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HomeMy WebLinkAbout19880149 Ver 1_COMPLETE FILE_19880101RONMENTAL MANAGEMENT lity Section 1988 .r .-rills r .< ommended Requirement for CAMA Permits cLendon and Washington Yacht Club Beaufort County With reference to our earlier comments on the two abject applications, we have reconsidered the recommended condition that live-aboards not be allowed. Both permits should require that there be no overboard discharge of sewage from boats using the marinas. If a requirement of no sewage discharge is strictly enforced through the CAMA permits, live-aboards would not be expected to be a problem in and of themselves. BM/dbp cc: Jim Mulligan d" . STATE , State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary October 4, 1988 Director Mr. Chris B. McLendon 234 W. Main Street Washington, NC 27889 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act. Proposed Marina Expansion-Boat Ramp Chris McLendon - Mark McCoy Broad Creek Beaufort County Dear Mr. McLendon: Attached hereto are two (2) copies of Certification No. 2274 issued to Chris B. McLendon dated October 4, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, ?'ri^a1 Signed By Vw';iiianl C. A4iils Fur R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr: William `Mills Mr. David Owens Pollution Prevention Pats P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-7015 NORTH CAROLINA Beaufort County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section'.0500 to Chris B. McLendon pursuant to an application filed on the 21st day of July, 1988 to expand an existing marina and construct a boat ramp. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Broad Creek in conjunction with the proposed marina expansion in Beaufort County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That a sewage pumpout facility be installed and kept operational at all times. 3. That a locked-head policy be established for the marina and strictly enforced. 4. That signs be posted on the piers advising users of the locked-head policy and the location of the pumpout. 5. That there be no live aboards in the marina slips. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 4th day of October, 1988. DIVISION OF ENVIRONMENTAL MANAGEMENT Criginal Signed By 4','Iiiam C. Mills For R. Paul Wilms, Director WQC# 2274 mss... STATE State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary October 4, 1988 Director Mr. Chris B. McLendon 234 W. Main Street Washington, NC 27889 ` Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Marina Expansion-Boat Ramp Chris McLendon - Mark McCoy Broad Creek Beaufort County Dear Mr. McLendon: Attached hereto are two (2) copies of Certification No. 2274 issued to Chris B. McLendon dated October 4, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, Or° inal Signed By .kvilliarn C. Milts For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 4t , ! -.. NORTH CAROLINA Beaufort County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section'.0500 to Chris B. McLendon pursuant to an application filed on the 21st day of July, 1988 to expand an existing marina and construct a boat ramp. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Broad Creek in conjunction with the proposed marina expansion in Beaufort County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That a sewage pumpout facility be installed and kept operational at all times. 3. That a locked-head policy be established for the marina and strictly enforced. 4. That signs be posted on the piers advising users of the locked-head policy and the location of the pumpout. 5. That there be no live aboards in the marina slips. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 4th day of October, 1988. it DIVISION OF ENVIRONMENTAL MANAGEMENT ()KR,,?inal Signed By ?