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HomeMy WebLinkAbout157-96 County of PamlicoPermit Class Permit Number NEW 157-96 STATE OF NORTH CAROLINA Department of Environrn nri FIealtii' & Natural Resources Coastal-gesources Commission ,.VPrl�ilt ' 0 RECEWEo fov NOV 221996 X Major Development in an `Area of Enviiorimental Concern 00 GUA: 1 r+t pursuant toNCGS 113A-118-'' ,4 PANAG00ENT u X Excavation and/or filling pursuant to NCGS 113-229 Issued to County of Pamlico, P. O. Box 776, BUboro, NC 28515 authorizing development in Pamlico County at Whittaker Creek channel , as requested in the permittee's application dated 11/13/95 including attached worknlan drawings, 4, dated received 7/25/96. This permit, issued on \\ — E; , Clio is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Dredging Moratorium 1) In order to protect juvenile shrimp and finfish populations of the Whittaker Creek Primary Nursery Area, no excavation or filling will be permitted between April 1 and September 30. of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine Fisheries. Excavation 2) Excavation will not exceed 8 feet below the elevation of mean low water (MLW). 3) No marsh grass will be excavated and/or filled. attached sheet for Additional This permiLaction may be appealed by the pemiittee 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, 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. ash ^ Roger W Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee e. County of Pamlico Permit #157-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Spoil Containment 5) The diked disposal area will be constructed a sufficient distance from the nean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. The spoil site is to be located according to the application as shown on the site plan dated 8/21/95 and the areial photograph dated July 1996. 6) In order to protect water quality, effluent must not visibly increase the amount of suspended sediments in adjacent waters. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. 7) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8) The disposal area effluent will be contained by pipe, trough, or similar device to a poinAit or beyond the normal water level to prevent gully erosion and unnecessary siltation. 9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. Special attention must be provided under this condition to preculde sediments from reaching the western branch of the Creek. 10 A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 11) In order to protect water quality, effluent must not visibly increase the amount of suspended sediments in adjacent waters. 12) The dike will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: This project may create mosquito breeding problems. For information regarding appropriate mosquito control measures, contact the Division of Environmental Health at 91 gn26-8970. County of Pamlico ADDITIONAL CONDITIONS Archaeological Resources Permit#157-96 Page 3 of 3 NOTE: The permittee is hereby notified that this project should be undertaken with caution. If during construction, submerged archaeological materials are encountered, such as shipwreck remains, it is the responsibility of the Army Corps of Engineers -Wilmington District, to notify the Division of Archives and History immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. Work in the immediate area shall cease and the COE and the Division of Coastal Manageemnt shall be notified. NOTE: The Division of Water Quality authorized this project on October 28, 1996 under General Water Quality Certification No. 3025. Permit Class - ... N);i W STATE OI-NO-tT1�CAROLINA Department of Env ronine`u'-'-i alt & Natural Resources `� e•�v and'^ g � c ii i �aof:E r W:.v Major Developmenft an- An;a ofF.rtyironmental Concern pursuant to NCG$ QUAM Excavation and/or filling pursuant to NCGS 113-229 Permit Number 157-96 Issued to County f Pamlico, P. O. Box 776, Bayboro, NC 28515 authorizing development in Pamlico County at Whittaker Creek channel , as requested in the permittee's application dated 11/13/95 including attached work -plan drawings, 4, dated received 7/25/96. This permit, issued on \\ — 5 — , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Dredging Moratorium 1) In order to protect juvenile shrimp and finfish populations of the Whittaker Creek Primary Nursery Area, no excavation or filling will be permitted between April 1 and September 30 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine Fisheries. Excavation 2) Excavation will not exceed 8 feet below the elevation of mean low water (MI,W). 3) No marsh grass will be excavated and/or filled. attached sheet for Additional 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 31,1999 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 DEHNR and the Chairman of the Coastal Resources Commission. -'%i^ Roger W Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee County of Pamlico Permit #157-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Spoil Containment 5) The diked disposal area will be constructed a sufficient distance from the nean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. The spoil site is to be located according to the application as shown on the site plan dated 8/21/95 and the areial photograph dated July 1996. 6) In order to protect water quality, effluent must not visibly increase the amount of suspended sediments in adjacent waters. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. 7) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the normal water level to prevent gully erosion and unnecessary siltation. 9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. Special attention must be provided under this condition to preculde sediments from reaching the western branch of the Creek. 10 A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 11) In order to protect water quality, effluent must not visibly increase the amount of suspended sediments in adjacent waters. 12) The dike will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: This project may create mosquito breeding problems. For information regarding appropriate mosquito control measures, contact the Division of Environmental Health at 91 gn26-8970. County of Pamlico ADDITIONAL CONDITIONS Archaeological Resources Permit#157-96 Page 3 of 3 NOTE: The permittee is hereby notified that this project should be undertaken with caution. If during construction, submerged archaeological materials are encountered, such as shipwreck remains, it is the responsibility of the Army Corps of Engineers -Wilmington District, to notify the Division of Archives and History immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. Work in the immediate area shall cease and the COE and the Division of Coastal Manageemnt shall be notified. NOTE: The Division of Water Quality authorized this project on October 28, 1996 under General Water Quality Certification No. 3025. Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 6 Acres b. Size of individual lot(s) It/A c. Approximate elevation of tract above MHW or NWL 7.5' d. Soil type(s) and texture(s) of tract Youngs Alfa Vista e. Vegetation on tract Coastal mix grass f. Man-made features now on tract II/A g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed x Community Rural Other h. How is the tract zoned by local government? Unrestricted i. Is the proposed project consistent with the applicable zoning? x Yes No (Attach zoning compliance certificate, if applicable) 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 No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) LJUL2 5 1996 m. Describe zisting wastewater treatment facilities. NJA n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluept, "wash down" and residential discharges.) N A o. Describe a isting drinking water supply source. 