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HomeMy WebLinkAbout19880075 Ver 1_COMPLETE FILE_19880101I IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC088-N-028-0134 Mr. Thomas M. Fearing and Ms. Marcia P. Fearing Post Office Box 982 Manteo, North Carolina 27954 Dear Mr. and Ms. Fearing: 9' f ? I Reference your application for a Department of the Army permit to place riprap material on Croatan Sound, Croatan Orchard, Manns Harbor, Dare County, North Carolina. Your proposal has been reviewed and found to be conlsistent with the provisions and objectives of general permit No,. SAWC080- N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 April 13, 1988 Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Mr. William Mills Water Quality Section J Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 ?r p•'-:%NO/.c?IYLS.,FtgG -SFT6Y-::. u • 5 • h.QMy C. o. d. _ /NO/CATrS .1 RICA OP PROA'lSEO PGrtCE/rtevvr Q° JT6A/E R/P-R.7P -C R 0 ?1 Tyr N EX/f TiNG ?_ ~- . , yVD10lN ?- _ _-_ BVLCM Ei1P ?/ -RAP -rH ep rr s vwca9,, COA.C Mrv. TiF Lo•T 7 ^ CROATAN ? ORCRARO 5?sa. W r Z'3 kCV/N bA?M ? ? O rORV , R ?r R , R /A NO "/` M'hC 4'N G . .M .4AN? / , ? . Go„c, MW. Ls j2.w)' i CRowr.?„ SITE . a ? .i ;•1 d ? CROn yM ?. wA no, HAR % LAMNN f .7 -SOUND C erK MIN S? L.T 4 •, CROATAn/ OR CNTtc ` S?9o, '? ALLY/ H?t7on ' x NALS HCAO, N<• I fpr!. M? ?- 'o, All- 7- YP/CqL X- SKT/oN PRaltttEV STdNE 17.o"c?cV. ?'ATuPA? R/P- RA. 64avNO ??j?- ck/f TA'Ni avtc NE/W f ? o LtVE1 _- E if I/NC, S7ayF .f,VO ? ?ale?ErF vFRav RAY MEFK1 1S L.;tr.rl `, ,?r r , wL ho. 0033 W r . t?J' + RGAT cK IROPOSEp R/p-RAP RLACFM,irr FOR ??Q?1 as M , FEfa R /N G MAAWj !l A,(6aR C/1 on TA,.Y Tdwti•f?P OHRC COU'Ty - /VORTN ChROL/•v^ SVRYEYA'a ?'Nd PLUM 77E'4 9- 2 7- Y 7 L?Y n?ANSM/ "+y MGF? of R.[.5. V-2571 Permit Class New STATE OF NORTH CAROLINA Department of Natural Community Development z. ??i.i`j A 27. ??? F cap A`y_.. 01 Con -to.?? 1PH: „? ' Q Excavationzr 16r ` jrt&p4s?atft to NCGS 113-229 a Permit Number 62-88 issued to Thomas M. & Marcia P. Fearing, P. 0. Box 982, Manteo, NC 27954 authorizing development in Dare County at Croatan Sound, at Manns Harbor off of SR 1107 as requested in the permittee's application dated 12/15/87 including attached revised plat This permit, issued on S U v , is subject to compliance with the application (where consistent with the permit), all applicable re ulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) A11 riprap .material will be placed and retained landward of the alignment of the deteriorated bulkhead. (2) No vegetated wetlands will be filled. (3) The riprap material will be clean and free of any pollutants, except in trace quantities. t Metal products, organic materials, or unsightly debris will not be used. (4) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction-related discharge (increases of 25 NTUs or less are not considered significant). NOTE: The proposed project is certified under General Water Quality Certification No. 1664 issued on September 8, 1983, for Rip-Rap Placement. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel-when the project is inspected for compliance Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1991 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 February 11, 1988 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC088-N-028-0134 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources, and Community Development Post O:Efice Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: IV F r,) I 'R. q 5 i 1 ?? RI WA t i l 4't Gfl01 Reference the application of Mr. Thomas M. Fearing and Ms. Marcia P. Fearing for Department of the Army authorization to place riprap material on Croatan Sound, Croatan Orchard, Manns Harbor, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All riprap material will be placed and retained landward of the alignment of the deteriorated bulkhead. b. No vegetated wetlands will be filled. C. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. d. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch -2- Copies Furnished: Mr. William Mills J Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 ? -I DIVISION OF ENVIRONMENTAL MANAGEMENT ..WATER QUALITY SECTION j T Comments concernYng an application..for State Federal/9AMA Permit(s)/-from A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. \ This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions:: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. -Such action to process the certification has been initiated.. Proposed . Certification will be acted on or after l? The proposed project is certified. under General.Certification A) No. 1179 issued on January 25,; D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 1011. / No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. .C) No. 1273 issued on November-10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal. construction. areas. r WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT t.t :; :' ? , r' ? (? r°?? i:) F` ; (:; r", i`•f r°; ; • .<:? ?:? i I??; f::: ,,,? t; r''? i E:: ?; ?f , :;'.'.:> ,' i:? :? r s t::: (.I CI: J F s .li .t.? F I... D F? t:` r`s i?•f r`s ?'! ,;) 'i F" .O I ' CA .-I 4 ':Y D:t? E, F, :(., Ps T (.'I , F, E. F? :I: i"! (:.; . "(' L.I to i??f r"?.S' ' t'.: ('.? tJi?•t'r : T) t1 F? Ei:: ::: °Y .. (:) it ? .) r^?,`.> ::E(:'i?F:G -T' t) : W,.!i'•i Oft / ,.? CH.,NT i.tto.1.t'3:::: t! T `i' F' I::: C' E. I C' 1* 0 ill l ; E., C'.. C.) i°i Li E., t t C? I? !1 T' I::: Y'Y ' rM i i°i 1D z) <; C.) Al F, N :I: f l: t: E:;; I::: t? 0 ?i .: 'f (aitL..Y : r t; FI . 1) IN IT, INT. T T* AI 1:;, 1::' F, C) F, T?I°/t:;PfF%I 41_:C F, ;:iWF,F;F.Q IN Flo1...T) : F'] ?tFtL_ l:;'::F'C)I;vT? a 301 a" t::F*I 'T. IN , F. .. ,. , .. ' .M . (i 9 .T. N : PA S' . t:i1 !:° 'T MFs%iN9 Fl (IF";B(:) F' M. 'S'T' T' N G 6 r:a C f J a: "I" L I I...1:F= A M I... Fi ES'' F. D E:: Nis l:i: r^,1.... TO fl[)1) 6`5 l._ F' 0F' F"; :CI::' F;I' r"71...(:3itt; t tl1 :}: IM L.ir^?F (:1....t::E NT'Rrif._ M IL i._S ....T)(::M wASHIIVGTp ve FFIc&' MEMORANDUM AAA( 211988 TO: BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: January 19, 1988 Attached is an application by _THOMAS M. & MARCIA P. FEARING which was received by me on U5188 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. ? s MEMORANDUM ?ry,Y ,? q OFF?CS?'' 1' oo X449 TO: .. BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE MO FILL PERMIT DATE: January 19, 1988 Attached is an appl i cation by _ THOmAc g_ MggCI A P FEARING which was received by me on --.._1.454AR` I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. i tr• J OFFICE OF COASTAL MANAGEMENT Lat. 350 53' 36"11, ?, FIELD INVESTIGATION REPORT 1. Long. 750 45' .50, ??`4: Applicant's name TIIOP?gS M. & P7ARCIA P. FEARING v_ 2. Location of project site Manns Harbor Dare Count off S.R. 1107 in roa 00 - Orchard SubdiviS;r,n n P to ref. S _ 3. Investigation type: Dredge b Fill C M 4. ,Invests ation X g procedure: (Al Dates of site visit 1/14/gg (B) Was applicant present ?rer s , 5. Processin 1/5/88" g procedure. Application received Office Elizabeth City _ 6. Site description: (A) Local Land Use PTan Dare Count Land classification from community Development constraints identified in LUP none T. A. (B) AEC(s) involved: Ocean hazard Estuarine shorel `ne _A Coastal wetlands Public trust waters _g Estuarine waters Other (C) Water dependent: Yes X I40 Other (D) Intended use: Public Private X Commercial _ (E) Type of waste water treatment: Existing ?