19961111 Ver 1_Complete File_19961231

State of North Carolina
Department of Environment,
Health and Natural Resource's
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
N.C. Wildlife Resources Commission
512 N. Salisbury Street
Raleigh, NC 27604-1188
Dear Sirs:
A "W
T4 0
I D EHNf=1
December 31, 1996
Pamlico County
WQC 401 Project #961111
You have our approval to place fill material in 400 square feet of waters for the purpose of renovating
a public boat ramp at the end of Midyette Street in the Town of Oriental, as you described in your
application dated 12 December 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 211.0506 (h) (6) and (7). 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. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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. 276 1 1-7447. 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 Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
W. John Dorney
Central Files
John Parker; DCM
PonHow . P.E.
961111.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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DIVISION OF COASTAL MANAGEMENT RECEIVED
FIELD INVESTIGATION REPORT
DEC C .4 1996
°S
1. APPLICANT'S NAME: North Carolina Wildlife Resources Commission :.
ENVIRONMENTAL
2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, end of Midyette St., adjacent
Smith Creek
Photo Index - 1995: 78-852 (indexed by U,V-9) 1989: 2 119 14 (indexed by K,L-19)
State Plane Coordinates - X: 2,688,450 Y: 468,300
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Oct. 22, 1996
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - October 10, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County 1992 Land Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Public boat launching facility
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - Boat ramp and dock
Planned - Boat ramp and dock
(G) Estimated Annual Rate of Erosion: None
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands PT shading of
Estuarine waters 400 ft2 additional 728 ft2
(C) Other
High ground shoreline 330 ft2
(D) Total Area Disturbed: 1,458 ft2
," (E) Primary Nursery Area: No, but a Secondary Nursery Area
(F) Water Classification: SC NSW Open: no
8. PROJECT SUMMARY: The applicant proposes to renovate the public boat launching facility by
removing and replacing the two deteriorating concrete ramps and removing and expanding the three
wooden courtesy docks.
FIELD INVESTIGATION REPORT:
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The project site is a 0.9-acre parcel being used as a public boat launching facility at the
end of Midyette St. adjacent Smith Creek, in Oriental, Pamlico County. The facility
includes two 12' X 42' boat ramps, three small courtesy docks (the two outer docks measure
3' X 32' while the center dock measures 4' X 32') and a gravel parking area. A buffered
grassy area borders the parking area while coastal wetlands vegetated with black needlerush
Juncus roemerianus) and giant cord grass S artina cynosuroides) can be found adjacent the
creek especially along the perimeter of the property at the point. Water depths at the end of
the existing pier- are approximately -4' below NWL. Smith Creek is a Secondary Nursery
Area, an SA NSW water and closed to shellfishing. There appear to be no SAVs in the
vicinity of the project. Both adjacent riparian property owners have signed statements of no
objection for the project.
Project Description
The applicant proposes to renovate a free public boat launching facility by removing
and replacing 2 deteriorating concrete ramps and removing, replacing and subsequently
extending three wooden courtesy docks. The applicant would remove the old docks and
concrete ramps then prep an area measuring 40.5' X 14' for each ramp by excavating,
adding No. 5 washed stone, forming and pouring the 6" concrete ramps on high ground and
sliding each into position once they have cured. The courtesy ramps would be 5.5' in width
X 75' in length and extend some 60' from the MHW. Both outer dock would "L" off in a
direction away form the ramps for approximately 22' and also be 5.5' in width.
Anticipated Impacts
The excavation within Estuarine waters would result in the removal of an additional
400 ft2 of shallow water habitat loss as a result of expanding the two boat ramps to 14' X 40'
below MHW. Approximately 27.5 yds3 of concrete and stone fill would be placed in the
area excavated. An additional 330 ft2 of high ground marled parking lot would now be
concreted as a result of the boat ramp apron being extended landward another 20'. Public
Trust coverage as result of the extention of the courtesy docks would now be 1,144 ft2 or an
increase of 728 ft2. No wetlands would be impacted by construction of the project. And
since the ramp would be formed and poured on high ground, the only additional impacts
would be temporary construction related impacts during preparation of the site. Minimal
increases in turbidity would be expected during piling installation. Since this is a boating
facility and given the minor extension of the courtesy docks, no additional impact to boaters
is anticipated.
M. Ted Tyndall - Morehead City Office - November 22, 1996
Form DCM-MP-1
APPLICATIO P-1
?
(To be completed by all applicants) SEP 3 0 1996
www?wwww• w 000"0000000 W
b. City, town, community, or landmark
1. APPLICANT Existing Boating Access Area in the Town of Oriental
a. Landowner:
Name North Carolina Wildlife Resources Commission
Address 512 N. Salisbury St.
City Raleigh State N.C.
Zip 27604-1188 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name
Address
City
Zip
Fax
Day Phone
State
C. Project name (if any) Oriental Boating Access Area
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Pamlico
C. Street address or secondary road number
Midyette St
d. Is the proposed work within the city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Smith's 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.
Renovation of a free public boat launching facility, which
includes: removal and replacement of 2 deteriorated concrete
launch ramps, removal and replacement & expansion of 3
fixed pier wooden courtesy docks.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
C. Will the project be public, private or commercial
use? Free public use
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.
This facility will provide improved public boating access to
Smith Creek and adjacent waters. The facility will be renovated
using the following equipment: bulldozer, backhoe, dragline, and
motorgiader.
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.9 acres
b. Size of individual lot(s) N/A
C. Approximate elevation of tract above MHW or NWL
+/- 2.5 feet relative to MHW
d. Soil type(s) and texture(s) on tract
fill; sand
e. Vegetation on tract grass around the perimeter of the tract,
gravel parking lot interior
f Man-made features now on tract 2 concrete boat launch
ramps, 3 fixed pier wooden docks, a gravel parking area, and
overhead lighting
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local use plan)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
No Zoning - Gross Management Ordinance
Is the proposed project consistent with 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 site? X Yes No
Coastal (marsh) X Yes No
if yes, has a delineation been conducted? No
(attach documentation, if available)
i
SEP30
in. Describe exis eati?leri ies.
N/A
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 runoff
o. Describe existing drinking water supply source.
N/A
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 710203 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 part of plat requirements and it
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include highway
or secondary road (SR) numbers, landmarks, and the
like.

