HomeMy WebLinkAbout19870364 Ver 1_COMPLETE FILE_19890419r I 'k
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 19, 1989
ItEM0RANDUM
To: John Parker
From: ill Mills
Subject: Proposed CAMA Major Permit - Modification
Kenneth Willis
Carteret County
The Subject application has been reviewed for Water Quality considerations and the
following comments are offered:
a) The proposed modification will not require a 401 Water Quality Certification.
b) The proposed building does not require an approved stormwater management
plan due to the size. However, drainage from the building should be directed
away from the nearby surface waters and boat basin area in order to minimize
potential stormwater effects.
We have no objection to the proposed permit modification.
cc: Preston Howard
. %
I-2E-I°89
navirl Noble
Dir.of Coastal .l.
P.O. Roy. 7L.Q
r'orehead Cit7,,N.C. 28557
-Dear 1Rr. Noble:
V11'. VT'1 I Al 'IS ??Nl) SONS
"13o-: 1j,id ler.s fc,; 1 hrcc Gc'nciaf:;il:,
'TLLE v,r-z Ane? Cpc1 913 7.^. _541
1. ARSHAL'-DERG NORTH C kGLf!;A ZEr.5-
Lfr
I w1sh to reauest a modificatictr o", State 7er;?it '!;I-87 whjch
was issued to rc at r^s railway's racilit,y in '"arshall.berg-Carteret
County. T_ would like oermission to construct 3 I-17L-OTXI2'high stora-e
building on r?y property iTnmediatel- east of my travel lift.
plot showing the location of this building is attached. If
yo;_i vis-ve anv ouestions concerning this matter olease contact me.
Yours 'ruly,
ennc -'. 1711lis
1., ill is & Sons Foat7.Torics
P.O. Fox ?c
1v'arshallberg,.N. C. 29r-53
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 12, 1987
SUBJECT: File No. SAWC087-N-016-0164
Mr. Kenneth 14. Willis
Post Office Box 99
Marshallberg, North Carolina 28553
Dear Mr. Willis:
C1
C
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-f).{ r/0,11Srr? I
Reference your application for a Department of the Army permit
to excavate a basin and construct bulkheads off Back Sound and
Sleepy Creek, near Marshallberg, in Carteret County, North
Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWCO80-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
If any change in your work is required because of unforeseen
or altered conditions or for any other reason, plans revised to
show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any
such change or alteration. Such action is necessary as revised
plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. William Mills
Water Quality Section
Division of Environmental
Management
I"/North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402.1890
February 6, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-016-0164
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
J1 ":
Reference the application of Mr. Kenneth W. Willis for a Department of the
Army permit to excavate a basin and construct bulkheads off Back Sound and
Sleepy Creek, near Marshallberg, Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. An earthen plug will be left between the basin and Marshallberg Harbor
until excavation landward of the plug has been completed. To prevent
unnecessary sediments from reaching adjacent waters, 24 hours will be allowed
to elapse before the plug is removed.
b. All excavated materials will be confined landward of the normal water
elevation contour and any irregularly flooded vegetated wetlands.
c. No vegetated wetlands will be excavated or filled.
d. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
e. Excavation will not exceed 5 feet below the elevation of normal water.
Questions or comments may be addressed to Mr. David Baker, telephone (919)
343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
-2-
Copies Furnished:
r. William Mills
ater Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
or t.
Permit Class Permit Number
NPW STATE OF NORTH CAROLINA 41-R7
Department of Natural Reso' fnd.Community Development
'
Coastal Res ices Co'ilitission
fog-?
® Major, Dev lopmentin"art?...oca ? Wonmental
Concern p i an to_N ..?: ;I ; $
r, .i
* ??R11 1:.17 •'® Excavati nUdIbrT kq&ptusuant to NCGS 113-229
Issued to
authorizing development in Carteret Countyat Back Sound and Sleepy Creek, near
Marshal 1 berg Harbor as requested in the permittee's application dated 12/16/86 including
attached plats, 2, dated 12/16/86
This permit, issued on?? 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp populations no excavation or filling
will be permitted between April 1 and September 30 of any year without
prior approval from the Division of Coastal Management.
(2) An earthern plug will be left between the basin and Marshallberg Harbor
until excavation landward of the plug has been completed. To prevent
unnecessary sediments from reaching adjacent waters, 24 hours will be allowed
to elapse before the plug is removed.
