19920150 Ver 1_COMPLETE FILE_19920101

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary May 26, 1992 Director
Mr. Joseph Husbands
318 Colonial Drive
Wilmington, N.C. 28403
Dear Mr. Husbands:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed access road
Lot adjacent to Black River
Project #92150, COE # 199201350
Pender County
Attached hereto is a copy of Certification No. 2739 issued
to Mr. Joseph Husbands dated May 26, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
orge T. Everet
rector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington Regional Office
Mr. John Dorney
Mr. Stephen Benton
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900
Winston-Salem
919/896-7(X)7
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626,0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
a?
NORTH CAROLINA
Pender 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 Joseph Husbands pursuant to an application filed on the 21st
day of April, 1992 to construct an access road to a lot adjacent
to the Black River and fill 0.25 acres of wetlands in the
process.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands adjacent
to the Balck River in conjunction with the proposed
access road in Pender 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. That fill material be from a clean upland ource
free of toxic material.
3. Side slopes shall be stabilized as soon as possible
and silt fences and other erosion control measures
be in place before construction of the roadbed.
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 26th day of May, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Ae e T. ve ett Director
WQC# 2739
`7 ?: - ,a STATg o
G.w
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
William W. Cobey, Jr., Secretary
i,
Mr. Preston Howard
NC DEH&NR. ...,.
Div. Environmental Management
127 Cardinal Drive
Wilmington, NC 28405
Roger N. Schecter
Director
REFERENCE: ACTID-92-1350
Applicant/Sponsor: Mr. Joe Husbands
Fill Wetlands Adjacent to Black River For Residental Access
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice, dated
04/16/92 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 on the proposal and return this
form to me before 05/12/92.
Si Znll? ,
Ste : Benton "?-
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
_?-ZThis office s-ttgpZTts the project proposal.
No Comment.
signed
Date
Agency Z>w
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4-W-0
a
DIVISION OF ENVIRONMENTAL MANAGEMENT
Date : May 7, 1992
Png Branch
EWETLA%DS To:
From: James H. Gregson
Wilmington Re na1 Office Through: Dave Adkins
Wilmington 1 nal Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92150
Joe Husbands
Pender County
PROJECT DESCRIPTION: The applicant proposes to construct a 670'
X 16' driveway through a hardwood swamp to give the owner access
to an existing house on highground adjacent to the Black River.
The applicant is proposing to install five 12" culverts along the
length of the drive so as not to impede water flow across the
property.
ADJACENT WATER BODY: Black River CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require a 401 Water Quality Certification.
and should include the following conditions for the construction
of the drive way.
1. That the fill material be from a clean upland source free
from toxic material.
2. That silt fences and other erosion controls be in place
prior to any earthen movement in the area of the wetlands.
3. That the side slopes of the filled area be stabilized with
vegetation as soon as possible to prevent erosion.
4. The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction area
to exceed 50 NTU.
This office has no objection to the project as proposed.
JHG:92150.May
cc: Wilmington Regional Office Files
Central Files

