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HomeMy WebLinkAbout19980004 Ver 1_COMPLETE FILE_19980102.! ?10/26/1999 08:39 2524410721 ENVIRONMENTAL PROFES PAGE 01 P.O. Banc 3380 KP DrA Mft, NOM CaK64ft Phons262.441-0239 Far 263-4441-0721 ;;? -?/(y 7- . E- fri ,o Cindy Bell frw GeoMe H. Wood CEP Iyuo 919-733-WW Psom 1 of 2 Daft 101'18199 Iles CGt © urgmt 0 far Iledow 0 ww. Cm M 1 ? plea. Remy 0 Heals aeyae * 10/26/1999 08:39 2524410721 NERIF?IIp .. S w• M ]AM ;d w 4+?iwi' wri i At? tMMS« 1.7F?+;li 1 wL, VICINITY MAP J ..?. .. MR f . ,. . . UrAF% A09-All flu RfCFlvfn WAS- WS OQM -1' {' r . ` ` ' JaN, I,INwS - , 0 i I 1 MO OMm4N MW"m . IOMM or a4m ? , . ?? . •. [?K?1 bowl bAr SAL MvodtA M?1dtM ' f s?* ?*'" ss.ea? so R AM=A X tCs?•lw .'f 9kG4w?r?s 10.0E 0=VAlEO f SASK, . ?1 . .. &%ft AWA ' t Y ? + , got" Now aw 'Dt -4• pOil 09?•N1 -&s' IM OF MWALL (Amwa W 6AMA rowT ss «) ' zr, AOtQ lAMYOt XWT f i N01ii VQft LOT { r I , ,w ,wMa IWAatgw tKw air utN . Was sa n W&OWN ANA _ •. . M OOMnM. /WS 9AM - lW W7 « R. MO " W- OO im -.7"" t4 R riMl auwsM - f4rit W rOt e0 PDAIl04AA LkDWM ® ARC 70 it Z=vnq AKA W W O„ VAIY i C T CE Zvi s??? 5 - iy i?I i l WINFALL LANDING .a" t- ,«. F•j A4S ANC. P OAIM A T1 LAN Yin M(1116WIT CAMA MAJOR PMMIT A ' PP UCA710N eMAwi ?„ ,, • ?=i1 M nw ir??ae _?.... ..,• .. Me?ttag I11 44e40 mar orm ("o 40 SM ENVIRONMENTAL PROFES PAGE 02 TOTAL P•02 DIVISION OF COASTAL MANAGEMENT RECEIVED FIELD EWESTIGATION REPORT 2 1511'8 ENVIRONMENTALSCIENCES 1. APPLICANT'S NAME: John W. Harris 0 4 2. LOCATION OF PROJECT SITE: End of Major Street, off NC 37, Winfall Town Limits, Perquimans County, Perquimans River Photo Index - 1995: 160-1650 (T-3, U-2,3) 1989: 118-1 (J-24) 1984: 116-806 (B,C-4) 1979: 128-1610 (Q,R-13) State Plane Coordinates - X: 2747300 Y: 904430 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 12, 1997 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - December 10, 1997 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation; Developed (B) AEC(s) Involved: PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Canal and basin Planned - Enlarge canal and basin (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] T)RFTX;FT) FTT.T .F.T) OTHER (A) Vegetated Wetlands Fringe 800 s q. ft. (B) Non-Vegetated Wetlands PT 14,700 s q. ft. (C) Other Upland 62 500 s .ft. 173,250 s .ft. (D) Total Area Disturbed: 265,950 sq. ft. (6.11 ac.) Total Land Disturbed 236,550 sq. ft. (5.43 ac.) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicant proposes to expand an existing canal and basin in Public Trust Waters. The basin will be enlarged from an existing size of 65' x 80' to a size of 200' x 250' and the canal will be enlarged/widened from an existing size of 25' to a size of 70'. John W. Harris Bio Report Page Two The applicant owns a 16.03 acre tract located at the end of Major Street of NC 37, within the Winfall Town limits, Perquimans County. A man-made canal leads from the Perquimans River, through an adjacent tract owned by the Town of Winfall and into the applicant's property. The western boundary of the property is the Norfolk and Southern Railway Company, Inc. causeway to the train bridge across the Perquimans River. The tract originally contained 19.4 acres. In 1996 the Town of Winfall was conveyed 3.367 acres for a waterfront park resulting in the current tract size (16.03 acres). The property has an elevation of approximately 6 ft. above NWL (normal water level) and is mostly flat and open with indigenous grasses and loblolly pine (Pinus taeda) being the primary vegetation on site. The site is periodically mowed and/or disked. The property served as the location for the Major Loomis Lumber Mill that existed until the 1940's. Currently, a portion of the property is the site of a concrete mixing business. Other man-made features on the property include the canal and a basin. The canal is located on the western side of the property and runs parallel to the Norfolk and Southern Causeway. The canal is a continuation of the canal described in a recently submitted CAMA field report for a Major Permit application for the Town of Winfall. The applicant owns both canal banks and the canal was probably dug to provide fill for the railroad causeway. The canal is approximately 400 ft. long, 20-25 ft. wide, and has a water depth of 4.5 ft. Located at the northern end of the canal is a 65' x 85' basin that has a maximum water depth of 5 ft. Plant life existing along the NWL