HomeMy WebLinkAbout19910031 Ver 1_COMPLETE FILE_19910202o• SfATF o
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobe, Jr., Secretary
February 8, 1991
Mr. James Wells
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
George T. Everett, Ph.D.
Director
Dear Mr. Wells:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Maintenance Dredging
Cape Fear River
Brunswick, Columbus, Bladen and Cumberland Counties
Attached hereto are two (2) copies of Certification No. 2567
issued to U.S. Army Corps of Engineers dated Februa?8, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
.George T. Everett
Director
Attachments
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
PoUu&m Preven&m Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
NORTH CAROLINA
Brunswick 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 U.S. Army Corps Qf Engineers pursuant to an application filed
on the 21st day of November, 1990 to conduct maintenance dredging
in Cape Fear River in Brunswick, Columbus, Bladen and Cumberland
Counties.
The Application provides adequate assurance that the
discharge of fill material into the waters of Cape Fear River in
conjunction with the proposed maintenance dredging 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).
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 8th day of February, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eorge T. Everett, Director
WQC# 2567
DIVISION OF ENVIRONMENTAL MANAGEMENT
Date:
To:
From:
Through:
January 28, 1991
11-1.S ,",
Planning Branch
James H. Gregson)?/-
Wilmington Regional Office
Dave Adkins
Wilmington ional Office
C
f?`l rFe
14
-
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 9012-G
U.S. Army Corps of Engineers
Maintenance Dredging Cape Fear River Above Wilmington
Brunswick, Columbus Bladen and Cumberland Counties
PROJECT DESCRIPTION: The Wilmington District Corps of Engineers
proposes to perform maintenance dredging in the Cape Fear River
at five locations above Wilmington. Dredging will be by
hydraulic pipeline dredge and the spoil will be placed at the toe
of the bank.
ADJACENT WATER BODY: Cape Fear River
CLASSIFICATION: WS-III
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require a 401 Water Quality Certification,
and that Certification should include the following condition.
That the proposed project should be done in such a way as to
not cause the turbidity outside the immediate construction
area to exceed 50 NTU.
This office has no objection to the project as proposed.
JHG:9012-G.DEC
cc: Wilmington Regional Office Files
Central Files
DCM-Steve Benton
Jim Gregson
f •y
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
William W. Cobey, Jr., Secretary Director
12/03/90
Mr. Jim Gregson
NC DEH&NR rtiw 4'" L `"
Diva Environmental Management
ors •?r
7225 Wrightsville Avenue
Wilmington, NC 28403
REFERENCE: CESAW-91-0006 ": .. "
Applicant/Sponsor: U.S. Army Corps of Engineers
Maintenance Dredging Cape Fear River Above Wilmington
Dear Mr. Gregson:
The attached U.S. Army Corps of Engineers Public Notice, dated
11/21/90 concerning a federal project or permit is being circulated
to interested State agencies for comments.
This project has previously been reviewed and found consistent
with the North Carolina Coastal Management Program. However, please
feel free to comment directly to the Corps (with a copy to me)
or through me before 12/21/90.
4esinerely ,'?
n B. B to
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Qrolina 27611-7687 Telephone 919-733-2293
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-ND-•91-0006
November 21, 1990
PUBLIC NOTICE
MAINTENANCE DREDGING IN CAPE FEAR
ABOVE WILMINGTON, NORTH CAROLINA
(BRUNSWICK, COLUMBUS, BLADEN, AND CUMBERLAND COUNTIES)
The WILMINGTON DISTRICT CORPS OF ENGINEERS, Wilmington, North Carolina,
proposes to perform dredging in the Cape Fear River Above Wilmington, North
Carolina.
PROJECT DESCRIPTION. This maintenance work which is scheduled to begin
after January 1991, and be completed prior to March,1, 1991, will.require
the removal of all material lying above the.plane of 10 feet below mean low
water (MLW) in Bulkhead Channel within the designated limits of the channel
shown on the enclosed drawing. The estimated quantity of material to
be removed from the channel is approximately 75,000 cubic yards of
predominately coarse sand. The dredged material will be placed at the
toe of the bank as close as possible to natural shoals outside the limits
of dredging. Dredging using this same disposal method was last performed
during the winter of 1986. There is no development near the disposal areas.
Dredging will be accomplished by a hydraulic pipeline dredge selected by
competitive bidding.
A drawing showing the proposed work and disposal area is enclosed with
this notice.
The proposed disposal areas are within the flood plain. The.dredging and
discharge of dredged material has been evaluated for adherence to the
requirements of Executive Order 11988, Flood Plain Management. The proposed
actions maintain navigability and help minimize the impacts of floods on human
safety, health, and welfare. In order to ensure navigability of the AIWW,'the
proposed activities must be located in the flood plain.
The proposed action has been evaluated under Executive Order 11990,
Protection of Wetlands. The work will not require dredging or filling of
any wetlands.
No impacts to known archeological/historical resources or endangered
species will occur.
There is enclosed a list of Federal, State, and local agencies with whom
these activities are being coordinated.
A Final Environmental Impact Statement (FEIS) related to the authorized
maintenance of the Cape Fear River Above Wilmington, North Carolina, was filed
with Council on Environmental Quality on October 21, 1976.
-2-
The proposed action is consistent with the approved Coastal Management
Program of the North Carolina (N.C. Department of Natural Resources and
Community Development's letter dated December 15, 1980). ASection 401 Water
Quality Certificate (#1444) for toe of the bank disposal was issued on
December 12, 1980. A Section 404(b) evaluation report (P.L. 95-217) for toe
of the bank disposal was completed on February 10, 1981.
The decision whether to perform this work was based on an evaluation of
the probable impact including cumulative impacts of the proposed activity on
the public interest. That decision will reflect the national concern for both
protection and utilization of important resources. The benefit which
reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. All factors which may be
relevant to the proposal will be considered, including the. cumulative effect
thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, floodplain values, land use, navigation, shoreline,
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.
Any person who has an interest which may be affected by the disposal of
this dredged material may request a public hearing.. The request must be
submitted in writing to the District Engineer within 30 days of the date of
this notice and must clearly set forth the interest which may be affected and
the manner in which the interest may be affected by this activity. In order
for such request to be given appropriate consideration, it should be mailed or
delivered to the U.S. Army Engineer District, Post Office Box 1890,
Wilmington, North Carolina 28402-1890, in time to be received on or before
December 24, 1990. All correspondence should refer to the number and date of
this notice.
For additional information concerning' this project, contact Mr. James
Wells, U.S. Army Corps of Engineers, Post Office Box 1890, Wilmington, North
Carolina 28402-1890, or telephone (919) 251-4824.
Thomas ASuermanin
Lieutenant Colonel,
Corps of Engineers
District Engineer
GEORGE T. BURCH
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