19900123 Ver 1_COMPLETE FILE_19900101

PO Box 128
Newport, NC 28570
September 14, 1990
G. Wayne Wright
Chief, Regulatory Branch
Corp of Engineers
PO Box 1890
Wilmington, NC 28401
Dear Mr. Wright:
SEP 1990
o kt.L;`J <7
`HATER QUALITY
cQ Planning Branco- . f

This is in reference to your letter requesting additional
information on my permit application concerning my proposed
work on Clubfoot Creek, Craven County. I will attempt to
answer your questions as they were listed in your letter.
a) There is NO alternative for the proposed excavation work.
As you know, I am proposing to maintain an existing boat basin
which has filled in. Bulkheading has been designed to avoid
all but a small amount of marsh within the basin.
b) I have minimized wetland loss. I have limited the marsh
fill to only one area where a bulkhead is proposed. This
area is eroding badly. The other areas along the basin are
not eroding and consequently I am not proposing to fill in
any of the marsh along the sides. Also, I am not proposing
to excavate any of the marsh within the basin and only a min-
imum amount at the mouth so that a boat can get into the basin.
c) I am not proposing to mitigate for the loss of any wetlands.
As you know, I received a federal permit to excavate this
basin into my property. Since that time, a significant amount
of wetlands has established within the basin which I am not
attempting to excavate as maintenance. The increase water
flow into this basin after excavation should enhance this
marsh and allow for more wetland areas to naturally establish.
I hope this has answered your questions. If you need any
additional information, please contact me.
Sincerely,,,
Tom Te le
cc: William Mills
Div. of Environmental Management
PO Box.27687
Raleigh,NC 27611-7687
a
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concern-ing an application for State Federal CAMA Permit(s) from 1?;r(
.f 1."%?'i1l/!.`.-L.f !.ti`r_(A f / %Z 1.?.. ?.'?•?G`

A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
his 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
Certification will be acted on
or after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25,
1977, for sewer line construction
No. 1272 issued on November 10,
1978, for bulkhead construction.
C) No. 1273 issued on November 10,
1978, for discharges of liquid
effluent from diked upland disposal
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
F) No. 1665 issued on September 19,
1983, for incidental bridge
construction.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
LAMA MAJOR PERMIT APPLICATION REVIEW
PROJECT N E: 1
COUNTY: PROJECT #:
STREAM OR ADJACENT WATER BODY: 6*"
BASIN: Neci OPEN OR CLOSED:
Al Y OR )
STORMWATER PLREQ'D: (
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: k?
_ CLASS: sdW"
FOR SHELLFISHING)
i v *' A : -z r-' X..
ASSIGNED TO: AU.,
$/ (YY//DD) JOINT NOTICE (Y/N)
DATE APP. REC'D.: 00
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION: ?? Jr
FINAL REPORT: (YY/MM/DD) (ISSUE/DENY/0TH .?
WATER QUALITY CERT. (401) N ktsFP1990
CERT. REQ'D: (Y OR N)
IF YES: G NERAL CERT: (Y OR N) c 97?? ?.
TYPE GEN : t? LZ`n?c (INDIVIDUAL CERT :
(BULKHEAD, BOAT RAMP, ETC.) SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: .4--(If'1-14
( ISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND : P-00
IS FILL ELIMINATING A SIGNIFICANT US ,. _(Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? _tJ_(Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? 4 (Y OR N)
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
CLOSURE OF SHELLFISHING WATER:
(ATTACH A MARINA
USE ATTAINABILITY EVAL.
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: Mills - Central Files - DCM: J. Parker, Morehead City,
Washington, Elizabeth City
1.
2.
3.
4.

