19981204 Ver 1_COMPLETE FILE_19981130

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1891
Action ID No. 199910183
981204
D
NOV
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November 19, 1998
PUBLIC NOTICE
MS. Jennis McCoy Crisp, 114 North Reed Drive, Washington, North
Carolina 27889 has applied for a Department of the Army (DA) permit TO PLACE
1,733 CUBIC YARDS OF CLEAN FILL MATERIAL WITHIN 15,604 SQUARE FEET (0.36 ACRES)
OF DA JURISDICTIONAL WATERS (POND) TO IMPROVE LAND USE POTENTIAL, IMPROVE
OTHER APPROVED BENIFICIAL RESIDENTIAL USES, AND FOR THE SAFETY OF CHILDREN
ATTENDING A CHILD CARE NURSERY ADJACENT TO THE SITE. The site is located
on the south side of North Carolina State Road 1166 (Whichards Beach Road)
approximately .15 miles east of U.S. Highway 17, adjacent to Taylor Creek
and Chocowinity Bay, Beaufort County, North Carolina.
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. The pond that is proposed to
be filled is located on two separate properties. The applicant proposes to
install a barrier wall along the property line to prevent any fill material
from entering the water on the adjacent owners property and to control water
quality on the remaining section of pond. The pond area is shown as a high
ground ridge on the Washington, N.C. U.S. Coast and Geodetic Survey Map dated
1983 and the soil type is listed as a non-hydric soil (Tarboro sand) in the
USDA soil survey of Beaufort County, North Carolina. The pond contains no
surface connection to the adjoining wetlands of Chocowinity Bay. The pond
contains some naturalized shoreline vegetation. Approximately 50 years ago
the area was an agricultural field. The area was dug for borrow material by
the North Carolina Department of Transportation sometime between 1951 and 1983.
Plans submitted with the application show that the applicant proposes
to place 1,733 cubic yards of fill material (concrete brick, concrete block,
rock, gravel, and uncontaminated soil) within 15,604 square feet (0.36 acres)
of the above described pond. The purpose of the work is to improve land use
potential. There is no compensatory mitigation proposed for this project.
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 (NCDCM)
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 (NCDEM).

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"The issuance of a permit
Carolina Ueneral Statute 113-229 by the
Management (NCDCM).
to dredge and/or fill under North
North Carolina Division of Coastal
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
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 (NCDA)
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 (NCDLR),
pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S.113
A-50-66).
The requested Department of the Army (DA) permit will be denied if
any required State or local authorization and/or certification is denied.
No DA 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 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 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, 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
i
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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 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 Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), 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 desiring to make comments regarding the application for
Clean Water Act certification should do so in writing delivered to the
North Carolina Division of Water Quality (NCDWQ), 4401 Reedy Creek Road,
Raleigh, North Carolina 27611-7687, on or before December 11, 1998,
Attention: Mr. John Dorney.
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Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Bill Biddlecome, PO Box 1000,
Washington, North Carolina, 27889, until 4:30 p.m., December 18, 1998,
or telephone [phone], extension 27.
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TWIN LAKES CAMPGROUND • 292 SITES ????"
^ DEALER FOR (? 1
I(7?7-i' ? COACHMEN, PROWLER, COLEMAN & CHARIOT
REGU ATORV BRANCH
CRISP R V CENTER
U.S. HIGHWAY 17 NORTH
ROUTE 2, BOX 753
CHOCOWINITY, NC 27817
TELEPHONE
OFFICE: 946-0311
AL CRISP HOME: 946.3416

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