20171468 Ver 1_USACE Correspondence_20171127

Burdette, Jennifer a
From: Mairs, Robb L
Sent: Monday, November 27, 2017 1:42 PM
To: Burdette, Jennifer a
Subject: FW: [External] After -the -Fact permit request in Atlantic (Carteret County)
Attachments: PN-SAW-2016-00546_cmiller.pn(ATF).pdf, scannedDoc.pdf, scannedDoc.pdf
Hey Jennifer,
Hope you had a nice thanksgiving. I believe that we discussed this after -the -fact permit when we received this
from Mickey Sugg, but I didn't see that you were copied. Did your office receive the public notice and does this
go through the IP process?
Thanks,
'NGi
-----Original Message -----
From: Sugg, Mickey T CIV USARMY CESAW (US)[ma iIto: [e-mail]]
Sent: Wednesday, November 08, 2017 9:56 AM
To: Dunn, Maria T. <[e-mail]>, Matthews, Kathryn <[e-mail]>, Bowers,
Todd <[e-mail]>, Ken Riley - NOAA Federal <[e-mail]>; Mairs, Robb L
<[e-mail]>, Coburn, Chad <[e-mail]>; Brownlow, Roy
<roy.brown [e-mail]>, Lambe, Brian <[e-mail]>
Cc: Reusch, Eric G CIV USARMY CESAW (US) <[e-mail]>, Charles, Thomas P CIV USARMY
CESAW (US) <[e-mail]>
Subject: [External] After -the -Fact permit request in Atlantic (Carteret County)
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].
Good morning -
You may have already received this Public Notice, but I wanted to give you a heads up on this request. This is a
violation that was initiated in Dec. '15 and after some time of discussion with the owner's agent(s), our office
has received an ATF Individual Permit request. There is some discrepancy between our impact numbers and
the applicant's that we will accurately quantify at some point. Our initial field & office estimates of total
impacts are over 5.0 acres and they are proposing to retain much of that by keeping the perimeter roads,
taxiway, access road, & most of the ponds. I have also attached our initial enforcement letter & restoration
plan for your benefit (one correction in our estimates is the taxiway should be —0.23 acres & not 0.65 acres as
stated in (2) on pg. 2). 1 will add (least at this point) that it doesn't appear that the ponds, especially the upper
pond), could be fully restored due to the material being scattered all over the property.
Please review and provide me with any concerns that you may have with this proposal within the PN
commenting period, which ends Dec. 8th.

Thanks for your time and attention to this and pls don't hesitate calling if you have questions, -mickey
Mickey Sugg, Project Manager
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[phone] (direct line)
[phone] (fax)
"The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at:
"http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 "

March 25, 2016
Regulatory Division
Action ID: SAW -2016-00546
Mr. Greg and Mrs. Emily Miller
7628 James River Close
New Albany, Ohio 43054
Dear Mr. Miller:
This letter serves to confirm our initial December 17, 2015 onsite meeting and inspection
conducted by Messrs. Mickey Sugg and Tom Charles of the U.S. Army Corps of Engineers,
Wilmington Regulatory Field Office (Corps) with your property managers, Mr. John and Mrs.
Beth Fulcher, regarding unauthorized activities into Waters of the United States (WoUS) located
on your property. The approximate 80 -acre tract is located on the north side of US Hwy 70,
across from 4470 Seashore Drive, adjacent to Nelson Bay, in Atlantic, Carteret County, North
Carolina. Other attendees at this meeting were Howard Nichols of ECC, Mr. Matt Smith of
G�
Environmental Services Inc., Mr. Robert Willis of Carteret Land Development, Ms. Joanne
Steenhuis of North Carolina Division of Water Resources, and Mr. Brian Lambe of North
Carolina Land Quality. A subsequent inspection was conducted on February 3, 2016.when
Messrs. Sugg and Charles met with the Fulchers, Mr. Smith, Mr, Nichols, and Ms. Steenhuis.
Based upon both inspections, our findings revealed that the activities on your property
have resulted in unauthorized impacts to approximately 5.33 acres of WoUS, specifically
wetlands. These activities include the following work: 1) the excavation of a pond and
associated stockpile area, 2) the construction of perimeter roads, 3) construction of a taxiway, 4)
the installation of a utility line and access to the pump house, and 5) the construction of a
driveway access to a future hangar location. The Corps has determined that the impacted
wetlands, adjacent to Nelson Bay, are subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344).
As explained to the Fulchers during both onsite meetings, this work, conducted without
Department of Army authorization, is a violation of Section 301 of the Clean Water Act (33 USC
1311) and our office recommends that you cease and desist from any further work in
jurisdictional waters and wetlands on the property.