117A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy or 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 I V 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 Revised 03/95 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 stabilvation) Revised 03/95 Average Final Existing Project Length Width Depth Depth 2800' Jo4' 6' 8' s r �.�nwww.• a •..u..aMMM1 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards20,000 cy b. Type of material to be excavated Sand 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 2. DISPOSAL OF EXCAVATED MATERIAL a. Loc tion of disposal area Windward Drive See attached Plat b. Dimensions of disposal.area 5-14 -r Y 60 c. Do you claim title to disposal area? Yes x No If no, attach a letter granting permission from the owner. Attached d. Will a disposal area be available for future maintenance? —Yes x No If yes, where? Form DCM-MP-2 L,,L:�5 19y6 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (l) Amount of �txeter}ah•ro•bC�f3�ld"IA"the Yes x No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes ,. No (3) Purpose of fill 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Rpprap b. Length N/A c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months N/A (Source of informarion) f. Type of bulkhead or riprap material N/A g. Amount of fill in cubic yards to be placed below water level (1) Riprap None (2) Bulkhead backfll None It. Type of fill material L Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes x No 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)? Hydraulic dredge c. Will wetlands be crossed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Whittaker Creek Dredging Project Ap Project Name _ �) J'== J� Signature November 13, 1995 Date Revised 03/95 Form DCM-MP-1 JUL 2 6 1996 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 Miles Shorey Address P 0, Box 266 Oriental, N,C, 28571 Phone 919-249-0031 Name Dr. Robert Hyde Address 1112x 524 Oriental, N.C. 28571 Phone 99-2 9-0134 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. State permit #39-76 Issued 3/10/76 Federal permit #76-69-03-010 Issued 4/1/76 • 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 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 13 day of Nov. , 199). Print Name + Dan R. Forman tur Signae n � - "^' — —� Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP4 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. Revised 03195 h SPOIL POND PIKE 1AE16141- 01bi(. DEPT H JUTAL A- E A- y,-, 2. 1 - j'S"- 5.'4e ACRES JUL 2 5 1996 Mw IAMIAAMM i >�, n; Q� - V <1 jUL 2 5 1996 �NttNt�tltH ttNNttMNA ' k ..` "i r ff. o �' I Ire `�� /oo/ 6.5't F)(15T(N& CHANNEL BOTTOM(b•s�y� ` BC( TYPICAL CROSS-SECTION OF PRGFb-SED DEER=1nC� OF 1v'N ITTAKER GREEvC CkIANNEL " NCB TO �,P C. F I •-ri��h1 �'' 9'-V3302 JFyoS�P,r R.. NOV TO 5{�OIL va�4P \ ♦� \ • 7.4' 3.5' Al *6\ 7.6' are th e6 4.2' At .�I. / Crab Pot bPi IK ri Vva a. b. o Ns.w A y ..4. Ju 6.6' At TL Red 64 NOTE: HATCHED AREA (APPROXIMATELY 2,800' x 107') REPRESENTS AREA TO BE DREDGED. LEGEND + ABSOLUTE SOUNDINGS -- — ELECTRONIC SOUNDINGS ALONG CHANNEL — • — • — ELECTRONIC SOUNDINGS SO' EAST OF CHANNEL dt4EEN CHANNEL MARKF_P. GREEN CAN CHANNEL MARKER O GREEN POLE CHANNEL MARKER ♦ RED CHANNEL MARKER 3 CRAB POT NOTE: ABSOLUTE SOUNDINGS ARE SHOWN IN FEET, AT NORMAL WATER LEVEL OF OAX ABOVE NORMAL SEA LEVEL, NGVD. ORIGINAL SOUNDINGS PROVIDED BY A. HUGH HARRIS, JR. RLS, PE, AND SHOWN ON MAP DATED, SEPT. 12, 1994. HATCHED AREA TO BE DREDGED AND STREAM FLOW ARE REVISIONS PROVIDED HEREON BY RYAN, RES. I C.T� Atlantic Survey & Design 249 CRAVEN STREET NEW BERN, NORTH CAROUNA (919) 633-6649 DATE: I JOB Afa 1765 SCALE: /" a 400' 1 DRWIU HY.A6WI NO. A DEPTH SOUNDING DIAGRAM OF whillaker Creek LT — Channel — "Or/eRlel" TOWNSHIP PAMLICO COUNTY, MC. VWCEE WFST � SAY SPINNAKER POINT r � BL'CANEE 4 ' ear 7 A Y 1 HORIOWS LANDING GOC FAIR WNDS S.R. 1321 ACRES TANDINGS — — VISTAI SEA VISTA [/ 4 PIERCE CREEK ARE r 1 g' ORIENTAL _ _ - - 's K h, NEUSE RIVER N.USE HEIGHTS • \d\L i _ NEU 1 1 1 WINDWARD SHORES DOLPHIN POINT .TJRer oe SI G SEC- see cle- s41 i „A" State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management A James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E3E H N FR Roger N. Schecter, Director Novemberr 6, 1996 County of Pamlico P.O. Box 776 Bayboro, NC 28515 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, 'FAX 919-733-1495 N%` Raleigh, North Carolina 27611-7687 ''CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 18W WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 20, 1996 Regulatory Branch Action ID No. 199604948 and State Permit No. 157-96 County of Pamlico ATTN: Mr. Dan Forman Permit Coordinator Post Office Box 357 Oriental, North Carolina 28571 Dear Mr. Forman: Reference your application for a Department of the Army (DA) permit to undertake maintenance excavation activities within an existing access channel to Whittaker Creek, located off Whittaker Point Road, in the Town of Oriental, Pamlico County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. 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 civil and/or administrative penalties. 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 Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, RaleiP.W.S. Regulatory Project Manager Enclosure Copies Furnished without enclosure: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 -2- Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. John Parker eivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: County of Pamlico 2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, adjacent Whittaker Point Road on Whittaker Creek and the Neuse River Photo Index - 1995: #78-854;indexed by F-15; E-15,16; D-17; C-16,17; B-17; A-18,19 1984: 2 119 12; indexed by I-8,9; J-9,10,11; K-11,12 State Plane Coordinates - X: 2,693,700 Y: 473,600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/25/95 and 8/9/96 Was Applicant Present - Yes on 10/25/95 5. PROCESSING PROCEDURE: Application Received Complete - August 2, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1994 Town of Oriental Land Use Plan Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - N/A Planned - N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands - Estuarine Waters and Public Trust Areas 291,200 ft2 (C) Other High Ground 238,496 fe (D) Total Area Disturbed: 529,696 fe (E) Primary Nursery Area: Yes (F) Water Classification: Both Whittaker Creek and the Neuse River are SA NSW Open: Whittaker Creek is closed while this section of the Neuse is open 8. PROJECT SUMMARY: Pamlico County is proposing to conduct maintenance excavation within the entrance channel into Whittaker Creek. FIELD INVESTIGATION REPORT: PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The project is located in Pamlico County on the northeast side of the Town of Oriental adjacent the Neuse River and Whittaker Creek. The project site essentially consists of an existing 3200' long by 104' wide channel leading from the Neuse River into Whittaker Creek. The original channel was permitted to -10' below NWL but has since shoaled in to an average existing depth of -6' NWL. According to the applicant, during periods of extended westerly winds, the water depths drop an additional -l' to -2' below NWL, creating problems for boaters. The entrance channel is essentially straight with the southern end being marked by red channel marker #2 and green channel marker #3 out in the Neuse River. The northern end is marked by green channel marker #5 in Whittaker Creek where the channel makes a turn towards the Western Branch. The channel continues for another 400' to greenchannel marker V. Whittaker Creek forks and forms both an East and West Branch. Another tributary, Tarpon Channel/Canal, flows into the West Branch. The Whittaker Creek entrance channel provides boating access from Whittaker Creek to the Neuse River for three marinas, several marine related businesses, and many residences with private docks that all use the channel. According to the applicant, there are approximately 293 slips within Whittaker Creek. The original channel was dredged around 1970 and was deepened and maintained in 