19960801 Ver 1_Complete File_19961028

State of North Carolina IT I
Department of Environment,
Health and Natural Resources LT.RMA •
Division of Water Quality A&4
JamesB. Hunt, Jr., Governor - ± 195?IL ???
Jonathan B. Howes, Secretary p E H N
A. Presto n Howard, Jr., P.E., Directo r
October 28, 1996
Pamlico County
DWQ Project # 960801
APPROVAL of 401 Water Quality Certification
Mr. Dan Forman
Coutny of Pamlico
P.O. Box 357
Oriental, NC 28571
Dear Mr. Dorman:
You have our approval to dredge 291,200 square feet of waters for the purpose of conducting
maintenance excavation within the entrance channel to Whittaker Creek, as you described in your
application dated 30 August 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
960801.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper

DIVISION OF COASTAL MANAGEMENT
(? 6 0 O 1 FIELD INVESTIGATION REPORT
1.
APPLICANT'S NAME: County of Pamlico
2.
LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, adja?
Road on Whittaker Creek and the Neuse River
Photo Index - 1995: #78-854; indexed by F-15; E-15,16; D-17; C-16,17; B-
1984: 2 119 12; indexed by I-8,9; J-9,10,11; K-11,12
State Plane Coordinates - X: 2,693,700 Y: 473,600
3
INVESTIGATION TYPE: CAMA/D&F
4.
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/25/95 and 8/9/96
Was Applicant Present - Yes on 10/25/95
5
PROCESSING PROCEDURE: Application Received Complete - August 2, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - 1994 Town of Oriental Land Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:

[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands - Estuarine
Waters and Public Trust Areas 291,200 ft2
(C) Other
High Ground 238,496 ft2
(D) Total Area Disturbed: 529,696 ft2
(E) Primary Nursery Area: Yes
(F) Water Classification: Both Whittaker Creek and the Neuse River are SA NSW
Open: Whittaker Creek is closed while this section of the Neuse is open
8.
PROJECT SUMMARY: Pamlico County is proposing to conduct maintenance excavation within the
entrance channel into Whittaker Creek.

FIELD INVESTIGATION REPORT:
PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project
AGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The project is located in Pamlico County on the northeast side of the Town of Oriental
adjacent the Neuse River and Whittaker Creek. The project site essentially consists of an
existing 3200' long by 104' wide channel leading from the Neuse River into Whittaker
Creek. The original channel was permitted to -10' below NWL but has since shoaled in to
an average existing depth of -6' NWL. According to the applicant, during periods of
extended westerly winds, the water depths drop an additional -1' to -2' below NWL, creating
problems for boaters. The entrance channel is essentially straight with the southern end
being marked by red channel marker #2 and green channel marker #3 out in the Neuse
River. The northern end is marked by green channel marker #5 in Whittaker Creek where
the channel makes a turn towards the Western Branch. The channel continues for another
400' to green channel marker V. Whittaker Creek forks and forms both an East and West
Branch. Another tributary, Tarpon Channel/Canal, flows into the West Branch. The
Whittaker Creek entrance channel provides boating access from Whittaker Creek to the
Neuse River for three marinas, several marine related businesses, and many residences with
private docks that all use the channel. According to the applicant, there are approximately
293 slips within Whittaker Creek. The original channel was dredged around 1970 and was
deepened and maintained in 1976 under Dredge and Fill Permit #39-76 and U.S. Army
Corps of Engineers Permit #76-69-03-010.
The high ground project site (location of the spoil disposal site) is located some 4,000'
to 5,000' from the entrance channel. This six-acre site is located on Windward Drive in the
Town of Oriental. Whittaker Creek including both the West and East Branches as well as
Tarpon Canal are Primary Nursery Areas. Whittaker Creek is closed to shellfishing while
this section of the Neuse River is open. Both Whittaker Creek and the Neuse River are SA
NSW waters. There were no SAVs noted in the area to be excavated.
Project Description
Pamlico County is proposing to conduct maintenance excavation with a hydraulic
dredge in the entrance channel from the Neuse River into Whittaker Creek. Approximately
2800 linear feet of the channel would be maintained. The top cut would be 100' wide while
the bottom cut would be 80' wide. The applicant proposes to excavate the channel to -8'
below NWL. The excavated sand material would be pumped to a six-acre high ground
disposal site located on Windward Drive some 4,000' from the dredge site. The spoil area
would measure approximately 514' X 464' in size. An agreement with the Dolphin
Company, the disposal site landowner owner, is enclosed. Effluent water from the diked
disposal site is proposed to be discharged into a manmade canal which runs into the
headwaters of the Western Branch of Whittaker Creek.

