HomeMy WebLinkAbout19890323 Ver 1_Complete File_19890101AWZ
n"y WTI, IQ
NATO`
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 Magus[ 15, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. R. D. Nelson
Natural Resources and Environmental
Affairs Officer
U.S. Marine Corps.
Marine Corps Air Station
Post-It'M brand ax transmittal memo 7671 # of pages ?
To From
Co;41
(_F! Co. P.F11111k14
Dept. Phone
Fax / 9 ) a2 Sr/-. t?10 0?? Fax # 7? 3 -e?6 a a?
Cherry Point., North Carolina 28533-5001
Dean: Mr. Nelson:
Subject.: Certification Pursuant to Section 401. of the Federal
Clean Water Act,
Proposed Roadway Improvement
Project. # CP7089M
Jack's Branch
Craven County
Attached hereto are two (2) copies of Certification No, 2371,
issued to the U.S. Marine Corps dated August 15, 1939.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Attachments
ILSL N4L
R. Paul.. Wilms
CC: W1 :[nington District Corps of Engineers
Xr sli irigton Regional Off. ice
. William Mills
Dr. George Everett
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Craven County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95.-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to U.S. Marine Corps pursuant to an application filed on the 17th
day of July, 1989 to relocate a roadway which will cross Jack's
Branch.
The Application provides adequate assurance that the
discharge of fill material into, a wetlands area adjacent to the
waters of Jack's Branch in conjunction with the proposed roadway
relocation in Craven County will not result in a violation of
applicable Water Quality standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. That at least 0.56 acres of wetlands be created to
compensate for the proposed filling of 0.28 acres
of wetlands by the project.
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 15th'day of August, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
?R. Paul Wilms, Director
WQC# 2371
X98 ?
9
NKDATA DF/CAMA/40i REV DATE 07/26/09
ACTION : .#. #'? .. FILE i" . Ai'i f.:! 4:: # P i°' ,::. g;t t t FORMAT
NRTi7i ENTERED THIS DATA, RECORD IS NO 00675 F RD DATA
S'' ?".` k.? ..? *: 00::! z .: % PRO & UTS I"I i.:.... j.: l"I I::. I'? 1''; ''i PT. COUNTY: CRAVEN REGION: ,`
ASSIGNED TO: DAS JOINT NOTICE:
TYPE CERTIFICATION P':I::.k_.t.l;"?;'tE!`<..t DATE.-!-.'-' , f ?";?`?;.: ':
GC:
"
ONLY INITIAL REPORT,
:
k.: f"S {
I f•:}
?'; R'.CI::..i. ''a Ii'••. t:: STREAM: i"# (•i 3`-. t., k.? C{ . CREEK CLASS: SCSW BASIN: 3`..::.
COMMENTS:
SITE LOCATED AT ROAD , RUNWAY 28 ON BA
?::.
SE
PROPOSAL TO PLACE FILL IN 0.28 ACRE OF TIDAL WETLANDS FOR PURPOSE OF RELOCATING
A GRAVEL ROAD
CULVERTS TO BE INSTALLED
MITIGATION (CREATION ON ADJACENT SITE) OFFERED; MITIGATION ...... .... A?...
SITE INVESTIGATION ON 7/26/89
3'`?t.:?::. WITH CONDITI
RECOMMENDATION .. OF ISSUANCE t .
