19950309 Ver 1_COMPLETE FILE_19950321

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 1, 1995
Outer Banks Contractors
c/o Mr. Mike Beacham
934 Kitty Hawk Road
Kitty Hawk, N.C. 27949
Dear Mr. Beacham: ATA
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Post-it'" Fax Note 7671

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Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed borrow pit fill
Project # 95309, COE # 199501946
Dare County
Attached hereto is a copy of Certification No. 2990 issued to Outer Banks Contractors
dated 26 April 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
eston o d, Jr. P
Attachments
2990.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NORTH CAROLINA
Dare 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 Outer Banks Contractors
resulting in 3.5 acres of waters impact in Dare County pursuant to an application fled on the 9th day
of March of 1995 to place fill material and tree stumps in a borrow pit to restore wetland elevation.
The Application provides adequate assurance that the discharge of fill material into the waters
of Duck Pond Creek in conjunction with the proposed development in Dare 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:
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 (50 NTUs in streams and rivers not designated as trout waters by
DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs
in trout waters).
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 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. Unless
such demands are made, this Certification shall be final and binding.
This the 26th day of April, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
l
r on Howa , Jr. P.E
WQC# 2990 0
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
. PO. BOX 1890 RECEIVED
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 13, 1995 MAR 1 71995
Regulatory Branch ENVIRONMENTAL SCIENCES
gpeninu
Action ID. 199501946
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:
Enclosed is the application of Mr. Mike Beacham, Outer Banks Contractors, for
the Department of the Army authorization and State Water Quality Certification to
place approximately 64,000 cubic yards of earthen fill material and tree stumps
within an existing 3.5 acre open water borrow pit to an elevation equal to adjacent
marsh wetlands located on the east side of S.R. 1206 (Woods Road), across from S.R.
1207 (Twiford Road), adjacent to Duck Pond Creek and Kitty Hawk Bay, in Kitty Hawk
Village, Dare County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of
the Clean Water Act, and we have determined that a water quality certification may
be required under the provisions of Section 401 of the same law. A Department of
the Army permit will not be granted until the certification has been obtained or
waived.
In accordance with our administrative regulations, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you
have not acted on the request by May 15, 199_5, the District Engineer will deem that
waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Mickey Sugg, Washington Regulatory Field Office, telephone (919)
975-3609.
Sincerely,
e Wrig
e Regulatory Branch
Enclosure
-2-
Copies 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
Mr. David Griffin, District Manager
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
Mr. George Wood
Environmental Professionals, Inc.
Post Office Box 3368
Kill Devil Hills, North Carolina 27948-3368
953oq
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199501946 March 9, 1995
PUBLIC NOTICE
OUTER BANKS CONTRACTORS, represented by MR. MIKE BEACHAM, 934 Kitty Hawk
Road, Kitty Hawk, North Carolina 27949, has applied for a Department of the Army
(DA) permit TO PLACE APPROXIMATELY 64,000 CUBIC YARDS OF EARTHEN FILL MATERIAL
AND TREE STUMPS WITHIN 3.5 ACRE OPEN WATER BORROW PIT, ADJACENT TO DUCK POND
CREEK AND KITTY HAWK BAY ON THE EAST SIDE OF S.R. 1206 (WOODS ROAD), ACROSS FROM
S.R. 1207 (TWIFORD ROAD), IN KITTY HAWK VILLAGE, Dare County, North Carolina.
The following description of the work is taken from data provided by the
applicant, and from observations made during onsite inspections by
representatives of the Corps of Engineers. Plans submitted with the application
show the proposed discharge of fill material in the borrow pit, located north of
the former Outer Banks Contractors main office. The pit is bounded on the south
by an existing mining area, and to the north by an area of undisturbed wooded
wetlands. A material pile, consisting of approximately 64,000 cubic yards of
and woody debris, is located along the southwestern edge of the borrow pit. The
pit is approximately 1,000 feet long by 150 feet wide, and has an average depth
of 8. feet. The pit was excavated in wetlands and is currently an open water
pond. The applicant proposes to push the 64,000 cubic yards of stockpiled
material into the pit. The pit is to be capped with earthen fill to the
elevation of adjacent marsh wetlands and allowed to revegetate naturally. After
the pit is filled and capped to appropriate wetland elevations, all excess spoil
material is to be hauled off to a suitable upland disposal area. The dominant
vegetation adjacent to the pit consists primarily of Acer rubrum, Liquidambar
stvraciflua, Pinus taeda, and Persea borbonia. Soil types within the project
area are Fripp Fine Sand and Conaby Muck. The purpose of the work is to
eliminate the material and to restore wetland elevations. Plans showing the
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.
C. The issuance of a permit under the North Carolina Coastal Area Management
Act (LAMA) 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 DA permit will be denied if any required State or local
authorization and/or certification is denied. No DA 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 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.
