19980200 Ver 1_COMPLETE FILE_19980310

MCIYaVtiA1VL/1.1M /"?U
TO: John Dorney Regional Contact: J
Non-Discharge Branch Superv-ivor:
Date:
SUBJECT: WETLAND STAFF REPORT.AND RECOMMENDATIONS
Certificates
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5-s 16 DEPARTMENT OF THE ARMY
Wilmington District Corps of Engineers
Ez, i^q fad 2 6
;Y1AR 1 0 ?' Post Office Box 1890 1998
Wilmington, North Carolina 28402-1890 e lLL
E
C-E
Action ID No. 199800695 March 5, 1998
PUBLIC NOTICE
HENRY HUGHES, 4164 Main Street, Loris, South Carolina, 29569, has applied for a
Department of the Army (DA) after-the-fact permit TO CONSTRUCT A ROAD THROUGH
WETLANDS ADJACENT TO THE WACCAMAW RIVER, OFF OF SR 1940 "RIVER
ROAD", NEAR PIREWAY, COLUMBUS 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 done; 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 that the applicant has constructed a road in the upper end of
a wetland portion or finger of the Waccamaw River swamp: In this area, the swamp is separated
from the River by a natural berm. Runoff from this and similar areas accumulates in tributaries
which flow into the river approximately 700 to 800 feet south of the project site. River Road
was constructed on the berm and residential lots (some of which are developed) exist on the river
side of the road.
The project site was vegetated with wetland species including red maple (Acer rubrum), _
loblolly pine (Pinus taeda), water oak ( uercus niErasweet gum(Liquidambar st iflua),
black gum (Nyssa sp), american holly(Ilex onaca), white oak ( uercus sp), red bay (P sea
borbonia), and cat briar (Smilax rotundifolia). Soils are loamy and gray (Munsell color 10YR
511). Faint mottles (Munsell color 10YR 6/4) are present in some soil samples. Indicators of
wetland hydrology present on the site include drainage patterns, sediment deposits, and saturated
soils.
The subject road project is approximately 50 feet wide. It comes downhill into the wetland
area from an old high ground field which is currently vegetated with a thick stand of 10 to 15
feet high loblolly pines. Six foot wide ditches, from two to three feet deep, are present on both
sides of the road. Ditch spoil was used in the road.

The wetlands being impacted by the road crossing become high ground just north of the
northernmost ditch. The northern side's length in wetlands is 121 feet. The southern side's
length in wetlands is 238 feet. Debris, consisting primarily of woody vegetation from land
clearing, is located in a pile parallel to the south of the road, impacting 0.03 acre of wetlands.
All work, including the ditches, has resulted in impacts to approximately 0.25 acre of wetlands.
According to the applicant, the purpose for constructing the road is to provide a stable
route for property owners and to bypass what are presently sharp curves in the existing road.
The old road with its curves was not to North Carolina Department of Transportation (NCDOT)
specifications, therefore, NCDOT would not maintain it. NCDOT will take over maintenance of
the new road upon its completion. The applicant has paid for the construction on what is
reportedly the northernmost edge of his property in anticipation of this maintenance: agreement.
It is unclear whether lots located on high ground adjacent to the road will be more conveniently
accessed by the new work.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No 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 Water Quality (NCDWQ) has
decided the applicability of a Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 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 site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is 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 maybe lost or destroyed by work under the requested permit.
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 that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
2
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j, -

particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to-the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to 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 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 decides 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 to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide 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 decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The NCDWQ considers whether 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 DA permit serves as application to the NCDWQ for
certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, NCDWQ, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting
copies upon payment- of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the NCDWQ, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before March 30, 1998, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
p.m., April 3, 1998, or telephone [phone].
this office, Attention: Jeff Richter, until 4-15
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U REGULATORY
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m WILMINGTON FIELD OFFICE

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
May 8, 1998
Mr. Henry Hughes
4164 Main Street
Loris, SC 29569
Dear Mr. Hughes:
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed road crossing
WQC Project # 980200 COE # 199800695
Columbus County
Attached hereto is a copy of Certification No. 3189 issued to Mr. Henry Hughes dated
March 8, 1998.
If we can be of further assistance, do not hesitate to contact us.
Attachments
980200.wgc
,Tk?W,A
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Si cerely,
Pstono ard, J P E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Division of Water Quality - Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper

V
NORTH CAROLINA 401 WATER QUALITY 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 Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Henry Hughes resulting
in Columbus County pursuant to an application filed on the 5'h day of March 1998 to retain fill
for a road to the Waccamaw River off of SR 1940 near Pireway, NC
The application provides adequate assurance that the discharge of fill material into the
waters of Waccamaw River in conjunction with the proposed development 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 the applicable portions of 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.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must notify us
and send us a new application for a new certification. If the property is sold, the new owner must
be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
For this approval to be valid, you must follow the conditions listed below. In addition, you
should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge
and Water Supply watershed regulations.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Land Resources in the DEHNR Regional or Central
Offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in all fresh water streams and rivers not designated as trout
waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in
trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. All debris placed within the wetland must be removed and taken to an approved
disposal site.

