19951269 Ver 1_COMPLETE FILE_19960403

State of North Carolina
Department of Environment,
Health and Natural Resources / ® •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID FE FA PsJ
A. Preston Howard, Jr., P.E., Director
March 18, 1996
Mr. Stephen C. Holland
8315 Highway 53 East
Burgaw, NC 28425
Dear Mr. Holland,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed impoundment improvement
Project #951269, COE #199602514
Pender County
Attached hereto is a copy of Certificaion No. 3057 issued to Stephen I lolland dated 7
December 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
II ;
. Isr -ston Howard, Jr. Y.:.
Attachments
951269. wqc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/l0" o post consumer paper
•
NORTH CAROLINA
Pender 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 Noah Carolina Division
of Environmental Management Regulations in 15 NCAC 211, Section .0500 to Stephen I lolland
resulting in 2.9 acres of wetland impact in Pender County pursuant to an application filed on the
7th day of December of 1995 to create an impoundment by raising and maintaining the water
level in an existing flooded site.
The Application provides adequate assurance that the discharge of fill nuiterial into the waters
of Holly Shelter Creek in conjunction with the proposed development in Pender County will not
result in a violation of applicable Water Quality Standards and discharge guidelines. 't'herefore,
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 I'L 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 ill
turbidity outside the area of construction or construction related disch;u'ge (50
NTUs in streams and rivers not designated as trout water's by DE M; 25 N Us in
all saltwater classes, and all lakes and reservoirs; 10 NI'Us in trout waters).
Violations of any condition herein set forth shall result in revocation of this Certitication.
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 Dui 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 15013 of the North Carolina General
Statutes and filed with the Office of Administrative I learings, 111.0. 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 18th day of March, 1996
DIVISION OF ENVIRONMENTAL MANAGEMI-7NT
reston I Ioward, Jr. P.:.
WQC #3057
MEMBlCANDUM PRINT NAMES:
Reviewer: $v^'
TO: JOHN DORNEY WQ SUPV.: n?5
ENVIRONMENTAL SCIENCES BRANCH DATE:b
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) PERMIT YR: 96 PERMIT NO((000069 COUNTY: PENDER
APPLICANT NAME: STEPHEN HOLLAND
PROJECT TYPE: POND CONSTRUCTION PERMIT TYPE: IND.
COE #: DOT #:
RCD_FROM _CDA: DATE_FRM_CDA: 01/24/96
REG OFFICE: WIRO
RIVER_AND_SUB_BASIN J: 030623
STREAM-CLASS: CC Sw
WL_IMPACT? : N
WL_REQUESTED: ?1 r l?tc? ?'?Or ???
WL SCORE M : I'l
MITIGATION?: Y/(DTI
MITIGATION-SIZE:
STR_INDEX_NO: 18- 74-33 A ?
? m
o C)
L
Z, p. Q

WL
TYPE :
PO L v
?.
WL_ACR _EST?: ON
WATER IMPACTED BY FILL?:
MITIGATION TYPE: N14-
DID YOU REQUEST MORE INFO?: Y/?
IS WETLAND RATING SHEET ATTACHED?:&IN
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?
RECOMMENDATION (Circle One): ISSUE?ISSUE/COND DENY
C
Y/N
/Y
CC: Regional Office
Central Files
Fourth: Version
WETLAND RATING WORKSHEET
" 11 --11 1 r,
Project name Sll/e?140- d. fecoc, 7 Nearest road ive Y s-3
County ,&2ieQ2 Wetland area acres Wetland width s 0 ° feet
Name of evaluator (%416,21,- Date-

Wetland location Adjacent` land use
- (within 1/Z mile. upstream, upslope,
? on pond or lake or radius)
on perennial stream
I
? on internlittant Cream forested/natural vegetation %o
?
„

? ?? thin >nterstream divide
?-aariculture urbarilsubulban
. :
- ? other ? impervious surface =ao
Dom,narit " vegetatho :
"Soil series'"

? p"redominantly organic `.°humus,
muck; or peat '1.
p
d
= ? (3)
-
re
ominantly mineral
non-saridy
? predominaritiy; sandy' 1 ' Flooding ; and wetness

t
r

? semlpermane'ntly permanently .
Hydraulic factors flooded or Inundated
seasonally flooded or inundated
s "yep topography ; " ? inermittantGy faoded or 'temporary
itched or charlneGzed surface water,
total wetiand^ridth '>7OO feet L] no evic{ence.of flooding' or,surface

Wetland type (select one)* water ._ " ... _ _ ..

