19890153 Ver 1_Complete File_19890123

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 27, 1989
SUBJECT: File No. CESAW-C089-N-016-0108
Mr. Jerry E. Lawrence
Cap'n Josh's Dry Storage and Tool
Rental, Incorporated
Post Office Box 598
Beaufort, North Carolina 28516
Dear Mr. Lawrence:

L
In accordance with the written request of December 12, 1988, and the
ensuing administrative record, enclosed is a permit to authorize the placement
of fill material in wetlands adjacent Back Sound/The Straits, Harkers Island,
Carteret County, North Carolina.
If any change in the authorized work is required because of unforeseen or
altered conditions or for any other reason, the plans revised to show the
change must be sent promptly to this office. Such action is necessary as
revised plans must be reviewed and the permit modified.
Please carefully read your permit. The general and special conditions are
important. Your failure to comply with these conditions could result in a
violation of Federal law. Certain significant general conditions require
that:
a. You must complete construction before December 31, 1992.
b. You must notify this office in advance as to when you intend to
commence and complete work.
C. You must allow representatives from this office to make periodic
visits to your worksite as deemed necessary to assure compliance with permit
plans and conditions.
The enclosed Notice of Authorization, ENG Form 4336, must be conspicuously
displayed at your worksite.
Sincerely,
Thomas C. Suermann
Lieutenant Colonel,
Corps of Engineers
District Engineer
__1
Enclosures
-2-

41
Copy Furnished with enclosures:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510
Copies Furnished with special conditions and plans:
Ms. 11. K. (Mike) Gantt, Field
Supervisor
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 Service
Post Office Box 570
Beaufort, North Carolina 28516
Mr. Robert F. McGhee, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
orth Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
h0*40- -;
4, Jf you sell the property associated with this permit, you must obtain the signature of the new owner in the spare provided
and forward a copy of the permit to this office to validate the transfer of this authorization,
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
a. To compensate for the loss of the palustrine scrub-shrub wetlands, the
perm.ittee will fully comply with the mitigation plans developed in coordination with
the North Carolina Wildlife Resources- Commission and the U.S. Fish and Wildlife
Service (see permit plans, Sheets 4 of 5 and 5 of 5). This mitigation, which
provides for 2 to 1 replacement of wetlands, will be accomplished in strict
accordance with attached plans within 90 days of the date of this permit.
b. The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction-related
discharge. Increases such that the turbidity in the waterbody is 25 NTU-s or less
are not considered significant.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U,S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2, Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest,
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
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STAPE °
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 July 6, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. Jerry Lawrence, President
Cap'n Josh's Dry Storage and
Tool Rental, Inc.
Post Office Box 598
Beaufort, North Carolina. 28516
Dear Mr. Lawrence:
Subject: Certification Pursuant to Section 401
of the Federal Clean Water Act,
After-the-fact Fill in Wetlands
Cap'n Josh's Dry Storage and
Tool Rental, Inc.
Carteret County
Attached hereto are two (2) copies of Certification No. 2358
issued to Cap'n Josh's Dry Storage and Tool Rental, Inc., dated
July 6, 1989. This Certification is issued with the condition
that the Mitigation Plan be implemented as submitted. This
Certification replaces the denial of Certification issued on May
18, 1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
JKIGiNAL ?I?iIVc(J EJY
R. PAUL WILMS
R. Paul Wilms
Attachments
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. John Parker
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Cap'n Josh's Dry Storage and Tool Rental, Inc. pursuant to an
application filed on the 18th day of December, 1988 to fill a
wetland area for a construction site for a commercial dry storage
building.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Back Sound in conjunction with the proposed storage
building in Carteret 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 the Mitigation Plan dated June 14, 1989 for
restoration of a portion of the disturbed site be
implemented.
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.
This the 6th day of July, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ORIGINAL 61GNED BY
R PAUL WILLS
R. Paul Wilms, Director
WQC## 2358 5
7-1 ZGL/'l
tIVO r GAS
HENRY VON OESEN AND UgRQj466TESA?jtj
CONSULTING ENGINEERS
AND PLANNERS Telephone [phone]
805 NORTH THIRD STREET P.O. DRAWER 2087 WILMINGTON, NORTH CAROLINA 28402
IN 29 1989
ie U i „a p
June 21, 1989°T;r ° a r
WATE.5
y
SEA 1989
JUN wU
Mr. Charles R. Wakild ADMINISTRATIVE SERVICES
N. C. Division of Env. Management MOURCE MANAGEMENL
P. O. Box 27687
Archdale Building
512 North Salisbury Street
Raleigh, NC 27611-7687
Re: Cap'n Josh's Dry Storage
Harkers Island
Carteret County
Dear Mr. Wakild:
As we discussed, the owner will file a request for a hearing
to hopefully revise the 401 Certification denial. We have met
with John Dorney on the site and thought we had worked out an ac-
ceptable mitigation plan for this project. After you have had an
opportunity to review the mitigation plan with Mr. Dorney, please
contact me so we can discuss our next step.
Sincerely yours,
HENRY VON OESEN AND ASSOCIATES, INC.
r
David E. Criser, P. E.
DEC/ GGB
cc: Mr. Jerry Lawrence

