HomeMy WebLinkAbout19920485 Ver 1_COMPLETE FILE_19920101
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 3, 1993
Regulatory Branch
Action ID. 199203419 and State Permit No. 126-92
Edenton Bay Company
Post Office Box 176
Edenton, North Carolina 27932
Gentlemen:
o t???od
FEB ! 190
_u.
UICTI ARInQ nDn,:n
Reference your application for a Department of the Army permit to
construct two piers and a raised walkway and construct and backf ill a bulkhead
on Queen Ann's Creek, Edenton Bay, Albemarle Sound, south of Edenton, Chowan
County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Ms. Laura Fogo, Washington Field
Office, Regulatory Branch, telephone (919) 975-3609.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
./'"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
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
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
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. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Environmental Professionals, Incorporated
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27948
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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
William W. Cobey, Jr., Secretary
Mr. Gilliam Wood
Edenton Bay Company
P.O. Box 176
Edenton, N.C. 27932
Dear Mr. Wood:
A. Preston Howard, Jr., P.E.
Acting Director
October 7, 1992
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed bulkhead and piers
Project #92485, COE # 199203419
Chowan County
Attached hereto is a copy of Certification No. 2786 issued
to Mr. Gilliam Wood dated October 9, 1992
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
vl?
reston Howard, Jr. P.E.
Acting Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Mr. George Wood, Environmental Professionals, Inc.
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
A.
i. .t
NORTH CAROLINA
Chowan County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Mr. Gilliam Wood pursuant to an application filed on the 31st
day of August, 1992 to construct a bulkhead and piers for new
development.
The Application provides adequate assurance that the
discharge of fill material into the waters of Edenton Bay
in conjunction with the proposed bulkhead and piers in Chowan
County will not result in a violation of applicable water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
2. That the bulkhead shall be built an average of 7
(seven) feet from the existing shoreline for a
total acreage of 0.39 acres of water).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 9th day of October, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
a
P eston Howard, Jr. E.
sting Director
WQC# 2786
? ,,.. STATF o
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Coastal Management
Highway 17 South • Elizabeth City, North Carolina 27909
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary. August 28, 1992 Director
MEMORANDUM:
TO: Mr. A. Preston Howard, P.E., Acting Director
Division of Environmental Management
FROM: John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Edenton Bay Company
Project Location: On the old Hayes Plantation Farm, approximately 1 mile south of historic
Edenton across Queen Anne's Creek on the Albemarle Sound.
Proposed Project: Construct 2,400 feet of bulkhead an average of 19.1 feet waterward of
normal water level, 2 piers (100'x 6' and 200' x 6') each with a 500 square foot platform, 1
raised walkway (120' x 6') in the process of developing a 24' lot subdivision on 41.8 acres.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by September 18, 1992. If you have any questions regarding the proposed project,
please contact Richard Watts at 919/264-3901. When appropriate, in-depth comments with
supporting data is requested.
REPLY This agency has no objection to the project as proposed.
is agency has no comment on the proposed project.
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.
j
SIGNED - q-1t=J d'1 DATE L
Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone 919-264-3901
An Equal Opportunity Affirmative Action Employer
D
OPEN OR CLOSED:
WL IMPACT: WL TYPE: /
WL REQUESTED: WL ACR EST: 111#4
HYDRO CNECT?: ?- WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED?
To: John Dorney ..
Planning Branch Noy 2
• DIVISION OF ENVIRONMENTAL MANAG wEi1AND
CAMA/COE PERMIT APPLICATION WATER UA(GS?TION
WaRO PROJECT WQ SUPERVISOR: ORPE
REVIEWER: SAWYER DATE: ?,•,,,(?,? .2 $/ / Zk-
WLLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: COUNTY:
PROJECT NAME : Ezzl'q
PROJECT TYPE: w PERMIT TYPE: 1?' E
COE #: DOT #:
RCD FROM CDA: 499!> DATE FROM CDA: 9 :)-o Q 3 /
REG OFFICE: WARO RIVER UB BASIN #: C? 0'54
STREAM OR ADJACENT, WATER BODY: Ja4? ??
