19950643 Ver 1_COMPLETE FILE_19950621

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
July 14, 1995
Mr. Gary L. Page
Carteret County
Courthouse Square
Beaufort, N.C. 28516
Dear Mr. Page:
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C) EHNR
FILE COPY
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed piling installation
Project # 95643, COE # 199503292
Carteret County
Attached hereto is a copy of Certification No. 3010 issued to Carteret County dated
14 July 1995.
If we can be of further assistance, do not hesitate to contact us.
osSincer 1ton Howard, Jr. E.
Attachments
3010.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. 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
Carteret 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 Carteret County pursuant
to an application filed on the 15th day of June of 1995 to install a piling on Taylors Creek to install a
piling on Taylors Creek to establish a "No Wake" zone.
The Application provides adequate assurance that the discharge of fill material into the waters
of Taylors Creek in conjunction with the proposed development in Carteret County will not result in a
violation of Applicabld' Wafer 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 (50 NTUs in streams and rivers not designated as trout waters by
DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs
in trout waters).
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 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) 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 June, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WQC# 3010
qrtn How , Jr. P. E.
X
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199503292 June 15, 1995
PUBLIC NOTICE
CARTERET COUNTY, represented by MR. GARY L. PAGE, Courthouse Square,
Beaufort, North Carolina 28516, has applied for a Department of the Army (DA)
permit TO INSTALL A PILING ON THE SOUTH SIDE OF THE MOUTH OF TAYLORS CREEK TO
ESTABLISH A "NO WAKE" ZONE, BEAUFORT HARBOR, Cartert County, North Carolina.
The following description of the proposed work is taken from data
provided by the applicant and from observations made during a site visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the installation of a 35-foot-long piling on the south side
of Taylors Creek to support signs and establish a "no wake" zone in the
eastern half of the creek. The piling is to be "washed" into place no farther
waterward than fifty (50) feet from the shoreline. Signs on the piling must
be installed and maintained, at the permitteeIs expense, as prescribed by the
U.S. Coast Guard. Prior to establishment of the "no wake" zone, the North
Carolina Wildlife Resource Commission (NCWRC) must agree to enforce this
constraint on navigation. The purpose of the work is to control navigational
traffic in Taylors Creek. Plans showing the work are included with this
public notice.
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
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM) .
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(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 (NCDA) 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 (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G. S. 113 A-50-
66) .
The requested Department of the Army (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.
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This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Anyone 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 site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register is 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, 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 that the proposed activity may have on the public interest
requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the
proposal must be balanced against its foreseeable detriments. The decision
whether to authorize a proposal, and if so the conditions under which it will
be allowed to occur, are therefore decided by the outcome of the general
balancing process. That decision should reflect the national concern for both
protection and use of important resources. All factors that may be relevant
to the proposal must be considered including the cumulative effects of it.
Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards
and flood plain values (according to Executive Order 11988), land use,
navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production,
mineral needs, considerations of property ownership, and, in general, the
needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be
denied if the discharge that would be authorized 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 decides 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 to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps of Engineers to decide
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 ef f ects 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 decide the need for a public hearing and to decide
the public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Marta Boris, until 4:15 p.m.,
July 14, 1995, or telephone [phone].
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