19870338 Ver 1_COMPLETE FILE_19870731

y ,?swrv
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 July 31, 1987 Director
Mr. William Hegge, Refuge Manager
Mackay Island National Wildlife Refuge
P.O. Box 31, Route 615
Knotts Island, NC 27950
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Sheet Pile Weir
Mackay Island National Wildlife Refuge
Tributary to North Landing River
Currituck County
Dear Mr. Hegge:
Attached hereto are two (2) copies of Certification No. 2125
issued to Mackay Island National Wildlife Refuge dated July 31, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Cri nal 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
P.O. Box 27687, Mei.g^h, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Currituck 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 Mackay Island National
Wildlife Refuge pursuant to an application filed on the 7th day of July,
1987 to replace an existing weir with a sheet pile water control
structure.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to North Landing River in conjunction with the proposed structure in
Currituck 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).
2. That any fill material palced in waters or wetlands
be from an upland source and free of any toxic
substances.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 31st day of July, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed fly
William C. &,ills
For
R. Paul Wilms, Director
WQC# 2125

..a SUrF o
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 July 31, 1987 Director
Mr. William Hegge, Refuge Manager
Mackay Island National Wildlife Refuge
P.O. Box 31, Route 615
Knotts Island, NC 27950
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Sheet Pile Weir
Mackay Island National Wildlife Refuge
Tributary to North Landing River
Currituck County
Dear Mr. Hegge:
Attached hereto are two (2) copies of Certification No. 2125
issued to Mackay Island National Wildlife Refuge dated July 31, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Origirlai 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
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
'a
NORTH CAROLINA
Currituck 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 Mackay Island National
Wildlife Refuge pursuant to an application filed on the 7th day of July,
1987 to replace an existing weir with a sheet pile water control
structure.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to North Landing River in conjunction with the proposed structure in
Currituck 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).
2. That any fill material palced in waters or wetlands
be from an inland source and free of any toxic
substances.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 31st day of July, 1987.
DIVISION OF ENVIROTAL 1qMGE=
Origir+al Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2125
I<Dr°.'i n

DF?, f:;At1Ai40i REV VWLi UALM J Arr..?

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'11C37
ACTION > ADD FI LE > DI CAMA4i)1 PSWD > 1:701-':MAT > t?lR??tC:D > !)0 'fa6
>
ACTION - ADD, ENTER DATA. REC. ADDED IS 00264 FRD DATA
1-'FiC1,.iO: 00265 i'R OJ : I• AC. V ISLAND i`WI',: C;C?iJN-T.Y C:I.JRR I:T UC K REGION: 0''

T'YP CERTIFICATION RECOMMENDATION DATES YYMMDD
404 PN : 401 RED: ISSUE: Y RECEIVED: 8707 23
C:AMA ONLY: GC:: BULKHEADS DENY: INITIAL REPORT:
DF°i LAMA : GC:: HOLD: FINAL REPORT: 870727
RECEIVING STREAM: UT-NORTH LANDIN G RIV CLASS: SC BASIN: PAS
COMMENTS:
S.I.TF.. LOCATED AT t'ACKAY ISLAND 'NAT .WILDLIFE REFUGE
PROPOSAL TO RF:.P`lC ll+AT'1= AND F::XIS7:I:NG STRUCTURE WITH A 1 5 1=T WOODEN BULKHEAD
COPIES: WARD-CENTRAL-MILLS
i
7'
I Ilia;, _.
W REPLY REFER TO
Regulatory Branch
SUBJECT: Nationwide Permit No. 26
Mr. William ti. Hegge
Rfuge Manager
Mackay Island National Wildlife Refuge
Post Office Box 31
Knotts Island, North Carolina 27950
Dear Mr. Hegge:
WATER QUALITY SECTION
OPERATIONS BRANCH
Thank you for your inquiry of May 28, 1987, regarding your
plans to replace a weir at the mouth of Woods Pond, adjacent to
the North Landing River, on Mackay Island National Wildlife
Refuge, Knotts Island, North Carolina.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for the repair,
rehabilitation, or replacement of any previously authorized,
currently serviceable structure or fill; or of any currently
serviceable structure or fill constructed prior to the requirement
for authorization, provided such work does not result in a
deviation from the plans or use of the original structure or fill.
For this nationwide permit to be valid, you must comply with
the following conditions:
Any discharge of dredged or fill material will not occur in
the proximity of a public water supply.
Any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is
directly related to a shellfish harvesting activity authorized by
nationwide permit, 33 CFR 330.5(a)(4).
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
R E C E I V E D
WILMINGTON, NORTH CAROLINA 28402-1890
June 9, 1987 JUN 15 1987
-2-

