19920140 Ver 1_COMPLETE FILE_19920101

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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
May 13, 1992
George T Everett, Ph.D.
Director
Mr. George Hardison, Jr.
Route 1, Box 402
Jamesville, North Carolina 27846
Dear Mr. Hardison:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water. Act,
Proposed fill and flooding of wetland for a dam
Martin County
Attached hereto is a copy of Certification No. 2737 issued
to George Hardison dated May 13, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Attachments
eo ge T.G? Everett
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
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704/251-6208 919/486-1541 70416(,i lolP) 919/57147(x) 919/9466481 919x'395-39(X) 919/8967(x)7
Pollution Prevention Pays
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NORTH CAROLINA
Martin 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 George Hardison pursuant to an application filed on the 17
day of March 1992 to retain after-the-fact fill and flooding of
1.7 acres of wetland for a dam.
The Application provides adequate assurance that the
discharge of fill material into the waters of Hardison Mill Creek
in conjunction with the proposed dam in Martin 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 13 day of May, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
C???
or e T. Everett, Di ector
WQC# 2737
STATE'o
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State of North CarolinFILNIL' SLC (-
State
Department of Environment, Healt W TR UALITY atura Resou_rces
Division of Coastal Management
225 North McDowell Street 0 Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
March 17, 1992
MEMORANDUM
T0: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201109
dated March 12, 1992 describing a project proposed by Mr. George Tilmon "Tim"
Hardison, Jr., is being circulated to interested state agencies for comments on
applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by April 13, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY l_?,_ This office the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed - Date
110. Box 27687, Raleigh, North Carolina 27611-7687 Tclcphonc 919-733-2293
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L?'A is SfATF' o
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 Director
March 17, 1992
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201109
dated March 12, 1992 describing a project proposed by Mr. George Tilmon "Tim"
Hardison, Jr., is being circulated to interested state agencies for comments on
applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by April 13, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199201109 March 12, 1992
Mr. George Tilmon "Tim" Hardison, Jr., Route 1, Box 402, Jamesville, North
Carolina 27846, has applied for a Department of the Army (DA) after-the-fact
permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT TO AN
UNNAMED TRIBUTARY OF HARDISON MILL CREEK IN CONJUNCTION WITH THE CONSTRUCTION
OF A DAM AND RECREATIONAL POND, SOUTH OF S.R. 1541, APPROXIMATELY 0.1 MILE
EAST OF N.C. 171, GRIFFIN TOWNSHIP, Martin 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
representatives of the Corps of Engineers. The applicant is responsible for
filling approximately 13,659 square feet (0.31 AC) of bottomland hardwood
wetlands in conjunction with the construction of a dam that will impound water
on approximately 60,600 square feet of bottomland hardwood wetlands. Total
impacts to wetlands (dam and impoundment) equals approximately 74,259 square
feet (1.7 AC). This wetland area is primarily vegetated with Bald Cypress,
Black Gum, Red Maple, and assorted wetland herbaceous undergrowth. The
purpose of the work is to impound water for the creation of a recreational
pond for waterfowl, fish, and aesthetic purposes. The applicant hand cleared
the pond area and is currently pumping water out of the pond to facilitate
clearing efforts. The applicant also proposes to construct a bulkhead
approximately 181.4 feet long by 2 feet offshore to stabilize high ground
adjacent to his house. Plans showing the work are included with this public
notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500..

-z-
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 work site is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, 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.
f
-3-
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 serves 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 DEM plans to take final action in the issuance of the Clean Water Act
certification on or after April 4, 1992.
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 March 30, 1992, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Laura Fogo, until 4:15 p.m.,
April 13, 1992, or telephone [phone].
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 23, 1992
Regulatory Branch
Action ID. 199201109
G
Mr. John Dorney
Water Quality Section, DEM
N.C. Department of Environment,
Health and Natural Resources
Post Office Box 27687
--- Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
to-301M
Enclosed is the application of Mr. George Tilmon Hardison, Jr., for a
Department of the Army after-the-fact authorization and a State Water Quality
Certification to authorize the placement of fill material in wetlands,
adjacent to an unnamed tributary of Hardison Mill Creek in conjunction with
the construction of a dam and recreational pond, south of S.R. 1541,
approximately 0.1 mile east of N.C. 171, Griffin Township, Martin County,
North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request b} May 25) 1992, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mrs. Laura Fogo at the
Washington Regulatory Field Office, telephone [phone].
