19920280 Ver 1_COMPLETE FILE_19920101

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51 ATE u
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 August 28, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Jack Gilliam
5 Blackbeard's View
Bath, N.C. 27808
Dear Mr. Gilliam:
RE: Proposed retention of fill for after-the-fact 404 Permit
Duck pond
Hyde County
DEM # 92280, COE # 199201522
Thank you for your letter of 30 July 1992. Central and
Regional Office staff of DEM have reviewed your letter as well as
our 401 Certification. Based on this review, we believe that the
401 Certification cannot be changed as you have requested. The
fill from the unpermitted pond excavation has filled about 1 acre
of wetlands. The uses of these wetlands (primarily water
storage, pollutant removal and aquatic life habitat) have been
removed by this fill in violation of our Antidegradation Water
Quality Standard (15A NCAC 2B. 0109). We are especially
concerned with this loss of use since the new pond and existing
wetlands drains to SA (commercial shellfishing) waters. In
contrast the excavated pond has not removed these uses and
therefore is not in violation of this standard.
The proposal we have made in condition # 2 (spreading the
spoil onto the existing road network) was made in an attempt to
find a solution to the situation which would allow you to retain
the pond and still remove the illegal fill. If you prefer to
remove the spoil offsite to a landfill for capping material or
another upland site, we would have no objection. Similarly
refilling the pond would be acceptable. However retention of the
spoil in place is not acceptable to the Division since it
violates our Antidegradation water quality standard as described
above.
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733 -23 14 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affinnative Action Employer
i .
Mr. Jack Gilliam
August 28, 1992
Page 2
Therefore condition # 2 of Certification Number 2757 is
hereby modified to read as follows:
2. Spoil from the pond must be removed to approximately the
original grade. This spoil can be either spread over the
existing road network, removed offsite to upland sites or
placed back into the excavated pond.
I hope this letter and the clarification to Condition # 2
addresses your concerns. Please call Mr. John Dorney at
919-733-1786 if you have any questions.
Sinc ely,
f
A. Preston Ho Jr. P. E.
Acting Director
JRD/Gilliam.mem
cc: Washington DEM Regional Office
Washington COE Field Office
Mr. John Dorney
Mr. John Parker, Coastal Management
Wilmington District COE
Central Office
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WHILE YOU
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Phone _ _ ___
AREA CODE NUMBER EXTENSION

