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HomeMy WebLinkAbout19890227 Ver 1_Complete File_19890825MEMORANDUM Y s+a4e v' ?a?C?eS TO: ar er FROM: William T. Hogarth DATE: August 17, 1989 SUBJECT: Swan Quarter Bay/Judith Narrows DMF Permit Application ----- ----- _ - ---Z -vouidie --to .- he - a3no?r__a_ rtatceriiait to plant four sites with tire chips for oyster cultch in Swan Quarter Bay and Judith Narrows. An intermediate investigation will be conducted in a controlled environment to determine the effects on water quality and oyster meat by the proposed activity. Should the concerns about water quality degradation prove to be unfounded, then the Division will proceed with its efforts to assess the suitability of tire chips as a cultch material in various habitat types. /bj cc: Pres Pate DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 SUBJECT: File No. CESAW-CO89-N-048-0434 IN REPLY REFER TO Regulatory Branch August 29, 1989 SEP 1989'-; c.: K L WATER QUAEi; Planning Mr. William T. Hogarth North Carolina Division of Marine Fisheries Post Office Box 769 - Morehead City, North Carolina 28557 Dear Mr. Hogarth: Through coordination with the North Carolina Department of Environment, Health and Natural Resources, Division of Coastal Management, we have learned that you have withdrawn your application for State authorization to place tire chips as oyster cultch in three locations in Swan Quarter Bay and in one location in Judith Narrows, Hyde County, North Carolina. Accordingly, your Department of the Army application has been retired. This administrative action will not be prejudical to any future application you might submit. Should you have any questions or comments, please do not hesitate to contact Ms. Alison Arnold, Regulatory Branch, telephone (919) 251-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 7611-7687. Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Robert F. McGhee, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Terry Moore Washington Regional Office North Carolina Division of .Coastal Management Post Office Box 1507 Washington, North Carolina 27889 -2- w REt_ V C, pAE9 c,., gTfR f _. ning 8, QU,gL/Ty .:::.., ?'its. ,,JF•; r..{ "A - ::. !'r}!..[ ? d.t }.1 '{ j•r ... f:: ... }•.: .... .... ... ••Y S ,• t t.: # .#. ?.! #`. .,. # •? l:: #° .r. ?... ?::. +. :., .: ::.. a:+;:-, .. :•+?5?.. .?' '': i'#:'t .i. ? •• t i t ' 1.. . ! ;• , St?i'4 ._!#..., .tY : #''S :, ;. ::,•• a, :, a•.,..... iY,.`.- t:{#.?::.t''t f°YS3.:r1:: :, :....., t.?r ::•.: ' i':';i t.. f.:};;.: ;. `)-4') k.S6 t'':t..:..: S::.i.:,.?.i j'f : cl f F r:i• r: • .?. t:r S'? i::. ?,? {.? S 1 {.:.:• F 0 . IN L .1. L ` IN #.? f ! 3 Y :' i : f'. {.. .. .;,...,. -?'.>%i:} i-j t.: f•?F „•# F??s ?.? . f 3 3. F. 3... 3't`. 1 : "D 'D A -,Z t . # ...: F••i :. , t..; : k :.: ?::. t.; t.: t't i" k i... t:: i'• t. +, t l . i- ?. 3'•! f•"? #... #': :::. r. l.# Sa, 3 i:? :: ,. ........ } t, .k. 1 •; ..r ,.: k ! a•: 3::. ! F i 3 'J . fir, t.,..•,.... ,S.:• i :.,i ! . 1 k'. tx t.. 1•'i i , #::. " k•'F 3' t.: 5... 4:i ,.:::• ' •`o- f•?F t': 1 ! . .#. #`•? : { f• Y . •.. %J I ,., .,...:. .... ... :.. .. ...:. .... ,. .,.. , #...t.)l.:fs 3 #::.tJ S.i'? :'• ..: :. ., ?s?f'e#`a t.ll.{r:sl't I ::.t°; ;{••Y { ,. a f°Y,:?{? :,t•#ti.i. 3 ;. .. .. ,., #°3 :..:., :. #•• #'t. t.t 1 t. ... ; t ,' i.: , ?.. 3.... k # ? ,... , a ....: r ., .. ,..., 1. t _ \" .- , a }.. ! :! :{ .. •r ... ?', # #" :.t. t # .... , , S f• .. '• 1 "" s .S. 3"# ... ... ...:.. tJ. # '•:? !i? !i? '" ..t !i? ti 1 i "" ' .:; t . } '• " 3::. 3... V . ,.. r.: #" 5::. f .. , i. ' t ' ...:..... 3 ,, •.. } t::. ..`• #"' t } ''C a ' L! L. T J. T I 3 f' t.: i 3'S'.'. t"i ! !'S f°Y {'s t z t.! t"1 t.:t.ri .i.#::._:. tr;f••tS",f,?-••t.:?::.#-? ?•?°. f"3#.......#'# r.#._#...,?.....t?t•.t•t DIVISION OF ENVIRONMENTAL MANAGEMENT July 28, 1989 MEMORANDUM TO: Bill Mills, Environmental Engineer Water Quality Section « /? ? THROUGH: Roger K. Thorpe,`Water to ity Regional Supervisor Washington Regional Office FROM: Deborah Sawyer, Environmental Technician ,, ..4- q4r-? Water Quality Section, WaRO SUBJECT: DF/CAMA/401 Review NCDMF - Swan Quarter Bay Project 100666 Hyde County The above subject project has been reviewed by this office. The proposed project is an application to place approximately 6000 bushels of rubber tire chips _'Mto State waters at Swan Quarter Bay and Judith Narrows. The purpose of the project is to use the tire