19960385 Ver 1_COMPLETE FILE_19960422

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

~].t'A
- - - ~~

- - -

DEHNR

May 16, 1996

Ms. Barbara Taylor
1160 Country Club Drive
Smithfield, NC 27577

Dear Ms. Taylor,

Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed excavation of portion of Holt's Lake
Project #960385, COE #199602125
Johnston County

Attached hereto is a copy of Certification No. 3065 issued to Barbara Taylor dated 10 May
1996,

If we can be of further assistance, do not hesitate to contact us,

Sincerely,

Attachments

, ~ /'1 \U!A.-j
ston H~aTd, Jr. P'i'

3065.wqc

cc: Wilmington District Corps of EngineerS
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files

Envlro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer. 50% recycledl1 0% post consumer paper

NORTH CAROLINA
Johnston 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 Barbara Taylor
resulting in 0.36 acres of impact in Johnston County pursuant to an application flied 00 the 18th
day of April of 1996 to dredge material to create boating access to two residences.

The Application provides adequate assurance that the discharge of fill material into the waters
of Holts Lake in conjunction with the proposed development in Johnston 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 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.

Condition(s) of Certification:

1. That the activity be ronducted 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).

2. Vegetated wetlands adjacent to the proposed excavation sites shall remain
undisturbed,

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 ronditions 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 flied 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) da)'s following
receipt of the Certification. Unless such demlL'1ds are made, this Certification shall be final and
binding.

This the 10th day of May, 1996

WQC #3065

DIVISION OF ENVIRONMENTAL MANAGEMENT

Iln~~ -'~~'
f1tonH~~~.E' U

v

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 April 24, 1996

_MA

DEHNR
;j2j~
,t!l411f,> d (f # !f~1'

o ~, .
....., IVA.!f~ 1Ch....'~ ~
"f,Pt.-f1y, ~~'.."
"'" (I(J-f, Z>s "':--.
".....//1),'.('.:->":,'...... '
"':'-:;'.'
.,'/

MEMORANDUM

TO: Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management

FROM:

John R. Parker, Jr.
Inland "404" Coordinator

SUBJECT: "404" Project Review

The attached U.S, Army Corps of Engineers Public Notice for Action No. 199602125 dated April 18,
1996 describing a proposed project by Barbara Taylor is being circulated to interested state agencies
for comments on applicable Section 404 and/or Section 10 permits.

Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 17, 1996. If you have any questions regarding the proposed project, please contact me at 733-
2293, When appropriate, in-depth comments with supporting data is requested,

REPLY

This office suppons the project proposal.

No comment.

-J- Comments on this project are attached,

This office objects to the project as proposed.

Signe

Date

f0D/iL

P,O, Box 27687,
Raleigh, North Carolina 27611-7687
Voice 919-733-2293

N{it

1=.Q:~~"'o1'I;:'..tI=~

FAX [phone]
An Equal Opportunity / Affirmative Action Employer
50% recycled/lO"Io pest-consumer paper

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 April 24, 1996

.AVA
DEHNR

MEMORANDUM

TO:

Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management

FROM:

John R. Parker, Jr.
Inland "404" Coordinator

SUBJECT: "404" Project Review

The attached U.S. Army Corps of Engineers Public Notice for Action No. 199602125 dated April 18,
1996 describing a proposed project by Barbara Taylor is being circulated to interested state agencies
for comments on applicable Section 404 and/or Section 10 permits.

Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 17, 1996. If you have any questions regarding the proposed project, please contact me at 733-
2293. When appropriate, in-depth comments with supporting data is requested.

REPLY

This office supports the project proposal.

No comment.

Comments on this project are attached.