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WANTS TO SEE YOU URGENT
RETURNED YOUR
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N. C. Dept, of Natural Resources and Community Development
ACTION
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? Note and see me about this ? For. your Information
? For your approval ? Prepare reply' for my signature
?'Per our conversation ? Prepare information for me to reply,
-? Per your :request ? Please: answer, with copy: to me
'Return with. more, details-: , 171-To be.Jiled '
?,tsrgrEa DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
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e. STATE q,
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 May 18 , 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry Lawrence, President
Cap'n Josh's Dry Storage.and
Tool Rental, Inc.
P.O. Box 598
Beaufort, North Carolina 28516
Subject: Application for Water Quality Certification
After-the-fact Permit
Cap'n Josh's Dry Storage and Tool Rental
Harkers Island
Carteret County
Dear Mr. Lawrence:
This Division received your application for Water Quality
Certification under Section 401 of the Federal Clean Water Act on
December 18, 1988. The application requests after-the-fact
approval of the placement of fill materials in a wetland area
adjacent to Back Sound at Harkers Island. The fill is for the
purpose of preparing the area for construction of a commercial
dry-storage building. Issuance of a Water Quality Certification
by this Division must be based upon a reasonable assurance that
the activity is not expected to result in violations of Water
Quality Standards applicable to the surface waters which may be
affected.
A specific concern for impacts upon water quality on this
project relates to the loss of important uses of these wetland
areas. Wetlands serve essential functions, such as purification
°of surface waters and groundwater recharge. Filling of these
areas eliminated these uses. Such a loss of use is inconsistent
with the Antidegradation Statement of the Environmental
Management Commission's Water Quality Standards. Because of
these water quality standard violations, I have determined that
your application for Water Quality Certification should be
denied.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Jerry Lawrence
May 18, 1989
Page Two
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request in thirty (30) days
following receipt of this denial. This request must be in the
form of a written petition, conforming the Chapter 150B of the
N.C. General Statutes, and filed with the office Administrative
Hearings, P.O. Drawer 11666, Raleigh, NC 27604. Unless such
demands are made, this denial shall be final and binding.
If you have
contact Mr. Bill
RPW:BM/kls
any questions concerning this
Mills at 919/733-5083.
Sincerely,
i`
R. Paul Wilms
cc: Steve Tedder
Dennis Ramsey
Wilmington Regional Office
George Everett
matter, please
r
any scarf (Y
yy NwY m.?
awM