Message _

Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N r Want. of Fnvirc,nmPnt. Health, and Natural Resources
??(,J Printed on Recycled Paper
P
' 5 Blackbeard's View
Bath, North Carolina 27808
30 July 1992
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Mr. A. Preston Howard Jr. Acting Director POT
Division of Environmental Management AUG 4 1942 BUG 1992
512 North Salisbury Street
Raleigh, North Carolina 27604
WATER QUALc11T pREC10WS'0FFICE
Dear Mr. Howard: SECTION
Re: Certification No. 2757 issued to M.E. (Jack) Gilliam-dated 28 July
1992.
Thank-you for your certification received today. Please be assured
that I will take precautions to assure the integrity of our waters in
Germantown Bay by my activities.
I would ask that you reconsider condition (2) of this certification,
as I believe that compliance would produce harm to my land and to
adjacent waters far in excess of any harm produced by construction of the
duck pond. In making this request, I ask you to consider the following:
1. With the exception of the main road coming into the property, none
of the road network has been graded or altered from its original grade.
This network that I keep mowed for better access forhunting and viewing
of timber is primarily paths made by log skidders in harvesting of timber.
I bought the land shortly after the timber was harvested and began mowing
these trails with a tractor and bush-hog before new growth could preclude
this level of maintenance. The main road going into the property was
cleared and somewhat graded with a bulldozer for access of log trucks to
logging sides.
2. With the exception of the main road, which has very little grass
on it, the other paths were left to natural growth of grasses, which I
mow two or three times each year. Most of the paths are not accessible
to truck traffic because of natural drains running throughout the land.
I have no desire to make the paths suitable for anything more than a
tractor. The path going to my duck pond is accessible by four-wheel drive
traffic, but wet drains must be crossed except in very dry times. I
avoid driving to the pond in wet weather.
3. Spreading the clay spoil along these paths would impede, if not
preclude, the growing of natural grasses in the paths, would block natural
,drains, and would necessitate continual future maintenance, with accompany-
ing sedimentation throughout the network of roads. The main road coming in,
while very roughly graded, is sufficient for access.
4. The elevation of the mowed paths is no different from the elevation
at the pond site, where I pushed clay from a low area to higher ground.
To remove the clay from one area to another like area would accomplish no
useful objective, but would create a series of drain blockages and cover-
ing of presently grassed areas that would be detrimental to my land and
to the ecology of the area. I have no desire to construct graded roads
and to do so would not be environmentally advantageous.
W?'
5. At present, spoil from the pond site has been pushed from a natural
drain to higher ground and is open at both ends for natural flow of rain
water falling on my land. No other drainage comes through my land. I
have limed, fertilized, disced and grassed the spoil. While survival of
grass seeds leaves much room for improvement, I will continue to pursue
the task until suitable ground cover is present. This spoil area does
not significantly alter the natural water flow atthe site. What I have
done to this point has not significantly affected the area. What you
propose that I do would significantly alter the area and would be detrimental
to my land and to the adjacent waters.
I ask you to reconsider your certification and to eliminate condition
(2). If I can be of help in furnishing further information, I will be happy
to do so, in person or by letter.
Sincerely yours,
M. E. (Jack) Gilliam
xc: Mr. G. Wayne Wright
Wilmington District, Corps of Engineers
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FtECF.IVEL
VVASHIN(;TON OFFICE
State of North Carolina E). E. 14,
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
05/19/92
Mr. Jim Mulligan
NC DEN&NR
Div. Environmental Management
P.O. Box 1507
Washington, NC 27889
I
wnrFK.
REFERENCE: ACTID-92-1522
Applicant/sponsor: Mr. M.E. Jack Gilliam
ATF Fill Wetlands & Excavate Duck Pond Adjacent Midyette Creek
Dear Mr. Mulligan:
The attached U.S. Army Corps of Engineers Public Notice, dated
05/14/92 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 ors the proposal and return this
form to me before 06/09/92. Sin4I'rely,
Ste en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project am attached.
This office supports the -A.-c_ uat :-proposal.
No Comment.
Signed cj
Date
Agency «- cZ '
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
:h! An Eaual Oooortunirv Affirmative Action Emolover
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
May 13, 1992
Action ID. 199201522, M.E. "Jack" Gilliam
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:
p ?QN Odr..
MAY 10
i
Enclosed is the application of Mr. M.E. "Jack" Gilliam, requesting AFTER
THE FACT Department of the Army (DA) permit authorization, and a State Water
Quality Certification, to undertake mechanized landclearing, excavation and
filling activities within wetlands for the purpose of constructing a 2-acre
duck pond on his property. The EXISTING, UNAUTHORIZED WORK is located off
S.R. 1139, approximately 2.0 miles northeast of the community of Germantown,
adjacent to the waters of Germantown Bay (Midyette Creek), in Hyde 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 authorization of 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 DA 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 considered a reasonable time for State
action. Therefore, if your office has not acted on the request by July 13.
1991, the District Engineer will deem that waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone
[phone].
Sincerely,
ne Wr t
Chie Regulatory Branch
Enclosure
r
-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
2 99
April 21, 1992
Mr. G. Wayne Wright
Chief, Regulatory Branch
Corp of Engineers
P. 0. 1890
Wilmington, N. C. 28402 - 1890
Ref: Action ID 199201522 - M. E. Gilliam
Dear Mr. Wright:
I am enclosing a completed application for digging a duck pond
in Hyde County, together with copdes of letters sent to adjacent
landowners, as required in the application.
I hope you will find all of this to be satisfatory.
Sincerely,
M. E. Gilliam
Copy: Division of Coastal Management
N. C. Department of Natural Resources and Community Development
Box 150?
1424 Carmlina Ave.
Wahington. N.C. 27889
A & r
April 21, 1992
Mr. David L. Cox
814 Lodge Road
Wahington, N.C.
Dear Mr. Cox:
I own a tract of land consisting of about 150 acres adjacent to
property that you own on Midyette Creek near Germantown in Hyde
County. I had a pond pushed out by bulldozer last fall in the
approximate center of this tract.
Earlier this year I have been informed by the Corp of Engineers
that I need a permit to dill this pond and I am, therefore, applying
to them for an after-the-fact permit. As a part of the process, I
am required to advise adjoining waterfront owners that theYhave
30 days in which to submit comments on the pro,ject.This is covered
on page 3 of attached copies of the permit application, and the
address of the Division of Coastal Management is also included in
the packet that I am sending you. All this is required by G.S.113-229(d)
I am attaching a copy of my application for permission of the Corp
of Engineers to dig this pond, as I am required to co, to this letter.
Sincerely,
M. E. Gilliam
41
April 23, 1992
Mrs. Roberta Rosier Lupton
Swan Quarter, N.C. 27885
Dear Mrs. Lupton:
I own a tract of land consisting of about 150 acres adjacent to
property that you own on Midyette Creek near Germantown in Hyde
County. I had a pond pushed out by bulldozer last fall in the
approximate center of this tract.
Earlier this year I have been informed by the Corp of Engineers
that I need a permit to dig this pond and I am, therefore, applying
tb them for an after-the-fact permit. As a part of the process, I
am required to advise adjoining daterfront owners that they have
30 days in which to submit comments on the project. This is covered
on page 3 of attached cojipies of the permit application, and the
address of the Division of Coastal Management is also included in
the packet that I am sending you. All this is required by G.S.113-229(d).
I am attaching a copy of my application for permission of the Corp
of Engineers to dig this pond, as I am required to do, to this letter.
Sincerely,
M. E. Gilliam