-' i'•.Ci ifi71 C Mil HIS R. Paul Wilms, Director WQC# 2274 DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section October 4, 1988 M E M O R A N D U M TO: John Parker FROM: ill Mills r SUBJECT: Application! for CAMA Permit Chris McLendon Beaufort County The Subject application has been reviewed for water quality impacts and the following comments are offered: a. The proposed boat ramp does require a Water Quality Certification. A Certification is attached for the project. b. Broad Creek is classified SB waters and has been used extensively as a harbor for recreational boaters. In recent years, the creek has experienced poor water quality conditions such as low dissolved oxygen, algal blooms, elevated nutrient levels and higher chlorophylla values. These conditions have likely contributed to the fish kills and fish disease problems in the Pamlico-Tar River System. We are very concerned that the proposed expansion may contribute to the existing water quality problems in Broad Creek. It would be difficult to predict water quality standard contraventions; however, the potential does exist. C. Should the permit be allowed it will be important to incorporate conditions from the Certification into the LAMA permit. BM/dkb cc: Jim Mulligan NKDAT("i DF/CAMA/401 REV DATE 07/ 27='.3 ACTION f:•jD{! F .. ) a}• ..{^i}`IA'•r . ? e ,.:t=:•.:: ) FORMAT ?i I •44 ii•i NEXT :.,•, •, 00452 ACTION ADD, ::.?`•Ti:::R DATA, I'':?::.;.:.: ADDED .?•::'. 00450 F RD DATA PRO j* , 0 0451 #::' I' : i : ?"?i.:l...?::.1'•211f tN . CHIJ'4:?:,`• COUNTY: tit::A..?Fi,jR T REGION: r,l.. 404 PN: 401 REQ: Y ISSUE: RECEIVED: 880721 .CAMA ON LY: 5' i• DENY: INITIAL REPORT: C:ii::. f2 RECEIVI NG STRE AM: BROAD CREEK CLASS: SB BASIN: TAI:-.-' SITE LOCATED OFF S.. K24 NEAR r•' i .: i:r EXISTING ..... SLIP MARINA PROPOSED 68 NEW SLIPS, BOAT RA MP, SHIPS STORE, NEW PUMP OUT FACILITIES BOAT WILL t' :::1::. 80 K WITH 4 9 FT. BELOW i.W5... TOTAL AREA OF {' :: • .i . WILL ....... APP ROX . } ACRE ADDITIONAL COMME NTS PENDING SI TE VISIT i :.. j j..... .. i.. COPIES: i . . 1 :Oi .... .......... ..... FUEL .}. .4 }:: 160 LF BULKHEAD RECEIVED ! L 13 8 X988 VVATEF (Y'S -7 "ECTIT OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Chris McLendon - Mark McCoy- 2. Location of project site Beaufort County -- Broad•Creek Road, SR 1324,• Broad Creek photo number 12-17-84, 73=577, 5-13, T-13,-U-13 _ 3. Investigation type: Dredge & Fill'' CAMA X 4. Investigative procedure: (A) Dates of site visit 4-18-88 (B) Was applicant present Yew 5. Processing procedure: Application received 7-11-88 Office Washington 6. Site description: (A) Local Land Use Plan Beaufort County Land classification from LUP Conservation Development constraints identified in LUP' None (B) AEC(s) involved: Ocean Hazard Coastal wetlands Estuarine waters (C) Water dependent: Yes X (D) Intended use: Public (E) Type of waste water treatment: Estuarine shoreline Public trust waters X Other No Other Private Commercial X Existing Septic tank Planned Septic tank-sewage pumpout (F) Type of structures: Existing 42 slip marina, travel lift, bulkhead, bathhouse Planned 68 slip marina, ships store, boat ramp, bulkhead (G) Estimated annual rate of erosion 0.0' Source DCM staff observation 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None N/A NSA (B) Non-vegetated wetlands: (C) Other: + 320 sq.ft. + 30,600 sq.ft. Open water (Area consumed + 320 sq.ft. 0,6 0 sq.ft (D) Total area disturbed: - 8. Project summary The applicants are proposing to expand an existing commercial marina by adding a new pier system which will add 68 new slips. Also proposed is a ships store, boat ramp and bulkhead replacement, and fuel pier. 3D L7 " LD -- LV 76° 57' 35" W Environmental settin The applicants own a 230' long by 50' wide lot on Broad Creek in Beaufort County. Located on the property is a 433' long commercial marina pier which has slips available for 42 boats. Also existing on the property is a bathhouse which is served by an existing septic tank, a concrete travel lift, and a bulkhead. The upland areas are composed mostly of gravel parking areas, and lawn grasses. No wetland vegetation is present at the site. The existing pier does not have a pumpout system available for vessels. Located to the south and adjacent to the above described property is another lot 270' long by 95' wide. The property is owned by the Minnie V. Jefferson heirs. Located on this property is a single family frame dwelling, shed, + 52' long private pier, and bulkhead. This property is vegetated by mostly lawn grasses. Project proposal The applicant is proposing the following: (1) Purchase the Minnie V. Jefferson heirs' property to expand the existing marina. When all expansion work is completed an additional 68 slips will be added to the existing pier and the new proposed pier. (2) Replace the deteriorated bulkhead on both properties by constructing a new bulkhead 2' waterward of the existing bulkhead. (3) Construct an 80' long by 15' wide concrete boat ramp. Approximately 