Karen Vernesoni

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' RECEIVED
DEPARTMENT OF THE ARMY PERMIT
Ms. Karat Verneaoni - John f (9 `a"
SEP 1 2 1991
poit, Office &M 189 Qui d''T
ermittee il+;=o++, tr?+?t?•?,„? +n792t REGULATORY BRANCH
Permit No,
Issuing Office E'RAAW.M-lt
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
{.,
1-7
a
ctivity 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::':
AutborlaUg t6` p .acimmaat of "fill atatartW2 vithin wetlands to construct a private
access road arosselagz of, netlApda +adjaeent';q Pamlico Sound.

Project Location:
Sweto>: a Dawe , Cponty, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on ftdwber 31, 1991 . 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 4below. 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.
"'dTti?8 tA. ;fir k ?.;ggiSlilSC.'
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.
ENQ FORM 1721, Nov 88 EDITION OF SEP 82 IS OBSOLETE.
(33 CPR 325 (Appendix A))
1

4' 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.
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6, If a conditioned water quality certification has been Issued for your. protect, you must complq with the conditions spedited
In the certification as spedal conditions to this 'permit, For your convenience, a copy of the certification Is. attached if_ it eon.
bins such `conditions.. . _..a . ,.. .. , , r :. _ r
8 You must allow representatives from this office to inspect the, authorized, activity at any time deemed necessary to,ensure
that it is hainff or has been accomplished in accordance with the terms and conditions of your permit.
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Conditions:
Opedv
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Farthez.Information: _
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1. Con0assional Authorities: You have been authorized to undertake the activity described above pursuant to:
O Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(i Section 404 of the Clean Water Act (33 U.S.C. 1844),
() Section 108 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. Tbis permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
V. This permit does not dent any property rights or exclusive 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 protect.
8. Limits of Fediial Liability. Ia issuing flies permit, the Federal Government does not assume any liability for the following:
????}• -?,tl:b ,, t,/, 4.•: JC t'U i'E,:A .1 L+..I:JLIli.S ij ?.Yl 7.f t.• it. I.r. .t.:): 1. i:. _. .. - :F1. /. .. -. _ w:i-:.+i.s ?
lLft Wye -2 Qg11A9 AOi7;;' 3:e PsG.7 I ti•r? .:. i':- ,-"'` ''1!i a r-•12...,;'•+. rEL,-?,.`
C Damages to the permitted project or uses thereof as a result of other permitted or unpermittsd activities or from net41
causes.
b•' Damages to the. permittsd__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 persons, property, or' to other permitted or unpermitted activities or structures caused by the activity
authorised by this permit.
d. Design or construction deficiencies associated with the permitted `work.'
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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.
KAM V$OIC,[, QY BUXTON
9--16
(PERM TEE) (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
C,' . C
Cori. 24r Nova
(Dl$ ICT ENGINEER) (DATE)
a Tin C. Hauck
ior, , Corps of Engineers
Deputy District Engineer
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)
3
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1988 - 717-425

CONDITIONS
a. The placement of fill material to construct the road within wetlands
will be limited to a maximum bottom width of eight (8) feet.
b. No excavated or fill material will be placed at any time in any
waters or wetlands outside of the permitted roadway alignment.
c. All fill material will be clean and free of any pollutants except in
trace quantities.
d. All excess materials, including unsuitables, generated by this work
will be placed and retained on high ground.
e. All fill material will be stabilized and maintained to prevent
erasion and sedimentation into adjacent waters and/or wetlands.
f. 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.
g. To mitigate for wetland losses, a 680 square foot area of high ground
property will be excavated below the elevation of existing adjacent wetlands.
Immediate stabilization measures at the high ground/mitigation interface will
be undertaken to prevent the erosion of sediments into the mitigation area.
Organic material will then be added to the soil in the creation area bringing
the site up to the level of adjacent wetlands. The mitigation area will then
be allowed to revegetate naturally. If natural revegetation of Facultative
Wet to obligate wetland plant species of at least 75 percent of the wetland
creation site has not occurred after one growing season, the area will be
planted with appropriate native vegetation (species and spacing to be
determined at that time). The wetland creation site will be selected by the
Permittee and approved by a representative of the Corps of Engineers
Regulatory Branch. When construction is complete, the permittee will notify a
representative of the Corps of Engineers Regulatory Branch to schedule an
onsite compliance inspection. The Corps reserves the right to request any
necessary construction measures to ensure success of the mitigation effort.
h. The permittee will complete the site preparation work referenced in
condition g. above prior to construction of the permitted road crossing.

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Department of the Army
Permit Evaluation and Decision Document
Applicant: Ms. Karen Vernesoni Action ID. 199101571
Post Office Box 189
Buxton, North Carolina 27920
1. PROJECT DESCRIP'T'ION AND PURPOSE: The location, description of work,
and purpose of the proposal are described in the subject action public
notice and/or. coordination letter.
II. ENVIRONMENTAL AND PUBLIC INTEREST FACPORS CONSIDERED:
A. Purpose and need: See I above.
B. Alternatives (33 CPR 320.4(b)(4), when applicable 40 CFR 230.10]:
The decision options considered in this analysis which embrace all of the
applicant's alternatives are, issue the permit, issue with modifications, or
deny the permit. Pursuant to the EPA/Corps Mitigation Membrar?dtutt of
Agreement (NDA), the applicant demonstrated avoidance, minimization and
proposes to mitigate for unavoidable wetland losses to the maxuam+ extent
practicable. This satisfies the sequencing requirements of the NSA.
C., D., and E: Having considered all the factors in these sections
(see GLOSSARY DOCUMENT) and having concluded for each factor that there
would be no effect, only minor effect or that the factor is not applicable,
I have determined that further discussion of these factors is not warranted
[(the no effect determinations in D(4) and E(12) were coordinated with the
appropriate Federal and/or State agencies)].
F. Summary of Secondary and Cumulative Effects: Direct, indirect and
cumulative effects of the proposal would be minor.
III. COORDINATION:
A and B: Required State certifications (401 and/or CZM consistency)
have been issued. Pursuant to 33 USC 1341, any condition of the 401
certification will be incorporated into the DA authorization. There are no
substantive, unresolved. objections to this action and there are no
unresolved conflicts concerning alternative uses of available resources.

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IV. FINDINGS:

A. Evaluation of ccupliance with the 404(b) (1) guidelines (40 CFR Part
230): I have considered the relevant factors of this section (see GLOSSARY
DOCUmEW) and find that the discharge ocuplies with the guidelines with the
inclusion of special conditions. These conditions will incorporated into
the DA authorization.)
B. Findings of No Significant Impact (FONSI) (33 CER Part 325): Having
reviewed the information provided by the applicant, all interested parties
and the assessment of envirormiental impacts contained in Part II C through F
of this doomient, I find that this permit action will not have a significant
impact on the quality of the human environment. Therefore, an Ehvircnmental
Impact Statement will not be required.
C. Public Interest Determination: I find that issuance of a DA permit,
as prescribed by regulations published in 33 CFR Parts 320 to 330 and, when
applicable, 40 CFR Part 230, is not contrary to the public interest.
Approved by: Date ZtL Gov ,?'j (
Corps of Engineers
Engineer
Jason C. Hauck
Major. Corps of Engineers
Deputy District Engineer
C
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199101571 April 18, 1991
PUBLIC NOTICE
Ms. KAREN QUIDLEY VERNESONI, POST OFFICE BOX 189, BUXTON, NORTH CAROLINA
27920, has applied for a Department of the Army (DA) permit TO PLACE
APPROXIMATELY 150 CUBIC YARDS OF FILL MATERIAL INTO 0.016 ACRE OF WETLANDS
ADJACENT TO PAMLICO SOUND, LOCATED ON THE SOUTH SIDE OF S.R. 1232, IN BUXTON,
Dare County, North Carolina.
The following description of the work is taken from data provided by the
applicant's consultant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers. Plans submitted with the
application show the placement of approximately 150 cubic yards of fill
material to construct an access road through wetlands to access upland areas
within the property limits. The section of roadway crossing wetlands will be
approximately 85 feet long by 8 feet wide by 3 feet high, contained by a
plastic and log bulkhead. A 12-inch culvert will be installed under the
driveway to allow the continued circulation of ground water through the
wetland area. The purpose of the work is to access an upland portion of the
lot for a single-family residence. Plans showing the work are included with
this public notice. Inventoried wetland vegetation within the 3.74-acre tract
include Common Reed (Phragmites australis), Coinleaf (Centella asiatica) and
Penny wort (Hydrocotyle bonariensis). Additional information may be obtained
from the applicant at the address listed above or at telephone [phone].
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 (DEM) 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 DEM.
-2-
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the DEM.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the DEM 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 and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources,.pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested 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(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing, within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state; with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, 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 probable impacts, including cumulative impacts, of the proposed activity
i?
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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.
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 and/or an 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
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs. .
-4-
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after May 13, 1991.
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 June 7, 1991, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ralph Thompson, until 4:15 p.m.,
May 20, 1991, or telephone [phone].
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