HomeMy WebLinkAbout19860273 Ver 1_COMPLETE FILE_19860101Permit Class �' �a OQ\ b
13th RENEWAL v� �j
STATE OF NOATH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
_2L Major Development in an Area
pursuant to NCGS I I3A-118
Permit Number
93-86
JAN 15 2015
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Waff Contracting, Inc., PO Box 237 Edenton NC 27932
Authorizing development in Chowan County at Chowan River, north side, east of US
HWY 17 , as requested in the permittee's letter dated 11/6/14
This permit, issued on .lannary 6 2015
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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
This renewal shall be attached to the original of Permit No. 93-86, which was issued on 5/15/86, as well
as all subsequent renewals, refinements, and modifications, and copies of all documents shall be readily
available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
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 shall 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 Division approval.
All work shall cease when the permit expires on
December 31, 2016
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 DENR and the
Chairman of the Coastal Resources Commission.
00
1e. Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee
.d
Permit Class
2nd Minor Modification STATE OF NORTH CAROLINA
Department of Natural Res6i 4i;gnd Community Development
ft.,? r, d
a
I Excavation ar dlor, g pei sua t to NCGS 113-229
Permit Number
93-86
issued to Waff Contracting, Inc., P 0 Box 237, Edenton, NC 27932
authorizing development in Chowan County at the Chowan River, off U. S. 17, north
as requested in the permittee's application dated 9/20/87 (updated)
including attached plats, "Nos 2B and 313" revi sea aatea yl zul ui ..4H.. aaLeu 4u i o/ a?iu
"calculations" dated, received 4/7/87.
This permit, issued on ;;'/2 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) In order to protect juvenile fin fish populations, no excavation or filling
will be permitted between March 1 and July 31 of any year without the prior
approval of the Division of Coastal Management.
(2) Excavation of cutover forested wetlands will be accomplished in strict accor-
dance with the modified pat labeled o. 2B" dated 9/20/87.
(3) The access channel, from the existing normal water level to 700' into the
Chowan River, will not exceed a bottom width of 70 feet and a top width
of 120 feet, as indicated by plat labeled "No. 313" dated 9/20/87.
(4) To replace wetland losses, the permittee will, at the time of excavation
of the basin, restore to the contour of adjacent wetlands, a 1.0 acre, irre-
gularly-shaped tract of previously filled wetlands identified to the permittee
by the U. S. Fish and Wildlife Service on April 2, 1986. Prior to the connec-
tion of the basin to the Chowan River, the completed replacement will be
inspected by the Corps of Engineers and/or the U. S. Fish and Wildlife Service
in consultation with the DCM, Elizabeth City Office.
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.
? David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Waff Contracting, Inc.
Permit #93-86
Page 2 of 2
ADDITIONAL CONDITIONS
(5) The permittee shall expand by an additional 0.3 acre the mitigation site
described in Condition #4 and agreed upon by the U. S. Fish and Wildlife
Service and the Corps of Engineers to offset the additional loss of wooded
wetland habitat brought about by the modification of this permit.
(6) An earthen plug will be left between the inland canal and the Chowan River
until excavation landward of the plug has been completed and the restoration
area has been accepted. To prevent unnecessary sediments from reaching
adjacent waters, at least 24 hours will be allowed to elapse before the
plug is removed.
(7) All excavated materials will be confined landward of the normal water elevation
contour and any wetlands.
(8) No excavated materials will be placed, either temporarily or permanently,
at any time in any vegetated wetlands or waters of the State.
(9) Vegetated wetlands will not be excavated or filled with the exception of
those areas identified in Condition #2 and the required replacement area.
(10) Excavation will not exceed 12 feet below the elevation of normal water.
(11) Equipment operating over shallow water marsh or wetlands will be supported
by timber matting.
(12) The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction-related
discharge.
NOTE: Section 401 Water Quality Certification No. 1883 was issued on February
7, 1986 for this project by the Division of Environmental Management.
NOTE: An erosion/sedimentation control plan must be submitted and approved at
least 30 days prior to project commencement. The plan must contain all
temporary and permanent measures to be utilized. For more information,
contact: Division of Land Resources, Land Quality Section, N. C. Dept.
of Natural Resources and Community Development, P. 0. Box 1407, Washington,
N. C. 27889.
NOTE: This 10/87 modification authorizes a 30' shift to the southeast of the
proposed boat basin and a 50' shift to the southeast of the proposed south
jetty.
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
June 15, 1987
SUBJECT: File No. SAWC086-N-021-0018
Waff Contracting, Inc.
Attention: Mr. Paul E. Waff, Jr.
Post Office Box 237
Edenton, North Carolina 27932
Dear Mr. Waff:
Reference your request for a modification to your Department
of the Army permit to enlarge the size of your entrance channel
and basin off of the Chowan River in Edenton, Chowan County, North
Carolina.
Your request has been reviewed and found to still be
consistent with the provisions and objectives of general permit
No. SAWC080-N-000-0291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization
and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in
a violation of Federal law.
If any change in your work is required because of unforeseen
or altered conditions or for any other reason, plans revised to
show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any
such change or alteration. Such action is necessary as revised
plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
i
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. William Mills
Water Quality Section
Division of Environmental
Management
orth Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
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permit Class
Minor Modification STATE OF NORTH CAROLINA.
Department of Natural ResartucVs,nd Community Development
Coastal l ee i'cesssion
'? i
2
rv .for-- ;.
Major Deaelop n?nt,iri, -
Concerrrpgrsuant too
® Excavation`andfor;? ursu
to NCGS 113-229
Permit Number
93-86
Issued to Waff Contracting, Inc., P 0 Box 237, Edenton, NC 27932
authorizing development in Chowan County at the Chowan River, off of US 17 north
as requested in the permittee's application dated 3/14/86 including
attached plats, "Nos 2A, 3A, 4A"dated 4/1/87 and "calculations" dated rec. 4/7/87.
This permit, issued on -7 , 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.
