19960848 Ver 1_COMPLETE FILE_19960830

State of North Carolina IT
Department of Environment,
Health and Natural Resources • •
Division of Water Quality A4
JamesB. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary p.FE N F1
A. Preston Howard, Jr., P.E., Director
October 30, 1996
Mr. Don Freeman
Carolina Cultured Shellfish
P.O. Box 298
Harkers Island, NC 28531
Dear Mr. Freeman,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed predator exclusion fence
Project #960848, COE #199603387
Carteret County
Attached hereto is a copy of Certification No. 3089 issued to Carolina Cultured Shellfish
dated 29 October 1996.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
O.Pr ston o ard, Jr. P. E.
Attachments
3089.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
;Mr. John Dorne}?
Mr. John Parker, Division of Coastal Management
Central Files
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleigh. NC 27607 Teleohone 919-733-1786 FAX # [phone]
NORTH CAROLINA 401 WATER QUALITY 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
Water Quality (DWQ) Regulations in 15 NCAC 211, Section .0500 to Carolina Cultured Shellfish
in Carteret County pursuant to an application filed on the 29th day of October of 1996 to retain in
place a predator exclusion fence.
The application provides adequate assurance that the discharge of fill material into the waters
of Bogue Sound in conjunction with the proposed development 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 the applicable portions of 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.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. For this approval to be valid,
you must follow the conditions listed below. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
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 DWQ; 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 and
may result in criminal and/or civil penalties. 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 have the right to an adjudicatory hearing upon
written request within sixty (60) 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. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 30th day of October, 1996
DIVISION OF WATER QUALITY
WQC #3089
lk
960848
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199603387
August 29, 1996
PUBLIC NOTICE
CAROLINA CULTURED SHELLFISH, represented by MR. DON FREEMAN,
Post Office Box 298, Harkers Island, North Carolina 28531, has
applied for a Department of the Army (DA) after-the-fact permit
TO CONSTRUCT A PREDATOR EXCLUSION FENCE IN WESTMOUTH BAY OF BOGUE
SOUND AT HARKERS ISLAND, CARTERET 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 done; but it is issued to solicit comments
regarding the factors 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 a
site visit by a representative of the Corps of Engineers. Plans
submitted with the application show a 5-foot high fence comprised
of one (1) inch square mesh constructed along the perimeter of
four adjoining water column leases (9208, 9407, 9506, 65-75)
issued by the North Carolina Department of Environment, Health
and Natural Resources, Division of Marine Fisheries. The fence
encloses approximately 18 acres of State owned shallow water
estuarine bottom. Average water depth within the fence is 2.0
feet at mean low water (MLW). Although normally too shallow for
safe navigation, a collapsible gate has been installed along the
most waterward section of the fence to allow public access to the
area by watercraft. The purpose of the work is to exclude large
predators such as sting rays and blue crabs from clam mariculture
beds. Plans showing the work are included with this public
notice.
Permits were issued by the NC Division of Coastal
Management (LAMA) and the Corps of Engineers in 1990 for other
amenities associated with this mariculture operation; however,
authorization was not requested, nor issued, for the fence. The
NC Division of Marine Fisheries considers the installation of a
predator exclusion fence an acceptable feature of the State
issued water column leases granted at this site. Because of
this, the NC Division of Coastal Management has determined that a
CAMA permit was not needed for the fence.

O
gi?29 ?? F`
in
k?

This application is being considered pursuant to Section 10
of the River and Harbor Act of 1899 (33 U.S.C. 403). Anyone 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 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 site is
not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register
is 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 that the proposed
activity may have on the public interest requires a careful
weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue
from the proposal must be balanced against its foreseeable and if
detriments. The decision whether to authorize a proposa,
so the conditions under which it will be allowed to occur, are
therefore decided by the outcome of the general balancing
process. That decision should
both protection and
may be relevant to the proposal must be considered including the
cumulative effects of itnenvi?onmentaloconcernsenwetlands,
economics, aesthetics, general
cultural values, fish and wildlife values, flood hazards and
flood plain values (cerosiontandxaccretionrdrecreation,lwater
use, navigation, shore needs, safety,
supply and conservation, water quality, energy
inm considerandawelftionsareofof the
food and fiber production,
property ownership, and, dredged or
people. For activities involving the placement of derredwill be
fill materials in waters of the United States, a p
denied if the discharge that would be authorized 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
2

District'Engineer decides 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 to consider and evaluate the
impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to decide 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 decide the need for a public
hearing and to decide the public interest of the proposed
activity.,
Written comments pertinent to the proposed work, as outlined
above, will be received in this office, Attention: Mr. Ernest
Jahnke, until 4:15 p.m., September 27, 1996 or telephone (910)
251-4467.

Law v
Lam
al"lock Una
IWO" N,
OWN"
am*
+ r
'• •1 ?g? ?MMI A•"•e NIYwf ??.?•''
mid**M so 5=
Wading. r. .....?. uwtaomw 1°"MOu
Westrmoutk Ba Rt _W •5
PiTin
• • t _ .1 - ? i 7 Itp- Pt _
42T ?-74-
30*0
Cam
Ruins ' ?.?,'? r •;' • ""? • '

• FIGURE I OF 3
Location Map
Application by Carolina Cultured Shellfish
Fish Predator Exclusion Fence
Pil:

Fence _ J
yb
1 j I
1
/ V
p 4 ? I
' 1 I l fnD?
1 I I
\ I I
\ ?\ 4rD w•f, I I
Nom.
O
Ci
Y
-? m
CID
=0 j
i
0? Cn CD
N \ ' i Co
coo G. 0 \ CD
fD N
Fence
s
1?
[phone]
CAROLINA CULTURED SHELLFISH INC. [phone]
Growers of Cultured Clams and Oysters (Melling Address)
Harkers Island, North Carolina Post Office Box 3576
Morehead City, NC 28557
( I I ?

J\? w I I Tn
• 0
V+ I
I

a
0
Cop
O ~
O CD
? w n u,
.. C H O
W
C CD
fD ,n..
CD =r
(D
N
•
A
li
N N ? ?
o c? rnC ?
T 7
^JI
1 `I