HomeMy WebLinkAbout19950578 Ver 1_COMPLETE FILE_19950606. I.... i
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
E H N F1
A, Preston Howard, Jr., P.E., Director
July 17, 1995
Mr. Donald Lanier
P. O. Box 2212
Asheboro, N.C. 27203
Dear Mr. Lanier:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed shoreline stabilization
Project # 95578, COE # 199503570
Pamlico County
Attached hereto is a copy of Certification No. 3013 issued to Donald Lanier dated
17 July 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
V on d, Jr. P. .
Attachments
3013.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington 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 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
0',.
NORTH CAROLINA
Pamlico 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 Donald Lanier in Pamlico
County pursuant to an application filed on the 1st day of June of 1995 to install riprap along the
shoreline and install fill along the shoreline.
The Application provides adequate assurance that the discharge of fill material into the waters
of Neuse River in conjunction with the proposed development in Pamlico 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 (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 17th day of July, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
PonH?oUar Jr. P.E.
WQC# 3013
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
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
X155 5
RE?EI VED •
ENVIR JUN OS 199 1?'
pA, M4 covcES H N 11
May 30, 1995
Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Donald W. Lanier
Proposed Project:
WASHING OINEOFFICE
JUN 0 1 1995
D. E M.
i _...._._._.
of SR1317 in Summer Winds Subdivision, adjacent the Neuse River, near the
community of Pamlico, Pamlico County
to place rock riprap and backfill along the shoreline
Please indicate below your agency's position or viewpoint on the proposed project and return this form by June
20, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-
7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: _\/_ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This aRencv obiects to the nroiect for reasons described in the attached comments.
DATE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #E11-12-09
Telephone 919-726-7021 FAX 919-247-3330
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Regulatory Branch
Action ID No. 199503570
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 9, 1995
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
cSj,`??o ? J? O
ti f
sC41 F19
Enclosed is the application of Mr. Donald W. Lanier for Department of the
Army authorization and a State Water Quality Certification to place riprap-
material along an eroding shoreline at Summer Winds Subdivision, located off
S.R. 1317 (Orchard Creek Road), adjacent the Neuse River, near the Community
of Pamlico, Pamlico 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 August 8, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, Regulatory Branch, telephone (919)975-1616, ext. 4.
Sincerely
y
ne Wri t
hie , Regul ory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. Charles Jones, District Manager
Division of Coastal Management Division of Coastal Management
North Carolina Department of North Carolina Department of
Environment, Health and Environment, Health and
Natural Resources Natural Resources
Post Office Box 27687 Post Office Box 769
Raleigh, North Carolina 27611-7687 Morehead City, North Carolina 27611-7687
Printed on IS Recycled Paper
DIVISION OF COASTAL MANAGEMENT RECEIVED
FIELD INVESTIGATION REPORT .1_10N Q 5 1995
REGULATORY BRANCH
1. APPLICANT'S NAME: Donald W. Lanier
2. LOCATION OF PROJECT SITE: Pamlico County, near the Community of Pamlico, off SR 1317,
in Summer Winds Subdivision, adjacent the Neuse River
Photo Index - 1989: 2 119 5 (indexed by L-6,7,8,9) 1984: 52 1239 (indexed by J-5,6,7,8)
State Plane Coordinates --X: 2,699,900 Y: 485,800
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 7, 1995 and May 22, 1995
Was Applicant Present - 2/7/95--yes; 5/22/95--no
5. PROCESSING PROCEDURE: Applic-,.tion Received - April 26, 1995; Complete May 19, 1995
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County 1992 Land Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - In ground, mound and offshe septic systems
(F) Type of Structures: Existing - Graveled roads
Planned - Rock rip rap
(G) Estimated Annual Rate of Erosion: 8'-12'
Source - Site determination and aerial photographs
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Estuarine Waters 9,700 ft2
(C) Other
High Ground 10,800 ft2
(D) Total Area Disturbed: 20,500 ft'
(E) Primary Nursery Area: No
(F) Water Classification: SA NSW Open: Yes
8
PROJECT SUMMARY: The applicant proposes to place rock rip rap along 970' of shoreline and to
backfill behind 900' of the shoreline.
