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HomeMy WebLinkAbout19890343 Ver 1_Complete File_19890101Aq1V Rw? 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 May 5, 1989 R. Paul Wilms William W. Cobey, Jr., Secretary Director Mr. Daniel M. Kelley Chief of Support U.S. Navy Harvey Point Defense Testing Activity Route 5, Box 175 Hertford, North Carolina 27944 Subject: Certification Pursuant to Section 401 of the Federal Clean Water, Act, P_rapos d , Bu-1 e d Kar?-vey Faint ef-ense- Testing Activity Perquimans River Perquimans County Dear Mr. Kelley: Attached hereto are two (2) copies of Certification No. 2333 issued to the U.S. Navy, Harvey Point dated May 5, 1989. If we can be of further assistance, do not hesitate to contact us. Sincerely, ,/---R. Paul Wilms cc: Wilmington District Corps of Engineers W Ishington Regional Office r. William Mills Mr. John Parker P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer _ aROLINA . Per uimans Count CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to the U.S. Navy pursuant to an application filed on the 10th day of April, 1989 to construct a bulkhead for shoreline stabilization. The Application provides adequate assurance that the discharge of fill material into the waters of Perquimans River in conjunction with the proposed dam bulkhead in Perquimans 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 outs.ide4the area of_construction,or-consruction r?ia -ed di, ,G. ge---( ncrease ,? -such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 5th day of May, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT R. Paul Wilms, Director WQC# 2333 , +4 ll.1.f i••i iii..,'i..;i?`ii"1(''i:'`•?'4?:?1 F?1:::1.i t:i(:, ..j.I::: r:;,::' :'•.... .... :i ... .1.. .. E. ..: ., .,I ...• .. (:j rt... 1 I. 1....:. C 1::. t: "'•, ::':.•' •,?: :, I...I... i t.:r i tllr•t i'''. ':;, '?:: '.i j::. .'.r. ..{. '.I .i .,j '.:?;;:`, :!•: •i t + } ,' i } x; ., +.$ ,..t (" ;.• :r ,-.? { - ?,. [ } ,' ?° ; : A f 1•r. 7. t -.S i i??s l;i ," (°} :..: j.i j i "{t. ,_::} (-0 61 1.. t'....(.1t':tf",vY , f.;01.)N'T' y tf..l.I.t"ir::y?,a;.... :., . ..(. (:? .(t:?:I: 1''1 s'jt:x't":l:I::'.I:::: yI :... ,... t •t i'`5::. :... ............. .......:......... . t.: i::. ': t .1. 1" .S. t.: r??s i .i. i..ll-'•. i'!, 3::.t'..: ;...tl"{!''i,....•t (., .: t t.:t••t1''1t•-t i+i''..5... i f:.i..: .:-i..... r - l.,•-. .. .. :.:;.- #,.i 1.• %- f.. r°t 1"t i°; : ,::• 1::. [.' i'' ,:: t'd 1°' 1'!'.1::. f:, : i°I f.71....f:: 1° .I. i`, r:a i... i'!° E:. 1•' ..: 1:;, ..j.: i 'v -I- 1.j (t !':? : 1:i I::. I": l:! ?.! .1. 1"t r°i i`I :: I"° .1.:+` I::. '!`. i... L., r°; ::: f:i i.t {::I • .. t 1...i:?!.:Ft'T1:::\) r't 1 i••lriF", 1:::''f F, :. i''ll::.AF1,; :.. : 1:: 1 bdf,!{:;t!'1? .031...KI°1i Y.-ii", ;:::!:,:.r'„;' , l::?:1: .? wl:.? i...r`i+(,l.", I f.? i:'Si::. rl?.F'''I::.E1::.1._•Y .i. 1"1I••`A C,'T'::..j! f..f.il".1..::. t tat¢:i's'•:t.i....t.:1::.1`'•. 1 ,.......mI L. I RECEIVED MAY 0 1 1989 WAIth- OPERAtTIONS F?4vION DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 CESAW-0089-N-072-0258 April 6, 1989 PUBLIC NOTICE THE U.S. NAVY, HARVEY POINT DEFENSE TESTING ACTIVITY, Route 5, Box 175, Hertford, North Carolina 27944, has applied for a Department of the Army permit TO CONSTRUCT AND BACKFILL A BULKHEAD ON THE PERQUIMANS RIVER, NEAR HERTFORD, Perquimans 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 construction of approximately 2,600 linear feet of bulkhead located an average distance of 5 feet from the normal water elevation contour. The bulkhead is to be constructed of treated wood and backfilled with clay/sand obtained from an upland source. The purpose of the work is to protect the shoreline from erosion by wind and water. Plans showing the work:,.are?