19930877 Ver 1_Complete File_19930128

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A, Preston Howard, Jr„ P.E., Director
September 15, 1995
Mr. Guy Stefanski
Water Quality Section
Albemarle-Pamlico Estuarine Study
P. O. Box 29535
Raleigh, N.C.27626
Dear mr. Stefanski;
YTTA
[D F= F1
F I L E X1
Re: Modification of 401 Certification
Removal of Quaker Neck Dam
DEM # 93877, COE # 199304749
Water Quality Certification Number 2865 issued to you on 14 December 1993 is
hereby modified to reflect project modifications as discussed in your 14 September 1995
letter. All other conditions still apply to this project.
Please call Mr. John Domey at 919-733-1786 if you have any questions.
Sincerely,_
4ton "Howard, Jr. P
93877.mod
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
John Parker; DCM
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment, 'Av
Health and Natural Resources (??
Division of Environmental Management -?
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N F1
A. Preston Howard, Jr., P.E„ Director
December 14,1993
N. C. DEHNR
Albermarle-Pamlico Estuarine Study
P.O. Box 27687
Raleigh, N.C. 27611-7687
Dear Sirs:
Subject: Certification Pursuant to Section 401 of the Federal Clean
Water Act,
Proposed dam and fish ladder demolition and replacement dam
.construction
Project # 93877, COE # 199304749 ,
Wayne County
Attached hereto is a copy of Certification No. 2865 issued to
N.C. DEHNR, Albermarle-Pamlico Estuarine Study dated 14 December,
1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
I
reston Howard, Jr. P.E.
J
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mt. John Dorney
John Parker, Division of Coastal Management
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

NORTH CAROLINA
Wayne 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 DEHNR Albemarle-Estuarine
Study in Wayne County pursuant to an application filed on the 11th day
of October, 1993 to remove an existing dam and fish ladder at
C.P.&L.'s Quaker's Neck dam and construction of a dam in a bypass
canal. .
The Application provides adequate assurance that the discharge of
fill material into the waters of Nuese Riveer in conjunction with the
proposed development in Wayne 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).
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 or Coastal Area Management Act Permit.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
This the 14th day of December, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
estonIoward r. P . E .
WQC# 2865
-N,
State of North Carolina RECEIVEQ
Department of Environment, SEp MAI 15
Health and Natural Resources ENV!RON;y 1995' 4 • •
Division of Environmental Management ENrALScIENCE,
6M
James B. Hunt, Jr., Governor
® C F1
Jonathan B. Howes, , Secretary A. Preston Howard, Jr., P.E., Director
Dr. G. Wayne Wright September 14, 1995
Chief, Regulatory Branch
US Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Subject: Modification to Permit No. Action ID. 199304749 for Removal of Quaker
Neck Dam and Associated Work
Dear Dr. Wright:
The NC Department of Environment, Health and Natural Resources (DEHNR)
respectfully requests that the above referenced permit be modified to reflect the
following changes in the scope of the project.
1. As issued, the permit indicates that the sheet pile weir proposed to be installed
in the bypass canal will be located adjacent to the short canal which contains
the lake makeup pumps (shown in Sheet 2 of 5 on the permit). We request
that the permit be modified to show the weir location near the mouth of the
bypass canal as shown in Attachment 1. to this letter.
2. On the issued permit, attached sheet 5 of 5 showed that the elevation of the
top of the sheet pile weir would be 56.2 feet. This elevation was based on a
study conducted by the Corps to ensure that sufficient water would be
available for operation of the Lee Plant makeup pumps during low river flow
conditions. We are requesting that the permit be modified to show that the
weir .height be increased to elevation 64.2 feet. This increased height will
ensure that the weir is clearly visible to any recreational anglers or other
boaters.
3. To ensure that sufficient water flow will be maintained in the bypass canal
during low river flows, dredging of a small portion of the bypass canal will be
required. We estimate that the amount of material to be dredged will be on
the order of 500 cubic yards. We request that a provision for this dredging, as
well as subsequent maintenance dredging of the bypass canal for a 10 year
period, be added to the permit. All dredged material will be disposed of on
high ground, except an estimated 150 cubic yards of material which will be
placed adjacent to the sheet pile weir to prevent scour.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
By copy of this letter, I am asking that Mr. John Dorney amend as necessary the
previously issued 401 water quality certification (#2865, December 14, 1993) for this
project.
