19890090 Ver 1_Complete File_19890101

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor November 8, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. Vernon Edwards
117 Queens Colony High Road
Stevensville, Maryland 21666
Dear Mr. Edwards:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Driveway
Vernon Edwards
Canal Tributary to AIWW
New Hanover County
Attached hereto are two (2) copies of Certification No. 2399
issued to Mr. Vernon Edwards dated November 8, 1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Paul Wilms
Attachments
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Kr. William Mills
Mr. John Parker
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
New Hanover Coun
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 Mr. Vernon Edwards pursuant to an application filed on the
10th day of October, 1989 to construct a driveway to provide
access to a building area in Dolphin Bay Subdivision.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of a canal tributary to AIWW in conjunction with the
proposed driveway in New Hanover 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 25 NTU's or less are not
considered significant).
2. That silt fences and other erosion controls be in
place prior to any earthen movement in the area of
the wetlands.
3. That all fill material be from a clean upland
source, free of any toxic material.
4. That the side slope of the filled area be
stabilized with vegetation as soon as possible to
prevent erosion.
Violations of any condition herein set forth shall result in
revocation of this Certification. _
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
1
CERTIFICATION (cont.)
This the 8th day of November, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
94LLWA2
p. Paul Wilms, Director
WQC# 2399

A ?,a STATg u?
KJ 4 ! ?.

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett
William W. Cobey, Jr., Secretary Director
December 20, 1989
Lt. Colonel Thomas C. Suermann
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
J Y, R r 1 ,a ?;?c ' pL? %t
9
J?
Dear Colonel Suermann:If"
The State of North Carolina has completed its review F6el,*
consistency with the North Carolina Coastal Management Program
of Corps Public Notice number CESAWC089-N-065-0451 regarding a
permit application by Mr. Vernon Edwards to fill wetlands on
lot no. 57 in the Dolphin Bay Development south of Wilmington
in New Hanover County, NC.
Based upon our review we have determined that the
proposed project is consistent with the North Carolina Coastal
Management Program as currently approved under the Federal
Coastal Zone Management Act of 1972, contingent upon the final
issuance of a 401 Water Quality Certification by the North
Carolina Division of Environmental Management. Division field
staff have recommended 401 approval, although Certification
has not been issued as of this date.
The North Carolina Wildlife Resources Commission has
determined that the proposal is inconsistent with its current
guidelines for wetlands and aquatic habitat conservation and
has also stated its belief that the project violates the
Environmental Protection Agency's Section 404(b)(1) guidelines
in that it is not a water dependent activity. Even though we
have found the project to be consistent with our Program, we
urge the Corps to consider these opinions in its evaluation of
the project.
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Should you have any questions concerning our finding or
recommendations, please contact Dr. James Wuenscher, Division
of Coastal Management, at [phone].
Si cer ly,
Georg Everett
cc: NC Wildlife Resources Commission
NC Division of Environmental Management
NC Division of Coastal Management Wilmington Office
w
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: October 30, 1989
nn dp
lI ,'1 ?? ??'nJ l?
To: Bill Mills ? co
Planning Branch ?.
From: James H. Gregson
Wilmington Regional Office
I 1 V -Through: Preston Howard
Wilmington Regional Offic
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8910-D
COE Public Notice #CESAW-89-0451
Mr. Vernon Edwards
New Hanover County
PROJECT DESCRIPTION: Mr. Vernon Edwards has applied for a DOA
Permit to fill approximately 1,180 sq. ft. of wetlands adjacent a
canal off the AIWW in Dolphin Bay Subdivision to allow for the
construction of a 118 ft. by 10 ft. driveway to a high ground
building site.
ADJACENT WATER BODY: AIWW
CLASSIFICATION: SA
STATUS: OPEN
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require a 401 Certification and that
Certification should include the following conditions for the
filling of wetlands.
1. That silt fences and other erosion controls be in place
prior to any earthen movement in the area of the
wetlands.
2. That all the fill be from a clean upland source free
from any toxic material.
3. That the turbidity in the adjacent waters not exceed 25
NTU due to the project.
4. That the side slope of the filled area be stabilized
with vegetation as soon as possible to prevent erosion.
8910-D.OCT
Page Two
Although 1,180 sq. ft. of vegetated wetlands will be lost
due to the project, if the above conditions are adhered to
adverse impacts to water quality should be minimal.
JHG:8910-D.OCT
cc: DCM - Stephen Benton
WiRO, CF
?/ gyp, o r0wi?--, -,
c
4 t OCT 11 1989
OFFICE OF COASTAL PO MAGC PCNI
WlLf4lNGT0f4 REGIO"JAI. OFFICE
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 10/04/89 George T. Everett
William W. Cobey, Jr., Secretary Director
Mr. Jim Gregson
NC DEH&NR
Div. Environmental Management
7225 Wrightsville Avenue
Wilmington, NC 28403
REFERENCE: CESAW-89-0451
Applicant/Sponsor: Mr. Vernon Edwards
Fill Wetlands Adjacent Canal off AIWW, Dolphin Bay Development
Dear Mr. Gregson:
The attached U.S. Army Corps of Engineers Public Notice, dated
09/28/89 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 10/25/89.
4 Si re y,
Ste 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 Foual Onnorrunity Affirmative Accinn Fmnlnver
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAWC089-N-065-0451 September 28, 1989
PUBLIC NOTICE
MR. VERNON EDWARDS, 117 Queens Colony High Road, Stevensville, Maryland,
21666, has applied for a Department of the Army (DOA) permit TO FILL
APPROXIMATELY 1,180 SQUARE FEET OF WETLANDS ADJACENT A CANAL OFF THE AIWW, AT
LOT NO. 57, IN THE DOLPHIN BAY DEVELOPMENT, SOUTH OF WILMINGTON, IN NEW
HANOVER 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 the proposed private, single family dwelling is to be
constructed on high ground. The 118-foot by 10-foot driveway is proposed to
cross vegetated wetlands from an existing cul-de-sac, Sea Robin Court, to the
building site. The purpose of the work is to construct a driveway to a high
ground building site. 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
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
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.
-2-
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 requested DOA permit will be denied if any required State or local
authorization and/or certification is denied. No DOA 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, based on available information, is not aware that
the proposed activity will 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
-3-
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 DOA permit will not be made
until the North Carolina Division of Environmental Management (NCDEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The NCDEM 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 DOA permit serve as application to
the NCDEM 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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after October 23, 1989.
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 October 19, 1989, 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.,
October 30, 1989, or telephone [phone].
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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 requested DOA permit will be denied if any required State or local
authorization and/or certification is denied. No DOA 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, based on available information, is not aware that
the proposed activity will 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