The activity will not jeopardize a threatened or endangered
species as identified under the Endangered Species Act, or destroy
or adversely modify the cultural habitat of such species.
The activity will not significantly disrupt the movement of
those species of aquatic life indigenous to the waterbody (unless
the primary purpose of the fill is to impound water).
Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
Any structure or fill will be properly maintained.
The activity will not cause an unacceptable interference with
navigation.
If the activity may adversely affect historic properties which
the National Park Service has listed on, or determined eligible
for listing on, the National Register of Historic Places, or if
significant historic properties are encountered before or during
work, the permittee will notify the District Engineer.
The construction or operation of the activity will not impair
reserved tribal rights, including, but not limited to, reserved
water rights and treaty fishing and hunting rights.
An individual State water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
permit.
The following management practices will be followed to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict or impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters (unless the primary purpose of the fill is to impound
water).
-3-
(4) If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
(5) Discharge in wetland areas will be avoided.
mats.
(6) Heavy equipment working in wetlands will be placed on
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
If you have questions, please contact Alison Arnold,
Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. John Parker Mr. George Wood
North Carolina Department of Elizabeth City Regional Office
Natural Resources and North Caro lina Division of
Community Development Coastal Manag ement
Post Office Box 27687 108 South Water Street
Raleigh, North Carolina 27611-7687 Elizabeth City, North Carolina 27909
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
. r
It O APPLICATION
FOR " E D
PERMIT TO EXCAVATE ANA/OR FILL ihlATER QUALITY CERTIFIrC? ` 7 1987
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJORN ?Y*4TSE?r
rroIVS 101,
Department of Administration State of North Carolina Department of the?A .Wch
(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.
Applicant Information MACKAY ISLAND NATIONAL WILDLIFE REFUGE, ATTN: WILLIAM HEGGE, REFUGE MGR.
A. Name
Last First Middle
B. Address P.O. BOX 31, STATE ROUTE 615
Street, P. 0. Box or Route
KNOTTS ISLAND, NC 27950 919-429-3100
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County CURRITUCK
B. 1. City, town, community or landmark KNOTTS ISLAND, NC
2. Is proposed work within city limits? Yes No _XX_
C. Creek, river, sound or bay upon which project, is located or nearest named body of water to project
BACK CREEK/MINGERS CREEK (SEE MAP)
III. Description of Project
A. 1. Maintenance of existing project XX 2. New work XX (REPLACES DETERIORATED WEIR)
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other WILDLIFE MGMT/WATER MClth 15 FT. width N/A depth 4 FT.
C. 1. Bulkhead length 15 FT. (AAveraNdistance waterward of MHW (shoreline) NON-TIDAL (LUNAR) AREA
2. Type of bulkhead construction (material) TONGUE.-IN-GROOVE SHEET PTLTNC, 14TTH 4' X6" PnST4
D. Excavated material (total for project)
1. Cubic yards NONE 2. Type of material - N/A
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards NONE 2. Type of material ONLY SHEET PTT ZL;r-'
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No N/A
B. Does the disposal area include any marshland, swamps or other wetland? Yes No N/A
C. Disposal Area
1. Location N/A
2. D?lB?nsposal area?_ THE. FT9H ANT) TJTT,T)T,TFF. CRRVTrR r1,g TILT E Tn Tun
UPE ES. D. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion controlled? N/A
F. Type of equipment to be used JFT PTIMP
G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO, N/A
D& F-131
f
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other MANAGE WATER LEVEL INSIDE WOODS POND TO PROVIDE BROOD HABITAT FOR NESTING
WATERFOWL WOOD DUCKS AND PROVIDE FOOD FOR WINTERING MIGRATORY BIRDS.
B. 1. Lot size(s)N/A
2. Elevation of lot(s) above mean high water N/A
3. Soil type and texture N/A
4. Type of building facilities or structures N/A
S. Sewage disposal and/or waste water treatment A. Existing N/A Planned N/A
B. Describe
6. (Land Classifieation'(eirele one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAh1A 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 XX 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 XX
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known): NOT 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: N/A COPY OF RECENT AUTHORIZATION ATTACHED
IX. Length of time required to complete project: 6 MONTHS CONTIGENT UPON ENVIRONMENTAL CONSTRAINTS
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of tI'L (with State a'piication only) or other instrument under which applicant
claims title to the affected p iZ if applicant is not claiming to be the owner of said property,
then forward a copy of the de or other ins tmeunder which the owner claims title plus written
/?drmission from the9wner to carry out the project on his land.
VB. 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 applicali and plat must be scrv pdn adjacent riparian landowners by registered or
certified mail or by publieat' 6?.__.l 7729-16)))E?teLAaLL5erved
D. List names and lete addresses of the ripars landowners with property adjoining applicant's.
Such owners have 30 days in hicb is sclbmit 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.
1
DATE
Applicant' nat re
ti

