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HomeMy WebLinkAbout19870171 Ver 1_COMPLETE FILE_19871102IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P-0- BOX ,890 "VILMINGTON. NORTH CAROUN.4 28'-02-18790 October 27, 1987 SUBJECT: File No. SAWC088-N-048-0020 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: NOv o 2 1987 WNTER QUAL fy i? OPER/W Reference the application of Ms. Florence Martin, represented by Mr. Timothy Ara-Oelschlegel, for a Department of the Army permit to construct and backfill a bulkhead arld construct a breakwater structure on a manmade canal off Pamlico Sound, near Ocracoke, Hyde County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead and breakwater structures will be constructed on alignments in strict accordance with.:pezrwit plans. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. c. The fill material will be clean-and free of any pollutants except; in trace quantities. -Metal products, organic materials, or unsightly debris will not be used. d. Vegetated wetlands will not be excavated or filled. e. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of A 4 -2- construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 RM's or less are not considered significant. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: Mr. William Hills Water Quality Section _vision of Environmental 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. Dave Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S.,Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 i I ?. DEPARTMENT OF THE ARMY t WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 284 0 2-1 890 IN REPLY REFER TO December 3, 1987 Regulatory Branch SUBJECT: File No. SAWC088-N-048-0020 Ms. Florence Martin c/o Mr. Timothy Arn-Oelschlegel Post Office Boox 366 Ocracoke, North Carolina 27960 Dear Ms. Martin: N P ` , ..?. Reference your application for a Department of the Army permit to construct and backfill a bulkhead and construct a breakwater structure on a manmade canal off Pamlico Sound, near Ocracoke, Hyde County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC08-0- 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 Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and EstuarineBranch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 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 iis. Ann Miller State Property Section North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 Mr. John Parketr Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Dave Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 Mr. William Mills Water Quality Section 9 .Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 ------------ - • ? •?Y ? It i ?? / fL I ? • ? 1? • ? ,ry,; - -'• .jJ??y :T ? ?i "d Ki •?Xc 1 t 1 _ Vii. ? j?yJ .l ' •? - 1 .1?,i 1 a.t ?• `ji. Fc k?;,7. ?f? 1 .r j' 44- t f ':• : .; -yi• a ,} c:, 7 [` cl: y4 tr fly, • Q ? ? > . - _ Z _? ? , ?' t :h«i!o!_ ? -? `+ h, • ? ? ,'? ? r r to •? Cr.-tom' ss 0?? IN iy '4j 1 t ?• Oa - "- phi ? ? „? ? f,..r - L_ d, ,.; •. 2 b?'?J?i?, ?. o - ? .•?j nth ? =? _ ? ? ` ' - i n ? ?1 w ?P, r LJ rY car o a w <? r °?? Za" L'j x v? ?•r =f LIT 1-4 w • ;?' y- ? -psi ? _" r! ?- W ? . ! , ?_ l! - ? i . ' ? ? r F??? • ??}• ,-??f ? : ? 141"-?Jik9? -.?5: ? .. .. . i ' r ll J - " t ?' nth , `'? • ;t4 - r ;?.? . , . -U r',t. L tJ t_. ? ?F r + _ ? _/\\O • ?' iQJ ?. ? : t? ?n3 fti'{ war. ,?? -. ` ` r by- + t OF _ DATE DATE sir 3 pcf 4- 1 JV f ? t 1 f c? III I ?? " 4- 1 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION t Comments concerning an applications for State Federal C Permit(s) from ,- le E . I ?., • .. _k- ?r ! r,? it ? { 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 SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT T y NI<Di'iTA 1)I-:'C:AMA/401 FBI:::V DATE 10/21/8-,;' ACTION > ADD FILE > I) CAMA4()i FISWD > 1-(:RMAT > NRDF'C:AMA NEXT IRCID > 0030 r1 (:: T':CC)N :::: ADD, E-NTl'.-R DATA, (5T)C)I:: :T) :1:;S',' 00301 F* 1:;'D T. Pi T o 1::'R(*),.):;::: VIAF?T IN , F I...