HomeMy WebLinkAbout19950223 Ver 1_COMPLETE FILE_19950307q5 Q23
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
IT, I V-7
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[DEHNR
RECENED
MAR 0219W
ENVIRON QN^ AL?OIENOES February 24, 1995
MEMORANDUM
TO: Mr. A. Preston Howard, Director p
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Ernest Knighton
RECEIVED
WASHINGTON OFFICE
FEB 2 8 1995
Project Location: Lots 13, 14, 15, Edenton Bay Subdivision, Edenton, on the Albemarle
Sound
Proposed Project: To construct 481 feet of breakwater an average of 24 feet waterward
of the normal water level. The proposed breakwater will tie into 7
existing jettys and an adjacent bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by March 17, 1995. If you have any questions regarding the proposed
project, please contact Richard L. Watts 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
attached comments.
Signed DateL -
t
1367 U.S. 17 South, Elizabeth City, North Carollna 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
EwuTff-
To: John Dorney Me ( d
Planning Branch
• DIVISION OF ENVIRONMENTAL MANAGEMENT
Q CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # 1 5-0 7 9' WQ SUPERVISOR: THOR/,PE ?-
W REV IEWER: SAWYER DATE: 3 !/ $ ETLAND INFORMATION FOR CENTRAL OFFICE TRACKING /?
PERMIT YR: 92 PERMIT NO.: COUNTY: C?1"?o?--
PROJECT NAME:'
PROJECT TYPE: ERMIT TYPE: (I ?E
COE DOT #: 7
RCD FROM CDA: ( Q? DATE FROM CDA: 2--1 /?" S
REG OFFICE: WaRO AND SUB BASIN #: CSI e) IJ?
STREAM OR ADJACENT WATER BODY: /gr S?
CLASS : STREAM INDEX #: OPEN OR
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED?
RECOMMERDATION: SSUE ISSUE/COND DENY HOLD e ,
STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION:
4/ :2-1 / 6)? ? o- off'
WATER QUALITY CERT. (40.1)
CERT. REQ'D: N
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, OP , fii= ETC.)
TO BE PERMITTED BY:
(DEM, DHS,
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER : ?-4 WETLAND : • -0 -
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: 0000 v'_-
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
MEMORANDUM
DIVISION OF ENVI NMEPTAL MANAGEMENT
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews on Hold for Stormwater Review
Project:
Project No.: 13 !j'?)
Date Received:
I Comment:
Description of Project:
I ???
'-Ov'
Comments:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ernest Knighton
2. LOCATION OF PROJECT SITE: Lots 13, 14, 15, Edenton Bay Subdivision, Edenton, on the
Albemarle Sound
Photo Index - 1989: 111-4 Q15 1984: 111-852 F4
State Plane Coordinates - X: 842200 Y: 2709000
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/21/95
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - February 9, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Edenton
Land Classification From LUP - Conservation/Rural
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing - None
Planned - Septic tank and drainfield
(F) Type of Structures: Existing - Single family residence
Planned -
(G) Estimated Annual Rate of Erosion: 4 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
11,544 square feet
(C) Other
Public Trust Waters
(D) Total Area Disturbed: 11,544 square feet (.27 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: Closed
8. PROJECT SUMMARY: The applicant proposes to construct, feet of breakwater an average of 24
feet waterward of the normal water level. The proposed breakwater will tie into 7 existing jettys and
an adjacent bulkhead.
Ernest Knighton
Bio Report
Page Two
The applicant is an authorized agent for the landowner who owns three lots (13, 14, and
15), totalling 2.83 acres within Edenton Bay Subdivision, Edenton on the Albemarle Sound.
Edenton Bay Subdivision is a new subdivision located southeast across Queen Anne Creek from
downtown Edenton. The subdivision was the subject of CAMA Major Permit #126-92 issued
on January 27, 1993.
The lots range in elevation from approximately 6 inches above normal water level (NWL)
to approximately 6 feet above the NWL.
The soils on the project site grade from an excessively drained fine sand (mapped as
Wando) at the higher elevations to a very poorly drained silt loam (mapped as Chowan) along
the shoreline. The USCOE has delineated the shoreline of the three lots as "404" wetlands.
