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HomeMy WebLinkAbout19880158 Ver 1_COMPLETE FILE_19880101.mJ- A DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section May 26, 1988 ker 1 s'? N?t& FROM: Application for CAMA Permit William-Mercer Pasquotank County The Subject application has been reviewed for water quality impacts and the following comments are offered: a. The proposed project does not require a 401 Water Quality Certification. b. The proposed project, if built, would result in a dead-end canal approximately 350 feet long. New Begun Creek is known to experience low dissolved oxygen problems during dry weather periods based on past observations. The proposed dead-end canal would result in a stagnate water situation being created. Such an area is likely to result in waters below the dissolved oxygen standard due to stagnation and absence of flushing. It is quite possible that fish kills will also result in such an area. C. It is recommended that the permit be denied due to potential violations of dissolved oxygen water quality standards (15 NCAC 2B .0200). BM:dkb M E M O R A N D U M T0: Joh Par ill Mil cc: Jim Mulligan MKI?r•^,'T f.) T?E° 1t::`i•tMr•r:'•<3:) •i REV . DATE 05/10/88 ACTION r :I:NQ '3:1...1. r DFCir•tT°iA40i E' ;`WD FORMAT , 'w t••k(?,= i:; i:: i:: r`?! ? } r't NEXT RC D 00380 RECORD 1"Ir°S BEEN t::i"IriNGrE::D. RECORD NO 00379 I::'RD DATA i°=E CiJO : i0; ;'`:>' !°'RCi,.1 : - MERCER, WILLIAM COUNTY: PASQUOTANK REGION: 07 ASSIGNED TO: Eel:sM W?_ JOINT NOTICE: N T:1'PE.: C;ERT3:i°:1:..AT'3:':.N RE::C:`::'MMi..:N..' ..:.._ `:. M:::••.. 40 4 P N 401 Ri:: Q ISSUE: RECEIVED: 880316, t.:AMA ONLY: GC: DENY: Y INITIAL REPORT: 880322 I:}F CAt°iA: Y 'E::C P : SWPREQ: HOLD: FINAL REPORT: 880501:1) RECEIVING STREAM: NEW BEGUN CREEK CLASS: C:; S W BASIN: PAS COMMENTS: SITE IS I...OCrt?E:D NEAR JUNCTION OF :z.R 1 102 AND !`.sR 1103 NEAR ELIZABETH CITY PROPOSAL TO EXCAVATE A CHANNEL 125 r•, •i FT DEEP 'T' I•' RU A WOODED SWAMP; 40 X 60 BOAT BASIN; 20 X 12 BOAT RAMP; A..':'::' LF OF WOODEN BULKHEAD PROPOSED PROJECT WILL RESULT IN A DEAD-END CANAL AP1::=Ri.T X.: 350 FT i... (.? i'• (:; Nt::.W BEGUN C:RE::E:.,: .t.:`_.' KNOWN TO EXPERIENCE DISSOLVED OXYGEN PROBLEMS DURING ..?I•,.=Y: PERIODS; THE PROPOSED DEAD-END CANAL WOULD t.:Al.tSE:. STAGNATE WATER AND RESULT IN !_{ :. t..:. STANDARD VIOLATIONS AND POSSIBLE FISH KILLS APPLICANT HAS OTHER ALTERNATIVES FOR WATER ACCESS RECOMMEND D i s }`=13: t•`••:1... COPIES: {,;i :?•: , ?.? .... t.: t::. 3' : r ?: i?:... 3' j .C. I......:.:......::.: ', leg R m1 MAY 1 83 N?ATE? t)ti/IUTY ? c opCRArj,)?c !?1011V t•t; ' # ° 0 REV DA TE 03/22/88 . t: t ... I: f } }i } ACTION ! 1"rn.+ ni FILE ? j fi.:t"{ 1 # ,••1...f',: },.: ! i FORMAT •. ,,, t•s#SA= ii.:f'7}#;: NEXT ?: P+.a ..!t.! ; ACTION ADD, ENTER DATA, REC . ADDED IS 0 0378 FRD DATA 1.:R,t.:i-..:.i'}f-. . ?.: is }.::. 3_" : i t #' }r:'.?,.. MERCER. WILLI AM ''•(' i :: ... a r ii .: .:: :::'it.i :.)) F'•+:': 1' -. R 0-•41 EGION: ASSIGN {. ..:. LA)??- ' ED t : ... .. i iiv,.: f ...::r {i.; i : y NOTICE: i}:... }t .. #'4 :.:.a t.i .,.i.: 7'i i i CERTIFICATION RECOMMEN D ..... ; ': i'-.ie.... ....._ (? ?i.#?t #•,! 401 RE01 ISSUE: RECEIV ED: 88031 CAMA ONLY: GC: DENY: INITIA L RE PORT: 880322 RECEIVING ST REAM: SITE IS LOCA TED NEAR ... ..! : .. i ... }..3N OF SR 110 2 AND S1": 1103 .....::. ELIZA BETH ... ... PROPOSAL TO EXCAVATE t t CHANNEL ....... .... ?.. DEEP } : k..: .. ?.. ._ ... ....... S WAMP; v : ... .. :..:.: B OAT ADDITIONAL C COPIES: OMMENIS PENDING SITE VIET''s- ????rt CJ I:lUiJ MEMORANDUM L?. TO: BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: March 14, 1988 Attached is an application by WILLIAM MERCER which was received by me on I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. l., yJ`y? h?f TO: BILL MOORE FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: March 14, 1988 Attached is an application by wT1 LTAM MFRrFR which was received by me on 2?