20060703 Ver 1_Public Notice_20060523

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us a>,•my corps PUBLIC NOTICE
Of Engineers
WilmngtonDistrict ~Q ~ D
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MAY 2 3 ~0p6 Issue Date: 10/12/2005
Comment Deadline:l l/14/2005
oEr~~sTOa~~~ Corps Action ID #:200610019
Wks
All interested parkies are herby advised that the Wilmington District, Corps of Engineers.
(Corps) has received an application :for work within jurisdictional "waters of the United
States. Specific plans and>location information are: described below and hown 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
Applicants Coastal Land. Development.
Attention: Mr. Bob Farris
201 Lane Drive
Elizabeth City, North Carolina 27909
AGENT (if applicable): Mr. Kendall Turnage
..Environmental Professionals, Incorporated
Post Office Box 3368
Kill Devil. Hills, North Carolina 27948
..Authority
The Corps will evaluate this application and a decide whether to issue, conditionally:.
issue, or deny he proposed work pursuant to applicable procedures pursuant to Section
404 of the Clean Water Act (33 1.S.C.1344).
Location
The property`is a 120 acre tract attend of North Carolina State Road 1325 (Jacock's Road)
adjacent to the Little River east of Hertford in Perquimans County, North Carolina (36.15..3616
76.24490$)....,
Existing Site: Conditions
The property is an undeveloped tract of land consisting of farm fields .and wooded areas
vegetated with pine trees and mixed hardwoods. An area of cypress-gum swamp is
located in the. middle of the property .and two areas of bottomland hardwood wamp are

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located on the eastern side of the property.: The applicant has begun clearing. and grading.
associated with the construction of a previously permitted subdivision. road.
Applicant's Stated Purpose
The applicant proposes to place fill in wetlands to allow the septic systems on two
residential lots to meet the 50 foot health department setbacks to wetlands_required by the
State of North Carolina.
Project Description
'The applicant proposes to place fill in 0.22 acres. of USAGE. jurisdictional wetlands on Lot
33 and 0.42 acres of USAGE jurisdictional wetlands. on Lof 55 to create .building areas on these
recently. platted single-family residential lots. The proposed activity would result in the
permanent loss of 0.46 acres of wooded wetland dominated by'bald cypress, black gum,
red maple, ironwood and swamp chestnut oak.
Dther Required Authorizations
This noticeand ali'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 40 L of the Clean Water Act (PL 92-500).: The
receipt. of the application'and this public notice in the.. NCDWQ Central. Office in Raleigh
serves as application to the NCDWQ for 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, 23211 Crabtree Boulevard; Raleigh,`
North Carolina 27604-2260. 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: Ms Cynd Karoly by
November 14, 2005..
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity 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 cannot issue a permit forthe proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
.:Essential Fish Hahitat

This notice initates_the Essential Fish Habitat.(EFH) consultation requirements of tfie
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 latestNorth 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 maybe relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fishand wildlife values, flood hazards,, flood plain
values (in accordance with Executive-0rder 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 he activity on the`public interest will include application of the
Environmental Protection Agency's ~404(b)(1) guidelines.
Commenting Information
The :Corps 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 to determine whetherto issue; modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered<speces,
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
publchearingshall 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 Spm, November 14, 2.005...
Comments should be submitted to Ms Tracey L. Wheeler, Post Office Box 1000;
.Washington, North Carolina, 27589, or telephone (919J 975-1616, extension 24.

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Distribution:
1 Mr. Bob Farris, 102 Lane Drive, Elizabeth City, North Carolina 27909
1 Congressman Walter B: Jones,222 Cannon House Office. Building, First and
Independent Avenue,. S.E., Washington, DC 20515
1 United States Postal Service, Postmaster, Hertford; North Carolina 27944
1 Environmental Professionals Attention: Kendall Turnage, Post Office Box 3368,
Kill DevLHills, North Carolina'27948.
1 James and Marjorie Hoffer, Post Office Box 130; Sunbury, North Carolina 27979.
1 Sterling Colson, 2$03 New Hope Road, Hertford, North Carolina 27944.
Har d;Copy w/ all.application materials
1 Cynd Karoly, North Carolina Division ofWater Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650
In 20 designated Coastal Counties
1 Doug`Huggett, North Carolina Division of Coastal Management, Hestron Plaza II
151B,,Hghway 24, Morehead City, North Carolina 28557