19890345 Ver 1_Complete File_19890101

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor December 13, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Alligator River National Wildlife Refuge
Post Office Box 1969
Manteo, North Carolina 27954
Dear Sirs:
Subject: Certification Pursuant to Section 401 of the Federal
Chea>, Water ;Act, a
Progwed Cu vested Crossings
Alligator River National Wildlife Refuge
Canals tributary to Milltail Creek and Alligator River
Dare County
Attached hereto are two (2) copies of Certification No. 2416
issued to the Alligator River National Wildlife Refuge dated
December 13, 1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
. Paul Wilms
Attachments
cc: Wilmington District Corps of Engineers
Wohington Regional Office
r. William Mills
Mr. Stephen Benton
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
,r
NORTH CAROLINA
Dare 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 the Alligator River National Wildlife Refuge pursuant to an
application filed on the 8th day of September, 1989 to construct
culverted crossings to replace bridges across canals at four
locations.
The Application provides adequate assurance that the
discharge of fill material into the waters of canals tributary to
Milltail Creek and Alligator River in conjunction with the
proposed culverted crossings in Dare 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.
Condit on(s }am of Celt f?,aa? on
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant).
2. That the culverted crossings be constructed and
maintained so as to not cause restriction of flows
in the canals.
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 13th day of December, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
otkto?
R. Paul Wilms, Director
WQC# 2416

NKDATA DF/CAMA/40i REV DATE 01/04/88
ACTION > FILE > DFCAMA40i PSWD > FORMAT > NRDFCAMA TEXT RCD - > 00Ug0
ACTION! = ADD. EATER THE DATA TO BE STORED Fl=;D DATA
PROJ; : 607 /7? PRO J : 1,L S J'M-) COUNTY : lp" REGION: !T7
• ASSIGNED TO: 0 1" JOINT NOTICE:
TYPE CERTIFICATION RECOMMEND DATES YYMMDD
404 Pig! : ? 401 REG : ISSUE : Y RECEI LIED : ?' g G lcrsl
CAMA ONLY: GC: DENY: INITIAL REPORT:
DF/CAMA : SECT"' : 9UlP R, E0 : 1101-D : FINAL REPORT: $ 511619
RECEIVING STREAM: /'yk&&:p e4-4&? CLASS- RASIN:
COMMENTS:
COP I ES: U-)a- 6?0 -
Y

DEPARTMENT OF THE ARMY WASHIkTON OFFICE
Wilmington District, Corps of Engineers
Post Office Box 1890 SEP 81989
Wilmington, North Carolina 28402-1890
D, F_ M.
CESAW-CO89-N-028-0465 August 31, 1989
PUBLIC NOTICE
THE ALLIGATOR RIVER NATIONAL WILDLIFE REFUGE (NWR), Post Office Box 1969,
Manteo, North Carolina 27954, has applied for a Department of the Army
(DOA) permit TO PLACE FILL MATERIAL IN CANALS DRAINING TO MILLTAIL CREEK AND
THE ALLIGATOR RIVER ASSOCIATED WITH THE INSTALLATION OF CULVERTS WITH
FLASHBOARD RISERS TO REPLACE FOUR DETERIORATED WOODEN BRIDGES, ALLIGATOR RIVER
NWR, Dare 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 a total of approximately 660 cubic,.
yards of fill material: over 30-foot-long culverts to replace deteriorated
wooden bridges over canals at four, locations. The canals have a typical width,
of approximately 20 feet. 4pproximately 2,A400 sRuare .feet (0.06 acre) of opea,.
water area w hin` ..canals '":is ?toY he f;i lle :." e £i I Did ik :ai is Lo be
obtained from an upland source. The work is to be accomplished with a
dragline or excavator. The purpose of the work is to replace deteriorated
bridges providing for safe vehicular traffic within Alligator NWR. 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 (NCCZM) Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) 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 NCDCM.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
-3-
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,
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 DOA permit will not be made.
until tho North Carolina Division of Environmental. Management (DIM) 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 cimpiy
with' S?ct'iz?' 011" ,3TO2, 30 n?t?"3 7 of `the C3ae u G? ate A t. Tli ? ap li-cation ;::.. ; -
and this public notice for the DOA permit serve 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 DEM plans to take final action in the issuance of the
Clean Water Act certification on or after September 22, 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 September 18, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
October 2, 1989, or telephone [phone].

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