HomeMy WebLinkAbout19940765 Ver 1_COMPLETE FILE_199409140CT-04°°94 TIIE 06: 53 IL:: TEL h10:
PICT-03-1 GM4 14: 70, P:F011; i` . Ih r. i I= F i H r ''[iG'EnE i' 7J
Mate of North Carolina
Health and Natural Environment,
Resourcs
D'Msion of Coastal monagerr r't
James B. Hunt, jr., Governor
Janothan B. Howes, Secretary
Boger ,N, Sch$cter, Director
August 4, 1994
Y f ^a "` ?fly,.
f°?.f7Qa* M i? V {q
+o: Mr, Robert 7. Jamieson, interim, DirecLur
Division Vf marine Pizherigo
FROM. John R. Parxet, 7r.
Major Permit¦ Processing Coordinator
?" rt CAYUN/DRE;DGE & ?'ILL PerA-ndL Appiicati= Review
Apt7licantm R. Equipment Co,, inc.
/8cat Rdmp, Martin's Poirt F.aad, So.3chern
ri•t?? , _?an Gui :g Creek
Pro f y ' _f.1 .' s_ i? - 4 . ? _ +.ajo_ and flashing pipe fro.-p t.-,e axiating pond
mad; ac eat tiiir CtNrt,n s Pni.nt boat ramp Lo Jean Guits Cr.ee)
Plea** ind4zate bel.on yo: r agency-'
position ar view-point on the proppaed project and
ratQrn this fort-: by Au gt 25, 1994. If you have any questions regarding the proposed
prmmenta Please cor.tat7t. arid, R. Qr;.ffln at (919) 264-3901. i?hen appropriate, in-depth
aL_, su port ., g data is rQquezted.
REPLY ?. Vila a,?gncy has ago objevtiCh tb the project as proposed.
xhi: sgsric, has no co=rner:": on the prcpp.,sed project.
??31is agit?cy apprev?rs of the project crily is
Sec attached. the recpmmended changes
a e i; cet'perteda
This agenCY Oi: jiects to the prc?-ect for rea
r? 6D:2s descri+?. _rd In r.:lo
a.. -ae..ed cc,.zerztE
Signed bate
#81
i •
A
917
1367 MS. 17 South, E1iz;aboth Giiy, Nortn C tlolina 27QW FAX 0719-246-63723
All, Equal QW9tIvnr y A1flrMT. va Aaron fulployer 5?? rscvwlvd! 1G"!6 Est Gonsumet Gciraet
-OCT-04- ° 94 TJE 08:59 I D : TEL NO: #810 P02
O T-X13-199 ; 14:20 FROM t?C. MAF.11NE Fl':-::H. r hIIDREHEAD TO 'l:f?+tiTAL P1t kAGEM P. 0-n
r
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
.lames B. Hunt, Jr., Governor
Jonathan B, Ho`iNes, Seprotary
Robert J. Jamieson, Interim piractor
M= *1
T0; John R., Parker, Jr,, DCM Major Permits Processing Coordinator
THROUGH: Mike Street
FROM: Sara E. Winslow, Biologist SuperviscE 'Aj
SUBJECT: T.R. I: gquipment Co., Inc. PropoW
DA'TE',: August 31, 1994
The following comments by the North Carolisia I)iviSion of Martine Fisheries are
provided pursuant to General Statute 113-131.
Jean Guite Creek is a designated biland Primary Nursery Area. The creek is ut>i 2t-d
by spot, croaker, weakfish: spotted se;atrout, slwnmp, blue crabs and other coin merciaty and
recreationally imporwit species.
The Division objects to the projrct as proposed based on tree following reasuns. The
North ,rollna Wildlife Resourc:s Commission (W'RC) investigated a fish kill in the pond bi
September 1993- All species of fish, both of recreational and commercial intpofizice were
killed. At the time of the kill dissolved oxygen levels in the pond were 0 to 3 ppm. The
WRC electrofished the pond on 24 August 1994. Recreationally and commercially important
species were encountered, :Blue green algae was obse,,i ed in the pond. As a result of the
previous fish kill, low dissolver oxygen levels and blue green algae blooms in the. pond the
diwbaxge of "pond water" into the creek would result in degradation of water quality of an
Irland Primary Nursery Area, Degradation of water quality +;:canstitutes a loss of use under
lZ,
the Clem Water Act, which would to a violAtit n cif state and federal rules and policies. ??
This agency also objects to the filling of 2250 sq. ft. of wetland Swale. Wetlands are
of great importance in modifying acute impacts of hydrologic events, moderating stormwater
flaws, trapping sediments and providing nutrients for L'icorporation into resident plants.
In summary, the Division objects to the project due to degradation of water quality
and lass of wetlands.
P.C}. Box 769, Mpreh?Rd City, North Carolina X855] t?76 ?l2Bh ne 919-726-7021 FAX 18.726.0254
An Egvs! OphdrWrNiy Arfi,-rnp,:v#i Action errrfvver 50% re^,yCfvdr 'C'la postconsQmer onpes
TOTAL R,02
o JDC T-04-' 94 TUE 09:00 ID: TEL NO: #910 EE+3 --•-
j a 2-
State of North Carolina07
Department of Environment ?:--
Health and Natural Resaur _; ?s r?`?? " •
Division of Coastal Management
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary M
Roger N. Schecter, Director
TIC:/
August 11, 1994
NIEEMORAIS'DUM 4,.