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAWC089-N-065-0451 September 28, 1.9'$-9y
PUBLIC NOTICE
MR. VERNON EDWARDS, 117 Queens Colony High Road, Stevensville, Maryland,
21666, has applied for a Department of the Army (DOA) permit TO F LL
APPROXIMATELY 1,180 SQUARE FEET OF WETLANDS ADJACENT A CANAL OFF HE AIWW, AT
LOT NO. 57, IN THE DOLPHIN BAY DEVELOPMENT, SOUTH OF WILMINGTON, IN NEW
HANOVER 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 the proposed private, single family dwelling is to be
constructed on high ground. The 118-foot by 10-foot driveway is proposed to
cross vegetated wetlands from an existing cul-de-sac, Sea Robin Court, to the',
building site. The purpose of the work is to construct a driveway to a high
ground building site. 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
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
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.

June 30, 1989
Department of the Army.;
Wilmington Dist-,Corps of Engineers
P.O. Box 1890
Wilmington, N.C. 28 102-1 1390
RE: Lot 57
DOLPHIN 13AY
Hanover Co.
Mr. Charles W. Hollis, Chief Regulatory Branch
Dear Sir:
On April 6, 1989, Mr. Hugh Heine of your staff met with my
realtor, Mr. Peter Haswell, on my Lot 57 at Dolphin Bay.
A survey of non-tidal wetlands which was delineated by your
staff and furnished to your office.
We wish to construct our family home on this property in the
next year, and request that you personally give our submittal
for a "Letter of Permission" to place a minimum amount of porous
fill on the defined wetlands for access to construct our home,
and a permanent driveway for ingress and egress to the home,,as
community convenants prohibit parking on the streets.
We have a substantial investment in this property which we can
not afford to loose. When we purchased the property in 1981
for $30,000. there were no restrictions on grading or filling
of our lot. The low ground created on my property was caused
by the construction of the roads and the filling of adjacent
lots for construction of houses. The developer is broke, the
builder is gone and we are left with a problem to solve.
In my opinion, the wetlands defined on our property are too dry
to be considered "wetlands" in the traditional meaning of the word.
This area does not provide significant habitat, water quality or
other environmental benefits. A residential developed community
with paved streets, street lights, a sewage tr fitment plant and
houses constructed, should not be penalized to live in an
environment with an overgrown slightly depressed lot, who's
only function would be to breed mosquitoes.
We feel that your common sense review of our permission request
will result in a favorable reply.
Thank you for your consideration to our request.
Sincerely?u
Vernon G .?.?Edw
117 Queens 'Co
Stevensville,
rs,
ds
ny highroad
Md. ? 1 666

