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HomeMy WebLinkAbout19920571 Ver 1_COMPLETE FILE_19921112.6 STATE a Q?MM State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary November 16, 1992 Acting Director Mr. W. A. Schimming Texasgulf, Inc. Post Office Box 48 Aurora, North Carolina 27806 Dear Mr. Schimming: Subject: Proposed Fill in Wetlands or Waters Proposed bulkhead repair Beaufort County DEM Project # 92571, COE # 199203597 Upon review of your request for Water Quality Certification to place fill material in 0.24 acres of waters for replacement of 5,205 feet of deteriorated bulkhead located in Beaufort County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2665 issued January 21, 1992. A copy of the General Certification is attached. If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, i GY reston Howard, Jr. P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer DS RECEIVE' e ?o ' -;?3HiNGTON UFFICE 2 J 1992 '?a.,..,m• !:, E Pin State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 1424 Carolina Avenue • Washington, North Carolina 27889 James G. Martin, Governor William W. Cobey, Jr., Secretary 23 September 1992 MEMORANDUM TO: FROM: SUBJECT: Mr. A. Preston Howard, Acting Director Division of Environmental Management John R. Parker, Chief Major Permits Processing Section CAMA/DREDGE & FILL Permit Application Review Applicant: Texasgulf Inc. Project Location: Beaufort County, Archbell Point, off of SR 1339 Roger N. Schecter Director Proposed Project:-The applicant proposes to replace 5,205 feet of deteriorated bulkhead with new bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 14 October 1992. If you have any questions regarding the proposed project, please contact David Gossett at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY [,--" This agency has no objection to the project as proposed. This agency has no comment on the proposed project. Signed This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Date Box 1507 • Washington, North Carolina 27889 • Telephone 919-946-6481 An Equal Opportunity Affirmative Action Employer To : John Dorney 11 ` 0 10 Planning Branch • DIVISION OF ENVIRONMENTAL MANAGEMENT IL7.IANDSGROUP CAMA/COE PERMIT APPLICATION REVIEW WATER QUALITY SECTION s WaRO PROJECT WQ SUPERVISOR: THORPE REVIEWER: SAWYER DATE: IV&.c, WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR.- 92 PERMIT NO.• PROJECT NAME: !' a.?s?.?,Q(?o?+c• -c,e2P' COUNTY: PROJECT TYPE: PERMIT TYPE: <!?PWCOE COE #: DOT #: RCD FROM CDA: DATE FROM CDA: REG OFFICE: WARO RIVER AND SUB BASIN #:7-,4P- n STREAM OR ADJACENT WATER BODY: PAL Qu? CLASS: STREAM INDEX #: OPEN OR CLOSED: WL IMPACT: ", WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: ING SHEEP ATTACHED? RECOWKR%MATION• IS ISSUE/COND DENY HOLD STORMWATER PLAN REQ'D: ? IF YES, DATE APPROVED: -?? PROJECT DESCRIPTION: t WATER QUALITY CERT. (401) p? CERT. REQ'D:°, ry? IF YES, TYPE : < g7. SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL; WATER: v? y?v f WETLAND: -6- IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING AREA TO BE DREDGED: IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? _ IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: A SERVICES: OXYGEN IN BASIN: CLOSURE OF H L ISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office 4Y DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews-ems for Stormwater Review n Project: Project No.: Date Received: t a' 9 2 3 F sa Date Comment: ? Description of Project: Comments: I RECFIVL' °'ASH1fVGTON OFFICE DIVISION OF COASTAL MANAGEMENT f FIELD INVESTIGATION REPORT SE ?' Z ?? 1. APPLICANT'S NAME Texasgulf Inc. 2. LOCATION OF PROJECT SITE Beaufort County, Archbell Point, northside of Pamlico River near Town of Bath off of SR 1339• PHOTO _INDX: 1989:268-11- 11-17_Rq,0_1n 1984: 74-989, 11-19-84, M12 STATE PLANE COORDINATES: X: 2,647,000 Y: 6260000 Bath UL 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 9-16-92 (B) WAS APPLICANT PRESENT yes 5. PROCESSING PROCEDURE: APPLICATION RECEIVED- 18 September 1992 OFFICE Washington 5. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Beaufort County LAND CLASSIFICATION FROM LUP Conservation (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES NO X (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING Septic tank PLANNED None (F) TYPE OF STRUC'T'URES: EXISTING Lodge; farm buildings, bulkhead, pier PLANNED Bulkhead (G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE DCM staff observation 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER (B) NON-VEGETATED WETLANDS : (C) OTHER: Open water ±10,410 sq. ft. (D) TOTAL AREA DISTURBED: ±10,10 sq ft. (E) PRIMARY NURSERY AREA: YES NO X (F) WATER CLASSIFICATION: SB-NSW OPEN: YES NO X 8. PROJECT SUMMARY: The applicant is proposing to replace 5,205 feet of deteriorated bulkhead with a new bulkhead. i Environmental setting Texasgulf Inc. owns a 430 acre Jract of land on the north side of the Pamlico River just west of the Town,,Q,f Bath in Beaufort County. The land is located adjacent to both Bath Creek,and the Pamlico River. The property has had various uses by the company since,, 'its purchase in the late 1960'x. At the present time it is used as a hawing preserve and meeting area for company clients in the lodge which over looks the Pamlico River. The majority of the property is presently being used as row crop agriculture with various stands of pines and mixed hardwoods #e located throughout the property. Besides the lodge, various farm buildings are located throughout the property. The majority of the property was bulkheaded in 1972. The bulkhead begins within Bath Creek extends in a southeast direction to the Pamlico River then turns in a westerly direction along the Pamlico River. The bulkhead has a total length of ±5,2051. In some locations the bulkhead is beginning to deteriorate, however there are very few broken places. The bulkhead is completely backfilled and the majority of the areas immediately landward of the bullhead are vegetated with various upland grasses and vines. In