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HomeMy WebLinkAbout19880018 Ver 1_COMPLETE FILE_19880101 d ?.. AATf o ti J Qaw State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Director October 28, 1988 Colonel Paul W. Woodbury District Engineer U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 Dear Colonel Woodbury: m „ L a, Er The State of North Carolina has completed its review of Corps Public Notice SAWC088-N-028-0431 concerning a proposal by Ms. Betty Brewer represented- by Mr. John Fussell, Environmental Services Incorporated, 9104 Cypress Green Drive, Jacksonville, FL 32216. The proposal involves filling wetlands for the purpose of providing an area suitable for the installation of two septic tanks on lots 2 and 3, Amelia Heights Subdivision, near Manteo, Dare County, North Carolina. We provided a preliminary summary of our review results to Mr. Charles Hollis of your staff and to Ms. Brewer, the applicant, by letter dated 10/21/88. Based upon our review, we disagree with the applicant's certification that 'the proposed activity is consistent with the North Carolina Coastal Management Program. Specifically, the proposed work is inconsistent with Coastal Water Quality Policies found in 15 NCAC 7M .0801 ( a) , ( b) , and ( c ) in that the required Water Quality Certification under Section 401 of the Federal Clean Water Act has been denied by the North Carolina Division of Environmental Management. A copy of this letter will be mailed to the applicant. It will serve as our formal notice that we disagree with her certification. it will also serve as our notice that our position may be appealed to the Secretary, U.S. Department of Commerce, Washington, D.C. The appeal must be filed within 30 days of receipt of our letter and must specifically address one of the following findings: That although the project currently is inconsistent, it may be federally approved because (1) the activity is consistent with the objectives or P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer A purposes of the Federal Coastal Zone Management Act, or (2) is necessary in the interest of national security. Mr. Steve Benton, of the N.C. Division of Coastal Management in Raleigh is available to discuss the appeal procedures and to provide assistance if needed in filing an appeal. He can be reached at (919) 733-2293. Sincerely, Y4q??/ I avid W. Owens cc: NC Division of Environmental Management NC Division of Water Resources NC Wildlife Resources Commission Ms. Betty Brewer c/o Mr. John Fussell, Environmental Services Incorporated 9104 Cypress Green Drive Jacksonville, FL 32216 Mr. Donald E. Critchfield, Acting Director U.S. Department of Commerce, OCRM Washington, D.C. 20235 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 28, 1988 B IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWCO88-N-028-0431 Ms. Betty Brewer 126 Howe Street Norfolk, Virginia 23503 Dear Ms. Brewer: Reference your application for Department of the Army authorization to place fill material in wetlands adjacent Roanoke Sound, Manteo, Dare County, North Carolina. By copy of North Carolina Division of Environmental Management (NCDEM) letter to you of September 30, 1988, we have learned that your application for Water Quality Certification, pursuant to Section 401 of the Federal Clean Water Act, has been denied. Also, the North Carolina Division of Coastal Management (NCDCM) has informed us that accomplishment of your work would be inconsistent with the State's Coastal Zone Management Plan. Under the administrative rules of our regulatory program, denial of the Certification or the finding of inconsistency would preclude favorable consideration of a Federal. permit. Accordingly, your Department of the Army application is hereby denied, and your file has been retired. By letter of September 23, 1988, we provided you comments of the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. While appealing the State authorization is the next step in pursuing State authorization, you should be aware that these Federal agencies' comments would 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 impacts. Ms. Alison Arnold of my staff is available to answer any questions. She may be reached at telephone (919) 343-4634. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Paul W. Woodbury Colonel, Corps of Engineers District Engineer -2- f Copies Furnished: Mr. John Parker Mr. William Mills Division of Coastal Management Water Quality Section North Carolina Department of Division of Environmental Management Natural Resources and North Carolina Department of Community Development Natural Resources and Post Office Box 27687 Community Development Raleigh, North Carolina 27611-7687 Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 Mr. W. Mark Spence Aycock, Spence and Graham Post Office Box 117 Nags Head, North Carolina ,27959 Mr. Robert F. McGhee, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Fussell Environmental Services, Incorporated 9104 Cypress Green Drive Jacksonville, Florida 32216 d ??. $r q State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Director October 21, 1988 Mr. Charles Hollis Chief, Regulatory Branch U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Dear Mr. Hollis: The State of North Carolina is not able to make a finding at this time on consistency with the North Carolina Coastal Management Program pursuant to 15 CFR 930 Subpart D for the proposal by Ms. Betty Brewer, represented by Mr. John Fussell, Environmental Services Incorporated, 9104 Cypress Green Drive, Jacksonville, FL 32216. This proposal was circulated for review under Corps Public Notice SAWC088-N-028-0431 and involves filling of wetlands for the installation of two septic tanks on lots nos. 2 and 3, Amelia Heights Subdivision, near Manteo, Dare County, North Carolina. All review comments on the above proposal have been received with the exception of a fina-1 determination on the outcome of the required 401 Certification by the NC Division of Environmental Management. It is our understanding that based on anticipated water quality impacts associated with the emplacement of septic tanks in fill over wetlands, the 401 Certification has been recommended for denial. Additional objections to the proposal have been received from the North Carolina Division of Water Resources and the Wildlife Resources Commission. The Division of Water Resources has indicated that the proposal is unacceptable from a policy standpoint unless it can be demonstrated that either, 1) the site has been incorrectly identified as wetlands, or, 2) that if the site is a wetland it is severely degraded. The North Carolina Wildlife Resources Commission has determined that the proposal is inconsistent with its policies concerning non-water dependant projects which individually or cumulatively result in the degradation of the productivity of existing fish and wildlife ecosystems. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer Pursuant to 15 CFR 930.63 (b), we are sending a copy of this letter to the applicant to inform him of the status of the matter and basis for our delay:. Thank you for your consideration of the North Carolina Coastal Management Program. Si?rrcerely, Qte en B. Benton Consistency Coordinator cc: Ms. Betty Brewer c/o Mr. John Fussell, Environmental Services Incorporated 9104 Cypress Green Drive Jacksonville, FL 32216 NC Division of Environmental Management NC Division of Water Resources NC Wildlife Resources Commission 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 September 30, 1988 R. Paul Wilms S. Thomas Rhodes, Secretary Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Betty Brewer 126 Howe Street Norfolk, VA 23503 Subject: Application for Water Quality Certification Betty Brewer Proposed Septic Tank Systems Croatan Sound Area Dare County Dear Ms. Brewer: This Division received your application for Water Quality Certification under Section 401 of the Federal Clean Water Act on July 21, 1988. The application proposes the placement of fill material in wetlands adjacent to the waters of Croatan Sound and its tributaries. These areas to be filled are on two residential lots in the Amelia Heights Subdivision near Manteo. The purpose of the fill is to create areas approvable for septic tank systems to serve residential dwellings proposed for the lots. Issuance of a Water Quality Certification by this Division must be based on a reasonable assurance that the proposed activity is not expected to result in violations of Water Quality Standards applicable to the surface waters which may be affected. Septic tank installations in fill areas such as the, ones proposed for these lots create concerns for potential violations of water quality standards in adjacent surface waters. Septic tank effluent would likely move vertically downward through such fill material until original soils are reached then begin a lateral movement into surface waters in the area. Surface waters which are affected by septic tank effluent have low dissolved oxygen, high Pollution Prevention Pavs P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Ms. Betty