19880068 Ver 1_COMPLETE FILE_19880120

STA7Z
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
March 16, 1988
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
David W. Owens
Director
The State has completed its review of Corps Public Notice
No. SAWC088-N-048-0076 concerning a proposal by Mr. Marshall,
Henry Hood Ellis to construct a 1.4 acre waterfowl impoundment
and a 975 foot long access road near Rattlesnake Canal, Brooks
Creek and the community of Nebraska, Hyde County, North
Carolina.
Based upon our review, we agree with the applicants
determination that the proposed'project is consistent with the
North Carolina Coastal Management Program as currently
approved under provisions of the Coastal Zone Management Act
of 1972. Our concurrence is conditioned on the following:
1. That a 401 Certification be granted for the proposed
project by the North Carolina Division of Environmental
Management, and;
2. That an erosion and sedimentation control plan be
submitted to the North Carolina Division of Land Resources and
approved prior to initiation of land-disturbing activity.
The North Carolina Division of Health Services has
expressed concern that management for waterfowl, especially in
private impoundments often produce serious mosquito problems.
Therefore, we request that the applicant contact Health
Services to discuss mosquito control management practices
suitable for the proposed impoundment.
The North Carolina Wildlife Resources Commission
requested, on the basis of onsite observations of the proposed
site, that the access road length be reduced to 100 feet and
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
,..»...
the width be limited to 8 feet at the top and 14 feet at the
base. They also recommend that the road bed be reduced 1 to
1.5 feet above adjacent undisturbed elevations. Similarly,
they recommend that the proposed impoundment dikes be reduced
to a height of 2 feet or less, a top width of no more than 4
feet, and a bottom width of no more than 6 feet. These
modifications would significantly reduce forested wetland
losses due to borrow canal excavation.
The Wildlife Resources Commission also .expressed a
concern that the close proximity of the proposed impoundment
to one of the Hyde County Goose Production Sites, and planned
wildlife grain cropping acreage, may preclude the opportunity
for legal waterfowl hunting at the proposed impoundment during
the life of the Hyde County Canada goose project.
Should you have any questions concerning our position, or
the conditions and recommendations on this project, please
contact Steve Benton, Division of Coastal Management, at
[phone].
Sincerely, 11,4 ?//
D vid W. Owens
cc: North Carolina Division of-Environmental Management
North Carolina Division of Land Resources
North Carolina Wildlife Resources Commission
North Carolina DHR, Division of Health Services
?Y ?.swro
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
R. Paul Wilms
James G. Martin, Governor Director
S. Thomas Rhodes, Secretary February 26, 1988
Mr. M. H. Hood Ellis
Hornthal, Riley, Ellis & Maland
P. 0. Box 220
Elizabeth City, NC 27909
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Water Fowl Impoundment
M.H. Hood Ellis
Pamlico Sound and Tributaries
Hyde County
Dear Mr. Ellis:
Attached hereto are two (2) copies of Certification No. 2211
issued to M.H. Hood Ellis dated February 26, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Ori_in.aI S'. ,ned By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mx_..;.,. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
,w
NORTH CAROLINA
Hyde 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 M.H. Hood Ellis pursuant to
an application filed on the 30th day of November, 1987 to construct a
water fowl impoundment near Nebraska.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Pamlico
Sound and tributaries in conjunction with the proposed water fowl
impoundment in Hyde 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 (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That embankments shall be stabilized after completion
of construction so as to prevent excessive siltation
and erosion.
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 Permit.
This the 26th day of February, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
F'?ned By
For R. Paul Wilms, Director
WQC# 2211
rwaM
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
R. Paul Wilms
James G. Martin, Governor Director
S. Thomas Rhodes, Secretary February 26, 1988
Mr. M. H. Hood Ellis
Hornthal, Riley, Ellis & Maland
P. 0. Box 220
Elizabeth City, NC 27909
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Water Fowl Impoundment
M.H. Hood Ellis
Pamlico Sound and Tributaries
Hyde County
Dear Mr. Ellis:
Attached hereto are two (2) copies of Certification No. 2211
issued to M.H. Hood Ellis dated February 26, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
ps i -?1 S,-ned By
?` i11i81i1 C. 011S
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
pp Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Hyde 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 M.H. Hood Ellis pursuant to
an application filed on the 30th day of November, 1987 to construct a
water fowl impoundment near Nebraska.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Pamlico
Sound and tributaries in conjunction with the proposed water fowl
impoundment in Hyde 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 (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That embankments shall be stabilized after completion
of construction so as to prevent excessive siltation
and erosion.
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 Permit.
This the 26th day of February, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Si;ned By
William C. w1i"s
For R. Paul-Wilms, Director
WQC# 2211
* /
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DATE Oi/i5/88
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COMMENTS,
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' %ITELOCATED OFF %R iiO8 NEAR NEBRA%KA
F, R PO%AL INVOLVE% CON%TRUCTIO OF A i.4 ACRE WATER F 'L IMPOUNDMENT
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-048-0076
PUBLIC NOTICE