The USFWS has mapped portions of these lots as Palustrine Forested Deciduous wetland with
seasonal flooding. The dominant vegetation within the wetland area includes Acer rubrum (red
maple), Taxodium distichum (bald cypress), and Pinus taeda (loblolly pine). The understory
consists primarily of Cornus V. (dogwood), and Arundinaria gigantea (giant cane).
The waters of the Albemarle Sound are classified as SC by NC DEM adjacent to the
project. These waters are classified as Estuarine and Public Trust Waters by NC DCM. The
nearshore sound bottom is firm with no evidence of any submerged aquatic vegetation within the
project area. There are numerous bald cypress knees and stumps lying within this shallow water
area.
The adjacent lots north of the applicant's property were bulkheaded under CAMA Major
Permit #126-92. The adjacent lands south of the applicant's lots is undeveloped and believed
to be jurisdictional wetlands.
The applicant has constructed seven, 25 foot long jettys and one pier (192' x 5') with a
"T" head platform (16' x 16') under CAMA authorization (General Permit #12935A). There
is no evidence that 6 of the 7 jettys have slowed the normal erosion rate. The jetty built closest
to the southern property line may be collecting sand.
The applicant proposes to construct 421 feet of breakwater parallel to the shoreline an
average of 24 feet waterward of the normal water level. (The application states 17.6 feet,
however this measurement was obtained by scaling off the applicant's plat which does not
accurately reflect the actual shoreline.) The proposed breakwater will have a 5 foot minimum
gap every 100 feet and an overlap that does not exceed 10 feet. A gap of unstated width will
be left between sheathing. The breakwater will be built of salt treated timber and galvanized
hardware. The existing jettys will tie into the proposed breakwater. The north facing section
of breakwater will tie into the existing bulkhead. The water depth along the proposed
breakwater averages 3 feet under normal conditions.
Ernest Knighton
Bio Report
Page Three
Anticipated Impacts
The proposed project will result in the capture of approximately 11,544 square feet of
Public Trust Waters. The presence of 5 gaps every 100 feet will allow larger marine animals
access to approximately 237 feet of the shore. However, the remaining portion of the shore will
be blocked by the combination of breakwater and jettys. Turbidity levels within the sound will
be temporarily increased during construction. The presumed reduction in shoreline erosion will
benefit water clarity. Hand carrying materials across the wetlands as proposed will minimize
or eliminate wetland impacts.
CAMA Review
The site lies within both the Estuarine Waters and Public Trust Areas of Environmental
Concern. The Edenton Land Use Plan classifies the nearshore and "404" wetland areas of the
project as Conservation. This is not an area of unique geology. No historical and/or
archeological significance has been associated with the applicant's proposed project area.
A more complete LUP consistency review will follow under separate letterhead.
Submitted by: Richard L. Watts
Date: February 23, 1995
y a,.
Please type or print. Carefully describe all anticipated'
development activities, including construction, excav'? `s
tion, filling, paving, land clearing, and stormwater cori - _ - -- .-_"- z
trot. If the requested information is not relevant to your - - If you plan to build a marina, also complete and
project, write N/A (not applicable). Items 1-4 and 8-9 attach Form DCM-MP-2.
must be completed for all projects. b. Is the proposed activity maintenance -fn-
1 APPLICANT
existing project, new work, or both?
New
c. Willthe project be for communit rivate or
a. Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil Hills State N.C.
Zip 27948 Day phone (919) 441-0239
Landowner or X Authorized agent
b. Project name (if any) N/A
c. If the applicant is not the landowner, also give the
owner's name and address.
-Ernest Knighton
P.O, Box 275C
-Edenton, N.C. 27932
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Blair Court
b. City, town, community, or landmark
Edenton
c. County Chowan
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Albemarle Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier).- RraakvarPr
YP
commercial use?
Private
d. Describe the planned use of the project.