49' of the length of the ramp will be located beyond the NWL. The ramp will be constructed near the joint property lines of the properties. (4) The addition of 45' to the waterward end of the presently owned pier. Slips will be added to this 45' extension. (5) The removal of the small private pier on the Jefferson property. (6) The construction of a 60' long by 16' wide fuel pier on the Jefferson property. (7) The construction of a 510' long new commercial pier with 15' long finger piers and tie pilings on the Jefferson property. A total of 68 new slips will be added. This includes the new pier and the extension of the existing pier. (8) The removal of the single family dwelling on the Jefferson property and the replacement of it with a ships store. (9) The addition of a sewage pumpout system to accommodate the existing pier and the new proposed pier. Environmental impact The project will have the following environmental impacts: (1) + 320 sq.ft. of open water area landward of the proposed bulkhead will be filled. (2) No wetland vegetation will be excavated or filled. (3) No excavation will be conducted in Broad Creek. Adequate water depths are available in the vicinity of the proposed piers. (4) Pumpout facilities that are now not available will be added. David L. Gossett - 19 July 1988 - Washington Office 00 \, 0?? ?? r Vstea ?Ol- ele?`slat,° eras e te°'J,se? tl` ess bcat?or c° ct IGoo) '?''s a4e srert P ` cJ?P' `?,te13 11? G°ascG S • 1 19 ease S • 113 ? ??`cat,° G • Gem ? • Q.`'a1??3 x,15 lateal ates S 1 tee`' tk'r Cec, se?erS 1?61'L lce?a?r of ptl` ` of 1,o`)9 ,Ole ?6?0 ??P? a?`rQ,? ?l'r ?atbots Pc ? atets ?avgp S 1 ??? r ate ara ?° ary 1? G GorstNble`?.] at ??e?``ets ?ate?`al `r a???a lp of tell pct overt Sector ?teaQe? o a ? aces • ra°?e as?e Gle r G°astal o ?atJtti O`S ` ecla s? o? the °? ?o?'reer r of ert ?Ur o c?`°r ?s s? ?e4asc a God Se ?l Go,sttvct ar P ? G° Jsces ert ? . S. eevel??4•? Fob Please type or print. Carefully describe all an- d. Describe the planned use of the project. ticipated development activities, including construc- Rent boat slips . ell s i Xa_1_e.5, 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 1-4 and 8-9 must be completed for q LAND AND WATER all projects. CHARACTERISTICS '. I APPLICANT a ??-3° Size of entire tract 1 at-r o heat . b . Size of individual lot(s) N/A a. Name Chris McLendon - Mark McCoy c. Elevation of tract above xnmx)6= exelx m Na- 234 W . Main St. Address tional Geodetic Vertical Datum 4. 5 shin gton State N • C • City Wa d. Sandy Silt . Soil type(s) and texture(s) of tract e Zip 27889 Day phone 946-4924 Landowner or X Authorized agent e. Vegetation on tract Grass, Trees b. Project name (if any ? c f. Man-made features now on tract Boat lift , c. If the applicant is not the landowner, also give Boat launch, Dwelling. Bath house, the owner's name and address. g. What is the CAMA Land Use Plan Classifica- Knwlie Se-f??v-sov? heirs tion of the site? (Consult the local land use Saw?e s Te-FFer so-?-? . e1Ce- co +o r ' plan.) --p?rOc_ j 7 PC ; n e ?_ ? Conservation X Transitional 1-1 a. m? y Vr ?_ 6 Gf Developed Community 2 LOCATION OF PROPOSED Rural Other PROJECT h. is th e tract zoned by local government? N zond ot i. How are adjacent waters classified? SB a. Street address or secondary road number j. Has a professional archaeological survey been Broad Creek Rd . - SR 1 324 carried out for the tract? 'NO b. City, town, community, or landmark If so, by whom? McCotter s Marina, Broad Creek c. County Beaufort d. Is proposed work within city limits or planning 5 UPLAND-DEVELOPMENT jurisdiction? Ao e. Name of body of water nearest project Complete this section if the project includes any Broad Creek upland development. a. Type and number of buildings, facilities, or 3 DESCRIPTION AND PLANNED structures proposed Shi n 2 c Store _ USE OF PROPOSED PROJECT b. Number of lots or parcels NIA 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.) NI A bulkhead, or pier). Marina. Ship's Store, Boat d. Size of area to be graded or disturbed Ramp and Picnic Area. 0.5 acre 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? New Wnrk . sedimentation and erosion control plan been Bulkhead maintenance. submitted to the Division of Land Resources? c. Will the project be for community, private, or N/A commercial use? f. Give the percentage of the tract within 75 feet Commercial of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. 