19860148 Ver 1_COMPLETE FILE_19860315

Permit Class Permit Number
New STATE OF NORTH CAROLINA 117-85
D art ent of Natural Resourees.:and Community Development
Coastal-Resources Commission
er I
for"
DX Major Development in an Area of Environmental
Concern° pursuant to NCGS 113AA 18
0 Excavation and/or.filling pursuant to NCGS 113-229
Issued to County of Hyde, P. 0. _Box 188, Swan Quarter, NC 27885
authorizing development in Hyde County at Pamlico Sound (off shore of Ocracoke,
north of Howard's reef) as requested in the permittee's application dated 5/10/85, i ne 1 udi nq
attached nautical chart section, no date, and 2 narrative sheets, no date.
This permit, issued on VaO is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) Unless a permit modification is approved, the material for reef construction
must be only that of tires, relatively free of pollutants other than in
trace quantities.
(2) All tires must be prepared in keeping with the best reef construction techniques
and anchored so as to ensure that the individual tires and/or tire bundles
will remain on station.
(3) The reef must be marked in keeping with the application and the marker
design must be in keeping with the Uniform State Waterway Marking System
administered by the N. C. Wildlife Resources Commission.
(4) A minimum vertical clearance of 7 feet will be maintained between the top
of the reef and the normal water elevation.
(5) The area of the reef will be limited to 1500 feet long and 400 feet wide
as indicated.on the application.
NOTE: A Section 401 Water Quality Certification is not required for this project.
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1988
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Office of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Perinittee

APPLICATION
171% 57
-t3-gS
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
() IF-114- 4a
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant I
A Name
Last / First Middle
B. Address ' 'SOX /`? S_
Street, P. O. Box or Route
A/• C ??BS 9.W6 ,6 7
City or Town State Zip Code Phon e
II. Location of Proposed Proj t:
A. County Gas / v FR40.34 srr-'E- T° D.P&D'sr_?
.
B. 1. City, town, community or landmark C- -" 'X
17
2. Is proposed work within city limits? Yes No 419 `SEE DEL` ?/
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project

Ill. Description of Project /
A. 1. Maintenance of existing project 2. New work V
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth -
o,r rllHrir?.f?,y
r1l'I
3. Fill area length w idth epth
4. OtherA?° length A$_061 width AO a depth !-z•4 T?-o 1L.2.ri?r-F
C. 1. Bulkhead. lengthrAverage distance waterward of MHW (shoreline) i1'1154f
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 2. Type of material N/
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards Alle f 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
oes a area to be excavate inc u e any marshland, swamps or other wetland? Yes No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No _ /
C. Disposal Area
1. Location ^7 Z I ev S`Or/.y;Z>
2. Do you claim title to disposal area? NCB
D. Fill material source if fill is to be trucked in / i-11C f__
E. How will excavated material be entrapped and erosion controlled?
F. Type of equipment to be used 7',<'!/C&S -qe- •?3WAradz-9
G. Will marshland be crossed in transporting equipment to project site? If yes, explain i?T?
2 7 ,s--
D& F-B 1
Rev. 10/78
r_ ft,
V. Intended Use of Project Area (D
A. 1. Private /V
2. Commercial
3. Housing D velop ent or
4. Other G

B. 1. Lot size(s) -
2. Elevation of lot(s) above mean high water y?
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe N
6. (Land Classification'(c' one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
ON OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes VNo
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-NoL/
2. Type of discharge aelA
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: NbiU s
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8'/2 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served /?1A
D.. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
XI. Certification requirement: I. certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE S _/A.'-s-
ie:z ?, z2Z,
Applicant's Signatu
D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78

