20120813 Ver 1_Public Notice_20120712

US Army Corps
PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: July 3, 2012"
Comment Deadline: August 2, 2012
Corps Action ID: SAW 2011 -01897
The Wilmington District, Corps of Engineers (Corps) has received an application from
Allis Holdings, LLC seeking Department of the Army (DA) authorization to impact 0.50
acres (21,780 square feet) of Section 404 jurisdictional wetlands associated with -
constructing a commercial building facility with associated parking, just south of the
Duck Waterfront Shops, in Dare County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.army.mil/wetlands
Applicant: Allis Holdings, LLC -
Attn: Mr. Jim Braithwaite
Post Office Box 1544
Virginia Beach, Virginia 23451
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act.
Location
The project is located at 1240 Duck Road, just south of the Duck. Waterfront Shops, west
of HWY 12, adjacent to the Currituck Sound, in the Town of Duck, Dare County, North
Carolina. (36.16935 N, - 75.75610 W).

Existing Site Conditions
The property is currently a wooded lot located adjacent to NC Highway 12 containing
approximately 25,585 square feet of jurisdictional wetlands adjacent to the Currituck
Sound. The vegetation on the property is comprised mainly of wax myrtle (Morella
cerifera) on the eastern portion of the property and black needlerush (Juncus
roemerianus) adjacent to the Currituck Sound. The property is found on map 2 of the
Dare County Soil Survey as being mapped as a Currituck mucky peat soil and
experiences a seasonally high water table. The property is bordered on the north by the
Duck Waterfront Shops and south by the Duck Water Tower.

Applicant's Stated Purpose
The purpose of the proposed project is to construct a 4,000 square foot commercial
building with associated parking and storm water area. The commercial building will
support several businesses in the immediate area.
Project Description
The proposed project includes the filling of approximately 0.50 acres of jurisdictional
wetlands to support a 4,000 square foot commercial building and associated facilities.
There will be approximately 25 parking spaces serving the proposed building as well as
overflew parkin; space for adjacent waterfront shops. A storm water treatment a.-- will
also be constructed to collect on -site storm water run -off.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until
the North Carolina Division of Water Quality ( NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of
the application combined with the appropriate application fee at the North Carolina
Division of Water Quality central office in Raleigh will constitute initial receipt of an
application for a 401 Water Quality Certification. A waiver will be deemed to occur if
the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 1650 Mail Service Center, Raleigh,
North Carolina 27699 -1650. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality ( NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699 -1650, Attention: Mr. Ian McMillan by
July 21, 2012.
The applicant has certified that the proposed work complies with and will be conducted
in a manner that is consistent with the approved North Carolina Coastal Zone
Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps is, by this notice,
forwarding this certification to the North Carolina Division of Coastal Management
( NCDCM) and requesting its concurrence or objection. Generally, the Corps will not
issue a Department of the Army (DA) permit until the NCDCM notifies the Corps that it
concurs with the applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson- Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated

fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and /or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
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 discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; 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
4

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.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5 p.m., August 2, 2012. Comments
should be submitted to Mr. Josh Pelletier, Washington Regulatory Field Office, 2407 W
5th Street, Washington, North Carolina, 27889, or telephone [phone].
5

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