10% max imi im 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 cubic yards None below water level in surfaces. Concrete boat ramp, all c. ? Type• of material other surfaces to be mark or crushedd. Does the area to be excavated include marsh- -. - If applicable, has a stormwater management stone. land, swamps, or other wetlands? No plan been submitted to the Division of En- e. High ground excavation, in cubic yards 35 vironmental Management? N/A f. Dimensions of spoil disposal area N/A i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area Nondescript a hi ' t d/ d water treatment facilities. Septic Tanks, p ore n s s or places aroun s Pump Tanks. h. Do you claim title to the disposal area?_ 'es j. Have these facilities received state or local If not, attach a letter granting permission from approval? Pan to use existing t-a n k s . the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future Septic Tanks maintenance?/ N/A If so, where? N/ A j. Does the disposal area include any marshland, 1. Describe location and type of discharges to swamplland,lor water areas? No waters of the state (for example?surface rLmoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial effluent, or "wash down"). None - 1. high water? No Amount of fill in cubic yards N/A Surface water runoff. m. Type of fill material N/ A n. Source of fill material N/A m. Water supply source Wells o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? N/A tland to be filled N/A f th i Di describe the steps that will be taken to main- p. e we ons o mens tain established public beach accessways or pro- q. How will excavated or fill material be kept on vide new access. N/A site and erosion controlled? N/A o. If the project is on the oceanfront, what will be the elevation above pean 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). 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 None No ne SEE S ET 2 -A Ni ne N ne to V CD r• a N x (D P) a. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Fro nt e nd 1 o a d e r a nd backhoe. s. Will wetlands be crossed in transporting equip- ment to the project site? No If yes, explain the steps that will be taken to lessen en- vironmental impacts. N/A 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap ex i s t i ng - 16 0 ' b. Average distance waterward of mean high water or normal water level 2 f eet c. Shoreline erosion during preceding 12 months, in feet None - property hul khParlPri d. Type of bulkhead material treated wood e. Amount of fill, in cubic yards, to be placed below mean high water 3 3 f. Type of fill material Sandy Loam SHEET 2-A Boat Launch Ramp New Pier New Fuel Pier Extend Existing Pier Chris McLendon Mark McCoy Length Width Depth 80' 15' 3' Max. 510' 5' 16' 60' 45' 5' . 8 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 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 William H. Page Address P.O. Box 1828 Washington, NC 27889 Name Albert F. Pinkham Address Rt . 4, Box 385 Washington, NC 27889 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. No major permits, 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 day of 19 ?S-/ . r X 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. I 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 b c. d. h Check below the type of marina proposed. X Commercial Public Residential Will the marina be open to the general public? Ye s If there is residential development associated with the marina, how many units or lots are planned? No Check all of the types of service to be provided. Full service, including travel X lift and/or rail - existing facility X Dockage, fuel, and marine supplies X Dockage ("wet slips") only Number of slips 68 X Dry storage Number of boats X Boat ramp(s) Other (describe) Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel X Open water, no dredging required Other (describe) Describe the typical boats to be served (for ex- ample, open runabout, charter boats, sail boats, or mixed types). Sail boats, open runabout Typical boat length 30' Maximum boat length 45' Are any floating buildings planned? No if so, describe. is 2 MARINA OPERATIONS a. b. Check each of the following sanitary facilities which will be included in the proposed project. X Office toilets X Toilets for patrons - existing f a c i l i t Number 2 Location Bath House X -Showers - existing X Boat holding tank pumpout Type and location Below ground at end of pier. Describe treatment type and location for all sanitary wastewater. Septic Tanks c. Describe solid waste, fish offal, and trash disposal. Beaufort Co . landf ill d. How will overboard discharge of sewage from boats be controlled? Pumpout, signs, lease agreements. e. Give the location and number of "No Sewage Discharge" signs proposed. Two - at ends of pier. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste, and petroleum pro- ducts. No repair facilities to be provided - restrictions in lease agreement. g. Where will residue be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. One on end of pier Note: Regulatory signs such as these require ad- ditional approval by the N.C. Wildlife Resources Commission. 4 L Give the location of fuel handling facilities and describe the safety measures planned to protect area water quality. Above ground pumps with storage tanks located more than 100 feet from bulkhead. j. Describe design measures that promote boat basin flushing or circulation and reduce water quality impacts. No boat basin . k. What will be the marina policy on overnight and live-board dockage? No live-aboard limited overnight 1. Is the proposed marina located near any shellfish leases? No If so, give the name and address of the leaseholder. N/A m. If this project is an expansion of an existing marina, what types of services are currently provided? Slip rentals; travel lift bath house. n. How many slips are now available? 42 DIVISION OF ENVIRONMENTAL MANAGEMENT September 29, 1988 MEMORANDUM TO: THROUGH: FROM: SUBJECT: Bill Mills Operations Branch, Roger K.Thorpe, W ter Quality Supervisor Washington Regional Office William J. Moore, Environmental Engineer Water Quality Section Washington Regional Office DF/CAMA Review Chris McLendon Beaufort County r fW ., rl `3 3 o is?t?3?3 ;T The project site is located off SR 1324 near Washington, North Carolina. The applicant operates an existing 42 slip commercial marina on Broad Creek. The proposed marina expansion involves 68 additional boat slips with pumpout, a ship's store, boat ramp, fuel pier, and 160 L.F. of bulkhead. Broad Creek is classified SB waters and has been used extensively as a harbor for recreational boaters. In recent years, the creek has experienced poor water quality conditions such as low dissolved oxygen levels, algal blooms, elevated nutrient levels and higher chlorophyll a values. These conditions have likely contributed to the fish kill and fish disease problems in the Pamlico-River system (personal communication with Barry Adams (PERT), Washington Regional Office). It is my opinion that the proposed marina expansion may contribute to the existing water quality problems in Broad Creek. It would be difficult to predict water quality standard contraventions; however, the potential does exist. The Division's position in similar cases has been to approve projects where a contravention of standards cannot be projected. The proposed project appears to fit into this category. WJM:ekw `V .. i?ii?t?c•F?T?r"•? t)!?`??(:.r"?i°ii?r!`•t•i REV '1 ,r•:?..::: 09/29/88 ACTION : IN Q C-•:1:1...1::. ? DFCA rs••i0 i 1''.:sWD %' i"CIRt'tA ) 1`f1•%:C71" CA{' A NEXT i= CD 004 RE:.t»C1RD HAS Tel=.1-:N CHANGED. REC ORD NO 00451 FRD DATA 1 ( u . . " ' 51 1°'i?t:J..J : MC:1_E::NT,?(: N . CHRIS COUNTY: BEAUFORT REGION: 07 ASSIGNED TO: to;..Jl`i wd>,,.- JOINT NOTICE: Y 'T'YPE CERTIFICATION RE::t::C1!°i#ilµN D DATE E YYMMDD 4::+4 PN : 41 !%,i: Q : Y :E::'SUE• Y RECEIVED: 880721 CAM A ONLY: Y GC : DENY: INITIAL REPORT: 88072-7 I7F.'t:;AMA : ,iE::C P : tWPRE: Q : N HOLD: F:Eidr"•tL REPORT: 880929 RECEIVING " STREAM: BROAD {:;Ri :i: V CLASS: SB BASIN: TAI:,.' COMMENTS: SITE LOCATED OFF SR 1324 NEAR WASHINGTO N EXISTING 42 SLIP MARINA PROPOSED stet NEW SLIPS. BOAT RAMP. SHIPS STORE. FUEL FACi.. I 1 ..::.::. 160 1...1" ):i..? ...1••°t. NEW PUMP OUT FACILITIES BOAT RAMP WILL BE 8 =s. K WITH 4 FT. B ELOW NWl... TOTAL AREA OF SITE WILL BE APPROX. 1 AC RE: ( ONE ACRE DEVELOPED; EXCESSIVE FILL OF BOAT RAMP RE QUIRES 401 SEE ATTACHED MEMO COPIES: WAt'at1_°i:::l:::N T RAl...°°i•3.?.1.»1...S.. DC:M 1111(1 3ONYM MAH S3?.L111`,i 8861 9 z i i1 V COA130 8 a V u b vau, uo?(,4d ,? ? ?ro V? aS , a ' sa? sf VyM ?,,? vo, r., 7a`- G Sy2t S i 5 a 1V-? o1 a c,naW05 If S d'J $ f ????D Q a S a l/? J p f. u?' 1 a ay t / ?v IAV5 u`' a JoW ?vtl?A/ ©(A h?5 1 raj ?b ,G f s ti ?a?d a?a "M rw B 12 M ?rf b ?do?J2?? S[ r 8 ?n/ )VO) 00 l( ? r ??c3ly 1. dd, J, ar,o.;C1 sit. ?z??sa,/ •?