Fill Material
Tires will be dumped both randomly and in specific locations
within the proposed site. The tires will be cut, strapped together
in bundles and dumped. The tire units have been bound together in
two ways one with iron rebar, the other with nylon rope. Buoys
will be provided at all four corners of the rectangular reef site
and the tire units at the sites will be anchored. This will be
accomplished by having eight or nine units tied together with
nylon rope attached to a tire filled with concrete. In addition
there will be an outer perimeter of tires bound together with
nylon rope to serve as an impoundment with the tires anchored at
each end utilizing tires filled with concrete. The anchored units
as discussed above will be contained within the impoundment. The
site will have at least seven foot of clearance from the surface
of the water to the top of the tire units to allow for boat
navigation. Below is a typical configuration of a tire unit.
All Tire Units Constructed The Same !ems
P,yl on Rope
or
iron Rebar
Connecting Unit
Together
ES PER UNIT
R
-.-,
1?. e
Buoying System for Artificial Reefs
Each reef will be marked with a minimum of four Spar buoys
with one buoy located at each corner. Each.buoy will be anchored
by use of a tractor tire filled with concrete.
Buoys will be five (5) feet in length and ten (10) inches
in diameter with three (3) feet of the buoy above the water line.
Buoys will be white in color with "Artificial Reef" marked
in red letters, and will have white reflective tape markings
to assist in identification.
-------------

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Regulatory Branch
SUBJECT: File No. SAWCO85-N-048-0216
AUG 121985
WATER QUALITY SECTION
OPERATIOrt BRANCH
Mr. Cliff Swindell
County of Hyde
Post Office Box 188
Swan Quarter, North Carolina 27885
Dear Mr. Swindell:
Reference your application for a Department of the Army
permit to place fill material in Pamlico Sound to establish an
artificial fishing reef, north of Howard's Reef, in Hyde County,
North Carolina..
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
If any change in your work is required because of unforeseen
or altered conditions or for any other reason, plans revised to
show the change must be sent promptly to this office and the N. C.
Division of Coastal Management prior to performing arW such change
or alteration. Such action is necessary as revised plans must be
reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
August 7, 1985
RECEIVED
a
.
-2-
Copies Furnished with enclosure:
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
Mr. William Mills
Water Quality Section
Division of Environmental
Management
*rth Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
. Service, NOAA
Post Office 'Box 570
Beaufort, North Carolina 28516
Mr. Lee Pel eJ
Environmental Review Section
Environmental Assessment Branch
U. S. Environmental Protection Agency
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1502 North Market Street
Washington, North Carolina 27889

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Fill Material
Tires will be dumped both randomly and in specific locations
within the proposed site. The tires will be cut; strapped together
in bundles and dumped. The tire units have been bound together in
two ways one with iron rebar, the other with nylon rope. Buoys
will be provided at all four corners of the rectangular reef site
and the tire units at the sites will be anchored. This will be
accomplished by having eight or nine units tied together with
nylon rope attached to a tire filled with concrete. In ad ition
there will be an outer perimeter of tires bound together with
"nylon rope to serve as an impoundment with the tires anchored at
each end utilizing tires filled with concrete. The anchored units
as discussed above will be contained within the impoundment. The
site will have at least seven foot of clearance from the surface
of the water to the top of the tire units to allow for boat
navigation. Below is a typical configuration of a tire unit.
All Tire Units Constructed The Same Way

