1987032 Ver 1_COMPLETE FILE_19880113

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?5EATE
try Q ? ypC
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 David W Owens
S. Thomas Rhodes, Secretary January 13, 1988 Director
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
The State has completed its review of Corps Public Notice
SAWCO87-N-070-0547 which describes a proposal by Mr. Fred Gunn
to place. fill material in wetlands adjacent to West Creek
Canal off the Pasquotank River in the Pinelake subdivision,
Elizabeth City, Pasquotank County, North Carolina.
Based upon our review, we agree with the applicants
determination that the proposed project is consistent with the
North Carolina Coastal Management Program provided that a 401
Certification is received from the North Carolina Division of
Environmental Management.
The North Carolina Wildlife Resources Commission has
requested that the wooded swamp wetlands adjacent to the
proposed project be protected from silt laden runoff from the
proposed fill through the emplacement and maintenance of silt
fencing. In addition, they have requested that all fill
materials be revegetated immediately after placement.
Should you have any questions concerning our position,
please contact Steve Benton, Division of Coastal Management,
at [phone].
Sincerely,
David W. Owens
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Emplover

cc: NC Wildlife Resources Commission
NC Division of Environmental Management

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-070-0547
RECEIVEn
OCT191987
WAFER QUALITY SECTION
OPERATIONS BRANCH
October 15, 1987
PUBLIC NOTICE
MR. FRED GUNN, 3413 Stancil Street, Virginia Beach, Virginia 23452, has
applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WETLANDS
ADJACENT TO WEST CREEK CANAL OFF OF THE PASQUOTANK RIVER, AT THE END OF
PINELAKE DRIVE, IN THE PINELAKE SUBDIVISION, ELIZABETH CITY, PASQUOTANK
County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the site was used as a borrow area for fill material for
other lots in the subdivision. The applicant's property extends approximately
200 feet parallel to the canal. About 100 feet of this is presently a wooded
swamp. The applicant originally wished to apply for the placement of fill
material for this entire length, but has changed his plans to eliminate any
impacts to the swamp itself. The Corps' representative has included a drawing
indicating this change in plans.
Presently, the proposed plans call for the placement of approximately
8,000 square feet of fill material in wetlands. This area has been taken over
by common lawn grass and is currently being mowed. However, some species,
including willow (Salix sp.), lizard's tail (Saururus cernuus), and Carex
spp., are present or have grown in the area. Soils are of an organic nature,
and have wetland characteristics. The applicant states that during periods of
high (wind-influenced) tide, this area is inundated with water from the canal.
The purpose of the work is to create enough lot space to install a septic tank
and build a house. Plans showing the work are included with this public
notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
-2-
the comment period specified
consider this application.
particularity, the reasons f
in the notice, that a public hearing be held to
Requests for public hearing shall state, with
or holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the*District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics,. aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will-not be-made until- the North-Caro-lina- Division- of -Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
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proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
November 10, 1987.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before December 4, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
November 16, 1987, or telephone [phone].