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Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects. i•
1 APPLICANT
a. Name ?n? G ?1 e 5
Address
Ciry'5TEL rtikJlr-tF State ?r *t\J p
Zip Day phone 20Z- - 2/ 7
-? Landowner or Authorized agent
b. Projeft name (if any)
1? tl ? HvNI L
c. If the applicant is not the landowner, also give
the owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
1.,:?T 5 7 7 Ga TZn 011,3 c-r
b. City, town, community, or landmark
7 K) '
c. County Eltil ? AN 6?1 t? ( n
d. Is proposed work ithin city limits or planning
jurisdiction?
e. Name of body of water nearest project
d. Describe the planned use of the project
M _." M
L-IJIiJ6r ?ff1IG;-- EMCJ
4 LAND .-AND WATER .?=
CHARACTERISTICS
a. Size of entire tract k;,n)4 4-(?e ac's
b. Size of individual lot(s) 4of 4 4(1--
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 5
d. So'l type(s) and texture(s) of tract 5A J E7> ---
S?ntp? Gt_?.?/
e. Vegetation on tract ? Lorz:UE "r?2E?-5
u N ??L ?, ?z?, s rI 1/7 0 t?'r
f. Man-made features now on tract
IJ0 JE -DITCW C?.SfM ?.1T
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed V" Community
Rural Other
h. How is the tract zoned by local government?
O1J E SAM I L? Pt-r, lam. n"1 L -
i. How are adjacent waters classified? v0 w "?
j. Has a professional archaeologgical survey bee
Tc-
carried out for the tract? No-,
If so, by whom?
5 UPLAI?M DEVELOPMEN
Complete dliscq t" if the project includes any
upland deve1 {{
m
Type and num
er of buildings, facilities, or
structures pro sed

Number of lot or parcels _
Density (Give he number of residential units
and the units ec acre.)
Size of area to e graded or disturbed
If the proposed project will disturb more than
one acre of la d, the Division of Land
Resources mus receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing acti ity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to e Division of Land Resources?
Give the perc tage of the tract within 75 feet
of mean high ater to be covered by im-
permeable surf es, such as pavement,
a.
3 . DESCRIPTION AND PLANNED,
.:..-. USE OF PROPOSED PROJECT
b.
a. Describe all development activities you propose c.
(for example, building a home, motel, marina,
bulkhead, or pier).
d.
? c.T t or.? o? G?
P)LL)L e.
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 profIct, new work, or both?
?rh1 Ur>
c. Will the project be for community, private, or
commercial use? f.
Q