some locations agricultural fields extend nearly to the bulkhead, in other places stands of large pines are present. In some locations large cypress trees are present and are intermixed with the pines. In some locations a narrow fringe of Spartina patens is growing atop the backfill and through the bulkhead. Due to the elevation at which it is growing, the Spartina would rarely be flooded. Project proposal The applicant is proposing to replace the existing 5,205' of bulkhead by constructing a new bulkhead 2' waterward of the existing bulkhead. When the bulkhead is completed the confined area will be backfilled with material from an upland source. Environmental impact If the project is conducted as proposed ±10,410 sq. ft. of open water area landward of the proposed bulkhead will be filled. The only wetland vegetation that will be affected is that growing atop the backfill that is landward of the existing bulkhead. This consists of a fringe of Spartina patens which varies in width from 1' to 41. Also present along the shoreline are scattered large cypress trees growing within the existing backfill. David L Gossett - Washington Office - 23 September 1992 r ? _ Texasgulfinc. an elf aquitaine company - P.O. Box 48 Aurora, North Carolina 27808 -- September 11, 1992` Mr.'-David Gossett Division of Coastal Managemdr& N. C. Department of EHNR P. O. Box 2188 Washington, North Carolina 27889 Dear Mr. Gossett: W.A. Schimming Manager Environmental Affairs (919) 322-8239 Enclosed is an application and associated drawings for a LAMA permit to build a new bulkhead along the Archbell Point . property on the north shore of the Pamlico River. The new bulkhead would be approximately 5,205 feet long, and be constructed 2 feet in front of the existing bulkhead. The existing bulkhead was completed in 1972 and is in need of replacement. This is the area that you looked at in the field on July 22. Please be advised that Texasgulf does not completely own approximately 165 feet of shoreline within the proposed bulkhead area. Texasgulf bought this property in question in 1970; however, Mr. and Mrs. James McLaurin reserved a life estate in the property. In a phone conversation between you and Jeff Furness on this subject, you stated that legal staff within the Division of Coastal Management advised that Texasgulf could apply for the permit if a letter was signed by the people with the life estate stating that they have no objections to the proposed bulkhead project. In response to that requirement, please find enclosed a letter dated August 28, 1992 and signed by James and Mary McLaurin saying they do not object to the project. Also enclosed are copies of the deeds to the affected tracts, copies of the letter sent to adjacent riparian landowners along with the signed certified mail receipts, and a check for $250.00. If you have any questions regarding this application, please call Jeff Furness or myself. Since W. A. chimming ' Enclosures pc: Cliff Winefordner-COE, Wilmington (w/application only) J. C. Furness w/o encl C. J. Moore w/o encl 00-12-000 w/o encl 12-03-001-43 w/encl nwweon POW Please type or print. Carefully describe all an - d. Describe the planned use of the project. •• - ticipated development activities, including construc- 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 14 and 8-9 must be completed for - 'q,.. LAND :AND WATER?:"`'j °? all projects. - _ ---: CHARACT'ERIS'TICS 1=APPLICANT' a. Size of entire tract - 430 acn- " 'T'exas if Inc. b. Size of individual lot(s) NLA a. Name c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 5 - 25 feat City taFrora State NC d. Soil type(s) and texture(s) of tract RM-dy 1 n? -- Zip 279nF. Day p one (919)399-4111 X Landowner or Authorized agent b. Project name (if any) ArebbP11 Pnint- %11kbParJ Rep3nnmmt- c. If the applicant is not the landowner, also give the owner's name and address. 2. LOCATION OF PROPOSED PROJECT a. Street address or secondary road number b. City, town, community, or landmark Archbell Point c. County Beaufort d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Pamlico River 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). If ygdplan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- istin project, new work, or both? New work in front of ecistirip structure c. Will the project be for community, private, or commercial use? Private e. Vegetation on tract Upland grasses, silverlim, sparse Spartina patens f. Man-made features now on tract Existing- wooden bulkhead g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use Conservation Transitional Developed Community Rural Other h. How zoe r ct zoned by local government? i. How are adjacent waters classified? B NSW j. Has a professional archaeological survey been carried out for the cAt? No if so, by whom? 5 UPLAND DEVELOPMENT;: -W1- Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels 44A c. Density (Give the number of residential units . and the units per acre.) N./-A- d. Size of area to be graded or disturbed N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N/A f. Give die percentage of the tract within 75 feet of mean high water to be covered by im- pcrmeable surfaces, such as pavement, buildings, or rooftops. 0 1 i g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. W.JA h. If applicable, has a stormwater management plan been submitted to the Division of En-._T- virontriental Management? ' X/A - i. Describe proposed sewage disposal andlor waste water treatment facilities. N/A j. Have these facilities received state or local approval? k. Describe existing treatment facilities. - -- - NIA 1. Describe location and type of discharges to waters of the state (for examplersurface runoff, sanitary wastewater, industriallcommerciai effluent, or "wash down"). N/A m. Water supply source M /A n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. N/A b. Amount of material to be excavated from below water level in cubic yards 0 C. Type of material N/A .d. Does the area to be excavated include marsh= land, swamps, or other wetlands? N/A - - e. High ground excavation, in cubic yards o f. Dimensions of spoil disposal area cubic--yards 0 g. Location of spoil disposal area N/ - h. Do you claim title to the disposal area? NIA- 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? N/A j. Does the disposal area include any marshland, swampland; or water areas? N/A k. Will the fill material be placed below-mean high water? .Yes 1. Amount of fill in cubic yards m. Type of fill material - -rd-n. Source of fill material rant-rant- r k =e 'fit o. Will fill material be placed on marsh or other wetlands? Nn - p. Dimensions of the wetland to be filled N/A.