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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
September 22, 1987
REC IV D
SUBJECT: File No. SAWC087-N-070-0547 S r ° 2 3 ;987
; { U-i"'' i rv SECTION
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Mr. Fred B. Gunn for a
Department of the Army permit and a State Water Quality
Certification to place fill material in wetlands adjacent to West
Creek Canal off the Pasquotank River, Elizabeth City, Pasquotank
County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by November 22, 1987, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
Cha s W. to
lis
hief, Regulatory Branch
Enclosure
t
Y
-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. Dave Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested informat' "
not relevant to our project, write N/A not ? f
plicable,). Items 1-4 and 8-9 must be completed for
all projects.
.1 _ APPLICANT
a. Name UN/'
Address .3W 5TA1YC/4-,.q1_
City t1A B,eAGff State PA
Zip - -1 Day phone 909-3Spa YY5 1
)- Landowner or . Authorized agent
b. Project nar'ie (if any)
c. If the applicant is not the landowner, also give
the owner's name and address.
2 LOCATION OF 'PROPOSED
PROJECT
a. ?treet ddress or secondary road number
r /y?7 Pik?,c?lAK_F R &E,6
b. City, sown, community, or landmark
PiN I-A
c. County 8A5aP1,1`,A#A
d. Is proposed work within city limits or planning
jurisdiction? /VU
e. Name of body of water nearest project
4411--_ 5'r C IfZh1 f- C" A /V OLA-
3 DESCRIPTION::AND PLANNED3
_ USE_ OF PROPOSED. PROJECT:
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
lv6rz, Le-I'l ew
c. Will the project be for community, private, or
commercial use?
416 el
d. ? tescribe the planned use oP t e project.
?s lam//-/? ffDrt'?E SO / c4A-
r Dy7 A-A. BSA eAl
4 LAND AND WATER
-? CHARACTERISTICS ??-
a. Size of entire tract f A elrF,e5-
b. Size of individual lot(s) ©o'
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum APNI'
d. Soil type(s) and texture(s) of tract 1,+1VP
e. Vegetation on tract _5AIMI-1- i ; . jg jeFAY
f. Man-made features now on tract 1-A41,P)VAs
a 1_--,fW:2e1 fAP0D Foil 1,1 Ar!!?, l-erf
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
?L? "/A /-" Y_A?'51,01 iV7141 oAtli P
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? ? :L
If so, by whom? /,L A' F65,-f !?4:1k",
5 UPLAND DEVELOPMENT .
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
i. Describe proposed sewage disposal- and/or waste
water treatment facilities.
j. . Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to
waters of the state (for example? surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
m. Water supply source
n. If the project is oceanfront development,
describe the steps that will be taken to'main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from
below water level in cubic yards
c. Type of material
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands?
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area _
h. Do you claim title to the disposal area? _
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance??
If so, where?
j. Does the disposal area include any marshland,
swamplland,'or water areas?
k. Will the fill material be placed below mean
high water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on
site and erosion controlled?
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
s. Will wetlands be crossed in transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
8 ADD, "T.19NAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Y2 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality ;.opies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan; if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name f'/_ ?? 5Z?: Yle 11_?_
Address ArL-MVO O .131Vb 11Lc?414f5'
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND TERMISM
SION TO`--ENTER ON LANDLL'
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the I day ofl - ?-- ,
1997
Landowner or A-uthorized-agent-
Name Send the completed application materials to the
Address Division of Coastal Management Gffice nearest you
and the U.S. Army Corps of Engineers. See the
Name map on the inside front cover for the appropriate
Address DCM office and addresses and phone number.
3
Form DCM-MP-2
MARINA
DEVELOPMENT
Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities must be included in application and work
plats.
MAAINA CHARACTERISkTICSa`.
a. Check below the type of marina proposed.
Commercial Public
Residential
b. Will the marina be open to the general public?
c. If there is residential development associated
with the marina, how many units or lots are
planned?
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips
Dry storage
Number of boats
Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types).
g. Typical boat length
h. Maximum boat length
i. Are any floating buildings planned?
If so, describe.

a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location
b. Describe treatment type and location for all
sanitary wastewater.
c. Describe solid waste, fish offal, and trash
disposal.
d. How will overboard discharge of sewage from
boats be controlled?
e. Give the location and number of "No Sewage
Discharge" signs proposed.
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts.
g. Where will residue be disposed of?
h. Give the number of channel markers and "No
Wake" signs proposed.
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
4
i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality.
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts.
k. What will be the marina policy on overnight
and live-board. dockage?
1. Is the proposed marina located near any
shellfish 'Leases? If so, give the name and
address of the leaseholder.
m. If this project is an expansion of an existing
marina, what types of services are currently
provided?
n. How many slips are now available?

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RECEIVED
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 22, 1987
SUBJECT: File No. SAWC087-N-070-0547
Mr. Fred B. Gunn
3413 Stancil Street
Virginia Beach, Virginia 23452
Dear Mr. Gunn:
S E I D2 8 X87
WATER QUALITY SECTION
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWCO80-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received September 14, 1987, for
a Department of the Army permit to place fill material in wetlands
adjacent to West Creek Canal off the Pasquotank River, Elizabeth
City, Pasquotank 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 404 of the Clean Water
Act, has been assigned No. SAWC087-N-070-0547 and will be
coordinated by Mr. Jeff Richter. He is available to address
questions or comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
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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
lrth Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms: L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Dave Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909