^u??,`l
DEC 18
WATER QU ?;fy, '?) N1
OPERATION'L w,. N (P
17 December 1987
MR. MARSHALL HENRY HOOD ELLIS, Post Office Box 220, Elizabeth City, North
Carolina 27909, has applied for a Department of the Army permit TO CONSTRUCT
A 1.4 ACRE WATERFOWL IMPOUNDMENT AND A 975-FT-LONG ACCESS ROAD, APPROXIMATELY
1.0 MILES NORTH OF PAMLICO SOUND NEAR RATTLESNAKE CANAL, BROOKS CREEK AND THE
COMMUNITY OF NEBRASKA, Hyde County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show proposed construction of a low-head dike around approximately
1.4 acres to establish a waterfowl impoundment and construction of a
975-foot-long access road between an existing farm road and the impoundment.
The applicant's purpose is to create a wildlife wetland habitat management
area for private hunting and bird watching. Fill material for the project is
proposed to be obtained by dredging borrow ditches 12-18-foot-wide and 4 feet
deep inside the dike alignment and adjacent to the road. Each of the 4 sides
of the dike is to be approximately 250 feet long and 14 feet wide at the base.
The area proposed to be filled consists of wooded wetlands primarily vegetated
by loblolly pine, myrtle, red maple, cinnamon fern, and greenbriar. The
proposed project, including borrow areas, would directly impact approximately
2.3 acres of wetland. Plans showing the work are included with this public
notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination.to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
-2-
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d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application 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 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
I,
-3-
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, flood plain values, 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.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM 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 permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
January 25, 1988.
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, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before January 15, 1988, Attention:
Mr. William Mills.
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.,
January 21, 1988, or telephone [phone].

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
November 25, 1987
SUBJECT: File No. SAWC088-N-048-0076
I?
Mr. William Mills
Water Quality Section NOV v
,67
Division of Environmental Management 1q
North Carolina Department of Natural W1116f t?'?`?if! JrF j??+,!
OPEPp. ?-:,? fi r• , • , .
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Mr. M. H. Hood Ellis for a
Department of the Army permit and a State Water Quality
Certification to place excavated and fill material in wetlands
adjacent Pamlico Sound, Rattlesnake Canal and Brooks Creek to
establish a wildlife habitat management area for private hunting
and bird watching, near Nebraska, Hyde 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be 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, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by January 25, 1988, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
te,Regulatory s W. Hy, is
Branch
Enclosure
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Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Terry Moore
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
BS--V-o 00710
HORNTHAL, JR.
J. FRED RILEY
M. H. HOOD ELLIS
MARE M. MALAND
DONALD G. PRENTISS
ROBERT B. HOBBS, JR.
.42AloL O
HOANTHAL, RILEY, ELLIS & MALAND
ATTORNEYS AT LAw
301 EAST MAIN STREET
ELIZABETH CITY, NORTH GAROLINA 27909 POST OFFICE BOX 220
November 18, 1987
Mr. Ken Jolly
Regulatory Branch
U.S. Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402
Re: M. H. Hood Ellis
Application for Permit
Dear Ken:
TELEPHONE
[phone]
Sul
o ! eLR