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 May 18 , 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry Lawrence, President
Cap'n Josh's Dry Storage and
Tool Rental, Inc.
P.O. Box 598
Beaufort, North Carolina 28516
Subject: Application for Water Quality Certification
After-the-fact Permit
Cap'n Josh's Dry Storage and Tool Rental
Harkers Island
Carteret County
Dear Mr. Lawrence:
This Division received your application for Water Quality
Certification under Section 401 of the Federal Clean Water Act on
December 18, 1988. The application requests after-the-fact
approval of the placement of fill materials in a wetland area
adjacent to Back Sound at Harkers Island. The fill is for the
purpose of preparing the area for construction of a commercial
dry-storage building. Issuance of a Water Quality Certification
by this Division must be based upon a reasonable assurance that
the activity is not expected to result in violations of Water
Quality Standards applicable to the surface waters which may be
affected.
A specific concern for impacts upon water quality on this
project relates to the loss of important uses of these wetland
areas. Wetlands serve essential functions, such as purification
°of surface waters and groundwater recharge. Filling of these
areas eliminated these uses. Such a loss of use is inconsistent
with the Antidegradation Statement of the Environmental
Management Commission's Water Quality Standards. Because of
these water quality standard violations, I have determined that
your application for Water Quality Certification should be
denied.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Jerry Lawrence
May 18, 1989
Page Two
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request in thirty (30) days
following receipt of this denial. This request must be in the
form of a written petition, conforming the Chapter 150B of the
N.C. General Statutes, and filed with the Office Administrative
Hearings, P.O. Drawer 11666, Raleigh, NC 27604. Unless such
demands are made, this denial shall be final and binding.
If you have
contact Mr. Bill
RPW:BM/kls
any questions concerning this
Mills at 919/733-5083.
1
Sincerely,
R. Paul Wilms
cc: Steve Tedder
Dennis Ramsey
Wilmington Regional Office
George Everett
matter, please
''?? J dta. 5rA7ZState 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 May 18, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry Lawrence, President
Cap'n Josh's Dry Storage and
Tool Rental, Inc.
P.O. Box 598
Beaufort, North Carolina 28516
Subject: Application for Water Quality Certification
After-the-fact Permit
Cap'n Josh's Dry Storage and Tool Rental
Harkers Island
Carteret County
Dear Mr. Lawrence:
This Division received your application for Water Quality
Certification under Section 401 of the Federal Clean Water Act on
December 18, 1988. The application requests after-the-fact
approval of the placement of fill materials in a wetland area
adjacent to Back Sound at Harkers Island. The fill is for the
purpose of preparing the area for construction of a commercial
dry-storage building. Issuance of a Water Quality Certification
by this Division must be based upon a reasonable assurance that
the activity is not expected to result in violations of Water
Quality Standards applicable to the surface waters which may be
affected.
A specific concern for impacts upon water quality on this
project relates to the loss of important uses of these wetland
areas. Wetlands serve essential functions, such as purification
.of surface waters and groundwater recharge. Filling of these
areas eliminated these uses. Such a loss of use is inconsistent
with the Antidegradation Statement of the Environmental
Management Commission's Water Quality Standards. ,Because of'
these water quality standard violations, I have determined that.
your application for Water Quality Certification should be
denied.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Jerry Lawrence
May 18, 1989
Page Two
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request in thirty (30) days
following receipt of this denial. This request must be in the
form of a written petition, conforming the Chapter 150B of the
N.C. General Statutes, and filed with the Office Administrative
Hearings, P.O. Drawer 11666, Raleigh, NC 27604. Unless such
demands are made, this denial shall be final and binding.
If you have
contact Mr. Bill
RPW:BM/kls
any questions concerning this
Mills at 919/733-5083.
Sincerely,
R. Paul Wilms
cc: Steve Tedder
Dennis Ramsey
Wilmington Regional Office
George Everett
matter, please
r. y? *4--
DIVISION OF ENVIRONMENTAL MANAGEMENT
MRMnP ANn7 iM
To: Bill Mills
Operations Branch
From: Donald Safr'
James H. Greg one
Wilmington Regional Office
Through: Preston Howard
Wilmington Regional 014 ce
R EC EIV ED
APR ?_ e 1989
?dA? Lic quALITY SECTIOi I
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8901-E
Mr. Jerry E. Lawrence,
Cap'n Josh's Dry Storage & Tool Rental, Inc.
Carteret County
PROJECT DESCRIPTION: Jerry E. Lawrence has applied for a D.O.A.
after-the-fact permit to authorize placement of 300 cubic yards of fill
material over 5,280 square feet of wetlands adjacent to Back Sound, to prepare
for the construction of a dry storage building.
The project has been reviewed to determine impacts to water quality. The
following comments are provided.
1. This office recommends denial of the 401 certification.
2. The 5,280 square feet of fill in Section 404 wetlands has resulted in
elimination of the essential functions that wetlands provide, including
purification of surface waters and groundwater recharge. As a result,
loses of wetlands may result in both direct and indirect degradation of
water quality. Therefore, in order for this office to recommend 401
certification the "lost" wetlands values must be replaced either through
restoration of previously altered wetlands or creation of new wetlands
(or other appropriate mitigation). Creation of new wetlands should be
required on a ratio of at least 1:1 (i.e., 1 acre new wetland for each 1
acre lost to filling).
3. . It is also recommended that the project be turned over to the COE and
that the COE should require mitigation on a ratio no less than 1:1
through restoration of previously altered wetlands, creation of new
wetlands, or other appropriate mitigation. If mitigation attempts fail,
the COE should undertake appropriate enforcement action for filling
without the necessary approvals.
DS:JHG:trw
cc: WiRO, CF
RECOVED
DEPARTMENT OF THE ARHY JAN 0
Wilmington District, Corps of Engineers
Post Office Box 1890 Wilmington Regional Offi@@
Wilmington, North Carolina 28402-1890 ^r_""
SNvIC089-N-016-0108 December 29, 1988
PUBLIC NOTICE
MR. JERRY E. LAWRENCE, Cap'n Josh's Dry Storage and Tool Rental,
Incorporated, Post Office Box 598, Beaufort, North Carolina 28516, has
applied for a Department of the Army after-the-fact permit TO AUTHORIZE THE
PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT BACK SOUND,/THE STRAITS,
HARKERS ISLAND, Carteret County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a `final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the completed placement of approximately 300 cubic yards of
fill material, sand from an upland source, in 5,280 square feet (0.12 acre) of
wetlands to prepare the area for construction of a 40-foot-wide, 80-foot-long,
commercial, dry-storage building. A larger area (0.46 acre) has been cleared
of vegetation, primarily shrub oaks and bays. 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.

