19910047 Ver 1_Complete File_19901029

i
DEPARTMENT OF THE ARMY PERMIT
Permittee Xr- Jahn _ arBons Ty
Permit No. Mfsen 'D. 19410MU
Issuing Office C$$AUmC0=$

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NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.'
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To place fill material within wetlands to create high ground for
construction of a single family residenuca with attendant driveway
and septic drain field adjacent to the mm-made canal of the
Pasq"tank Rivers Whitehall Shores,
6L,H o-- AS e- CIF
Project Location:
Camden County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends onjl*44=bd ' 31 s 199A . If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity. authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area. -
3. If you, discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
1

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions: SU MAC=
SY?BT

Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law
b. This permit does not arartt any property rfghts qr elcclupve privileges.'.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not same any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to P* ei mns, ptoperty, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
C. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
MR. JO L. GS 3
(PEROX TEE)
-1-1 1
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
F0a
(Dj ICT ENGINEER) Jason C. Hauck
Major, Corps of Engi4ge-%
Ct nq District Zngin@eff
? j vA/(o 9 1
(DATE)
When the structures or work-authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1966 - 717.425
SPECIAL CONDITIONS
a. No excavated or fill material will be placed at any time in any
waters or wetlands outside of the permitted fill alignment.
b. All fill material will be stabilized and maintained to prevent
erosion and sedimentation into adjacent waters or wetlands.
c. In the event that any buried soil horizons containing archaeological
remains are uncovered during the project's operations, all excavations in the
area should cease until further consultation with Mr. David Brook, Deputy
State Historic Preservation Officer for the North Carolina Department of
Cultural Resources, telephone [phone].
d. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less are not considered significant. If other land
disturbing activities occur, the permittee should coordinate the work through
the N. C. Division of Land Resources.
e. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
transferring it to a third party.
NOTE: The permittee is advised to pay particular attention to General
Conditions 2 b., c., and d., under subheading Further Information, regarding
limits to this permit authorization.
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14
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Department of the Army
Permit Evaluation and Decision Document
Applicant:
Mr. John L. Gregson, III
212 Pinewood Drive
Camden, North Carolina 27921
Application Number: 1991100074
Waterway: man-made canal connected to the
Pasquotank River
This document constitutes my Environmental Assessment, Statement of Findings
and review and compliance determination according to the 404(b)(1) guidelines
for the proposed work (applicant's preferred alternative) described in the
attached public notice.
I. Proposed Project: The location and description of work are described in
the attached public notice. The application was modified to minimize wetlands
impacts, reducing the amount of wetlands proposed to be filled from
approximately 0.42 acres to 0.18 acres of wetland.
II. Environmental and Public Interest Factors Considered:
A. Purpose and need: The purpose of the project is to create
high ground for construction of a single family residence with attendant
driveway and septic drain field.
B. Alternatives [33 CFR 320.4(b)(4), 40 CFR 230.10]:
(1) No action: The applicant has already spent $47,714 dollars in
purchasing this lot. Total avoidance of wetlands is not a practicable
alternative for the applicant based upon the money already spent, and the cost
of finding another suitable building lot. In addition, the area of wetlands
to be filled was historically filled during the establishment of this
subdivision in the early 1970s, but not filled enough to remove Department of
the Army jurisdiction. The no action alternative (denial) would not
accomplish the applicant's stated purpose and need for the proposal.
(2) Other project designs (smaller, larger, different etc.): The
application was modified to minimize wetlands impacts, reducing the amount of
wetlands proposed to be filled from approximately 0.42 acres to 0.18 acres of
wetlands. The filling proposal has been minimized to the maximum extent
practicable, and still allow for development of the lot.
(3) Other sites: No other sites were considered by the applicant
due to the aforementioned expenses involved.
C. Physical/chemical characteristics and anticipated changes (check
applicable blocks and provide concise description of impacts).
(X)Substrate: The proposed project would eliminate approximately .18
acres of previously filled wetlands to create high ground.
-2-
effect. ( ) Currents, circulation or drainage patterns: No appreciable
(X) Suspended particulates; turbidity: A short term increase in
offsite sedimentation may be expected. Establishment of sufficient ground
cover upon completion of the project should preclude long term impacts.
(X) Water quality (temperature, salinity patterns and other
parameters): A short term increase in offsite sedimentation may be
expected. Establishment of sufficient ground cover upon completion of the
project, as well as adherence to Section 401 Water Quality Certification
conditions, should preclude long term impacts.