Shoreline erosion control
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 2.833 acres
b. Size of individual lot(s) 2.833 acres
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
(-' or ) 6' to 1'
d. Soil type(s) and texture(s) of tract
Wando fine sand Chowan Silt Loam
e. Vegetation on tract Holly, Loblolly, maple, oak
dogwood, baldcypress, giant cane
f. Man-made features now on tract bulkhead, pier,
betties, ouse
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R-40
i. How are adjacent waters classified?
SC
J. Has a professional archaeological survey been
carried out for the tract? Yes If so, by whom?
-Chesapeake Quaternary Incorporated
( for Phase I Edenton Bay)
3/91
5 UPLAND DEVELOPME1
Complete this section if the project
development.
T,,,7-
y land
a. Type and number of buildings, facilities, or
structures proposed One
b. Number of lots or parcelsI house on lots 13,
14, 15 Edenton Bay
c. Density (Give the number of residential units and the
units per acre.) 1/2.88 acres
d. Size of area to be graded or disturbed
N/A
If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
0%
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Concrete
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
N i'
j. Have these facilities received state or local approval?
nr /A
k. Describe existing treatment facilities.
septic tank and drain field
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N/A
m. Water supply source County
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public each accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (\AVL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
421'
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High/Aground excavation, in cubic yards
Length Width Depth
3/91
f. Dimensions of spoil disposal area ; c. i Shoreline erosion during preceding 12 months, in
N/A ? "JUffiLfeet (t or -) 4
g. Location of spoil disposal area N/A d. Type of bulkhead material wood
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where? N/A
j. Does the disposal area include any marshland,
swamps, or water areas?
k. «'ill the fill material be placed below mean high
water? No
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? No
p. DimelOw's of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hand tools, pump
s. Will wetlands be crossed in transporting equipment
to project site? YPS If yes, explain steps that will
be taken to lessen environmental impacts.
Lumber will be hand delivered to the
construction site from the highground/
wetland interface. All lumber will be
stored on highground.
7 SHORELINE STABILIZATION
a. Length of bulkhead breakwater
b. Average distance waterward of mean high water or
normal water level 17.6 feet
e. Amount of fill, in cubic yards, to be placed below
mean high water None
f. Type of fill material N/A
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 cant' 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 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. Army 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 personnel 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 comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
Name
Address P.O. Box 176
Edenton, N.C. 27932
Name
Address
Name
Address
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
p.oved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
A list of previous state or federal permits issued for and do in
work on the project tract. Include permit numbers, I further certify that I am authorized to grant,
permittee, and issuing dates. 1994 Jetties contructi¢>t, grant permission to representatives of state and
GPA - 12935 April 25,
federal review agencies to enter on the aforementioned
uatin
- 12762 October 12, 1993 Pier cons truc t ionlands in connection with evalg information related
GPA to this permit application and follow-up monitoring of
Boat Lift and Tee Head
t of project. check for $250 made payable to the DepartmenEnvironment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
This is the 1 day of February , 191-5-
X
Land Av Authorized agent
1u
r? ?? H3 V vi t±.?'?
?;,1M^-'"175. i
.......................... s s r ?s?••
. 3/'91
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ernest Knighton
2. LOCATION OF PROJECT SITE: Lots 13, 14, 15, Edenton Bay Subdivision, Edenton, on the
Albemarle Sound
Photo Index - 1989: 111-4 Q15 1984: 111-852 F4 RECEIVED
State Plane Coordinates - X: 842200 Y: 2709000 MAR
U 81995
3. INVESTIGATION TYPE: CAMA/D&F ENVIRONMENTAL SCIENCES
nOA ?-W
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/21/95
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - February 9, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Edenton
Land Classification From LUP - Conservation/Rural
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing - None
Planned - Septic tank and drainfield
(F) Type of Structures: Existing - Single family residence
Planned -
(G) Estimated Annual Rate of Erosion: 4 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Public Trust Waters
11,544 square feet
(D) Total Area Disturbed: 11,544 square feet (.27 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: Closed
Lk7•l
8. PROJECT SUMMARY: The applicant proposes to construct-4tT feet of breakwater an average of 24
feet waterward of the normal water level. The proposed breakwater will tie into 7 existing jettys and
an adjacent bulkhead.
