19880146 Ver _COMPLETE FILE_19880726

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 20, 1988
SUBJECT: File No. SAWC088-N-069-0330
Mr. Ray E. McCotter
50 Shoreline Drive
New Bern, North Carolina 28560
Dear Mr. McCotter:
Reference your application for a Department of the Army permit
to place excavated material in wetlands adjacent Goose Creek,
Eastham Creek and the Atlantic Intracoastal Waterway (AIWW), to
establish a crayfish impoundment, near Lowland, Pamlico County,
North Carolina.
By public notice of July 7, 1988, we advertised your proposal
to State and Federal review agencies and the general public. By
letter of August 9, 1988, we furnished you the specific objections
of the.,U.S. Environmental Protection Agency, the National Marine
Fisheries Service,and.`the. U. S. Fish and Wildlife Service, edera•1
agencies which recommended that your application be denied. Also,
the N.C. Wildlife Resources Commission has recommended denial of
authorization, a position supported by the N.C. Division of
Coastal Management.
We have completed our public interest review of your proposal,
and we have determined that it would not be in the interest of the
general public to issue a Department of the Army permit. We agree
with the review agencies that your work would result in the direct
loss of wetlands important to fishery and wildlife and the
maintenance of water quality. Specifically, we agree with the
Federal review agencies that your proposed aquaculture activity
need not be located in wetlands and that a less damaging
alternative, locating your facilities on high ground, is
available. Accordingly, your Department of the Army application
is hereby denied, and your file has been retired.
Mr. Ernest Jahnke of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. He may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel Corps of Engineers
District Engineer
-2-

Copies Furnished:
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
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr..Robert F. McGhee, 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
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
r;