chips at four (4) sites as oyster cultch. It is the recommendation of this office to deny the 401 Certification due to potential contravention of water quality. The rubber tire chips have a high potential to contaminate State waters with toxic materials. The first assumption for this office is that only non-belted tires" would be used. Steel belted tires would introduce metal contaminants to the water by the exposed belts. If the tires were separated and only non-belted tires were chipped, there is still the potential for toxic contaminants to enter State waters. Automobile tires are composed mostly of rubber (natural and synthetic) and carbon black. The first contaminant effect to be discussed is the potential to release (or discharge) carbon black to the waters. Carbon black is a carcinogenic substance which has been banned by the FDA (Food and Drug Administration) as a food additive. There is a high potential for the oyster to bioaccumulate this substance and present potential health problems from consumption of the oysters contaminated with carbon black. The nonn-belted tires, by assumption of this office, are used or discarded tires. There is a high potential that the used tires may be contaminated with metals such as cadmium (Cd), lead (Pb), nickel (Ni), and zinc (Zn). All of these metals are contained in products used by automobiles. Lead and nickel are additives of gasoline and zinc and cadmium are additives of lubricating motor oils (as antioxidant, Zn, and Cd dithiophosphate), tires (as Zn and Cd oxide. and Zn and Cd diethyl and dimethyl carbonate in vulcanization), and galvanized parts of vehicles such as galvanized tanks. Researchers Lagerwerff and F° -2- Specht (1970) reported concentrations of Cd in lubricating oils,ranged from 0.07 to 0.26 ppm. These researchers also reported. Cd concentrations from several brands of tires to range from 20 to 90 ppm. Much research data is available for metal contaminants on roads and highways. LaBarre, et al., 1973 showed lead levels on highways to range between 86.0 to 113.0 ppm. The potential for used and discarded tires to be contaminated with these metals is high. This Division has water quality standards in estuarine waters for all these metals (Pb = 25 ug/1, Cd = 5 ug/1, Zn = 50 ug/l, AL), Ni = 50 ug/1). The introduction of tire chips produced from used or discarded tires to waters of the State in the magnitude proposed by the NCDMF could potentially violate water quality standards. Also health problems may arise from consumption of oysters grown on these chips due tQ the ability of the oyster to bioaccumulate these metals at a high concentration. The concentration may be high enough to be toxio to humans. Levels of metal contaminants could be reduced by scouring the rubber chips prior to being used, but is is highly unlikely that the metals can be totally removed. Natural rubber has been shown by researchers to contain levels of pesticides such as DDT and dieldrin. Deubert (1970) showed that distilled water left overnight in rubber tubing contained 0.2 ppb of "p,p' -DDT" whereas the water taken directly from the storage tank contained less than 0.1 ppb (BDL). The State water quality standard for DDT is .001 ppb in freshwater and 0.1 in tidal saltwater. There is no wav to determine if any concentrations of such pesticides are contained in the rubber tire unless each and every one is analyzed, prior to chipping. Recent research has shown a potential contaminant to the environment of thiazoles. These thiazoles are accelerators used in the rubber manufacturing industry and are contained in products such as tennis shoes, tires, car seats, furniture, pillows, mattresses, etc. The FDA has already requested that these accelerators [mercaptobenzo-thiazole (MBT)] be removed from the rubber of baby bottle nipples and septa for parenteral injections. There is little federal power, however, to remove MBT from consumer products such as tires. Recent two (2)-year studies in rodents have shown MBT to be carcinogenic - causing leukemia, pancreatic, adrenal, and preputial cancers. The National Toxicology Program concluded that MBT is a level-two (2) carcinogen. This office is not suggesting that there will be thiazoles, such as MBT, in the water column if the tire chips are used as oyster cultch; only the potential for the chemical to be present. A major concern of this office is the lack of any technical data of the degradation products of rubber in an aquatic environment. On July 20, 1989, I spoke with Mr. John Serungard of the Rubber Manufacturers Association in Washington DC. Mr. Serungard searched the Association's files and reported to me that he knows of -no research information which he could send to me to either support or not support the proposal to use rubber tire chips as oyster cultch. .