Please.type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1.APPLICANT'
a Name
Address 5 Blaekb '
City a State N.C. 27808
Zip zldud )Day phone [phone]
X Landowner or Authorized agent
b. Project name (if any none
c. If the applicant is not the landowner, also give
the owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Streeb1 fress or secondary road number
1139
b. City, town, community, or landmark
near Germantown
c. County Hyde
d. Is proposed work within city limits or planning
jurisdiction? no
e. NT e of bodi of , w?ay n_idyette Creek)
erman on ?
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT ;
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead or pier).
digglair pond
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
iscing project, new work, or both? new
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
4 AND
LAND WATER
- CHARACTERISTICS =?-
a. Size of entire tract 150 ae ?'
b. Size of individual lot(s) n/a
c. Elevation of tract above mean sea level or2 a-
tional Geodetic Vertical Datum
d. S?otge(1f'aae? $rseyf=ct about 8"
C Y ?rppgq and
e. Velorlifousn utnmAt g net
f. Mag ITC fatnudes2n old ponds
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
X Conservation Transitional
Developed Community
-? Rural Other
h. Hown the yt zoned by local government?
i. How are adjacent waters classified? SA
j. Has a professional archaeological survey been
carried out for the tract? no
if so, by whoml
5 UPLAND DEVELOPMEN
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed n /a
b. Number of lots or parcels n a
c. Density (Give the number of n)aential units
and the units per acre.)
d. Size of ar to ` graded or disturbed T - T
a1. aC.Z-)
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
no
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as &a aement,
buildings, or rooftops.

g. List the materials. such as marl. paver stone, b. Amount of material co be excavated from
yards 3SR3--a*Prox.
x .
uo
g" r?el in c
b
l
asphalt. or concrete, to be used for paved a Y
c
ow
e
Type of material
c
surfaces. n/a .
Does the area to be excavated include marsh-
d
h. If applicable. has a scormwater management
n of En-
n been submitted co the Divisio
l .
land, swamps, or other wetlands? wet az•eao$;
ne' ?
e. High ground excavation, in
c yard 0' a o300
p
a
n/a
vironmenrai Management.
Describe proposed sewage dispra and/or waste
i Dimensions of spoil deposal cubi
f.
des
0
Ls
B-fF
pp?o
o ril di oral area On
g. ?c p
.
water treatment facilities. n? c,
Q
_
on
h. Do you claim title to the disposal area? ves--
Have these facilities received state or local
j If not, attach a letter grancing permission from
.
approvals n/a
k. Describe existing cre brit facilities.
A7n the owner.
i. Will a disposal area be available for future