APPLICATION
•' ? FOR
PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of E.ngineets,. Wilmington District
(GS 113.229,143.215.3(x)(1),143-215.3(c), 113A-118 (33 CFR 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.
Applicant Information
A. Name Husbands Joe
Last First Middle
B. Address 318 Colonial Drive
Street, P. O. Box or Route
Wilmington N.C. 28403 919-763=7318
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Pender
B. 1. City, town, community or landmark Currie
2. Is proposed work-within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Black River
111. Description of Project
A. 1. Maintenance of existing project 2. New work Drive access to existing house
S. Purpose of excavation or fill
1.. Access channel length - width depth
2. &xtt basin length width depth
3. Fill area Driveway length 67.,_0__width 16 depth 1' Average
4. Other length -width_._ depth
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) N/A
2. Type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards ± 350 2. Type of material Upland sand frnm hnrrnw area
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards N/A 2. Type of material N/A
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
S. Does the disposal 'area include any marshland, swamps or other wetland? Yes X No
G Disposal Area
1. Location 670' x 16' driveway through center of tract
2. Do you claim title to disposal area? yeS
D. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion controlled? 2:1 sloAe on driveway
shoulder to be seeded upon completion
I. I ype of equipment to be used Ba _Kho -r DUMP t-rtur•K' nn7P7*
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
Intended Use of Project Area (Describe)
` A. 1. Private Private driveway to access owner's existing home
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 10.0'8 acres
'
2. Elevation of lot(s) above mean high water 0 - 15
3. Soil type and texture A 1 p i n fine sand, Marvyn loamy fine sand, Muckalee loam
4. Type of building facilities or structures Existing piling supported frame house
5. Sewage disposal and/or wastewater treatment A. Existing X Planned
e. Describe Existing conventional septic tank
6. 'Land Classiftcation'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURA
CONSERVATION. OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1:. Will any runoff or discharge. enter adjacent waters as a result of project activity or planned use of the
area following project completion? 'Yes No X-
2. Type of discharge N/A
3. Location of discharge-N/A •
.V11. Present rate of shoreline erosion (if known). NSA
VIII. List permit numbers and issue _dates 'of previous Department of.Army Corps of Engineers or State permits for
work in project area, if applicable: . N/A
IX. Length of time required to complete project: -Estimated two months
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,
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.
B. Attach an accurate work plat drawn to scale on 8fi X i I" 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 egi tered or
certified mail or by publication. (G.S. 113-229 (d))Enter date served ?cfy 3?9 Z-
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.
Donald A. & Lois C. Steele, 1914 Druid Lane, Wilmington, N .C. 28401
Florence I. Clements, 296 West 11th Street, New York, N.Y. 10014
X1. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity, omplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
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 2 3 L l n
Applicant's Signature
Rev.
Rev. 10/79. SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
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Dr. Wayne Wright
Army Corps of Engineers
Regulatory Branch
P.O. Box 1890
Wilmington, N.C. 28402
Dear Dr. Wright:
As discussed previously, Mr. Joe Husbands is applying for an
individual permit to place a fill driveway on his tract in Pender
County to access an existing house on the riverfront. The ± 10.08
acre tract was formerly owned by a Mr. Price who built the
waterfront house and used an existing driveway on Mr. Steele's
property for access. Mr. Steele cut off this usage and Mr. Price
had his property foreclosed upon by First Hanover Bank. First
Hanover tried by legal means to re-establish access to the house
via. Mr. Steele's driveway but was unsuccessful (see attached
letter). First Hanover Bank went out of business and the tract was
passed to the FDIC. Mr. Husbands has bought this tract from the
FDIC and wishes to construct the fill driveway in a previously
cleared corridor through the wooded wetlands on his tract to access
his house. Mr. Husbands has no plans to further develop this
tract.
If you should have any questions
contact me at your convenience.
survey approval letter from Jean
regarding this request, please
I have also enclosed the 404
Benton.
Sincerely,
Steve Mor ison
Environmental Consultant
SM/dm
Enclosure: Deed, bank letter, Corps letter
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?_-. P.ROPOSEDILL'?DRIVEWAY
\s I -- --,,,_PURPOSE : DRIVEWAY ACCESS TO EXISTING HOUSE
ON BLACK RIVER AT GAYLORS COVE
?PENDER COUNTY, N.C.
o ?? APPLICANT: JOE HUSBANDS
,6 o v n J ADJACENT PROPERTY OWNERS
to DONALD & LOIS STEELE
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REQUESTED FILL AREA
TYPICAL CROSS SECTIONS
TYPICAL DRIVEWAY SECTION
12'
FILE: i
D.
2:1 SLOPE TO BE SEEDED EXISTING GRADE
16'
TYPICAL CULVERT LOCATION SECTION
12'
r A-ND•'FI.Lt 21
= , .. .12 RkC P C.ULV T
4 20'
SCALE V=4'
PROPOSED FILLDRIVEWAY
PURPOSE : DRIVEWAY ACCESS TO EXISTING HOUSE
ON BLACK RIVER AT GAYLORS COVE
. PENDER COUNTY, N.C.
APPLICANT: JOE HUSBANDS
ADJACENT PROPERTY OWNERS
DONALD & LOIS STEELE
`FLORENCE I. CLEMENTS SHEETS OF3

BOOK 8 Z 2 WAGE 0 71
IN WITNESS WHEREOF, the GIantor has caused this instrument to
be signed in its name by its d ly authorized Attorney--in-Fact the
day and year above written.
DEPOSIT INSURANCE CORPORATION
[VER^R` FJRST ER BANK
ad, seals and delivered '
V
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wit _ oil
Wi `?Fiess "' '
i JOHN O.
tle: ATTORN]

IN-
STATE OF GEORGIA
COUNTY OF FULTON
It a Notary Public of the County and
State aforesaid, certify that ohn 0. Koontz personally came before
me this day and acknowledged hat he is the authorized Attorney-
In-Fact of the Federal Deposit Insurance Corporation, as Receiver
for First Hanover Bank and that by authority duly given, the
foregoing instrument was signed in its name by this Attorney-In-
Fact.

Pis
ss my hand and offi ial stamp or seal this JAI.day
1-992.
0,;
On expires:
. o ntj, Gpor:?
Pi-s Jan, ?.9.1999
The foregoing Certificate of
is certified to be correct. h
are duly registered at the date
shown on the first page hereo .
41y;q M. swlcegaoi

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s z strument and this Cortif Cate
and time and in the Book and Page
REGISTER OF DEEDS FOR i
COUNTY.
Danutv Assistant-Register of

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Excise Tax
FILED
'92 NflR 17 Rif 1142
j Reco?a -? )+J;4 SUPand page
qQ, I j ?i?:('!'• C?t OF` DEEDS
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Tax Lot No. Piarcel Identifier No.
verified by County on the - day of
, 1992,
Mail after recording to
Federal Deposit Insurance Cc
suits 60o, Atlanta, Georgia
Brief description for the
3.
M. Gromiey, acais 0&4.,U+a..Wx,
285 Peachtree Center Avenue,
NORTH
THIS DEED made the
by and between
FEDERAL DEPOSIT INSURANCE
CORPORATION, as RECEIVER For
FIRST HANOVER BANK, a North
Carolina banking corporation
285 Peachtree Center Avenue
suite 300
Atlanta, Georgia 30303
.i
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NON-WARRANTY DEED
day of March--- , 19,9,
JOSEPH •W. HUSBANDS AND WIFE
j GAIL K. HUSBANDS
5093 Edinboro Lane
Wilmington, North Carolina
28409
j
1
ruc: LR•ssiy:,ae s..,, .......?... 1--• -- - s...-e?i.n .shall include
said parties, their respecti'e heirs,'successors and assigns and
shall include singular, plura, masculine, feminine or neuter where
the context requires or perm 'to.
WITNESSETH, that Grantor, f r a valuable consideration paid by
Grantee, the receipt an sufficiency whereof is hereby
acknowledged, has and by thus presents does grant, bargain, soil,
convey and forever quitclaim unto Grantee all that lot or parcel
of land located in Ponder C unty, State of North Carolina, more
particularly described on attached hereto and made a #a,
....-« ti..-...r fh'rs,Ln relerrad to as the "Property").
The Property herein described! war. acquired by Grantor by instrument T
recorded in Book 770, Page X035 of the Public Records of Pander
county, North Carolina.
TO HAVE AND TO HOLD thel Property and all privileges and
appurtenances thereto belong ng to the Grantee.
Grantor makes no warranty, w ether statutory, express or implied,
with respect to the title a 4/or condition of the Property, and
Grantee acknowledges and agrees that Grantee has inspected the
:i.. 4- ..»aapnr rendition HAS IS" and
"WITH ALL FAULTS." I r° .1 and Veritod
iI. toioegood
THIS DEED IS UEMPT FROH TRANSBER TAXES t :or orbeoda
2DROVANT TO ?2 V.S.C. SECTION 1825. i?••uvc County, NC
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March 23, 1992 Wd"i'V404M am
Donald & Lois Steele
1914 Druid Lane
Wilmington, N.C. 28401
Dear Mr. & Mrs. Steele:
As required, you are being notified of an application to permit a
fill driveway across wetlands on the tract owned by Mr. Joe
Husbands.
Riparian landowners have 30 days to submit any comments to the
Regulatory Agencies.
If you. should have any questions regarding this activity, please
contact me at your convenience.
Sincerely,
Steve Morrison
Environmental Consultant
SM/dm
--,Ne .

SENDER:
• Complete items t and/or 2 for additional services.
Complete items 3, and 48 & b.
j, • Print your name and address on tlw reverse of this form so that we can
return fhis card to you.
Attach this form to *a front of the mailpieca, or on tha back N space
. ! does not perrrWt. = ' •. .
11 to " Petum Receipt Requested" on the mailpiece below the article numbs
rA 00 • The ReturnReceipt Fee will prOVrde you the vgnsture pf the person deGwn
to and the date of delivery.
Art)cte Addressed to xi^ A!
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296 West 11th Street
New York, N.Y. 10014
Dear Ms. Clements:
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March 23, 1992
As required, you are being notified of an application to permit a
fill driveway across wetlands on the tract owned by Mr. Joe
Husbands.
Riparian landowners have 30 days to submit any comments to the
Regulatory Agencies.
If you should have any questions regarding this activity, please
contact me at your convenience.
Sincerely,
Steve Mo/ison
Environmental Consultant
SM/dm
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• Complete items 3, and 4a & b.
• Print your name and address on the reverse of tMs form so that we can
retain this card to you.
• Attach this form to the front of the mailpiece, or on the back If space
does not permit.
• Write "Return Receipt Requested" on the n-611plece below the article numbs
4 The Return Receipt Fee will provide you the signature of the person de
to and the date of delivery. • Consul ?ostmaiterfor fee ` • ?,?
3. Article Addressed to: 4a. Article Number w y
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6. Signature (Agent) j'
PS Form 3811, November 1990 *U.S. opo: that-2e7•oea -DOMESTIC RETURN.RECEIPT
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DEPA1ZH4ENT OF THE ARMY
Wilmington District, Corps of En
Post Office Box 1890
Wilmington, North Carolina 284
Action ID. 199201350

PUBLIC NOTICE
MR. JOE HUSBANDS, 318 Colonial Drive, Wilmington, North Carolina 28403 has
applied for a Department of the Army (DA) permit TO PLACE F UL M TERIAL IN
ADJACENT WMIZANDS OF THE BLACK RIVER, NEAR ardm, Pender County, North
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed construction of a driveway across approximately
670 linear feet of wetland. The proposed driveway will impact approximately
10,720 square feet of Section 404 wetlands. The footprint of the drive is to
be 670 feet long by 16 feet wide. The drive will be culverted in 5 locations
with 12 inch pipes. The driveway corridor was previously cleared of all
vegetation. The purpose of the work is to provide vehicle access to an
existing house from S.R. 1101. Plans showing the work are included with this
public notice.
The predominant vegetative community type to be impacted consists of
bottomland hardwood forest. The major canopy trees are bald cypress, black
tupelo, and green ash. The understory is characterized by sphagnum moss,
royal fern, and netted chain fern. The area is underlain with Muckalee soil.
Culverts will be placed in frequently inundated locations. A smaller portion
of the driveway will be constructed in typical pocosin habitat that borders
the northwestern edge of the jurisdictional wetlands. The canopy of the
pocosin cmmunity is dominated by loblolly pine, sweetgum, blackgum, and red
maple. Saplings and shrubs consist of loblollcy bay, red bay, titi,
fetterbush, cinnamon and royal ferns, and various species of catbriar.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCK)
for their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management
(DEK)
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the NCDCM.

