19890463 Ver 1_Complete File_19890622 (2)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 28, 1988
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO89-N-048-0043

Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:

Enclosed is the application of Mr. Robert G. Toth for an
after-the-fact Department of the Army permit and a State Water
Quality Certification to authorize the placement of fill material
in wetlands adjacent Pamlico Sound to provide adequate elevations
for installation of a septic system and construction of a parking
area supporting Cafe Atlantic Restaurant, Ocracoke, Hyde 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 28, 1988, the District Engineer will deem that waiver
has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Since ely,
Ch I W. o lis
Chie , Regul ory Branch
Enclosure
146b 11 f

-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. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

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Please type or print. Carefully describe all an- d. Describe the planned use of the project.
ticipatpd 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 completRECL:.j'`''::7QA':;LAND_A
all projects. ?w
g X988 _..,: wrk7 aY7` •r
?:4APPLICANT IRY BRA H Size of entire? LL S, 5 -6 a' 4?r7) to URMIVII
Size of individual?fot(s
a. Name .r 1 f T c. Elevation of tract above mean sea level or Na-
Address tional Geodetic Vertical Datum q F 7-
City State Q_ d. Soil type(s) and texture(s) of tract ?<Ak)/D
-
s: Zip 71 Q --I Day phone 1AE _"32,21
Landowner or Authorized agent e. Vegetation on tract (£I)pP- rrsrs
b. Project name (if any) l'Qr ?`t TIAZL? ,01(= 1?rxllS? BRASS
?a r
f. Man-made features now on tract .121X
c. If the applicant is not the landowner, also give s=?,n 911X ,gyp/ s S YST£ML_
the owner's name and address. g. What is the CAMA Land Use Plan Classifica-
tion of the 'site? (Consult the local land use
plan.)
Conservation Transitional
- Developed Community
1 LOCATION OF PROPOSED, Rural ". Other
PROJECT h. How is the tract zoned by 10 1 government?
i. How are adjacent -waters classified?
a. Street address or secondary road number j;' Has a professional archaeological survey been
b. Cit y, "town, c mmuni , or lancfiinark if so, by whom?
j r ?tpy
C' County
5 'UPLAND DEVELOPMEN
d. Is proposed work, within city limits or planning
jurisdiction? -5
e. Name of body f water nearest project Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
3 DESCRIPTION- AND PLANNED structures proposed
1__USE.OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead or pier).
U
If you- plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
C. Will the project be for community, private, or
commercial use?
b. Number of lots or parcels _rW6
c. Density (Give the number of re idential units
and the units per acre.)
d. Size of area to be graded or disturbed
,ice q/-, X bl C:;;2gosar
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the'percenta a of the tract within- 75 feet
of mean high water to !be covered ! by im
permeable surfa'ces,'such as p ent,
buildings, or rooftops.
r
t
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces. P!-1 U f 2 5/ :)A-)E-
0
h. If applicable; has a stormwater management
f En-
plan been subrtaltted' to the 01vinu
vironmental Management? -
i. Describe proposed sewage:disposa and/or waste
water treatment „facilities.!nW -STEM
i - N - Tkw?
j. Have these facilities received state or local
approval? y S
k. Describe existing treatme t facilities.
WP
1. Describe location and type of discharges to
waters of the state (for example rsurface runoff,
sanitary wastewater,. industrial/oommeercial
effluent, or "wash down").
m. Water supply source0DagmyA xC Y (k aTh't ,SY6&O
n. If the. project.is oceanfront development,
describe the ,steps that will be taken to main-
"tain escab?isked public beiic accessways or pio-
vide. new access.
o, If the project 'is on the oceanfibrit; what will
be the elevation above mean' sea level of the
first habitable floor? I JA
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 or below
MHW -
Upland fill,"
areas
00 ? r- ydFr
d rT ?f rT
' e
b. Amount of material to be excavated fr m
below water level in cubic ards .
c. Type of material 3 -
d. Does the area to be excava ed include rt?a h-
land, swamps, or other wetlands?
e: , -High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
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 available for future
maintenance?
If so, where?
j. Does the disposal area inc ude anmarshland,
swamplland,'or water areas? -_ AOVA
k. Will the fill materialbeplaced elow mean
high water?
1. Amount of fill in cubic yards /01 CV y2
in. Type of fill material n. Source of fill materialCOt21t13C14 ?t??71aT
o. Will fill material be placed on marsh or other
wetlands? VIf S
p. Dimensions, of the wetland to be filled
q.,,;. How•wll excavated or.:filluacer?al;bkppcon
site and erosion controlled?
',f ?l'?NTSI? ? ASS
r. What type of construction equipment will be
used (for example, dmgline, backhoe, or
hydraulic dredge)? ?6214
s. Will wetlands be crossed in transporting equip-
ment to the project site?AM If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of me n high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet PIA -
d. Type of bulkhead material
e. Amount of fill, in cubic yards, tp be placed
below mean high water
f. Type of fill material Eh'
g. ,ORMAT'ION`
W DIT IONALANE t
z
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.
s r 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 :theearea.to -thesite. "Include
county--r6ad'"(SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name
Address ('126 RCcg1C . 0 . of 7q lo
Name `z l.. W O( C
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 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 PERMIS ,
SION TO ENTER ON LAND =
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 . a G day of `"f UL's ,
19?.
x?
Landowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
Form DEM-MP-2
MARINA
DEVELOPMENT
Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities must be included in application and work
plats.
MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
Commercial Public
t ?'t? RINA OPERATTOl'?T(S? `?'>?, ?'
a.
Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location
Residential b. Describe treatment type and location for all
b. Will the marina be open to the general public? sanitary wastewater.
c. If there is residential development associated
with the marina, how many units or. lots are c. Describe 'Solid waste, -fish: offal, and trash
planned disposal _
_ -
d:"`
service to be
Cheep atl of the"types_
provided.
Full service, including travel d. How will overboard discharge of sewage from
lift and/or rail boats be controlled?
Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips
Dry storage
Number of boats e. Give the location and number of "No Sewage
Boat ramp(s) Discharge" signs proposed.
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel f. Describe the special design, if applicable, for
Open water with dredging for basin containing industrial type pollutants, such as
and/or channel - paint, sandblasting waste, and petroleum pro=
Open water, no dredging required ducts.
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types). '- g. Where will residue be disposed of?
g. Typical boat length
h. Maximum boat length
i. Are any floating buildings planned? h. Give the number of channel markers and "No
if so, describe. Wake" signs proposed.
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
b

