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HomeMy WebLinkAbout19880082 Ver 1_COMPLETE FILE_19880101.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 April 14, 1988 SUBJECT: File No. SAWC088-N-070-0223 Ms. Georgia W. Fox 100 North Dogwood Trail Elizabeth City, North Carolina 27909 Dear Ms. Fox: „? ty ? NT`s AFR 8 '?a8 Reference your application for a Department of the Army permit to construct and backfill a bulkhead on a canal off the Pasquotank River, Pine Lake Estates, Elizabeth City, Pasquotank County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080- N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 343-4636. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Mr. William Mills Water Quality Section Division of Environmental -/ Management Y North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 3CAW 1y4 -. 1X4. \ \ A L _ M p 1c aA'1owe AN. 1?'iiMl f?. 1 t ioA ry /1? M 4.? - t>• lln A ; k 60 ou11 X52, this north centrally been said to be named 6f the House of Orange, front 1689 to 1702. .N what the cdunty was William V of Orange ?; mid controlling the affairs i0k h14 mother Anne, daugh- 111, 111. ,,,. p n.r r •, ... 1 11.0 ` 7 V7' ,!., (.133 i 1. Atc:,1111) uiviues or lurks. Llizabel.h Lily is the county seat and has much to offer. The Swamp Canal forms the county's eastern border; Albemarle Sound the southern border and the Little River makes up a small portion of the western border. ,Pr o)-le r- M -IM 17 G ti K" 70 cowrtr , r.e Mr 00-11, TO o r„ 1,1f ,113} '111 I112 a,/ Q? Till 11 C,,tF,K , . + `illo R FLrt ?? w o\ ' ao c x r ?y ao 44 c i 1 A. Z Permit Class Permit Number {? STATE OF NORTH CAROLINA C4-gg Department of Natural R Community Development 4 V 01 a Majd( nt in' #ionmental Conc° -th. `1$ Excavatioiri`d6gpfi suant to NCGS 113-229 OX Issued to Georgia W. Fox, 100 N. Dogwood Trail, Elizabeth City, NC 27909 authorizing development in Pasquotank County at the Pasquotank River (man-made canal E. 3/1/88 including Off of ). i n Pine Lake Estates as requested in the permittee s application dated attached plats, 2, plan view and location datedreceived 3/2/88. This permit, issued on is subject to compliance with the. application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead will not be positioned farther waterward than an average of 3 feet from the normal water level elevation contour at the time of construc- tion. -- ___ _ {2? _ A?lac? 11 mt2r?;_)_ wi__1_Lbo-_Q4 ta_ned from a _hi gh ground source and.-conf confined -- - - T"andWrd of the= permltted.buTkhead (3) The fill material -wi-T1 be clean and free of any pollutants except in trace - guar?tit es P?tetaT-products--- organic :materials, _or unsightly debris will --(4) -All disturbed areas ..must be properly -graded _and _-a ground cover sufficient-- to restrain erosion be provided within the shorter of 120 calendar or 30 --working days of protect completion. - (5) The permittee, will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee Signed by the authority of the Secretary of DNRCD and or other qualified persons within twenty (20) days of the the Chairman of the Coastal Resources Commission. issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is-inspected for compliance. Any maintenance work or project modification David W. Owens, Director not covered hereunder requires further Departmental Division of Coastal Management - app rov aI.: -- All work must cease when the permit expires on phis permit and its conditions are hereby accepted. December - 3'1: 1991 -- _ In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee r Georgia W. Fox ADDITIONAL CONDITIONS Permit X64-88 Page 2 of 2 is not relieved of this requirement if he abandons the permitted activity ,without having it transferred to a third party. (6)"' Tfre activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978; for bulkhead construction. i 1. IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 1, 1988 SUBJECT: File No. SAWCO88-N-070-0223 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: RECEIVE APR 0 4 1988 MATER QUALITY SECTION OPERAbONS r-r-e" r' R E C E VED MA 1 1988 WATER LITY SECTION OPE ATIO S P-R, r? Reference the application of Ms. Georgia W. Fox for Department of the Army authorization to construct and backfill a bulkhead on a canal off the Pasquotank River, Pine Lake Estates, Elizabeth City, Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead will not be positioned farther waterward than an average of 3 feet from the normal water level elevation contour. b. All backfill materials will be obtained from a high ground source and confined landward of the permitted bulkhead. c. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. d. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he -2- ri ,A, abandons the permitted activity without having it transferred to a third party. e. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 343-4636. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina.. 27909 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Comments concerning an application.. for State Federal CAMA Permits from 169 S f? 1 A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed roject with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project.- Such action to process the certification has been initiated. Proposed Certification will be acted on or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431-issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. / WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT , k;. •? ^ •i • ., D F:. r/ t... ., : t: 0 • R'{ DATE 0 3/ 1 !=']s' ACTION ADD F ILE Df.. C{••#M{.:l::i j 1 # SW FORMAT l ?'„RDF..:i•: M •e NEXT •: t.:?_r . 0030,'' ACTION • ENTER DATA. REC . D:.... IS 00373 S" t :.k; DATA A • S"; l :: ,: •..r ; r P S' •. t.: ,.. FOX. GEORGE COUNTY: P{::i .'•...... .. ! i . .. . REG IO N: 0-,` 4•! "S 'l ?:r i••? .::. A 1 i t.I 'Ira-1 :.r t.:.i. f •: ; NOTICE: S `; # S. P .:;• CERTIFICATION RECOMMEND :.: s•! t :...:.; r F F f ! t; 3.i ;...:: . !.: i••i # ? ? # ONLY: GC: BULKHEADS D E N Y : INITIAL REPO RT : STRE RECEIVING ?..:;•7•..t°i••# -::::o-... ...!f{•?. :... , .. AM: RIVER CLASS: ..,.. ... ? 3• BASIN: 't ,. , COMMENTS: SITE LOCATED A T PINE LAKEN SUBDI VISION 3 MILES N. OF ELIZABETH CIT''.f** PROPOSAL TO BU LKHEAD 468 LF OF S HORELIN!?:.' ONE ACRE OF DEVELOPMENT COPIES: C MIAR 14 11083 V14TER QUALITY S€ i;iR P") GRERMIONS po R w i WpSN'?GTFU 114 Ory OFFtClsl MEMORANDUM 91 8 TO: BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: March 7, 1988 Cnrr 7nAP. Attached is an application by GEORGIA W. FOX which was received by me on 3/2/ 88 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. r > h`QSH?h ?O ?U N OF Fj TO: BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: March 7, 1988 FAST TRACK Attached is an application by GEORGIA W. FOX which was received by me on 3/2/88 I am considering S this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. .4 OFIELO OF REEPORTT Lat. 360 20 ? 22 Long. 76 13 1511 1. Applicant's name 2. Location of project site inn N nnQWnnrf Trail P_ i_n_ ?e FcrareC Elizabeth City; Pasquotank Co., man made canal off Pasquotank River 3. nvestigat on type: Dredge b i 1 Y M 4. anvesti 9ation . procedure: (Al Oates of site visit 02/19/88 (B) Was applicant present 5. Processing Procedure: Application received 3/2/88 OfficeEl i zabeth City 6. Site description: (A) Local Land Use P an - Land classification rom ? -- Deve10 Development constraints constraints identified in LUP -none (B) AEC(s) involved: Ocean hazard Estuarine shoreline Coastal wetlan s Public trust waters ?- Estuarine waters Other (C) Water dependent: Yes 110 X Other (O) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing none Planned none O Type•of structures: Existing none - - - Planned none (G) Estimated annual rate of erosion.-,-less than 1' Source persona1W -- 7. Habitat description: AREA observation (A) Vegetated wetlands: _re ge Pilled (B) Non-vegetated wetlands: ±r Shallow canal bottom 1500 sa, f (C) Mir: ---.--- (0) Total area disturbed: _ 1-500-n•,are fPat? . 8. Project summary Applicant pronoaPt to h„1lboar] 468 of on a man made ranal off tho quota P ' n A. l.ica.nt currently. has a general permit to bulkhead 500' adjoining ttiil,s"?l o`catfbn' -to the eact GEORGIA W. FOX BIO REPORT PAGE 2 SITE DESCRIPTION The applicant currently owns lot 6 and part of lot 7 on a man made canal off Pasquotank River in Elizabeth City, Pasquotank County, NC. The lot is entirely high ground and vegetated by pines, hardwoods, and yard grasses. A wooden bulkhead currently exists on the adjoining western lot and a wooden bulkhead is currently being constructed by applicant's husband on adjoining eastern lot (G.P. #4124-A). The applicant proposes to bulkhead 468' of shoreline along a man made canal, an average of 3' waterward of normal water level. ANTICIPATED IMPACTS The proposed bulkheading will result in the filling of approximately 1500 square feet of shallow water habitat. No coastal wetlands are impacted by this project. CAMA REVIEW The project is consistent with the transition classification in the Pasquotank LUP. Submitted by: Robert Abernethy Date: March 7, 1988 Please tW or print. Carefully describe all an ticipated el'evelopment activities, including co tion, excavation, filling, paving, land clearin an stormwater control. If the requested informati it=is not relevant to your project, write NIA (riot _ plicable). ftems 1-4 and 8.9 must be completed for all projects. too FW d etc 1 APPLICANT a. Narft Addaess/Q.p - City ! i State IV- C. Zip 17'4, ) ay phone 9,19 -12r-of 2 9i' ? Landowner or Authorized agent b. Project name (if any AM c. If the applicant is not the landowner, also give the owner's name and address. f 2 LOCATION OF PROPOSED PROJECT s a. Street address or secgndag road number /ni', A/ 41AA.-60 d /. C. b. Ci , tow 017,ommunity, pr landmark F zyn4w 41- 7' if-21, C. County d. Is proposed work -within city limits or planning jurisdiction? e. Narne of body of water neares project ?ee? grid 4 x/1.6 .y??o 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe .all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? c. Will the project be for community, private, or commercial use? Describe the planned use of the project. ?r dvill %' C'0.4" ?