Ver _COMPLETE FILE_19880316

... STAT[ o?
` • wna^
State of North Carolina
Department of Natural Resources and Community Development
Division of Em7ronmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor June 17, 1988 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Mr. Charles Hollis, Chief
Regulatory Branch
U.S. Army Corps of Engineers
Wilmington District
P. 0. Box 1890
Wilmington, NC 28402-1890
Subject: Water Quality Certification
After-the-fact Permits
William Ray Lamb 072-0271
Jack White 028-0235
Michael Cowa1 028-0215
Curtis Gray 028-0215
Dare and Perquimans Counties
Dear Mr. Hollis:

With regard to Joint Public Notices and applications for the
Subject permit considerations, we have completed our review for
potential water quality concerns. We have not identified any aspects of
these fill activities which are expected to have caused or will cause
adverse water quality impacts.
Since these projects are being evaluated after-the-fact, we do not
feel that Section 401 of the Clean Water Act is applicable to these
permits. Therefore, we do not intend to take any action on the requests
for 401 Water Quality Certifications. If you have any questions
regarding this position, please contact me at 733-7015 ext. 521.
Sincerel
Original fined BY
WILLIAM C. MILLS
William C. Mills
Environmental Engineer
WCM/dkb
cc: Mr. Steve Benton, DCM
Mr. Jim Mulligan
Pollutior, Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 14, 1988
MEMORANDUM
TO: William C. Mills
Operations Branch
FROM: William J. Moore, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Corps Public Notices
Dare County
The following projects have been reviewed for impacts on water quality.
It is not anticipated that this Division would object to the proposed
activities.
(1) Curtis Gray - Buxton Woods
(2) Michael Cowal - Buxton Woods
(3) Leon Scarborough - Buxton Woods
(4) Buxton Woods Partnership - Buxton Woods
(5) Jack White - Kitty Hawk
(6) William Lamb - Winfall
If you have any questions, please advise.
WJM/cm
D' A ? 4: °' .%
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-028-0215
PUBLIC NOTICE
; ?V

March 10, 1988
MR. CURTIS H. GRAY, Post Office Box 133, Buxton, North Carolina 27920,
represented by MR. GEORGE WOOD, COASTLAND DEVELOPMENT CONSULTANTS, 122 Sir
Walter Raleigh Drive, Kill Devil Hills, North Carolina 27948, has applied for
a Department of the Army after-the-fact permit TO AUTHORIZE THE PLACEMENT OF
FILL MATERIAL IN WETLANDS ADJACENT TO PAMLICO SOUND, BUXTON WOODS, BUXTON,
Dare 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 which a 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 fill material placed in wetlands to establish a 20-foot-wide
access roadway spanning two areas of wetlands wiith a total linear reach of
227 feet. The 5-acre property is characterized by a series of ridges and
swales running parallel to Flowers Ridge Road. The wetlands on the property
are located within the swales and are dominated by willow, black gum, and
maple. The purpose of the roadway is to obtain access to a high ground ridge
on which the applicant plans to construct a single-family residence. The
applicant states that he would have no objection to others using the driveway.
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.
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d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4)9 146-6, 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 application for Department of the Army authorization 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
1
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general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the 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
April 4, 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 March 28, 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.,
April 11, 1988, or telephone [phone].
?ANJGo$g-N-b28-dZ15 ..4. "U
After-The-Fact Permit
Request To Fill Wetlands
by Curtis Gray 2/15/88
Buxton, N.C. Dare County
Scale 1"=50'
Prepared by CDC,Ltd.
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Area,
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165'
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Land Boundary
20
Cross section of
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14
Land Boundary
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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
March 10, 1988
SUBJECT: File No. SAWC088-N-028-0215
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. H. Curtis Gray for
Department of the Army authorization and a State Water Quality
Certification to authorize the placement of fill material in
wetlands adjacent Pamlico Sound, Buxton Woods, Buxton, 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 authorizing 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 a reasonable time
for State action. Therefore, if you have not acted on the request
by May 11, 1988, the District Engineer will deem that waiver has
occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
ha W. Hol s
ie , Regulat y Branch
Enclosure

