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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
November 20, 1989 R. Paul Wilms
James G. Martin, Governor
William W. Cobey, Jr., Secretary Director
Mr. Roland Tooley
Route 1, Box 46
Scranton, North Carolina 27875
Dear Mr. Tooley:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Maintenance of Drainage Ditch
Roland Tooley
Tributary to Rose Bay
Hyde County
Attached hereto are two (2) copies of Certification No. 2402
issued to Roland Tooley dated November 20, 1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
i
R. Paul Wilms
Attachments
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. John Parker
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
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NORTH CAROLINA
Hyde County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Roland Tooley pursuant to an application filed on the 28th day
of August, 1989 to maintain an existing agricultural drainage
ditch.
The Application provides adequate assurance that the
discharge of fill material into the waters of a tributary to Rose
Bay in conjunction with the proposed maintenance excavation in
Hyde County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above condition is made a condition of the Federal Permit.
This the 20th day of November, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
. Paul Wilms, Director
WQC# 2402
NKDATA DF/CAMA/401 REV DATE 01/04/8e
ACTION > - FILE > DFCAMA401 PSWD > FORMAT > NRDFCAMA NEXT RCA. > 00000
ACTION = ADD. ENTER THE DATA TO BE STORED FRD DATA
PROD; : 0070' PROD :Tdo+, / IZB-Qo.? COUNTY: REGION! : C1?
A9SIGNED TO U JOINT NOTICE
TYPE CERTIFICATION RECOMMEND DATES YYMMDD
404 PN : 401 REG : Y ISSUE: y RECEIVED: 67,012T
CANA ONLY: GC: DENY: INITIAL REPORT : VAO QS
DF/CAMA : Y SECP : SlAIPRE- 0 : HOLD: FINAL REPORT: RECEIVING STREAM: CLASS: DAS114:
COMMENTS:
COPIES:
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ACTION lNQ FILE DFCAM1401P PSWD > FORMAT > NRDFCAMA NEXT RCD 0070?*?';'
NRT!71 ENTERED THIS DATA, RECORD IS NO 00707 FRD DATA
,"•R,.;•s::: 00 707 PRO... "i':::Ji:it...l=:Y, Ri:`s;... r=,N1:: :f:R N..'..., HYDE r,'E...........
ASS
IGNED TO: .. .
TYPE CER TIFICATION RECOMMEND DATES YYMMD'i.??
404 PN? 401 REQ: ISSUE: RECEIVED: 89082:i??
CAMA ONLY : GC: DENY: INITIAL REPORT, SQAO%?:
RECEIVING STREAM: ROSE BAY CLASS: SA BASIN: TAI:,':.
COMMENTS:
SITE LOCA TED US 26 4, ROSE BAY COMMUNITY
PROPOSAL TO MAINTA IN BY EXCAVA TION AF 4 40' OF AGRIC ULTURAL DRAINAGE DITCH
4800 SOFT
H FOR OF WETLA
SITE INVE NDS WILL BE
STIGATION FILLED WI TH SPOILS
COPIES: ;!.;S.:r{:?..,....i..:S::.i'd 3 i"IA±.......5•'11.±...5...::;....;;} •,+,s
NOTICE OF FILING OF
APPLICATION FOR LAMA MAJOR DEVE 0PM NT
PERMIT AND MTER QUALITY CERTIFICATION
i The Department of Environment, Health and Natural Resources hereby gives
public notice as required by N.C.G.S. 113A-119(b) and 143-2,15 3(a)(1)(c) that
Roland O. Tooley of Scranton, N.C.
filed an application on 18 August 1989 for a 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, Mr. Tooley proposes to maintain by excava-
tion 440' of an existing agricultural drainage ditch to its present 8' width
and to a depth of -3' at normal water. The project site is located in the
Rose Bay Community in Hyde County.
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 Management, 1424 Carolina
Avenue, Washington, N.C., and/or the Division of Environmental Management, 1424
Carolina Avenue, Washington, N.C.
The Division of Environmental Management proposes to take final action on
this water quality certification on or before 24 November 1989
The issuance of the CAMA Major Development permit and the Section 401
Certification may deviate from this projected date depending upon the nature of
the comments submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in writing to
Dr. George Everett, Director, Division of Coastal Management, P.O. Box 27687,
Raleigh, N.C. 27611 prior to 14 November 1989 for consideration in the
CAMA permit decision, and to Mr. Bill Mills, Division of Environmental
Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 9 November 1989
for consideration in the water quality certification decision. Later comments
on the CAMA 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.