CLASS: •1:3 N8..f1C n v L.3 STREAM INDEX #: AL Co -
RECOMMENDATION: ISSUE ISSUE/COND HOLD
STORMWATER PLAN REQ'D: IF YES, DATE APPROVED:
.1 a?
PROJECT DESCRIPTION:
p d7Q • 02 'fO 0
??/" '
WATER QUALITY CERT. (401
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WLTILAN D FILL
AREA OF FILL: WATER: 1/6? $ WETLAND:
IS FILL ELIMINATING A SIGNIFICANT E?
DREDGING
AREA TO BE DREDGED:
IS DREDGING ACTIVITY EXPECTED TO CAUSE A S;? M LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
CERT. REQ' D : `/
IF YES, TYPE: I
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
' ,UISTIW. OPOS PTIC TANK TC. )
TO BE PERMITTED BY:
(DEM, DHS COUNTY
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES.
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; ODE Washington office
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS :
7A- t
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t4-9 ze;-?o. 1
Gu L-A
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MEMO
DATE:
TO: SUBJECT:
6211-
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aniww? ye?
6 STA'IF y V
North Carolina Department of Environment,
Health, and Natural Resources
• (M(??r? ? Printed on Recycled Paper
A /b /)O -T AM 1 Li n M.M /!_X S[? i Yh I l?1 - n .e V /1 .
MEMO
DATE:
TO
SUBJECT:
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From:
North Carolina Department of Environment,
Health and Natural Resources
x?,`"" °'p• ?? Printed on Recycled Paper
auun
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # I -) • o (. 8 -- L' . WQ SUPERVISOR: TN[ORPE
REVIEWER: SAWYER DATE: .2
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: COUNTY:
PROJECT NAME: C'o
PROJECT TYPE:tE? - PERMIT TYPE: q:OE
COE #: DOT #:
RCD FROM CDA: DATE FROM CDA: 9 ?o g 3 /
REG OFFICE: WaRO RIVER AND UB BASIN #: Cffd
STREAM OR ADJACENT, WATER BODY :-?• ??
CLASS: Ns*,J/e ?vs c0 STREAM Il?IDEx #: d2 ?o - J
OPEN OR CLOSED:
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST: 1?>4
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED?
RECOMMENDATION: ISSUE ISSUE/COND HOLD
STORMWATER PLAN REQ'D: IF YES, DATE APPROVED:
PROJECT DESCRIPTION: Q L'ear?d7Q. 02 '1O D 't 910 9 ?-
44_10-?
WA_?UALM CERT. (401)
CERT. REQ' D :
IF YES, TYPE: ??
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
,,,TDCISTING, OPOS PTIC TANK TC. )
TO BE PERMITTED BY:
(DEM, DHS COUNTY
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: 196j 0'io WETLAND:
IS FILL ELIMINATING A SIGNIFICANT E?
DREDGING
AREA TO BE DREDGED :
LOSS OF
IS DREDGING ACTIVITY EXPECTED TO CAUSE A S7Pr
RESOURCE? IS
SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? Azl_
SEWAGE DISPOSAL: MARINA SERVICES.
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
?.t.9 Q--?•?o,, 1'
r.
SEP-25-'1992 11:1? FROM
EHNR WASH REG OFFICE TO
ft RONXVMh0FE5SI0NAIS,INC
Planning for a better environment
SEPTEMBER 14, 1992
(919) 441.0239
N.C. DEPARTMENT OF ENVIRONMENT,
ATTN : DEBOkAH SAWYER
P.O. BOX 2188
WASHINGTON; N.C. 27889-2188
DEAR DEBORAH,
19197331338 P.01
.....,....,_.., . ,
WASHINGTON OFFICE
,.. SEP •.181992
A !? M.