(3) 1Jo marsh grass will be excavated or filled.
(4) Excavation will not exceed 5 feet below the elevation of normal water.
(5) The temporary placement or double handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
(See attached sheet for Additional Conditions)
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. 1990
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owcna, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee
E
Kenneth W. Willis
ADDITIONAL CONDITIONS
Permit #41-87
Page 2 of 2
(6) 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.
(7) The disturbed areas will be properly graded and provided a ground cover
sufficient to restrain erosion within 30 days of project completion.
NOTE: In order to conform with current water quality standards, no parking should
be allowed within 30 feet of the harbor (shown as existing road to the
proposed boat..basin-on the work plats).
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10, 1978, for bulkhead construction.
NOTE:. The perm.ittee and/or his contractor is urged to meet with representatives
of the US Army Corps of Engineers and/or the Division of Coastal Management
prior to project initiation.
NOTE: The project Js expected to increase mosquito breeding problems due to
the ponding of runoff water. For information regarding adequate mosquito
control measures, contact the Vector Control Branch at (919) 733-6407.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water QuaUtij Section
FebAUaty 26, 1981
,MEN O RAND UM
To : John Patke,%
From: zut hfi,m
Subject: AppUcati,on SoA CAMA PeAm,it
Kenneth (V,i U i s
Cattaet County
The Subject appLi.cation has been nev.Lewed Son water quaZity impacts
and tte SoZZow.i,ng comments ate o66ered:
a. The project does tequiAe a 401 CeAti6ication but meets .the Ae-
qu,i.tements 6or Genera.- CeAti6icat.ion 6oA bulkhead consttuc ti.on.
b. The new boat basin will be aass.i6.ied as SC wateA. Mauha tbu)tg
HatboA is class.ig.ied as SA. Regulation s in 15 NCAC 2H .0408 (e)
(1) (B) ptohib-ct?s buc.Pt upon atcea w,& thin 30 beet o6 sun6ace waters
(,VHW) classi6ied SA; however toads, boat tamps,- btcidges, and
walkways ate allowed within 30 beet .i6 they meet cv tcrin manage-
ment p tactice?s . The patk i.ng area that is within 30 beet o6 the
MHW ob the hatbo,t should be constAucted as a roadway (present
road is in this aAea) with no patk,utg allowed in tfiat area. Plans
to slope dtur inage catty 6AOm -the su 6ace waters conimn to .the
management practices de?schibed in .the. Aegu ation.
BM/h
cc: Preston Howaxd
?
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 4, 1987
MEMORANDUM
To: Bill Mills
Operations Branch
From: David H. Cotton
Wilmington Regional R/ce
Through: A. Preston Howard, Jr. ??
Wilmington Regional Office
Subject: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Kenneth Willis
Carteret County
The applicant proposes to construct a basin and to gravel an existing parking
area. The project is adjacent to Marshallburg Harbor classified SA and currently
closed to shellfishing.
The project has been reviewed to determine impacts to water quality. The
following comments are offered:
1. The project requires a 401 Certification, and it meets the condition of a
general certification for bulkhead construction.
2. The project has been reviewed with respect to stormwater runoff controls.
The project meets the density limits of 15NCAC 2H.0408(e)(1)(A) with
respect to percent effective impervious cover. The project effectively
meets the requirement of 15NCAC 2H.0408(e)(1)(B) dealing with
-9" development within 30 feet of MHW by directing all runoff from the parking
area away from Marshallburg Harbor to an area greater than 75 feet from
I MHW. The project therefore is deemed consistent with 15NCAC
2H.0408(e).
3., This office has no objection to the project proposed.
SPA ? r?.,.
DHC:APH:bc
cc: DCM - Nelson G. Paul
WiRO
CF
.... ?. .. . y J
Long. r76 .31 14
1. Applicant's name Kenneth W. Willis
2. Location of project site Marshallbercr Harbor at- end of SR 1347•
Marshallberg, Carteret County, Photo ref. 37-1453-H-4
3. Investigation t,,.ne: Ur(-1 Dill XX
XX
4. ILtvet:ti"ativc procedure: (A) n;tes of site visit 12-15-86 _
(Ii) Was a pplicaut presentees
5. Processing procedure: Applic: Lion received 12-17-86 Office Morehead City-
6. Site description: (A) Local. Land Use Plan Carteret County
Land cla:;: ificatioti from LUP Community
Development constraints identiied in LUI' None identified
(B) AEG(s) involved: Ocean-Hazard
Coastal wetlands
Estuarine waters x
(C) Water dependent: Yes x
(D) Intended use: Public
(E) Type of waste water.treatment:
Planned None
Estuarine shoreline
Public trust waters
Other •
X
X
No Other
Pr{vate Commercial x
Existing Septic Tank
(F) Type of structures: Existing Boat repair facility/railway
Planned Boat basin/travel lift.