Ernest Knighton
Bio Report
Page Two
The applicant is an authorized agent for the landowner who owns three lots (13, 14, and
15), totalling 2.83 acres within Edenton Bay Subdivision, Edenton on the Albemarle Sound.
Edenton Bay Subdivision is a new subdivision located southeast across Queen Anne Creek from
downtown Edenton. The subdivision was the subject of CAMA Major Permit #126-92 issued
on January 27, 1993.
The lots range in elevation from approximately 6 inches above normal water level (NWL)
to approximately 6 feet above the NWL.
The soils on the project site grade from an excessively drained fine sand (mapped as
Wando) at the higher elevations to a very poorly drained silt loam (mapped as Chowan) along
the shoreline. The USCOE has delineated the shoreline of the three lots as "404" wetlands.
The USFWS has mapped portions of these lots as Palustrine Forested Deciduous wetland with
seasonal flooding. The dominant vegetation within the wetland area includes Acer rubrum (red
maple), Taxodium distichum (bald cypress), and Pinus taeda (loblolly pine). The understory
consists primarily of Corpus 52. (dogwood), and Arundinaria iggantea (giant cane).
The waters of the Albemarle Sound are classified as SC by NC DEM adjacent to the
project. These waters are classified as Estuarine and Public Trust Waters by NC DCM. The
nearshore sound bottom is firm with no evidence of any submerged aquatic vegetation within the
project area. There are numerous bald cypress knees and stumps lying within this shallow water
area.
The adjacent lots north of the applicant's property were bulkheaded under CAMA Major
Permit #126-92. The adjacent lands south of the applicant's lots is undeveloped and believed
to be jurisdictional wetlands.
The applicant has constructed seven, 25 foot long jettys and one pier (192' x 5') with a
"T" head platform (16' x 16') under CAMA authorization (General Permit #12935A). There
is no evidence that 6 of the 7 jettys have slowed the normal erosion rate. The jetty built closest
to the southern property line may be collecting sand.
The applicant proposes to construct 421 feet of breakwater parallel to the shoreline an
average of 24 feet waterward of the normal water level. (The application states 17.6 feet,
however this measurement was obtained by scaling off the applicant's plat which does not
accurately reflect the actual shoreline.) The proposed breakwater will have a 5 foot minimum
gap every 100 feet and an overlap that does not exceed 10 feet. A gap of unstated width will
be left between sheathing. The breakwater will be built of salt treated timber and galvanized
hardware. The existing jettys will tie into the proposed breakwater. The north facing section
of breakwater will tie into the existing bulkhead. The water depth along the proposed
breakwater averages 3 feet under normal conditions.
Ernest Knighton
Bio Report
Page Three
Anticipated Impacts
The proposed project will result in the capture of approximately 11,544 square feet of
Public Trust Waters. The presence of 5 gaps every 100 feet will allow larger marine animals
access to approximately 237 feet of the shore. However, the remaining portion of the shore will
be blocked by the combination of breakwater and jettys. Turbidity levels within the sound will
be temporarily increased during construction. The presumed reduction in shoreline erosion will
benefit water clarity. Hand carrying materials across the wetlands as proposed will minimize
or eliminate wetland impacts.
CAMA Review
The site lies within both the Estuarine Waters and Public Trust Areas of Environmental
Concern. The Edenton Land Use Plan classifies the nearshore and "404" wetland areas of the
project as Conservation. This is not an area of unique geology. No historical and/or
archeological significance has been associated with the applicant's proposed project area.
A more complete LUP consistency review will follow under separate letterhead.
Submitted by: Richard L. Watts
Date: February 23, 1995
,.- ? •,,J _. 'fit ?.`?.^,,: '?
Please type or print. Carefully describe all anticipated
development activities, including construction, exca1, fl, L1...'?
__ -- --- ..... y
tion, filling, paving, land clearing, and stormwater con -
trot. If the requested information is not relevant to your - - If you plan to build a marina, also complete and
project, write N/A (not applicable). Items 1-4 and 8-9 attach Form DCM-MP-2.
must be completed for all projects. b. Is the proposed activitymaintenance ofan
1 APPLICANT
a. Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil Hills State N. C.