Enclosed find the requested materials with reference to my application.
I continue to believe that the proposed impoundment use is the highest,
best and only use of the property. The only other use would be to cut
the timber and have it sit until the trees grew again or until someone
wanted to try draining it for farm use. The proposed activity affects
only about 2 of the 33 acres.
Based on past representations to me, I believe I could harvest
the timber and dig a pond without a permit. I assume I could have a
logging road to get in and out. I don't want to do that because I think
I would end up destroying the entire tract to end up with what I want.
With this in mind and the small area involved, I hope the Corps
will be reasonable. I am
Sincerely yours,
0
M. H. Hood Ellis
MHHE/ge
Enclosures
cc: Mr. Cliff Swindell
PO Box 6
Fairfield, NC 27826
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATFR QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina DepAJ(< eht,of"the ArXny ti.
(GS 146-12) Department of Natural Resources and Community Development Corpsia;f,Eng?neers,ANilming[gb District
(GS 113-229,143-215.3(a)(1), 143.215.3(c), 113A-118 (33 CIR 209:32d=329)'-- t,u
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
R r
Applicant Information
A. Name ELLIS MARSHALL HENRY_ HOOD
Last First Mid-Jle
B. Address PO Box 220
Street, P. O. Box or Route
Elizabeth City, NC 27909 [phone]
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County T-T?7r7a
B. 1. City, town, community or landmark Approx.
C
2. Is proposed work within city limits? M
0.3 miles off S.R. #1108, near Nebraska
0
, r\I .\...
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 8?prOx. 1 . 0 Mil eS
North of Pamlico Sound near Rattlesnake Canal & Brooks Creek
III. Description of Project To const u t low he ?d dikke round
a rod. .b ac e$ o lag a V
A. 1. Maintenance of existing project 2. New work
access road-thereto
B. Purpose of excavation or fill approx. rppx ,
Fill 1. Access" I length 975 / width 22' pp depiJt pprox
or?row di ih'.s length1T-9 pw? i I. ept
xcavatio ?JX MIKE ? - 4 - 6' approx.
3. Fill area length width depth
Fill 4. Other Impoundment Dike length 250 'Z P'r&1K1 4 , ?ppr&Xth 3' approx. teach of 4
C. 1. Bulkhead length _ Average distance waterward of MHW (shoreline) sides)
2. Fype of bulkhead construction (material)
D. Lxcavated material (total for project) Excavated fill used to construct dikes and access rot
1. Cubic yards 3 , 3 61 approx. 2. Type of materialy 1 cam
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes x No (Sep 7 / 2 8 / 87 Cor
lettepj
B. Does the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area
1. Location Un L;LQJQQL. d"11 c1C5(Ir Li1I-cr III i?--
2. Do you claim title to disposal area? ye c;
D. Fill material source if fill is to be trucked in n/a
L How will excavated material be entrapped and erosion controlled?.ls di rectin Ly app-e- x'3,ate-F)ghnr; S;
no erosion problem expected based on activity proposed.
I . I ype of equipment to be used Backhoe. bulldozer
G. Will marshland be crossed in transporting equipment to project site? If yes, explain Yes. Based on 7/28/87
Corps letter entire property is marshland thus any equipment placed
therein wili of necessity ne on marsn.ian
&F- t
V. Intended Use of Project Area (Describe)
A. 1. Private Wildlife wetland Habitat Mana"Rm-en+ ArAa fFnr pri t,?+o hill
; nn
bird watching
r----?--
2: Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 33 acres ± tract of which ac-rps + prnpn-_,=d -Fe-%"- -"Q
2. Elevation of lot(s) above mean high water unknown
3. Soil type and texture sandy loam
4. Type of building facilities or structures See Section TTT and ai-i-anhr-r7 F(7Pr'+-
drawings.
5. Sewage disposal and/or wastewater treatment A. Existing n/a Planned n,La
B. Describe
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY URA
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X_
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes- No X
2. Type of discharge n/a
3. Location of discharge n/a it
VII. Present rate of shoreline erosion (if known): unknown
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: unknown
IX. Length of time required to complete project: _ fi n - o n I
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner 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 the project on his land.
B. Attach an accurate work plat drawn to scale on 8%2 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served 11 / 18 /,q 7
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Leon, Orvi11P Wes I Py RaI1anrp., Rt 1r Rnx 1Qd Rngr-1 hard, NC 27824
William M. Mann, Rt. #1, Box 193 D, En 2lhard NC 27824
Alma G. Nea PO Box 64, Engelhard, NC 27824
Louis s, Rt. 1, Engelhard, NC 27824
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 11/18/87
Applicant's Signature
M. H. Hood Ellis
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 28, 1987
Mr. M. H. Hood Ellis
Hornthol, Riley, Ellis & Maland
Attorneys-at-Law
301 East Main Street
Elizabeth City, North Carolina 27909
Dear Mr. Ellis:
Through correspondence with Mr. Terry Moore, North Carolina
Division of Coastal Management, we have learned of your intentions
to construct an impoundment on a 33-acre tract of land off
S.R. 1108 near Nebraska, Hyde County, North Carolina.
s
On July 21, 1987, Mr. Ken Jolly of my staff and Mr. David
Gossett, North Carolina Division of Coastal Management, inspected
the proposed worksite. The inspection revealed,that the property
consists of wooded wetlands, primarily vegetated by loblolly pine,
myrtle, red maple, cinnamon fern, and greenbriar. Accordingly, a
Department of the Army permit will be required for any discharge
of excavated or fill material into wetlands onsite during grading,
leveling, and construction of dikes to effect creation of the
proposed impoundment.
We would inform you that our past experience with fill
proposals similar to yours indicates that Department of the Army
permits may be difficult to obtain for the conversion of wetlands
to waterfowl impoundments and can possibly involve a lengthy
review process. Should you decide to pursue Federal permit
authorization, our guidelines require an applicant to clearly
demonstrate: (1) that it is necessary to locate the work in, or
in close proximity to, a wetland area; (2) that there is no other
practical, less damaging alternative that would fulfill the same
purpose; and (3) that the benefits of the proposed work will
outweigh the damage to the wetland resource. I am enclosing
application forms should you decide to pursue Federal permit
authorization..
Should you have questions, please contact Mr. Ken Jolly,
Regulatory Branch, at telephone [phone].
Sincerely,
t!h a sW. Hot s
ief, Regulatory Branch
Enclosure

