20000861 Ver 1_COMPLETE FILE_20000628

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 25, 2000
Bob Ashe
103 Harvest Way
Yorktown, VA, 23693
Dear Mr. Ashe:
Re: Sandy Trace Townhouse Resort, Northampton County
DWQ No. 00-0861; DOA Action ID. NO. 199920669
Attached hereto is a copy of Certification No. 3298 issued to Mr. Bob Ashe, dated
July 25, 2000.
If we can be of further assistance, do not hesitate to contact us.
Si cereiy,
FILIEI_? Kerr T. Stevens
Attachments
000861
cc: Jean Manuele, Corps of Engineers, Asheville Regulatory Field Office
DWQ, Raleigh Regional Office
File Copy
Central Files
Division of Water Quality • Non-Discharge Branch
401 Wetlands Unit, 1621 Mail Service Center., Raleigh, NC 27699-1621 Telephone [phone] FAX #< 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
5. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the State until the concrete has hardened.
Violations of any condition herein set forth shall result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal 404
Permit. This Certification shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to 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. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Certification. Unless such
demands are made, this Certification shall be final and binding.
This the 25th day of July 2000
1(
DIVISION OF WATER QUALITY
Kerr T. Stevens
WQC # 3298

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0008 6 ;_.
PAYMENT
RECEIVED u,? 2 2000
DEPARTMENT OF THE ARMY -
Wilmington District, Corps of Engineers
Post Office Box 1890 -
Wilmington, North Carolina 28402-1890
Action ID No. 199920669 June 26, 2000
PUBLIC NOTICE
MR. BOB ASHE, 103 Harvest Way, Yorktown, Virginia 23693, has applied for Department
of the Army (DA) after-the-fact permit for the COMPLETED DREDGING OF 0.25 ACRE OF
NAVIGABLE WATERS OF THE UNITED STATES; THE PROPOSED CONSTRUCTION
OF 22 COVERED BOATHOUSES IN BUILDINGS 5, 6, and 7; AND THE PROPOSED
PLACEMENT OF RIP RAP ALONG APPROXIMATELY 300 LINEAR FEET OF
SHORELINE OF LAKE GASTON, LOCATED ON THE WEST SIDES OF SANDY TRACE
DRIVE, SOUTH OF SR 1214 (RIVER ROAD), IN SANDY TRACE SUBDIVISION,
APPROXIMATELY 6 MILES WEST OF HENRICO, NORTHAMPTON COUNTY, NORTH
CAROLINA.
This public notice does not imply, on the parts of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the work performed; but it is issued to solicit
comments regarding the factors on which a final decision will be based. Legal action has been
suspended pending the outcome of this consideration.
The following description of the 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 completed excavation of approximately 1185 cubic
yards of lake bottom, impacting 0.25 acre of navigable waters of the United States, associated
with the construction and installation of 22 boatslips for Sandy Trace Townhouse Resort. Water
depths prior to excavation ranged from 0-12 inches ordinary high water (OHW) along the
shoreline and became deeper towards the channel with depths ranging from 24-48 inches
(OHW). The completed dredging portion of the project resulted in the excavation of material to
an average depth of 18-48 inches (OHW) and was excavated utilizing a 3:1 slope as one
approached the channel to reduce future erosion. Approximately 0.15 acre of jurisdictional
wetlands (water willow beds) were excavated and approximately 0.05 acre was filled during this
portion of the project. All remaining excavated material adjacent to proposed Buildings 5-7 was
stockpiled in place on existing high ground adjacent to the excavation.
a,

The applicant requests DA permit authorization for the proposed constru6tion:of•22
additional boatslips located in Buildings 5-7. Building 6 is 132.5 feet in length and will house 10
boats, while Building 5 is 99 feet in length and will house only 8 boats. Buidling 7 will not
exceed 50 feet in length and will house only 4 boats. Boatslips in each building will be 10.5 feet
wide, 27 feet in length and include 4-foot wide piers separating every second boatslip. Slips will
extend 35 feet from the shoreline due to the access pier running parallel to the shoreline. This
portion of the project will also involve the installation of approximately 300 linear feet of rip rap
along the shoreline adjacent to Buildings 5-7. Buildings 5-7 are located east of the existing
townhomes adjacent to the public boat ramp operated by the North Carolina Wildlife Resources
Commission.
The purpose of the work is to provide recreational boating facilities to service the number
of units proposed for construction by the applicant. 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.
Approval of this permit will give Federal authorization for maintenance dredging for a
period of time not to exceed 10 years from the date of permit issuance. The permittee will be
required to present plans to the District Engineer a minimum of 2 weeks prior to commencement
of such maintenance work. All maintenance would be performed in accordance with Federal,
State, and local permits and regulations governing such activities at the time the maintenance is
undertaken.
This application is being considered pursuant to Section 10 of the River and Harbor Act of
1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person
may request, in writing within the comment period specified in this 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 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.

