19920209 Ver 1_COMPLETE FILE_19920101

To: John Dorney
I? Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMMA MAJOR PERMIT APPLICATION REVIEW
WaRO PROJECT # q2- "0 ?G ??---
REVIEWER: SAWYER
WQ SUPERVISOR: TH c?
DATE:
WF.TTANfl TNrAmwtnTTn1J L'AQ nFWTDST. AL+L+TnL+ TD'wn4TVf±
PERMIT YR: 92 , FERMI NO.: j{ P.0 3 COUNTY:
PROJECT NAME: 4
PROJECT TYPE: PERMIT TYPE:CAMA O
?ZER~
COE DOT#:
N
RCD FROM CDA: DCM DATE FROM CDA: ?C
REG OFFICE: WaRO RIV?,RSUB BWN#:
*STREAM O ADJACENT WATER BODY: (? Z- -/
CLASS:J j?- STREAM INDEX #: 30 - ?-2--
*OPEN OR CLOSED,
WL IMPACT: 400 WL TYPE:
WL REQUESTED:( 00 WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE, RATING SHEET ATTACHED?:
RECOMMENDATIO SS ISSUE/COND DENY
STORMWATER PLAN REQ'D:
IF YES, DATE APPRO D:
ice-
P?OJTCT DESCRIP ON:
WATER QUALITY CE T. 401
CERT. REQ'D:
IF YES, TYPE: *14
SEWAGE DISPOSAL
/0411-
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: WETLAND: GOo ?
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? ,? /
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? ` v
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGENINBASIN: CLOSURE OF SHELLFISHING WATERS:

Page Two
'S 12- -0 3,--,1=
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: Central Files
Washington Regional Office Files
DCM-John Parker
Elizabeth City
Morehead City
Washington
COE:Washington Field Office
'IT

tQ
t
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
April 30, 1992
George T Everett, Ph.D.
Director
Wilton Meekins
107. Marian Place
Jacksonville. North Carolina 28546-8101
Dear Mr. Meekinsi
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Road access
Dare County
DEM Project 92209
Upon review of your request for Water Quality Certification
to place fill material in 0.01 acres of wetlands for road access
located at Hwy.12 in Dare County, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2666 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 14.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
e rge T. Everet
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional office
Washington DEM Regional office
Mr. John Dorney
Central Files
RFGIONAI. OH K f,
U)(willc F,tvcttc%ill(. 1?xirc??illc R.ilcigh V1I'Jlington V'ilmington WimumS?Icm
704/251-o208 919/486-1541 704/(03-1610) 91`)/57147(X) 919/94(6481 919/395-39(x) 919/896-7(X)7
Pollution Prevention Pays
1'O Box 2%5; R.lcigh. North Carolina 2762t?0i35 ?Iclcl,honc 90 71 3 7015
\.• I,µi.il t )t,tv n.w? t' Ator manor A, ti, .., I -pik"',
r•
.l

