19910230 Ver 1_COMPLETE FILE_19910202

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 15, 1992
Regulatory Branch
Action ID. 199101812
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Mr. Alton Insco w?t?VpvrSE
6640 River Road
Wilmfngton, North Carolina 28403
Dear `Mr. Insco :
Reference your after-the-fact application to authorize your placement of
?s fill material in approximately 22,500 square feet of wetlands adjacent to a
tidal creek/canal off the Cape Fear River, on River Road, in Wilmington, New
Hanover County, North Carolina, for the purpose of landscaping and the
covering of unsitely debris.
Based on comments (copies enclosed) from the North Carolina Department of
Environment, Health and Natural Resources, the National Marine Fisheries
• Service, and the North Carolina Wildlife Federation, it has been determined
that significant adverse impacts are aniticipated as a result of your
proposal. Furthermore, the filling of wetlands for landscaping purposes and
the covering-of unsitely debris is not consistent with the Clean Water Act's.
°404(b)(1) guidelines. Accordingly, your Department of the Army application is
hereby denied, and your file has been retired.
Because of these agencies' influence on Department of the Army permit
decisions, it is unlikely a Department of the Army permit would be available
unless your project can be modified to lessen its impacts.
Mr. Jeff Richter of my staff is available to answer any questions you may
•have or to assist you in developing a revised plan. Mr.. Richter may be
reached at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
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Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L."K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Dorney
Division of Environmental Management
na Department of
North Ca
paf
Env onment, Health and
tural Resources
st Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Michael F. Corcoran
Executive Director
North Carolina Wildlife Federation
Post Office Box 10626
Raleigh, North Carolina 27605-0626

r

STATE °
J?'•"A Cur• ?•
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
February 28, 1992
George T: Everett, Ph.D.
Director
Mr. Alton Insco
6640 River Road
Wilmington, NC 28403
Dear Mr. Insco:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed retention of after-the-fact fill in wetlands
on River Road, Wilmington, NC
Project # 91173
New Hanover County
Attached hereto is a copy of Certification No. 2695 issued
to Mr-. Alton Insco dated February 28, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
e rge T. Ever
ett
Attachments,
cc: Wilmington Dis rict Corps of Engineers
Corps of Engri rs Wilmington Regional Office
Wilmington DFM'ogional Ofa:ice
Mr. John Dorney
Mr. John Patker :.;:,
Central Files
REGIONAL OFFICES
Asheville rayettevilic Imooresville P,tlci h Wshin?aon \'ilmin?mm
704/251-6208 919/486-1541 '04/663-1699 t'1` -1 -i7(X) 9n)/94&0-481 919/395-39(x)
Pollitlron '.'revenrien R'Iys
P.O. Box 29535, 161eigh, N(AM l nrolina 27o2oO"Fi5 1clcph()nc 919-733-7015
1n I (liml Orq;un unit Aitirmative Action I mpl-r
Winuon-Salem
919/896-7(x)7
CAROLINA
New Hanover 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 Mr. Alton Insco pursuant to an application filed on the 10 day
of June, 1991.
The Application provides adequate assurance that the
discharge of fill material into 0.5 acres of wetlands adjacent to
the Cape Fear River in conjunction with the proposed residential
lot fill in New Hanover County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500. and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less.are
not considered significant).
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
?43 ??george`T. Everett, Director
WQC ##2695
e??o
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 George T. Everett, Ph.D.
William' W. Cobey, Jr., Secretary. Director
CArtif ied Mail:
Return Recoipt Requested
Mr.,Altori Insco
6640 River Road
Wilmington, North Carolina 284.03
Dear Mr. Insco c
Subject: Appl;'?'catio.n for Water Quality-Certification
Retain. after-the-fact fill in Wetlands on
River Road, Wilmington, North Carolina.
DEN! # 9117 3;; . COE'# 19 9101812
New Hanover County
your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received bar the
Division on July 3, 2992. The activity for which the
Certification is sought is retain €ill.in wetlands adjacent.to a
tidal creek/canal off the Cape Fear River on River Road,
Wilmington, North Carolina.. The purpose of the proposed project
is dispose of 'fill from pond excavation and create a yard. '.rLn
-order for the Division to provide. a Water Quality Certification,
we must certify that the activity will not result in a violation
of State Water Quality Standards: for waters of the. Stage.
Our staff has reviewed your application and has identified
specific concerns for Uhpa.ct of this project on Water Quality
Standard:. We have deto-rmined that significant uses existed'-in.
the wetlands before they wt. re filled. These uses were wildlife.
habitat., aquatic life support, water storage. and pollutant
removal.. Because of, these concerns for potential violation of
the Standards:, I have determined that your application shall be
denied.
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
ton Insco
'wo
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30)
days following receipt of this denial. This request must be in
the form of a written petition conforming to Chapter 1.50B of the
North Carolina General.Statutes: and filed with. the office of
Administrative Hearings,,P.O. Drawer 11666, Raleigh, NC 27604.
Unless such demands are made, this denial. shall be final and.
binding-
If-you have any questions concerning this denial, please
contact°Mr. John>Dorney in the Water Quality Planning Branch of
this Division.at f91.9) 733-5083.
Sincerely,
George T. Everett.
GTE:JD/k.1s
cc: Wilmington Regional Office
U.S. Army Corps of Engineers Wilmington Office.
John Parker
John Dorney,
Central Files