- q. How will excavated or fill material be kept on site and erosion controlled? Rphin h,il bpa r. What type of construction equipment will be used (for example, front end backhoe, or hydraulic dredge). f dumb truck - o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A 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). N/A 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 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. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 5.705 feet b. Average distance waterward of mean high water or normal water level 2 fPPt c. Shoreline erosion during preceding 12 months, in feet 0 (ex' Gt'- Imilkhead) d. Type of bulkhead material Galt-treated e. Amount of fill, in cubic yards, to be placed below mean high water 300 f. Type of fill material sand 2 B . DITIONAI INFORMA'I'rON -S 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 % 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- sonnet 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 previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. LAMA P '+- 'on 71 +-n Tpyaam1]f r1Um,i..n1s CO. CALM ' A_n7-nR4._ t-n Tas n col j l f r9,crni ? Co. A check for WUM 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 PERWS SION TO ENTER ON '.# 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. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These. individuals have 30 days in which to submit cotri- 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 trail. This notification is re- quired by G.S. 113-229(d). Name _ M Address __R j.T Name--Z Address ...$ Name Address 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 _.1L day -- J, Z 192-. Landowner or Authoriz agent Send the completed application materials to the Division of Coastal Management Office nearest you and the, U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. 3 PROPERTY OF: JOHN MCDONALD HAWKINS RT. 2 BOX 411 WASMNGTON. N.C. 27889 O? C ic0 ?P 8-24-921 MISC. CHANGES TO BULKHEAD W BATH Ac0 LODGE K A DRAWNS.L.PASCHALL CHECKED ® TeXaSgUlf Inc. APPROVE ?V v Q11 a? k* groW -Le- a"u- PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA f i I BATH PROPOSED BULKHEAD -•? REPLACEMENT AREA \ 0? \PAyt,CO ?.. BA MILES t 0 1 2 3 SCALE W PROPERTY Of-' W a MARIE BOYD V Rt. 1 BOX 116 ; BATH, N.C. Z I I 27808 j F 1? t a i \ 5 - 0,0-016 O*r ROAD r ;I .....?? PROPOSED BULKHEAD APPROX. 5.205 L.F. i DRAWING TITLE ENGINEERING DATE- JOB No. 3-15-90 CIVIL AREA 046 SCALE BATH LODGE PROPOSED BULKHEAD 198-8 1•=soo- REPLACEMEN T DRAWING NO. AOG-046-013 • s .i EXISTING t- lo' BULKHEAD 45' STOPS: HERE SHORE ! EXISTING THIS AREA i TO BE BULKHEAD - 1 BACK FILLED RIVER 43E? HOUSE i DEAD ?c TREES "n AND .• %°ic STUMPS 165 "44 l s ' Al& 900' j PROPOSED BULKHEAD SEE OG -046-015 REVISIONS ? 2 8-24-92 ADDED BACK FILL =AREA TO BE BACK FILLED DRAWN DRAWING TITLE ENGINEERING DATE SIRASCHALL JOB No. 3-16-90 CHECKED . CIVIL AREA 046 198_8 1- SCALE, ;_200' Texasgulf Inc BATH LODGE PROPOSED BULKHEAD REPLACEMENT DRAWING No. i APPROVED ON aquit8?19 group V PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA JAOG-046-014 ?y SEE DRAWING AOG- 046- 014 215' 0 No NR woFw ,?es, 000 REVISIONS 8-24-92 ADDED DETAIL DRAWN S.L.PASCHALL 'El EXISTING BULKHEAD 80 ==--? = 515 i! PROPOSb- SEE DRAWING BULKHEAD AOG-046-016 r 2' YMMON-?i 210' -- j, PAMLIC0 RIV,ER =AREA TO BE BACK FILLED DRAWING TITLE ENGINEERING DATEI a No. 3-16-90 ® Texasgulf Inc. CIVIL AREA 046 JOB 198-8 SCALE,- BATH LODGE PROPOSED BULKHEAD 1'-200 eff aquf &e group REPLACEMENT DRAWING No. PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA AOG•-046-"015 EXISTING nnnnncrn L ?' _ Y I I _, 2 ------------ 'r`-- 255' 165 820' DEAD TREE AND STUMPS PAMLIC0,RIVER REVISIONS =AREA TO BE BACK FILLED 8-24-92 ADDED BACK FILL DRAWN ^ DRAWING TITLE ENGINEERING DATE: CHECKED'LPASCHALL ® TeXaSgUlf Inc. CIVIL AREA 046 98 8' 3-16-90 SALE, BATH LODGE PROPOSED BULKHEAD APPROVED 200' ? ? a g groW REPLACEMENT DRAWING No. A v?? PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA AOG-046-016 NEW FILL MAX. 3-1 "x 8" PLANTS i SHIPLAP JOINTS (VERTICAL) EYEBOLT 5/8" DIA.(GALV.- ROD) i r i EVISIONS 8-24-92 MISC CHANCES NEW TYPICAL CROSS SECDQU OF PROPOSED BULKHEAD REPAIRS DEAD MAN POST EXISTING PROPOSED TOP VIEW i OF CROSS SECTION DRAWN SI PASCHALL DRAWING TITLE ENGINEERING JOB No, DATE, 3-16-90 CHECKED ® Texasgul f I CIVIL AREA 046 198-8 SCALEs nc. BATH LODGE PROPOSED BULKHEAD N.T, N.T.S. s APPROVED Alf a% taine group REPLACEMENT DRAWING No. APPR v ?y? PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA A OG - 0 46 - 0 1 7 r August 28, 1992 Mr. Curtis H. Brown Land Supervisor Texasgulf Inc. Phosphate Operations P. O. Box 425 Aurora, North Carolina 27806 Dear Mr. Brown: The bulkhead improvement project that is being proposed by Texasgulf Inc. for our 9.17 acres of property along the Pamlico River has been explained to us and we have no objections to the project. We understand that Texasgulf or its representative will obtain all necessary permits and will accomplish the work in an efficient manner with minimal disturbance to our land. Sincerely, James L. Mc-Laurin /Mary S. McLaurin JLM/MSM/aw • CERTIFIED MAIL - RETURN RECEIPT REQUESTED Phosphate Operations (919) 322-4111 September 2, 1992 Mr. John Hawkins Route 2, Box 411 _ -- Washington, North Carolina 27889 Dear Mr. Hawkins: As you may be aware, the North Carolina Coastal Area Management Act ("CAMN) has