1.- 1*46
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 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 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 8' day of May 1998
DIVISION OF WATER QUALITY
®ren Howar , r. P.E.
WQC # 3189
771
_?gx pi
'. AN
:` NCK"R
JAMES B. HUNTJR. -
'- GOVERNOR
MEMORANDUM
WAYNE MC0EVITT .;; )-
SECRETARY
':.TO:
ROGER N. SCHECTER
DIRECTOR - FROM:
Y?i N
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
March 12, 1998
Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199800695 dated March 5.
1998 describing a proposed project by Henry Hughes is being circulated to interested state agencies
-.for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
,form by 4/3/98. If you have any questions regarding the proposed project, please contact meat 733-
2-93. When appropriate, in-depth comments with supporting data is requested.
REPLY
? _ „
z.r
t
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date

P.O. BOX 27687, RALEIGH, NC 2761 1-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 0% POST-CONSUMER PAPER
1, 17
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199800695
PUBLIC NOTICE
March 5, 1998
HENRY HUGHES, 4164 Main Street, Loris, South Carolina, 29569, has applied for a
Department of the Army (DA) after-the-fact permit TO CONSTRUCT A ROAD THROUGH
WETLANDS ADJACENT TO THE WACCAMAW RIVER, OFF OF SR 1940 "RIVER
ROAD", NEAR PIREWAY, COLUMBUS 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 done; 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 that the applicant has constructed a road in the upper end of
a wetland portion or finger of the Waccamaw River swamp. In this area, the swamp is separated
from the River by a natural berm. Runoff from this and similar areas accumulates in tributaries
which flow into the river approximately 700 to 800 feet south of the project site. River Road
was constructed on the berm and residential lots (some of which are developed) exist on the river
side of the road.
The project site was vegetated with wetland species including red maple (Acer rubrum),
loblolly pine (Pinus taeda), water oak ( uercus niera), sweet gum(Liquidambar stvraciflua),
black gum (Nyssa sp), american holly(Ilex onaca), white oak ( uercus sp), red bay (Persea
borbonia), and cat briar (Smilax rotundifolia). Soils are loamy and gray (Munsell color IOYR
5/1). Faint mottles (Munsell color 10YR 6/4) are present in some soil samples. Indicators of
wetland hydrology present on the site include drainage patterns, sediment deposits, and saturated
soils.
The subject road project is approximately 50 feet wide. It comes downhill into the wetland
area from an old high ground field which is currently vegetated with a thick stand of 10 to 15
feet high loblolly pines. Six foot wide ditches, from two to three feet deep, are present on both
sides of the road. Ditch spoil was used in the road.
4
The wetlands being impacted by the road crossing become high ground just north of the
northernmost ditch. The northern side's length in wetlands is 121 feet. The southern side's
length in wetlands is 238 feet. Debris, consisting primarily of woody vegetation from land
clearing, is located in a pile parallel to the south of the road, impacting 0.03 acre of wetlands.
All work, including the ditches, has resulted in impacts to approximately 0.25 acre of wetlands.
According to the applicant, the purpose for constructing the road is to provide a stable
route for property owners and to bypass what are presently sharp curves in the existing road.
The old road with its curves was not to North Carolina Department of Transportation (NCDOT)
specifications, therefore, NCDOT would not maintain it. NCDOT will take over maintenance of
the new road upon its completion. The applicant has paid for the construction on what is
reportedly the northernmost edge of his property in anticipation of this maintenance agreement.
It is unclear whether lots located on high ground adjacent to the road will be more conveniently
accessed by the new work.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No 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 Water Quality (NCDWQ) has
decided the applicability of a Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 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 site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is 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, 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 that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
2
,r
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to 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 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 decides 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 to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide 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 decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The NCDWQ considers whether 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 DA permit serves as application to the NCDWQ for
certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, NCDWQ, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting
copies upon payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the NCDWQ, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before March 30, 1998, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Jeff Richter, until 4:15 p.m., April 3, 1998, or telephone [phone].
?s cem

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04/2711998 16:57 910-350-2004 NCDEH&NR
Donn Dornery RWOMI CQntac-L
Non-Discharge Branch --Ai._WQ Supervisor:
Date;
wETI AND STAFF REPORT AND RECOMMENDATIONS
PAGE 03
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RIMINI ..Ell
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COMMOIlts!