buildings, or ftops,
.i
g
h.
t.
List the materials, such as marl, paver stone,
a3phalt, or concrete, to be used for paved
surfaces.
If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
Describe proposed sewage disposal and/or waste
water treatment faciligies.
i. Have these facili e m cc
approval?
k. Describe existin a tm?
state or local
faciiities.
1. Describe location Ind type of discharges to
waters of the state (for examplersurface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
M. Water supply source
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basis:
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetlari er-b Gw
Upland fill
areas
b. Amount of material to excavated from
below water level in c is yards
c. Type of material
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands?
e. High ground excavateo in cubic yards
f. Dimensions of 'spoil dis osal area
g. Location of spoil dis sal area
h. Do you claim title to the/ disposal area?
k
lira
J n.
o.
J P.
q•
I
?r
\a11
If not, attach a letter /Ang permission from
the owner. Will a dispo1ba ilable for future
maintenanceIf so, where?
Does the disude any marshland,
swamOland,'Will the fill aced below mean
high water?
Amount of yards 7Q
Type of fill materWG S'7Di?E
Source of fill material Z 01'4 ScJPPL/E?-
Will fill materia l be placed on marsh or other
wetlands? IYO d 71?lL L C 1"-AA4
Dimensions of the wetland to be filled /O x!!
How will excavated or fill material be kept on
site and erosion controlled? Ap??o%U/ A16
f E1//0)-,Z->,/
.t6 ./,- /LL A. ,
What type.of construction equipment will be
used (for example, dragline, backhoe, or
hydra lic dredge)?
L Le
s. Will wetlands be crossed i transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental im acts. i / r lG
i'Vll1 PtF ?ist7? r7G F=X 1ST/ / T
n/6
Gr a
7p -1
_r6 324& 1
Tb
7 S ORELINE STABILIZATION
a. Le gth of bulkhead or riprap
b. A erage 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
t
:8" ADDITIONAL`,{INFORMATION
In addition to the completed application form, the
following items must be submitted:
?A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
J An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x I1 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a pan of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIT
SION TO ENTER ON LANIM
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
1 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.
A list of the names and complete addresses of the I further certify that I am authorized to grant, and
adjacent waterfront (riparian) landowners. These do in fact, grant permission to representatives of
individuals have 30 days in which to submit com- state and federal review agencies to enter on the
ments on the proposed project to the Division of aforementioned lands in connection with
Coastal Management. The applicant must advise e-raluating information related to this permit ap-
the adjacent landowners of this op, _ tunity by sen- plication and follow-up monitoring of project.
ding a copy of the permit application to them by Tr?
This is the (15 day of --a ??
registered or certified mail. This notification is re-
quired by G.S. 113-229(d). 19
Name X
ent
Address Landowner or *Authizeedd-
Name Send the completed application materials to the
Address Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
Name map on the inside front cover for the appropriate
Address DCM office and addresses and phone number.
3
DIVISION OF
COASTAL
FIELD OFFICES
Washington
Box 1507
1424 Carolina Avenue
Washington, N.C. 27889
[phone]
Wilmington
7225 Wrightsville Avenue
Wilmington, N.C. 28403
[phone]
Raleigh Central Office
N.C. Department of Natural Resources and
Community Development
512 N. Salisbury Street
Box 27687
Raleigh, N.C. 27611.7687
[phone]
Elizabeth City
108 South Water Street
Elizabeth City, N.C. 27909
[phone]
Morehead City
Box 769
3411 Arendell Street
Morehead City, N.C
[phone]
1-800.682-2632
U.S. Army Corps of Engineers
Wilmington District
Box 1890
Wilmington, N.C. 28402
[phone]
MANAGEMENT
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 6, 1989
SUBJECT: File No. CESAW-C089-N-065-0451
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
C.
Enclosed is the application of Mr. Vernon Edwards for Department of the
Army authorization and a State Water Quality Certification to place fill
material in wetlands adjacent a canal off the Atlantic Intracoastal Waterway
(AIWW), Dolphin Bay, south of Wilmington, New Hanover 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 November 27, 1989, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeffery Richter, telephone
[phone].
Sincerely,
G. Wayne Wright
Acting Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
r+ ?i`l
vvT ??

June 30, 1989
Department of the Army
Wilmington Dist.,Corps of Engineers
P.O. Box 1890
Wilmington, N.C. 28902-1.890
RE: Lot 57
DOLPHIN BAY
Hanover Co.
Mr. Charles 11. Hollis, Chief Regulatory Branch
Dear Sir:

On April 6, 1989, Mr. Hugh Heine of your staff met with my
realtor, Mr. Peter Haswell, on my Lot 57 at Dolphin Bay.
A survey of non-tidal wetlands which was delineated by your
staff and furnished to your office.
We wish to construct our family home on this property in the
next year, and request that you personally give our submittal
for a "Letter of Permission" to place a minimum amount of porous
fill on the defined wetlands for access to construct our home,
and a permanent driveway for ingress and egress to the home,,as
community convenants prohibit parking on the streets.
We have a substantial investment in this property which we can
not afford to loose. When we purchased the property in 1989
for $30,000. there were no restrictions on grading or filling
of our lot. The low ground created on my property was caused
by the construction of the roads and the filling of adjacent
lots for construction of houses. The developer is broke, the
builder is gone and we are left with a problem to solve.
In my opinion, the wetlands defined on our property are too dry
to be considered "wetlands" in the traditional meaning of the word.
This area does not provide significant habitat, water quality or
other environmental benefits. A residential developed community
with paved streets, street lights, a sewage tr ltment plant and
houses constructed, should not be penalized to live in an
environment with an overgrown slightly depressed lot, who's
only function would be to breed mosquitoes.
We feel that your common sense review of our permission request
will result in a favorable reply.
Thank you for your consideration to our request.
Sincerely furs,
Vernon G. Edw\-ds
1.17 Queens Cny Highroad
Stevensville, Md. :1666
e0o
?OR ?5,?
GO
1 of ??
er
c`u`e
C0.4 1
?• a ti o
r ? 'L 9 0
G 5.
e?
? G' va??c`1 titi5 `meal
axec 4 ,1h3' ce?? tli- •?r
ICIC5
C' co sec c
erc 1 6;1 e?a?r Q of O E %9q
ate l` ? o cs
?o?, rocs aye
?• ?e`? ? Q•P',
?aqv%GS.??' ep
efi aa`e`,a` .`r?o
G. ?CNc`?13` she .,4
lt4
?a?G?ao ?p of ca ot ?.?? a`ec sec
eon Se eat .y.1
ra?e? ache ? e Gear ?
CPo ?o` of ?r?`ree
E 'CO
p'`? `s?or eQacLr a ??`?Jr SeG??or 00
G O ceS a? L . 5 'Lor
`o
?O?
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-.
plicable). Items 1-4 and 8-9 must be completed for
all projects. 1:•
J 1 --APPLICANT _:..
a. Name Y n? `i 5
Address i -7 y ??`? 'S Co lc `
City`5?j"\IiL_LE State MALz
Zip 216?? Day phone 202- -2-197
-? Landowner or Authorized agent
b. Proje?t name (if any)
c. If the applicant is not the landowner, also give
the owner's name and address.
2. LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
L,-ir 57 7 G A TZ6 e u,3 GT .
b. City, town, community, or landmark
vim, 1
C. County NaJ 4 V Etzm- ( /n.
d. Is proposed work .\y ithin city limits or planning
jurisdiction? YES
e. Name of body of water nearest project
3 DESCRIPTION AND PLANNED,
:?:_ -USE OF PROPOSED PROJECT
d. Describe the planned use of the project
Irtki
L 1C 'i?
'f-r..Y1 f lam. 'F v
?- L"AND .AND WATER = L1
CHARACTERISTICS
a. Size of entire tract
aG
b. Size of individual lot(s)_t,1014
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 5-S'
d. So'I type(s) and texture(s) of tract 5A nJ ? :5
`? S}+.l.?P?-I GLAD/
e. Vegetation on tract 69 LarLGE ?tti2E?5
UAJDaYlL 80Jsr1 V or= L1?T
f. Man-made featµres now on tract
!in N3 E' T ?TC. w ca.S?M l3?1T
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed ?- Community
Rural Other
h. How is the tract zoned by local government?
Q 1J C_ TA M I L-1 f? 1 fJ??3Tl L-
i. How are adjacent waters classified? v O
j. Has a professional archaeological survey bee
carried out for the tract? No T(D
If so, by whom?
5 UPLAIJI? DEVELOPMENT„' '
n d
Type and num I
er of buildings, facilities, or
structures pro sed

Number of to or parcels _
Density (Give he number of residential units
and the units et acre.)
Size of area to a graded or disturbed
If the propos project will disturb more than
one acre of 1 d, the Division of Land
Resources mus receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing acti ity begins. If applicable, has a
sedimentation and erosion control plan been
submitted tot a Division of Land Resources?
Give the perc tape of the tract within 75 feet
of mean high ater to be covered by im-

permeable surf t
;4es, such as pavement,
Complete Ail c if the project includes any
upla d d 1 m
a.
b.
a. Describe all development activities you propose c.
(for example, building a home, motel, marina,
bulkhead, or pier).
CT t o,.2 0Ef d.
D t-? U 'G1t iy1 L_ E7 uJ LLl _ I N C?1 e.
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 proj ct, new work, or both?
rte 1 W o E?-, \e-
c. Will the project be for community, private, or
commercial use? f.
D
buildings, o5.16oftops.

g. - List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
i. Describe proposed sewage disposal and/or waste
water treatment faciligies.
j. Have these facili e r ce' ed state or local
approval?
k. Describe existin e tmArt faciiities.
1. Describe location And type of discharges to
waters of the state (for examplersurface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
M.
n.
Water supply source
If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
0
If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
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)
Fill laced in
wetlan eF-belaw
Upland fill
areas
10. 1 i l i a i
b. Amount of material to.,
below water level in c
c. Type of material
d. Does the area to be exc
land, swamps, or other
e. High ground excavatioi
f. Dimensions of spoil dis
g. Location of spoil disp?
h
m
J
f n.
o.
J p.
q•

