19870075 Ver 1_COMPLETE FILE_19870619

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 19, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-028-0198
Mr. Jack Cahoon
Dare County Manager
County of Dare
Post Office Drawer 1000
Manteo, North Carolina 27954
Dear Mr. Cahoon:
Reference your application of January 16, 1987, for a
Department of the Army permit to place fill material in wetlands
adjacent to Currituck Sound to facilitate construction of a water
tank in Duck, Dare County, North Carolina. Also, reference
revised plans, submitted by Black and Veatch letter of May 28,
1987, which reduced the area of wetlands proposed to be filled.
The U.S. Environmental Protection Agency, the National Marine
Fisheries Service, and the U.S. Fish and Wildlife Service have
considered your original and revised plans and submitted comments
(letters enclosed). These agencies unanimously oppose the loss of
the highly productive vegetated wetlands in support of a structure
and activity not dependent upon being located in wetlands. We
recognize the public interest benefits to be derived from
construction of the water tower, but this does not negate the fact
that selection of an available high ground site would result in
significantly less environmental damage. Our regulatory
guidelines require that when a facility's purpose is not dependent
upon being located in wetlands, and when less damaging
alternatives are available, favorable consideration should not be
given to issuance of Department of the Army authorization.
Therefore, your application is hereby denied.
This denial of Federal authorization does not preclude
your continuing to seek an appropriate construction site; and
Ms. Alison Arnold of my staff, telephone [phone], remains
available to answer regulatory questions and provide assistance.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Enclosures
-2-

Copies Furnished (without enclosures):
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. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. David A. Todd
Black and Veatch
Post Office Box 728
Asheboro, North Carolina 27204-0728
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
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET
ATLANTA,, GEORGIA 30365
JUN 15 ISS7 R E C E I V E D
4W4D-MEB/LP JUN 2 2 1987
Colonel Paul W. Woodbury WATER QUALITY SECTION
District Engineer OPERATIONS BRANCH
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Ms. Alison Arnold
SUBJECT: Dare County
(Public Notice No. 87-N-028-0198)
Dear Colonel Woodbury:
This is in response to the subject public notice proposing to place fill
material in wetlands contiguous with Currituck Sound in Duck, Currituck
County, North Carolina. The purpose of the project is to construct a water
tank.
We hve recently received a proposed modification to the project reducing the
amount of fill in wetlands by approximately 25 percent.
Based on the high quality wetlands that would be eliminated by the project,
we continue to recommend that the permit application be denied.
Sincerely yours,
4-4
E.T. Heinen, Chief
Marine and Estuarine Branch
Water Management Division
cc: See enclosed
cc: Mike Gantt, Field Sup.e"rvisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management

Preston Pate, Chief ,
Field Supervisor
NC Office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC Office of Coastal Management
Randy Cheek, Area Supervisor ,
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
March 18, 1987
Mr. Jack W. Cahoon
County of Dare
P.O. Drawer,1000
Manteo, NC 27954
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Elevated Water Tank
County of Dare
Currituck Sound
Dare County
Dear Mr. Cahoon:
Attached hereto are two (2) copies of Certification No. 2044
issued to County of Dare dated March 18, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
O?igit;wl Signed
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 2768'!, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer _
NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to County of Dare pursuant to
an application filed on the 6th day of February, 1987 to construct a
water tank at Duck in Dare County.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Currituck
sound in conjunction with the proposed water tank construction in Dare
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition (s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall beccme null and void unless the above
condition is made a condition of the Federal Permit.
This the 18th day of March, 1987.
DIVISION OF
Original Signed By
William C. Mills
For
R. Paul Wilms, Director
y
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
March 18, 1987
Mr. Jack W. Cahoon
County of Dare
P.O. Drawer 1000
Manteo, NC 27954
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Elevated Water Tank
County of Dare
Currituck Sound
Dare County
Dear Mr. Cahoon:
Attached hereto are two (2) copies of Certification No. 2044
issued to County of Dare dated March 18, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
pollution Prevention Pays
PQ Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r
Ar .• ..-,
f
NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to County of Dare pursuant to
an application filed on the 6th day of February, 1987 to construct a
water tank at Duck in Dare County.
Zhe Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Currituck
Sound in conjunction with the proposed water tank construction in Dare
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Zherefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 18th day of March, 1987.
DIVISION OF ENVIRODIloPI'AL MANAGENlEr]T
Original Signed By
William C. Mills
for
R. Paul Wilms, Director

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PROPOSAL TO FILL AREA 70 X 14d OF 404 WETLANDS
c.- -1: F:ROjECT TO PROVID1 AREA TO CONSTRUCT NEW WATER TOWEI:

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4WMo-MEB/LP
REGION IV
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. Hugh Heine
SUBJECT: Dare County
(Public Notice No. 87-N-028-0198)
Dear Colonel Woodbury:

j?jAR 4 1987
Div. of Environmental NIKt.
Raleigh, 1?- C.
This is in response to the subject public notice concerning a proposal to
place fill material in wetlands adjacent to Currituck Sound in the Town of
Duck, Dare County, North Carolina. As a result of this activity, approximately
3,630 cu. yds. of fill material will be placed in a 140-foot-long by 70-foot-wide
wooded wetland immediately adjacent to Currituck Sound. The purpose of the.
proposed work is to provide a fill pad for the construction of a one million
gallon capacity elevated water tank. The area at the base of the tank may be
used for dispatching emergency medical service vehicles and for storage.
Floristic wetland species noted at the proposed project site include black
gun (Nyssa sylvatica) and red maple (Ater rubriml).
Wooded wetlands perform valuable functions within the aquatic system including:
fish and wildlife values, water quality services, detrital export and stormwater
retention capabilities.
It is clear that the proposed project is not water dependent and will eliminate
a valuable aquatic resource. In addition, it will result in unacceptable
adverse environmental impacts. Consequently, it is our opinion that the
proposed project is contrary to the Section 404 Guidelines and should be denied.
Sincerely yours,
E.T. Heinen, Chief
Marine and Estuarine Branch
Water Management Division
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
cc: See enclosed
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,
c?. Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
fR. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
16
10
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL ..
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
Is ) WILMINGTON, NORTH CAROLINA 28402.1890
February 5, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-028-0198
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:
Enclosed is the application of Dare County, represented by
Black and Veatch, Incorporated, for a Department of the Army
permit and a State Water Quality Certification to place fill
material in wetlands adjacent to Currituck Sound to facilitate
construction of an elevated water tank in Duck, Dare 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 April 2, 1987, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
RATA!
har 4W.Ho is
Chief, 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. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
i
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Le o a7- N-oaB-o iQ
AMWATM
FOR
'Am 11L)AMM
PERMIT TO EXCAVATE AND/Olt FILL
987
Oeee comime 44 AMiMWraWw stay N mma Carty" Detievweiit of Vie Anwp
b? Oitotiat
(6f 144121 Decoct 411a aRenuiom aw/ t.t?m 1munift •tl 0aretNm" CM" f 209.320-3291
Floats typo or print and fill in ail blanks. If Mfa rmation is not applinble, to irsdicate by placing NIA in blanlt.
Applicant Inforrwation County of Dare.
A. Nam -
Last First Middle
L Address P. 0. Drawer 1000
Street, P O. Box nr Route
Manteo North Carolina 97951, 49191 47-1_11n1
Cjty ar Town State Zip Code Phone
IL Loudon *(Proposed Protect.
A. Cmnty Dare
a?P
L 1. City, town, community or landmark. Deck Vi 11
2. Is proposed work within c,tv lirm4s0 Yes. No
C. Cro*, river. Sound or bay upon which protect is located or neatest named body of water to project
Currituck Sound
IIL Ooecription of Proiett
A. 1. Maintenance of existing project N/A 2. Nsw work Construction of .1 va d Tan
L Puniose of excavation or fill
1. Access channel N/A length-width depth
2. But basin NSA length. width ?depth
3. Fill area Foundation suDDOrtlength 1?20, ftiwidth-Q„11-depth A ft
4. Other N/A length _width_ death
C I . Bulkhead length N/A Average distance waterward of MHW (snerennei N/A
2. Type of bulkhead construction (niatertail N/A
M Excavated material (lout for oroject)
1. Cubic yards N/A 2. Type of material N/A
E. Fill material to be oloced below MHW (set also V1 A)
1. Cubic yards NSA 2. Type of material N/A
1V. Land Type, Oius" Area, and Construction Equipment
A. Oon the uea to be excavated include any n*arshiand, swamps or other wetland) Yes N/A No
B. Does the disposal area include anv marsnland. swamps or other .Portland' Yes X No
C. Disposal Area N/A
1. Location
2, Do you claim title to disoosal area!
0. Fill material ywrce of tilt is to be trucsed in T.nral Gand nit
L Now will excavated material be entraOped and erounn tontrritledl N/A
F. Type of equipment as. he uwd DumD truck, backhoe, roller
Q Will marshland he crnswd in transporting equipment to protect sites It yes, eaplain Yes _ Fill work..
includes a 12 foot access drive
tNI-81
Illicit. I"
V. hmmobw UM of Preniret Anse (fit)
