19880399 Ver 1_COMPLETE FILE_19880305

i
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMiNGTON, NORTH CAROLINA 28402-1890
April 26, 1988
SUBJECT: File No. SAWCO88-N-024-014$
Mr. James Worley
Post Office Box 201
Fair Bluff, North Carolina 28439
Dear Mr. Worley:
Reference your November 18, 1987, application for Department
of the Army authorization to place fill material in wetlands
adjacent to Gapway Swamp, for the purpose of establishing a
crawfish pond, near Fair Bluff, Columbus County, North Carolina.
By our letter of April 1, 1988, we provided you the comments
of the U.S. Fish and Wildlife Service (USFWS). By letter of
April 11, 1988 (copy enclosed), the North Carolina Department of
Natural Resources and Community Development provided the
coordinated State viewpoint, agreeing with the USFWS, that the
permit should not be issued. The North Carolina Wildlife
Resources Commission, the North Carolina Division of Water
Resources and the North Carolina Division of Land Resources,
drawing upon their specific expertise, presented objections to
your proposal. These State and Federal agencies believe that
significant adverse impacts would result from accomplishment of
your proposed work.
Our public interest review of your proposal is completed, and
we have determined that if your work were accomplished, it would
be contrary to the interests of the general public. Therefore,
you are hereby informed that your application for Department of
the Army authorization is denied.
Mr. Jeff Richter of my staff is available to answer questions.
He may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Enclosure
rw
-2_
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
Ms. 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
Piveis 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
J Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

t-44 owEG
APR 1 5 1988
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
REF : 4WM/DkMB/LP
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. Jeff Richter
SUBJECT: James Worley (P/N#88-N-024-0148)
Dear Colonel Woodbury:
This is in response to the subject public notice concerning a proposal to place
fill material into wooded wetlands adjacent to Gapway Swamp, near Fairbluff,
Columbus County, North Carolina.
As a result of this activity, a 550-foot by 550-foot dike will be created.
This activity will eliminate 6 acres of wooded wetlands and create a pond
of approximately the same size. The fill material will be obtained from
a canal that will be excavated outside of the proposed dike. The purpose
of the subject project is to propagate and harvest crayfish. Floristic
wetland species noted at the site include: cypress (Taxodium distichum),
black gum ( ssa sylvatica), red maple (Acer rubrum), and lizards tail
(Saururus cernuus).
Wooded wetlands perform valuable functions within the aquatic system including:
fish and wildlife habitat values, detrital export, water quality services and
vital stormwater retention capabilities.
It is clear that the proposed project will eliminate a valuable aquatic resource
and will result in unacceptable adverse environmental impacts.
Consequently, it is our opinion that the project is contrary to the Section 404
Guidelines and should be denied.
Sincerely yours,
Robert F. ee, Chief
Water Quality Management ranch
Water Management Divisio
cc: See enclosed

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

Trd •,? STATE o
f r ! l'
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
April 11, 1988
Colonel Paul W. Woodbury
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Colonel Woodbury:
S. Thomas Rhodes, Secretary
In keeping with your request, this office circulated to interested state
review agencies U. S. Army Corps of Engineers Public Notice .... 0148 dated
February 11, 1988 which describes a project proposal by Mr. James Worley of
Fair Bluff. The project, involving the impounding of and the placement of
fill in a gum and red maple wetland for the purpose of developing a crawfish
pond, is located near Fair Bluff on Gapway Swamp, in Columbus County.
In response to the Notice circulation, three state agencies submitted
objections and/or expressions of concern. These comments and the agency
submitting each follow: 1) the N. C.'Wildlife Resources Commission found the
project would result in individual and cumulative adverse impacts on wildlife
and fisheries resources, 2) the Division of Water Resources (DWR), while
finding that there could be economic advantages to the applicant to develop
the project in a wetland, also recognizes the adverse impacts to traditional
wildlife values and that the pond could be placed on a non-wetland site. DWR
further suggests that if a permit is issued to allow this project on a trial
basis, all other such permit requests be placed in abeyance pending a study
on long term cumulative impacts, 3) the Division of Land Resources objected to
the project as proposed. Presumably, such objection is based on lack of
sedimentation plans and controls.
Based on the concerns of key cooperating agencies, this state viewpoint
also recommends the required '404 permit not be issued.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