-2 -
In review of the unauthorized activities, it is our recommendation that the following
actions be undertaken to restore the impacted wetlands under our regulatory authority. These
actions, as depicted in the enclosed March 23, 2016 restoration plan, includes the following:
1) Perimeter Roads: The removal of all fill material placed in approximately 1.57 acres
of jurisdictional wetlands within the perimeter road along the northwest, north, and
northeast property boundaries. The restoration areas were established with pink
flagging during our February 3rd inspection. The wetland areas must be restored by
the removal of all material back to the original wetland elevations. All extracted
material must be placed on high ground and the areas properly stabilized.
2) Taxiway and Access Road: The removal of all fill material placed in approximately
0.65 acre and 0.16 acre of jurisdictional wetlands for a taxiway and access road,
respectively. The wetland area must be restored by the removal of all material back
to the original wetland elevations. All extracted material must be placed on high
ground and the areas properly stabilized.
3) Utility and Pump Access: Approximately 0. 18 acres of jurisdictional wetlands have
been impacted. At this time, our office has requested your engineer to survey
elevation bench marks of the adjacent wetland and the access corridor. After review
of the results, our office will determine the need for any remedial work.
4) Upper Pond and adjacent Fill/Stockpile Areas: Approximately 2.77 acres of
jurisdictional wetlands have been impacted, with the open water pond consisting of
approximately 2 acres of the total. All of the fill and stockpile material located on
the west side of the pond must be removed back to the original wetland elevations.
All material must be placed in the central to southern portion of the pond, restoring
that pond area back to original wetland grade. Elevation bench marks of the
adjacent wetland area must be established to determine the final grade of the
restored area. Near the most southern end of the upper pond, a permanent plug
must be installed to maintain natural water levels within the restored area.
5) Lower Pond and Fill/Stockpile Area: It is unknown the amount of jurisdictional
wetlands impacted in this area due to the amount of stockpiled fill material and the
excavation that has taken place. Our office has been informed of your plans to use
the stockpile for a home site on the property. At this time, the extent of restoration
has not been decided and will be determined in conjunction with your use of the
material. It is noted that a portion of the pond/borrow pit has been excavated in
upland areas not subject to our regulatory permitting authority.
During the February 3, 2016 meeting, Mr. Fulcher disclosed your desire to keep the
taxiway and access roads to retain access to a future airplane hangar location. If it remains your
desire to keep these two roads, or any other portion of the work, the enclosed Individual Permit
application must be filled out completely and returned to our office within 2 weeks of receipt of
this letter. If you chose to comply with the restoration order, all remedial work must be
completed within 30 days of receipt of this letter.
As you have been notified that the prior work is a violation of federal law, any further
unauthorized work in waters or wetlands may be considered an intentional violation of federal
law. If you continue to work in waters and wetlands without the required authorization, fail to

52
perform the requested restoration, and/or fail to submit the enclosed permit application, the
Corps may take further administrative action by referral to the United States Attorney with a
recommendation for civil prosecution or to the United States Environmental Protection Agency
with a recommendation for administrative penalties.
Thank you for your time and cooperation in resolving this matter. If you have any
questions regarding the restoration directive or any other concerns in this matter, please do not
hesitate to contact Mr. Sugg at [phone] or Mr. Kyle Dahl, also with the Corps, at (910)
251-4469.
FILENAME: SAW-2016-00546-C-MILLER-ENF.doc.03a.doc
Sincerely, CESAW-RG-L/SUGG
CESAW-RG-L/DAHL
CESAW-RG-L/BETER/cwf
BCF by e-mail w/ enclosures:
CESAW-RG-L/Beter
CESAW-RG-L/Dahl
CESAW-RG-L/Charles
CESAW-RG-L/Dooley
Copy furnished w/ enclosure & send
certified mail:
Mr. John and Mrs. Beth Fulcher
470 Seashore Drive
Atlantic, North Carolina 28511
Copy furnished w/ enclosure:
Mr. Howard Nichols
ECC
4143 JC Galloway Road
Greenville, North Carolina 27858
Mr. Matt Smith
Environmental Services, Inc.
PO Box 2181
Wilmington, North Carolina 28402
MAIL
CESAW-RG/FILE
Kevin P. Landers, Sr.
Colonel, U.S. Army
District Commander
Ms. Joanne Steenhuis
Water Quality Division
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Ryan Davenport
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, NC 28557-3421
Mr. Thomas Walker, U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Terry Sanford Federal Building & US
Courthouse
Raleigh, North Carolina 27601-1461