Please publish on 26 October 1989 in Beaufort-Hyde News
i
,?
Memorandum
RE2EIVED
WASHINGTON OFFICE
AUG 2 81989
D. E M.
To: Jim Mulligan ?V
From: David L. Gossett
Subj: Application for CAMA Major Permit and/or Dredge & Fill Permit
Roland O. Tooley
Hyde County
Date: 25 August 1989
Attached is an application for a CAMA Major and/or a Dredge & Fill Permit
which was received by me on 18 August 1989. I am considering this
application complete, have acknowledged receipt, and have begun processing.
If you have any questions do not hesitate to contact me.
?-FIELD INVESTIGATION REPORT Long: 76 ° 23' 12"
1. APPLICANT'S NAME Roland O. Tooley
2. LOCATION OF PROJECT SITE Hyde County, US 264, Rose Bay Community, Rose Bay
Photo # 12-19-84, 90-1080, C-14, D-14
3. INVESTIGATION TYPE: DREDGE & FILL X
4. INVESTIGATIVE PROCEDURE:--
(A) DATES OF SITE VISIT 8-15-89
(B) WAS APPLICANT PRESENT Yes
PRIVATE X COMMERCIAL
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 8-18-89
OFFICE Washington
6. SITE- DESCRIPTION: ' '(A) LOCAL LAND USE PLAN Hyde County
LAND CLASSIFICATION FROM LUP Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC TRUST WATERS
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC
(E)
(F)
(G) ESTIMATED ANNUAL RATE OF EROSION N/A
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
Cladium jamaicense
Distichlis spicata
a s- m.
SOURCE N/A
AREA
DREDGED FILLED OTHER
+ 4 , O?Ft .
CAMA X
TYPE OF WASTE WATER TREATMENT: EXISTING N/A
PLANNED N/A
TYPE OF STRUCTURES: EXISTING N/A
PLANNED N/A
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
Open water within ditch + 3,520 sq.ft.
(D) TOTAL AREA DISTURBED: ~ + 3,520 sq.ft. + 4,800 sq.ft.
8. PROJECT SUMMARY: The applicant is proposing to maintain by excavation an
existing agricultural drainage ditch.
Environmental setting
The applicant owns + 45 acres of agricultural lands within a + 75 acre
watershed which is drained by the Chadwick Leading Ditch into Rose Bay in Rose
Bay Community of Hyde County. The applicant's property is + 0.3 miles east of
the intersection of U.S. 264-and SR 1304 on the north side of U.S. 264. The
property is drained through a culvert underneath U.S. 264 into Chadwick Leading
Ditch. The total length of Chadwick Leading Ditch from U.S. 264 to where it
begins to resemble a natural creek at an old railroad bed is + 2,165'. The
ditch averages + 8' in width, and has an average depth of -2' at NWL. The
first 800' of ditch beginning at U.S. 264 traverses agricultural lands. The next
925' of ditch traverses agricultural lands and lands which are both wooded
highground and wooded areas which are probably under the permit jurisdiction
of the U.S. Army Corps of Engineers. Even though this section traverses
wetlands, existing relic spoil piles (+ 12' in width) from previous maintenance
are present. The remaining + 440' of ditch traverses coastal wetlands (marsh)
under the jurisdiction of the N.C. Division of Coastal Management. Along the
east side of this section of ditch are existing relic spoil piles which average
+ 4' in width. The spoil piles are overgrown with various species of wetland
vegetation, however, predominantly present are Cladium jamaicense, Distichlis
spicata and Typha sip. This section of ditch contains the majority of the
silt which is resulting in an average depth of -1' at NWL.
Project proposal
The applicant is proposing to conduct maintenance excavation o= the final
440' of ditch which traverses the coastal wetlands. Maintenance excavation
upstream from that point has already been conducted. This 440' of ditch will
be maintained to its present 8' width and to a depth of -3' at normal water.
All spoils are to be placed on the east side of the ditch. From station 17+25
(see plat 5 of 27) the spoils will be placed atop existing spoil piles which
have enough width to avoid any filling of undisturbed wetlands. From station
17+25 to station 20+00 the spoils will be placed in wetlands. A minimum of
four breaks will be left within the spoil area, so that the mash area will
not be impounded.
These breaks will be at two existing ditches which now allow water to ebb and
flow through the marsh area, and at two other areas each of which will have
a minimum width of 10'.
Environmental impact
If the project is conducted as proposed + 4,800 sq.ft. of wetlands vegetated
predominantly with Cladium jamaicense., Distichlis spicata and Typha sue.
will be filled. The breaches in the spoil piles will allow for the continued
flooding of the adjacent wetlands. r
Some short term turbidity will exist downstream of the project during
excavation.