ONS
CONDITIONS- SEE ATTACHED MEMORANDUM
COPIES: {r.. f"i ; i i.? t.: 3::, i ". i i'°v 5"i }... 3 ? .{.... ?...E
DIVISION OF ENVIRONMENTAL MANAGEMENT
July 26, 1989
MEMORANDUM
TO: Bill Mills, Environmental Engineer
Water Quality Section
THROUGH: Roger K. Thorpe, Water Quality Regional Supervisor
Washington Regional Office
FROM: Deborah Sawyer, Environmental Technician 0;)?aj'
Water Quality Section, WaRO
SUBJECT: DF/CAMA/401 Review
Public Notice - 404
USMC - Cherry Point
Craven County
The above subject project has been reviewed and investigated by this
office. The proposal to fill 0.28 acre of tidal wetlands for the
purpose of roadway fill is water dependent and unavoidable. The
wetland is a high value tidal marsh. The USMC has offered a 1:1
mitigation for the project. This is not an acceptable mitigation with
this office. It is recommended that the 401 Certification be issued
with the condition that the mitigation be a 3:1 ratio. The USMC has
no ecological reasons for not creating wetlands at a 3:1 ratio; their
reasons are economical.
DAS/cm
poll
..00K .
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers r? 0-TINED
Post Office Box 1890 4-aSH1NGT01',J O ROE
Wilmington, North Carolina 28402-1890 iJ U L ? C 1989
CESAW-C089-N-025-0389 Julj'?b, 1989
PUBLIC NOTICE
THE COMMANDING GENERAL, U.S. MARINE CORPS, MARINE CORPS AIR STATION,
CHERRY POINT, North Carolina 28533-5000, has applied for a Department of the
Army permit TO PLACE FILL MATERIAL IN THE WETLANDS OF JACK'S BRANCH ASSOCIATED
WITH RELOCATION OF A ROADWAY, CHERRY POINT, Craven 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 5500 cubic yards of
fill material (sand) in about 12,000 square feet (0.28 acre) of tidal wetlands
associated with the relocation of a gravel road. Culverts are to be installed
to maintain creek flow. Appropriate sedimentation and erosion control
measures are to be employed. The applicant proposes to mitigate the loss of
the 0.28 acres of wetlands by the creation of new wetlands adjacent the
project site. Relocation of the road is necessary to meet runway clearance
standards and minimize washouts. 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.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General.Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the-North
Carolina Council of State.
I
.I- V
-2-
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, based on available information, is not aware that
the proposed activity will 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,
-3-
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
August 11, 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 August 7, 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.,
August 21, 1989, or telephone (919) 251-4725.
{•
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SCALE OF MILES
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Marine Corps Air Station, Cherry Point
Project CP7089M
Repair Road to Runway 28
July, 1989
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UNITED STATES MARINE CORPS
MARINE CORPS AIR STATION
CHERRY POINT, NORTH CAROLINA 28533-5001
Colonel Paul W. Woodbury
District Engineer
U.S. Army Engineer District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
?y - 38y
11000
LN
27 Jun 89
The Marine Corps Air Station, Cherry Point is planning the repair,
improvement, and rerouting of an existing gravel access road. A letter
dated 11 April 1989 from your Regulatory Branch indicated that a formal
permit application is required for the improvement of the road where it
crosses Jacks Branch, a tributary to Hancock Creek. A completed permit
application form DCM-MP-1 is enclosed. You may have received a draft,
unsigned copy of this form from Margeret Gray of McKim & Creed, the firm
designing the project. Please note tha°', some changes have been made in
the final form.
The loss of 0.28 acres of tidal wetlands associated with the project
will be mitigated by the creation of a new wetland adjacent to the
project site. The new area is marked on the project drawings that are
enclosed.
If you have any questions, please call Mr. Bill Rogers, of the Natural
Resources and Environmental Affairs Department at (919)
466-3242. Please refer to project # CP7089M in any correspondence.
Sincerely,
C?G
R D. NELSON
Natural Resources and
Environmental Affairs Officer
By direction of the Commanding General
Encls:
(1) Permit Application
(2) Set of Plans
Please type or print. Carefully describe all an-
ticipated development activities, including consnuc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1.4 and 8-9 must be completed for..
all projects.
1 APPLICANT -- - -
a. Name Corm ma nd i nn GPnPra 1
Address Marine Corps Air Station - Code
City Cherry Foint State North (:arolina
Z28533-5000 ip JDayphone 9U-466-3242
X Landowner or Authorized agent
CP7089M
b. Project name (if any
Repairs to road to unw?v 2R
c. If the applicant is not the landowner, also give
the owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
d. Describe the planned use of the project.
