19890078 Ver 1_Complete File_19890101

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Certification (con't)
STATE
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 June. 22, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. Paul S. Flewwellin
Administrative Officer
Dickerson Carolina, Inc.
Post Office Box 339
Castle Hayne, North Carolina 28429
Subject: Certification Pursuant to Section 401 of
the Federal Clean Water Act,
Proposed Full of Borrow Area
Dickerson Carolina, Inc.
Prince George Creek
New Hanover County
Dear Mr. Flewwellin:
Attached hereto are two (2) copies of Certification No. 2354
issued to Dickerson Carolina, Inc. dated June 22, 1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
,CIG???%116«
/1- Paul Wilms
Attachment
cc: Wilmington District Corps of Engineers
W ' ulgington Regional Of f ice
r. William Mills
Mr. Steve Benton
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919.733-/'015
An Equal Opportunity Affirmative Action Employer
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street Y Raleigh, North Carolina 27611
James G. Martin, Governor June 22, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. Paul S. Flewwellin
Administrative Officer
Dickerson Carolina, Inc.
Post Office Box 339
Castle Hayne, North Carolina 28429
Subject: Certification Pursuant to Section 401 of
the Federal Clean Water Act,
Proposed Full of Borrow Area
Dickerson Carolina, Inc.
Prince George Creek
New Hanover County
Dear Mr. Flewwellin:
Attached hereto are two (2) copies of Certification No. 2354
issued to Dickerson Carolina, Inc. dated June 22, 1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
. Paul Wilms
Attachment
cc: Wilmington District Corps of Engineers
WAn-ington Regional Office
k-Kr. William Mills
Mr. Steve Benton
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
New Hanover Count
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 Dickerson Carolina, Inc. pursuant to an application filed on
the 23 day of March, 1989 to fill an abandoned demolition/borrow
area south of Prince George Creek.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Prince George Creek in conjunction with the proposed
fill activity in New Hanover 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 silt fences and other erosion controls be in
place prior to any earthen movement in the area.
3. That the side slope of the filled area be
stabilized with vegetation as soon as possible to
prevent erosion.
4. That the fill material consist of clean soil or
masonry material free of any toxic materials. No
waste material shall be used as fill. Waste
materials shall include, but are not limited to,
sawdust, shavings, lime, offal, oil, tar,
chemicals, petroleum products, medical wastes,
refuse, litter, bottles, cans, paper, rubbish,
garbage, debris, and plastic materials.
Violations of any condition herein set forth shall result in
revocation of this Certification.
h
Certification (con't)
This Certification shall become null and voi unless the
above conditions are
This the 22 day of June, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
/?. Paul Wilms, Director
WQC# 2354
i

DIVISION OF ENVIRONMENTAL MANAGEMENT
Date:
To:
From:
Through:
June 9, 1989
Bill Mills
Operations Br nch
Donald Safr t ::?
James H. Gregson?
Wilmington Regional Office
Preston Howard
Wilmington Regional Office
?-4
JU?'J 9
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8904-G
COE Public Notice #CESAW-89-0211
Dickerson Carolina, Inc.
New Hanover County
PROJECT DESCRIPTION: Dickerson Carolina, Inc. has applied for a
DOA permit to place fill material in an abandoned
demolition/borrow pit, adjacent to Prince George Creek.
ADJACENT WATER BODY:
CLASSIFICATION: CSw
STATUS:
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require a 401 certification and that
certification should include the following conditions for the
filling of the borrow pit.
1. That silt fences and other erosion controls be in place
prior to any earthen movement in the area.
2. That turbidity in adjacent waters not exceed 50 NTU due
to the project.
3. That the side slope of the filled area be stabilized
with vegetation as soon as possible to prevent erosion.
Prince George Creek

