatives of the Corps of Engineers. Plans submitted with the application show the completed placement of 8 to 10 cubic yards of fill material, construction debris material, in a irregularly flooded wetland area adjacent to the Pasquotank River. The applicant proposes to spread this material using a dozer to fill approximately 2,000 square feet, 0.046 acre, of wetlands, raising the elevation about 1 foot. Top soil is to be spread and seeded as the tipper 4 inches of the fill. The purpose of the work is to expand and consolidate the area to provide storage for an industrial plumbing company. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The Issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. c. The issuance of a permit tinder the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management or their delegates. -2- d., The-issuance of an easement to fill or otherwise occupy State-owned 4' Submergedkl,ald under North Carolina General Statute 143-341(4), 146-6, 146-11, and714'6-12"by the North Carolina Department of Administration and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on_an_ evaluation of t11e-pr-obabl? imparts, i-nciuzling 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 " 0 l -3- it will be allowed to occur, are therefore determined by the :outcome of the general balancing process. That decision should reflect the ria.tional 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 July 28, 1987. 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 July 22, 1987, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., July 20, 1987, or telephone (919) 343-4636. ti b F-o W,E. Kf FFJ<- Co E pEYLm l-r (o s' $ 7 (V1Ce N ITY MAP) u a 1, j 4 ., r 4 w Y r l? r 4 i b <? F l , ?O e? r CC-) E, I)ERNI I T EV- o F u0 e44 4 Q 0 Q Z 43 .lz c 'V}I EO Do \,(J oU IIV l1C - I— 1 V Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 June 15, 1987 SUBJECT: File No. SAWC087-N-015-0395 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: RPC EIVF JUN 17 11987 WA IER QUALITY etc llopj OPERATIONS BRANCH Enclosed is the application of Mr. George B. Raper for a Department of the Army permit and a State Water Quality Certification to place fill material in wetlands adjacent to the Pasquotank River, Lot No. 42, Robinson Plat, Camden Causeway, Camden 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 August 15, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 343-4636. Sincerely', . ha a W. Hol s ief Regulatory Branch { Enclosure n -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. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 A APPLICATION FOR PERMIT TO EXCAVATE ANOtIOR FILL DATER OVA?TM CERT 6141 ???7 EASEMENT IN LANDS COVERED BY WATER ;AMA PERMIT FOR MAMA DMLOMM>ENT ? Dep ommt of AlteMfeeniifas State e/ Nwo Ca n"& : ` QgeRnwwt of the AMY (03146121 p?113-229,143-215.3(81(11,143-215.3(c). N&O eeN+art~C?uel A0 , leta?wtt F..,..`7? R 4d I 20GiI w mblven04bus (G3 Haan type or print and fill in ail blanks, If inforrnstion is net applicable, so indicate by plac+nf N/A in blank. Applkant Infortetatan A. Nam Raper George B. Last First Middle B. Address P.O. Box 1282 Street, P O. Box or Route Elizabeth City, North Carolina 27909 919-338-8489 City nr town State Zip Code Phone IL Location of Proposed Protect: A. County Camden L 1. City, town, community or landmark Lot 42, Robinson Plat, Camden Causeway 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 proiect Pasciuotank River III. Oewiption of Project A. 1. Maintenance of existing protest 2. New work X 9. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length 50' width 401 depth Approx. 1 foot 4. Other length width depth. C. 1. Bulkhead length Average distance waterward of MHW (shcreiine) . 2. Type of bulkhead construction (material) 0. Excavated material (foul for project) 1. Cubic yards -.0- 2. Type of material N/A E. Fill material to be placed below MHW (set aho VI A) 4" top soil/sand/clay to 1. Cubic yards 8 to 10 2, Type of matefidl provide seeding base. IV. Land Type, Ditrsosai Area, and Construction Equipment A. Does the area lu be excavated include any marshiand. swamps Of other Welland' 'T'es No N/A 8. Does the dlspnsal area include any m4f5nland, swamps or other wetland' Yes_ No N/A C. Disposal Area N/A 1. Location 2, Do you claim title to disaoul areV 0. Fin material vwice it III i1 to be trucl,cd in Utilize materials already on site. Orginally from N/A construction sires. E. How wdf exuvatid malenal be entrapped and erosion i-onlralled Type of equipment to he uwd Bulldozer G. Will marshland he crnssed in transporting equipment to protect site' If yes, explain no - site is adjacent to high land. V. JMMM rd Lhe d haler; Awe (Daecftel Z _ industrial Dlumbina cmmnAny-Gtr, nrrQa ova girl (no build'ncr tc be conctrt_ic-L. 3. Noasinif; Dr downimtt or Indamon ?1 4. Otlstr ?. Lat tiaaGl there will be no new lots created. Intent is to nrnvi (9P fnr _r)rnnPr 2 E3eeetbn d Itx(s) above na?itts hint war just above mean hic(hwater mark rainag 3. Steil t"w acrd t2xttttte lowland -sand/rlav ha-,(- with wi 1 1 nwG _ mung . PI r 4. Type of building fat Wars or sutuaares none - site to be used storing materials S. Setratp disposal "Wilor waste wash unatment A. Eatistir l N A Mannr N/A 0. Otscribe Li. Land Clasufteatonrt (circle on-i DEVELOPf.D T;w,4it rifjN-%:. COMMUNITY RURAL. CONSERVATION OTHLA . (See CAMA Lodi Land UM Plan Synopsis) VI. Pw&ain4q to Fill and Water Quality A. Goes the ptooosed orniett ;rvolve the placement of rill matena?t heltaw -eats !tills water? Yen No Y L 1. Will any runoff or dtscharte enter adjacent warms as a result of protect KlIvily or, planned uw of the yea w1awing proud comoletion) yes-Ma X -Ehere is 50' buffer to river, also project 2 Type of diwharte N/A site will have permeable surface. 3. Location of discharle N/A VII. Pmewa raw of seswairw erosion Iif known): Unknown/assumed to be minimal VUL Ua pwlink number and isatte dates of pr"iout Otoutrnent of Army Coe" of Erwnftn or Stew Permits for wit in Proisa area, it at Wk2ble: none UL Lajtte& of dow !.ouw d to camoiete ova" .. 1 week X (w aidhim to the eawvieted aooiWadetn lean, CM We:?" i0mm trust be prw A. Attach a cony of the did (with Slats aovlicatan only) Of other tnwumetnt under Winch apoltcant daitws title to the affected mcooty. OR If applicant is not claiming to be the owner of sad property, then (wward a coot' of the dread or other insawnent undo which the owner claimt, title plus writtsn pan+itition from the owner to carry out the oreiect on his land. L Attach an accurate wort plat drawn to scale on 8'h X I I" whops paver two instruction booklet for details). Note: Original drawtnts preferred • only h.qh quality coptes •cuated. C. A cony of the apoltcatton and plat must be served uow adiacant riparian landowners by legislated w certifted mail ur by ouch.