In
Mr. Brian Lambe
Land Quality Section
North Carolina Division of Energy,
Mineral, and Land Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28406
Ms. Molly Davis, Chief
Wetlands Enforcement Section
Water Protection Division, Clean Water
Enforcement Branch
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Robert Willis
Carteret Land Development
Post Office Box 152
Smyrna, North Carolina 28579

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1�.�1
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: November 8, 2017
Comment Deadline: December 8, 2017
Corps Action ID 9: SAW -2016-00546
The Wilmington District, Corps of Engineers (Corps) received an application from Mr.
Greg Miller and Mrs. Emily Miller seeking an After -the -Fact Department of the Army
authorization for the discharge of fill material and excavation activity in over 5.0 acres of
jurisdictional Waters of the United States on their approximately 111 -acre property
located in the Town of Atlantic, in the northeast part of Carteret 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:
http://www.saw.usace.anny.mil/Missions/Re ug latoryPennitPro rg am.aspx
Property Owners:
Agent:
Authority
Mr. Greg Miller and Mrs. Emily Miller
7628 James River Close
New Albany, Ohio 43054
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
c/o: Mr. Alex Elkan
230 N. Elm Street, Suite 2000
Greensboro, North Carolina 27401
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)

Location
Location Description: The project site is located on the north side of the road at 4470
Seashore Drive, adjacent to Nelson Bay, in Atlantic, Carteret County, North Carolina.
Project Area (acres): —111 Nearest Town: Atlantic
Nearest Waterway: Nelson Bay River Basin: White Oak
Latitude and Longitude: 34.88084 N, -76.35941W
Existing Site Conditions
Activities on the property were initiated sometime mid -2015 and the proposed access
roads, taxiway, utility line, and the two ponds have been constructed and are in place.
There is an existing airstrip, or runway, aligned in a north to south direction, and bisects
the 111 acre property. This airstrip was constructed several decades ago and its footprint
has recently been built-up with material from the two ponds.
The majority of the surrounding area consists of a typical upland and low terrace of wet
Pocosin with upland long leaf pine ridges. Predominate hydric soil types are listed as
Murville mucky sand, a very poorly drained soil, and Leon sand, a poorly drained soil.
The majority of the drainage flows southward and empties into the tidal waters of Nelson
Bay. Vegetation is typical of Pocosin wet communities with canopy trees of Pinus
serotina (pond pine), Magnolia virginiana (sweet bay), Persea palustrus (red bay), and
Nyssa sylvatica (black gum); subcanopy of Cyrilla racemiflora (titi); and ground cover of
Lyonia lucida (fetterbush), Ilex glabra (ink berry), and Smilax laurifolia (laurel leaf
greenbrier). Upland ridges consist of Pinus palustrus (long -leaf pine) canopy with
Myrica cerifera (wax myrtle) understory and ground cover of Ilex glabra (ink berry) and
Aristida stricta (wire grass).
Applicant's Stated Purpose
Basic: The basic purpose is to utilize the property for recreational aviation and to
provide "fly -in" aviation access to the property for the owners and for future periodic
charitable use by military veterans and their families.
Overall: The goal of the project improvements is to: (1) maintain and improve
safety associated with the use of the existing grass airstrip for aircraft take -off, taxi, and
landing purposes; (2) construct infrastructure to access and use upland areas of their
property; (3) provide infrastructure fire protection; (4) maintain the pond, which was
excavated for material use to build up the pre-existing runway, for irrigational and
recreational purposes; and (5) develop the property as a "fly-in/fly-out" residential and
recreational property for personal and periodic charitable use by military veterans and
their families.