include arrow arrum (Peltandra virginica), common reed (Phragmites communis), small sweetgum (Liquidambar styraciflua) and small loblolly pine. The canal shoreline is considered a wetland fringe that averages 2 ft. in width. A white water lilly (Nymphaea odorata) bed is established in a corner of the basin and floating filamentous algae covered nearly half of the surface waters of the basin at the time of the site visit. The canal waters appeared free of algae rafts. An agricultural drainage ditch is connected to the basin and drains approximately 40 acres of adjacent farmland. The Division of Environmental Management classifies the waters of the Perquimans River in this area as SC. The applicant proposes to widen and deepen the existing canal and to expand the existing boat basin. The bank adjacent to the train causeway will not be disturbed. The applicant proposes to match the canal width of the Winfall Major Permit proposal (45') at the shared property line at the applicant's southern boundary. From the property line, the canal will be widened to a uniform width of 70 ft. The proposed water depth at the property line is 51h ft. and the proposed water depth for the canal end and the connecting boat basin expansion is 5 ft. The applicant proposes to expand the existing 65' x 80' basin to a 200' x 250' basin. The John W. Harris Bio Report Page Three proposal calls for the basin expansion to occur to the north and east of the existing basin. All spoil will be handled on site in a designated 3210' x 825' area. The wet spoil will be surrounded by silt fencing to prevent sediment sloughing. Dry spoil will be spread and leveled over the disposal area. The dredging of the existing canal and basin will disturb approximately 14,700 sq.ft. of existing Public Trust Area. The enlargement of the existing canal and basin will disturb 600 sq.ft. of uplands, destroy 800 sq.ft. of wetland fringe and create 63,300 sq.ft. of additional Public Trust Area. It is estimated that 18,756 cubic yards of material will be excavated to enlarge the canal and basin as proposed. This represents a 6,623 cubic yard increase from the amount indicated by the applicant. The designated spoil handling site will occupy 173,250 sq. ft. of uplands. It is anticipated that two additional acres will be needed to accommodate all spoil material. Additional area is available at the site. Water circulation and exchange within the existing canal appears to be low. The configuration of the prepared basin will not enhance water circulation and exchange. The development proposal involves the Public Trust Waters Area of Environmental Concern. The proposed project is not located within an area having historical/archeological significance. The development site is not geologically unique. No submerged aquatic vegetation was found at the development area. A Perquimans Count Land Use Plan consistency review will be submitted at a later date. Submitted by: Frank A. Jennings, III Date: December 17, 1997 Form DCM-MP-1 APPLICATION RECE!Vr-') ?? OCT 3 0 ;97 (To be completed by all applicants) b. City, town, community or landmark Town of Winfall, NC 1. APPLICANT a. Landowner: Name John W. Harris Address 6210-B Virginia Beach Blvd. City Norfolk Zip 23502 State VA Day Phone (757) 455-5151 Fax (757) 455-5232 b. Authorized Agent: Name Robert C. Baker, Jr. Address P 0 Box 10 City Hertford State NC Zip 27944 Day Phone (919) 426-2027 Fax (919) 426-4034 c. Project name (if any) Winf all Landing NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Perquimans County c. Street address or secondary road number Major St. @ NC Route 37 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest pro ect (e.g. river, creek, sound, bay) Perquimans aver 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Existing 400' long canal to be widened by 50'. Existing boat basin to be lengthened b 170' and widened by 135'. This project correspon s wit own o in a app ication. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? public/private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. fn conjunction with the Town of Winfall - Winfall Landing Project. This phase will provide for small boat access to future residential housing. The project wi enable visitors an residents o Win all an Perquimans County to visit by boat. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 16.03 Acres b. Size of individual lot(s) N/A c. Approximate elevation of tr;ct above MHW or NWL Six (6) feet AIWI, d. Soil type(s) and texture(s) of tract Augusta - Fine Sandy Loam e. Vegetation on tract Pines, Hardwood, Grass f. Man-made features now on tract Canals, Boat basin, Road and Utilities g. What is the CAMA hand Use Plan land classification of the site? (consult the local land use plan.) Conservation X Transitional X Developed Community Rural Other h. How is the tract zoned by local government? Highway - Commercial (H-C) L Is the proposed project consistent with the applicable zoning? X Yes No (Anach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes No Coastal (marsh) Other -7 If yes, has a delineation been conducted? Yes (Attach documentation, if available) 2 ` waterline wetlands per Frank Jennings, CAMA. OCT 1997 m. Describe existing wastewater treatment facilities. None currently on site. Townwide waste water system under development. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface run-off. o. Describe existing drinking water supply source. County-wide water system line on Maior Street. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. 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, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of 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 D-.A..-A A1109 Form DCM-MP-1 L -27 OCT G site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that 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 approved Coastal Management Program and will be conducted in a manner consistent with such program. Name Town of Winfall, NC Address P 0 Box 275, Winfall NC 27985 Phone - Name Chesapeake & Albemarle RR, Co. Address West Church St, Elizabeth City NC Phone (919) 338-3777 27909 Name Address Phone _ • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the casts of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the IV day of La_, 1997 . Print Name ?? P Signature- X7!5 - wrur or Authorized Agent v -- Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MT-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 • Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Erisdng Project Len¢th Width Depth Depth Access channel (MLw) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) N/A ting 400' 20' 4' anal 5' 5" 80, 65 S' 250' 200' S' N/A N/A :.. ; z /A ?%? Yra <;;> N N/A 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 7) 583 cu yds b. Type of material to be excavated Fine Sandy Loam c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _X Yes No (2' waterline wet]alds <$00sq. ft. tit 550 cu yd. d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area On si to b. Dimensions of disposal area 825 X 210 X 2' (4 acres) c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where) (51- site Revised 03/95 Form DCM-M11-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No RECE1V D If Yes, OCT 3 0 1997 (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of infornnation) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing for dewatering and run-off of spoil. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Dragline, backhoe, bulldozer c. Will wetlands be cr3ssed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) N/A a. Will fill material be brought to site? Yes No Winfall Landing Applicant or ject Name Signs /%7.2s.?• Date Revised 03195 Hertford i' WOODL.A Yt SR 1110 lk_*,!k! I , _. CO 7 KING w STO Y 17 QQr I w sQ JIMMY LATER ? ? iSUNSET ARTIE i a J iw Crow Point ,J rrow Point _ t\ 9c,; ? V1 f Q l l ? G ?1 / rl q ??? YSs-3 R7,""" m fIn 501 7 x= f ,x W x ri x n ?x? Xru???? sx x ?, , 46, x X, X X X X X r s ? ?x a x K ? ,? ' x x?Gn ?Qy,?S Q s x: :.? x X IG e l 0 ?C ? ? X -Y, W f r{ sX X X?? -X sX X - X ? a X' •...;???. K X x v s X. -?. $ XXX s ??? :.K 'x x K X ?? x; X X.XX ? Xt xxXx X K 3 9c` `X X X xX I X'` x x x xXXX x - s y SxTD?nxd"f 1 t4ja a o ?, ? X 3,367 aG? X--S?a;1 d`7?sPa5a? v ? .?C X X X X a?1 .S -S,lf Feoc t 5 x x s. y I x, x ?trdWwl Draw A RuJ? (7,4?