} (73S0I? a?'© wj?qj o 0U/ hb5 o f 1219 4 dl d Jwo? 57/,/ a Oki vim ;iAa a5Pdo Lld r50tu/t9 4! 7b (u e aj n5 5O y a2.J.) ,17aj rt2 ? (J 1 l M ?? ?d u 1 -? 4l ? ? f47 m ' .a 0N,o 1, b w ?W" $ ,' 9N1d33Ni Mjj: '$ I liAJN.,3n IJd? M 886[ G, N aq IV V v ?U •,,r ,jIjuag jua?aq •? •s,w Y RECEIVED AUG 19 88 WATER ?D C, A C . oo-, n .?? ?? < ?h?.e. came ,?'? Mr. Bill Division P. O. Box Raleigh, Mills of Environmental Management x::7687 N. C. 27611 REC EIVEn ALG 2 3 11988 Dear Mr. Mills: The purpose of this letter is to oppose the request of Chris Mclendon and Mark McCoy of Washington, N. C. to develop in an area of environmental concern of the Pamlico River. The text of this letter is essentially the same as that of a letter to Mr. Owens, Director of the Division of Coastal Management. As a parent of children who use the area of proposed development, I am concerned about the damage from an increasing marginal demand on this limited resource. Any further development should be stopped until enforcement of current laws to protect the quality of water is a reality. Normally, I would not oppose such entrepreneurial development skills and would rely on the market for correct allocation of resources. However, in this case, the small amount of land being purchased for development is disproportionate to the large amount of space being requested for boat slips in the Pamlico River and the decision is not being made in the market place. The major responsibility of regulatory agencies today is to protect the people and their environment. As you know, the quality of the Pamlico River has been declining for some time, and in the Broad Creek area a major portions of this decline must be credited to the increase of boats with overnight capabilities and the lack of law enforcement for these vessels. More study must be given to the marginal damage this proposed development will do to Broad Creek and the Pamlico River, before any decision is made. Sincerely Louis W. Eckstein, Jr. ROUTE , BOX - WASHINGTON. N.C.2720' MR. BILL_ MILLS DIVISION OF ENVIRONMENTAL MANAGEMENT P. RALEIGH, N.C. 0. BOX 7667 i DEAR MR. MILLS: RECEIVED A !.!r I .7 x,88 THIS LETTER IS BEING WRITTEN TO OBJECT TO THE Z_. St_ NG _ A C•; I . h•! i- .. _. }i- -?I___:d_!•_4y"N? O r` ' AND 1: _. .. MR. CN'..kS a = Ik MR. !t-?a+.r?•. I ! _,.,t.: t MARK Mcr',i'.. IOC _ WASHINGTON, N.C. EXTEND _ AN '; ': J ` __ COMMERCIAL PIER AND TO BUILD ANOTHER PIER ON BROAD CREEK IN { r r.A ! Y'-4 COUNTY, UND ERSTAND FROM READING THE APPLICATION THAT THE -. ._ -r-I I' .O 4't__r_ BE ?yO_Y't L- =4.: THE 1'N_-l.:'__%'{f..! _!:'°i ? -!tit: !'?t.?;v!_ i' PARTIES, ONLY, AND IF THIS . PERMIT it SEIZED-. THE CONTRACT BETWEEN HE t°i:kNN E ?EL=i'=k:.ESI.N Hi=IRS AND THE f",L-,1_VE PARTIES LEADS M 7'- BELIEVE THAT THE APP LICANTS ALSO HAVE !'iCvCf•,. Vry I i. L:I i•: ABOU T THEIR !_' O O._-1- BE 03 APPROVED. THE NEW PIER, AS S PROPOSED WOULD NOT RUN PERPENDICULAR !a1Oi!1'I iily TO THE CHANNEL Ur ,. BR n•.+"I CREEK. f-rv.r .1S i PROPOSED. ? T? _- i- 1! ! 7- ?lL;zSL_..! ?I ,I,_..ri.: : AN.-L! BROAD THE i?L_.1_!t.!-?:I ;- F. T , i',:?..(•;!-iF.`E? ?r.M 'i FAMILY ELIMINATE ...._ THEIR PIER ::.., I••9;:3 THEY KNOW r- ` ?' '? r THEIR USE !.a E-• IT NOW. ??'ir-,:,?-r-,I; r:,rll ?i IF THE OWNER P THE LOT BETWEEN M PROPERTY AND THE PROPERTY IN QUESTION DOE TD THE E;; t_'' ' 7 0!.'; PIER >:•.!'1 ! f CONSIDERATION i I i BOAT OWNERS, WE AL R i' - CANNOT PULL TI iwF!1L_L•{F;Er'W INTO OI.iF' F'IE!=; ON WHrt.r-. SKIES. THE NEW PIER WOLiE._D I`iO'+.%_.. THE NO ?''v ... _.._..._ D?! ? O Fa FURTHER NEIGHBORS, TF?_. THE CREEK, WOULD n , HAVE !';..1 ALTER 7It __..I .`: .. WAYS,--;. AND 11, ?• V DOWN q -{ , ., .... ACTIVITIES AS WE HAVE. IT IS t-iY UNDERSTANDING THAT THE LAW STATES THAT PIER3 MUST BE BUILT ''`!=ttPE;'i.i!ICL:!_.f'i?'; TO ILIL_ '_-H'riN!`'IEi_, ,. i!7 ?`=!.:i BELIEVE THE ..._P-___,..__! i-...._.... WI!.._,.._ TO !s THIS I LAW. THE ' INDICATE -H,... CHANNEL, "Ll iE"E".j..Im. ?? '.?..;'-."'i..,:'?'