„j;? tank Planned -none --_- (E) Type'of structures: Existing house and sheds Planned none (G) Estimated annual rate of erosion., 2 ft, Source, applicant Habitat description: AREA (A) Vegetated wetlands: Ur-edged a th(,r (B) Non-vegetated wetlands: submerced_bottoh and estuarine shor lin below HHT (C) Ut er: 300 ft.2 (D) Total area disturbed: _ 1650 ft. .Project summary The applicant proposes to add ri-pran to- *-165 feet of -ehorplinp that is presently eroding in several locations h r PxiSting r,nrds_i??fac.ient and wooden bulkhead has deteriorated. THOMAS M. AND MARCIA P. FEARING BIO REPORT PAGE 2 SITE DESCRIPTION The applicants currently own a private residence located on Croatan Sound in Manns Harbor, N.C. The property is entirely highground covered by trees, yard grasses and 2'plots of S artina patens. Riprap stone and concrete are currently found landward of a failing wooden bulkhead located 0'-11' seaward of the land. Approximately 300:sq. ft. of land is located below the mean high tide mark at two locations where boards are missing from the bulkhead. These two holes are filled with some rocks and debris. The applicant proposes to slope the bank and cover the soil with filter cloth and riprap sloping down to end at the base of the existing wooden bulkhead. ANTICIPATED IMPACTS This project will cause the filling of approximately 300 square feet of shallow water habitat .landward.of the existing bulkhead. No coastal wetlands will. be impacted by this project. rAMA RFVTPW The project is consistent with the community classification in the Dare County LUP. Submitted by: Robert Abernethy Date: January 19, 1988 a Please type or print. Carefully describe all an- N0 5 -M i Des rite the plan use of the proje t. ticipated development activities, including co tru tion, excavation, filling, paving, land clearing, stormwater control. If the requested informatio not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8.9 must be completed for all projects. DOM • FCC 17-7- 77 7 7 7 1 APPLICANT a. Name T146M AS m . mlgpr A? r" puSU(?' Addres City I State Zip Day phone q/9-afo1 Landowner or Authorized agent b. Project name (if any c. If the applicant is not the landowner, also give the owner's name and address. PROJECT ,7? a. Streq address or secopdary road number b. City town, comm nity, or landmark T4 /0 RrqqX!Q S V 1 c. County d. Is proposed wor within1ty limit or planning jurisdiction? ES - /JAPF_ ?&W7y e. Name of body of wate nearest project )QUA?/D 3 DESCRIPTION AND PLANNED` USE O PROPOSED PROJECT r a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). _4tA i_Kf Ef h (DI- It P Q tZTIf OAQ 6RfVITF S-722A)E If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isti project, new work or both? o rp-_ rer d, jL,? I a- c. Will the project be for community, private, or corAm, ercial use? YVA7A) TE 7771,7 f 4 LAND AND WA's ER CI4ARACTETlt"ST .ICS a. Size of entire tract 41,0_15M 4P 4- b. Size of individual lot(s) Sra?n E c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 6,6 ';t- d. Soil type(s) and texture(s) of tract 5tocen- e. Vegetation on tract 6RAS:s., TREES', f. Man-made features now n tract g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? F i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? IDO If so, by whom? 5 ` UPLAND A %t ?..y Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed qfi b. Number of lots or parcels A) fi c. Density (Give the number of re idential units and the units per acre.) A) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the DiyW n of Land Resources? f. Give the percentaggee of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pa? e,? ent, buildings, or rooftops. f-` I 1 g. List the materials, such as marl, paver stone, asphalt, or concrete,, to be used for paved surfaces. AM h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management?