i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality.
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts.
What will be the marina policy on overnight _
and live-board dockage?
1. Is the proposed marina located near any
shellfish leases? -.If so, give the name and
address of the leaseholder.
m., If this project is an expansion of an existing
„ rt}ainai what tycs of services are currently
proved? _, . , _ __ ?'
Rte;, W ,= 'ate ?.,
n. How many-slips ,are now avi ale' .
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DIVISION OF ENVIRONMENTAL MANAGEMENT
July 18, 1989
MEMORANDUM
TO: Bill Mills, Environmental Engineer
Operations Branch
THROUGH: Roger K. Thorpe,Nater utility Regional Supervisor
Washington Regional Office
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: DF/CAMA/401 Review
Robert Toth
Project 000653
Ocracoke - Hyde County
The above subject 404 project has been reviewed by this office. A
site, investigation was performed on July 12 ,1989. The Public Notice
is. for_ _an _ Tafter-the-fact permit for fill in wetlands for a septic
v.
system. the applicant, as well as other fhcll ties neighboring,. =mere
told in 1984 by the COE that the property was not 404 wetlands and the
septic system could be constructed on the site. The applicant applied
for and received a permit from the Health Department to construct the
septic system. In January of 1988, after the restaurant and septic
system had been nearly completed, Allison Arnold of the COE
redelineated the area as 404 wetlands and asked the applicant to halt
further construction. Mike Smith of the COE made the determination
that the septic system was a violation but that no further action from
the COE would be taken. Mr. Smith then informed the applicant that he
could proceed with the use of the system but that the applicant should
be aware that the system was unpermitted and could not be expanded.
It is the opinion of this office that the applicant should be allowed
to operate his restaurant and septic system but be made aware that no
expansion would be permitted and that if the system failed, an
alternative method of treatment should be sought.
DS/cm

NKDAT(-) DF/CAMA/401 REV DATE 0 700/81P

ACTION ,
:E: N (:.: FI
C . (?r E'4r??7??i?: ?:?' 1 i=' # ??ti, i i:.`,
LE DF?' FORMAT `' ' i??•.1 '# ;; t'?C:;r:%r i°#t??r NEXT #:?.?t::t:• }
F?? ;? . 00654
NR T• i 7l ENTE RED TI°E:ES DATA, R#:::t::(:1RD IS NO 00653 FRD DATA
PRr.:: J# : 00653 P RO:.? : TOTH, ROBERT COUNTY: HYDE REGIO N: 07
ASSIGNED TO: DAS JOINT NOTICE:
.T..,(PE::. CERTIFICATION F'.E::.COMM#::.N D x.14i I #::., Y •'(MMD!1