HEALTH AND NATAAL RESOURCES
THIS LETTER IS IN RESPONSE TO YOUR CORRESPONDENCE OF
SEPTEMBER 10, 1992. ENCLOSED YOU WILL FIND THE REQUESTED
INFORMATION WHICH SHOULD BE SUFFICIENT TO TAKE THE
APPLICATION OFF OF HOLD.
I HAVE ENCLOSED THE LETTER OF PROVISIONAL SUITABILITY
FROM THE DISTRICT HEALTH DEPARTMENT FOR EDENTON BAY.
YOU WILL FIND ATTACHED THE COVER LETTER WHICH WAS
SUBMITTED WITH THE CAMA APPLICATION WHICH DISCUSSES THE
RATIONAL FOR THE CHOSEN BULKHEAD ALIGNMENT.PLEASE BE ASSURED
THAT THE ALIGNMENT REFLECTS THE TOPOGRAPHY OF THE SITE AND IS
INTENDED TO RESULT IN A FINISHED PRODUCT WHICH CAN BE
MAINTAIN AND RESULT IN THE MINIMAL IMPACT TO THE TREES IN THE
SUBDI V I SIO1i .
NO ROADWAYS IN THE SUBDIVISION WILL RESULT IN THE
PLACEMENT OF "ILL IN WETLANDS. A REDESIGN OF THE MULTIFAMILY
SITE WILL ELIMINATE THIS NEED.
I HOPE THAT THIS CORRESPONDENCE COUPLED WITH OUR ONSITE
MEETING WILL BE SUFFICIENT TO ALLEVIATE YOUR CONCERNS AND
ALLOW THIS:APPLICATION TO MOVE FORWARD- I REMAIN AVAILABLE
SHOULD YOU HAVES ANY ADDITIONAL OUESTIONS.
SINCERELY,
Post-it' brand fax transmittal.: memo 7671 #-f payer ? ? ,, /
GEORGE H. WOOD C.E.P.'
3' 3 ? Fax a
mor
122 SIR WALTER RALEIGH DRIVE - KIEL DEVIL HILLS, NORTH CAROLINA 21948 u
}
Subject: C Ik Pe it.Review for 401 Certification
Bde?ton ay Company
Cho, an Bounty
Dear Mr. Wood:
This agency has:nade.`.a preliminary review of the above subject CAMA permit application.
Based on this preliminary review, this office is requesting additional information in
order to make bL recommendation as to the issuance of a Section 401 Water Quality
Certification. The'itformation needed is as follows:
1. VerificAtion from the Chowan County Health Department as to suitability of
the-areal for on-site wastewater treatment.
2. Prelent`an alternative analysis which would minimize the fill of estuarine
waders for the purpose of backfill for the bulkhead. if there is no
practicable alternative, present an analysis as to reasons.
3. If there are roadways which will require fill in wetlands, this should be
pre6ented within this application is order for this office to review this
project'as a complete project.
This office will request of the Division of Coastal Management to place this project
on hold until the aforementioned information is forwarded for review.
PQ Box 218$, Washington, North Carolina 27$89-2188 `fclcphonc 919-94G648i FAX: 919.975.37161919.9466639
An Equal Opportunity Affirmativc Action Employer
1y1 ?'(SS1 s 5th r. t??
SEP-25-1992 11:18 FHUM EHNH WHSH KLU Uf-1- I UL l u
r
Mr. George Mood,
1o september 1902
Page 2
if there are any! questions or comments, please call this office at 919-946-6481. Thank
you for your codperation.
Sincerely,
Deborah A. Savyer
DAS/pp
cc : John Dorne?, DEM
John Parkek, DCM
David Griffin, DMC
SEP-25-1992 11:18 FROM EHNR WHSH KLU OFFICE IU
DISTRICT HEALTH DEPARTMENT
PASQUOTAN K-P ERQU X MANS-CAMDEN-CHOW AN
P. O. Box 189
Etirabeth City, NC 27907-0180
Phone (919) 338-2167
FAX # 338-0300
May 5, 1992
Howard B. Campkii, M.P.H.