-< ; 10/r?F7 z _S r° I I\ a s. ' S I F - (1 1 ? d ?r I s ?' o M a ti RECERTD M II II d a? ? S o d L `';. s A ti ILA V S V v x L-Lj L? i , ?,? // ? a ,, I, m Pa rK Ss3 = Existing Size 65' X 80' Final Size 200'X 250' Q e 0 J ?C W Y W 0.. to 2 U Existing Width 30' Final Width 45' Existing Depth 4.0' Final Depth 6.0' a n , 0 Existing Width 20' Final Width 70 / Existing Depth 5.0' .0 Final Depth 5 0 a ?rt ?Qy,15 lG?p3 ac Existing Width 25' Final Width F' Existing Depth 6 0' 5' 5 Final Depth . Existing Width th 26 45 Final Wid Existing Depth ' 5.0.0 5 6 Final Depth r . .r 8 n d T 3,367 ac, a In Jc dwalK P r B ?Xie t„t ?J<r? Nw I n OCT 3 0 1997 P4AN VIED ScQ?t _ s Dr-o w rt ?y ; R I JJ ?1 ?a ? Q Y1 I h S6-3 FROM FGF/VD -S;(f Fe occ e rl s,'tt ;;JJ i 4'n d- d-is pc>?, - h ,SCc?c ? ,? _? y c DrGLj;l 17af'< ,? ? v/7? i ? Z S_ MM 77 I IA? i 44 i -t, d v o ? r--t? IDO 'd v k v ? M, v ? N - O 'J J v v x _J State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John Harris 6210-B Virginia Beach Blvd. Norfolk VA 23502 Dear Mr. Harris: D E N R January2l, 1998 DWQ Project # 980004 Perquimons County The Division of Water Quality has reviewed your plans to excavate a canal located at Winfall Landing in Perquimons County for canal extension and boat basin construction. Based on this review, we have identified significant uses, which would be removed or degraded by this project. We are concerned that this long, dead and canal would violate dissolved oxygen water quality standards. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you construct your project with either (1) a 300-foot long canal (or less) or (2) the use of an appropriate model, which demonstrates that the dissolved oxygen (DO) standard will be protected? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to Ms. Deborah Sawyer, _DWQ Washington Regional Office at 1424 Carolina Avenue, Washington NC 27889. If we do not hear from you in two weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-1786 if you have any questions. cc: Washington DWQ Regional Office Wilmington Office Corps of Engineers Central Files John Dorney Washington Field Office Corps of Engineers John Parker; DCM Sinc rel John . Domey Water Quality Certification Pro ram 980004.nty Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1786 • FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Future Site of Winfall Landing Winfall, NC (Perquimans County) V a i i DWQ/WARO Fax:252-946-9215 Oct 22 '99 10:36 P.01 DIVISION OF WATER QUALITY WASHINGTON REGIONAL OFFICE WASHINGTON. N.C. 27889 Phone: 252-946-6481 FAX. 252-:946-9216. TO: C YN v ?? c c. FAX NO.. Ti B 9 S 9 FROM: DATE: _ _ LQL2L4 t t # OF PAGES (INCLUDING COVER): sCOMMENTS: ??ec Al-r . Oct 22 '99 10:36 P.02 m 1 700 975 3716 P.03i03 I#?4 %94? ?a DWQ/WARO Fax:252-946-9215 FEB-23-1998 1130 FROM T PW4 f t 1 Y Bladder T"t %a Both k i Dcptb 6, J? 1 M 1 i j RMI ?- tWpl1M ?' : ?,.1 oa?tt+ ?.s 3-767Ac- F.n w YiiC.h b' r' a iT . iI11? ^rCDii? ? -P4 AN VI4 '* SL-a TOTAL P.03 DWQ/WARO Fax:252-946-9215 Oct 22 '99 1036 P.03 FEB-23-1998 11=30 FROM TO 1 700 975 3716 P.82/83 Econonrlc De°veloprRCenr Commkslen ForgWrnaas ComV,, ,rlfarrh CaroltraQ P.O. Hoe 10 3W- ('919)426-2427 Ili "Vord, NC 27944 VAX-. 2 926-M4 FAX NF- l0)UN2) M te- February 11, 1998 zv.Ir. Fnmk A. Jemniro, M - Coastal Mamagemftt Repmseatafive State of Nolrtlt Carolina. Department of Environmat4 Hsaitk and Natural Resoume, Division of Coastal I aUnq=ent Wo fax 919-264-3723) Ms. Deborah A. Sawyer -DBHNR Witter Quality Mr. Joba W. Hants - thmer Mayor Fired Yates - Town of WifiN, NC Mir. Paul Gregory - Cotiaty Mona Perquimm Comfy, NC Mr. Ro tley Johnson- Albwwle RC do D PCEDC - Rown Baker FCEDC Rg, &OW.= John W. Harris (Winfall Unding)1.4jur Permit Application. Thank you far your intsr est acid coping prof=lonail assistance. This N9240 is to update your office on the status of our project and to provide the rcsulto of a irccaat site mecting vdth DFITIR reprosmatives. On January 9, 1998 Ms. Deborah Sawyer and M. Mok Fleck of DE NR along with Mr. Rodney Tohnson of Albemarle RC&D oz+d myself met on site in Winfell to specifically discus's current and propo 6d water quality concema. Upon our phyaioal in;pection of the site and review of ** prox iously submitted applicatiou, Mc. Sawyer and Mr. Fleck approved the proposed depth and width f nproveintn s to dire canal and basin. Weed, it is apparaew these ehangrs will improve "flushing," and overall water quality in the canal. However, M& sawyer and Mir. Fleck sugpoed that the proposed Harris canal should be shortened and the adjeo t boat basin moved closer to 1118 Wibfall4brris property line. Tire owner bras rduetandy 17 aWoved of this chance. The result of this meethis is t1w attached revised plats which shows s Madder or "bulb type' basin, (please see attaabr aw). On JLmmy 22, 1998 dais tevised plan was submitted via f x to Mi. Sawyer and Mr. ?Wk and is apparently still pending agency approval. I have not reoefved cormsponmace m this &A%%. To my lmowledge, this is the only holdup on our project-WI other agencies seetm to bane appmed. Theretbre and until we have flutter mpow, I tequen your office place this project on bold until we receive wdttw/&A approval 9vm DEEM. Water Quality. Og=wise, a ptrojeot deniat would, ern to burden the ov+mu4 with reapplication. Please telephone me if thane are any questions.. Apin, thank you for your assistluam and attention, Best regards. Wetlands Tracking ?