TO: Mr. Charles R.. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program ?..,a.
FROM: John Parker Jr.
Major Permits Processing; Coordinator
SLTWECT: LAMA/DREDGE & FILL Permit Application Review
APPLICANT- T. R. Equipment Company, hic.
PROJECT LOCATIO : Martin's Point Marina, Southern Shores, Kitty Hawk, Dare Co.
ROPOSED PROJECT- Install new drainage and flushing pipe from existing pond to Jean
Guite Greek.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by September 2, 1994. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293_ When appropriate, in-depth comments with supporting
data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project,
This agency approves of the project, only if the recommended
changes are incorporated, See attached.
V This agency. objects to the project for reasons described in the
attached comments.
Signed Date p.a.13ox 27687, Rdelgh, No." Gorolho 275 1 1-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper .
nCT-04- ° 94 TJE 09:00 ID: TEL NO: #810 P04 -
k North Carolina Wildlife Resources Commission
5121. Salisbury Street, Raleigh, North Carolina 27604-.11188,919-733-3391
Charles R. JFullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: Richard B. Hamilton d 6, )? 4lm
Assistant Director
DATE: August 29, 1994
SUBJECT: LAMA major development permit and State"dredge and fill permit application
review for T.R. Equipment Company, Martin's Point Marina, Dare County
Staff biologists with the North Carolina Wildlife Resources Con-unission have reviewed
this perniit application and are familiar with habitat values of the project area. In order to further
assess project impacts on fish and wildlife resources, an onsite inspection was conducted on
August 24, 1994. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 1 I3A-100 through 113A-1281, as amended, and the Fish and Wildlife
Coordination Act (48 Stat, 401, as amended; 16 US,C. 661 et seq..').
The applicant, acting as an agent for the Martins Point Homeowners Association,
proposes to reposition and enlti_rge a drainage culvert which conveys excess water from the
homeowners association's pond to Jean Guite Creek, The hom-NNN-ners association's believes that
poor water quality and algae blooms in the pond will be improved by positioning the culvert in
such a manner as to allow the pond to be connected to Jean Guite Creek, allowing the pond
waters to ebb and flow with the creek.
During September 1993, at the request of the Martin's Point Horneow7ners Association,
our district fisheries biologist investigated a fish kill in this pond. Several hundred dead fish were
found along with an extensive bloom of blue-green algae, Dissolved oxygen levels were very
low, ranging from 0 to 2 ppnn, During the investigation, we were informed by residents that
algae blooms and more minor fish kills had been a chronic situation. At the conclusion of the
investigation, we, advised the homeowners association by letter of our findings arrd recommended
they identify and eliminate the source of nutrients `Which were fueling these algae blooms, As
part of our onsite inspection for this permit application review, our district fisheries biologist and
Mr, David Griffin of your staff electrofished the pond to check for the presence of grass carp,
several of which had been seen dead in the 1993 fish kill: No grass carp were found, however
blue-green algae appeared abundant in the pond.
-OCT-04-'94 TUE 09:01 ID: TEL NO: #810 Pas T.R. Equipment Co. i August 29, 1994
Jean Guite Creels iY--, the receiving, waters or this proposal and is classifi€,d by the North
Carolina V'ildli f?- Resources Commission as a Prlnnar r tiursery Area ("NCAC T1 5A: 1OC .0503
3 (a? . Es designation signifies those Inland Waters in which water quality and Habitat values
support uv nile populations of economically irnportar_t seafood species. Ow-agency plaices high
emphasis on protection of water quality in these areas,
As evidenced by recur-ring algae blooms and associated fish kills, there is no question that
this pond is overenrich .d with nutricres, By providing a continuous coo nection betweeri the pond
and Jean Guite Creek as is proposed, a de facto point soarae of mitric:lit e n irelmlent f6r the creek
will result. The solution ti this nutrient problem lies :ith nutrica.t and r mff a! atcn=ent, not with
disposal into Jean Guite Crcck.
We. believe that this project will din-finish water quality' aid fishery h9bita.t val=ues in Jean
Guite Creek. As proposed.. thes pnr ject is inconsistent ? ith our Policies a;.td Guidelil.°s for
Conservation of Wt- lands and Aquatic Habitats : fficita'l ' adopt; d !?y the North E aroma Wildlife
Resources Commission and , e requl--st denial of perr_zits for this proJrct.
We appreciau? tl3F oppo*-tllniv for providing our input into this perinit if you
need farther ttttorrnatio.i, pleas. co.3tact Pet; Kor'fegati at (910) 338-3607,
PKIfm
cc: The Honorable l?utseli M. Hull, Jr.