.c'. }_ _ DRAWING DOES NOT . ADHERE POINTING TO THE F i^{Ml_. .!. Ck: RIVER IS PARALLEL WITH THE CHANNEL AS .L HAVE KNOWN IT FOR THE PAST FORTY YEARS. THE F'LAB`! INDICATES THAT A SEWAGE PUMPING SYSTEM WOULD L'."IE : INSTALLED INTO THE EXISTING SEPTIC TANKS. ALTHOUGH THE i'__AW St,luNOT REQUIRE THIS, THE Di ! RECOMMEND THIS BE INSTALLED IN A , FACILITY. Ei-,,. rl.r... 1E:_.. ..,r :- SOIL -.i 'v BEAUFORT COUNTY ACCEPT THIS AMOUNT OF SEWAGE N THE EXISTING FACILITIES? Do FEEL I?O3 THAT WOULD sL'',E USED SINCE THE SAILBOATS ARE EQUIPPED WITH TREATMENT TANKS. CHEMICALS E SUPPOSE O MAKE E LAG PURE IT CAN BE UI"IFED .._rO _?.: RIVERS AND CREEKS. S. HOWEVER, WE WOULD HOPE THEY WOULD FUI :P SEWAGE INTO DEEP, WATER, PEOPLE OFTEN WA.[. PUMP THEIR TANK AFTER THEY HAVE DOCKED AT BROAD CREEK MARINA. THIS ,U ? C•-.-,y -i,??;?•:L.i.J AND FOUR ,.•??T'.I r?ER?i;: - THE BOATS HAVE AN AVERAGE CREW OF SIX, 1!'.:!il OUR ALREADY __i.f.:,!." !'-'L;Mi_. y. C:1 Ri VL.P AND BROAD CREEK. GARBAGE :n?u ! E F_ CONSISTENTLY ?raE I S s T?-IE~'E!?jJi'J I tt?T? j THE WATER FROM F -tar ! THE ?_ Y..'_??d ?`? ., I :- PIC1': U= SOFT ?"RINK AND BEER !Cr-?'ti'S AND BOTTLES, MEDICINE, ROTTEN VEGETABLES, DETERGENT BOTTLES, AND PER FROM M THE SHORELINE •3 J r t a ?'` T !_i F• MY Ny n. rr:r..:. i. '{' HOUSE. THE F'F:=]`F'i7TiAi_.. INDICATES LIMITED OVERNIGHT STAY ONBOARD BOATS :t..;_::.. i HAVE r.EH ADLit S SPENT SLEEPLESS PENT NIGHTS !, THE = NOISE .._:;'1 FRO ALL-NIGHT ALL-NIGHT I.,_HT PARTIES _ :HAVE ALREADY ^At? : t?i BOARD BOATS AT THE EXISTING PIER. MULTIPLY THIS PROBLEM BY SIXTY EIGHT! I HC PEACE PERSON AND WL_It ?I.._..-e_ r N!I`L••. C. TO CALL THE LOCAL SHERIFF TO i1 LOVING - COMMUNITY. THE PLAN PROPOSES A PARKING LOT BUT DOES NOT I```CI!;Ca`I'!° -;-..E 'JI_C°;BER '?I:: _. ? ,O : .. :S1,'HI.S AVAILABLE. ARE SUCH ?'`1. iCH , COMMERCIAL FACILITIES •••; NOT __. `..Jti ...•r:•SA- D THE SAME LAWS AS MOTELS AND HOTELS THEY MUST HAVE A PARKING SPACE FOR EACH ._._! , _ SHOULD PARKING SPACES Vii[}`" BE PROVIDED FOR ' EACH BOAT? JUST LA WEEKEND, THE EXISTING PARKING LOT WAS FULL, AND HALF THE BOATS WERE IN DOCK. CAN THIS NEW PURCHASE ? PROVIDE PARKING PUMP STATION, ..tI_r AREA, F•+-r ?,.4r1?,t.?IC . I°'S TANKS N. AND A ^?" IPS [=lw? LOT, SEWAGE '- STORE WITH ADEQUATE PARKING SPACE? ? HAVE F?.."•I1_3"'1' :_ LEii r A CHILDHOOD DREAM . r.r, BY BUILDING '°i HOUSE ON .: '•.i BROAD CREEK. .. jHtI t I-P.5- '`J SJPROPERTY IN I in !"'!,?i.tJ I 1954, HURRICANE ,•`D AWAY BOUGHT THIS _ AND IN HAZEL i?=???'i::.l.i THE LUMBER HE HAD ! HERE TO B.t'iF'__D Ft COTTAGE. 1'. y'?'f DHL NEVER f FU FILLED HIS =I_LLE. DREAM. PLEASE CONSIDER THE FEELINGS OF MY BROTHER, FILBERT PINKHAM AND HIS FAMILY, As WELL AS MY FAMILY AS YOU STUDY THIS F'F:OPOSAL_ SINCERELY YOURS. BATCHELOF RECEIVE® 'DOTE ., qAL'G 19 1988 AUGUST 1".99 DEAR MR MILL& ;. AM WRITING IN OPPOSITION TO THE PROPOSE] T :1 - - r THE -!='"rE_r?`:_RS: -?r''': PROPERTY ON F:+ -j BROAD L.'Er,._ - .. f??.?:?;_'=!i,- Nc __ i PIER THAT 1.. TO __.._. COUNTY 1? MR. McCLEN2DN AWL { SURE OTHER PEOPLE WILL SPEAK AGAINST THIS ENGE&VOR CR + !:.! .t ONLY WANT TO SPEAK ON TWO !SSUES, FIRSTLY. ., T ,. CAN AND 1 TWAT SHOWS C Y `? READ =+, 11 f UNDERSTAND THE ?':i-!P ."?_..._ ALL ._. .. PROPOSED ACTIVITY. THIS MAP IS jUST NOT CORRECT. 1T DUES 407 TNDT2A7E -WIT 7V'-.r PROPOSED PIER WILL CUT !; ?? , . t i,r FR'O'1?••-'d ! T r _ ..?+ i•- "' _s''d ?. ?..1 r'{iiE?? PROPERTY. THIS 13 - R_. _. _ t FR `"! •_ , _. a: x t r. . IS NOT IN TRUE PROXIMITY TO PRESENT EXISTING STRUCTURES. NETTKER IS "HIS P7E7 RUNNING STRAIGHT OUT TOWARD THE CHANNEL. SF'E'(y!i', N OF PROPOSED PIER RUNNING TC _ _ _ FROM .._ PROOTP7 TO11i-.R_i THE C.-fi-,(afVcL a .. IS _. _'P _.Sc. TO d PARALLEL _ THE - _ _ _ 0 ,. _r. , t'9O'_;.;'-!'-E +r , _ .?..- ... ... : TI iE _-.,`•'..iS'• _NG _E.. DOES .';;_ RUN _ : i°c:!--,..'.7!";, ___... ... .. .._ THE CHANNEL. THE PROPOSED PIER CANNOT P _3+- _ T R l ?'HT OUT TOWARD THE CH "Hr",?=?__ _. _._A='?. r DO 0- _ .. . . l_. THE THIS PERMIT AND ADD INSULT O N._Ur': ± .. SECONDLY, ;~N GOING BACK TO M FIRST REASON FOR -:'' i.`.L 'if..' -. .. ALLOWED, WHAT THIS PIER WOULD DO TO MY PROPERTY ANP 7HE LOT BETWEEN ME PNE T4E jEFFERSON PROPERTY. AT PRESENT, WE HAVE A BEAUTIFUL VIEW OF BROAD CREEP. : CC N7 ;flHN; 1S 'EE':i!''OYED. HL!l"J1.=-'t.:R, IF 1.":i !E".!: IS !'?'t..1.i._..f Y':'t_.L 1 S''.._.._- SEE IS PIER AN-D .. t.'? ; __ AS ! .°i'"`.Sa i; :E7N DID i;iaiTI__ .__ DEATH LAST __r :i.:-? M?, ?,jr*.N.t i.I._ _. .....rF"E.E.. ._ .. .:,. ?_ t.?++ HER E. SAILBOATS THIS IS r' ABSOLUTELY NOT RIGHT. WHY l ±?_ -LL? ANYONE 1 til`3''yl' #; D BE ALLOWED - ..- ? _ ._-__ - ' ?RyEE- THE A -- OF ? NOT MY PROPERTY AND DESTROY MY VIEW'? IN CLOSING. TWO MORE THINGS. _. THERE 1S ANY QUESTION AT ALL ..B!_!