-3-
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 cuim lative
effects thereof. Among those are conservation, economics, aesthetics, general
envirormtiental 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
det.PSmines that it would be contrary to the public interest.
The Corps of Engineers is soliciting continents 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 comrents 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, =mments 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. C Mrents
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, DEM,
Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of
reproduction costs.
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PROPOSED 'FILL'1DRIVEWAY
PURPOSE : DRIVEWAY ACCESS TO EXISTING HOUSE'
ON BLACK RIVER AT GAYLORS COVE
o`z \? i.. --a I o \ PENDER COUNTY, N.C.
APPLICANT: JOE HUSBANDS
ADJACENT PROPERTY OWNERS
n DONALD & LOIS STEELE
FLORENCE I. CLEMENTS • SHEET / OF T
REQUESTED FILL AREA
TYPICAL CROSS SECTIONS
TYPICAL DRIVEWAY SECTION
12'
:SAND. fiIL'L
2:1 SLOPE TO BE SEEDED EXISTING GRADE
16'
TYPICAL CULVERT LOCATION SECTION
12'
j -SAND •'FILG . 2.
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F 20'
SCALE I"=4'
PROPOSED FILL DRIVEWAY ,
PURPOSE : DRIVEWAY ACCESS TO EXISTING HOUSE
ON BLACK RIVER AT GAYLORS COVE
PENDER COUNTY, N.C.
APPLICANT: JOE HUSBANDS
ADJACENT PROPERTY OWNERS
DONALD & LOIS STEELE
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REQUESTED FILL AREA
TYPICAL CROSS SECTIONS
TYPICAL DRIVEWAY SECTION
12'
2:1 SLOPE TO BE SEEDED EXISTING GRADE
-le 16'
TYPICAL CULVERT LOCATION SECTION
-ez 12'
AND.'FIU 2,
- -- - -1-2: R-c C uLv-F- I LT 20'

SCALE 1"=4'
PROPOSED PILL DRIVEWAY
PURPOSE : DRIVEWAY ACCESS TO EXISTING HOUSE
ON BLACK RIVER AT GAYLORS COVE
PENDER COUNTY, N.C.
APPLICANT: JOE HUSBANDS
ADJACENT PROPERTY OWNERS
DONALD & LOIS STEELE
Cl ^150klrc 1 /%1 =&Al=kITQ CI..ICCT 2 nc
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a
® North Carolina Wildlife Resources ConipQt?
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney
Division of Environmental Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program
DATE: May 12, 1992
MAY 1 4 1992