I appreciate your consideration of these requested changes. If you have any
questions, please contact me at [phone] ext. 585.
Sincerely yours,
Guy Stefanski
Project Coordinator
Attachment
cc: John Dorney (DEHNR)
Randy Rabon (CP&L)
W.T. Bryson (CP&L)

AUG 22 '95 08:40AM NUCLEAR SERVICES & ENVIR SUPPORT
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` WATER QUALITY PLANNING Fax:[phone]
State of Norrth Caroisn'a
Department, of Environment;
Health and Natural Resources
Ja. m e s 8- Hu nt; J' ., G ove mo.r
Jonathan R Ho Wes, Secretary
Steven J. Uvita? Demuty _-crezary
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Division of FffivironmenW Miulage:ne:1't
Wace Quality Planning
_ P.O. aox 2953.5
Raleigh, N.C. 27626-0535
PAX:(919) 715?5a37,
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WATER QUALITY PLANNING Fax:[phone] Sep 14 '95 1143 P.02/05
DRAFT
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Dr. G. Wayne W. I'ght ,
Chief, Re at() .
j US Arm1? Carps;. Qf Engineers
P.O. Box 1890
Wihnington, NC 128402-1890
September 14,1995
i
i StabjeCt: Modii"xr t6'Pe t .No. Action ID. 199804749 for Rea?oval of Quaker
Nc Darn and Associated Work
Dear Dr. Wright:'
j The NC •Deparmn a rofEnv1wnmenM• .Health and 1wTat ral Peaa?urces (DEHNR)
respe ly requ6ts:that the above referenced permtttbe*odified to reflect the
following changes in the scope of the project.
I. As iwued;I the- permit indicates. that the sheet pile weir proposed to be installed
in the.byp?sa coif w l•be located adacent to the "rt:canal which contains
the lake rn?alceizp piimps,-(shown.in Skieet 2 of 5 oA 6e pernnit). We request
i s that the "it-be modified to-,"w the weir location near the mouth of the
bypass canal as -shown in Attachment 1 to this letter.
2.: On the issued perrrtit, aMwlwd sheet 5 Of g ahawed dut the elevation of the
top of- the;sheet pie weir wou.d• be 5. feet. ',elevat3uvn ivas based on a
i study- con0ucttd-by--tbe Corpa,•to. emure that stixcient water would be
availabte.for operation of the Lee. plant makeur purnpa during law river flaw
i cojWtl . We Are.:+e+Wti . that tbe. pent be Vie. d to, show that the
weir heighi be increased to elevation 64.2 teat. This *eased height will
ensure tit :weir clearly visible to any eationd ar%lers or other
, the is
boaters.
j 8. To ensurei tb c.q.01cient water Bow wig be mgnu in the bypass car?al
during lour river flOWD, *edging of a• smell P 1m of the bypass canal will be
iegWn i J We estlraa?e that the -amount of material to be- dredged will be on
! tl3eorder of 500 id yards. We request that a pri vision for this dredging, as
weB oa a tam a dredging of the bypass canal for a 10 year
! added to the pent. All dredged mterial will be disposed of on
lug gcoi?nd, eiceept. an esdmated 1S0 cubic yards .of maternal which will be
uiaced acliacent to the sheet pile weir to prevent sWur.
WATER QUALITY PLANNING Fax:[phone] Sep 14 '95 11.44 P.03/05
wit a' dm that.-Mr. J*m Frey , as sieaessary the .
By Copy of; ti ts: leer; I;
proously issued 4a1 watef quality certification 02865, Ukomber 14, 1993) for t us
pr°lect-
I appreciate youi eonsid roti ; of se. r$gueated changes. If you t?ave any
quesfions, pleaselaon 4cl meat (91 93SZM ext 585.
