19890272 Ver 1_Complete File_19890101

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
R. Paul Wilms
James G. Martin, Governor hugest 29, ? 989 Director
William W. Cobey, Jr., Secretary Tt?r_ George Wood
Risseli Associates
Post Office Drawer 1068
Kitty Hawk, North Carolina 2`7949
Dear Mr. Wood.:
Subject: Certification Pursuant to Section 401 of they Federal
Clean Water Act,
Proposed Access Roadway
Spruill Oil Company, Andmur Gas
Broad Creek
Dare Countv
Attached hereto are two (2) copies of Certification No. 2::41
issued to Spruill Oil Company dated August 29, 1989.
If we can be of further assistance, do not hesitate to
contact us.
sincerely,
C,t?
-R. Paul. Wilms
Attachments
CC: zWlmington DiDistrict Corps of Engineers
shingtan Regional Office
. William Mills
Dr. George Everett
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal opportunity Affirmative Action Employer
,A

Dare County
NORTH CAROLINA
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 Spruill Oil Company pursuant to an application filed on the
25th day of April, 1989 to construct an access roadway off
Highway 345.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Broad Creek in conjunction with the proposed roadway in
Dare 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 riot
considered significant).
2. That the roadway be culverted to allow for adequate
drainage from side to side.
3. That the wetlands to be filled by the project be
mitigated for by the creation of 0.14 acres of
wetlands, or by the restoration of 0.14 acres of
currently degraded wetlands, or by the
establishment of protective provisions for 0.35
acres of wetlands. The wetlands proposed for
mitigation shall be identified to the Division of
Environmental Management for approval prior to
implementing the mitigation efforts.
Violations of any condition herein set forth shall result in
revocation of this Certification.

Certification (continued)
S
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 29th day of August, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
. Paul Wilms, Director
WQC# 2341
's't}t t;:.: `11";{'AMA %'y01 KV ,! ii..., •ji:i 't``:
ACTION .t''-}i-. FILE ) DF i0i ':1!.} FORMAT ) iy2..,`1.?i.. ..,-.S{.. ....... , 00625
RECORD HAS BEEN CHANGED. RECORD NO 00624 ,.. .:: 5: DATA
!''`RE.+j* : 00624 P;'';{...{:.? SPRU.+.LL OIL CO....r'r1!'+11.J1"1UR [.vS COUNTY: fir:: RI. :. REGION: 0',-'

SITE LOCATED OFF NC HWY 345 IN WANCHESI??:
PROPOSAL TO PLACE 270 ! t..: t.. * -€ {_} ::': OF FILL IN WETLAND AREA ....... WIDE AND 125' i...........
(3.125 SOFT-0.07 ACRE) FOR CONST OF AN ACCESS RK.
SITE .i.1'`V':...,.:i.S.l:iAi 1!'•} t t 5/4/89
WATER ±.?{::.!'`i:::1`'e.:?S...S 4 T....U!'y€::t \; i. I `.?A B1'...'.::.
I'!'i::.t.:1..1;°!i°ll::.:•.i;i.}€::tT.Ll..fN OF ISSE.!At•+It..,ii: WITH MITIGATION; 4 A{:.;i.,.,.. RESTORED, A+......:.. .21 CREATED, .35 €••(1..:Rr.:.:.; ESTABLISHED (TO BE DONATED FOR PROTECTION)
RECOMMENDATION THAT MITIGATION 'i:;{.: WITHIN M;.. RIVER !
RECOMMENDED THAT ROADWAY BE CULVERTE.'i.)
COPIES:

MAY 1 i 8')

4
DF/CAMA/40i RE V D ATE 05/02/8-''.*'
1 ADD
ACTION I'':
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k... 5... ?"``'
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00625
ACTION :::: ADD , EN..[.-ER DATA, REC ADDED IS 00623 ...D DATA
' '•+ k i.}i. 6:::: '•} } ':' `RU L OIL C{ Y A ?3.t'° k„t •'• is N COUNTY , D REGION:

TYPE: CERTIFICATION RECOMME ND DAT E,-.'-...' YYMMD):.l
404 PN: Y 401 RED: Y ISSUE: REC EIVED: 090A2?
CAMA ONLY: GC: DEN0 INI TIAL R EPORT: 29050....-.

RECEIVING
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COMMENTS:
SITE LOCATED OFF {'=72..: H!:! i' 345 IN Wf"t;`7{..:{•1{::.:. {::.
PRk{Pt.k.:,F••3l... TO P LACE 270 t.: ..! •f D, OF FILL IN WET LAND AREA 2 5' WIDE AND 1 25' LONG
(3.125 •.,:.. 3...0 j: : ACRE) FOR CONST OF AN ACCESS RD ,
HOLD FOR SITE INVESTIGATION
COPIES: WA{';tk...' i..:{::.{: { }'';F%4{.......{`.{........S

