19920572 Ver 1_COMPLETE FILE_19920101

y ? STATE o?
READER ,s FILE
.??4 aun ?•
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 December 18, 1992 Acting Director
Mr. Walker Golden
National Audubon Society
Post Office Box 5223
Wrightsville Beach, N.C. 28480
Dear Mr. Golden:
Subject: 401 Water Quality Certification
Erosion protection Project at Phillips Island
DEM # 92572
On 21 September 1992 you wrote to the Division of Environmental Management
requesting a 401 Water Quality Certification for your project to control erosion at
Phillips Island in Carteret County. We have been informed by the N.C. Division of
Coastal Management that this project will require a permit from the N.C. Division of
Coastal Management. We cannot continue to process your application until, the
Division of Coastal Management (DCM) begins the permitting process. Therefore I
must hereby place this project on indefinite hold until you and the Division of
Coastal Management gather the necessary information to develop an acceptable DCM
permit application. Also by copy of this letter, I am also notifying the U.S. Army
Corps of Engineers that this project will need processing by the Division of Coastal
Management.
If you believe that this decision is in error, please call me at 919-733-1786
to discuss the matter.
S' ce 1 ,
John Dorn y
Wetl. nds and Technical eview Group
JRD/kls
dcmrev.ltr
cc: Mr. John Parker, Division of Coastal Management
Division of Coastal Management Wilmington Field Office
Wilmington DEM Regional Office
US Army Corps of Engineers WikgQrbig(?&rict Office
AshevilleCentrata3Feltle4le Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9 19/486-154 1 704/663-1699 919/571-4700 919/946-6481 9 19/395 -3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
JUN-11-1993 13:24 FROM DCH MORE HERD '31'3 24Y _S_S_?U
?,. ?,,. sTgrL
State of North
Department of Environment, He
Division of Coastal
3411 Arendell Street • Morehead
James G. Martin, Governor
William W. Cobey, Jr., Secretary September 9, 1992
Mr. Walter Golder, Sanctuary Manager
NATIONAL AUDUBON SOCIETY
North Carolina Coastal Islands Sanctuary
P. O. Box 5223
Wrightsville Beach, NC 28480
Dear Mr. Golder:
Director
Thank you for your recent letter and the CAMA application you submitted on behalf of
the National Audubon Society requesting authorization to construct a sandbag revetment with
associated fill around the north end of Phillips Island, in the Newport River, near Morehead
City, North Carolina.
I have determined that the application is 'incomplete' and additional information will be
necessary before processing can begin. I have returned herein your application package,
including your Check #0535. I have also enclosed for your use a copy of our current application
and a set of instructions. Keep in mind that once the workplat drawings are ready, the Division
of Coastal Management will need twenty-four (24) copies or sets of the drawings. All workplats
must be set to scale, such as 1"=50'. In addition, details must be provided on the size of the
sandbags and/or the ripmp material that you contemplate using. Be sure to cross-hatch those
areas that you intend to dredge or to fill; do not use colors to highlight the project area. The
application fee is $250.00, made payable to the Department of Environment, Health and Natural
Resources (DEHNR). Please furnish this office with a permission letter from the landowner
indicating that they are aware of your proposed project and that they have no objections with the
Society pursing necessary CAMA permits. With reference to the proposed dredging by the
Corps of Engineers, I have enclosed a copy of the "closed" shellfishing waters in the Newport
River. As you can sec:, Range 'U' is in a "closed" area, and, this makes it unacceptable with
the CAMA regulations for the disposal effluent since the surface waters on the north side of
Phillips Island are "open". Perhaps Range 'T' can be used since it is located in an open area.
This office will need to receive an analysis of the spoil composition, be it sand, mud, clay, and
also the grain size of the dredged material. This will help us determine if the material is suitable
for overboard disposal.
PCB R,-,x 769, Nk,rthcad Ciry, North C.Arub w 28557 Tclcphonc 9l9T1c 71]27
I u iyiy rs ?1??? r. ?l
Post-It " brand tax transmittal memo 767y of Aagea?
ro
Phone p?
An Equal Opp,rronny ANirmacivc An,)n Employer
JUN-11-1993 13:257 FROM DCM MOREHEAD 919 247 3330 TU
September 9, 1992
Page #2

