19950352 Ver 1_Complete File_19950110

-
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
Mr. Ernest D. Hackney, Jr.
P.O. Box 3442
Wilmington, N.C. 28406
Dear Mr. Hackney:
FILE CUP1.
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed mechanical clearing of existing waterfowl impoundment
Project # 95352, COE # 199502105
Pamlico County
Attached hereto is a copy of Certification No. 2992 issued to Ernest Hackney dated
26 April 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
OtteeLvd
on How , Jr. u?O
Attachments
2992.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
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P.O. 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
Pamlico 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 21-1, Section .0500 to Ernest Hackney resulting
in 70 acres of wetland impact in Pamlico County pursuant to an application filed on the 30th day of
March of 1995 to mechanically clear wetlands within existing waterfowl impoundment.
The Application provides adequate assurance that the discharge of fill material into the waters
of Middle Prong Creek in conjunction with the proposed development in Pamlico 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 (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. 27611-7447. Unless
such demands are made, this Certification shall N final and binding.
This the 26th day of April, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Pr on ow , Jr..
WQC# 2992
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
March 30, 1995
Regulatory Branch
Action ID No. 199502105
Mr. John Dorney
North Carolina Division
of Environmental Management
Water Quality Section
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
Enclosed is the application of Mr. Ernest D. Hackney for Department of
the Army authorization and a State Water Quality Certification to mechanically
clear approximately 70 acres of wetlands within an existing 80 acre waterfowl
impoundment located off NC 33, adjacent to Middle Prong Creek and the Pamlico
River, near Hobucken, in Pamlico 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 is 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, in most cases, 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, or asked for an
extension of time, by May 30, 1995, the District Engineer will deem that
waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Mike Bell, Washington Regulatory Field office, telephone
[phone].
Sincerely,
e wht t
ie , Regory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Printed on ® Recycled Paper
APPLICATION FOF"'PARTMENT OF THE ARMY PERMIT r * I OMB APPROVAL NO. 0710-003
63 CFR 325/ Expires October 1996
Public reporting *,urden for this collection of information Is estimated to average 5 hours per response, including the time for reviewing Instructions,
searching existing data sources, gathering and maintaining the date needed, and completing and reviewing the collection of information. Send
r..rmrfients regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT l S ?` US
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
materiel for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED
//TFMC RF/ nW Tn RF F// / Fn RV APPUCdNT
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE fen agent Is not required)
Ernest D. Hackney, Jr. (see attach ed Lease Agreement)
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
P.O. Box 3442
Wilmington, NC 28406
APPLICANT'S 10. AGENT'S PHONE NOS. AREA 0
a. Residence [phone] a. Residence
b. Business [phone] b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Middle Prong Creek Impoundment
13. NAME OF WATERBODY, IF KNOWN (if ppik.wej 114. PROJECT STREET ADDRESS ifsppucebiel
Middle Prong Creek/Pamlico River Lowland Road
15. LOCATION OF PROJECT
Pamlico
COUNTY
NC
STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Iseeinstructions)
See Attached Map
17. DIRECTIONS TO THE SITE
See Attached Map
ENG FORM 4345, e 94 EDITION OF SEP 1 I OBSOLETE. (Proponent:
18. Nature of Activity (Description of project, Include all features)
See Attached Exhibit
19. Project Purpose (Describe the reason or purpose of the project, see instruct/onsl
To improve and existing impoundment for the purpose of hunting
waterfowl.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
N/A
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
N/A
22. Surface Area in Acres of Wetlands or Other Waters Filled Isee/nstructionsl
Approximately 80 Acres
23. Is Any Portion of the Work Already Complete? Yes X No IF YES, DESCRIBE THE COMPLETED WORK
The Property was diked in 1975 for the purpose of converting to farm land.
Over the next decade the property was from time to time drained in order
to clear undergrowth. In 1994 the pond was dried and burned by(see attache
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here
please attach a supplemental list).
James E. Johnson, Jr. *Note All property included in this application
P.O. Box 1717 is surrounded by Orin C. Potter property.
Virginia Beach, VA 23451
(See Attached Photographs)
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER
DATE APPLIED DATE APPROVED DATE DENIED
None
"Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly ize a? 8-95
SIGN TURE df_OPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
- U. s.GPO:1994-520-478182018
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199502105
PUBLIC NOTICE
q 53 5a-
March 30, 1995
MR. ERNEST D. HACKNEY, JR., Post Office Box 3442, Wilmington, North
Carolina 28406, has applied for a Department of the Army (DA) permit TO
MECHANICALLY CLEAR APPROXIMATELY 70 ACRES OF WETLANDS WITHIN AN EXISTING
80 ACRE WATERFOWL IMPOUNDMENT LOCATED OFF OF NC 33, ADJACENT TO MIDDLE PRONG
CREEK AND THE PAMLICO RIVER, NEAR HOBUCKEN, IN Pamilco County, North Carolina.
The following description of the work is taken from data provided by the
applicant, and from observations made during an onsite inspection by a
representative of the U.S. Army Corps of Engineers. Plans submitted with the
application show that approximately 70 acres of wetlands primarily vegetated
with Pracrmites australis, and Typha spp. located within an existing 80 acre
impoundment will be cleared with a K-G Blade. In addition, dead and decaying
trees, and assorted woody material will also be cleared. The material will be
pushed into three (3) round piles, burned, condensed, and reburned to remove
as much organic material as possible. Once the material has been removed, an
aquatic herbicide (i.e. Rodeo) will be mechanically sprayed to control the
Phracxmites and cattails. An approximately 10 acre area of standing timber
located within the impoundment will not be impacted. Once this work has been
completed, the applicant proposes to undertake common moist soil management
techniques such as light discing and spraying to control noxious plant species
within the impoundment. 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 (NCDCM) 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
(NCDEM).
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
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the North Carolina Division of Coastal Management
(NCDCM) 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 (NCDA) 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 (NCDLR), 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

lacement 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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). 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 (NCDEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The NCDEM 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 NCDEM 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 (NCDEM), 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 (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after May 23, 1995.
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 (NCDEM), 4401 Reedy Creek Road,
Raleigh, North Carolina 27607, on or before April 21 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Michael Bell, until 4:15 p.m.,
April 28, 1995, or telephone [phone].
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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 29, 1995
?EHNR
RECEIVED
Colonel Robert J. Sperberg
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
JUL 1 91995
ENVIRONMENTAL SCIENCES
"'.11U
REFERENCE: ACTID-95-2105 Ernest D. Hackney, Jr. Clear 70
Acres Wetlands Within an Existing Waterfowl
Impoundment Near Hobucken, Pamlico County, 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, Action ID No.
199502105, regarding an application by Mr. Ernest. D. Hackney to
clear 70 acres of an existing 80 acre waterfowl impoundment
adjacent to Middle Prong Creek near Hobucken, NC. 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 all conditions of the 401 Water
Quality Certification issued by the Division of Environmental
Management are met.
Should either you or the applicant have questions regarding
our finding or conditions, please contact Mr. Stephen B. Benton or
Ms. Caroline J. Bellis, Division of Coastal Management, at (919)
733-2293. Thank you for your consideration of the North Carolina
Coastal Management Program.
Sincerely,
?sr Roger N. Schecter
Director
Division of Coastal Management
CC: Charles Jones, Division of Coastal Management, Morehead City
ftlft':,,DornaY?ADivision of Environmental Management
Michael Bell, Wilmington District Army Corps of Engineers
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper