19960503 Ver 1_Complete File_19961002

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SUBJECT:
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Forth Carolina Department of Environment
ealth and Natural Resources
Printed on Recycled Paper
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Directo r
Certified Mail - Return Receipt Requested
Harrell Enterprises
Attn: Mr. Jack Kitchin
1213 Hassel Road
Elizabeth City, NC 27909
Dear Mr. Kitchin:
Subject: Application for Water Quality Certification
Pasquotank County
DWQ #960503, COE #199601700
IF
IT4 ??VA
ID EHNR
October 2,1996
Your application for a Water Quality Certification under Section 401 of the Federal Clean
Water Act was received by the Division on 15 May 1996. The activity for which the Certification
is sought is to fill 9 acres of wetlands for a road crossing. A Water Quality Certification is a
determination by the Division that the activity for which the federal permit or license is sought is
not expected to result in a violation of state water quality standards for the waters of the state.
After a thorough, on-site inspection of your property, my staff has determined that existing
uses are present in the wetlands for which you have requested a certification. These uses include
water storage, pollutant removal, wildlife habitat and aquatic life habitat. As provided by 15A
NCAC_2B .0109, the 401 (b)(1) Guidelines are used as guidance in determining if a proposed
project will remove the existing uses of a wetland. In accordance with these guidelines, the
Division has determined that you have not demonstrated that practicable alternatives do not exist
for your project. There is no demonstration that the proposed project cannot be constructed in an
upland area. Therefore I am hereby notifying you that the subject project would result in a
violation on 15A NCAC 2B .0201 (b). Therefore, in accordance with 15A NCAC 2H 0504(e), I
have determined that the 401 Water Quality Certification for this project shall be denied.
If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this denial. This request must be in
written petition conforming to Chapter 150B of the North Carolina General Statures and filed with
the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such
demands are made, this denial shall be final and binding. Finally, we are available to further
discuss modification to your proposal which would answer our objections and allow issuance of a
401 Certification.
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Harrell Enterprises
Page 2
If you have any questions concerning this denial, please contact Mr. John Domey in the
Water Quality Planning Branch of this Division at [phone].
Sincerely,
A. Preston Howard, Jr., P
cc: Washington DWQ Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Washington Field Office
Mr. John Parker
Mr. John Dorney
Central Files
960503.den

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 28, 1996
Regulatory Branch
Action ID No. 199601700
Harrell Enterprises
Attn: Mr. Jack Kitchin
1213 Hassell Road
Elizabeth City, North Carolina 27909
Dear Mr. Kitchin:
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??_\? WpTER
The North Carolina Division of Coastal Management by letter dated
August 5, 1996 (copy enclosed), has denied your request for State
authorization to fill approximately 9 acres of high quality riverine wetlands
located approximately seven miles northwest of Elizabeth City, on the east
side of U.S. 17/158, adjacent to the Pasquotank River and the Dismal Swamp,
Pasquotank County, North Carolina. The purpose of the proposed project was
to construct a road for access to private property.
Under the administrative rules of our regulatory program, denial of
required State authorization precludes favorable consideration of a Federal
permit. Accordingly, your Department of the Army application is hereby
denied, and your file has been retired.
If you wish to continue to pursue a DA permit, you must obtain the
required State authorization. In the event you obtain the authorization, we
will reopen your permit file, and continue to process your application. After
the file is reopened, any issues raised during the public review process must
be addressed before a permit can be issued.
Mr. Henry Wicker of the Washington Regulatory Field Office is available
to answer any questions you may have or to help you in developing a revised
plan. Mr. Henry Wicker may be reached at telephone [phone], extension
25.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John M. Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Dorney
'bivision of Water Quality
North Carolina Department of Environment,
Health and Natural Resources
44.01 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
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H PS Form 3811, December 159'1 :!r U.S.G.P.C. :1992-307-530 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE 111111
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OC: X171996
ENVIRONMENTAL SCrENOF8
Print your name, address and ZIP Code here
'NC DEPT OF EHNR
WQ/ENVIRONMENTAL SCIENCES BRANCH
ATM: KEV1N--BOWDEN 6 4tA r°? y
4401 REEDY CREEK ROAD
RALEIGH NC 27607
State of North Carolina
Department of Environment,
Health and Natural Resources `
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
-INK EL
FE
A. Preston Howard, Jr., P.E., Director ED C
June 13, 1996
Harrell Enterprises
Attn: Mr. Jack Kitchin
1213 Hassel Road
Elizabeth City, NC 27909
Project #960503
CEO #199601700
Pasquotank County
- Dear Mr. Kitchin:
The Division of Environmental Management, Water Quality Section has reviewed your plans for the
discharge of fill material into 9 acres of waters and/or wetlands located near Elizabeth City off of US
17/158 in Pasquotank county for constructing a road. Based on this review, we have identified significant
uses which would be removed by this project. These uses are water storage, pollutant removal, aquatic
life and wildlife habitat. Furthermore, insufficient evidence is present in our files to conclude that your
project must be built as planned in waters and/or wetlands. Therefore, we are moving toward denial of
your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional information, we
are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of
Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands.
Specifically can you construct your road by a more direct route thereby not filling as many wetlands?
Also please describe the purpose of the road and property ownership patterns in the area. Also please
discuss the rationale for a 30 foot wide road - can the roadbed be narrowed and still be useful? Finally is
mitigation contemplated for this fill and if not, please discuss the reasons for this decision. The maps
included in the Public Notice are inadequate for this purpose. Any documentation such as more detailed
maps and narrative that you can supply to address alternative designs for your project may be helpful in
our review of your 401 Certification. Please respond within two weeks of the date of this letter by
sending a copy of this information to me and one copy to Ms. Deborah Sawyer at the Washington
Regional Office-at 1424 Carolina Ave., Washington, N
27889. If we do not hear from you in two weeks, we will assume that you no longer want to
pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-1786 if
you have any questions.