* r -3- Mr. Serungard said there may possibly be some information available in the future, though, of degradation products in wasting used or discarded tires. There is a broad spectrum of chemicals which are used by the rubber industry. The basic materials used in rubber compounding consist of the following: 1. elastomers: natural or synthetic rubber 2. fillers: e.g., China clay 3. antidegradants: antiozonants, antioxidants 4. vulcanizing agents: e.g., sulfur or sulfur cloners, organic peroxides, phenal resins, metal oxides 5. accelerators: dithiocarbamates, thiurams, benzothiazoles, guanidines 6. retarders: e.g., organic acids, N-netrosodi-phenylamine 7. reinforcing agents: e.g., carbon black 8. pigments: inorganic pigments, organic dyes and lacquers 9. processing aids: e.g., n.neral oils, solvents, talc 10. activators: e.g., zinc oxide 11. blowing agents: e.g., azolisformamide, benzenesulfonylhydrazide There is no technical data to show this Division that the materials used to produce rubber tires will either not biodegrade or if they do, are not toxic to the aquatic community or human consumers who may ingest the contaminant through the food chain. Under the regulations of 40 CFR, Ch. 1, Part 230 - Section 404 (b)(1) Guidelines for specification of disposal sites for dredged or fill material, Subpart A-General, 230.1 states "Fundamental to these Guidelines is the precept that dredged or fill material should not be discharged into the aquatic ecosystem, unless it can be demonstrated that such a discharge will not have an unacceptable adverse impact either individually or in combination with known and/or probable impacts of other activities affecting the ecosystems of concern." Section 230.5 (h) of the same regulations in 40 CFR Ch.l states that the fill material should be evaluated prior to discharge to State and Federal waters. The regulation states the permitting authority should "evaluate the material to be discharged to determine the possibility of chemical contamination or physical incompatibility of the material to be disharged." The NCDMF has not supplied information concerning contaminants to this Division to support this activity. It is the recommendation of this office that the NCDMF possibly consider a small pilot study performed in a controlled environment. Much technical data will need to be acquired before this office could recommend such a vast project. NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELopmENT PERMIT AND WATER QUALITY CERTIFICATION The Department 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 the N.C. Division of Marine Fisheries of Morehead City, N.C. filed an application on 30 June 1989 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 Division of Marine Fisheries proposes to plant four experimental sites with 1000 to 1500 bushels of tire chips to use as oyster cultch in Hyde County, with three sites in Swan Quarter Bav and one site in Judith Narrows. 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 25 August 1989 The issuance of the CAMA Major DevelcipTent 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. fi t, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 16 August 1989 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 11 August 1989 for consideration in the water quality certification decision. Later comments on the LAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 27 July 1989 in Beaufort-Hyde News DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concern ng an application for State Federal CAMA Permit(s) from r r / i r:rL ? A. PERMIT: his 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. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certificat on 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. 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. bl? WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT NKDATf.''i DF /CAMA/40 i REV DATE 07 /11/89 ACTION !NO FILE ! s.?'," {..: i.:5MF.:j ::r .. t ?",`:. tti Li ,% FORMAT (:?; f1 -• { :"Y`^'.:5 ;•:?;.. RC D !•:?t;l #'S '=; } ?tri ENTERED [ f?••?.S. DATA, RECOR D .?. r.i N IS O 00666 ( F RD )JF.:S1f"i +: i. t•a i:T ,till liSj.j ?ter RO:.. N..: { 1#•r? .. .... + {f. F'{?''i QUARTER BAY COUNTY: HYDE REGION : l..l. ASSIGNED iO t.Tr'S ,.111IE',1i {'°O?I#...:E: Y TYPE CER TIFICATION ?°t?::.!.:ts?"?#"?i::.N D 3?t.'rt•1E... ;f;"{''?: D CAM A ONLY: ?:!#... : DENY: .?.?,`t I T ?. i-??... REPORT, •::±':''isi?t': i t.t`.. /C .: x v : :.'; I::.... .. 't E;.1'?•' 1'? 1:: Q : !--10 1 1.1 : : • FINAL RE PORT: RECEIVING STREAM: SWAN QUARTER BAY CLAS S: ... BASIN: , _ . COMMENTS: SITES LOCATED .i.t•=. ,. 1;;;y..?{:) QUARTER ;;F::;Y At''-t?.? jUDITH NARROWS PROPOSAL TO PLANT e, ...t EXPERIMENT AL SITES ... {..j . ?'ca.? l , 1000-150 0 BUSHELS PER . ,.. ,.r.{.. •E O F a. ?.;: l". CHIPS TO USE AS OYSTER CULT CH HOLD FOR TECHNICAL INFORMATION COPIES: WARC)-(IE14TFIAL.-IIIL.LIP-K)Cti h-1kF 198 n ?c Memorandum WASH NGTONEOFFICE JUL 10 1989 D. E M. To: Jim Mulligan LQ From: LuAnn Bryan Subj: Application for CAMA Major Permit and/or Dredge & Fill Permit N.C. Division of Marine Fisheries Hyde County Date: 7 July 1989 Attached is an application for a CAMA Major and/or a Dredge & Fill Permit which was received by me on 30 June 1989. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. e4??,a $rAiF o? WASH N? OINEFFICE JUL 101989 D.EM State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street s Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary 7 July 1989 Mr. R. Paul Wilms, Director Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: The attached copy of an application submitted by: George T. Everett Director N.C. Division of Marine Fisheries _ Applicant's Name Swan Quarter Bay/Judith Narrows Hyde County Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than 28 July 1989 Sincerely, h R. Parker, Jr., Chief Major Permits Processing Section JRP: a1):2480 P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative A.tion Employer State of North Carolina r Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street e Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary 7 July 1989 Mr. R. Paul Wilms, Director Division of Environmental Management Raleigh, North Carolina 27611 Dear Hr. Wilms: The attached copy of an application submitted by: N.C. Division of Marine Fisheries George T. Everett Director Applicant's Name Swan Quarter Bay/Judith Narrows Hyde County Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than 28 July 1989 Sincerely, R. Parker, Jr., Chief hf PIajor Permits Processing Section JRP: al) : 2480 P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919-733.2293 An Equal Opportunity Affirmative A, rion Employer ° .,- Mayo-Judith ?,?...,?.,.. ..? ...,.?..?..... _.. 76 24 30 Narrows FIELD INVESTIGATION REPORT Long: 76° 20` 54" SQ Bay 35° 21` 00"/76°.18' 20" i? 55° 21' 40"/76° 20' 30" 1. • APPLICANT'S NAME N.C. Division of Marine Fisheries 2. LOCATION OF PROJECT SITE Hyde County, Swan Quarter Bay and Judith Narrows no photo reference available 3. INVESTIGATION.TYPE: DREDGE & FILL X CAMA X _ 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT (B) WAS APPLICANT PRESENT 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 6-30-89 OFFICE Washington 6. SITE DESCRIPTION: (A)- LOCAL LAND USE PLAN Hyde County LAND CLASSIFICATION FROM LUP Conservation DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP Development in th estuarine system should h? restricted to such uses as piers, bulkheads, marinas, and other water dependent uses. Hyde County will promote the conservation and management (0-\,7M) (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL. WETLANDS PUBLIC TRUST WATERS X :=t,ARINE WATERS X OTHER (C) WATER DEPENDENT'': YES X NO (D) INTENDED USE: PUBLIC X PRIVATE X COMMERCIAL (E) TYPE OF WASTE WAT_ER.TREATMENT: EXISTING N/A PLANNED N/A (F) TYPE OF STRUCTURES : EXISTING . None PLANNED 4 tire chip areas each 200' x 100' (G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER (B) NON-VEGETATED WETLANDS: Sound bottom 80,000 sq.ft. . (C) OTHER: (D) TOTAL AREA DISTURBED: 80,000 sq.ft. 8. PROJECT SUMMARY: The applicant proposes to plant four experimental sites with 1000 to 1500 bushels of tire chips to use as oyster cultch in Hyde County. - with 3 sites in Swan Quarter Bay and one in Judith Narrows. 