Sincerely,
ne Wrig
Chief, Regulatory Branch
Enclosure
-2-
Copy 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
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERrT4,FIGA,TION-......
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143.215.3(c), 113A-118 (33 CF R 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name ?rA-,o?-,D IS6tJ CTEO?C?E fit ?c `vlyn? //"?
Last First' Middle
2-
B. Address /S 0 X. ZACl ?-
Street, P. O. Box or Route
JAf Ale
City or Town State Zip Code Phone
II. Location of Proposed Project.
A. County MAt27?/?
B. 1. City, town, community or landmark L77e1FF/?S ?OWnlSff I (F?r?,f!tT?-)
2. Is proposed work within city limits? Yes No
C. Creel., river, sound or bay upon which project is located or nearest named';ody of water to project
UN IjGI' eid rr h ac rce o Ward l son,) MA `Creep. -
111. Description of Project - ' `Da^l r?
A. 1. Maintenance of existing project 2. New work L 1 B t I f-keA r Po
B. Purpose of excavation or fill
I. Access channel length wid0i depth
2. Boat basin length width ------,-depth
?
3. Fill area ')t k-Q length ~ 330 width '? depth f"r? r
4. Other length width depth
C. 1. Bulkhead length ( 4 Average distance waterward Of M?j( HW (shoreline)2. Fypc of bulkhead construction (material) Ff>VS ve Tr?ccTPcl ZXS 1-rP Pb-)er Poles. $axdefrt
D. Excavated material (total for pr ject)
1. Cubic yards ' --,UOG 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
I Cubic yards 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swarnps,or other_we,tiand? Y s No
B. Does. jjie d?' pus? area include a y?1 ars?iland, s amps ur ocner wetland, r eNo NOT Accol22DI&I S`
Io 6uv ffA"e of Ll?. (?zolr?; S?t?ve ?clrvh I? (;4. a t: l? ,SvNrn/ Sevtps ?q-78. `r,
C. Disposal Area, 1 ]
1. Location T?500S area ?lJCA? ??? i.1 ?t ??yb ?1 hG5 ?2? U t \,?jtt:
2. Do you cla 1„x 1-,lte to disposal area? y (_--S
D. fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled? t?L'Y?, ?tZe t2?Cte S+ r?xt•e
I I vpc of equipment to be used $u ?C+O er r w?P 1rtt S &q Otye-
G. Will marshland be crossed in transporting equipment to project site? If yes, explain __AJ6

V. Intended Use of Project Area ( ascribe
A. 1. Private r ;r vr<n . aizV 9),; ( SLOG
2:Comnfercial el IPA df a +1^e_r, ' c?,cQ recr u?.
1 '121111
3. Hotising_.Development or Industrial
4.- Other
8. 1. Lot size(s) lt}G
2. Elevation of lo((s) above mean hi
3. Soil type and texture ebb
water
4. Type of building facilities or structures -J)r,' d44 C
5. Sewage disposal and/or wastewater reatrn t A. Existing Planned i/
B. Describe
6. Land Classification'(circie one) DEVELOPED TRANSITIONAL
CONSERVATION OTHER COMMUNITY RURAL
VI. Pertaining to Fill and Water Quality: (See CAMA Local se flan Synopsis)
A. Does the proposed project involve the placement of fill materials below mean high water? Yes ?
B• I. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the No
area following project completion? Yes No rr--r$4qJeA,*4J 774-.-k a. Type of discharge ,- (( A •Il
3. Location of discha 1a9
rge- MQ?b
VII. Present rate of shoreline erosion (if known)
VI11. List Permit numbers and issue dates of prev
work in project area if applicable: ( )
