Ver _COMPLETE FILE_19880220

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 17, 1988
SUBJECT: File No. SAWC088-N-028-0136
Mr. Jack Kellogg
7910 Schuyler Court
Annandale, Virginia 22003
Dear Mr. Kellogg:
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By letter of May 4, 1988, the North Carolina Department of
Natural Resources and Community Development informed us that they
have determined your proposal to place fill material in
approximately 32,200 square feet of wetlands adjacent to Roanoke
Sound, Manteo, Dare County, North Carolina, to be inconsistent
with the North Carolina Coastal Management Program. Under the
administrative rules of our regulatory program, this action
precludes any further- favorable...°°consderatkon of a Fede'ral' permit.
Accordingly; your Department of the Army application is hereby
denied, and your file has been retired.
Additionally, as you are aware, we received unfavorable
comments from the National Marine Fisheries Service, the U.S. Fish
and Wildlife Service and the U.S. Environmental Protection Agency.
While you may appeal the State's determination, you should be
aware that Federal agency comments will be unchanged by the
outcome of any appeal. Because of the Federal agencies' influence
on Department of the Army permit decisions, it is unlikely a
Department of the Army permit would be available unless your
project can be modified to lessen its impacts.
Ms. Alison Arnold of my staff: is available to answer any
questions you may have or to assist you in developing a revised
plan. She may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
« 'h
-2-
Copies Furnished:
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
M5. 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
Ms. Beverly Etheridge, Chief
Wetlands Section....
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. William Mills
Water Quality Section
Division of Environmental Management
..North Carolina Department of
i Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

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A a 9,,//5
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management MAY 16 512 North Salisbury Street • Raleigh, North Carolina 27611 i-„
James G. Martin, Governor I0'c
S. Thomas Rhodes, Secretary May 4, 1988 Director
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
AVAz y,%
MAY I 1 1960
DIV. OF ENVIROMWENTAI. MAirAGEMENT
Raleigh, NC
The State has completed its review of Corps Public Notice
SAWCO88-N-028-0136 concerning a proposal by Mr. Jack G.
u 79-10-Schuyler Court, Annandale, VA 22003, to place
fill material in an approximate 32,200 square-foot area
adjacent to Roanoke Sound in Manteo, Dare County, North
Carolina. The purpose of the proposed fill is to provide high
ground for construction of a residential dwelling.
As discussed during the phone conversation between Mr.
Steve Benton of my staff and Mr. Cliff Winefordner of your
staff on 4/22/88, the state had received objections to the
proposed project from the North Carolina Wildlife Resources
Commission and North Carolina Division of Environmental
Management (DEM). Though no formal action had been taken by
DEM on issuance of the required 401 certification, it was our
understanding that it was being considered for denial on the
basis of an unfavorable field review. Subsequent to the
4/22/88 phone conversation, we received a written statement
from DEM that the project site was unsuitable for septic tank
installation. A septic tank at the site would very likely
function poorly and threaten contamination of adjacent surface
waters.
Therefore, we disagree with the applicant's certification
that the project proposal is consistent with the North
Carolina _Coastal Management -Program,- -Specifically, the
proposed work is inconsistent with Coastal Water Quality
Policies found in 15 NCAC 7M .0801 (a), (b), and (c).
A copy of this letter will be mailed to the applicant.
It will serve as our formal notice that we disagree with his
certification. It will also serve as our notice that our
position may be appealed to the Secretary, U.S. Department of
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Commerce, Washington, D.C. The appeal must be filed within 30
days of receipt of our letter and must specifically address
one of the following findings: that although the project
currently is inconsistent, it may be federally approved
because (1) the activity is consistent with the objectives or
purposes of the Federal Coastal Zone Management Act, or (2) is
necessary in the interest of national security. Mr. Steve
Benton, of the N.C. Division of Coastal Management in Raleigh
is available to discuss the appeal procedures and to provide
assistance if needed in filing an appeal. He can be reached
at [phone].
Sincerely,
Zavi?d W. Owens
cc: NC Wildlife Resources Commission
NC Division of Environmental Management-/
NC Division of Land Resources
NC Division of Health Services
Mr. Peter Tweedt, Director
U.S. Department of Commerce, OCRM
Washington, D. C.
/
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DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
April 26, 1988
M E M O R A N D U M
TO: :/eeBenton
FROM: ll Mills/?w
SUBJECT: Application for Corps of Engineers' Permit
J. C. Kellogg
Dare County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a)
The proposed project would require a 401 Water
Quality Certification before a Corps permit could
issue. At this time, there has been no final
decision on whether to issue or deny the
Certification.. -
b) The purpose of the proposed fill is to provide a
site for a single family residence and septic tank
disposal system. Conversation by our field staff
with the Dare County Health Department indicate
that the site is very low and poorly drained with
a seasonal high water table at about 10 inches
below the surface. We believe this site to be
unsuitable for a septic tank installation. Should
the site be permitted for filling we believe that
development of site as described above may very
likely result in a septic tank system which
functions poorly and threatens to contaminate
adjacent surface waters.
c) While it is uncertain at this point as to whether
sufficient information exists to deny the
Certification on the basis of expected violations
of water quality standards, this is certainly not
a suitable site for development with septic tank
disposal.
BM/dkb
cc: Jim Mulligan
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC088-N-028-0136
Mr. Jack Kellogg
7910 Schuyler Court
Annandale, Virginia 22003
Dear Mr. Kellogg:
• ? a