Brewer Page Two September 30, 1988 fecal coliform bacteria value levels in addition to creatin nuisance conditions. Because of Water Quality Standards, I application for Water Quality denied. s, and excessive nutrient g potential public health and of these potential violations have determined that your Certification should be You do have the right to a review by the N. C. Environmental Management Commission, if this denial is unacceptable to you. Your request for Commission review must be in writing, identifying the specific items to be contended, within 10 days of your receipt of this denial. If you have any questions concerning this matter, please contact Mr. Bill Mills at 733-7015. Sicer 1 Jf R. Paul Wilms RPW/dkb cc: Charles Wakild Dennis Ramsey Washington Regional David Owens Office , _,.• ooolm n? North Carolina Department of Natural Resources &Community Development W- U, 1 77' -777-w- 7 1 also r ,.Of ti ?I IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 July 19, 1988 SUBJECT: File No. SAWC088-N-028-0431 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: RECEIVED J ! L 2 i 41988 WATER 0 r' Enclosed is the application of Ms. Betty Brewer for Department of the Army authorization and a State Water Quality Certification to fill 0.64 acre of wetland to make the property suitable for the installation of two septic tanks, at Lots Nos. 2 and 3, Amelia Heights subdivision, near Manteo, Dare 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 authorizing 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 a reasonable time for State action. Therefore, if you have not acted on the request by September 19, 1988, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, %th:arW. Hol egulattyyBranch 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. David R. Griffin District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 +1t-? k DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC088-N-028-0431 July 21, 1988 PUBLIC NOTICE MS. BETTY BREWER, represented by MR. JOHN FUSSELL, ENVIRONMENTAL SERVICES, INCORPORATED, 9104 Cypress Green Drive, Jacksonville, Flordia 32216, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN 0.64 ACRE OF WETLANDS TO MAKE THE AREA SUITABLE FOR THE INSTALLATION OF TWO SEPTIC TANKS, LOTS NOS. 2 AND 3, AMELIA HEIGHTS SUBDIVISION, NEAR MANTEO, ROANOKE ISLAND, Dare County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed placement of approximately 2,000 cubic yards of fill material in 0.64 acre of wetland to raise the elevation of the properties approximately 19 inches. The purpose of the work is to make the two lots suitable for the installation of septic tanks and construction of single- family homes. Sections of these lots are considered by the Dare County Health Department to be "conditionally suitable" for installation of septic tanks. They would be considered suitable for septic tanks after the fill material is in place. Plans showing the work and a narrative site description are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 1.46-12 by the North Carolina Department of Administration and the North Carolina Council of State. -2- e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The application for Department of the Army authorization will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, r ,,- '* k -3- flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after August 15, 1988. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 9, 1988, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m., August 22, 1988, or telephone (919) 343-4634. ti F'oo t Weigh Cp '16. 34 yi / /" v \ Kl or ' ?' O ' ` 6 x?t? po e' •. r \ ?QO?? • 25 2 ?9, 1116 '' •' '? " ?? y , // x--15 •? ?? ' ?' ?`? ? w P /?• \,'w\ ` 'gM /• i , .. '`, Sunny Side JO 64 •.j?.. ?? a ,g' •• ? i ?--•/ ? ?. ,\ 4 64 ' • 10 • ??•. • %. i?? ° \ of rsYinayard? \\ COUN EGIONAL Al PORT \ \ \ - 10 Romp y ? - lo' • ? ?, ;n • : ?MANTEQ"' fBM 5r • .:' 2 n-91 6em 14. \ 2 ;??. //' y j• :' .,?''? ' ?1, .:_ Sand Light / , ; v? y •• , r ' ??. <? a -qi Maven' f,?k2k %i •i . Burnside Headquarters • '` 1123 ( ''?? y?' ` tHistprical sites Califbittia'. .• ;, . ' ?. 2 ?. t -fit Manteo 2 well Field 1128 ^\.. Site \ 'rum Saw. R O A : b?.K E _ X 88-43? S ffEET 1 OF DESIGNED BY: I PROJECT s: Roanoke Island/Brewer Site °`""B' °'T` CMECKM BY- I SHEET OF MOW O• WOAMtt<LY i0 O?N.lLO LlbT"IL •i1M ,' I' NO• / II II ? V ? .II • ,I I I ?± ? I I r II II I s I I S I! o ii as ? II II I ! 1 I - t4 400 O!?' E C o - P 2 , x C.AT`I ?--- r C. At V 3 x LIMA ?M•TO. W 4 ? tL.t ?A1' 1. O.O ?i UC?.O• I t0.0' tf • L,viRT I?ME1.?P??pj 1?Y •? tap' IL : . ,r...j>t', i;?r"', ^.S..?S' ?/?7'';f.+ •w lo=T',i/ FLOOlb MOSS: ALD S+?fi •?oo0 9.O' 'C" ??,• K. 11?V T)^%& e0. WALU. i 14V- 8$-431 .:? sit-E-r Z Or _m as pr m O 4 O E t V I u t iy I W i? 9 O W V J L Q? L m C _co Cl) m seo O C cis O rr siT_E PF5MPTtuN Soil on the tract is Mascotte soil. Over most of the tract, this is covered by a layer of fill material (deposited many years ago), which varies in depth from about 1" deep to about 12" deep. The tract is covered by a dense growth of small trees (about 20' high), shrubs, and herbaceous species. Near Amelia Drive, willows (Salix caroliniana) are the dominant tree species. Farther back, pines (Pinus taeda) are dominant. There is a heterogeneous mixture of shrubs and herbs with no dominant species. The following species were identified: Trees (most are shrub-sized) Acer rubrum Ilex opaca Juniperus virginiana Liquidambar styraciflua Persea borbonia Pinus taeda Salix caroliniana Shrubs Cornus stricta Ligustrum sinense Myrica cerifera Rhus copallina Herbs Vines Andropogon virginicus Erigeron sp. Eupatorium capillifolium Hypericum hypericoides Lactuca sp. Osmunda regalis Phragmites communis Scirpus americanus Solidago sp. Gelsemium sempervirens Lonicera japonica Mikania scandens Parthenocissus quinquefolia Rhus radicans Smilax bona-nox 88- 43/ G? S SHEET 5 Please type pr print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT I a. Name Address City State Zip Day phone Landowner or Authorized agent b. Project name (if any c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number b. City, town, community, or landmark c. County d. Is proposed work within city limits or planning jurisdiction? e. Name of body of water nearest project 3 DESCRIPTION AND PLANNED USE. OF PROPOSED PROJECT L?°7 ?f}wco-3 T-N-WS- Oy31 d. _ Describe the planned use of the project. 4 LAND AND WATER CHARACTERISTICS a. Size of entire _ tract b. Size of individual lot(s) c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract e. Vegetation on tract f. Man-made features now on tract g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? If so, by whom? 5 UPLAND DEVELOPMENT Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) bulkhead, or pier). d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both? sedimentation and erosion control plan been submitted to the Division of Land Resources? c. Will the project be for community, private, or commercial use? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. .. w.1, rd g. List the'materials, such as marl, paver stone, b. Amount of material to be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards surfaces. c. Type of material d. Does the area to be excavated include marsh- h. If applicable, has a stormwater management land, swamps, or other wetlands? plan been submitted to the Division of En- e. High ground excavation, in cubic yards vironmental Management? f. Dimensions of spoil disposal area i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. h. Do you claim title to the disposal area? j. Have these facilities received state or local If not, attach a letter granting permission from approval? the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future maintenance?? If so, where? j. Does the disposal area include any marshland, 1. Describe location and type of discharges to swam0land,'or water areas? waters of the state (for examplersurface runoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial high water? effluent, or "wash down"). 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material m. Water supply source o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? describe the steps that will be taken to main- p. Dimensions of the wetland to be filled tain established public beach accessways or pro- q. How will excavated or fill material be kept on vide new access. site and erosion controlled? o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) r. What type of construction equipment will be used (for example, dragline, backhoe, or 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 lessen en- vironmental impacts. 7 SHORELINE STABILIZATION Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Unland fill a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material Length Width Depth ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 I/z x 11 white paper. (Refer to Coastal Resources Commission Rule 7).0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency'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 stormwater management plan, if applicable, that may have been developed in consultation with the Division 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 submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name_ Address -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 statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIS SION TO ENTER ON LAND Any permit issued in response to this application 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 Program 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 ;9// day of ta_ 19s. X_ (24 Lan owner or Authorized agent Name Send the completed application materials to the Address Division. of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the Name map on the inside front cover for the appropriate Address DCM office and addresses and phone number. 3 ! - # Form DCM-MP-2 MARINA DEVELOPMENT Attach this form to the Application for Permits to Develop in North Carolina's Coastal Area. Be sure to complete all other sections of that application which relate to this proposed project, including upland areas, even if duplicative. All shore-based facilities must be included in application and work plats. 1 MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public Residential b. Will the marina be open to the general public? c. If there is residential development associated with the marina, how many units or lots are manned? d C - Check all of the types of service to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for ex- ample, open runabout, charter boats, sail boats, or mixed types). g. Typical boat length h. Maximum boat length i. Are any floating buildings planned? If so, describe. 1.µ:2 MARINA OPERATIONS s: a Check each of the following sanitary facilities which will be included in the proposed project. Office toilets Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and location for all sanitary wastewater. c. Describe solid waste, fish offal, and trash disposal. d. How will overboard discharge of sewage from boats be controlled? e. Give the location and number of "No Sewage Discharge" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste, and petroleum pro- ducts. g. Where will residue be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. Note: Regulatory signs such as these require ad- ditional approval by the N.C. Wildlife Resources Commission. 4 0 i. Give the location of fuel handling facilities and describe the safety measures planned to protect area water quality. j. Describe design measures that promote boat basin flushing or circulation and reduce water quality impacts. k. What will be the marina policy on overnight and live-board dockage? 1. Is the proposed marina located near any shellfish leases? If so, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? n. How many slips are now available? 1 % Date: 29 June 1988 1. APPLICANT a. Environmental Services, Inc. 9104 Cypress Green Drive Jacksonville, Florida 32216 904-636-8552 b. None c. Betty Brewer 126 Howe Street Norfolk, Virginia 23503 2. LOCATION OF PROPOSED PROJECT JUL 5 1988 REGULATORY BRANCH a. Amelia Drive, lots 2 and 3. b. Ca. .5 mile west of Manteo. C. Dare County. d. Proposed project site is not within city limits; it is within planning jurisdiction. e. Croatan Sound; it is .7 mile from proposed project site. 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. The purpose of the project is to make the two lots suitable for single homesites, specifically so that they will be suitable for the installation of septic tanks. b. New work. C. Private use. d. The purpose of the project is to make the two lots suitable for single homesites, specifically so that they will be suitable for the installation of septic tanks. R 4. LAND AND WATER CHARACTERISTICS a. .7 acre, 180'x168.37'. b. .35 acre, 90'x168.37'. C. Ca. 3.4'-3.6', excluding ditch areas. d. Soil on the tract is Mascotte soil. Over most of the tract, this is covered by a layer of fill material (deposited many years ago), which varies in depth from about 1" deep to about 12" deep. e. The tract is covered by a dense growth of small trees (about 20' high), shrubs, and herbaceous species. Near Amelia Drive, willows (Salix caroliniana) are the dominant tree species. Farther back, pines (Pinus taeda) are dominant. There is a heterogeneous mixture of shrubs and herbs with no dominant species. The following species were identified: Trees (most are shrub-sized) Acer rubrum Ilex opaca Juniperus virginiana Liquidambar styraciflua Persea borbonia Pinus taeda Salix caroliniana Shrubs Cornus stricta Ligustrum sinense Myrica cerifera Rhus copallina Herbs Andropogon virginicus Erigeron sp. Eupatorium capillifolium Hypericum hypericoides Lactuca sp. Osmunda regalis Phragmites communis Scirpus americanus Solidago sp. Vines f . None. Gelsemium sempervirens Lonicera japonica Mikania scandens Parthenocissus quinquefolia Rhus radicans Smilax bona-nox g. Transitional. h. RS8. i_. If the nearby swamp forest were classified, it would be classified SC. The portion of the Croatan Sound into which this swamp forest is connected (by ditches) is closed to shellfishing. j. Not to our knowledge. 