6.A. Continued: of public trust areas. Appropriate uses which protect public rights for navigation and recreation. directly or indirectly block or impair existing navigation shoreline erosion, deposit spoils below mean high tide, ca circulation patterns, violate water quality standards, or, of shellfish waters, shall generally not be allowed. include those Projects which would channels, increase :se adverse water ause degradation Environmental setting e? The N. C. Division of Marine Fisheries (DMF) is applying fora permit to conduct four experimental sites where tire chips will be used-as oyster cultch material. These four sites are located in Hyde County near Swan Quarter in Swan Quarter Bay, with one site being located at Judith Narrows. The Judith Narrows site is deeded oyster bottom, held by Mr. Gary Mayo, who has granted the DMF permission to plant tire chips as experimental oyster cultch material. These sites are located in water depths which vary from four to seven feet. The waters of all four sites are classified as SA by the Division of Environmental Management. Two of the sites are located in secondary nursery areas and one in a trawling area as designated by the DMLF. Project proposal The DMF proposes to plant tire chips to be used as experimental oyster cultch material through its Oyster Rehabilitation Cultch Planting Program. The proposed plots are approximately 100 feet by 200 feet in size, with the tire chips to be placed.one foot deep over the area. The four corners of the sites will be marked using 4" x 4" posts with appropriate signage. The DMF proposes to place 1,000 - .1,500 bushels of tire chips at each site usine.a the barge, i?/V Shell Point. The barge will transport the chips and discharge them using a high pressure stream of water. Monitoring of the four sites will be conducted by the DiMLF. Each site will be monitored during regular cultch monitoring activities. This will include the towing of a 75 pound oyster dredge through each experimental area to collect 30-40 tire chips for oyster spat attachment inspection. In an effort to determine chip movement, several tows will be made around the outside of the plots at 100 foot intervals, working progressively outward until no tire chips are collected. Environmental impact The project as proposed will result in the initial or immediate filling of approximately 80,000 square feet (20,000 sq.ft. per site) of estuarine bottom with 4 to 6 thousand bushels of tire chips (1,000 to 1,500 bu./site). However the relative buoyancy of the chips in water makes the total area to be affected beyond initial placement impossible to determine. The activity as proposed will also result in a small discharge of dust-like rubber particles associated with the shredding or chipping of the tires. LuAnn Bryan - Washington Office - 7 July 1989 O ?ec?vo O ??? ova N ?O ?NSte ele?'Sla?,°? I-S oS eteAv? `eCSJ? c° fir' ? Pc 5? ??iv?^ S 0 G• r vIX,« TtQ 1r-?'??U<?e4?' 2e`,eeSSe?v r' ?se?eS?1?6.iti ss`ee?ao4t of ?1S?9 GG ?a011, 6 ? ??P? ?,o? e?12+te?atbo PG o r??? ? 5 ? FAO 9?ea ' ab1 a? g m r•Gov?e? eve oOs? Oset See??° 4tea?oS?ye a?`?a` SCO, cs$ S P?c•? ?9,5?? • « Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9- must be completed for all projects. 1 Applicant . a. Name NC Div. of Marine Fisheries Address P. 0. Box 769 City Morehead Cty. State NC Zip 28557 Dayphone (919) 726-7021 Landowner or Authorized agent b. Project name (if any) If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? new project c. Will the project be for community, private, or commercialuse? public use except those ti: chi's put on Gar Ma o's subm r ed lai claim which shall become his prop erty a ter sampling has been completed. d. Describe the planned use of the project. public research 4 Land and Water Characteristics Size of entire tract Mayo deeded bottom 177 ac 3 other sites each approx. 1/2 acre Size of individual lot(s) 1 a. c. If the applicant is not the landowner, also give the b. owner's name and address. Deeded Bottom Owner - Gary B. Mayo C. Elevation of tract above mean sea level or National Geodetic Vertical Datum N/A d. Soil type(s) and texture(s) of tract N/A 2 Location of Proposed Project e. Vegetation on tract None a. Street address or secondary road number N/A f. Man-made features now on tract None b. City, town, community, or landmark g. What is the CAMA Land Use Plan Classification of Swan Quarter, NC the site? (Consult the local land use plan.) c. County Hyde County X Conservation Transitional d. Is proposed work within city limits or planning Developed Community jurisdiction? No