Wilton R. Meekins
101 Marian Place
Jacksonville, N.
Dear Mr. Dorney:
C. 28546 8101
v
May 15, 1992
I understand and appreciate the let i y Mr. Everett dated
April 30, 1992, but I totally don't ders d the letter signed by
Mr. Schecter datedMay 8, 1992.
I was going to Cape Hatteras this weekend and make the arrangements
for the proposed fill in until I received.Mr. Schecter letter Wednesday
May 14, 1992. I had no idea I was going to get a letter from the Division
of Coastal Management.
I am just a average citizen trying to get get this fill in approved.
I just cannot understand why I get two different opions. I understand
there are two different Divisions involved now - but both are with
the Department of Environmental Management.
When I was getting ready to file the Nationwide PermitI met on sight at
the property in question with Mr. Scott McLendon of the Regulatory
Branch Washington, N. C. and Mr. Peter B. Colwell Field Representative
Division of Coastal Management Elizabeth City, N. C. Both were real
help full and was totally aware what I was going to do and did not mention
anything about being inconsistent. with the N. C. Coastal Management
Program.
I have also been to the library at the court house and with some help
of the Gentleman in charge could only fin the following amended Coastal
Zone Management Act of 1972 - 92-583, 93-612, 94-370, 95-372, 96-464,
99-272, 101-508, no section 307.
Would you please get in touch with Mr. Steve Benton or someone in Coastal
Management and talk this over, and some how let me know what I am to do
next. I am totally confused.
I appreciate your help.
Sincerely your
W. R. Meekins
Home 919 455 8251
Work 919 455 2600 ext 225
J
e „a SPATE' o
ti
t
•? Wnrnr?a'
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 Roger N. Schecter
William W. Cobey, Jr., Secretary CERTIFIED MAIL Director
May 8, 1992
Mr. Wilton R. Meekins and Mr. Joseph E. Jennette, Jr.
101 Marian Place
Jacksonville, NC 28546-8101
REFERENCE: DEM ID 92-209, Nationwide Permit Application for an
activity located in Dare County.
Dear Mr. Meekings and Mr. Jennette:
The NC Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 4/15/92 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based
upon our review, we have determined that the proposed activity is
inconsistent with the North Carolina Coastal Management Program.
Specifically, the proposal is inconsistent with enforceable policies
in the Dare County Land Use Plan. The wetlands affected by the proposed
activity are classified in the Plan as "Conservation". The Plan states
that "Development or alteration of land, including the construction of
single family residences on suitable land is appropriate within
conservation areas where it can be shown that the proposed development will
not destroy or irretrievably alter (a) wetlands...". Since the proposed
fill will destroy or irretrievably alter wetlands, the proposal is
inconsistent with this policy.
As an alternative, we suggest the consideration of a bridge. Bridging
the wetlands would provide the required access to the high ground
development site without destroying or irretrievably altering the wetlands.
Similarly, we suggest consideration of the use of alternate routes that
take advantage of the high ground on the property for access to the
proposed home sites.
We will be happy to reconsider our position should your proposal be
modified such that the project is no longer inconsistent with the above
listed policies. Please feel free to contact Mr. David Griffin, Division
of Coastal Management Elizabeth City District Office, at [phone] at
your earliest convenience to discuss possible modifications or
alternatives.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Meekins/Jennette 5/8/92
Page 2
If you disagree with our finding, you have the right to appeal our
decision to the Secretary, U.S. Department of Commerce, Washington DC. The
appeal must be filed within 30 days of receipt of this letter and must
specifically address one of the following findings: that although the
project currently is inconsistent, it may be federally approved because (1)
the activity is consistent with the objectives or purposes of the Federal
Coastal Zone Management Act, or (2) is necessary in the interest of
national security. Mr. Steve Benton of the NC Division of Coastal
Management in Raleigh is available to discuss the appeal procedures and to
provide assistance if needed in filing an appeal. He can be reached at
[phone].
cc: Mr. Preston P. Pate, Assistant Director
NC Division of Coastal Management
Mr. David Griffin, District Office Manager
NC Division of Coastal Management, Elizabeth City
Mr. Steve Benton, Consistency Coordinator
NC Division of Coastal Management
Mr. John Dorney, NC Division of Environmental Management
Wilmington District Engineer (CERTIFIED)
ATTN: CESAW-CO-E
Ms. Trudy Coxe, Director (CERTIFIED)
US Department of Commerce, OCRM
Washington, DC 20235

Stan u
t
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
April 30. 1992
George T. Everett, Ph.D.
Director
Wilton Meekins
101 Marian Place
Jacksonville, North Carolina 28546-8101
Dear Mr. Meekins:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Road access
Dare County
DEM Project 92209
upon review of your request for Water Quality Certification
to place fill material in 0.01 acres of wetlands for road access
located at Hwy.12 in Dare County, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2666 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 14.
if you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
e rge T. Everet
GTE: JD
Attachment
CC: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
A,heville Favettevtlle Mooresville Raleigh Washington Wilmington Winston-Salem
7_4251-6208 919/486-141 704/663-1699 919/571-4700 919946-6481 919/395-3900 y19i896-7007
Pollution Prevention Pays
PO. Box 29535 Raleigh. North Carolina 27626-0535 Telephone [phone]
%n Equal Oppo"unm Athrmative Action Emplo.er

• GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD
CROSSINGS)
This General 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 Envi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to waters and wetland areas as described in 33 CFR 330
Appendix A (B) (14) of the Corps of Engineers regulations (i.e.,
Nationwide Permit No. 14) The category of activities shall
include any fill activity for road crossing and is limited to
fill less than one-third of an acre. This Certification replaces
Water Quality Certification Number 2177 issued on November 5,
1987.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303; 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in.
accordance with the conditions hereinafter set forth.
Conditions of Certification: ?.
1. Proposed fill or substantial modification under this Gen-
eral Certification requires written concurrence from the
Division of Environmental Management.
2. If written concurrence is not issued by the Division of
Environmental Management within 45 days from receipt of a
complete application by the Division's 401 Certification
Office in Raleigh, then 401 Certification is waived for
this Nationwide Permit unless additional information is
requested in writing by the Director;
3. The width of the fill is limited to the minimum needed
for the actual crossing;
4. That=?h-e roadway width shall be minimized as much as
pract-icable and that no practicable alternative exists;
5. That established-sediment and erosion control practices
are utilized to prevent violations of the appropriate
turbidity water quality standard (50 NTUs in streams and
rivers not designated as trout waters by DEM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; and
10 NTUs in trout waters);
6. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until
the concrete has hardened;
7. That additional site-specific conditions may be added to
projects proposed under this Certification in order to
ensure compliance with all applicable water quality and
effluent standards;
8. Concurrence from DEM that this Certification applies to
an individual project shall expire three years from the
date of the cover letter from DEM.
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project.
The Director of the North Carolina Division of Environmental
Management may require submission of a formal application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Caro-
lina Division of Environmental Management.
This is the 21st day of January, 1992
DIVISION OFF,--ENJ?IRONMENTAL MANAGEMENT
B
y
1
George T. rett, Director.
?
gencert.l4
jrd/gc
WQC# 2666

hPR 1 51992
DEM I D : 2 -,) C) /
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. CEASE PRINT.
Wilton R. Meekins
1. OWNERS 14AME: Joseph E. Jennette, Jr.
2. OWNERS ADDRESS: 101 Marian Place
N. C_ 2 8 5 4 6 - 8101
919 455 8251 919 455 2600 ext 225
3. OWNERS FHONE NUMBER (HOME): (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
N/A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Dare
NEAREST TOWN OR CITY: Buxton, 920
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Hig way 12 - Buxton, - ac o ig e
Assembly Church
6. NAME OF CLOSEST STREAM/RIVER: Pamlico sound
7. RIVER BASIN: N/A
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, 11QW, ORW,
WS 1, OR WS :17 YES ( ] NO ( Xk
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE 014 THIS
PROPERTY? YES ( ] NO kX]
IF YES, EXPLAIN.
10. FSTIMATED TOTAI H1111PH IT ACHF5 OF 11FTLA111); I OrATrn mi [Infi ff'i'T MTV.