(RF? :14Cl1:: C.0UNT y : Fl Y'T. F. F*;I::C* T,0i-l : r G' N T:::.1') T• (,.) : W ,J t i .! t:) a: N T N C) T• 'F C; I:::: N T Y I::' (::: Cl F. Fi (= :L (: Al" a: C N-- Fk E:: (:; (:)iii M 1::: N t) (1 T a: t:) N i; r'1 T F:: , Y Y R°i hi)) T) 4C)A F,N : 4i•)1 1=i1:_Q 1I:::: Y F;1::: C. F.., 1:7 1) C:fa?Ir'a (:)NR ...Y: GC: Xs1.)R_.l?1IIwAX)S D(:::NY: a:N-TIAL_ fii:_1'OF?T DF'/CAMA : Y GC; HOLD: FINAL_ RE:F'OF-;T• : ;:1°; 1021 RECEIVING STREAM : UT-•F'AMl._ICO SOUND t.I...ASS: SA BASIN: TAR C(.')MM1=:NT, SITE LOCA'T'ED AT S 0UN1) Sl-40 R E S 9UB1)IV19 ON AT 0CF?ACl 0 K I.' PROPOSAL_ TO CONSTRUCT 43 L..E fill-- WOODEN BULKHEAD AND 152 I...F (:lf° WOODEN BRIEA K WATT: COPIES: WARD-•(:L::NTI:AL-Mll_L.S--(-TRI'l- IN RECEIVCr) OCT 2 2 1987 WAttn QUALITY SECTIOAI OPERATIONS SRANCt i MEMORANDUM 107 TO: BILL MOORE " FROM: David R. Griffin SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE.AND FILL PERMIT DATE: October 12, 1987 Attached is an application by FLORENCE I'lARTIN C/O TIM ARN-OELSCHLAGEL which was received by me on 914/87 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. • 'r t MEMORANDUM TO: BILL MOORE x;? ?CT?rI?<•G i FROM: David R. Griffin SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE.AND FILL PERMIT DATE: October 12, 1987 Attached is an application by FLORENCE MARTIN C/O TIM ARN-OELSCHLAGEL which was received by me on 914/87 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. Lat. 35" 7' OFFICE OF COASTAL MANAGEMENT Long. 750 58' 21" FIELD INVESTIGATION REPORT 1. Applicant's name FLORENCE MARTIN/c/o TIM ARN-OELSCHLAGEL 2. Location of project site man made canal off of Pamlico Sound at Ocracoke 84 series #148-370 12-0 3. Investigation type: Dredge & Fill X CAM X 4. Investigation procedure: (A) Dates of site visit 8/12/87 (B) Was applicant present yes 5. Processing Procedure! Application received 9/4/87 OfficeElizabeth City 6. Site description: (A) Local Land Use Plan Hype _ Land classification from L transition Development constraints identified in LUP none (B) AEC(s) involved: Ocean hazard _ Estuarine shoreline X Coastal wetlands` X - Public trust waters X Estuarine waters X Other 7. (C) Water dependent: Yes NO X Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing septic- tank- and drain field____ Planned none (F) Type of structures: Existing single family-residence Planned bulkhead and breakwater (G) Estimated annual rate of erosion _2-4 ft. Source applicant Habitat description: AREA (A) Vegetated wetlands: _Dr _e cue i le Other (B) Non-vegetated wetlands: Shallow water 8. (C) Uther: "404" wetlands 100 sq. ft. (D) Total area disturbed: 186 square feet. Project summary The applicant proposes to construct a bulkhead and breakwater to abate erosion from boat wake at his property on a man made canal off of the Pamlico Sound in Ocracoke. 86 sq. ft. FLORENCE MARTIN C/O TIM ARN-OEL3CHLAGEL QIO REPORT PAGE 2 SITE DESCRIPTION The applicant owns a single family residence in Sound Shores Subdivision on a canal off of Pamlico Sound in Ocracoke, %C. The residence is serviced by a septic tank and drain field. The highground slopes towards the canal and is vegetated by a mix of live oaks, cedars, smilax, sawgrass and black needlerush. The adjacent property to the south is bulkheaded and the property to the north is not. The applicant proposes to stabilize his shoreline to prevent continued erosion from boat wake. The first 43 feet of shoreline from the south property line is vegetated with live oaks, sawgrass, virginia creeper, smilax, yaupon and Iva to the water's edge and the applicant proposes to construct a bulkhead along this portion which will average two feet waterward of M11W. The remaining 152 feet of shoreline supports white cedar, smilax, sawgrass, black needlerush, virginia creeper and S. patens. The applicant proposes to construct a breakwater in front of this portion of the shoreline to break the boat wakes and reduce erosion. This breakwater will average 2 feet waterward of the "AWL and no backfill will be placed here. ANTICIPATED IMPACTS The proposed project will result in some elevated turbidity levels but they should be short-termed and localized. Approximately 86 square feet of shallow water habitat will be filled. No marsh grass areas will be filled; approximately 100 square feet of "404" wetlands will be filled. CAMA REVIEW The proposal is consistent with the transition classification in the Hyde County LUP. Submitted by: David R. Griffin Date: October 12, 1987 Please type or print. Carefully dwAibo add` Iua?