19870107 Ver 1_COMPLETE FILE_19871015

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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
October 15, 1987
Mr. Gilfredo Gonzalez
1512 Basewood Drive
Raleigh, NC 27609
Subject: Certification Pursuant to Section
401 of the Fiederal Clean Water Act,
*-,rx,cPd Fill of Pond
G3.11Ledc. - :azalez
Tributary to Bradley Creek
New Hanover County
Dear Mr. Gonzalez:
Attached hereto are *wn (2) copies of Certificate _..,. 2163
issuc- to 747- 1987
If we can be of further assistance, do r _ hesitate to contact us.
sincerely yours,
. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Eaual Omortunity Affirmative Action EmDloSw

NORTH CAROLINA
New Hanover 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 Gilfredo Gonzalez pursuant
to an application filed on the 17th day of July, 1987 to fill a pond in
to eliminate a safety hazard.
The Application provides adequate assurance that the discharge of
fill material into o-a wetlands area adjacent to the waters of a tributary
to Bradley Creek in conjunction with the proposed filling of the pond in.
New Hanover 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
in any portion of Bradley Creek (increases such
that the turbidity in the Stream is 25 NTU's or
less are not considered significant).
2. That the fill used shall be from an upland source
and free of any toxic materials.
3. That prior to filling the culvert should be blocked
and that the pond should be drained with the use of
a pump. The pond should be drained as often as
necessary (at least daily) to prevent any overflow
fran the pond area..
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall became null and void unless the above
conditions are made conditions of the Federal Permit.
This the 15th day of October, 1987.
DIVISION OF ENVIRONMENTAL NANAGEMENT
+_C Paul Wilms, Director
.WQC# 2163
i
DIVISION OIRONMENTAL MANAGEMENT
MEMORANDUM RE C F ! VF
DATE: October 1, 1987 OC Q '(W 'r -7
TO: Bill Mills
Operations Branch WA? :?,?'?p;)
FROM: David H. Cotton
Wilmington Regional Office
THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office `
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Gilfredo A. Gonzalez
New Hanover County
The applicant is proposing to fill approximately a 0.6 acre pond.
The filling is proposed in order to eliminate a safety hazard
created by the pond's location relative to a residential area.
The project has been reviewed to determine impacts to water
quality. The project will require a 401 Water Quality
Certification which should contain the following conditions:
1. That the fill used should be from an upland source free from
any toxic material.
2. That prior to filling the culvert should be blocked and that
the pond should be drained with the use of a pump. The pond
should be drained as often as needed, at least daily, to
prevent any overflow from the pond area.
3. That the filling of the pond not cause the turbidity in any
portion of Bradley Creek to increase above 25 NTUs.
This office has no objection to the project as proposed.
DHC:kc
cc: DCM
CF, WiRO
i

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-065-0464
R E C E?V ED
JUL 2 71987
WATER QUALITY SECTION
OPERATIONS BRANCH
July 23, 1987
PUBLIC NOTICE
MR. GILFREDO A. GONZALEZ, 1512 Basewood Drive, Raleigh, North
Carolina 27609, has applied for a Department of the Army permit
TO PLACE FILL MATERIAL IN A POND OFF BRADLEY CREEK, WILMINGTON,
New Hanover 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
aubmitted with the application show the proposed placement of
approximately 2,500 cubic yards of fill material in a
280-foot-long, 95-foot-wide pond which is connected to Bradley
Creek by a culvert. Approximately 100 square feet of black
needlerush marsh exists along the shoreline of the pond. All fill
material is to be trucked to the site from a highground borrow
area. The purpose of the work is to eliminate a safety hazard
created by the pond's location relative to a residential
development. 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.
RECEIVED
JUL 3 0 1987
Wilmington Regional Offic-'
-2-
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.
d. The issuance of an easement to fill or otherwise occupy
State-owned submerged land under North Carolina General Statute
143-341(4), 146-6, 146-11, and 146-12 by the North Carolina
Department of Administration and the North Carolina Council of
State.
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

-3-
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 tc
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, kood 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

-4-
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 September 1, 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 August 26, 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., August 24, 1987, or telephone (919)
343-4725.

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APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wllmintton,01strict
(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 to 1
r '
1. Applicant Information
A. Name ?. GT%L?.2? .C7!] i"t .
Last First Middle.
B. Address zzele-c -
Street, P. O. Box or Route
//- 2,74o y
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County yr? ///?.yyr?y2
B. 1. City, town, community or landmark /?JC>?G'? '?U>??
2. Is proposed work within city limits? Yes No `-'
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 ?L
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area /? length z A/2" width '5;?' depth 4Z
4. Other length width - depth
C. I. Bulkhead length Average distance waterward of MHW (shoreline)
2. type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Dill material to be placed below MHW (sec also V1. A)
1. Cubic yards 1 2 ??? L w• 2. Type of material .AND G'L. i? %lj'?L /°?/.r it/y !?/fj/2/5
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Dues the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
0. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled?
I . I ypc of equipment to be used
G. Will marshland be crossed in transporting equipment to project site? If yes, explain /yo
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial H???/^!l? ??`%?G-`??i"?????'•
4. Other
B. I. Lot size(s)- i?liy/?Y?di..j /DOOM mss,. f7 .
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing 2IL Ar..5 E?NC Planned 0
B. Describe r??vN? ¢ of P,?1?,?,ts>a/n To ?6ret%c mid-Dis?.sio:? Zd75
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION 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 No
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-
No-2. Type of discharge