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Sinmdy- ymm,
DRAF
Gtly Ste€anold
FT*Ct coordh utor
Attadment
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Randy R n . (CP4L)
W.T. $ry 4c ail;)
° WATER QUALITY PLANNING Fax:[phone] Sep 14 '95 11:44 P.04/05
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WATER QUALITY PLANNING Fax:[phone] Sep 14 '95 1150 P.05/05
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FAX TO: 32
WATER QUALITY PLANNING Fax:[phone] Sep 14 '95 1327 P.01/03
State -of North C,sr©linb
Department of Erivirorliment, e -
Health and'Natural Resourco-s #-,
James H. Hun't;J ., Govempr
i
Jonathan & Hoge4 Secretary
SE?E" F=1
teven J_ Levitas, Deputy.S,°cretary, 17ivwon of 'Eavironmencal Mulagemerit
' IvVamr Quality Planning
• I p.O. Boy 29535
_ Raloi-h, N.C. 27626-0535
PA.X:(919) 713-637,
FROM aq '??"-rLGvtSc- , • . .
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<.. WATER QUALITY PLANNING Fax:[phone]
State
pepartment:o :Ehvfrot men#,
tealt and N-tturc?F•Res.i?ices
Division of EnVironrrkintcsl MOnagemont
Jaynes B. Hunt,, r., Governor
Joriathan B. H6? /as. Secretary
A. Preston How9rd, Jr., P.E.. Director
Dr. G. Wayne Wright
Chief, RegaMkq Braro
US Army Corps of Engineers
P.O. Box 1890
W.&iin&n, NC. 2M. -•189.0
Subject: N1oaifica n. to,perm!t No. Acdon W.
Ne a Vam 11M AssWaW Wank
Dear Dr. Wright. I
September 14,1995
199304749 for Removal of Quaker
"T a NC: Depa rt ax ?iviconuwnt,. Health and Natuml.Resources; (l7EHNR)
respe.cM ly regtis sts•-,ftt. tbe.- above referenced permit be modified to reflect the
following &- nge?s in ft serspe of tbe- proje`?-
1. As issued, the. permit indicates that the sheet Poe weir proposed to be installed
in file byp , canal will be located adjacent to the smart .canal which conWW
the lake .n,ak .pupa: (sh??l+un in .c,et 2 of 5 OR 4-W permit), We request
los:atcc?n near the mouth of the
that the poe ..be inns i es1-.•ta-•sliow the weir
p-shown in Attachment 1. to this letter.
bypass csrial as
2. an the iced that the elevation of the
atWAwd eheet 5 5 showed
!•
top -of thi.l : * 4.e.-weir would-be 56.2 feet. his v evaWonwasbasedona
A
study ? i>a ed by Co try ens* t aldffivent water would be
available;.: fox aperaIHW of the Lee Pmt makeup- pump's; during low river flow
that the ce"t be moaned to show that the
consfitions. W..
weir, tpare reques to et ngle.vaPi ion 64.2 feet.: Tlis ;eased height will
hs:i
ensnte tit ft vvei<r lo cleasl visible to a a" anglers or other
$ f Y
boaters-
in the bypass canal
•.
water flow -will be
3. O a tha#;;si?ufflci?x?t w n?s?i rntatioes of the bypass) canal will be
i
,? yv river. flaw's,. dycecg$: of IL Man P.M
will be on
recf'u d" We ?te• that. the :.mo t of maWrW to be dlFedged
>ernnsion for this dredging, as im. the os of •:ci?c yrerds. 1?T? reeluest that a ? ,
welt as. s 'gent finance dredging of the ass canal for a 10 year
rind a c1 try' fie' permit. All dredged ma 'teal' will be disposed o on
1M' I
ex an :estimated 150 cubic yax of matefial which will be
b. cept
ievent scour.
>3 a le weir to p
placed . larOM to the sheet pi
P.O. BOX 29w, pde49h, North COMM' 2762-6-OW Telephone M-733-7015 FAX [phone]
-Mod/ 10% pod-consumer paper
An Equakoppo?fiunitY Atfumative Action Employer 50% fecy
' i
Sep 14 '95 13:27 P.02/03
WATER QUALITY PLANNING Fax:[phone] Sep 14 '95
nd.
