19860284 Ver 1_COMPLETE FILE_19860916

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 4, 1987
SUBJECT: File No. SAWC086-N-027-0449
MAR 0 9 1987
Poplar Branch, North Carolina 27965
Mr. Hubert E. White
Route 1, Box 60
Dear Mr. White:
RECEIVED
WATER QUALITY SECTION
OPERATIONS BRANCH
Reference your applicatiion for after-the-fact Department of
the Army authorization to authorize the placement of fill material
in wetlands adjacent to Deep Branch Creek, off the North River,
near Poplar Branch, in Currituck County, North Carolina.
By letters of August 29 and September 3, 1986 (copies
enclosed), the U.S. Fish and Wildlife Service and the National
Marine Fisheries Service recommended that your application be
denied. These agencies contend that the work you have
accomplished and that which you propose are detrimental to fishery
resources and wildlife habitat. We have completed our review of
your application, and we find the agencies- comments to be
creditable. We have not been able to identify benefits to the
general public that would result from your work and offset the
adverse impacts to the fish and wildlife resources. Accordingly,
your Department of the Army application is denied. You are hereby
instructed to contact Mr. Bob Johnson of my staff, telephone (919)
343-4641, to develop a plan to restore the area of wetlands that
have been adversely affected.
Questions or comments may be directed to either Mr. Johnson or
Ms. Alison Arnold, telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Enclosures
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Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William Mills
W er Quality Section
ision of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

September 23, 1986
Mr. Charles Hollis
Chief, Regulatory Branch
U.S. Army Corps of Engineers
P.O.' Box 1890
Wilmington, NC 28402
Subject: Public Notices
City of Wilmington 065-0405
Edward Curtin 015-0399
Hubert White 027-0449
New Hanover, Camden, and
Currituck Counties
Dear Mr. Hollis:
With regard to the projects as listed in the Subject, these
projects will not require a 401 Certification since they are being
considered after-the-fact. We do not have any objection on water
quality as to the granting of the permits.
Sincerely,
Original Signed EY
WILLIAM C. MILLS
William C. Mills
WCM/dkb
cc: Stephen Benton, DCM
gip, ,. r
NKDATA DF/C.:AMA/401 REV DATE 0805/861
ACTION > ADD FILE > DFCAMA401 PSWD >
ACTION = ADD, ENTER DATA, REC. ADDED IS ' 001^08 I?
MAr RD RDFEIIA NEXT RC D > 001 i);
F'ROJO : 00106 PROD: WHITE, HUBERT COUNTY: CURRITUCK REGION: 07
ASSIGNED TO: WJM ? JOINT NOTICE : N
TYPE CE:RTIFY'C'wON RECOMMENDATION DATES YYMM
404 PN: Y 401 REQ: DD
ISSUE: f RECEIVED: 860815
LAMA ONLY: GC: DENY: INITIAL REPORT:
DF/CAMA: GC: HOLD: FINAL REPORT: 860815
RECEIVING STREAM: DEEP CREEK CLASS: SC BASIN: PAS
COMMENTS:
SITE LOCATED
APPLICANT HAS PLACED 10,600 CU.YDS. OF FELL MATERIAL ALONG A 2000 X 40 FT.
ROAD WAY
APPROX. 0.7 ACRES OF WETLANDS HAVE ALREADY BEEN FILLED WHILE 0.2 ACRES REMAIN
TO BE FILLED TO COMPLETE THE ROAD WAY
THE PURPOSE OF THE PROJECT IS TO PROVIDE ACCESS TO AN EXISTING.' HUNTING LODGE
THIS DIVISION DOES NOT ISSUE AFTER-THE-FACT CERTIFICATIONS
COPIES: WARO-CENTRAL•-MILLS
RECEI'Al EID
AUG 18 1986
\+ATEK QUALITY SECTION
OPERATIONS BRAN"
r _ i. .r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWCO86-N-027-0449
PUBLIC NOTICE
RECEIVED
A U G 1 1 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
August 7, 1986
MR. HUBERT E. WHITE, Route 1, Box 60, Poplar Branch, North Carolina
27965, has applied for a Department of the Army after-the-fact permit TO
AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT TO DEEP BRANCH
CREEK OFF THE NORTH RIVER, NEAR POPLAR BRANCH, Currituck 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 a
representative of the Corps of Engineers. Plans submitted with the
application show the placement of approximately 10,600 cubic yards of fill
material, obtained from an upland source, to raise the elevation of a 2000-
foot-long, 40-foot-wide road by 2 to 4 feet. Approximately 90 percent of the
work has been completed which includes the placement of fill material in
approximately 0.7 of an acre of wetlands. To complete the project, an
additional approximate 0.2 acre of wetlands would be filled. The purpose of
the work is to raise the elevation of the road to make it passable during
periods of high water. The road, supporting activities associated with a
hunting lodge and a mallard nursery, is also used during maintenance of an
adjacent canal. Plans showing the completed and proposed work are included
with this public notice.
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 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.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
-
-2-
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) 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 worksite 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.
Thy Distr ct Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not 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