_ 10111A i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? A2 X k. Describe Fl ting treatment facilities. 1. Describe location and type of discharges to waters of the state (for example surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). 121A m.. Water supply source Alit n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. 'TA o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? A)II& 6 EXCAVATION ANt) FILL FINFORMATION { b. Amount of material to be excavated from below water level in cubic yards 10 c. Type of material A ']if I d. Does the area to be excavated include marsh- land, swamps, or other -wetlands? AV^ e. High ground excavation, in cubic yar s 4/A f. Dimensions of spoil disposal area A)Zd g. Location of spoil disposal area h. Do you claim title to the disposal area?.? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? e 1) If so, where? ?/4 j. Does the disposal area include any marshland, swamplland,lor water areas? V /in k. Will the fill material be placed Blow mean high water? 114 1. Amount of fill in cubi yards 0,411 m. Type of fill material A n. Source of fill material IQ 16 o. Will fill material be placed on marsh or other wetlands? _W )?4 p. Dimensions of the wetland to be filled _ q. How will excavated or fill materi 1 be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragli e, backhoe, or hydraulic dredge)? f/s7 s. Will wetlands be crossed in transporting equip- ment to the project site?-J)*If yes, explain the steps that will be taken to lessen en- vironmental impacts.. a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Q)/J+ Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below Mli~I Upland fill areas 77 -SHORELINE STA` I ZA a. Length of bulkhead or riprap 16s / f b. Average distance waterward of mean high .water or normal water level Ztxt-nu * LIXE? c. Shoreline erosion during preceding 12 months, in feet ,2 C-9RDY d. Type of bulkhead material Ca-Riv 1rr - . V7, rak Ca e. Amount of fill, in cubic yard , to be placed below mean high water f. Type of fill material s?z 2 tN - r"ADIJ In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity,by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates. CF ,oac--rw?. YYIAA)Ar,7=ffla2r_ I ? FST?rc,?-r?r? E J AIIzD L?K;1?7 A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G..S. 113A-1 to 10). 9 CERTIFICATION AND Pt M--1764 SIGN: TO 'EN'T`ER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, "the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the day of J??C? M i? t I? , , 19 4? 7 ?f n X Lan owner or Aut zed ag,, ??t?t n the comp ete ap ttottferZdls'"tne Division of Coastal Management Gffice ne rest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for riate DCM office and addresses and phone number. 3 Name Address L? ?' /NO/C.?TQS FLAG SET 6Y cAe?Twrv r leuura W-S. *RAAY C. o. E. ;o SITE -• 1 N cAm nw wR h?V N I-P0 CATi S AR&A of -RoooW D owcww" "OrwjAw PLACE /Muwr ce S761ve RjP-RA.- S. R. Iloi ZAMNNf ? bM- L4?F CRO?1 T•4'N EXIfT/NG ?Yooogw BULKNrpp E wSTiNS- 5 swi !'O.vC, w M?• /cpWV? LOT -7 ~ CAoRThN ORCM?.tO ? m Suso. ? •. r k £ VIN b A L//" MAAN> //AK(3OR,N ?. 9 Q I x Or Tr¢ 4r'VE c oNC. '2?W'- , " .. VICINITV MA So uNo -L- 1- w Ew?TNG ^ F r CON(, MrN• StT Cevc. Move _ LeT !. C ROATMV QRCN44p" Suso. ALLEN YV77on /VA 6f, HEAD, /V_ c DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 January 25, 1988 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC088-N-028-0134 '° C EI\V ;Oq GMERATIONS Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Mr. Thomas M. Fearing and Ms. Marcia P. Fearing for a Department of the Army permit and a State Water Quality Certification to place riprap material on Croatan Sound adjacent the shoreline