This office objects to the project as proposed,

Signed

Date

P,O. Box 27687,
Raleigh, North Carolina 27611-7687
Voice 919-733-2293

N{~C

FAX [phone]
An Equal Opportunity/Affirmative Action Employer
50% recycled/lO"/o post-consumer paper

~u= Reu6e' c1,,',

DEPAR'l'MENT OF THE ANa
Wi1minqton District, Corps o~ Enqin..rs
Post O~~ice Box 1990
Wilminqton, North Carolina 28402-1890

Action ID No. 199602125

April 19, 1996

PUBLIC NOTICE

BARBARA TAYLOR, 1160 Country Club Drive, Smithfield, North Carolina 27577
has applied for a Department of the Army (DA) permit TO EXCAVATE 0.36 ACRE OF
JURISDICTIONAL WATERS OF THE UNITED STATES ADJACENT TO BLACK CREEK (HOLTS
LAKE) FOR RECREATIONAL BOATING ACCESS FOR 2 RESIDENTIAL LOTS, LOCATED ON THE
SOUTH SIDE OF COUNTRY CLUB ROAD, south of Smithfield, in Johnston County,
North Carolina,

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 that
2633 cubic yards (total) of earthen material will be excavated from 0.36 acre
of jurisdictional waters of the United States to construct boating access for
2 existing residences. The excavated material will be removed from the site
and retained on suitable high ground site. No jurisdictional wetlands are
proposed to be impacted by this project.

The dredging activities located at 1262 Country Club Drive will involve
the excavation of a 60.5-foot by 50-foot turning basin and a 25-foot wide by
50-foot long access channel to provide better access to an existing dock and
pier. Activities proposed at 1160 Country Club Road will involve the
excavation of a 450-foot long by 30-foot wide boat channel constructed in a U-
shaped fashion around an isolated wetland island dominated by herbaceous plant
species. This channel will provide access to a pier and dock proposed to be
constructed by the applicant. All excavation is proposed to a depth of 4 feet
below the existing lake bottom.

The area of the proposed excavation lies within an existing impoundment
(lake) of an upper coastal plain riverine system. Although the proposed work
will occur entirely within unvegetated portions of the lake, the shoreline
adjacent to the proposed project can be described as a lacustrine fringe
wetland vegetated by swamp tupelo (Nyssa sylvatica), bald cypress (Taxodium
distichum) and titi (Cyrilla racemiflora) in the shallow water, with
herbaceous species such as cattails (Typha latifolia), woolgrass (Scirpus
cyperinus) and sedges (Carex spp.) dominating the slightly deeper water and
the isolated wetland island.

The purpose of the work is to provide recreational boating access to 2
residential lots. Plans showing the work are included with this public
notice.

The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required state authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.

-2-

Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.

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 site 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.

-3-

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 Department of the Army (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 Department of
the Army (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.

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), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before May 10, 1996, Attention:
Mr. John Dorney.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
May 17, 1996, or telephone [phone], Extension 24.

c- " r\
,- 1-- \,A....t:" \.Jo....\Ks
(~,~~ ,I~

,
I

!
~'

--

-'

v #:~~Ug.l9

"'€~Bg 9LB 6LS

Lv:9L

9S-gL-1T I

,.