established various procedures with regard to "development" in certain eastern North Carolina counties, including Beaufort County. Pursuant to CAMA, Texasgulf is requesting a CAMA Major Permit to build a new bulkhead 2 feet in front of the existing bulkhead at our property on Archbell Point. The work area is described in the application and drawings attached to this letter. Property records in Beaufort County indicate that you are a riparian landowner of property that is adjacent to Texasgulf's proposed project. This letter is to give you notice as required by North Carolina law of the proposed project so that you can file comments if you so wish. Enclosed for your use is an Adjacent Riparian Property Owner Statement along with an addressed stamped envelope. If you have no objections to Texasgulf's application I would appreciate your completion and submittal of this form. Thank you for your time and consideration. Sincerely, ey C. Furness Environmental Scientist JCF/re Enclosures pc: David Gossett - DCM, Washington 00-14-000 12-03-001-43 y ? . Texasguif inc. , - ; elf aqultalne group -- P.O. Box 48 Aurora, North Carolina 27808 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Phosphate Operations _ (919) 322-4111 September 2, 1992 Ms. Marie Boyd Route 1, Box 116 Bath, North Carolina 278084 Dear Ms. Boyd As you may be aware, the North Carolina Coastal Area Management Act ("CAMA") has established various procedures with regard to "development" in certain eastern North Carolina counties, including Beaufort County. Pursuant to CAMA, Texasgulf is requesting a CAMA Major Permit to build a new bulkhead 2 feet in front of the existing bulkhead at our property on Archbell Point. The work area is described in the application and drawings attached to this letter. Property records in Beaufort County indicate that you are a riparian landowner of property that is adjacent to Texasgulf's proposed project. This letter is to give you notice as required by North Carolina law of the proposed project so that you can file comments if you so wish. Enclosed for your use is an Adjacent Riparian Property Owner Statement along with an addressed stamped envelope. If you have no objections to Texasgulf's application I would appreciate your completion and submittal of this form. Thank you for your time and consideration. S' erely, effrey C. Furness Environmental Scientist JCF/re Enclosures pc: David Gossett - DCM, Washington 00-14-000 12-03-001-43 SENDER: • • Complete items 1 and/or 2 for 1 also wish to receive to _ __._ _. _ • Complete items 3. and 4s a Is. following services (for an extra • Print your name and address on of this form so that we con fee): rewm this card to you. • Attach this form to the front of the or on the back N spew 1. ? Addressee's Add, does not penal * Write "Return Receipt Requested" on below the article mrrriber 2. ? Restricted Delivery • The Return Receipt Fee will provide of the person to and the des of dehre Consult aster for fee. 3. Article Addressed to: 4a. rdcle Number Ms. Marie Boyd Route 1, Box 116 4b. Service Type _ NC 27808 Bath ? isursd ? Insured , - ertified ? COD Express Mail ? Return Receipt for Merchandise 7. Dote Delivery 4 5. ignsturs (Addresses) d dres ?'' ress (Only H requested S. d d ; d. Signature (Agent) PS Form 3811, November 1990 ,ru.s.apo tset-2117-0011 DOMESTIC RETURN RECEIPT • Complete home 1 and/or 2 for additional sorvloes. i also wish to receive the • Complete items 3, and 4a i b. following s"Cu (for an extra • [hint your name and address on the reverse of this form so that we wn fee): return this card to you. - • Attach this form to the front of the mallpiscs, or on the back if spew 1. ? Addressee's Address does not permit. • Write "Return Realpt Requested" on the manpiew below tM wdcio number 2. 13 Restricted Delivery • The Return Receipt Fee will provide you ft dpnawrs of the person deYve to and the date of dellvery. Consult minnt for fee. 3. Article Addressed to: 4s. Article Number Mr. John Hawkins p Route 2, Box 411 4b• erAce Type Washington, NC 27889 ?,., /Registered ? Insured LTGertified ? COD ? Express Mail ? Return Receipt for Merchandise 7. Days. of DMtvgry 5. Si stun (Addr ) S. Addressee's Address (Only H requested r and fee is paid) Si turs (Agent) , PS Form 3811, November 1990 ru ono test-2p-0N DOMESTIC RETURN RECEWT ; ; PARTMENT OF THE ARMY WILMI UT DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 TON. NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 21, 1992 Regulatory Branch Action ID No. 199203597 Mr. W. A. Schimming Texasgulf, Incorporated Post Office Box 48 Aurora, North Carolina 27806 Dear Mr. Schimming: Reference your application for Department of the Army (DA) authorization to construct and backfill a bulkhead along the shoreline of the Pamlico River, Archbell Point, Beaufort County, North Carolina. on February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. - c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. w .V- -2- This information is essential to our expeditious processing of your application and it should be forwarded to us by October 21, 1992. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. If you have questions, please do not hesitate to contact Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. Copies Furnished: Sincerely, G. Wayne Wright Chief, Regulatory Branch Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Johry Dorney Div on of Environmental Management th 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 `W ' Y *IeXasg u If Inc. an elf aquitaine company P.U. Box 48. Aurora, North Carolina 27806 October 15, 1992 Mr. Cliff Winefordner Regulatory Branch U. S. Army Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Winefordner: W.A. Schimming Manager Environmental Affairs (919)322-8239 p N6N 9 d[#n OCT2I19% ,'. This is the response to your letter of September 21, 1992 regarding Texasgulf's bulkhead permit application at Archbell Point on the north shore of the Pamlico River, Action I. D. No. 199203597. There are no upland alternatives to this