19890581 Ver 1_Complete File_19890222

DIVISION OF ENVIRONMENTAL MANAGEMENT
February 22, 1989
MEMORANDUM
TO: William C. Mills, Environmental Engr.
Operations Branch
THROUGH: Roger K. Thorpe,?a et r'Quality Regional Supervisor
Washington Regional Office nna'' Q
FROM: Deborah Sawyer, Environmental Technician 'te' a - 1
Water Quality Section, WaRO
SUBJECT: Hyde County Commissioners
COE 404 Public Notice
Project #00580
Hyde County
The above subject notice is for a modification of a previously issued
permit by the Army Corps of Engineers. DEM issued a Water Quality
Certification, No. 1876, under Section 401 of the Clean Water Act.
This certification allowed the applicant to fill approximately 2 acres
of irregularly flooded wetlands. I met with the Commissioners on
February 21, 1989 to discuss the proposed modification. The
modification is for extension of time on the work through December 31,
1994. There are no additional wetlands to be impacted. For this
reason, I am recommending issuance of this permit.
DAS/cm
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FFR 2 5 "89
WATER QUALI T'Y SSECT10i"!
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4KDAT(-*?i DF/CAMA/401 REV DATE 02/21/89
ACTION ) 1 ? C} F(::: AI°i r^ 4 1 P I::` S W D % FORMAT AI RC} F(:'AMA NEXT 1 ' .: ?:` ) 00581
RIii:CO{:,,D I"Ir'''f: BEEN CHANGED. RECORD NO 00580 FRD DATA
F'E:CI,.JO: (}t)". 80 PRO J: BAL..L..(5N(:E , r11...'r'ON -HYDE COM COUNTY: HYDE REGION: 0-`
ASSIGNED TO: I} A9 JOINT NOTICE:
TYPE CERTIFICATION Rl:::[:;t:iMhiEND f}A'T E::;'.'! `r'YMMDD
404 PN: `t' 401 RE::G : Y :E:<<'UE::: Y RECEIVED: 89021 3
C'AMA ONLY: GC:: DENY: INITIAL REPORT: 8902i;`-,*
D F,''i'.:AM : SE::C P : SWF'RI:::t:Y : I°{Cil...D : FINAL REPORT: 890221
RECEIVING STREAM: ..Jt.Ji''I:I:F'ER BAY CLASS: >A BASIN: TAI:,*:
COMMENTS:
SITE LOCATED OFF ,`.:'R'i 'i 24 , SWs•^•ftNt:}i.Jr•"•'fR T'i:::f%
PROPOSAL TO CONSTRUCT 6.1 MILES OF EARTHEN DIKE ALONG THE SOUTHERN LIMITS OF
T'{"II::: S1,1ANQI.JART'E::R WATERSHED (6' } 14' 'T'OP WIDTH. 38' BOTTOM WIDTH)
EXCAVATION AND F:I:I...I... TO BE RESTRICTED TO A 150' WIDE RIGHT-OF-WAY
WILL IMPACT 2 ACRES OF IRREGULARLY FLOODED WETLANDS
SITE INVESTIGATION 89/02/21
SEE ATTACHED COMMENTS
COPIES: Jtti::fl: O....f'I:::a•d'1°E;Al.......i''i:l:l...i...S
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VVII
OPERAtIONS JER QUAI1.1-Y S CTIO^:
., ANC
DEPARTMENT OF THE ARMY o?
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C085-N-048-0218 February 2, 1989
PUBLIC NOTICE
THE HYDE COUNTY COMMISSIONERS, represented by MR. ALTON M. BALLANCE, Post
Office Box 264, Swanquarter, North Carolina 27885, was issued, on February
24, 198'6, a Department of the Army permit TO DISCHARGE EXCAVATED MATERIAL INTO
WETLANDS CONTIGUOUS WITH JUNIPER BAY TO EFFECT CONSTRUCTION OF AN EARTHEN DIKE
AND ASSOCIATED TIDE GATES IN THE SWANQUARTER WATERSHED, NEAR SWANSQUARTER,
Hyde County, North Carolina. The COMMISSIONERS, represented by MR. PASCAL
BALLANCE, have applied for a modification to this Department of the Army
permit TO EXTEND AUTHORIZATION FOR THE WORK THROUGH DECEMBER 31, 1994.
Work authorized by this permit involves the construction of approximately
6.1 miles of earthen dike along the southern limits of the Swanquarter
watershed. Typically, the 5 to 6-foot-high dike is to have a 14-foot-wide top
width and a 38-foot-wide bottom width. Material for construction of the dike
is to result from excavation of a parallel ditch. Excavation and fill
activities are to be restricted to a 150-foot-wide right-of -way. Construction
of the dike along its alignment, which incoporates existing dikes, canals and
disturbed :areas where possible, his to impact .approximately. 2: acres of
irregularly flooded wetlands: Fifty-seven-•tide gates are-to -be installed.
The purpose of this permitted work is to provide protection from flooding for
agricultural lands. Should this authorization be extended, all general and
special conditions and plans, as revised November 19, 1985, will remain in
full force and effect. Plans showing the permitted work are.included with
this public notice.
The North Carolina Department of Natural Resources and Community
Development has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan. The North Carolina Division of
Environmental Management has issued Water Quality Certification, No. 1876,
under Section 401 of the Clean Water Act. The approval of an Erosion and
Sedimentation Control Plan by the Land Quality Section, North Carolina
Division of Land Resources, pursuant to the State Sedimentation Pollution
Control Act of 1973 (NC G.S. 113 A-50-66), must proceed with accomplishment of
the work.
The requested modification to Department of the Army permit will be denied
if any required State or local authorization and/or certification is denied.

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No modification will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This modification is. being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding,a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to ssue this permit mod' iLarion 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

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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.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
February 21, 1989, or telephone [phone].
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