l.' .. t': 'r'.•
Reference your application for Department of the Army
authorization to place fill material in a 32,200 square foot
wetland adjacent Roanoke Sound, Manteo, Dare County, North
Carolina.
By letter of March 11, 1988, we furnished you copies of
letters whereby the National Marine Fisheries Service, the
U.S. Fish and Wildlife'Service and the U.S.._Environmental-
Protectiori Agency recommended that your proposed work be denied
Federal authorization because of anticipated adverse environmental
impacts. We provided these comments to you so that you could have
an opportunity for rebuttal. To date we have not heard from you.
Please inform us of your intentions within 10 days of your receipt
of this letter. If we do not hear from you, we will assume that
you are not interested in pursuing Federal authorization at this
time, and your application will be retired.
Questions or comments may be addressed to Ms. Alison Arnold,
Regulatory Branch, telephone [phone].
Sincerely,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 7, 1988
Charles W. Hollis
Chief, Regulatory Branch
Mr. John Parker
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. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039 -
Raleigh, North Carolina 27611-5039
f V
0070-
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
4*14t REGION IV
345 COURTLAND STREET
Ass? ATLANTA, GEORGIA 30365
Ilan'` v
REF: 4WM/WQMB/LP
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina
ATTENTION: Ms. Alison Arnold
SUBJECT: J.C. Kellogg
(P/N #88-N-028-136)
Dear Colonel Woodbury:
This is in response to the subject public notice concerning a proposal
-to.place fill material-into--wooded wetlands-adjacent--to Roanoke Sound,
in Manteo, Dare County, North Carolina. The purpose of the project is
to create high ground for construction of a residential building and
associated septic system.
As a result of this activity, approximately 32,198 sq. ft. of wooded
wetlands will be eliminated by fill activity. Floristic wetland species
noted at the proposed project site include: bayberry (Myrica cerifera),
redbay (Persea borbonia), marsh elder (Iva sp.), catbrier (Smilax sp.) and
blackgum (Nyssa sylvatica).
Wooded wetlands perform valuable functions within the aquatic system
including fish and wildlife habitat values, detrital export water
quality service and vital stormwater retention capabilities.
It is clear that the proposed project is not water dependent and will
eliminate a valuable aquatic resource. Consequently, it is our opinion
that the project is contrary to the Section 404(b)(1) Guidelines and should
be denied.
Sincerely yours,
?y
Robert F. ee, Chief
Water Quality Managemen 'Branch
cc: See enclosed
i
cc: Mike Gantt, Field Supervisor
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. Brawnier; Regional Director
National Marine Fisheries Service
St. Petersburg, FL
?P 'nom
CIT
.?JIAFr 'c 1???
Ra4iaN, N. C.

M

4
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-028-136

January 28, 1988
PUBLIC NOTICE
MR. JACK G. KELLOGG, 7910 Schuyler Court, Annandale, Virginia 22003, has
applied for a Department of the Army permit TO PLACE FILL MATERIAL IN AN
APPROXIMATE 32,200 SQUARE-FOOT WETLAND AREA ADJACENT ROANOKE SOUND TO CREATE
HIGH GROUND FOR CONSTRUCTION OF A'RESIDENTIAL DWELLING, IN MANTEO, DARE
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 placement
of 2 feet of fill material over a 32,198 square-foot wetland area to create
high ground for construction of a three-bedroom dwelling and associated septic
system. The wetlands on the lot are dominated by pine, wax myrtle, red bay,
marsh elder, smilax, and black gum. Plans showing the work are included with
this public notice.
The°applicant has determined that the proposed'iaork'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 (LAMA) by the North Carolina D{<rision of Coastal ManagemF:111- 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).
K
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-2-
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 :t.ntterest 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 detriment-.. 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 pro-
tection 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
by such permit would not comply with the Environmental Protection