! WETLANDS GROUP
1 WATER QUALITY SLCTi'O-N
Ld-
SUBJECT: Comments on Section 401 Water Quality Certification for
Section 404 Nationwide Permit requests
Biologists on the Wildlife Resources Commission staff have
reviewed the subject permit application and we are familiar with
habitat values of the project area. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U. S. C. 661-667d).
Based upon information provided, it is our opinion that
Section 401 Water Quality Certification can be issued without
significant impacts on fish and wildlife for the following
projects:
1. City of Winston-Salem, Forsyth County
2. Southeastern Jurisdiction Administrative Council, Lake
Junaluska, Haywood County (ID# 92174)
3. Transcontinental Gas Pipe Line Corp., Iredell and Rowan
Counties, (ID# 92178)
4. NCDOT Bridge No. 26 over Cypress Creek on NC 53, Pender
County
5. NCDOT Bridge No. 239 over Mulberry Creek on SR 1369,
Caldwell County
6. NCDOT Pipe Replacement 0..9 miles west of SR 1506 on SR
1505, Yadkin River, Caldwell County
7. NCDOT Pipe Replacement 1.15 miles west of SR 1506 on SR
1505, Yadkin River, Caldwell County
A- 400
Memo Page 2 May 12, 1992
8. NCDOT Addition of 8411CMP at Little Horse Creek on SR
1335, Ashe County
9. NCDOT Extension of existing 78" CMP at Little Phoenix
Creek on SR 1649, Ashe County
10. NCDOT Expansion of waterway opening at Little Peak
Creek on SR 1595, Ashe County
11. NCDOT Replace existing 72" CMP with new 7211 CMP at
Laurel Fork Creek on SR 1167, Watauga County
12. NCDOT Bridge No. 257 Replacement on SR 1647 over
Millpond Branch on SR 1647, Ashe County
13. Jerome B. Wolff, Carteret County, (ID# 92186).
In addition, biologists on our staff have reviewed the
following Nationwide 404 Permit applications. Due to
insufficient staff and time limitations we are unable to conduct
the necessary field investigations to comment on these
applications. This "no comment" should not be considered as
either approval or disapproval of the work proposed. These
projects are:
Joe Husbands, Pender County
2. NCDOT Bridge No. 12 over Thorofare Bay Channel at Cedar
Island, Carteret County.
We appreciate the opportunity to comment on these
applications. If we can provide further assistance, please call
on us.
cc: Stephanie Goudreau, Mtn. Region Habitat Biologist??????
Bobby Maddrey, District 2 Wildlife Biologist
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL I WATER QUALITY CERTIFICATION
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,. Wllmington.District
(GS 113.229, 143.215.3(x)(1), 143-215.3(c), 113A•118 (33 CFR 209.320=329)
1
Please type or print and fill in all blanks. If information is not applicable, so indicate by placi Iles
1. Applicant Information - 3 U y +
A. Name Husbands Joe
Last First Middleyy??ANDS GROUP
B. Address 318 Colonial Drive HATER 0UALI
Street, P. O. Box or Route
_ Wilmington N.C. 28403 919-763-7318
City or Town State Zip Code Phone
11. Location of Proposed Project: .
A. County Pender
B. 1. City, town, community or landmark Currie
2. Is proposed work•within.city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Black River
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work Drive access to existing house
8. Purpose of excavation or fill
L. Access channel length width depth
2. Boat basin length width depth
3. Fill area Driveway length 670 width 16 depth 11 Average
4. Other length width depth
C. I. Bulkhead length N/A Average distance waterward of MHW (shoreline) N/A
2. Type of bulkhead construction (material) N/A
U. Excavated material (total for project)
1. Cubic yards ± 350 2. Type of material upland sand from hnrrnw arp-a
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards N/A 2. Type of material N/A
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area tt, be excavated include any marshland, swamps or other wetland? Yes No X
8. Dues the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area
1. Location 670 x 16 driveway through center of tract
2. Do you claim title to disposal area? YPG
U. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion controlled? 2:1 slope on driveway
shoulder to be seeded upon completion
I . I ype of equipment to be used a .1 no plImp true-lc - nn7Pr
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
Intended Use of Project Area (Describe)
A. 1. Private Private driveway to access owner's existing home
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 10.0r8 acres
2. Elevation of lot(s) above mean high water 0 - 15'
3. Soil type and texture A 1 p i n fine sand,_ Marvyn loamy fine sand, Muckalee loam
4. Type of building facilities or structures Existing piling supported frame house
5. Sewage disposal and/or wastewater treatment A. Existing X Planned
B. Describe --Existing conventional septic tank -
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURA
CONSERVATION. OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1:. Will any runoff-or discharge. enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X_
2. Type of discharge - N/A
3. Location of discharge - N/A '
.VII. Present rate of shoreline .erosion (if known): N/A
VIIL List permit numbers and issue dates 'of previous Department of. Army Corps of Engineers "State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project: --Estimated two months
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,
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.
B. Attach an accurate work plat drawn to scale on 8%: 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 re istered or
certified mail or by publication.(G.S. 113-229 (d))Enter date served ?I Q - ??.S7'Z_
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.
Donald A. & Lois C. Steele, 1914 Druid Lane, Wilmington, N.C. 28401
Florence I. Clements, 296 West 11th Street, New York, N.Y. 10014
XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity, -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
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 23
D&F-82
Rev. 10/78
Applicant's Signature
SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
9ia6 CIAM A6.2522
Vdmeiiay&x,. 4o' W e. Vruo"a 2nm
3U1 9Y9-452-000Y e?
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J J Q? March 25, 1992 mid &#4w,M J
c°e
Dr. Wayne Wright
Army Corps of Engineers
Regulatory Branch
P.O. Box 1890
Wilmington, N.C. 28402
Dear Dr. Wright:
As discussed previously, Mr. Joe Husbands is applying for an
individual permit to place a fill driveway on his tract in Pender
County to access an existing house on the riverfront. The ± 10.08
acre tract was formerly owned by a Mr. Price who built the
waterfront house and used an existing driveway on Mr. Steele's
property for access. Mr. Steele cut off this usage and Mr. Price
had his property foreclosed upon by First Hanover Bank. First
Hanover tried by legal means to re-establish access to the house
via Mr. Steele's driveway but was unsuccessful (see attached
letter). First Hanover Bank went out of business and the tract was
passed to the FDIC. Mr. Husbands has bought this tract from the
FDIC and wishes to construct the fill driveway in a previously
cleared corridor through the wooded wetlands on his tract to access
his house. Mr. Husbands has no plans to further develop this
tract.
If you should have any questions
contact me at your convenience.
survey approval letter from Jean
regarding this request, please
I have also enclosed the 404
Benton.
Sincerely,
Steve tMor Environmental Consultant
SM/dm
Enclosure: Deed, bank letter, Corps letter
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PROPOSE -FILL
PURPOSED DRIVEWAYDRIVEWAY
ACCESS TO EXISTING HOUSE
ON
BLACK RIVER AT GAYLORS COVE
?PENDER COUNTY, N.C.
S ?- _--' o ` APPLICANT: JOE HUSBANDS
S\?` ADJACENT PROPERTY OWNERS
_ '%: 60 DONALD & LOIS STEELE
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REQUESTED FILL AREA
TYPICAL CROSS SECTIONS
TYPICAL DRIVEWAY SECTION
12'
2:1 SLOPE TO BE SEEDED EXISTING GRADE
16'
TYPICAL CULVERT LOCATION SECTION
? 12'
;SAND•'FILL 21
:RCP C.UL V RT .?
2 0'
SCALE 1 "=4'
PROPOSED PILL DRIVEWAY
PURPOSE : DRIVEWAY ACCESS TO EXISTING HOUSE
ON BLACK RIVER AT GAYLORS COVE
. PENDER COUNTY, N.C.
APPLICANT: JOE HUSBANDS
ADJACENT PROPERTY OWNERS
DONALD & LOIS STEELE
Cl r1?CAt/C 1 /%1 BSAL-\ITt% ouccT Z nc Z