/o
Certified Mai
Return Rece d Re uested
- ---------
]] yi yy i ?

--- --- -----------------
Subject: Application for Water Quality Certification.
---------------------------
----------------- -----------------------
------------------------ j $1 =x .
---------- ------
- -----------------
Dear -----------
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received by the
Division on --? ------------. The activity for which the
Certi ica i'sl sought is
-----------------------------------
---------------
The purpose of the.proPo ed
; ,t V w
project is -----' -"------------------- -----=-----`
-- ,.-------- ------ A Water Quality Certification
is a determination by this Division that the activity for which
the Federal Periint or license is sought is not expected to result
in a violation of State Water Quality Standards for waters of the
State.
,
?, t
'- ?u'
Our staff has reviewed your application and has identified
specific concerns for 'impact of this project on the Water Quality
Standards.
-------------------------------------------------
-----=--------- ----------------------------------- Because of
these concerns -for.potential violation of the Standards, I have
determined that your application shall be denied.
If this denial is unacceptable to you, you have the right to
an adjudicatoty_'hearing upon written request within thirty (30)
days.followi''g receipt of this denial. This request must be in
the form of a;written,petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27604.
Unless such demands are made,-this denial shall be final and
binding.
If you have any questions concerning this denial, please
contact Mr. John Dorney in the Water Quality Planning Branch of
this Division..at [phone].
Sincerely,
George T. Everett
GTE:JD
cc: ----- Regional Office
U.S. Army Corps of Engineers
John Parker
John Dorney
R

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i 'cup a,,.,.,ey
State of North Carolina
Department of Environment, Health, and Natural Resources
Division or Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
:James; G. Martin, Governor - Roger N. Schecter
William W. Cobey, Jr., Secretary Director
06/21/91
Mr. Preston Howard
NC DEH&NR
Div. Environmental Management
127 Cardinal Drive
Wilmington, NC ,28405
REFERENCE: ACTID-91-1812
Applicant/Sponsor: Mr. Alton Insco
ATF - Fill Wetlands Adjacent Creek/Canal off Cape Fear at River Rd
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice, dated
06/06/91 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 on the proposal and return this
form to me before 017/12/91.
sin6 rely,
Ste en B. Benton
Consistency Coordinator
REPLY This of f ice ob j ects to the pro j ect as proposed .?? 0 dam`'`''
Comments on this project are attached.
This office supports the project proposal.
? Soar
c0
No Comment.
signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
X91-
17rr
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WL?
From:
5rATE
I
?. .: , North Carolina Department of Environment,
Health and Natural Resources
?? Printed on Recycled Paper
IMPORTANT
To _

Date
HILE
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YO WERE OUT
of
Phone
AREA CODE NUMBER EXTENSION

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Message 30
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Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources

Septemt?er 119 1` 11 p N N
cr)
Mr. John R. Dorney x"15 ?QXao
State of North Carolina
Department of Environment,, Health and NatUra . 1urce
Division of EnVi ronmental Management
512, North Salisbury Street
palelgh9 North Carolina. ?e?t:?
Dear Mr. Dorneyu
I am writing t:o "requ.e.s.t a :"?? day extension, due to personal
injury. Al st h.F I ,o?t1'i 1 i ke :An on si to i nspe,cti on o+ the
project in question.
'lease respond At 919---256-_454e, as soon as possible.
Thank You.
Alton InsCo
AI/a.i,r
?p .
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 'North McDowell Street • Raleigh, North Caroline 1112/?,
James G. Martin, Governor ?i r N. Schecter
William W Cobey, Jr., Secretary, Jg91 P Director
` September-6, 1991 ?EQ
LNI
C\J
?• ?1ann':n9 'mil,
LColonl Walter S. Tulloch
strio;Engineer 9242
W&1mingtbn District Army. Corps of Engineers
Po3,Iox 18$0
WiingtonNC 28402-1890
Dear ?-o.lonal Tulloch:
e, Staof North Carolina has not completed its review of Corps
Publ cn%.e'-t ,Notice number; Action ID 199101812 dated 6/6/91. The notice
rdescr s proposal by Mr. Alton Insco for an after-the-fact permit to
a„placement of fill in wetlands adjacent to a tidal creek/canal
off the:Cae:Fear River, on River Road, Wilmington, New Hanover County,
Nor. Caroirih` .
't r
'All review comments on the above proposal have been received with the
exce ion_?af a final determination on the outcome of the required 401 Water
Qual Certification by the NC Division of Environmental Management. It
is, o ?hndekJt. ending that the Certification may. be denied. Since the 401
cation is a component of the federally approved North Carolina
•" Coastal ManoLgement Program, and since the Certification may be denied, we
are unable o respond to the proposal's consistency at this time.
Sev I State review agencies have objected to the proposed project.
.` The Div 'ion of Environmental Management has found that the filling of
approxi tely 22,500 square feet of wooded wetlands has resulted in the
loss o essential.wetland functions. Such a loss may by inconsistent with
1 15A N 2B .0109 and .0201. The NC Wildlife Resources Commission has
dete d,. ghat the proposal is not water dependent and therefore
i o is tent with their". po ivies for wetland and aquatic habitat
ation: Both "the Wildli Resources Commission and the Division of
Parks= acid Recreation. Natural, He 'tage Program recommend that either onsite
mitigat•on,4:-be provided to compe ate for wetland impacts, or the project
' site be restored to its pre-filledcondition.
Pursuant to 15 CFR..930.63(b),.?we, are sending a copy of this letter to
the applicant to inform him of the status of our review and the basis for
°our`, delay. Should you or the applican\t have any questions concerning our
P.O. Bc 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Tulloch Letter re Alton Insco
September 6, 1991
Page 2
findings to this point, or the reasons for delay, please contact me at the
NC'Division of Coastal Management at [phone].
Sin erely, _
?? ?.i
4?
Ste en B. Benton
Consistency Coordinator
cc: `Mr. Alton Insco
6640 River Road
Wilmington, NC 28403
Prestbi.Pate, Assistant Director
10-Division of Coastal Management
Pr ston"Howard, Division of Environmental Management, Wilmington
hn Dbrney, Division of Environmental Management, Raleigh
DLnnis,.Stewart, Wildlife Resources Commission
Frank Botelei, Division of Parks and Recreation

