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HomeMy WebLinkAbout19870183 Ver 1_COMPLETE FILE_19871123IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 November 19, 1987 SUBJECT: File No. SAWC087-N-025-0403 Ms. Mattie McLemore 365 Half Moon Road New Bern, North Carolina 28560 Dear Ms. McLemore: ON n ,!r ,) O 1/ 2 3), liAI 1 { ;;;r Fit) . By copy of North Carolina Department of Natural Resources and Community Development letter to you of November 12, 1987, we have been informed that your application for State authorization to place fill material in wooded wetlands and waters of Harris Canal off the Neuse Riveer to construct a roadway, in Bridgeton, Craven County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army application is hereby denied, and your file has been retired. Additionally, we received unfavorable comments from the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and the U.S.- Environmental Protection Agency (copies enclosed). The reaction of .these agencies to your proposal is the result of anticipated significant adverse impacts. I have provided these comments to alert you to concerns in addition to those identified in the State's denial letter. While appealing the State permit is the next step in pursuing State authorization, you should be aware that Federal agency comments will be unchanged by the outcome of that appeal. Because of the Federal agencies' influence on Department of the Army permit decisions, it is unlikely a Department of the Army permit would be available unless your project can be modified to lessen its impacts. Mr. David Baker of my staff is available to answer any questions you may have or to assist you in developing a revised plan. He may be reached at telephone (919) 343-4642. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Paul W. Woodbury Colonel, Corps of Engineers District Engineer i Enclosures -2- 01-11 ti Copies Furnished (without enclosures): 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. 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. William Mills Water Quality Section ivision 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 Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Certified Mail Return Receipt Requested Ms. Mattie E. McLemore 365 Half Moon Road New Bern, NC 28560 Dear Ms. McLemore: This letter is in response to your request for a permit under the Coastal Area Management Act and State Dredge and Fill Law to construct an access road to your property on the Neuse River and Harris Branch near Bridgeton, N. C. Processing of your application, which was accepted as complete on July 22, 1987, and required extended review on October 5, 1987, is now complete. Based on this review, including onsite investigation by State and Federal agencies, the Division of Coastal Management has made the following findings: (1) Construction of the road will result in the direct loss of approximately 2000 square feet of coastal marsh and 1860 square feet of forested wetlands. These areas provide food, habitat, and water quality maintenance functions that are vital for continued fishery production in nearby waters. Additionally, construction of the roadway will cause an un- determined amount of wetlands landward of the road to be partially impounded, thereby altering the hydrology of the wetland areas; (2) The activity is non-water dependent; (3) Alternatives exist that would be less environmentally damaging. Use of Mr. Robert Lee's existing driveway along the south side of your property would require little or no fill of wetlands. Other options include bridging over the wet- lands or selecting an alternate route with less involve- ment of wetlands; PO. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 V to NYC O ti VP QI?..?•?• State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street e Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary November 12, 1987 Director Y Ms. Mattie E. McLemore Page 2 November 12, 1987 (4) The project, as proposed, is inconsistent with the following partial listing of State Guidelines for Areas of Environmental Concern (AECs): (a) 15 NCAC 7H .0205(c). Management Objectives (for coastal wetlands). This requires projects to give highest priority to the protection and management of coastal wetlands so as to safeguard and perpetuate their bio- logical, social, economic and aesthetic values; to coordinate and establish a management system capable of conserving and utilizing coastal wetlands as a natural resource essential to the functioning of the entire estuarine system; (b) 15 NCAC 7H.0205(d). Use Standards (for coastal wet- lands). Suitable land uses shall be those consistant with the management objectives for coastal wetlands. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Unaccep- table land uses may include, but would not be limited to the following examples: residences, parking lots and private roads and highways; (c) 15 NCAC 7H.0208(a)(1). Uses which are not water de- pendent will not be permitted in coastal wetlands, estuarine waters and public trust waters. Residences, apartments, private roads and parking lots are examples of uses that are not water dependent; (d) 15 NCAC 7H.0208(a)(2)(A). The location, design and need for development, as well as construction activities involved must be consistent with the stated manage- ment objective; (e) 15 NCAC 7H.0208(a)(2)(B). This standard requires that there be no suitable alternative outside of the AEC for the project and that the applicant select a com- bination of sites and design that will have a mini- mum adverse impact upon coastal marshland, and spawning and nursery areas; and, (f) 15 NCAC 7H.0208(a)(2)(F). Development shall not create stagnant water bodies. k- J Ms. Mattie E. McLemore Page 3 November 12, 1987 Given the foregoing findings, it is necessary that your request for a permit under the Coastal Area Management Act and the State Dredge and Fill Law be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which provides for permit denial upon finding a significant adverse impact on estuarine resources, G. S. 113A-120(2), which requires CAMA permit denial when the project is found to be inconsistent with the State Dredge and Fill Law, and G. S. 113A-120(8), which requires denial of projects inconsistent with the State Guidelines for Areas of Environmental Concern. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. 0. Drawer 11666, Raleigh, N. C. 27604, within twenty days of receipt of this letter. A copy of the petition should be filed with this office. Also, you should be advised that as long as this State permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning the appeal procedure, please contact Mr. John Parker at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611. Sincerely, 'David W. Owens DWO/aw cc: Mr. Peter Tweedt, Director U.S. Department of Commerce, OCRM Washington, D. C. Colonel Paul W. Woodbury Corps of Engineers Wilmington, NC {:1Y Regulatory Branch DEPARTMENT OF THE ARMY 410LY NGTON CaSTP,S7.'_DRPS OF ENG`+EEF? ?0_1.0NG7ON . NC HC..RG:..?Na November 3, 1987 SUBJECT: File No. SAWCO87-N-025-0403 !-Ir. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Develo=ment Post Office Box 277687 Raleigh, North Carolina 27611-7687 Dear `fir. Parker: RECEIVED NOV 10 1987 WATER QUALITY SECTION OPERATIONS BRANCH Reference the application of Ms. Mattie licLemore for a Department of the Army permit to place fill material in woode? wetlands and open waters of Harris Canal off the Neuse River to construct a roadway providing access to a private residence in Bridgeton, Craven County, North Carolina. The Federal agencies have completed reT ew of the proposal as presented by the application and your field investigation report. By letters of September 28 and September 33, 1987 (copies enclosed), the U.S. Fish and Wildlife Service and the Nation----' Karine Fisheries Service recommended that authorization not be provided because of the projected loss of wooded swamp and mixed fresh marsh and associated adverse effects on fish and wil?3lie resources. "is. Mc .emore should pursue the much less damaging alternative of accessing her property over adjacent high groumd. We agree with the recommendation of the Federal review agencies. Questions or comments may be addressed to 'ir. David Baher, telephone (919) 3 4642. Sincerely, Charles V. Collis Chien, Regulatory Branch ?rclosures -2- Copies Furnishted (without enclosures): Mr. William Kills Water Quality Section /Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Bag 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 Ms. 3everly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 24r. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Bog 769 Morehead City, North Carolina 23557 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 November 9, 1987 Director Ms. Mattie E. Mclemre 365 Half Moon Road New Bern, NC 28560 Subject: Certification Pursuant to Section 401 of the Federal clean water Act, Proposed Roadway Mattie E. McI,entore Unnamed Tributary to Neuse River Craven County Dear Ms. McIemore: Attached hereto are two (2) copies of Certification No. 2181 issued to Mattie E. Mclemore dated November 9, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. IV;ills For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA Craven 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 Mattie E. McLemore pursuant to an application filed on the 22nd day of July, 1987 to construct a roadway to access an area for residential construction. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a tributary to Neuse River in conjunction with the proposed roadway construction in craven 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 9th day of November, 1987. DIVISION OF ENVIRONMENTAL MA 4AGEMENT Original Signed By William C. miffs For R. Paul Wilms, Director WQC# 2181 0 ... SfATf u? 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. Raul Wilms S. Thomas Rhodes, Secretary November 9, 1987 Director Ms. Mattie E. McLemore 365 Half Noon Road New Bern, NC 28560 Subject: Certification Pursuant to section 401 of the Federal Clean Water Act, Proposed Roadway Mattie E. Mclemore Unnamed Tributary to Neuse River Craven County Dear Ms. McLemore: Attached hereto are two (2) copies of Certification No. 2181 issued to Mattie'E. Mclemre dated November 9, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. Wills For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611=7687 Telephone 919-733=7015 I NORTH CAROLINA Craven 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 Mattie E. McLemDre pursuant to an application filed on the 22nd day of July, 1987 to construct a roadway to access an area for residential construction. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of a tributary to Neuse River in conjunction with the proposed roadway construction in Craven 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 9th day of November, 1987. DIVISION OF ENVIRONMENTAL MANAC?T Original Signed By William C. Mills For R. Paul Wilms, Director WQC# 2181 DATE li/06/87 ACTION INQ FILE ) . tr r.1 'Ek. FORMAT t`d RJ.1#" k..•(^•i t''t (••i NEXT t'`. k.: },! 'i. i:?;a ••?i.t , NF'.T..f :: F.:NT#..:R#::.t:i THIS DATA, RECORD IS NO 00284 FRD DATA PRO= 84 PR O& : MC#...F'.MOF•.#:: MtY T..T..I: #:i: COUNTY: CRAVEN REGION: 0'*,-* ASSIGNED TO: {.F JOINT NOTICE: :r: !'Y °'::: CERTIFICATION DATE,*-.-..*.' RECOMMENDATION •'•.;:..:t"1,:•t::D `i t"1. y 404 #•• t :} . 401 #': t:: Q : ! ISSUE: 'r' RECEIVED: 87000 CAMA ONLY: GC: DENY: INITIAL REPORT: t)F°:`CAMA : '(' GC: I..#0#... i : FINAL REPORT: 87 10 1'.'. RECEIVING STREAM: UT-NEUSE RIVER CLASS: SC BASIN: NEU COMMENTS: :':#:TE #...t::lCATE:D A:ti,.JAt::'I:.:i'''#•T• T O N#:::t.I;'E RIVER AT BRIDGETON APPLICANT PROPOSES TO F ILL AN `•. AREA OF 404 WETLANDS APPROX. i5 X 700 1" f THE #"'i..JF{#°'t.:iS#.:: OF TI°##:.. WORK IS TO PROVIDE t";t..fAD A1...1..:1::.S TO #"#.#: G#°#i:r Ri:Jl..JN:E PROJECT ,:........ RESULT IN 2000 SQ.: F= 1 :. OF COASTAL WETLANDS r''1#''#D 1860 SQ. #.:'t .. 0!:.' WOODEN SWAMP BEING F ILLED PROJECT SHOULD NOT RESU LT IN VIOLATIO NS OF WATER QUALITY ::i .. f.D:t , COPIES: Vi ED Novo 9 1987 WATER QUALIly OPERAT/0NS 8RAfVCH M OFFICE OF COASTAL MANAGEMENT - Lat: FIELD INVESTIGATION REPORT Long: 1. Applicant's Name Mattie Elizabeth McLemore 2. Location of project site on the Neuse River ab, Bridge in Bridgeton at the end of "B" Street e; 1984 AIR PHOTOS: STRIP #50, FRAME #)1526, 3. Investigation type: Dredge & Fill X 4. Investigative procedure: the Hwv. 17 CAMA X (A) Dates of site visit May, 1987 June, 1987 (B) Was applicant present Yes Yes 8-19-87 Yes 5. Processing procedure: Application received July 22, 1987 Office Morehead City 6. Site description: (A) Local Land Use Plan Craven County Land classification from LUP Development constraints identified in LUP SEE CAMA REVIEW SECTION (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands X Public trust waters X Estuarine waters X Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing NONE Planned_ one (1) septic tank system (F) Type of structures: Existing NONE Planned causeway road + house construction (G) Estimated annual rate of erosion 0 Source 7. Habitat description: AREA (A).Vegetated Wetlands Dredged Filled Other cattail and sawgrass 2000 sq.ft. (B) Non-vegetated wetlands: (C) Other: wooded swamp (D) Total area disturbed: 1860 sq.ft. Approximately 3,860 sq. ft. 8. Project summary: To construct a 700 ft. long causeway fill approximately 15 ft. wide from "B" Street to the highground property for construction of a single familv residence. MATTIE ELIZABETH MCLEMORE PAGE 2 9. NARRATIVE DESCRIPTION: The project site is located in the end of "B" Street Extended County. The site consists of of land joined by a 20' wide m side of the property. The can, shoreline and extends some 800 least eight (8) acres of the p. 404 Wooded Wetlands. The swam sweet gum and cypress. The de; the canal makes a complete ons. months next to impossible. Thy property on this tract of land corner near the Neuse River sh( one (1) acre of land. The avn: the Town of Bridgeton near on the Neuse River in Carven approximately ten (10) acres Ln-made canal on the north it begins at the Neuse River inland to "B" Street. At :operty are considered Section is dominated by maples, ise vegetation growth along .te visit during the summer :re is a section of highground situated in the southwest reline that contains about .icant has suz:)nlied a letter from a engineering consultant who surveyed an elevation of +5.4' above mean sea level in this highground area. The man-made canal and highground property are clearly shown on the 1984 aerial photograph referenced on the cover sheet of this report. The applicant recently acquired this tract of land and is currently proposing vehicular access to the highground area for the purposes of constructing a single-family residence. During the course of our pre-application meetings with the applicant, alternative access approaches were investigated. Only one (1) alternative exists, but it involves using the neighbor's existing driveway along the south side of the property. Interestingly enough, that driveway also traverses the same wetland complex. The alternative was abandoned by the applicant due to his unsuccessful attempts at developing a workable plan with Mr. Robert Lee. During one of our earlier onsite visits conducted in May of this year, it was determined that the canal was originally.dug many years ago. Most of the spoil material at that time was banked up on the applicant's property along side of the canal. Although some highground exists along this tree-covered berm, it is difficult to determine where the wooded swamp starts, and where it stops. The overall height and width of the original dike has diminished over the past several years. The proposed causeway road-fill will measure a total of 700' long x 15' wide. It will require four (4) separate crossings of the wooded swamp, and one (1) crossing of an area of coastal wetlands dominated by cattails and sawgrass. The coastal wetlands crossing is located near "B" Street, and will measure about 100' in length x 15' wide. The MATTIE ELIZABETH MCLEMORE PAGE 3 applicant has verbally modified the existing project proposal to include a culvert pipe under this area of fill in order to maintain the upland drainage from the Kenneth Rose property. Once completed, the surface of the new road will be paved with marl stone, and the side-slopes vegetated with grass. During the construction phase, silk fences will be employed to contain the fill material, as well as run-off sediments. The length of each road crossing averages 15' to 201, with the longest opening in the bank measuring 80' to 100' long. The applicant proposes to import sand fill to raise the overall elevation of the dike to 3' to 4' above the normal water level which exists in the canal. An estimated 1108 cubic yards of fill material will be placed in the wetlands. At one location, a 100' section of wooden bulkhead will be used to help contain the vertical phase of the canal. At another fill crossing, the project plans show three (3) culvert pipes installed to connect the surface waters of the canal with the drainage of the wooded swamp area to the south. The applicant's project plans include construction of his house and septic tank system on the one (1) acre highground piece of property, and involve little land disturbance, other than associated with the house construction. 10. ANTICIPATED IMPACTS: The proposed driveway fill will directly displace about 2,000 sq. ft. of coastal wetlands and 1860 sq. ft. of wooded swamp. This combined habitat alteration is considered significant to the local ecology and the actual roadway alignment may significantly alter the hydrology of the swamp. If the applicant were to reach some reasonable understanding with Mr. Lee, the applicant could gain access to his highground property via the existing driveway without any further impacts to wetlands. As for construction of the applicant's house, it is certain that this phase of the proposed development plan can be accomplished in accordance with the CAMA use standards for the 75' estuarine shoreline AEC. PREPARED BY: JAMES L. MERCER DATE: SEPTEMBER 4, 1987 APPLICATION FOR r PERMIT TO EXCAVATE AND/OR FILL J JUL 22 1987 WATER QUALITY CE EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR 6EV'ECOPMENT-------- Department of Administration State of North Carolina Department of the Army (GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information RA A. Name ,ma LFmo.P£ 74-/'57 L i'zRbF_ tN / Last First Middle B. Address S WgL F m 0a iv P/ Street, P. O. Box or Route Al 10 -REPAI aa?560 63g- X91.9 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County IN P A VF Al s '? C B. 1. City, town, community or landmark. ;LT 2. Is proposed work within city limits? Yes No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project ?Iruss ?'?vsle_ ?! ???e?S ?QA?e III. Description of Project A. 1. Maintenance of existing project 2. New work PII F P'l f B. Purpose of excavation or fill 1. Access channel y /A length width depth 2. Boat basin A! /A length width depth 3. Fill area length width depth 4. Other length 7/)n r width I A ? depth __R ? ?d ? ? a •?? C. 1. Bulkhead length- Average distance waterward of MHW (shoreline) 2. type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards - n 2. Type of material E. Fill material to be placed below MHW (see also V1. A) c' 1. Cubic yards 2. Type of material _.., t'>1 CI. ).._.nt WA o-o' IV. Land Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No B. D i th disposal area include any marshland, swamps or other wetland? Yes No C. Ukpoeal Area 1. Location 2. Do you claim title to 46 esal area? S D. P--r Q I) P_ K U. Fill material source if till is to be trucked in L. How will excavated material be entrapped and erosion controlled? S 1. T Al C G ype of equipment to be used K(tf )L a >2 f a - a Z41 C G. Will marshland be crossed in transporting equipment to project site? If yes, explain F- I . V. Intended Use of Project Area (Describe) A. 1. Private- V 5? S 2. Commercial 3. Housing Development or Industrial _ A//,4 4. Other- kJ I A B• 1. Lot size(s) k P S 2. Elevation of lo((s) above mean high water- fn ?? 3. Soil type and texture ?_g T j` nom, ; P c? c S A K I d 4. Type of building facilities or structures 11F k) A 1J S. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe .6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Lan se Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes ?No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No - _. 