'(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description:
AREA.
(A) Vegetated wetlands: Dredged Filled Other
(B) Non-vegetated wetlands:
(C) Other:
(Highground).Basin: 1250 SF
Grading:
2QD-?F
(D) Total arca di.,lLurbed: Spoil: 42,450 SF 10,000 SF
8. Project suttunary-
-Ap;ili____cant- nroposcs-_to-excavate-- -bnat-Jaasin_.-to i_nstall?--.---
agavel lift and QKade a _par_}Liag lot anti boat storage area. Property
is located at end of SR 1347 at the hiarshallberg_Harbor in Marshallberg,
Carteret Countv.
9. Narrative
Applicant's property is a 4 acre tract located adjacent to
Back Sound and Sleepy Creek near the Marshallberg Community
Harbor in Marshallberg, Carteret County. The property is
characterized by 2-10' elevations having previously been
used for a spoil area for the adjacent basin excavation.
The applicants operate a marine railway facility on the
point of this peninsula and this consists of two railway
systems along with a warehouse and boat construction
building and dockage adjacent to the facility in the boat
harbor. The applicants provide a wide range of services
ihcluding haulout, general repairs on both steel and
wooden boats and also painting.
In order to increase the versitility of their facility
the applicants are presently proposing to construct a
basin*on their property adjacent to the boat harbor in
operating a marine travel lift over this feature. Adjacent
areas will be graded in order to facilitate parking of boats
while they are being repaired.
10. Anticipated Impacts
This project will involve the excavation of 1250 sq. ft. of
high ground in order to facilitate construction of the
proposed boat basin. Around the perimeter of this boat
basin 125 lin.ft. of.bulkheading is proposed and spoil
from this excavation will be placed over 10,000 sq. ft. of
high ground approximately 200' from the excavation site on
high ground. The adjacent area which will be used for the
boat storage will be graded and this will involve another
31,200 sq. ft. and all elevations will be such to facilitate
drainage of water away from the basin which will be ponded
on the east side of this parking area. Here the water will
be allowed to evaporate.
Adjacent waters are classified as SA according to the Division
of Environmental Management and are currently closed to
shell fishing in the basin and open to shell fishing in the
straights according to the Division of Health Services.
Submitted by; Nelson G. Paul Date December 29, 1986
1 • • YLRMIT TO CXCAVAIC ANO/Olt Flll ?/?
I •WATCRQUALI TYCIUMFICAT7UN
I EASEMENT IN LANDS COVL•1:CD BY WATCR CAMA PCItA111' FOR MAJOR OCVI:LOP,NI
CNf
Drpirtmcnt of ?ldminlttrjtion ?
(GS 1. merit Stat: of North Cdrotinj .
Dcputmrnt of Nittivol Rrwurtci ind Community Devclopn,cnt CDeputmcnt n the Army
• (GS 113.229, fAJ•215.3(?)(1), 143.215.3(c), I IJA:118 orps of l.ngiccrt, 11'd,n,?iton Ui
(33Crk 2t,g,30• ?•
Please type or print inc fill in all blanks. If informatiun is ttot applicable, so indicate by pl c no „ hl; r
1. A ' Ilea LJ??-1UL? -U?
PP nt Informs un
.`- A. Name
tiA 'p'_
13. Address
Last
'h•ef? - ---------------------
First Mlddlc _
btrcct, P. 0. Box or Route
City or Towo State - Zip Code c
If. Location of Pruposed Project: Phone
A. County 1^?PI• P?`- '
• D. 1. City, town, community or landmarkf?'j-
2. Is pro, osed stork within city limits? Ycs- No
C. Crock, river,. sound or bay upon which project is located or nearest named body of water to pro;ect ?O? E' O!c/te,? ,
(Il, Description of Project • .