(2 b? R8 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. OFFICE OF COASTAL MANAGEMENT Lat: 36 12' 36" FIELD INVESTIGATION REPORT Long:76 09' 36" 1. APPLICANT'S NAME WILLIAM MERCER 2. 3. 4. LOCATION OF PROJECT SITE Route 4, Bo Pasauotank Co., off Newbegun Creek. INVESTIGATION TYPE: DREDGE & FILL_ INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 3/10/88 (B) WAS APPLICANT PRESENT no x .oto reterence CAMA X 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 2/25/88 OFFICE Elizabeth City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Pasquotank County LAND CLASSIFICATION FROM LUP conservation DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP "Land that should remain essentially in its natural state, because the lands ... have;"` natural resources too valuable to endanger"._ (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS PUBLIC TRUST WATERS_X_ ESTUARINE WATERS OTHER (C). WATER DEPENDENT: YES_X_ NO OTHER (D) INTENDED USE: PUBLIC- PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING none PLANNED none (F) TYPE OF STRUCTURES: EXISTING none PLANNED none (G) ESTIMATED ANNUAL RATE OF EROSION none SOURCE 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER cypress-tu ello red-maple swamp .1500 sq.ft. (B) NON-VEGETATED WETLANDS: 8. wi an 2? 2' (C) OTHER: upland spoil area 26,250 sq. ft. upland boat basin 2,000 sq.ft. (D) TOTAL AREA DISTURBED: 30,000 s q. ft. PROJECT SUMMARY: Applicant and -3 ft. deep through a there construct an oblong 4 icant also proposes to cons :round tr^ basi-. proposes to excavate a channel 12' cypress typello swamp to high grour 01x60' boat basin -3 ft. deep. truct a boat ramp 201x12' and bulky 5. N.C. 34, Weeksville WILLIAM MERCER BIO REPORT PAGE 2 SITE DESCRIPTION The applicant currently owns 12.9 acres of high ground and cypress tupello swamp situated on Newbegun Creek and Wilson Creek at the junction of SR 1102 and SR 1103, Pasquotank County, N.C. The area to be dredged consists of 404 jurisdictional wetlands dominated by bald cypress (Taxodium distichum), tupello (Nyssa spp.) and red maple (Acer rubrum). The existing natural slough is approximately 12' wide and 3' deep at Newbegun Creek and gradually narrows and shallows until the curve where it is 8' wide and -1.5' deep. The slough between the curve and its end is less than 8' wide and -1' deep. The basin and spoil disposal areas are all located on high ground in the applicant's yard. The dominant vegetation is lawn grasses. The applicant proposes to dredge with backhoe and dragline through 125' of cypress tupello swamp to a width of 12' and a depth of 31. The applicant also proposes to dredge out of high ground a 40.' x 60' boat basin, install a 12' x 20' concrete boat ramp and bulkhead the basin. No dredging is proposed in the existing slough. ANTICIPATED IMPACTS The dredging of the canal will replace approximately 1500 sq, ft, (170 cubic yards) of cypress tupelo habitat with a 3 ft. deep canal. This canal will be approximately 1.5 ft. deeper than the existing canal which the applicant does not propose to deepen. This activity will also cause increased local turbidity in the slough which should be short lived. No caostal wetlands will be impacted by this project. CAMA REVIEW This project is inconsistent with the conservation classification in the Pasquotank County LUP which states: "The conservation classification applies to land that should remain essentially in its natural state, principally because the lands are fragile or hazardous for urban development or have natural resoures too valuable to endanger." Submitted by: Robert Abernethy Date: March 14, 1988 Please type or print. Carefully describe all 25% ticipated development activities, including const?