By.' ?P F of'tws ,lever, .1, sm ? that! lair. Jahn Dorrey ?nb
pre?ioatsly tssned.401 wites ty ? •
project.
I appsee t yob SAM of tl,?se -requested dw4M i
questions, please.mtact,? at (91) 7,33.5485 ext. 585.
Sincerely yours,
i
G.uy Stefamlci C
p d, com&mtac
Attac bent
cc: :john Dorily f D N )
handy Raton NX&P
W.T. Drys i n (C. -P&4
13 : 28 P.03/03
as necessary the
er 14, 1993) for urs
if you have any
. I
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 22, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304749
Mr. George J. Oliver,
Manager, Environmental Services
Carolina Power and Light Company
Post Office Box 1551
411 Fayetteville Street Mall
Raleigh, North Carolina 27602
Dear Mr. Oliver:
NOV 2 9 1993
3ROU"
SECTI,
Reference your letter with 'attachments of October 21, 1993, regarding your
possible, temporary use of a structure, such as a "Portadam", to divert flow
for operational needs. Also, reference the a li_cat- m the North
Carolina Department of Environment, H jand d Natur Resou ces, Albemarle-
Pamlico Estuarine Study, to rem:and: our r Neck Da_; i all a sheet-pile,
concrete dam in a bypass canal; wheif nec y, temorarily install
a low flow dam; with the associof excavated /fill material in
the waters/wetlands of the Neuse River, near Goldsboro, Wayne County.
We have reviewed your letter, with attachments, and determined that
Federal authorization for your temporary installation of such a structure as
the "Portadam" can be provided without need for an individual permit. There
are several expedious ways for us to authorize such a structure (i.e., letter,
general or emergency permits). Should a need arise for you to divert flow,
especially to meet an operational emergency, authorization would be
immediately available. It is anticipated that neither review by Federal
agencies or the conditions of such authorizations would pose any obstruction
to your timely installation of such a structure to met your needs.
By copy of this letter we are informing the Albemarle-Pamlico Estuarine
Study and State and Federal review agencies, that a request from you to
install a temporary structure, such as you have proposed to satisfy an
operational need, would have only minimal environmental impacts and would be
met with our immediate approval. Considering this, there is no apparent need
for the reference application for an individual permit to include a request
for authorization to install the temporary, low flow dam. This is especially
true as an issued individual permit would expire in less than four years.
-,R
-2-
Questions or comments may be addressed to Mr. Cliff Winefordner, telephone
[phone] or Mr. Norm Sanders, Washington Field Office, Regulatory
Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Nina Petrovich
Albemarle-Pamlico Estuarine Study
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
ater Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, GA 30365
?uv' ??Yod??h
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
October 8, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: * 1404' Project Review
F= F1
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199304749 dated
October 7, 1993 describing a proposed project by NC EHNR--Albemarle-Pamlico Estuarine
Study, is being circulated to interested state agencies for comments on applicable Section 404
and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by November 8, 1993. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY V This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
I
P.O. Box 27687, Raleigh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Date Ia_1)3lq
Telephone [phone] FAX [phone]
50% recycled/ 10% post-consumer paper
D L? ? C? ? X11 ? ,:.
DEPARTMENT OF THE ARMY DEC,-9 W
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 WETLANDS GROUP ?
December 3, 1993 WATER QUALITY SECTION
IN REPLY REFER TO
Regulatory Branch
Action ID. 199304749
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535 Dear
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Please reference Department of the Army Public Notice No. 199304749,
dated October 7, 1993, describing-the North Carolina Department of
Environment, Health and Natural Resources, Albemarle-Pamlico Estuarine
Study's proposed removal of Quaker Neck Dam, on the Neuse River, near
Goldsboro, Wayne County, North Carolina.
The public notice failed to describe the method of removal of the
existing dam. The dam will be broken up by demolition charges set off on
top of the dam and flood gates. All debris and riprap will be removed by
crane and clamshell, with material removed to an upland landfill. Removal
activities will be conducted by the United States Marine Corps, Marine Wing
Support Squadron 274, Marine Wing Support Group 27, Cherry Point Marine Air
Corps Station.
The temporary low flow dam across the Neuse River, proposed by Carolina
Power and Light (CP&L), has been eliminated from this announcement. Any
future necessity for such will be applied for by CP&L as needed.