O~/O~/OO 14:54 rAl
~~~~I""'. ~ \ ~ ~~~ Cl,,1,. {\o,
- :!",'''' ,. '

IA.Y1t!ltl.. J ~,~~,
I '

~(j2

.--.----.--

i~,' ,;)
(', '
I '~. .
[:
~~..~ Ii-.

m (lAJ.~ ~:~ ~il-r~

I ~
\,r-.,. ,~
I "L
". II
, '=I.

","'",'
t "tl....,"
,:' It....~:.;
..,~ i :,.'; ..7

~~.......D
(\01
. 1.:.,)'>
~
\

~

,
1
I

~-T-- \

: ~"!'~ 1.41f ~

,
,
j,
.;F. ' ,

. .t,...' \
'~'~:;;:i"
......1 '
: . .>~. ;.'

I ~ \,,'
. :-\ ~'I :
. ~l: ,,"
!' ...
:.b

,
,

'., \
. \
'.\

: \
,--;..;

\
\
6(~..+ c...J~'W- \

' "li>ll' +~......., --:~1'ItI '

6,t'1'.~
I , "
.IA'~(J('~ 50 toJ,~

I, '\
'. · hfl"'X. t' · 0&4 c>'

· ,(,,:---. 7(.<' i._'j _,

'~_~,b.~~~
'Ii, ",U \.c~ :~" -::~ ~~'o\L
I . "\. ()..('6.~
I E:.."', ( ~(...-..1 ~\.C1"'C'
isJl~ Or' '", I-.l~ ""-. 1
"'. " ' '-..;.,,1i ~
. . ~,~ ': I
I

" ,/1
/1'

r-:-- -.-----

\ ~",tl0, ~,,:; J \'\'1 l:,

~ Cl.,,1:v..e..,'"i ~-.H(.,.

~koj-' c.c-\~~-
','~~'~
:,;':~v:.*"~",, ~ct
P;U.u)t.. ':l~t.:"" ~
. ,

~:o..l:t' i.. "Ju-..
r-h.~ ~~, ~ ~ ~

~ ",oj~"

,,!#,
- "',.;"
~~

9 .~ 1l~U'J9 '6e~-3:>~Sn ...~~SS 9L9 6 L 6

€'l:9L 96-SL-1r

~O!J~s,r !Jo~6u!~I!M:A9 .~:>~

.~

;"

III O~

;

ZA. ~('~o. ~ fr~d. e)(.cG1.~~i.;)~

i,:". we+ \G\~ ~ ~ Vi
"1,""" , \/
rOo "L
,k/; -,", ~ I 0. ~0'

f"~ ~'-
{:,,\, .~
I
-j:, "
1 r::,,'
;t. :, '
,:'M:~':: '
~,,',~:,' ,
: fi. ~
f'

I '
, '
,
I
I
h
r.

II
-~

'it

, ,
.,"l'

,j>
~
,,;

; ~;:-: 'I
.......
", .-;,.
. ..
i~ '
", ,','
. \.
. .--
, ..
t:'
.~..r
:, ~~b

9 #:~:lUe..le '6a~-3n~Sn ...€~eg 9LB 6L6

€t:9L 96-SL-1T

~:lIJ~S':C uo~3u'~I'M:A8 ^nH

MEMORANDUM.' PRINT NAMES: c: . ~

TO ,TOliN DORNEY ~~V~~;~~: ~ ~ Vfl
ENVIRONMENTAL SCIENCES BRANCH - DATE: (l (" -f;.r-

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***

PERMIT YR: 96 PERMIT NO: 0000385
APPLICANT NAME: BARBARA TAYLOR
PROJECT TYPE: DREDGING
COE_H: 199602125
RCD FROM CDA: COE
- -
REG OFFICE: RRO

COUNTY: JOHNSTON

PERMIT TYPE: IND.
DOT II:
DATE_FRM_CDA: 04/23/96

RIVER_AND_SUB_BASIN_II: 030404

STR INDEX NO: 27-45-(12)

COMMENTS:

STREAM CLASS: B
Wl._I~PACT?' yB WL_TYPE, IJ lit-
WL_REQUESTED: l; IA WL_ACR_EST?: Y @
WL_SCORE(II): ~t1~ WATER IMPACTED BY FILL?:~/N
MITIGATION?: YV MITIGATION_TYPE: f\vfA
MITIGATION_SIZE: ~~ DID YOU REQUEST MORE INFO?: Y/~
IS WETLAND RATING SHEET ATTACHED?: y/ii)
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLI~ANT?: Y~
RECOMMENDATION (Circle One): ISSUE SSUE/COND ENY
T~
i

G
Fl :) u rE? l ) .

cc: Regional Office
Central Files

DEPAR'IMENT OF THE ARMY
W~1mington Distr~ct, Corps of Engineers
Post Office Box 1890
Wi1mington, North Carolina 28402-1890

Action ro No. 199602125

April 18, 1996

PUBLIC NOTICE

BARBARA TAYLOR, 1160 Country Club Drive, Smithfield, North Carolina 27577
has applied for a Department of the Army (DA) permit TO EXCAVATE 0.36 ACRE OF
JURISDICTIONAL WATERS OF THE UNITED STATES ADJACENT TO BLACK CREEK (HOLTS
LAKE) FOR RECREATIONAL BOATING ACCESS FOR 2 RESIDENTIAL LOTS, LOCATED ON THE
SOUTH SIDE OF COUNTRY CLUB ROAD, south of Smithfield, in Johnston County,
North Carolina.

The following description of the work is taken from data provided by the
applicant and from observations made during a slte visit by a representative
of the Corps of Engineers. Plans submitted with the application show that
2633 cubic yards (total) of earthen material w~ll be excavated from 0.36 acre
of jurisdictional waters of the United States to construct boating access for
2 existing residences. The excavated material will be removed from the site
and retained on suitable high ground site. No Jurisdictional wetlands are
proposed to be impacted by this project.

The d=edging activities located at 1262 Country Club Drive will involve
the excava~ion of a 60.S-foot by 50-foot turning basin and a 25-foot wide by
