HomeMy WebLinkAbout19900110 Ver 1_COMPLETE FILE_19900101" ? ti „csWF'o
auw
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
February 5, 1990 R. Paul Wilms
James G. Martin, Governor
William W. Cobey, Jr., Secretary Director
Mr. J. W. Riggs
Post Office Box 75
Delco, North Carolina 28436
Dear Mr. Riggs:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Private Residence
J. W. Riggs
Lake Waccamaw
Columbus County
Attached hereto are two (2) copies of Certification No. 2428
issued to Mr. J. W. Riggs dated February 5, 1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
George T. Everett
irector
Attachments
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. John Parker
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
NORTH CAROLINA
Columbus 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 Mr. J. W. Riggs pursuant to an application filed on the 16th
day of November, 1989 to fill a wetland area on a private
residence lot near Lake Waccamaw.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Lake Waccamaw in conjunction with the proposed
residence construction in.Columbus. County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate Sections 301, 302, 303, 306, 307
of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant).
2. The amount of wetland fill allowed under this
Certification is only the amount necessary to
provide a single-lane driveway across the wetland
on each side of the lot. The remainder of the
wetland shall not be filled. The top of the
driveway shall not be over twelve feet wide.
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 5th day of February, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
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George T. Everett, Director
WQC# 2428
.?9AT DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
.° M p
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MEMO: To subject
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DIVISION OF ENVIRONMENTAL MANAGEMENT
Date:
To:
From:
January 19, 1990
Bill Mills
Planning Branch
James H. Gregson V6-
Wilmington Regional Office
Through: Preston Howard
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8912-E
DOA Public Notice #CESAW-C090-N-024-0045
Mr. J.W. Riggs
Columbus County
PROJECT DESCRIPTION: Mr. J.W. Riggs has applied for a DOA permit
to place fill material in wetlands adjacent to Lake Waccamaw to
facilitate the construction of a private residence.
ADJACENT WATER BODY: Lake Waccamaw
CLASSIFICATION: BSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
A site visit was made on December 13, 1989.
It is recommended that the 401 Certification be denied for
the project as proposed, however, this office would not object to
the filling of an area for the construction of a standard width
driveway to allow access to a high ground building site.
The placement of fill material in the 2,250 sq. ft. of
wetlands adjacent to Lake Waccamaw, as proposed, is not water
dependent and is not required for the lot to be used as a
building site. Therefor this activity would be viewed as
eliminating the essential functions and therefor the use that
these wetlands provide.
JHG:8912-E.JAN
cc: DCM -
WiRO, CF
Jim Gregson
J
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
f' Wilmington, North Carolina 28402-1890
CESAW-C09G=N-024-0045 November 30, 1989
PUBLIC NOTICE
MR. J. W. RIGGS, Post Office Box 75, Delco, North Carolina 28436, has
applied for a Department of the Army permit TO PLACE FILL MATERIALS IN
WETLANDS ADJACENT LAKE WACCAMAW TO FACILITATE CONSTRUCTION OF A PRIVATE
RESIDENCE NEAR LAKE WACCAMAW, Columbus County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of fill material in a 25-foot-wide,
90-foot-long wetland area (2,250 square feet-0.05 acre) adjacent Lake
Waccamaw. Approximately 80 cubic yards of fill material, obtained from
high ground onsite, are to be placed in the wetland area to prepare the 0.78
acre tract for construction of a single family dwelling. Plans showing the
work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
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 archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
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2
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, 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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; and Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
'V"
-3-
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 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 Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
December 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 December 18, 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.,
January 3, 1990, or telephone (919) 251-4636.
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75 OZZ- C O, iYC. z8 36-
5CALE. i =so vcTD,BE?e i6, /98:
ease type or print. Carefully describe all an-
• icipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
.all projects.
a
1=APPLICANT -- _....:. r.. 9
a. Name J. W. Riggs 1
Address P 0 Box 75 R mi n AT^ M BRANGi
City nP i ag State ar
Zip 28436 Day phone(919) 655-4547 ??
Yes Landowner or Authorized agent\4
b. Project name (if any) n 7a
c. If the applicant is not the landowner, also give
the owner's r/ame and address.
n /a
2: LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SR 1947
b. City, town, community, or landmark
Lake Waccamaw
C. County Columbus
d. Is proposed work within city limits or planning
jurisdiction? NO
e. Name of body of water nearest project
Lake Waccamaw
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).
Bulling a home
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 pro ct, new work, or both?
Ieew Work
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Residence, single family
-LAND AND
WATER=
RACTERISTICS 4 -~w ?••"
. Size of entire tract 0.78 0
Size of individual lot(s) .78
c. Elevation of tract above mean sea level or Na-
4 tional Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
White sand
e. Vegetation on tract Low brusg
f. Man-made features now on tract -NQ"
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
n/a Conservation n /a Transitional
n/ a Developed n/ a Community -
n/a Rural. n /a Other
h. How is the tract zoned by local government?
n/a
i. How are adjacent waters classified? B Swami .
j. Has a professional archaeological survey been
carried out for the tract? No
if so, by whom? n/ a
5- UPLAND DEVELO.?'' .v
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed Single family
residence
b. Number of lots or parcels 1
C. Density (Give the number of residential units
and the units per acre.) 1 per 0.78 acre
d. Size of area to be graded or disturbed
25 feet x 90 feet
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?
n/a
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. None
?;.