bulkhead project. The existing bulkhead is 20 years old and is in need of replacement. The proposed bulkhead will be placed only as far in front of the existing bulkhead as necessary for construction purposes, and the old bulkhead left in place. This is the least environmentally damaging alternative because if the old bulkhead would be torn out then a sedimentation or siltation problem could occur in a localized area. There are no wetland areas currently in front of the existing bulkhead, just the Pamlico River itself. Therefore no minimization of adverse impacts to wetlands is possible. Along with that, there are no plans to mitigate for the unavoidable loss of a very small amount of waters lost due to the new bulkhead alignment. If you have any additional questions, please call Jeff Furness at (919) 322-8249. Sincerely, fir; a??Yyy W. '!JSchimming WAS:JCF/re pc: John Dorney - DEM, Raleigh J. C. Furness 12-03-001-43 00-12-000 P~ on McycNd Pepx DIVIS ON OF COASTAL MANAGEMENT FIEIV INVESTIGATION REPORT p (s i? 1. APPLICANT'S NAME Te sgulf Inc. 2. LOCATION OF PROJECT SITE Beaufort Coun River near Town of Bath off of SR 1339• PHOTO INDX: 1989:268-11i 11-17-RO.0-IL bell Po @9? north: 1 e of Pamlico ? = STATE PLANE COORDINATES : X : --2,.647,00-0 3. INVESTIGATION TYPE: DREDGE & FILL X 4. INVESTIGATIVE PROCEDURE:' (A) DATES OF SITE VISIT 9-16-92 (B) WAS APPLICANT PRESENT yes 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 18 September 1992 OFFICE Washington 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Beaufort County LAND CLASSIFICATION FROM LUP Conservation (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS X ESTUARINE WATERS X OTHER (C) (D) (E) (F) (G) WATER DEPENDENT: YES INTENDED USE: PUBLIC NO X PRIVATE X COMMERCIAL TYPE OF WASTE WA=R. TREAZMENT : PLANNED None EXISTING Septic tank TYPE OF STRUCTURES: EXISTING Lodge, farm buildings, bulkhead, pier PLANNED Bulkhead 0 SOURCE DCM staff observation ESTIMATED ANNUAL RATE OF EROSION 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS DREDGED FILLED OTHER (B) NON-VEGETATED WETLANDS: (C) OTHER: Open water (D) TOTAL AREA DISTURBED: (E) PRIMARY NURSERY AREA: ±10,410 sq. ft. ±10,410 sa. ft. YES NO X (F) WATER CLASSIFICATION: SB-NSW OPEN: YES NO X 8. PROJECT SUMMARY: The applicant is proposing to replace 5,205 feet of deteriorated bulkhead with a new bulkhead. Bath UL CAMA X 0_0 , .s • Environmental setting • Texasgulf Inc. owns a 430 acre tract of land on the north side of the Pamlico River just west of the Town of Bath in Beaufort County. The land is located adjacent to both Bath Creek and the Pamlico River. The property has had various uses by the company since its purchase in the late 1960's. At the present time it is used as a hunting preserve and meeting area for company clients in the lodge which over looks the Pamlico River. The majority of the property is presently being used as row crop agriculture with various stands of pines and mixed hardwoods are located throughout the property. Besides the lodge, various farm buildings are located throughout the property. The majority of the property was bulkheaded in 1972. The bulkhead begins within Bath Creek extends in a southeast direction to the Pamlico River then turns in a westerly direction along the Pamlico River. The bulkhead has a total length of ±5,2051. In some locations the bulkhead is beginning to deteriorate, however there are very few broken places. The bulkhead is completely backfilled and the majority of the areas immediately landward of the bullhead are vegetated with various upland grasses and vines. In some locations agricultural fields extend nearly to the bulkhead, in other places stands of large pines are present. In some locations large cypress trees are present and are intermixed with the pines. In some locations a narrow fringe of Spartina patens is growing atop the backfill and through the bulkhead. Due to the elevation at which it is growing, the Spartina would rarely be flooded. Project proposal The applicant is proposing to replace the existing 5,205' of bulkhead by constructing a new bulkhead 2' waterward of the existing bulkhead. When the bulkhead is completed the confined area will be backfilled with material from an upland source. 3 Environmental impact If the project is conducted as proposed ±10,410 sq. ft. of open water area landward of the proposed bulkhead will be filled. The only wetland vegetation that will be affected is that growing atop the backfill that is landward of the existing bulkhead. This consists of a fringe of Spartina patens which varies in width from 1' to 4'. Also present along the shoreline are scattered large cypress trees growing within the existing backfill. David L Gossett - Washington Office - 23 September 1992 describe %I an- Carefull t i l d. Describe the planned use of the project. y n . ease type or pr P onstruc- din l i g c u nc ticipated development activities, tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is - NIA ( not ap not relevant to your project, write plicable). Items 1-4 and 8-9 must be completed for -LAND =AND WATER .all projects. CHARACTERISTICS _ 1-=APPLICANT --• -r-=`-:' a. Size of entire tract 430 acrp-q b. Size of individual lot(s) N/A TeKasp,ulf Inc. a. Name c. Elevation of tract above mean sea level or Na- 48 Address • • BOX tional Geodetic Vertical Datum 5 - 5 f ,!,,-t City Aurora State NC d. Soil type(s) and texture(s) of tract Gamy 1 nam Day phone C919)399-4111 - N_ Landowner or Authorized agent e. Vegetation on tract Upland grasses, b. Project name (if any) silverliWg, sparse Spartina DatEns ArcbbPl 1 Pninfi Riilkhead Real acment f. Man-made features now on tract Exitin_-_ c. If the applicant is not the landowner, also give wooden bulkhead the owner's name an address. g. What is the CAMA Land Use Plan Classifica- If tion of the site? (Consult the local land use G 6s-l plan.) ) z Conservation Transitional Developed Community LOCATION OF PROPOSED 2 Rural Other . PROJECT h. How o the tract zoned by local government? e zon i. How are adjacent waters classified? SB NSW a. Street address or secondary road number j. Has a professional archaeological survey been S R 1339 carried out for the t t? No ? b. City, town, community, or landmark . - if so, by whom? N Archbell Point c. County Beaufort d. Is proposed work within city limits or planning ":=:,. ? `? ' 5 UPLAND DEVELOPNi NT. _-- jurisdiction? No e. Name of body of water nearest project Complete this section if the project includes any Pamlico River upland development. or facilities Type and number of buildings a , , . 