FIELD INVESTIGATION REPORT:
DONALD W. LANIER/PAMLICO COUNTY
PAGE #2
-------------------------
9. NARRATIVE DESCRIPTION:
Project Setting
The applicant is the co-owner of a 37-acre tract of land near the Community of
Pamlico, off SR 1317 (Orchard Creek Road), adjacent the Neuse River in Pamlico
County. The applicant is in the progress of developing a 36-residential unit
subdivision called Summer Winds on the tract. An Erosion and Sedimentation Control
Plan has previously been approved and a NPDES permit to discharge stormwater has
been issued. The only de-ielopment currently on site are the roads (presently graveled)
and the underground water lines, all of which are located outside the Estuarine
Shoreline AEC.
The tract is bordered by Scotts Gut, a shallow water creek, to the west and
undeveloped, wooded high ground to the east. Another shallow water creek, Old
House Creek, is located in the middle of the tract and essentially bisects the property.
The applicant's proposed project involves nine lots (#s 36-44) that border the Neuse
River all of which are east of Old House Creek. These lots have experienced severe
erosion over the years resulting in a 4' to 8' high bluff that has been cut along the
shoreline. These lots are high ground except for the salt meadow grass art' patens
and black needlerush Juncus roemerianus marsh that borders Old House Creek and
extends back along much of lot # 36 and a small pocket of 404 wetlands adjacent the
shoreline along the common lot line of lots #37 and #38.
The property immediately downstream was bulkheaded several years ago, but is
currently being destroyed by the wind driven tides. Subsequently the land behind the
end of the bulkhead adjacent the applicant's property is being eroded away (see
attached photographs). During my site visits, I noticed over 150 medium to large
pines (many still green) that had fallen into the water as a result of the erosion. From
those site conditions as well as from the location of the adjacent bulkhead, it appears
that between 8' and 12' of shoreline has been lost in the past year.
Water depths along this stretch of shoreline are extremely shallow, with depths
along the proposed alignment averaging -1' to -1.5' below NWL. The Neuse River at
this point is classified SA NSW and is open to shellfishing. It is not a Primary
Nursery Area and no SAVs were noted during the site visits.
Project Description
The applicant proposes to place rock rip rap along 970 linear feet of estuarine
shoreline adjacent the Neuse River. The proposed alignment is 10' waterward of the
FIELD INVESTIGATION REPORT:
DONALD W. LANIER/PAMLICO COUNTY
PAGE # 3
NWL. And as proposed, the applicant would backfill approximately 900 linear feet of
shoreline. The proposal excludes backfilling the 70' of shoreline which is adjacent 404
the wetlands along lot #37 and 38. The project ends on lot #36 at the beginning of the
marsh. The filter fabric, stone lining and rock rip rap would be trenched in along the
alignment. The rock would be placed at a 2:1 slope.
Anticipated Impacts
As proposed, approximately 9,700 ftZ of Estuarine Waters and shallow water
habitat would be lost as a result of the placement of 970 linear feet of rock at an
alignment of 10' waterward of the NWL. Approximately 720 yds3 of clay and sand
material would be placed below NWL as a result of backfilling 900 linear feet of rip
rap. In addition, approximately 10,800 ft2 of high ground would be disturbed as a
result of backfilling and grading the area waterward of the 4' to 8' bluffs.
It is expected that turbidity would increase during trenching in of the rock, but
the impacts to the estuarine system along this stretch of the Neuse should be minimal.
And it could be hypothesized that the benefits gained by the placement of rock and
subsequent reduction of sediment entering the system due to the severe erosion being
experienced, would balance any temporary construction-related impacts. As proposed,
no wetlands would be filled by the proposal.
M. Ted Tyndall - Morehead City Office -Play 30, 1995
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stotmwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name ?D lU A l
a a ? o2
Address Po-&x
City &hebo R,D ` State A16
Zip o? 7a0 33 Day phone ?910? (o a L - 4e329
? Landowner or , Authorized agent
b. Project name (if any) S[(.M nelz t'iiy6S
c. If the applicant is not the landowner, also give the
o er's n e an d ddress.
• 747F QA1N(?A IS - -
Be l;
/32 S Bo/,- W2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
ke se c3 /I ORC.hMb Ge. ROan
b. City, town, commuveym. or landmark
Oa ??04f - I cD
c. County_ I1'11('Cn
d. Is proposed work within city limits or planning
jurisdiction? 1)o
e. N e of bod f water ne resi? project
-N, jtce tlia . Dl louse. a e.