The Honorable Jerry W, Wright
Pete Kornegay, DistxiGt 1 Fisheries Biologist
David Rowe, District 1 Wildlife Biologist
f
1
To : John Dome
Planning BFP 4 5 1994
MANAGEMENT
ON REVIEW
WaRO PROJECT # q C(-O 3 e-- WQ SUPERVISOR: TH .
REVIEWER: SAWYER DATE: `lz?
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING nn
PERMIT YR: 92 PERMIT NO. COUNTY: d0el'O
PROJECT NAME: -it-C. 6p
PROJECT TYPE: Q PERMIT TYPE:(-.qwCOE
COE h DOT #:
RCD FROM CDA: 61i?) DATE FROM CDA:
REG OFFICE: WaRO RIM AND BASIN #- r?-
STREAM OR ADJACENT WATER BODY: ,1'ea-.. ,(,E„'
CLASS: lj d- STREAM INDEX
OPEN OR
WL IMPA WL TYPE:
WL REQUESTED: WL ACR BST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: G SHEET ATTACHED?
RECOMMENDATION: I S ISSUE/COND DENY HOLD ,
STORMWATER PLAN REQ'D• 7 IF S,•DA PPROVED:
PnROJE?T ESC PTION: ?.?-?s??Q ..• 4- ?? g
WATER QUALITY CERT. (401
CERT. REQ'D: Y
IF YES, TYPE :
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: ^))d--
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: •-6 WETLAND: 2S?S ?yL?
IS FILL ELIMINATING A SIGNIFICANT USE? J
DREDGING
AREA TO BE DREDGED: - v
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
ARE THE FOLLOWING ADEQUATELY
SEWAGE DISPOSAL:
OXYGEN IN BASIN:
ADDRESSED? Nye'-
MARINA SERVICES:
CLOSURE OF SHELLFISHING WATERS:
CC: WARD; Central Files; DCM Field Offices; CDE Washington Office
r
I
DIVISION OF E IR NMEYTAL MANAGEMENT
MEMORANDUM
i
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews Arpdfe" for Stormwater Review
Project: _I
Project No.:
Date Received: 1S ( Y 17 S''
L?r a4 Date Comment: j
Description of Project:
a. .
Comments:
I
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
E:> FE F1
WASH Ir`4GTONEOFFICE
U G 0 8 1994
Augusta 4, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
D.LM,
U
AUG 2 5 1994 t
it
WETLANDS GROUP
1_ CATER U-i?,-!LITY-SE;,CICs`,_..
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: T. R. Equipment Co., Inc.
Project Location: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern
Shores, Kitty Hawk, Jean Guite Creek.
Proposed Project: Install a new 18" drainage and flushing pipe from the existing pond
adjacent the Martin's Point boat ramp to Jan Guite Creek.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 25, 1994. If you have any questions regarding the proposed
project, please contact David R. Griffin at (919) 264-3901. When appropriate, in-depth
comments with supporting data is requested.
REPLY _ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
Signed
O
Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909. Telephone 919-264-3901 FAX 919-246-3723
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
I a I
E3 EHNF1
WASHINGTEION OFFICE
AUK: 0 8 1994
August 4, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: T. R. Equipment Co., Inc.
AEIW,
F AUG25?
Project Location: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern
Shores, Kitty Hawk, Jean Guite Creek.
Proposed Project: Install a new 18" drainage and flushing pipe from the existing pond
adjacent the Martin's Point boat ramp to Jan Guite Creek.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 25, 1994. If you have any questions regarding the proposed
project, please contact David R. Griffin at (919) 264-3901. When appropriate, in-depth
comments with supporting data is requested.
REPLY -? This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
Signed
O
Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-246-3723
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
IMPORTANT
Time
Date
WHILE YOU WERE OUT
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Phone EXTENSION
AREA CODE NUMBER
FTELEpHONED PLEASE CALL
WILL CALL AGAIN
D EE YOU
TO S
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URGENT -V1 oorn YOUR CALL
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
I
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: T. R. Equipment Company, Inc.
2. LOCATION OF PROJECT SITE: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern
Shores, Kitty Hawk, Jean Guite Creek.
Photo Index - 1989: 44-2: N16, 016 1984: 137-490: E18 n v , } i d _
State Plane Coordinates - X: 2960300 Y: 879700
j } AUG 1 ti 1994
3. INVESTIGATION TYPE: CAMA I
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 2, 1994 - WATER
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - July 26, 1994
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Southern Shores
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Estuarine Waters
(C) Water Dependent: No
(D) Intended Use: Pond Drainage and Flushing
(E) Wastewater Treatment: Existing N/A
Planned - N/A
(F) Type of Structures: Existing - Overflow pipe, Pond, Bulkhead, Boatramp, Pier
Planned - Flushing & Drainage Pipe
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
in Swale 2250 sq ft
(B) Non-Vegetated Wetlands
(C) Other Disturbed:
Upland 3750 _sq ft.