}c-€q tion, excavation, filling, paving, land clea ng,QdY?ti`' stormwater control. If the requested info not relevant to your project, write N/ not ap- plicable). Items 14 and 8-9 must be completed for all projects. I APPLICANT a. Name A I?IF_ gcG ER Address R+. Box 2.15 City F-6-M 69A Cfv State N, G - Zip 2.7 9 01 1 Day phone 33 0 - yz (- ? ,r Landowner or Authorized agent b. Project name (if any N c. If the applicant is not the landowner, also give the owner's name and address. * 37 S 6? 6 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number Rf !? 13ox 2.ts Nc 3 b. City, town,/'community, or landmark gL;r L. ??V /?G Z79o9 C GSYJ , c. County N k d. Is proposed work within city limits or planning jurisdiction? e. Name of body of water nearest project N? w g? o u N Ci2?6 k 3 DESCRIPTION AND PLANNED' USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, of 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? PA;VA d. Describe the planned use of the project. 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract WA- b. Size of individual. lot(s) Wjn c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract Lb !! n e. Vegetation on tract :T_a ¢.s f. Man-made features now on tract _ N,NE 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? RuRA-L- i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? u/A If so, by whom? 5 UPLAND DE'V'ELOPMENT Complete this section if the project includes any upland development, a. Type and number of buildi gs, facilities, or structures proposed b. Number of lots or parcels &ZA c. Density (Give the number of residential units and the units per acre.) &2 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. #4 g. List the materials, such as marl, paver stone, b. asphalt, or concrete, to be used for, paved surfaces.c. d. h. If applicable, has. a stormwater management plan been submitted to the Division of En- e. vironmental Management? A11,4 f. L Describe proposed sewage disposal and/or waste g. water treatment facilities. h. j. Have these facilities received state or local approval? -4V4 k. Describe existing treatment facilities. i. l• 1. Describe location and type of discharges to waters of the state (for example ?, surface runoff, k. sanitary wastewater, industrial/commercial effluent, or "wash down"). N 1. 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. 0 o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? yam. 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or?fili activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ream , rock jetty) Fill placed in wetland or below MHW Upland fill areas X2,5 Fti d o' o' ??' A t +0 ? ? 2- d d C E f in. n. o. P. q. Amount of material to be excavated from below water level in cubic yards-6-190 t7 d Type of material j" Z5:w-a^1a Does the area to be excavated i clude marsh- land, swamps, or other wetlands? kZT High ground excavation, in cubic yards 271- Dimensions of spoil disposal area 156c 7.3' W $26'1f i6, Location of spoil disposal area D0? o? v ` o you claim title to the disposal area?7.-VAES7 not, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance?V,0!5?s` If so, where? >=R' 4 1,;/ds / &ZA, si7?r-_ Does the disposal area include any marshland, swamplland,lor water areas? 00 Will the fill material be placed below mean high water? No Amount of fill in cubic yards PA Type of fill material- NA Source of fill material NIA Will fill material be placed on marsh or other wetlands? _ 'Dimensions of the wetland to be filled N/-T- How will excavated or fill material be kept on ter? ? .? site and erosion controlled?