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HomeMy WebLinkAbout19860144 Ver 1_COMPLETE FILE_19860101d ? i' ,,7y- I M o SahJI Ad r+b"'+a J i State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary January 23, 1986 Director Mr. James J. Holladay P.O. Box 78-C Lowland, NC 28552 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, 'Proposed Culvert Crossing of Canal Tributary to Payton Creek Pamlico County Dear Mr. Holladay: - Attached hereto are two (2) copies of Certification No. 1872 issued to Mr. James J. Holladay dated January 23, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, w: ied By Uennis K Ramsey For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Pamlico County NORTH CAROLINA CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Mr. James J. Holladay pursuant to an application filed on the 28th day of October, 1985 to construct a culvert crossing of a canal. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of and in the waters of a tributary to Payton Creek in conjunction with the proposed culvert crossing in Pamlico County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 23rd day of January, 1986. WQC# 1872 DIVISION OF ENVIRONMENTAL MANAGEMENT R. Paul Wilms, Director `? .w STATE ° auw State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary January 23, 1986 Director Mr. James J. Holladay P.O. Box 78-C Lowland, NC 28552 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Culvert Crossing of Canal Tributary to Payton Creek Pamlico County Dear Mr. Holladay: Attached hereto are two (2) copies of Certification No. 1872 issued to Mr. James J. Holladay dated January 23, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By Dennis R. Ramsey For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA Pamlico County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Mr. James J. Holladay pursuant to an application filed on the 28th day of October, 1985 to construct a culvert crossing of a canal. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of and in the waters of a tributary to Payton Creek in conjunction with the proposed culvert crossing in Pamlico County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 23rd day of January, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed By Dennis R. Ramsey For R. Paul Wilms, Director, WQC# 1872 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM TO: Bill Mills Permits and Engineering THROUGHi-Jim Mulligan, Regional Supervisor v? Washington Regional Office vv FROM: William J. Moore, Environmental Engineering Tech v' Water Quality Section Washington Regional Office SUBJECT: Regional Office Review and Recommendations RE 100 r- A preliminary review of the proposed project indicates that: A 401 Water Quality Certification Will-not be required. A-401 Water Quality Certification will be required, and will require public notice advertisement. A 401 Water Quality Certification will be required, but should meet the conditions of the General Certification for and therefore will not require public notice. Final review and recommendations A 401 Water Quality Certification will not be required, this office has no objections to the proposed project. Y-it is recommended that a 401 Wat Quality Certification be issued containing a turbidity limit o 25 . SO NTU. This office has no objections to the proposed project. The proposed project appears to meet the conditions of the General Certification for: This office has no objections to the proposed project. Additional Comments: / _ Anav?/ y? /G?-t?2- G YGrs Gtt-G 4-e4- 7j Y,,>, ? y n ?? ?'?C9 5 cc: OFFICE OF COASTAL MANAGEMENT Lat. 35 18 32 FIELD INVESTIGATION REPORT Long. 16 36 18 1. Applicant's name James J Holladay 2. Location of project site Lowland on Payton Crk, South side of SR 1232 Pamlico County. Photo ref: 65-1301-B-13 upper left corner 3. Investigation type: Dredge & Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 11 -1 9-85 (B) Was applicant present m p r . 