-Yes (none antini natpd)
maintenance?/
If so, where? adiacent to nnnd--
j. Does the disposal area include any marshland,
Describe location and type of discharges co
1 swampdand.'or water areas? no
.
waters of the scace (for exampler surface runoff. k. Will the fill material be placed below mean
sanitary wastewater, industriadcommercial
or "wash down"). n/a
effluent high wacer? no
1. Amount of fill in cubic yards 3581 app ox.
, m. Type of fill rpaceriai clay
n. Source of fill material digginlZ Dond
Water supply source n /a
m o. Will fill material be placed on marsh or other
.
n. If the project is oceanfront development,
describe the steps chat will be taken to main- wetlands? no none
p. Dimensions of the wetiand to be filled --
taro established public beach accessways or pro. q. How will excavated or fill material be kept on
d? area planted
ll
vide new access. n?a e
site and erosion contro
in grass
If the project is on the oceanfront. what will
o r. What type of construction equipment will be
.
be the elevation above mean sea level of the used (for example, draghne, backhoe, or
bulldozer
first habitable flood n/a hydraulic dredge)?
6 EXCAVATION AND FILL s. Will wetlands be crossed inotransporting equrp-
INFORMATION ment to the project site. If yes. explain
the steps that will be taken co lessen en-
a. Describe below the purpose of proposed excava- vironmentai impacts.
Lion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
7 SHORELINE STABILIZATION
Boat basin F a. Length of bulkhead or riprap n/a
b. Average distance waterward ofj"n high water
Other (break- or normal water level
water,, pier, c. Shoreline erosion during preceding 12 months.
boat ramp, in feet n/a
rock jetty) d. Type of bulkhead material n/a
e. Amount of fill, in cubic yar%to be placed
?n??
Fill placed in below mean high wacer
wetland or below f. Type of fill material
MHW
Upland fill 300' _ 120'
areas 2

ADDITIONRMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or.
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 ? i x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and,
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-.
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in-consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name Roberta Rosier Lupton
Address 5?wan Quarter, , N. C. 27885
Name Cox
Address 814 Lodge Road
Washington, N. U. 27889
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permirtee, and issuing dates.
none

e
a
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on 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 Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS
SION TO INTER ON LAND'`' '"Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
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 Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
9o2s the 23rd day of April
X-f/%? r '
Landowner or Authorized agent
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 number.
3

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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
July 28, 1992
Mr. M.E. "Jack" Gilliam
5 Blackbeard's View
Bath, N.C. 27808
Dear Mr. Gilliam:
A. Preston Howard, Jr., P.E.
Acting Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed "after the fact" duck pond construction
Project #92280, COE # 199201522
Hyde County
Attached hereto is a copy of Certification No. 2757 issued
to?Mr. Jack Gilliam dated July 28, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
OPreston ?Od, Jr. E.
c Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 9191896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Hyde 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. Jack Gilliam pursuant to an application filed on the 19th
day of May, 1992 to receive authorization for retention of "after
the fact" fill in about 1.6 acres of wetlands near Germantown Bay
(Midyette Creek) in Hyde County.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands tributary
to Germantown Bay in conjunction with the proposed duck pond in
Hyde County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. Spoil from the pond must be removed to
approximately the original grade. This fill is
hereby authorized to be spread upon the existing
road network on the site. If spoil in excess of
that needed for road improvement is present, DEM
may approve its retention in place after additional
review.
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 28th day of July, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
fA. reston Howard, Jr P.E.
Acting Director
WQC# 2757
To: John Dorney
..? " Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
WaRO PROJECT # 9 Q-o? 3 -37
REVIEWER: SAWYER
WQ SUPERVISOR: THORPE
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING ''--
PERMIT YR: 92 PERMIT NO.: COU /
PROJECT NAME: PROJECT TYPE: ,4--r. PERMIT TYPE:C
COE #: 19?020/5'1?- DOT#:
RCD FROM CDA: 49-W6e0 DATE FROMICDA- ?, .
REG OFFICE: WaRO RIVER AND SUB BAS1
*STREAM ADJACENT WATER BODY:IYL'a?? l°weA?... ?" °?
CLASS: ? STREAM INDEX #: ?..
*OPEN OR CLOSED: &IQ&+-->
WL IMPACT: Pt Oe •
WL REQUESTED: aOr,
HYDRO CNECT?: %1.04A
MITIGATION: -
MITIGATION SIZE:
RECOMMENDATION: ISSUE
WL TYPE: wAt V? Vuodt
WL ACR EST:
WL SCORE:
MITIGATION TYPE:
RATING SHEET ATTACHED?:
ISSUE/COND ENY
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED: • ,r-./7
PROJECT nE§CRIPTION:
4L za??
WATER QUALITY CERT. 401
CERT. REQ'D:
IF YES, TYPE:-xe'-
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: tll+
(EXISTING, PROPO ED, SEPTIC TANK ETC.)
TO BE PERMITTED BY: ^O
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL .`,?
AREA OF FILL: WATER: WETLAND: IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIG F T LOSS
OF RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGENINBASIN: CLOSURE OF SHELLFISHING A
Page Two

RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: Central Files
Washington Regional Office Files
DCM-John Parker
Elizabeth City
Morehead City
Washington
COE:Washington Field Office
4
S1ATt q
State of North Carolina Department of Environment, Healf??tturall.
--?
t .
Division of s gxr---?J
2
25 North McDowell Stret t eigh, Nort? ina
James G. Martin, Governor
William W. Cobey, Jr., Secretary

Roger N. Schecter
Director
05/1V/9
Mr. Jim Mulligan
NC DEN&NR V
Div. Environmental Management I
P.O. Box 1507
Washington, NC 27889
REFERENCE: ACTID-92-1522
Applicant/Sponsor: Mr. M.E. Jack Gilliam
ATF Fill Wetlands & Excavate Duck Pond Adjacent Midyette Creek
Dear Mr. Mulligan:
The attached U.S. Army Corps of Engineers Public Notice, dated
05/14/92 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 o,5 the proposal and return this
form
PLY to me beThisfore 0of6/f0ic9/e92. objects Stoi rely
consistency coordinator
the project as proposed.
L--'"Comments on this project are attached.
L--, This office support7 heproject proposal..
No Comment. (I
Signed
Date T 2
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
Ste en B. Benton

Resources
An Equal Opportunity Affirmative Action Employer
wig,
WETLAND RATING SYSTEM WORKSHEET
?- I ?
Project No. or description l ate,.
Location
County- Nearest road or town
River basi _ --
arest stream and class fication_'rT
Evaluator
Agency and address
Date and time evaluated _----
Major Major- Wetland Type wo-df-
Approximate size of wetland system acres
Approximate extent of wetlands in area ?6Ds acres
within- --miles S l / (
Three most common plant species (in order) : lIplD?f
,.1 \.A-
Soil Soil Series (if known) CJ)L- U
Hydrologic indicators
Direct surface hydrologic connection? YES NO
Existing Conditions
Drainage y
Disturbance --
Restorati.on potential --
Restoration value ?- -- - AA?
Is site known to provide habitat for rare, endangered or
threatened species? 3 y If so, list species observed or recorded.
Item No..
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor- system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
B Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11. Economic value
Total score
Site description and notes:
ti
13
Score (circle one)
6 4 3
5 4 4
5 4 3
5 4 3
5 4
5 4
5 4 3
5 4 3
0
2 1
2 1 0
2 1
2 1 gn
2 1 0 5
2
2 1 0
5 4 2_ 1 0
5 4 2 1. 0
_Qk)
a
l
A?uNT OF T
O? , ,yT
-? A
VI
7 1 ? a
Nq?H ? ?0a
Colonel Walter S. Tulloch UN 2
District Engineer
U.S. Army Corps of Engineers r
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
FISH AND WILDLIFE SERVICE
Raleigh Field Office
I'ost Office Box 33726
Raleigh, North Carolina 27636-3726
June 12, 1992