A. I. Maintenance of existing prrtjce.t 2. New work yPt? t?n4Tr /??f//Y
B. Purpose or ca c a'.1 i u n or III -----------
1. Access ch,tnnrl__ Irng1l, *T_widtll ,
2, l;u:ri ba;irt _ ---•-------tlcpth
length--?Widlh - depth -5- hLly --
3, hill arc l N?d length _ _st idth _dcpth
4. OthcrIcnFth width_
C. (. (3ulkhcad Itvtg;h ? sr depth _
--?-.- Average distinct: waterward of'.11-1W (shoreline) lv010e
2, 1")•pc of bull brad consttut.tiun (ntalcrial) --
U. LaC.t"Icil material (tot.ll for project) I. Cubic y.trds AM C/ 2. Typc of matct sal ONd ->s- cad
E. Dill m.tlcri,tl to hr placerl bcluw N;I I%V (sec also VI. A)
1, Cubic yards - *0t, 'P • 2, Type of ntatcrial
IV. Land 1•ypc, Dkpt,s.tl Arc.t, and Construction Fquipntt•nt: A. Does iltc art•a to hr exc.1vatcd in:lude an)' MN 011-111d. swans •
• ps or other wctf.utd. Yes Na _
I3, Does the dopn.al area ineluJc Jrly ntarshl.tnd, ssvantvs or other ssclland? Ycs No t/
C. Disposal Arex .
2, .Do you chin title 1n di?pusal area?
----------------
• D, fill nt,11C6.rl "t,urce if dill is to hr Irui t.rd in
1;, Iluss will c\i.rt•.r1cd 111.11t'ri.,l I,c tnUalt, ca,uul crusitul contrullt-d?_/? 7` rq ,?j - - ~~- ----
r ;.
( ---
rj pc 111 0111iltr:tu'rtt Ili lit'
Q. Will nt.uslrl.ut.l br trt,.+rtt in t,.ln,purlin? ttlrlil,,;t;ttt Its I 'ujcCl silt? If yes, rcplairt
?t : O
lit
A 1. Private
2. Commcrci,rl 16dA7GS/N ?` / r?rG?iyS • ?c? ?%i!/ /it?P fir.{/ (?? t
3. (lousing Development or Industrial
4. Other
13. 1. Lot size(s) -100' k /60
2. Elevation of bo(s) above mean high wile(---
3. Soil type and texture .SQN??!i
4. Type of building facilities or structures
S. Scwage disposal and/or waste water treatment A.. Existing A Planned
4kA
B. Describe
6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL COSlNIUN11"), RUPAL
CONSERVATION OTHER (Sec CAh1A Local Lard Use I'lan Synopsis)
VI. Pertaining to Fill and Watcr Quality: A. Does the proposed prciedinvolve the placement of fill materials below mean high water? Yes--No
Q. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project eornple• on? Yes-No
2. Type of discharge _ .4
3. Location of discharge-
VII. Present rate of shoreline crosion•(if known): _ *Olt' IP
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engincers or State permits for T
work in project area, if applicable: A
IX. Len flh of time required to conip!cte project: l ?i?U /I'l0%27?i 5
X. In audition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or ether instrument under which applicant
claims title to the affected property. OR if applicant is not claimi, to be the owner of said property,
then forward a copy of the decd or other instrument under which the owner elaims.ti.tle plus written
permission from the owner to carry out the project on his land.
B. Attach.tn accurale work pl.tt drawn to scale on BY, X 11" white paper (sec instruction booklet fer
details). Note: Orioiu.ll drawings preferred only high quality copies accepted.
C. A copy of the application and plat must be served upon adiacent riparian landowners by registered nr
certified mail or by publication (G.S. 1 13.229 (d))Entcr date served _ __T_Z_-Z7 -?
D. List names and complete addresses of the riparian I:indowncrs with property adjoining a, plic,:ni's.
Such owners have 30 days in which to submit comments to agencies listed below.
?i-tc?iie a--z. ib???? , ?.y•es . ??ti f?.cL /?.?ff.1/,aGGbrr??/G ?sr3
XI. Certification requirement: I certify that to the best of my knowledg(., the proposed :etivi!y complies
with (fie State of Noi th Carolina's approved coastal manaLernent program and will be conducted in a
manner consistent with such program.