Health Director
Edenton,Bay Company
P. 0. Box 176
Edenton,. NC 27932
Re: P operty located on Edenton Bay along railroad bed on
Hayes Plantation '
Dear Mr. wood:
This is to confirm the soil evaluation at your proposed
subdivision for the use of a private ground absorption sewage
disposal system. Fifty-five borings were made with the
following indicated results:
1) The entire area along the Bay had a soil classification
of Wuitable.
2) One depressed area located in the field would require a ,
a fill system according to 1957(b)(1) Laws and Rules for
Sanitary Sewage Collection, Treatment and Disposal ISA
NCAC:I8A .1900.
3) An area within the pine thicket would require artificial
drainage along each property line at a starting depth of
48 inches on .1% downhill grade to an outlet.
(a) A registered surveyor or registered engineer sh.all,
gubmit a plan for the drain tile system to the health
Department for approval.
The installation of the drainage system must be
inspected and approved by the person submitting the
plan and a letter of approval of the installation in
Accordance with the plan provided to the health
department before final approval.
(b) Provide.a surface drainage Swale around the lot. The
Swale shall have a minimum depth of 18 inches graded
to the lot center.
(c) there shall be a 20 foot drainage easement obtained
and properly recorded along all required drainage
outlet areas crossing adjacent properties.
SEP-25-1992 11:19 FROM EHNK WHSH KLU OFFICE l u lyiy rssiss? tJ. W4
? y
Edenton Bay Company
May 5, 192
Page 2
4) Lot size will be based on developer restrictions as to
the nur?ber of bedrooms, size and location of the home and
otherstructures. The minimum lot width for a three
bedroom home will be lee feet with a depth of 150 feet..,,
If the area requires artificial drainage, the, minimum lot
width for a three bedroom home will be 100 feet with a
depth!of 200 feet.
5) The lot must be supplied with county watiez.-
These re:,quirements are based on the application of current
policies. and rules. The site evaluation was made in
accordance with Rules .1940-.1948 of the Laws and Rules for
the Sanitary Sewage Collection, Treatment and Disposal.
If I can provide additional technical assistance, please feel
free to contact this office.
Respectfully,
Ral L. Hollowell, Jr., R.S.
Environmental Health Specialist
RLH:aw
r
SEP-25-1992 11:19 F-HUM EHHK WHSH KLU UrJ- i l_E l u 171 r.3.?l.? tj r. WD
~AL hOFMO INC.
Planning logy a better environment
(919) 441-0239
AUGUST 8, 11992
DIVISION OF COASTAL MANAGEMENT
ATTN: RICIJARD WATTS
RTE.6 BOX ;203 :
ELIZABETHCITY, N.C. 27909
DEAR RICHARD,
ENCLOSED PLEASE FIND THE APPLICATION FOR A MAJOR
DEVELOPME14T PERMIT TO CONSTRUCT A BULKHEAD AND PIERS ON
PROPERTY OWNED BY EDENTON BAY COMPANY IN CHOWAN COUNTY- THIS
PROJECT FALLS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
TOWN OF EDENTON AND HAS RECEIVED PRELIMINARY PLAT APPROVAL AS
A CONDITIONAL USE SUBDIVISION. ALSO ENCLOSED FOR YOUR
CONSIDERATION ARE:
LETT RS OF PERMISSION FOR ENVIRONMENTAL PROFESSIONALS TO
ACT AS AG$NTS FOR EDENTON BAY
LETT$RS FROM ADJOINING PROPERTY OWNER STATING THAT THEY
HAVE NO 09JECTION TO THE PROPOSED WORK
COP I 9S OF THE DEED
A $20.00 CHECK PAYABLE TO THE N.C. DEPT. OF EHNR
TWEN'tY FIVE COPIES OF THE PLAT HAVE BEEN DELIVERED TO
YOUR OFFI4E ON AUGUST 4, 1992. WE ALSO SUPPLIED A COPY OF THE
SUBDIVISION PLAT WHICH IS RECORDED IN THE COURT HOUSE AS
APPROVED AY THE TOWN OF E'DENTON.
