19890284 Ver 1_Complete File_19890101

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DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) from

A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
T s office has no objection to the issuance of the permit(s) for the proposed
roject with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are'not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
2 T r after
he proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
No. 1272 issued on November 10, E) No.. 1664 issued on-September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
M

ACTION A TNQ FILE ) D FCAMA40iP PSWD > FORMAT > NRDFCAMA NEXT R CD > 0070'??

TR SEAFO
INITY OD COUNTY, DAR!ii? Wj vom: W.'

ASSIGNED TO: DA .`.--,' jOINT NOTICE:

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CAMA ONL Y: GC: BU LKHEAD DENY: INITI AL REPO RT:

RECEIVIN G STREAM: STU MPY PT. BAY CLAS S: SA BASIN: P AS
COMMENT S:
SITE LO CATED i;'•: 26 ..... M.:. .. SOUT H OF ST UMPY PT..
PROPOSA rI :
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OFFICE OF COASTAL MANAGEMENT Lat:35041150110
FIELD INVESTIGATION REPORT Long:75046125"
1. APPLICANT'S NAME Trinity Seafood
2. LOCATION OF PROJECT SITE US 264 1/2 mile
Dare Countv. NC Photo Ref: 149-407 X-7
3. INVESTIGATION TYPE: DREDGE & FILL X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 8/30/89
(B) WAS APPLICANT PRESENT__yes
of Stumpv Point
CANA X
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 8/30/89
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare
LAND CLASSIFICATION FROM LUP Community
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUPnone

(B) AEC(S) INVOLVED: OCEAN HAZARD
COASTAL WETLANDS X ESTUARINE SHORELINE X
PUBLIC TRUST WATERS _R
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO O THER
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING none
PLANNED none
(F) TYPE OF STRUCTURES : EXISTING Fish house and dock
PLANNED Dock
(G) ESTIMATED ANNUAL RATE OF EROSION 1' SOURCE applicant
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
Spartina alter_iflora _ 50sq.ft
coastal marsh a
(B) NON-VEGETATED WETLANDS:
shallow water habitat 375 sq.ft.
(C) OTHER:
(D) TOTAL AREA DISTURBED: 425 sq.ft.
8. PROJECT SUMMARY: Applicant proposes to bulkhead 140' of estuarine
shoreline an average of 5' waterward of NW1 and construct an 8' X
112' X -9' Dock for off-loading seafood.

Trinity Seafood
Bio Report
Page 2
SITE DESCRIPTION
Applicant currently owns a seafood house located between
highway 264 and Stumpy Point Bay. While the house is in-good
shape, the bulkhead and dock have deteriorated. The eroded area
landward of the deteriorated bulkhead contains 50 sq. ft. of
Spartina alternif lora marsh, 375 sq. ft. of shallow water habitat
and several hundred crab traps. The upland portion of the lot is
gravel and lawn grasses.
The applicant proposes to rebuild 140' of bulkhead in its
present location and also construct a 112' X 8' X -7' dock
adjacent to the bulkhead for off-loading seafood. Two additional
pilings will be jetted in south of the fishouse to provide
additional mooring.
ANTICIPATED IMPACTS
This project will result in the filling of 50 sq. ft. of
Spartina alterniflora coastal marsh and 375 sq. ft. of shallow
water habitat.
CAMA REVIEW
This project is consistent with the Community classification
of the Dare County LUP.
Submitted by: Robert K. Avernethy
September 6, 1989
w
C;(j II
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 TRINITY SEAFOOD
Address PO BOX 663, HWY. 264
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?
BOTH
c. Will the project be for community, private, or
commercial use?
COMMERCIAL USE
City STUMPY POINT State NC d. Describe the planned use of the project.
COMMERCIAL FISH PACKING
Zip 27978 Dayphone 473-1262
X Landowner or Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
JOHN C. MIDGETT
PO BOX
STUMPY POINT, NC 2797
2 LOCATION OF PROPOSED
PROJECT
4 LAND AND WATER'
CHARACTERISTICS
a. Size of entire tract ± 8 , 0 0 0 SQ. FT.
b. Size of individual lot(s) SAME
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
5 FEET
d. Soil type(s) and texture(s) of tract
COARSE SAND
a. Street address or secondary road number
EAST SIDE US 264 AT NORTH SIDE LAKEe.
WORTH CANAL
b. City, town, community, or landmark
STUMPY POINT f.
c. County
DARE
d. Is proposed work within city limits or planning
jurisdiction? DARE CO. PLANNING JURISD.
e. Name of body of water nearest project
LAKE WORTH CANAL
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). BULKHEADING RESTORATION AND
BACKFILLING
OAr JOOC V\
Vegetation on tract
NONE
Man-made features now on tract FISH HOUSE
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
UNZONED
i. How are adjacent waters classified?
UNKNOWN
j. Has a professional archaeological survey been.
carried out for the tract? NO If so, by whom?

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildin?s, facilities, or
structures proposed NON
b. Number of lots or parcels NONE
c. Density (Give the number of residential units and the
units per acre.) . NONE
d. Size of area to be graded or disturbed
- 1000 SQ. FT.
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? NA
f. Give the percentage of the tract'wthin.75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
NONE
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
NA
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? NA
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
NA
j. Have these facilities received state or local approval?
NA
k. Describe existing treatment facilities.
NA
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). WASH DOWN

m. Water supply source PRIVATE WELL
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
NA
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NA -
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-,&KTbicR
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MH.W
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
N .
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance')
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material _
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap ± 140 fee t
c. Shoreline erosion during preceding 12 months, in
feet Shoreline
FOOT
d. Type of bulkhead material WOOD
e. Amount of fill, in cubic yards, to be placed below
meanhighwater ± 165 CUBIC YARDS
f. Type of fill material DIRT
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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, 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:)
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 applicant. (Contact the
U.S. Army Corps ofEngineers 'regardin&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 ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
b. Average distance wfterward of mean high water or
normal water level 10 FEET

N .:STATE OF NORTH CAROLINA
Address 4
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.
NA
A check for $100 made payable to the Department of
Natural Resources and Community Development to .
ti cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
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. 11 3A-1 to 10).
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 3-0.,-.. day of
X -
Land er,or Authorized age
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14
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PAMT,Trn
SEP1989
YP
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION L 9,01
1b
The Department of Natural Resources and Community
Development hereby gives public notice as required by NCGS
113A-119(b) and 143-215 3(a)(1)(c) that TRINITY SEAFOOD of Dare
County, filed an application on August 30, 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 TRINITY SEAFOOD proposes to
bulkhead 140' of estuarine shoreline an average of 5' waterward of
NW1 and construct an 8' X 112' X -9 Dock for off-loading seafood.
A copy of the entire application and additional information
may be examined (or copies furnished upon request anal payment of
reproduction costs) during normal business hours at the office of
Robert K. Abernethy, Division of Coastal Management, located at
Route 6, Box 203, Elizabeth City, N.C., [phone], and/or
the office of Deborah Sawyer, Division of Environmental
Management, NRCD Regional Field Office, Washington, N.C., 27889.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
October 9, 1989. 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. George T. Everett, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
October 4, 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 October 4, 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 request.
PUBLISHED ON: Thursday, September 14, 1989