Thank you for your inquiry and the concerns you have expressed concerning our coastal
program- Please feel free to contact me with any questions concerning the application
requirements at [phone].
Sincerely,
es L. Mercer
Field Representative
J LMJdh
cc: Charles S. Jones

TOTAL P.O2
a.
\' 7 DEPARTMENT OF THE ARMY
r WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
b WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 21, 1992
Regulatory Branch
Action ID No. 199203515
Mr. Walker Golder
National Audubon Society
Post Office Box 5223
Wrightsville Beach, North Carolina 28480
Dear Mr. Golden:
On February 11, 1991, we renewed general permit No. CESAW-CO80-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 4, 1992, for Department of
the Army authorization to place sandbags, riprap and excavated material on the
Newport River to provide erosion protection at the north end of Phillips
Island, Morehead City, Carteret 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 policies, the
final action taken on your application by the State will result in your
receiving written notice from us t?"L -ation is consistent with the
general permit an,' - Only after receiving such
confirmation s
Your applic
Section 404 of
and will be coo
He is available
I
? nl
Vv 1
M UT_Q
to River and Harbor Act and
,ned Action ID No. 199203515
ur Wilmington Field Office.

I
t
ory Branch
Enclosure
W 1?
-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 Quality Section
Division of Environmental
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
Ms. Llewelyn Phillips
4125 East Lake Sammamish Parkway, S.E.
Issaquah, Washington 98027
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
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. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
4 .. 4.
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
FNi
Action ID No. 199203515
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:
SEP > 3 x,92
EIUWDS GROUP
ITER QUALITY SECTION .
Enclosed is the application of the National Audubon Society, represented
by Mr. Walker Golder, for Department of the Army authorization and a State
Water Quality Certification to place sandbags, riprap and excavated material
on the Newport River to provide erosion protection at the north end of
Phillips Island, Morehead City, Carteret 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. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
ne Wri t
hie , Regulatory Branch
Enclosure
w
-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. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
I `A?? ? X515
Please type or print. Carefully describe all an- d. Describe the Manned use of the project.
ticipated development activities, including construc-"v
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed f
44,AND AND WATER '. ;
` '
all projects. CHARACTERISTICS : 1_-APPLICANT
- - - ? ` J $ ^ ae. of entire tract
•Siie of individual. lot(s) ?-
a. Name /Vi¢rer?.4? ?'?`''3'? S?'c?C? c. Elevation of tract above mean sea level or Na-
Address i° O, d" 5" z z 3 tional Geodetic Vertical Datum a
City iv uti ?sy,.//t 3-4. State /?C- d. Soil type(s) and texture(s) of tract
Zip a ll l) JDay phone (g1v1.z54 -3L72
Landowner or ?V/ Authorized agent e. Vegetation on tract
b. Project name (if any) ,,?/ + /X cct- J4
If the applicant is not the landowner, also give
the wner's naa?mme a address.
/ /lle/v, ?,'//,mss .ZZ" y
LatKF SciA,M6t.-v1i,S?i ?'7Cs?S?M .5C
Wv4 4Yo?7
2 LOCATION OF PROPOSED
PROJECT
a. Sgpet address or secondary road/ number I? /
/ V 4-. Iwor > 12; ve-1 /I en'- /1'Co.sh r s
b. City, town, community, or landmark
c. County Ca. to ??
d. Is proposed work within city limits or planning
jurisdiction? /?v?? a•?v? 'L lY
e. Name of body of water nearest project
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).
G?'os.•c.? Co.??ro? cn W,P /lo/T?C?//rJ E+??d
p.rd?O: /?A -/2cfn n.r4?o.- c?i ogCC?-i"?ct f.4/
If you plan to build? a marina, also complete
and atrach Form DCM-MP-2.
b. Is the proposed activity maintenance of?n ex-
isting project, new work, or both? I V w
c. Will the project be for community, private, or
commercial use?
Coir(MVit. +W Pity ??-. v.'. *1 4u"rC.-s/i•;I
f.
h.
i.
1•
Man-made features now on tract
Ce'S'i 4c./•'
What is the CAYAA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) .
? Conservation Transitional