(1) In order to protect juvenile fin fish populations, no excavation or filling
will be permitted between March 1 and July 31 of any year without the prior
approval of the Division of Coastal Management.
(2) Excavation of cutover forested wetlands will be accomplished in strict accor-
dance with the modified pat a e e No. 2A" dated 4/1/87.
(3) The access channel, from the existing normal water level to 700` into the
Chowan River, will not exceed a bottom width of 70 feet and a top width
of 120 feet, as indicated by plat labeled "No. 3A" dated 4/1/87.
(4) To replace wetland losses, the permittee will, at the time of excavation
of the basin, restore to the contour of adjacent wetlands, a 1.0 acre, irre-
gularly-shaped tract of previously filled wetlands identified to the permittee
by the U. S. Fish and Wildlife Service on April 2, 1986. Prior to the con-
nection of the basin to the Chowan River, the completed replacement will
be inspected by the Corps of Engineers and/or the U. S. Fish and Wildlife
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.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Waff contracting, Inc.
Permit #93-86
Page 2 of 2
r.
ADDITIONAL CONDITIONS
a
Service in consultation with the DCM, Elizabeth City Office.
(5) The permittee shall expand by an additional 0.3 acre the mitigation site
described in Condition #4 and agreed upon by the U. S. Fish and Wildlife
Service and the Corps of Engineers to offset the additional loss of wooded
wetland habitat brought about by the modification of this permit.
(6) An earthen plug will be left between the inland canal and the Chowan River
until excavation landward of the plug has been completed and the restoration
area has been accepted. To prevent unnecessary sediments from reaching
adjacent waters, at least 24 hours will be allowed to elapse before the
plug is removed.
(7) All excavated materials will be confined landward of the normal water elevation
contour and any wetlands.
(8) No excavated materials will be placed, either temporarily or permanently,
at any time in any vegetated wetlands or waters of the State.
(9) Vegetated wetlands will not be excavated or filled with the exception of
those areas identified in Condition #2 and the required replacement area.
(10) Excavation will not exceed 12 feet below the elevation of normal water.
(11) Equipment operating over shallow water marsh or wetlands will be supported
by timber matting.
(12) The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction-related
discharge.
NOTE: Section 401 Water Quality Certification No. 1883 was issued on February
7, 1986 for this project by the Division of Environmental Management.
NOTE: An erosion/sedimentation control plan must be submitted and approved
at least 30 days prior to project commencement. The plan must contain
all temporary and permanent measures to be utilized. For more information,
contact: Division of Land Resources, Land Quality Section, N. C. Dept.
of Natural Resources and Community Development, P. 0. Box 1407, Washington,
NC 27889.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 11, 1987
SUBJECT: File No. SAWC086-N-021-0018
IN REPLY REFER TO
Regulatory Branch
RECEIVED
M AY 18 ?987
Mr. George Matthis
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Matthis:
WATER QUALITY SECTION
OPERATIONS E3?.,iN -t-i
Reference the permit modification request of Waff Contracting,
Inc., for a Department of the Army permit to expand their
permitted barge channel and basin off of the Chowan River near
Edenton, Chowan County, North Carolina.
The Federal agencies have completed review of the proposal as
presented.by the application.
We recommend that the following additional condition be
included in any State authorization:
The permittee shall expand by an additional 0.3 acre the
mitigation site previously agreed upon by the U.S. Fish and
Wildlife Service and the Corps of Engineers to offsset the
additional loss of wooded wetland habitat.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
F
Copies Furnished:
-2-
Mr. William Mills
ater Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 22, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-021-0018
RECEIVED
MAY 2 7 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
Waff Contracting, Incorporated
Post Office'Box 237
Edenton, North Carolina 27932
Gentlemen:
Reference your application for a Department of the Army permit
to excavate a barge canal and basin off the Chowan River, near
Edenton, Chowan County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
If any change in your work is required because of unforeseen
or altered conditions or for any other reason, plans revised to
show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any
such change or alteration. Such action is necessary as revised
plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
Mr. William Mills
Water Quality Section
Division of Environmental
Management
c/ North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
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WAFF CONTRACTING IN C.
P.O. BOX 237 • EDENTON, N.C. 27932
BOAT BASIN. LAYOUT PLAN
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C04CRETE R1P•RA9 JETTY IS"x250"LG. 607" SiDE;S• TOP OF rAoRMAL- WA-reK
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SECTION
TYPICAL CHANf.lEL CRO55 5E.CTlO,ti
5TATiON 6+25
5CALE i N.T.S.
WAFF CONTRACTING INC.
P.O. BOX 237 • EDENTON, N.C. 27932
CR055 5ECTION SHEET
ORAWIrtG N°_ FOUIfi
YJ Ind: i -'t- V"- .¢
Ai
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 1, 1986
SUBJECT: File No. SAWC086-N-021-0018
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
b
`.; `J ..
j .ft.a
Reference the March 14, 1986, revised application of Waff
Contracting, Incorporated, for a Department of the Army permit to
excavate a barge canal and basin off the Chowan River, near
Edenton, Chowan County, North Carolina.
The Federal agencies have completed review of the modified
plan. We recommend that the following conditions be included in
the State authorization:
a. Excavation of cutover forested wetlands will be
accomplished in strict accordance with the modified plan submitted
with the revised application dated March*14, 1986.
b. To mitigate wetland losses, the permittee will, at the
time of excavation or prior to excavation of the basin, restore to
the contour of adjacent wetlands, a 1.0 acre, irregularly-shaped
tract of previously filled wetlands identified to the permittee by
fe Service on April 2, 1986. Prior to the
connection of the basin to the Chowan•River, the completed
mitigation will be inspected by the Corps of Engineers and/or the
U.S. Fish and Wildlife Service.
c. An earthen plug will be left between the inland canal and
the Chowan River until excavation landward of the plug has been
completed and the mitigation area has been accepted. To prevent
unnecessary sediments from reaching adjacent waters, at least 24
hours will be allowed to elapse before the plug is removed.
w -2-
O'_
;OP
d. In order to protect anadromous fish during migration, no
excavation will be permitted between the dates of March 15 and
June 15 of any year.
e. All excavated materials will be confined landward of the
normal water elevation contour and any wetlands.
f. No excavated materials will be placed at any time in any
vegetated wetlands or waters of the State.
g. Vegetated wetlands will not be excavated or filled.
h. Excavation will not exceed 4 feet below the elevation of
normal water.
i. The temporary placement or double handling of excavated or
fill materials within waters or vegetated wetlands is not
authorized.
3. The activity will be conducted in such a manner as to
prevent a significant increase in turbidity outside the area of
construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 25 NTU's or less are not
considered significant.
k. Equipment, operating over waters or wetlands will be
supported by timber matting.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
-3-
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental,
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife
Post Office Box 25039
Raleigh, North Carolina
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
Mr. Randy Cheek
28557 National Marine Fisheries, NOAA
Environmental Assessment Branch
Pivers Island
Beaufort, North Carolina 28516
Service
27611-5039
IN Hill KU-t-H IV
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 16, 1985
SUBJECT: File No. SAWCO86-N-021-0018
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
"I
V E
' ' Y •, ? ? fr??J
+ r
Reference the application of Waff Contracting, Incorporated,
for a Department of the Army permit to excavate a barge canal and
basin off the Chowan River, near Edenton, Chowan County, North
Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letters of November 26 and December 6, 1985 (copies enclosed),
the U. S. Environmental Protection Agency and the National Marine
Fisheries recommended that authorization for excavation of the
basin area, as sited, be denied. By telephone conversation, the
U. S. Fish and Wildlife Service informed us that they concur with
the other agencies' recommendations. All agencies refer to the
significant, adverse impact of the loss of approximately 72,000
square feet of wooded wetland and 179,500 square feet of shallow
water habitat. As less damaging locations for excavation of the
basin are available, we support the j? Leiiiiiii ll(;Jlj:? 11:41,11!r
agenc es
o t e application and suggest modification of
the plans to resite the basin.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
-2-
Copies Furnished (without enclosures):
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. Lu Ann Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
At' I
J?sep sr?T?s
so
"' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV ({N?°
345 COURTLAND STREET 111
ATLANTA, GEORGIA 30365
4WMD-MEB/LP
Colonel Wayne A. Hanson
District Engineer DEC 3 1985
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Mr. Dave Baker
ff Inc. r ) ?
SUBJECT: Wa Contracting, E I V f
(SAWCO 86-N-021-0018)
Dear Colonel Hanson: SE6 I N
This is in response to the subject public notice proposingo
construct a boat basin and access channel along commercial ?•RC•
property off U.S. 17 adjacent to the Chowan River, Chowan
County, North Carolina.
The applicant proposes to construct an access channel, a boat
basin, and concrete jetties. This barge loading/unloading
facility would function as a different entity from the adjacent
identical existing operation. The proposed work would involve
excavation of a 700 ft. x 240 ft. x - 12 ft. MWL access
channel into the Chowan River. Adjacent to this channel, 2
rock jetties, 250 ft. x 15 ft. x 10 ft., are proposed to
extend into the Chowan River. The proposed boat basin would
be approximately 430 ft. x 270 ft. and would be created
entirely. within a wooded wetland.
As a result of this activity, approximately 72,000 sq. ft.
of wooded wetland will be removed by the boat basin con -
tion and 179,500 sq. ft. of w-water river
iminated by the creation of the access
channel and jetties.
Wooded wetlands perform valuable functions to aquatic systems
including: fish and wildlife values, detrital export, water
quality services, and vital stormwater retention capabilities.
In addition, the bottom area of the Chowan River at the
proposed project site is an.important nursery site for juvenile
populations of river herings (Alsoa sp.), white perch (Morone
americana), and stripped bass (Morone saxatilis).
It is clear that the dredge and fill activity will eliminate
a valuable aquatic resources, and will result in unacceptable
f
-2-
adverse environmental impacts. Consequently, it is our opinion
that the subject permit application should be denied.
Sincerely yours,
e4l, /`
William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
cc: See attached
t
cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC Office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC Office of Coastal Management
Randy Cheek, Area Supervisor
National-Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL
4
?. STATF v
a r
t aw.
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 February 7, 1986 Director
Mr. Paul Waff
Waff Contracting, Inc.
P.0 Box 237
Edenton, NC 27932
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Boat Basin and Jetties
Waff Contracting, Inc.
Chowan River
Chowan County
Dear Mr. Waff:
Attached hereto are two (2) copies of Certification No. 1883
issued to Waff Contracting, Inc. dated February 7, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
t.eccsned By
I?
cc:
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
?- N 1 *
NORTH CAROLINA
Chowan 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 Waff Contracting, Inc.
pursuant to an application filed on the 18th day of November, 1985 to
construct a boat basin, access channel, and jetties.
The Application provides adequate assurance that the discharge of
concrete into the waters of Chowan River in conjunction with the
proposed jetties in Chowan 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.
s e t day of February, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
Dennis R. Ramsey
wgc# 1883 For R. Paul Wilms, Director
Dear Mr. Waff:
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 February 7, 1986 Director
Mr. Paul Waff
Waff Contracting, Inc.
P.O. Box 237
Edenton, NC 27932
IA SFATZ
ww
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Boat Basin and Jetties
Waff Contracting, Inc.
Chowan River
Chowan County
Attached hereto are two (2) copies.of Certification No. 1883
issued to Waff Contracting, Inc. dated February 7, 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
Pollution Prevention Pays
P.O Box 27687; Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
Wilmington District.Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
An Equal Opportunity Affirmative Action Employer
*1 %
NORTH CAROLINA
Chowan 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 Waff Contracting, Inc.
pursuant to an application filed on the 18th day of November, 1985 to
construct a boat basin, access channel, and jetties.
The Application provides adequate assurance that the discharge of
concrete into the waters of Chowan River in conjunction with the
proposed jetties in Chowan 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 7th day of February, 1986.
DIVISION ENVIRONMENTAL MANAGEMENT
Original Signed ?Y
Dennis R. Ramsey
For R. Paul Wilms, Director
WQC# 1883
•
DIVISION OF ENVIRONMENTAL MANAGEMENT
TO: Bill Mills
Permits and Engineering
THROUGH: Jim Mulligan, Regional Superv??
Washington Regional Office
FROM: William J. Moore, Environmental Engineering Tech
Water Quality Section
Washington Regional Office
SUBJECT: Regional Office Review and Recommendations RE C P-1 V
G?4 ?? Cdr fraclii? ?' ED
DEC 1 1 4,1985
??UAL(7Y •• ? ,
NATEk ??crio
A preliminary review of the proposed project indicates that: OPER,'A?!' 6LCT101Y
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 gr-
A 401 Water Quality Certification will not be required, this office
has no objections to the proposed project.
-It is recommended that a 401 Water Quality CertifAcation be issued
containing a turbidity limit o 25 : 50 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 ob ec project.
Additional Comments: x pw/?-Avl /Y?yo'y? X
ZS° r, P -?cVD J Q (f• es of Y? a.ls o p rv?oo Sec a ??rr.g w.TJI
a 7d? 1 v-n5 ?C ZoD w.?L¢ X 12-, der
%s 7? ?rev,'o ha boy- bay- 7?/ys . / 5le??
xe Al
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) from
('? ,I!'k,^'f ryt,t.('i rit i fi}6 r :.1 '1" r" v.. I,, 1.-Y?<I1 ; A-1.4 :?A. nit ..
1tiL 1 (l?'y' is -i oo 'f
_ Ylf' 3"v. 5
A i !Z I
tl^s/ r?i
A. PERMIT:
X 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 Qignificant
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
e,
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 SECTTI46N
DIVISI ON OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for Stat Federal'CAMA Permit(s) from
,ji
T40 0-ftemo-
A C-1 ii -_ AA'kt4
,A. PERMIT:
This office cannot comment on this project until after the close of'the Section
401 Certification Public Comments Period. x
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.:reasonabl.e.i„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. CERTIFICATI0d 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 acte on
or . after
?s%tzl
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 SE N??
DIVISION OF ENVIRONMENTAL MANAGEMENT
4
MEMORANDUM
DIVISION OF ENVIRONMENTAL MANAGEMENT
/1/- z r 8f --
TO: Bill Mills
Permits and Engineering
THROUGH: Jim Mulligan, Regional Supervisor
Washington Regional Office
FROM: William J. Moore, Environmental Engineering Tech
Water Quality Section
Washington Regional Office
SUBJECT: Regional Office Review and Recommendations R E C E V E D
Gr/.4F? 44 .r/T.+P.? GT/.f/6
?i oCV,Q•r? 5; aA17X r, Ov 2 71985
A preliminary review of the proposed project indicates that: t'.!ATER QUAL!TY SECTION
OPER,:
7fM
,
; =RANG-!
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.
It is recommended that a 401 Water Quality Certification be issued
containing a turbidity limit of 25 : 50 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:
cc:
OFFICE OF COASTAL MANAGEMENT ?
FIELD INVESTIGATION REPORT
L Applicant's name WAFF CONTRACTING, INC. c/o- PAUL WAFF
2. Location of project site owa.n..Cou.nty,..off U. S. 17 North, adjacent to
t e owan iver. No photo index
J. Investigation type: Dredge & k'ill'.' X CAMA X
4. Investigative procedure: (A) Dates of site visit 5/2/85 d 10/24/85,
(B) Was applicant present yes yes
5. Processing procedure: Application received 10/24/85 Office Elizabeth City
6. Site description: (A) Local Land Use Plan Cho w an County
Land classification from LUP Conservation
Development constraints identified in LUP owan ountys
plan indicates that lands classified as generally not suitable or urban
d uses may e permi a eir,R anning board-had
r na ions on :a case y case basis.
(B) AEC(s) involved: Ocean Hatard Estuarine shoreline x
Coastal wetlands Public trust waters -X?
Estuarine waters .....X Other
(C) Water dependent: Yes , x No Other
(D), Intended use: Public Private Commercial x
(E) Type of waste water treatment: Existing none
Planned none,
(F) Type of structures: Existing.'' n6 h
Planned none
(G) Estimated annual rate of erosion 1.63 Source S C S Shoreline Erosion
7 Habitat description: I n vd n to ry
i AREA
(A?) Vegetated wetlands: Dredged Filled Other
Wooded swamp habitat 72,000 sq. ft.
(boat basin)
(B) Non-vegetated wetlands:
River bottom (access channel) 164,500 ft.
15,600 sq. ft.
River bottom (jettys)
(C) Other:.
Highg.round,(diked disposal 60,000 sq. ft.
rea
(D) Total area disturbed: 311,500 sq., ft;
8. Project summary The applicant proposes to construct a boat basin and
access channel along his commercial property off U.S. 17 on the Chowan
River in Chowan County, N.C.
i
WAFE CONTRACTING, INC
BIO REPORT
PAGE 2
SITE DESCRIPTION `
The applicant's property is an 8 ar-re tract oi''land located off U.S.
17 on the Chowan River just as you enter Chowan County across the bridge
from Washington County. The site is located on the southern side of U.S.
17 and immediately south of a large, existing boat basin which is owned
and operated by Waff Brothers, Inc. A large portion of the applicant's
property consists of wooded wetlands which his recently,been-cat over-
except for a narrow fringe along the Chowan River which was left intact.
This cut-over Area is already beginning to re-establish itself with- wooded
wetland vegetation such as red maple, black gum, and bay.
The remaining portion of the applicant's property consists of land
which has been filled in over the years with wooden-debris. The U.S.
Army Corps of Enginee-rs'has delimited their 404 jurisdiction for this site
and,,i.t %s reflected in the application drawings (sheet #2).' The waters of
the Chowan River at this location are classified by the DEM as "SC". The
bottom areas of the Chowan River at this location-is sandy and the shallow
water areas are important nursery areas for juvenile populations of river
herrings, white perch, rockfish, and catfish.
The applicant is requesting a permit which would authorize the
excavation of an access channel apd boat basin and the construction of
_concrete jetties in order to operate a barge loading/unloading facility
which would operate as a different entity from the adjacent existing
operation owned by Waff Brothers, Inc. Plans submitted with the applicatio
show the excavation of an approximately 700 feet long by up to 240 feet
wide (top width) by minus 12 feet NWL deep access channel into the Chowan
River. Adjacent to this channel, 2 rock jetties are also proposed to
extend into the Chowan River. Each jetty would be approximately,250 feet
long by 15 feet wide (bottom width) and up to 10 feet in height. The'
proposed boat basin is to be located into the applicant's property and
will be approximately 430 feet long by 120 feet,to 270 feet wide (top
width) by mihus 12 feet NWL deep. This 720,000 square feet boat basin
will be excavated entirely with wooded wetland with the spoils being
placed on the previously filled area adjacent to the basin to drain and
then being hauled to a high ground disposal site off S.R. 1204. The
applicant has indicated that an. earthen.plug would be left intact until
the inland excavation was complete. w
Submitted by LuAnn.Bryan
Date, November P, 1985
w
WAFF CONTRACTING, INC.
BIO REPORT
PAGE 3
ANTICIPATED IMPACTS
If
The project as proposed would result to the exaavati.on of approxi.matel
164,500 square feet of Chowan River bottom with approximately 30,500 cubic
yards of primary sand materials being excavated. Th.e majority of the chann
excavation will be accomplished by barge.with dragline and clamshell bucket
Spoils will be placed on an adjacent barge and deposited. on the designated
spoil area adjacent to the boat basin. Increased levels to turbidity
levels can be expected by this excavation but it's negative impact could
be lessened if,the project was timed to avoid periods of adult anadromous
fish migration and periods of juvenile development. Also, approximately
7,500 square feet of river bottom would be filled by the proposed concrete
jetties. Approximately 1,000 cubic yards of concrete material would be
placed below the NWL.
The proposed boat basin would result in the direct loss of approximate
72,000 square feet of wooden wetland and habitat areas with the excavation
of approximately 40,000 cubic yards of organic and sand substrate materials
The spoils derived from this excavation would also be placed on an adjacent
spoil disposal area to drain, then hauled off to a high ground disposal
area of S.R. 1204. These wooded wetlands provide important habitat areas
for many species of wildlife and provides cover, food and nesting areas
for them. These wetlands also act as important buffer areas to adjacent
water bodies by filtering out pollutants and sediments from runoff and
thus helping maintain good water quality. They also provide a source of
detritus material which is a basic component of the aquatic food web.
4
Submitted by LuAnn Bryan
Date November 1V, 1985
W
APPLICATION V&??FG
FOR
PERMIT TO EXCAVATE ANOMR FILL WATER QUALITY CERTIFICATION 64 ?sr
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR b1AJOR D9VELOPM;it .
I OM&nmeet of tho Army
0e04krurwrtt of AdrelnlWatlon Stan of North CaRWhu
(GS 146-12) Department of Natunl.Rwurca and Cornrnurnlty Devel"Mirrst Corps of fngkwt% Wllml -1 01Wkt
(GS 113.129,143-215.3(a)(1).143-215.3(c). 113A•113 (33 CFR 209.320.329)
Plaw type or print and fill in all blanks. If infornsation is not applicable, so indicate by plack+g NIA in blmk.
1. Applicant Information
A. Name WAFF CONTRACTING, INC.
Last First Middle
8. Address P.O. BOX 237
. Street, P. O. Box nr Routs
EDENTON, N.C. 27932 919-482-7071
City or Town Stale Zip Code Phone
11. Location of Proposed Project:
.A. County CHOWAN
B. 1. City, town, community or landmark NEAR EDENTON N E OF CHOWAN RIVER R I I. S. HWY. 17 GRID[
2. Is proposed work within city limas' Yes No X CHOWAN RIVER
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
r
III. Description of Project
A. 1. Maintenance of existing project 2. New work CONSTRUCT BASIN, ACCESS CHANNEL?_ & JET
B. Purpose of excavation or fill
1. Access channel X. length- 700' width 200' depth -1 1 NWL
2. Boat basin X length 600' width 120' depth 12 NWL
3. Fill area X length 500'* width 1.20'* depth + 4 NWL
4. Other „Z JETTY$ length 250' width• 15' depth + 4 NWL to Nat. Bottom
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
0. Excavated material (total for project)
1. Cubic yards 57,450 2. Type of material sand w/overlay of vegetation
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 X No
8. Does the drsprsul arcs include any marshland, swamps or other wetland' Yes No X
C. Disposal Area HIGH GROUND ADJACE'Ir
NT TO SR 1204. . SEE ACCOMPANYING LOCATION MAP
1. Location
2. Do you claim title in disposal area! YES ,
0. Fill material sowrce if fill rs to be trucked in
E. How will excavated material be entrat+ped and erosion controlled' STLTFENCE AND SOD
F. Type of equipment to he used DRAGLINE/CLAMSHELL
G. Will marshland he crossed in transporting equipment to project site' 11 yes, explain YES - TIMBER MATTING
WILL BE USED TO CROSS OVER, AND WORK OFF OF MARSHLAND.
D&F-41 w
Rav.10171
i }f
V. babended u++ of P.a?.a AM (s" OVU)
BOAT/BARGE BASIN FOR EQUIPMENT OWNED BY WAFF CONTRACTING,, INC.
A. 1. fr*aw -- ---
2. Cm+N+ercisl
3. Hownt D&veioeusent or Indutttivi
4. Other
d. 1. Lot size(s) 8 Acs. 2 Elevation of lobs) above mean high water 3' + No Greet L _ Water- 3. Soil type and mexture SAND WITH MUCK OVERBURDEN
4. Type of building facilities or structures
S. Sewage disposal and/or waste water treatment A. Existirt -- Planned
S. Oescribe NONE REQUIRED
6. Land Classification (circle rne) DEVE LOPf.D TRAr4Si rlij.N M. COMMUNITY RURAL
ZONSERVATION OTHLR -- (See LAMA Loci is Plan Synopsis)
VI. Mrulning to Fill and Water Quality.
A. Does the proposed prgjut :nvolve tht placement of fill materials heiciw r-iePii high water? Yes__No
E. 1. Will any runoff or discharge enter adjacent waters as a result of proiEct ulivity or planned uw of the
area following protect completion) Yes. No X
2. Type of dischar>te
3• Location of discharge
V11. PneW rate of O weline erosion Iif known):
VOL Use permit numbers and issue dates of previous Departmefit of Army Carps. of Eriglrtren or State pernsits for
went In proled area, if applicable:
ITTNUING' BUT i ,NOT DURING - APRTl 1 THRLI JUNE 30 SPAWNING
11L Leiylls of time repuirid to complete protect: S0s ?. SEASON.
)L M addition to the completed aoplicatlen ferns, the fdlowltg Items must be provided: A.• Attach a Copy of the deed (with State application only) or othtt 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
i
permission from the owner to carry out the proiect on his land.
Attach an accurate work plat drawn to scale on $'h X I V white paper (see instruction booklet for
details). Note: Origins drawings preferred • only high quality copies •cceoted.
C. A copy of the atiolication and plat must be served upon adiactnt riparian landowners by registered or
certified mail or by publication1G.S. 113.229 (d))Enter date screed 0 TOB R 7,- 1985
0. List names and complete addresses of the riparian landowners with proceriy adioining applicant's.
Such owners have 30 d4vs in which to submit comments to aesncies listed below.
WAFF BROS. INC. PO.BOX 237 EDENTON N.C. 27932
LANCAST-ER MCFAYDEN .& UPCHURCH RT. 1 BOX 160 ELLERBEE, N.C. -28338
X1. Certification repuirement: I certify that to the best of my knowledge, the prooosed activity complies
with the State of North Carolinas approved coastal Anatement orotnrn and will be conducted in a
manner consistent with such program.
Xlt. Any permit issued pursuant to this aoohcatinn Will allow only the develooment'deser!bad 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.
?..?.wea._
DATE log 1'1 •s s ---
Acplicant's signature
blFa2 SEE REVERSE SIDE FOR MAILI"4G INSTRUCTION%
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WAFT CONTRACTING INC.
P.O.60 237'••EbENTON, N.C. 27932
1
C.OGAT1004 , MAP FOR
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ANV pISPOSAL SITE
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c P.O. BOX 237 • EDENTON, N.C. 27932
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WAFF CONTRACTING INC.
P.O. BOX 237 • EDENTON, N.C. 27932
CRO55 5EGTI0N SHEET
DRA??IUG fy£ FOUR
w
Joint Public Notice
RECEIVED
NOTICE OF FILING OF F E 8 0 6 1986
AtPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION WA1£!t QUALITY SECTION
OPERATIONS BRANCM
Pursuant to NCGS 113A-119(b) and 143-215 3(a)(1)(c), the Department of
Natural Resources and Community Development hereby gives Public Notice that
WAFF CONTRACTING, INC. of Chowan County, filed an appli-
cation on October 24, 1985 for a permit from the Division of Coastal
Management to develop in an Area of Environmental Concern and for Certification from
the Division of Environmental Management that a discharge of fill material in
project wetlands will not violate applicable Water Quality Standards.
According to said application, applicant proposes to-construct a
boat basin and access channel adjacent to Chowan River near.
Edenton. in Chowan County,_N.C.
Acopy of the entire application and additional information may be examined
(or copies furnished, upon payment of reproduction costs) during normal business
hours at the office of LuAnn Bryan , Division of Coastal Manage-
ment, 108 South Water Street, Elizabeth City, NC 27909 and/or the Division of
Environmental Management, Washington Regional Office.
The Division of Environmental Management proposes to take final action
on this Water Quality Certification on or after. De _pmh r 30. 1985
INWOW. The issuance of the CAMA Major Development Permit and the Section 401
Certification may.deviate from this projected date depending upon the nature of
the comments submitted and subsequent hearings that may result.
All persons desiring to make comments should so do in writing to
Mr. Dave Owens, Director, Division of Coastal Management, P. 0. Box 27687,
Raleigh, NC 27611, prior to December 20, 1985 (15 days) for consideration
under the CAMA Permit decision, and to Mr: William Mills, Division of Environ-
mental Management, P. 0. Box 27687, Raleigh, NC 27611 prior to December 20, 1985
(41IMM for consideration.under the Water Quality Certification decision.
DEPARTMENT OF THE ARMY
x WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
October 23, 1985
T HEPLY HEFEH TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-021-0018
Waff Contracting, Incorporated
Post Office Box 237
Edenton, North Carolina 27932
Gentlemen:
RECEIVED
OCT 2 81985
V ATER QUALITY SECTION
G€'E ' a !'} ' RANC!
On January 27, 1981, we issued general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received October 18, 1985, for a
Department of the Army permit to excavate an access channel and
boat basin, and construct two stone jetties in the Chowan River
just south of Highway 17, near Edenton, Chowan County, North
Carolina, indicates it to be a candidate for Federal authorization
under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North
Carolina Division of Coastal Management. Comments from Federal
review agencies will be furnished to the State.
If your application must be withdrawn from this general
permit process for any reason, you will be written and informed of
its further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-021-0018 and will be coordinated by
Mr. David Baker, telephone (919) 343-4642. He is available to
address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
,,Kvision of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Post Office Box 570
Beaufort, North Carolina 28516
Mr. Lee Pele,j
Environmental Review Section
Environmental Assessment Branch
U. S. Environmental Protection Agency
345 Courtland Street, N. E.
Atlanta, Georgia 30365
Ms. LuAnn Bryan
Division of Coastal Management
North Carolina Department
of Natural Resources and
Community Development
108 South Water Street
Elizabeth City, North Carolina 27909
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
October 22, 1985
SUBJECT: File No. SAWC086-N-021-0018
VED
Mr. William Mills
Water Quality Section ; j .4.
Division of Environmental Management
North Carolina Department of
+IATE??
Natural Resources and 4FEi', s - _? }`FCC
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Waff Contracting,
Incorporated for a Department of the Army permit and a State
Water Quality Certification to construct a boat basin and access
channel for a barge loading/unloading facility off the Chowan
River near Edenton, Chowan County, North Carolina. Your receipt
of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by December 23, 1985, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
0?j Vas W.H1is
ief, Regulatory Branch
Enclosure
October 17, 1985
U.S. Army Corps of Engineers
Regulatory Branch
PO Box 1890
Wilmington, N.C. 28407
Attn: Mr Jeff Richter
Ref: Application for permit to excavate/fill
Dear Mr. Richter:
EDSEL WAFF 919/482.2954
Pr.sident
AL WAFF 919/482.8184
Vicst Pros.
PAUL WAFF 919/482.3347
Sec.-Tr*s.
Estimator E,iyine.r
MAURICE WAFF 919/482.4066
REGULATORY BRANCH
.OCT It 1935
Please find enclosed the permit application for the construction of
a boat basin and access channel. The boat basin and access channel
will serve as a barge loading/unloading facility for various marine
construction projects undertaken by Waff Contracting Inc.. Because of
the shallow water depth of the Chowan River,dredging will be required.
All dredging will be accomplished by clamshell and transported to the
fill and/or disposal sites as indicated on the permit application.
The area on drawing #2 that is shown as "exempted from the fill permit"
was designated as being suitable to allow the placement of fill material
on it as a result of your visit to the construction site on 11 September
1985.
Should there be any questions regarding this permit application, please
do not hesitate to call me.
We thank you for your prompt attention to this application and look
forward to working with you on this project.
Sincerely,
Waff Contracting Inc.
-Iz? 6A..(L
Patrick Wemple
Enclosures
1
SPECIALIZING IN
WAFF CONTRACTING INC.
P.O. BOX 237 • EDENTON, N.C. 27932
•BULKHEADING 'PILE DRIVING 'CRANE RIGGING 'GENERAL CONSTRUCTION 'MARINE CONSTRUCTION
WAFF CONTRACTING INC.
P.O. BOX 237 • EDENTON, N.C. 27932
October 17, 1985
J. Ralph McFayden
Upchurch Milling Storage Company
Route 1, Box 160
Ellerbee, NC 28338
Dear Sir:
EDSEL WAFF 919/462.2954
President
AL WAFF 919/482.8184
Vice Pre s.
PAUL WAFF 919/482.3347
Sec Tres.
Estimator Engineer
MAURICE WAFF 919/482.4066
Please find attached a copy of the permit application for the
construction of a boat basin and access channel to be used by Waff
Contracting, Inc., as a barge loading/unloading facility.
A copy of this application is being sent to you in satisfaction
of state, law requiring the applicant to notify all adjacent riparian
land owners of his proposed intentions.
Sincerely,
Patrick J. e
W mple
PJW/rnh
cc Waff Bros., Inc.
1
SPECIALIZING IN
eBULKHEADING ePILE DRIVING *CRANE RIGGING eGENERAL CONSTRUCTION *MARINE CONSTRUCTION
WAFF CONTRACTING INC.
P.O. BOX 237 • EDENTON, N.C. 27932
October 17, 1985
Waff Bros., Inc.
P.O. Box 237
Edenton, NC 27932
Dear Sir:
EDSEL WAFF 919/482.2954
President
AL WAFF 919/482.8184
Vice Pres.
PAUL WAFF 919/482.2947
5ec.•Tres.
Estimator Engineer
MAURICE WAFF 919/482.4066
Please find attached a copy of the permit application for
the construction of a boat basin and access channel to be used by
Waff Contracting, Inc., as a barge loading/unloading facility.
A copy of this application is being sent to you in satisfaction
of state law requiring the applicant to notify all adjacent riparian
land owners of his proposed intentions.
Sincerely,
Patriok J. Wemple
PJW/rnh
cc J. Ralph McFayden
Upchurch Milling Storage Company
SPECIALIZING IN
"BULKHEADING "PILE DRIVING "CRANE RIGGING "GENERAL CONSTRUCTION "MARINE CONSTRUCTION
[ R
APTI.ICATION
FOR
PERMIT TO EXCAVATE ANO/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Dgartmast of dw Arwry
DAatttwet of Adrnlnbtratlon state of North Carsllna ps of (GS 146-12) Daoartnrant of Natunl.Ite"Utcee and Community Davelopnent C3o3rC R 209.31 329)teMsiw Otwfct
IGS 1.13 229, 14Y213.31a)11), 143.215.3(c), 113A•1111
P1ew type or print and fill in all blanks. If information it not 11001"ble, so indicate by dackill N/A In blank,
1. Applicant Information
A. Name WAFF CONTRACTING.
Last First Middle
8. Address P.O. BOX 237 4--
Street, P. O. Box or Route
EDENTON, N.C. 27932 919-482-7071
Citv or Town State Zip Code Phone
11. Location of Proposed Proiect:
A. County CHOWAN
1, City, town, community or landmark NEAR EDENTON N E OF CHOWAN RIV
ER & I.S. HWYi17 BRIDC
2. Is proposed work within c1tY limh'' Yes No X CHOWAN RIVER
r to project
of wat
d
d b
e
o
y
C. Creek, river, sound or bay upof) which project is located or nearest name
Ill. Dwription of Project
CONSTRUCT BASIN,
k
N
ACCESS CHANNEL, & JET-
ew wor
A. 1. Maintenance of existing project 2.
6. Purpose of excavation or fill
1. Access channel X length 7001 width 200' depth -? 1 NWL
Boat basin X length 600' width 120' depth .-? 12
2 NWL
.