2. Type of discharge 3. Location of discharge VII. Present rate of shoreline erosion (if known): - IL W k A) n r.1 hi Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State work in project area if applicable: -N) / A IX. Length of time required to complete project: V E X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Suchhn owners have 30 days in which to submit comments to agencies listed below. X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. , DATE C. -`YYl<,s ( ??) Applicant's Signature D&F•Bz 10/78 Rev. 82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONC r r r r 3sn oN 1 i \ 3sod oad. tn r o 4 s m f ? M 1??1 X111 i?r??? r ? I 1 ? ? 1 0 M / / C C r Q> LP 4 r j o M O !t'? M ?( h n 7b ` w ( Z o z- 7Q o z s- M C ? ?- -r M o ° 70 U ?£US ,5? XI( VE -Dei`vz w Pp ay 5deep Imo- vR PosE:d R o A-d To CPoSS I.aW 'GPva-Ald NE 77- Te) 3A14 Ex.'s r.',v9 L ;2,o 9; IWLAI h/o)e Z 35 Nf /F/9oo4/ ZE / 1 /Ve td -B Fe N, A/0 -) *ar ,, PINE .!? r9 N?( ro/l?E? i Tf/?vri l?rl??yolcT NFL ?S??N ?'?' L ?? N/9L C J U L -X2 2 nn nrm,? ' 387 -------- --------- ?' ?Ze1 ?riaaQ -- m -ZL i t?t1? l?r ' S W Y 'a;,, 4., ?..?. ?!? .t*+'. fit„ r:. If f s:: y R f { 1. r ?t 4www .o -'kb mot' ?? - ..¢ _? e s ?. z s 0 q ' ??F r y r t "it it, .Y, J k ?.;:. re, ? a R R A (r J ` •' ?, t? •"? N • ? ? ° `k }r X? ?+S tv ?J ?3L. .. 'f "s 111 ,f 0 CT 0 1 1987 4WM -MEB/LP Colone Paul W. Woodbury District Engineer U.S. Army Corps of Engineers, Wilmington P.O. Box 1890 Wilmington, North Carolina 28402-1890 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV 345 COURTLAND STREET ATLANTA, GEORGIA 30365 RECEIVED WT 12 1987 Div. of Environmental Mgt. Raleigh, N. C. RED' Al«. ATTENTION : Mr. Dave Baker SUBJECT: Mattie E. McLemore 00T 19 P8 7 (Public Notice No. 87-N-025-0403) WAT : .:,L. H0N Dear Colonel Woodbury: OPEHATIONS BRANCH This is in response to the subject public notice concerning a proposal to construct a 700-feet-long by 15-feet-wide causeway fill road on the Neuse River near Brideton, Craven County, North Carolina. The purpose of the project is to gain access to an upland area for residential development activities. As a result of the proposed project, approximately 3,860 sq. ft. of freshwater wetlands composed of wooded swamp and herbaceous marsh species will be eliminated. Wetland flouristic species noted on site include: -red maple (Acer rubrum), cypress (Taxodium distichum), sweetgum (Liquidambar styraciflua), cattail (TVpha sp.) and sawgrass (Cladium Jamaicense). It is clear that the proposed project will remove a valuable aquatic resource and will result in unacceptable adverse environmental impacts. Consequently, it our opinion that the proposed project is contrary to the Section 404(b)(1) Guidelines and should be denied. Sincerely yours, E. T. Heinen, Chief Marine and Estuarine Branch Water Management Division cc: See enclosed .? 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 F. isheries,Service St. Petersburg, F'L NOT. FILING OF APPLICATION Fc MAJOR DEVELOPMENT PERMIT AND WA '•frLITY CERTIFICATION The Department of Natural Resources and Community Development hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Mattie Elizabeth McLemore of Craven County, filed an application on July 22, 1987, 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 the applicant is proposing to construct a 700' long causeway fill road approximately 15' wide from "B" Street to the highground property for construction of a single family residence. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of James L. Mercer, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., 919/726-7021, and/or the office of Bill Moore, Division of Environmental Management, NRCD Regional Field Office, Washington, N.C., Telephone (919) 946-6481. The Division of Environmental Management proposes to take final action on this water quality certification on or before October 27, 1987. 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 do so in writing to Mr. David Wens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to October 17, 1987 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to October 17, 1987 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies: Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: October 2, 1987 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concernYng an application; for State Federal CAMA Permit(s) from 1 'y 1 A. PERMIT: This office cannot comment on this project until after the close of the Section O1 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. -S- Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be a ted_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 Q ALIT/ SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT 7 llz ' N Cdr r - 1 f 1`tl??l(T1f°l , ? 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L_ L.1:71) . . - . r-lDDITJ:CINAL i:.tMM?:::NT F''1::N C)I:N t:, 9.1.TF- "'IS 'IT C i11=' LL: WA +:t:? t EN "FR" L_•-MlLL:.a Ml:::ltt,1...1 RE CEIVED SC D Z 1 1987 WATER QUALITY SECTION OPERATIONS BRANCH r fi t?..d yr a t ti 4P T '410T, 7-1-ii - OFFICE OF COASTAL MANAGEMENT Lat: FIELD INVESTIGATION REPORT Long: 1. Applicant's Name Mattie Elizabeth McLemore 2. Location of project site on the Neuse River above the Hwy. 17 Bridqe in Bridqeton at the end of "B" Street extended. 1984 AIR PHOTOS: 3. 