-) w 13i9fFS a FfIL? CL&Lh r. What type of construction equipment will be used (for example, dragline, backhoe, or . hydraulic dredge)? - 1 R"L; Nk awd 619CUo9 s. Will wetlands be crossed in transporting equip- ment to the project site?.L(P-- If yes, explain the steps that will be taken to lessen en- vironmental impacts. 7 SHORELINE STABILIZAT10 a. . Length of bulkhead or riprap III b. Average distance waterward of mean high water or normal water level NIA c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material 121"h d Wise( e. Amount of fill, in cubic yards, to be placed below mean high water Yee. f. Type of fill material N/1 2 ? I I .. 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 Y2 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 par 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 Mks, 94#4008S Address R} . 4 6&U C 7 79 0 Name NA. ' - C-s-R 65F ?'17;a1: f; Address e D. box f?aS 6L:i-4" C4 A1,C, 27rfo9 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Nl,NQ- 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 'CER'T'IFICATION AND Pt ' S R MI 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 23 day 199X. X ?gct? 4. 9970? Landowner or 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 1 ? ?tfi r r r r 1. 3 w V') V ?``°; SZ I ?? r r ? r y `41 ?. r I r v ? ty ? ! N 0? ? O 6> 4 e 18z? v 9 I i 0 tll? , f r r f r r 1 r 1 i 1 f I r f 1 r r ran ?0mcl COQ b[??1? It - f 7 F m ol? 5.) dh pa UD a 0 a? CaC3C MC:3MbdcOa rlC~t c? b ca ?=?G?c?b r 7 ti I r r Pap ? x 3 ? I °?C f0 (^ A Q r- X z :R- C 0 v f c r s S d 3 IV FLU" n 0 z Al A F I-FS N 0 x T n 0 z E a ' W .. r a _A - r 8 / . eo g 0 w tor ?r cct n o I ? I H n m I I I I I I I l l I I I i I I I I I ?G =1' z d v ?l Q gel 3 ?R kL 0 U 1' b o? s' II" °Q r ? r o L$ ? 5 ©, 35. ?• Ibf r ° N e t,s. ?C D--1 ?V S J` ;-n M DEPARTMENT OF THE ARMY WILMIN TON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 1, 1988 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC088-N-070-0233 APR C 4 ??88 Mr. William Mills Water Quality Section WATER iUAl_f iY SECTION Division of Environmental Management OPERATION North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Mr. William Mercer for Department of the Army authorization and a State Water Quality Certification to excavate a channel, canal and basin and construct a boatramp and a bulkhead off Newbegun and Wilson Creeks in cyprus-tupello swamp, near Weeksville, 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 June 1, 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, Charles W. Hollis Chief, Regulatory Branch Enclosure .- ... •. ...., k -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 Please tylie or print. Carefully describe all - Z 5 ?? d: Describe the planned use of the project. ticipated des;lopment activities, including construc- o 0 tion,(excavation, filling, paving, land clea ng,g?Iti_ € ANA ,=U ±2-- AILWAA-ezt_A C2EAk stormwater control. If the requested info not relevant to your project, write N/A-(not plicable). Items 1.4 and 8-9 must be complete???`?? ; all projects. d 5 1 1 A .l L 'L?1V 1 t $ h` 'sAl+ is 4nti '? TORY BRaK W WAN ize of entire tract Al/a a. Name A A. /)IF RC ER b. Size of individual lot(s) - NIP Address R* • 4. Box 2 iS c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum City ECiz b? f1, C, f,? State ?? d. Soil type(s) and texture(s) of tract m Zip 2.7109 Day phone _33- V?