Colonel Paul W. Woodbury
Page 2
April 11, 1988
For the record, the Division of Environmental Management issued a Section
401 Water Quality Certification for this project on March 11, 1988.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the agencies listed.
Very sincerely,
Jo h? R. Parker, Jr.
Inland 1404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Raleigh
Division of Water Resources
Raleigh
Division of Land Resources
Wilmington /
Division of Environmental Management
Raleigh
MAe.?
Y .Q a ?•
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
March 11, 1988
Mr. James Worley
P.O. Box 201
Fair Bluff, NC 28439
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Crawfish Pond
James Worley
Tributary to Gapway Swamp
Columbus County
Dear Mr. Worley:
Attached hereto are two (2) copies of Certification No. 2222
issued to James Worley dated March 11, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Pegional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA
Columbus 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 James Worley pursuant to an
application filed on the 11th day of February, 1988 to construct a dike
to be used for operation of a crawfish pond.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Gapway
Swamp in conjunction with the proposed dike construction in Columbus
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 Secticns 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 50 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 11th day of March, 1988
DIVISION OF ENVIRONMENTAL MANAGE EW
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2222
-..-1+,
s iSTAtr
e?
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
March 11, 1988
Mr. James Worley
P. 0. Box 201
Fair Bluff, NC 28439
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Crawfish Pond
Jams Worley
Tributary to Gapway Swamp
Columbus County
Dear Mr. Worley:
Attached hereto are two (2) copies of Certification No. 2222
issued to James Worley dated March 11, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed By
William C. Mills
For R. 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]

NORTH CAROLINA
Columbus 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 James Worley pursuant to an
application filed on the 11th day of February, 1988 to construct a dike
to be used for operation of a crawfish pond.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Gapway
Swamp in conjunction with the proposed dike construction in Columbus
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 50 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 11th day of March, 1988
DIVISION OF ENVIROWNrAL M MGEMU
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2222
W* : 31
'?,a. SrATE 4
??d Mnr m ?r?y
ti ?C
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a„
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
February 16, 1988
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms :
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0148 dated
2/11/88 describing a project proposed by Mr. James Worley
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 3/10/88
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
JRP:j r./aw
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

[i
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWCO88-N-024-0148
February 11, 1988
PUBLIC NOTICE
MR. JAMES WORLEY, Post Office Box 201, Fair Bluff, North Carolina 28439,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN
WETLANDS ADJACENT TO GAPWAY SWAMP, NEAR FAIR BLUFF, COLUMBUS 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 that the applicant proposes to construct a dike approximately
550 feet square about 4 feet high, with a bottom width of 20 feet and a top
width of 12 feet in order to create about a 5- to 6-acre crawfish pond. The
material is to be taken from a canal dug outside of the proposed dike. Only
one end of this canal is to be connected to an existing ditch off of Gapway
Canal, and will have a water control structure in it at its conjunction with
the ditch. The water depth will be approximately 2 feet deep, and will be
present in the late fall to early spring. Harvesting will occur in spring,
and then a grass which serves as food for the crawfish will be grown during
the summer. About October or November, the pond will be flooded and restocked
with crawfish. Flooding and draining will be by drain pipes placed into the
canal off of the existing ditch.
The applicant may need to construct a pump station between the pond and
Gapway Canal in order to maintain the water level in the pond, but there is
high ground present here which can accommodate this structure.
The proposed work site is a wetland with vegetation including cypress,
(Taxodium distichum), gum (Nyssa sylvatica), red maple (Acer rubrum), and
lizard's tail (Saururus cernuus). The purpose of the work is to construct and
establish a crawfish pond. 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.
a H

-2-
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 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.