NKDATA DF/CAMA/40i REV DATE 10/ 10/88
ACTION f :J:ND FILE % DFt.:A1'#fAt401 !"'SWD 7 FORMAT ? N#'4DF(..f`iMfAi NEXT #[CD `t 00448
• RECORD HAS BEEN CHANGED. RECORD N O 00447 #::• R D DATA
#'.. RAY
JO: 00 .T•'i i PRO:
:t::tJ TT r:
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P#•';t:J COUNTY : J= {••`ii`##....#. CO REGION: 07
.
.
.
,.
TO: W J M ?/,.-- JOINT NOTICE : N
TYPES CERTIFICATION FtJ:.:COMt3E Nii DATE ,S'.' YYMMDD
404 PN: Y 401 RED: Y ISSUE: RECEIVED: 88071,3
CsAtMA ONLY: GC: DENY: •'s` INITIAL REPORT: t: 80 ',:j >,
`: : SL:EPF #::: t"? : v HOLD: FINAL REPORT: <: 81 0 i o
RECEIVING STREAM: UT-GOOSE CREEK CLAS S: SA BASIN: TAI:,,'
COMMENTS:
4.#:T•i..: i...t:3t::ATED t:3i"•F SR 1 230 NEAR LOWLAND
PROPOSAL TO CONSTRUCT rAi DIKE IN 404 trd#..:T'•#...r•^iNDS .3.O EST ABLISH AN IMPOUNDMENT
DIKE W:#:#...#... BE 14,700 i...F <: 24 FT BsAi;i'E X 10 F.T. TOP X 3 #::••T• i..#i..::#:GH.T.
PROPOSED DESIGN INCLUDES 2 RISER STRUCTURES TO CONT ROL WATER LEVELS
IMPOUNDMENT WILL BE USED AS CRAYFISH POND FO R COMME RCIAL AQUACULTURE
DISCHARGE FROM t:3UT•#...F::T STRUCTURES W:: BE .,.....
# #... WILL ? t::: t t.t DITCH T
TO ? CT GOOSE CREE
RIBUTARY
K
APPLICANT HAS NOT SHOWN 'T'#..#AT DISCHARGE WILL PROTECT FECAL COLIFORM STD IN
ADJACENT WATERS
IT .. .i.:.:> •, M, UNDERSTANDING THAT THE CORPS HAS RE
f CEIVED
TO i
OTHER OBJECTIONS PR OJECT
COPIES: WARO-CENTRAL-MILLE
R 6. C E` . y d. E .
OCT 1 1988
WATER PAI 1TY
NI' 1. A 1•F'i D!•• /t.: A!`` A ` 0'1 REV DATE "'
ACTION : ADD F.:...::: ,'' D ° .;f'iMf•t•t 0 i " 'S,. D FORMAT ) N .,' 11" l.;t••`tl"1i::1 NEXT .til:.,D 00401.3
ACTION :::: ADD, ENTER DATA, REC. ADDED IS 0 0446 FR D DATA
1' I'; ...:.. •,:• •:: ,. ..r • f i !° : , ..±,.r !"1 C.- .. T..::. ": RAY COUNTY: "' As"5,..... .. .. REGION:
f
ASS IGNED TO: IrA JI'"f il)d),Zl ,? t.? .,. 5 1 t NOTICE: 1•'?
TYPE CERTIFICATION RECOMMEND DATE'.,',' YYMMD.i,)
404 s 1'*. f ,: RED: #. ,:`.• .'• t. 4::. - RECEIVED: i:! i:. ?:. i '1 ..
(•, At"t ;•:s ONLY : GC: DENY: INITIAL REPORT: 88072-s''
. ?, , . i.:, ,, {.., ' ::• #::. l...: _,• i,.t i.: 1°:::. co-! ;--I ,.! F... t,. f # .:.
!`•I l•'i.... , ", #::. i :....
RECEIVING STREAM: UT-GOOSE #..:RE, CLAS S: SA BASIN:
TAI:,*.''.
COMMENTS:
SITE LOCA TED OFF SR •4 ;:'.:'t 0 NEAR LOW LAND
PROPOSAL TO c.: t.? P'd ,:. I .. DIKE IN , 4 04 WETLANDS TO ESTABL ISH AN .#. I"i Pt + , ;
D.I.KI::. WILL BE 14,700 5...1 24 FT BASE %', 10 j TOP .: 3 FT HEIGHT
PROPOSED DESIGN INCLUDES ,;.. RISER STRUCTURES TO {..:t.!N11'...#5... WATER LEVELS
.t."y:'# ='"•t ;•..}...f''::..
#1. t.!?..#:.#:.#i... `•.s! :• WILL ..#... B i?`s CRAYF
s. ...l... USED POND FOR COMMERCI
ISH .•+# 1? CU
AL (??i..,...ft......#....; ! i .
ADDITIONA L COMMENTS PENDING SITE VIST''ll'
COPIES: W ARO-CENTRAL-MILLS
R EC EI VED
! ! 2 8 88
YVA i EF (Y'A, ,7„ "EC 11:
OPE

qt ?""C q
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor 07/14/88 David W. Owens
S. Thomas Rhodes, Secretary Director
Mr. William Mills
NC DNR&CD
Div. Environmental Management
P.O. Box 27687
Raleigh, NC 27611
Dear Mr. Mills:
The attached U.S. Army Corps of Engineers Public Notice No.
SAWCO-88-0330, dated 07/07/88 on a Federal project or an application
for a Federal Permit to excavate, fill and/or place structures in
navigable waters (Re: Sec. 404 & Sec. 10) is being circulated to
interested.State agencies for comments. The applicant/sponsor
of this proposed project is Mr. Ray E._McCotter.
Please indicate below your viewpoint on this proposed project
and return this form to me no later than 08/05/88.
Sincerely, .
?S a ?en B. Benton
Consistency 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
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-069-0330 July 7, 1988
PUBLIC NOTICE
MR. RAY E. MCCOTTER, 50 Shoreline Drive, New Bern, North Carolina 28560,
has applied for a Department of the Army permit TO PLACE EXCAVATED MATERIAL IN
WETLANDS ADJACENT GOOSE CREEK, EASTHAM CREEK AND THE ATLANTIC INTRACOASTAL
WATERWAY (AIWW), TO ESTABLISH A CRAYFISH IMPOUNDMENT, NEAR LOWLAND, Pamlico
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 proposed excavation of a borrow canal and construction of a
dike to establish an impondment with a perimeter of approximately 14,700
linear feet. The dike would have a base width of 24 feet, a top width of 10
feet and a height of 3 feet. Dimensionally, the parallel borrow canal would
be an approximate inversion of the dike. Approximately 27,750 cubic yards of
material would be dandled by backhoe and dozer. Two fresh water wells and
riser'structures_wouldebejestab.lished to control water elevations. Erosion
and sedimentation control measures are ko he employed: The purpose of>the
work is to establish a crayfish pond for commercial aquaculture. 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 is being reviewed for the applicability
of the issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
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.
-2-
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 and flood plain values (in accordance with Executive Order
11988), 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.

