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HomeMy WebLinkAbout19970946 Ver 1_Complete File_19971110State of North Carolina Department of Environment, IT NXAA Health and Natural Resources ♦ a Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p E H N A. Preston Howard, Jr., P.E., Director November 10, 1997 Carteret County DWQProject #970946 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Troy Morris, III The Harbor Master, Inc. Post Office Box 1048 Morehead City, NC 28557 Dear Mr. Morris: You have our approval, in accordance with the attached conditions and those listed below, to dredge 670 square feet of wetlands or waters for the purpose of excavating an area, installing a bulkhead and constructing a travel -lift at 4408 Center Drive, as you described in your application dated October 30, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Sand recovered from sand blasting used in paint removal for vessels shall not be used as back fill material in bulkheads. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611- 7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919 - 733 -1786. Attachment S' ely, ston Ho Jr. P. cc: wttmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM 9709461tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director October 21, 1997 MEMORANDUM: TO: . A. res�nIo'�arii yu' �+ecii Division of Water Quality DE FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA /DREDGE & FILL Permit Application Review Applicant: The Harbor Master, Inc. (c /o Troy Morris, III) Project Location: 4408 Central Dr., Pelitier Creek, Morehead City c �DP OCT 2 3 1997 DIVISION OF COASTAL MA14AGEMENT 1999 Proposed Project: The applicant is proposing to bulkhead, excavate and construct a travel lift. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 11, 1997. If you have any questions regarding the proposed project, please contact Charles O. Pigott at (919) 808 - 2808. When appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ki rJ7�� pSIGNE) N DATE iDjj-� Hestron Plaza 11, 15113, Highway 24, Morehead City NC 28557 Telephone 919- 808 -2808 Fax 919- 247 -3330 An Equal Opportunity Affirmative Action Employer 50% Recycled/ 10% Post - Consumer Paper To f Date Time WHILE YOU M G AM CJ PM. WERE OUT of Phone ) 7a,% -- 9E +` Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message 0 Operator OAMPAD REORDER P`� EFFICIENCY® #23 -006 November 5, 1997 MILMORANDUM TO: John Dorney FROM: Eric Fleek�' F RE,: The Harbor Master (CARTERET) After reviewing this application, DWQ will require the following condition of the 401 WQ Certification: 1) SAND RECOVERED FROM SANDBLASTING USED IN PAINT REMOVAL FROM VESSELS SHALL NOT BE USED AS BACKFILL MATERIAL FOR BULKIIEADS. An additional RE, CCOMENDATION (which could be incorporated in the CAMA permit) should include removing this sand material from the site and disposing it at a properly designated landfill. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: The Harbor Master, Inc. 2. LOCATION OF PROJECT SITE: 4408 Central Drive, Pelitier Creek, Morehead City, Carteret County Photo Index - 1989: 154 -28 M -9 1984: 33 -1198 K -11 1995: 41 -514 0-7 State Plane Coordinates - X: 2667400 Y: 363800 3. INVESTIGATION TYPE: CAMA & DREDGE AND FILL 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 7, 1997. & October 13, 1997 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - October 2,1997 revised October 13, 1997, revised October 16, 1997 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Town of Morehead City Land Classification From LUP - Developed /Conservation (B) AEC(s) Involved: ES, EW, PTA, CW 4A ® Water Dependent: Yes (D) Intended Use: commercial (E) Wastewater Treatment: Existing - septic tanks Planned - none (F) Type of Structures: Existing - repair shop, boat shed, prop shop, railway, travel -lift, bulkhead Planned - travel- lift, bulkhead (G) Estimated Annual Rate of Erosion: minimum Source - observed 7. HABITAT DESCRIPTION: [AREA] T)RF.T)CTF.D FTLLED OTHER (A) Vegetated Wetlands Coastal Wetlands 30 sq. ft. (B) Non - Vegetated Wetlands Shallow Bottom 640 sq ft. ® Other High Ground 3418 s q. ft. (D) Total Area Disturbed: 4088 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SB Open: no 8. PROJECT SUMMARY: The applicant is proposing to bulkhead, excavate and construct a travel -lift. Er FIELD INVESTIGATION REPORT THE HARBOR MASTER, INC. /CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is located adjacent to 4408 Central Drive and Pelitier Creek in the Town of Morehead City, Carteret County. The property has historically been used as a commercial marina docking and haul out facility providing complete marine maintenance and repairs including the sanding, sandblasting and painting of boats. The facility provides twenty nine (29) wet slips plus a travel :lift and a'railway for hauling of boats. The high ground area has been developed with a maintenance, parts and office building. A propeller repair shop is located at the head of the railways. The majority of the high ground area is mostly buildings or gravel parking with very little pervious areas left. The applicant recently placed a wood bulkhead along the shoreline from the railway to his south property line and landward of the existing bulkhead on the north side of the railways. All work has been completed. The railway area has never been bulkheaded. Over the years a small fringe of Spartina alterniflora measuring approximately 10 -12' long x 34 wide has established itself in the railways. The applicant is proposing to remove the railways, install a bulkhead at the Mean High Water (MHW) line, backfill the area up to the prop shop and install two (2) ramps, 50' long x 5' wide to accommodate a travel -lift. The existing railway slip area would be excavated to a minus 6' deep at Mean Low Water to allow boats to gain access to the travel -lift. Waters at the project site have been classified as SB and are closed to the harvesting of shellfish. 