N
Department of Army Corps of Engineers or State permits for
IX. Length of time required to complete project.
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
V / then forward a copy of the deed or-other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 8%2 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113.229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
sLit- I(,, -"+16e\-. NC ?789 2-
X1- Certification requirement: 1 unify that to the best of my knowledge
with the State of North Carolinas approved coastal management pro gram g the and will proposed
manner consistent with such program implies
be activity conducted in a
X11. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE z- i 9, -qz
Applicant's SigAiay4re
OAF-82
ROr. 10/78
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DIVISION OF ENVIRONMENTAL MANAGEMENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT NAME:
COUNTY: ROJECT
STREAM 0 AbJACENT WATER BODY: • CLASS:
BASIN:
1404' PUBLIC NOTICE: (Y OR N)
N IONWIDE PERMIT: (Y OR #
PR04ECT DESCRIPNON: ';6i n i.j s - -
ASSIGNED TO:
DATE APP. REC'D.: ?23 ZTK (yY/MM/DD)
INITIAL REPORT: -(YY/MM/DD) RECOMMENDATION: ?3 S•?-Q
FINAL REPORT: (YY/MM/DD) (ISSUE/DENY/OTHER)
WATER QUALITY CERT. 401
CERT. REQ'D: (Y OR N)
IF YES: Gg L CERT: ?(Y OR N)
TYPE GEN: ZG INDIVIDUAL CERT:_
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: A /d-
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATERNETLAND FILL
AREA OF FILL: WATER:
WETLAND: f. G ... C 3/ OTC . I ?J
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? - (Y OR N)
SEQUENCING
IS SEQUENCING REQUIRED? 7(Y OR N)
PRACTICABLE ALTERNATIVE? (Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? (Y OR N)

OF

MAY -
WETLAND.',
JER OUN H'i
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RFMMME SIDED CONDITIONS OR PERMIT RESTRICTIONS :
cc: WaRO - Dorney - Central Files - COE
DEPARTMENT OF THE ARMY ?' `'1 W
Wilmington District, Corps of Engi i's
Post Office Box 1890 M
Wilmington, North Carolina 284021890
Action ID. 199201109 March 12, 1992
PUBLIC NOTICE
Mr. George Tilmon "Tim" Hardison, Jr., Route 1, Box 402, Jamesville, North
Carolina 27846, has applied for a Department of the Army (DA) after-the-fact
permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT TO AN
UNNAMED TRIBUTARY OF HARDISON MILL CREEK IN CONJUNCTION WITH THE CONSTRUCTION
OF A DAM AND RECREATIONAL POND, SOUTH OF S.R. 1541, APPROXIMATELY 0.1 MILE
EAST OF N.C. 171, GRIFFIN TOWNSHIP, Martin 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
representatives of the Corps of Engineers. The applicant is responsible for
filling approximately 13,659 square feet (0.31 AC) of bottomland hardwood
wetlands in conjunction with the construction of a dam that will impound water
on approximately 60,600 square feet of bottomland hardwood wetlands. Total
impacts to wetlands (dam and impoundment) equals approximately 74,259 square
feet (1.7 AC). This wetland area is primarily vegetated with Bald Cypress,
Black Gum, Red Maple, and assorted wetland herbaceous undergrowth. The
purpose of the work is to impound water for the creation of a recreational
pond for waterfowl, fish, and aesthetic purposes. The applicant hand cleared
the pond area and is currently pumping water out of the pond to facilitate
clearing efforts. The applicant also proposes to construct a bulkhead
approximately 181.4 feet long by 2 feet offshore to stabilize high ground
adjacent to his house. Plans showing the work are included with this public
notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500. ,
-2-
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 work site is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, 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.
i
-3-
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 serves 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 DEM plans to take final action in the issuance of the Clean Water Act
certification on or after April 4, 1992.
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 March 30, 1992, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Laura Fogo, until 4:15 p.m.,
April 13, 1992, or telephone [phone].
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United States Department of the Interior "
FISH AND WILDLIFE. SERVICE.
Raleigh Field Office ¦
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 9, 199
2 AP?APR l 1992
Colonel Walter S. Tulloch
L WETLANDS GRp
District Engineer WATER UALITYSECl?
(II(;N
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
Dear Colonel Tulloch:
This is the report of the U.S. Fish and Wildlife Service (Service)
on Public Notice 199201109, dated March 121 1992. Mr. George
Tilmon Hardison, Jr. has applied for an after-the-fact Department
of the Army permit to place fill material in wetlands to construct
a pond approximately 1 mile south of Farmlife, Martin County, North
Carolina. This report is submitted in accordance with the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-
667d), and Section 7 of the Endangered Species Act of 19731 as
amended (16 U.S.C. 1531-1543). It is to be used in your
determination of compliance with 404(b) (1) guidelines (40 CFR 230)
and in your public interest review (33 CFR 320.4) as they relate to
protection of fish and wildlife resources. 3 d s X.