(X) Flood control functions: The proposed project will eliminate
0.18 acres of wetlands serving a storage area for storm and flood waters.
( ) Storm, wave and erosion buffers: No appreciable effect.
( ) Erosion and accretion patterns: No appreciable effect.
(X) Aquifer recharge: The proposed project will eliminate 0.18 acre
of wetlands serving as an aquifer recharge area.
( ) Baseflow: No appreciable effect.
Additionally, for projects involving the discharge of dredged material into
open water;
( ) Mixing zone, in light of the depth of water at the disposal
site; current velocity, direction and variability at the disposal site;
degree of turbulence; water column stratification; discharge vessel speed and
direction; rate of discharge; dredged material characteristics; number of
discharges per unit of time; and any other relevant factors affecting rates
and patterns of mixing: No appreciable effect.
D. Biological characteristics and anticipated changes (check applicable
blocks and provide concise description of impacts).
(X) Special aquatic sites (wetlands, mudflats, coral reefs, pool and
riffle areas, vegetated shallows, sanctuaries and refuges,. as defined in 40
CFR 230.40-45): The proposed project would eliminate apprximately 0.18 acre
of previously filled wetlands to create high ground.
(X) Habitat for fish and other aquatic organisms: The proposed
project would eliminate approximately 0.18 acre of previously filled wetlands
located within an existing, heavily developed subdivision. The area is _
sparsely vegetated with red maple, sweetgum, loblolly pine, swamp chestnut
oak, netted chain fern, sweetbay and may only provide minimal benefits to fish
and aquatic organisms.
-3-
(X) Wildlife habitat (breeding, cover, food, travel, general):The
proposed project would eliminate approximately 0.18 acre of previously filled
wetlands located within an existing, heavily developed subdivision. As
referenced, this sparsely vegetated wetland may only provide minimal benefits
to indigenous wildlife species.
(X) Endangered or threatened species: No appreciable effect.
(X) Biological availability of possible contaminants in dredge or
fill material, considering hydrography in relation to known or anticipated
sources of contaminants; results of previous testing of material from the
vicinity of the project; known significant sources of persistent pesticides
from land runoff or percolation; spill records for petroleum products or
designated (Section 311 of the CWA) hazardous substances; other public records
of significant introduction of contaminants from industries, municipalities or
other sources: All fill material will be obtained from an upland source and
will be free of toxic pollutants.
E. Human use characteristics and impacts (check applicable blocks and
provide concise description of impacts):
( ) Existing and potential water supplies; water conservation: No
appreciable effect.
( ) Recreational or commercial fisheries: No appreciable effect.
( ) Other water related recreation: No appreciable effect.
(X) Aesthetics of the aquatic ecosystem: The proposed project would
change 0.18 acre of wetlands to a private residence having fills of concrete,
gravel, etc.
( ) Parks, national and historic monuments, national seashores, wild
and scenic rivers, wilderness areas, research sites, etc.: No appreciable
effect.
( ) Traffic/transportation patterns: No appreciable effect.
(X) Energy consumption or generation: Construction of a private
residence will increase the use of energy consumption in the area. i
( ) Navigation: No appreciable effect.
( ) Safety: No appreciable effect.
( ) Air quality: No appreciable effect.
-4-
(X) Noise: Noise levels by heavy equipment will increase for a
short-term during construction.
( ) Historic properties (Section 301(5) National Historic
Preservation Act): No appreciable effect.
(X) Land use classification: The proposed project will not have any
significant effect on existing or proposed land uses as the immediate
surrounding area is residential.
(X) Economics: The proposed project is expected to have a slight
effect on economics by increasing population in the county and an increase in
work force in the area.
(X) Property values: Property values may increase with the change
from undeveloped property to private use.
( ) Regional growth: No appreciable effect.
(X) Tax revenues: An increase in property values and regional
growth would increase local tax revenues.
(X) Employment: A temporary increase in employment will occur
during construction.
( ) Public facilities and services: No appreciable effect.
( ) Business activity: No appreciable effect.
( ) Prime and unique farmland (7 CFR Part 658): No appreciable
effect.
( ) Food and fiber production: No appreciable effect.
( ) Water quantity: No appreciable effect.
( ) Mineral Needs: No appreciable effect.
(X) Consideration of private property: The issuance of a permit
will allow the owner to develop the private property.
(X) Community cohesion: The proposed work would be compatible with
existing uses of the surrounding areas. Accordingly, no adverse impacts to
community cohesion values are anticipated.
(X) Community growth and development: An increase in community
development may occur with construction of a private home.
( ) Relocation (business, home, etc.): No appreciable effect.
( ) Other: N/A.
-5-
F. Summary of secondary and cumulative effects: Secondary and
cumulative effects may include adverse effects on water quality, aesthetics,
energy consumption, noise, and fish and wildlife habitat.
III Findings:
A. Other authorizations:
(1) 401 Certification (North Carolina Department of Environmental
Management):
Date 4-15-91 issued _Z. denied waived
Special Conditions Yes X No (If yes see attached)
(2) Coastal Zone Management Consistency Determination:
Date 4-15-91 concurred X_ non-concurrence
Conditions for Concurrence Yes No X (If yes see attached)
(3) State and/or local authorizations (if issued): Camden County
District Health Department:
Date 6-22-90 issued 6-22-90
Special Conditions Yes X No
B. A complete application was received on 11-5-90 A public
notice describing the project was issued on 12-6-90 and sent to all
interested parties (mailing list) including appropriate State and Federal
agencies. A modified permit proposed was received December 20, 1990. All
comments received on this action have been reviewed and are summarized below.
(1) Summary of comments received:
(a) Federal agencies:
i. U.S. Environmental Protection Agency did not comment.
ii. U.S. Fish and Wildlife Service
stated that they will take no action on the proposal
at this time.
. iii. National Marine Fisheries Service recommended denial because
of anticipated environmental impacts. Based upon the previously impacted
nature of the wetlands to be filled, as well as the applicant's cooperation in _
minimizing impacts, the permit will be issued above their objections. These
matters were discussed with Marine Fisheries on May 10, 1991, and a letter
sent the same day.
-6-
iv. Other: N/A
(b) State and local agencies:
i. North Carolina Wildlife Resources Commission
recommended denial because they determined the project to be
inconsistent with their Policies and Guidelines for Conservation of Wetlands
and Aquatic Habitats in North Carolina. Based upon the previously impacted
nature of this wetland, any benefits to fish and wildlife are minimal. It is
the Corps' position that issuance of an after-the-fact permit for development
of the residential lot, following the guidelines as set forth by the
Mitigation Memorandum of Agreement, is not contrary to the public interest.
(c) Organizations: None received.
(d) Individuals: None received.
(2) Evaluation: I have reviewed and evaluated, in light of the
overall public interest, the documents and factors concerning this permit
application as well as the stated views of other interested agencies and the
concerned public. In doing so, I have considered the possible consequences of
this proposed work in accordance with regulations published in 33 CFR Part 320
to 330 and 40 CFR Part 230. The following paragraphs include my evaluation of
comments received and how the project complies with the above cited
regulations.
(a) Consideration of comments: Concerns expressed by the resource
agencies have been fully considered and addressed. Based upon the previously
impacted nature of this wetland, any functional benefits provided by the area
are minimal. It is the Corps' position that issuance of an after-the-fact
permit for development of the residential lot, following the guidelines as set
forth by the Mitigation Memorandum of Agreement, is not contrary to the public
interest. The proposed work will remove 0.18 acres of wetlands on the site.
However, pre-project contours will be re-established to those areas previously
filled.
(b) Evaluation of Compliance with 404(b)(1) guidelines (restrictions
on discharge, 40 CFR 230.10): (An * is marked above the answer that would
indicate noncompliance with the guidelines. No * marked signifies the
question does not relate to compliance or noncompliance with the guidelines.
An "X" simply marks the answer to the question posed.)
i. Alternatives test:
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1) Based on the discussion in II
B, are there available, X
practicable alternatives Yes No
having less adverse impact on
the aquatic ecosystem and without
other significant adverse
environmental consequences that do not
involve discharges into "waters of the
United States" or at other locations
within these waters?
2) Based on II B, if the project is
in a special aquatic site and X
is not water-dependent, has Yes No
the applicant clearly demonstrated
that there are no practicable
alternative sites available?
ii. Special restriction. Will the discharge:
1) violate state water quality
standards? X
Yes No
2) violate toxic effluent standards
(under Section 307 of the Act)? X
Yes No
3)jeopardize endangered or
threatened species or their X
critical habitat? Yes No
4)violate standards set by the
Department of Commerce to protect X
marine sanctuaries? Yes No
5)Evaluation of the information X
in II C and D above indicates Yes No
that the proposed discharge
material meets testing exclusion
criteria for the following reason(s):
(X)based on the above information,
the material is not a carrier
of contaminants.
-8-
)the levels of contaminants are substantially
similar at the extraction and disposal sites and
the discharge is not likely to result in
degradation of the disposal site and pollutants
will not be transported to less contaminated
areas.
( )acceptable constraints are available and will be
implemented to reduce contamination to acceptable
levels within the disposal site and prevent
contaminants from being transported beyond the
boundaries of the disposal site.
iii. Other restrictions. Will the discharge
contribute to significant degradation of "waters
of the United States" through adverse impacts to:
1)human health or welfare,
through pollution of
municipal water supplies,
fish, shellfish, wildlife
and special aquatic sites?
2)life stages of aquatic
life and other wildlife?
3)diversity, productivity and
stability of the aquatic
life and other wildlife
or wildlife habitat or loss
of the capacity of wetland to
assimilate nutrients, purify
water or reduce wave energy?
4)recreational, aesthetic and
economic values?
iv. Actions to minimize potential
adverse impacts (mitigation).
Will all appropriate and
practicable steps (40 CFR
230.70-77) be taken to minimize
the potential adverse impacts of
the discharge on the aquatic
ecosystem?
_X
Yes No