-3-
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, flood plain values, 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.
Generally, the decision whether to issue this Department of the Army
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 Department of
the Army 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 North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
September 16, 1986.
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 September 10, 1986, Attention:
Mr. William Mills.
1 4
-4-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
September 8, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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HUBERT,L. WHITE
"CURB ITUCK 60UNTY. NORTH CAROLINA
LOCATED 4 MILES SOUTH OF CSI NJOCK
SCALE I INCH= 300 FEET JULY 21 , 1961
( ROAD
?alu a-n 5 4bMAINTENANCE FILL)

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 31, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-027-0449
AUr 0, 1 1086
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECD'I 'i !!ED
10114
Enclosed is the application of Mr. Hubert E. White for a
Department of the Army permit and a State Water Quality
Certification to authorize the completed and proposed placement of
fill material in wetlands adjacent to Deep Branch Creek off the
North River, near Poplar Branch, Currituck 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 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 considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by September 29, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
o 9
ha s W. llis
Chie , Regulatory Branch
Enclosure
i
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
???r, • r, nrvuwrc r 1t.1. WA•Tt= R DUALITY CERTIFICATION
E.ASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
be 1??ministratieri State et North Carotins
(GS 141 Department of the Army
Department of Natural Resources and Community Development Corps of En`ineers, wilminRton District
(GS 113.229, 143-215.3(a)(1). 143-215.3(c), 113A•1 18 .133CFR 209.320.3291
Co 10-9 4/ (1.9
Please type or print and fill in all blanks. If information is not applicable, so indicate 6p plying N/A in b a? nk.
I. Applicant Information t.
A. Name WHITE HUBERT E.
Last First Middle
B.' Address Route 1, Box' 60
Street, P. O. Box or Route
Poplar Branch, North Carolina 27965 [phone]
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County urr•i . u
B. 1. City, town; community or landmark Poplar Branch
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
Deep Branch Creek/North River
111. Oestription of Project 1
A. 1. Maintenance of existing project X 2. New work
B. Purpose of excavation or((ill )
1. Access channel depth
2. Boat basin length.width _..?...r_depth
3. Fill area length 2_,Q .. 0' 'Width 40 depth . 2' to 4'
4. Other` length Width.,_,.__,,,_ depth
C. 1. Bulkhead length Average distance wa'terward of MHW (shoreline)
2. Type of bulkhead construction (material) _
D. Excavated material (total for project)
1. Cubic yards 10 . 660 ....._.....2. Type of material Sand (Road Spoil)
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 0 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipments
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
S. Does the disposal area include any marshland, swamps or other wetland? Yes - No _.._.,_
C. Disposal Area (Fill Area)
1. Location Existing roadbed (Old Landing Road)
2. Do you claim title to disposal area? Yes
D. Fill material source if fill is to be trucked in . Provided b rivate contractor from roadwork by use of
E. How will excavated material be entrapped and erosion'controlled? berms and sib fence w-h ere necessary.
F. Type of equipment to be used
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
OAF-91
Rev. 10179

I (See Attachment A).
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) N/A
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal andi'or waste water treatment A. Existing Planned
B. Describe .61
6. tLand Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY (RURAO
CONSERVATION OTHER (See CAMA Local Land Use Flan Svnop•
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
S. 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 *Not Certain
2. Type of discharge *Could be min= run-off caused by rainwater until seeding is
3. Location of discharge
VII. Present rate of shoreline erosion (if known): Not known (Minimal)
Vill. List permit numbers and Issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, If applicable: -- Unknown
IX. Length of time required to complete project: l 60 days
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.
9. 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 registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served 1-14-86
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 4Bencies listed blow.
Mary P.. Glines 4886 Lorraine Drive, San ftgo, California 92115
(own lands on Nortli an`t Sou •4i' 1Z S )
Water is to West and Applicants owns an to as
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
1
X11, Any permit issued pursuant to this application wiltallolv only the development described in this appli-
cation and plat. Applicants should therefore describe !A the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
i
DATE/????
Applicant's Signature
I .
ri•
D&F-92
Rn In'"*' SEE REVERSE SIDE FOR MAILING INSTRUCTIONS

.4.
M
ATTACHMENT A
. L.-
This project involves maintenance of an existing roadbed (Old Landing
Road). Enclosed is (1) a copy of a 1961 survey showing the road, and
(2) a copy.of a photograph showing roadbed.
Purpose of the project is to raise the elevation of road where it has
become difficult to traverse in certain areas. 1800' of project is
complete and 200' of project is unfinished.
The road is necessary for maintenance of canal used in conjunction
with my hunting lodge and to allow me to move my mallard nursery
(1,000 released each year).away from a busy commercial highway.
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HUBERT , L. WHIT _E
NORTH CAROLINA
CURB ITUCK NOUN"rY,
LOCATED 4 MILES SOUTH OF C?bl NJOCK
SCALE I INCH= 300 FEET JULY 21 , 1961
( ROAD MAINTENANCE FILL)
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