¦r ?r Facility Name John W. Harris I County' Perquimans _j Project Number 98 0004 County2 0Inactive J Region Washington T) Project Type purpose of constructing a boat basin I DCM Office Elizabeth City Location off NC 37 I COE Office Washington Last Total Total Total Total Mit 401S Recvd Sent to Recvd Action 401 401 Mit Recvd From Date Region Region Date Last Action Acres Feet Acres Feet s? . DCM Inspections/ Violations Inspection Date Inspector ?,: ?z« 1 Total for Project: Compliant Letter Type Date Sent q0 To: John Dorney j MAR 2 Planning Branch WETU,NTI: DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA/COE PERMIT APPLICATION REVIEW WaRO PROJECT # WQ SUPERVISOR: THO E REVIEWER: SAWYER DATE: 2-7 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 91 PERMIT NO.: COUNTY: QtvC PROJECT NAME : PROJECT TYPE: PERMIT TYPE: L CAMAf,COE COE #: DOT #: ?--/ RCD FROM CDA: DCM DATE FROM CDA: g? REG OFFICE: WaRO RIVER ACID SUB WIN #: S ?- STREAM OR ADJACENT WATER BODY: 1 1 CLASS : S Chi STREAM INDEX #: -3,> OPEN OR CLOSEp: WL IMPACT : X/ WL TYPE : WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: RATING SHEET ATTACHED? RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD STORMWATER PLAN REQ'D• IF YES, DATE APP D: PROJECT DESCRIPTION: WATER QUALITY CERT. (401) CERT. REQ'D: IF YES PE: SEWAGE DISPOSI(L TYPE '&F DISPOSAL PROPOSED: (EXISTING, PROP SED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, UNTY) IF BY DEM, IS SITE ILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF F WATER: WETLAND: IS FILL LIMINATING A SIGNIFICANT USE? DREDGING AREA TO B REDGED: IS DREDGING A IVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWAG ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DOM Field Offices; COE Washington Office RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS : ?A' 0 -D F®-26-1998 15:22 FROM OF COASTAL MANAGEMENT TO 1 700 975 3716 P.01i13 DIVISION OF MARINE FISHERIES TO- 0e bG,,ef4 4 ?S,g wVc?e FROM: GJN/.y S DATE: RE: ?-/fN )=#4-c_ L FAX #. 919-264-3723 PAGES INCLUDING COVER SHEET DIVISION DEPART W W ENVi MMM HEALTH, AND NATURAL RMS7URM F®-26-1998 15:28 FROM State of North Carolina Department of Environrnent, Health, and Natural Resources Division of Coastal Management . . James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director TO: Deborah Sawyer FROM: Frank A_ Jennings SUMECT: Application for CAMA Major Permit DATE: December 22, 1997 TO 1 700 975 3716 P.13i13 74VA Attached is an application by John W. Harris, which was received by me on December 10, 1997. 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 Us, 17 south, Elisabeth My, Nash Carolina 27908 TefepW* 919-2843901 FAX 919.2643723 An Equal Oppodundy Aflimiattve Actlon Employer 50% "W/ 10% "-consumer paper TOTAL P.13 F®-26-1995 1527 FROM TO 1 700 975 3716 P.12/13 DIVISION OF COASTAL MANAGEMMNT kIED I'ESTIGATION REPORT 1. APPLICANT'S NAME: John W. Harris 2. LOCATION OF PROJECT SITE: End of Major Street, off NC 37, Winfall Town Limits, Perquimans County, Perquimans River Photo Index - 1995: 160-1650 (r-3, U-2,3) 1989: 118-1 (J-2d) 1984: 116-806 (B,C-4) 1979: 128-1610 (Q,R-13) State Plane Coordinates - X: 2747300 Y: 904430 3. INVESTIGATION TYPE: CAMA/D&F 4. 114VESTIGATIVE PROCEDURE: Dates of Site Visit - November 12, 1997 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - December 10, 1997 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation; Developed (B) AEC(s) Involved: PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Canal and basin Planned - Enlarge canal and basin (G) Estimated Annual Rate of Erosion; N/A Source - N/A 7. HABITAT DESCRIPTION: [AR]EA] 7 %10 VMM 2%=r% r±rr T T7r% ?.rnn+.ti (A) Vegetated Wetlands Fringe 800 . ft. Non-Vegetated Wetlands PT 14 700 .ft, Other L(C) U land 62,5m . A 173,250 . ft. (D) Total Area Disturbed: 265,950 sq.ft. (6.11 ac.) Total Land Disturbed 236,550 sq.R. (5.43 ac.) (E) Primary Nursery Area: No () Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicant proposes to expand an existing canal and basin in Public Trust