-2-
NUMBER OF
FILLED:
DRAINED: r
FLOODED:
EXCAVATED
TOTAL IMPA
ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
600 SQ FT of Area
N/A
N/A
N/A
'wTED : N/A
12. DESCRIPTION OF PROPOSED WORK (A'I"TACH PLANS): Use existing berm for
entrance road to gain access to high part of property
13. PURPOSE OF PROPOSED 1IORK • Gain access to high part of propert
(high around to hia around, -
14. STATE REASONS WILY THE APPLICANT DFLIEVFS THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. From our right of way this is the only way t2 gain access
to high grounds of prn rty Thi c rnarl wi 1 1 nrt+ _aa5zQgse _y
effect federally listed pn anaerP nr thrPa ,-nded q; A--i es, and
no archaeological sites within propposed property
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE.
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES Ofi CRITICAL HABITAT IN THE PERMIT AREA THAT MAY HE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES (XA NO ( I
RESPONSES FROM THE USFWS AND/Ofi IIMPS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SIIPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY RE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES NO ( ) (attached)
RESPONSE FROI4 THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL. INFORMATION REQUIRED BY DEM:
A. VIETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION 14AS PERFORMED BY A CONSULTANT, INCLUDE W. DATA SHEE'T'S
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
U. IF A STORMWATER MANAGEMENT ELAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E, WHAT IS LAND USE OF SURROUNDING PROPERTY? Individual homes -.which
we plan to build one each for ourselves.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
. 16
-2-
Use of NWP 12 also requires notification to the District Engineer, but work
may not begin until written concurrence is received from the District
Engineer. The time periods described above do not apply. Furthermore,
requirements to notify the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the State Historic Preservation
Office (SHPO), as indicated below and on the notification form, do not apply.
B. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION.
-Certain nationwide permits were denied general 401 oerti£ioation by the State
of North Carolina and, thus, require individual Section 401 water quality
-..'certifications. They are NWP 6, NWP 17, NWP 21, and•NWP 34.
'Certain nationwide permits have general certifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a proposed action. They are NWP 7, NWP 12,
"NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total
.impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant
. ,: notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of
:Engineers and/or the N.C. Division of Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans must be on
8 1/2 x 11 inch paper.
Endangered species requirement: Applicant must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the
,;presence of endangered species that may be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD'OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
NATIONAL; MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
Historic resources requirement: Applicant must notify the State Historic
Preservation Office regarding the presence of historic properties that
may be affected by the proposed project,
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
[phone]
Information obtained from these agencies should be provided with application.
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Llsfh'HOUSE 4SSEM3L'
J," Goo C/ldRPr
ENT United States Department of the Interior
FISH AND WILDLIFE SERVICE
? i
o Raleigh Field Office
„`- Post Office Box 33726
Raleigh, North Carolina 27636-3726
TO: TM ` ,
/o ( M"a Wlace?
?Atkol /V(
INSTANT REPLY
MO I
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This form serves to provide U.S. Fish and Wildlife Service
recommendations pursuant to Section 7 of the Endangered Species Act, as
amended (16 U.S.C. 1531-1543).
Re: 2-e-i DGl/lQ+. / • v
Date of Incoming -,ette-r-
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to adversely
affect the red-cockaded woodpecker, and you should contact this
office for further information.
Concur - Is not likely to adversely affect Federally-listed
endangered or threateded species.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you
with site specific recommendations at this time.
Questions regarding this form letter may be directed to the biologist who is
handling this project. 1'4
Q i k) aA_h, c? /%?,-
Biologist Date
CONCUR: J. l3 g
Endangered Species Da e
coordinator 00
REVISED JANUARY 1, 1992
Dare County
Red wolf (Canis rufus) - E (Experimental population)
Red-cockaded woodpecker (Picoides borealis) - E
Roseate tern (Sterna douaallii douaallii) - E
Piping plover (Charadrius melodus) - T
Bald eagle (Haliaeetus leucocephalus) - E
Arctic peregrine falcon (Falco verearinus tundrius) - T
Leatherback sea turtle (Dermochelvs coriacea) - E
Green sea turtle (Chelonia mvdas) - T
Loggerhead sea turtle (Caretta caretta) - T
Kemp's (Atlantic) ridley sea turtle (Lepidochelys kempii) - E
American alligator (Alligator miss issippiensis) - T S/A+
Sea turtles when "in the water" and the shortnose sturgeon are under the
jurisdiction of the National Marine Fisheries Service and should be
contacted concerning your agency's responsibilities under Section 7 of the
Endangered Species Act. Their address is:
National Marine Fisheries Service
U.S. Department of Commerce
9450 Koger Boulevard
Duval Building
St. Petersburg, Florida 33702
There are species which, although not now listed or officially proposed for
listing as endangered or threatened, are under status review by the Service.
These "Candidate"(C1 and C2) species are not legally protected under the
Act, and are not subject to any of its provisions, including Section 7,
until they are formally proposed or listed as threatened or endangered. We
are providing the below list of candidate species which may occur within the
project area for the purpose of giving you advance notification. These
species may be listed in the future, at which time they will be protected
under the Act. In the meantime, we would appreciate anything you might do
for them.
Seabeach amaranth (Amaranthus pumilus) - C2
Dune blue curls (Trichostema sp.) - C2
+Threatened/Similarity of Appearance
- r'
•? puw?+a'v
North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
February 28, 1992
Mr. Rex Meekins
101 Marian Place
Jacksonville, N.C. 28540
Re: Access to Lots, Buxton, Dare County
ER 92-7871
Dear Mr. Meekins:
Division of Archives and History
William S. Price, Jr., Director
Thank you for your letter of February 12, 1992, concerning the above
project.
There are no known archaeological sites within the proposed project
area. Based on our present knowledge of the area, it is unlikely that
any archaeological resources which may be eligible for inclusion in the
National Register of Historic Places will be affected by the project
construction.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at
36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
Sincerely,
?2/?er
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Wayne Wright, ACOE, Wilmington
John Dorsey, DEM, DEHNR, Raleigh
109 East Jones Street 0 Raleigh, North Carolina 27601-2807
J J.." . %