Nylon Rope
or
iron Rebar
Connecting Unit
Together
=S PER UNIT
2

t
.
Buoying System for Artificial Reefs
Each reef will be marked with a minimum of four Spar buoys
with one buoy located at each corner. Each buoy.will,be anchored
by use of a tractor tire filled with concrete.
Buoys will be five (S) feet in length and ten (10) inches
in diameter with three (3) feet of the buoy above the water line.
Buoys will be white in color with "Artificial Reef" marked
in red letters, and will have white reflective tape markings
to assist in identification.
- --------------------
J
March 28, 1986
Mr. Charles Hollis
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Subject: Artificial Fishing Reef
County of Hyde
(SAWCO86-N-048-0078)
Dear Mr. Hollis:
Regarding the Subject application for permit and 401
certification and Public Notice dated February 7, 1986, our
review indicates that the project is beyond the statutory
limit of North Carolina waters. As such the 401
Certification responsibilities does not lie with North
Carolina, but with EPA.
If you have any questions regarding this matter, please
contact me.
Sincerely,
Origi,Yai Signed By
WILLIAM C. MILLS
William C. Mills
Environmental Engineer
WCM/dkb
NI<;DAT'r`t DI°:'f::r`,i'4A/401 REV DATE 04/09/86
•' C
ACTION HG FILE > 1,iI'• i.:AMr:i 40! F'SWD `> FORMAT NRDI•• t.:AMA NEXT Rt..T.1 .. 00012
i`lE;:..t r( ENTERED THIS DATA. RE::t,'ORD :1:S NO 0001i FRD DATA
f' Rt:T...i :,;°;0
??: ? '.. i i:'i.. tNt•? ; ? ? ''.f:S•.I:t::i''!I:::I?t ,::. "' COUNTY:
1: I'E:?t:i..J: HYDE CO
? ? I°''DE R
Y EGION: 0*7
A.'•..;... GNE:.I I't:i W•.JP1 d"h - JOINT NOTICE: N
TYPE:: CERTIFICATION RECOMMENDATION DATES YYMMDD
404 1='i`•! : Y 40'i RI:::Q : ISSUE: RECEIVED: 86020 6;
CAM A ONLY: Gt.;: DENY: INITIAL RE PORT: 86022-'.*.-,'
DF°;'t•. Ai° A : GC: LIi.:J1...i::: FINAL REPO RT: 860401'.P
RECEIVING STREAM: ATLANTIC OCEAN CLASS: SB BASIN: PAS
COMMENTS:
2 PROPOSED ARTIFICIAL FISHING REEFS LOCATED 6-8 M:EL..E:: S OFFSHORE; SOU TH 01::-
OCRACOK E ISLAND
DIMENSIONS EACH R1..:E::F (20OFT LONG : 40FT WIDE..:)
MA'T"E::RI:AL.. T O BE USED; RAILROAD BOX CARS OR OTHER SUITABLE MATERIALS
I':I:::G;t:li"ilil°ND rll:'F'I...:I:CAT':I:i7N BE PLACED ON HOLD UNTIL DEFINITE RESPONSE ON TYPE Of:*
MATE::Fia:r'i L TO BE USED; ADDITIONAL COMMENTS PENDING
3-28-86 LE TTER TO CORPS STATING OUR 401 JURISDICTION WILL ONLY GO T O 3 MILE
LIMIT; CALLED CORPS AND EXPRESSED OUR CONCERN RE. TYPE OF MATERI Al
COPIES: #.1.JA RO••••t::1:::i••!T'RAI.......M:1:I._I...t:
RE IN/ 7D
NYATER
OPERATIONS BRAN t I
RECEIVED
MAR 0 3 1986
WATB QUALITY SECTION
OPERATIONS BRANCH .
NKDATA :_ :,. DF/CAMA/40i REV DATE 02/28/86
ACTION> .IN FILE > DFCAMA401 PSWD > FORMAT > NRDFCAMA NEXT RCD > 0001
NRT70 ENTERED THIS DATA, RECORD IS NO 000ii FRD DATA
PROJO 0001i F'ROJ: HYDE CO COMMISIONERS COUNTY: HYDE REGION: 07
ASSIGNED TO WJM tA)j7l--- JOINT NOTICE: N
TYPE CERTIFICATION RECOMMENDATION DATES YYMMDD
404 PN : Y 401 REQ : ISSUE: RECEIVED: 86004
CAMA ONLY: GC: DENY: INITIAL REPORT: Q60228
DF/CAMA : GC: HOLD: Y FINAL REPORT:
RECEIVING STREAM: ATLANTIC OCEAN! CLASS: SB BASIL: PAS
COMMENTS:
2 PROPOSED ARTIFICIAL FISHING REEFS LOCATED 6-8 MILES OFFSHORE; SOUTH OI:°
OCRACOKE ISLAND
DIMENSIONS EACH REEF ( 0OF•"T LONG X 40FT WIDE)
MATERIAL TO BE USED; RAILROAD BOX CARS OR OTHER SUITABLE MATERIALS
RECOMMEND APPLICATION BE PLACED ON HOLD UNT:I:L. DEFINITE RESPONSE:: ON TYPE:: O
MATERIALS TO BE USED, ADDITIONAL COMMENTS PENDING
COPIES: WARD-CENTRAL-MILLS (REFERRED TO J . J .
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 19, 1985
SUBJECT: File No. SAWC086-N-048-0078
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
R
E C, E ID
IN C.,
r'
L :r ?, 0
1QC7:)
Enclosed is the application of Hyde County, represented by
Mr. Alton Ballance, for a Department of the Army permit and a
State Water Quality Certification to place fill material in the
Atlantic Ocean to establish an artificial fishing reef near
Ocracoke Inlet, Hyde 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 February 17, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
har s W. H lis
hie , Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
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
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
y
Office, Board of CommLseoners
Michael T. Swindell, Currituck
J. B. Berry, Fairfield
s' J. B. Cahoon, Lake Landing
Alton M. Ballance, Ocracoke
Hal G. Swindell, Swan Quarter
COUNTY OF HYDE
SWAN QUARTER, NORTH CAROLINA 27885
Emily C. ,,?.,.o Finance Officer
Clifford S?wind?Tf, Ay1x
'± 2 Douglas A. Gibbs.#1ss't ,County agar
September 23, 1985
Mr. Charles Hollis
Permits Officer
U.S. Army Corps of Engineers
Wilmington District
Wilmington, N.C. 28401
Dear Mr. Hollis,l
At our regular.commissioners' meeting on August 5, 1985 we expressed
the desire to establish an artificial fishing reef in the Atlantic
Ocean near Ocracoke Inlet. We also authorized our county manager to
submit all the necessary applications toward obtaining the approval
of these sites. It is my understanding,.howevar, that the following
information pertaining to the site (location and present usage) will
suffice.
In conjunction with the Ocracoke Artificial Feef Committee, we would
like to request approval of the following sites:
Site 1 - Latitude 340 57'
Longitude 750 55
(See attached chart)
Site 2 - Latitude 340 55.5' -
Longitude 750 58
We have checked both sites with. local commercial fishermen who are
familiar with the area, and they see no conflict with the locations.
In conversations with Mr. Jim Brown of the N.C. Marine Fisheries, it
appears that material for the reef will be either boxcars or a ship.
If the sites are approved we feel that we have a good chance of acquiring
this material and establishing the site.
Since there is currently no artificial reef off. Ocracoke (ocean or sound),
the benefit to our sport fishing industry would be tremendous.
If I can provide any further assistance please contact me.
cc: Mr. Cliff Swindell
Mr. Jim Brown
SincerelWC! Alton M. Bllance,
Hyde County Board of
Commissioners
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
December 19, 1985
in ncrLi ntrcn iu
Regulatory Branch
SUBJECT: File No. SAWC086-N-048-0078
Mr. Alton M. Ballance
Hyde County Commissioners
Swan Quarter, North Carolina 27885
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Dear Mr. Ballance:
( "' n r
on January 27, 1981, we issued general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application, on behalf of the Hyde County
Commissioners, received December 13, 1985, for a Department of the
Army permit to place fill material in the Atlantic Ocean to
establish an artificial fishing reef, southeast of Ocracoke Inlet,
Hyde County, North Carolina, indicates it to be a candidate for
Federal authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-048-0078 and will be coordinated by
Mr. Hugh Heine, telephone [phone]. He is available to
address questions or comments you may have.