Please furnish comments on the public notice and this addendum within
15 days of the date of this letter. Written comments pertinent to the
proposed work should be sent to this office, Attention: Mr. Norm Sanders.
Questions may be addressed to Mr. Sanders at telephone [phone].
Sincerely,
G. e Wrig e4
Chief, Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 6, 1993
Regulatory Branch
Action ID No. 199304749
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of the North Carolina Department of
Environment, Health and Natural Resources, Albemarle-Pamlico Estuarine Study,
for Department of the Army authorization and a State Water Quality
Certification to place excavated/fill material in the waters/wetlands of the
Neuse River associated with demolition of Carolina Power and Light Company's
Quaker Neck Dam and a fish ladder and in a bypass canal off the Neuse River
for construction of a low flow dam, near Goldsboro, Wayne 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 is 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, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you hav of acted on the request, or asked for an
extension of time, by Decemb6, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri t
hie , Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535

N'
t '
State of North Carolina
Department of Environment,'
Health and Natural Resources
Albemarle-Pamlico Estuarine Study
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary

23 September 1993
Cliff Weinfordner
Permit Section
US Army Corps of Engineers
PO Box 1890
Wilmington NC 28402-1890
Dear Mr. Weinfordner;
Please accept this permit application for the demolition of the CP & L's dam at
Quaker Neck Dam on the Neuse river. I have also enclosed a copy of the original
cover letter for the application. As I informed you on the phone, we are currently
awaiting letters of approval from CP & L. I expect a response from them in two to
three weeks. Once I receive the necessary letters of approval, I will send them to
you immediately. We appreciate the support of the Army Corps and thank you for
initiating the permit review.
Sincerely yours,
kIrRandall etrovic
Waite, Director
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX# [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
ISi•ate of North Carolina
Department of Environment,
Health and Natural Resources
Albemarle-Pamlico Estuarine Study
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
July 27, 1993
Colonel George L. Catigal
District Engineer
U. S. Army Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Colonel Catigal:
I understand that Larry Saunders of your office has or will be briefing you on the Albemarle-Pamlico
Estuarine Study. As the Director of that program, allow me to welcome you to North Carolina.
Over the past several months, the U. S. Army Corps of Engineers, Wilmington District, has provided
extensive assistance to the inter-agency Coastal America project which aims to mitigate obstructions to
anadromous fish migration in rivers of the Albemarle-Pamlico estuarine region. The Corps has been
especially helpful with technical analyses for the removal of the Carolina Power and Light dam on the
Neuse River near Goldsboro. Although we are still working closely with CP&L, the Corps, and other
agencies to finalize plans for the removal of this dam, we would like to proceed with the 404 permit
application process to expedite matters as much as possible.
Enclosed is a completed application for the permits required to remove the CP&L dam and to build
another dam in a connecting canal. Please have your office contact Kristin Rowles at the APES office.
if any additional materials are needed or if any questions arise. The assistance of the Corps has been
essential to this project and will aid in the restoration. of.access to important habitat areas for
anadromous fish. I appreciate the continued support and look forward to meeting you at a future APES
Policy Committee meeting.
Sincerely,
Randall G. Waite
Enclosure
cc. Ted Bisterfeld
Mike Wicker
Chuck Wilson
Dennis Barnett
John Dorney
Lynn Phillips
P.O. Box 27687, Raleigh, North.; Carolina 27611-7687 Telephone [phone] FAXf 919-733-9555
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% posi=consumer paper
Please type or print. Carefully describe all an. d. Describe the planned use of the project.
ticipated development activities, including construc- TO MITIGATE OBSTRUCTION TO ANADROMOUS
excavation, filling, paving, land clearing, and
tion FISH MIGRATIONS WITH GOAL OF RESTORING
,
stormwacer control. If the requested information:'is: ?... .,, .. . .
STOCKS OF ANADROMOUS FISH IN THE NE11f:
write N/A (not a
-
r
ject
l
p
o
,
evant to your p
not re
plicable). Items 14 and 8-9 must be completed for
LDD WATER
all projects.
?