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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 Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina

I%r. George Wood
122 Sir 'falter Raleigh Dr.
Kill Devil Hills, IT. C. 275,48
Dear I.r. Wood:

February l,c, 1 68
Thank you so very much for assisting re in working with the Core of
Engineers.
I do not quite understand why there is so r,uch confusion over placing
the road bed over m-- property at PloTmrs 'Ridge '_?oad here in Buxton.
liss Alison Arnold informed the contracto3- that it tirovld be 0. K. to
put the road bed in its present location.
According to Y-r. St?:ve Crum, contractor, Piss Arnold visited the proposed
area at least twice, perhaps three tives and on the last visit inforr ed
7 hire. that it would be 0. K. to proceed, which he dial. with r y perr ission.
( I have in''orr:ed Yr. Smith, the present inspector, of the above by telephone
any'. also that I would have no objections to others using the road.
I do hope you can get t:Lis straiThtened out with the Core of engineers
and again I thank you for your kind assistance.
Iavk
'IPrT truly rours,
'?. Curtis (Tray
P. C. 3ox 133
`iuxton, `t. C. 27500
P11c e O'S, 5- 7 61

Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1APPLICANT Yp
a. Name Coastland Dev.
Address 122 Sir Walt
City(j 11 evil Hi Bhde
Zip 2 7 9 4 8 Day phone
Landowner or -X_-
b. Project name (if any)__N_Qn_Q
Consultants
r Raleigh Dr.
Lq, C _
441-2551_
Authorized agent
c. If the applicant is not the landowner, also give
the owner's name and address.
H. Curtis Gray
P.O.Box 33
Buxton. I.C. 27920
2 LOCATION ?OFJPRQ,PO,S
PROJECT
a. Street address or secondary road number
Flowers Ridge Road
b. City, town, community, or landmark
Buxton
c. County D a r e
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Pamlico Sound
3 DESCRIPTION ANI7 PL,A
USE OF. PROP "SEM.PRO]
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Access road to high ridge
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? new
c. Will the project be for community, private, or
commercial use?
private/attached letter gives
permission for others to use
access
d. Describe the planned iRdil &' iJgJD
accPGs to singlP fami13Z 1nt
FEB n 7 198900_
a. Size of entire tract approx. 5 acres
b. Size of individual lot(s) n a
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum a „n r- n Y 1 0,
d. Soil type(s) and texture(s) of tract sanAy 10am
e. Vegetation on tract ?j-1.Te k to Black
gym & Ma-P-10-
f. Man-made features now on tract Noe
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural ` Other
h. How is the tract zoned by local government?
None
i. How are adjacent waters classified? NA
j. Has a professional archaeological survey been
carried out for the tract? Nn
If so, by whom?
x
??}Q UP?ANI? DEV?'ELO ,_,'T;
1 zr ?,, t 'r
a
Complete this section if the project includes any
upland development. NA
a. Type and number of buildings, facilities, or
structures proposed
b.
Number of lots or parcels
Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
ti
r
8', ADDITIONAL INFORMATTION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or.other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V/z x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
mer?ts on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name
Address Nut Required
Name
Address
Name _
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
None
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This 88 the 20 day of February
19
X
Landowner o Authorized ag
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.

Buxt /n:V
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Atlantic
Ocean
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Not to Scale
HIGH RIDGE
Area.
Filled
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165
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land Boundary
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Cross section of
Filled Area
Not To Scale
land Boundary
4AWC069-N-ozB-oZtS
After-The-Fact Permit
Request To Fill Wetlands
by Curtis Gray 2/15/88
Buxton, N.C. Dare County
Scale 1"=50'
Prepared by CDC,Ltd.
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