JJoR. orney
lity c 'on Program
cc: Washington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
960503.nty
Division of Environmental Management • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycledt 10% post-consumer paper
v ?.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
IDEEHNFR
August 5, 1996
Lt. Colonel Terry R. Youngbluth
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Reference: ACTID-96-1700 Harrell Enterprises Fill 9 Acres Riverine Wetlands for
Road Access, Great Dismal Swamp, Pasquotank County, NC
Dear Lt. Colonel Youngbluth:
The State of North Carolina has completed its review for consistency with the North
Carolina Coastal Management Program, pursuant to 15 CFR 930, of Corps Public Notice
number Action ID 199601700, regarding an application by Harrell Enterprises to place fill
material in 9 acres of riverine wetlands adjacent to the Pasquotank River and the Dismal
Swamp, near Elizabeth City in Pasquotank County, NC. The purpose of the work is to
construct a 40 foot wide road access to private property for timber harvesting. Based upon
our review, we disagree with the applicant's determination that the proposal is consistent with
the North Carolina Coastal Management Program.
The area of proposed development consists of high quality riverine wetlands adjacent
to the Dismal Swamp and the Pasquotank River. No culverts are included in the plans and
no mitigation for wetland impacts has been proposed as part of the project. The area is
populated with Swamp Tupelo, Pond Pine, Bald Cypress, Sweetbay Magnolia, and other
wetland vegetation.
The North Carolina Division of Marine Fisheries has objected to the proposal.
Wetlands are of great importance serving as sources of biological productivity and providing
food directly and indirectly to adjacent aquatic and estuarine ecosystems. Wetlands provide
habitat for numerous species and may serve as spawning and nursery areas for anadromous
fish. Wetlands such as these also perform important roles in modifying acute impacts of
hydrolic events, moderating stormwater flows, trapping sediments, and providing nutrients
for incorporation into the food chain base. Furthermore, since no culverts are proposed there
would be no exchange of water between divided wetlands, fostering the loss of additional
wetlands. The proposal is inconsistent with T15 NCAC 7H.0208(c), which states that the
`AV
P.O. Box 27687, N C
FAX [phone]
Raleigh, North Carolina 27611-7687 8Nf An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 - 50% recycled/ 10% post-consumer paper

Management Objective for Estuarine Waters is to "conserve and manage the important
features of estuarine water so as to safeguard and perpetuate their biological, social, aesthetic,
and economic values....".
In addition, the project is inconsistent with the Pasquotank County Land Use Plan as
certified by the North Carolina Coastal Resources Commission on May 25, 1996. The
County's plan in its discussion of "Issues : Fragile and Localized Resource Protection"
includes the following statement: "It is important to minimize the direct destruction of the
remaining areas of the Dismal Swamp and indirect pollution of all the county's wetlands
found to be vital to the natural ecosystem." In response to this issue, the County has adopted
the policy "to conserve the remaining portion of the Dismal Swamp lying within the County
by supporting the state and federal efforts to preserve the swamp's unique ecological
functions of aquifer recharge and wildlife habitat". The project as proposed cannot be
considered consistent with the Pasquotank County Land Use Plan's conservation policies.
A 401 Water Quality Certification is required for the project. Although a final
decision has not been issued, we understand that the North Carolina Division of Water
Quality is considering denial of this certification. If the 401 Water Quality Certification is
denied, then the proposal is also inconsistent with T15A NCAC 7M. 0800. The North
Carolina Division of Water Resources has objected to the proposal as well, and the North
Carolina Wildlife Resources Commission has found the project as proposed inconsistent with
its Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats.
In summary, the proposal will result in the permanent loss of 9 acres of high quality
r ver -wetlands adjacent to the Dismal Swamp and the Pasquotank River. The proposal
i ,inconsi t with the enforceable policies and standards of the North Carolina Coastal
Management Program and is inconsistent with the Pasquotank County Land Use Plan. We
suggest that the applicant consider other alternatives for development. We understand that
upland access to the property may exist along the field of an adjacent property owner. If no
upland alternative is found, other alternatives that could be considered include temporary
access structures such as wooden mats.
If the proposal is modified such that it can be found consistent with the North
Carolina Coastal Management Program, or should the applicant successfully appeal our
finding, the following conditions would be required should the Corps issue a federal
license for the project.
1. A sedimentation and erosion control plan is approved by the North Carolina
Division of Land Resources. Sedimentation and erosion control plans must be submitted at
least 30 days prior to the initiation of land disturbing activity.
2. A 401 Water Quality Certification and, if required, stormwater management plan
approval for the project is received from the North Carolina Division of Water Quality.
1
3. Mitigation for wetland impacts is included as part of the project. Mitigation plans,
including avoidance and minimization, should be coordinated with the North Carolina
Wildlife Resources Commission and the North Carolina Divisions of Coastal Management,
Marine Fisheries, and Water Quality.
A copy of this letter will be mailed to the applicant to serve as our formal notice that
we have found the activity inconsistent with the North Carolina Coastal Management
Program. It will also serve as notice that this finding may be appealed to the Secretary, U.S.
Department of Commerce, Washington, DC. The appeal must be filed within 30 days of
receipt of this letter and must specifically address the applicant's belief that either (1) the
activity is consistent with the objectives of the Federal Coastal Zone Management Act, or
(2) the activity is necessary in the interest of National Security.
Finally, we request that all public notices for Department of the Army permits include
maps and drawings that clearly indicate the project location, plans, and wetland delineation.
Should either you or the applicant have any questions regarding our finding or comments,
please contact Mr. Steve Benton or Ms. Caroline Bellis, Division of Coastal Management,
at [phone].