Project Description
The applicant proposes to retain the perimeter roads, taxiway, hangar access road, and
both ponds for the purposes above and plans to restore impacted wetlands at various
locations. It should be noted that there are some discrepancies between the Corps' initial
findings and information in the application regarding the exact amount of existing
wetland impacts and acreage being proposed. In 2016, the applicant employed a wetland
consultant to delineate the Waters of the U.S. on the entire 111 -acre property; however,
our office has not verified the accuracy of this jurisdictional boundary.
Perimeter Roads: The applicant proposes to retain the perimeter roads that traverse the
southwestern, western, and northern property boundaries and that currently impact
approximately 1.57 acres of wetlands. These roads vary in width from 20 to 33 feet and
are to have dual purposes: provide access to future cabin sites for wounded/disabled
veterans and storage facilities and provide fire and life safety protection throughout the
property. Plans are to reduce the road footprint to a 12-13 foot top width with a 2:1 side
slope and to restore the remaining wetlands by removing the additional fill material to
original elevations.
Taxiway: Plans include retaining the existing taxiway, which will provide airplane
access from the runway to the proposed hangar site. This access runs north and south
from the proposed hangar site to the northern end of the runway. The connection access
is approximately 20 feet wide and currently has impacted approximately 0.23 acre of
jurisdictional wetlands. The applicant proposes to reduce the footprint of impacted
wetlands to 0.12 acre, which is a minimum design in order to conform to "Design
Standards Based on TDG" contained in FAA Advisory Circular 150/5300-13A, and the
remaining wetlands will be restored back to original grade via the removal of existing fill
material.
Hangar Access Road: The purpose of this existing road is to provide safe access in the
most direct and shortest route from the hangar to the airstrip without interference with the
safe airplane access of the Taxiway. The access would also allow a fire- and life -safety
requirement for access to the hangar and irrigation pond in the event of an aircraft failure
on the taxiway that would otherwise block access. The current road has impacted
approximately 0. 16 acre of wetlands and plans are to narrow the road surface to 12-13
feet wide with a 2:1 slope to reduce the impacts to approximately 0.04 acre of wetlands.
Recreational/Irrigational Pond: The initial use of the ponds was to provide material to
improve the existing onsite runway by elevating its footprint several feet high and to
irrigate the ground cover for stabilization. The footprint of the Upper Pond has impacted
over 2.0 acres, including perimeter fill, and the total impacts associated with the Lower
Pond has yet to be determined due to current conditions. It should be noted that the
majority of the Lower Pond was excavated in uplands.
Over 0.5 acre of stockpile material, mostly overburden from the ponds, was placed in
jurisdictional wetlands in a location adjacent to the Upper Pond. The applicant proposes
3

to restore the wetlands in this area by removing the material back to the original wetland
contours.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: With the configuration and amount of
wetlands on the property, access to the upland cabin sites are unable to be constructed in
a practicable manner to avoid wetland impacts and there are no available high ground
options to practicably connect the hangar site with the taxiway and hangar access roads
without impacting wetlands. The perimeter roads, taxiway, and hangar access road are
being proposed to the minimum width in order to reduce wetland impacts while
providing safe passageways. The applicant states that the reduction of the length,
number, and/or connectivity or configuration of the proposed roadways would greatly
diminish the ability to use the various upland areas of the property for guest cabins and
maintenance, storage, and recreational buildings and facilities. In investigating an
alternative for fire protection/irrigation, a groundwater well was determined to be
susceptible to depletion (aka dry well) by fire pump trucks in the event of emergency fire
protection calls.
Compensatory Mitigation
The applicant offers to create approximately 2.4 acres of wetlands onsite as
compensatory mitigation to offset unavoidable functional loss to the aquatic environment.
Several areas have been identified as potential onsite wetland creation sites. Plans are to
convert uplands to wetlands via the introduction of ditches through Leon/Murville soil
"uplands" located near jurisdictional wetlands. Two specific locations of these wetland
creation opportunities have the characteristics of 1) being directly adjacent fire plow
lines, 2) having topographic relief of less than 12 inches, and 3) being completely
surrounded by wetlands. In addition to this creation approach, the applicant is offering to
create approximately 1.08 acres of littoral shelf emergent wetland within the southern
half of the Upper Pond. Material for this proposed creation would originate from the
stockpile material area that is planned for removal in order to restore the over 0.5 acre
area adjacent to the pond.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
E

Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
5

The applicant provided SHPO with information on this proposal and SHPO's office
replied on October 18, 2017 stating that they "are aware of no historic resources which
would be affected by the project", adding no further comment.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps initiates consultation under Section 7 of the ESA and will not make
a permit decision until the consultation process is complete.
❑ The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or
its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
® The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
no

Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by January 08, 2018 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
® The application did not include a certification that the proposed work complies
with and would 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 Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt„ concurrence or
objection from the NCDCM.
❑ Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
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.
7