=?-lne uded with"-this 'pubiic`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. 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). ti 4 -2- 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 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places-for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which -3- may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the-North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 40.1 of the Clean Water Act. The DEM considers whether or not the r' 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 oT the Army- permit sere: as .;aRplieati.on .to.the DF{M for .certification::: Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after April 28, 1989. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before April 24, 1989, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeffrey Richter, until 4:15 p.m., May 8, 1989, or telephone (919) 251-4636. 0 G 1721 .. '. 5d°ss^I .o s2 ? b ?J !far 1 r ELUL 11- / u - -71-r 315 '\ `sump e, o? p N U ? S Y <irris"'? 271_ $ 177^ Wry N PERQUIMANS z pOO O V N i I / 0 q? g Al? N E Q 0 i ? C M a ? ,a J a b v 0 ' a o Pr v sa w r oC, le .? (D ?C L OO. YZ C Z d" h V F > oo.IZ 'jd z bir (f)w W a Wt° ` k Z 00 a a, .1 W CT 0- N F=- w o i J >-0 3? a Z co w DO pa Q ?? • 12+00 0 W W 0 -H • a? LL oc = CL O Q U) .b ' U • fn m h O ,r ?`, I W d. •• 1. -W f of *00 EE ? ba tt1 E 1 t Y3+40 : ! U3?25 ? i 0 IIT?TS 3-i • Q .? I 121' W O 1 82 Sb?-?T 2 cF 3 • o oC = ? 7 f` O = w c o ?. Y 3 ? r wz w ?8 Z _ -J 00 u! x l Z V , m o ? I Z w wv r ~ ? %A ow ( til?4 Nw J ?a J - a 0 J X? ? O J ZI Q s O W ? C Al r 1, 7 s t5 z W o C? u.l v r a 3 W z_ 3 V z •• • cn .. . 0 3 v w= ? = ,jj co U- 0 CD mi 0 - ti C, F J z 2 m J (n a cr- N 9 "-.A J d == J C c"s Mi% f+?W A n' . a a Z O_ Z a S J o }- > ' - w W ? C G w Y J o. G N LL1 P -owl ?? , W w I in CD i J 0 ? p ar- I J ?J v N Y Ltl z 1 0 ., 0 •? : tLi 0 Z O ' N 1 o-y " z Na X u" w . _ Q ° cJ W o? z O U LLJ IN REPLY REFER TO Regulatory Branch SUBJECT: File No. CESAW-C089-N-072-0258 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: RE CE IVF- n APR '1 01;89 WNftK QUALITY SECTION OPERAPONS R7?'t11'0'' i Enclosed is the application of the U.S. Navy, Harvey Point Defense Testing Activity, for Department of the Army authorization and a State Water Quality Certification to construct and backfill a bulkhead on the Perquimans River, near Hertford, in Perquimans 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 $ection 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 June 6, 1989, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeffrey Richter, telephone (919) 251-4636. Sincerely, Char W. Hol is hief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 6, 1989 Mr. David Griffin District Manager North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 (.N '7 - N v / .c /v -K o C + (26 59-Al--0 7,P -n <6 DEPARTMENT OF DEFENSE HARVEY POINT DEFENSE TESTING ACTIVITY ROUTE 5, BOX 175 HERTFORD, NORTH CAROLINA 27944 REGULAjohf 16 March 1989 Mr. Jeff Richfer U.S. Army Corps of Engineers Box 1890 Wilmington, N.C. 28402 Dear Jeff Richfer: Forwarded herewith is the application to underta stabilization program at Harvey Point Defense Testing Included with the application is a map reflecting the of concern,.a detail of the proposed bulkhead design, area map showing the location of Harvey Point Defense Activity.in Perquimans County, North Carolina. ke a shoreline Activity. priority areas and a large Testing Any questions on the processing of this permit may be addressed to Mr. Daniel M. Kelley, Area Code (919) 426-5221. Daniel M. Kelley Chief of Support DMK/ss Enclosures 89 - W0 - 0 2 S8 4 , , Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 