-ition (G.S. 1 13.224 (d))£nter dais served 0. List names and cnmolete addresses of the roomian landowners with prooetly adwtntng avolicant's. Such owner have 30 d.vs in v.nich to submit comments to aetncm listed briar. R .lev Perrv 1423 Brothers Drive, Elizabeth Cite, NC 27909 Theodore Wood, Jr. 4421 Silver Hill Drive, Knoxville, TN 37411 -- XL Certification rtouire~nt: I certt(y that to the 'best of my knowiedve, the prooosed activity compotes with the State of North Carolinas approved coastal manaea"ent prowarn and will be conducted -n a ntarww consistent with such program. XU. Any permit issued Durant to this aoolteation will allow only the development described to this appli cation and plat. Aoti icants should therefore describe in the atsolicatton and plat all anticipated devel• ow w- It activitws, indudint construc:ion, excavation, filling, and land clearing. DATE 6/5/87 Aoofi Ns Signaturie das.&? err p?Vcper C-e -r y.n ..... .L??... ?...?.?..? ,? r AUTHORIZATION FOR FILL ACTIVITIES The undersigned, being the owners of Lot 42r "Grandchildren of C. H. Robinson", by David Cox and recorded in Plat Book No. 2, Page 5, Camden County'Public Registry, hereby grant to George Raper the authority to apply for permits for fill activities, and to conduct such fill activities as may be permitted by the Corps of Engineers. This the day of March, 1987. ( SEAL ) CA VIN LAMB (,,, ???-•• 2•-• ???`? l yrili( SEAL) LOTTIE MAE LAMB Signed and swore before me this day of March, 1987. otat'y Public (SEAL) JACKSON A LAMB. P.A. ATTORNEYS AT LAW ELIZABETH CITY. NC 27909 AUTHORIZATION FOR FILL ACTIVITIES The undersigned, being the owners of Lot 42,,"Grandchildren of C. H. Robinson", by David Cox and recorded in Plat Book No. 2, Page 5, Camden County Public Registry, hereby grant to George Raper the authority to apply for permits for fill activities, and to conduct such fill activities as may be permitted by the Corps of Engineers. This the day of March, 1987. (SEAL) CALVIN LAMB try- SEAL ) LOTTIE MAE LAMB Signed and swore before me this day of March, 1987. ota- y Public (SEAL) JACKSON & LAMB. P.A. ATTORNEYS AT LAW ELIZABETH CITY. NC 27909 1 m Sent -? ? SlrCe( -lnd f O "O ;fate ?-#ZQ v) Postage Ced,hed Fop m rn C O co t7 C O .U) rl p 389 264 647 RECEIPT FOR CERTIFIED MAIL n u ;urt? t nrtfit n Ana r,iqu;ED IU)I F0..1 RovWS0 rn Sent Gr _o?,2,i?sa!d ?-- 0 v gir?.et ,na yea I S!1v P r< r10 z'f, 3 a ?h 7? V 3 postage vi 7S ? Certified Fee Special Delriery Fee Flestncted Delwery Fee s -_ Return Hece'pt nq 16 o "Imn and D.Ue Dew,en:d °D Helu,r nec,e'pt sli ,r"Ell Date. and Address r C TOTAL PO?"C L Pustmark Or Dale ©? y?y`? E ? ?1 I l1- .N P 3A5-;3434 645 RECEIPT FOR CERTIFIED MAIL '.0 ?rJ?,uaANCE COVERAGE PROV!C ? „FI)R I:vfERNATJONAI. h!Pw (see HeverseJ PAY TO TI Ir I OF2DFh 1 c;r_o. RAITR ' .;()N PLUMBING, INC. 1'.U. IIUX 12£)7. 1141A111 III Cll'/, hlllltlll IIIA ;'1'1(1'1 (919) 338.84£39 N.C. Department.of NRCD 1llt:.I t,lll/Lrlt IIAIIK IIZUST cO. I.I.ILAll1.I I I (,1I Y. N(, 2/1)09 (-1 lr-(-K Nq 8805 66-30/531 DATE AMOUNT 6/5/£37 $100.00 /UTFIDRI7_F_D SIC A1UPE 11000aFlo Sill 11.0 S 3 LOO 3001; Sri S, WR P07130110 GEO. RAPER & SON PLUMBING, INC. N2 8805 Ch IECK L i? z \ r r ?•O v ,7D? t Tq X, I? 1 `n rt1 v 14 ?nm ?r Hae n C it z v U? 00 -lj ?' 11 ?- n ?Ce rvli??- ?Is??? CoF- (VICE N ITS/ MAp) ti A r. ° o G ?\Cy ? ? IA F V P J 0 .? p O r ?A o ? v O I(` 7 x? l 1 fc'<,?-1 PS-.MC EV of w N ld4N .3, RF-n uls, HW, (?St REC EI QED JUL 16 1987 WATER QUALITY SECTION OPERQ71nhin 2- 7 6.9 -7 • G' 2 7d, -78'7 A2 b-In ?. o o le -OF .1 4t Aadzl-e -191w? IAO ? vv 1 x5l