AS WE DISCUSSED DURING OUR SITE VISIT, SPECIAL CARE AND
CONCERN HIS BEEN GIVEN TO THE PRESERVATION OF TREES IN THIS
SUBDIVISION. THE WETLANDS HAVE BEEN IDENTIFIED AND CONFIRMED
BY THE CORPS AND CAREFUL CONSIDERATION HAS ALSO BEEN GIVEN TO
AVOID ANY;IMPACT TO THIS RESOURCE. AN ARCHAEOLOGICAL
RECONNAISgANCE HAS BEEN UNDERTAKEN TO IDENTIFY RESOURCES
WHICH COU0 HAVE BEEN IMPACTED BY PROJECT DESIGN. A COPY OF
THAT REPORT IS INCLUDED FOR YOUR REVIEW.
OUR 9EQUEST FOR THE ALIGNMENT OF THE BULKHEAD REFLECTS
THE NECESSITY TO MAINTAIN A REASONABLE SLOPE ALONG THE FINISH
GRADE. WEIFEEL THAT A 4 TO 1 SLOPE IS NECESSARY TO PROVIDE
REASONABLE OPPORTUNITIES TO STABILIZE AND MAINTAIN THE
WATERFRONT AFTER BULKHEAD CONSTRUCTION. IN FACT, THE COASTAL
RESOURCES'COMMISSION ANTICIPATED THIS SITUATION BY ADOPTING
T15A NCAC..0208 (b)(7)(D)(i) WHICH ALLOWS CONSIDERATION OF
THE INIGH R OAATi0 tWl Tai. ELOOM ISOI•LSl LWHQCH ! I-&WES RBSHLFPED Rnf I MN 2 7 9 4 8
ACCELERATED EROSION RATE ALONG THIS PORTION OF THE PROJECT.
TOTAL P.05
SEP-25-1992 11:20 I-KUM EHNK WHSH KLU UH-lUt
.
iu lylyrsslssa r.ul
YOU WILL NOTE THAT THE PROPOSAL REFLECTS THE TOPOGRAPHY OF
THE SITE AID THAT THE BULKHEAD IS ALIGNED NO FARTHER
WATERWARD THAN NECESSARY TO ACCOUNT FOR THE DESIGN CRITERIA.
FURTHER MODE, THE BULKHEAD IS TERMINATED AT THE WETLANDS AND
NO WETLANDS WILL BE FILL IN THE PROJECT.
THESE ARE JUST A FEW OF THE SALIENT POINTS OF THIS
PROPOSAL. I WILL BE HAPPY TO DISCUSS THIS PROJECT WITH YOU IN
MORE DETAIL, SHOULD YOU DESIRE.
SINCERELY,
GEORGE WOOD C.E_P_
11:21 F_Kum LHNK WHbH hKtU urr l Ut l u 1717 f 5 513 7i? r. Lie,
µ STVt o
A
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889-1424
James G. Martin, Governor.
William W. Cobey, k, Secretary
DIVISION OF 1
10 September 1992
Mr. George Wood
Environmental Professionals, Inc.
122 Sir Walter Raleigh Drive
Kill Devil Hills, Notth Carolina 27948
Subject: LAMA Permit Review for 401 Certification
Edenton Bay Company
Chowan County
Dear Mr. Wood:
Lorraine G. Shinn
Regional Manager
This agency has made a preliminary review of the above subject CAMA permit application.