Rural Other e. Name of body of water nearest project h. How is the tract zoned by local government? Swan Quarter Bay, Judith Narrows N/A 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). experimental planting site for the Oyster Rehab.ilitation Cultch Planting Program Div, of marine Fisheries i. How are adjacent waters classified? SA j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 1 . , a nor ? e 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildi gs, facilities, or structures proposed N I b. Number of lots or parcels ?1 t c. Density (Give the number of residential units and the units per acre.) N I ? d. Size of area to be graded or disturbed N? e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? N i f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surface , such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. SIN h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management?., -,I- f t;k- i. Describe proposed sewage disposal and/or waste water tre tment facilities. ?lN j. Have these facilities received state or local approval? 11? k. Describe existing treatment facilities. NlI \- 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary - wastewater, industrial/commercial effluent, "wash down"). Q I N- 2 m. Water supply source h7 I ?_ n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach ways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N X 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or 0? VL) Boat basin Other (hreak- water-gieT7 fire boatT=p, chip reekjeWf) Fill placed in wetland or below MHW Upland fill areas Length V,'idth Depth 200' 100' b. Amount of material to be excavated from below water level in cubic yards N/A c. Type of material N/A d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards N/A 4/89 6 ' f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in N/A feet WiA g. Location of spoil disposal area N t h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? N/A If so, where? d. Type of bulkhead material N I A e. Amount of fill, in cubic yards, to be placed below mean high water t`..i I A - f. Type of fill material . N t /?- 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or water areas? ing items must be submitted: N? k. Will the fill material be placed below mean high water? Yes 1. Amount of fill in cubic yards 70 m. Type of fill material Tire Chips n. Source of fill material Out of State o. Will fill material be placed on marsh or other wetlands? No p. Dimensions of the wetland to be filled N/A 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 forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? See attached proposal for monitoring, r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? barge s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N1 R b. Average distance waterward of mean high water or normal water level N1 ?c 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 18 high quality copies are provided by applicant. {Contact the U.S. Army Corps of Engineers regarding 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 personnel 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 comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. A x,A rC ' Name !Address Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Department of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. 9 CERTIFICATION AND PERMISSION 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project. This is the 2_7__day of X ?? b?4sa?r Landowner or Authorized agent A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance,with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 4/8) r a i stir a x? MZ1 % { .: _ _:, Js. ??i0 X13 -•.0t2., !?!//I'IIIIIIIIt`tt\ ? OS .. ????\ _ _. >?i a; s ?t r o? °li 3/d????t s ` i zost ?\?\\ a r i7W Al `':) ?. ;nt-?. r:•.?? :A `t a`:z ?0///I!!!ij ''e'['. y ?.,,,, _... ?,.a\\?I?,`..r ...?R'n+'y' {,:.., -a ,. . _.,e.t tc,`..,ao,a+`s- i.,?,??... y 4 ? :. r- Sr..s3.•: ? // I%ll jl? ?a? 11[11,111 .. r Via.; ,yec, r .a• ,?? •? .f? ..u / ;? 1 1111?11111{111? _ .L 4 PROPOSED EXPERIMENTAL PLANTING SITES FOR % TIRE CHIP MUCH ?' ' 3819 -#." a :?' •6 :•'???::::'? , ' i r , ? T. 4 ?7: W , y 3 Sites - Various Locations in t ( Y A'? .1YI t to Swan Quarter Bay 1 Site - Deeded. Bottom in - 4 +m a{tolvp b i ° Judith N ?+ 1 O +A arrows IyE f R ,K sa* r ...- s 4 t rya c G 4sec 73ft ; 1 ^r'xmA .•rt i 'm g: , 4 r? 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