1976 under Dredge and Fill Permit #39-76 and U.S. Army Corps of Engineers Permit #76-69-03-010. The high ground project site (location of the spoil disposal site) is located some 4,000' to 5,000' from the entrance channel. This six -acre site is located on Windward Drive in the Town of Oriental. Whittaker Creek including both the West and East Branches as well as Tarpon Canal are Primary Nursery Areas. Whittaker Creek is closed to shellfishing while this section of the Neuse River is open. Both Whittaker Creek and the Neuse River are SA NSW waters. There were no SAVs noted in the area to be excavated. Project Description Pamlico County is proposing to conduct maintenance excavation with a hydraulic dredge in the entrance channel from the Neuse River into Whittaker Creek. Approximately 2800 linear feet of the channel would be maintained. The top cut would be 100' wide while the bottom cut would be 80' wide. The applicant proposes to excavate the channel to -8' below NWL. The excavated sand material would be pumped to a six -acre high ground disposal site located on Windward Drive some 4,000' from the dredge site. The spoil area would measure approximately 514' X 464' in size. An agreement with the Dolphin Company, the disposal site landowner owner, is enclosed. Effluent water from the diked disposal site is proposed to be discharged into a manmade canal which runs into the headwaters of the Western Branch of Whittaker Creek. FIELD INVESTIGATION REPORT: PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project PAGE #3 Anticipated Impacts The project as proposed will result in approximately 291,200 ft' of channel bottom of Whittaker Creek and the Neuse River being excavated to a depth of -8' below NWL. Approximately 1000' of dredging would occur within the Primary Nursery Area of Whittaker Creek. Overall, approximately 21,750 yds' of sandy material would be excavated by hydraulic dredge and pumped to a diked disposal area located some 4,000' to 5,000' away. Increased levels of turbidity would be expected during dredging operation but should be short-term in duration. Approximately 238,496 fe of high ground would be disturbed as a result of the construction of the spoil disposal area. The discharge of the effluent back into the headwaters of the Western Branch could affect the bottom substrate in this area of the Primary Nursery Area. M. Ted Tyndall - Morehead City Office - 13 August 1996 F- DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSA=AL/PROCESSING RECORD G ( L A) ff APPLICANT: County of Pamlico COUNTY: Pamlico LOCATION OF PROJECT: adjacent Whittaker Point Road, on Whittaker Creek and the Neuse River, in the Town of Oriental DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 2, 1996 FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FIELD REPRESENTATIVE: Ted Tyndall DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED PUBLIC NOTICE REC'D: 5 .,\\ ls)m Q-A ADJ. RIP. PROP NOTICES REC'D: OFFICE: Morehead APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: Q \ 6-/\ %a- CjI o 150 DAY DEADLINE: /J MAIL OUT DATE: D - ! /O — % STATE DUE DATE: FEDERAL DUE DATE: FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 1 a - 3 r- R 6 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. office ( Div. of Community Assistance Land Quality Section q Div. of Env. Management 0�� State Property Office 0 A _ �r Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission Div. of Water Resources / Div. of Marine Fisheries S . •+c+ ' X MEMORANDUM 4' O- TO: John Parker �Fyr G FROM: M. Ted Tyndall SUBJECT: Field recommendation and conditions for the County of Pamlico Major CAMA permit application involving the maintenance excavation of the entrance channel into Whittaker Creek, near Oriental, North Carolina DATE: October 9, 1996 I have reviewed the pertinent rules and regulations for this project and have paid special attention to the 07H.0208 Specific Use Standards for Hydraulic Dredging. As proposed it appears that the project is consistent with those rules. Consequently, I have no objection to the project being permitted with the following conditions: 1. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between DATE BASED ON DMF INPUT and DATE BASED ON DMF INPUT of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2. Excavation will be conducted below the normal water level (NWL) and will not exceed -8 feet below the NWL. 3 3. No marsh grass will be excavated and/or filled. 4 4. The temporary placement or double -handling of excavated'or fill materials within waters or vegetated wetlands is not authorized. 6 5. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. 1 6. The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the normal water level to prevent gully erosion and unnecessary siltation. 7. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement q of suspended solids. 8. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. Parker memo re: Pamlico County Dredging October 9, 1996 Page 2 /v 9. In order to protect water quality, effluent must not visibly increase the amount of suspended sediments in adjacent waters. 5 10. The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. The spoil site is to be located according to the application as shown on the site plat dated 8-21-95 and the aerial photograph dated July 1996. 1 11. The dike will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. GENERAL NOTES - MAINTENANCE CLAUSE NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This Plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this Plan to the Department of Environment, Health and Natural Resources, Land Quality Section, Washington Field Office. NOTE: This project may create mosquito breeding problems. For information regarding appropriate mosquito control measures, contact the Pu ' at-(91-9)73-3-6407 -John-check-on-this-contact-and-nurnber Qa•..—_ OAF- 91 `, 'l -.'_ 6 -- cc: Charles Jones Raleigh Bland, COE/Washington State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 13, 1996 MEMORANDUM: TO: Kathy B. Vinson, District Planner Division of Coastal Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator JLA� E) FE SUBJECT: CAMAI GE &FILL Permit Application Review Applicant: Coun f Pamlico Project Location: adjacent ittaker Point Road, on Whittaker Creek and the Neuse River, in the Town of Oriental Proposed Project: to conduct maintenance excavation within the entrance channel from the Neuse River into Whittaker Creek Please indicate below your office's position or viewpoint on the proposed project and return this form by September 3, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: w ✓ This office has no objection to the project as proposed. 3- w cel, dn& , . This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED �ODATE( P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper MEMORANDUM: TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, County of Pamlico, Dredging of Whittaker Creek DATE: September 13, 1996 Pamlico County proposes to conduct maintenance excavation within the entrance channel into Whittaker Creek. The project site is located on the northeast side of the Town of Oriental adjacent the Neuse River and Whittaker Creek. Areas of Environmental Concern (AECs) impacted by the proposed work include Public Trust Areas and Estuarine Waters. Waters of Whittaker Creek and the Neuse River at the site are classified as SA NSW. Whittaker Creek is closed to the harvesting of shellfish, although this section of the Neuse River is open. Whittaker Creek is also classified as a Primary Nursery Area. I have reviewed this proposal for consistency with the 1994 Town of Oriental Land Use Plan Update and offer the following comments. The Public Trust and Estuarine Waters AECs proposed for dredging are classified as Conservation by the Oriental Land Use Plan, while the proposed spoil site is classified as Developed. The Oriental Land Use Plan supports state standards for development in Conservation classified AECs. The only local standard which exceeds state requirements involves pump -out facilities at marinas and is not applicable to this permit request. Economic and Community Development Policies regarding Channel Maintenance state that the water courses and channels that adjoin the Town are essential elements of the local economy. The Plan states that maintenance of these channels may be shared by property owners and commercial interests, as well as County, State and Federal entities. Provided all-7H standards can be satisfied, this proposal appears to be consistent with the 1994 Town of Oriental Land Use Plan. cc: Preston Pate Charles Jones Ted Tyndall William Crowe State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office Janes S. Hunt, Jr., Governor Jonathan B. Howes, Secretary County of Pamlico Attn: Mr. Dan Forman P.O. Box 357 Oriental, NC 28571 Dear Mr. Forman: A :0�' 74JLOArl IDFEE HNFz1 DIVISION OF WATER QUALITY October 21, 1996 Subject: CAMA/stormwater SW7960810 Maintenance Dredging Whittaker Creek Pamlico County The Washington Regional Office received final stormwater information for your project on August 15,-1996. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Bill Moore at (919) 946-6481, extension 264. Sincerely, Roger K. Thorpe Water Quality Supervisor Washington Regional offi cc: LCM - John Parker Washington Regional Office Central Files 1424 Carolina Avenue, Washington, NC 27889 Telephone (919) 946-6481 FAX (! An Equal Opportunity Affirmative Action Employer 50% recycled / 10X y post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt,Jr., Governor Jonathan B. I-bwes Secretary A.Preston Fbward, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Dan Forman Coumy of Pamlico P.O. Box 357 Oriental, NC 28571 Dear Mr. Dorman: e�� mom E)FEE HNR October 28, 1996 Pamlico County DWQ Project # 960801 You have our approval to dredge 291,200 square feet of waters for the purpose of conducting maintenance excavation within the entrance channel to Whittaker Creek, as you described in your application dated 30 August 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project 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 Domey at 919-733-1786. 1 � f Sincerely, "� T NoifC4.1r4Q sss � ton Howard, Jr. P.E. '"' i£tyJ Attachment c CC., Wilmington District Corps of Engineers to Corps of Engineers Washington Field Office Washington DWQ Regional Office W. John Domey Central Files John Parker; DCM 9608011tr 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 s State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 22, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator eA� EDEHNR SUBJECT: CAMA/Dredge and Fill Permit Application Review AUG 2 7 19% DMF-PUB. TUSUBLANDS r RFCF� qUG 2g 9p 'N'i�".ta"Y'�NT APPLICANT: County of Pamlico y S T `' PROJECT LOCATION: Town of Oriental, adj. Whittaker Point Rd. on Whittaker Cr. & the Neuse River, Pamlico Co. PROPOSED PROJECT: To conduct maintanance excavation within the entrance channel into Whittaker Creek. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. ",C0 T,I�il vita/.cic?Y ALG .9hLi}J •'t�E..F J. .O/i7/c GI//tL �%.B/(& G`.ulAr9F .✓ll /.3%C,B-lsde� �� /�/v� Signed—� _ Date P.O. Box 27687, V 0FAX 919-733-1495 Raleigh, North Carolina 27611-7687 ' CAn Equal FAX Action Employer Voice 919-733-2293 7f7 , 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health, and Natural Resources JL� Division of Marine Fisheries Al James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director 23 September 1996 MEMORANDUM TO: John Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A.. Wojciechowski - SUBJECT: DREDGE AND FILL PERMIT County of Pamlico, Whitaker Creek, Neuse River, Pamlico County Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. t• ffII .l0 PAW/bc J SEP L`Z . a6 MANAUEMENI c P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 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 Marine Fisheries A*A = a_ James B. Hunt, Jr., Governor 1:3FEE HNFR Jonathan B. Howes, Secretary Bruce Freeman, Director MEMORANDUM TO: John Parker FROM: JI Katy West / & DATE: 20 September 1996 SUBJECT: CAMA Major Permit, County of Pamlico, Whittaker Creek, Neuse River, Pamlico County The North Carolina Division of Marine Fisheries (NCDMF) offers the following comments pursuant to G.S. 113-131. The maintenance excavation of the channel will occur within a Primary Nursery Area (PNA), Whittaker Creek. The NCDMF recommends approval of the project under the following condition: 1. (_�A dredging moratorium from April -September be Imposed to lessen turbidity \ and physical disturbance impacts in Whittaker Creek. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919.946-6481 FAX 919-946-3967 An Equal opportunity Affirnlaflve ACUOn Employer 50% reCVCleo/ 10% posttonsumer Paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 13, 1996 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator A7" , E)EHNFR ,/IT SUBJECT:-CAMk//DREDGE & FILL Permit Application Review S Y Applicant: County of Pamlico Project Location: adjacent Whittaker Point Road, on Whittaker Creek and the Neuse River, in the Town of Oriental Proposed Project: to conduct maintenance excavation within the entrance channel from the Neuse River into Whittaker Creek Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 3, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. 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. SIGNED / 4 �� DATE z d Sr,-, �f. ice. /71�. P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier f11-12-09 Telephone 919-726.7021 FAX 919-247.3330 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 Jonathan B. Howes, Secretary Roger N. Schecter, Director August 13, 1996 MEMORANDUM: TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator A � la 1:3FEE HNF 1 SUBJECT: CAMA/DR & FILL Permit Application ReviewApplicant: County f PamGE lico Project Location: adjacent Whittaker Point Road, on Whittaker Creek and the Neuse River, in the Town of Oriental Proposed Project: to conduct maintenance excavation within the entrance channel from the Neuse River into Whittaker Creek Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 3, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. 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. v // 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. DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier dl 1-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DIVISION OF LAND RESOURCES LAND UALITY SECTION �--30 -j4- MEMORANDUM TO: John R. Parker, Jr./Stephen Benton Major Permits Processing Section Division of Coastal Management FROM: Patrick H. McClain Assistant Land Quality Regional Engineer Washington Re 'onal Office SUBJECT: This office will require that: 1. The area be properly graded. 2. A permanent ground cover, sufficient to restrain erosion be provided on all exposed areas within the shorter of 30 working or 120 calendar days after project comple- tion. 3. The exterior slopes of the disposal area dikes be at an angle no steeper than 1 1/2 H: 1 V. 4. Appropriate erosion and sedimentation control devices, measures, or structures be used to prevent sediment from entering the adjacent wetlands/watercourses/ property (e.g., silt fence, diversion swales/berms, sand fence, etc.). 5. A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any phase of grading on cut or filled slopes. 6. An erosion and sedimentation control plan be submitted at least 30 days prior to initiation of land -disturbing -- activities. 7. Additional information concerning the area of the land- ward disturbance be submitted to determine if an erosion control plan is required. S. Other: State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A4� �EHNR DIVISION OF LAND RESOUR LAND QUALITY SECTION August 30, 1996 County of Pamlico. ATTN: Mr. William R. Rice, Manager P.O. Box 776 Bayboro, North Carolina 28515 RE: Dredging of Whitaker Creek Drainage Basin: Neuse Pamlico County Dear Mr. Rice: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land -disturbing activity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land -disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty (30) days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainageways, marsh, etc. 