May 0 3 ,

$ WASH NGTONEOFFICE
,? ?1APR 2, 71989
D. E. M.
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 0 4 / 2 6 / 8 9 George T. Everett
William W. Cobey, Jr., Secretary Director
Mr. Bill Moore
NC DNR&CD
Div. Environmental Management
P.O. Box 1507
Washington, NC 27889
Dear Mr. Moore:
The attached U.S. Army Corps of Engineers Public Notice No.
CESAW-89-0295, dated 04/20/89 on a Federal project or an application
for a Federal Permit to excavate, fill and/or place structures in
navigable waters (Re: Sec. 404 & Sec. 10) is being circulated to
interested State agencies for comments. The applicant/sponsor
of this proposed project is Spruill Oil co., Andmur Gas.
Please indicate below your viewpoint on this proposed project
and return this form to me no later than 05/15/89.
e y,
on
B. Bent
4Steei4
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, Noah Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY WASH?Nu7,?1 cn
vu Wilmington District, Corps of Engineers N OFFICE
Post Office Box 1890
Wilmington, North-Carolina 28402-1890 APR 2
D. E M.
CESAW-0089-N-028-0295 April 20, 1989
PUBLIC NOTICE
SPRUILL OIL COMPANY, ANDMUR GAS, Route 4, Box 101G, Windsor, North
Carolina 27983, represented by BISSELL ASSOCIATES, Post Office Drawer 1068,
Kitty Hawk, North Carolina 27949, has applied for a Department of the Army
permit TO PLACE FILL MATERIAL IN TIDAL WETLANDS OF BROAD CREEK TO CONSTRUCT AN
ACCESS ROAD OFF NORTH CAROLINA HIGHWAY 345, WANCHESE, Dare 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 placement of approximately 270 cubic yards of
fill material (sand), obtained from a highground source, in an area of
wetlands 25 feet wide and 125 feet long (3,125 square feet - 0.07 acre). The
roadway surface is to be gravel and the slopes are to be grassed. The purpose
of the work is to provide access for large trucks to proposed commerical
loading dock facilities. 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.
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.
Ot
-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 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 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
d^
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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
May 12, 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 May 8, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
May 22, 1989, or telephone [phone].
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APPLICATION FOP,
FILL -ROAD BY
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett
William W. Cobey, Jr., Secretary July 21, 1989 ? Director
gtlG 1989
Mr. Charles W. Hollis
Chief, Regulatory Branch,
Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890 Wilmington, NC 28402-1890 £ZZ?
Dear Mr. Hollis:
The State of North Carolina has not completed its review
of Corps Public Notice number CESAW-C089-N-028-0295 which
describes a proposal by the Spruill Oil Company, Andur Gas to
fill tidal wetlands of Broad Creek to construct an access road
off NC 345, Wanchese, Dare County, North Carolina. We
received the public notice on 4/24/89.
Comments received to date include the following findings:
1. The proposed fill area is vegetated with loblolly pine
with a dense understory of sweet bay, sweetgum, wax myrtle,
switch cane and greenbrier. The site is not an Area of
Environmental Concern and no CAMA permits will be required.
2. The site is classified as Conservation in the Dare County
Land Use Plan. "Development or alteration of land, including
the construction of single family residences on suitable land,
is appropriate within conservation areas where it can be shown
that the proposed development will not destroy or
irretrievably alter (a) wetlands...". Since the proposal
involves permanent loss of wetlands, it is inconsistent with
the Dare County Land Use Plan. However, the proposal may be
eligible for mitigation pursuant to 15 NCAC 7M .0700.
3. The North Carolina Division of Marine Fisheries has
determined that although this project will impact only a small
wetland area, all wetlands contribute to fisheries and
wildlife productivity. Since the proposal is not water
dependent, they object to the proposal and suggest that the
wetlands be bridged.
4. The North Carolina Wildlife Resources commission
expressed concern with the potential impacts of an accidental
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Foual Oooortunity Affirmative Action Employer
leak or spill on the adjacent wetlands and water quality.
They also determined that the proposed activity is
inconsistent with Commission policies to "preserve and protect
wetland..." and to oppose any proposal which "individually or
cumulatively results in degradation of the productivity of
existing fish and wildlife ecosystems".
5. We have not received a response from the NC Division of
Environmental Management concerning a 401 Water Quality
Certification.
It is our understanding that the applicant has been
requested to modify his plans in response to objections from
federal review agencies. Since the proposal may be modified
and since the 401 Water Quality Certification status is not
known, we feel that the State's response should be delayed.
We request a copy of any modifications to the proposal so we
can provide them to the NC Division of Marine Fisheries and
Wildlife Resources Commission for comment. Similarly, we
request that our Elizabeth City Field staff be advised of any
mitigation proposal to insure compliance with the state
mitigation guidelines.
Pursuant to 15 CFR 930.63 (b), we are sending a copy of
this letter to the applicants to inform them of the status of
our review and basis for our delay. Thank you for your
consideration of the North Carolina Coastal Management
Program.
Sin!Gerely,
Stephen B. Benton
Consistency Coordinator
cc: Spruill Oil Company
Andmur Gas -
Route 4, Box 101G
Windsor, North Carolina 27983
NC Division of Coastal Management, Elizabeth City Office
NC Division of Marine Fisheries
NC Division of Environmental Management
NC Wildlife Resources Commission

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North-Carolina 28402-1890

CESAW-0089-N-028-0295
PUBLIC NOTICE
April 20, 1989
SPRUILL OIL COMPANY, ANDMUR GAS, Route 4, Box 101G, Windsor, North
Carolina 27983, represented by BISSELL ASSOCIATES, Post Office Drawer 1068,
Kitty Hawk, North Carolina 27949, has applied for a Department of the Army
permit TO PLACE FILL MATERIAL IN TIDAL WETLANDS OF BROAD CREEK TO CONSTRUCT AN
ACCESS ROAD OFF NORTH CAROLINA HIGHWAY 345, WANCHESE, Dare 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 placement of approximately 270 cubic yards of
fill material (sand), obtained from a highground source, in an area of
wetlands 25 feet wide and 125 feet long (3,125 square feet - 0.07 acre). The
roadway surface is to be gravel and the slopes are to be grassed. The purpose
of the work is to provide access for large trucks to proposed commerical
loading dock facilities. 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.
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.
r wjk.
-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 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 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments.- The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general

-3-
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
May 12, 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 May 8, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
May 22, 1989, or telephone [phone].
VI C(Nlry MAP
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