CHARACTERISTICS
.
•. rte./::. rZ T2 n:
1APPLICANT --•- -- - = ?'.'!'
a NIA CONTIGUOUS WITH CP&1 LA
Size of entire tract
.
b. Size of individual lot(s) N A
a. Name ALBEMARLE PAMLICO ESTUARINE STUDY c. Elevation of tract above mean sea level or Na-
Address P 0 BOX 27687 tional Geodetic Vertical DatumSEE DIAGRAMS
RALEIGH State NC
[phone]
P 2761 1-7687 d. pe(s) and texture(s) of tract CHEWALCA LOAM,
Soil ty
IDay phone
Z NORFOL LOAMY SAND, MYATT VERY FINE SANDYLO.
K
Landowner or Authorized agent
M
IGA e.
TI
N Vegetation on tract N A
IT
O
b. Project name (if an) COASTAL AMERICA
ANADROMOUS FISH MIGRATION
T
O
BSTRUCTIONS
O
OF
f. DAM, FISH
Man-made features now on tract
c. If the applicant is not the landowner, also give LADDER, CANAL
the owner's name and address. g. What is the CAMA Land Use Plan Classifica-
CAROLINA POWER & LIGHT COMPANY tion of the site? (Consult the local land use
P 0 BOX 1551
plan.)- • N I A
RALEIGH NC 27602 Conservation Transitional
Developed Community
2. LOCATION OF PROPOSED Rural Other
PROJECT h. H i is the tract zoned by local government?

i. How are adjacent waters classified?WS-IV NSW
a. Stele?t2ddress or secondary road number j. Has a professional archaeological survey been
NO
carried out for the tract?
or
b. City, town, community, landmark If so, by whom?
QUAKER NECK
NEAR GOLDSBORO C
c. County WAYNE
d. Is proposed work within city limits or planning +?a:?a.•-..,.
5 UPLAND DEVELO
x °?"' •>'
jurisdiction? NO _ _
e. Name of body of water nearest project Complete this section if the project includes any
NEUSE RIVER upland development. N I A
a. Type and number of buildings, facilities, or
3 DESCRIPTION AND PLANNED structures proposed
USE OF. PROPOSED PROJECT
- b.
a. Describe all development activities you propose C.
(for. example, building a home, motel, marina,
bulkhead, or pier).
REMOVAL OF DAM AND FISH LADDER: CONSTRUCTION d.
OF NEW DAM IN CP&L CANAL: PLACEMENT OF
TEMPORARY DAM DURING TIMES OF DROUGHT (TO BEe.
REMOVED AFTER EXTREME LOW FLOW PERIOD ENDS)
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 project, new work, or both?
BOTH
c. Will the project be for community, private, or
commercial use? f.
COMMUNITY USE
Number of lots or parcels
Density (Give the number of residential units
and the units per acre.)
Size of area to be graded or disturbed
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?
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.
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
'asphalt, or concrete, to be used for paved below water level in cubic yards app ox . 475
surfaces. C. Type of material?F T NF nR rF n rT n c c u ^**? .
d. Does the area to be excavated include marslPpILING _
h. If applicable, has a stormwater management land, swamps, or other wetlands?YES .CANA Q'[ r I VF'R
I A
plan been submitted to the Division of En- e. High ground excavation, in cubic N I A
virontmental Management? f. Dimensions of spoil disposal arelan All or suitab
i. Describe proposed sewage disposal and/or waste g. ULPANDnSITE it CP&ls property
water treatment facilities. NO
h. Do you claim title to the disposal area.
Have these facilities received state or local
j If not, attach a letter granting permission from
.
approval?
k. Describe existing treatment facilities.
i. the owner.
Will a disposal area be available for future
IA
-
maintenance??