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%Post-consumer paper County of Pamlico ATTN: Mr. William R August 30, 1996 Page 2 Rice, Manager Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin, unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment, Health and Natural Resources, is included. The amount of the fee is based on $30 for the first disturbed or affected acre, plus $20 for each additional whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/ sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $500.00 per day for each day the project is deemed in violation. For your convenience, we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, c Patrick H. McClain, P.E. Assistant Regional Engineer PHM:ka Enclosures cc: John R. Parker, Division of Coastal Management State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 20, 1996 ul u 1 — ►11111u1 TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator VYWA 00 [DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Pamlico County PROJECT LOCATION: Town of Oriental, adj. Whittaker Point Rd. On Whittaker Cr, Pamlico Co. PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into Whittaker Creek. Please indicate below your agency's position or viewpoint on the proposed and return this form by September 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. 4A C1tj�j q? FQ This agency has no comment on the proposed project. N"996 \_ This agency approves of the project, only if the recomm changes incorporated. See attached. S i+ This agency objects to the project for reasons described in the attached comments. Signed 1 V L 4A& (0,1"o Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 ��`�C FAX 919 7495 tive Action Employer An Equal Opportunity/Affirmative Voice 919-733-2293 50% recycled/10% post -consumer paper ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHN IR' FROM: William Wescott, Coastal Coordinator Habitat Conservation Program DATE: September 12, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Town of Oriental, Pamlico County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. I I3A-100 through 1I3A- 128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to perform maintenance dredging of a 2,800 ft. x 104 ft. area to a depth of 8 ft. within the confines of the original channel. Waters at the site are classified as SA - NSW and this section of the Neuse River is open to shellfish harvest. Whittaker Creek including both the West and East Branches as well as Tarpon Canal are designated as primary nursery area by Division of Marine Fisheries. The size of the project, areas open to shellfish harvest, primary nursery area, and nutrient sensitive water designation should be adequate to require a moratorium prohibiting dredging between April 1 and September 30. The effluent discharge from the spoil disposal area back into the headwaters of the Western Branch could affect the bottom substrate in this area of the primary nursery. A project of this size will produce a large volume of effluent. To minimize turbidity impacts in this PNA we recommend a separate retention pond be constructed to allow sediments to settle prior to discharging the a vent toWem Branch of Whittaker Creek. We appreciate the opportunity to review and comment of this project. If you need further assistance or additional information, please contact William Wescott at (919) 9274016. V State of North Carolina Department of Environment, 'Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: August 20, 1996 Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History 1I�WA �L L EDEHNR FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Pamlico County PROJECT LOCATION: own of Oriental, adj. Whittaker Point Rd. on Whittaker Cr., Pamlico Co. PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into Whittaker Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10,1996. If you have any questions regarding the proposed project, please con ker at 733-2293 when appropriate, in-depth comments with supporting data are requested 10 1?i�i WW sEP Y81s� REPLY This agency has no objection to the project as proposed. CUASfgt MANAGEMENT This agency has no comment on the proposed project. This agency approves of the project, only if the incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed LP.t— U` Date 4 /3 P.O. Box 27687, N�MC FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293717 50% recycled/10% post -consumer paper North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director September 13, 1996 MEMORANDUM TO: ,/John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Lt. Colonel Terry R. Youngbluth, District Engineer Army Corps of Engineers, Wilmington District FROM: David Brook Le, �,Y 14Le�--�-1W Deputy State Historic Preservation Officer SUBJECT: Pamlico County, Whittaker Creek, Oriental, ER 97-7316 We have reviewed the above permit application concerning Pamlico County's proposal to perform routine maintenance dredging within the entrance channel into Whittaker Creek. In our underwater research files we have references to extensive maritime activities and shipwreck losses in the general project vicinity; therefore, much of the project area holds a high potential for containing submerged cultural resources. However, since this project concerns maintenance dredging within controlled and previously dredged channels, we recommend o archaeological investigation be conducted. Would like-tothat this project should be undertaken with caution. If during construction submerged archaeological materials are encountered, such as Jam` shipwreck remains, it is the responsibility of the Army Corps of Engineers - Wilmington District to notify this office immediat I rsuant to Section 106 of tional Historic Preservation Act of 1966. In addition, the area is protecte y North Caro Ina egislation . . - to , rticle 3: salvage of Abandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which gives the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands, including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Richard Kimmel 109 East Jones Street • Raleigh, North Carolina 27601-2807 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: August 20, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator A � [DEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: Pamlico County PROJECT LOCA Town of Oriental, adj. Whittaker Point Rd. on Whittaker Cr., Pamlico Co. PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into Whittaker Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are re .01]1 C� REPLY This agency has no objection to the project as proposed. cc SAC 1,2/9 96 Nqr� This agency has no comment on the proposed project. C =r!r This agency approves of the project, only if the recommended,'glii incorporated. See attached. _ This agency obj is to the project for reasons described in the attached comments. Signed Date / Ci P.O. Box 27687, Raleigh, North Carolina 27611-7687 CFAX N-4 4 919-733-1495 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 �_ 50% recycled/10% post -consumer paper ~ State -Of; o h Carolina report e of Environment, yeaith n Notural Res tr,�- r? �,� r • Division of- cstci Ma^agem�nt vCVerr',Or - ®E,= H ■ M FR ion —than B. Howes, Secretary Roger N. Schecter, Director NihH61L' : P1V. Of F�l st .1996 NLEMORAN11 •I TO: s .mall. Direct():' Tv,s- i.inds e Ii1't;E+on of Fnyiro1, raa: I-3ealtJ: Of ENVlR%MENIA+ gLdA M FROM: John Parker, 1t. Maior Permits Processing Coordinator SUBJFCr: C- MAA)REDC:F, & FILL Permit Application Re%ie"' APPLICANT: Pamlico Criunty 70747 PROJECT LOCATIO, Town o+ Oriental-, adi. Whit-3k, r Point Rd or. \\'hittatker C r.. PROPOSF,D PROJECT: To conduct maintenance excavar on within the enuance chariot , fete %%littaker Creek Please indi ate bei;,w, , our agens,'s position or v ie«poi:. On tie proposed project :Lid r.'',ern i'r:..