David L. Gossett - Washington Office - 25 August 1989
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Please. type orprint. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
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:1. APPLICANT Y ` r ? r. ?
`j
a. Name Roland 0. Tooley
Address Route 1 Box 46
City Scranton State NC
Zip 27875 IDay phone 9 19-926-204 1
X - Landowner or Authorized agent
b. Project name (if any) None
c. If the applicant is not the landowner, also give
the owner's name and address.
==2 _LOCATION.OF'PROPOSED
a. Street address or secondary road number
US 264
b. City, town, community, or landmark
Swan Quarter,NC (Rose Bay)
c. County Hyde
d. Is proposed work Nvithin city limits or planning
jurisdiction? No
e. Name of body of water nearest project
_ Rose Bay
3 DESCRIP'T'ION `AND PLANNED.,.
`` USE'`.OF PROPOSED' PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier}.
Draining armland
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?
maintenance of old drainage ditch
c. Will the project be for community, private, or
commercial use?
private
d. Describe the planned use of 'the project.
to improve farmland
x+aa? r ,z ns
xY CiARACT?BRISTICS Y 31J "`t
a. Size of entire tract 45 -y3-acres (75ac. wo4-,sl d
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 3 feet
d. Soil type(s) and texture(s) of tract Hyde loam
e. Vegetation on tract Agriculture
f. Man-made features now on tract Ditches
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
X Rural Other
h. How is the tract zoned by local government?
How are adjacent waters classified? SA
Has a professional archaeological survey been
carried out for the tract? No
If so, by whom?
5 UPLAND ,DEVELOPMENT <..
ra'/A -Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
strictures proposed.-------
b. Number of' lets or paicei;
c. Density (Give the number of residential units
and the units per acre.) _
d. Size of area to be graded or disturbed
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
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
feet
-List-the materials, such as'marl,
asphalt, or concrete, to be used
surfaces.
paver stone,
for paved
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.
Describe location and type of discharges to
waters of the state (for e.,:ample;, 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 rnain-
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
C INF",ORMA.TION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Ditch Length Width Depth
(MLW) or (NWL) 4?. 8' 3'
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
b
below water level in cubic yards t 30
c. Type of material mineral s o i 1
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? no
e. High ground excavation, in cubic yards 0
f. Dimensions of spoil disposal area approx-.1172 -wide
g. Location of spoil disposal area Along ditch
bank on east side of ditch
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?/ Yes
If so, where?- On top of new spoil
Does the disposal area include any marshland,
swamp?lsnd,'^T water arFas? -Yes
k. will the f i;] nt:? c r?; l 1.)c pl%ed below inemi
high water? _No
1. Amount of fill in cubic yards" t 3 c 6 '
in. Type of fill material moil from excavation
n. Source of fill material. Spoi1 from excavation
o. Will fill material be placed on marsh or other
wetlands?-Yes yyo . _
p. Dimensions of the wetland to he filled 4,4x 12'
q. How will excavated or fill material be kept on
site and erosion controlled? A four foot wide
-.erm will be left between edge of spoil
and ton of ditch. Native vegetaion
will he encouraged.
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? Baekhoe
s. Will.wetlands be crossed in transporting equip-
ment to the project site?YeS If yes, explain
the steps that will be taken to lessen en-
vironmental impacts. Work will be performed
during the fall or winter. Breaches
will be left every fifty feet to
allow the ebb and flow of tidewater
into marsh areas. Breaches will be
ten feet wide.
'?0AIILA?3 N/A
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
2
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 V2 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 copies 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 S io?' e it ?. i r e c1%?
Address 'f- r
Name Crod,i L, Mc 'lair, ri,C K
Address -L l0 1e, -V si
Macs d e- , L C. 170 S)
Name
Address
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 CERT{IFIGN'TNt5
SION x'I O`1VTER 0A, N L?
4 1
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 day of l&'C
190,? .
X LZ_-,?tZ2 lJ
Ufndowner or Authorize agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
This proect consists of cleaning out an existing open ditch.
Spoil will be placed along the east side of the ditch while
leaving at least a four foot berm to prevent spoil from
running back into the ditch. A ten foot wide breach will be
left every fifty feet to allow the ebb and flow of tidewater
in and out of the marsh area. Clean out will be to an old
railroad bed. Native vegetation will be allowed to grow on
spoil area to prevent erosion.
' Narrative for
Roland Tooley Proect
y Sheet 1 of 27
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