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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 Il- aa- ?4 40t laid ?cC06 ticGo??3?? m -TD 7# qJ 7? a 9 ?? 2 77- OOP NI 1 ? z C c? t- \ pp ?.. ov s J n cn ? 0- n i ? ' ? y d1 no 10 o, o ?? \ c o o /y C ? e ?aOG.? ril 2 m D O 0 k tNo .4 14 rn n M ?o w i w?, I? M y 0 N U ZN?2C o ? Nw ? N. V j F*..' 11 111 a N O Q o o ? W Q1 ?. N on w ? oa yr n? n O o c (J) N o \, I? r ?;Z o? O N o 1 i( / i ? O ? e ?` 0 N\ 6 -, ? 0 Go ? O wo '' _ O 1-1091 VIr. 0 \ S.+i! N OBI UJZ yo n?i?n02 t?•ff• Il C Z' 1 11 p? r? rf FF77 i t.1L11... u. I y?.l• ? - !1 s N G N A N' Tig. .a n ? c ?M?p?c • N' ? 4 .4. trQ A ? • ~ O 'O 4 O y? n 0 ^ •J 4 . Q r co p „,N•?a y W ?' o ?n?o ? o ? n e i fb b a n Me rq cF?, ? lqN? 0 n "O Existing Bluff Line y v v 0 z 0 a n 0 n m 0 0 N (0 v 03 z - o, ,r ?o fb 3 w `? a 0 w m Construction - Fill Limits 0 C 0 z of 0o O O rw ? ?+J r Z y O O Z [AFPR 2 •`'?? Mwwamong ...w..n?n?e? -?e?. 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