_2_

Copy Furnished (without enclosure):'' ;

Mr. David Gossett r «, rA F
Washington Regional Office
North Carolina Division of . ,?}{I
Coastal Management - ,,
a.?
1424 Carolina Averid'e,
Post Office Box 1507 " +' f
Washington, North Carolina 278$9
4
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d
f r
' r

? d Ca. ST YE
o
.??Y aUM ?Y
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
Field Operations
P.O. llox 1507
Washington, NC 27889
[phone]
24 July 1987
Mr. M.H. Hood Ellis
Hornthal, Riley, Ellis & Maland
Attorneys At Law
301 East Main Street
Elizabeth City, North Carolina 27909
Subject: Hyde County Property
Middletown Community
Dear Mr. Ellis:
On 21 July 1987, accompanied by Mr. Ken Jolly, U.S. Army Corps of Engineers, I
visited the property off of SR 1108 in Hyde County that you are considering
purchasing from the Swindell family.
A review of the materials that you submitted to this office and the onsite review
of the property indicates that the majority of the property and possibly all of
the property is located outside any Area of Environmental Concern as designated
by the Coastal Resources Commission. The only possible AEC could be near the
southern property line where coastal wetlands (marsh) are located.
If the property is purchased and the proposed impoundment is constructed outside
any marsh area, then there would be no permits required from the Division of
Coastal Management.
Once the property is purchased and access is put into the property, I will be
glad to delineate the marsh line for you.
It is my understanding that Mr. Jolly will be contacting you in the near future
to discuss his agency's permit jurisdiction on the property.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A,, 1-rn?al n_t_.irv Affirr H.. Arrinn Fm..L-
Mr. M.H. HoodiEllis
Page Two
If you have any questions do not hesitate to contact me.
Sincerely,
l4Cwuc9 ?.. I`J?s?.U.l .
David L. Gossett
Coastal Management
Field Representative
DIG/aht
cc: Preston Pate - Assistant Director, M1
Terry Moore - District Manager, DCM
Ken Jolly - U.S. Army Corps of Engineers