,. a .;„ STATE .
010
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 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary July 3 0 , 19 91 Director
Mr. Alton Insco
6640 River Road
Wilmington, North Carolina 28403
Dear' Mr . Insco :
The'Division of Environmental Management, Water Quality
Section'' has. reviewed your plans for wetland fill for 0.5 acres of
wetlands adjacent to a tidal creek/canal of the Cape Fear
River on River Road. Based on this review, we have identified
significant uses which would be removed by this project. These
are water storage, wildlife habitat and sediment/toxicant
removal. .Furthermore, insufficient evidence is present in our
files to conclude that your project must be built in wetlands.
Therefore, we are moving toward denial of your 401 Certification.
.Please provide us with information supporting your position
that your project must be constructed in wetlands. Any
documentation such as maps and narrative which you can supply to
address our concerns may be helpful in our review of your 401
Certification. Please respond within two weeks of the date of
this letter.
If you have any questions, please call me at 919/733-5083.
Sincerely,
John R. Dorney
JRD/kls
Insco. Ltr `
cc: Wilmington Regional Office-
Steve Benton, Coastal Management
Wilmington Office COE
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington WinstgA= alein
704/251-6208 919/486-1541 704/663-1699 9.19/733-2314 919/946-6481 919/395-3900 919/896007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employei
?. 1
YT 1"._
.11
DIVISION OF ENVIRONMENTAL MANAGEMENT
.MEMORANDUM
Date: July 9, 1991
Tot John Dorney
Planning Branch
v
7,9
9
B
? Q/0nniF QU)
From James H. Gre son
Wilmington Regiona Office
Through: Preston Howard
Ddize Adkins
Wilmington Regional Office
Subject:,:-_egional office. Review and Recommendations
plication for Permit for Excavation and/or Fill
49
roject # 9106-M
Alton Insco
ItLaw Hanover County
PROJECT DESCRIPTION: Mr. Alton Insco has applied for a
Department of the Army After-the-Fact Permit to authorize the
placement of fill material in wetlands adjacent to a tidal
creek/canal off the Cape Fear River.
ADJACENT WATER BODY: Cape Fear River
CLASSIFICATION: SC STATUS: Closed
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The applicant has filled approximately 22,500 sq. ft. of
wooded wetlands adjacent to the Cape Fear River. This filling
has resulted in the loss of the essential functions that these
wetlands provide including water storage, wildlife habitat, and
sediment/ toxicant removal. Such a loss of use is inconsistent
with 15A NCAC 2B .0109 and .0201. It is therefor recommended the
401 Certification be denied. It is also recommended the Corps of
Engineers require the applicant restore the area to it's original
condition. '
JHG:9106-M.JUL
cc: Wilmington Regional Office Files
Central Files
DCM-Steve Benton
WET-AND R? '`ING SYSTEM WORKSHEET
Project No. or descrip-ion
I:ocatior: iveR R??..G?. tMitiq?^ _
River bas-
nr and ne?7rest permanent stream
C4,-4eA,e
Evaluator GRE?? -
` Agency, and address 4 64A Z(,d& ---
Date and t_me eva ua-e^
Major Wetland Tyre t?ooeLvc? .S'?.?.k?
`7Appro:;imate size of wetland system S acres Aie•??y ?,?1?.?
Appro;imate 2xtent of wetlands in area acres
thin miles
2k°:reemost comi= ant plant species in order)
Soil Se= .i ea_ (if ?_nown) J?(c?oJ4c..
Hydrolag-c i n d i c.ar.ors
'Di;, ec- hydrel.oo_c connection? (circle one) R
Existing`; cndi liens
D? age
D.?.'? urbance 4eo{ Hec 3eeti ?! w/ /? ?8" k=9?.(
IQ b-ation poten-ial -n,
Does site ;Drovice habitat for endangered or threatened
species? If yes, then score equals 100%. State reasons for
exceptional status.
Item No.
I. Location/-ar:dscape
1 natural area buffer
2 Sensitive watershed
II. Ecological Values
3 Special eco_ogical attributes
4 Dispersal corridor system
5 Wildl_fe
6 Aquat_c life
7 Water storace
8 Strearbank stabilization
9 Removal sediment/toxicant
10 Removal/transform nutrients
11 Grouncwater recharge/discharge
Score (circle one)
C v
J
5 1
5
5
Lv
5
5
5
5
3
0
9
3
8
3

1
1
1
1
1
C?
III. Human Values
12 Outdoc r -recreation/educat .i(-,, 5
13 Commercial -.alue 5
3
C? 0
s t a 1 s c o r e d ---- ------
_rcent score c(3Oflo
,out of a total of 65 points)
Site descr;ptic- and notes:

1 ?.
Y ?
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A Yl il;
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
R-
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
06/21/91
Mr. Preston Howard. k `? .raY w f ' r ? i
6
NC DEH&NR„ay
Div. Environmental Management JUN
127 Cardinal Drive
Wilmington, NC 28405 (1,F1AiCI ';= ,«,fI>l^(i i
-. 71'11 IY'{i,liv.•I ! '? ..rv,: `?;. ?If4iL?_
REFERENCE: ACTID-91-'1812
Applicant/Sponsor: ',,Mr. Alton Insco
ATF -_Fill`Wetlands, Adjace,nt Creek/Canal pff•Cape Fear at River Rd
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice, dated
06/06/91 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 on the proposal and return this
form to me before 07/12/91. 9'
Sin.6erely,
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.
D?t.e ?
Agency
?. P.O. Box 27637, Ralei& North Carolina 27611-707, Tc1?1?hone 919-733-2293
Signed