DIVISION OF COASTAL MANAGEMENT Lat:34054136"
FIELD INVESTIGATION REPORT Long:760451431t,
* * ? ? * yin•
2?Tp`?Gr
APPLICANT'S NAME Tom Temple O 20?
LOCATION OF PROJECT SITE North Harlowe Clubfoot Creek SR 1714` x`1, '
Craven County; *SEE 1984 AERIAL PHOTO 45-307 G,H,13,14; 1989 PH
144-1. R 21-22.
INVESTIGATION TYPE: DREDGE & FILL_
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 6-6-90
(B) WAS APPLICANT PRESENT YES
5. PROCESSING
X CAMA X
7-12-90
YES
REVISED: 7-27-90
APPLICATION RECEIVED July 17, 1990
OFFICE Morehead City
6. SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN Craven County
LAND CLASSIFICATION FROM LUP Transition/Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING septic tank
PLANNED NONE
(F) TYPE OF STRUCTURES: EXISTING private dock
PLANNED mobile home
(G) ESTIMATED ANNUAL RATE OF EROSION 1' r SOURCE observed
7. HABITAT DESCRIPTION:
dredge for access channel &
basin, Scirpus spp.(Bulrush) 500 sq.ft.
fill behind bulkhead
(Scirpus spp.)
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
200 sq.ft.
(B) NON-VEGETATED WETLANDS:
dredge access channel
& basin 4550 sg.ft.
riprap 125 sq.ft.
(C) OTHER:
spoil disposal area 8400 sq.ft.
(D) TOTAL AREA DISTURBED: 13,775 sq. ft.
FIELD INVESTIGATION REPORT - TOM TEMPLE, CRAVEN COUNTY
PAGE #2
8. PROJECT SUMMARY: Maintain access channel 40' long x 20'
wide x -4' deep; boat basin measures 1351, long 20-35' wide
x -4' deep; construct a 25' long wooden jetty on the north
side of the access channel; 25' rock riprap on Clubfoot
Creek; and, 70' bulkhead along south side of boat basin with
backfill.
9. NARRATIVE DESCRIPTION: The applicant's property is located
near the community of North Harlowe, near the end of SR
1711, on Clubfoot Creek, in Craven County. Directions to
the property would be: Go from Havelock, take Hwy. 101
south, turn left on SR 1711, go to 900 turn, almost to the
end of the road, the property is on the left. The applicant
in 1975 was issued Permit #93-75 to excavate a boat basin
into a low area within his property with an access channel
in Clubfoot Creek. Since that time, the channel has
shoaled-in and an abundance of bulrush (Scirpus spp.), or
three-square, has established itself at the mouth of the
basin and made it unusable. The property is characterized
by native plants and trees on highground going down to the
shore where a 0-20' fringe of Spartina patens, Juncus
roemerianus and Scirpus spp. are mingled in. The applicant
has constructed a small dock out in front of his property
for his private use. A well and septic tank have been
installed on the property-also. There are no other
structures on the property at this present time. Clubfoot
Creek is designated as 'SA' by the Division of Environmental
Management and is open to shellfishing.
The applicant proposes to maintain the access channel and
boat basin. The access channel would measure 40' long x 20'
wide x -4' deep, with the basin measuring 135' long x 20-35'
wide x -4' deep. Approximately 500 sq. ft. of bulrush marsh
would be excavated by this project. The applicant also
proposes to construct a bulkhead along the south side of the
basin for a distance of 701. This would fill in
approximately another 200 sq. ft. of bulrush marsh. The
applicant proposes to construct a 25' wooden jetty on the
north side of the access channel. The jetty would be
free-standing and waterward of wetland vegetation. Also,
25' of rock riprap is proposed along the shoreline of
Clubfoot Creek south of the basin. The shoreline at this
location consists of an approximately 3' eroded bank which
is void of wetland vegetation. The riprap will extend a
maximum distance of 5' into the water. Spoils material from
the excavation activity will be spread on adjacent
highground property and placed behind the proposed bulkhead.
FIELD INVESTIGATION REPORT - TOM TEMPLE, CRAVEN COUNTY
PAGE #3
10. ANTICIPATED IMPACTS: Approximately 700 cu. yds. of shallow
bottom material would be removed from the maintenance of the
access channel and boat basin. Approximately 500 sq. ft. of
bulrush (Scirpus spp.) would be removed during the
maintenance excavation at the mouth of the boat basin.
Approximately 200 sq. ft. of bulrush (Scirpus spp.) would be
filled-in along the south shore of the boat basin by the
proposed bulkhead. The 25' wooden jetty on the north side
of the access channel would not disturb any marsh during
construction but could impact it, either positively or
negatively, in the future. The rock riprap along Clubfoot
Creek will result in the filling-in of approximately 125 sq.
ft. of subtidal bottom area with approximately 4.6 cu. yds.
of material being placed below the NWL. All spoil materials
will be placed on highground and behind the proposed
bulkhead and distributed after drying out.
PREPARED BY: CHARLES O. PIGOTT
DATE: AUGUST 8, 1990
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 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name
Address
City 4 State /
Zip QS- D Day phone z.21.. S7O8
l*--- 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.
2 LOCATION OF PROPOSED
PROJECT
a. Street add ss or secondary road number b. City, ===r
?dma
l
Y
c. County 04 4415-
d. Is proposed work within city limits or planning
jurisdiction? 1/1'0 -
e. Name o dy of hater nea st project
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
or pier). 7 1 MO F7,
a. Describe all development activities you propose (for
example, building a home, motel, m a,1 ulkhead,
f!
If you plan to build a marina, al
attach Form DCM-MP-2. ~----`---'-"°""""
b. Is the proposed activity maintenance of an
existing project, new work, or both?
c. Will the project be for community, private, or
commercial use?
P
d. Des ribe the planned se of the project.
d7-"
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract .3A 19 C
b. Size of individual lot(s) a . 3 -2- AC
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
1 7? R" 7-
d. Soil type(s)
e. Vegetation on tract
f. Man-made features now on tract-
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zones by local government?
i. How are adjacent wate classified?
j. Has a professional archaeological survey been
carried out for the tract? XA - If so, by whom?
12/89
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, fagilities, or
structures proposed -217
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
m. Water supply source n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
d. Size of area to, a graded or disturbed
02 yo ?C Loo ' 0)
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?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as vement, buildings, rooftops.
g. List the materials, such as inarl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stonnwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Length Width Depth
pr'o' Cz - y