Waters. The basin will be enlarged from an existing size of 65' x 80' to a size of 200' x 250' and the canal will be enlarged/widened from an existing size of 25' to a size of 70'. F®-26-1998 15 : 22 FROI I rohn W. Harris Biv Report Page Two TO 1 700 975 3716 P.02i13 The applicant owns a 16.03 acre tract located at the end of Major Sheet of NC 37, within the Winfall Town limits, Perquimans County. A, man-made canal leads from the Pergnimans River, through an adjacent tract owned by the Town of W1n£all and into the applicant's property. The western boundary of the property is the Norfolk and Southern Railway Company, Inc. causeway to the train bridge across the Perquimans River_ The tract originally contained 19.4 acres. In 1996 the Town of Winfall was conveyed 3.367 acres for a waterfront park resulting in the current tract size (16.03 acres). The property has an elevation of approximately 6 ft. above NWL (normal water level) and is mostly flat and open with indigenous grasses and loblolly pine (Pinus uwda) being the primary vegetation on site. The site is periodically mowed and/or disked. The property served as the location for the Major Loomis Lumber bill that existed until the 1940's. Currently, a portion of the property is the site of a concrete nixing business. Other man-made features on the property include the canal and a basin. The canal is located on the western side of the property and runs parallel to the Norfolk and Southern Causeway. The canal is a continuation of the canal described in a recently submitted CAMA field report for a Major Permit application for the Town of Winfall. The applicant owns both canal banks and the canal was probably dug to provide fill for the railroad causeway. The canal is approximately 400 ft, long, 20-25 ft. wide, and has a water depth of 4.5 ft. Located at the northern end of the carnal is a 65' x 85' basin that has a maximum water depth of 5 ft. Plana life existing along the NWL include arrow arrum (Pelrandra virginica), common reed (Phragmfres communis), small sweetgum (Ltquidambar myracow) and small, loblolly pine. The anal shoreline is considered a wetland fringe that averages 2 ft. in width. A white water lilly (Nymphaea odorata) bed is established in a corner of the basin and floating filamentous algae covered nearly half of the surface waters of the basin at the time of the site visit. The canal waters appeared free of algae rafts. An agricultural drainage ditch is connected to the basin and drains approximately 40 acres of adjacent farmland. The Division of Environmental Management classifies the waters of the Perquimans River in this area as SC. T'he applicant proposes to widen and deepen the existing canal and to expand the existing boat basin. The bank adjacent to the train causeway will not be disturbed. The applicant proposes to match the canal width of the Winfall Major Permit proposal (45') at the shared property line at the applicant's southern boundary. From the property line, the canal will be widened to a uniform width of 70 ft. The proposed water depth at the property line is 51i ft. and the proposed water depth for the canal end and the connecting boat basin expansion is 5 ft. The applicant proposes to expand the existing 65' x 80' basin to a 200' x 250' basin. The F®-26-1998 15:23 FPCH Jobn W. Farris Bio Report Page Three TO 1 700 975 3716 P.03i13 proposal calls for the basin expansion to occur to the north and east of the existing basin. All spoil will be handled on site in a designated 3210' x 8,25' area. The wet spoil will be surroundod by silt fencing to prevent sediment sloughing. Dry spoil will be spread and leveled over the disposal area. The dredging of the existing canal and basin will diM* approximately 14,700 sq.ft. of existing Public Trust Area. The enlargement of the existing canal and basin will disturb 600 sq.ft_ of uplands, destroy 800 sq.ft. of wetland fringe and create 63,304 sq.ft. of additional Public Trust Area. It is estimated that 18,756 cubic yards of material will be excavated to enlarge the canal and basin as proposed. This represents a 6,623 cubic yard increase from the amount indicated by the applicant. The designated spoil handling site will occupy 173,250 sq. ft. of uplands. It is anticipated that two additional acres will be needed to accommodate all spoil material. Additional area is available at the site. Water circulation and exchange within the existing canal appears to be low. The configuration