R. .
. i.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199101812 June 6, 1991
PUBLIC NOTICE
MR. ALTON INSCO, 6640 RIVER ROAD, WILMINGTON, NORTH CAROLINA 28403, has
applied for a Department of the Army (DA) after-the-fact permit TO AUTHORIZE
THE PLACEMENT OF EARTHEN FILL MATERIAL IN WETLANDS ADJACENT TO A TIDAL
CREEK/CANAL OFF THE CAPE FEAR RIVER, ON RIVER ROAD, IN WILMINGTON, NEW HANOVER
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 that approximately 22,500 square feet of jurisdictional
wetlands have been filled and landscaped. The canal was dug years ago,
removing tidal influence from the wetlands which have been impacted. Some
trash and debris have been dumped in the area, and vegetation, while still
characteristic of coastal wetlands, has probably been altered to some degree.
Vegetation in adjacent unfilled areas is hydrophytic, and most of the species
have an indicator status of FAC+ or wetter. Soil samples beneath the fill
indicate a high percentage of organic material. The purpose of the work is to
cover trash and debris deposited by unknown members of the community, and to
create a grassed yard. 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 (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
(DEM)•
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 (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
-3-
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 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 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 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 North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 1, 1991.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
7(, Nr-, -1A

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Action ID No. 199101812 June 6, 1991
PUBLIC NOTICE
MR. ALTON INSCO, 6640 RIVER ROAD, WILMINGTON, NORTH CAROLINA 28403, has
applied for a Department of.the Army (DA) after-the-fact permit TO AUTHORIZE
THE PLACEMENT OF EARTHEN FILL MATERIAL IN WETLANDS ADJACENT TO A TIDAL
CREEK/CANAL OFF THE CAPE FEAR RIVER, ON RIVER ROAD, IN WILMINGTON, NEW HANOVER
County, North Carolina.
This public notice does not imply, on the p 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 thy. 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 that approx%::iately 22,500 square feet of jurisdictional
wetlands have been filled and landscaped. The canal was dug years ago,
removing tidal influence from ^.e wetlands which have been impacted. Some
trash and debris have been duo •i in the area, and vegetation, while still
characteristic of coastal wet. '.ds-, has probably been altered to some degree.
Vegetation in adjacent unfille,'_ areas is hydrophytic, and most of the species
have an indicator status of FAC+ or wetter. Soil samples beneath the fill
indicate a high percentage of organic material. The purpose of the work is to
cover trash and debris deposited by unknown members of the community, and to
create a grassed yard. Plans showing the work are included with this public
notice.
The applicant has determined thr-, the proposed work is consis? at I
North Carolina Coastal Zone Management Plan, and has submitted thi
determination to the North Carolina Lvision of Coastal Management (ACi
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
Clean Water Act by the North Carolina Division of Environmental Manageme:
(DEM)•
b. The issuance of a permit to dredge and/or fill under North Caroli;
General Statute 113-229 by the NCDCM.
8. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
their delegates.
-2-
- 0j,
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 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 viewpoirl:, s'received and reviewed by this agency.
Recipients of this notice are.e7.&6uraged to furnish comments on factors of
concern represented by the al-" agencies directly to the respective agency,
with a copy furnished to the :orps of Engineers.
This application is being considered pursuant to Section 404 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 archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its"intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and, if so, the conditions under
,`which it will be allowed to occur, are therefore determined by the outcome of
the general balancing process. That decision should reflect the national
concern for both protection and utilization of important resources. All
factors which may be relevant to the proposal must be considered including the
cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property
ownership, and, in 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 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 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 North Carolina Division of Environmental
final action in the issuance of the Clean Water
July 1, 1991.
Management plans to take
Act certification on or after
-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 June 25, 1991, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 8, 1991, or telephone [phone].