4. Investigation type: Dredge & Fill_ Investigative procedure: (A) Dates of site visit May, 1987 (B) Was applicant present Yes June, 1987 Yes 8-19-87 Yes 5. Processing procedure: Application received July 22, 1987 Office Morehead City 6. Site description: (A) Local Land Use Plan Craven County Land classification from LUP Development constraints identified in LUP SEE CAMA REVIEW SECTION (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands X Public trust waters X Estuarine waters X Other (C) Water dependent: Yes (D) Intended use: Public No X Other Private X Commercial (E) Type of waste water treatment: Existing NONE Planned one (1) septic tank system (F) Type of structures: Existing NONE Planned causeway road + house construction (G) Estimated annual rate of erosion 0 Source 7. Habitat description: 8. (C) Other: wooded swamp (A) Vegetated Wetlands cattail and sawgrass (B) Non-vegetated wetlands: (D) Total area disturbed: Project summary_ AREA Dredged Filled Other 2000 sg. ft. 1860 sq.ft. Approximately 3,860 sq. ft. X CAMA X fi l l r., =r7 MATTIE ELIZABETH MCLEMORE PAGE 2 9. NARRATIVE DESCRIPTION: The project site is located in the end of "B" Street Extended County. The site consists of of land joined by a 20' wide m side of the property. The can shoreline and extends some 800 least eight (8) acres of the p. 404 Wooded Wetlands. The swam: sweet gum and cypress. The de: the canal makes a complete ons, months next to impossible. Thi property on this tract of land corner near the Neuse River sho one (1) acre of land. The aon: the Town of Bridgeton near on the Neuse River in Carven Lpproximately ten (10) acres Ln-made canal on the north Ll begins at the Neuse River inland to "B" Street. At -operty are considered Section is dominated by maples, ise vegetation growth along .te visit during the summer :re is a section of highground situated in the southwest ?reline that contains about .icant has suntilied a 1 Pt-tPr from a engineering consultant who surveyed an elevation of +5.4' above mean sea level in this highground area. The man-made canal and highground property are clearly shown on the 1984 aerial photograph referenced on the cover sheet of this report. The applicant recently acquired this tract of land and is currently proposing vehicular access to the highground area for the purposes of constructing a single-family residence. During the course of our pre-application meetings with the applicant, alternative access approaches were investigated. Only one (1) alternative exists, but it involves using the neighbor's existing driveway along the south side of the property. Interestingly enough, that driveway also traverses the same wetland complex. The alternative was abandoned by the applicant due to his unsuccessful attempts at developing a workable plan with Mr. Robert Lee. During one of our earlier onsite visits conducted in May of this year, it was determined that the canal was originally dug many years ago. Most of the spoil material at that time was banked up on the applicant's property along side of the canal. Although some highground exists along this tree-covered berm, it is difficult to determine where the wooded swamp starts, and where it stops. The overall height and width of the original dike has diminished over the past several years. The proposed causeway road-fill will measure a total of 700' long x 15' wide. It will require four (4) separate crossings of the wooded swamp, and one (1) crossing of an area of coastal wetlands dominated by cattails and sawgrass. The coastal wetlands crossing is located near "B" Street, and will measure about 100' in length x 15' wide. The MATTIE ELIZABETH MCLEMORE PAGE 3 applicant has verbally modified the existing project proposal to include a culvert pipe under this area of fill in order to maintain the upland drainage from the Kenneth Rose property. Once completed, the surface of the new road will be paved with marl stone, and the side-slopes vegetated with grass. During the construction phase, silk fences will be employed to contain the fill material, as well as run-off sediments. The length of each road crossing averages 15' to 201, with the longest opening in the bank measuring 80' to 100' long. The applicant proposes to import sand fill to raise the overall elevation of the dike to 3' to 4' above the normal water level which exists in the canal. An estimated 1108 cubic yards of fill material will be placed in the wetlands. At one location, a 100' section of wooden bulkhead will be used to help contain the vertical phase of the canal. At another fill crossing, the project plans show three (3) culvert pipes installed to connect the surface waters of the canal with the drainage of the wooded swamp area to the south. The applicant's project plans include construction of his house and septic tank system on the one (1) acre highground piece of property, and involve little land disturbance, other than associated with the house construction. 10. ANTICIPATED IMPACTS: The proposed driveway fill will directly displace about 2,000 sq. ft. of coastal wetlands and 1860 sq. ft. of wooded swamp. This combined habitat alteration is considered significant to the local ecology and the actual roadway alignment may significantly alter the hydrology of the swamp. If the applicant were to reach some reasonable understanding with Mr. Lee, the applicant could gain access to his highground property via the existing driveway without any further impacts to wetlands. As for construction of the applicant's house, it is certain that this phase of the proposed development plan can be accomplished in accordance with the CAMA use standards for the 75' estuarine shoreline AEC. PREPARED BY: JAMES L. MERCER DATE: SEPTEMBER 4, 1987 J 1 - APPLICATION FOR J U L 2 n1987 PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CE EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPIGIENT-------- Department of Administration State of North Carolina Department of the Army (GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information /• A. Name e L 'F Me P£ IMA 7 4- l f 2-'4 b f^ Last First Middle B. Address ?& S ?AL F IV Dn Al ko d Street, P. O. Box or Route 1?LFIJ Re PN C 1;? '?560 6,39-,991-9 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County ( P A VF A/ B..1. City, town, community or landmark s C 2. Is proposed work within city limits? Yes No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Ill. Description of Project A. 1. Maintenance of existing project 2. New work PItP D6 F P i7 J 9_ I?UA y B. Purpose of excavation or fill 1. /Access channel ti ? A length - width depth 2. Boat basin I1! length width depth 3. Fill area length width depth 4. Other length width I -15 ' depth C. I. Bulkhead length-- Average distance waterward of MHW (shoreline) 2. type of bulkhead construction (material) d4?/q D. Excavated material (total for project) 1. Cubic yards 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 2. Type of material ?>1 W o'-Ad!/L 11 - IV. Land Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No B. D es the disposal area include any marshland, swamps or other wetland? Yes ti- No yes the C. O+spesal Area 1. Location 2. Do you claim title to 4ispesaf area? 5' S D. Fill material source'if fill is to be trucked `b r -r 2o e K E. How will exceed material be entrapped and erosion controlled? S r AI C P_ :7, LL_ at- I J I . 1 ype of equipment to be used KMi' }?.aIL? A A G. Will marshland be crossed in transporting equipment to project site? If yes, explain F- 1 V. Intended Use of Project Area (Describe) A. I. Private V S 2. Commercial- A// A- 3. Housing Development or Industrial N/A 4. Other B. I. lot size(s)- r (? t7 I: S 2. Elevation of lot(s) above mean high water_ 3. Soil type and texture ?1 LT £ (` ,? .. ?'.S c '13 A Ki ri 4. Type of building facilities or structures ?__? ? V f' W A 0 S. Sewage disposal and/or waste water treatment A. Existing Planned X B. Describe 6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Lan se Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes ?No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No_x_ 2. Type of discharge 3. Location of discharge VII. Present rate of shoreline erosion (if known): _.? nl k f ) n U) t\) VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State work in project area, if applicable: 111 / A permits for IX. Length of time required to complete project: -? V t A P X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Xl. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. t DATE - - f, - YY1?t 4 Applicant's Signature D& F-82 Rev. 10/78 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS 1? IC V E C r r ? W 3 s n (IN 1 r ?}' f 1 3 s o? 04) 0 m M ? 0 5-r = r - ? ro I- M -+ ?-a r 7t -3 ? _ O T" p C---? -- - 'N 2 ,°D r ?n M -7- CZ rd o o ? s ri N ?£US ? If ( VE v 3Ar?k - P o f -D e ,` vs kvd PP 'Po - x 9 v 5 deed, C PvPPosf:d Road To C k"05S I-oa/ ?7'2oA,GNd /l/f77- To f I i I - ;2a - 9:: I I ri . 5 ' WER-r . /n,# 7-T'1 f, f . /I/ ?•L f mo ,e e ao h/o) %z 3(.5 Nf /F/oo410(ld IUeW -? Fe IV, Alp ') - ?c! SSA n ,? i9 N? ro%?E ice. i Tf/?v/yi l?I'1?iyolc T 36S???F ?Ioo/Y ??560 /YF 13,e4 i? _-0 J U L ??---zr2 •1 ?8 • V ?, _?__- _--5??=-1.-L?' ."_ - ^' !/K-LZ[Q/? ?-? _.-?i!??_r4fw -?i/ i%!? ?_--..-._-__.___-_ _._.-..__.-_ I . y / / - -- ----------Y???--?-?--- -"- G? __ fir/- __ _.? od_`??' . _ ___ ? ? ? ?,c - _? , 9m ?s Ac ? 1 TO- JIM,* y 4L?i /C 4 ? ?p.i lac h_ s05+ 3' met w 7. r ? t JU 1 Z TS`_ 4 t ? - ci H f? i ?hx 3i? f ,14 4T` R Y . 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 IN REPLY REFER TO June 19, 1987 Regulatory Branch SUBJECT: File No. SAWC087-N-025-0403 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: RECE,VEp JUN 2,3 1987 WATER QUALITY OPERA7lOhs B' Enclosed is the application of Mrs. Mattie McLemore for a Department of the Army permit and a State Water Quality Certification to place fill material in wooded wetlands and open waters of Harris Canal off of the Neuse River to construct a roadway providing access to a private residence in Bridgeton, Craven 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 August 18, 1987, the District Engineer will deem that waiver has occurred. 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 (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. James Mercer Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 W1.04 . MC'•. j... APPLICATION FOR f PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVE(6PMENT Department of Administration State of North Carolina Department of the Army (GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wllming'to p!strict (GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in a "Qk AV , 1. Applicant Information A. Name L ? in z, its `? //? -f l ?- .•/. Z/???f f N Last First Middle B. Address b 5 11 A >_ P Ml' /? it/ Rcd Street, P. O. Box or Route City or Town State Zip Code Phone It. Location of Proposed Project: A. County A B. 1. City, town, community or landmark ??i /t ?? ?,ly ? ?' 2. Is proposed work within city limits? Yes No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 1 i? l C, C f, A 111. Description of Project A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill I. Access channel I?% / lE length width deplh 2. Boat basin length width depth 3. Fill area length width depth - / depth r -7f1? ?sf`??fh/fG : width 4. Other length r ?L ' C. I. Bulkhead length Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards C•' - 2. Type of material I E. Fill material to be placed below MHW (see also VI. A) _ 1. Cubic yards 2. Type of material i IV. Land Type, Disposal Area, and Construction Equipment: 11 A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No ?? fT B. Does the disposal area include any marshland, swamps or other wetland? Yes No? C. Disposal Area 1. Location N 2. Do you claim title to disposal area? D. Fill material source if fill is to be trucked in 1` L r 'i ti L C L, 4' ?r `I . L. How will excavated material be entrapped and erosion controlled? N \ H i . I ? pe of equipment to be used G. Will marshland be crossed in transporting equipment to project site? If yes, explain S %.' Nj V. ^ ?A ??7 rt h ?! t- l•i ?J ti ?' i` r ; 1 l L V. Intended Use of Project Area (Describe) A. 1, Private--_ `/ 7 C; 2. Commercial I\ - 3. Housing Development or Industrial 4. Other Lot size(s) / (_ Cu C- P V " 2. Elevation of lot(s) above mean high water_ . 3. Soil type and texture I ; i Pz-r f, K 4. Type of building facilities or structures i I; i' 1, l1 J3 5. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe 13 i 6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY CONSERVATION OTHER (See CAMA Local-Lan Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No -z_ 2. Type of discharge - i\ I R 3. Location of discharge ti I h- VI1. Present rate of shoreline erosion (if known): - I I Ai V L L i-t: N Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: IX. Length of time required to complete project: X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. ` C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served Z'i !?c; D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. f, c < C? f 11 P; d T (, N, XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of.North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE -' j / .? i ) D&F-B2 plicant's Signature SEE RFVFRcF cinr cnD ... 11 1- . PLEASE BE SURE THAT: - Both copies are completed - All blanks are filled in -- You have signed both copies Mail png copy to: If you have any questions please call your regional field office. 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 regional field office as indicated on the map below: West of Chowan River and south of Pamlico including southern half of Beaufort County. Coastal Management Field Services 1502 N. Market Street Washington, NC 27889 919/946-6481 Pender \ New r? Hanover \ j Brunswick , ' i r River/ Hertford Bertie Coastal Management Field Services 7225 Wrightsville Avenue Wilmington, NC 28403 919/256-4161 Coastal Management Field Services 108 S. Water Street Elizabeth City, NC 27909 919/338-0206 South of Pamlico River and Beaufort New River including barrier islands from Inlet to north of New River Inlet. County to om Ocracoke Coastal Management Field Services P. O. Box 769 Morehead City, NC 28557 919/733-2160 or 726-7021 East of Chowan River and north of Albemarle So to Virginia border, including northern Dare Cou and outer banks to Ocracoke Inlet. South of New River Inlet to South Carolina border. 14, X7, 142"!ZZ1114, I l `i ?i r, ?; j?..y1,CX.-''' •?. lw?G-! -'j'et- ?? z _u _ ? (Y? r Lt-??r :t r r!r t f Y i A { f t CANAL- Alov-if t? ? " ? . ? . !• . .? ? +?4 r fgt.. ? ,,,?. i% Y r 1j 4 XQ, \.J ?? 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 R E C E I V E D IN REPLY REFER TO June 19, 1987 JUN 2 9 1987 Regulatory Branch WATk,n qUNi.ITY ?ECTiON SUBJECT: File No. SAWC087-N-025-0403 OPERATIONS BRANCH Mrs. Mattie McLemore 365 Half Moon Road New Bern, North Carolina 28560 Dear Mrs. McLemore: On February 6, 1986, we renewed 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 June 12, 1987, for a Department of the Army permit to construct a 700-foot-long road through wooded wetlands adjacent to the Neuse River and Harris Creek to provide access to a private residence in Bridgeton, Craven 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. SAWCO87-N-025-0403 and will be coordinated by David Baker. Mr. Baker is available to address questions or comments you may have at telephone (919) 343-4642. Sincerely, Charles W. Hollis Chief, 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. William Mills Water Quality Section Division of Environmental Management J 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. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. James Mercer Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557