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: /V
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.
3. Attach an accurate work plat drawn to scale on 8% 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 _
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.
_?evw%3?ioy4? TIC ?, fn+rtt?/ l?Wr.) (F) MAQY P T Q.SeW
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X1. Certification requirement: I certify that to the best of my knowledge, the proposrd,activity complies
with the State of North Carolina's approved coastal management program and wild 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 /??'?
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 17, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-065-0464
RECEIVED
J U L 17 1987
WATER QUALITY SECTION
OPERATIONS BRANCH
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 Mr. Gilfredo A. Gonzalez for a
Department of the Army permit and a State Water Quality
Certification to place fill material in a pond off Bradley Creek,
Wilmington, New Hanover 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 September 17, 1987, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Ctas W. H lis
Regulatory Branch
Enclosure
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APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
.a.
Department of Administration State of North Carolina Corps of Enfof the ngineersArmy
(GS 146.12) Department of Natural Resources and Community Development Corps of ; lNllminaton , 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 bhtt? 1,??
1. Applicant Information - /?
A. Name ss?i1?Zi?L?r GT%?.?? .C7U
Last First Middle
B. Address /?; z e/d16a_
Street, P. O. Box or Route
City or Town State Zip Code Phone
it. Location of Proposed Project:
A. County h//1?'!'ciOd?
B. 1. City, town, community or landmark
2. Is proposed work within city limits? Yes No
C. Crcck, river, sound or bay upon which project is located or nearest named body of water to project
III. Description of Project
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area P?NO length 2651 /?vidth y?• depth 4'!
4. Other length width depth
A d' t waterward of MHW (shoreline)
C. 1. Bulkhead length verage is ance
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards -_ 05i-2:59 C-Iy- 2. Type of material .4ND?C1?)?, %`i?'. ?L yi.C ?o 4,611215
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include 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
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled?
/.G 7?%0 05 - 6 7 4y %?
'pN? C?vr
z b e 7e
f 1 of c ui mcnt to be used
'/?,f7i?•2D
• 1 Pc q p -
G. Will marshland be crossed in transporting equipment to project site? If yes, explain /yo
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial IMZ;/ Ii4ro, 1?7E'y L?Pl?IG Ny.
4. Other
B. 1. Lot size(s) --- iit//?!/i:./ /f?ODO-its,! f? • ?a
2. Elevation of lot(s) above mean high water ?1?.??.y/U'(J LL'd?9J?O.c! i? !7U
3. Soil type and texture
4. Type of building facilities or structures ^
s
S. Sewage disposal and/or waste water treatment A. Existing z???-S S 1iN6' Planned -95
B. Describe fi7t.3/?ly of ??,?,4 lJ YO ,?i?,e?r? /c9-l7iy?sioi? .4-4y6
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION 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 No
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-No
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: /V
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% 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
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.
/+?c"611 ?.? fD.2iO?i2G ?,/ ? . .G ? r9G ? ? .L tr7/!i/ f?7?:2 ??!?/? /??irz G? 1jeG?s.ylil
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XI. Certification requirement: I certify that to the best of my knowledge, the proposP4.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
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
R E C E I V ED
JUL 2 7 W7
WATER QUALITY SECTION
OPERATIONS 8RANC>4
SAWC087-N-065-0464 July 23, 1987
PUBLIC NOTICE
MR. GILFREDO A. GONZALEZ, 1512 Basewood Drive, Raleigh, North
Carolina 27609, has applied for a Department of the Army permit
TO PLACE FILL MATERIAL IN A POND OFF BRADLEY CREEK, WILMINGTON,
New Hanover 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 2,500 cubic yards of fill material in a
280-foot-long, 95-foot-wide pond which is connected to Bradley
Creek by a culvert. Approximately 100 square feet of black
needlerush marsh exists along the shoreline of the pond. All fill
material is to be trucked to the site from a highground borrow
area. The purpose of the work is to eliminate a safety hazard
created by the pond's location relative to a residential
development. 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.

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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.
d. The issuance of an easement to fill or otherwise occupy
State-owned submerged land under North Carolina General Statute
143-341(4), 146-6, 146-11, and 146-12 by the North Carolina
Department of Administration and the North Carolina Council of
State.
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

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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 September 1, 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 August 26, 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., August 24, 1987, or telephone (919)
343-4725.
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