C3 Bottomland hardwood forest ? Pine savanna
CJ Headwater forest El Freshwater marsh
C3 Swamp forest ED Bog/fen
? Wet flat El Ephemeral %%etland
,9Poccsin ED Carolina Bay '
? Boa forest E] Other
*The rating svstem cannot be applied to salt or brackish marshes or stream channels
' weight
;
' Water storage x 4.00 - '

Q Bank/Shore!ine stabilization 0
x 4.00 = Wetland Score
' Pollutant removal x 5.00 '
Wildlife habitat _ x 2.00 =
Aquatic life value x 4.00 =
U ?l
Recreation/Education ?
x 1.00
* Add 1 point if in sensitive watershed and > 10% nonpoi nt disturbance within 1/2 mile upstream, upslope, or radius

57

FF8 0 1
DIVISION OF ENVIRONMENTAL MANAGEMENT -"-"'"""'""--
January 30, 1996 ,
MEMORANDUM L%
TO: Dave Adkins
Wilmington Regional Office
FROM: John DomeyJ?u>'//
C?
RE: 401 Certification Review
Please review the enclosed 401 Certification applications by February 17, 1996. Please call me if you
or your staff have any questions, or need assistance in these reviews.
PLEASE COMPLETE; THE NEW STAFF REPORT AND RECOMMENDATION FORM
1. Stephen Holland
# 960069
Pender County
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosure

REPLY TO
ATTENTION OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 18, 1996
y60U69
50'
Action ID No. 199602514
,144 1,?
F Fo
Mr. Jhn Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the public notice for Stephen C. Holland requesting
Department of the Army authorization and a State Water Quality Certification
to create an impoundment by raising and maintaining the water level in an
existing flooded wetland. The impoundment will result in the flooding of 2.65
acres of wetlands. An existing high ground ridge will be enhanced by the
construction of an earthen berm. All material used in the construction of the
berm will be filled by the berm construction. An existing culvert will be
replaced by a water control structure with riser boards. Mechanized land
clearing will take place only on high ground. This site has been previously
manipulated to serve its an impoundment. The applicant's proposed work is for
the purpose of enhancing the site, making the impoundment's berm and water
levels manageable, and improving wildlife habitat. 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 60 days from the date of this letter, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to myself, Wilmington Field
office, Regulatory Branch, telephone [phone].
Sincerely,

Marta Jean Boris
Project Manager
Enclosure
Printed on ® Recycled Paper
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199602514
December 7, 1995
PUBLIC NOTICE
MR. STEPHEN C. HOLLAND, 8315 HIGHWAY 53 EAST, BURGAW, NORTH CAROLINA,
28425, has applied for a Department of the Army (DA) permit to UPGRADE AND
IMPROVE AN IMPOUNDMENT, RESULTING IN IMPACTS TO APPROXIMATELY 2.9 ACRES OF
WETLANDS ADJACENT TO HOLLY SHELTER CREEK, OFF N. C. HIGHWAY 53, ABOUT 3.1
MILES SOUTHWEST OF THE N. C. HIGHWAY 50 JUNCTION, NEAR MAPLE HILL, Pender
County, North Carolina.
The following description or 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 the
applicant proposes to create an impoundment by raising and maintaining the
water level in an existing flooded wetland. The impoundment will result in
the flooding of 2.65 acre of wetlands. An existing high ground ridge will be
enhanced by the construction of an earthen berm. All material used in the
construction of the berm will be from a high ground source. Between 0.2 and
0.25 acre of wetlands will be filled by the berm construction. An existing
culvert will be replaced by a water control structure with riser boards.
Mechanized land clearing will take place only on high ground. This site has
been previously maniptflated to serve as an impoundment. The applicant's
proposed work is for the purpose of enhancing the site, making the
impoundment's berm and water levels manageable, and improving wildlife
habitat. Plans showing the 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 (CAMA) 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 Department of the Army (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 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.
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.
l