)P
excavated from
c yards
Lvated include marsh-
wetlands?
, in cubic yards
osal area -
al area
Do you claim title to tt disposal area?
If not, attach a letter ring permission from
the owner. /
Will a disposal area be vailable for future
maintenance??
If so, where?
Does the disposal area nclude any marshland,
swampland,'or water ar s?
Will the fill material b • placed below mean
high water?
Amount of fl in cu is yards '7'O
Type of fill material eIZO5W X672-)
Source of fill material ' ^j°^ L
Will fill material be placed on marsh or other
wetlands? /ti/^N 71 12AL WG? 4:6
Dimensions of the wetland to be filled /D,X!!f3 ?
How will excavated or fill material be kept on
site and erosion controlled? AVi7CIi 11 tiCy
Rey /O SL
What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? --',V99
s. Will wetlands be crossed i transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental im acts. 2*4,7- 2e cr46,0G
aAI ,AL
GT
7 S ORELINE STABILIZATION
a. Le gt of bulkhead or riprap
b. A jrage distance waterward of mean high water
11
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
B ;ADDITIONALIN'FORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
)other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
J 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 Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this op,- _,.tunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name_
Address
Name
Address
Name_
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement bn the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISS'
SION TO ENTER ON LANI3 r;. ,;ti
Any permit issued in response.to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
,
This is the ( 15 TV, day of -7),
19145-Sp . Z-1-1 -1f:3
X
Landowner or Auth ized 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.
3
DIVISION OF
COASTAL
FIELD OFFICES
Washington
Box 1507
1424 Carolina Avenue
Washington, N.C. 27889
[phone]
Elizabeth City
108 South Water Street
Elizabeth City, N.C. 27909
[phone]
Street
. N.C. 28557
Wilmington
7225 Wrightsville Avenue
Wilmington, N.C. 28403
(919) _256-4161
Raleigh Central Office
N.C. Department of Natural
Community Development
512 N. Salisbury Street
Box 27687
Raleigh, N.C. 27611-7687
[phone]
U.S. Army Corps of Engineers
Resources and Wilmington District
Box 1890
Wilmington, N.C. 28402
[phone]
MANAGEMENT
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAWC089-N-065-0451
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September 281 109`
PUBLIC NOTICE
MR. VERNON EDWARDS, 117 Queens Colony High Road, Stevensville, Maryland,
21666, has applied for a Department of the Army (DOA) permit TO FILL
APPROXIMATELY 1,180 SQUARE FEET OF WETLANDS ADJACENT A CANAL OFF THE AIWW, AT
LOT NO. 57, IN THE DOLPHIN BAY DEVELOPMENT, SOUTH OF WILMINGTON, IN NEW
HANOVER 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 the proposed private, single family dwelling is to be
constructed on high ground. The 118-foot by 10-foot driveway is proposed to
cross vegetated wetlands from an existing cul-de-sac, Sea Robin Court, to the
building site. The purpose of the work is to construct a driveway to a high
ground building site. 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
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
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.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAWC089-N-065-0451
PUBLIC NOTICE

September 28,
MR. VERNON EDWARDS, 117 Queens Colony High Road, Stevensville, Maryland,
21666, has applied for a Department of the Army (DOA) permit TO FILL
APPROXIMATELY 1,180 SQUARE FEET OF WETLANDS ADJACENT A CANAL OFF THE AIWW, AT
LOT NO. 57, IN THE DOLPHIN BAY DEVELOPMENT, SOUTH OF WILMINGTON, IN NEW
HANOVER 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 the proposed private, single family dwelling is to be
constructed on high ground. The 118-foot by 10-foot driveway is proposed to
cross vegetated wetlands from an existing cul-de-sac, Sea Robin Court, to the
building site. The purpose of the work is to construct a driveway to a high
ground building site. 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
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
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.

-2-
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 requested DOA permit will be denied if any required State or local
authorization and/or certification is denied.' No DOA 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 absencelof 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, based on available information, is not aware that
the proposed activity will 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
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-3-
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 DOA permit will not be made
until the North Carolina Division of Environmental Management (NCDEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The NCDEM 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 DOA permit serve as application to
the NCDEM 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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after October 23, 1989.
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 October 19, 1989, 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.,
October 30, 1989, or telephone [phone].
WMI IIVIIOOM?NIC/ 701140

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