of thier property, Croatan Orchard, Manns Harbor, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by March 25, 1988, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Cha s W. Ho is hie , Regulatory Branch Enclosure 3 -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 t K r?6• gee Please type or print. Carefully describe all an- wQ's '? Des ribe the plan use of the proje t. ticipated development activities, including co. truq)OA BSc . tion, excavation, filling, paving, land clearing; stormwater control. If the requested informutio not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for :y all projects. li A. .4 y7 it - t kml i ? . l _ ;APPZ, u? AN k i, °. . 1 4- d L P SDI ' f ?? ize o entire tract .?. ma]ZC1A-?-?gRSu Name T14 8m AS m a ' b.. Size of individual lot(s) (? . . Ad dres C. Elevation of tract above mean sea level or?/Na- tional Geodetic Vertical Datum 6,.'l It State ity Zip I Day phone gr -,?1o n d. Soil type(s) and texture(s) of tract _ dA)D Landowner or _ Authorized agent b. Project name (if any) e. Vegetation on tract r 5 - C. If the applicant is not the landowner, also give ra ct Lk< f. Man-made features now,gn t _?.?n E??.TZ,UCr,LSc„x??pn -We P the owner's name and address. . g. What is the CAMA Land Use Plan/Classifica- tion of the site? (Consult the local land use plan.) - Conservation Transitional Developed Community f . c :r Rural Other 0, 11 ""k - PRO F-1 h. How is the tract zoned b local government? by i. How are adjacent waters classified? a. Stre address or seco dary road number ?? ? Ll ? ` ' j. Has a professional archaeolo ical survey been ? ?ATA? '4 , b. Citytown, Comm nity, or landmark carried out for the tract? ??? If so, by whom? 0 c. County d. Is proposed wor within " lim, oplanning city 1 0%?M' r : ' - jurisdiction? yES - DUx)Ty e. Name of body of Ovate nearest project ? Complete this section if the project includes any ?T-?? ??K» upland development. a. Type and number of buildings, facilities, or Is j?l':j . F, 5 -T X, T structures proposed, ' USE °CJIOP`C??ET,? y b. Number of lots or parcels a. Describe all development activities you propose c. Density (Give the number of re idential units (for example, building a home, motel, marina, and the units per acre.) ` ' bul head, or pier). ? d. Size of area to be graded or disturbed LT ?T gun ??Ri4,UXT? S?iU? e. If the proposed project will disturb more than one acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isti projec , new work or both? I TL &rC r In i ho A 0 sedimentation and erosion control plan been ' - _ submitted to the Di ion of Land Resources? c. Will the project be for community, private, or co ercial use? i f. Give the percentage of the tract within 75 feet R3i)R-TE of mean high water to be covered by im- permeable surfaces, such as a pa ment buildings, or rooftops. Z14- r- %b -0K- I g. Liet the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Z?l h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? Y) /it i. Describe proposed sewage disposal and/or waste water treatment facilities.?g j. Have these facilities received state or local approval? - A2 /a k. Describe _?ng treatment facilities 1. Describe location and type of diwharges to waters of the state (for example?, surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). 122 m. Water supply source ---A) IA- n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. -4) o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor?_ fl)# t- u. ` `6 EXCAV;A?'T101 'ANI FI `` INFORINLkTIO-S a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). 