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4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28452-
IN REPLY REFER TO
Regulatory Branch
Action ID. 199101812
June 24, 199
Mr. John Dorney
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. Dorney:

1661 .7y

Enclosed is the application of Mr. Alton Insco for Department of the Army
authorization and a State Water Quality Certification to authorize the
placement of fill material in wetlands adjacent to a tidal creek/canal off the
Cape Fear River, Wilmington, New Hanover County, North Carolina. Your receipt
of this letter verifies your acceptance of a valid request for certification
in accordance with Section 325.2(b)(ii) of our administrative regulations.
v
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 August 24, 1991, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeffrey Richter, telephone
[phone].
Sincerely,
e Wri t
iRegulatory Branch
Enclosure
tt/
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Her'stine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
•

r

R or prMt. Carefully describe all an-
ent activities, including construc-
f[lling, paving, land clearing,, and
' st3t'r kFl 'WhetL, If the roAuested information is
- i+e1101-"tt to -your project, write NIA (not ap-
Items ; 8.9
JQJJ.W In
/ L

L) " ? Stater ? C 'in phone E lei
`°Authorized agent
:Lattdovvner or
b, Project AMLi (if arty) n n p
G:"If the Aftlicant It ndt the landowner, also give
"°:, i-ft m ees name and Wdress.
. Z: 'nON OF PROPOSED
Streer eddres= r secondag ad number
unity; landmark
Ci
n?
co C
C. C&d?tYt,-1-:01tW der
-d.'ptt?poeed work within city limits or planning
,-h lr: -Naute;of body tern xst project
y? d.
`99[p?Iyp_
d. Dn?? ? ibe theo planned use of the..projec?t. 4
r ,
: D .?i?VA'I'ER w ,
,..taw w i .?.
a Size of entire tract - ?` r •.?k`? .
b. Site of individual lot(s) N
c. Ele-Ati& bf tiacf above meats sea level or Na•
tional Geodetic Vertical Datum . Z A - - ?
Sol type(s) and texttile(s) of tract
-.•-BLAGr_ S.. S L
e. • Vegetatiol on tract -
- eds • h.
f. Man+ntade featu "holO oh tract
g6ose)e.J
g. What' 11 the CAMA Land'Use Plan Chnifica•
tion of the site? (Consult the local land tine
plan.)
Conservation Tiansitional
Developed Comfitu City
h. How is' the tract Toned by local govetnmend
is How are adjacent waters elassiRed? ckis?l
J. Has a professional archaeological survey,. been
carried out for the tract? - N'o
If sos by whom? -
5 UPI.AI?D DEVELUPMEN:
'Complete this section if the project inclines any
upland development.
a. Type. and number of buildings, facilitieJ, or
structures proposed n on _
•.y
i?, a •tl
b. Number of `lots or, parcels
c. Density (Give the number of residential units
and the units pei' acte.) 'V/A
t
d. Size of area to be graded'or Jisturbed-VI e .
e. If the proposed project will disturb mote. than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation contrbl plan at least 30 days before land
disturbing activity begins. If applicable,•has a
sedimentation and erosion control plan. been
submitted td the DiYii ion of Land kesourc"d
-- : USJ ZED PROJECT
a: - bewtibe all development activities you propose
(for e2ample, building a home, motel, marina,
bulkh r or pier). /
s .- .. r.' P r r J h-1 AS l?
b6 ;
If j?YU plot td build a asatM, also complete
9W'1kt0Wh Form DCM-W-2.
b. Is iW060dsed activity 4mintenance of an ex-
3tittf'project, new work, or both?_
c. Will the project be for community, private, or
etxnttieretal use?
f. Give the percentage of the trace ?5 feet
of mean high water to be by im-
permeable surfaces, pavement,
buildings, or roof - h nn 1?.
1