If so, where? -
j. Does the disposal area include any marshland,
Describe location and type of discharges to
1 swampland,'or water areas? NO
.
waters of the state (for example,- surface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industrial/commercial high water? YES IN SHEET PILING DAM
effluent, or "wash down"). 1. Amount of fill in cubic yards 4150 cub d s
in. Type of fill material SHEET PILING & CONC:RPTF
n. Source of fill materialPRIVATE VENDOR
Water supply source
M o. Will fill material be placed on marsh or other
.
n. If the project is oceanfront development, wetlands?YES, DAM PLACED IN CANAA
ns of the wetland to be filled SEE DIAGRAM
i
Di
describe the steps that will be taken to main- p. o
mens
How will excavated or fill material be kept on
twin established public beach accessways or pro- q. nd erosion controlled? N A
i
vide new access. s
te a
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, draAiine, backhoe, or
CL SHELL BUCKET, DUMP
first habitable floor? raulic dredge)?
MC
KS, BULLDOZER, PILE DRIVER. EXCAVATOR
6 EXCAVATION 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 to lessen en-
a. Describe below the purpose of proposed excava- vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
REMOVED M
R OVA F SH LADE
B D N W AM
Fill placed in
wetland or below
MHW
260' 2' 7'
R83' 12' 15'
awox. ?pprox 1.2'

7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
Upland fill
areas
2
&ADDITIONAZ'TFORMATION
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-
sonnet 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 co 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). N ( A
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 PERMIS
SION TO ENTER ON LAN i ' `.
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 Prcuram
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 gorh day of SRPTF.MRPR ,
1993
Landowner or Authorized agent
Name Send the completed application materials to the
Address Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
Name map on the inside front cover for the appropriate
Address DCM office and addresses and phone number.

8
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1y{ j ?7/d 123 `S o o? ,
State of North Carolina
Department of Environment,
Health and. Natural Resources / • •
Division of Coastal Management
James B. Hunt, Jr„ Governor
p E H N F1
Jonathan B. Howes, , Secretary
Roger N. Schecter, Director
October S, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: * 1404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199304749 dated
October 7, 1993 describing a proposed project by NC EHNR--Albemarle-Pamlico Estuarine
Study, is being circulated to interested state agencies for comments on applicable Section 404
and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by November 8, 1993. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal.
No comment.
Signed
Comments on this project are attached.
This office objects to the project as proposed.
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 1 0% post-consumer paper
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199304749 October 7, 1993
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES, ALBEMARLE-PAMLICO ESTUARINE STUDY, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, has applied for a Department of the Army (DA)
permit TO PLACE EXCAVATED/FILL MATERIAL IN THE WATERS/WETLANDS OF THE NEUSE
RIVER ASSOCIATED WITH DEMOLITION OF CAROLINA POWER AND LIGHT COMPANY'S QUAKER
NECK DAM AND A FISH LADDER AND IN A BYPASS CANAL OFF THE NEUSE RIVER FOR
CONSTRUCTION OF A LOW FLOW DAM, NEAR GOLDSBORO, 'Fayne County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the proposed removal of
a 260-foot-long, reinforced concrete dam and a 83-foot-long, 12-foot-wide,
15-foot-deep fish ladder from the Neuse River and construction of a
100-foot-wide, sheet pile/concrete dam in a bypass canal off the Neuse River,
adjacent S.R. 1223, southwest of Goldsboro. Approximately 475 cubic yards of
concrete and sheet piling are to be removed from below the elevation of normal
water. During the work, some excavated material will be inadvertently placed
into suspension or redeposited within the river. Clamshell bucket, dump
trucks, bulldozer, pile driver and excavator are to be used to accomplish the
work. Excavated material is to be removed to the Wayne County Landfill or a
suitable highground area on Carolina Power and Light Company's property. Only
when made necessary by periods of drought or extreme low flows will the dam be
temporarily installed in the bypass canal. For this construction,
approximately 150 cubic yards of material would be placed in the canal.
Subsequent installations and removals of this bypass canal dam would be
authorized for the duration of an issued DA permit. The purpose of this work
is to remove an obstruction to anadromous fish migration pursuant to the
inter-agency Coastal America project. 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 (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 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.
-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 shor n, wa er
onservation, 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 U.S. Army Corps of Engineers is soliciting comments from the public;
Federal, State and local agencies and officials; Indian Tribes and other
interest8d 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 (EA)
and/or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). 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 North Carolina Division of Environmental Management (NCDEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The NCDEM 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 serve as application to
the NCDEM 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 (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
-3-
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after November 5, 1993.