--y Landowner or Authorized agent e. Vegetation on tract :TALC - & b. Project name (if any)-- NA c. If the applicant is not the landowner, also give the owner's name and address. w,rk*3 .3 6 6? a. Street address or secondary road number 94 ? Box 2.l5 A/c 3 * - b. City, town, community, or landmark g.6z46s Gfv Nc.. 27909 Cw kVk c.' County 10?u.o'f'i9u/S d. Is proposed work within city limits or planning jurisdiction? e. Name of body of water nearest project /j/?W ?FO?tN C?2F6/C 3 DtSCfP'I'Ol? ANIJ: PIriTN ' USE OP PROPCAED' PRC JW a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). A/A 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? J??? liJoRk c. Will the project be for community, private, or commercial use? ,J.., PSI yA-/ f. Man-made features now on tract y ",r 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? m1A , If so, by whom? UV, VG ?Wa=bah. fil F1LC? 3?i Complete this section if the. project includes any upland development. a. Type and number of buildi gs, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number o residential units and the units per acre.) &/A d. Size of area to be graded or disturbed N? 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? l?/?A 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. 17 w 9. h. List the paterials, 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 '3P* 170 surfaces. _NO& - c. Type of materials A d. Does the area to be excavated include marsh- If applicable, has a stormwater managemeiat._ land, swamps, or other -wetlands? plan been submitted to the Division of En-- ' '16"-High ground excavation, in cubic yards 1-71- vironmental Management? , £ Dimensions-of spoil" disposal-area "J5o x 7s ?kd ?fo'n io, Describe proposed sewage disposal and/or w , ,? Location. of spoil disposal area " water treatment facilities. eA .Aflb6Y;*A41& 300'ra01 bast,611Dv a AM Y'R0TAJW0 -o you claiiii title to the disposal area?.)A,C k. M. n. Have these facilities received state or local approval? 4/4 Describe existing treatment facilities. Describe location and type of discharges to waters of the state (for example surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). ? a Water supply source 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._rj//.s - ti o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N, b ,?,µhh+' r FLI?? F,V ? '?. ' ` a Ft TION a. Describe below the purpose of proposed excava- tion or M1 activities (excluding bulkheads, 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 ?yo I z ? 0 1 150' 5 150, 10 If n ot, 'attach "a letter granting permission from the owner. L Will a disposal area be available for future maintenance?? ??5r If so, where?AhR 4 ";/s fW6 j. Does the disposal area include any marshland, swamplland,lor water areas? 061 k. Will the fill material be placed below mean high water? M49 1. Amount of fill in cubic yards-P&_ m. Type of fill material MA n. Source of fill material !?/a o. Will fill material be placed on marsh or other wetlands? . p. Dimensions o£ the wetland to be filled NA q. , How will excavated or fill material be kept on site and erosion controlled? f1,qj l'4),V.r A-NJ F,tWZ Ctof x r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c1 R&gL,,vC +kd be c",29 s. Will wetlands be crossed in transporting equip- ment to the project site?-ffp- If, yes, explain the steps that will be taken to lessen en- vironmental impacts. a. Length of bulkhead or riprap Ua.." b. Average distance waterward of mean high water or normal water level VIA c. Shoreline erosion during preceding 12 months, in feet - - 4/A d. Type of bulkhead material T?fFd word e. Amount of fill, in cubic yards, to be placed below mean high water 111-KC f. Type of fill material -.6111 siC ?n, t yAet._o£ previous: fate or federal permits Issued -- ?: ADDITI„'?A? . for work onthe project tract. Include per numbers, permittee, and issuing dates. In addition to the completed application form, the -N-t ¢ 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. 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. 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 MRS, EAN1900 , '? Address R+. It C, 1.790 Name /?1R. ff.e-.. CsRiFF?.y ?17?s1 /{?? 