A. L Ants N A
1 ?? N A
1 Hauling Cantu na" of lend M&M N/A
L? Site for Municipal Elevated Storage Tank
a 1. Lot tin(s) .
Z Elwatiat d gods) abero man Mo mats 2 feet
L Sol typo aid tnum
d. T"mof buiidWl fwaitnt or suuc:ues a fluted column elevated tank, including storage
space
i Swap disteos it and/or waste racer WsatrnMt A. Exisarl N/A Manta/ N/A
IL Qesvibs N/A
i. Land tlawricatinn (circle brit) OEVEL01"0 TRANi, rtUh k:. COehtUNfrY RURAL
C711+SER JATIVN OTMER .? (See CAIMA Local Lard UM Plan Syn""W
VL hru hunt) to Fin MW Water Quality
A. Can the oroeoted ornslect :nvalvv tots placement of fill rwawriaM heknw --tears halt water? Yec-Nis X?
L 1. Will arty runoff or ancitarde enter adtacem waters as a result of oraeet actwity or planned user of the
Ma telletrirts protect :ornoietlatt) Yes-.Me
2. Type of diwhar'e N/A
S, Laumn at dismusle N/A
VII. PNOM raw of two ine awmw l if bawd: Unknown
VIII. LIM Oettttit nwnbes and issue dates of OMign Oeoartment of Army C"" of ErtWMM er State Perm" for
. %Wk M 0 istt &M, I( WWk3ble: /A
13L Latttph r/ sow retlun d to comoku praiest: 8 months
X M addWka to this CM- olsted arolieaden kem the fella- liq items own be orwiitd1.
A. An&* a copy of the do W (wM Sul& apWication oMvl w ott+e utwuntent under whWA sooltcawt
dak t title to the affected oraowty. OR d applicant k not dam"ng to be the ow~ of wW property.
than forward a coot/ of the deed or others h"awnent under which dw o.ner claiuft tide ohm written
OWM4eion from the owner to carry out the areiect on his land.
L Attach an accurate wort oiat drawn to scale on 4% X 11" white paver two inuructson booklet for
details). Note: Oripn nos preferred - only h.Ch Quality copre+.cceoted.
C. A coot' of the aoolncatson and alai must tse served ution adiacant noarsan landowners bn teystered of
certified mad in by oualication (G.S. 113.229 (d))Ertter date served
0. List names And comolete addresses of the moans" landowners with oroeerty adjoining applicant's.
Such owom have 30 davi on which to subnnt con"nents to avenues listed Wn-.
XL Calificatiae Mau'" if 1 : 1 citify that to the best of my knowdedo, the orooosed activity t:omprip
with the State of North C."alrnabs aooroved co"" rmariaeernent program and will be conducted ?n a
Manner consistent with such program.
XIL Any oetmit tisued pursuant to this aooitcationt will allow only itte develooment dewibed in this atigh
Cation and olat. Aoolicants should therefore describe in the aoolication and plat all anticipated devel.
opiwent activities, including construction, excavation, filling, and la ant
DARE 0
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DEPARTMENT OF THE ARMY
i.l 1ngton District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-028-0198
PUBLIC NOTICE
February 12, 1987
THE COUNTY OF DARE, Post Office Drawer 1000, Manteo, North Carolina
27954, represented by BLACK AND VEATCH, INCORPORATED, Consulting Engineers,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN A
WETLAND AREA ADJACENT TO CURRITUCK SOUND TO FACILITATE CONSTRUCTION OF A WATER
TANK, IN DUCK, Dare County, North Carolina.
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 the proposed placement of approximately 3,630 cubic yards of
fill material in a 140-foot-long, 70-foot-wide wetland area immediately
adjacent to Currituck Sound. The area exhibits saturated soils and is
vegetated with black gum, red maple and bay. A one million gallon capacity,
elevated water tank is proposed to be constructed upon the fill. The area at
the base of the tank may be used for dispatching emergency medical service
vehicles and for storage. The area proposed to be filled is one of more than
eighty parcels examined by the county. For more than 7 months, three County
employees and four real estate companies have sought an acceptable location
for construction of the tower. The county has determined that the site is the
only practical location. The purpose of the work is to provide for water
storage for 1,000 permanent and 15,000 seasonal residents. Plans showing the
work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
-2-
d. The issuance of an easement to fill
submerged land under North Carolina General
and 146-12 by the North Carolina Department
Carolina Council of State.
or otherwise occupy State-owned
Statute 143-341(4), 146-6, 146=11,
of Administration and the North
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
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
N
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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 Unit-ed 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 17, 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 March 11, 1987, 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 9, 1987, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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