5. Processing procedure: Application received 10-28-85 Office Morehead Cj±y 6. Site description: (A) Local Land Use Plan Pamlico ?. - - Land classification from LUP Rural /CQServation Development constraints identified in L none identified (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters X Estuarine waters X Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private Commercial X (E) Type of waste water treatment: Existing none Planned none (F) Type of. structures: Existing no n2 Planned parking area _ (G) Estimated annual rate of erosion N/A Source NIA 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other (B) Non-vegetated wetlands: Shallow subtidal 240 t rft_ man-made bottom (C) Other: highground grading 1350 sq.ft, (D) Total area disturbed: 1 r q n- c n "f t - 8. Project summary Applicant proposes to culvert a ditch located south of SR 1232 nPar Paytoll . 9: Narra*.ti've description The applicant's property is a 4.5 acre tract located in the community of Lowland on the north side of Payton Creek, south of SR 1232 in Pamlico County. The tract is composed of almost homogeneoud black needleru'sh marsh, and is bounded by a road-side ditch to the north and a mosquito control ditch to the west. Some spoil from these ditches was placed in the marsh of the tract prior to permit requirements. The spoil piles are vegetated by pines, myrtle and non-tidal -salt meadow grass. The applicant is proposing to construct a'culvert crossing from SR 1232-to the small highground areas of the tract. The purpose is to .provide parking for vehicles, handling of fishery products into the vehicles, and for storage of commercial fishing equipment. No build- ings are proposed for these areas. Anticipated. impacts Construction of the project as proposed will-involve the filling of approximately 240 sq.ft. of shallow subtidal man-made ditch bottom for the culverted crossway. About 44 cu.yds. of fill material will be placed into the ditch for the culverted crossway, and the high ground parking ares wi.ll disturb another 1350 sq.ft. adjacent to the road and. on the south side of the ditch. No marsh is to be filled and no other structures are proposed. Adjacent waters are classified as SA by the DEM and are open to shellfishing according to the Div. of Health Services. Payton Creek is a designated primary nursery area by the DMF. Submitted by ' . Nel son G.' Paul - Date ' Nov. 21, 1985 APPLICATION CT S 1985 FOR l WATER QUALITY CER7IF ICATi6t PERMIT 70 EXCAVATE AND/OR FILL EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT • Department of the Army state of-North Carolina Corps of EngincErs. wilmington District Department of Administration (33 CFR 209.3 0 - j- , (GS 146 12) Department of Natural Resources and Community Oevelopmen - -' ( (GS 113.229.14 3-215.3(a)(1), 143 215.3(c), 113A-112 lJ??ysy/??C ?o? lank. Please type or print and fill in all blanks. If information is not applicable, so indicate by?placic?NJ_`Y? -, i I. Applicant Information LL,'t P ! T F `/ Firsts Middle A. Name . B. Address Street, P. O. Box or Route r U? I- /1-L" City or Town State Zip Code Phone 11. Location of Proposed Project: A. County ;J F m 1 1 1) 1,,, 1- /TN2) 0. 1. City, town, community or landmark 2. Is proposed work within city limits? Yes -No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project l {F Ill. Description of Project 2. New work A. 1. Maintenance of existing project B. Purpose of excavation or fill J?/Ivngtl1 channel A width depth ?- h ccess 1. ?• ; % f, 2. Boat basin length .. width ___-- ,•, . c ' width- ---dept - , `•? depth 1 -- L. 0 C • V = F7 -T length 3. Fill arcs . width . , ._ -depth V length 4. Other th -- Average distance waterward of MHW (shoreline) d len h g ea C. 1. Bulk ad construction (material) ulkh e 2. Type of b D. Excavated material (total for project) ' /1 'h Type of material 1. Cubic yards Fill material to be placed below MHW (sec also VI. A) E -?- . G J -2. Type of material 1. Cubic yards IV. Land Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes - No B. Dues the disposal area include any marshland, swamps or other wetland? Yes -No ---?:-- C. Disposal Area ln 1, Location ? •1 2. Do you claim title to disposal area? t_ . D. Uill material source if till is to he trucked in E. How will excavated material be entrapped and erosion controlled? 1'. 1 ype ul equipment to tic used . ' G. Will marshland be ctossed in transporting equipment to project site? If yes, explain ,t Jntcnded Use of Project Area (Describe) ' A. 1. Private , ; , , J 7r :) 7- 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) ! 