Dear Colonel Tulloch:
TAKE
PRIDE IN

JUN
This is the report of the U.S. Fish and Wildlife Service (Service)
on Public Notice 199201522, dated May 14, 1992. Mr. M.E. "Jack"
Gilliam has applied for an after-the-fact Department of the Army
permit to place fill material in wetlands to construct a pond
approximately 5 miles south of Scranton, Hyde 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.
According to information provided in the Public Notice, an
unspecified volume of wetland material was excavated and deposited
in adjacent wetlands in order to construct a 300-foot-long by 130-
foot-wide waterfowl and wildlife pond to a depth of approximately
3 feet. Excavated material was placed along two sides of the pond
in piles 300 feet long, 60 feet wide, and at least 3 feet high.
The two short ends of the pond remain open at existing ground
level. All of the above work was completed prior to applying for
a Department of the Army Permit.
A Service biologist inspected the project site on June 3, 1992.
Project area wetlands lie within a large tract of forested and
scrub/shrub wetlands adjacent to Germantown Bay in Pamlico Sound.
Much of the forested wetlands have been logged and are now in a
mid-successional stage of dense shrubs and vines, and young trees.
Numerous arms of estuarine marsh extend inland from the bay shore
among the forested wetlands. The proposed pond lies immediately
beyond the extreme landward extent of one of the larger estuarine
marsh areas.
United States Department of the Interior
Forested and scrub/shrub wetlands adjacent to the pond are
dominated by water oak (Quercus nigra), sweetgum (Liquidambar
styraciflua), red maple (Acer rubrum), pond pine (Pinus serotina),
loblolly pine (Pinus taeda), waxmyrtle (Myrica cerifera),
greenbrier (Smilax spp.), and giant cane (Arundinaria gigantea).
The southeast corner of the pond is connected by a shallow (i.e.,
less than 5 inches deep), narrow (i.e., approximately 12 to 18
inches wide) ditch to a marsh pond vegetated by saltgrass
(Distichlis spicata), black needlerush (Juncus roemerianus), sedges
(Eleocharis sp. and Fimbristylis sp.), and submerged aquatic
vegetation (Bacopa sp.). This marsh pond directly connects to one
of the irregularly flooded estuarine marshes, dominated by black
needlerush, that extend from the bay shoreline. At the time the
Service visited the site, water was flowing into the unauthorized
waterfowl pond from the adjacent estuarine habitats.
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 and scrub/shrub 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
black bear (Ursus americanus), white-tailed deer (Odocoileus
virginianus), gray squirrel (Sciurus carolinensis), fox squirrel
(Sciurus niger), Eastern cottontail (Sylvilagus floridanus), marsh
rabbit (Sylvilagus palustris), 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 agricultural and
commercial runoff on water quality and biological productivity of
Germantown Bay and adjacent waters of Pamlico Sound.
The waters of Germantown Bay have been designated as Primary
Nursery Area by the.North Carolina Division of Marine Fisheries.
The western embayments, including Germantown Bay, of Pamlico Sound
produce some of the greatest harvests of commercially valuable
estuarine fish and shellfish in North Carolina. These include
brown shrimp (Penaeus aztecus), spot (Leiostomus xanthurus),
croaker (Micropogon undulatus), and menhaden (Brevoortia tyrannus).
The proposed pond would permanently remove approximately 1.6 acres
of forested and scrub/shrub wetlands resulting from pond excavation
and spoil deposition. The fish and wildlife habitat value and
water quality functions of these wetlands would be lost. Indirect
impacts to adjacent wetlands include the restriction of surface
water flow by the spoil mounds, and the conversion of a freshwater
system to a tidally-influenced regime. The increased volume of
tidal water created by the pond may be expected to erode larger and
deeper channels through adjacent estuarine marshes during extreme
flood tides or periods of excessive storm runoff. Any
concentration of waterfowl in the pond would lead to potentially
increased runoff of fecal material and other pollutants into
Pamlico Sound.
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), practicable
alternatives which do not involve special aquatic sites are
presumed to exist unless clearly demonstrated otherwise.
A waterfowl pond does not need to be located in wetlands to fulfill
its purpose of attracting waterfowl and other wildlife. Also,
according to Corps Regulatory personnel, the applicant owns a
sufficient area of uplands and prior-converted cropland to
completely avoid wetland impacts.
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 pond and fill areas to their original contours. All applicable
best management practices to control sedimentation of adjacent
estuarine waters during restoration, such as sediment fencing and
establishment of ground cover, should be required. The Service
also recommends that the restored wetlands be revegetated with
native wetland species, including pond pine, water oak, and red
maple seedlings, at a spacing of 10 feet.
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