Zip 27948 Day phone (919) 441-0239
Landowner orgAuthorized agent
existing project, new work, or both?
New
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Shoreline erosion control
b. Project name (if any) N/A
c. If the applicant is not the landowner, also give the
owner's name and address.
Ernest Knighton
P.O. Box 275C
Menton, N.C. 27932
2 LOCATION OF PROPOSED
PROJECT
a. Street address or seconda road n b
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 2.833 acres
b. Size of individual lot(s) 2.833 acres
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum '
(-for -)_61 to 1'
d. Soil type(s) and texture(s) of tract
Wando fine sand Chowan Silt Loam
ry um er
Blair Court e. Vegetation on tract Holly, Loblolly, maple, oak
b. City, town, community orlandmark dogwood, baldcypress, giant cane
,
Edenton f
c. County Chowan g
d. Is proposed work within city limits or planning
jurisdiction?Yes
e. Name of body of water nearest project
Albemarle Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Rraakw;gfpr
Man-made features now on tract bulkhead, pier,
betties; louse
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use pl'an.)
X Conservation X Transitional
Developed Community
Rural Other
.I
h. How is the tract zoned by local government?
R-40
i. How are adjacent waters classified?
SC
J. Has a professional archaeological survey been
carried out for the tract? Yes If so, by whom?
Chesapeake Quaternary Incorporated
( for Phase I Edenton Bay)
3/91
t 1
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land...r
development. -°
a. Type and number of buildings, facilities, or m. Water supply source County
structures proposed One
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
b. Number of lots or parcels 1 house on lots 13 , public bbeach accessways or provide new access.
14, 15 Edenton Bay N/A
c. Density (Give the number of residential units and the
unitsperacre.)1/2.88 acres
d. Size of area to be graded or disturbed o. If the project is on the oceanfront, what will be the
N/A elevation above mean sea level of the first habitable
flnnr') N/A ,_
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
0%
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Concrete
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
t1 /A
j. Have these facilities received state or local approval?
N lA
k. Describe existing treatment facilities.
septic tank and drain field
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (11,tiWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
421'
b. Amount of material to be excavated from below
water level in cubic yards N/A
C. Type of material N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
N/A
Length Width Depth
?r
3/91
_r
L
Dimensions of spoil disposal area !? c.? Shoreline erosion during preceding 12 months, in
N/A LJfT9_` L?=feet (t or -) 4
g. Location of spoil disposal area NiA------------------- d Type of bulkhead material wood
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where? N/A
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? No
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? No
p. Dime Or of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hand tools, pump
s. Will wetlands be crossed in transporting equipment
to project site? YPG If yes, explain steps that will
be taken to lessen environmental impacts.
Lumber will be hand delivered to the
construction site from the highground/
wetland interface. All lumber will be
stored on highground.
7 SHORELINEbSTABILIZATION
a. Length of bulkhead or npcap er 421
b. Average distance waterward of mean high water or
normal water level 17.6 feet
e. Amount of fill, in cubic yards, to be placed below
mean high water None
f. Type of fill material N/A
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 cant' 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 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. Army 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 personnel 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 comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
Name
Address P.O. Box 176
Edenton, N.C. 27932
Name
Address
Name
Address
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
p.oved Coastal Management Program and will be con-
A list of previous state or federal permits issued for ducted in a manner consistent with such program.
work on the project tract. Include permit numbers, I further certify that I am authorized to grant, and do in
.
permittee, and issuing dates5
GPA - 12935 April 2, 1994 Jetties contructiteral review atgencries oto representatives of state and
enter on the aforementioned
GPA - 12762 October 12 1993 Pier cons tructionlands in connection with evaluating information related
Boat Lift and Tee' Head to this permit application and follow-up monitoring of
f project. check for $250 made payable to the Department oEnvironment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
.
This is the 1 day of February 1995
X
Land vner r Authorized agent
------------------------
3/91
r
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that ERNEST
KNIGHTON of Chowan County, filed an application on February 9, 1995, 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.