Applicant If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? new work c. Will the project be for community, private, or commercial use? a. Name Harvey Point Defense 'fesns :.Acti7yd. Describe the planned use of the project. ?, IL?I Address Rt. 5 Box 175 9 City Hertford State N. C. Zip 27944 Day phone 426_ • Illlo BRANCH Landowner or X Authorized agent b. Project name (if any) none To prevent further erosion o shore line 4 Land and Water Characteristics a. Size of entire tract 1, 264 Acres private c. If the applicant is not the landowner, also give the b. 2 Location of Proposed Project a. Street address or secondary road number 1336 (secondary road number) Size of individual lot(s) full track e. Vegetation on tract Pine, Cyprus & Hardwood timber f. Man-made features now on tract Government Facilit; b. City, town, community, or landmark g. What is the CAMA Land Use Plan Classification of Hertford (town) the site? (Consult the local land use plan.) c. County Perquimans d. Is proposed work within city limits or planning jurisdiction? no e.. Name of body of water nearest project Perquimans River 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). X Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local govemment? none i. How are adjacent waters classified? Estuarine waters j. Has a professional archaeological survey been carried out for the tract? Yes If so, by whom? Atec Associates Inc. Department of Defense Testing Facility 5 Upland Development Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide 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 Information a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads., which are covered in Section 7). . Length Width Depth Access channel (MLW) or (NWL) Boat basin--.- Other (break- water, pier, boat ramp, rock jetty), Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). e. High ground excavation, in cubic yards 1) f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material c. Shoreline erosion during preceding 12 months, in feet three to four feet d. Type of bulkhead material wood e. Amount of fill, in cubic yards, to be placed below mean high water none f. Type of fill material clay and sand 8 Additional Information In addition to the completed application form, the follow- ing 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 forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. o. Will fill material be placed on marsh or other An accurate work plat including plan view and cross wetlands? sectionaidrawin$s):,diia m'to sea e. o. Y1 k i `on an 8 p. Dimensions of the wetland to be filled 1/2 x 1 I white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 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 applicant. (Contact the U.S..Army Corps of Engineers regarding 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 personnel 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. 7 Shoreline Stabilization a. Length of bulkhead or riprap 2400. A list of the names and complete addresses of the ad- jacent waterfront (riparian) landowners. These in- dividuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Manage- ment and should be advised by the applicant of that op- portunity. b. Average distance waterward of mean high water or normal water level Five feet from hank Name Address Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pemidttee, and issuing dates. NO. 1664 September 8, 1983 A check for $100 made payable to the Department of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. 9 Certification and Permission to Enter on Land Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project. This is the day of ?f?? , 19 downer or Authorized agent A statement on the use of public funds. 