Sincerely,
y ,
?o r Roger N. Schecter
cc: Richard Watts, Division of Coastal Management, Elizabeth City
Patrick McLain, Division of Land Resources
John Dorney, Division of Water Quality
John Sutherland, Division of Water Resources
Linda Sewall, Division of Environmental Health
Sara Winslow, Division of Marine Fisheries
P.A. Wojciechowski, Division of Marine Fisheries
Art Coppola, US Army Corps of Engineers, Washington Office
!<INDR,I 1 a rvurr„ vcta,vt
t? Nearest road
Project nape
County Wetland area- acres Wetland «ndth feet
Name of evaluator mate ..
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57

MEMORANDUM PRINT
Re,
TO: JOHN DORNEY WQ
ENVIRONMENTAL SCIENCES BRANCH
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
*-*EACH ITEM MUST BE ANSWERED (USE N/A FOR
PERMIT YR:
APPLICANT NAME:
PROJECT-TYPE:
POE 41
96 PERMIT NO: 0000503
HARRELL ENTERPRISES
ROAD CONSTRUCTION
RCD_FROM CDA: APP
REG_OFFICE: WARO
RIVER AND SUB BASIN : PPr-S
bc'-7- & ?a
STREAM_CLASS :SZ?` SU/
WL_IMPACT? : l=%-
?p{1
WL_REQUESTED : A-)
WL_TYPE : iswe.
WL_ACR_EST?: Y/N
WL_SCOREM : 70 WATER IMPACTED BY FILL?: Y/N
MITIGATION? : Y/®/ " `-'°A°"` MITIGATION-TYPE:
MITIGATION-SIZE: DID YOU REQUEST MORE INFO?:?/N
IS WETLAND RATING SHEET ATTACHED?: YY
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
If
COMMENTS :

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NAMES:
jiewer:
SUPV.: R6ccjVFD
DATE:
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NOT APPLICABLE) 'TA?SCIENQ-S
ory
COUNTY: PASQUOTANK
PERMIT TYPE: IND.
DOT #:
DATE FRM_CD 0 I20/9
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PASQUOTANK COUNTY, NORTH CAROLINA
Profile of a representative area in cultivation
Surface soil-
0 to 6 inches, light brownish-gray very fine s
friable.
6 to 14 inches, pale-yellow very fine sandy lo'
Subsoil-
14 to 22 inches, brown clay loam or loam; f
when wet.
22 to 38 inches, mottled strong-brown, light-g
brown clay loam interbedded with fine sa
slightly plastic when wet.
Substratum
38 to 60 inches, mottled yellowish-hrown, «
loamy fine sand.

In forested areas a thin laver of dark-
dark gray very fine sandy loam has devc
surface.
The organic-matter content is very low. _ (l tests
indicate that the surface soil and subsoil are strongly acid
and that the substratum is medium, to slightly acid. The
surface soil is moderately permeable, and the subsoil is
slowly permeable. The water-holding capacity is moder-
atelyVlow.
Small scattered areas totaling about 50 acres on slopes
of 2 to 4 percent are included with this soil. About
half of this acreage is moderately eroded.
Use and suitability.-About 63 percent of Mattapex very
fine sandy loam is under cultivation, and about 2 percent
is in pasture. A small part is in military reservations.
The rest is in forest. Corn, soybeans, cabbage, and
potatoes are the main crops.
On this soil drainage is hardly a problem for the crops
commonly grown. The soil is relatively easy to handle
and is suitable for many crops. It is somewhat droughty,
and crops are subject to more injury in dry seasons than
in wet. Some areas, if they are not properly protected
are susceptible to sheet erosion under clean cultivation.
The only irrigation system in the county is largely on this
soil, and the owner reports that it is profitable. (See
management group 4.)
Mattapex very fine sandy loam, deep phase (Me) is
associated with Mattapex very fine sandy loam and differs
in having interbedded fine sandy loam, loam, clay loam,
and silt loam in the profile between depths of 36 and 48
inches. Relief is nearly level to very gently sloping, and
runoff is medium. Internal drainage is slow. `
Use and suitability.-About 48 percent of the very small
area of this soil is cropland, 12 percent is in pasture, and
a small part is in military reservations. The rest is in
forest. Corn, soybeans, cabbage, and potatoes are the
principal crops.
This soil has a wide range of suitability. It requires
little or no drainage for crops and can be worked easily.
Xfoisture relations are similar to those of Mattapex very
fine sandy loam. (See management group 4.)
Mattapex fine sandy loam (Mc) differs from Mattapex
verv fine sandv loam in having a coarser textured surface
soil and a higher percentage of fine and medium sand in
the subsoil, which is loam or clay loam. It is associated
with Bertie fine sandy loam on slopes of 1 to 2 percent and
is moderately well drained. Runoff is medium, and in-
ternal drainage is slow.
The small scattered areas are mainly along the Pasquo-
tank and Little Rivers in Nixonton, Mount Hermon,
Providence, and Newland Townships. About 100 acres
having slopes of 2 to 4 percent is included and about
30 acres of this is moderately eroded.
andy loam; very is in fores
am; very fri:iti-l-
15
Use and suitability.-Approximately 61 percent of this
soil is used for crops, and 4 percent for pasture. The rest
I- Corn, soybeans, and potatoes are the principal
all areas are planted to oats, peanuts, sweet
)otatoes, and pasture.
apex very fine sandy loam, this soil has little
ge problem. It is suited to many different
y worked, and is responsive to good manage-
of corn, soybeans, and potatoes are higlier
n dry years, because the soil is somewhat
ields average about the same as or are
than those on the very fine sandy loam.
,nt group 4.)
Mucky peat
Mucky peat (M f) consists of plant remains in various
stages of decomposition, that have accumulated under
conditions of very poor drainage. The water table is
always at or near the surface.' This soil is confined to the
Dismal Swamp section of the county and to areas along
the Pasquotank River north of Elizabeth City. It varies
somewhat in color, and in depth it rano-es from about 2
feet to 5 feet or more. The underlying mineral material
ranges ill texture from loamy sand through silty clad- to
clay. The organic-matter content of the 11 samples on
which determinations were made (loss on ignition) ranged
from 79 to 84 percent.