NZ:Me
}< h

j. Have these facilities received state or local approval? Upland fill
areas
k. Descri xisting treatment facili
1. Describe location and'type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
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 wetlan
e. High ground excavation, in cubic yards
2 12/89
poil di 70 / a D c
f. Dimensions of s
g. Location of s )il disposal area
h. Do you claim title to a disposal area?
If not, attach a letter granting permission rom the
owner.
Will a disposal area be available for future
maintenance?
If so, where?
Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill mate ffal 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 Qlaced on marsh or other
wetlands? ?l
p. Dimensions of the wetland to be filled
"A? AP
q. How will excavated or fill material be kept on site
and erosion co 11 V
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?9d.;1 92
s. Will wetlands be crossed in transporting equipment
to project site? )A$, If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
Shoreline erNon during preceding 12 months, in
feet
Type of bulkhead material
d.
e. Amount of fill, in cubic yards, to be placed below
mean high water S
f. Type of fill material
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 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.
vl? .sta..
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
a. Length of bulkhead or riprap 7 D ?? that opportunity
zs ?
ate and f mean high water or D_
b. Average distance Ovward
normal water level S / .?? 1. ri - ??+e
12/89
C JUL 1 71990
J L: 3
i
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.
4A? CIX -410 61
'A check for $100 made payable to the Department of
Environment, Health & Natural Resources to 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. 113A-1 to 10).
4
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 /, day of 1920
X
Landowner or Authorized age
12/89
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?u l V e'-J A148 6As „A"b-4Al 1
L
CU"ATER NOTICE OF FILING OF EP 1990
APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION QUALITY
ing Branch
The Department of Environment, Health and Natural Reso Q
hereby gives public notice as required by NCGS 113A-119(b) an $
143-215 3(a)(1)(c) that Tom Temple of Craven County, filed an
application on July 27, 1990, 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 applicant is proposing to
maintenance excavate an access channel and boat basin, construct
a wooden jetty and bulkhead, and to place rock riprap along the
shoreline at property located near the community of North
Harlowe, near the end of SR 1171, on Clubfoot Creek, in Craven
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 at the office of
Charles Pigott, Division of Coastal Management, located in the
Division of Marine Fisheries Building, Morehead City, N.C.,
919/726-7021, and/or the office of Deborah Sawyer, Division of
Environmental Management, DEHNR Regional Field Office,
Washington, N.C., 919/946-6481.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
September 21, 1990. 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 Roger N. Schecter, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
September 16, 1990 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 September 11, 1990 for
consideration in the water quality certification decision. Later
comments on the CAMA 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.
PUBLISE[ED ON: Monday, August 27, 1990