` ticipated development activiti" _bKl tion, excavation, filling, paving,.W stormwater control. If the requested not relevant to your project, writeh+ plicable). Items 1.4 and 8.9 mY4 b A 7-71 all projects. a. Name Address 6o x.' . ?? G 1 City g r a G.AtL State ' Zip 2 k4die Day photle Landowner or b. Project ngne (if gny) c. If the applicant is not the the owner's name and w 1 ; {A ?7?eL X .l/ "w ^r the planned use of the project. " F ,, a. Size of entire tract Size of individual lot(s) c. Elevation of tract above mean sea level or Na- ?t tional Geodetic Vertical Datum !J? I_ Soil type(s) an texture(s) of tract a l C' Vegetation on tract `7 I a. Street add ss or secondary road number ?1 b. City, town, cc-itin ?? .. . ., now on tract ....r Atig What is the CAMA Land Use Plan Classifica- tion of the site? (Consult, the local land use plan) Conservation _ Transitional ..,..._ Developed Community Rural Other How is the t VDned by local government? How are adjacent waters classified? Has a professional archaeologicasurvey been carried out for the tract? If so, by whom? C. County ` 9019- d. Is proposed work withi Fity.l,mi o; P?9 jurisdiction? e: Name of body of water nearest project Complete this section if the Project includes an 3 a. b. Describe all development activities you propose (for example, building a home, motelt,ti"_, bulkhead, or pier).,, r? . If you plan to build a and attach Form Is the proposed achy', fisting project, new 1~ c. Will the pro14q commercial use? -f upland development. y a. Type and number of buildit , facilities, or strictures proposed b. C. Number of lots or parcels _ Density (Give the number of resi a tad units and the units per acre.) of area to be graded or If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land 4,turbing activity begins. If applicable, has a lgdimentation and erosion control Ian been Om*W to the Division of esources? Give the percentage of the tract within ?S feet :.Of mean high water to be covered by - pernuable surfaces, such as paveme buildings, or rooftops. g• List-the materials, such-as-marl, + Paver s ,?1 _ 1, b. Amount' of material to be excavated from' asphalt, or concrete, to be u :?. below water limvel in" cubic yards surfaces. r aF ' c Type of material a.. Does . the area to be excavated include marsh h. If applicable, has a stonuw& tp land, swamps, or other wetlands? 77 plan been submitted ta? tl?e High ground excavation, in cubic yards vironmental Management? f. Dimensions of spoil disposal area i. Describe proposed sewage ii`p+ z k Location of spoil disposal area water treatment facilities: " Zia: ,,,.p„ry,..,? h. Do you claim title to the disposal area? TIM j. Have these facilities recei state Q;.local If not, attach a. letter granting permission from approval? ` the owner. 46 k. Describe existing treatment facilities..ya ' i,• Will a disposal area be available for future maintenance?t If so, where? j, Doeo the disposal area include any mars la d, 1. Describe location and type of cliicchatges to F. swamplland,lor water areas? waters of the state (for examplepsutfa? n k. Will the fill material be placed below sanitary wastewater, industria!/comaa y b s ,j high water? effluent, or "wash down" ). ' - t , 1 Amount of fill in cubic yards Ra r tr4: Type of fill material .ni Source of fill material m. Water supply source q,, Will fill material beplaced on marsh or other n. If the project is oceat*o velopttgnt, wetlands? describe the steps that will be taken to p; Dimensions of the wetland to be filled tain established public beach acsepways- At , How will excavated or fill material be F on VW_ vide new access. `site and erosion controlled? o. If the project is on the oceanfront, what will r. What type of construction equipment wil be be the elevation above mean a 1xel -of the used (for example, dragline, backhoe, or first habitable floor? hydraulic dredge)? AIIA 6" V f < " s. Will wetlands be crossed in transporting equip- "' ment to the project site? If yes, explain the steps that will be taken to 1 sen en- a. Describe below the purpose of proposed xcava., vironmental impacts. tion or fill activities (excluding bulkhe. which are covered in Section ?) AV. Length . Width ?. Access channel (MLW) or (NWL) " Boat basin " t tom` • , < , ?. hength of bulkhead a "`"°rrar? Other (break- '_ crne distance waterward of mean high water water' pier, ?or normal water level '_I f ' boat ramp S re l'uteerosion during preceding 12 months, , rock jett ) r 4 ` ° X y ., r ` " 'Type of bulkhead material 2.6' Fill pl aced in c ?,?' ; ?unt of fill, in cubic y. rds, to be placed wetland or below below mean high water MHW rte' ?r : Type of f fill maternal Upland fill ?Y; t rx area s 2 In addition to the completed application fonq, d* following items must be submitted; A copy of the deed (with state application' only).ot ' other instrument under which the applicant :claims title to the affected property. If the applicant is 1 : X. claiming to be the owner of said. property, then fore ward a copy of the deed or other instrument under , which the owner claims title, plus written pemkis- sion from the owner to carry out the project... An accurate work plat (including plan view end' cross sectional drawings) drawn to scale in. blKk ink on 8 V2 x 11 white paper. (Refer to Coastal. Resources Commission Rule 7j.0203 for detailed. ' description.) Please note that original drawings an preferw only high.quality copies will be accepted. W%W.4 prints or other larger plats are acceptable only high quality copies are provided by the applicant, (Contact the U.S. Army Corps of Engirmts re ing that afency's use of larger. drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stor ater management plan, if applicable, that m ave been developed in consultation with the ivision of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners: These individuals have -30 days in which to..§,ubmr-_cm- ments on the proposed project to the Division o Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- diti,i a copy of the permit application to them' by? registered or certified mail. This notificationJs- red by G.S. 113.229(d). Name Address 9 Name Address 77. Name a A;idress ?" ? a x lT E??'?k A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statem on the use of public funds. If the pro' involves the expenditure of public funds, at- a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). n Any permit issued in response to this applition will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management P?6grarn and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with ' evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the day of 19'R .4- X _ i } t.rido er or Auth rized agent d the completed application materials to the 4 Division of Coastal Management Office nearest you M and the U.S. Army Corps of Engineers. See the k -+P on the inside front cover for the appropriate DCM office and addresses and phone number. 1 - 3 _, 0 rt , , a..' 1,?,` 'A{', ?? l??iti ?r 4 i?! 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Af.lT'iS'+t?? •"t , / i?rX: t d??tt,L7'YS/?,: ,.t' ' I l.l•F tl "j+?06: ;Q,•k ! .:? ? ,r • ?` f'sj.{;i " ,'j'' '? ' ?i, ,?'M?j. : Y,"[ ?+' y ? .,ub f'• ? yi. 7 ? + 4 jj" 40 Al. ' w? h 5-•.4.. .T? F .J Y!i:Rr 4. '? ,t'r '1 i?i4 ?• 1 r - ` 4? - 71 f A 444"' ROB 19 ?r f; .P W a ?z s I.? 1 00, S r Q? on .? C4 _boa r ? IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY V!LMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 October 15, 1987 SUBJECT: File No. SAWC088-N-048-0020 Ms. Florence Martin c/o Mr. Timothy Arn-Oelschlegel Post Office Box 366 Ocracoke, North Carolina 27960 Dear Ms. Martin: 0('°r g cr7 Wk ; nn OPERP.VONS drrr,ttJ,^ti a.. , Reference your .August 15, 1987 application for Department of the Army authorization to construct'and backfill a bulkhead and erect a breakwater structure on a manmade canal off Pamlico Sound, near Ocracoke, in Hyda County, North Carolina. Also, reference our September 8, 1987„ letter to you regarding our general permit for activities in manmade canals and basins. A recent onsite inspection of your property has led us to determine that your proposal cannot be authorized by our general permit for work in manmade canals and basins. However, your project is a candidate for Federal authorization pursuant to our general permit No. 8AWC080-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. 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 -2- e assigned No. SAWC088-N-048-0020 and will be coordinated by Ms. Alison Arnold. She is available to address questions or comments you may have at telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): 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 Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation-Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Dave Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North.'Carolina 27909 ........... Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 15, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC088-N-048-0020 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 Dear Mr. Mills: RECEIVEOCT 1 9 1987 WATER QUALITY G SECTION PERATIONS BRANCH Enclosed is the application of Ms. Florence.Ma.rtin for a Department of the Army permit and a State Water 'NaYlty Certification to construct and backfill a bulkhead and to erect a breakwater structure on a manmade canal off Pamlico Sound, near Ocracoke, in Hyde 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 15, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Char s W. Hollis hief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): 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. Dave Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 yo y G��wca�� N -o yS-da�o� struc Copies Furnished(witbout enclosure)*- State or North Carolina Department or NAW: ral Resources and Community DevelgrMnt .3' M), Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 2761, James G. Martin, Governor F David W. Owens S. Thomas Rhodes, Secretary. Field Servi ces- Director-- 108 South Water Street Elizabeth City, N.C. 27909 (919) 338-1558 September 1, 1987 Mr. Timothy Arn-Oelschlegel Post Office Box 366 Ocracoke, North Carolina 27960 Dear Mr. Arn-Oelschlegel: The Division Of Coastal Management hereby acknowledges receipt of your appli- cation for State permits to develop property at Ocracoke in Hyde County, N.C. We have been coordinatlrtg our initial permit review with the Army Corps of Engineers and have found that your d-pplication lacks information necessary to consider it complete under Coastal Management regulations. In order to have a complete appli- cation necessary for us to begin processing, you should submit the following item: We have, received a signed letter stating that Dr. Shabb has no objections to the proposal you submitted to our office. We have not received either a signed statement or cer,_.ified mail receipt to indicate that the Wardlow's have been notified. Once we. have received this additional information, you will be notified of acceptance of your application as complete, or if further clarification of your request is required. Sincerely, ,eor H. Wood FIELD REPRESENTATIVE GHW:yl cc: Preston Pate, DCM ? COE Eddie Cahoon, LPO File RO. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer Vic, . YX t? ?, r z Pl. p83 /87 3 fi 11 G ?XX q e a? ?v • GGS 11 _ . VC, %v"; S t? .. ? GG• l`? ?o Lti 4c? . 0? 00 X99 1 1 e??g. ? ?cl? of veo CFos bye E'k'e ?a`e 's?t$ ZO ° °?F??? Poc #: e Cap "+? ?