8904-G
Page Two
4. That the fill material consist of clean soil or masonry
material free from any toxic material. No waste material shall
be used as fill. Waste material shall include, but shall not be
limited to, sawdust, shavings, lime, offal, oil, tar chemicals,
petroleum products, medical wastes, refuse, litter, bottles,
cans, paper, rubbish, garbage, debris, and plastic materials.
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APR 1 1989.E
'? ..y OFFICE OF COAST.gI r,15 ,41GF?7 t-- .1
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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 George T. Everett
William W. Cobey, Jr., Secretary 04/13/89 Director
Mr. Jim Gregson
NC DNR&CD
Div. Environmental Management
7225 Wrightsville Avenue
Wilmington, NC 28403
Dear Mr. Gregson:
r
The attached U.S. Army Corps of Engineers Public Notice No.
CESAW-89-0211, dated 03/23/89 on a Federal project or an application
for a Federal Permit to excavate, fill and/or place structures in
navigable waters (Re: Sec. 404 & Sec. 10) is being circulated to
interested State agencies for comments. The applicant/sponsor
of this proposed project is Dickerson Carolina Inc..
Please indicate below your viewpoint on this proposed project
and return this form to me no later than 04/28/89.
4 Si re y, ZT
Ste en 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.
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
e., F'-] n.,.,,,,,,,.,;- eu ?m .,P e, G i . ?.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C089-N-065-0211 March 23, 1989
PUBLIC NOTICE
DICKERSON CAROLINA, INCORPORATED, Post Office Box 339, Castle Hayne, North
Carolina 28429, represented by MR. PAUL S. FLEWWELLIN, Administrative
Officer, has applied for a Department of the Army permit TO PLACE FILL
MATERIAL IN AN ABANDONED DEMOLITION/BORROW PIT, ADJACENT AND SOUTH OF PRINCE
GEORGE CREEK, OFF BLUE CLAY ROAD, CAPE FEAR TOWNSHIP, New Hanover County,
North Carolina. X
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 in a 962-foot-wide,
1550-foot-long, .8-foot-deep (34.2 acre) demolition/borrow area used during
construction of Interstate highway 40. Material to be placed in the area
(442,000 cubic yards) is to include stumps, limbs, leaves, concrete, brick,
wood and uncontaminated earth. Upon completion of the placement of fill
within the area, Dickerson Carolina, Incorporated, using dozer and
motorgrader, intends to return the land to its natural state. The area is to
be contoured, planted and landscaped to blend with the surrounding
environment. After being filled the area is to be used privately by the
applicant. 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 under 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 Eill or otherwise occupylState-owned
submerged land under North Carolina General Statute 143-341(4),,146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
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.
k
This application is being considered pursuant to Section 4?4(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the

-3-
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 and flood plain values (in accordance with Executive Order
11988), 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 ?o€ the Army
permit will not be made until the North Carolina Division of nvironmental
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
April 14, 1989.
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 April 10, 1989, 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., April
24, 1989, or telephone [phone].
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Established in 1729, New Hanover
?I '4 Jl.I County lies on the state's Atlantic Coast.
Caroline Beach State Park ?'- I I1 •• .1"""""" Wilmington is the county 'seat of tae
II `" county, nanied in honor of the Roval ,f
The rare Venus's flytrap aryl. live ramify of England, members ^F the House 1
s ecies of insocl satin0 plants * I'
nitres p
of Hanover. r
n?H1e Cmnl'u , Beach a naturalists ll , / New Hanover County, besides its beau-
l dylight, lhr; coastal unvirommnnt
entilled and How- tiful sandy beaches, has mashy sights for
feature plants sover 70 trees, e idshrubs
I \,' the visitor. The Marine Resources Center,
Bring
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a sell guiding nature frail. near the Corncake Inlet Fort Fisher, at
Just 10 miles south of Wilmington oil Kure Beach, slate historic site, tells the I
Highway 421, Carolina Beach spans y ?' /r I story of two historic battles: of the Civil f'
1,740 acres of North Carolina's sandy I?(
beaches. Eightµthree camping spot War; and at Wilmington, the USS North
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are available for lent and/or trailer. A res Carolina Battleship Memorial, the New
Ireshment stand is available while a pic. Hanover County Museum of the Lower I : j 1
nic area is also provided. Excellent fish. Cape Fear, Chadler's Wharf, Poplar!
ing and boating in the Cape Fear River /i Grove Plantation and the Arlie Gardens +
and adjoining vritmways are available are dust a few of this county's many at-
here. There is also a marine. 1 l
tractions. Slierr /, ac 2

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 22, 1989
SUBJECT: File No. CESAW-C089-N-065-0211
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 Dickerson Carolina, Incorporated,
represented by Mr. Paul S. Flewwellin, Administrative Officer, for Department
of the Army authorization and a State Water Quality Certification to place
fill material in an abandoned demolition/borrow area south of Prince George
Creek, off Blue Clay Road, Cape Fear Township, New Hanover 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 authorizing 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 a reasonable time for State action.
Therefore, if you have not acted on the request by May 22, 1989, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to sir. Hugh Heine, telephone (919)
251-4725.
Sincerely,
Ch2 s [1. jHlis
Chie , Regulatory Branch
Enclosure
-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. James Iierstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
• /w
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EAr4EMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department
of Administration State of North Carolina of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps R Engineer, Wilmington District
(GS 113.229, 143-215.3(a)(1), 143.215.3(c), 113A•118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank._, e f`j
i icIlI_ATORY BRANCH
Applicant Information
A. Name
B. Address
n4_1 ------ 0-1 4 nn _ Tnr
Last First Middle
1) 0n
Street, P. O. Box or Routc
Castle Hayne N C 28429 (919) 675-?166
City or Town State Zip Code Phone
It. Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark Blue Clay Road - Cape Fear 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 -
Prince George Creek
111. Description of Project
A. 1. Maintenance of existing project X 2. New work
B. Purpose of excavation or till
1. Access channel length width depth
2. Boat basin length width - depth
1550' width 962' depth 81
3. Fill area Demolition Pit _length
4. Other length width depth
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)
2. fype of bulkhead construction (material)
U. Excavated material (total for project)
1. Cubic yards N/A 2. Type of material N/A
E. Fill material to be placed below t.1HW (see also V1. A)
1. Cubic yards Unknown 2. Type of material ldaste (see attached)
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Dues the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location Cape Fear Township - Blue Clay Road
2. Do you claim title to disposal area? Yes
U. Fill material source if fill is to be trucked in see attached
E. How will excavated material be entrapped and erosion controlled? see attached
I . I ype of equipment to be used Dozer & Motor Grader
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No