To a depth of about 18 inches, Mucky peat contailis a
tangled mass of roots and underground shoots, living or
in various stages of decomposition. When wet it is
dominantly black or very dart: brown, but it may be verv
dark gray, dark grayish brown, brown, or dark brown.
Below 18 niches the organic material is more highly de-
composed; sedge remains and woody material are visible
but they are not so evident as in the overlying material.
Tree stumps, trunks, and branches are so numerous
that examination of the material with a soil auger is very
difficult. Field tests indicate that the surface layer is
extremely acid to verv strongly acid.
In some places bordering the upland along the Pasquo-
tank River bottom, Mucky peat is covered with a laver
of mineral soil ranging from about 6 to 24 inches in thick-
ness. This mineral laver varies from dark gray or dark
grayish brown to light bray in color and from sift loam to
fine sanely loam in texture. It is deepest near the upland
and becomes thinner toward the river.
None of this extensive soil has ever been under cultiva-
tion. It has been cut over one or more times, and little
merchantable timber is left. All areas, except possibly
those along the Pasquotank River and those in the extreme
northern part of the county, have been burned, some more
often and more severely than others. Severely burned
parts have a very uneven surface of low mounds and
shallow depressions.
About half of the total acreage of Mucky peat occurs
along the Pasquotank River in the northern part of the
county and in the southwestern (101111011 of Providence
Township. These areas have not been so severely burned
as the rest. Their vegetation consists of small- to medium-
sized red maple, yellow-poplar, swamp blackgum, a few
pond pine, Carolina ash, swampbay, sweetbay, holly, and
white-cedar or juniper on the deeper organic soils. The
principal shrubs are gallberry, large gallberry, sweet
16
10,000
MUCKY PEAT
FSL LOAM ?, LOAMi?
X
CLAY LOA
CISTANCE N ---
'0,000 _-MUCKY ?EAT
pepperbush, swamp huckleberry lame and small cane
.reenbrier bamboo vine rovalfern and rattan.
Severe( burned areas (fig. 4) support a thick o•rowth of
lane and small cane, swamp black-gum, red maple sprouts,
gallberrv, sweet pepperbush, greertbrier bamboo vine,
swamp huckleberry, and a scattering of pond pine.
Sphagnum moss and ro' alfern are very- common. Dead
pines, some standing' and some 11-111°' oil the 21,01111d, are
common. Reeentli-- burned areas, comprising 5 to 10
percent of the total acreage, support practically no tree
o•rowth, but there is some growth of small eane. 2-allberry
greenbrier swamp huckleberry-, willow and led maple
sprouts, sphagnum moss, rovalfern, cattail. and wool-
grass. (See management group 16.)
Considerable thouo'ht was given to the ti pe of survey
for the Dismal Swan'p section. A detailed suryev did
'tot seem advisable, because the thick c)-rov-th, old, logs,
fallen trees. soft spong-v _lluck-- peat, and the high water
table, usuall'v at or near the surface, made traverse slow
and difficult.

= 10 ? I I I ?
W OD$70WN FINE SANDY LOAM
z 20 \?BAV RDRO LOAM
?
30 \'-LOAM

Z a0
50 FSL
LOAM\
.
ILF$? LOAM
???
L
a ?
ll
JJJ
CLAY LOAM
60 ?F
LOAM CLAY LOAM
P)COMOKE MUCKY LOAM
Z 20 30 a 40
L?L PEAT
50
SOIL SURVEY SERIES 1949, A0 3
DISTANCE IN FEET
20,000
30,000
40, 000
MUCKY PEAT
JCL Y LOAM
Al M?11/;LOAM
LC AM
'SL .(LOA
n
I ILFS VL P$?- FSL 1CLAY L AM "?,--_?.A,?,? CLAY LOAM -. CLAY LOAM
_CAM'
20 nnn
?i1 /\ I i-FLpAM
SL
LOAM?iI
LOA M LFS, i FSL
In spite of this difficult-, e.uou,•1t infornlati(
character and depth of the organic material
texture of the uuderivina' mineral soil was need(
a good idea of the entire area. The soils were
carefully to a depth of 5 feet aloe the two rt
cross the swamp and 11orto' all passable foot trail
railroad grades. In adclition two trails wet,
approximateiv right angles through the main bol
swamp. The location of these trails is show
soil map. The northwest-southeast trail is 41
long, and the northeast-south«-est trail is 24,540 1
Detailed profile studies were made at 300-foot
along these trails. The variation in depth of
peat and the texture (somewhat generalized) of ff
-in--' mineral soil are given in fibure 5.
The variations, or subdivisions, withhl Mue
shown along the traverses are -is follows:
(1) Mucky peat less than :3 feet thick over moderate
fine-textured material,
(2) Mucky peat 1e?z6 than 3 feet thick over moderately
medium-textured material.
(3) _llucky peat 3 to 5 feet thick over medium- to fine-
material.
(4) --Mucky peat 3 to o feet thick over 1nodL'rate1v ?
medittln-textured material.
(5) Mucky peat more than feet thick.
(6) _Mucky peat with an o? ern ash of mineral soil.
These subdivisiou,, bayed ou illo rl;ioklless of the
peat and texture of the undcrl? iuL'' material, are I
less arbitrary- It is felt. lto«-e(er. that this type o
matron «-ould be very helpful ill planning drainao
ations for the area or parts of it. Gener,lliv the p
of draining and of maintaining the water level
desired height increases with the depth or thick:
the muck' material. Furthermore. it would b(
difficult to maintain open I_litches or canals N?-he
material is underlain bx- loaniv sand or light fine
loam than where it is underlain bY clay- loam, silt
or clad-. _
A rough estin'ate of the acrea?'e of each subdi
Just listed was obtained by using' the formula x
which a represents the total acrea-'e of the swamp,
HAYSOPG LCAM., 11
CLAY LOAM
/LOAM/!