0)14 Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards c. Type of material fit) /f9- d. Does the area to be excavated include marsh- land, swamps, or other wetlands? e. High ground excavation, in cubic yards ,& f. Dimensions of spoil disposal area X)tll g. Location of spoil disposal area h. Do you claim title to the disposal area? t If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance?? If so, where? 11 /l? j. Does the disposal area include any marshland, swamplland,lor water areas? i) /n k. Will the fill material be placed Blow mean high water? L2 14 1. Amount of fill in cubi yards O/Jq m. Type of fill material /& n. Source of fill material o. Will fill material be placed on marsh or other wetlands? k) to p. Dimensions of the wetland to be filled li2llt q. How will excavated or fill materi 1 be kept on site and erosion controlled? VIA- r. What type of construction equipment will be used (for example, dragh e, backhoe, or hydraulic dredge)?/ s. Will wetlands be crossed in transporting equip- ment to the project site?If yes, explain the steps that will be taken' to lessen en- vironmental impacts. A) / JA- 471 s - .cn a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level L? -rSU6r LIA)ES c. Shoreline erosion during preceding 12 months, in feet z2 C 6RTAIti f? R&AS oQ d. Type of bulkhead material ?R&Jx EE Fli i-PP Cie, e. Amount of fill, in cubic yards, to be placed below mean high water 1 f. Type of fill material ?o?cx 2E TC . UMIE ?ic,s7.7 *M- GrRdXUZTE" f17DA2EZ J ' IRM In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity, by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee,- and issuing dates. Ga-P.Fes L)iR7i_4q:B r_ A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CEItTIFICATIt?N ?AN?: ? I2 ? 4 SION TO ENTER ON LANI? , `" Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the _ day of -UF_CT- M i?E R , 19_` !3 n VI"f X Lan_ owner or Aut zed ag t K Sen the comp ete app t o a eri e Division of Coastal Management Office ne rest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for priate DCM office and addresses and phone number. Name Address - VICINITV MAP CROA TA}N Sel /in/!o /IVO/C. -res FLAG SET BY - cRe.r?I. L(•S. RRMy C. o. E. ?a S(TE -? ~ GwM? C/M v M ? /NO/CATlS .'1REA OG PRGPf;IfEO ' AlawJw' - PLAC-MAOvT CV' S731vE RIP-RAP i, R• u07 ZzAMNNS NAR&A 7 ti EX/STING ?^ ^'-- ? _ BULCMEMI+ ? f, w• H' S /µ7.3W,•, 8 Io °t V c / TiE i?? 4r E r, v? s ntiF C.. MIN. Lor 6 Lor 7 - ORCM7R•" _ 3 CR-M.R° S??O.. •p AtcEN N?noR ? {\ 1, 'm KE YIN OAUM Z• ? NAGS NEAO, NC, N O y . ,R A ~• .MAA:?.i t/ARfanR. N. ` ?L.ryL 7'hP h l n,w. L Si w3- 7 V iwwr• `„ i 6O I All bv? v Y ;EA i ? TYP/CAL X ' SKT/ON PRa1bSGb STONE ? C ?y •' t7.o EtCY RA ,Cmwo 4L R/P- ' - •.II 1 G4awo / ex/srsw• BwxNfilo . L EYEL EXilTavG S'awe y re o` PLAT 0" "ROPOSEV R/P-R19P PLACFAIFNj CA.C'RAMV AIIAII FOR. RAY MEEKINS THOMAS M FEAR/NG Land S"', :' )r MANAl1 ,VAtodR+- C-qo^-r * -r&vvswo p r 4 OFYRE CO UNry - NoRTH ChROL/NA .M I SURVFVA? hwn 044 TTEO 9- 2)- Y7 w OY A4AIYSoiy Rift t. R. t. S. fi?257i jut, No 0033 J ` 1 Q 1 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 January 25, 1988 SUBJECT: File No. SAWC088-N-028-0134 Mr. Thomas M. Fearing and Ms. Marcia P. Fearing Post Office Box 982 Manteo, North Carolina 27954 Dear Mr. and Ms. Fearing: RECEIVE FE 'B 0 1 1988 WATER QUALITY SECTION OPERATIONS 8!,,?AI\ICH On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received January 21, 1988, for Department of the Army authorization to place riprap material on Croatan Sound along the shoreline of your property, Croatan Orchard, Manns Harbor, Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State-Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWCO88-N-028-0134 and will be coordinated by Ms. Alison Arnold. She is available to address questions or comments you may have at telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-768/ Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909