.4- T tip..
'LAND AND V?,'ATER
_ ._. CHARACTERiSTICS.. ::F?;•.-:"? ,???
a. Size of entire tract NA
Size of individual lot(s) NA
c. Elevation of tract above mean, sea level or Na-
N tional G{e?)odetic Vertical Datum Johnston
-
d. aSoil nd S typeuf of k Sa dy (Cl of y tract
e. Vegetation on tract P? ne/Hardwood, forest,
Grasses Gravel road
f. Man-made features now on tract
with culvert stream crossing. _
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
L
b. City, town, community, or landmark
MCAS Cherrv Point
C. County Craven
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Jack's Branch
3 DESCRIPTION AND PLANNED,
;__USE. OF PROPOSED PROJECT
a. . Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Relocate existing. road to meet riinwa,
clearance reQuirempnts ind minimi7P
wash-outs,
-
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
c. Will the project be for community, private, or
commercial use?
Government use.
Conservation Transitions.
Developed Community
X Rural Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified? SC
j. Has a professional archaeological survey been
carried out for the tract? Yes .
If so, by whom'. ARC Inc., 1984
4w.Z•
5- UPLAND DEVE.OPMENT?` "
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed None
a?
b. Number of lots or parcels NA
c. Density (Give the number of residential units
and the units per acre.) NA
d. Size of area to be graded or disturbed 4.5 A
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
Yes.
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces; such as pavement,
buildings, or rooftops. NA
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces. Marl-
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmencal Management? 'NA
i. Describe proposed sewage disposal and/or waste
water treatment facilities. NA
j. Have these facilities received state or local
approval? NA
k. Describe existing treatment facilities.
NA
1. Describe location and type of discharges to
waters of the state (for example;, surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down"). NA
M. Water supply source .. NP.
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor,:
6 EXCAVATION AND FILL
INFORI MATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat tamp,
rock jetty)
Fill placed in
werland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from
below water level in cubic yards None
c. Type of material NA
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? NA ___
e. High ground excavation, in cubic yards NA
f. ' Dimensions of spoil disposal area NA
g. Location of spoil disposal area NA
h. Do you claim title to the disposal area? NA
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?/ NA
If so, where?
j. Does the disposal area include any marshland,
swampland,'or water areas? NA
k. Will the fill material be placed below mean
high water? Yes
1. Amount of fill in cubic yards ;480
M. Type of fill material sand
n. Source of fill material of f - s i t P
o. Will fill material. be placed on nia.sh or other
wetlands.' Yes.
p. Dimensions of the wetland to be fillcd280 L
q. How will excavated or fill material be kept on
site and erosion controlled? Si 1 t fence and
sediment basins.
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? Pans dozer, bat b e
s. Will wetlands be crossed in transporting equip-
ment to the project site? No If yes, explain
the steps that will be taken to lessen en-
vironmental impacts. ••
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap NA
b. Average distance waterward of mean high water
or normal water level NA
c. Shoreline erosion during preceding 12 months,
in feet NA
d. Type of bulkhead material NA
e. Amount of fill, in cubic yards, to be placed
below mean high water NA
f. Type of fill material NA
2
Length Width Depth
PDITION. AP .FORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V1 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7j.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or ocher larger plats are acceptable only if 16
high quality copies are provided by the applicant.
.(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently derailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal. Management.-The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name NA
Address
Name
Address
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
n NAmbers, permittee, and issuing dates.
A check for $100 made payable to-the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Q CERTIFICATION AND PER
SION TO ENTER ON L' l
Any permit issued in response to this application
will allow only the -development described in the
application. The project will be 'subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity. complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this.permit ap-
plication and follow-up monitoring of project.
This is the day of ??
19, 91 . -.