The District Engineer, based on available information, is not aware that the
proposed activity will affect species, or their critical habitat, designated as
endangered or threatened pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the
probable impacts, including cumulative impacts, of the proposed activity and its
intended use on the public interest. Evaluation of the probable impacts which
the proposed activity may have on the public interest requires a careful weighing
of all those factors which become relevant in each particular case. The benefits
which reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. The decision whether to authorize
a proposal, and if so the conditions under which it will be allowed to occur, are
therefore determined by the outcome of the general balancing process. That
decision should reflect the national concern for both protection and utilization
of important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain values
(in accordance with Executive Order 11988), land use, navigation, shore erosion
and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of the
United States, a permit will be denied if the discharge that would be authorized
by such permit would not comply with the Environmental Protection Agencies
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, state
and local agencies and officials; Indian Tribes and other interested parties in
order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To make
this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to the
National Environmental Policy Act. Comments are also used to determine the need
for a public hearing and to determine the overall public interest of the proposed
activity.
Generally, the decision whether to issue this DA permit will not be made
until the North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean Water
Act. The DEM considers whether or not the proposed activity will comply with
Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this
public notice for the DA permit serves as application to the DEM for
certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North Carolina
Division of Environmental Management, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take final
action in the issuance of the Clean Water Act certification on or after
April 24, 1995.
All persons desiring to make comments r2g rding the application for Clean
Water Act certification should so in wr tin delivered to the North Carolina
Division of Environmental Man a (April nt, Post ff ce Box 27687, Raleigh, North
Carolina 27611-7687, on or b for 3, 199 Attention: Mr. John Dorney.
Written comments pertinen to the proposed work, as outlined above, will be
received in this office, Attention: Mickey Sugg, Washington Regulatory Field
Office, Post Office Box 1000, Washington, North Carolina 27889, until 4:15 p.m.,
April 7, 1995, or telephone [phone].
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OUTER BANKS CONTRACTORS INC. JOB NUMBER: 94-1:
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April 3, 1995
U. S. Department of Army
Attn: Mr. Mickey Suggs
P. O. Box 1000
Washington, NC 27889-1000
Dear Mr. Suggs:
This letter is with reference to your March 13, 1995, correspondence regarding Action
I. D. 199501046 (Outer Banks Contractors) request for authorization to fill an existing
3.5 acre open water borrow pit to an elevation equal to adjacent wetlands, in Kitty
Hawk, North Carolina. Your request is to consider the project's compliance with the
Memorandum of Agreement between the U. S. Environmental Protection Agency and
the Department of Army.
This work has been proposed in order to place fill in an open water pit to bring the pit to
marsh elevation where it will revegetate naturally. This should result in positive
environmental impact because the open water deep pit would then become more
environmentally enhanced by being at wetland elevation and available for wildlife and
water quality enhancement. The proposed project has been aligned in such a way as
to avoid impact to adjoining and unaffected wetland areas, and to be contiguous with
those areas so that the project will result in a continuance of new wetlands and
establish a further buffer between high ground impacts and the adjoining wetland
areas. We feel that this meets the criteria to minimize wetland losses by virtue of the
fact that we are really creating additional wetland habitat. Because of this, we feel
there is no appropriate nor practical mitigation that would be required by the project.
We appreciate your continued consideration of this project and hope that this
information will satisfy your request of March 13, 1995.
Sincerely,
.H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368
./
cc: Division of Environmental Management
P. O. Box 27687
Raleigh, NC 27611-7687
Decatur Partnership
934 Kitty Hawk Road
Kitty Hawk, NC 27949
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director June 8, 1995
RECEIVED
A - r4iLA
DEHNR
JUN 1 61995
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Colonel Robert J. Sperberg ENVIRONMENTAL Sc;IENCFS
District Engineer
U.S. Army Corps of Engineers
Wilmington District ?:..
P.O. Box 1890 ?tl
Wilmington, NC 28402-1890 (? 1 f F
REFERENCE: ACTID-95-1946 Outer Banks Contractors, Mr. Mike
Beacham: Fill 3.5 Acre Borrow Pit In Kitty Hawk
Villaqe, Dare Countv NC
Dear Colonel Sperberg:
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-
199501946, regarding an application by the Outer Banks Contractors,
represented by Mr. Mike Beacham, to place 64, 000 cubic yards of
material in a 3.5 acre borrow pit adjacent to Duck Pond Creek and
Kitty Hawk Bay. The applicant proposes to fill the borrow site to
the elevation of the adjacent wetlands and to allow the natural
vegetation to recur. Based upon our review, we agree with the
applicant's determination that the proposed activity is consistent
with the North Carolina Coastal Management Program provided the
following conditions are met.
1. All conditions of the 401 Water Quality Certification are
met.
2. To protect shallow water wildlife habitat, no fill will be
allowed in any natural pond or water body that may occur at
the Kitty Hawk Pit site.
Our second condition is based on the concerns of the North
Carolina Wildlife Resources Commission. During our review, the
Wildlife Resources Commission commented on the habitat value of the
pond which this borrow pit has become. The Wildlife Resources
Commission indicated that the pond functions as shallow water
habitat, supporting a diversity of amphibians, fish, reptiles,
mammals, and bird species, including deer, Canada geese, and
osprey. The loss of this pond will reduce habitat quality and
diversity in the area, and permitting the disposal of debris into
this pond may encourage the disposal of debris into other ponds on
the site. We do, however, recognize that restoring this area to
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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