19870327 Ver 1_COMPLETE FILE_19871222

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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: Ken Jolly
SUBJECT: Ms. Linda Walters
(Public Notice No. 87-N-007-0559)
Dear Colonel Woodbury:

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This is in response to the subject public notice concerning an
after-the-fact proposal to authorize the placement of fill material in
previously cleared wooded wetlands adjacent to the Pamlico River at Camp
Beach, Beaufort County, North Carolina. As a result of this activity,
approximately 580 cubic yards of unauthorized fill material was placed
over 22,000 sq. ft. of bottomland hardwood wetlands. The purpose of the
work is to provide a construction site for a residence with a septic tank.
Bottomland hardwood wetlands perform valuable functions within the aquatic
system including fish and wildlife habitat values, water quality services,
detrital export, and vital stormwater retention capabilities.
It is clear that the work eliminated a valuable aquatic resource and
resulted in unacceptable adverse environmental impacts.
Consequently, it is our interpretation that the unauthorized activity is
contrary to the 404(b)(1) Guidelines and should be denied. Based on this
determination, it is our recommendation that the violation site be
restored to pre-project conditions.
Sincerely yours,
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E. T. Heinen, Chief
Marine and Estuarine Branch
Water Management Division
cc: See enclosed
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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. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL

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ACTION ) INQ FILE
NRT70 ENTERED
ASSIGNED TO
TYPE
CAM A ONLY:
RECEIVING STREAM:
DF/CAMA/401 REV
THIS DATA, RECORD IS NO 00326
WALTER, LINDA COUNTY
w;.1m •.itoIN°i• NOTICE
CERTIFICATION RECOMMENDATIOt
401 REM ISSUE: Y
GC: ISO-FILL DENY:
GC: IV3LD:
t.j ••f .... E:: AI`1 E...:I: i:: i.} RIVER CLASS: S B
DATE 1 : ...:........: ..
t ! a NEXT
I:: R D DATA
BEAUFORT REGION: 07
N
RECEIVED: 871116
INITIAL REPORT:
FINAL REPORT: 871221
BASIN: TAR
COMMENTS:
SITE LOCATED ON SR 133!?-;
APPLICANT PROPOSES TO FILL 22,000 St:., F..i• :. OF WETLANDS ON EXISTING E_:I::: ; ' :I: t E'::: N TT. A E...
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COPIES: Wr RO-C;I:::NTRAI.......M:l:l...LS
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-007-0559
PUBLIC NOTICE
ECE - ED

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October 8, 1987
MS. LINDA A. WALTER, 417 Oaklette Drive, Chesapeake, Virginia 23325, has
applied for a Department of the Army after-the-fact permit TO AUTHORIZE THE
PLACEMENT OF FILL MATERIAL IN CLEARED WOODED WETLANDS ADJACENT TO THE PAMLICO
RIVER AT CAMP LEACH, Beaufort County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
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 completed placement of fill material into approximately
22,000 square feet of previously cleared wooded wetlands adjacent to the
Pamlico River. Approximately 580 cubic yards of upland fill was spread into
the wetland area to provide for construction of a residence and septic tank on
the property. The fill area is now vegetated primarily by upland grasses.
The purpose of the completed work is to provide a suitable site for
construction of a residence. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). 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.

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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 activity and its
intended use on the public interest. Evaluation of the probable impacts which
the 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.
1
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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
November 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 November 11, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work,.as outlined above, will
be received in this office, Attention: Mr. Ken Jolly, until 4:15 p.m.,
November 9, 1987, or telephone [phone].
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