L2,ddownerr or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest yo
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
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0 5 t0 20 30
SOLE Of MILES
Marine Corps Air Station, Cherry Point
Project CP7089M
Repair Road to Runway 28
July, 1989
LOCATION MAP
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Regulatory Branch
IN REPLY REFER TO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 13, 1989
J14 1989
hl)fq? Lac
SUBJECT: File No. CESAW-C089-N-025-0389
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 the Commanding General, U.S. Marine Corps,
Marine Corps Air Station, Cherry Point, for Department of the Army
authorization and a State Water Quality Certification to place fill material
in the wetlands of Jack's Creek associated with relocation of a roadway,
Cherry Point, Craven 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 September 13, 1989, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine, telephone (919)
251-4725.
Sincerely,
CW. H lis
Chief, 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. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
'7U `7?
UNITED STATES MARINE CORPS
Vil
MARINE CORPS AIR STATION
CHERRY POINT, NORTH CAROLINA 28533-5001
11000
LN
27 Jun 89
Colonel Paul W. Woodbury
District Engineer
U.S. Army Engineer District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
Q
The Marine Corps Air Station, Cherry Point is planning the repair,
improvement, and rerouting of an existing gravel access road. A letter
dated 11 April 1989 from your Regulatory Branch indicated that a formal
permit application is required for the improvement of the road where it
crosses Jacks Branch, a tributary to Hancock Creek. A completed permit
application form DCM-MP-1 is enclosed. You may have received a draft,
unsigned copy of this form from Margeret Gray of McKim & Creed, the firm
designing the project. Please note that some changes have been made in
the final form.
The loss of 0.28 acres of tidal wetlands associated with the project
will be mitigated by the creation of a new wetland adjacent to the
project site. The new area is marked on the project drawings that are
enclosed.
If you have any questions, please call Mr. Bill Rogers, of the Natural
Resources and Environmental Affairs Department at (919)
466-3242. Please refer to project # CP7089M in any correspondence.
Sincerely,
R D. NELSON
Natural Resources and
Environmental Affairs Officer
By direction of the Commanding General
Encls:
(1) Permit Application
(2) Set of Plans
,,1- o25- 0589
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for.....
all projects. r; """YJ
h77xPX7-
d. Describe the planned use of the project.
Facility arrae-, rnad
LAND AND WATER
CHARACTERISTICS
a.
ib;
a. Name Commma nd i ng GPnera 1
Address Marine Corps Air Station - Code LN
City Cherry Point State North Carolina
Zip 28533-5000 Day phone 919-466-3242
X Landowner or Authorized agent
b. Project name (if-any) CP7089M_
Repairs to road to Rijnway 2R
c. If the applicant is not the landowner, also give
. the owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
b. City, town, community, or landmark
MCAS Cherry Eoint
c. County Craven
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Jack's Branch
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a.. Describe all development activities you propose
(for,example, building a home, motel, marina,
bulkhead, or pier). -
Relocate existinaroad to meet runway
clearance requirements and minimize
wash outs
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
c. Will the project be for community, private, or
commercial use?
Government use.
C.
d.
e.
f.
9.
h.
i.
j•
Size of entire tract NA
Size of individual lot(s) NA
Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 10 - 20
Soil e?s) and texture(s) of tract J o h n s t o n
and u o1k Sandy Clays
Vegetation on tract Pine/Hardwood, forest,
Grasses
Man-made features now on tract Gravel road
with culvert stream crossing
What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
_ X Rural Other
How is the tract zoned by local government?
How are adjacent waters classified? C
Has a professional archaeological survey been
carried out for the tract? Yes
If so, by whom? ARC Inc. - 1984
5- UPLAND DEVELOPN ENT ? O V
r.r :rRY
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed None
b. Number of lots or parcels NA
c. Density (Give the number of residential units
and the units per acre.) NA
d. Size of area to be graded or disturbed 4.5 A
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
Yes.