the. nutedals, such as marl, paver stone,
Z"it,?ot e, to be used for paved
MOM
D ti
_
,;, j itppitcable, has a stonnwacer management
(y:, iubmitted tothe Division of En-
ac...,?kT
f
-Mp andlor waste
IffaItment' far-11 tties: h d in P .
JSs<::these facilities teeeived state or local
fit non
-L,;.0detibe existing treatment facilities.
n f.,
i...:D_ewribe location and type of discharges to
of the state (fot example surface runoff,
k, oft o wa3tew6ter4' industrial/commercial
,1. of wash down").. n 0 h
w4= rid Wpply source n o n e-
ft. ' Ift6ft-ooject is oceanfront development,
"t}tibe-thei steps that will be taken to main-
.. -,;;;:,tai1_gtablished public beach accessways or pro-
,_: v&l!t . t1er1? acres. -n 0 ?Z P_
o,...lf the project is on the oceanfront. what will
;,. ;:'.tae =the elevation above m an sea level of the
habitable flotl '^----Q-
"! CAVAfiON AND FILL
-;? INFORMATION
as , Uesetibe 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 OM)
' Bost basin
Othet (bmk-
"tec, pier,
" bosttarrtp,
took jetty)
Fill placed in -
wEdand or below
MHW }U69
Noa1E WA M/
Upland fill
areas
b. Amount of material to be excavated from ~ -
/c yards ? n
below water level in cubic
c. Type of material. .-
d. Does the area co be excavated ?uric tsh'
land, swamps. of other wet ds? . ' ..
e. High ground excavation,, in cubic yards
f. Dimensions of spoil disposal area abur,ltfa??
g. Location of spoil disposal area UTWE4-:A k "
D it.1p,
h, Do you claim tide to , j-posal areal ? -
If not, attach a letter granting permission from .
the owner.
I. Will a disposal area he'AMable for fuftirt'
maintenances
If so, where?
j. Does the disposal area include any marshland:
swampland; or water areas? Ton E S ALA 1
k, . Will the fill material be placed below, mean .
high water? N'0 70`
1. Amount of fill in cubic yards
m, Type of till material sAwo t s aI o V- Gray
n. Source of fill material N°?t, N G ?o?
.0. Will fill matettal be?ptaced 'on tnatsk'or'o her
?s
wetlands? Sd ?n e di'au s A be w ,
p. Dimensions of the wetland to be filled `
q. How will excavated or fill material` be"?, kept
- ? IJ4 -
site and erosion controlled. - -??g ,
r: What type of construction equipment' will bi
used (for example, dtr?illine, ,backha.--csf ; ,?
hyttic?dredge)1 . -/"rA c ?o r :?.1
s. Will wetlands be crossed in transpotdng equAp-
ment to the project site?= if yes, iXplain
the steps that will be taken to lessifi'M W"'
41thtzthental „ittip cts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or iiprap
b. Average distance wateiward of tt}ean high water
or normal water level
C. Shoreline erosion u rig preceding;12 months.
in. feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, td a placed
below mean high water
f. Type of fill material

.
_.
#g iLLN. m mpleted application foss, the
must be submitted:
l1?a4• the deed (with state application only) or
timment under which the applicant claims
ti&Wft effected property. If the applicant is not
t OMim-be.the owner of said property, then for-
' weld -6f the deed ' other instrument under
whi& t ttwrw. claims tick, plus written permis-
??Siott,frotti the owner to carry out the project.
irate work plat (including plan view and
biltilrr` .:,sssttional drawings) drawn to scale in black
ittiiv %x I I white paper. (Refer to Coastal
_,Reio Commission Rule 7J.0203 for a detailed
...
:?.rl?fes" rate that original drawings are preferred and
;gtaiy copies will 'be accepted. Blue-line
Pt- ar'6thei larger plate ere acceptable only if 16
1t g .7- pits are provided by the applicant.
?.{Adn t.:the.S. Army Coro 'of Engineers regard-
_itK :thagency `s use of larger drawings.) A site or
,?_loeadiii trap 1'a part of plat requirements and it
must W ii6cliittly detailed to guide agency per-
sonnel`tiE niillig *ith the arcs to the site. Include
'.aoiaw paad,'(SR) numbers, landmarks, and the like.
A dordiwster maaa ent plae, if applicable, that
,iii ' i biai developed in cohsultation with the
0ivis1on of FA,Vittsrimenta1 Management.
!-11 4NO416`"es and complete addresses of the
utatfront (dpariat!) landowners. These
itili' 1 avd 30 days in :which to submit com-
?eKWOt-the proposed proea to the Division of
Carl' Bement. The applicant must advise
E!'I!'tChhtlandowners of this opportunity by sen-
" dlr'Cq'tt"tdpl' of the permit application to them by
mcpwrerwr oC certified mail. This notification is re-
quued by -G.S. 113-229(d).
Address
Name
Address
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the. Depart-
ment of Natural Resources and Community `
Development to cover the costs of processing the I
application.
A signed AEC hazard notice fct projects in ocean-
front and West areas.
A statement bn the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental, Policy Ac_t ? '
(N.C.G.S, .113A-1 to 10).
9 CERTIFICATION. AND P
SION TO ENTER. ON LAN'D`
Any-permit issued in response 'to this applicaddh
will allow only the development descri ;edlri the
application. The project will be subject to eondi=
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 Progeam `
and will be conducted in a manner consistent with
such program.
I further ctrtifjr that I am' authorized to grant, and
do in fact, grant peftisdion 'to representatives of
state and federal review agencies to enter. on the
aforementioned lands in, connection with .
evaluating information klated co this permit ap•
plication and follow-up monitoring of project.
This is they Z 3 day of
19
wner r Authorized agent
art
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 nu_oJ-r
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3