-3-
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
March 3, 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 23, 1988, Attention: Mr.
William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
March 14, 1988, or telephone [phone].

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DIVISION OF ENVIRONMENTAL MANAGEMENT R E C E I V E
MEMORANDUM MAR o4 1988
DATE: WATER QUALITY SLCfl(.)N
TO: Bill Mills GPERATIONS gIRANCII
Operations Branch
FROM: James H. Gregson
Wilmington Regional Office
THROUGH: A. Preston Howard, Jr. /?
Wilmington Regional Office?f?"
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Project Description: 7Uaad""Ca?,? yy? t, Gn?y 4•s.? .¢af?,FCe.,(
Adjacent water Body:
Classification: C S?? Status: ,llvzlla-?
The project has been reviewed to determine impacts to water
quality. "9-, %oras ?i u?u oQ?`?.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-024-0148
?REC EI ED
!= r E3 15 i cR8
OPCRAIIONS SRANN-4
February 11, 1988
y PUBLIC NOTICE
(?5- 7a6 3
MR. JAMES WORLEY, Post Office Box 201, Fair Bluff, North Carolina 28439,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN
WETLANDS ADJACENT TO GAPWAY SWAMP, NEAR FAIR BLUFF, COLUMBUS 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 that the applicant proposes to construct a dike approximately
550 feet square about 4 feet high, with a bottom width of 20 feet and a top
width of 12 feet in order to create about a 5- to 6-acre crayfish pond. The
material is to be taken from a canal dug outside of the proposed dike. Only
one end of this canal is to be connected to an existing ditch off of Gapway
Canal, and will have a water control structure in it at its conjunction with
the ditch. The water depth will be approximately 2 feet deep, and will be
present in the late fall to early spring. Harvesting will occur in spring,
and then a grass which serves as food for the crawfish will be grown during
the summer. About October or November, the pond will be flooded and restocked
with crawfish. Flooding and draining will be by drain pipes placed into the
canal off of the existing ditch.
The applicant may need to construct a pump station between the pond and
Gapway Canal in order to maintain the water level in the pond, but the-re is
high ground present here which can accommodate this structure.
The proposed work site is a wetland with vegetation including cypress
(Taxodium distichum), gum (N ssa ?Elv_ atica), red maple (Acer rubrum), and
lizard's tail (Saururus cernuus). The purpose of the work is to construct and
establish a crawfish pond. 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.

-2-
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.
c
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.
-3-
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
March 3, 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 23, 1988, Attention: Mr.
William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
March 14, 1988, or telephone [phone].

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P

. " APPLICATION
FOR ?J
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVEL9.PMENT
Department of Administration State of North Carolina Departmegt.of the Army, (GS 146.12) Department of Natural Resources and Community Development Corps of Eritineers,,Wlimin=to??.ggtrict
(GS 113-229.143-215.3(a)(1), 143-215.3(c), 113A•119 (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.bl;cr(?? q ?" JJ
4+J A"
WU
Applicant Information
A. Name

o/
0
First
Middle
B. Address -
Street, P. O. BdJtbr Route
A)c
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County ( i „. •;,
B. 1. City, town, community or landmark
2. Is proposed work within city limits? Yes No J--
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
't
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work t/
B. Purpose of excavation or fill
I. Access channel Ivngth width depth
2. Boat basin length width depth
3. Fill area length - width depth
4. Other length width depth
C. I. Bulkhead length Average distance waterward of MHW (shoreline)
2. fype 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 VI. A) -
I Cubic yards 2. Type of material
1 V. 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?
D. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled?
I . I ype ui equipment to be used r.> L r
G. W;ll marshland be crossed in transporting equipment to project site? If yes, exp!ain
V. Intended Use of Project Area (Describe)
A: 1. Private s
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) Q n • <--
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures r n
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe -
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (SeeCAMA 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
S. 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):
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
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.
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coital 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 plaL Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, an land clearing.
DATE ILL.
anZ"sign ure
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1

??r? ...t?:__ ? ?a.• 'f_ra ?J ! ...?.. r _.I•.rl "•'!r?t/,. /Ll??!/???1? 1..4ff l`?.Li..LL?•.t ?.I ~??
?_ c..rrl?r.:rr•_. ... •FL-... ?t• rr!/_r _.. ? .'r'..tfJrr .. ---- - ? ??`,
To (' V,
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?- AlEw Cgs!