36°32'30
PROPOSED
36-3000,
COMPILED IN THE DIVISION OF REALTY 75'57'30"
FROM SURVEYS BY U. S.O. S. AND U. S.F Q,W.S.
? O 2000 4000 6000 8000 FEET
NEWTON CORNER, MASSACHUSETTS FEBRUARY 1985 O 5 1 15 2 KILOMETERS
POSTED: --
30"
100..
75°55'00"
. MEAN
OEC LINATION
S' 1971
Z
511 VA. N.C. 550
IIACKAY ISLAND NATIONAL WILDLIFE REFUGE
UNITED STATES NORTH CAROLINA 1 VIRGINIA UNITED STATES
DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE
75`57'30" 75`55'00"
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
June 9, 1987
SUBJECT: Nationwide Permit No. 26
Mr. William H. Hegge
Rfuge Manager
Mackay Island National Wildlife Refuge
Post Office Box 31
Knotts Island, North Carolina 27950
Dear Mr. Hegge:
r?, f Ll ?
JUN F 21 1987
MAC1; AY 1SLANU N4WR, .
Thank you for your inquiry of May 28, 1987, regarding your
plans to replace a weir at the mouth of Woods Pond, adjacent to
the North Landing River, on Mackay Island National Wildlife
Refuge, Knotts Island, North Carolina.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for the repair,
rehabilitation, or replacement of any previously authorized,
currently serviceable structure or fill; or of any currently
serviceable structure or fill constructed prior to the requirement
for authorization, provided such work does not result in a
deviation from the plans or use of the original structure or fill.
For this nationwide permit to be valid, you must comply with
the following conditions:
Any discharge of dredged or fill material will not occur in
the proximity of a public water supply.
Any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is
directly related to a shellfish harvesting activity authorized by
nationwide permit, 33 CFR 330.5(a)(4).
i
-2-
The activity will not jeopardize a threatened or endangered
species as identified under the Endangered Species Act, or destroy
or adversely modify the cultural habitat of such species.
The activity will not significantly disrupt the movement of
those species of aquatic life indigenous to the waterbody (unless
the primary purpose of the fill is to impound water).
Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
Any structure or fill will be properly maintained.
The activity will not cause an unacceptable interference with
navigation.
If the activity may adversely affect historic properties which
the National Park Service has listed on, or determined eligible
for listing on, the National Register of Historic Places, or if
significant historic properties are encountered before or during
work, the permittee will notify the District Engineer.
The construction or operation of the activity will not impair
reserved tribal rights, including, but not limited to, reserved
water rights and treaty fishing and hunting rights.
An individual State water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
permit.
The following management practices will be followed to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict or impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters (unless the primary purpose of the fill is to impound
water).

-3-
(4) If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
(5) Discharge in wetland areas will be avoided.
mats.
(6) Heavy equipment working in wetlands will be placed on
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State,or
local approval.
If you have questions, please contact Alison Arnold,
Regulatory Branch, telephone [phone].
Sincerely,
IW. Hol ' s
egulatory Branch
Copies Furnished:
Mr. John Parker Mr. George Wood
North Carolina Department of Elizabeth City Regional Office
Natural Resources and North Carolina Division of
Community Development Coastal Management
Post Office Box 27687 108 South Water Street
Raleigh, North Carolina 27611-7687 Elizabeth City, North Carolina 27909
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
/ - 73? - 083