HomeMy WebLinkAbout19910014 Ver 1_COMPLETE FILE_19910202't, ..Z-1%
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett, Ph.D.
VA Ham W. Cobey, Jr., Secretary Director
January 15, 1991
Mr. William R. Peele, III &
Mr. Dale P. Peele
511 West Main Street
Washington, North Carolina 27889
Dear Mr. Peele:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Roadway Access and Parking
Camp Leech Estates
Mallard Creek
Beaufort County
Attached hereto are two (2) copies of Certification No.
2556 issued to William and Dale Peele dated January 15, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
George T. Everett
r Director
Attachments
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. John Dorney
Mr. John Parker
Poiludon Pmwntlon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
NORTH CAROLINA
` Beaufort 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 William and Dale Peele pursuant to an application filed on
the 15th day of January, 1991 to construct a roadway access and
parking.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands adjacent
to Mallard Creek in conjunction with the proposed roadway and
parking in Beaufort County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. No further fill should be done on this lot in the
future.
3. This Certification shall expire two years from
issuance of the 404 permit.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
.This the 15th day of January, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
QMdL
George T. Everett, Director
WQC# 2556
1
DIVISION OF ENVIRONNFNTAL MANAGJ T
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT NAME: _j
COUNTY:
STREAM AAaDJAC
BASIN: 1 +?
PROJECT #:--7/ hTER BODY:_ CLASS: •je_ je.0
'404' PUBLIC NOTICE: (Y OR N)
b,XIONWIDE PERMIT: (Y OR N) it
DESCRIPTION:.
WATER QUALITY CERT. (401)
CERT. REQ'D: (Y OR N) •/
IF YES: GENERAL CERT: /?[ (Y OR N)
TYPE GEN: INDIVIDUAL CERT:-4/
(BULKHEAD, BOAT RAMP, ETC.)
ASSIGNED TO:
DATE APP. REC'D.: ? 4YY/MM/DD)
&?E4yz
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION: S.c.?
FINAL REPORT q/ 6 16 I (YY/MM/DD) (ISSUE/DENY/OTHER)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXtISTING,uPROPOSED SEPT T ETC.)
TO BE PERMITTED BY: (Dal, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE Aft PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND :
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
SEQUENCIAIG
IS SEQUENCING REQUIRED? j- OR N)
PRACTICABLE ALTERNATIVE? (Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? \ (Y OR N)
c
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JAN 1991
cc: WaRO - Mills - Central Files - COE
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•
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. ,Martin, Governor Roger N. Schecter
Will W. Cobey, Jr., Secretary 11/14/90 Director
Ms. Deborah Sawyer
NC DEH&NR
Div. Environmental Management
P.O. Box 1507
Washington, NC 27889
REFERENCE: CESAW-91-0030
Applicant/Sponsor: William R. Peele & Dale P. Peele
Fill .02 Acre Wetlands for Access Road Adjacent Mallard Creek
Dear Ms. Sawyer:
The attached U.S.'Army Corps of Engineers Public Notice, dated
11/08/90 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form tome before 12/04/90.
Sin erely
Ste en B. rB to
Consistency Coordinator
REPLY This office objects to the project as proposed.
V/Comments on this project are attached.
This office supports the project proposal. "
f
No Comment.
Signed
Date / 2 Z"
Agency E/T1 [-cl
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action Employer
X45
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C091-N-007-0030
c 0,
C11
L J,
November 8, 1990
PUBLIC NOTICE
MR. WILLIAM R. PEELE III, and DALE POWELL PEELS, 511 West Main Street,
Washington, North Carolina 27889, have applied for a Department of the Army
(DA) permit TO PLACE FILL MATERIAL INTO APPROXIMATELY 0.02 ACRE OF WETLANDS
ADJACENT TO MALLARD CREEK, IN CAMP LEECH ESTATES, BEAUFORT COUNTY, NORTH
CAROLINA.
