Loading...
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. {• KIN STO N 70 IT RN v .C.A.S. • HAVELOCK CNER,Y POI 17 5! 70 JACKSONVI ORE I 0 BE L J UN LOCATION MAP 0 5 10 20 30 SCALE OF MILES ?? RT Marine Corps Air Station, Cherry Point Project CP7089M Repair Road to Runway 28 July, 1989 / o? 3 1 a?a a. m 0 m N CD N I I ? U Q w a X801 m 00 cl: O N D U 4-1 3 N O ' I ( Ulf •? D w w 01% o 3 3 i vi o '-1 U P4 U i i?jii ? E 1-+ O P? t--I N „1 I m Z I ?" ' _ -- - ? 'sot , • >?. (? , o N ? 'III>?'>, ,:::::; .::;:::?: • $ x -IMH - 0 t. m. r • r I?t, 1 I ? I f 7#6 2 F tot 2 mF i .ll 0 n SC+yOt OAd 09,0 1, 09,01 09"O t 08'0l 0s'C 0 'Ot '13 SZ+ $? edo 0 '01 13 ' 00+ Ot IAd C'Ot13= 94+ 1. OAd SO'lt I 9CZ1 0' N gtZt OZ'Z I Z6'll t9'tt 9C't. ti '0t13 SZ+ O t Ltd ? w w ° a o p O U' w + N R O X w a Lv$ 13 H11,1(1 f,{_ 9t ZOt C t' 13 -+t2 gHzOt vita a „ gti+801 p 0 a C . sa sa U C9'0 13 p co 01 4 6r 6C COt +? 3 <4 ON 0 00 41 w c C. r\ b >+ C+ 0 ON O U O 00 V 1:4 C\ L ? O U 3-+ t; N •ri • .I •r, fC T p O P. 6 13 t?;+501 rt•0t \ z t . `t O p L -r _ O+COt std 3 0,4? 3 OC't t ss•tt tot C;+•co1 l? J I 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 ?? RT 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 U } U C U Q mom N CO N O ! O v O W O co w ? G? Q O U_ O ? N N O O Z J w w 3 3 F- Z O F- U 7 a_ N Z O U ,I 901 Lot 1?1 ?I 1?I 1 9 9)l? ,gI ?_- sot' z - I\ \ ? 1tit? J W N 0 N Z °z N J ? J I? 41 W u. 11 3 3 ? Z w W Ot x x W / 1M m ? N I I ?.Y 1 \` --r ? ?zot '? oI - - %, m vi' I Iw?+ tot ' I -IMH CN m N • I 2mF? r .H O a p Q) U G 00 O N .,.{ 4-1 ? ro 3 v? G N ? rn O 00 1J Wo a r- v G, ca C? U U0co • n CO r-i > c0 N 7 ?\ I ?I ? a I .. L a 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 e of 3 LOCATION MAP LL. Q U Q U y' U O N CD N OLO m W Sol WE Q O U ) _ f _ N N W w 3 3 cot / s 9')t I C tV It t 'ot f- J z 0 U 7 K N z O U J z Q J W 3 z \ z F- N \ W J I? Q N ,J J F- J W I-i 3 p? w z y z m. lot ' . I I Y? / IY IMH -- " N b m V r- . I I 1 I 2 mF ? 4--I O Q•1 ?4 N N U s? 00 O N Cd (d s? x Oi 0 00 1.I to o a r?.v P w cd rn U U?O -,rn 4-J i -H n cd P O P+ rl wxW? I ' O N h 0 O F+p 9L'Z l o ?1t0 a 4 + gti+901 ' ? Z t 8ti ? o R i OZ'Z l C TO 13 H% 0 1 , 6f 1.01 Z6'll t f9'll i 9r't. , . \ 1 90 o '6 13 ti 'Ot 13 kLiIC6 ' SOt SZ+ Ot lAd o _ O 'Ot13 SL+ l OAd 08'O l 0, T t O l i O W J W 09'01 O Z U` W 0 09'Ot w a O+fOI 09'C L l' 13 03 4 ZOI 91 ZOl 1*01 13 SZ+ Ot lAd 0 _ 0 'OC 13 o L1' 13 a OO+ZOL 00+ Ol Nd 9l ZOt x o f 'Ol l3 54+ 101 OAd SO'lt ° OS+IOI 0 a 0 a Of' l l 00+10t r SS'lt I !? C?'i0t 0 w H N U q 00. O N r-I cd ?d +? 3 r oll O 00 4-J U) O ar? b ?4 a Cdrn U U 9 00 00 a1 U r4 G' 4) •rl rl •r7 (d ? H o a--i W ? ti S!6-E.7110 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 O S 10 20 30 SCALE OF MILES F J z O H V H h z O U F- J ? to J z 0 z z ? -Q W w 3 3 z w z N \ W LL. Y; j Q V Q N CD N OSO 1 1 O O W CO w W cr- Q O O H _(A O ? 0 N O O J W W 3 3 Lot tot' I Y' lJ O Pa S4 O ,C U 00 O N 4.1 ? tz ca 1J ?v ? rn C O 00 1.1 ri) o an b p Pa cd CN U 0 CO U P4 a1 C U S4 •rl •n cd ? • 0 0 .1 > cd 3 O M P, P: I7 I '- t 1 ? a \` 1 1 \ W ?\ .... ..Y N Q IMH ?t SltEEl - 2mF3 N O O r I o +r 9L'Z t c h OLIO b + gti+9o t Ot"M v : or oZZt HO1 0 1 6C1 101, Z6•tt 1 19.1.1. i 9C•t. . \ 1: 90 6 13 r Vol, '13 F.'.11C ; V s ' SZ+ at LAd V + got °i s` 01 210C 13 SL+ t Ond 09 of _ oC+rOt . +?• 09.01 s€€ °: tE OC±.'t W y 09'01 11 iiiii°ii `? •." iii i iij iZ::;; iFteci`J Eii:EiiE: iEE'rSEEEiE Z N w iiiiii? lcii Sis iF H O [ i . 09101. w a O+rot • .iiiii ?,yi 09T LL'S 13 ' oSi ZOt 1 91. Zot *01 13 SZ+ 1. JAdd 0 o 13 OO+ZOI 00+ LIV? c 9t 0t SL+ t Ond o Gall, W OS+tot O 0 Ix a Wit 0o+tot 9911. N !2 h CS'.•G01 1~ .,q O P. >'a U ? m N 4 3 O W -W N O a 1? b sa a M U 0 00 U p.,. 41 .-? U U la 0 N •r1 •r-I •n « 3 D, la o a r-1 4ti za x z O ,W Y/ Sl445EVY 399,03