50-foot long access channel to provide better access to an existing dock and
pier. Activities proposed at 1160 Country Club Road, will involve the
excavation of a 450-foot long by 30-foot wide boat channel constructed in a U-
shaped fashion around an isolated wetland island dominated by herbaceous plant
species. This channel will provide access to a pier and dock proposed to be
constructed by the applicant. All excavation is proposed to a depth of 4 feet
below the existing lake bottom.

The area of the proposed excavation lies within an existing impoundment
(lake) of an Upper coastal plain riverine syste~. Although the proposed work
will occur entirely within unvegetated portions of the lake, the shoreline
adjacent to the proposed project can be described as a lacustrine fringe
wetland vegetated by swamp tupelo (Nyssa sylvatica), bald cypress (Taxodium
distichum) and titi (Cyrilla racemiflora) in the shallow water, with
herbaceous species such as cattails (Typha latifolia), woolgrass (Scirpus
cyperinus) and sedges (Carex spp.) dominating the slightly deeper water and
the isolated wetland island.

The pU~ose of the work is to provide recreational boating access to 2
residential lots. Plans showing the work are included with this public
notice.

The State of North Carolina will review this public notice to determine
the need fo= the applicant to obtain any required State authorization. No
Department cf the Army (DA) permit will be issued until the coordinated State
viewpoint or. the proposal has been received and eviewed by this agency, nor
will a DA permit be issued until the North Carol na Division of Environmental
Management (NCDEM) has determined the applicabil ty of a Water Quality
Certificate as required by PL 92-500.

\

\~
\,
" \
\
\.

\
~
\

-2-

Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commenc~~ent of such maintenance work.
All maintenance would be performed in accordance with Federal, state, and
local permits and regulations governing such activities at the time the
maintenance is undertaken,

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 p~esence or absence of registered
properties, or properties listed as being elig~ble for inclusion therein, and
this site is *not registered property or prope~ty 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 suct resources. Presently, unknown
archeological, scientific, prehistorical, or h~storical 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 wi~l be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest, ~valuation of the probable
impacts which the proposed activity may have o~ the public interest requires a
careful weighing of all those factors which be~ome relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonab~y foreseeable detriments. The
decision whether to authorize a proposal, and ~f 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 importa~t 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.

-3-

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 Department of the Army (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 Department of
the Army (DA) permit serves as application to the NCDEM for certification.

Additional information regarding the Clean Water Act certification may be
reviewed a~ the offices of the Environmental operations section, North
Carolina Dlvision of Environmental Management (NCDEM), salisbury street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished ~o any person requesting copies upon payment of reproduction costs.

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), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before May 10, 1996, Attention:
Mr. John Dorney.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
May 17, 1996, or telephone [phone], Extension 24.

v #:U:lue.Jg

--€ZS9 9LS 6lS

f,~ \^''" '<~)<)...."'s
(~.u-'o .I~

',f\~<,~~ ;):~.\~C\\O

~'J Q>-'C~ ~ " c.. _ "\. (3.,\ \c,t"
(~~^\. f"'~ \. \.'
........ ,--~;,::""~,,-,,~,,...

\

~,\.....e..<'~~\or-
, ,
,
c\;; ~ !
I ,

"

I
1"""

...

( uo~6u~~I~M:^g ^~~

oa/OS/OO 1~:54 rA1
~+J-5~I~"', ~ 'l ~ ~~~ Cl..\' (,'0,

-,.l,'........, y

IA.yJOtL J ~!~~
t 1

~02

'--T- --

"".:,..

~:>,;):
f' ,
, '
:~. .

i'
')"', " ' \,..c,.
.;~~~ ,~

'O"lfli QALt>.L &l ';a.:..n-~ ~ilV"~
!i.AU1 : \) ',{ ~ I[~ ~_. . :

~...~D
('iJ
.I.:.,lt;.
~
\

~

~
! ,~
r',.t

I
! !
i I
~-T-- \

: (hll!~ \;/Ji!' -61fI'\

',"'",'
..:: tit~'=1~;
:'.~ ;:); ~. ~
i
, ,
j, ,
. :tr,:: .
'Of " ' ,

It~t

I 'l:~'
:.il

6(i~lt- c.,.J~'Col\'

, "IUIl; +~'"'..., __~~

~.t"r.~
i , .
~ r"'~(J ('(;r~ :. 0 to.). ~

\
\
\
t::. 7:": ::~ " \

,~_~;b.~~~
, . v \.c,~ :~, -::~ c:..-.'o\.L
- ""l 0-~6.~
e..1(_(~-.l~:'CN'

~ ",oj~"

, ,. n...
" . ' (\"'...
.;~

~~

I, i.sH~ cr'~'~~~ !
it ~"'~" :,;' ' . ' .fi If
. :'0 '

~~t\

o f-.~I~
o ' \,.<e(.-
o c,i~~S$
o 0 ,
0,0 ).&
Of() 0 '
o

" .../1
./ !'
~ I
i
I
I
I

--.--

\F,:~, ~,,5 \"q~
'Eo.J./11/..v..,'" ~...er'-
~X:l].:t. c.c-,~~-
'.~\'~
:~.~~~,~"" ~cr
'('.tw)l.. ':l~I.:,--~
l~:QL+ i,.-,Ju..-
f-k~ ~~, ~ "'-~

9 #:~~ueJg '6a~-3~~Sn ....€Z8S 91,8 6lB

€V:9l 96-Sl-17

~:)!J~S,r 'JO~5;n ~ I ~M:Ag ,1\~~

~
-=--

l

;"

jl.

~

r"
"
'~I; ,'.,
':r:' . \~
'f-: \
f ,RI):
I '
r

't.:. .:.
ll,<
';~ ..
,t" .
;[;1'"
.~ l I
,Ih'f~\'" .
::l~',~:,' ,
'[i.:'

r

,
, '
:
,
!
h
r
I" ,

-J1
~
"..

. _ ......._ .I~""\1 ...^\.Jl"'"",,

...",oc QUI ~lfl

€v:9l

98-;~-1T

~~1.J~S':( UO~3U1!11M:^g MH

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P,O, BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890

,~
I:~

REPlY TO
ATTENTION OF

ADr=-l 17, 1996

Regulatory Branch

Action ID. 199602125

",1~~

Mr. John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina

Management
of

27626-0535

Dear Mr. Dorney:

Enclosed is the application of Ms. Barbara Taylor for
Department of the Army authorization and a State Water Quality
Certification to impact 0.36 acre of jurisdictional waters of the
United states located below the headwaters of Black Creek (Holts
Lake) to construct boating access channels for two existing
residences located off Country Club Drive, south of Smithfield,
in Johnston 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 quallty 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
June 17, 1996, the District Engineer will deem that waiver has
occurred.

Pnnted on * Recyeted Paper

-2-

Questions or comments may be addressed to Mrs. Jean B.
Manuele, Raleigh Field Office, telephone [phone],
Extension 24.

Sincerely,

S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office

Enclosure

~opy 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

I,

DEPAR'l'MENT OF TIll: ARMY
WiLmdngton District, Corps of Engineers
Post Office Box 1890
WiLmdngton, North Carolina 28402-1890

RECEIVED
APR 2 2
E~ 1996
IRoNMENT.
... . , ~~ {SCIENCES

~

Action 10 No. 199602125

April 18, 1996

PUBLIC NOTICE

BARBARA TAYLOR, 1160 Country Club Drive, Smithfield, North Carolina 27577
has applied for a Department of the Army (DA) permit TO EXCAVATE 0.36 ACRE OF
JURISDICTIONAL WATERS OF THE UNITED STATES ADJACENT TO BLACK CREEK (HOLTS
LAKE) FOR RECREATIONAL BOATING ACCESS FOR 2 RESIDENTIAL LOTS, LOCATED ON THE
SOUTH SIDE OF COUNTRY CLUB ROAD, south of smithfield, in Johnston county,
North Carolina.

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 that
2633 cubic yards (total) of earthen material will be excavated from 0.36 acre