This public notice does not imply,
or other agencies, either favorable or
performed; but it is issued to solicit
which a final decision will be based.
on the parts of the Corps of Engineers
unfavorable opinion of the work
comments on the factors listed above on
The following description of the work is taken from data provided by the
applicant's consultant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the placement of approximately 95 cubic yards of earthern
fill material to construct a 20-foot-wide access road and a 50-foot by 50-foot
under the house parking in wetlands. The purpose of the work is to access the
upland areas of the lot for a. single-family home. The dwelling will be
constructed on pilings. Plans showing the work are included with this public
notice. A field survey of the 0.60-acre tract was conducted on February 6,
1990. Inventoried vegetation included loblolly pine (Pinus taeda) and red
maple (Ater rubrum), common reeds (Phragmites australis), grape (Vitis sp.)
and greenbriar (Smilax rotundifolia). The applicant proposes to mitigate
onsite by excavating high ground portions of the property to the elevation of
adjacent wetlands. Additional information may be obtained from the
consultant, Hood Richardson, R.L.S., 208 North Market Street, Washington,
North Carolina 27889, telephone (919) 975-3472.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina. Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
Management (DEM).
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the NCDCM.
-2-
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested DA permit will be denied if any required State or local
authorization and/or certification is denied. No DA permit will be issued
until a State coordinated viewpoint is received and reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency,
with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344).. Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in'the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
1` . .
-3-
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, 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; 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 DA permit will not be made
until the 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 DA permit
serves as application to the DEN for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, DEM,
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 DEM plans to take final action in the issuance of the Clean Water Act
certification on or after November 30, 1990. ,
r4
-4-
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 November 26, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Norm Sanders, until 4:15 p.m.,
December 10, 1990, or telephone (919) 975-3025.
? Wafna
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AREA MAP
90-ot -z1pcv
/AI
. n
k
Goose Creek State Pork
REFERENCE
D. B. 842, P. 202 Covenants
Comp Leach Estates
Plot C46 C, Slide 27Y
(26
Edgar S. Douglas, ,&
and
?oney Let Doug/as
LOT 26 - 404 WETLANDS
AREA I 7.5's 21' s NSZS'
1/2(23 x 21) - 241.5'
399.0 ft'
AREA II 4'x 50' -- 200'
&'x 43' • 129'
11.5' x 26' - 299'
626 ft
AREA 31E 20'x 45'= 900'
TOTAL • 1927 ft'
INT16ATM
AREA A 1/2(ISa 32) - 240 tt[
AREA 8 11'x 3' s 33?
273 ft'
ID
ID
N
Iv-
PRIVATE ROAD LEGEND
o Now Iron Pipe
60 Right-of-Way • Found Iron Pipe
o Point
To S. R. 1335 ---- = `?J Wtl/ands
/ • Sewage Pump station
?'`DilcA
a eo 90 w0flands Used
' ?••atr... Scare
Mitigation
LATITUDE 35. 27' 40"
LONGITUDE 76. 53' 28"
OrtiwtiaU 3 2' 1 p 2' 1
uw.o -T.
Ot'E
ORIVEwA_Y CROSS-.,SECTION
TYPICAL
Property oft WILLIAM R. PEELE,
5 DALE POWELL PEELE
Both Township Bioufort. County
North Coroino
Se01s:Ais she-n-Swvsy Dots- Awgmt 27, 1990.
SURVEYED 4Y-HOOD RICHARDSON PA
208 NORTH MARKET STREET
WA9wNGTON, N.C. 276"
PHONE, 973-3472
4o - of -"u A
I
T s
e . SUTF
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
January 15, 1991
CECO Contractors, Inc.
Post Office Box 344
Farmville, North Carolina 27828
Dear Sir:
George I Everett Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Roadway Access
Camp Leech
Mallard Creek
Beaufort County
Attached hereto are two (2) copies of Certification No.
2555 issued to CECO Contractors, Inc. dated January 15, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
eorge T. Everett
Director
Attachments
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. John Dorney
Mr. John Parker
Pollution Prevention Pays
P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-7015
0 A
NORTH CAROLINA
beaurort 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 CECO Contractors, Inc. pursuant to an application filed on the
14th day of November, 1990 to construct a roadway access.
The Application provides adequate assurance that the
discharge of fill material into the wetlands adjacent to Mallard
Creek in conjunction with the proposed roadway in Beaufort County
will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. No further wetland fill should be done on this lot
in the future.
3. This Certification shall expire two years from the
issuance of the 404 permit.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 15th day of January, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eorge T. Everett, Director
WQC# 2555
DIVISION OF ENVIRONMENTAL MANAGEMENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT Nlj?E
COUNTY:
STREAM OR ADJ
BASIN: -,-_p
CT DES
- - - PROJECT #: 17, A
WATER BODY:??Q &.Q? . CLASS:sSG
'404' PUBLIC NOTICE: (Y OR N)
NATIONWIDE PERMIT: (Y OR' N) #
I^ ,
ASSIGNED TO: A?)4118
DATE APP. REC'D.: rt( S YY/MM/DD)
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION: j 2
FINAL REPORT: ?)/ d 3 (YY/MM/DD) (ISSUE/DENY/OTHER)
WATER QUALITY CERT. (401)
CERT. REQ'D: (Y OR N)
IF YES: GENERAL CERT: /" (Y OR N) 1
TYPE GEN: INDIVIDUAL CERT :
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL ,
TYPE OF DISPOSAL PROPOSED: --
?J (EX STING, P POSED SEPTIC TAN, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND : .6 o2 0 -c?
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
SEQUENCING
IS SEQUENCING REQUIRED? (Y OR N)
PRACTICABLE ALTERNATIVE? (Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? 1 (Y OR N)
COMMENTS 19
dq41
/any Gv?
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cc: WaRO - Mills - Central Files - COE
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street 9 Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary 11/14/90 Director
Ms. Deborah Sawyer
NC DEH&NR
Div. Environmental Management
P.O. Box 1507
Washington, NC 27889
REFERENCE: CESAW-91-0031
Applicant/sponsor: CECO Contractors, Inc.
Fill .02 Acre of Wetlands for Access Road Adjacent Mallard Creek
Dear Ms. Sawyer:
The attached U.S. Army Corps of Engineers Public Notice, dated
11/08/90 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 12/04/90..
4Sin erely
Ste en B . rB to
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
Y
No Comment.
Signed
Date
Agency DLY}1-- t-t-)
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action Employer
N
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C091-N-007-0031
PUBLIC NOTICE
,2
November 8, 1990
.CECO CONTRACTORS, INC., Post Office Box 344, Farmville, North Carolina
27828, has applied for a Department of the Army (DA) permit TO PLACE FILL
MATERIAL INTO APPROXIMATELY 0.02 ACRE OF WETLANDS ADJACENT TO MALLARD CREEK,
IN CAMP LEECH ESTATES, BEAUFORT COUNTY, NORTH CAROLINA.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based.
The following description of the work is taken from data provided by the
applicant's consultant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the placement of approximately 95 cubic yards of earthern
fill material to construct a 20-foot-wide access road in wetlands. The
purpose of the work is to access the upland areas of the lot for a single-
family home. The dwelling, deck, foot bridges, and screened porch will be
constructed on pilings. Plans showing the work are included with this public
notice. A field survey of the 1.10-acre tract was conducted on February 6,
1990. Inventoried vegetation included loblolly pine (Pinus taeda) and red
maple (Acer rubrum), common reeds (Phragmites australis), grape (Vitis sp.)
and greenbriar (Smilax rotundifolia). The applicant proposes to mitigate
onsite by excavating high ground portions of the property.to the elevation of
adjacent wetlands. Additional information maybe obtained from the
consultant, Hood Richardson, R.L.S., 208 North Market Street, Washington,
North Carolina 27889, telephone (919) 975-3472.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental
Management (DEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the NCDCM.
r
-2-
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested DA permit will be denied if any required State or local
authorization and/or certification is denied.' No DA permit will be issued
until a State coordinated viewpoint is received and.reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency,
with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with,
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific,.prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case.. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
-3-
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, 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; 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 DA permit will not be made
until the DEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, DEM,
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 DEM plans to take final action in the issuance of the Clean Water Act
certification on or after November 30, 1990.
-4-
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 November 26, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Norm Sanders, until 4:15 p.m.,
December 10, 1990, or telephone,(919) 975-3025.
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REFERENCE
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DRIVEWAY CROSS- SECTION
TYPICAL
Property of=
CECO Contractors, Inc.
Both Township Bioutort County
North Corokno
Scole-k o+ 4-Survey Dote- August 27, 1990
SURVEYED BY: HOOD RICHARDSON PA
208 MOWN MARKET STREET
WAS UNGTON, N.C. 278"
PHONE, 975-3472
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