1 Address 00, BOX 1 *&5' ?L; y,?b C.y NC. 2-79.9 Name Address 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). 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 9-3 day of Fe?o 19 ex . X 7,) mot. 9?'Z - _ Landowner or 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. r I i - ? 1 l n + , I' III ' + + + I + , , + t a i 7S ? ? i i r+ I s 0 ? E I , i (? aO f G1 I + ? u ! I + 0 0 T- 4 pi / 5-0 ! -o $ r m -o W CA rr O N P --J5 T z n Z A 0 4 G 3 p b v b b o n ?cr a Q G7p C1 FtL -P6 1- ollr?C/C=oaa[yclC5 d a 0 v op? ? ca c'r? ci ctc?c?t At, i f 3L.?pEEp - - ? x e- all (^ P 0 r1o G z c 0 z c a 7 d n N acv ? d 4- n 0 x A 3IDS A N N 0 x? n z S ! ? a O Z` 3 ?. 1 I H cr) 70 ? I n m I I 6D I 6 I z I m A E ;CZ-) ?b ? r r o ? r JNJ tl Ist } CA ? _ 3 'LT „- r ?Q 04 #41 w '+ ?C/1? tiC C 0 3 J 2 w W,JseN cP"k + 3 F a ? R-F 0 0 3 use , -? r? M ti o7b _?, 70 0 F z N c. 3 '1 rte w ter cmst Gad AR ???T'ieN J to z n ,., '?* a 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 18, 1988 SUBJECT: File No. SAWC088-N-070-0233 Mr. William Mercer Route 4, Box 215. Elizabeth City, North Carolina. 27909 Dear Mr. Mercer: t. 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 15, 1988, for Department of the Army authorization to excavate a channel, canal and basin and construct a boatramp and bulkhead off Newbegun and Wilson Creeks in cypress-tupello swamp, near Weeksville, 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. SAWCO88-N-070-0233 and will be coordinated by Mr. Jeff Richter. He is available at telephone (919) 343-4636. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure ?f -2- .+" r° 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 . s IN REPLY REFER TO Regulatory Branch j4PARTMENT OF THE ARMY TON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 22, 1988 SUBJECT: File No. SAWC088-N-070-0233 -; P7 ?. kf' .' Y 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: Reference the application of Mr. William Mercer for a Department of the Army permit to excavate a channel, canal and basin and construct a boatramp and a bulkhead off Newbegun and Wilson Creeks, near Weeksville, Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letter of April 14, 1988 (copy enclosed), the National Marine Fisheries Service (NMFS) recommended that authorization not be provided due to anticipated adverse impacts on fishery resources. The NMFS' letter recommends that Mr. Mercer consider establishing his riparian access through construction of a pile-supported, wooden pier. We support the NMFS' recommendation. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 343-4636. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure 4 4 IN REPLY REFER TO Regulatory Branch ?OF THE ARMY WIL TON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 284021890 April 22, 1988 SUBJECT: File No. SAWC088-N-070-0233 .5 19' 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: Reference the application of Mr. William Mercer for a Department of the Army permit to excavate a channel, canal and basin and construct a boatramp and a bulkhead off Newbegun and Wilson Creeks, near Weeksville, Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letter of April 14, 1988 (copy enclosed), the National Marine Fisheries Service (NMFS) recommended that authorization not be provided due to anticipated adverse impacts on fishery resources. The NMFS' letter recommends that Mr. Mercer consider establishing his riparian access through construction of a pile-supported, wooden pier. We support the NMFS' recommendation. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 343-4636. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure ,,t•vr -2- Copies Furnished (without enclosure): 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 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