-3-
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
July 29, 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 July 25, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
August 8, 1988, or telephone [phone].
?roG ` ?\?0 ?i•, Aprs.l lb, lvbb
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AREA KOCATION MAP '? ` `-
RAY _E. _McCOTTER- _ - \= - \ -
PROPOSED CRAYFISH IMPOUNDMENT
PAMLICO CO. -
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GOOSE CREEK
RAY E. McCOTTER April 18, 1988
PROPOSED CRAYFISH IMPOUNDMENT
PAMLICO COUNTY
DIXON CREEK
LAND
PP
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LEGEND:
BOUNDARY LINE -- - -
LOCATION OF DIKE - - - - - - -
INTERIOR OF IMPOUNDMENT1\\\?
SCALE: 1" = 1320 ft.
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LOCATION OF FLASHBOARD RISERS OO
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Dimctor
October 6, 1988
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:
The State of North Carolina has completed its review of
which describes a No. Corps
byCMr .Notice
E McCottr8'to 6330
p _ y p° ted material..n....
wetlands adjacent to Goose Creek, Eastham Creek and the AIWW
for the purpose of creating a crayfish impoundment near
Lowland, Pamlico County, North Carolina.
Based upon a site visit by professional staff biologists,
the NC Wildlife Resources Commission (WRC) has determined that
the wetland area to be impounded provides important habitat
for a broad range of species including white-tail deer, black
bear, raccoon, mink, otter, and various songbirds. Since the
proposal is not dependant on being located in wetlands and
since it lacks any public benefit, the WRC finds that the
proposal is inconsistent with its Guidelines and recommends
against issuing the permit. Though the proposal is not
inconsistent with the North Carolina Coastal Management
Program provided a 401 Water Quality Certification is received
by the applicant prior to the onset of construction, we
support the North Carolina Wildlife Resources Commission's
position. - -
As of this date, we have not received any comments from
the NC Division of Environmental Management concerning the
results of the Water Quality Certification review. However,
should a permit be issued, we request that the following
additional conditions be included:
1. That the borrow canal have side slopes that closely
approximate the 2.33H:1V slope of the dike;
2. Appropriate erosion and sedimentation control devices,
P.O.,Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
W "'ll
measures, or structures be used to prevent sediment from
re-entering the canal;
3. A ground cover sufficient to restrain erosion be provided
within thirty (30) working days of completion of dike
construction;
4. A non-erosive liner be installed at the discharge of the
water level control structure;
5. A recorded shipwreck is in close vicinity to the project
site (number 0007 PMR in Eastham Creek). Care should be taken
to assure that this wreck is not disturbed during construction
of the dike. For assistance in this regard, contact Ms. Renee
Gledhill-Earley, Division of Archives and History, at (919)
733-4763, and;
6. Unless the impoundment is proposed to be kept flooded
continuously from March through October, large broods of
mosquitoes will be produced when it rains. The applicant
should contact the local mosquito control officer at the
County Health` Department for guidance on appropriate mosquito
control--measures.
Should you have any questions concerning our position or
conditions and recommendations outlined above, please call Mr.
Steve Benton, Division of Coastal Management, at (919)
733-2293.
Sincerely,
Ct
avid W. Owens
cc: NC Wildlife
NC Division
NC Division
NC Division
NC Division
NC DCM More;
Resources Commission
of Archives and History
of Land Resources
of Health Services
of Environmental Management
head City Field Office