cc Cen fW OtMCCe
is Mitigation required? O Y
Did you requiist more info? 0 Y N
to wodand Rating Shoot Attached? 0 Y
Have Pfpjod ChM96SICwWRIORs Mm Discuosed Wlth APPiioarvt? 0 Y Q N
necommendatian, 01$SVO ssuelCigd O DOny
vqiI
® North Carolina Wildlife Resources Commission®
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker
Division of Coastal Management
John Dorney
Division of Water Quality
Jeff Richter
Army Corps of Engineers
FROM: Bennett Wynne /NJ
Habitat Conservation Program

April 3, 1998
SUBJECT: 404 and 401 permit applications for Henry Hughes road construction through
wetlands associated with Waccamaw River, off SR 1940 near Pireway, Columbus
County, North Carolina. Action ID No. 199800695.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. Our comments are provided in accordance with provisions of
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section
401 of the Clean Water Act (as amended), and North Carolina General Statutes (G. S. 113-131 et
seq.).
The applicant has constructed a road through riparian wetlands to access high ground
adjacent to the Waccamaw River. Road construction has directly impacted 0.25 ac. of wetlands
and debris has been placed in an additional 0.03 ac. of wetlands. Coastal Plain riparian wetlands
typically provide excellent wildlife habitat and water quality protection functions. The road may
stimulate residential development that further impacts site wetlands. Construction of the road
may have also isolated wetlands. Based on these concerns, we recommend the following.
1. Remove construction debris from wetlands.
2. Additional wetland fill, be it for road or lot development, will be prohibited at the site.
Conservation easements may be a means of achieving this.
4=
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Henry Hughes road 2 April 3, 1998
3. Any wetlands isolated by road construction will be reconnected to adjacent wetlands
(or waters) by installing culverts under the road.
Thank you for the opportunity to comment on this project. If you have questions
regarding these comments, please call me at [phone].
J
9802-00
DEPARTMENT OF THE ARMY
i1hWilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199800695 March 5, 1998
PUBLIC NOTICE
HENRY HUGHES, 4164 Main Street, Loris, South Carolina, 29569, has applied for a
Department of the Army (DA) after-the-fact permit TO CONSTRUCT A ROAD THROUGH
WETLANDS ADJACENT TO THE WACCAMAW RIVER, OFF OF SR 1940 "RIVER
ROAD", NEAR PIREWAY, COLUMBUS 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 done; 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 that the applicant has constructed a road in the upper end of
a wetland portion or finger of the Waccamaw River swamp. In this area, the swamp is separated
from the River by a natural berm. Runoff from this and similar areas accumulates in tributaries
which flow into the river approximately 700 to 800 feet south of the project site. River Road
was constructed on the berm and residential lots (some of which are developed) exist on the river
side of the road.
The project site was vegetated with wetland species including red maple (Acer Mbrum),
loblolly pine (Pinus taeda), water oak ( uercus nigra), sweet gum(Liquidambar gaAgiflua),
black gum (Nvsa sp), american holly(Ilex onaca), white oak ( uercus sp), red bay (Persea
borbonia), and cat briar (Smilax rotundifolia). Soils are loamy and gray (Munsell color IOYR
5/1). Faint mottles (Munsell color 10YR 6/4) are present in some soil samples. Indicators of
wetland hydrology present on the site include drainage patterns, sediment deposits, and saturated
soils.
The subject road project is approximately 50 feet wide. It comes downhill into the wetland
area from an old high ground field which is currently vegetated with a thick stand of 10 to 15
feet high loblolly pines. Six foot wide ditches, from two to three feet deep, are present on both
sides of the road. Ditch spoil was used in the road.

L
The wetlands being impacted by the road crossing become high ground just north of the
northernmost ditch. The northern side's length in wetlands is 121 feet. The southern side's
length in wetlands is 238 feet. Debris, consisting primarily of woody vegetation from land
clearing, is located in a pile parallel to the south of the road, impacting 0.03 acre of wetlands.
All work, including the ditches, has resulted in impacts to approximately 0.25 acre of wetlands.
According to the applicant, the purpose for constructing the road is to provide a stable
route for property owners and to bypass what are presently sharp curves in the existing road.
The old road with its curves was not to North Carolina Department of Transportation (NCDOT)
specifications, therefore, NCDOT would not maintain it. NCDOT will take over maintenance of
the new road upon its completion. The applicant has paid for the construction on what is
reportedly the northernmost edge of his property in anticipation of this maintenance agreement.
It is unclear whether lots located on high ground adjacent to the road will be more conveniently
accessed by the new work.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No 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 Water Quality (NCDWQ) has
decided the applicability of a Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 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 site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is 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, 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 that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
2
s
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to 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 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 decides 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 to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide 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 decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The NCDWQ considers whether 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 DA permit serves as application to the NCDWQ for
certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, NCDWQ, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting
copies upon payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the NCDWQ, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before March 30, 1998, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Jeff Richter, until 4:15 p.m., April 3, 1998, or telephone [phone].
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