Based on this preliminary review, this office is requesting additional information in
order to make A recommendation as to the issuance of a Section 401 Water Quality
Certification. The information needed is as follows:
1. Verification from the Chowan County Health Department as to suitability of
the:area for on-site wastewater treatment.
2. Frelgent An alternative analysis which would minimize the fill of estuarine
waters for the purpose of backfill for the bulkhead. If there is no
practicable alternative, present an analysis as to reasons.
3. If there are roadways which will require fill in wetlands, this should be
presented within this application in order for this office to review this
project as a complete project.
This office will request of the Division of Coastal Management to place this project
on hold until the aforementioned information is forwarded for review.
P.O Box 2188, Washington, North Carolina 27889-2188 Telephone 919.9466481 FAX_ 919-975-3716 / 919-9466639
An Equal Opportunity Affirmative Action Employer
TOTAL P.02
0- ;0ft
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 3, 1992 Fro
Regulatory Branch
Action ID. 199203419
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 10 Enclosed is the application of the Edenton Bay Company for Department of
the Army authorization and a State Water Quality Certification to construct
two piers and a raised walkway and construct and backfill a bulkhead on Queen
Ann's Creek, Edenton Bay, Albemarle Sound, south of Edenton, Chowan 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, 6.0 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 3, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Laura Fogo, Washington Field
Office, Regulatory Branch, telephone (919) 975-3069.
Sincerely,
n4wr t
?6clLe, Regulatory Branch
Enclosure
;i
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
lirc?jc-ct, write N/A (not applicable). Items I-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Lnvironmental Professionals,
Address 122 Sir Walter Raleigh Dr.
City Kill Devil bills, N.C.
State
yoq
RECEWE'D
AUG I _U 'a2
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New
. c. Will the project be for community, private, or
Inc. commercial use? :
Community
d. Describe the planned use of the project.
Erosion Control and Water access
Zip 27948 Daypiione (919) 441-0239
Landowner or x Authorized agent
b. Project name (ifany) _Edenton Bay
c. If the applicant is not the landowner, also give the
owner's name and address.
Edenton Bay Co.
--P"- Box7A
Edenton,N.C. 27932
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Ilaves Farm
b. City, town, community, or landmark
Edenton Chowan County
c. County
Chowan
d. Is proposed work within city limits or planning
jurisdiction? Yes
c. Name of body of water nearest project
_FrlPntnn Rai
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 41 . 8 a c r e s
b. Size of individual lot(s) 40 , 000 sq. ft.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
3' to 12'
d. Soil type(s) and texture(s) of tract
Chewan---end State R0_-11_ on-4 _ SO
e. Vegetation on tract-Quercus falcata Pinus
taeda Prunus serotina Acer rubrum
f. Man-made features now on tract none
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
- X_ Rural Other
h. flow is lie tract zoned by local government?
Conditional Use R40
L How are adjacent waters classified?
SC
a. Describe all development activities you propose (for j. Ilas a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? If so .by whom7
orpier). Bulkhead Piers Chesapeake Quat?ary lnc.
114 East Sportsman Drive
Hill Devil hills, ? 27948-
NPLAUD [)EV LE OPMEN T --
r .r`?++}`? t? this sect}r+n if the pfojecl inc•Intcs any land
r i r v r l n j `m rt l t.
_ _.. ----------------
-
a 1')-}•r and nuu,hrr (if buildings, facilities
or
-----
,
?I?,?clnresprr,l'nsrd__. No tie
fit. Water snpplysource Cllowan County
n. 11 file projed is oceanfront development
describe
h. t?nnllu r of lots or )arccls -2
t 4.___ ,
file slrps that will be taken to maintain established
c• I )^o0ty (( 7ivc file nllmlier of feSidelllial units and file public: beach accessways or provide new access.
„nits I`c-r ac rc.) .? !-- i hc'-t-_I I a ?? c r c` s ----IV /A.