FIELD INVESTIGATION REPORT:
PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project
PAGE #3
Anticipated Impacts
The project as proposed will result in approximately 291,200 fe of channel bottom of
Whittaker Creek and the Neuse River being excavated to a depth of -8' below NWL.
Approximately 1000' of dredging would occur within the Primary Nursery Area of Whittaker
Creek. Overall, approximately 21,750 yds3 of sandy material would be excavated by
hydraulic dredge and pumped to a diked disposal area located some 4,000' to 5,000' away.
Increased levels of turbidity would be expected during dredging operation but should be
short-term in duration. Approximately 238,496 fe of high ground would be disturbed as a
result of the construction of the spoil disposal area. The discharge of the effluent back into
the headwaters of the Western Branch could affect the bottom substrate in this area of the
Primary Nursery Area.
M. Ted Tyndall - Morehead City Office - 13 August 1996
BY LEI,
i?
JUL 2 5 199
ti uuT1-
iMGiiiiF?Yiiwiwwi
Whitaker Creek Entrance Channel
Maintenance Dredging Project
The proposed project is the maintenance dredging of the Whitaker Creek entrance channel from
the Neuse River in Oriental, Pamlico County, North Carolina. The original channel was dredged
about 1970 and subsequently was maintained and deepened in 1976 under CAMA permit #39-76
( issued 3/10/76) and U. S. Army Corps of Engineers permit # 76-69-03-0 10( issued 4/1/76).
The channel dimensions under CAMA permit # 39-76 were 3200' long with a top width of 104',
bottom width of 80' and a final depth of 10'. Shoaling within the entrance channel has reduced
depths to 6.0'( normal water level ) within the channel. During periods of extended westerly
winds the water depth may drop an additional 1-2' below NWL thus creating problems for area
boaters.
The Whitaker Creek entrance channel provides boating access from Whitaker Creek to the
Neuse River. There are several marinas and marine related businesses as well as waterfront
residences which utilize the channel. Presently, there are approximately 293 slips within
Whitaker Creek.
The applicant , the County of Pamlico , under this current permit application proposes to
perform maintenance dredging of a 2800'x 104'x T area within the confines of the original
channel dimensions. A highground spoil disposal area located in the Town of Oriental off of
Whitaker Point Road is planned for the project. This same highground spoil disposal area was
recently used for another CAMA authorized dredging project. Approximately 20,000 cubic
yards will be removed from Whitaker Creek by hydraulic dredge and pumped to the 550'x 500'
highground spoil disposal site. The dredge spoil effluent pipe will discharge into the upper end
of a manmade canal which runs into the western branch of Whitaker Creek.
l ;re 1;1
t
Form DCM-MP-1
U
APPLICATION JUL 2 5 19%
(To be completed by all applicants)
MME~????• ? *sow 10
b. City, town, community or landmark
Oriental, North Carolina
1. APPLICANT
a•?tl(eY[1 Permit Coordinator
Name Dan Forman
Address P. 0, Box 357
City Oriental
State N. C.
Zip 28571 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name County of Pamlico
Address P. n Box776
City Bayboro State N. C.
Zip 28515 Day Phone [phone]
Fax
c. Project name (if any) Whittaker Creek
Dredging Project
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
c. Street address or secondary road number
Whittaker Point Road
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Neuse Riverfihittaker Creek
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.
Maintenance dredging of channel
2800' x ' x 1041 wide
b. Is the proposed activity maintenance of an existing
project, new work, or both? Exist ing/maintenance
c. Will the project be for public, private or commercial
use? Public
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.
Allow for boat access to marinas and
boat yards. Access to a "Harbor of
u uge .
2. LOCATION OF PROPOSED
PROJECT
a. County Pamlico
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 6 Acres
b. Size of individual lot(s) NSA
c. Approximate elevation of tract above MHW or
NWL 7.5'
d. Soil type(s) and texture(s) of tract
Youngs Alfa Vista
e. Vegetation on tract Coastal mix grass
f. Man-made features now on tract N/A
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed x Community
Rural Other
h. How is the tract zoned by local government?
Unrestricted
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach 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
1. Are there wetlands on the site? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? .
(Attach documentation, if available)
I hV'1
JUL 2 5 1996
m. Describe xisting wastewater treatment facilities.
N?A
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluept, "wash
down" and.residential discharges.) N A
o. Describe a isting drinking water supply source.
117A
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 71.0203 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
Revised 03/95
Form DCM-MF-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. 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
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Revised 03/95
2800' 104' 6' 8'
.::;
ay
EJL 2 5 1996
pNwr,?,„rw?ws ? w wwia?sAARi?
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards20,000 cy
b. Type of material to be excavated Sand
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes x No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Loc tion of disposal area Windward Drive
See attached Plat
b. Dimensions of disposal. area _
c. Do you claim title to disposal area?
Yes x No
If no, attach a letter granting permission from the
owner. Attached
d. Will a disposal area be available for future
maintenance? Yes x No
If yes, where?

Form DCM-MP-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 Y No
?V0?1 r rt
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U,
r;l JUL 2 5 1996
If yes, LjjmVu?L---A r
(1) Amount of-waterte- 0bt'T?2eRPWthe
water
(2) Dimensions of fill area
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length N/A
c. Average distance waterward of MHW or NWL
NSA
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
N/A
(Source of information)
f. Type of bulkhead or riprap material N/A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap None
(2) Bulkhead backfill None
h. Type of fill material _
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes x No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X 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?
k-X , e
v F !C9''?oe'< < 1cS
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Hydraulic dredge
c. Will wetlands be crassed in transporting equipment
to project site? Yes X No
If yes, explain steps that. will be taken to lessen
environmental impacts.
Whittaker Creek Dredging Project
Ap Project Name
Signature 7 `-
November 13, 1995
Date
Revised 03/95
Form DCM-MP-1
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.
Name Miles Shorey
Address P.0 Box 266 Oriental, N,C, 28571
Phone [phone]
Name Dr. Robert Hyde
Address P,8 Box 524 Oriental, N.C. 28571
Phone [phone]
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.
State permit #39-76 Issued 3/10/76
Federal permit #76-69-03-010 Issued 4/1/76
• 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 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.
Revised 03/95
%q- I
, JUL 2 g 199
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.
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 13 day of Nov. , 1991) .
Print Name Dan R. Forman
Signature ,1Z
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
August 23, 1996
Regulatory Branch
Action ID No. 199604948
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
50'
RECEI`
VED
M
E ub 261996
NV/RpN?Nrq? SCIENCIFS
Please reference the application of the County of Pamlico for Department
of the Army (DA) authorization and a State Water Quality Certification to
undertake maintenance excavation activities within an existing access channel
to Whittaker Creek, located off Whittaker Point Road, in the Town of Oriental,
Pamlico 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.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by October 21, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
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

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