3 DESCRIPTION AND PLANNED, structures proposed N11-4- OF PROPOSED PROJECT b. Number of lots or parcels 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.) N,/ o bulkhead, or pier). Build a new bulkhead in front of d. Size of area to be graded or disturbed NIA existiu . bulkhead 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 istin project, new work, or both? New work. fr sedimentation and erosion control plan been ont of existinp, structure in submitted to the Division of Land Resources? c. Will the project be for community, private, or N/4 commercial use? f. Give the percentage of the tract within 75 feet Private of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. . 0 g. List the materials, such as marl, pave stone, asphalt, or concrete, to be used for paved surfaces. NSA. h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management! _N./A - i. Describe proposed sewage disposal and/or waste water treatment facilities. NIA b. Amount of material to be excavated from below water level in cubic yards 0 c. Type of material N/A d. Does the area to be excavated include marsh= land, swamps, or other wetlands? N/A e. High ground excavation, in cubic yards 0 f. Dimensions of spoil disposal area N/A g. Location of spoil disposal area N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance? / N/A If so; where? N/A Does the disposal area include any marshland, swampland,'or water areas? N/A Will the fill material be placed below. mean high water? Yes Amount of fill in cubic yards Type of fill material Rand - Source of fill material f-mi-w :_._ctor I-NQ=^°' T=t Will fill material be placed on marsh or ocher wetlands? Nn Dimensions of the wetland to be filled .U4A How will excavated or fill material be kept on site and erosion controlled? P,-hind b l7 hP^a j. Have these facilities received state or local approval. k. Describe exisN/ g treatment facilities. i Describe location and type of discharges to 1 j. . waters of the state (for examplersurface runoff, k. sanitary wastewater, industrial/commercial " N/A " 1 ). wash down effluent, or M. n. M. Water supply source NIA °• n. If the project is oceanfront development, describe the steps that will be taken to main- P. tain established public beach accessways or pro- q• vide new access. _ N/A o. If the project is on the oceanfront, what will r. be the elevation above mean sea level of the first habitable floor? N/A 6 EXCAVATION 'AND FILL S. INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). N/A 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 What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? front end loader_, dumT) truck f 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. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 51205 ft--Pt- b. Average distance waterward of mean high water or normal water level 2 fPPt- c. Shoreline erosion during preceding 12 months, in feet 0 (exi?t'rnr bulkhead) d. Type of bulkhead material Galt-treated wood e. Amount of fill, in cubic yards, to be placed below mean high water 300 f. Type of fill material sand 2 ADDITIQNAIIVFORMATI?N. 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 'h 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_ Address L:dchincrt rmALTC Y7RX,J J Name Mir ` ; o Boyd Address Rn,,+-o l v 116 Rath 1 LTC 218118 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. C"_ Permit 90-71 t-n TPXaCm7lf GW gals Co. SAG1( 73-C7=ERG to Taira To,lf('hcrn;.. -+? CO. A check for 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 PERMS.' 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. 7 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 19q-. X Zc?? Landowner or Authoriz I 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. f PROPERTY OF: JOHN McDONALD HAWKINS RT. 2 BOX 411 WASHINGTON, N.C. 27889 ?yGO , 0 Or. 9 ? ?c0 \\, L T BATH PROPOSED BULKHEAD REPLACEMENT AREA a U urc el m p AM( NCO \ - - --?Ri VfR MILES 1 0 1 2 3 SCALE i Y W W MARIE BOYD Rt. 1 BOX 116 BATH, N.C. _ 27808 t1,? m AMp1G p1o c?EE 00,016 Air \ BATH EE DRAIMNG A \ LOOCE 046-015 OIRT ROAD JI PROPOSED BULKHEAD APPROX. 5,205 L.F. REVISIONS 8-24-92 MISC. CHANGES TO BULKHEAD DRAWN S.LPASCHALL - DRAWING TITLE ENGINEERING JOB No. DATE-15-90 3 CHECKED ® T df I exa CI VIL AREA 046 198_8 SCALE: nc. Q BATH LODGE PROPOSED BULKHEAD 1•=soo? APPROVE elf aquita ne group REPLACEMENT DRAWING No. A v G PHOSPHATE OPERATIONS AURORA NORTH CAROLINA AOG-046-013 , 1,4 ?- EXISTING 10' BULKHEAD 45' ?- STOPS HERE EXISTING SHORE THIS AREA BULKHEAD - - TO BE - BACK FILLED RIVER 435 HOUSE DEAD TREES 'n AND \ • oi? 165 STUMPS O + REVISIONS \ 8-24-92 ADDED BACK FILL ROPOSED ULKHEAD SEE DRAWING AOG-046-015 =AREA TO BE BACK FILLED DRAWN S.L.PASCHALL DRAWING TITLE - - - 16-90 3CHECKED ?_ CIVIL AREA 046 SCLE"=200' Texasgulfin' BATH LODGE PROPOSED BULKHEAD 1 APPROVED DRAWING No. elf aquitaine group REPLACEMENT :m PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA 1 -1 AOG-046-014 ca 9 00' If SEE DRAWING AOG-046-014 215'-- .110 R AIR WORK THIS 0 EXISTING BULKHEAD 285' _-=-- ? 80 =515 PROPOSED BULKHEAD 210' SEE DRAWING AOG-046-016 I r 2' P A M L I C 0 RI V E R oao REVISIONS 8-24-92 ADDED DETAIL DRAWN S.L.PASCHALL CHECKED APPROVED K A. APPR V G 0 Texasgulf inc.