(D) Total Area Disturbed: 6000 sq ft (0.14 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to install a new 18" drainage and flushing pipe from
the existing pond adjacent the Martin's Point boat ramp to Jean Guite Creek. This pipe will allow
the pond to drain into Jean Guite Creek and will allow water from the Creek to flow into the pond
during high water levels in Jean Guite Creek.
ti
T. R. Equipment Co., Inc.
Bio Report
Page 2
Setting
. Martin's Point Homeowner's Association currently owns a tract of land at the northern
end of Martin's Point upon which is located the Association's boatramp, boat storage area,
parking, and pier. Across the Martin's Point Road from this area is located an approximate
two acre pond excavated approximately 15 years ago on property owned by the original
developer of Martin's Point. An 18 inch diameter drainage pipe currently runs under
Martin's Point Road to a 375-foot long, 6-foot wide swale which directs overflow water from
the pond toward Jean Guite Creek. A 24 inch pipe at the end of the swale allows water in
the Swale to drain through the wooden bulkhead adjacent the Association's boatramp into the
Creek. The swale is vegetated with -Scirpus spp. and appears to be periodically mowed. The
elevation of the pipe in the pond allows water to drain from the pond through the vegetated
Swale and into the Creek. However, the elevation of both pipes precludes water from
flowing into the pond from Jean Guite Creek except under extremely high water situations.
The bottom of the existing 24" pipe is approximately 3" above the normal water level of Jean
Guite Creek. Located in Jean Guite Creek immediately adjacent the end of the 24" pipe is a
6' by 10' area vegetated with Sci us spp. This vegetated area also exhibits scattered
amounts of rock rip rap from previous attempts to diffuse the outflow from the existing 24"
drainpipe.
The location of the existing and proposed pipes is near the mouth of Jean Guite Creek,
albeit within the Creek, an area classified as an inland primary nursery area by the NC
Wildlife Resources Commission. NC DEM classifies the waters in Jean Guite Creek as SC.
Proposed Development
Over the last several years, algal blooms and low oxygen levels in the pond have
caused fish kills within the pond. Desiring to improve the quality of water in' the pond, the
Martin's Point Homeowner's Association proposes to replace the two existing drainage pipes
with a continuous, buried 18 inch pipe that would be lower in elevation than the existing
pipe. The proposed pipe would be installed approximately 12" lower than the existing 24"
pipe through the bulkhead. This would position the bottom of the pipe approximately 9"
below the normal water level of Jean Guite Creek. This lower pipe would allow water to
regularly exchange between the pond and Jean Guite Creek. The Homeowner's Association
believes this will improve water quality within the pond, reduce algal blooms and reduce fish
kills. The 18 inch pipe is proposed to be buried adjacent to the existing pipe and extend
through the existing wooden bulkhead approximately 6 inches.
The existing wetlands in the man-made swale would be filled during the burial of the
proposed continous 18" pipe. This would result in the loss of 2250 square feet of wetlands
which now serve to filter pollutants and take up nutrients from the overflow water from the
pond.
i b
T. R. Equipment Co., Inc.
Bio Report
Page 3
Anticipated Impacts
Impacts of the discharge of "pond water" into Jean Guite Creek (a designated inland
primary nursery area) will need to be addressed by appropriate review agencies. The loss of
the wetlands in the man-made swale and the function they currently carry out will also need
to be examined. No cultural resources have been identified in the area.
CAMA Review
A review and consistency determination with the Southern Shores Local Land Use Plan
will be completed and forwarded shortly under separate cover from Steve Gabriel.
Sumitted by: David R. Griffin
Date: August 4, 1994
f
ti
.r
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, laird oleariiig; and stbrriiwatet• ton-
trol. If the requested informatlon is not fddVatit to your
project, write N/A (not appht hle). itettia 1=4 affil 9-9
must be cotripletetl for all Otoj cts. .
1 APPLICANT ;
TR q
E ui p inert Co, } inc
a. Name
Address Suite 26 Hdkbinje-f. `Comm. Park
City P o W e i s P 6.1 n t State _f1 d
Zip 2 7 9 ti' b Day phone ' h =' 2 12
`Landowner or X Authon d agent
b. Project name (if any) North P o h d
Martins Point.
c. If the applicant is not the landowner; also give the
owner's nanid and address.
Martins Point Hoinec??Fliers? "Asst?c:
Inc.. 2016 MartinsPo'int .Rd.'
Kitty Hawk, NC,, 7-949.--72-016
2 LOCATION OF PROPOSEb?,;*
PROJECT
a. Street address or secondary road number
Martins Point- Road
b. City, town, community; or landmark
Soiither"n Shares
c. County Dare
d. Is proposed work within city limits or planning
jurisdiction? Y
e. Name of body of water nearest project
Jean Guite,Creek
3 DESCRIPTION AND PLANNED RISE
OF PR606§tb PR6k&
a. Describe all development addvlties you propose (for
example, building a hornet t otel; fftariria, bulkhead,
or pier). Install 18" `pili6 From pond
to Jean Gtite Creek
3/91
c
' j
if you plan to build a marina, also cod;?` p e
attach Form DClvl-YT-2.
b. is the proposed activity maintenance ofaft?!' W1, ,
existing project, new work, orboth?.:
Both
c. Will the project he for community; private, or :.
commercial use?.community
d.. Describe the planned use of the project.