IN WITNESS WHEREOF, the
be signed in its name by its
day and year above written.
S' ed, seals and delivered '
4 i h
wit
Wi ass
BGOK 822 'AGE 071
antor has causad this instrument to
ply authorized Attorney-in-Fact the
RANTOR:
EDERAL DEPOSIT INSURANCE CORPORATION
"EGE?UERR` F1tST ANOVER BANK
By
tle:

STATE OF GEORGIA
)
COUNTY OF FULTON )
JOHN O. OONTZ
ATTORNE IN-PI
I ''. ?, a Notary Public of the County and
State aforesaid, certify that ohn 0. Koontz personally came before
ma this day and acknowledged that he is the authorized Attorney-
In-Fact of the Federal Deposit Insurance Corporation, as Receiver
for First Hanover Bank and that by authority duly given, the
foregoing instrument was signed in its name by this Attorney-In-
Fact.
:•?'." Wit ess my hand and official stamp or seal this day
oA? M? 1.1-992.
'Iy'.HH 1111!/, ?,, t
?j
oh expires: i
c'
'a o unl?j, G?or=
s-s Jan, ?.9,1993
The foregoing Certificate of
is certified to be correct. h
are duly registered at the date
shown on the first page hereo .
??y?o ?. Sw4c®gpo? M1 .

2s? -- ? ?C C .?C.rt.
s i strument and this certif cats
and time and in the Book and Page
REGISTER OF DEEDS FOR
COUNTY.
biQi 44'nnt-Resister o
a
FILED
nfla 17 fin 1142
jQ&i t?" I?iW C FE Pand Page
Excise Tax Q$.? ) Recoit• ..,' it oe DEEDS
J Q!... C' U NT Y. N. C.
Tax Lot No. Parcel Identifir No.
Verified by County on the ay of
1992,
Mail after recording to
This nstrument was prepared Co n M. Gromley, Staff Attorney,
Federal Deposit insurance corporation, 285 Peachtree Center Avenue,
suits 600, Atlanta, Georgia 30303.
Brief description for the Indel
NORTH CAROLIN NON-WARRANTY DEED
i
i
I

THIS DEED made the
by and between
FEDERAL DEPOSIT INSURANCE
CORPORATION, as RECEIVER For
FIRST HANOVER BATIK, a North
Carolina banking corporation
285 Peachtree Center Avenue
Suite 300
Atlanta, Georgia 30303
day of Marsh , 1992,
JOSEPH W. HUSBANDS AND WIFE
GAIL K. HUSBANDS
5093 Edinboro Lane
Wilmington, North Carolina
28409
)
1 ._ __ ..
•rtse sue-:say:,a< s••,, •,?••••,...« ».._ _-. `- - '= •.••,, u-,.P4.n ataXl include
said parties, their respects a heirs, successors and assigns and
shall include singular, plura?, masculine, feminine or neuter where
the context requires or permits.
WITNESSETH, that Grantor, t r a valuable consideration paid by
Grantee, the receipt an sufficiency whereof is hereby
acknowledged, has and by thes presents does grant, bargain, sell,
convoy and forever quitclaim unto Grantee all that lot or parcel
of land located in Pander C unty, state of North Carolina, more
particularly described on "All attached hereto and made a
-.?--*« ho - 0 rhore.i.n referred to as the "Property").
The property herein described,was acquired by Grantor by Instrument
recorded in Book 770, Page X035 of the Public Records of Pander
county, North Carolina.
TO HAVE AND TO HOLD the
appurtenances thereto belong
Crantor makes no warranty, w
with respect to the title a
Grantee acknowledges and,aj
"WZTH ALL FAULTS."
? s=aT? o •
440 C UNA
? :sTarR
s 71uc
o
$
,i
THIS DEED IS I
PURSUANT TO
STATE
Property and all privileges and
g to the Grantee.
Cher statutory, express or implied,
for condition of the Property, and
as that Grantee has inspected the
t. a ++.-A4Pnf rendition "AS IS" and
F" ^!] cnd Verif
5.;. E'rAcegood
PT FROM TRANSFER TAXES 1 :::r of Deodo
U.S.C. SECTION 1825. }?••+vc County, NC