V. Intended Use of Project Area (Describe)
A. 1. Private For Dickerson _Carolina onl
2. Commercial N/A
3. Housing Development or Industrial N/A
,.4. Other N/A
B. 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 waste water treatment A. Existing N/A Planned N/A
B. Describe
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY (RURAL )
CONSERVATION OTHER (See LAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project 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
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project: Unknown
X. 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%a 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 registered 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 property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N/A
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity , -)mplits
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XI1. Any permit issued purwant to this application will allow only the development described in this appli-
cation and pl]L Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE February 9, 1989
Applicant's Signature
Paul S. Flewwellin, Administrative Officer
oaF-ez
i
IN
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-0089-N-065-0211 March 23, 1989
PUBLIC NOTICE
DICKERSON CAROLINA, INCORPORATED, Post Office Box 339, Castle Hayne, North
Carolina 28429, represented by MR. PAUL S. FLEWWELLIN, Administrative
Officer, has applied for a Department of the Army permit TO PLACE FILL
MATERIAL IN AN ABANDONED DEMOLITION/BORROW PIT, ADJACENT AND SOUTH OF PRINCE
GEORGE CREEK, OFF BLUE CLAY ROAD, CAPE FEAR TOWNSHIP, New Hanover 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 in a 962-foot-wide,
1550-foot-long, 8-foot-deep (34.2 acre) demolition/borrow area used during
construction of Interstate Highway 40. Material to be placed in the area
(442,000 cubic yards) is to include stumps, limbs, leaves, concrete, brick,
wood and uncontaminated earth. Upon completion of the placement of fill
within the area, Dickerson Carolina, Incorporated, using dozer and
motorgrader, intends to return the land to its natural state. The area is to
be contoured, planted and landscaped to blend with the surrounding
environment. After being filled the area is to be used privately by the
applicant. 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 under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
?
-2-
r"
d. The issuance of an easement to Eill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
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
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
-3-
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 and flood plain values (in accordance with Executive Order
11988), 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
April 14, 1989.
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 April 10, 1989, 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., April
24, 1989, or telephone [phone].
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Established in 1729, New Hanover
County lies on the state's Atlantic Coast. i
Caroline Beach State Park Wilmington is the county seat of t.le
I I county, named in honor of the Royal i f
The rare anus's llyhap arvi live 'I (;amity of England, members ^F the House
olhet species of insect oating plena a• , w f
of Hanover, x,
i e
mnwe Carnun. Bench a naturalists
New Hanover County, besides its beau-
e.;ght. n,, cnast;d wwironrunnt I tiful sand beaches, has many s:ghts for II
awres over 30 trees, shrubs and flow r
enng plants, which are identified along ? i the visitor. The Marine Resoyrces Center, ;. 1
a sell guiding nature nail. near the Corncake Inlet Fort Fisher, at 1.
Just 10 miles south of Wilmington oil \ .«. Kure Beach, state historic site, tells the
Highway alt, Carolina Beach sperm y story of two historic battles of the Civil .t
1,740 acres of North Caroline's sandy I? War; and at Wilmington, thrt USS North I',!
beaches. Eighty-thtee camping spots
are available for tent and/or Ireilea A re `' I / / • Carolina Battleship Memorial, the New ?
Ireshment stand is avertable white a pic-
nic area is also provided. Excellent fish- I I "s` '"°r Cape Fear, Chadler's Wharf, Poplar
mg and boating in the Cape Fear River 1 fi - Grove Plantation and the Arlie Gardens
Lind adjoining vr'terways are available
Iran. There is also a marina. tr!ract io o ?ns. :S S8 ftq this eau/y' afly at-
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