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?! "• '` ? `*`A'1{',4_?
., acv*r• '4• •. ? ?? `al,k'' i i1 M'_ . , V;f
.• ?t `µ A, ?,1:A + V, .{3•: h?,?;, a aljb, /?.1?' ?';'c!•r. %? it .1
' s.ryll„ $•.t ;?T3' , ? f]! tf Q !?•I roR
? ? ,.?I' ? h rA •: ;NjW• ? + .','I T. I 1 .v!?w}h,ljx.x rt
I C 1 s(?yC •e A .,7t1?',ts?• 6 ., j I .??' I? 1
' .. ? ??,, +'? ` .. ,,,,, tt' 1 rT,? a P ? s /? • p - 1 • , . °Zt??'' I?a', w ,? r r,. ,.,.
J-I
• : f y+? . ?j0 1 ? r?? , ((? ?• r. 4 . l f y ? Q(v d 1 i` ?/ •' t * ;,? ?,? `,
. O 1 f . r sV? 514 1? i M.; ,?/ • OA. A « VI r ' ii
3 ' 1t1 ? ?wx iY,Es ? ` y Q ,p•s:; , ? ,- ? 9 ` { , ` ??
x ' > j w•? ? . ? I I
Itc
LLI
w
14.
V . , ` ,y? fi{ 1? , {r,- }'! ??'",yfiY,yt„6i F ,a; ?,? t N'•t ?? 1 1
• ? r , ?. F + ,:,r ?t} ??r ?,?I u ;. Mkt ?4????, !%? .? ti',:. r"? ? ?
?, ? - .gyp„ .>.4 s At?r>v. s„•^ ?..4. +?
a a ?. ; A'? c;.t 'i' f?" s ,?? t ., F r? mt t 11.. ., {V , ' '1,_ ,
. • .,l??,{?'?'fii? ???!? ' •c"'0 'f': 157,'/w'+????' wit "' i?j.? t ,r?? '
s: 1 b• }: `
VI)
` It?
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. See the
yep on the inside front cover for the appropriate
=.M office and addresses and phone number.
-Name _
Address
Name
tame _
Address
y f `6 yi.%S. b??/
r_>
14
i-tibr+
' - ?/f ?,.?{? Y jµ +y 4 • /''1 ? ? ? {f ''v < r ??•???yyyyyy}..I
X 1 . .:? 2?? •s ? ,;? •/ n of ??jt`?• ?'d •
.1., X •s t 'I - r Ctyr.t • ;ii Kt, =,t?i,? ? 7,.? e3 r"' ?
V •
? r#?? 1;?}Y"?+PF?Ij t ti, ? ?4 i '?? ? ?. ; ?A y?7a?•J? 3t ?fn a
? _ . , 'D'LO ! Fd• ?, ? ' - _ ?+ `"?"?*?''''? =?'?
? .. .. g ?yaz, _ ,? r. ? ? f:?,r _ _- t : • ? ? '? sue-
+
• • ! •+-? ~J. •. Q t = `Tt i ? ?` ?]`dj:?yC' lath' ?? • w i S"kk i{_
? ' • f ? /L + ? 1, yy.• ? . j. %r4 1 f - O ?.t ' , r C y, ¢r i? '
'o Da t rf' r .x?i?s W
' ? + .1 Y t• ? .:i' ?•s OR 111.
57.
t7- G
ri-
= t .06/jam
w
' - !. • ; (- yip 1. ? - s "` , ..
` 'V it •?fe??-{!•e'i,1?y t / ?F<? ,??K• .y?? C?? -??'? ? ? ? ?t ??
S ; ; I
y1 _' •/1 ? T ' •'Y'tf ?3 ?• •, /L. v-?O -f?. ? i:a'?•?! -/ ??F{? }• ? -
1 't
r, ?\ ? - ,?• ? ?•2}?? . z ?` ? fir- ,•< : ? ?> .. . -. - ,.;
k'
N
Y S.
C?l
00
tY
Y ?na
1
v
??ST\
\C .
_s
Z?
1
Pr:
{
o W 2 A ,? v?
< 2 J
J 7-
o
P7.
o I