..
ri Si7e (if mva to he +
_ },r,?dcd or dislurbcrl - - - - - - ---------
2 _ r c` s: o. If file. project is on the oceanfront, what will be the
r. If tl,r ptnpnsrrt I)rnjert will ctistnrh ?nrnc than one elevation above mean sea level of the first habitable
fete of land, file Division of 1.110 Resrn?rces fillet -- -- -
frceive all rrosion and sedimentation control plan at
least 10 clays befor
l
d - --
e
an
disturbing activity begins.
If applivablc. has a sedirtientition and crosinrl
contrc)l
l
b
6 EXCAVATION AND FILL
p
aty
een slihillitfed to file Division of i.and
R"Oil fr( S7 } r --- INFORMATION
---- - _..__ --- ----_--
f. (:ivy il,r prtevniage of file tract within 75 feet of
mean high wilm to IT
a. Describe below the purpose of pmposed excavation
covered by impermeable
sill-fires, shell as pavement, buildings, rooftops. or fill activities (excluding bulkheads, which are
covered ill Section 7),
g. List the Materials, slrch as marl, paver stone, asl)llalt Length Width Depth
Access ctlailtlel
,
or crnlrrete, to be used for paved surfaces.
;3Si,tta l l
(Mi_W) or (NWf,)
-- - - ?.....- -- - -- --- - -- --- Holt basin
if. if applirable, has a storin water management plan
hrerl snhntitted to the Di
i
i 0IIier (brcak-
l 00 6
v
s
on of Fnvilotlrnental
Management? 5 is
water, pier, t0 550e . f t.
1'e .
i. Drsrribe proposed sewage dislxlsal and/or waste tx)it ramp,
rock jelly) 200'
h to
U rl . f t .
ee
waierfreamirmt farilities.
ollsi tc _^.rlc,ly'e d.is >osa I iillplaccdin -- -
-----_-.-- wetland or below
hil1w
j slave Ihesc facilities received state or local approval? Upland fill
__?-- --- areas
} ! res(, -ribc existing trcatinenl facilities. - -' -' - - 1). Amount of ma(ciial to be excavated from below
water level in cubic yards __N /A
- -- ______?_- --- C. 'hyl)e of lilaterial - N/A
Describe' location and type ofdischarges to waler:s of .
vated include marshland,
d
ihr slate (forexarnple, surface fill off
sanitar swamps or other wetlands?
,
y
%v;ietewatrr, industrial/commercial ef(lilent
"wash
"
-?-? ----- h1'/_A
,
dowil
). _ 11 (111 v - - -,-- c. I ligh glonnd excavil orn in cubic yards
RECEIVED
f. Dimensions of six)ilNileposal area
c.
AUG 10 '92
Shoreline erosion during preceding 12 months, in '
feetpreater than 10' era
IMEMMM
Type of bulkhead material pressure treated
woo
g. Location of spoil disposal area
N/A
K 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?
j. Docs the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
. water? N/A
1. Amount of Fill in cubic yards N/A
m. Type of fill material N4
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands? n o
p. Dimensions of the wetland to be filled
None
q. How will excavated or fill material be kept on site
and erosion controlled?
retained behind bulkhead
smoothed and grassed
r. What type of construction equipment will be used
(for example, dragtinc, b ckhoe, or hydrau
dredge)? hand tools and bacP?ioe
s. Will wetlands be crossed in transporting equipment
to project site? no If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 2 , 4 00 fee f
b. Average distance waterward. of mean high water or
normal water level 19.1 feet
d
e. Amount of fill, in cubic yards, to be placed below
mean high water 1699 cubic yards
f. Type of fill material sand
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application. only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted, Blue-line
prints or other larger plats are acceptable only if 16 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
r1`trrtss _.(?.. G i 1 1 ariIJciocl
P -. c? : iinY -5 1 Fl - - -- _---
Nance
c drrss --
Address - - - -
A list of previous slate or federal perrrrils issncd for
w01 k m) the pt.(+.rt tract. Include permit numbers,
perrrtittee, and issuing dates.
rtrlrrr.