t.: A M A ONLY: GC: DENY: INITIAL REPORT : 890710

RECEIVING STREAM: PAME.. I#:, to SOUND CLASS: SA BASIN: TAI:,'..*
COMMENTS:
SITE E...T:#Cr"r'T'E:.:D ON E"EW'{ •# IN OCRACOKE..:
AFTER-THE-FACT PUBLIC NOTICE
PROPOSAL TO FILL .08 ACRE::: OF WETLAND AREA FOR
.02 ACRE OF WETLAND FOR PARKING AREA
HOLD FOR SITE INVESTIGATION
COPIES: WARD-CENTRAL-MILLS
WASTEWATER TREATMENT SYSTEM AND

I ,
y.
I ,1v
([ A. P
DEPARTMENT OF THE ARMY N ON OFFICE
Wilmington District, Corps of Engineers
Post Office Box 1890 JUN 261989
Wilmington, North Carolina 28402-1890
D.EM.
CESAW-C089-N-048-0043 June 15, 1989
PUBLIC NOTICE
MR. ROBERT G. TOTH, Post Office Box 123, Ocracoke, North Carolina 27960,
has applied for a Department of the Army after-the-fact permit TO AUTHORIZE
THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT PAMLICO SOUND TO PROVIDE
ADEQUATE ELEVATIONS FOR INSTALLATION OF A SEPTIC SYSTEM AND CONSTRUCTION OF A
PARKING AREA SUPPORTING CAFE ATLANTIC RESTAURANT, OCRACOKE, Hyde 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 suapended penAieg
the outcome of this consideration.
The fol_f description of the work zs Cakea° from- iata °provi=d"ed 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 fill material in a 41-foot-wide,
80-foot-long (3,280 square feet, 0.08 acre) wetland area for waste water
treatment system installation and in an approximate 18-foot-wide, 40-foot-long
(720 square feet, 0.02 acre) wetland area for establishment of a parking area.
The elevations of the areas have been raised between 18 and 24 inches with the
placement of approximately 900 cubic yards of fill material. The septic
system and the parking area support a pile-supported restaurant constructed
over wetlands. The completed work is necessary for operation of the
commercial business. Plans showing the completed 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.j 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.
r .
-2-
c. The issuance
Management Act (CAMA)
their delegates.
of a permit under the North Carolina Coastal Area
by the North Carolina Division of Coastal Management or
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
diract°ly to €he° respective agency-,- with. aoy ,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 fhe
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.
t

-3-
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
pr°odnction, mineral needs, considerations of property ownership, and, in
general, tie needs arid- welfare of'- the people: For activzt'es involving G
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 serve 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 adtion in the issuance of the Clean Water Act certification on or after
July 7, 1989.
1
J
-4-
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before July 3, 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.,
July 17, 1989, or telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
4., JUN 1939
WArFk QU,?tirY t
?S???Eannrn9 6ranclr r ,',
CESAW-CO89-N-048-0043 June 15, 1989
PUBLIC NOTICE
MR. ROBERT G. TOTH, Post Office Box 123, Ocracoke, North Carolina 27960,
has applied for a Department of the Army after-the-fact permit TO AUTHORIZE
THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT PAMLICO SOUND TO PROVIDE
ADEQUATE ELEVATIONS FOR INSTALLATION OF A SEPTIC SYSTEM AND CONSTRUCTION OF A
PARKING AREA SUPPORTING CAFE ATLANTIC RESTAURANT, OCRACOKE, Hyde 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
applic-ant and from=obaervatii6ns made dUr ng-an ons a gisit by a
representative of the Corps of Engineers. Plans submitted with the
application show the completed placement of fill material in a 41-foot-wide,
80-foot-long (3,280 square feet, 0.08 acre) wetland area for waste water
treatment system installation and in an approximate 18-foot-wide, 40-foot-long
(720 square feet, 0.02 acre) wetland area for establishment of a parking area.
The elevations of the areas have been raised between 18 and 24 inches with the
placement of approximately 900 cubic yards of fill material. The septic
system and the parking area support a pile-supported restaurant constructed
over wetlands. The completed work is necessary for operation of the
commercial business. Plans showing the completed 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.
j
-2-
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.
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, 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.

-3-
The decision whether to issue a permit will be based on an evaluation of the
probable impacts, including cumulative impacts, of the proposed activity and
its intended use on the public interest. Evaluation of the probable impacts
which the proposed activity may have on the public interest requires a careful
weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
plaeemeat 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 serve 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
July 7, 1989.

-4-
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before July 3, 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.,
July 17, 1989, or telephone [phone].

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