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 (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 1, 1993, Attention:
Mr. John Dorney.
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.,
November'8, 1993, or telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engi
Post Office Box 1890
Wilmington, North Carolina 28 x 0`
Action ID No. 199304749 T? 06tober 7;' 1993
PUBLIC NOTICE C?OGp
THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES, ALBEMARLE-PAMLICO ESTUARINE STUDY, Post Office Box 27687- Raleigh,
North Carolina 27611-7687, has applied for a Department of the Army (DA)
permit TO PLACE EXCAVATED/FILL MATERIAL IN THE WATERS/WETLANDS OF THE NEUSE
RIVER ASSOCIATED WITH DEMOLITION OF CAROLINA POWER AND LIGHT COMPANY'S QUAKER
NECK DAM AND A FISH LADDER AND IN A BYPASS CANAL OFF THE NEUSE RIVER FOR
CONSTRUCTION OF A LOW FLOW DAM, NEAR GOLDSBORO, Wayne County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the proposed removal of
a 260-foot-long, reinforced concrete dam and a 83-foot-long, 12-foot-wide,
15-foot-deep fish ladder from the Neuse River and construction of a
100-foot-wide, sheet pile/concrete dam in a bypass canal off the Neuse River,
adjacent S.R. 1223, southwest of Goldsboro. Approximately 475 cubic yards of
concrete and sheet piling are to be removed from below the elevation of normal
water. During the work, some excavated material will be inadvertently placed
into suspension or redeposited within the river. Clamshell bucket, dump
trucks, bulldozer, pile driver and excavator are to be used to accomplish the
work. Excavated material is to be removed to the Wayne County Landfill or a
suitable highground area on Carolina Power and Light Company's property. Only
when made necessary by periods of drought or extreme low flows will the dam be
temporarily installed in the bypass canal. For this construction,
approximately 150 cubic yards of material would be placed in the canal.
Subsequent installations and removals of this bypass canal dam would be
authorized for the duration of an issued DA permit. The purpose of this work
is to remove an obstruction to anadromous fish migration pursuant to the
inter-agency Coastal America project. 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 (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 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.
1
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7
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The District Eng nee'f, based on available information, is not aware that
the proposed activit will'affect species, or their critical habitat,
designated as endan er4?d;P'or threatened pursuant to the Endangered Species Act
of 1973. ?.,
The decision,wheYr 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 an conservation, water quality, energy needs, sa y,
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 U.S. Army 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 (EA)
and/or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). 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 North Carolina Division of Environmental Management (NCDEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The NCDEM 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 serve as application to
the NCDEM 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 (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
-3-
4
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after November 5, 1993.
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 (NCDEM), Post Office Box 27687;
Raleigh, North Carolina 27611-7687, on or before November 1, 1993,• Attention:
Mr. John Dorney.
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.,
November 8, 1993, or telephone [phone].
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Aw L
DISTRICT ENGINEER
U.S. ARMY ENGINEER DISTRICT, WILMINGTON
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
OFFICIAL BUSINESS
SAWCO
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MR. JOHN DORNEY
WATER QUALITY SECTION
NC DEPT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
PO BOX 29535
RALEIGH, NC 27626-0535
IMPORTANT!.
THIS IS A PUBLIC NOTICE
001992
11311:1 lilt It,. pit it III is fi911 if i334tttIiltti4i IIltl f Ili i 3 l it i titil it llf t#t -ti!
Regulatory
Action ID
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. WILVIN TON, NORTH OCAROLINA 28402-1890
} October 6, 1993
IN! E EFER TO
Bra`rick
No. 199304749
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of the North Carolina Department of
Environment, Health and Natural Resources, =bemarle=Pamlico Estuarine, -Study,?-o
for Department of the Army authorization and a state Water Quality
Certification to place excavated/fill material in the waters/wetlands of the
Neuse River associated with demolition of Carolina Power and Light Company's
aT-&rieck Dam Ind a fish ladder and in a bypass canal off the Neuse River
for construction of a low flow dam, near Goldsboro, ";e 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 is 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, in most cases, 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, or asked for an
extension of time, by December 6, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
I?.f?John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535