According to information provided in the Public Notice, an
unspecified volume of material, from an unspecified source, was
deposited in forested wetlands to construct a dam approximately 330
feet long by about 33 feet wide, to an elevation equal to adjacent
high ground (30 to 35 feet, mean sea level). The dam would impound
an area of recently-cleared, forested wetlands approximately 300
feet long by 160 feet wide. The applicant also proposes to
construct a wooden bulkhead 181.4 feet long, 2 feet offshore to
stabilize the pond shore in front of his existing house on uplands.
Most of the above work was completed-prior to applying for a
Department of the Army Permit. The applicant currently pumps the
impoundment to prevent its flooding.
A Service biologist inspected the project site on April 7, 1992.
Project area wetlands lie in a slough that has been isolated, by
the project, from an unnamed tributary of Hardison Mill Creek.
Hardison Mill Creek, and its tributaries comprise an extensive
network of bottomland hardwoods and swamps. Wetlands in the
project area have been cleared and filled along the location of the
dam. The impounded area has been cleared except for scattered,

mature baldcypress (Taxodium distichum) and black gum (Nyssa
sylvatica) trees. Adjacent wetlands, immediately downstream from
the dam, are forested by a mature stand of baldcypress, black gum,
water oak (Quercus nigra), sweetgum (Liquidambar styraciflua), red
maple (Acer rubrum), willow oak (Quercus phellos), elms (U1mus
spp.), and boxelder (Acer negundo). The sparse understory
vegetation includes giant cane (Arundinaria gigantea), American
hornbeam (Carpinus caroliniana), sweetbay magnolia (Magnolia
virginiana), and eastern burning-bush (Euonymous atropurpureus).
At the time the Service visited the site, the hummocky terrain of
the adjacent, unaltered, forested wetlands was inundated by
standing water up to 12 to 18 inches deep, although the main
channel and backwaters of the tributary were deeper. Judging by
the size and density of stumps remaining in the project
impoundment, forested wetlands affected by the project were
probably similar to adjacent wetlands.
Service policy regarding mitigation of damage to habitats considers
both the value of those habitats to fish and wildlife and their
relative scarcity. The forested wetlands affected by the proposed
project have high fish and wildlife resource value and are
considered to be relatively scarce on a national and regional
basis. Wetlands such as these provide valuable nesting, roosting,
and foraging habitat to resident and migratory waterfowl,
songbirds, hawks and owls, and wading birds. Other resident
wildlife species expected to occur in project area wetlands include
white-tailed deer (Odocoileus virginianus), gray squirrel (sciurus
carolinensis), fox squirrel (Sciurus niger), Eastern cottontail
(Sylvilagus floridanus), opossum (Didelphis virginiana), and
raccoon (Procyon lotor). Numerous reptiles and amphibians depend
on project area wetlands for foraging, egg laying, and habitat for
larval life stages.
Wetlands in the project area also provide plant detritus to
downstream waters and contribute to the production of
recreationally and commercially important fisheries and
shellfisheries. Project area wetlands perform water quality
functions such as reduction of excessive dissolved nutrient levels,
removal of suspended sediment, stormwater retention, and
groundwater recharge. These water quality benefits are especially
valuable in alleviating the negative effects of urban, commercial,
and agricultural runoff on water quality and biological
productivity of Hardison Mill Creek, its downstream waters, and
ultimately the Roanoke River.
The proposed pond would permanently remove 0.3 acre of forested
wetlands resulting from dam construction and would impound 1.4
acres of forested wetlands and convert them to open water. A total
of 1.7 acres of forested wetlands would be lost from the Hardison
Mill Creek watershed. Indirect impacts would result from the
reduced flood and stormwater retention capacity of the watershed as
well as the reduced sediment and pollutant filtering capacity of
remaining forested wetlands. Another potential impact not
addressed in the Public Notice is the source of fill for the dam.
It is not stated whether this fill came from an upland source or
from wetland excavation. However, no borrow pit was apparent
during the Service's field inspection.