5" :? n ') ' i 2. Elevation of lot(s) above mean high water 3. Soil type and texture S 4 D y 4. Type of building facilities or structures rv'/./' Planned • S. Sewage disposal and/or waste water treatment A. Existing 8. Describe /A 6. 'land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY ,,RURAL, CONSERVATION OTHER - (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? YesNo B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No 2. Type of discharge A/ / 3. Location of discharge VI1. Present rate of shoreline erosion (if known): VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: M IX. Length of time required to complete project: ' X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 on his land. B. Attach an accurate work plat drawn to scale on 8%2 X 11" white paper (see instruction booklet for details). Note.: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent rip certified mail or by publication (G.S. 113-229 (d))Enter date served landowners by registered or D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. _ K c!' XI. Certification requirement: 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 XI1. Any permit issued pursuant to this application will allow only the development described in this appli- 'eation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. "r DATE AO ` - Applicant's Signature &F-82 CCr Drvrucr cinr env MAit imr- #A1cTDiirTwnAlc K,. 12 3y ?ipr --- ?1 g_77 ! SC°RC E. /" l M i CROSS S?eTio,J vf'?.N;r'y Map SC f?- L PRmCi o L° o u.Vr'1 -TRivF-w REA +.S \ \Y \ r 1 Ch-N 4L 3 o' -T? RED QR R k,` R ft _ .._ _ C ? f (JI ?Y PE ?'f t is N.e- . J I ?z Ey n k?I N p T-e Su c. K #6.4-b AIIA'-Pr-P A L J -o 'gE e f cv c Ti:- le;7-11 &-me-A1r ? 7' C-: -IC,'-A/67 ? u;-JI /l?WC-G -TiuE /? i ti By ?o:r. BY o7fl rAc 4; T. LowW,vi t' (-P• s SC- µl_E w?? y ,brt? DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION s concerning an application for State Federal CAMA Permit(s) from J; A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal, construction. areas. WATER QUALITY SECT DIVISI ON OF ENVIRONMENTAL MANAGEMENT DIVISION,OF ENVIRONMENTAL MANAGEMENT WATER 'QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from ?r 414 + t A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted.in such a manner as to preven.t,significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). resi?,evf tie?graosed aCivixy sfter a;reasonile oppo.kt?ny©; d tion, and' mixture-. _ ?. That,turbidity;.leve'ls in° shahl;`.no't be, ner d"sed', by more than 10 NTU`s as a result of the proposed activity after a reason- ab'le,.opportunity for dilution. and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. _ Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after °g 1 The proposed project is certified under General Certification' A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal,, construction. areas. WATER QUALITY 'SECT DIVISION OF ENVIRONMENTAL MANAGEMENT o e ti ?aq .. :: =d:, ,? .... ,?. '. ? . ..E _`..' ? ? .. .. '.--.. ?'' f .. NOTICE: OF FILING OF Arr[.1CATION 1'U!t CXIA ?1AJO1t:D'E ULO1':1L•NT • PERMIT AN;]) WATER QUALITY CERTIFICATIU11 Fursuant to NdCCS 113A-119(b) and 143-215 3(a)(1)(c), the UeparLmont of Natural Resources and Co,:rnunity Developm°.nt hereby gives Public Notice Chat James J. nolladay of Lowland. N. C, filed an appli- ?cation on October 28, 1985 - for a permit from the Division of"Coastal 11anager:•ent to develop in an Area of Environrental Concern and for Certification from the Division of. Environrental *Managemnt that a discharge of fill material ih project wetlands will not violate applicable eater Quality Standards. According to said application, _ Mr. Holladay oroposes o jly,prt a Itch located adjacent to Payton Creek, south side of? SR 1232_inI owland, Pamlico County. -- - A copy of the entire application and 'additional in__*"ormatIon may be exa:aircd (or copies furnished, upon payment of reproduction c6sts) during,normal business hours at the Division oiCoasCal 11anagcment, _ Mellon C. Pa P0 Pox.- 'Ohead City, NC and/or the Division of Environrx!n::al Management,, Bill Moore, 1!ashin9ton Fld.Ofc.,, OI ftQx_ 1507. IJashi.nQtnn, r`i[' The Division of Environmental 1.1anagerrent proposes to take final action on this Water. Quality Certification on or after January .3. 1()P,6 The issuance of the Ct%HA :Iajor Developrx!nt.Permit and the Section 401 Certification may•deviate from this projected date depending upon the nature of the con ents submitted and subsequent hearings that may result. All persons desiring to,make comments should do so in writing to Mr. Dave Owens, Director, Division of -Coastal Management, P. 0. Box 27697, Raleigh, N. C. 2761.1 prior to _ .laniiary ulARti for consideration under the CAMA Permit decision, and to Mr. Bill i`,ill's, with the Divi- sion of Environmental Management, PO Box 27687, Raleigh, N. C. 27611 prior to -Oanuar)r 3. 1986 for consideration under the Water Quality Certification decision: i Ii .y t f i s \. { SEATE State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Director R E / Field Services S e c t i o n PO Box 769 C' L Morehead City, NC 28557 919 726-7021 4? iln IT! IECTIO December 9, 1985 Pamlico County News Times PO-Box 370 .Oriental, N. C. 28561 Gentlemen: Please publish the attached Notice in your December 19, 1985, issue of the County News. Send us bll in duplicate and Affidavit of Publica- .tion as soon as possible. Cordially yours Nelson G. Paul NGP/rt Field Consultant encl. James J. Holladay P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer r , w r Pemut,pasa NPw'; De. r y STATE`OF NORTH CAROLINA artnint of Natural 0?Ps4,,Cormrnuni1 01 ExcavaPermit Number ® Mai 1 Con Development to NCGS 113-229 Issued to James J. Hol l aday. Box 78-C. Lowl and. NC 28552 authorizing development in Paml i co County at Payton Creek (Canal adjoining) south of SR 1232 near Lowland as requested in the permittee's application dated 10/9/85 including attached plat dated 10/24/85 This permit, issued on / , f( ` 9'6 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) No marsh grass-will be excavated and/or filled. (2) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the.fill area indicated on the pl at. (3) The disturbed are?s will be properly graded and provided a ground cover sufficient to restrain erosion within 30 days of project completion. NOTE:. A 24" minimum pipe size is recommended for the culvert. NOTE: The permittee must obtain approval for any work located within the right-of- way of SR 1232 through the local Department of Transportation maintenance office. NOTE: A Section 401 Water Quality Certification is required for this project from the Division of Environmental Management. Processing has been initiated and proposed Certification will be acted upon on or after January 13, 1986. _1. ,t., This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1989 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. r ? David W. , Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee APPLICATION OCT 9198 FOR 19 PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY C'FRTIFICAT'I9d•-•__?•••__ EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of the Army Department of Administration State of North Carolina Corps of Engin (GS 146-12) Wilmington District Department of Natural Resources 113A•llg Development (33 CFR 209.3. ' f-tu (GS 113.229, 143-215.3(a)(1), Please type or print and fill in all blanks. If information is not applicable, so indicate by placing NSA in blank. .7. ;Z 1. Applicant Information L iii -A !r? 1 rr, A. Name r ast First Middle ? B. Address Street, P. O. Box or Route 40 W f? IV -1) Zip Code Phone City or Town State 11. Location of Proposed Project: A. County 14, A, town, community or landmark l ?'?' H N B. 1. City, 2. Is proposed work within city limits? Yes-No C. Creek, river, sound or bay upon which project is located.or nearest named body of water to project r.??' P y' S?7 DYJ 5£ fi) Ill. Description of Project 2. New work A. 1. Maintenance of existing project B. Purpose of excavation or fill r wilt Access channel l//t' length 1 depth . length width ._.--- 2. Boat basin _ ` depth - , depth ) L width ? ' .r length - 3. Fill area t t t ?; depth M y - length width 4. Other ' rward of MHW (sh t oreline) e C. 1. Bulkhead length Average distance wa ? 2. Type of bulkhead construction (material) Excavated material (total fqr project) D . Type of material 1. Cubic yards MFIW (see also V1. A) l b .. . ow e E. Fill material to be placed 2. Type of material 1. Cubic yards IV. Land Type, Disposal Area, and Construction Equipment: --?--- A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the dispu,al area include any marshland, swamps or other wetland? Yes --No C. Disposal Area 1 'fA 1. Location 2. Do you claim title to disposal area? D. Fill material source if Iill is to be trucked in E. Now will excavated material be cntrappeJ and erosion controlled? 