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%61P 9"M March 23, 1992
Donald & Lois Steele
1914 Druid Lane
Wilmington, N.C. 28401
Dear Mr. & Mrs. Steele:
9WA 94
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jw.s
V ,W 2s4os
As required, you are being notified of an application to permit a
fill driveway across wetlands on the tract owned by Mr. Joe
Husbands.
Riparian landowners have 3.0 days to submit any comments to the
Regulatory Agencies.
If you should have any questions regarding this activity, please
contact me at your convenience.
Sincerely,
Steve Morrison
Environmental Consultant
SM/dm
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SENDER: ,.
• Complete items 1 and/or 2 for additional services '
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March 23, 1992
Florence I. Clements
296 West 11th Street
New York, N.Y. 10014
Dear Ms. Clements:
As required, you are being notified of an application to permit a
fill driveway across wetlands on the tract owned by Mr. Joe
Husbands.
Riparian landowners have 30 days to submit any comments to the
Regulatory Agencies.
If you should have any questions regarding this activity, please
contact me at your convenience.
Sincerely,
Steve Mo/ison
Environmental Consultant
SM/dm
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PROjEG`Or
MAY 11 1992
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
REF: WMD/WOWB/LP
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
v
MAY 15 1992
TION UALITY
Colonel Walter S. Tulloch S WATER
SECTION
District Engineer
U.S. Army Corps of Engineers, Wili'hgton
P.O. Box 1890
Wilmington, North Carolina 28402-1890
SUBJECT: Projects Under Current Review
Dear Colonel Tulloch:
MAY 14 1992
DIV. OF ENARONMENTAL MGMNI
DIRECTORS OFFICE
The Environmental Protection Agency (EPA) has reviewed the project
plans advertised in the public notice listed below and elects not
to take a position on this project at this time. We would like to
stress, however, that EPA's discretion regarding review of these
public notices in no way implies concurrence on permit issuance or
consistency with the Section 404(b)(1) Guidelines.
Public Notice
199201350
Applicant
Joe Husbands
Notice Date
April 16, 1992
If you have an quations oncerning our position on this project,
please conta Lee P ej f our Wetlands Regulatory North Unit at
(404)347-21 or FTSl7 126.
Sincerely yo s,
Haynes Johnson, Chief
Wetlands Regulatory North Unit.
L
?o?ie s?l9?q?i
1?fik L
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Mr. Randall P. Cheek, Area Supervisor
National Marine Fisheries Service
Habitate Conservation Division
Rivers Island=
Beaufort, North Carolina 28516
Colonel Walter S. Tullock
District Engineer
U.S. Army Corps of Engineers, Wilmington
Post Office Box 1890
Wilmington, North Carolina 28402
Mr. Donald Baker
North Carolina Wildlife Resources
Commission
512 North Salisbuvy S#reet
Raleigh, North Carolina 27611
Mr. Robert F. Helms, Director
Division of Environmental ManageMa-tom
North Carolina Department of Naturdf
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Preston Pate
Chief, Estuarine Studies Section
North Carolina Division of Marine Resources
Post Office Box 769
Moorehead, North Carolina 28557
John Parker
Permits Coordinator
North Carolina Office of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611
Mike Gantt
Field Supervisor
U.S. Fish & Wildlife Service
310 New Bern Avenue
Raleigh, North Carolina 27601
• v
9?
19
State of North Carolina s
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 July 14, 1992 Director
Colonel Walter Ttlloch
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
JUL z Z 1992
REFERENCE: Action ID 199201350
Fill Wetlands Adjacent to the Black River for Driveway Construction
Dear Colonel Tulloch:
The State of North Carolina has completed its review for consistency with the North Carolina
Coastal Management Program pursuant to 15 CFR 930, of Corps Public Notice number Action ID-
199201350, regarding an application by Mr. Joe Husbands to place fill material in adjacent wetlands
of the Black River for construction of a residential driveway near Currie, Pender County, North
Carolina. We have determined that the proposed activity is consistent with the enforceable and
mandatory standards of the North Carolina Coastal Management Program and agree with the
applicant's consistency certification.
However in the course of our review, we received comments expressing some concerns about
the project. Copies of these comments are attached. Specifically, the Natural Heritage Program,
within the North Carolina Division of Parks and Recreation, is concerned about potential impacts on
populations of rare mussel species in the Black River, and the North Carolina Wildlife Resources
Commission is recommending the proposed driveway width be reduced to lessen wetland impacts.
Although we are not able to find the project inconsistent with the North Carolina Coastal Management
Program, we urge the Corps to consider their comments in its evaluation of the project.
Also, the Division or Coastal Management notes that alternatives to the proposed project exist
which would have lesser impact on the wetlands and the Black River system. One alternative would be
to continue using the existing access route. Another alternative would be to bridge the wetlands. Some
form of wetlands enhancement or creation which would neutralize wetland impacts could also be
considered.
If the project is permitted, all best management practices should be followed to control siltation
and minimize ecological and wetland impacts. Culverts should be placed at appropriate intervals and
driveway side slopes planted with grass. The driveway should be constructed by someone having reliable
experience in this type of project and work in wetland areas.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Finally, the applicant should contact Mr. Phillip Rivenbark, Pender County Mosquito Control,
[phone], to be advised on mosquito control and prevention with this project.
Should you have any questions about our finding or comments, please contact Caroline Bellis,
Division of Coastal Management in Raleigh, [phone].
Sincerely, 411 , ? -
Tb` /- Roger N. Schecter
cc: Jim Herstine, Division of Coastal Management, Wilmington Office
Dennis Stewart, North Carolina Wildlife Resources Commission
Carol Tingley, Division of Parks and Recreation
John Dorney, Division of Environmental Management, Raleigh
Richard Rowe, Division of Environmental Health
RF