of jurisdictional waters of the United States to construct boating access for
2 existing residences. The excavated material will be removed from the site
and retained on suitable high ground site. No jurisdictional wetlands are
proposed to be impacted by this project.

The dredging activities located at 1262 Country Club Drive will involve
the excavation of a 60.s-foot by 50-foot turning basin and a 2s-foot wide by
50-foot long access channel to provide better access to an existing dock and
pier. Activities proposed at 1160 Country Club Road will involve the
excavation of a 4s0-foot long by 30-foot wide boat channel constructed in a U-
shaped fashion around an isolated wetland island dominated by herbaceous plant
species. This channel will provide access to a pier and dock proposed to be
constructed by the applicant. All excavation is proposed to a depth of 4 feet
below the existing lake bottom.

The area of the proposed excavation lies within an existing impoundment
(lake) of an upper coastal plain riverine system. Although the proposed work
will occur entirely within unvegetated portions of the lake, the shoreline
adjacent to the proposed project can be described as a lacustrine fringe
wetland vegetated by swamp tupelo (Nyssa sylvatica), bald cypress (Taxodium
distichum) and titi (cyrilla racemiflora) in the shallow water, with
herbaceous species such as cattails (Typha latifolia), woolgrass (Scirpus
cyperinus) and sedges \Carex spp.) dominating the slightly deeper water and
the isolated wetland island.

The purpose of the work is to provide recreational boating access to 2
residential lots. Plans showing the work are included with this public
notice.

The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.

~

-2-

Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.

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 site 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.

~

-3-

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 Department of the Army (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 Department of
the Army (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.

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), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before May 10, 1996, Attention:
Mr. John Dorney,

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
May 17, 1996, or telephone [phone], Extension 24.

", .. :, ""
"1. -,1,"' '1\",
J" \ /. ..... .

V #~~~U,.lg

Ii

.

VI~ \.^-\" C:~)()..",s
(~.'--'-.O .' ~

'J\~~~~ ;).:~)\~C\\o

.
"

I :
r-.

...

-'

~€~B9 91..B 8Le

Lv: 9 L

\

~.fT.~
I "
.. ~t'(.lrCl';( 5C>' ["',~

· ~ ~?f'IlX, t' ; 014 c; "

· ~~...... 7",- /..~ ..' \

, ~_ ~~;b . ~$~~
'II, . ,I) \.c'~~>I~~~......'ok.
I - "\ ~('~~
i E:..1, u........ ~.,C1"'C'
I. iSH.-,s t)r'~' ~~ '""', :
t ~ ":, , ' . . '.ft ~
, :,0 ;:'::, i

fIJ~'
.J./Q~' b.> ' " ')
~ 0 ~~) '\',1
o 0 f;.:,:1 , ~(" ~
o c.i~~~
o 0. ,
0,0 ).&
0'0 Q ,
9

"

OP/O$/OO 14:64 FA!
~~-;;~II'I~ ~.) )'~ ~~l..t ~",* (\0,

-,!,",

\A.YItJt1. J ~!~!!',
I :

;: ':,~ ',Of
1;.",.;1
[' ,
'" .
..
l
,\', , \...t,.
.t~~~~ ,~

,

vm C1Al~ ~'~ ~ll~'~

~....~.
~
, 1.:.,1';>
~
\

-4

l '. It ~. . " '
, :' i~~,~':1.~;
:'.~ ;:); . ,7

I
. '
..~ .
'f'
..', I

"'~t:,;,:, i.::'
: ::~r:'I;.:

~ \,,'
I' :-\ ;.:~,:
. ~ I: ,,"
{' ".
.: . i ~

Of"'

~ ",w~"

- ..,~
'('J-~ .;

,/
~/',

9 #~ ~:lU'.Ig '6e~-3~\lSn l-~Z~; 9LB 6 LB

€V:9L 96-;L-1r

~02

I ~
I ~
'jf-"'" '''t
\ ""j

~-T-- \

! C:alt!;~ \;IJt' ~

, ~~,:~~:-;~~~ \qq l,

E CI...1:v..a..,"" ~...Ij('-
~kr7j-. c.c-\~~-
, '~I'~'~
:,)..JM~"~,, ~ct
't J,Ww.. ':~~t.~ ~
IH;Q..l:t (,.cJu...
r-~~ a, &Q~~

~:l!.I~sr 'Jo~6u!~I!M:A9 ,"~~

~
\

:"

~O~
11"1.1 ;"t''U' ~:z...!.w~,,-
i
\V I \ __.J/
- ' t,C-
~~~'O\~,!,.<L ,ill

