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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 t- k&IL4?y? George T. Everett, Director WQC# 2428 .?9AT DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT .° M p r _ Date 1910 MEMO: To subject 06,04-1 w? z / G ?? a /04 ,, ,; z , ?. ?. A ? • 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. r ? 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. c ? e m / U O ,? p f 0• \ Q' \O\ o? Y O \ Q U O re. 'rlt+y lr?i O R7 .. l?+i . ?? O \ ??eaPERT-Y of , •.oo > s ti ? W IK. ? NOTE?L?I?AT/ONS ARE /'/.?SL. C), O ? oo A.yp? f PG ? ?P? y U ? vl .?.QD.dPO F/GL Of' Gl/?"TL.9/YO 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?. c X 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. OORI-- w 0 ? . v tea, o N vi o? RAI mod' t _ - __ tea` ,LL 4l O --- s Awo??r CE!/AT_/OiVS : ?9RE MSL NO7-': 0 o? .yA L ' 5 ? R ?PG?P / v A ?°?QO?Pf.?D F/GG OF !?l/?"TL A/fl0 moo. aoX 7:5 o,EG C O, iYC. 284C36 oc7toesR /6, 1916 ?n4 DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT Date d_ MEMO: To Subject w`- Asir t 5, L. f ,'r -. _ 1, 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. i S \ooo+ Q ?• i IP 2- ?O ;;? ws• o P Q• ,o P ? 0 s o, +a 9 0 o s a A (a1j c lb i ? v W ti ? J NOTG ? ?vAT/ONS ?VR f /4,;,5 L 10 ? ?h 3 5 ? ? F PG?P? ?°.QO.dP?D F/GL Of" Gf/?"T,G?4/YO f moo. Box 75 U,EG C O, W. C. 2,YOr3 6-:. ,5GAz-,.r. / "-so Do'TD,cgE.2 /S, 19S 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 -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. i Y u? w • b 10 - 10 O ?'RU PEAF T .,oo ?ss ?. ?P????n+ FJ? by o H oP° O o? +? 9 2 ? NOTE?L. L-?!/AT/O/1/S fI.RE /'9?5 L . i O 4V4A \W °s d )Kt .h 6 .4,3 5 L) R ?1P?GP ?? VV J .°RO8Q0 "-//Z -Z- OF GI/ETG ADO ?..Affec--_ c c A iy,9 w fit! C:. -- /10o. BOX 75 UEG C O, /YC. 2?,OF36- 15CAG E? = .$o ocTD,BE?2 1116, 191F 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: `0 r, - , RED Q JAI 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 9 c X Ilk 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. ?s Z Y y ?RIA z ° ' a a6 ??04 Qo. o? O lip N Vi Q P 0 ?? O s ?CAII • 02? O NOTE ' LE!/AV5 . fVR, O ? R ? 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