-? ' Q -eJ? of `re ?G?•r?? 0 of Cam' oc'41 ?, !` cQs of rt y Alm -No i t s T`ww r ? ? f, • Please type or print. Carefully (dk%c ells V dbe the planned use of the project. ticipated development activity' tion, excavation, filling, pavirig;'Ian&di- ' w -73 ANO 934y3 ar,> off' stormwater control. If the requested not relevant to our ro ect plicable). Items 14 and 89 tutu ? s all projects. r =' __ ,?,, ,Sine of 'cat re,.tract •.: ;L__ ?` .. ?' -.??:???fidividual .lotja) 2,S?? •? a Address k >z a` 'Elevation of aract above mean 'sea :level or N ?'. "dional : Geodetic Vertical Datum City 4q!9aldfOC 5ratr< s ?'' - , Soil type(s) and texture(s) of tract Zip 2'?46E? !j}ay Landowner of;_e t e. Vegetation n tract b. Project a (if f.' Man, ?ade? ea now'on tract' c. If the applicant is not the owner's name aru .What is a CA1viA Lan Use Plan Classiflca. r ,: don;of the site? (Consult the local land use - ?-; }, plan:) .. . • :., Conservation Transitional k Developed Community Rural Other- h.- How -is the ct -zoned by local government? OARN x.i... How are adjacentwaters classified? -? a. Street =seconctary road ?.::_ Has a professional archaeological survey been ALd r carried out for the tractl b. City, town, community, -? ` If so, by whom? C. County d. Is proposed work within city. _1(t or p - jurisdiction? _ e.. Name of body of water n `t project Complete.-.this section if the project includes any upland development. a. Type. and number of buildi ,., , ., .. ?.. , farilities° or 3.: structures proposed ,f'-:.. •• may. b. Number of lots or parcels a. Describe all development activities you propose c.' "Density (Give the number of resi a ial units (for example, budding: a home, motel, marina,- and the units per acre.) bulkhead, or pier). s? ? { d Size of area to be graded or disturbed If-the proposed project will disturb more than E one acre of land, the Division of Land If ,.you plan to build a- Resources must receive an erosion and sedimen and ac' Form' Cation control plan at least 30 days before land b. Is the proposed auiy1tg disturbing: activity begins. If applicable, has a isting project, new -sedimentation and erosion control tan been e teed to the Division of La esources? C. Will the project bei~.... commercial use? Qiver the percentage of the tract within 75 feet ?meawhigh water to be coveted by - permeable surfaces, such e as pavem ?? buildings; or rooftops. i ww' g. List the materials, such as marl, paver, stone, b. Amount of material to be excavated from asphalt, or concrete, to be used. fnr paved--''--'. below water level in cubic yards_ surfaces. c. Type of material f ={ cl: Does-the area to be excavated include marsh h. If applicable, has a stormwater manes ' land, swamps, or other wetlandsl plan been submitted 6' " ; e.. High ground excavation, in cubic yards ITN' - olk ". vironmental Management? zw f. Dimensions of spoil disposal area i. Describe proposed sewage disposal r Y x Location of spoil disposal area water treatment facilities. Q Do you claim title to the disposal area? j. Have these facilities recei olri: y >`'s If not, attach a. letter granting perniission from approvall the owner k. Describe existing treathefit facili Will a' disposal area be available for mire 'A iA s y ;maintenance?? a n - u.. If' rel Does the disposal area includek- any mars l d,.,.., h 1. Describe location and type svvampYand,'or water areas? waters of the state (fqr'- a r ` ?.f k Will-the fill material be placed below: sanitary wastewater, irur?cc? high water?.. t4 u ?nl effluent, or . "wash do Amount of fill in cubic yards 'm: Type of fill material { n Source of fill material m. Water supply source4 Will fill material be placed on marsh or other m a n. If the project is oceanfront, olopnnent, wetlands? describe the steps that will be taken, to gri Dimensions of the wetland to be filled tain established public beach accesswayaxoc pta?