- elf aquitaine group PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA =AREA TO BE BACK FILLED DRAWING TITLE ENGINEERING DATE- CIVIL AREA 046 JOB No. 3-16-90 198-8 SCALE, BATH LODGE PROPOSED BULKHEAD 1•=200• REPLACEMENT DRAWING No. AOG-046-015 910-9t0-OOb' VNll0av3 HAON 'vdoanv SN0Iltla3d0 31VHdSOHd a A d 'ON gNlnvaa 1N3W3Ob'?d3a dnoiB emal 1ble ile ,002=,t ad3H>nne a3SOdO6d 300M HiVQ . a3no8ddv 31V3S 8-86I 9?0 vl3 j ' ?IA10 ??' n6sox\f9 a31133H3 06-9t-E 'ON Hor jj i ® lldH0Sdd'l'S 31Va 9NIS33NIDN3 31111 'JNIMVaU NAVda 7113 NOVO 030ad Z6-tZ-8 431113 NOVO 38 Ol V38V= - SNOISIA36 a I A I8 001 ?Wdd i Sdvinis ONV 3361 OV30 ,5L L 99 L 919Z ,0Z8 Z 109 0L ?- _ -? i od0a laia 'pI? /II CIVIHA-ine \ V a3SOd06d ONIISIX3 ,NZ AO04 1408 ONIISIX3 ,5Z L 3d3H\ ,g SdO1S ab3HAina A3380 Hide ?JNIISIX3 l 32i0H L? 7 OF PROPOSED BULKHEAD REPAIRS REVISIONS 8-24-92 MISC CHANGES EXISTING OF PROPOSED TOP VIEW CROSS SECTION DRAWN S.L.PASCHALL DRAWING TITLE ENGINEERING JOB No. DATE: 3-16-90 CHECKED ® T exasgul f I CIVIL AREA 046 198-8 SCALE, nc. BATH LODGE PROPOSED BULKHEAD N.T.S. APPROVED elf aquitaute group REPLACEMENT DRAWING No. V APPR NORTH CAROLINA PHOSPHATE OPERATIONS AURORA A O G- 046- 017 , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 21, 1992 Regulatory Branch Action ID No. 199203597 Mr. John Dorney -- 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 Dear Mr. Dorney: a ?a FSEP??3jKRW Enclosed is the application of Texasgulf, Incorporated, represented by Mr. W. A. Schimming, for Department of the Army authorization and a State Water Quality Certification to construct and backfill a bulkhead along the shoreline of the Pamlico River, Archbell Point, Beaufort County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by November 23, 1992, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. Sincerely, e Wri t hief, Regulatory Branch Enclosure 'k± yl?w(Iii.. R -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal 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 3 f E, r ?r r. _ Please type or print. Carefully describe all an- cribe the planned use of the project. GCl ?r ynta t Twnr,cna4-1L ?rrm 4=x- a.- ?_ ated development activities, including construc- V tici p paving, land clearing, 4ke filling excavation i , , on, t stormwater control. If the requested information is N/A (not ap- not relevant to your project, write 00 plicable). Items 1.4 and 8-9 must be completed for Z? AND WATER all projects. CHARACTERISTICS . ; 1 ' APPLICANT - - • -- - _-- a. Size of entire tract 430 a .r G b. Size of individual lot(s) N/A Texaspulf Inc. a. Name - c. Elevation of tract above mean sea level or Na- 48 Address • cox tional Geodetic Vertical Datum 5 - 95 feet City Aurora State N d. Soil type(s) and texture(s) of tract Gat v 1 nor„ ? Zip 27",x.-JDay phone (019)'122-4111 Landowner or Authorized agent e. Vegetation on tract Uplarxi asses b. Project name (if any) silverlinp sparse Syartina_pa.taiG A=bhPl l En;nt- Riillchenrl Ranh arcTnant- - f. Man-made features now on tract Existita c. If the applicant is not the landowner, also give wooden bulkhead the owner's name and address. g. What is the CAMA Land Use Plan Classifica- N/A tion of the site? (Consult the local land use plan.) . Conservation Transitional Developed Community 2 LOCATION OF PROPOSED Rural Other PROJECT h. How t?tract zoned by local government? - i. How are adjacent waters classified? SB NSW a. Street address or secondary road number j. Has a professional archaeological survey been S R 9 carried out for the cry t? No N b. City, town, community, or landmark If so, by whom? / Archbel Point c. County Beauf or t d. Is proposed work within city limits or planning + . ....:?+i; 5 UPLAND DEVELOPS ;?;" ?..Y jurisdiction? No e. Name of body of water nearest project Complete this section if the project includes any Par-lico River upland development. a. Type and number of buildings, facilities, or 3 DESCRIPTION AND PLANNED, structures proposed N,% USE OF PROPOSED PROJECT b. Number of lots or parcels N11 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.) N11 bulkhead, or pier). Build a new bulkhead in front of d. Size of area to be graded or disturbed NIA existinn bulkhead 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 istin project, new work, or both? New wrork, fr sedimentation and erosion control plan been ont of existinp, structure in 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 15 feet Private of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. 0 . 7ADDITIPNAL INEORMATION 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 Vh 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 storrawater 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 Mr Tn},n T?asaLinc Address Bath? , lirwAll chir1SZ r= Nr 27,q R Q Name ..N ma; ii n ?d Address 8aute? .,_B"' nx I b Bath, N? 278nR Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. C:AMA Permit- An-71 t-n Tasrnsg l E ('LQ,, Gals a SAL%TM 73-07-nR6 t-n Tasracorn 1 f Ch-QM4-QQ- 1 Co. vim made payable to the Depart- A check for 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 PERMS 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. I J _ LY1?V L'L This is the ? day of , 19 2-. X .4G126D Landowner or Authoriz 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. PROPERTY OF: JOHN McDONALD HA"INS RT. 2 BOX 411 WASHINGTON, N.C. 27889 A . ?, 7F 9j,TC "a, 0 °o \?. F? 91 BATH PROPOSED BULKHEAD REPLACEMENT AREA P 4y? CO, RLV fR MILES 1 0 1 2 3 BAYN SCALE i Y W W PROPERTY OF: MARIE BOYD Rt. 1 Box 116 r BATH, N.C. _ 27808 m ^MyG No 46-0?e :TE \ / te-,0 BATH ORAMIN ? E / A \ A O G Loo GE 046-0r5 \\ ? OIRT ROAD I ------- PROPOSED BULKHEAD APPROX. 5,205 L.F. REVISIONS 8-24-92 MISC. CHANGES TO BULKHEAD DRAWNS L PASCHALL CHECKED ® Texasgulf Inc. APPROVE elf agtdakw group v ?, PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA DRAWING TITLE CIVIL AREA 046 LODGE PROPOSED BULKHEAD REPLACEMENT JOB No. 3-15-90 198-8 SCALE 1'=500' DRAWING No. AOG-046=013 F O 45' EXISTING BULKHEAD 435 HOUSE DEAD TREES % AND STUMPS 165' O A 4-11 1? i O C' O ,p goo' i EXISTING BULKHEAD STOPS HERE THIS AREA TO BE BACK FILLED JRIVER PROPOSED BULKHEAD SEE DRAWING \ AOG-046-015 REVISIONS 2' 8-24-92 ADDED B ACK FILL AREA TO BE BA LE = .,.. ..