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
Section401 ofDthe Cleans tication re WaerlAct.orThelNCDEMtconsidersfwhether orgnotethey
Section 4
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 certificaotion may be
reviewed at the offices of the Environmental Operations Section, ), Sali Carolina Division of NorthlCa Management Carolina. CopiesMof suchsma erialsewill be
Archdale Building, Raleg of reproduction costs.
furnished to any person requesting copies upon payment P
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered toOthe North 27687,
Carolina Division of Environmental Management (NCDEM), Posfice Box Raleigh, North Carolina 27611-7687, on December 29, 1995, Attenticn:
Mr. John Dorney.
Written comments pertinent to the proposed work, as
be received in this elechonet(910)0251-4611Marta Boris,
January 5, 1996, t P
outlined above, will.
until 4:15 p.m.,
3

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
January 18, 1996
C16006-q
5W
o.
NO?ID AM 11
Regulatory Branch
Action ID No. 199602514 RFCF??F
F ?qN ?? o
"v'R?N,I?NTq? s 1y96
Mr. John Dorney C/FNC?S
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the public notice for Stephen C. Holland requesting
Department of the Army authorization and a State Water Quality Certification
to create an impoundment by raising and maintaining the water level in an
existing flooded wetland. The impoundment will result in the flooding of 2.65
acres of wetlands. An existing high ground ridge will be enhanced by the
construction of an earthen berm. All material used in the construction of the
berm will be filled by the berm construction. An existing culvert will be
replaced by a water control structure with riser boards. Mechanized land
clearing will take place only on high ground. This site has been previously
manipulated to serve as an impoundment. The applicant's proposed work is for
the purpose of enhancing the site, making the impoundment's berm and water
levels manageable, and improving wildlife habitat. 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 60 days from the date of this letter, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to myself, Wilmington Field
office, Regulatory Branch, telephone [phone].
Sincerely,

Marta Jean Boris
Project Manager
Enclosure
Printed on 0 Recycled Paper
-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
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199602514
December 7, 1995
PUBLIC NOTICE
MR. STEPHEN C. HOLLAND, 8315 HIGHWAY 53 EAST, BURGAW, NORTH CAROLINA,
28425, has applied for a Department of the Army (DA) permit to UPGRADE AND
IMPROVE AN IMPOUNDMENT, RESULTING IN IMPACTS TO APPROXIMATELY 2.9 ACRES OF
WETLANDS ADJACENT TO HOLLY SHELTER CREEK, OFF N. C. HIGHWAY 53, ABOUT 3.1
MILES SOUTHWEST OF THE N. C. HIGHWAY 50 JUNCTION, NEAR MAPLE HILL, Pender
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 the
applicant proposes to create an impoundment by raising and maintaining the
water level in an existing flooded wetland. The impoundment will result in
the flooding of 2.65 acre of wetlands. An existing high ground ridge will be
enhanced by the construction of an earthen berm. All material used in the
construction of the berm will be from a high ground source. Between 0.2 and
0.25 acre of wetlands will. be filled by the berm construction. An existing
culvert will be replaced by a water control structure with riser boards.
Mechanized land clearing will take place only on high ground. This site has
been previously manipulated to serve as an impoundment. The applicant's
proposed work is for the purpose of enhancing the site, making the
impoundment's berm and water levels manageable, and improving wildlife
habitat. Plans showing the 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 Department of the Army (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 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.
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 NCDEM) imade ssues,tdenies,NortwaiveslStatelcertificationlrequiredlby
Management
Section 401 of the Clean Water Act. The NCDEM considehande307rofothe the
proposed activity will comply with Sections 301, 302, 306,
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, Street,
Carolina Division of Environmental Management (NCDEM), Salisbury
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 toOthe North 27687,
Carolina Division of Environmental Management (NCDEM), Post ce Box Raleigh, North Carolina 27611-7687, on December 29, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will.
be received in this office, Attention: Ms. Marta Boris, until 4:15 p.m.,
January 5, 1996, or telephone [phone].
3

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