??c?ivE? _ Yr
Mpty 22 1992
COASTAL
0 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Stephen B. Benton
Consistency Coordinator, DEH&NR
FROM: Richard B. Hamilton
Assistant Director "DATE: May 18, 1992
SUBJECT: U.S. Army Corps of Engineers Public Notice
ACTID-92-1350: Mr. Joe Husbands, Wetlands
adjacent to Black River, Pender County, N. C.
Professional biologists from our staff have
subject Public Notice (PN) and are familiar with
area. This correspondence is provided in accord
provisions of the Fish and Wildlife Coordination
401, as amended; 16 U.S.C. 661 et seq.) and the
General Statutes (G.S. 113-131 et seq.).
reviewed the
the project
3nce with certain
Act (48 Stat.
North Carolina
The applicant, Mr. Joe Husbands, is requesting authorization
to place fill material in wooded wetlands adjacent to Black River
to construct a driveway to an existing residence. The
predominant vegetation type in the area is bottomland hardwoods
with black tupelo, green ash, and bald cypress being the
predominant tree species. A portion of the driveway is to be
constructed through a pocosin type area. Soils in the area are
of the Muckalee_type and are hydric in nature. The driveway is
to be 670' in length and 16' wide. The vegetation in the
proposed driveway corridor has been cleared. The area is used by
a wide variety of wildlife species which may include, white-
tailed deer, black bear, gray fox, raccoon, opossum, gray
squirrel, bobcat, songbirds, raptors, reptiles and amphibians.
We feel that the proposed project should be reduced in
scope. Although access to the residence will have to cross the
Demo Page 2 May 18, 1992
wetland area, a smaller crossing will lessen the negative
impacts. We feel that a 16' wide driveway is excessive and
should be reduced to 10'..
Thank you for the opportunity to review and comment on this
public notice. Please let us know if we can provide further
assistance.
RBH/lp
cc: The Honorable R.G. Sowers, III
Mr. Bobby Maddrey

t
.
DIVI.SION OF PARKS AND RECREATION
May 4, 1992
Memorandum
TO: Stephen Benton
FROM: Stephen Hall, Natural Heritage Program
SUBJECT: Fill Wetlands Adjacent to the Black River for
Residential Access
REFERENCE: ACTID-92-1350
The site of the proposed project is located adjacent to the Black
River Cypress Forest, identified as a priority natural area by
the Natural Heritage Program. In addition to the ancient stand
of bald cypress found along the borders of the river at this
point, this reach is noted for its possession of several rare
species of aquatic animals, including the Atlantic pigtoe mussel
(Fusconaia masoni) and yellow lamp mussel (Lampsilis cariosa),
both of which are candidates for federal listing and state-listed
as Threatened, and the pod lance (Elliptio folliculata), which is
state-listed as Special Concern. The population of the Atlantic
pigtoe is especially noteworthy, since it is the healthiest and
possibly last surviving population in the entire Cape Fear
drainage (John Alderman, NCWRC, pers. comm.).
Any siltation produced by this project could have adverse impacts
on these animals; siltation has been implicated as one of the
major causes for the decline of mussels throughout the country.
All best management practices should therefore be followed for
the control of runoff. and siltation from the project site.

® North Carolina Wildlife Resources Cone
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-?3'
Charles R. Fullwood, Executive Director QY 4
MEMORANDUM
WETLA{dDS GKOUt' ._s.t
TO: John R. Dorney WATER UAU SECMr4
Division of Environmental Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program 4w?
DATE: May 12, 1992
SUBJECT: Comments on Section 401 Water Quality Certification for
Section 404 Nationwide Permit requests
Biologists on the Wildlife Resources Commission staff have
reviewed the subject permit application and we are familiar with
habitat values of the project area. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U. S. C. 661-667d).
Based upon information provided, it is our opinion that
Section 401 Water Quality Certification can be issued without
significant impacts on fish and wildlife for the following
projects:
1. City of Winston-Salem, Forsyth County
2. Southeastern Jurisdiction Administrative Council, Lake
Junaluska, Haywood County (ID# 92174)
3. Transcontinental Gas Pipe Line Corp., Iredell and Rowan
Counties, (ID# 92178)
4. NCDOT Bridge No. 26 over Cypress Creek on NC 53, Pender
County
5. NCDOT Bridge No. 239 over Mulberry Creek on SR 1369,
Caldwell County
6. NCDOT Pipe Replacement 0.9 miles west of SR 1506 on SR
1505, Yadkin River, Caldwell County
7. NCDOT Pipe Replacement 1.15 miles west of SR 1506 on SR
1505, Yadkin River, Caldwell County
Memo Page 2 May 12, 1992
i
8. NCDOT Addition of 8411CMP at Little Horse Creek on SR
1335, Ashe County
9. NCDOT Extension of existing 78" CMP at Little Phoenix
Creek on SR 1649, Ashe County
10. NCDOT Expansion of waterway opening at Little Peak
Creek on SR 1595, Ashe County
11. NCDOT Replace existing 72" CMP with new 7211 CMP at
Laurel Fork Creek on SR 1167, Watauga County
12. NCDOT Bridge No. 257 Replacement on SR 1647 over
Millpond Branch on SR 1647, Ashe County
13. Jerome B. Wolff, Carteret County, (ID# 92186).
In addition, biologists on our staff have reviewed the
following Nationwide 404 Permit applications. Due to
insufficient staff and time limitations we are unable to conduct
the necessary field investigations to comment on these
applications. This "no comment" should not be considered as
either approval or disapproval of the work proposed. These
projects are:
1. Joe Husbands, Pender County
NCDOT Bridge No. 12 over Thorofare Bay Channel at Cedar
Island, Carteret County,
We appreciate the opportunity to comment on these
applications. If we can provide further assistance, please call
on us.
cc: Stephanie Goudreau, Mtn. Region Habitat Biologist??????
Bobby Maddrey, District 2 Wildlife Biologist