X
Yes -NoNo
X_
Yes No

X
Yes No
_X
Yes No
-9-
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina
Department of Environmental Management certification are incorporated as part
of the Department of the Army permit; therefore, they are not listed as
special conditions.
The following special conditions will also be added to the
permit:
1. Any excess fill material within wetlands associated with the
violation (outside of the permitted fill area) will be removed to an upland
disposal site, restoring wetland elevations to the effected area.
2. All excess spoil materials generated by construction activity,
including unsuitables, will also be removed to an upland disposal area and
stabilized.
3. All fill shall be generated from an upland source, and consist
of suitable material free from toxic pollutants in toxic amounts.
4. No excavated and/or fill material will be placed at any time in
any waters or wetlands outside of the permitted fill alignment.
5. The permittee will employ and maintain appropriate
sedimentation and erosion control measures throughout the life
of the project.
6. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of
this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without
transferring it to a third party.
(c) General Evaluation [33 CFR 320.4(a)]:
i. The relative extent of the public and private need for the
proposed work ...No appreciable public need exists for the proposed work.
The applicant's private need is to create high ground on which to construct a
single family residence.
ii. The practicability of using reasonable alternative locations
and methods to accomplish the objective of the proposed structure or
work ...The revised project design would allow the applicant to proceed
with the project while minimizing impacts to wetland resources. No other
practicable alternatives which are avaliable to the applicant have been _
identified, other than no action. This alternative would not meet the purpose
and need for the project.
-10-
iii. The extent and permanence of the beneficial and/or detrimental
effects that the proposed structures or work may have on the public and
private uses to which the area is suited... Provided that the work is conducted
in accordance with all permit conditions, no appreciable adverse/beneficial
effects are anticipated.
(3) Determinations:
(a) Finding of No Significant Impact (FONSI) (33 CFR Part 325):
Having reviewed the information provided by the applicant, all interested
parties and the assessment of environmental impacts contained in Part II B of
this document, I find that this permit action will not have a significant
impact on the quality of the human environment. Therefore, an Environmental
Impact Statement will not be required.
(b) 404(b)(1) Compliance/Non-compliance Review (40 CFR 230.12):
( ) The discharge complies with the guidelines.
(X) The discharge complies with the guidelines, with the
inclusion of the appropriate and practicable conditions to
minimize pollution or adverse effects to the affected
ecosystem.
( ) The discharge fails to comply with the requirements of these
guidelines because:
( ) There is a practicable alternative to the proposed
discharge that would have less adverse effect on the
aquatic ecosystem and that alternative does not have
other significant adverse environmental consequences.
( ) The proposed discharge will result in significant
degradation of the aquatic ecosystem under 40 CFR
230.10(b) or (c).
( ) The discharge does not include all appropriate and
practicable measures to minimize potential harm to the
aquatic ecosystem, namely...
( ) There is not sufficient information to make a reasonable
judgement as to whether the proposed discharge will
comply with the guidelines.
-11-
(c) Public interest determination: I find that issuance of a
Department of the Army permit, as prescribed by regulations published in 33
CFR Parts 320 to 330, (and when applicable, 40 CFR Part 230:
X_ is not contrary to the
public interest
is contrary to the public
interest
Approved by : Date 1? J tlnl b 9 4'U'k
CUirm C
-" 2 Thomas C. Suermann
Lieutenant Colonel,
Corps of Engineers
District Engineer
Please type or print. Carefully describe all an. ,gelp
ticipated development activities, including c "
tion, excavation, filling, paving, land clearin ,d
1?Q
stormwater control. If the requested informatiop . Z
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed f ??QRx BR
-all projects. ILE .
1 4APPLICANT .._.:??..? .....:;.:;.., _ - .:. -