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 "RQger 'N. Schecter
William W. Cobey, Jr., Secretary CERTIFIED MAIL 7-
Fa 8, 1992 JIM' MAY 1 3 1992
May Director
WETLANUZ) bKu-
Mr. Wilton R. Meekins and Mr. Joseph E. Jennette, Jr. WATER QUALITY
101 Marian Place
Jacksonville, NC 28546-8101
REFERENCE: DEM ID 92-209, Nationwide Permit Application for an
activity located in Dare County.
Dear Mr. Meekings and Mr. Jennette:
The NC Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 4/15/92 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based
upon our review, we have determined that the proposed activity is
inconsistent with the North Carolina Coastal Management Program.
Specifically, the proposal is inconsistent with enforceable policies
in the Dare County Land Use Plan. The wetlands affected by the proposed
activity are classified in the Plan as "Conservation". The Plan states
that "Development or alteration of land, including the construction of
single family residences on suitable land is appropriate within
conservation areas where it can be shown that the proposed development will
not destroy or irretrievably alter (a) wetlands...". Since the proposed
fill will destroy or irretrievably alter wetlands, the proposal is
inconsistent with this policy.
As an alternative, we suggest the consideration of a bridge. Bridging
the wetlands would provide the required access to the high ground
development site without destroying or irretrievably altering the wetlands.
Similarly, we suggest consideration of the use of alternate routes that
take advantage of the high ground on the property for access to the
proposed home sites.
We will be happy.to reconsider our position should your proposal be
modified such that the project is no longer inconsistent with the above
listed policies. Please feel free to contact Mr. David Griffin, Division
of Coastal Management Elizabeth City District Office, at [phone] at
your earliest convenience to discuss possible modifications or
alternatives.
P.O. Box .27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

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Meekins/Jennette 5/8/92
Page 2
If you disagree with our finding, you have the right to appeal our
decision to the Secretary, U.S. Department of Commerce, Washington DC. The
appeal must be filed within 30 days of receipt of this letter and must
specifically address one of the following findings: that although the
project currently is inconsistent, it may be federally approved because (1)
the activity is consistent with the objectives or purposes of the Federal
Coastal Zone Management Act, or (2) is necessary in the interest of
national security. Mr. Steve Benton of the NC Division of Coastal
Management in Raleigh is available to discuss the appeal procedures and to
provide assistance if needed in filing an appeal. He can be reached at
[phone].
cc: Mr. Preston P. Pate, Assistant Director
NC Division of Coastal Management
Mr. David Griffin, District Office Manager
NC Division of Coastal Management, Elizabeth City
Mr. Steve Benton, Consistency Coordinator
NC Division of Coastal Management
Mr. John Dorney, NC Division of Environmental Management
Wilmington District Engineer (CERTIFIED)
ATTN: CESAW-CO-E
Ms. Trudy Coxe, Director (CERTIFIED)
US Department of Commerce, OCRM
Washington, DC 20235

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 5, 1992
Action ID. 199201724 and Nationwide Permit No. 14
Mr. Wilton R. Meekins
Mr. Joseph E. Jennette, Jr.
101 Marian Place
Jacksonville, North Carolina 28546-8101
Dear Mr. Meekins:
(Road 2 (, NJ_ ,
U
1992
Reference your application received April 14, 1992, for Department of the
Army authorization to place fill material in 0.01 acres of 404 wetlands for
the purpose of constructing a minor road crossing to access your 4.04-acre
tract of property located off Highway 12, behind the Light House Church of
God, adjacent to the Pamlico Sound, Buxton, Dare County, North Carolina.
The proposed road crossing will provide access from your existing right-of-way
to the high ground area of your property.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the United States (including wetlands and other special aquatic sites)
provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
f
-2-
Your work is authorized by this nationwide permit (NWP) provided it is
accomplished in strict accordance with the enclosed conditions. This
NWP does not relieve you of the responsibility to obtain any required state or
local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
As discussed, you should contact the following State agencies to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone [phone],
and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
[phone].
Questions or comments may be addressed to Mr. Raleigh W. Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. John Dorney
North Carolina Department of Water"Quality Section
Environment, Health and Division of Environmental Management
Natural Resources orth Carolina Department of
Post Office Box 27687 Environment, Health and
Raleigh, North Carolina 27611-7687 Natural Resources
Post Office Box 27687
Mr. David Griffin, District Manager Raleigh, North Carolina 27611-7687
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909