Enclosure

-2-
Copies Furnished (without enclosure):
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
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
p DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
PUBLIC NOTICE
SAWC086-N-048-0078 February 6, 1986
HYDE COUNTY, Swanquarter, North Carolina 27885, represented by
MR. ALTON M. BALLANCE AND THE HYDE COUNTY BOARD OF COMMISSIONERS, has applied
for a Department of the Army permit TO PLACE FILL MATERIAL IN WATERS OF THE
ATLANTIC OCEAN TO ESTABLISH TWO ARTIFICIAL FISHING REEFS SOUTH OF OCRACOKE
ISLAND, Hyde County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the proposed
construction of two artificial fishing reefs located from 6 to 8 miles
offshore. Both reefs are to be approximately 200 feet long, 40 feet wide, and
63 feet above the ocean substrate. The reefs are to have a minimum mean low
water (MLW) vertical clearance of 15 feet. The water depths at the sites
range between 78 and 84 feet. The reefs are to be constructed with either
railroad boxcars or other available, suitable reef material. One reef is to
be located at latitude 34°57' and longitude 75°55'. The second reef is to be
located at latitude 34°55.5' and longitude 75°58'. Both reefs are to be
marked in accordance with U.S. Coast Guard regulations. The purpose of this
work is to provide artificial fishing reef structures to enhance sport and
commercial fishing. 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) and Section 4(e) of the Outer Continental
Shelf Lands Act of 1953 (43 U.S.C. 1333(e)). 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.
I
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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
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
March 18, 1986.

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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 March 12, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
March 10, 1986, or telephone [phone].
L. Warren
Lieutenant Colonel,
Corps of Engineers
Deputy District Engineer
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