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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
May 18, 1988
SUBJECT: File No. SAWC088-N-069-0330
P,h A`. G 1988

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. Ray E. McCotter for
Department of the Army authorization and a State Water Quality
Certification to place excavated material in wetlands adjacent
Goose Creek and the Atlantic Intracoastal Waterway (AIWW), to
construct a-dike and establish a crayfish pond, near Lowland in
Pamlico 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 July 18, 1988, the District Engineer will deem that waiver has
occurred.
MVP EIVE
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone [phone].
Sincerely,
SAW
Aha s W. Hol i
, Regulat y Branch
Enclosure
s

May 10, 1988
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District Engineer
Wilmington District Corps of:,..'Engineers
P. 0. Box 1890
Wilmington, NC 28402

RAC:j: ip V en
MAY 12 19M
REGULATORY BRANCH
RE: Application for Ray E. McCotter
for Permit to Construct a Crayfish Impoundment
Gentlemen:
We file herewith an application for pe'rmit for
th_ 'cons°truc'r`an ""of a iC"ra,'}fish " impoundmeiil l.'
attachments-for the application as well as a copy
of the property.
Copy of the application has been served upon adjacent
landowners by certified mail pursuant to G. S.
113-229(d).
Sincerely your
R E. 62-
M REM:bh
Enclosures

Please type or print. Carefully describe all an. d. Describe the planned use of the project.
ticipated development activities, including construc- rearing of crayfish for resale
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 T ?? : r p;. 2
,,AND AN;DAT'ER: 3,s ?-
all projects. j ECL- V E S ' . a .
Y
f. APPLICANT. `I fi?2 198
' a.
a. Name Ray E. McCotter REGULATORY
Address 50 Shoreline Dr.
City New Bern State N. Q.
Zip 28560 Day phone [phone]
_ X Landowner or Authorized agent
b. Project name (if any)
C. If the applicant is not the landowner, also give
the owner's name and address.
LOCATION OF. PP4)P
PROJECT t? y
a. Street address or secondary road number
S. R. 1230, Pamlico Co.
b. City, town, community, or landmark
near Lowland, west of Goose Creek IWW
c. County Pamlico
d. Is proposed work within city limits or planning
jurisdiction? - e
e. Name of bod of water nearest project
Goose Creek, Eastham Creek
DESCRIPTION AND `PLANNED
.. ,USE OF PROPOSED:WPRQ,JF?CT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Construction of dike to create a
crayfish pond for aquaculture purposes
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?
Pnrmmprr i,a l
BRANCk
c.
d.
e.
f.
Size of entire tract 364.6 acres
Size of individual lot(s) N/A
Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum one foot +
Soil type(s) and texture(s) of tractMan attached,
yonge, stockade-, organic, mineral
Vegetation on tract homogenous pine-maple
woodland with Juncus marsh
Man-made features now on tract none
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consulyhe local land use
plan.)
Conservation Transitional
Developed Community
X Rural : Other
h. Noww is the tract zoned by local government?
? s
faT_
i. _ How, are adjacent: Coa
j. Has a professional archaeological survey been
carried out fot the tract? No
If so, by whom?
j T ,
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e. 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.

g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt, or concrete, to be used for paved below water level in cubic yards 2 7, 7 5 n
"surfaces. c. Type of material mineral CCI ay)
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands? No
plan been submitted to the Division of En- e. High ground excavation, in cubic yards 27 , 7 0
vironmental Management? f. Dimensions of spoil disposal area ref Pr to rl; agra
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area
water treatment facilities.
"
h. deposited to eonstrunt di_kP_
Do you claim title to the disposal area? 7 e G
j. Have these facilities received state or local If not, attach a letter granting permission from