'L \1" \ \1
_._LJi -~'---~..-:~\~

-~ ~ -""~, \ \t
-:~~: . ~",
, ~~i~'\,,-. '
, ~.(;".t :i:~::~!&~: ~

, I -;f!.. I~'~.~ Z>L;r:,
- / '~ -;. :'2'\ ~.,/..
'd--'!"'~ ----- - I...y I l ~ ..
,'/' . -.....~~:~* ~~:~ ~?'::~
.,v ,~~.. -/'~~,>
Ir I ~,~ l..~ ~..
'I ~~i"~~ : ,--\(~c~~:~:
i~~..,J~ . ,.- -.... '1- ,.. '\ <L ~~~~
~~';;; \,-4"~'< .
~\5o r-'~I -;\')<...,l
. I ~.,~
, I )'.,,-'
. , ?:,.~
I / ,~(
I . I' , ......j ;>
I /">!:
., ' 'Vi,' y~~.. ,,/
" . ~
- ;' ....
'__ ... -:r- ~ -- , .I
~.. .,;J ~.. AlO V/!4~~"CTr"\ ><c.......:<).
9v-\'O ..-.c'....:- ....,...!11' ' .;; ~ .....lot~ 7
~ -..,"".. k'
-:;,r . ;,.--.: ......::.1."-1--
"'-- . i \ ---.,.
,..: ~CI) <<t4" (;. -\-\('I~' ~/' &. ~
t;.,; fQ ---.J t)e'c~ W~~ !l~l~t -""'" /..... ~s.li'1
" 0 e..- ,,/\V. I -'C~ ...... ~
~(,oo ./.\;.1 I - I-
V ~' ~ ~ i ~47":
" i ~ ~
~.c.' L.\5C? ~ c.l>>rneJ ~h:) "11-

.A\>tt'l1 'i:!>t)" ~A~ ~~\...~,w&t 1IJ~~,\l,
, 'I
I
I' ,.-'. I
A.". ~ _ ~ t!. 't.O; 1 .
{T ="'\.',1..', '
'a~DO ::L'o\C ~Io.."..~~ ",:~~

1,"L'(.("c::\-'A<:>-\.: ~ ,~hc:....'e C'.,.O....\.
!
I

,

~ a.('~o.. 0+ fr~d e~'t~~i.,;)f'\
~;,. We.+ ~C\~ ~ j..- .:t
-,,' 1-
~. . .
,,,
,,~Ii: . ',c; ~ I o.~0'
':,f: ,F\SL ~ ,-
~ .~.
,:.' , ~~
I
'I'
,1 :
" "
h.
,:~": '
~f::' .
'~" ,
I~!.~~):>: :
:li:" ,
r'

I '
, '
:
,
,

'ii.

h
r.

,p
(0
".

',",'

, ..,
.' ...
. ': r:,C
;. . I
:' ':: :
~:',.. . I
", ,;"
, ,.
i: ' I

~:,
.t
:, r~b

S #~ ~:)U;.l9 '6e~-3Q\fSn ...€?,SS 9LS 6 L6

€t':9L 96-SL-1r

~:q.J~S':( uo~3uPllM:A9 M~