List the materials, such as mari, paver stone, b. Amount of material to be excavated from
n/a
ic yards
l in
l
asphalt,.or concrete, to be used for paved
N cub
eve
below water
Type of material
C
one
surfaces. .
marsh-
Does the area to be excavated include
d
h. If applicable, has a stormwater management
f E a
.
land, swamps, or other wetlands?
ya
round
te n /a
Hi
h
n-
plan been submitted to the Divris}an o
/ g
e.
a
of spoil disposal• area n/
Dimensions g
f
vironmental Management.
Describe proposed sewage disposal and/or waste
i .
n/a
g. Location-of spoil disposal area -
.
water treatment facilities. GP2rf e to k
h. Do you claim title to the disposal area? n /a
j. Have these facilities received state or local if not, attach a letter granting permission from
approval?
Describe existing treatment facilities.
k the owner.
i. Will a disposal area be available for future
n/
.
n/ a maintenance?/
-
-
__
a
j. If so, where? _
n Does the disposal area include any marshland,
1. Describe location and type of discharges to swampiand,'or water areas? n/a
eriai be placed below mean
fill ma
Will
h
k
waters of the state (for examplersurface runoff, c
t
e
.
sanitary wastewater, industriallcommercial
or "wash down"). None
t
ffl high water? n/ a 80
1. Amount of fill in cubic yards
d
S
uen
,
e an
m. Type.of fill material
n. Source of fill material on site
Water supply source Private well
in o. Will fill material be placed on.marsh or other
.
n. If the project is oceanfront development, -
-
wetlands? No 90 x25
of the wetland to.be filled
ension
Di
describe the steps that will be taken to main s
m
p.
How will excavated or fill material be kept on
tain established public beach accessways or pro-
u q.
site and erosion controlled? grassed and
vide new access. shrubbery _-
If the project is on the oceanfront, what will
o r. What type of construction equipment will be
.
be the elevation above mean sea level of the used (for example, dra line, backhoe, or
/ a
n/ a
first habitable floor.
hydraulic dredge)?
6 EXCAVA'T'ION AND FILL s. Will wetlands be crossed in transporting equip-
INFORMATION ment to the project site?No If yes, explain
the steps that will be taken o lessen en-
Describe below the purpose of proposed excava-
a vironmental impacts. N/A
.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL) n/a n/a n/a
7 SHORELINE STABILIZATION
Boat basin n/a n/a n/a a. Length of bulkhead or riprap n/a
b. Average distance waterward 9f mean high water
n a
Other (break-
n/a n/a n/a or normal water level
water, pier, c. Shoreline erosiQn during preceding 12 months,
nPa
boat ramp, in feet
rock jetty) d. Type of bulkhead material nLa
to be placed
e. Amount of fill, in cubic yard
Fill placed in
IN s,
below mean high water
wetland or below 90' 251
f. Type of fill material n /a
MHW
Upland fill n/a n/a
F
:t ADDITIONAL11,7EORMATION.
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 Vi 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 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 W. E. Prescott
Address Lake Shore Drive
Lake Waccamaw, N. C. 28450
Name R. R. Richardson
Address Lake Shore Drive
Lake Waccamaw, N. C. 28450
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, 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 Frtu 1,
SION TO ENTER ON LANI
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 30 day of ?-
19?.
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Landowner or Authorized g t
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.
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?n4 DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
Date
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090 -024-0045
11 A
PUBLIC NOTICE
November 30, 1989
MR. J. W. RIGGS, Post Office Box 75, Delco, North Carolina 28436, has
applied for a Department of the Army permit TO PLACE FILL MATERIALS IN
WETLANDS ADJACENT LAKE WACCAMAW TO FACILITATE CONSTRUCTION OF A PRIVATE
RESIDENCE NEAR LAKE WACCAMAW, Columbus County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of fill material in a 25-foot-wide,
90-foot-long wetland area (2,250 square feet-0.05 acre) adjacent Lake
Waccamaw. Approximately 80 cubic yards of fill material, obtained from
high ground onsite, are to be placed in the wetland area to prepare the 0.78
acre tract for construction of a single family dwelling. Plans showing the
work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
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 archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
4# -2-
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, 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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; and Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
4 R
-3-
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 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 Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
December 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 December 18, 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.,
January 3, 1990, or telephone (919) 251-4636.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-024-0045 November 30, 1989
PUBLIC NOTICE
MR. J. W. RIGGS, Post Office Box 75, Delco, North Carolina 28436, has
applied for a Department of the Army permit TO PLACE FILL MATERIALS IN
WETLANDS ADJACENT LAKE WACCAMAW TO FACILITATE CONSTRUCTION OF A PRIVATE
RESIDENCE NEAR LAKE WACCAMAW, Columbus County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of fill material in a 25-foot-wide,
90-foot-long wetland area (2,250 square feet-0.05 acre) adjacent Lake
Waccamaw. Approximately 80 cubic yards of fill material, obtained from
high ground onsite, are to be placed in the wetland area to prepare the 0.78
acre tract for construction of a single family dwelling. Plans showing the
work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
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 archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
-2-
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, 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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; and Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
A
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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 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 Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
December 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 December 18, 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.,
January 3, 1990, or telephone (919) 251-4636.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 15, 1989
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C090-N-024-0045
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
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Enclosed is the application of Mr. J. W. Riggs for Department of the Army
authorization and a State Water Quality Certification to place fill materials
in wetlands adjacent Lake Waccamaw to facilitate construction of a private
residence near Lake Waccamaw in Columbus 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 January 15, 1990, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeffrey Richter, telephone
(919) 251-4636.