FSL '? _/\Y
LEGEND FOR UNDERLYING MATERIAL
'SL- MAINLY FINE SANDY LOAM BUT MAY BE LIGHT LOAM IN PL
LFS - LOAMY FINE SAND OR SAND
LOAM - -SAM '0 L'G?-IT SANDY CLAY LOAM
CLAY LOAM CLAY LOAM OR 4EAVIER
ILFS. -
Figure o.-Profile sections along two trails cut through the Dismal Swamp in Pasquotank County, N. C., showing Mucky peat and the texture of the underlying mineral soil. The u
and the lower section, the profile alongrthecnorth ast southwest jlong the northwesttsoun in theastpl
Figure 4.-Burned-over area of Mucky peat in Dismal Swamp
section of the county.
PASQUOTANK COUNTY, NORTH CAROLINA
total length of traverse within the area, and c the total
length of traverse for each subdivision. Profile descriptions
of a• representative area of each subdivision of 'Mucky
peat follow.
Profile of (1) Jlucky peat less than 3 feet thick over
moderately fine to fine-textured material:
1. 0 to 16 inches, black or very dark brown peaty muck con-
sisting of tangled mass of roots and partly to well decomposed
plant remains.
2. 16 to 30 inches, black fairly well decomposed material; plant
remains occur throughout.
3. 30 to 48 inches, gray silty clay loam.
4. 48 to 60 inches, gray silty clay.
The total thickness of layers 1 and 2 ranges from 24 to
36 inches. In places the organic material is underlain by
6 to 8 inches of brown or dark grayish-brown loam or
fine sandy loam that rests on sandy clay loam or heavier
material. The estimated area is 2,937 acres.
Profile of (2) Mucky peat less than 3 feet thick over
moderately coarse to medium-textured material:
This profile differs from the foregoing profile only in the character
of the underlying material. The organic material ranges from
about 2 to 3 feet in thickness. The underlying material is mainly
fine sandy loam or loam that overlies loamy fine sand, but in
places it is silt loam or light sandy clay loam. The estimated
extent is about 2,965 acres.
Profile of (3) -\Iucky peat 3 to 5 feet thick over medium-
to fine-textured material:
1. 0 to 18 inches, black or very dark gray partly decayed to well
decaved organic material well matted with 'roots;'
oots; open and
and loose.
2. 18 to 46 inches, black fairly well decomposed organic material;
more highly decomposed than layer 1, but some plant remains,
especially woody material, are evident: soft and smooth.
3. 46 to 52 inches, dark grayish-brown loam.
4. 52 to 60 inches, gray silty clay loam or silty clay; firm.
The combined thickness of layers 1 and 2 ran-es from
:36 to 60 inches. The underlying material is generally
clad- loam or heavier, but it is sandy clay loam in places.
Loamy sand occurs at depths of about 5 feet in some areas.
The estimated area is 5,777 acres.
Profile of (4) Mucky peat 3 to 5 feet thick over mod-
erately coarse to medium-textured material :
This profile is similar to the foregoing in all respects except
character of the underlying material. The organic material ranges
from 3 to 5 feet in thickness, and the underlying material is
mostly fine sandy loam, loam, or silt loam. Loamv sand occurs
at depths of about 5 feet in places. The estimated area is 7,288
acres.
Profile of (5) Mucky peat more than 5 feet thick:
1. 0 to 18 inches, dark grayish-brown fibrous organic material
in various stages of decomposition ranging from racy to well
decomposed; well matted with roots; loose and open.
2. 18 to 60 inches, black or very dark brown fairly well decom-
posed organic material; plant remains visible; soft and smooth;
material variable in color but mainly dark grayish brown
to black.
Some areas of this subdivision occurring alone the Pasquo-
tank River in association with subdivision 6 are covered
Nvith 1 to 4 inches of mineral soil.
Profile of (6) Mucky peat with an overwash of mineral
soil:
1. 0 to 18 inches, dark-gray or dark grayish-brown silt loam;
soft and smooth.
2. 18 to 60 inches, dark grayish-brown fairly well decomposed
organic material; much Woody material present in the upper
part; plant remains visible throughout.
17
The mineral soil varies from dark gray to light grad- in
color and from silt loam to fine sandy loam in texture. It
ranges from about 4 to 24 inches in thickness. This over-
wash phase was found only along the Pasquotank River
north of Elizabeth City, and it borders the upland. The
total e. tent is about 831 acres.
Nixonton series
The only soil representing the \ixonton series in this
county is \'ixonton very fine sandy loam. This soil
occupies gentle slopes near or bordering drainageway s.
It has a deep friable profile and very little textural
differentiation.
Nixonton very fine sandy loam (Na) is a light-colored
soil associated with Barclay very fine sandy loam. It
differs from that soil chiefiv in having somewhat better
drainage. It has developed under forest cover from
marine sediments that are dominantly very fine sand
and silt. Relief is nearly level to very gently sloping, and
runoff is medium. The relatively small acreage is mostly
near Weeksville and Symonds Creek.
Representative profile in a cultivated area:
Surface soil-
0 to 9 inches, brown very fine sandy loam; very friable.
Subsoil-
9 to 20 inches, yellowish-brown loam or silt loam; very friable
to friable; slightly sticky when yet.
20 to 42 inches, light yellowish-brown or light bro?ynish-nra}
very fine sandy loam or loam finely mottled with light ;ray
and brownish yellow: very friable; slightly sticky when wet.
Substratum-
42 to 60 inches, mottled light-gray and yellowish-brown inter-
mixed fine sandy loam and loamy fine sand.
The surface soil ranges in color from pale brown to
dark grayish brown. In places the substratum iarirs in
texture.
