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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 vlt7 h "1:1" ? \\ ti y f T.•` O L ti ?v J ? s 1 VVV"' / ; 1 , q Lf, we ? ? J N O h off Fri ---------------------- - ---------------------- J:t ?r I _ 4??AS 1rp 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 o -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 4 2 ? k o Iv sp u 44. o I? ? Al pj'yyi* h 17 ?o ? a J vh v r 0 r SNc`? ! o? 2 0 Re w excava:re ? f? Mew I so ?p??os ed I i ` I '8047' q I- ?? - 2.0' h{,coo te?el? M N w. 71 "w" 'v ML I COYSlraetloN to b f is 1. err th,4,y or sea w,,O( ?xca???`Qd 5 Al L?w Bu/.l'hegd c(etA?[ ? axcaY?edancu, Ss ,Vo ScrcLe ??, pul,?'HeAbrd A I rt n a q t: covera'l / (X To he p,?rkiNy Jh"a „ w,fN gra veL f SWIG ?r•eo, >`o ???? C,g?fer?f Go. ?if?e C?oA7` 1?'at/r t b"e SKc- r 2 olc- 2 -- 7 800 p?rrY?ir5,4rca o d"'114 \?70 ?/,iyArea (Aivhy Peom water t 6 +"ovNd1c4t water- ",vo& (7'0 7fiis ??'q ?. OFF (A,? \ ( /Mitchiriica.a??/ 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 u O,( r -11? Rev. In/,g sr.c rr.??I.l;s: st1r. r?rr r,t,vL.1Nf+ INSI I:I)Cflc)!JS o ---------------------- r J? Hb ` rlr `r r o ? ? n ? ? a r ? c c / t? 1 ? y 2 ? 4 X?p vc Q 4 ?? 1 j -A \ ?j- . VAP Seta R ?z o ? i' rb ? `P,+• a 4. ?( \J O 13 7 v ti r I . d \? r-''lrld J-1-9/-•c/ ;• 7H.?;P pb3Y,?/*? ?? aifrc9 ,Ilya Af7N t, ,4aN papatill IWI-p -+4VYM ? MPA9 I; iOS ' ,f/ - wqjryO ?Y4p )0"l wy%,,,? .5 N s, ?•h -,?''??q r,-7-7 A 'A '/I 47 x (ti'-k Ate' 1 ?,I ./ oa4y 7rA/S J S -f' /i 94 ?oNna -+a,?yM l ?'C,,p o,? r?iy ?iviyc,rd W°g ? •1 Y? 771?'S eef O-o AP.'' i q ° omr.trtl a ?l> • ? ?l•?tfX3 ' ,M-7 w • Mani ,rlcv I? I' II iz-' i%? IF 3 i Q _ ?? x 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 u Applicant's SiJ;naturc p Rey. t11111178 SIM I'ni INtihlttl('f.l()PJS t ti I -i -t ty -q S -? Iz- ` Its Y T h " v Wo c? V o ? v? o 17 lJ i?v ez, ----------------------rl ? v\ , ?' j ) - / ---1?of- 10v -7? 1? ?bor- 44 Lij h a exca Mew . 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