19920562 Ver 1_COMPLETE FILE_19920122

A i 6.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
February 5, 1992
Regulatory Branch
Action ID. 199203741
Mr. Harry White
Post Office Box 106
Waves, North Carolina 27968
Dear Mr. White:
By copy of the North Carolina Division of Coastal Management
correspondence addressed to you, dated October 6, 1992, we have learned that
your proposal to place fill material in 0.028 acres of 404 wetlands on your
property adjacent to Pamlico Sound, Waves, Dare County, North Carolina, has
been determined to be inconsistent with the Dare County Land Use Plan and
the North Carolina Coastal Management Program. Therefore, under the
administrative rules of our regulatory program, we cannot give favorable
consideration to issuance of Federal authorization. Accordingly, your
Department of the Army application is hereby denied, without prejudice, and
your file has been retired.
Further consideration for Department of the Army authorization must
await your successful appeal of the findings of inconsistency with the North
Carolina Division of Coastal Management. After you have satisfied the Dare
County Land Use Plan and the North Carolina Division of Coastal Management,
we will reconsider your application for Federal authorization.
Thank you for your time and cooperation. If you should have any
questions concerning this matter, please contact Mr. Raleigh W. Bland at the
Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, or telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
I
-2-
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. David Griffin, District Manager
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
vf< 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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Rodgers
Bissell Associates
Post Office Drawer 1068
Kitty Hawk, North Carolina 27949
:, g
Qx-
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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary December 4, 1992 Acting Director
Mr. Harry White
Post Office Box 106
Waves, North Carolina 2796.8
Dear Mr. White:
Subject: Proposed Fill in Wetlands or Waters
Parking lot construction
Dare County
Upon review of your request for Water Quality Certification
to place fill material in 0.028 acres of wetlands or waters for a
parking lot located at Waves Edge Mesquite Grill in Waves, North
Carolina in Dare County, we have determined that the proposed
fill can be covered by General Water Quality Certification No.
2733 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. 18.
If you have any questions, please contact John Dorney at
919/733-1786.
Sincerely,
resto oward, r. P.E.
(APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Rodgers, Bissell &Akss& dates
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9191946-6481 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
o
MEMORANDUM
TO: John Dorney
Planning Branch
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
INITIALS:
Reviewer
WQ Supv:
Date: PERMIT_YR: 92 PERMIT-NO: 0000552 COUNTY: DARE
APPLICANT NAME: HARRY WHITE
PROJECT-TYPE: PARKING LOT PERMIT-TYPE: NW18
COE-#: DOT-#:
RCD FROM CDA: APP DATE_FRM CDA: 09/29/92
?? I C??E?:? O RI VER_AND_SUB_BAS IN # : j?? g S
?j ?-
STREAM-CLASS:
STR INDEX-NO: 30- 2
WL_IMPACT? :®/N
WL REQUESTED : • O $ V udU?
- ?W?iLHi3175?, cFCI
HYDRO_CNECT? :('N
MITIGATION?: Ye
WL_TYPE: W ACR EST? :?N
WL_SCORE (#) : 463
MITIGATION TYPE:
MITIGATION-SIZE: --- `,
IS WETLAND RATING SHEET ATTACHED?:o N ?I A.
RECOMMENDATION/(Circle One): ISSUE SSUE/COND DENY
COMMENTS:
2
cc: Regional Office
Central Files
all
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3FXi{ ,t
. I
OEM ID:
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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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO
P . 0 . BOX 1890 AND NATURAL RESOURC 0 t2
WILMINGTON, NC 28402-1890 P.O. BOX 29535 15
ATTNCESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY SEP 9
Telephone [phone]
WETLANDS GROUP
ONE (1) -tOPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO AWYSECT!,0J
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C.'DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : W -N
2. OWNERS ADDRESS : ?• 50y, NO
3. OWNERS PHONE NUMBER (HOME). Af (WORK): Cq ?q - Z IGo
4. IF APPLICABLE: AGENT'S NAME OR
PHONE NUMBER:
5.
IBLE CORPORATE OFFICIAL, ADDRESS,
6. NAME OF CLOSEST STP.EAM/RIVER: FF}'In?wco s6uW,)?>
7. RIVER BASIN: Cc)ymD
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS 1, OR WS II? YES [ ] NO i
j
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR;USE ON THIS
PROPERTY? YES [ NO ,
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2/3/92
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY:
NEAREST TOWN OR CITY: /
SPECIFIC LOCATION (;NCLUDE ROAD Iv^JMBERS_L LANDMARKS,;, ETC:):

41

11. 'NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSEb.PRNEOTi,';',
FILLED: Z c. ;
.,DRAINED: r
FLOODED: b( A• _
EXCAVATEDi
ter
i
TOTAL IMPACTED:
-A -,;ft 1
12, DESCRIPTION OF
13. PURPOSE OF PROPOSED WORK: fir--" 1ySr- LM Mrf'T'aT??
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY M
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TOjMINIMIZE WE'
IMPACTS. 7HO5-? Ale 140 ?G S JP E
15. YOU ARE REQUIRED TO CONTACT THE U.S, FISH AND WILDLIFE"SE'RVt`g4
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS?.RFG4RUIN4;,T1
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR1094'
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA H MAY HE AFFECTEp,
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ NO [ I r
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED
16.. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTI IN THE PoMZT
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES NHS ? J u
RESPONSE FROM THE SHPO SHOULD BE ATTACHEDP'
17.' ADDITIONAL INFORMATION REQUIRED BY DEME' i
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, ANA
THE PROPERTY. !`.
'B. IF AVAILABLE, ,REPRESENTATIVE-PHOTOGRAPH OF WETLANDS,TO
PROJECT.
!C. IF DELINEATION WAS PERFORMED BY A CONSULTANTf INCLUDE:,Ai?V
;RELEVANT TO THE PLACEMENT OF THE DELINEATION LINER
A
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROjE
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? w ?CJ
F, IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL!'
Aq
.aAWpPfL& SIGNATURE
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I PROPos?p
98
101. O
$ I IZO Io-sep HL C_ = qa X I Z •?j'? ?? LZS Jgl?1 •O
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RESTAURANT r. •
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ru/rtal DECK _ _ 1 91 PLAN OR: `.'
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HARRY W. WHITE CO., INC.: k
W zR
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WAVES EDGE' MESQUITE GRILL
;.
WAVE NC
TOWN: WAVES- COUNTY: DARE NORTH CAROLINA
MOE'
i

TATE o
OCT 1 4 199?_
WETLANDS GRvU
WATER UALITYSECTION
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Coastal Management
Highway 17 South • Elizabeth City, North Carolina 27909
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary October 6, 1992 Director
CERTIFIED MAIL
Mr. Harry White
P. O. Box 106
Waves, NC 27968
RE: DEM ID 92-562, Nationwide Permit Application for an activity
located in Dare County.
Dear Mr. White:
The North Carolina Division of Coastal Management has reviewed the above referenced application
for a Nationwide Permit 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 the special development standards for the Conservation
Land Class in the 1987 Dare County land Use Plan. These standards indicate 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...""
The activity proposed in this permit application (wetlands fill and no mitigation) is clearly inconsistent
with the County's land use plan as noted above, and is therefore inconsistent with the North Carolina
Coastal Management Program. As an alternative, we would suggest consideration be given to
rearranging the parking plan to more fully utilize the available highground currently on site, and we
would be glad to meet with you to review possible parking layouts.
Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Mr. Harry White
October 6, 1992
Page Two
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 me at [phone]
at your earliest convenience to discuss possible modifications or alternatives.
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 thirty (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 North Carolina Division of Coastal
Management in Raleigh, NC is available to discuss the appeal procedures and to provide assistance if
needed in filing an appeal. He can be reached at [phone].
Sincerely,
David R. Griffin
District Manager
DRG/dc
cc: Roger N. Schecter, Director
NC Division of Coastal Management
Preston P. Pate, Jr., Assistant Director
NC Division of Coastal Management
Steve Benton, Consistency Coordinator
NC Division of Coastal Management
Wilmington District Engineer (CERTIFIED)
ATTN: CESAW-CO-E
Ms. Trudy Coxe, Director (CERTIFIED)
US Department of Commerce, OCRM
Washington, DC 20235
John Dorney, Water Quality Section
NC Division of Environmental Management
------------------
. A?u"I ""
40, I (Due to time constraints and stalling limitations, we
)hEM ID • a Rather the information necessary for
Z ? prov3 inC Afnents. TW3 on-SWOLD imo4ies neiti?er
approval nor disapproval of the project)
JOINT APPLICATION FOF
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATIC
NATIONWIDE PERMITS THAT REQUIRE SECTION 401
ONWIDE PERMITS THAT REQUIRE INDIVIDUAL
I TON" STRICT ENGINEER y3
E NEERS
THE ARMY f g>yP 1992 N
01 C 28402-1890 .. b ® P
W-CO-E ?g0s%% ? R
[phone] pt4?? A

ION 401 CERTIFICATION
ER QUALITY PLANNING
ISION OF ENVIRONMENTAL MANAGEMENT
EPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESO
BOX 29535 !S R O M f?
IGH, NC 27626-0 !S 15 U t5
N: MR JOHN DORN
ephone (919) 733- SEp 9 W2
ONE (1) 'COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT 0 T MM SS QI UP
T UALITY SECT10
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C.,DI?•...
ENVIRONMENTAL MANAGEMENT.u PLEASE PRIrN.T1.
1. OWNERS NAME : W
?. p, pox l ?(o
2. OWNERS ADDRESS;
3. OWNERS PHONE NUMBER (HOME)' (WORK): gII"I -L - Z 100
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: ZMOHIO R 762-S
5. LOCATION OF PLA EI) WORK (ATTACH MAP).
COUNTY : t>ffW?_
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBEF
, ' ETC ) :

6. NAME OF CLOSEST STREAM/RIVER: ,tIU CO N?
COyN?
7. ;RIVER BASIN: LA
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ l NO
9. HAVE ANY SECTION 404 PERMITS BEEN PRE IOUSLY REQUESTED FOR'USE ON THIS
PROPERTY? YES [ J NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2/3/92' .
.. `° 4? .??` '
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....w v ?'•6yr ? ti Y 4 .
t ` •