This soil is very low in organic matter. Field tests
indicate that, except where limed, the surface soil and
the upper part of the subsoil are strongly to medium acid,
and that the lower part of the subsoil and the substratum
are slightly acid in places. The soil is very friable to
friable throughout and moderately permeable to roots,
air, and water. Its water-holding capacity is moderate.
U e. and suitability.-Approximately 93 percent of this
soil is under cultivation, 3 percent is in pasture, and 4
percent is in forest. Potatoes, corn, soybeans, and cab-
bage are the principal crops. Small acreages are used for
sweet corn, snap beans, and pasture. The trees of
forested areas are like those on Barclay very fine sandy
loam.
This is one of the best general-purpose soils in the
county. It is easily worked and is responsive to good
management. It retains applied plant nutrients and its
productivity can be built up and maintained. Because
of the soil's favorable position and profile characteristics,
little or no drainage is required for production of the
crops commonly grown in the area. (tiee management
group l.) -
Othello series
The soils of the Othello series occur oil flats. They
are poorly drained associates of soils of the Bertie, Fall-
22
SOIL SURVEY SERIES 1949, -NO. 3
School in \ixonton Township; southwest, west, and north
of Elizabeth City; and near Jlorga.ns Corner.
Profile of a cultivated area:
Surface soil-
0 to 8 inches, dark gray to very dark gray fine , andv loans:
very friable
Subsoil-
8 to 14 inches. intermingled pale-brown and dark-gray fine
sandy loam; very friable.
14 to 36 inches, mottled pale-yellow, brownish-yellow, and
light-gray fine sandy loam or loam; friable.
Substratum-
36 to 60 inches, mottled light-gray or white and browni=h-
yellow loamy fine sand or fine sand.
The surface soil is 12 to 18 inches thick in a few places.
Its color in forested areas is usually very dark gray to
black. In places the subsoil has pockets or lenses of
sandy clay loam.
Organic matter is low in this soil. The amount ranges
from 4 to 5 percent in cultivated fields but may be as
high as 8 percent in forests. Field tests indicate ihat the
surface soil and the subsoil are strorigly acid in all areas
except those limed. The substratum is only slightly
acid in some places. This soil is moderately permeable
and has a moderate water-holding capacity.
Some small areas of loamy fine sand are included with
this soil as mapped. They total about 69 acres and
occur mainly near Nixonton and near Olivet Church.
Their surface soil is dark-gray loamy fine sand, and their
subsoil is mottled vellowish-brown, yellow, gray, and
white loamy fine sand. Another inclusion occupies about
20 acres in north-central Newland Township. It is
surrounded by swamp and is wet most of the time.
The lowest part of the area has a dark-gray to black loamy
fine sand surface soil and a light-gray loamy fine sand or
sand subsoil. The slightly higher part has an intermingled
dark-gray and white surface soil and a weak to well-
developed very dark brown organic pan.
Use and suitability.-About 75 percent of Stono fine
sandy loam is under cultivation; the rest is in forest.
Potatoes and early sweet corn are grown rather exten-
sively. Other crops are corn, soybeans, cabbage, and
snap beans. Forested areas have a cover of loblolly
pine, sweetgum, red maple, and water and willow oaks.
The undergrowth is waxmyrtle, greenbrier, and `small
cane.
This soil is easy to work and has good tilth. For best
results some drainage is necessary for removal of excess
surface water. Although not a serious problem, leaching
is more rapid than in some of the finer textured soils.
The soil responds to good management, including the use
of fertilizers and lime. Productivity is not hard to main-
tain. This soil is exceptionally good for potatoes and
early sweet corn. (See management group 3.j
Stono very fine sandy loam (Sc) differs from Stono
fine sand ,v loam mainly in texture of surface soil and in
the higher percentage of very fine sand and silt throughout
the profile. The surface soil is very friable ver'v fine sandy
loam. The subsoil is mottled very fine sandv loam that
contains pockets of loam in some places. Like the fine
sandy loam, this soil is nearly level to very gently sloping
and is somewhat poorly drained. Its inextensive areas
are principally near Elizabeth City. A few small areas
near Morgans Corner and Hudson Store in -Newland
Township occupy slight depressions in Woodstown and
Figure 8.-Potatoes on Stono very fine sandy loam-a highly
desirable soil for a sure crop of good-quality potatoes. Pota-
toes have been grown on this field every year for 30 years and
still make good yields.
Dragston soils. They are more pearl- loam in texture
and have more fine sand in the subsoil than is normal.
Use and suitability.-About 95 percent of this soil is
tinder cultivation. The rest is in forest. The soil is largely
used for potatoes (fig. 8) and is highly desirable for this
crop. The other crops are mainly corn, soybeans, sweet
corn, snap beans, and cabbage.
This soil is permeable to roots, air, and water. It has
good water-holding capacity and good tilth and is easy
to work. It responds to good management and retains
more applied nutrients than Stono fine sandy loans. Some
provision for removal of excess water is necessary for best
use of the soil for crops. (See management group 3.)
Swamp
Swamp (Sd) consists of low wet land where water stands
on the surface most of the time. It occurs along sliig..ish
drainageways at or just above sea level and along the
Albemarle Sound and the Pasquotank River. It is variable
in texture and in content of organic matter. Where
observed, it was mostly gray to very dark gray mineral soil
ranging from fine sandy loam through silty clay loam or
clad- loam in texture. The subsurface I'N er is mostly
light gray or gray and is variable in texture. A few areas
Nvere observed that had shallow mucky material on the
surface, and in one area there was a light-gray silt loam,
24 to :36 inches deep, underlain by peaty much.
Swamp is well distributed thl'Ott(''11011t the southern
part of the county, the eastern part of Providence Town-
ship, and Newland Township. The largest areas are along
the Little River un the, east-central part of the county.