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 consolidated 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
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 will 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.
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials, including any consolidated State viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the applicant's
proposal. Any comments received will be considered by the Corps of Engineers in
evaluating the approval of this permit request. To make this decision, 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.
The Corps has reviewed the prospectus and has examined all information provided by the
applicant. Our preliminary review indicates the following: 1) An Environmental Impact
Statement will not be required; 2) No listed species of fish, wildlife, and/or plant species
(or Critical Habitat) under the Endangered Species Act of 1973 is expected to be
impacted; 3) There are no potential cultural or historic resources located within the
proposed project site; and 4) There are no Essential Fish Habitat (EFH) areas within the
subject bank A "no effect" determination for threatened and endangered species and for
cultural and/or historic resources has been made at this time; and it has been determined
that no additional EFH evaluation will be conducted. Any additional or new information
may change any of these preliminary findings.
Written comments pertinent to the proposed work, as outlined above and as described in
the prospectus, will be received by the Corps of Engineers, Wilmington District, until
5pm, December 8, 2017. Comments should be submitted to Mr. Mickey Sugg, 69
Darlington Avenue, Wilmington, North Carolina 28403, or via internet at
mickey.t.sugg_gusace.army.mil. If you have any questions, please contact Mr. Sugg at
[phone].
I

Page 1 of 1
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Legend
® Restoration Areas
Mitigation Sites
Sand Mining
- Irrigation Pond
Upland Access Roadways
Hangar to Airstrip Taxiway
- Hangar to Airstrip Roadway
Approximate Property Boundary
Delineated Wetlands
Miller Property
Seashore Drive, Atlantic
Carteret County, NC
June 2017
0 315 0 630 F
�9
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
N
W E
S
Figure 3 - Project Components
map source:
NC OneMap

N
W+ E
S
Miller Property
Seashore Drive, Atlantic
Carteret County, NC
June 2017
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
20
Legend
A
40 F
QWetlands Impacts 0.14 acres
® Permanent Impacts 0.04 acres
Wetlands Restoration 0.09 acres
Delineated Wetlands
Figure 5
Hangar -to -Airstrip Roadway
map source:
NC OneMap

Miller Property I 69 I
Seashore Drive, Atlantic
Carteret County, NC
June 2017
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
Figure 8 - Irrigation Pond
map source:
NC OneMap

JN
W _ 1 ._
1�
Mka�
45 0 90 F
Legend
0 Impacted Wetlands 0.31 acres
1
Wetlands Restoration 0.31 acres
New Open Water 1.43 acres
New Wetland Creation/Emergent Littoral Shelf 0.77 acres
Delineated Wetlands
Miller Property
Seashore Drive, Atlantic SPANGLER Figure 9 - Sand Mining
Carteret County, NC ENVIRONMENTAL, INC.
June 2017
4338 Bland Road Raleigh, NC 27609 map source:
919-875-4288 NC OneMap

Legend
� Cross-section
���■ Constructed Berm
Constructed Ditch
QUpland Area
Typical
Wetlands
Miller Wetland NOV
Seashore Drive, Atlantic
Carteret County, NC
June 2017
Min. 1
L
Typical
NTS
69
SPANGLER
EMVIRONIMEMAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
20 0 40 F
Wetlands
Figure 10 - Mitigation Area 1
(0.55 Acres)
map source:
NC OneMap

Typical
Wetlands
Miller Property
Seashore Drive, Atlantic
Carteret County, NC
June 2017
Min. 18
Typical
NTS
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
Wetlands
Figure 11 - Mitigation Area 2
(0.75 Acres)
map source:
NC OneMap

2:
Wetland
Notes:
Restoration of Taxiway
With Some Permanent
Impact Remaining
Areas to be Excavated Existing Road Fill
Irrigation Pipe "••
18" IYP /vJ(/
..............
25' wide -1
�-- s1' wide 10 NTS
Wetland
1. Area to be excavated to original soil surface as determined visually. No over -excavation is required.
2. Natural recruitment shall be preferred method of vegetation restoration. To be supplemented with
wetland seed mix listed below as needed.
3. Existing 12" CPP to remain to allow continuing surface hydrology connections.
Wetland Seed Mix
Recommended application rate: 20-25 lbs. per acre
Species
Common Name Percent
Elymus riparius
Riverbank wild rye
20
Panicum rigidulum
Redtop Panicgrass
8
Panicum dichotomiflorum
Smooth Panicgrass
14
Carex vulpinoidea
Fox sedge
12
Panicum virgatum
Switchgrass
23
Dichanthelium clandestinum
Deer tongue
8
Bidens aristosa
Showy Tickseed Sunflower
7
Juncus effusus, NC Ecotype
Soft rush
4
Polygonum pensylvanicum
PA Smartweed
2
Sparganium amricanum
Eastern bur reed
2
Miller Property
470 Seashore Road
SPANGLER
Exhibit 1- Restoration of Taxiway
Atlantic, NC
ENVIRONMENTAL, INC.
June 2017
4338 Bland Road Raleigh, NC 27609
919-875-4288