1'. I ypc o1 equipment to be used??f'' ?G G. Will marshland be crossed in transporting equipment to project site? If yes, explain ` V,_ Intended Use of Project Area (Describe) A. 1. Private ?:, 2. Commercial - 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) s i k 3 0 7 i 2. Elevation of lot(s) above mean high water 3. Soil type and texture 5 A A( D ?l 4. Type of building facilities or structures N?a S. Sewage disposal and/or waste water treatment A. Existing N,(.A Planned! I' B. Describe A/44 6. 'Land Classification`(circle one) DEVELOPED TRANSITIONAL COMMUNITY JR A CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes?._No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No '5? 2. Type of discharge v 3. Location of discharge -- VII. Present rate of shoreline erosion (if known): VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits Tor work in project area, if applicable: ,g 114 IX. Length of time required to complete project: .4 D eI k' ?' X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 on his land. B. Attach an accurate work plat drawn to scale on 8%2 X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowner by registered or ed certified mail or by publication (G.S. 113-229 (d))Enter date serv D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. .? r ?c? / / ,v us r l 3 0 '7 SI XI. Certification requirement: 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. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE „Ll ^\ Applicant's Signature "6F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS d j w c, 1 C R o ss S?eT?'o ? No SCE ??. + 1,2- 32 V! ' r V,'c;N;ry M? p Coo ce.V`t PAMLI ca J F-- sR 1 2..3 ,2. ----?. r` r ._.._.__.._.-_ C# IV 4 L PRRK, ? A R,E 42 Jac CSI !ZE J ? N Y i 1``' "U . ?• f PRO f()..> C c, t- ?E R toji BY ZflMes LL 2c, Permit Class Minor Modification STATE OF NORTH CAROLINA Department of Natural Rego i e. d,Community Development .-I, Permit Number 5-86 fell ? y CE N., f47r„M .?. V E b ® Ma1ot,?7'4ol(; n.4ntin. EUT-onmental ConcettrptjYeuinl•.to. W APR (, 4 X986 © ExcavationAattdlbr;. $pb"i?uani o NCGS 113-229 Op UAt ll y o^?Cr N5 QRANC ON Issued to James J. Holladay, Box 76-C, Lowland, NC 28552 authorizing development in Paml i co County at Payton Creek (canal adjoining) south of SR 1232 near Lowland as requested in the permittee's application dated 10/9/85 including attached plat, modified, dated received 3/13/86. This permit, issued on 3 --is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. 6(1) No marsh grass will be excavated and/or filled. (2) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. (3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 days of project completion. NOTE: A 24" minimum pipe size is recommended for the culvert. NOTE: The permittee must obtain approval for any work located within the right- of-way of SR 1232 through the local Department of Transportation main- tenance office. NOTE: A Section 401 Water Quality Certification is required for this project from the Division of Environmental Management. Processing has been initiated and proposed Certification will be acted upon on or after January 13, 1986. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case maybe. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1989 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee . APPLICATION OV 1 FoR . 985 PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICAT'lA EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT !Department of Administration State of North Carolina Department of the Army (GS 14612) Department of Natural Resources and Community Development Corps of Engin Wilmington District (GS 113.229, 143.215.3(x)(1), 143.215.3(c), 113A-118 (33 CFR 209.3 1 i CT. 01 Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. ?+ .. 1. Applicant Information l) A. Name- nit::'s 4 . ?ast= First - Middle B. Address Street, P. O. Box or Route City or Town State Zip Code Phone 11. Location of Proposed Project: A. County - _ ?. B. 1. City, town, community or landmark D W f? AJ 1) 2. Is proposed work within city limits? Yes No '-/_ , T C. Creek, river, sound or bay upon which project is located or nearest named body of water to project III. Description of Project A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin -length-width depth 3. Fill area i! i! 61 Z f°` i : _•? -, length width depth 4. Other '' - length width_ r ` depth C. 1. Bulkhead length _ i Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) b? f N U. Excavated material (total for project) 1. Cubic yards 22. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes Nn ` C. Disposal Area - 1. Location 2. Do you claim title to disposal lrea? D. Fill material source if till is to be trucked in E. How will excavated material be entrapped and erosion controlled? `;/,4'' I'. I ype of equipment to be used v'?f G. Will marshland be crossed in transporting equipment to project site? If yes, explain i\? V. Intended Use bf Project Area (Describe) ' % ' •? f? F "h' T ?? A. 1. Private To 2. Commercial 3. Housing Development or Industrial 4. Other.. - B. 1. Lot size(s) ! X 300 2. Elevation of lot(s) above mean high water 3. Soil type and texture S A A[ b V 4. Type of building facilities or structures ?a 5. Sewage disposal and/or waste water treatment A. Existing A/,/•? Planned B. Describe A144 6. 'Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY `RURA CONSERVATION OTHER (See CAMA Local and Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? YesNo B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No 2. Type of discharge 3. Location of discharge T VII. Present rate of shoreline erosion (if known):. VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for 9 T work in project area, if applicable: ?L IX. Length of time required to complete project: N O v 4; X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 on his land. B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. r T t. C f 1 /,j `` 0 'Y' XI. Certification requirement: 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. X11. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE Applicant's Signature IMF-132 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS 4 ,+ 11 --------------- ?Q CP 7Y-el 2 tOsP rn -?---?__ S R 12 3 1 t 1? Ll\y I_ ?, r + III C... J ?f v L C r ,. ? 1. ...__> OFFICE OF COASTAL MANAGEMENT Lat. 35 18 32 i+ F FIELD INVESTIGATION REPORT Long. 76 36 18 1. Applicant's name James J. Holladay 2. Location of project site Lowland on Payton Crk.' South side of SR 1232 Pamlico County. Photo ref: 65-1301-B-13 (Upper left corner _ 3. Investigation type: Dredge & Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 11_-19-85 _ (B) Was applicant present mp 5. Processing procedure: Application received 10-28-85 Office M0r2he_ad__C_; y 6. Site description: (A) Local Land Ilse Plan Paml i c0 Land classification from LUP Ruraj /Co ati0?___ Development constraints identified in LUP none identified AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters- X, Estuarine waters _ X Other (C) Water dependent: Yes ho _ XOther_ (D) Intended use: Public _ Private Commercial X (E) Type of waste water treatment: Existing notl?_ Planned none _ (F) Type of structures: Existing none Planned parking area (G) Estimated annual rate of erosion R A Source N/A 7. Habitat description: _ AREA (A) Vegetated wetlands: Dredged Filled J ~? Other (B) Non-vegetated wetlands: Shallow subtidal 240 sq_ft_ _ man-made bottom (C) Other: highground grading 1350 sq,ft, (D) Total area disturbed: 1 Cq0 sn- f t- 8. Project summary Applicant proposes to culvert a ditch located south -a f S R 1 12---u-e ar-a v t o •n i 9. Narrative description The applicant's property is a 4.5 acre tract located in the community of Lowland on the n.orth side of Payton Creek, south of SR 1232 in Pamlico County. The tract is composed of almost homogeneoud black needlerush marsh, and is bounded by.a road-side ditch to the north and a mosquito control ditch to the west. Some spoil from these ditches was placed in the marsh of the tract prior to permit requirements. The spoil piles are vegetated by pines, myrtle and non-tidal •salt meadow grass. The applicant is proposing to construct a'culvert crossing from SR 1232-to the small highground areas of the tract. The purpose is to provide parking for vehicles, handling of fishery products into the vehicles, and-for storage of commercial fishing equipment. Nq.build- ings are prow edfor these areas. Anticipated impacts Construction of the project as proposed will involve the filling