Increase hater ,level„„in s.
exist ng pon,O.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract / - 1 . 1 A c t e
b. Size of individual lot(s) . n / a
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
4:1
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract
Grass
f. Man-made features now on tract Boa t ramp &
bulkhead
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural x Other
h. iiow is the tract zoned by local government?
ET-1 (extra territorial.
I. How are adjacent waters classified?
i inland
j. Has a professional archaeological survey been
carried out for the tract? n o If so, by whom?
?, 1
5 UPLAND DEVELOPMEW
Complete this "section if the project includes any land
development.
a. Type att?l number of buildings, facilities, or
structures proposed n/a: t
b. Number of lots or parcels
c: Density (Give the number of residentlal units and the
units per acre.) n / a
d. Size of area to be graded or disturbed
6000 sq. fe6b...,.
e. If the proposed project will disturb more than brie
acre of land, the Division of LAM Resources must
receive an ero§ion and sedimentatioi_ control plan at
least 30 days before land disturbing activity begins.
If applicable; has a seifiientation'ari ero§ion
control plan been sithtiiitted to the Division of Land
Resources?.. n / a
f. Give the percentage of the tract within " 4'1
75 feet of
mean high water to be covered by itnperirieable
surfaces, such as avement, buildings, tooftops.
na ,.
g. List the materials; such as marl,-paver stohd, asphalt,
or concrete, to be.used fot paved surfaces.
nya ? ti . ,
h. If applicable, has a storinwater friandgement plan
been submitted to the bivision of Environmental
management! . n / a
1. Describe proposed §6*age disposal and/ot waste
water treatment facilities a ; • ; .
j. Have these facilities received state or local approval?
Yes
k. Describe existing treatment facilities.
n/a. ..
1. Describe location and type of discharges to waters of
the 'state (for example; surface runoff, sanitary
wastewater, industrial/comme'w rci'
al effluent, "wash
down"). S u r f s c.e .. R.u.n o f f.-,...,,..:. .
2
't REGI?i?
m. Water supply source „ / a
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access:
h/a . . _ .. ..
o. If the project is on the oceanfront, what will be the
elevation above mean §ei dlevel of the first habitable
floor? n / a
s EXCAVATiMAND PILL
lNMIMMIM
A. Describe below the purpose of proposed 'excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width . Depth
Access channel
(IvLW) or WWL)
Boat basin
Other (break-
water, pier,
boat ramp,
Lock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b.. Amount ofinaterial to be excavated from below
water level iri cubic yards n / 2i:
C. Type of material n / a
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
nd excavation, in cubic yards
e. High TOP
3191
\ ti
f
f. Dimensions of spoil disposal area
ri /a
g. Location of spoil disposal area
h. Do youAdiril title to the disposal aiea?
„ If not, attach a letter granting Odahissiori from the
owner.
i. Will a disposal area be available for future ..
maintenance? n / a
If so, wherel
j. Does the disposal area include any marshland,
swamps, or water areas?
n/a
k,. Will the fill material be placed below mean high
water? n / a
1. Amount of fill in cubic yards n / a
m. Type of fill material n / a
n. Source of fill material n / it
o. Will fill material be placed on marsh or other
wetlands?- n / a
p. Dimensions of the wetland to be filled
n/a
q. How will excavated or fill material be kept on site
and erosion controlled?
Permanent Seedl.nc#.
r. What Type of construction equipment will be used
(for example, dragline; backhoe, or hydraulic
dredge)? - Backhoe
s. Will wetlands be crossed in transpoituig equipment
to project site? ho If yes, explain steps that will
be taken to lessen environmental impacts. .
7 SHOAWNt SWUM 16N
a. Length of bulkhead or nprap ri/ a
b. Average distance waterward of mean high water or
normal water level n / a
3/91
- f.
C. Shoreline erosion during preceding 12 months, in
feet n / a
t.
d. Type of bulkhead material n / a L _
I?r} .•d,, tl
e. Amount of fill, in cubic yards, to be placed below
them high water n / a . Y
f. Type of fill material n / a
AbOITIONAL INFOAMM16N
In addition to the completed application forni the follow=;
ing items must be submitted:
A copy of the deed (with state application oitly) 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, theta forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x i 1 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 fora 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 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawing's.) A site or location hiap is a part
of plat requirements and it trust be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stortn*E e mdnagement plan, if applicable, that
may have beeh developed in consultation with the
Division of Environmental Management.
A list of the dames mid complete addresses of the"
ddkicetit Waterfroht_(riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
lvlanagefnent and should be advised by the applicant of
that opportunity.
' , I
R
Name ciiff Goodwin
t
J dthtllMeAtIONANb PEIIM18SION
,Martins.Poiht lid.