Z
According to said application ERNEST KNIGHTON proposes to construct feet
of breakwater an average of 24 feet waterward of the normal water level. The proposed
breakwater will tie into 7 existing jettys and an adjacent bulkhead. The property is located at
Lots 13, 14, 15, Edenton Bay Subdivision, Edenton, on the Albemarle Sound.
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 at the office of Richard L. Watts, Division of Coastal Management, located at 1367
US 17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before March 27, 1995. 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 Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
March 22, 1995 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
March 17, 1995 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 request.
PUBLISHED ON: THURSDAY, MARCH 2, 1995
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
March 21, 1995
Regulatory Branch
Action ID No. 199501836
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
? 31995
Enclosed is the application of Mr. Ernest Knighton for Department of the
Army authorization and a State Water Quality Certification to construct a
breakwater in front of his property, identified as Lots 13-15, Edenton Bay
Subdivision, located off Blair Court, adjacent the Albemarle Sound, Edenton,
Chowan 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 May 21, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, Regulatory Branch, telephone (919) 975-3694.
Sincerely,
e Wri
ie Regula ry Branch
Enclosure
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, District Manager
Division of Coastal Management
North Carolina Department of
Environment,
Health, and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Printed on ® Recycled Paper
DIVISION OF COASTAL MANAGEMENT RECEIVED
FIELD INVESTIGATION REPORT FEB 2 7 Fq?-
1. APPLICANT'S NAME: Ernest Knighton REGULATORY BRANCH
2. LOCATION OF PROJECT SITE: Lots 13, 14, 15, Edenton Bay Subdivision, Edenton, on the
Albemarle Sound
Photo Index - 1989: 111-4 Q15 1984: 111-852 F4
State Plane Coordinates - X: 842200 Y: 2709000
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/21/95
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - February 9, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Edenton
Land Classification From LUP - Conservation/Rural
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing - None
Planned - Septic tank and drainfield
(F) Type of Structures: Existing - Single family residence
Planned -
(G) Estimated Annual Rate of Erosion: 4 feet
Source - Applicant
7. HABITAT DESCRIPTION:
DREDGED
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Public Trust Waters
(D) Total Area Disturbed: 11,544 square feet (.27 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: Closed
[AREA]
11,544 square feet
8. PROJECT SUMMARY: The applicant proposes to construct A e feet of breakwater an average of 24
feet waterward of the normal water level. The proposed breakwater will tie into 7 existing jettys and
an adjacent bulkhead.
N
Ernest Knighton
Bio Report
Page Two
The applicant is an authorized agent for the landowner who owns three lots (13, 14, and
15), totalling 2.83 acres within Edenton Bay Subdivision, Edenton on the Albemarle Sound.
Edenton Bay Subdivision is a new subdivision located southeast across Queen Anne Creek from
downtown Edenton. The subdivision was the subject of CAMA Major Permit #126-92 issued
on January 27, 1993.
The lots range in elevation from approximately 6 inches above normal water level (NWL)
to approximately 6 feet above the NWL.
The soils on the project site grade from an excessively drained fine sand (mapped as
Wando) at the higher elevations to a very poorly drained silt loam (mapped as Chowan) along
the shoreline. The USCOE has delineated the shoreline of the three lots as "404" wetlands.
The USFWS has mapped portions of these lots as Palustrine Forested Deciduous wetland with
seasonal flooding. The dominant vegetation within the wetland area includes Acer ru rum (red
maple), Taxodium distichum (bald cypress), and Pinus taeda (loblolly pine). The understory
consists primarily of Corpus p. (dogwood), and Arundinaria g_ga ntea (giant cane).
The waters of the Albemarle Sound are classified as SC by NC DEM adjacent to the
project. These waters are classified as Estuarine and Public Trust Waters by NC DCM. The
nearshore sound bottom is firm with no evidence of any submerged aquatic vegetation within the
project area. There are numerous bald cypress knees and stumps lying within this shallow water
area.