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199101812 June 6, 1991
PUBLIC NOTICE
MR. ALTON INSCO, 6640 RIVER ROAD, WILMINGTON, NORTH CAROLINA 28403, has
applied for a Department of the Army (DA) after-the-fact permit TO AUTHORIZE
THE PLACEMENT OF EARTHEN FILL MATERIAL IN WETLANDS ADJACENT TO A TIDAL
CREEK/CANAL OFF THE CAPE FEAR RIVER, ON RIVER ROAD, IN WILMINGTON, NEW HANOVER
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 that approximately 22,500 square feet of jurisdictional
wetlands have been filled and landscaped. The canal was dug years ago,
removing tidal influence from the wetlands which have been impacted. Some
trash and debris have been dumped in the area, and vegetation, while still
characteristic of coastal wetlands, has probably been altered to some degree.
Vegetation in adjacent unfilled areas is hydrophytic, and most of the species
have an indicator status of FAC+ or wetter. Soil samples beneath the fill
indicate a high percentage of organic material. The purpose of the work is to
cover trash and debris deposited by unknown members of the community; and to
create a grassed yard. Plans showing the work are included with th 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 (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
(DEM).
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 (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
-3-
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 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 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 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 North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 1, 1991.

74
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199101812 June
PUBLIC NOTICE
JU on
MR. ALTON INSCO, 6640 RIVER ROAD, WILMINGTON, NORTH CAR VA ?,'nas
applied for a Department of the Army (DA) after-the-fact pe ZE
THE PLACEMENT OF EARTHEN FILL MATERIAL IN WETLANDS ADJACENT A ftW
CREEK/CANAL OFF THE CAPE FEAR RIVER, ON RIVER ROAD, IN WILMI An"awrBH
County, North Carolina.
This public notice does not imply, on the parts of the Corps o?€ers
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 that approximately 22,500 square feet of jurisdictional
wetlands have been filled and landscaped. The canal was dug years ago,
removing tidal influence from the wetlands which have been impacted. Some
trash and debris have been dumped in the area, and vegetation, while still
characteristic of coastal wetlands, has probably been altered to some degree.
Vegetation in adjacent unfilled areas is hydrophytic, and most of the species
have an indicator status of FAC+ or wetter. Soil samples beneath the fill
indicate a high percentage of organic material. The purpose of the work is to
cover trash and debris deposited by unknown members of the community, and to
create a grassed yard. 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 (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
(DEM).
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 (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
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EVERY DAY
NORTH CAROLINA
WILDLIFE
FEDERATION
P.O. Box 10626
'RALEIGH, NORTH CAROLINA 27605-0626
(919) 833-1,923
June 12, 1991
Mr. Jeffrey Richter
Department of The Army
Corps of Engineers
P. D. Box 1890
Wilmington, NC 28402-1890
Re: Authorization of an after-the-fact permit to Mr. Alton
I nsco in Wilmington, New Hanover County, North Carolina
Dwar Mr. Richter:
These comments are provided on behalf of the North
Carolina Wildlife Federation in response to the Corps' public
notice and issuance of an after-the-fact permit to authorize
activities affecting wetlands in New Hanover County, North
Carolina.
The post de facto activities carried out by the
applicant are in direct violation of the Clean Water Act,
therefore, a permit should be denied until full compliance is
met pursuant to Section 404 guidelines. For this to occur,
the applicant must restore the impacted wetlands, determined
by wetland hydrology characteristics and self-supporting
vegetation that existed prior to the activities. Thereupon,
if so desired, the landowner can request a permit. This will
allow subsequent review procedures to take place, including
resource agency consultation and public participation, that
are legally directed and critical to wetlands pry jects.
The Corps should not grant this permit, because Of the
precedent that continues to be set through issuance of
after-the-fact permits. If landowners and developers
continue to circumvent required legal channels, unauthorized
wetlands destruction will progress unabated.
Sincerely,
Michael F. Cor Oran
Executive Vice President