The Environmental Protection Agency's 404(b)(1) Guidelines,
developed pursuant to Section 404 of the Clean Water Act, prohibit
the discharge of dredged or fill material for non-water dependent
proposals in wetland areas if there is a practicable alternative
which would have less impact on the aquatic ecosystem. Those
guidelines further specify that for non-water dependent activities
proposed for special aquatic sites (e.g--,__wetlands)--,--_aF-acticab1e
alternatives which do not involve special aquatic sites are
presumed to exist unless clearly demonstrated otherwise.
The Service believes that a pond at the project site would provide
less valuable fish and wildlife habitat than the forested wetlands
that originally occurred there. Seasonally flooded wetlands, such
as those impounded by the proposed project, are especially valuable
compared to ponds. Inundation, which usually peaks early in the
growing season, provides habitat for wood duck broods, foraging for
herons, egg laying opportunities for frogs, toads, and other
amphibians, and expands the foraging opportunities of fish living
in Hardison Mill Creek. Later in the year, as the soil dries,
annual vegetation, shrubs, young and mature trees, and other
vegetation have a chance to grow in the area. These plants often
provide seeds or mast for waterfowl, and their decaying leaves and
stems feed crayfish and other invertebrates. These invertebrates
and vegetative debris become available to aquatic organisms during
the following year as seasonal high water flushes them into the
stream system.
This exchange between seasonally flooded wetlands and adjacent
streams becomes lost as parts of the watershed become isolated by
pond construction. The result is the progressive decline in fish
and wildlife production in the stream watershed.
The Service, therefore, recommends that a Department of the Army
permit not be issued for the proposed work and that the applicant
be required to remove all fill material from wetlands and return
the project area to its original contours. Any fill that was
borrowed from wetlands should be returned to those sites.
The Service has identified no endangered or threatened species, nor
critical habitats that would be adversely affected by the proposed
project. Therefore, the requirements of Section 7 of the
Endangered Species Act are fulfilled. However, obligations under
Section 7 of that Act must be reconsidered if: (1) new information
reveals impacts of this identified action that may affect listed
species or critical habitat in a manner not previously considered;
(2) this action is subsequently modified in a manner which was not
considered in this review; or, (3) a new species is listed or
critical habitat determined that may be affected by the identified
action.

The Service appreciates the opportunity to comment on this project.
Please advise us of any action taken by the Wilmington District,
Corps of Engineers. You may contact David Dell, Permit
Coordinator, of this office if you have any question regarding our
recommendations.
Sincerely, /
L.K. Mike Gantt
Supervisor
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 6, 1992
Regulatory Branch
Action ID. 199201109
Mr. George T. Hardison, Jr.
Route 1, Box 402
Jamesville, North Carolina 27846
Dear Mr. Hardison:
1 orr ;q
WETLANDS rfri L:
This letter is in reference to your After-The-Fact application for
Department of the Army (DA) authorization for work undertaken within wetlands
on your property located off S.R. 1541, adjacent to an unnamed tributary to
Hardison Mill Creek, south of the community of Farmlife, in Martin County,
North Carolina. Processing of your application has been completed.
Wetlands are extremely valuable natural resources which provide a variety
of functions supportive to both marine and land organisms, as well as
performing numerous other functions attendant to sedimentation, salinity,
floodwater storage, and other factors related to water supply and water
quality. An estimated one-third of our Nation's wetlands have been lost to
development and poor conservation practices since Colonial times, a loss of
approximately 50 million acres. This national concern came clearly into focus
in the late 19601s; subsequently, it has been supported by numerous Court
interpretations, including those addressing the Clean Water Act.
Based upon review of the environmental and public interest factors, the
404(b)(1) Guidelines, as well as negative comments received from the U.S. Fish
and Wildlife Service, you are hereby notified that your DA After-The-Fact
permit application has been denied.
This letter also confirms the meetings of September 3, 1992, and
September 15, 1992, between you, your father, and Ms. Laura Fogo and Mr. David
Lekson of my staff. The purpose of these meetings was to reach a mutually
agreeable resolution of this enforcement action. You will be notified in the
near future regarding the scope of additional action required.
Thank you for your time and cooperation in resolving this matter of
importance. If you have any questions, please contact Mrs. Laura Fogo at
telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
James H. Bradley
Chief, Construction-Operations
Division
-2-
Copies Furnished:
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
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
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
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 1507
Washington, North Carolina 27889
Mr. Harry Bailey
Land Quality Section
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 1507
Washington, North Carolina 27889