3. Fill area X length 500 1 * width 120'* depth + 4
+ 4
15'
250'
Y NWL
NWL to-Nat. Bottom
depth
width
length
4. Other JETT
C. 1. Bulkhead length _ Average distance waterward of MHW (shorehnel
2. Type of bulkhead construction (material) -
Excavated material (total for project)
0
.
1. Cubic yards 57, 450 2. Type of material sand w/overlay of vegetation
E. Fill material to be placed below MHW Isee also VI A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal'Ara, and Construction Equipment
A. Does the area to be excavated include any marshland, swamps or other wetland' Yes X No
B. Does the distin%al Arta include any marshland, swamps or other wetland' Yes No X
C. Disposal Ara HIGH GROUND ADJACENT TO SR 1204. SEE ACCOMPANYING LOCATION MAP
1. Location - --
2. Do you claim title in disposal area.' YES
0. Fill material s.,u,ce if till is to be irucscd in
E. How will excavated matcnal be entrapped and erounn Lontrulle0 RTLT FENCE AND SOD
F. Type of cqurpmcni to he used DRAGLINE/CLAMSHELL
G. Will marshland he crossed in transporting equipment to protect site? II yes, explain YES - TIMBER MATTING
WILL BE USED TO CROSS OVER, AND WORK OFF OF MARSHLAND. '
D& F41
Itov, 10/71
V. hwm d uro of ?reiKY Arse ( )
BOAT/BARGE BASIN FOR EQUIPMENT OWNED BY WAFF CONTRACTING, INC.
A. '1. Mvate ------
2. COWrnerticl
3. Hougng OewboR»nt or Industrial
4. Other
a 1. Lot sire(s) ..8 A G - J-
2. El vatlon of lot($) atsove magn high water + * NO 0.?,. Wad ?P V P 1
3. Soil type and trttture SAND WITH MUCK OVERBURDEN
a. Type of building facilities or structures
S. Sewage disposal and/or waste water treatment A. Existirm Planned
Q Doscribe NONE REQUIRED
6. (.and Classification (circle cane) OEVE LOP' 0 TRA:vSi rIUN M. COMMUNITY RURAL
CONSERVATION ATHLR (See CAMA Loca se Plan Syno0s)
VI. pertaining w Fill and Water Quality.
A. Does the proposed Protect a:+olve tht placement of fill materia?s helow r,,eo,0igh water? yell-NO
IL 1. Will any runoff or discharge enter adjacent waters as a result of prorect activity or planned uw of the
area following protect completion' Yes-So X
2 Type of discharge
3. Location of discharge
yll, pI+aentrate of shoreline erosion Iif known):
yll. ?bt prtssit numbers and iuue dales of previous Department of Army Corps of Ertgitseers a Stan periniq for
in pro*Iarea, itaoOicable: Tnlr, APRTI 1 THRU JUNE 30 IP_?NING
. &Ob of tittle required tq complou proifct.. I ONTINUING• BUT NOT DUR -
SEASON.
X its tddition t0 the completed application lom dw followinti items must be provided:
A. Attach a copy of the did (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 proper ty.
then forward a copy of the deed or other Instrument under which the owner claim. title plus written
permission from the owner to carry out the proiect on his land.
8. Attach an accurate work plat drawn to scale on 8Y, X 11" white parer (see instruction booklet for
details). Note: Original drawings preferred • only h,gh quality copies accepted.
C A copy of the application and plat must be served upon adiscent riparian landowners by tegistered or
certified mail or by purlication(G.S. 113.229 (d))Enter date served 0 R 7, 1985
D. List names and complete addresses of the riparian landowners with property adioining applicant's.
Such owners have 30 davs in which to submit comments to aeencies listed below.
WAFF BROS. INC. PO BOX 237 EDEN TON N.C. 27932
LANCASTER McFAYDEN & UPCHURCH RT. 1 BOX 160 ELLERBEE, N.C. 28338
X1. Certification requirement: I certify that to the best of my knowledp, the proposed activity complies
with the State of North Carolinais approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit isvied pursuant to this application will allow only the development'deseribed in this appli
cation and Plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, fillinL and land clearing.
= 'I.. 1111*
i0 X1"1.95
GATE
Aoolic is Signature
Da?a2 SEE REVERSE SIDE FOR MAILI"wG INSTRUCTIONS
PLEASE BE SURE THAT: - Both copies we convi w
- All btanits are fSlld In
- You haw sivied both COP M
If you hm vw questions Oft" WI YOW rerglatsal Mid offk&
Mail 12W COPY to.
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C. 28402
(Note: attach Corps transmittal letter)
Phone: 919/343.4631
AND
Mail one copy to your regiona, field office as indicated on the map below.
From north side of Pamlkas R1w/ M SUN Nste:
Washington Regional Office
Department of Natun;l Resosarm W Cots" Oreri ssnwlt
v 1502 North Market Sttwt
Washington, N. C. 27$89
Phone 919/946-"$1
Frnm south side of Pamlico River to Pender/Osdw Cansssty 111m:
0,vision of Marine Fisheries
Department of Natural Resources and Commwsity Dwdopsu t
p O. Box 769
Morehead City, N. C. 28557
Phone 919/726.7021
Fw Pender, New Hanover and Brunswick Counties-
Wilmington Regional Office
Department of Natural Resources and- Community Development
7225 Wrisrhtsv4.11e Avenue
Wilmington, N. C. 28403
Phone 919x62.3394
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WAFF CONTRACTING INC.
P.O. BOX 237 • EDENTON N.C. 27932
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STATION 6#25
SCALE. I I "x 40'
WAFF CONTRACTING INC.
P.O. BOX 237 • EDENTON, N.C. 27932
CRO55 SECTION SHEET
DRAWitJG N8 FOUR