`u;:u L Septembgrl0vTO &:"TfWu have ar.c questions regardin , Lhe proposed project please u:ttac+. ?otm ar:.e at 733-'_�93. �Chcn at.pmpriate, n+-depth ton;ments nilh suppo ting data are requested. REPLY This agent} has no objection to the project as proposed This agent}' has no cc+mrne7t on the proposed project. This agency approves of the: project, only if the reconunended changes a e incorporate3 See attached. This agent% objects to the prgiect frn reasons described in the attached comments. pv Date� c, .i ''-2.; r Fko= ca i ♦ U. 331a95 'r; T_ I r i 1, Afi »tive Actor lmaloyer 1. - "'-consumer Paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: August 20, 1996 Mr. Joe Henderson, Acting Director State Property Office Department of Administration A •ram , IDEHNFR ^�192�y122232q S2sa' 2 �° RU91996 ^ceivec� D State o 2 U�68L99b£ FROM: John Parker, Jr. Major Permits Processing Coordinator a RECENE� SUBJECT: CAMA/DREDGE & FILL Permit Application Review NIGEAEa1 � MA APPLICANT: Pamlico County PROJECT LOCATION: Town of Oriental, adj. Whittaker Cr. Rd. on Whittaker Cr., P PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into Whittaker Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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. Signed_ / v O Date P.O. Box 27687, ���� FAX 919-733 1495 Raleigh, North Carolina 27611-7687 N�� C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 BRipiumpiwom 50% recycled/10% post -consumer paper IL State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 20, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator 1�r i..�ilk- FEE 1 H LL ji, t�ly! }�111 Iil SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: CPamlico County PROJECT LOCATION:: Town of Oriental, adj. Whittaker Point Rd. On Whittaker Cr., Pamlico Co. PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into Whittaker Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are reques":i I- f ` IVEg REPLY This agency has no objection to the project as proposed. AUK 27 /996 This agency has no comment on the proposed project. This agency approves of the project, only if the recommend' es.ar` incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 9 /Box 27687, NZ#4 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Afflrmahve Action Employer Voice919-733-2293 17+R77f*!a 50% recycled/ 10% post -consumer paper Dijiii\i\Yiiii N i\\NY\YiDY,Ii Whitaker Creek Entrance Channel Maintenance Dredging Project The proposed project is the maintenance dredging of the Whitaker Creek entrance channel from the Neuse River in Oriental, Pamlico County, North Carolina. The original channel was dredged about 1970 and subsequently was maintained and deepened in 1976 under CAMA permit #39-76 ( issued 3/10/76) and U. S. Army Corps of Engineers permit # 76-69-03-010( issued 4/1/76). The channel dimensions under CAMA permit # 39-76 were 3200' long with a top width of 104' , bottom width of 80' and a final depth of 10'. Shoaling within the entrance channel has reduced depths to 6.0' ( normal water level) within the channel. During periods of extended westerly winds the water depth may drop an additional 1-2' below NWL thus creating problems for area boaters. The Whitaker Creek entrance channel provides boating access from Whitaker Creek to the Neuse River. There are several marinas and marine related businesses as well as waterfront residences which utilize the channel. Presently, there are approximately 293 slips within Whitaker Creek. The applicant , the County of Pamlico, under this current permit application proposes to perform maintenance dredging of a 2800' x 104' x 8' area within the confines of the original channel dimensions. A highground spoil disposal area located in the Town of Oriental off of Whitaker Point Road is planned for the project. This same highground spoil disposal area was recently used for another CAMA authorized dredging project. Approximately 20,000 cubic yards will be removed from Whitaker Creek by hydraulic dredge and pumped to the 550' x 500' highground spoil disposal site. The dredge spoil effluent pipe will discharge into the upper end of a manmade canal which runs into the western branch of Whitaker Creek. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: County of Pamlico 2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, adjacent Whittaker Point Road on Whittaker Creek and the Neuse River Photo Index - 1995: #78-854; indexed by F-15; E-15,16; D-17; C-16,17; B-17; A-18,19 1984: 2 119 12; indexed by I-8,9; J-9,10,11; K-11,12 State Plane Coordinates - X: 2,693,700 Y: 473,600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/25/95 and 8/9/96 Was Applicant Present - Yes on 10/25/95 5. PROCESSING PROCEDURE: Application Received Complete - August 2, 1996 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1994 Town of Oriental Land Use Plan Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - N/A Planned - N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands - Estuarine Waters and Public Trust Areas 291,200 fe (C) Other High Ground 238,496 f' (D) Total Area Disturbed: 529,696 ftz (E) Primary Nursery Area: Yes (F) Water Classification: Both Whittaker Creek and the Neuse River are SA NSW Open: Whittaker Creek is closed while this section of the Neuse is open 8. PROJECT SUMMARY: Pamlico County is proposing to conduct maintenance excavation within the entrance channel into Whittaker Creek. . FIELD INVESTIGATION REPORT: PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The project is located in Pamlico County on the northeast side of the Town of Oriental adjacent the Neuse River and Whittaker Creek. The project site essentially consists of an existing 3200' long by 104' wide channel leading from the Neuse River into Whittaker Creek. The original channel was permitted to -10' below NWL but has since shoaled in to an average existing depth of -6' NWL. According to the applicant, during periods of extended westerly winds, the water depths drop an additional -1' to -2' below NWL, creating problems for boaters. The entrance channel is essentially straight with the southern end being marked by red channel marker #2 and green channel marker #3 out in the Neuse River. The northern end is marked by green channel -marker #5 in Whittaker Creek where the channel makes a turn towards the Western Branch. The channel continues for another 400' to green channel marker V. Whittaker Creek forks and forms both an East and West Branch. Another tributary, Tarpon Channel/Canal, flows into the West Branch. The Whittaker Creek entrance channel provides boating access from Whittaker Creek to the Neuse River for three marinas, several marine related businesses, and many residences with private docks that all use the channel. According to the applicant, there are approximately 293 slips within Whittaker Creek. The original channel was dredged around 1970 and was deepened and maintained in 1976 under Dredge and Fill Permit #39-76 and U.S. Army Corps of Engineers Permit #76-69-03-010. The high ground project site (location of the spoil disposal site) is located some 4,000' to 5,000' from the entrance channel. This six -acre site is located on Windward Drive in the Town of Oriental. Whittaker Creek including both the West and East Branches as well as Tarpon Canal are Primary Nursery Areas. Whittaker Creek is closed to shellfishing while this section of the Neuse River is open. Both Whittaker Creek and the Neuse River are SA NSW waters. There were no SAVs noted in the area to be excavated. Project Description Pamlico County is proposing to conduct maintenance excavation with a hydraulic dredge in the entrance channel from the Neuse River into Whittaker Creek. Approximately 2800 linear feet of the channel would be maintained. The top cut would be 100' wide while the bottom cut would be 80' wide. The applicant proposes to excavate the channel to -8' below NWL. The excavated sand material would be