UNe and suitability.-Except, for a few areas in the
extreme southern part of the county in crass. Swamp is
entirely forested. The principal species are cypress, swamp
blackgum, red maple, yellow-poplar, Carolina ash or
water ash, and sivampbay. In places there is an under-
w-rowth of black alder, rattan or supplejacls. wild rose
Greenbrier, bamboo vine, and small cane. swamp has
nowhere been artificially drained. (See management
group 15.)
14
Subsoil-
8 to 30 inches, mottled yellow strong-brown, and light-gray
cla} or silty clay*; firm; plastic when wet.
30 to 38 inches, mottled light-grav, pale-yellon-, brownisli-
ye.low clay loam interbedded ' and
friable. With very flue sandy loam;
Substratuni-
38 to 60 inches, white or light-gray loamy fine amid mottled
with strong brown
SOIL SURVEY SERIES 1949, NO. 3
In forested areas a thin layer of k
dart;-gray or verydar
gray very fine sandy loam is at the surface.
This soil is very low in organic matter, and the surface
soil and subsoil are usually strongly acid It is moderately
permeable in the surface soil and very slowly permeable
in the subsoil. The water-bolding capacity is IOW.
As mapped this soil includes about 50 acres on slopes
of 2 to 4 percent. About 10 acres are moderately eroded.
Alan'v small moderatel eroded spots in cultivated areas
and one moderately eroded 7-acre area are included
because of their small extent. About 250 acres having a.
fine sandy loam texture are also included. These included
areas differ in having a slightly higher percentage of fire
and medium sand throughout the profile. They are
widely separated in Mount Her
fine sandy loam differ from the very fine sandy loam
the texture of the surface soil an
sand d having more fin
in the subsoil layers.
These soils
developed fro slopes of I to 2 percent and hay.
down on l m medium-textured marine sediments lair
oamy sand. Runoff is slow to medium any
internal drain age is medium to slow. The sma
acreage 11 t is about evenly divided in texture bet« o ta
een fill(
sandy loam and very fine sandy loam. Areas of very
fine sandy loam occur principallnear jVeeksville aai?l
southeastof Elizabeth City. The'
sandy loam occurs
marnh- northwest of Elizabeth Cit,- and alono• the -I oc uo-
PtankrofilRiver of in Providence and \ e(vland Toi?-nships. S the very fine sandy loam in cultivated areas:
Surface soil-
0 to 14 inchc grayish-bro«-n to hale-brown very fin
Subsoil- sandy
loam; very $iable. 14 to 3 inches dark-
30 to 36 6 inches, -brown clay loam or heavy loam, firm
S .
strong-brow?l loam or fine sandy loam; friable.
ubstratum-
36 to 60 inches, yellow loamy fine sand,
1 e ,land Townships. mon Providence and The color of the subsoil varies from dark brown through
Use and sec?.ta-bi lzty.-About 50 percent of Lenoir very top cinch lof rtlrer surface llOoilr is red. Ill forested areas the
fifne orest. sanCdy loam,
sandy substratum phase is used for very fine sandy lwoams.-s tin laver crops and about 4 percent for Pasture. 17 eli-v i dark gray very friable
l croprsst is in soirlis light yelloihbrovn very friable Derv fine ssand?
anoamd soybeans are the principa Very loam that extends to a depth
small acreages are used for cotton oats, and lespedeza Thi
for grazing, s soil has very
of about 14 inches. seed or hay. little organic matter, h'
Rost of the pastures are indicate that the surface soil and subsoil are strongly acrid
unimproved. Forests have the same species as those on and that the substratum is reld tests
Lenoir very fine sandy loam. slightly acid. soil?has a medium range of suitability. It is less the subsoil. The watere in file medium to .
difficult to drain than Elkton silt loam sandy substratum wrmeabilrty is moderate n the surface soil and slow in
phase, but more difficult to handle in 'other 'respects. It ? cap?uity is moderately
Use and suitability.--l bo tit 7 7 percent ofMatapeake
must be worked under a narrow range of moisture cone fine and very ffine sandy roams is
ditions because it absorbs water slowly tends to pact. f small part of this idle. A
after heavy rains acrd becomes hard on drain under nt s l Pa cultivation, and
relations are not good, and crops are injured by lack are the chief cro s, bout 5 percent is in
g• Moisture and IS percent is in forest. Potatoes , corn, and soybe?tin
of moisture in dry seasons. (See management group 1:3.) beans.
s
P Small areas are in cabbage and sn
Made land and dumps
They Made land and dumps (Ma) have no agricultural value.
PasquotanklRvrers al??s around Elizabeth Cd from the
with soil and debris, and areas used as coaltdumlps or
dumps for other material. (See management group 17.)
Matapeake series
The only member of the Matapeake series mapped in
the county is Matapeake fine and very fine sandy' loams.
It is a combination of two soil types occurring .
bodies that need not be ma bin small
soils are on slopes near or bordering d pinat e ways. These soils.
are well-drained, light-colored soils assoc ated «itl?lthe
somewhat poorly drained Bertie soils and the moderately
well drained AIa,ttapex soils.
Matapeake fine and very fine sandy loams (Mb) make
up small areas that are similar to the associated Bertie
and AIattapex series in textural profile. The areas of
b ap
Drainage is no problem on these soils, and they ar
s e
uited to all crops grown iu the area. Yields are
ally higher for potatoes cabbage, corn, and sovbeaus in
wet years than in drv years, Most cultivated areas are
small and generally form part of a field composed mainly
of another soil tv
Pe• (See management group 4.)
Ylattapex series
The soils of the _Mattapex series occur on gentle slopes
bordering drainagewavs. They are associated «ith the
soils of the Bertie and?Afatapeake series. Their textural
dProrainfilae is similar to that of these associated series, but their
ge is intermediate between the two.
