Ver _COMPLETE FILE_19870227

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor S. Thomas Rhodes, Secretary
February 27, 1987
Colonel Paul W. Woodbury
Corps of Engineers
District Engineer
P. 0. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
In accordance with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice ....
0080 dated December 4, 1986 which describes a project carried out by Bern
Bullard of Raleigh. The project, involving the placement of fill material
in wetland for waste disposal purposes, is located in the waters and wetlands
of Harris Creek near Raleigh in Wake County.
In the course of the review, three key agencies submitted objections
to all or a part of the work in the subdivision, including the apparent
unauthorized wetland road crossings. These comments and the agency submitting
each follow: 1) The Division of Land Resources, Land Quality Section
recommends that other than the sediment control measure downstream, the
remaining fill be reclaimed and the adjacent watercourse be cleared of
any sediment that may exist and be stabilized, 2) The N. C. Wildlife Resources
Commission finds that the request for an after-the-fact permit be denied.
Further, the Commission recommends that all unauthorized fill be removed
with the exception of the road crossings. All wetlands impacted and not
reclaimed should be mitigated on a 2 to 1 basis by grading adjacent high
ground to wetland elevations, 3) The Division of Water Resources finds
the activity inconsistent with the 404 Guidelines and recommends impacted
wetlands be restored to natural grade.
For your information, the Division of Environmental Management found
that the completed work does not require that a Section 401 Water Quality
Certification be processed.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

d
Colonel Paul W. Woodbury
Page 2
&Mhlwary 27, 1987
Should you require additional input from the state on this matter,
do not hesitate to contact this office or the agencies listed.
Very sincerely,
n R. Parker
Inl nd '404 Coordinator
JRP:jr/aw
cc: Division of Land Resources
Raleigh
N. C. Wildlife Resources Commission
Raleigh
Division of Water Resources
Raleigh
Division of Environmental Management
Raleigh

DEPARTMENT OF THE ARMY.
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284021890
March 10, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File Nos. SAWC087-E=092-0014/SAWC087-N-092-008 0
Bern Bullard Industries,
c/o Mr. Harry Mitchell
Bass, Nixon, and Kennedy,
7416 Chapel Hill Road
Raleigh, North Carolina
Dear Mr. Mitchell:
Incorporated
Incorporated
27607
I have completed my review of the after-the-fact permit
application that you have submitted on behalf of Bern Bullard
Industries for the unauthorized deposition of earthen fill
materials in the waters and adjacent wetlands of Harris Creek, in
Raleigh, Wake County,.North Carolina. Based on a thorough
evaluation of the project, coordination with Federal and State
agencies, and application of Environmental Protection Agency
guidelines required for work subject to authorization under the
Clean Water Act, I have determined that permit issuance would be
contrary to the best overall public interest. I must, therefore,
deny your permit request.
As you are aware, we received numerous unfavorable comments
from Federal and State review agencies (copies furnished with our
February 10, 1987, correspondence). Their reaction to your
proposal is the result of anticipated significant adverse impacts.
I understand that Mr. Mike Smith of my staff discussed our
decision on this matter with you earlier today. I also understand
that you have tentatively agreed, on behalf of your client, to
initiate the necessary action to restore the affected waterway and
the adjacent wetlands to their pre-project condition by removing
all of the unauthorized fill materials and subsequently
redepositing this material at a high ground location away from the
worksite. You are advised that we would expect you to complete
your restoration effort by reestablishing the pre-project
elevation contours, adequately sloping the adjacent high ground
area, and immediately taking the necessary action to stabilize all

-2-
denuded areas. In this regard, you should initiate your
restoration efforts as soon a$ possible. We expect you to make
adequate progress in your attempt over the next 60 days. Based
upon our inspection of your efforts, we will be more than willing
to work out an adequate time frame for you to complete your work.
You are advised that a failure to restore this unauthorized
activity will result in referral to the U.S. Attorney with a
recommendation for civil prosecution. I would appreciate being
notified within 10 days from the date of this letter of your
client's willingness to implement this restoration directive.
Mr. Smith is available to answer any questions you may have or to
assist you in developing an acceptable restoration time table. He
may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
r. William Mills
ater Quality Section
'/// Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. Mike Coughlin
Environmental Engineer/Planner II
Wake County Community Development
Services
Post Office Box 550
Room 901, Courthouse
Raleigh, North Carolina 27602

DIVISION OF ENVIRONMENTAL MANAGEMENT
.Water Quality Section
January 27, 1987
M E M O R A N D U M
TO: John Parker
FROM: Bill Mills
SUBJECT: Proposed Corps of Engineer's Permits
J. Russell Stoutt
Bern Bullard
Wake County
The two permits proposed for after-the-fact fill in
wetland areas have been reviewed for water quality concerns.
Neither project is expected to have an adverse effect upon
water quality. Since the permits will be for after-the-fact
situations, there will not be any 401 Water Quality
Certification applicable.
BM/dkb
cc: Carolyn McCaskill

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin; Governor - December 5, 1986 S. Thomas Rhodes, Secretary
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No. 0080 dated
1214186 describing a project proposed by Bern BulTard-
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 1/5/87
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY is office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP : j r. / aw
P.O. Box 27687, Raleigh, North Carolina 27641-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
AbW
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
« Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-092-0080
December 4, 1986
PUBLIC NOTICE
BERN BULLARD, C/O BASS NIXON AND KENNEDY, INC., 7416 Chapel Hill Road,
Raleigh, North Carolina, has applied for a Department of the Army after-the-
fact permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN THE WATERS AND
ADJACENT WETLANDS OF IN HARRIS CREEK, RALEIGH, Wake County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
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 an area about 610 feet long by an average of 50 feet
wide has been filled with wasted rock and other debris to a depth of 8 feet to
about 15 feet. South of this area is another fill area approximately 100 feet
long by 80 feet wide. Coming off of this is a buried utility line, which the
applicant says will be restored to natural elevation. The applicant states
that there is a temporary sediment control device located downstream. The
purpose of the work is to dispose of waste for the proposed Mallard Crossing
subdivision. Plans showing the work .are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request., in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing..
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and

this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
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, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North

-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
January 16, 1987.
All persons desiring to make comments regarding the-application for Clean
Water Act certification should do.so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before January 12, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
January 8, 1987, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers-
District. Engineer
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SAWC087-N-092-0080
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
RECEIVE
(1Ei05 1966
WATER QUALITY SECTION
OPERATIONS BR?,NN4..
December 4, 1986
PUBLIC NOTICE
BERN BULLARD,. C/O BASS NIXON AND KENNEDY, INC., 7416 Chapel Hill Road,
Raleigh, North Carolina, has applied for -a Department of the Army after-the-
fact permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN THE WATERS AND
ADJACENT WETLANDS OF IN HARRIS CREEK, RALEIGH, Wake County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
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 an area about 610 feet long by an average of 50 feet
wide has been filled with wasted rock and other debris to a depth of 8 feet to
about 15 feet. South of this area is another fill area approximately 100 feet
long by 80 feet wide. Coming off of this is a buried utility line, which the
applicant says will be restored to natural elevation.. The applicant states
that there is a temporary sediment control device located downstream. The
purpose of the work is to dispose of waste for the proposed Mallard Crossing
subdivision. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
rte.
-2 -
,this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
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, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North

-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
January 16, 1987.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before January 12, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above., will
be received in this office,'Attention: Mr. Jeff Richter, until 4:15 p.m.,
January 8, 1987, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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