-2-
d. The issuance of an easement to Fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-5, 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 requested Department of the Army permit 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, prehistorLcal, 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

-3-
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 DEAF for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
January 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 January 17, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
January 30, 1989, or telephone [phone].
9 Z -IF
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CAP'N JOSH'S-DRY STORAGE
AND TOOL RENTAL INC.
P.O. BOX 598
BEAUFORT, N.C. 28516
December 12, 1988
Mr. Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
P.O.Box 1890
Wilmington, N.C. 28402-1890
REGULATORY BRANCH
SUBJECT: File No. SAWC089-E-016-0087
Dear Sir:
In reference to the above captioned subject we are
enclosing an AFTER-THE-FACT application completed
as requested.
Also we are enclosing a copy of Carteret County
Map No-8-3E and a copy of the Plot Plan of the lot
in question.
We await your response concerning the outcome of
the improvements on the lot.
Very truly yours,
CAP'N JOSH'S DRY STORAGE
AND TOOL RENTAL, INC.
Jerry E. Lawrence-president
JEL/awg
enclosures:
lk--1x l
Arm
.:?.i VED
U C L' 1 3 198$
RLGULATORY BRANCH
Please type or print. Carefully describe all an- -•
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing?,, ar}d. IV ED
stormwater control. If the requested informa?iaW 111'
not relevant to your project, write N/A (not rr??
plicable). Items 1-4 and 8-9 must be complete`fZfr 3 988
all projects. Ai
REGULATO?Y CRAM
"IYAP?'IICANT t r, t? fi m r
b.
-- a. Name
Address
City R1nt Gef_+ State d.
Zip I Day phone
Landowner or Authori ed agent e.
b. Project name (if any) ?? _Jo<,
f.
c. If the pplicant is h& the landowner, also give
the owner's name and address. A/1
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
b. City, `t wri communit or andrr rk
c. County
d. Is proposed work within city limits or planning
jurisdiction? _+yy
e. Nam ?yfwatex arest roje t
3 DESCRIPTION AND' PLANNED;
USE. OF PROPOSED PROJECT
-a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead?or p' r).
t, - (J
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 pro' t, r`ew work, or both?
'.w
c. Will the project be for community, private, or
) .
commercial use?
/,4)