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, b 'ldin a homet motel, marina, bulkhe d,
pier). _ Csid-td, i A 1 low . Se AW0, .
T RfPRo? ST?FATS
If you plan to build a marina, also complete and
attach Form DCM-MP-2. )y ' Pr
b. Is the proposed activity maintenance of an
existing project, new work, or both?
)UdW WOKK
c. Will the project be for commurdty, private, or
co•tT•up ercialu-
-I oiYw?,P
d. Describe thg planned use of the project.
e d P A-
r
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 5 *7 154-M-OA
b. Size of individual lot(s) A He TAD .11 Ae,
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
.3'4061
d.
e.
Soil?tv`De?) ano texture(s) of tract
SlltU C/RV SANb? CIAUs
Vegetation on tract A "A wwAS. -p,?gq . e*•
f. Man-made features now on tract NoNe°
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation _ -Transidonal
Developed Community
Rural Other
h. Ho is the tract zQnFd by local government?
e S IZX I;4 E W 00.b L AAs Ps Pee 7f4X bfpr
i. How ALe adjacen),waters classified?
j. Has a professional archaeological survey been
carried out for the tract? NO If so, by whom?
APR 21 1995
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildigs, facilities, or
structures proposed
b
c.
m. Water supply source N/A
n. If the project is oceanfront development, describe
B the steps that will be taken to maintain established
_aZ Number of lots or parcels public beach accesses ys or provide new access.
J N
Density (Give the number of residential units and the
? A °A'r
units per acre.) 3
d. Size of area to be graded or disturbed o
1c? xTg7o
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been sub mitt d to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
'T&- n A. . i ", a.. s iA
g. List the materials, such as marl, paver stone, asphalt,
or c cret to used for paved surfaces.
n /? S Ne,
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? U C4
i. Describe proposed sewage disposal and/or waste
water treatment facilities. <
`G
f s?`
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to a of
the state (for example, surface runoff, sanita
wastewater, industrial/commercial effluent,'
down" ). M14 P_
H
If the project is on the oceanfront, what will be the
elevation above ryean sea level of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered*
overed Z S ction 7).
7A- Length Width Depth
Access c
(iv'ILW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
1=iL' placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excava d from below
water level in cubic yards YJ
c. Type of material N -
`d. Does the area to be excavated include marshland,
swamps, or other wetlands? 4
g excavation, in cubi yards
2? f N?
...?J? 3/91
,2
f. Dimensions of spoil disposal area /J I P'
g. Location of spoil disposal area
/V i A-
h. Do you claim title to the disposal area? 1V /6
If not, attach a letter granting permission from the
owner.
i. Will a disposal area b available for future
maintenance?
If so, where?
j. Does the disposal areSinclude any marshland,
swamps, or water areas? N/k
k.
1.
m
n.
o.
c. Shoreline erosion during pprece?ding 12 months, in
feet 420 40 30 4&4-X::
d. Type of bulkhead material /pup A,*
e. Amount of fill, in cubic gds, to be placed below
2SD'`
mean high water ANEW
f. Type of fill material l cuu g SAND
8 ADDITIONAL INFORMATION
In addition to the completed application form, the Wow-
ing items must be submitted:
Will the fill material be placed below mean high
water?
Amount of fill in cubic yards N
Tvne of fill material Jq tf?t/ . SIGN 5+0A1e,
J1_
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 owne?of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
Source of fill material DN 51 PAN AQrG1T>g the project.
Will fill material be placed on marsh or other
y4 ee?Ads '9 8 wetlands? X0
p. Dimensions of the wetland to be filled
A0Ne-,
q. How will excavated or fill material be kept on site
and erosion contr 11ed? J 1
Scc?il?tPi? RSiN , si ?f G?i7?L'hBS . IreGe],,A I i g
r. What type of construction equipment will be used
(for example dragli e, backhoe, or hydraulic
dredge)? `j_ E bAChhoe.,
s. Will wetlands be crossed in transporting equipment
to project site? .Y. If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 970
b. Average distance waterward of mean high water or
normal waterlevel
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 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 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding 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 personnel 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 comments
an the proposed project to the Division of Coastal
Management aad should be advised by the applicant of
that opportunit `R rl
17A 2 t »s5 L
3/91 -? 3
• • ! ' Gam'`
Name ?rLq
/
f ?? 9 CERTIFICATION AND "IS ryqL Address Nuu- a 6i-280,5 TO ENTER ON LAN
-fo Any permit issued in response t9 tr l-Q gianon ift
Name allow only the development descriion.