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 9, 1988
SUBJECT: File No. SAWC088-N-024-0148

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:

VY!' L,". SECTION
Enclosed is the application of Mr. James Worley for a
Department of the Army permit and a State Water Quality
Certification to place fill material in wetlands adjacent to
Gapway Swamp, near Fair Bluff, Columbus 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 9, 1988, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
htas W. H is
Regulatory Branch

Enclosure
t
-2-
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
' APPLICATION
FOR
1 - s
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Oepartmegt.of the'Army
Departmimt of Administration State of North Carolina
(GS 146.12) Department of Natural Resources and Community Development Corps of Erigleeers,411mingto rict
(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 indicata by placing N/A in.blattVlfl ` J
Applicant Information
A. Name
B Address

6 Y- i -<-
(9
Middle-_
Street, P. O. Bdk,16r-Route
City or Town State Zip Code Phone
il. Location of Proposed Projec
A. County
B. 1. City, town, community or landmark
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
111. Description of Project
A. 1. Maintenance of existing project _ 2. New work - - -
B. Purpose of excavation or fill
I. Access channel Ivngth width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other length- width depth
C. 1. 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. Fill material to be placed below MHW (see, also VI. A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
f A. Dues 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 till is to be trucked in
E. How will excavated material be entrapped and erosion controlled?
I . I ype ul equipment to be used )l r 9 Y
C, Will marshland be crossed in transporting equipment to project site? If yes, explain
First
.? + ^ , -rye
Or/JI ?
f. ,V. Intended Use of Project Area (Describe)
A.- 1. Private o-w • g _ .y 1 6
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) / 61 A --
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 Planned
B. Describe
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):
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
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 no., 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.
XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coa,cal 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-
,- /I
DATE
ant's Sign ure
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'DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-024-0148
PUBLIC NOTICE
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February 11, 1988
MR. JAMES WORLEY, Post Office Box 201, Fair Bluff, North Carolina 28439,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN
WETLANDS ADJACENT TO GAPWAY SWAMP, NEAR FAIR BLUFF, COLUMBUS 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 that the applicant proposes to construct a dike approximately
550 feet square about 4 feet high, with a bottom width of 20 feet and a top
width of 12 feet in order to create about a 5- to 6-acre crawfish pond. The
material is to be taken from a canal dug outside of the proposed dike. Only
one end of this canal is to be connected to an existing ditch off of Gapway
Canal, and will have a water control structure in it at its conjunction with
the ditch. The water depth will be approximately 2 feet deep, and will be
present in the late fall to early spring. Harvesting will occur in spring,
and then a grass which serves as food for the crawfish will be grown during
the summer. About October or November, the pond will be flooded and restocked
with crawfish. Flooding and draining will be by drain pipes placed into the
canal off of the existing ditch.
The applicant may need to construct a pump station between the pond and
Gapway Canal in order to maintain the water level in the pond, but there is
high ground present here which can accommodate this structure.
The proposed work site is a wetland with vegetation including cypress,
(Taxodium distichum), gum (Nyssa sylvatica), red maple (Acer rubrum), and
lizard's tail (Saururus cernuus). The purpose of the work is to construct and
establish a crawfish pond. 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.

-2-
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 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.
-3-
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
March 3, 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 23, 1988, Attention: Mr.
William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
March 14, 1988, or telephone [phone].
- i 1773
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