of approximately 240 sgoft, of shallow subtidal man-made ditch bottom for the culverted crossway. About 44 cu.yds. of fill material will be placed into the ditch for the culverted crossway, and the high ground parking ayes wi.ll disturb another 1350 sq.ft. adjacent to the road and. on the south side of the ditcb. No marsh is to be filled and no other structures are proposed. Adjacent waters are classified as SA by the DEM and are open to shellfishing according to the Diva. of Health Services. Payton Creek is a designated primary nursery area by the DMF. Submitted by' Nelson'G. Paul Date ' Nov. 21, 1985 f ? V APPLICATION FOR ' CT ?LflL? 9 19uq1 WATER QUALITY CERTIFICATi9A1____ ? , PERMIT TO EXCAVATE AND/OR FILL - - CAMA PERMIT FOR MAJOR DEVELOPMENT EASEMENT IN LANDS COVERED BY WATER Department of the Army '_?. - ! Department of Administration State of-North Carolina Corps of Engine Wilmington District omm (GS 146 12) Department of Natural Resoms and C (33 CFR 209.3 0 215.3(c); 11unity3AD113 Development (GS 113-229,143-215.3(a)(1), or print and fill in all blanks: If information is not applicable, so indicate by placing N/A in blank. Please type Applicant Information ) ! ! _J__l 1,. - A. Name First Middle Last f3• Address - ?, v Stceet, P. 0. Box or Route ., r. ;'l !_ f= A; Jr) A/ Zip Code t City Phone or Town State 11. Location of Proposed Project{ ^ A. County B. 1-'City, town, community or landmark 2. Is proposed work within city limits? Yes _.._--No } r. Creek river, sound or bay upon which project is located or nearest named body of water to project ------------- C. , Ill. Description of Project ?' ---? 2. New work , A. 1. Maintenance of existing project B. Purpose of excavation or fill depth NUJ length -width 1. Access channel depth 2. Boat basin length -width.---- ...----width depth ?? ! i length-.- 3. f=ill area a 9 width -depth -' --------- " V length Other ' i Average distance waterward of MNW (shoreline) C. 1. Bulkhead length 2• Type of bulkhead construction (material) U. Exc.!vated material (total for project) 1. Cubic yards ,; --- o. Typc of material ==----'-" ` E. Fill material to be placed below Ml W (see also VI. A) -- ?- -2• Type of material 1. Cubic yards IV. Land Type, Disp oral Area, and Construction Equipment: A. Dues the area to be excavated include any marshland swamps or other wetland? 'yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes --No C. Disposal Area /r! Location 2• Do you claim title to disposal area? D. Fill material source if fill is to be trucked in ?____ L. tiuw will excavated material be entrappc t and erosion controlled? L , 1'. 1 ype of equipment to be used .` G. Will marshland be crossed in transporting equipment to project site? If yes, explain Iniended Use of Project Area (Describe) ' A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) , :5-D / /) ) 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures %?- -- :..•'?' --i---- S. Sewage disposal and/or waste water treatment A. Existing ",, Planned B. Describe 6. 'Land Classification ? (ci rcl e one) DEVELOPED TRANSITIONAL COMMUNITY RURAI_ ' CONSERVATION OTHER ---(See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: ;,. Does the proposed project involve the placement of fill; materiais below mean high water? 1'es .,:??. No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project com/pletion? Yes-No 2. Type of discharge HIV /1 ?Y .?...s......_ 3. Location of discharge VIII. Present rate of shoreline erosion (if known): VI11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: IX. Length of time required to complete project: X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 on his land. B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for details). Note.: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's.. Such owners have 30 days in which to submit comments to agencies listed below. S ^ r. s 7 7-;--!,,. / ?r.. ? ?) r l r 1 ? X1. Certification requirement: 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 X11.. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE ?r Applicant's Signature t D&F•B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS r7 ep z? r b t?J V 1 o ? Z V / ? V V Xl? l LY _ 7 -yArYD ?. _ ° s 4. a 1 J W. ?a'.. j g j?ui ?. ? i I Y Q -?r? ZA 5 i t('? 7'?r ? Z 1l >- ?<X3 44th ? s3+ ? ?,t CQ -?.? ? 1T'?V t+4 CQ Y n