XI1. Any permit issued pur>!tanr to this ;tpplic.rlioll wiil allrn:' only the drv: to{uner;l descriLr,i in this a{pli
c.?liw1 and plat. A{+plir.utts sh+luld.thrrcl?+re descrihC ill tltc anpliC.11iun ;:rrd plat ;tll anticipated dCVrl
opmcnt acticitics, includin{; Construct 011. csCavatioll' filling, ;;nd land Clrarinl;.
;r
. " Applic.urt's tiil;traturc
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4.,IAN 2 1987
KK
COASTAL RESOURCES COLVA,
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor December 30, 1986
S. Thomas Rhodes, Secretary
Mr. John R. Parker; J ., Chief
Major Permits Process ng Section
Offices of Coastal Mana engAt
Ra-le gh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
David W. Owens
Director
Kenneth W. Willis _
Applicant's Name
Marshallberg Harbor, MarshallhPrg C'art-arat
Location of Project County
XX for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencies having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is covered on the reverse
side; XX attached; will be forwarded later.
File att., incl. ck, cmts;
PN to follow; cps to Sin cerely,
Wil fild off, COE, DMF
this date. '
4-L, d / Charles S. Jones, ief
Field Services Section
CSJ:ap:3566
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action Employer
L
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
January 8, 1987
SUBJECT: File No. SAWC087-N-016-0164
I'•;?! 1 ? 11c?r
Mr. Kenneth W. Willis
Post Office Box 99
Marshallberg, North Carolina 28553
Dear Mr. Willis:
V ,'!A ,'r '1 N
On February 6, 1986, we renewed general permit No. SA14CO80-11-000-0291
(enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received January 2, 1987, for a Department of
the Army permit to excavate a basin and construct bulkheads off Back Sound and
Sleepy Creek, near Marshallberg, in Carteret County, North Carolina, indicates
it to be a candidate for Federal authorization under this general permit.
Accordingly, the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be written and informed of its further management. If
there are no unresolved differences of State-Federal positions or policy, the
final action taken on your application by the State will result in your
receiving written notice from us that your application has been successfully
processed under our general permit. Only after receiving such confirmation
should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act, has
been assigned No. SAWCO87-N-016-0164 and will be coordinated by Mr. David
Baker. lie is available to address questions or comments you may have at
telephone (919) 343-4642.
Sincerely,
Charles 11. Hollis
Chief, Regulatory Branch
Enclosure
T -2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
F APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND-WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community Development hereby
gives public notice as required by NCGS 113A-119.(b) and 143-215 3(a)(1)
(c)'that Kenneth W. Willis of Marshallberg,
North Carolina filed an application on December 17, 1986
fora permit from the Division of Coastal Management to develop in an
Area of Environmental Concern and for certification from the Division
of Environmental Management that a discharge of fill material in project
wetlands will not violate.applicable water quality standards. •
According to said application applicant proposes to excavate a boat
basin and•install a travel lift and grade a parking lot- and boat
storage area in Marshal.lberg Harbor.
A copy of the entire application and additional information may be
examined (or copies furnished upon request and payment of reproduction
costs) during normal business hours of the Division.of Coastal Manage-
ment Nelson Paul, marine Fisheries Bldcr., Morehead Citv, NC
and/or the Division of Environmental Management David Cotten, NRCD
Rectional Office, 7225 ulrightsville Ave., Wilmington, NC
The Division of Environmental Management proposes to take final action
on this water quality certification on or before February 6, 1987
The issuance of the CAMAA Major Development permit and the Section 401
Certification may deviate from this projected date depending upon the na-
ture of the comments submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in writing to Mr.
David Owens, Director, Division of Coastal Management, PO:'Box 27687,
Raleigh, N. C. 27611 prior to January-27, 1987 fob consideration
in the CAh5% permit decision, and to I•Ir. Bill Mills, Division of Envron-
•mental Management, PO Box 27687, Raleigh, N. C.•27611 prior to
January 27, 1987 for consideration in the water quality certifi-
cation decision. Later comments on the CA.^NIA application will be accepted
and considered up to the time of permit decision. Project modifications
may occur based on review and comment by the public and state and federal
agencies. Notice of the permit decision in this matter will be provided
upon written request.