of the prepared basin will not enhance water circulation and exchange. The development proposal involves the Public Trust Waters Area of Environmental Concern. The proposed project is not located within an area having historical/archeological significance. The development site is not geologically unique. No submerged aquatic vegetation was found at the development area. .A, Perquimans Count Land Use Plan consistency review will be submitted at a later date. Submitted by: Frank A. Jennings, III Date: December 17, 1997 F®-26-1998 15:23 FROM Form DCM-M -1 TO 1 700 975 3716 P.04i13 RECE??,z;, APPLICATION OCT 3 0 1997 (re be completed by all applicants) b. City, town, community Or landmark Town of Winfal , NC 1. APPLICANT c. Strwst address or secondary mad auwber a. Landowner: Major St. @ NC Route 37 Name John W. Harzi.s d. Is proposed work within city limits or planning jurisdiction? X Yes No Address 6210-k Vir a.nia Beach Blvd. City Norfolk State VA. Zip 23502 Day phone (757) 455-5151 fax (757) 455-5232 b. Authorized Agent: Name Robert C. Baker, Jr. Address P 0 Bozo 10 City Hertford State NC Zip 27944 Day Phone (919) 426-2027 Fax (919) 426-4034 C. Project name (if any) Winfall Landing NOTE. Pemat will be rs M d in mum of 4W"M ner(a). Mwoe pmiea MM, 2. LOCATION OF PROPOSED PROJECT a. County Ferquirmans County e. Name of body of water nearest project (e.g. river, creek, sound, bay) Perquimans River 3. DESCRIPTION AND PLACED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation avid/or filling activities. -Existing 400' long canal to be widened b 50'. Existing boat basin to be lenggthened by 170' and widened Ty-77. -1515 p7oject correspon s - wILL 'Town of Winfall application. b. Is the proposed ac%Mty maimenance of an exlsdag project, new work, or both? Both c. Will the project be for public, private or commercial use? _public /private d. Give a brief description of puWe, use, methods of construction and daily operations of proposed project. if more space is needed, please attach additional pages, in conjunction with the Town of Winfall_ - Winfall Landing Pro'gct. This base will provide for small boat access to future residential housing. The projec will ena5le visitors an rest ence o Win a a-n Perguimans County to visit by boat. 1tt+issd WM F®-26-1990 15:24 FROM Form DCM-MP-I, TO 1 700 975 3716 P.05i13 r •. 0GT 0F' 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treamtent facilities. None currently on site. Townwi.de waste water system tamer eve vpment. a. Size of entire tract 16.03 ,Acres b. Size of individual lot(s) NIA c. Approximate elevation of ve MW or NWL Six (6) feet WI, d. Soil type(s) and texture(s) of tract Augusta Fine Sandy Loam e. Vegetation on tract Pines, Hardwood, Grass f. Man-made features now on tract Canals, Boat basin, Road and Utl.lities g. What is the CAMA Land Use Plan land ciassification of the site? (Comak d,- fodw zmd um pimi.) Conservation X Transitional X Developed Com:aunity Rural Other h. How is the tract zoned by local governments Highway - Commercial sH-C) L Is the! proposed project consistent with the applicable zoning? X Yes No AWch Loki cemp!lm m nr6fi=m, if eppUe6k) j. Has a professional archaeological assessment been done for the tract? Yts X No If yes, by whom? lc. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? - Yes X No 1. Am there wetlands on the site? X Yes _ No Coastal (marsh) _ Other_ If yes, has a delineation been conducted? yeS Omeh doa?wnftlm+, Tom ) 2' waterline wetlands per Frank Jennings, CAMA. a. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down' and residential dtscharges.) Surface run-off. o. Uescn'be oxisting drin3cing water supply source. County-wide water system line on Maior Street. 5. ADDY'],'IONAL W FORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the offeetad properties. If the applicant is not claiming to be the owner of said property, them fbrwerd 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, dated work plat (including plan view and cross-sectional drawings) drawn to scale In black ink on an 8 1/2' by l t' white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be acugxod. Blue-line prints or other larger plats am acceptable only if an adequate numbw of quality copies are provided by applicaat_ (Contact the U.S. Amy 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 Rerised 03196 FEB-26-1998 15:24 FROH Farm DCM-W-I TO 1 700 975 3716 P.06i13 Rr??t?irn 0 