`.:. HO-., THIS PROPOSED PIER EFi 441_i.._ RUN ._A:.. AT AN ( ANGLE FROM : THE _.. _ :.;F?;E LINE r+:i ? i C"'.??'_ - ... FRONT - _. THIS .._. ... _..._ !'?' c' ? is T4+dt`1O PROPERTY OWNERS, PLEASE +'r'? SEE. u TRUST THAT T T` COME AND i BEFORE ACTED UPON THAT O OR ONE OF YOUR fu!O• .vRT S WILL !~:..1ME '_?'OWN TO HE 617E AN SEE WHAT I PROPOSED. T 18 UNBELIEVABLE T- ANYONE W r: - DEPRESS -- r,'S 1 BEING ATTEMPTED MERE THIS PERMIT HAS TO BE ACTED ORGANIZATIONS M'r;riE '_!=` OF PEOPLE v,I.N,O CONSIDER ALL THE FACTS AND WHAT IT THAT YOU WILL DISAPPROVE THIS PERM! ON BY SEVERAL GOVERNING ORGANIZA712' ACT IN THE BEST T. !_. WILL DO TO SEVERAL PFCPERTY OWNERS 17 TAS ^FECOMMEND.:.-i?10 TO US BY STATE r.,'-,'•,r, Ti HOWARD CHAP IN, WIFE. .?: ,. AND a T WOULD L,.c T:; _a'Q PUBLIC .. - htE;='t=ri:'?.._ THIS MATTER, - -+. _.;? ! T= '!-:.?'rr E. MY .. •? _. ..?.:._. ? i • !"'i_;%5t_..THANK YOU. SINCERELY. NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Natural Resources and Community Development,_pig?Sq public notice as required by N.C.G.S. 113A-119(b) and 143T2?5 `3(`a?(1)(c) that ChrisIENWAS & Mark of Washington, N.C. filed an application on 11 July 1988 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application the applicants propose to expand an existing commercial marina by adding a new pier system which will add 68 new slips. Other proposals include a ships store, boat ramp and bulkhead replacement, and fuel pier. The site is located on Broad Creek in Beaufort County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management, 1424 Carolina Avenue, Washington, N.C., and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington, N.C. The Division of Environmental Management proposes to take final action on this water quality certification on or before 2 September 1988 The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Mr. David Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 19 August 1988 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 19 August 1988 for consideration in the water quality certification decision. Later comments on the CAMA applica- tion will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 4 August 1988 in Washington Daily News Comments concerning an application:foi State Federal CAMA Permi from ({,? A. PERMIT: X This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions:: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's.or less are not considered significant). That the instream turbidity not be increased.by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a..result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required. for this project. X Certification is required for this project.- Such action to process the certification has been initiated. Proposed Certification wial be acted on 1 7 c -- ?Sa 2 or after G ?L'TT n,6 The proposed project is.certified. under General.Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November-10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. -? WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT (JLLL YZ.kus NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION t of Natural Resources and Community Development hereby gives public notice as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that Chris McLendon & Mark McCoy of Washington, N.C. filed an application on 11 July 1988 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application the applicants propose to expand an existing ccmercial marina by adding a new pier system which will add 68 new slips. Other proposals include a ships store, boat ramp and bulkhead replacement, and fuel pier. The site is located on Broad Creek in Beaufort County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management, 1424 Carolina Avenue, Washington, N.C., and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington, N.C. The Division of Environmental Management proposes to take final action on this water quality certification on or before 2 September 1988 The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Mr. David Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 19 August 1988 for consideration in the CAMA permit. decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 19 August 1988 for consideration in the water quality certification decision. Later comments on the CA11"iA applica- tion will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on -4 August 1988 in Washington Daily News