Address a S ?a 0 3 The project will be subject to conditions ?an`a'n9st
contained in the permit.
Name I certify that to the best of my knowledge, the proposed
Address activity complies with the State of North Carolina's ap-
p,oved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
pe irtee, an issuing dates. I further certify that I am authorized to grant, and do in
&'?_.J' 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 pegnit application and follow-up monitoring of
project.
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover This is the day of 19 9's
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront Landowner or Authorized agent
and inlet areas.
A statement on the use of public funds. If the project ,
involves the expenditure of public funds, attach a state- ?/?t?
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. I I3A-1 to 10). 04- tD g -0
pia l0- lgl lgg4
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
June 9, 1995
Regulatory Branch
Action ID No. 199503570
Mr. Donald W. Lanier
Post Office Box 2212
Asheboro, North Carolina 27203
Dear Mr. Lanier:
F?'Pp ?Grfi J ?FL?O
2
r?2?9 9?
s
On February 11, 1991, we renewed General Permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received June 5, 1995, for Department of
the Army authorization to place riprap material along an eroding shoreline
at Summer Winds Subdivision, located off S.R. 1317 (Orchard Creek Road),
adjacent the Neuse River, near the Community of Pamlico, Pamlico County,
North Carolina, indicates it to be a candidate for Federal authorization
under this general permit. Accordingly, the administrative processing of
your application will be accomplished by the North Carolina Division of
Coastal Management. Comments from Federal review agencies will be furnished
to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State-Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
On February 6, 1990, the DA and the U. S. Environmental Protection
Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404 (b) (1) Guidelines. This MOA provides for first,
avoiding impacts to waters and wetlands through the selection of the least
damaging, practicable alternative; second, taking appropriate and practical
steps to minimize impacts on waters and wetlands; and finally, compensating
for any remaining unavoidable impacts to the extent appropriate and
practicable. To enable us to process your application in full compliance with
this MOA, we request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and
practicable steps to minimize wetland losses. Please indicate all that you
have done, especially regarding development and modification of plans and
proposed construction techniques, to minimize adverse impacts.
Printed on 0 Racyded Paper
10 .
-2-
c. The MOA requires that appropriate and practicable mitigation will
be required for all unavoidable adverse impacts remaining after all
appropriate and practicable minimization has been employed. Please indicate
your plan to mitigate for the projected, unavoidable loss of waters or
wetlands or provide information as to the absence of any such appropriate
and practicable measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by July 10, 1995. Also a copy
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of
the Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor Act
and Section 404 of the Clean Water Act, has been assigned Action ID
No. 199503570 and will be coordinated by Mr. Raleigh Bland in our Washington
Regulatory Field Office at telephone (919)975-1616, extension 4.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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
Water 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
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section-Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead North Carolina 28557
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Donald W. Lanier of
Pamlico County, filed an application on May 19, 1995, for a permit from the Division of
Coastal Management to develop in an Area of Environmental Concern and for certification
from the Division of Environmental Management that a discharge of fill material in project
wetlands will not violate applicable water quality standards.
According to said application, the applicant proposes to place rock rip rap along 970'
of shoreline and to place backfill material behind 900' of the rock rip rap.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Ted Tyndall, Division of Coastal Management, located in the Division
of Marine Fisheries Building, Morehead City, N.C., (919) 726-7021, and/or the office of
Deborah Sawyer, Division of Environmental Management, DEHNR Regional Field Office,
Washington, N.C., (919) 946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before July 2, 1995. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
June 27, 1995, for consideration in the CAMA permit decision, and to Preston Howard,
Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611,
prior to June 22, 1995, for consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered up to the time of permit
decision. Project modifications may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
request.
PUBLISHED ON: Wednesday, June 7, 1995