Describe the pla ned use c the r• j? r.
. c
JIB 'A?" M,':WATEI

Size of entire tract ?? ?) n?
Size of individual lot(s) ??A Mr-, -
Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
Soil t and texture,( of tract CC et 0 fJ 1Z
MA ?J? ?i;'?r.1 ?
Vegetation on tract
Man- ade features now op tract
What is the CA MA Land Us lan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation nsitional
Developed munity
Rural NOE er
How is .W e ract zoned by local government?
How are adjacent waters classified?
Has a professional archaeological survey been
carried out for the tract?
If so, by whom? -
/t-t) 5 UPLAND DEVELOPMENT``_, ` {S
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
stFuctue,?,proposed X 4• ?,%
b. Number of lot's or parcels -
c. Density (Give the number off residential units
and the units per acre.)
d. Size of area be g ded o dist ed 1C0 ?'
C,.ueC? G -.J J.Qr. c --
---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
subrr i?tted to/?the D, 'tvision pf Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pave ent,
buildings, or rooftops.

g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces. r
%4 !fix
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management? V
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
L Describe location and type of dis,charges to
waters of the state (for example?, surface 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 basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland o.bdiuW
A+fiw/
Upland fill
areas
b. Amount of material to be excavated from
below water level in cubic yards tJ
c. Type of material 0 1--t
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? r A O
e. High ground excavation, in cubic yard N !?..
f. Dimensions of spoil disposal area /"
g. Location of spoil disposal area tN
t
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be avlable for future
rnaintenance!? L
If so, where?
j. Does the disposal area include ay?y marshland,
swampiland,'or water areas? '1
.k. Will the fill material be placed below mean
high water?
1. Amount of fill in cubic ya ds
-gym. Type of fill material
---_n. Source of fill material ts.
_o. Will fill material be place on mars . ?r other
wetlands?
--- p: Dimensions of th wetland to be filled
q. How will excavated or fill material be kept o in
site anti` rosi controlled? /1 - 15 C, Lx.C ,,
-- What type of construction equipment will be
used (for example, dra line, b ckh or
hydraulic dredge)?

s. Will wetlands be crosse ransporting equip-
ment to the project sit If yes, explain
the steps that will be t' to lessen en-
vironmental impacts.
'"?07 SHORELINE STABILIZATION
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
s ?!

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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
December 23, 1988
SUBJECT: File No. SAWCO89-N-016-0108
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:
RECEIVED
8c C 2 8 1J'68
? "ATE,Q QUALITY SECTIOrq
0PER/;T10%iS P^ n.??.l
Enclosed is the application of Mr. Jerry E. Lawrence for
after-the-fact Department of the Army authorization and a State
Water Quality Certification to place fill material in wetlands
adjacent Back Sound/The Straits, Harkers Island, Carteret 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 February 23, 1989, the District Engineer will deem that waiver
has occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Jr s W. Ho is
hief, Regulatory Branch
Enclosure
_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

