19910084 Ver 1_COMPLETE FILE_19910202

SLATE
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Febxta.ary 27, 1992
Mr. Dewey Frazier
1612 Highway 17 North
New Bern, North Carolina 28560
Dear Mr.• Frasier:
George T Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed retention of existing fill and placement of
additional fill in wetlands
Project # 91829, COE# 1992000472
Craven County
Attached hereto is a copy of Certification No. 2697 issued
to Mr. Dewey Frazier dated February 28, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
G orge T. Everet
i
Attachments
^c: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-(A81 919/395-3(XX)
Wimton-Salem
919 /89(r7IX )7
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 276264)535 Telephone [phone]
An [qual Oppnwnity Alii-m - Acaiv, I:mpluv"

NORTH CAROLINA
Craven 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 Dewey Frazier pursuant to an application filed on the 8 day of
December, 1991 to retain fill and add additional fill at lot
adjacent to Hwy 17.
The Application provides adequate assurance that the
discharge of fill material into 2.98 acres of wetlands adjacent
to the waters of in conjunction with. the proposed commercial
development in Craven 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. No blockage of roadway drainage is allowed and existing
blockage must be removed.
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 28 day of February, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
(I,,- c'4 "
eor e T. Everett, Dir ctor
WQC# 2697
-,4, m .
auun
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
11/08/91
Mr. Jim Mulligan
NC DEN&NR
Div. Environmental Management
P.O. Box 1507
Washington, NC 27889

Roger N. Schecter
Director
REFERENCE: ACTID-90-0472
Applicant/Sponsor: Mr. Dewey Frazier
Retain Fill and Fill Wetlands Adjacent to Neuse River, Bridgeton
Dear Mr. Mulligan:
The attached U.S. Army Corps of Engineers Public Notice, dated
10/31/91 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint one the proposal and return this
form to me before 12/02/91. Si rely,
f
Ste en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DIVISION OF ENVIRONMENTAL MANAGEMENT
U. S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW a-
' PROJECT NAME:
" D b ?-
COUNTY : 0. 141T PROJECT #:
STREAM OR ADJACENT WATER BODY: CLASS:=2-
BASIN:
'404' PUBLIC NOTICE: (Y OR N)
N ONWIDE PERMIT: (Y OR N) ?l
PROJECT DESCRUTON: i
•
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ASSIGNED T0: jLlzjqn--'
DATE APP. RECID.:-gL ? (YY/MM/DD)
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION:_
FINAL REPORT: ?? O L ! (YY/MM/DD) (ISSUE/DENY/OTHER)
WATER QUALITY CERT. 401) CERT. REQ'D: (Y OR N)-
- IF YES: GAL CERT:_ (Y OR N)
TYPE GEN: -.Ar- INDIVIDUAL CERT:
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: A091
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND : a • `? 4?G.
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? _ (Y OR N)
SEQUENCING
IS SEQUENCING REQUIRED? Iq (Y OR N)
PRACTICABLE ALTERNATIVE? (Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? (Y OR N)

cc: WaRO - Dorney - Central Files - COE
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GASHING TON OFFICE
NOV 11) 1991
State of North Carolina E M.
Department of Environment, Health, and Natural Resources
Division of Coastal Management _ - _ _ _
225 North McDowell Street * Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
11/08/91
Mr. Jim Mulligan
NC DEN&NR
Div. Environmental Management
P.O. Box 1507
Washington, NC 27889
REFERENCE: ACTID-90-0472
Applicant/Sponsor: Mr. Dewey Frazier
Retain Fill and Fill Wetlands Adjacent to Neuse River, Bridgeton
Dear Mr. Mulligan:
The attached U.S. Army Corps of Engineers Public Notice, dated
10/31/91 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint one the proposal and return this
form to me before 12/02/91. ;irs,6 rely,
Ste en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date / -I-
Agency ?CI'Yl - Gc? Q 14--),DL el)
PO. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
y DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199000472
October 31, 1991
PUBLIC NOTICE
Mr. DEWEY FRAZIER, 1612 HIGHWAY 17 NORTH, NEW BERN, NORTH CAROLINA
28560, has applied for a Department of the Army (DA) permit TO RETAIN EXISTING
FILL MATERIAL AND PLACE ADDITIONAL FILL MATERIAL INTO WETLANDS ADJACENT TO THE
NEUSE RIVER, in Craven County, Bridgeton, 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.
The following description of the work and composit drawings are taken
from data provided by the applicant and from observations made during an
onsite visit by representatives of the Corps of Engineers. Plans submitted
with the application show the retainment of existing fill material and the
placement of additional fill material totaling approximately 1,600 cubic
yards. The purpose of the work is to create upland areas for storage of
wrecked automobiles. Plans s Pnwe the work are included with this public
notice. Field surveys of the acre tract were conducted on September 6,
1990 and October 23, 1991. fill material, tree stumps and roots, and
woody debris had been placed lands. A drainage ditch, located along the
southern boundary of the property, has been filled. The property had
previously been cleared of all vegetation. Historically, some fill material,
a mobile home, and septic tank had been placed on the property in the early
19701x. Portions of the property were groomed as a yard. A concrete block
building was constructed within the eastern portion of the property, along
Highway 17. The mobile home was removed and the property sold to Mr. Frazier.
Mr. Frazier began filling portions of the property where the historical fill
was not sufficient to remove all the property from the Corps' wetland
classification. Additional information may be obtained from the applicant at
the address listed above or by calling [phone].
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 (NCDCM) 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
(NCDEM).
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b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the NCDCM.
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the NCDCM or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-1 ,
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 L
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 DA permit will be denied if any required State or local
authorization and/or certification is denied. No DA 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 register
properties, or properties listed as being eligible for inclusion therein, an
this worksite is not registered property or property listed as being eligibl
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 furnis
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 o
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 ea
particular case. The benefits which reasonably may be expected to

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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, flood plain values,
land use, navigation, shore erosion and accretion, recreation, water supply
and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DA 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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after November 22, 1991.

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All persons desiring to make comments regarding the application for Clear
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 November 18, 1991, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, wi
be received in this office, Attention: Mr. Norm Sanders, until 4:00 p.m.,
December 2, 1991, or telephone [phone].

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 3, 1990
Regulatory Branch
S:
SUBJECT: File No. CESAW-C090-N-025-0472
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear--Mr; Mills :
luarDgr 11,951
l?G ";V .1
Enclosed is the application of Mr. Dewey R. Frazier, Sr., for after-the-
fact Department of the Army permit and a State Water Quality Certification to
authorize the placement of fill material in approximately 0.5 acre of wetlands
adjacent to the Neuse River, New Bern, Craven 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,ok 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 4, 1991, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Norm Sanders, telephone
[phone].
Sincerely,
ne Wri t
hief, Regulatory Branch
Enclosure