a.
a. Name 0 b.
Address o C.
City State d.
i n..
Zip2
, A'ie
y Landowner or Autf rized agent .
b. Project name (if any)_(
!>- ti?io e /? Shotr
c. If the applicant is not the landowner, also give f.
the?? e and address.
, A. LOCATION OF PROPOSED
PROJECT
a. Street add s or sec nda a nu er
Cot' e
b. Ci t icy, or lad} ark o T
, J
c. County /",am CA
d. Is proposed work within city limits or planning
jurisdiction?
e. Name of body of eater n project
?g s aa?? r? h"ver
?3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bu ead, o pier .
D o
1-40D 00 AZJ
If you plan to build a marina, also complete
and attach Form DCM-MP-l.
b. Is the proposed activity maintenance of ex-
isting project, new work, or both?
c. Will the project be for community, private, or
commercial use?
P`-iva 7e
C?
DeFribe, the plane a of e project.
In 0 /'P
4'" rd
C? s? ?sYt d'S.y.
LAND .AND WATER
CHARACTERISTICS
Size of entire tract
Size of individual lot 8 "4- Q2 JUr
Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
Soil type(s) and t e(s) of tract
On ig _4=
egetatkon on tract??°-??, a I.
INan-made features now on tra t
s_. _ alk'head
g. What is cue CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) .
Conservation y Transitional
Developed Community
Rural
Other
h. How ' the r;a t zo ed by local government?
e
i. How are adjacent waters classified? GC -
j. Has a professional archaeological -urvey been
carved out for the tract? 0
If so, by whom? -
5 UPLAND DEVELO
PMEN
Complete this section if the project includes any
upland development.
a. Type and number of buildings, ,Jaci tries, or
structures ro ?=-? CCa
2DDD o
5.%Wa?_ ?*' i /U `"es-i
b. Number of lots or parcels
C. Density (Give the number of reside ial units
and the units per acre.) 2724,4 or-
d. Size of area to be graded disturbed Lo 3
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to ! Division of Land Resources?
of mean high water to be covered by im-
permeable surfaces, such a ?paye ent,
buildings, or rooftops.
e. 4ot?i-ose /S - - 9Z
.
f Give the percentage of the tract within 75 feet
g. List the materials, such as marl, pal-f stone,
asphalt. or concrete, to be used for pav
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Divisio of En-
virontnental Management? an or waste
i. Describe proposed sewage disposal
water an t Facilities.
j. Have these facilit}/Q eceived state or local
approval? 1
k. Describe existin? treatment facilities.
1. Describe location and type of discharges to
waters of the state (for examplersurface runoff,
sanitary wastewater, industriallcommercial
effluent, or "wash down"). Z24
m. Water supply source «J?
main-
n. If the project is °C hacfrw it be taken co tdescribe the steps
tain established public beach accessways or pro-
vide new access. N?,4
o. If the project is on the oceanfront, what will
be the elevation above ??ea level of the
first habitable floor.
6 EXCAVATION AND FILL
INFORItitATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat tamp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Amount of mate. be excavated from
below water level inAcubic yards
?A-Type of material
ids Does the area to be excavated include arsh-
J? land, swamps, or other wetlands.'
AZZL-
0d- High ground excavation, in cubic at
7-
Dimensions of spoil disposal area
.+ Location of spoil disposal area
Do you claim title to the disposal area?
If not, attach a letter granting permission from
the owner. -
Will a disposal a b available for future
---""'-
maintenance?/
If so, where?
Does the disposal area include any m shland,
swampland,'or•water areas?
k. Will the fill mace 'al be placed below mean
high water?
Amount of fill in cubic yards
t)t, Type of fill material
Source of fill material ?
o. Will fill macerjai be placed on marsh or other `
wetlands?
p. Dimensions of the wetland to be filled/
q. How will excavated or fill material be kept on
site and erosion controlled?
r. What type of construction equipment will be
used (for example, dragline, baSkhoe, or
hydraulic dredge)?
s. Will wetlands be crossed itransporting Ieexplain equip-
ment to the project site.
the steps that will be taken to lessen en-
vironmental impacts. AzZ 4
7 SHORELINE STON
a. LefigtFi oT bulkhead or nprap
b.. Average distance waterward of rqean high water
or normal water level----
c. Shoreline eros' n during preceding 12 months,
in feet der
d. Type of bulkhead material
e. Amount of fill, in cubic yards, co be placed
below mean high water
f. Type of fill material Z4 ---
2
Length Width Depth