/• 4 LAND AND WATER ff CHARACTERISTICS. a. Size of entire tract ?r b. Size of individual to s) - c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum eP d. Soil type(s) and texture(s) of tract e. Vegeta on on tract .<Z-an- f. Man-made features now on tract a m P 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 c. Density (Give the number of residential units and the units per acre.) 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 Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? 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. . i g. List the materials, such as marl, paver stone, aIt, or concrete, to be used for paved surfaces. h.. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach: accessways or pro- vide new access. 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 r a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NVG Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards . c. Type of material d. Does the area to be excavated include marsh- land, swamps, or other wetlands? e. High ground excavation, in cubic yards f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? t. If so, where? j. Does the disposal area include any marshland, swamplland,'or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o.' Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? 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. t,'-7-SHOR-ELINfE-STAB-1-L-UA-TION- a. Length of bulkhead or riprap ASI b. Average distance waterward of mean high water or normal water level •3 c. Shoreline erosion during preceding 12 months, in feet / OF d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water V'f- Jk'? f. Type of fill material 4 -- JIF ADDITIONAL INFORMATION gR () 2 U-7 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 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.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 -,e Address Name -., Address Name _ Address Z. of previous state or federal permits issued rk on the project tract. Include permit rs, permittee, and issuing dates. A check for $?. made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. d notice for projects in ocean- A signed AEC 2?asl, front and inlet A statement on the u of public funds. If the project involves the , enditure of public funds, at- tach a statement d umenting compliance with the North Carolina E vironmental Policy. Act (N.C.G.S. 113A to 10). F.-9t .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 1 s7 day of/+? 19 ce->?• X Landowner Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. 3 A \?llll I ? v I? 0 d h? ?H t 7tiV '/ a\ ? i O I ? 1 \ I INA a V 00 A~ 4 NAB sticaii?/ uiviues or torks. Elizabeth Lity is the county seat and has much to offer. The Swamp Canal forms the county's eastern border; Albemarle Sound the southern border and the Little River makes up a small portion of the western border. R• c .ill ? la! -!su G ti RF 10 cat"" It, y Yb 1O?r O? . ilw: i?i,tlwl (11. r k I t? 11•P ,? ?ry IM YI J rya 17 llb A ; ` ?a 6Z m7 r? M? • s r s nciA centrally been said to be named the Douse of Orange, d fY'l'1689 to 1702. Imo, wvh` t `the d6unty was W Willien V : bf Orange V coritrolling the affairs i Mq mother Anne, daugh- • `- ..,,(err. it seems rei- a rylp? ? a. µ ? •I \ ?/? o ?' 1117 • Lt•. ?? ??+! 1 lllr M r y IL,c "v ? •O ? \' .1.01. r Lit - l ur i!! "4 n! I1lr ,V IIM ` IIN -1101 t]" J6 IIJI. 114p 11.! . list 1 !t 1 9 nM h 1,1}! \t Maallatt Y 1 .1.!' C \ O? .al?r z A0 ti A 1 ?>h . r ? DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 284021890 March 11, 1988 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWCO88-N-070-0223 Ms. Georgia W. Fox 100 North Dogwood Trail Elizabeth City, North Carolina 27909 Dear Ms. Fox: 5?( On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received March 8, 1988, for Department of the Army authorization to construct and bac:kfill a bulkhead on a canal off the Pasquotank River Pine Lake Estates, Elizabeth City, Pasquotank 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 informed regarding its further management. If there are no unresolved differences in State- Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. 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. SAWC088-N-070-0223 and will be coordinated by Mr. Jeff Richter. He is available at telephone (919) 343-4636. Sincerely, Charles W. Hollis Chief, Regulatory Branch i i 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 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 Ms. Beverly Etheridge, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 March 11, 1988 SUBJECT: File No. SAWCO88-N-070-0223 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 001*1% Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Ms. Georgia W. Fox for Department of the Army authorization and a State Water Quality Certification to construct and backfill a bulkhead off the Pasquotank River, Pine Lakes Estates, Elizabeth City, Pasquotank 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 May 11, 1988, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 343-4636. Sincerely, h s W. lis C ief, Regulatory Branch Enclosure . ...0 1 -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 Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 tiod excavation, filling, paving, land clearin an?1j? F? z k stormwmer control. If the requested informati >?? not relevant to your project, write N/A (riot --W plicable). Items 1-4 and 8-9 must be completed for all projects. . . P ter, ?' , . I ? Please typ or print. Carefully describe all an PAP 2 l86 d. ticipated development activities, including cofl1t .1 APPLICANT a. Name Address/d C i t y l i State Zip 2 Dr/ 115ay phone 919 VZL-ez ? Landowner or - Authorized agent b. Project name (if any) -AZ4 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 secgnd.?u road number b. Ci , tow?? ommunity, pr landmark c. County d. Is proposed work ithin city limits or planning jurisdiction? 46 e. Name of body of water?aresproject ell- 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe _all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier .??.?s? g If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting( project, new Jwork, or both? c. Will the project be for community, private, or commercial use? 7L)7 I:g-lv " 40, 70 Describe the planr Z pprroCj'ect. i fl / oN o MR ncr..i a eTnRY BRA :4 LAND AND WATER LIH ARACTERISTICS a. Size of entire tract ',Z-4c.- e b. Size of individual to s)' ' c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical_ Datum e? d. Soil type(s) and texture(s) of tract e. Vegeta on or? tract ,rir f. Man-made features now on tract awp_ 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 c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? 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. 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 appricable, 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 swamplland,'or water areas? Waters of the state (for example surface 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 r. What type of construction equipment will be be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? hydraulic dredge)? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, N /?- which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 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. `? SHOR'E'LP E STABILIZATION 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 / 11 d. Type of bulkhead material e. Amount of fill, in cubic .yards, to be placed below mean high water f. Type of fill material d 4 _ -rd -Y NVT of previous state or federal permits issued ,ADDITIONAL INFORMA'T'ION 1410 0 2 )11 or k on the project tract. Include permit C3CtA . &urrs, permittee, and issuing dates. In addition to the completed application form, the 1 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. ?f;oa A check for $,i,01made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. ice for projects in ocean- d not A signed AEC ?e`ar front and inlet . An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.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 Aer /Ar /9 f'v7C Address /dd N ,?oyu aDe? 7L, 9a/ Name -.A & X&/ C& e,*Ce j?F- .Irco i T Address .1Q 9: ,Do7cvaad T'4- Name Address A statement on yvironmental of public funds. If the project involves enditure of public funds, at- tach astatement enting compliance with the North Carolina Policy Act (N.C.G.S. 113A ). 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. /?'/1 This is the / P7 day of )And 19?-. X Landowner Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. ?Cj n ??•fff e N?3 :, 3?t 1 0 a d k F . :a 3 i..v ?y aQ 1 `S `a i ?i 4 i 1? ,. stlk:c"M UMUes ur lurks. Lltzabeth Uty is the county seat and has much to offer. a? ""`I The Swamp Canal forms the county's ,y '-- ' """ _ eastern border; Albemarle Sound the southern border and the Little River makes up a small portion of the western border. f 40- Ml .?yl . ?''' ' 1 n /a P \ LM L411 • R 77 .r 1111 !?•o + y C,f tx ,ry ep `? q ^? ? / I 71 1111 17 fir;'{• {J.', ?. M _ ? t in' fl ,? ?, 112E J 1 Mb Mir Rf.? .. 1111 /~ Pj, s A M 1 ? s ; „y MAWAY 2A1 iI 17 E" 1: t Izot : LIZA T CIT •.w ? ; i111?w11 ? '• .. rt ;?i ?• 4 •r • ? ;t?; ' ? :?ul.. d? r IylR I `7 ? • 'A ?IM'r`+r?l "'.?e,+ \ 7. , ly : 1. 1104 u Oft 9 LIN- e w' lia U.S. .GA.& c f, Q? -P 1P Itli ?,,jj 1lM ? .1 111] W • its. % pit 17 L.n J 1111 'p ?S ,01 1-1411 r 11.9 111, 4 1 ? ?r ' ? I Il, 4 11„ l 1 (\ a• 4 tl 1 _ 1 1 ' I III w ? fYv a, ?;'• / 111! ? c• ? County 1 Uoi 1 I J/ ` UU7;. "' 111 is. 1. I \\11 11 )ul X11, n .A q? ` NO .1111 v 1114 \ 11.1 III, 2, this north centrally 11.1 U NE •,1 9 ? ITIa 175 1; ..• y 112, _ ' been said to be named \ ?,1 ?. L_ Llo: [><f the House of Orange, -"' ?' \? 1210 T, ~/li ?./ t • N. from 1689 to 1702. 1142 752P when the county was S ? 7.... ?rv77,... I ;.I L4 , William V of Orange t c 1 I. afid ?' ?11? X1.10 controlling the affairs Al, ILI, hii mother Anne, daugh- 110- j? 4 kf' i' `??1??k 1'02 v 1112 ` '., --