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater CeHfication, if one is necessary b. CERTMCATION AND PERMISSION TO ENTER ON LAND • A list of the names and cmnplete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further terrifies that such notice has been provided. Name Town of Winfall, NC Address P 0 Box 275, Winfall NC 27985 Phone 426-5015 Name Chesapeake & Albemarle RR, Co. Address West Church St, Elizabeth City NC Phone (91.9) 338-3777 27909 Name Address Phone • A list or previous state or federal permits issued fbr work on the project tract. Include permit numbers, permittee, and issuing datn5. None • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N.C. Environmental Folicy Act (N.C.G.S. 1I3A? - i to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/A I understand that any permit issued in response to this application wUI allow oWy the development described in the application. 'he project will be subject to eondhioas 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 approved Coastal Management Fmgram and will be conducted in a manner consistent with such program. I certify that I axn authorized to grant, and do in fact, great permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided In this application is truthful to the best of my knowledge. This is the / day of"-, 199-?-. Print Name ?//? r' ?4^Pe.-3 Signature or Aw%apire Agra Please indicate atrachmeats pertaining to your proposed project. X DCM MT-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-d Structures Information X _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign 4nd date eacit anal m itt to the space provided at the Woom of each form. Revised 03195 F®-26-1998 15:25 FFOH Form DCM-MP-2 EXCAVATION AND SILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete.all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Fioal E*I* Project Access channel (ML'W) or (NWL) Canal Boat basi.u Boat ramp Rock groin Rock breakwater Other (Excluding shorei;ee Anbiliration) Length Width Depth Depth N/A t' 400' 2f) , 4' 70.' 5, 5" 65'. ' 250' 200' 5' N/A N/A N/A. N/A TO 1 700 975 3716 P.07i13 a?T s ? 'cc:T 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 7)583 cu yds b. TLype o?P material to be excavated Fine Sandy gam c. Does the area to be excavated include coastal wetlands (marsh), submergd aquatic vegetation (SAVs) or other wetlands? Yes No (2' mterlty wetlands <81.00sq. ft. t?0 cu ds d. Higbground excavation in cubic yards Y 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area On si to b. Dimensions of dispposal area 825 X 210 X 2' (4 acres c. Do y'u claim title to disposal area? { Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where? 7 site Revised 03195 FEB-26-1998 15:26 FROM Form DGM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or outer wetlands? Yes No f. Does the disposal include any area in the water? Yes Y No 3. SHORELINE STABILIZATION NSA a. Type of shoreline stabilization Bulkhead Riprdp b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (source of w f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material a. OTHER FLLL ACTIVITIES (Excluding Shoreline Stabilization) N/A a. Will fill material be brought to site? Yes No TO 1 700 975 3716 P.08i13 R??cly? If yes, OCT 3 0 M7 (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. will fill material be placed in coastal wedands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing for dewatering and run-off of spoil. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Dragline, backhoe, bulldozer: c. Will wetlands be cr; ssed in transporting equipment to project site? Yes % No If yes, explain steps that will be taken to lessen environmental impacts. Winfall Landing Applfaiat or jeGt Name G? Date Rtvised 095 FEB-26-1998 1526 FR0I.l TO Q e ti x. { SS3 ' 1 700 975 3716 P.09i13 70 Foy* I FROM a c? a 199.) ROT Data ; ?o/7?rT F®-26-1998 15:27 FROM TO 1 700 975 3716 P.10i13 M J ? a s ??Qr y r.I u `. O O t? -?J v "a 4 CT V x LQ S ,J 4 } 1 1 V RECEIVED o0T ? 0 1997 F®-26-1998 15:27 FROH TO 1 700 975 3716 r,1 ?4 P. 11/13 RFC???'Fn OCR 3 0 5997 Usting Wift 30' Final Width 45' Existing Depth 4.0' lino) Depth 6.0' Scaly f ,? ! f ? a RWJ- D, { ; ?o171sr q ? t ?aq a N ? (] 44 c J? 1 r" o ? rC? c F ?. ! 1=? v ?m S 0 \ A 2 w? 6Agi 615 ? 8r y46119r 5. of182190 I10.91 V. 0' 4 m m , m gu s F i I i ot a 4 ?O Z9 615 lerJr' 5 9,bp919 n? p v m O A 1 V y ? I i a ti m ?n , - - ----------- I 14 I u y? I? l A / ? r wH i T L a ? a ? I qw . yy. d y l? Om i 1„ \ 0 N