- q? How, will excavated or fill material be ept on . vide new access. site and erosion controlled? _ o. If the project is on the oceanfront, what will.l r. What type of-construction equipment wil be be the elevation aboyefaean ea level of the used (for example, dragline, backhoe, or first habitable floor?` hydraulic dredge)? s. Will wetlands be crossed in transporting equip- ment to the project site? - If yes, explain the steps that will be taken to 1 ssen eft a. Describe below the purpose of proposed excava vironmental impacts. tion or fill activities (excluding bulkh which are covered in Section'?).- . . ,w Length Width Access channel (MLW) or (NWL) m Boat basin ti , < h + ,8 Ri of bulkhead o* a rsi , Len Average distance waterward of mean,. high water Other (break- or ` nomal water level water, pier, 2 F9' . Shorelineerosion during preceding 12 months, boat ramp, rock jam,) t ficet of bulkhead material Atnourtt of fill, in cubic y rds to be placed Fill placed in below mean high water -(o wetland or below Type of fill material -%- iviesW }-"gdje Upland fill areas zt ! ?.. ijlt# 2 v"14 , . t A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. In addition to the completed application form,,;the following items must be submittedt A copy of the deed (with state application only;-- A check for $100 made payable to the Depart- other instrument under which the applicant merit of Natural Resources and Community t s title to the affected .property. If the appUcant`i= 'Development to cover the costs of processing the Y t claiming to be the owner of said ptoparty tliett fos% ? ' -application. ward a copy of the deed or other instrument uri` which the owner claims title, plus writtet? pet'lnie- A signed AEC hazard notice for projects in ocean- sion. from the ov;ner to carry out the project,, front and inlet areas. An accurate work plat (including plan view and A statem on the use of public funds. If the cross sectional drawings) drawn to scale in black: `f :.pro' involves the expenditure of public funds, at- ink on 8 V2 x 11 white paper. (Refer to Coastal 3 a statement documenting compliance with the Resources Commission Rule 7j.0203 for a'detaihd __ , . .. orth Carolina Environmental Policy Act description.) (N.C.G.S. 113A-1 to 10). Please note that original drawings are prefeu160,4 > 4 1 1 only high quality copies will be _acceped. ` Blue-lit go- -1 prints or other larger plats are acceptable"only high quality copies are provided by the ttpplicAt?t4 i?? 'u, - (Contact the U.S. Army Corps of Engineers iegardR Any permit issued in response to this application ? ing that agency's use of larger drawingsA site or will allow only the development described in the location map is a part of plat requirements and it application. The project will be subject to condi- must be sufficiently detailed to guide agency per- tions and restrictions contained in the permit. sonnet unfamiliar with the area to the site. Include " county road (SR) numbers; landmarks, and the like. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North A stor ater management plan, if applicable, that Carolina's approved Coastal Management Program m ave been developed in consultation with the and will be conducted in a manner consistent with ivision of Environmental Management. such program. A list of the names and complete addresses of,the . ad,acent..waterfront (riparian) landowners. These individuals_have-3a-day?in-which fo-?? it roni,_ ments-6 the proposed project to the Division o Z"Coastal Management. The applicant must advise j' the adjacent landowners of this opportunity by sen dingy, a copy of the permit application to them by registered or certified mail. This notification ' ??quLred by G.S.113-229(d). I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal-review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap plication and follow-up monitoring of project. This is the day of 19.Sd?? X / Lando er or Aut rized agent `fiend the completed application materials to the Division of Coastal Management Office nearest you the U.S. Army Corps of Engineers. 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