-3-
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 serve 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 February
19, 1988.
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 February 12, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m., February
29, 1988, or telephone [phone].
I %'
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IN REPLY REFER TO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 3, 1988
Regulatory Branch
SUBJECT: File No. SAWC088-N-028-136
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. Jack Kellogg for a
Department of the Army permit and a State Water Quality
Certification to place fill material in wetlands to create high
ground for a'3-bedroom dwelling, including septic system, near
Roanoke Sound, in Manteo, 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 3, 1988, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
P?
Cha s W. H lis
hief, Regulatory Branch
Enclosure
V. Intended Use of Project Area (Describe)
A. '_. rivate_-_3- _RDR nwallinR
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 32 - 1. 1 53 ±R4 ft
2. Elevation of lot(s) above mean high water Approx. 3' above M. S.L.
3. Soil type and texture Currituck soils Mucky
4. Type of building facilities or structures Prop 3 RnR dwp1 1 i.,D
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe Conventional on-site septic system
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY') RURAL
CONSERVATION OTHER (See CAMA Local Land Use Flan 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 . XX_
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 x
2. Type of discharge Stormwater
3. Location of discharge Existing Swale on site
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
IX. Length of time required to complete project: One or two days
X. In addIdon 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 wnrk 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 he served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served N/A
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.
--
N/A
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 ,/61 SI''?
X
Applicant's Signature
D&F-132 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
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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 R. Griffin
District Manager
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

APPLICATION U) co -e
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, Wilmington Olstric
(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 Information
Kellogg Jack G.
A. Name
Last First Midd4e
B. Address 7910 Schuyler Ct.
Street, P. o. Box or Route
Annand;;1a Va- _ 22003 701/478-0100
City or'Town State Lip Code Phone
II. Location of Proposed Project:,
A. County Dare
B. 1. City, town, community or landmark Manteo
2. Is proposed work within city limits? Yes No _ X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Roanoke Sound
111. Description of Project
A. 1. Maintenance of existing project yes 2. New work yes
B. Purpose of excavation or fill
1. Acress channel N/A length,width depth

? P N/A
2, float basin length width -depth
°y ' 3. Fill area 64, 270± ft3 length 302.9 width 106.30 depth 2.0
i
4. Other N/A length width depth
N ?1( C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)
/
A
2, Type of bulkhead construction (material) N

D. Excavated material (total for project)
N/A
1. Cubic yards N/A 2. Type of material _
E. Fill material to be placed below h1HW (see also VI. A)
1. Cubic yards N/A 2. Type of material N/A
IV. La nd Type, Disposal Area, and Construction Equipment-
A. Does the area to he excavated include any marshland, swamps or other wetland? Yes N/A Nn N/A
R. Does the disposal area include any marshland, swamps or other wetland? Yes _ N/A No NIA
C. Disposal Area
1. Location N/A
2. Do you claim title to disposal area N/A
D. Fill material source if fill is to be trucked in Private Contractor
E. How will excavated material be entrapped and erosion controlled? N/A
F. Type of equipment to be used N/A
G. Will marshland he crossed in transporting equipment to project site? If yes, explain No
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-028-136
January 28, 1988
PUBLIC NOTICE
MR. JACK G. KELLOGG, 7910 Schuyler Court, Annandale, Virginia 22003, has
applied for a Department of the Army permit TO PLACE FILL MATERIAL IN AN
APPROXIMATE 32,200 SQUARE-FOOT WETLAND AREA ADJACENT ROANOKE SOUND TO CREATE
HIGH GROUND FOR CONSTRUCTION OF A RESIDENTIAL DWELLING, IN MANTEO, DARE
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 placement
of 2 feet of fill material over a 32,198 square-foot wetland area to create
high ground for construction of a three-bedroom dwelling and associated septic
system. The wetlands on the lot are dominated by pine, wax myrtle, red bay,
marsh elder, smilax, and black gum. 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.
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).

-2-
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 general balancing
process. That decision should reflect the national concern for both-pro-
tection 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
by such permit would not comply with the Environmental Protection

-3-
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 serve 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 February
19, 1988.
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 February 12, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m., February
29, 1988, or telephone [phone].
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