Address 704
Kitty Hauk .j. Nc 27945 -6 "Wth 6N LAW
Name Park d o h ii s Any permit issued iri 'response to this application will ,
Address --7 0 3 3. Martins Point : R d allow only the development described in the application. r,
Kitty H a W k ., NC 2 7 5 4 9 The project will be subject io.conditions and testrictions "
contained in the permit. A
Name
Address 1 certify that to the best of my knowtedge; the pioposed .
activity complies with the State of North Carolina's app
pro ved Coastal Management Program an d will be c' 6 i-t
A list of previoiig state bf fedekal otfiiiits issued fot ducted in a mariner consistent with such progiafti..
work on the project tract. tnclude petffi t iiimbers,
permittee, and issuing dates, 1 further certify that 1 ani authorized to grant; acid do in
# 9 7- 8 2, Martins P o i rit t ti 6. i s s d e d fact, grant permission to teptese- ntatives of state and
federal review agencies to Inter 6h the afotiffidi tiotmed
i n 19 8 2 f o r: b o a t b a s i ii , a c 66 s s c h a n n e l lands in connection with evaluating informAtion related
bulkhead a ti d p i o r to this permit application and follow-up monitoring of
A check lot $86 tnade payabte to the bepaftment of project..:
Environment ; Hdatth, kid Rattifal Resources to cover
the costs of processing ilie application. ? ti PV ;) , 19?
This is the day of
A signed AEC hazard tititlob for projects In oceanfront
and inlet areas.
A statement oii the 0s6 of tiiibile ftind. if the project
involves the expenditure 'of public fiindg; attach a state-
ment docunieritiHg 60hiptiatiee with tlii Roitli Carolina
Environmental Policy Act (N.c.G.s. 119A=1 to 10).
X -
Landowier or " k tized agent
4 ' 3/91
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DEPARTMENT OF THE ARMY D
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 10, 1994
Regulatory Branch
Action ID No. 199404073
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
AUG 12
Enclosed is the application of Martins Point Homeowners Association,
Incorporated, represented by T.R. Equipment Company, Incorporated, for
Department of the Army authorization and a State Water Quality Certification
to install a drain pipe and place fill material in vegetated wetlands on Jean
Guite Creek, Martins Point, Southern Shores, Dare 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 authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is 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, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by October 10, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone (919) 975-3609.
Sincerely,
e oWri t
15'hiVe, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
C. I -
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
RECEIVED
AUG 190#4
QEGUUTOME BMW
MEMORANDUM:
TO: Cliff Winefordner
FROM: David R. Griffin
SUBJECT: Application for CAMA Major Permit
DATE: August 4, 1994
/yyy o
?EHNR
Attached is an application by T. R. Equipment Co., Inc., which was received by me
on July 26, 1994. I am considering this application complete, have acknowledged receipt,
and have begun processing.
If you have any questions, do not hesitate to contact me.
Enclosures
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-246-3723
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: T. R. Equipment Company, Inc.
2. LOCATION OF PROJECT SITE: Martin's Point Marina/Boat Ramp, Martin's Point Road, Southern
Shores, Kitty Hawk, Jean Guite Creek.
Photo Index - 1989: 44-2: N16, 016 1984: 137-490: E18
State Plane Coordinates - X: 2960300 Y: 879700 RECEIV
3. INVESTIGATION TYPE: CAMAS
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 2, 1994 REGLUTORy RRA,N,C,r
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - July 26, 1994
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Southern Shores
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Estuarine Waters
(C) Water Dependent: No
(D) Intended Use: Pond Drainage and Flushing
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Overflow pipe, Pond, Bulkhead, Boatramp, Pier
Planned - Flushing & Drainage Pipe
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
in Swale
2250 sq ft
(B) Non-Vegetated Wetlands
(C) Other
Upland
(D) Total Area Disturbed: 6000 sq ft (0.14 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No
Disturbed:
3750 sq ft.
8. PROJECT SUMMARY: The applicant proposes to install a new 18" drainage and flushing pipe from
the existing pond adjacent the Martin's Point boat ramp to Jean Guite Creek. This pipe will allow
the pond to drain into Jean Guite Creek and will allow water from the Creek to flow into the pond
during high water levels in Jean Guite Creek.
T. R. Equipment Co., Inc.
Bio Report
Page 2
Settine
Martin's Point Homeowner's Association currently owns a tract of land at the northern
end of Martin's Point upon which is located the Association's boatramp, boat storage area,
parking, and pier. Across the Martin's Point Road from this area is located an approximate
two acre pond excavated approximately 15 years ago on property owned by the original
developer of Martin's Point. An 18 inch diameter drainage pipe currently runs under
Martin's Point Road to a 375-foot long, 6-foot wide Swale which directs overflow water from
the pond toward Jean Guite Creek. A 24 inch pipe at the end of the swale allows water in
the Swale to drain through the wooden bulkhead adjacent the Association's boatramp into the
Creek. The swale is vegetated with ci us spp. and appears to be periodically mowed. The
elevation of the pipe in the pond allows water to drain from the pond through the vegetated
swale and into the Creek. However, the elevation of both pipes precludes water from
flowing into the pond from Jean Guite Creek except under extremely high water situations.
The bottom of the existing 24" pipe is approximately 3" above the normal water level of Jean
Guite Creek. Located in Jean Guite Creek immediately adjacent the end of the 24" pipe is a
6' by 10' area vegetated with Sci us spp. This vegetated area also exhibits scattered
amounts of rock rip rap from previous attempts to diffuse the outflow from the existing 24"
drain pipe.