The adjacent lots north of the applicant's property were bulkheaded under CAMA Major
Permit #126-92. The adjacent lands south of the applicant's lots is undeveloped and believed
to be jurisdictional wetlands.
The applicant has constructed seven, 25 foot long jettys and one pier (192' x 5') with a
"T" head platform (16' x 16') under CAMA authorization (General Permit #12935A). There
is no evidence that 6 of the 7 jettys have slowed the normal erosion rate. The jetty built closest
to the southern property line may be collecting sand.
The applicant proposes to construct 421 feet of breakwater parallel to the shoreline an
average of 24 feet waterward of the normal water level. (The application states 17.6 feet,
however this measurement was obtained by scaling off the applicant's plat which does not
accurately reflect the actual shoreline.) The proposed breakwater will have a 5 foot minimum
gap every 100 feet and an overlap that does not exceed 10 feet. A gap of unstated width will
be left between sheathing. The breakwater will be built of salt treated timber and galvanized
hardware. The existing jettys will tie into the proposed breakwater. The north facing section
of breakwater will tie into the existing bulkhead. The water depth along the proposed
breakwater averages 3 feet under normal conditions.
N
Ernest Knighton
Bio Report
Page Three
Anticipated Impacts
The proposed project will result in the capture of approximately 11,544 square feet of
Public Trust Waters. The presence of 5 gaps every 100 feet will allow larger marine animals
access to approximately 237 feet of the shore. However, the remaining portion of the shore will
be blocked by the combination of breakwater and jettys. Turbidity levels within the sound will
be temporarily increased during construction. The presumed reduction in shoreline erosion will
benefit water clarity. Hand carrying materials across the wetlands as proposed will minimize
or eliminate wetland impacts.
CAMA Review
The site lies within both the Estuarine Waters and Public Trust Areas of Environmental
Concern. The Edenton Land Use Plan classifies the nearshore and "404" wetland areas of the
project as Conservation. This is not an area of unique geology. No historical and/or
archeological significance has been associated with the applicant's proposed project area.
A more complete LUP consistency review will follow under separate letterhead.
Submitted by: Richard L. Watts
Date: February 23, 1995
Please type or print. Carefully describe all anticipated
development activities, including construction, excayj! L? J
-- - ---
tion, filling, paving, land clearing, and stomlwater co-_
our - If you plan to build a marina, also
trol. If the requested information is not relevant to your""
project, write N/A (not applicable). Items 1-4 and 8-9 attach Form DCM-MP-2.
tb 1
complete and
mus V. comp eted for all protects. b. Is the proposed activity maintenance of an
1 APPLICANT
a. Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil Hills State
N. C.
Zip 27948 Day phone (919) 441-0239
Landownerorx_ Authorized agent
b. Project name (if any) N/A
c. If the applicant is not the landowner, also give the
owner's name and address.
Ernest Knighton
P.O. Box 275C
Edenton, N.C. 27932
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Blair Court
b. City, town, community, or landmark
Edenton
c. County Chowan
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Albemarle Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Bract .,star
existing project, new work, or both?
New
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Shoreline erosion control
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 2.833 acres
b. Size of individual lot(s) 2.833 acres
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum '
(-* or -1 6' to 1'
d. Soil type(s) and texture(s) of tract
Wando fine sand Chowan Silt Loam
e. Vegetation on tract Holly, Loblolly, maple, oak
dogwood, baldcypress, giant cane
f. Man-made features now on tract bulkhead, pier,
jetties, ouse
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation X Transitional
Rural Developed Community
Other
h. How is the tract zoned by local government?
R-40
i. How are adjacent waters classified?
Sc
j. Has a professional archaeological survey been
carried out for the tract? y,Ps If so, by whom?
Chesapeake Quaternary Incorporated
for Phase I Edenton Bay)
3/91
ti
5 UPLAND DEVELOPMENI
, ,;,
Complete this section if the project includes
development. t
JG5
yland
a. Type and number of buildings, facilities,'oc
structures proposed One
b. Number of lots or parcels 1 house on lots 13,
14, 15 Edenton Bay
c. Density (Give the number of residential units and the
units per acre.) 1 / 2.88 acres
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
0%
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Concrete
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
m. Water supply source County -
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or 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
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (INWL)
Boat basin
Other Q-rr uL-
water, pier,
boat ramp,
rock jetty)
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
-
9.1A
Have these facilities received state or local approval?