k. approval?
Describe existing treatment facilities.
i. the owner.
Will a disposal area be available for future
maintenance?? _ yps
If so, where? at nro jPc*- site
j. Does the disposal area include any marshland,
1. _
Describe location and type of discharges to swamplland,!or water areas? nn
waters of the state (for examplersurface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industrial/commercial high water? no
effluent, or "wash down"). 1. Amount of fill in cubic yards 27, 75n
m. Type of fill material r o & Pra i g n i i
_ n. Source of fill material i nteri nr nanal
M. _
Water supply source o. Will fill material be placed on marsh or other
n. If the project is oceanfront development,
describe the steps that will be taken to main-
p. wetlands? nn
Dimensions of the wetland to be filled --
tain established public beach accessways or pro q. How will excavated or fill material be kept on
vide,-.new: access. site and erosion.,..99ntz9lldr
. ... .. Z1 5A S?-n?p.-.ePPtiPfl t7;"f`1r r?rP-' ars'A feicni,e ..
o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragline, backhoe, or
first habitable floor? hydraulic dredge)? hnekhnP, hul i r1n7.Pr
'!??? _t s. Will wetlands be crossed in transporting equip-
°?' 5= ment to the project site? If yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava- vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty) Dike
Fill placed in
wetland or below
MHW
Upland fill
areas
1 - ] - •R>R .M.. fey-}..; f -
Base 24'
141692' Top 10 3'
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water,
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead-material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2
s A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
In addition to the completed application form, the none
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.
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.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 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 Cotes of Etglinieeta rrprd-
ing that agency's use of larger drawings.) A site or
location map is.a part of plat :requirements and it
must be,.a ffic, ly era eclvt xguid agericy;ger ;w -_
x,
sonnel urdamiliar-with -the° area to dw`st . Inctude
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-
ments 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 Himan Lupton
Address Box 78C. Lowland, N. C. 28552
Name Aaron G. Valis
Address 4649 Hollerbrook Dr.
Charlotte, N. C. 28212
Name Earl :and Patsy Sadler
Address Box 35. Lowland. N. C. 28552
H. Arthur Lovett
Rt. 4, Box 574
Quetman, Ga. 31643
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' l to 10).
Pst?it iuwd is tense-? •tl?ia sicetion
will allow only the development described in the
application.-The project will be subject to condi-
tiofis=aiid'restricttofs contained in the penwit_.
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 1 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.
C
This, list he day of ,
19
Z
-
Landownpf or Authorized agent
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.
Reviewing agencies may contact Steve Thomas,
202 Bachelors Creek Lane, New Bern 28560
919-636-2927 for addi.tional information
or on-site inspection.
L IfAUfORi COU//IV, ?
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AREA KOCATION MAP
RAY E. McCOTTER
PROPOSED CRAYFISH IMPOUNDMENT
PAMLICO CO.

? COMM ROAD HUMANS,
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PROJECT SITE
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April 18, 1988
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RAY E. McCOTTER April 18, 1988
PROPOSED CRAYFISH IMPOUNDMENT
PAMLICO COUNTY
YDIXON CREEK
GOOSE CREEK
rP
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LEGEND:
BOUNDARY LINE - • - • -
LOCATION OF DIKE - - - - - - -
INTERIOR OF IMPOUNDMENT1\\\?
SCALE: 1" = 1320 ft.