` .. DRAWN S.L.PASCHALL DRAWING TITLE 6 ® T exas u lf CIVIL AREA 04 CHECKED g Inc . BATH LODGE PROPOSED BULKHE APPROVED elf aquitame group REPLACEMENT I 0>t I PHOSPHATE OPERATIONS AURORA NORTH CAROLINA 1- , JOB No. 3-16-90 198-8 SCALE- 1. 200' DRAWING No. AOG-046-014 SEE DRAWING AOC-046-014 215 No AIR - WORK THIS STING LBB?ULKHEAD 285' 80 515' PROPOSED BULKHEAD 2 a 00 REVISIONS 8-24-92 ADDED DETAIL DRAWN S.L.PASCHALL CHECKED APPROVED V D n „ 210' SEE DRAWING AOG-046=016 1 r 2' - - P A M L I C 0 -- R I V E R u If inc. (0 Texaav elf aquiteine group ouncoueTC nocoennnlc AIIRnRA MIRTH rARlll INA =AREA TO BE BACK FILLED DRAWING TITLE ENGINEERING DATE- CIVIL AREA 046 JOB No, 3-16-90 198-8 SCALE- BATH LODGE PROPOSED BULKHEAD 1'=200 REPLACEMENT DRAWING No. AOG-046-015 HORE LINE 24 EXISTING BATH CREEK BULKHEAD STOPS THERE i EXISTING BULKHEAD DIRT ROAD _ PROPOSED BULKHEAD r. 25' EXISTING BOAT DOCK \230' II 70' I 70' -60' L -?- I I I 2, r`-- 255' ---?J??65' 75 820 DEAD TREE - AND STUMPS PAMLICO RIVER -? REVISIONS 8-24-92 ADDED BACK FILL DRAWN S.L.PASCHALL ? Texasgu CHECKED If Inc. APPROVED elf acosine group VVED i' PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA =AREA TO BE BACK FILLED DRAWING TITLE CIVIL AREA 046 BATH LODGE PROPOSED BULKH REPLACEMENT JOB No. 3-16-90 198-8 SCALE,,, 1 200' DRAWING No. AOG-046-016 i .'. t ? ' i ?\ i ? s AV*4p V DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 21, 1992 Regulatory Branch Action ID No. 199203597 Mr. W. A. Schimming Texasgulf, Incorporated Post Office Box 48 Aurora, North Carolina 27806 Dear Mr. Schimming: On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received September 15, 1992, for Department of the Army authorization to construct and backfill a bulkhead along the shoreline of the Pamlico River, Archbell Point, Beaufort County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policieb., the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199203597 and will be coordinated by Mr. Norm Sanders, in our Washington Field Office. He is available at telephone (919) 975-3025. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water ality Section Divi on of Environmental nagement rth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 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. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 1• ? DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 4, 1992 Regulatory Branch Action ID No. 199203597 Mr: John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: t? J A/oV ; i o 0992 r .'t. wA W?%LANas TR ?AUTGSOn p Reference the application of Texasgulf, Incorporated, represented by Mr. W. A. Schimming, for a Department of the Army permit to construct and backfill a bulkhead along the shoreline of the Pamlico River, Archbell Point, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the permit plans. b. The new bulkhead will not be positioned farther waterward than two feet from the alignment of the deteriorated bulkhead. C. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. d. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. No vegetated wetlands will be excavated or filled. f. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. -2- g. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. MUSE FILE:NSULFII Sincerely, CESAW-CO-EW/SANDERS/mj CESAW-CO-E/WINEFORDNER CESAW-CO-E/WRIGHT/s MAIL CESAW-CO-E/FILES G. Wayne Wright Chief, Regulatory Branch Copies Furnished: ection Environmental Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. J hn Dorney Wat r Quality S D ision of Management orth Carolina 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 Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 0r. John Dorney 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. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 Pivers Island Beaufort, North Carolina 28516 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 ORIGINAL PLANS Action I.D. E G ?. 3 ?. PROPERTY OF: JOHN MCDONALD HAWWANS RT 2 BOX 411 WASHINGTON. N.C. 27889 A o \ I? BATH PROPOSED BULKHEAD REPLACEMENT AREA M V ( 1 4 mr r f V r P Aye NCO - - ~RIVfR MILES 1 0 1 2 SCALE PROPERTY OF; MARIE BOYD Rt. 1 BOX 116 BATH, N.C. 27808 . *Av4G pt6 0 so A?,U BATH SEE ORANIN LODGE AOG-046-015 O*T ROAD PROPOSED BULKHEAD APPROX. 5,205 L.F. REVISIONS 8-24-92 MISC. CHANGES TO BULKHEAD DRAWNS.L.PASCHALL CHECKED ® TeXaSgUlf inc. APPROVE eff aquitaine group PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA DRAWING TITLE CIVIL AREA 046 BATH LODGE PROPOSED BULKHEA REPLACEMENT i Y W W U i m JOB No. 3-15-90 198-8 SCALE= 1'=500 DRAWING No. AOG-046-013 0 45' EXISTING BULKHEAD 435 f EXISTING 10 BULKHEAD ?- STOPS HERE HIS AREA SHORE CBTA - TO BE K FILLED C RIVER HOUSE DEAD TREES AND ' STUMPS 165 0 A fig 0 0 N \ ,p goo' rN PROPOSED BULKHEAD SEE DRAWING AOG-046-015 REVISIONS \ 2' 8-24-92 ADDED BACK FILL /`N =AREA TO BE BA.,.. FILLED DRAVN S.L.PASCHALL DRAWING TITLE 10B No. ENGINEERING DATE 3 ) -16-90 CHECKED 0-Texa^'Ulf inc. CIVIL AREA 046 198-8 SCALE, BATH LODGE PROPOSED BULKHEAD 1 -200 APPROVED elf ayuittaine group REPLACEMENT DRAVING No. AOG-046-014 APPYOVED PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA •, I SEE DRAWING AOG-046-014 215' 0 NO AM- wow THIS W REVISIONS 8-24-92 ADDED DETAIL DRAWN S.L.PASCHALL CHECKED T ooa EXISTING BULKHEAD 285' 80 - - 515 PROPOSED BULKHEAD 210' SEE DRAWING AOG-046=016 1 r 2' P A M L IC 0- RI VER 0 Texasgulf Inc. elf aquitaine group =AREA TO BE BACK FILLED DRAWING TITLE ENGINEERING DATEa CIVIL AREA 046 JOB No. 3-16-90 198-8 SCALE BATH LODGE PROPOSED BULKHEAD 1'=200' REPLACEMENT DRAWING No. AOG-046-015 HORE LINE i 24 EXISTINC;? ` BATH CREEK BULKHEAD STOPS THERE i EXISTING PROPOSED BULKHEAD BULKHEAD DIRT ROAD L 2'f I I ' 255' ----__J_--165' f 175' 820 DEAD TREE J AND STUMPS 4 U1 P A M L I C 0 RIVER REVISIONS 8-24-92 ADDED BACK FILL DRAWN S.L.PASCHALL CHECKED 0 Texasgulf APPROVED etf aquitak* group PHOSPHATE OPERATIONS AURORA, NORTH CAROLINA v 4 \ 125 EXISTING BOAT DOCK \2 30' I) 70' 70' 60' AREA TO BE BACK FILLED DRAWING TITLE ENGINEERING DATE. JOB No. 3-16-90 CIVIL AREA 046 198-8 SCALE,BATH LODGE PROPOSED BULKHEAD 1'=200' REPLACEMENT DRAWING No. AOG-046-016