Ng
k. Describe existing treatment facilities.
septic tank and drain field
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
421'
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated include marshland,
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down'). N/A
swamps, or other wetlands.
N/A
e. HighJground excavation, in cubic yards
14/91
[ 1? X110itV4
1. Dimensions of spoil disposal area c.€; shoreline erosion during preceding 12 months, in
N/A I-1 "`oy _J-U L=Lfeet t -) 4
g. Location of spoil disposal area N/A d. Type of bulkhead material wood
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where? N/A
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards N/A
m. Type of fill material N/A
n. Source of fill material NIA
o. Will fill material be placed on marsh or other
wetlands? No
p. Dime Or of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hand tools, pump
s. Will wetlands be crossed in transporting equipment
to project site? Y,.q If yes, explain steps that will
be taken to lessen environmental impacts.
Lumber will be and delivered to the
construction site from the highgroun
wetland interface. All lumber will be
stored on highground.
7 SHORELINEbSTABILIZATION
a. Length of bulkhead of npcap er 421
b. Average distance waterw rd of mean high water or
normal water level 17.6 feet
e. Amount of fill, in cubic yards, to be placed below
mean high water None
f. Type of fill material N/A
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.
An 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. Army 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 personnel 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 comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
Name
Address P.O. Box 176
Edenton, N.C. 27932
Name
Address
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
Name I certify that to the best of my knowledge, the proposed
Address activity complies with the State of North Carolina's ap-
p.oved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, I further certify that I am authorized to grant, and do in
permittee, and issuing dates.
GPA - 12935 April 25, 1994 Jetties contructifgde, ail rreevie prmission aaenc es torepresentatives of state and
e ter on the aforementioned
GPA - 12762 October 12 1993 Pier constructionlands in connection with evaluating information related
' Head to this permit application and follow-up monitoring of
Boat Lift and Tee
t of project. check for $250 made payable to the DepartmenEnvironment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
This is the 1 day of February ,1995 .
Land Ancr Authorized agent
X - zl--? ??
r? FE -
w
..........................+=
3/91
ENV O MENTAL PRA' ' I?NAiS, INC. b
Planning for a better environment
(919) 441-0239 5 y
April 3, 1995
RECEIVED
The U. S. Department of Army APR I I
Attn: Mr. Raleigh Bland ???RNfMH????
P. O. Box 1000
Washington, NC 27889-1000
Dear Mr. Bland:
This letter is in response to your March 21, 1995, correspondence regarding action I.D.
No. 199501836 (Mr. Ernest Kinghton) to construct a breakwater on Lots 13 through 15,
Edenton Bay Subdivision, on the Albemarle Sound in Chowan County, North Carolina.
Your letter requested compliance with the Memorandum of Agreement between the U.
S. Environmental Protection Agency and the Corps of Engineers.
This project has been carefully designed to use the sequencing of the Memorandum of
Understanding. The proposed placement of the breakwater is waterward of the existing
wetland alignment, and therefore, would result in lower wave energies on the adjoining
erosion escarpment at the wetland interface. With regards to the practical steps taken
to minimize wetland losses, this project intends to stabilize the shoreline so that
continued erosion of the wetland interface will be terminated.
Because there is no loss of wetlands associated with the proposal, there is no
unavoidable adverse impacts, and therefore, no need for mitigation. We feel that we
have met the conditions of the Memorandum of Agreement and ask that you continue
processing this application as proposed.
Sincerely,
4 J1' bt4l
George H. Wood, CEP
APR 6 1995
cc: North Carolina Division of Environmental Management
Water Quality Section
P. O. Box 29535
Raleigh, NC 27626-0535
1NATE y
SECT ON
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368
North Carolina Division of Coastal Management
1367 U. S. 17 South
Elizabeth City, NC 27909
Ernest Kinghton
P. O. Box 275-C
Edenton, NC 27932