(LAND
1i
LOCATION OF FRESHWATER WELL O
LOCATION OF FLASHBOARD RISERS OO
MENT OF AGRICULTURE 1" = 1320
>ERVATION SERVICE APPROX. SCALE
P E R A T I N G WITH
'RAL EXPERIMENT STATION USDA-SCS-FONT WORTH. TEXAS
ADVANCE COPY - SUBJECT TO C'
SOIL SURVEY FIELD SHiyEl
PAMMLICO COUNTY, NORTH CA
SURVEY HAS NOT BEEN COMPILED NOR COARE
MAY BE CHANGED AND AREAS MAY BE C
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers Z.
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Post Office Box 1890 c
Wilmington, North Carolina 28402-1890 p /
`
SAWC088-N-069-0330 July 7, 1988 %-Vl%
PUBLIC NOTICE
MR. RAY E. MCCOTTER, 50 Shoreline Drive, New Bern, North Carolina 28560,
has applied for a Department of the Army permit TO PLACE EXCAVATED MATERIAL IN
WETLANDS ADJACENT GOOSE CREEK, EASTHAM CREEK AND THE ATLANTIC INTRACOASTAL
WATERWAY (AIWW), TO ESTABLISH A CRAYFISH IMPOUNDMENT, NEAR LOWLAND, Pamlico
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 proposed excavation of a borrow canal and construction of a
dike to establish an impondment with a perimeter of approximately 14,700
linear feet. The dike would have a base width of 24 feet, a top width of 10
feet and a height of 3 feet. Dimensionally, the parallel borrow canal would
be-_;aan,approximate inversion of the dike. Approximately 27,750 cubic yards of
material would be handled.:by,backhoe_and dozer. Two f resh water wells and
riser structures would be eat-ablist d to c6ntee.1 water.-elevations. Erosion
and sedimentation control measures are to be employed. the purpose, of;-?Vhe
work is to establish a crayfish pond for commercial aquaculture. 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 is being reviewed for the applicability
of the issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
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.
•14
-2-
: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 and flood plain values (in accordance with Executive Order
11988), 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.
I
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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
July 29, 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 July 25, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
August 8, 1988, or telephone [phone].
Y,
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AREA KOCATION MAP I f
RAY E. McCOTTER
PROPOSED CRAYFISH IMPOUNDMENT
PAMLICO CO.
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RAY E. McCOTTER April 18, 1988
PROPOSED CRAYFISH IMPOUNDMENT
PAMLICO COUNTY
DIXON CREEK
GOOSE CREEK
LAND
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LEGEND:
BOUNDARY LINE - - -
LOCATION OF DIKE - - - - - - -
INTERIOR OF IMPOUNDMENT11\\?
SCALE: 1" = 1320 ft.

as
LOCATION OF FRESHWATER WELLD
LOCATION OF FLASHBOARD RISERS OO
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AGRICULTURE
SERVATI ON SERVICE APPROX. SCALE 1" - 1320 SOIL SURVEY FIELO SHQEI
SER
)PERATING WITH PAMLICO COUNTY NORTH CA
URAL EXPERRIMENT STATION ?uSDA•SCS•FOATWORTH. TEAS . ADVANCE COPY _ SUBJECT TO CH
ORAL EX
SURVEY -AS NOT BEEN COMPI?EO NCR COQQE_
r aE CN•NG CO .N0 AREAS +.a+ 9E :.

..... .. -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
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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 18, 1988
SUBJECT: File No. SAWCO88-N-069-0330
Mr. Ray E. McCotter
50 Shoreline Drive
New Bern, North Carolina 28560
Dear Mr. McCotter:

iAi Ay 2 3 .988
WATER "
I'MI ITT St -1.10 d
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On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (copy enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received May 12, 1988, for
Department of the Array authorization to place excavated material
in wetlands adjacent Goose Creek and the Atlantic Intracoastal
Waterway (AIWW), to construct a dike and establish a crayfish
pond, near Lowland in Pamlico County, N' 'h Carolina, indicates it
to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of
Coastal Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be informed regarding its furthe'r•
management. If there are no unresolved differences in State-
Federal positions or policies, the final action taken on your
application by the State will result in your receiving written
notice from us that your application is consistent with the
general permit and you may commence your activity. Only after
receiving such confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act has been
assigned No. SAWC088-N-069-0330 and will be coordinated by
Mr. Ernest Jahnke, who is available at telephone [phone].
Sincerely,
Charles t•;, ;10111:1
Chief, RegttlaCory Branch
Enclosure
e
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Copies Furnished (without egclosure):
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. William Mills
Water Quality Section
/ Division of Environmental
J 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. , Rush..°and Wild-life 8`6-rvi'de
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
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
t