I '
PubPish.on January 12, 1987
VL,KA L, %I 1.1/1101,' 1L, I• It ILI t ili l'.l'I E. 14 1 i Cll.. -j -2 'i.J 1J
FIELD 1NVLS'IIGATIOt4 t:i?PORT Long. 76 31 14
1 r ?Aj Plicant's namr. Kenneth W. Willis
2. Location of project site Marshallbercr Harbor at- end of SR 1347
Marshallberq, Carteret County, Photo ref. 37-1453-H-4
3. Inve.^,tij;ation type:
(C)
(D)
(E)
4. InvostiEative procedure: (A) Dates of site visit 12-15-86
(B) IM!, applicant present yes
5. Processing procedure: Application received 12-17-86 Office Morehead City_
6. Site description: (A) Local. Land Use Plan Carteret County _
Land classification from LUP Community _
Development constraints identified in LUP None identified
(B) AEG(s) involved:
(E)
1dater dependent:
Urc cii,r. S Fill XX CAMA
Ocean-Hazard
Coastal wetlands
Estuarine waters X.
Yes X No
XX
Intended use: Public Pr{vate Commercial X
Type of waste .rater, treatment: 'Existing Septic Tank
Planned None
Type of structt;res: Existing Boat repair facility/railway
Planned Boat basin/travel lift
(G) Estimated annual rate of erosion N/A Source m /A
7. Habitat description:
(A) Vegetated wetlands:
8.
AREA
Dredged Filed Other
(B) Non-vegetated wetlands:
(C) Other:
(Highground).Basin: 1250 SF
Grading:
(D) Total area disturbed: Spoil: 42,450 SF 10,000 SF -
Project summary--2pp i e-ant ,? vote- a boat- hagi n i-o--ingtall --•-
a travel lift and grade a paring lot and boat storage area. Property
is located at end of SR 1347 at the tilarshallberc Harbor in Marshallbera,
Carteret Countv.
Estuarine shoreline X
Public trust waters X
Other
Other.
9.
10.
Narrative
Applicant's property is a 4 acre tract located adjacent to
Back Sound and Sleepy Creek near the Marshallberg Community
Harbor in Marshallberg, Carteret County. The property is
characterized by 2-10' elevations having previously been
used for a spoil area for the adjacent basin excavation.
The applicants operate a marine railway facility on the
point of this peninsula and this consists of two railway
systems along with-a warehouse and boat construction
building and dockage adjacent to the facility in the boat
harbor. The applicants provide a wide range of services
including haulout, general repairs on both steel and
wooden boats and also painting.
the applicants are presently proposing to construct a
basin on their property adjacent to the boat harbor in
operating a marine travel lift over this feature. Adjacent
areas will be graded in order to facilitate parking of boats
while they are being repaired.
In order to increase the versitility of their facility
Anticipated Impacts
This project will involve the excavation of 1250 sq. ft. of
high ground in order to facilitate construction of the
proposed boat basin. Around the perimeter of this boat
basin 125 lin.ft. of bulkheading is proposed and spoil
from this excavation will.be placed over 10,000 sq. ft. of
high ground approximately 200' from the excavation site on
high ground. The adjacent area which will be used for the
boat storage will be graded and this will involve another
31,200 sq. ft. and all elevations will be such to facilitate
drainage-of water away from the basin which will be ponded
on the east side of this parking area. Here the water will
be allowed to evaporate.
Adjacent waters are classified as SA according to the Division
of Environmental Management and are currently closed to
shell fishing in the basin and open to shell fishing in the
straights according to the Division of Health Services.
Submitted by: Nelson G. Paul Date December 29, 1986
• PERMIT TO EXCAVATC AND10R r ILL 'WATFR QUALITY C11:T1f I1 ,1T1UN
' EASEMENT IN LANDS'COVClU_*D BY WATER CANIA PCRM.l ' f OR ,%lAJOR DLVCLOf AMEN r
Ij -
Depirtmcnt of Adminlstrjtion Stjt: of North Cirulinu '
f (GS 1.76.12) Oepartment or the Army ••
0epirtment of r•r,U,r.il Rr%uur#.cs and Community Ocvclopnicnt Corps of Engineers, 1t•,hnrn
(GSI1)•22b,t1)•215.3(?J(I?.1d3.21S.3(c),IIJA-ll8 (J1CrR:u7.J.0?? stunUrs:
•???.
Please type or print inrd fill in all blinks. If informatiun is not applicable, so indicate by pl c n;
?. Applicant Information _ _________________
_ A. Name
-?, Last First Middle _
E3, Address 0-r y •.