pumped to a six -acre high ground disposal site located on Windward Drive some 4,000' from the dredge site. The spoil area would measure approximately 514' X 464' in size. An agreement with the Dolphin Company, the disposal site landowner owner, is enclosed. Effluent water from the diked disposal site is proposed to be discharged into a manmade canal which runs into the headwaters of the Western Branch of Whittaker Creek. FIELD INVESTIGATION REPORT: PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project PAGE #3 Anticipated Impacts The project as proposed will result in approximately 291,200 f0 of channel bottom of Whittaker Creek and the Neuse River being excavated to a depth of -8' below NWL. Approximately 1000' of dredging would occur within the Primary Nursery Area of Whittaker Creek. Overall, approximately 21,750 yds3 of sandy material would be 'excavated by hydraulic dredge and pumped to a diked disposal area located some 4,000' to 5,000' away. Increased levels of turbidity would be expected during dredging operation but should be short-term in duration. Approximately 238,496, ftZ of"high ground would be disturbed as a result of the construction of the spoil disposal area. The discharge of the effluent back into the headwaters of the Western_ Branch could affect the bottom substrate in this area of the Primary Nursery Area. M. Ted Tyndall - Morehead City Office - 13 August 1996 i JUL 2 5 1996 •➢aaYiiiiiaio aaiH7Ha68ANih9�'!Y Whitaker Creek Entrance Channel Maintenance Dredging Project The proposed project is the maintenance dredging of the Whitaker Creek entrance channel from the Neuse River in Oriental, Pamlico County, North Carolina. The original channel was dredged about 1970 and subsequently was maintained and deepened in 1976 under CAMA permit #39-76 ( issued 3/10/76) and U. S. Army Corps of Engineers permit # 76-69-03-010( issued 4/1/76). The channel dimensions under CAMA permit # 39-76 were 320V long with a top width of 104' , bottom width of 80' and a final depth of 10'. Shoaling within the entrance channel has reduced depths to 6.0' ( normal water level ) within the channel. During periods of extended westerly winds the water depth may drop an additional 1-2' below NWL thus creating problems for area boaters. The Whitaker Creek entrance channel provides boating access from Whitaker Creek to the Neuse River. There are several marinas and marine related businesses as well as waterfront residences which utilize the channel. Presently, there are approximately 293 slips within Whitaker Creek. The applicant , the County of Pamlico , under this current permit application proposes to perform maintenance dredging of a 2800' x 104' x T area within the confines of the original channel dimensions. A highground spoil disposal area located in the Town of Oriental off of Whitaker Point Road is planned for the project. This same highground spoil disposal area was recently used for another CAMA authorized dredging project. Approximately 20,000 cubic yards will be removed from Whitaker Creek by hydraulic dredge and pumped to the 550' x 500' highground spoil disposal site. The dredge spoil effluent pipe will discharge into the upper end of a manmade canal which runs into the western branch of Whitaker Creek. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 0 P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 24, 1996 Regulatory Branch Action ID No. 199604948 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 Dear Mr. Parker: Reference the application of the County of Pamlico for a Department of the Army (DA) permit to undertake maintenance excavation activities within an existing access channel to Whittaker Creek, located off Whittaker Point Road, in the Town of Oriental, Pamlico 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 condition(s) be included in the State authorization: -�� 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 3. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 4. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 2 5. Excavation will not excefeet below the elevation of mean low water (MLW) . \\�J�J�� 6. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 8. 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 A" \� u _2_ waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely Raleigh and, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO L ATTENTION OF (� -1 Regulatory Branch Action ID. IIIq q) I% O g 1y A Applicant Couh4 0+ FC%M 1 i LO Waterway (.t{1;{�-��C�r C,VGLIk County 10 i r v Type Work I Nwyt (ZNCY Mr. Larry Hardy Mr. John Parker National Marine Fisheries Division of Coastal Management Service, NOAA North Carolina Department of Pivers Island Environment, Health and Beaufort, North Carolina 28516 Natural Resources Post Office Box 27687 Fish and Wildlife Enhancement Raleigh, North Carolina 27611-7687 U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief . Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: To nes Li Regional Office Division of Coastal Management North Carolina Department of Environment, Heallth and N tural esources ice 901 Nc 2 SS Pursuant to Action ID No. 198000291, the LAMA -Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before 520t4 M b2y_ 2-0 i 114 Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh g rAUG VEO Regulatory Project Manager 1996 ;1L MENT Enclosure 59 _,t91t9 Ltil:_ 41 4'�._'44('i Li 1I'1:-r n.F:l't_1';4r_:1tiW, FILI:N14:1 l: '�F,lj4t I Whitaker Creek Maintenance Dredgi July 1996 ■■ C t 4t A4 .. ,k -Y. iF. NNNNiiii4Y °' �y . fj t •a l r S`aa S ,,, �I" h. f:�: r a �� F.• "'ti 1 6 i� +,,,. #+w '' . .h°l' ` 7PIS.+.">%Nyy. z4,""'-.�...: .,`.( 'it •'t' i `1 > �i;J,�1�'••Z v'7"!�..�F. i+,A/�,.1'i�i^,!I ., LT: ri !;fl R.- 4(�n�� P +!<�. �`.� a/•,.11/�� Y-.n t RfS•I + T .. tT � 'II TL, ~ t I • rl � , 'iAlr� l� 1� M 2 , 1 A. r1 t 1 •j t• T. SM 4 " l a s XI 1 t v1 1— i> t•. J t e� S� r Form DCM-MP-1 APPLICATION ° 2 5 u (To be completed by all applicants) b. City, town, community or landmark Oriental. North Carolina 1. APPLICANT a.*@42*fMd1k# Permit Coordinator Name Dan Forman Address P. 0. Box 357 City Oriental State N. C. Zip 28571 Day Phone 919-249-3000 Fax 919-249-2222 b. Authorized Agent: Name County of Pamlico Address c RQx776 City Bayboro State N. C. Zip 28515 Day Phone 919-745-3133 Fax c. Project name (if any) Whittaker Creek Dredging Project NOM Permit %0 be issued in name of laidox r(s), and/or project tune. 2. LOCATION OF PROPOSED PROJECT a. County Pamlico Revised 03195 c. Street address or secondary road number Whittaker Point Road 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) Neuse River7Whittaker 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. Maintenance dred in of channel _ 2 00' x x SO ' xide b. Is the proposed activity maintenance of an existing project, new work, or both? Exist ing/Maintenance c. Will the project be for public, private or commercial use? Public 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. Allow for boat access to marinas and boat yards. Access to a "Harbor of u uge . BOARD OF'COMMISSIONERS DOUG BRINSON. CHAIRNIAN TOWNSHIP .6 LINDA FODREY AT LARGE COUNTY MANAGER CLERK TO THE BOARD BILL RICE COUNTY ATTORNEY JANIEs R. Sum COUNTY OF PAMLICO POST OmcE Box 776 BAYBORO, NORTH CARouNA 28515-0776 (919) 745.3133/74r-5195 FAX (919) 745-5514 July 3, 1996 Mr. M. Ted Tyndall Field Representative N.C. Division of Coastal Management Post Office Box 769 Morehead City, North Carolina Dear Mr. Tyndall, BOARD OF COMMISSIONERS EDSOLL J. HUNNINGS TOWNSHIP *1 ADRIAN WHORTON TOWNSHIP *2 JOHNNIE TRIPP TOWNSHIP #3 CARL OLUSON TOWNSHIP 04 EJU C JR. 2 5 1996L50 L3 Mia 0 Iw>ueauwu�o,►r>,>,naasanlf� This letter is in response to your letter of December 1, 1995 to Mr. Dan Forman (acting on behalf of Pamlico County and the Whitaker Creek Dredging Association) requesting additional information concerning the Whitaker Creek dredging project. The following responses are provided per your request: 1. A narrative description of the project is enclosed 2. The proposed excavation will occur within the cross -hatched 2800' x 104' area depicted on the survey performed by A. Hugh Harris, Jr. Dredging will occur throughout the channel within these. dimensions. The channel isbounded by two red triangular and four green rectangular U. S. Coast Guard maintained channel markers. 