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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, 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 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 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 Department of the Army (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
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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
Department of the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Division of Water Quality, Environmental Sciences Branch, North Carolina
Department of Environment, Health and Natural Resources (DEHNR) 4401 Reedy Creek Road,
Raleigh, North Carolina 27626-0535. Copies of such materials will be furnished to any person
requesting copies upon payment of reproduction costs.
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), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or
before July 21, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m., July 26, 2000, or telephone (919)
876-8441, Extension 24.

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P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 22, 2000
IN REPLY REFER TO
Regulatory Division
Action ID No. 199920669
Mr. John Dorney
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Wetland/401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
X282
PAYMENT
RECEIVED
Dear Mr. Dorney:
Enclosed is the application of North Carolina Department of Transportation for
Department of the Army authorization and a State Water Quality Certification to impact surface
waters associated with Lake Gaston (Roanoke River). Plans submitted with the application show
the after-the-fact request for the dredging of 0.25 acre of navigable waters of the United States,
including approximately 0.15 acre of water willow beds, the proposed construction of 22
boatslips and the proposed placement of rip rap along approximately 300 linear feet of eroding
shoreline associated with completion of boating facilities to service proposed residential
townhomes. 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 22, 2000, the District Engineer will
deem that waiver has occurred.
Questions or comments may be addressed to Mrs. Jean B. Manuele, Raleigh Field Office,
telephone number, [phone], Extension 24.
Sincerely,

S. Kenneth Jolly,
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1621
Ms. Cyndi Bell
NC DENR Division of Water Quality
Wetland/401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Bob Ashe
B.D. Ashe, Inc.
Sandy Trace Townhomes
Post Office Box 190
Henrico, North Carolina 27842
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
f33 CFR 3251 Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
mments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlin to 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
Cwvy- location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material, for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the applicatio:
for a permit. Disclosure: Disclosure of requested information is. voluntary. If information is not provided, however, the permit application cannot I:
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLE
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rrrcuc a?inw rn aF cirtFn srv epaiir_entn
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE Ian agent is not required)

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APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
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7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W AREA CODE
a. Residence a. Residence
b. Business 2s? _53'7_ 119 4,11- b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)

13. NAME OF WATERBODY, IF KNOWN (Wapplicablel 114. PROJECT STREET ADDRESS (/applicable)
LAKe
?-/1 S""oN I C/) oiUie S?Ndy rYl?C e br
15. LOCATION OF PROJECT
/V 0 R-A t-? tale 7-0 A/
COUNTY STATE

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16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeinslructionsl
blot]-k 14/0 Ton/ CouA?r y N.G
17. DIRECTIONS TO THE SITE S N 11 / To / ;114 W ( M ) T-o S.&Nd y 7--rlc-c Or
FNr FORM 4-W-, FO) q4 FIIITInN nF SFP gi IS nR4nl FTF roponent:
1 8. Nature of Activity (Description of project. include all features/
DYcd&e-j SHVe 6 ANKS.1 R i P RfiP 4- CamsTyucT 606T s 1?r L%-cts
19. Project Purpose (Describe the reason or purpose of the project, see instructions!
45rod;ti4;- I304NKS, C0A1-57kaC.;' )J0,q7TS1Je1-7ers,, F'er
ReCte,+T; o,V,44 use or- 579NJy Tncc-e ??ome ow?v?rs ,f- 10t eS e r v qTi ON O 44-AX-11
It J JiJU6? s AN-1 0 yer4G4 -Lvv-'6TMeA17--
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
23. Is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK
Pt-eclGll?G AhJ ?,,e.e,rr Corat?oGeTed
2; 10 /U/2 SlJoYe L- eom?L e 7r•d
IOrj*Vexl0-1'oLeS ,e61)c1,e-J °N 54-
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list). N L)`.7t. 1n,.4PW e--014A1,r1 N 't" w,'Ld ??FG 13o/?T ?m?o ?Oc{7.? EfJ?
-S,',vdy _7-qCe Note owNeySffSSQC;i97:o.?/ ?.t/ld sR ?2-1? C?orT'?. t-svfcT??
Rey :116MNSI'N Al w si d •c Frr d y F? ?T?/°!d ?I? J°jJ • iAl MiUL-4 *C sAV-1,' n*e-
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER
X C_° 14-01lvey 9x7&,'s;o)v god
IOelor.#rA Y CcY 0, C VG• -Ti?wc0 $l N• 000.4050
Arc wl' 4*) > k Res-comm. derT,-k. ,Dept &hl co kf ,C N6?- •) gq?i?0 T3 A'jq fA0W.- 0
"Would include but is not restricted to zoning, building and flood plain permits
DATE APPLIED
1
r DATE APPROVED DATE DENIED
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,9'$7 'Azlol- L$7
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26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
a
IG ATURE O APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
To STR4c1-;Ze
U.S.GPO: 1994520 478/820 t 8