"ADDITIONAT ORMATION
In addition to the completed application form, the
following items must be submitted:
JA copy of the" deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
n accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 1z x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or ocher larger plats are acceptable only if 16
high quality copies are provided by the applicant.
-(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a pan of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
JA stormwater management plan, if applicable, that
Prnay have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quited by G.S. 113-229(d).
Name-
Address
Name
?lo?cs
. han5s
Name
Address

A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, ittee d issuing dates.
o b To
A check for $100 made payable to the. Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERXflS
SION TO ENTER ON LAND-?i.. s
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the 26 day of 6-)c-7
19_ZQ_.
X
La6Owner or Authorized ent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
r
Focm DCM-MP-l
MARINA
DEVELOPME
Attach this form to the Application -fdr Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities must be included in application and work
plats.
1. MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
Commercial Public
Residential
b. Will the marina be open to the general public?
c. If there is residential development associated
with the marina, how many units or lots are
planned?
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips
Dry storage
Number of boats
Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types).
g. Typical boat length
h. Maximum boat lenQCh
i. Are any floating buildings planned?
If so, describe.
N?p
MARINA OPERATIONS-s
S-s.:itrroa::+a?r4 ?i.T+_:":s;raL , ror :: «;s=x, ..,r•:
a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location
b. Describe treatment type and location for all
sanitary wastewater.
c. Describe solid waste, fish offal, and trash
disposal.
d. How will overboard discharge of sewage from
boats be controlled?
e. Give the location and number of "Nd Sewage
Discharge" signs proposed.
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts.
g. Where will residue be disposed of?
h. Give the number of channel markers and "No
Wake" signs proposed.
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
r'

i. Give the location of fuel handling tacilities and
describe the safety measures planned to protect
area water quality.
j. Describe design measures that promote boat
basin flushing of circulation and reduce water
quality impacts.
k. What will be the marina policy on overnight
and live-board dockage?
1. Is the proposed marina located near any
shellfish leases?_._ If so, give the name and
address of the leaseholder.
m. If this project is an expansion of an existing
marina, what types of services are currently
provided?
n. How many slips are now available?
5
L

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199100074 December 6, 1990
PUBLIC NOTICE
MR. JOHN GREGSON, III, 212 Pinewood Drive, Camden, North Carolina 27921,
has applied for a Department of the Army (DA) after-the-fact permit TO
AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT TO THE
PASQUOTANK RIVER IN CONJUNCTION WITH THE CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE, SEPTIC DRAIN FIELD, AND ACCESS DRIVEWAYS, LOT NUMBER 34, AT THE
CORNER OF RIDGE AND VALLEY ROAD, WHITEHALL SHORES SUBDIVISION, Camden 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 on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration. The reference file number for this
enforcement action is 199100005.
The following description of the work is taken from data provided by the
applicant and from observations made during onsite visits by representatives
of the Corps of Engineers. The applicant is responsible for filling and
grading a single lot within the subdivision impacting approximately 18,500
square feet (0.42 acre) of wetlands. The applicant proposes to fill
essentially the entire lot to accommodate a 2,000 square foot single family
residence, including septic drain field, and access driveways. This lot was
filled during initial development of the subdivision in the early 19701s;
however, the property was not sufficiently raised to convert the site to
highground and remove it from regulatory ,jurisdiction. At present, the site
is cleared and graded. The remaining vegetation is sparse and consists of
red.maple, sweetgum, loblolly pine, netted chainfern, and sweet bay. 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
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 (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
The requested DA permit will be denied if any required State or local
authorization and/or certification is denied. 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.
A
-2-
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 work 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 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
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.
a
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

-3-
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 preparation of an Environmental Assessment and/or Environmental Impact
Statement pursuant to the National Environmental Policy Act. 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 DA permit will not be made
until the 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 DA permit
serves 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
December 29, 1990.
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 December 24, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Laura Manuele, until 4:15 p.m.,
January 7, 1991, or telephone [phone].
N
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