Sincerely,
yne Wr ht
cting Chief, Regulatory Branch
Enclosure
A,
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
we
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. n
4?9
a. Name J. W. Riggs
Address P BoX 75 RE(;i11 AT^ ORY 6RANCN
City nP 1 rn State ur
Zip 28436 JDay phone(919) 655-4547
Yes Landowner or Authorized agent
b. Project name (if any n a
c. If the applicant is not the landowner, also give
the owner's rjame and address.
n /a
Z: LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SR 1947
b. City, town, community, or landmark
Lake Waccamaw
c. County Columbus
d. Is proposed work within city limits or planning
jurisdiction? NO
e. Name of body of water nearest project
Lake Waccamaw
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).
Building a home
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 pro ect, new work, or both?
tew Work
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Residence, single family
WATER
4-_- LAND- AND
CHARACTERISTICS
a. Size of entire tract 0.78
b. Size of individual lot(s) 0.78
C. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum -
d. Soil type(s) and texture(s) of tract
White sand
e. Vegetation on tract Low brusg
f. Man-made features now on tract p@*e
g. What is the CAM A. Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
n/a Conservation n a Transitional
n/ a Developed n / a Community
n / a -Rural. n /a Other
h. How is the tract zoned by local government?
.n/a
L How are adjacent waters classified? B Swamp .
j. Has a professional archaeological survey been
carried out for the tract? No
If so, by whom? n/a
5- " UPLAND DEVELOP
r:^ •st-
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed ° Single family
residence
b. Number of lots or parcels 1
c. Density (Give the number of residential units
and the units per acre.) 1 per 0.78 acre
d. Size of area to be graded or disturbed
25 feet x 90 feet
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?
n/a
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. None
g. List the materials, such as marl, paver stone,
asphalt,.or concrete, to be used for paved
surfaces. None
h. If applicable, has a stormwater management
plan been submitted to the Divis?on of En-
vironmental Management? n a
i. Describe proposed sewage disposal and/or waste
water treatment facilities.yntic tank
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
n/ a
1. Describe location and type of discharges to
waters of the state (for example;-surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down"). None
M. Water supply source Private well
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 n/a
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? n/ a
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)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
n/a n/a n/a.
n/a n/a n/a
n/a n/a n/a
90' 25'
11
n/a n/a
b. Amount of material to be excavated from
below water level in cubic yards n / a
c. Type of material n/ a
d. Does the area to be excavated includea marsh-
land, swamps, or other wetlands7
e. High ground excavation, in cubic yards n /a
f. Dimensions of spoil disposal- area n/an/a
g. Location--of spoil disposal area
h. Do you claim title to the disposal area? n a
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?/ n/a
If so, where? n /a
j. Does the disposal area include any marshland,
swamplland,'or water areas? n/a
k. Will the fill material be placed below mean
high water? n/a 80
1. Amount of fill in cubic yards
m. Type of fill material Sand
n. Source of fill material on site
o. Will fill material be placed on.marsh or other
wetlands? No
p. Dimensions of the wetland to be filled90' x25'_
q. How will excavated or fill material be kept on
site and erosion controlled? grassed and
shrubbery
r. What type of construction equipment will be
used (for example, dra line, backhoe, or
hydraulic dredge)?/a.•
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. N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap n/a
b. Average distance waterward 9f mean high water
or normal water level n a
c. Shoreline erosion during preceding 12 months,
in feet n a
d. Type of bulkhead material n /a
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material n /a
. r? It
ADDITIOMi h7INEORMATION:
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 Vh 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 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 W. E. Prescott
AddressLake Shore Drive
Lake Waccamaw, N. C. 28450
Name R. R. Richardson
Address Lake Shore Drive
Lake Waccamaw, N. C. 28450
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, 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 PERwS
SION TO EN 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 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 30 day of Er- t
19<9
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Landowr r or Authorized g t
c
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.
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