Mattapex fine loam (Md) is associated with
Bertie very fineverysandy l sandy oam and a' eis fine and very
fi11e sandy roams. jlost of the slopes range from I to 2
percent. Runoff is medium and internal drainage is
sloe-. 'I'll's soil has developed from medium-textured
marine sediments deposited on sandy material. The
areas are principally near Weel:sville, southeast of Eliza-
beth City and in the extreme eastern part of Providence
Township.

960503
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199601700
PUBLIC NOTICE
Aj RFCFi 1,
4r -201 611111RO, .9
Hpg4sc/?hc?S
May 16, 1996
HARRELL ENTERPRISES, ATTN: MR. JACK KITCHIN, 1213 Hassel Road, Elizabeth
City, North Carolina 27909, has applied for a Department of the Army (DA)
permit TO FILL APPROXIMATELY 9 ACRES OF HIGH QUALITY RIVERINE WETLANDS
ADJACENT TO THE PASQUOTANK RIVER AND THE DISMAL SWAMP IN ORDER TO CONSTRUCT A
ROAD FOR ACCESS TO PRIVATE PROPERTY. The site is located approximately seven
miles northwest of Elizabeth City, on the east side of U.S. 17/158, Pasquotank
County, North Carolina.
The following description of the work is taken from data provided by
the applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the applicant proposes to place approximately 61,574
cubic yards of sand fill material.into high quality wetlands adjacent to
the Pasquotank River to construct a 9,500-foot long by 40-foot wide (1.8
miles) access road. No culverts were proposed in the plans submitted by
the applicant. In addition, the applicant proposes no compensatory mitigation
for this work. The wetlands that will be impacted are primarily vegetated
with Nvssa sylvatica (Swamp Tupelo), Pinus serotina (Pond Pine), Taxodium
distichum (Bald Cypress), Acer rubrum (Red Maple), Magnolia virginiana
(Sweetbay Magnolia), Clethra alnifolia (Sweet Pepper Bush), Arundiaria
gigantea (Switchcane), and Smilax glauca (Cat Brier). Plans showing the
work are included with this public notice.
The applicant has determined that the
the North Carolina Coastal Zone Management
notice has submitted this determination to
Coastal Management (NCDCM) for their revie,
shall be reviewed for the applicability of
agencies such as:
proposed work is consistent with
Plan and by copy of this public
the North Carolina Division of
a and concurrence. This proposal
other actions by North Carolina
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).
b. The issuance of a permit to dredge and/or fill under North
Carolina General Statute 113-229 by the North Carolina Division of Coastal
Management (NCDCM).
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.
V
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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 permit will be denied if any
required State or local authorization and/or certification is denied. No
Department of the Army permit will be issued until a State coordinated
viewpoint is received and reviewed by this agency. Recipients of this notice
are encouraged to furnish comments on factors of concern represented by the
above agencies directly to the respective agency, with a copy furnished to the
Corps of Engineers.
This application is being considered pursuant to Section 404 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 a 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 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.
-3-
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.
The North Carolina Division of Environmental Management (NCDEM) plans
to take final action in the issuance of the Clean Water Act certification
on or after June 8, 1996.
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 (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before June 3, 1996, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above,
will be received in this office, Attention: Mr. Henry Wicker, Washington
Regulatory Field Office, Post Office Box 1000, Washington, North Carolina
27889-1000, until 4:15 p.m., June 17, 1996, or telephone [phone],
extension 25.
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19199751399-* USACE-Reg, Branch;# 8
sheet 3 ??3
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
May 16, 1996
Regulatory Branch
Action ID No. 199601700
Harrell Enterprises
Attn: Mr. Jack Kitchin
1213 Hassell Road
Elizabeth City, North Carolina 27909
Dear Mr. Kitchin:
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Reference your application for Department of the Army (DA) authorization
to fill approximately 9 acres of high quality riverine wetlands adjacent to
the Pasquotank River and the Dismal Swamp in order to construct a road to
access private property. The site is located approximately seven miles
northwest of Elizabeth City, on the east side of US 17/158, Pasquotank County,
North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practicable alternative; second, taking appropriate and practicable steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practicable. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and
practicable steps to reduce wetland losses. Please show all that you have
done, especially regarding development and modification of plans and proposed
construction techniques, to reduce adverse impacts.
C. The MOA requires that appropriate and practicable mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practicable minimization has been employed. Please show your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practicable
measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by May 28, 1996. Also, a copy of
T
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this information must be sent to the North Carolina Division of Environmental
Management to enable them to adequately evaluate your application for a Water
Quality Certification pursuant to Section 401 of the Clean Water Act.
Thank you for your time and cooperation. If you have questions, please
do not hesitate to contact Mr. Henry Wicker, Washington Regulatory Field
Office, Regulatory Branch, telephone [phone], extension 25.
Sincerely,
David M. Lekson, P.W.S.
Field Office Manager
Copies Furnished:
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department ofEnvironment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
r. John Dorney
ivision of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS CO^
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890w
REPLY TO May 15, 1996
ATTENTION OF
Regulatory Branch
SUBJECT: ACTION ID: 199601700
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Harrell Enterprises, requesting Department
of the Army (DA) permit authorization, and a State Water Quality
Certification, to fill approximately 9 acres of high quality riverine wetlands
adjacent to the Pasquotank River and the Dismal Swamp in order to construct a
road for access to private property. The site is located approximately seven
miles northwest of Elizabeth City, on the east side of U.S. 17/158, Pasquotank
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
We are considering authorization of the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after
receipt of a request for certification is considered a reasonable time for
State action. Therefore, if your office has not acted on the request by
July 15, 1996, the District Engineer will deem that waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Henry Wicker, Washington Regulatory Field Office, telephone
[phone] extension 25.
Sincerely,
David M. Lekson, P.W.S.
Field Office Manager
Enclosure
Copies Furnished (without enclosure):
John Parker
ivision of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687