10. ANTICIPATED IMPACTS: The applicant is proposing to remove an existing railways and bulkhead the area. Twenty six (26) feet of bulkhead would be positioned at the MHW and a 64' long x 53' wide or 3,400 sq. ft. area landward of the bulkhead would be filled. An approx. 40' long x 16' wide x a minus 6' deep would be excavated waterward of the bulkhead resulting in approx. 90 cubic yards of sandy mud substrate being removed from the old railways area. Approx. 30 sq. ft. of Spartina alterniflora marsh would be excavated in the travel lift basin. This material would be placed in a truck and hauled to a high ground disposal area. No other development is planned on the high ground. The 2 travel -lift ramps (50' long x T wide each) would shade approx. 500 sq. Ft. of Public Trust bottom. The ramps would not extend out beyond the existing mooring pilings. The proposed travel lift ramps would be greater than 15' from both neighbors riparian property line. No additional slips would result from this proposed project. Prepared by Charles O Pigott Date October 21, 1997 cc: Charles S. Jones Jeff Richter, COE i Form DCM -MP -1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name The Harbor Master, Inc. Address P.O. Box 1048 4408 Central Drive City MorPhPad City State NC Zip 28557 Day Phone 919- 726 -2541 Fax b. Authorized Agent: Name Troy Morris, III Address 4408 Central Drive City Morehead City State NC Zip 28557 Day Phone 919- 726 -2541 Fax c. Project name (if any) NOTE: Permit will be issued in name of kmdowner(s), card /or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret Revised 03/95 b. City, town, community or landmark Morehead City, NC c. Street address or secondary road number 4408 Central Drive d. Is proposed work within city limits or planning jurisdiction? x Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pelitier Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and /or filling activities. Move existing bulkhead back. Replace existing finger piers with travel lift ramps. Bulkhead across railway slip; remove rails; dredge out. b. Is the proposed activity maintenance of an existing project, new work, or both? Roth c. Will the project be for public, private or commercial use? Both d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Converting an existing railway into a travelift slip by-removing rails; bulkheading across inshore.end; replacing existing finger piers with ramps; Dredging out slip '1997 1. , u ; l- J J a- - - - - -- . 7 !)1 SEP a 4 1997 Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.019 acres b. Size of individual lot(s) 25' X 145' c. Approximate elevation of tract above MHW or NWL 4' d. Soil type(s) and texture(s) of tract Black dirt - e. Vegetation on tract None 4 � m. Describe existing wastewater treatment facilities. Septic Tank n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges.) None o. Describe existing drinking water supply source. Well water f. Man-made features now on tract Repair shop: boat shed; prop shop; railway; travel ift; bulkhead 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? Commercial Marina i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? Yes y_ No Coastal (marsh) Other If yes, Chas a delineation been conducted? (Attach documentation, f available) Revised 03/95 18 A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross - sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel unfamiliar with the area to the 1 Form DCM -MP -1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Jesse W. Davis 70 West Marina Address P.O. Box 826 Phone Morehead City, NC 28557 919 - 726 -5171 Name John H. McCallum Taylor Boat Works Address P.O. Box 1346 Morehead City, NC 28557 Phone 919- 726 -6374 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Storm water runoff; General permit • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed 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 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 application and follow -up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 3 day of aeprP__rm__,,hPr, 19-u-. Print Name Troy Morris, III Signature Zandowne r Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP -2 Excavation and Fill Information X DCM MP -3 Upland Development x DCM MP-4 Structures Information DCM MP -5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a stat documenting compliance with the North C i a Environmental Policy Act. �i s OCT 0 2 1997 Revised 03/95 r� T--- -s a-,� -, •-sue —. ----,� IL UP 0 41997 i Form DCM -MP -2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM -MP -1. Be sure to complete. all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Average Final "E)sting Project Length Width Depth Death 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 177 7R riihi r -Ards b. Type of material to be excavated Mud and silt c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes x No d. Highground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Hauled off b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? ' _L i .... (t OCT 0 2 1997 r -,,I) r M i:fv 40' 16' 3' 6' �..:;v,: %iii:::.:: ??'TT :i.. \.li`r• i !v'yi:'!i�i,''.