The location of the existing and proposed pipes is near the mouth of Jean Guite Creek,
albeit within the Creek, an area classified as an inland primary nursery area by the NC
Wildlife Resources Commission. NC DEM classifies the waters in Jean Guite Creek as SC.
Proposed Development
Over the last several years, algal blooms and low oxygen levels in the pond have
caused fish kills within the pond. Desiring to improve the quality of water in the pond, the
Martin's Point Homeowner's Association proposes to replace the two existing drainage pipes
with a continuous, buried 18 inch pipe that would be lower in elevation than the existing
pipe. The proposed pipe would be installed approximately 12" lower than the existing 24"
pipe through the bulkhead. This would position the bottom of the pipe approximately 9"
below the normal water level of Jean Guite Creek. This lower pipe would allow water to
regularly exchange between the pond and Jean Guite Creek. The Homeowner's Association
believes this will improve water quality within the pond, reduce algal blooms and reduce fish
kills. The 18 inch pipe is proposed to be buried adjacent to the existing pipe and extend
through the existing wooden bulkhead approximately 6 inches.
The existing wetlands in the man-made swale would be filled during the burial of the
proposed continous 18" pipe. This would result in the loss of 2250 square feet of wetlands
which now serve to filter pollutants and take up nutrients from the overflow water from the
pond.
T. R. Equipment Co., Inc.
Bio Report
Page 3
Anticipated Impacts
Impacts of the discharge of "pond water" into Jean Guite Creek (a designated inland
primary nursery area) will need to be addressed by appropriate review agencies. The loss of
the wetlands in the man-made swale and the function they currently carry out will also need
to be examined. No cultural resources have been identified in the area.
CAMA Review
A review and consistency determination with the Southern Shores Local Land Use Plan
will be completed and forwarded shortly under separate cover from Steve Gabriel.
Sumitted by: David R. Griffin
Date: August 4, 1994
i.
Please type or print. Carefully describe all anticipated
development activities, liicluding coristm.ctiofi; excava-
tion, filling, paving, land cleaiitig, And St6ih1Water con-
trol. If the regtt ated iiifoitnatibii 1S tiot. felevant to your
project, write NjA (riot applicablej. ttettiS 1-4 tttid 8-9
must be cotnpididd fof All prdjeets:
1 APPLICANT
a. Name TR ..Equipment Co, , file..
Address SiAte ,26 Park
City P o w e l i s P o i n t State - it C
Zip 2?9 Day phone
"rig=j-`zi2t#
Landowner or Authorized agent
.b. Project name (if any) North Pond
Martins. Point.
c. If the applicant is 'no't the landowner, also give the
owners name and address. -'
Martins Point Hofd4(3* Std "Anstio:
Inc. 2016.Martin§:Point Rd."
Kitty a?ik, NC 2016
Z LOCATION OF PRO008 PROJECT
a. Street address of secondary toad number
Martins Point Road
b. City, town, cothintmity, or 1tlndtriark
Southern Shores.:
c. County Dare
d. Is proposed *ork within city liinit§ br planning .
jurisdiction? ye s
e. Name of body of *ater nearest project
Jean Guite Creek
3 DESCRIPTION A b PLANNtb USE
OF PI1OPC?§0 PRC?k- f ...,? y
a. Describe all develophiont Activitieit ytitt 06pdse (for .
example, building a home totes; thaflha, bulkhead;
or pier). Install 16" '1iip6 from bond
to Jean.GUite Ctdsk
3/91
If you plan td build a marina, also ON
?et?
attach Form bcM-Mp-2. co, P
b. is the proposed activity maintenance of dry t?
existing project, new work, or both?..
Both icrsj
c. Will the project be for community, private, or 3
cominercial rise?
Community
d. Describe the planned use of the project.
increase water level, ,in
existing pond.
4 LAND AND WATER
CNANACT?R sms
a. Size of entire tract / - i • 1 Acre
b. Size of individual lot(s) n / a,
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
4:1
d. Soil type(s) and texture(s) of tract
and
e. Vegetation on tract Grass
f. Mari-made features now on tract B o a t ramp $
bulkhead
g
. What Is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Coiiservatiori Transitional
Developed Cominunity
Rural x Other
h. How is the tract zoned by local government?
ET-1 (extra territorial)
i. How are adjacent waters classified?
0 inland
j. Has a professional archaeological survey been
carried out for the tract? n o If so, by whom?
I
1 AEGE1
5 UPLAND DP_VF_L0PMP_NT .1. A
Complete this "section If the project Incirides'any iand
development.
a. Type and inutnb 6t of buildings, facilities., br,
strictures proposed n a J ?:
b. Number of lots br patcels
c: Density (Give the number of residetitial units and the
units per acre.) - n / a
d. Size of area to be graded or disturbed
6000 sq. feet
e. If the proposed project will disturb moil than bile
acre of land, the Division of Laiid Resources must
receive an erosion and sedimentatior_t control plan at
least 30 days before land disturbing activity begins.