5. UPLAND DEVELOPMENT a. Two single-family residences proposed. b. Two. C. Two, 2.87/acre. d. Initially, the addit ion of fill material on the lots will disturb approx. 95% of the .7 acre area of the two lots. No fill is to be placed o n a narrow fringe of swamp forest at the back of the lots. e. N/A. f. N/A. g. No specific plans at this time. h. N/A. i. Sewage disposal will be by means of septic tanks. j. These lots, or more specifically, sections of these lots, are considered by the Health Department to be "conditionally suitable" for installation of septic tanks. This means that they will be considered suitable for septic tanks if a certain amount of fill material is placed on them. In this case, the needed depth of fill material is 19". k. None. 1. N/A. m. Well. n. N/A. o. N/A. 6. EXCAVATION AND FILL INFORMATION a. Fill placed in wetland: Length-170' Width-150-165' b. None. C. N/A. d. N/A. e. N/A. f. N/A. g. N/A. h. N/A. i. N/A. j N/A. k. No. 1. 2000 cubic yards. M. Sand. n. Unknown. o. Yes, fill material will be placed in 404 wetlands. A description of the 404 wetlands was given under Land and Water Characteristics. P. 170'x150'-1651. q. By use of siltation screens. r. Fill will be trucked in. S. No. 7. 'SHORELINE STABILIZATION N/A. 8. ADDITIONAL INFORMATION There are no adjacent riparian landowners. However, names and addresses of adjacent landowners are: Katie W. Williams P.O. Box 755 Manteo, NC 27954 Ricky A. & Karen C. Beacham P.O. Box 1276 Kitty Hawk, NC 27949 Linda Putnam & Lynwood Putnam: Linda Putnam Wingina Avenue Manteo, NC 27954 Lynwood Putnam 9 Michie Road New Castle, Delaware 19720 No previous permits have been issued for work on this tract. .. - - Fo?t R. ft, igih a- 50 •(i 1 ; mss, :'. -X7 „' ' i ? i l? •• ?0, liz?, 01 Sunny Side BR o tor' COUN EGIONAL Al PORT'. V? ?i2 ` ;0 fk1 ower, )I Remo' ,y • _ ( . 2 2 i I Burnside Headq (Historical S ?t I 9 h TE / Maven' \?\\ 4 I Light it 6 ....., ??,? i WiA, Mart e O\ `Well Fields \ LL'1 Site -Turn Best I - l\ Syr - R O ,? [ O K E j S/P43l S l; EET 1 O r S DESIGNED fry PROJEC' N 0nnnnlin 1c?1n?-?rl/RrntA/nY ('itCI 'DaWNf'l .DAT=_ r NOW Or. FOgMIRLY l0 OAA11L. {.6,ThT¦ Ak enR '-N 40. 05.'L` ILI* R ..1 P - - - - - I CIO. o' 40.0' - r P UT v ?----- r C nZ v v I I II ND• II II I r? {? 91 W ? II it ? l I I II 1 I s II ?LCV.1-VKIL I I I ? s•.n.TO? ?? 5400 Ob'W-m tI? _• ..._ 7 t1 t* K .1 U6 V1L WT F t-oo o zor?E.. Arc P.M?I..\A ?E.\C?? ?,? e•r..t.c r?ooo . t3.0' *C,N ^ sue. t1t, Or.Ri es. wna.. y TED MMM: rat •?? ?r?s PR s • " „T SEAL L 1465 him M,?, U) cv ?.____... N 0 Q 1 m^ CD n (n 1 --s \V T 1 C/) v CD A 1 i ?P 0 1 Co N y w O 0 m m D r m a 3 co w 0 7 r_ W v: m a ? 0 m T g w m I cr Q m a 0 0 a v M m x r« a 0 m m 0 a a W a to O 1 N W A Ln I + ! I I I I ? O w Z3 O P7 CD (n Q. CD CD In CCU ,_+ CD O p O - + N W A N z ` ! 1 1 1 1 1 W o ?! o - 0 D, ?o w 0 v w N ? O CL D 3 N w v D D 0 _x w (D n 0 i cf) (D n 0 w U) cD 0 D (fl Q7 0 r 0 .+ -D ,46 slrE DESG?_IPT_IVN Soil on the tract is Mascotte soil. Over most of the tract, this is covered by a layer of fill material (deposited many years ago), which varies in depth from about 1" deep to about 12" deep. The tract is covered by a dense growth of small trees (about 20' high), shrubs, and herbaceous species. Near Amelia Drive, willows (Salix caroliniana) are the dominant tree species. Farther back, pines (Pinus taeda) are dominant. There is a heterogeneous mixture of shrubs and herbs with no dominant species. The following species were identified: Trees (most are shrub-sized) Acer rubrum Ilex opaca Juniperus virginiana Liquidambar styraciflua Persea borbonia Pinus taeda Salix caroliniana Shrubs Herbs Vines Cornus stricta Ligustrum sinense Myrica cerifera Rhus copallina Andropogon virginicus Erigeron sp. Eupatorium capill.ifolium Hypericum hypericoides Lactuca sp. Osmunda regalis Phragmites communis Scirpus americanus Solidago sp. Gelsemium sempervirens Lonicera japonica. Mikani.a scandens Parthenocissus quinquefolia Rhus radicans Smilax bona-nox SNE?T ?? 0F_ 5