•.�e,{iKii r' ,ti's \.` -.:. :iii.:.' 1:::.a \ \: \ i/'�'•L :'n,\,''i:iiY. ^V`.'•:�• Ycv \�:::{ti�3� 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 177 7R riihi r -Ards b. Type of material to be excavated Mud and silt c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes x No d. Highground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Hauled off b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? ' _L i .... (t OCT 0 2 1997 r -,,I) r M i:fv Form DCM -MP -2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 94, c. Average distance waterward of MHW or NWL . None d. Maximum distance waterward of MHW or NWL None e. Shoreline erosion during preceding 12 months None (Source of information) f. Type of bulkhead or riprap material concrete g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill N/A h. Type of fill material N/A i. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03/95 If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Dragline and backhoe c. Will wetlands be cr3ssed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. The Harbor Master, Inc. Applicant r Project Name Signature September 3, 1997 Date i Form DCM -MP -3 UPLAND DEVELOPMENT (Construction and /or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM -MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed MnA b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) None d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 64' X 53' yefftcmi -A & DRlvEVAf' e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Marl and concrete g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered b impervious and /or built -upon surfaces, such pavement, buildings, rooftops, or to be used vehicular drivewa s or parking. 64' X 53' Revised 03/95 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted July 14, 1995 copy enclosed i. Describe proposed method of sewage disposal. N/A j. Have the facilities described in Item i. above received state or local approval? exi sti nQ (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges). No new discharge Proposed 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Well m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? Tha RA-rhnL_jvagf -o,-, Inr Applican or Project Name Sign 7 � A... Date i SEP 0 1 *07 OCT 0 2 1997 Form DCM -MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM -MP -1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and /or Pier(s) (1) X Commercial _Community _ Private (2) Number 2 (3) Length So (4) Width S.' (5) Finger Piers _ Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL -7' b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance wetlands (3) Maximum distance wetlands Revised 03195 from MHW, NWL or beyond MHW, NWL or e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body - Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description *' 2 Travel if t ramps 6'6 X S' The Harbor Master, Inc. Applicant or Project Name JA Signs September 3, 1997 Date iff �i3 i 4tI OCT 07 1 e SEp 0 4 1997 t 3 i 7 1A iW C �9 mm w r.,nM` -. mR. TR•oY A4o110 15 Z� 5c- AL-6 9-.`a� PROFasED 44 694 �.-- -- - - -- - TRAvS1. LIFT fp�� • \ pa vesrn 9- xcAVA-r/a Al $$. Gy V w 0 ULKHEAD %0 • 85 SIP \- QZ' S�y�A• �� '• .. � t %1 \ �� 7,ul�.w_ I p. RAtt,�Ay .s i r2, PROP. fti SHOP SIP , 0 / ` to n Wood Piling Style Pier (suggested E---- s'-- --1 S0 i � t ANOLE i I ?• PLANK WALKWAY t� " POOPOSEDELEVATION J x y► %S IL 11.V •f!.1 M.W1 u * 12• it 12• �� to SPACES 6.0' EACH SIDE VIEW END VIEW / 6 2'r °• e• r 14• G* r t2• The above drowln" consllluta a suggested method of WOOD PILND DPIVfN ��411M41 LZ I 1� 0 �c s I v y L1/J 7 mm w 1.,^M" mP.. TROY MoRQ'S Sc- AL -c 9-.7--a� TAAV01. I- IF T pa Pas X0 6j0410' K Ito ,x es. R �y Ic Q\� O- V a 0 ULKHEAD 85 \ SIP S�rUA ` PROP. SHOP SIP / 0 , X� 40 00 ` to tt / i Wood Piling Style Pier (Suggest 16 so P"OPOS D ELEVATION .1 L to SPACES I& EACH - - SIDE VIEW END VIEW +Sf 13•- E �" ANOLE * tt' 1 Ir r ■ u --I The above drawing* confillut• • suppeNed method of consltuctlon only. User must obtain approved plans from his own 1111 "J" v » 1aa1 wATE11 LEVEL wr1oo PIUNO OPIVfry t - to 25 TON D[AMINO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 IN REPLY REFER TO October 30, 1997 Regulatory Division NO Action ID No. 199800250 `ten Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611 -7687 Dear Mr. Dorney: Enclosed is the application of The Harbor Master, Inc. for Department of the Army authorization and a State Water Quality Certification to remove an existing railway and bulkhead the area at Mean High Water(MHW) for twenty -six feet, fill landward of the bulkhead, excavate waterward of the bulkhead a 40- foot -long by 53- foot -wide area including a 30- square -foot area of Spartina alterniflora marsh, and install two 50- foot -long by 5- foot -wide boat ramps to accommodate the travel -lift in Pelitier Creek near Morehead City, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by December 30, 1997, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned of the Regulatory Division, telephone (910) 251 -4636. Sincerely, 4r v H. Richter Project Manager Wilmington Field Office Enclosure 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