Form DCM-MP-1
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 Grace Evans
Address Box 355 Oriental, NC 28571
Phone [phone]
Name Ken Midyette
Address 206 Mildred St Oriental, NC 28571-9210
Phone [phone]
Name
Address
Phone
A list of previous state or federal permits issued for
work on this project tract. Include permit numbers,
permittee, and issuing dates.
Permit No. 2-75 Pern itte: NCWRC Issue date: 10116/74 &
Permit No. SAWKS74-69-25-362 Permitte: NCWRC
rcc„P.intP- W1 nr15
• A check for $250.00 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 Environment
Policy Act.
i
6. CERTIFICA 1 ION A1D ~'M"
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 !A day of ?T , 19 47L
Print Name Gordon S. Myers
Signature .r. 'L
Landowner or Authorized Age
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
X DCM MP-4 Structures
_ 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.
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
Existing Project
Access channel
(MHW) or (NWL)
Canal
Boat basin
Boat ramp
Rock groin
WHIM
2@52.4 2@14 +/-6.1 same
end of
ramp*
elev-6.1tt
Rock breakwater
Other Above Below
(excluding shoreline MHW MHW
stabilization) 15 cm yd. 30 cn.yd.

1. EXCAVATION
a. Amount of material to be excavated from below MHW
or NWL in cubic yards 46 cu. yd
b. Type of material to be excavated silt/sand mix
c. Does the area to be excavated include coastal wetlands
(marsh), submerged aquatic vegetation (SAV's) or
other wetlands. Yes X No
d. Mghground excavation in cubic yards 11 cu. yd
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Material will be graded into
the site. Broken concrete will be brought to the nearst landfill fpr
disposal.
b. Dimensions of disposal area N/A
C. Do you claim title to the 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? N/A Yes No
If yes, where?
Form DCM-MP-2
C. Does the disposal area include any coastal wetlands
(marsh), SAV's, or other wetlands?
Yes X No
f Does the disposal area include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization N/A
Bulkhead Riprap
b. Length
N/A
C. Average distance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
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 N/A
(2) Bulkhead backfill N/A
h. Type of fill material N/A
i. Source of fill material N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
If yes,
(1) Amount of fill to be placed in the water
27.5 cu. yd. (inc. concrete ramps and stone fill)
(2) Dimensions of fill area 2@approx.
40.5' x 14'(rel. to MHW)
(3) Purpose of fill subgrade preparation and
launch ramps
b. Will the fill material be placed in coastal wetlands
(marsh), SAV's, or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area N/A
(2) Purpose of fill N/A
5. GENERAL
a. How will excavated or fill material be kept on site and
erosion controlled Ramp fill material consists of
stone gradations not requiring containment. Crushed
stone for parking lot will be graded into the site upon
need.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic dredge)?
The facility will be renovated using the following
equipment: bulldozer, backhoe, dragline & motorgrader.
C. Will wetlands be crossed in transporting equipment to
project site? Yes X No
if yes, explain steps that will be taken to lessen
environmental impacts.
North Carolina Wildlife Resources Commission
Applicant or Project Name
a. Will fill material be brought to site?'
..-? U
X Yes No Signa&rV
Date
i+as?•w++aarrtrw ra•.rw11q/?AN??
Form DCM-MP-4
STRUCTURES
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major e.
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this proposed
project.
a. Dock(s) and/pier(s)

Mooring Buoys N/A
(1) _Commercial Community
(2) Number
(3) Description of Buoy
(Color, inscription, size, anchor, etc.)
(1) _ Commercial X Community _ Private
(2) Number 3
(3) Length 1 @ 75', 2 @ 97.5' (4) Wirth of water body
(4) Width 5.5' (5) Distance buoy(s) to be placed beyond shoreline
(5) Finger Piers Yes No
(i) Number
(ii) Length f Mooring structure (boatlift, mooring pilings, etc.) N/A
iii Width (1) Commercial Community Private
(6) Platform(s) Yes No (2) Number
(i) Number (3) Length
(ii) Length (4) Width
(iii) Width
g• Other (Give complete Description)
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian property
lines +/-1101
(9) Width of water body +/- 25001
(10)Water depth at waterward end of pier at MHW or
NWL 4'
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
North Carolina Wildlife Resources Commission
(2) Length Applicant or Project Name
(3) Width
c
Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL, or wetlands
(3) Maximum distance beyond MHW, NWL, or
wetlands
Signature
Date
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS FG'
P.O. BOX 1890 F?LjR V
WILMINGTON, NORTH CAROLINA 28402-1890 OA*Nl 6
IN REPLY REFER TO December 12, 1996 Ves
Regulatory Branch
Action ID No. 199703557
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:
Please reference the application of the NC Wildlife Resources
Commission for Department of the Army (DA) authorization and a State Water
Quality Certification to renovate an existing public boat launching facility,
on property located at the terminus of Midyette Street, adjacent to Smith
Creek, 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 February 10, 1997, 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,
4-U64
Raleigh Bland, P.W.S.
Regulatory 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