Ver _COMPLETE FILE_19880617 (2)

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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 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 Cowal 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.
Sincerely,
Original Signed BY
WILLIAM C. MILLS
William C. Mills
Environmental Engineer
WCM/dkb
cc: Mr. Steve Benton, DCM
Mr. Jim Mulligan
Pollution Preaention Poys
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 ?J/L Q
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

r DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-028-0235
March 24, 1988
PUBLIC NOTICE
MR. JACK D. WHITE, Route 1, Box 310, 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 ALBEMARLE SOUND
TO CONSTRUCT A ROADWAY TO HIGH GROUND TO FACILITATE CONSTRUCTION OF A SINGLE
FAMILY DWELLING AND TO WATERS TO SUPPORT COMMERCIAL EEL FISHING ACTIVITIES,
KITTY HAWK, Dare County, North Carolina.
This public notice does not imply, on the part 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 onsite visits by a representative
of the Corps of Engineers. Plans submitted with the application show the
completed placement of fill material, marl, obtained from a high ground
source, in approximately 2,900 square feet of Spartina cynosuroides marsh, to
construct a 12-foot-wide access road. Previously, the applicant availed
himself of the authority provided by Nationwide Permit No. 14, for minor road
crossings, to provide initial access to his property. This recently
completed, new work extends his roadway and provides access to high ground for
construction of a single family residence and access to the waters of
Albemarle Sound for construction of an eel holding area. 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), 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
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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.
Written comments pertinent to the proposed work, as outlined
be received in this office, Attention: Ms. Alison Arnold, until
April 25, 1988, or telephone [phone].
above, will
4:15 p.m.,
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1, C. P. LEWIS, JR., CERTIFY THAT UNDER
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WAS DRAWN FROM AN ACTUAL FIELD LAND
SURVEY; THAT THE ERROR OF CLOSURE AS
CALCULATED BY LATITUDES AND DEPARTURES
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SCRIPTION LOT 422,E KITTY HAWK WO
TOWN OF KITTY HAWK
ATLANTIC TO
JACK PLAT FOR
DALE WH I TE
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SHIP

i 7UNTY OF DARE NORTH CAFOLINA
JEAN AND WIFE
W WHITE
C. P. Letitrs--SURVEYOR SURVEYED 08-07-86 PAV PLATTED 08-08-66MLW
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400 S. South Croatan Hwy ao 20' o o•
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P.O. Box 2228
1411 Devil Hills, NC 27948 [phone] SCALE: I= 40
REVISED.

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