3. Spoil site location is shown on enclosed aerial.photograph. 4. Drawings have been.modified to clarify proposed. project plans. 5. A copy of CAMA permit # 19-76 detailing previous maintenance dredging at the site is enclosed. 6. It is requested that since this is a publicly sponsored maintenance project that the public notice in the newspaper suffice for notifying adjacent riparian property owners. 7. The inconsistency concerning highground excavation has been deleted. AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Page 2 July 3, 1996 8. At this time, no public funds have been formally requested, authorized or expended on the project. The county's involvement is an endorsement for the need of the maintenance dredging based on the community wide significance of the project. Furthermore, based on a review of the DEHNR rules for Implementation of the N.C. Environmental Policy Act (SEPA or NCEPA) an Environmental Assessment should not be required for the proposed project. As provided under NCAC 1C.0504 (1) (f) "diked, highground dredge material disposal areas" and under NCAC 1C.0504(4) (1) "existing and approved . highground disposal areas" the proposed project would be considered a non -major activity. If you have any additional questions, please contact Dan Forman at 249-3000 or Bob Deaton at 249-1180. Sincerely, )y/- - / , Martin Beach County Manager smw cc: Dan Forman and Bob Deaton, Whitaker Creek Dredging Association State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management �A James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary V Roger N. Schecter, Director Mr. Dan Foreman P.O. Box 357 Oriental, NC 28571 Dear Mr. Foreman: August 13, 1996 The Division of Coastal Management hereby acknowledges receipt of the application that you submitted on behalf of the County of Pamlico for Stake approval for development in Whittaker Creek. It was received complete on August 2, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 16, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cordially yours, l / M. Ted Tyndall Field Representative MTT Enclosure cc: John Parker Charles S. Jones P.O. Box 769, 3441 Arendell St., Morehead City. North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 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 Jonathan B. Howes, Secretary ID E H N FR Roger N. Schecter, Director October 21, 1996 Mr. Dan Foreman P. O. Box 357 Oriental, NC 28571 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and Dredge and Fill permit to conduct maintenance excavation within the entrance channel into Whitaker Creek, in the Town of Oriental, in Pamlico County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make December 30, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, ai r. John .Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: Ted Tyndall DCM-Morehead City P.O. Box 27687, Me" CFAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal FAX Action Employer Voice 919-733-2293 , 50% recycled/ 10% post -consumer paper BOARD OF COMMISSIONERS PHILUP PRESCOTT, JR. CHAIRMAN AT LARGE LINDA FODREY AT LARGE COUNTY MANAGER CLERK TO THE BOARD Blu- RICE COUNTY ATTORNEY JAiom R. SUGG SSIONERS OMM•1I EDSOLL J. HUNNINGS TOWNSHIP D' WNORTON`a �A-6WI4SHIP f2 TRIPP WL,d �pNWN1E COUNTY OF PAMLIC......... ...' SHIP .3 POST OFFICE BOX 776 CARL OLISON SAYEGH% NORTH CARouN 28515-0776 TOWNSHIP .4 (919) 745-3133/745-5195 DouG BRINSON FAX (919) 745-5514 TOWNSHIP n5 December 18, 1995 Mr. Ted Tyndall Field Representative North Carolina Division of Coastal Management 3441 Arendell Street Morehead City, North Carolina 28557 Dear Mr. Tyndall, The Board of Commissioners of Pamlico County endorses and supports the application for maintenance dredging of the Witaker Creek entrance channel. The dredging is considered critical to retaining access to a harbor of refuge for privately owned sailing vessels for our citizens. At such time as this project is funded and prior to its initiation the provisions of NCGS 113A will be accommodated. smw Sincerely, Q4.�t�Jc �Ju x � J. Douglas Brinson Chairman AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER "IM"m eY HOItOYnt A "011OW W ATTORNEYS AT IAa MYMAO. NC 2A515 NORTH CAROLINA PAMLICO COUNTY JUL 2 5 1. THIS AGREEMENT, made and entered into thidauy"Aa of,. March, 1995, by and between THE DOLPHIN COMPANY OF ORIENTAL, INC., a North Carolina corporation, hereinafter referred to as "Dolphin", and WHITTAKER CREEK DREDGING ASSOCIATION, hereinafter referred to as "the Association"; W331NEs SET x: WHEREAS, the Association is an unincorporated organization comprised of landowners and business owners along Whittaker Creek; and WHEREAS, said owners would be benefitted by the dredginq of said creek; and WHEREAS, the Association has applied for both (1) permits from the various agencies, and (2) public assistance in connection with said project; and WHEREAS, in the event that said permits are granted, and said public assistance is received, it will be necessary to secure an area of land over which the dredged "spoil" may be placed; and WHEREAS, Dolphin owns land near the area and has agreed to grant an easement for saiLd purpose, subject to the Association indemnifying it from any lobs. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1) Upon receipt, by the Association, or its successor or assigns, of the permits and/or the public assistance, Dolphin will execute and convey an easement to the Association, or its successor or assigns, over that tract bounded on the west by Highway 55, on the south by the Town of Oriental's "well lot" and Gilgo Drive, on the east by the lands of Joseph L. Gwaltney, and being more particularly shown on that map entitled "PROPOSED ANNEXATION FOR THE TOWN OF ORIENTAL" by McKim and Creed Engineers, Planner and Surveyors{ dated September, 19884 Said easement shall be for the purpose of constructing a dike pond for the depositing of the spoill1dredged from said creek,' 2) In consideration of. Dolphin conveying said easement, the Association shall: a) Pay to Dolphin the sum of TEN THOUSAND ($10,000.00) DOLLARS. b) Execute an Inde6mnification Agreement indemnifying Dolphin from any and all damages, claims, and liability resulting from the construction and ude of said easement, c) Upon completiod of the project, the area will be returned as near as possiblu to its or glnal state, including) i YRIVAR[b IT NOLLOV LLL 100LWW 11 ATTORNAS AT IA. IATWAO. NC :ass IF grading and seeding. The Association agrees to perform these tasks within 9 months of the completion of the dredging, or as soon as the site has dried out sufficiently to allow the grading. 3) Said easement shall be for a duration of three years, beginning.with its execution. IN WITNESS WHEREOFI Dolphin and the Association, each have caused this instrument: to be signed in its name by its President and attested by Its Secretary) this day and year first above written. ) ATTEST: retary (CORPORATE SEAL) THE DOLPHIN COMPANY F ORIENTALL INC. By! S President JUL' 2 j(WEITTAA:BA CABER b G ASSOCIATION . iiIIPP. �— byi President NORTH CAROLINA PAMLICO COUNTY It M/fR61E 0. .57,grFORD , a Notary Public in and for said county and state, certify that F N. T Fr.1T personally appeared before me this day and being by me duly sworn, acknowledged that he is Secretary of THE DOLPHIN COMPANY OF ORIENTAL, INC., a corporation, and that by authority duly given and as the act of corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself as its Secretary, rN Witness my hand and official seal this the ds day of ,QPRiL , 1995. My commission expiress Olftd a? ApOiy MARGIE B. STAFFORD NOTARY PUPIJC ON UNM 11V 'I 2"Ork! AHYIDN asonvis '9 31DUVW v