i o j ?11??8y'_ Al 016 061016 W5-,(xA6'
,4Y?
.:tl VED
CAP' N JOSH'S DRY STORAGE Vi. L; 1988
AND TOOL RENTAL INC.
P.O. Box 598 RLCULATORY BRANCH
BEAUFORT, N.C. 28516
!'
December 12, 1988
Mr. Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
P.O.Box 1890
Wilmington, N.C. 28402-1890
REGULATORY BRANCH
SUBJECT: File No. SAWCO89-E-016-0087
Dear Sir:
In reference to the above captioned subject we are
enclosing an AFTER-THE-FACT application completed
as requested.
Also we are enclosing a copy of Carteret County
Map No-8-3E and a copy of the Plot Plan of the lot
in question.
We await your response concerning the outcome of
the improvements on the lot.
Very truly yours,
CAP'N JOSH'S DRY STORAGE
AND TOOL RENTAL, INC.
Jerry E. Lawrence-president
JEL/awg
enclosures: ?
f• .
Please type or print. Carefully describe all an- -
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearin?nr}d.EIVEp
stormwater control. If the requested informi I
not relevant to your project, write NIA (not an 3 tg88 :,
plicable). Items 1-4 and 8-9 must be complete r
all projects.'
REGULATO" Y CRM
App YCANT T
y _ ... , _
i
-- a. Name 6.
Address
- City ? State
Zip ?2_ ,5l L.> Day phone J 2-2 _ d.
Landowner or Authori ed agent e.
b. Project name .(if. any) )J J0,-
f

C. If the pplicant is 4t the landowner, also give .
the owner's name and address.
r

2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
b. City, t wn, ommunit or andmArk
c. County Y
d. Is proposed work within city limits or planning
jurisdiction? ltzo
e. Nam body of wat arest RRro?e t
V I Ac ?* is Xc4 - Il t `ru \
S? Q J
3 . DESCRIPTION AND PLANNED;
USE. OF PROPOSED PROJECT
?.- a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, Qr p' r). I ct_ L__? _ "id _5
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 pro' t, r?ew work, or both?
te, or
C. Will the project be for community, pr ,v
commercial use?
/'h)

Describe the pla ned use o tAe jc ,r.
.-e
Size of entire tract 5 q? F, sl :? 0?-
Size of individual lot(s) ?9-??C -
Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
Soil type(s) d texturejs) of tract
MAtc Ai?,?) Fr?
Ve etation on tract
c,nks?rz?c-s
Man- ade features es now o tract
What is the CA & Land Us lan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation nsitional
Developed munity
Rural NOE er
How is Pe ract zoned by local government?
How are adjacent waters classified?
Has a professional archaeological survey been
carried out for the tract?
If so, by whom?
Nei 5 UPLAND DEVELOPMENT'`=
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
st ctu e proposed 4-01 i6 0
b. Number of lot's or parcels I ----
c. Density (Give the number of residential units
and the units per acre.) --
d. Size of area be g ded or dist ed FC `X 2-C0
0, (,? . J J. c
--e. If the proposed project will isturb 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
subrrrr??1tted to the D' ision KLand Resources?
&1-) r.? al ,
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pave ent,
buildings, or rooftops.
K ?

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 t-1 A _
surfaces. c. Type of material" 0 r-t
I K d. Does the area to be excavated include marsh-
h. If If applicable, has a stormwater management land, swamps, or other wetlands? _
plan been submitted to the Division of En- e. High ground excavation, in cubic yard ?-t / ._
vironmental Management? !U.,1 f.
_
Dimensions of spoil disposal area IL
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area tJ -
water treatment facilities. fl A,
/ h. Do you claim title to the disposal area?
j. Have these facilitiel received state or local If not, attach a letter granting permission from
approval? A the owner.
k. Describe existing treatment facilities. i. Will a disposal area be av'table for future
_ maintenance??
7 if so, where?
j. 3 ay marshland,
Does the disposal area includ
1. Describe location and type of discharges to ,
swampiland,'or water areas?
waters of the state (for examplersurface runoff, k. Will the fill matetiat be placed below mean
sanitary wastewater, industrial/commercial high water? NN
effluent, or "wash down"). 1. Amount of fill in cubic ya ds A -3OG
--in. Type of fill material