If applicable; has a §ediiiientatioii'atid ef6mos t'
control plan beeii gubttildid. td the bMs' lo'ti of Land
Resources? .. n / a
f. Give the percetitage of the tract *i W 75 feet of
mean high water to be covered by inipernieable
surfaces, such a§ pavement, buildings; rooftops.
:J. t
g. List the materials, such as marl, paver stone, asphalt,
or concrete, td be.ttsed for paved surfaces.
h. If applicable, has a stormwater' friahigeent plan
been ssbmitted to the Division of Erivirbnmental
Managementl n / a
i. Describe proposed sewage di§posal acidldt *9ste
water treatment facilities.
j. Have these facilities received state or, local apprdval?
Yes
k. Describe existing treatment facd1de§.
n/a i
m. Water supply source n
n. It the project is oceanfront development; describe
the steps that will betaken to maintain establistieij
public beach accessways of provide new access.
n/a
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? n / a
s rMAVAT16N AND PILL
IN=614 IIATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
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
Length Width Depth
b.. Amount of material to be excavated from below
water level in cubic yards
c. Type of material n / a
1. Describe location and type of dlscharge§ td waters of
the 'state (for example, surface runoff, sanitary
wastewater, industrial/comnierc al effluent, "wash
down"). -.surface.. Runoff ..
2
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High g around excavation, in cubic yards
n;
'3191
f. Dimensions of spoil disposal area
n/a
g. Location of spoil disposal area n
h. Do yodclaliii title to the disposal area? Jt / a
If not, attach a lettei granting penrii§§ioii from the
owner.
I. Will a disposal area be available for future ..
maintenance?.- n / a
if so, where?
j. Does the disposal area include any tiiarshiand,
swamps, or water areas?
n/a
k. Will the fill material be placed below mean high
water? n / a
'1. Amount of fill in cubic yards n / a
m. Type of fill material n / a
n. Source of fill material n / a
o. Will fill material be placed on marsh or other
wetlands? n /a
p. Dimensions of the wetland to be filled
n/a
q. How will excavated or fill material be kept on site
and erosion controlled?
Permanent; Seeding
r. What type of construction equipment will be used
(for example, dragline, backhoe, of hydraulic
dredge)? 13ackhoe
s. Will wetlandS be crossed-in transporting equipment
to project site? no If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHOPELINP- STABILIZATON
a. Length of bulkhead or riprap n / a
b. Average distance waterward of mean high water or
norm al water level n / a
3/91
c. Shoreline erosion during preceding 12 months, in r
feet ri / a
d. 't'ype ofbulkhead material n / a
e. Amount of fill, in cubic yards, to be placed below.,,:,}; *4
mean high water n / a
f. Type of fill material n / a4 }
8 ADDITIONAL INFORMATION . ,?.
In addition to the completed application form, the follow=`;
ing 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 forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
Art accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8.'
1/2 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 18 high
quality copies are provided by applicant. (Contact the
U.s. Afty Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency petsorinel unfamiliar with the area to the
site. Include county toad (SR) numbers, landmarks, and
the like.
A Stortiifttee maiiagemetit Platt, if applicable, that
inay have been developed in consultation with the
Division of Environmental Management.
A list of the ttatries and complete addresses of the
adjacent *9tetfroni,(rlparlan) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
I. 1
e
clf f
doodwfn .
.
.
Name
Address 7045 Martins. Point Rd, ` t?
?+
9 dtAf1P1GAt16N ANb PERMISSION
.
Kitty HAVk .j in :- 27949. .. .
td tNfth ON LANI)
-
Name Park d o h n s Any permit issued in response to this application will
,
Address ---J033. Martins Point R d :. allow only tho development described if
the application.
Kitty Hawk; N c. 2 7 9 4 9 .
The ptnject will be subject to.cotiditions and resti chotts
contained in the permit. ,
Name
Address t certify that to the best of my knowledge, the 060k 6d
activity complies with the Staid of North Carolitia'i tips
proved Coastal Management Program and mill be cohil
A list of previoii§ statd df federal pef fitIO issued for ducted in a manner consistent with such program.:..
work on the project tract. Include pett iit numbers; i'
pennittee, and issuiftg dates.
T
1 t further certify that 1 am authorized to grant, acid do in '
#
7
9 7 - 82 Martins Point i ii d : i s s u e d fact, grant permission to tepreSentatives of State and
federal review agencies to enter on tfid Afottifie"h iohed
in 1982 for boat basin, 4 c c l s s chann el lands iriconhection with evaluating infotThatioit related
bulkhead and p i s s to this permit application and follow-up monitoring of
A check for $280 trade payable to the l7epaitmeht of project..:
Environment , fldalth; And Natural Pwburcd§ to cover
the costs of procd§sirig the Applicatiott: n/? all
This is the ? day of 4PV 4 ; l9
A signed Ate hii2wd fititled for projects In oceanfront X
and inlet areas. Landowner or Jutlitized agent
A 'statement oti the ti§e 8l' otiblic tutik ft the project
involves the expenditure of public funds, AttAch a state-
ment documenting compliance with tfii; North CArolina
Environmental Policy Act (N.C.G.S. t t3A=t to 10):
vp?
4
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