Developed Community
Rural Other
How is the track zoned by local government?
r
How are adjacent waters classified? 5/f-
Has a professional archaeological survey been
carried out for the tract? 0,14,c-lN
If so, by whom?
5 UPLAND DEVELOPMEN' Y_.'
• ':Mi.ldL?.•e?w:?r:
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed IV,,- --
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.) / 1//Y ?
d. Size of area to be graded or disturbed
IVcmR--
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". ? •_
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as ,pavement,
buildings, or rooftops. /Lc,1?
g. • Lisa the materials, such as mari. paver scone,
asphalt, or concrete, to be used for paved
surfaces. ???^? -
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management? nV?
L Describe.proposed sewage disposal nd/or waste
water treatment facilities. /''
j. Have these facilities received state or local
approval? W-4
k. Describe existing treatment facilities.
N/r¢
1. Describe location and type of discharges to
waters of the state (for example;, surface runoff,
sanitary wastewater, industzial/co mercial
effluent, or "wash down").
m. Water supply source
n. If the project is oceanfront evelopment,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access. _&-d
o. If the project is on the oceanfront, what will
be the elevation above rr)ean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
?X
/? x??
water, pier,
boat ramp,
y s? /
16)
rock jetty)
Fill placed in /7,
wetland or below
MHW
Upland fill I I
areas
Amount of material to be excavated from
below water level in cubic yards 5 ctiti- /0 rtW
Type of material Su^c/ Does the area to be excavated include arsh-
land. swamps, or other wetlands?
High ground excavation, in cubic yards
Dimensions of spoil disposal area 12 IE10
. Location of spoil disposal area -
g
?- /P4r
. Do y u c,?im title to the disposal area?
h
/71z iJ?13i/C i r"dS7?
If not, attach a letter granting permission from
the owner.
Willa disposal area b available for future
maintenance? 1 It e e 5.57a
If so, where? vit-ti ,-a acid L
Does the disposal area include any marshland,
swampland,'or water areas?
k. Will the fill malterial be placed below mean
high water? /?
1. Amount of fill in cubic yards Z m-?O - /c, clet"
m. Type of fill material
n. Source of fill material AA;5ae?
o. Will fill material be placed on marsh or other
wetlands? r^'? / za, e-
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on
site and erosion controlled? P/oced 4 XX ' -
Evr(kv //Cd
W 141
c
d

r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)' Aea Oa,,e Q/?rdg`z6v //)
s. Will wetlands be crossed iny transporting equip-
ment to the project site? A1,1 If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
Ix, `f5 Z' /
a. Length of bulkhead or riprap?
b. Average distance waterwa/ r;l of mean high water
or normal water level aw
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material S:r=/ s ?/?. '2•? . ?j?
e. Amount of fill, in cubic yards, to be placed
below mean high water ? ol-l cr r
f. Type of fill material Sr,,,d
2

?BADDITIONAI:rINEORMATION
,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 Vz 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
Name
Address
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permit ee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS"
SION TO ENTER ON LAND?',
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This, is the day of
19 7"
Landowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.

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. 199203515
Mr. Walker Golder
National Audubon Society
Post Office Box 5223
'Wrightsville Beach, North Carolina 28480
Dear Mr. Golden:
Reference your application for Department of the Army (DA) authorization
to place sandbags, riprap and excavated material on the Newport River to
provide erosion protection at the north end of Phillips Island, Morehead City,
Carteret 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.
1#
n?j

-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. Scott
McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-
4725.
Sincerely,
Copies Furnished:
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. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. Llewelyn Phillips
4125 East Lake Sammamish Parkway, S.E.
Issaquah, Washington 98027