Typical Road Fill Restoration
With Some Permanent
Impact Remaining
Areas to be Excavated
2:1
•,YP- 12" CPP
Wetland
12' wide 11111
Shorte/Pipe 1z' -1a' wide (typ.) 10
NTS
Notes:
Existing Road Fill
XZ
Wetland
Shorten Pipe
1. Area to be excavated to original soil surface as determined visually. No over -excavation is required.
2. Natural recruitment shall be preferred method of vegetation restoration. To be supplemented with
wetland seed mix listed below as needed.
3. Existing 12" CPP to remain to allow continuing surface hydrology connections.
4. Road to be maintained as dirt or grassed, with no clearing beyond toe of slope.
Wetland Seed Mix
Recommended application rate: 20-25 lbs. per acre
Species
Common Name Percent
Elymus riparius
Riverbank wild rye
20
Panicum rigidulum
Redtop Panicgrass
8
Panicum dichotomiflorum
Smooth Panicgrass
14
Carex vulpinoidea
Fox sedge
12
Panicum virgatum
Switchgrass
23
Dichanthelium clandestinum
Deer tongue
8
Bidens aristosa
Showy Tickseed Sunflower
7
Juncus effusus, NC Ecotype
Soft rush
4
Polygonum pensylvanicum
PA Smartweed
2
Sparganium amricanum
Eastern bur reed
2
Miller Property
470 Seashore Road
Atlantic, NC
June 2017
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
Exhibit 2
Typical Road Fill Restoration

Restoration of Fill
All Fill to be Removed Typical Existing Fill Profile
Wetland / / / / / / / Wetlands
NTS
KI r1tPC'
1. Remove all fill to original ground surface as determined visually, based on soil profile of adjacent wetlands.
2. Natural recruitment to be preferred method of re -vegetation. To be supplemented with wetland seed mix
listed below as needed.
\T��L� OTH1.Y�'I►y/Iii
Recommended application rate: 20-25 lbs. per acre
Species
Common Name Percent
Elymus riparius
Riverbank wild rye
20
Panicum rigidulum
Redtop Panicgrass
8
Panicum dichotomiflorum
Smooth Panicgrass
14
Carex vulpinoidea
Fox sedge
12
Panicum virgatum
Switchgrass
23
Dichanthelium clandestinum
Deer tongue
8
Bidens aristosa
Showy Tickseed Sunflower
7
Juncus effusus, NC Ecotype
Soft rush
4
Polygonum pensylvanicum
PA Smartweed
2
Sparganium amricanum
Eastern bur reed
2
Miller Property
470 Seashore Road SPANGLER Exhibit 3 - Restoration of Fill
Atlantic, NC ENVIRONMENTAL, INC.
June 2017 4338 Bland Road Raleigh, NC 27609
919-875-4288

Wetland
Notes:
Restoration of Water Line Impact
and New Temporary Utility Impact
All Fill to be Removed Typical Existing Fill Profile
O— 18" BLS
10' Wde to be Remain Cleared of Woody Vegetation
NTS
Wetlands
1. Remove all fill to original ground surface as determined visually, based on soil profile of adjacent wetlands.
2. Temporary impact to lower water line to minimum 18" BLS.
3. Natural recruitment to be preferred method of re -vegetation. To be supplemented with wetland seed mix
listed below as needed.
4. 10' wide cleared of woody vegetation (no fill) to be maintained.
Wetland Seed Mix
Recommended application rate: 20-25 lbs. per acre
Species
Common Name Percent I
Elymus riparius
Riverbank wild rye
20
Panicum rigidulum
Redtop Panicgrass
8
Panicum dichotomiflorum
Smooth Panicgrass
14
Carex vulpinoidea
Fox sedge
12
Panicum virgatum
Switchgrass
23
Dichanthelium clandestinum
Deer tongue
8
Bidens aristosa
Showy Tickseed Sunflower
7
Juncus effusus, NC Ecotype
Soft rush
4
Polygonum pensylvanicum
PA Smartweed
2
Sparganium amricanum
Eastern bur reed
2
Miller Property
470 Seashore Road
Atlantic, NC
June 2017
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
Exhibit 4
Restoration of Water Line Impact