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
July 13, 2000
¦ R
O: Mr. Kerr T. Stevens
Director
Division of Water Quality
ROM: Douglas V. Huggett
Inland "404" Coordinator
UBJECT: "404" Project Review
he attached U.S. Army Corps of Engineers Public Notice for Action No. 199920669 dated June
6, 2000 describing a proposed project by Mr. Bob Ashe--Northampton Co. is being circulated
> interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
lease indicate below your agency's position or viewpoint on the proposed project and return this
arm by 8/312000. If you have any questions regarding the proposed project, please contact me at
33-2293. When appropriate, in-depth comments with supporting data is requested.
Y
Nor,
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date
MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638
PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE: [phone] FAX:[phone]
AN, EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DMSION OF COASTAL MANAGEMENT
July 13, 2000
OR ':.
N MORANDUM
t
I ETARY
O: Mr. Kerr T. Stevens
' Director
Division. of Water Quality
ROM: Douglas V. Huggett
Inland "404" Coordinator
UBJECT: "404" Project Review
he attached U.S. Army Corps of Engineers Public Notice for Action No. 199920669 dated June
6, 2000 describing a proposed project by Mr. Bob Ashe--Northampton Co. is being circulated
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
lease indicate below your agency's position or viewpoint on the proposed project and return this
rm by 8/312000. If you have any questions regarding the proposed project, please contact me at
33-2293. When appropriate, in-depth comments with supporting data is requested.
Y
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date
MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638
PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE:[phone] FAX:[phone]
AN, EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-B77-623-6748
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199920669 June 26, 2000
PUBLIC NOTICE
MR. BOB ASHE, 103 Harvest Way, Yorktown, Virginia 23693, has applied for Department
of the Army (DA) after-the-fact permit for the COMPLETED DREDGING OF 0.25 ACRE OF
NAVIGABLE WATERS OF THE UNITED STATES; THE PROPOSED CONSTRUCTION
OF 22 COVERED BOATHOUSES IN BUILDINGS 5, 6, and 7; AND THE PROPOSED
PLACEMENT OF RIP RAP ALONG APPROXIMATELY 300 LINEAR FEET OF
SHORELINE OF LAKE GASTON, LOCATED ON THE WEST SIDES OF SANDY TRACE
DRIVE, SOUTH OF SR 1214 (RIVER ROAD), IN SANDY TRACE SUBDIVISION,
APPROXIMATELY 6 MILES WEST OF HENRICO, NORTHAMPTON COUNTY, NORTH
CAROLINA.
This public notice does not imply, on the parts of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the work performed; but it is issued to solicit
comments regarding the factors on which a final decision will be based. Legal action has been
suspended pending the outcome of this consideration.
The following description of the 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 completed excavation of approximately 1185 cubic
yards of lake bottom, impacting 0.25 acre of navigable waters of the United States, associated
with the construction and installation of 22 boatslips for Sandy Trace Townhouse Resort. Water
depths prior to excavation ranged from 0-12 inches ordinary high water (OHW) along the
shoreline and became deeper towards the channel with depths ranging from 24-48 inches
(OHW). The completed dredging portion of the project resulted in the excavation of material to
an average depth of 18-48 inches (OHW) and was excavated utilizing a 3:1 slope as one
approached the channel to reduce future erosion. Approximately 0.15 acre of jurisdictional
wetlands (water willow beds) were excavated and approximately 0.05 acre was filled during this
portion of the project. All remaining excavated material adjacent to proposed Buildings 5-7 was
stockpiled in place on existing high ground adjacent to the excavation.
The applicant requests DA permit authorization for the proposed construction of 22
additional boatslips located in Buildings 5-7. Building 6 is 132.5 feet in length and will house 10
boats, while Building 5 is 99 feet in length and will house only 8 boats. Buidling 7 will not
exceed 50 feet in length and will house only 4 boats. Boatslips in each building will be 10.5 feet
wide, 27 feet in length and include 4-foot wide piers separating every second boatslip. Slips will
extend 35 feet from the shoreline due to the access pier running parallel to the shoreline. This
portion of the project will also involve the installation of approximately 300 linear feet of rip rap
along the shoreline adjacent to Buildings 5-7. Buildings 5-7 are located east of the existing
townhomes adjacent to the public boat ramp operated by the North Carolina Wildlife Resources
Commission.
The purpose of the work is to provide recreational boating facilities to service the number
of units proposed for construction by the applicant. 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.
Approval of this permit will give Federal authorization for maintenance dredging for a
period of time not to exceed 10 years from the date of permit issuance. The permittee will be
required to present plans to the District Engineer a minimum of 2 weeks prior to commencement
of such maintenance work. All maintenance would be performed in accordance with Federal,
State, and local permits and regulations governing such activities at the time the maintenance is
undertaken.
This application is being considered pursuant to Section 10 of the River and Harbor Act of
1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person
may request, in writing within the comment period specified in this 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 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, 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 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 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 Department of the Army (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
3
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
Department of the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Division of Water Quality, Environmental Sciences Branch, North Carolina
Department of Environment, Health and Natural Resources (DEHNR) 4401 Reedy Creek Road,
Raleigh, North Carolina 27626-0535. Copies of such materials will be furnished to any person
requesting copies upon payment of reproduction costs.
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), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or
before July 21, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m., July 26, 2000, or telephone (919)
876-8441, Extension 24.
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