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Z I _ ., W ; ?? _ r I (D J? o U o-D -? z S z N O- ? 1 X M ? G. - 0 u w -° cJ o-? SG4?T Z O Q W W O W APR 2 6 1989 WATER QUALITY SECTION 1!''? :' ?t%! 'T 'T +' ?:1 4::i'.:,,•R¢.j.r':!'! }"' i':I1.? {•?i l.: ? .!. +..i ?•:1 :::: (°'t ?. U ? !'`2 i }::.1.,, ? }"{ i::. ?_7 f••l k (••t ? 1..) !:j f::. ? *• ! ?.,? {;` }::. ?,'t (j { i {':i ? (• i 6 10 t.., #..f,..: A .; .; t ;?y { 1°'f::l'? }?a: t::?i i : ';'...: ?,?{::i.i it..I.i'':f'' f..i::. f • .f.Jf'':? !''.!::.'•..:{..?4"!f't`,::.!'.i,.:' +.?(! 1 { `{!m ! :•. ?, i J.(°31... 1::-' F"', -F .... {::i i°i fl ,., t 110 ...1) : t F a: N }... R. 1 !•;1::.{=1M F,E,'''t..}.!`''tilt',,`. 1'? Lb'1::.1'? t.:i...it,• ;,•' 1...?:.;}.:d,}L•:.!.? F;'T'., Pi}::.it l. t .. •a`.1 ?.; ::Jc.; .. ,? i•.}.. ±°I ?.! 1.... ? 1° +..11??; ,`.:::i:.'i.' 1::: .1: !`?; ?,? 1::: ,?"i' :!. 1:r {??; I' :1. t: i t•:{ t, : , i:.:... ... ,...:.. : •. DEPARTMENT OF.THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 CESAW-0089-N-072-0258 PUBLIC NOTICE RF^cn?Fn WASHINGTONOFFICE APR 1.71989 D. F. K April 6, 1989 THE U.S. NAVY, HARVEY POINT DEFENSE TESTING ACTIVITY, Route 5, Box 175, Hertford, North Carolina 27944, has applied for a Department of the Army permit TO CONSTRUCT AND BACKFILL A BULKHEAD ON THE PERQUIMANS RIVER, NEAR HERTFORD, Perquimans 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 construction of approximately 2,600 linear feet of bulkhead located an average distance of 5 feet from the normal water elevation contour. The bulkhead is to be constructed of treated wood and backfilled with clay/sandobtained from u upland source. The purpose of the work is to protect the shoreline from erosion by wind and water. 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, 146-1.1, and 146-12.by the North Carolina Department of Administration and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). 3 _2_ 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 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places-for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process.. That decision should reflect the national concern for both protection and utilization of important resources. All factors which -3- may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 1.1988), 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 w r or net the proposed activity will comply with Sections 301, 3029 306, and 307 of the Water Act. The application and this public notice for the Department of " Clean the Army permit serve., as application to the `DEM'f or-certification. Additional information regarding the Clean Water Act certification may be,. reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after April 28, 1989. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before April 24, 1989, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. `Jeffrey Richter, until 4:15 p.m., May 8, 1989, or telephone (919) 251-4636. O , G 1711, , ]6°T S' t? t Wood'aw .• a t3? C Airport v tr t , 1367 .7 _13 7 1S P7$ woodow 1 b. ` ?. -m Ue_ ,7 07 7]07 - - " C 4t i ^? N D S ilpiz 77n l--30 777.._. :. LWPERQUIMANS f`F? N (O J ??9F 0 r • 00, .? d? ? h Z ?\ k z 00. Q Q? • N • • t 0 • //If e ./ • 82 W C7 c v F (U Q z 0 s, E Z 2 F- ? N ? 0 U ? . 0 w 0 W w a au, c? a c 0 P w 41 0 W J ?- -j 3 ? a ~ Z to W 00 92+00 p w cr W 0 9: IL o Q cl) .b El 9 u u M ? w 9b 07 13#40 n 115*25 v 5 60 ?2?? 44 O 00 I 0 \ I cc w ! A 1 O a II b m O a 0 41 a a? w ? aF 3 id c Q . O ? 7 F- U' 3 r wz J WJ _- -o d cn a Z -. y - 7 w =0 m w U w(Nwtri?W ?° - {rt ?-w (n J J - Q Q J Q X ? 0 J o oC = ? O - r J x E ,, C? W8 G1 -.J Z } r ? ?. Ooti a)u ? 1 J s::? 0 ZI QJ a O uJ ? 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