1
? '
W
l --_n. Source of fill material
th
l
-
ll
i
l b
W
ll f
i
n. ater supp
y source er
r o
ace on mars .
mater
a
e p
i
i
n. If the project is oceanfront development, wetlands?
describe the steps that will betaken to main- -p: Dimensions of th wetland to be filled
tain established public beach accessways or pro- q. How will excavated or fill material be kept o
? t° cdLt
`
ll
d
?
vide new access. .
site ancj
rosioC contro
e
?
k

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
tion or fill activities
which are covered i
Access channel
(MLW) or (NWL)
Boat-basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland orLbAW
I K-W
Upland fill
areas
purpose of proposed excava-
(excluding bulkheads,
n Section 7).
Length Width Depth

.__r_- What type of construction equipment will be
used (for example, dragline, b ckh , or
hydraulic dredge)? ?"
s. Will wetlands be crosse ransporting equip-
ment to the project sit If yes, explain
the steps that will be t ? to lessen en-
vironmental impacts.
''C-) 7 SHORELINE STABILIZATION
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
7
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SA11CO89-N-016-0108 December 29, 1988
PUBLIC NOTICE
MR. JERRY E. LAWRENCE, Cap'n Josh's Dry Storage and Tool Rental,
Incorporated, Post Office Box 598, Beaufort, North Carolina 28516, has
applied for a Department of the Army after-the-fact permit TO AUTHORIZE THE
PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT BACK SOUND/THE STRAITS,
HARKERS ISLAND, Carteret County, North Carolina.
This public notice,.does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the completed placement of approximately 300 cubic yards of
fill material, sand from an upland source, in 5,280 square feet (0.12 acre) of
wetlands to prepare the area for construction of a 40-foot-wide, 80-foot-long,
commercial, dry-storage building. A larger area (0.46 acre) has been cleared
of vegetation, primarily shrub oaks and bays. 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 :forth 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 requested Department of the Army permit 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 gearing.
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
J

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general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards 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.
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
January 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 January 17, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
January 30, 1989, or telephone [phone].
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DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: March 3, 1989
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To: Bill Mills
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Operations Branch
M 0 Y
From: Donald Safr'
James H. Greg one'
Wilmington Regional Office r -ni,

Through: Preston Howard
Wilmington Regional ce
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8901-E
Mr. Jerry E. Lawrence
Cap'n Josh's Dry Storage & Tool Rental, Inc.
Carteret County
PROJECT DESCRIPTION: Jerry E. Lawrence has applied for a D.O.A.
after-the-fact permit to authorize placement of 300 cubic yards of fill
material over 5,280 square feet of wetlands adjacent to Back Sound, to prepare
for the construction of a dry storage building.
The project has been reviewed to determine impacts to water quality. The
following comments are provided.
1. This office recommends denial of the 401 certification.
2. The 5,280 square feet of fill in Section 404 wetlands has resulted in
elimination of the essential functions that wetlands provide, including
purification of surface waters and groundwater recharge. As a result,
loses of wetlands may result in both direct and indirect degradation of
water quality. Therefore, in order for this office to recommend 401
certification the "lost" wetlands values must be replaced either through
restoration of previously altered wetlands or creation of new wetlands
(or other appropriate mitigation). Creation of new wetlands should be
required on a ratio of at least 1:1 (i.e., 1 acre new wetland for each 1
acre lost to filling).
3. It is also recommended that the project be turned over to the COE and
that the COE should require mitigation on a ratio no less than 1:1
through restoration of previously altered wetlands, creation of new
wetlands, or other appropriate mitigation. If mitigation attempts fail,
the COE should undertake appropriate enforcement action for filling
without the necessary approvals.
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cc: WiRO, CF