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. NA
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces. Ma r 1
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management? -NA
i. Describe proposed sewage disposal and/or waste
water treatment facilities. NA
j. Have these facilities received state or local
.approval? NA
k. Describe existing treatment facilities.
NA
b. Amount of material to be excavated one
below water level in cubic yards
c. Type of material NA
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? NA _
e. High ground excavation, in cubic yards NA
f. ' Dimensions of spoil disposal area NA
g. Location of spoil disposal area NA
h. Do you claim title to the disposal area? N_
1. Describe location and type of discharges to
waters of the state (for examplersurface runoff, k.
sanitary wastewater, industrial/commercial
effluent, or "wash down"), NA 1.
m. Water supply source NA
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? NA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL) NA
Boat basin NA y
Other (break-
water, pier,
boat ramp,
rock jetty) NA
Fill placed in
wetland or below
MHW Don
Upland fill
areas
NA
m.
n.
o.
P.
q•
r.
S.
If not, attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance?. NA
If so, where?
Does the disposal area include any marshland,
swamoland,'or water areas? NA
Will the fill material be placed below mean
high water? Yes '
Amount of fill in cubic yards 5480
Type of fill material sand
Source of fill material off-site
Will fill material be placed on marsh or other
wetlands? Yes.
Dimensions of the wetland to be filled 2 _Q' X 43
How will excavated or fill material be kept on
site and erosion controlled? Silt fence and
sediment basins.
What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? Pans dozer, backhoP_
Will wetlands be crossed in transporting equip-
ment to the project site? No If yes, explain
the steps that will be taken to lessen en-
vironmental impacts. .,_ ..
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap NA
b. Average distance waterward of mean high water
or normal water level NA
c. Shoreline erosion during preceding 12 months,
in feet NA
d. Type of bulkhead material NA
e. Amount of fill, in cubic yards, to be placed
below mean high water NA
f. Type of fill material NA
2
S: ;ADDITIONAI:;_'INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 ;i x 1.1 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note. that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to .guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by. sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name NA
Address
Name
Address
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numAbers, permittee, and issuing dates.
A check for $100 made payable to-the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS
SION TO ENTER ON LANI34-?. Z
Any permit issued in response to this application
will allow only the development described in the
application. The project will be 'subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity. complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the _ day of!)??'?
19.
LaKdowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
?01
0 5 t0 20 30
ll It 1 I . _---J
SCALE Of MILES
Marine Corps Air Station, Cherry Point
Project CP7089M
Repair Road to Runway 28
July, 1989
Smr_--E1r
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LOCATION MAP
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3 0?' 3
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO89-N-025-0389 July 20, 1989
PUBLIC NOTICE
THE COMMANDING GENERAL, U.S. MARINE CORPS, MARINE CORPS AIR STATION,
CHERRY POINT, North Carolina 28533-5000, has applied for a Department of the
Army permit TO PLACE FILL MATERIAL IN THE WETLANDS OF JACK'S BRANCH ASSOCIATED
WITH RELOCATION OF A ROADWAY, CHERRY POINT, Craven 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 5500 cubic yards of
fill material (sand) in about 12,000 square feet (0.28 acre) of tidal wetlands
associated with the relocation of a gravel road. Culverts are to be installed
to maintain creek flow. Appropriate sedimentation and erosion control
measures are to be employed. The applicant proposes to mitigate the loss of
the 0.28 acres of wetlands by the creation of new wetlands adjacent the
project site. Relocation of the road is necessary to meet runway clearance
standards and minimize washouts. 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.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-61, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
-2-
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 u L_y . 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, based on available information, is not aware that
the proposed activity will 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,
-3-
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
August 11, 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 August 7, 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.,
August 21, 1989, or telephone (919) 251-4725.
i a r
1?01
Marine Corps Air Station, Cherry Point
Project CP7089M
Repair Road to Runway 28
July, 1989
LOCATION MAP
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