Strcet, P. O. Box or Route
• ZZ_ h IV 2?s`s'3 1i9? 7.2
- 33Y/
City or Town State Zip Code Phone
11, Location of Pruposcd Proicct: '
A. County 64 -te/^Iet
B, I. City, town, community or landmark
2. Is proposed wort: within city limits? Ycs No
C. Creek, riser, sound or bay upon which project is located or nearest named body of water to project ?oP p Ot?/r__ _?
,/i - it,
M. Description of Project
• A. 1, Maintenance of cxictiny prnicct 2. New work /let, ?097r Q
:t Q, Purdx»c of cxcav?tiun or fill • ' •
1. Access chan.ricl Icn};llr?T_widtlt depth _
2. Lu:it lm;in- f (cn th r --- S rjLw
/? Width _21-IL-dept h
3. Fil! .tier ?//A Impdi %vidth depth
4. Other
__ Icngth
depth
C. I. E3ulkhead length --13- 5-^ Avcraoc distance waterwird of..1IIW (shoreline) NOti'`P
2. Typc of bulkhead constructiua (material) ?h1,Afrcl
U. LXC,ri•atcd material (total for project)
1. Cubic yards lQ2. 1•ype of material _ SONei'-r/- e?/,d ,
E. Fill material to he place(l beluv: 11111W (sec Aw VI. A)
• 1, Cubic yards _ 10/f/ 2• Yypc of marcrial _
IV. Land hype, Dispos.if Arca, and Ccsnstructio.rt Equipment:
A.. Dvcs the are. i.10 he cXC,t -AM include any nmrshimid. swamps or other wetl.ind? Yes No _
fI, Doos 1.110 tfisprr..rl art•a in;lude any ntarshfalid. sts•,tntps or other Welland? Yes No
C. Disposal Arc.t'
2, Do) ou elairtt title tct tli?pus:r1. area? --
• l), fill nt,tlcti.il %im(ce if fill is to he trucl.ed in ??_ - -?--?
1,, Ilnty will c\iasatrd nt,rteri.rl hr cnU,tppea and cntsiun etrrttrulled. ?j 7` IQ` ,? W~i J
pe ill e,ltriprurnl 141 Ire ww.l_
0.10%'111 nt.usltLut,l he trn.?rd in Ir,trt,purlin? cr;tripr:rertt it) l' ?~
t Ice! silt:. If ye•, c.?plain _??_____. ._.-.._r.??...w
r U1 l
tr•nl :.
rr, In/ltt ?
V. MICIMC11 Use 01 1'lolcCt Alga (UCscrlbe) <
A. 1. Private
2. Commercial &Af
3. Housing Development or Industrial
4. Other
r
B. 1. Lot size(s) X00 x /60
2. Elevation of lot(s) above mean high water ?1-
3. Suil type and tcxturc S4 "/J:i - A/ti,Q
4. Type of building facilities or structures _ Ore
5. Sewage disposal and/or waste water treatment A.. Existing Planned
B. Describe
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RUPAL
CONSERVATION OTHER (Sec CAh1A Local Land Use Plan Synopsis)
VI. Pertaining to Fill and ll'ater Quality:
A. Does the proposcd•J)rcject*involve the placement of fill materials below mean high water? Yes -No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project eompl •
c}?'on? Ycs-N o
2. Type of discharge
3. Location of discharge- IWO
V11. Present rate of shoreline erosion•(if known): IJ1,51 -? 7 62? fD Al_, !Yz?
Vlll. List permit numbers and issue dates of previous Departnicnt of Army Corps of Engineers or State permits for
work in project area, if applicable: __-
IX. Length of tinge required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claimin, to be the owner of said propc.•rty,
then forward a copy of the decd or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attaclt an accurate work plat drawn to-scale on 8%: X 11" white paper (see instruction booklet fer
details). Note: Orioiual drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian_landov.,ners by rv ,istered or
certified mail or by publication (G.S. 113-229 (d))Entcr date scrvccl 17 - a6
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
.:z Z 2_1
e v or P"qr?i r1?i, c?o?y G.•t/vdi?Y 5 ,__1?r5?/ L G h e? s iC/ G 2?SS? -
XI. Certification requirement: 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.
XII. Any permit issued pursuant to this application will allow only the acv lopl,lent described in this ahpli-
e..tion and plat. Applic•,rnts should.therefure describe in the application and plat all anticipated devel-
oRment activities, including; eomtrue.lion, C\Cavation, filling, .1nd land clr arinll.
DATE
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