A rherk for RI(1O ntacle payable to the lh 'o f
Natural Resrnrrces and Community f )evelopntent to
cover the costs of processing the application.
A signed A EC haru-d notice for projects in occanfrrmt
and ittlet areas.
A statement on file use of public funds. If the project
involves the expeneliture of public funds, attach a state-
ment ?loeumenting compliance with file North (Molina
Frivironrncntal policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any pcnnit issued in response to this application will
allow only fire development described in the application.
file project will tte subject to conditions and restrictions
contained in file permit.
1 certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proval Coastal i,tanagcntcnt program and will Itc con-
ducted in a manner consistent with such prograrn.
f finthr.r certify that f a?n authorized to grant, and do in
fact, grant pcrrnissior? to representatives of state and
federal re•vicw agencies to enter on the aforementioned
lairds in connection with evaluating information related
to this peimil application and follow-up monitoring of
project.
This is the
_ -clay of _L?_f tLs;j '19 c?
Lanclowrle2r AutI ut?ir_cd agent
1.
z.
:w -
.?J'``.
n ?€'r
7.
( ' DIVISION OF COAS'T'AL MANAGEMENT
! • FIELD INVESTIGATION REPORT
APPLICANT'S NAME Edenton Bav Companv 1-(
LOCATION OF PROJECT SIT
0
PHOTO INDX: 1989: I 11 - 4R15 1984: 111-852-'E
-:?T- 4
STATE PLANE COORDINATES: X: 2709000 Y: 841600
INVESTIGATION TYPE: DREDGE & FILL X CAMA X
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 07/28/92 081 1/92
(B) WAS APPLICANT PRESENT Yes No
PROCESSING PROCEDURE: APPLICATION RECEIVED August 21, 1992
OFFICE Elizabeth City
SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN Edenton
LAND CLASSIFICATION FROM LUP Rural and Conservation
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIALX _
(E) TYPE OF WASTE WATER TREATMENT: EXISTING None
PLANNED Individual. septic tanks and drain fields
(F) TYPE OF STRUCTURES: EXISTING None
PLANNED 8 Attached homes, 7 Cluster homes, 2 piers/platforms
22 individual spec. houses
(G) ESTIMATED ANNUAL RATE OF EROSION 1.7 SOURCE SCS
HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
(B) NON-VEGETATED WETLANDS:
AREA
DREDGED FILLED OTHER
Shaded
720 sq.ft,
(C) OTHER:
Shallow water habitat 45,840 sq.ft.
(D) TOTAL AREA DISTURBED: 46 ,560 sq. ft. (1.07 acres)
(E) PRIMARY NURSERY AREA: YES NO X
(F) WATER CLASSIFICATION: SB OPEN: YES NO X
8. PROJECT SUMMARY: The applicant proposes to construct 2,400 ft of
: . bulkhead an average of 19.1 ft. waterward of normal water level, 2
piers (100' x 6' and 200' x 61) each with a 500 sq ft platform 1
raised walkway (120' x 61) in the process of developing a 24' lot
s'=' subdivision on 41.8 acres.
M
Edenton Bay Company
Bio Report
Page Two
Site Description
The applicant, Environmental Professionals is the authorized
agent for Edenton Bay Company, owner of the 41.8 acre tract of land
slated for development. The tract was once part of the Hayes Farm,
" located within the extraterritorial district of Edenton on the
Albemarle Sound. The 41.8 acre tract lies south of the Hayes
Plantation (Gilliam-Woods farm) and has ingress and egress to
Edenton through the Gilliam Woods farm via a temporary road
easement over Queen Anne's Creek.
The tract rises above mean sea level between 3' and 121. The
terrain is nearly level, having a gentle slope toward two natural
flood flats. The predominate soil on the site is a fine sand,
identified as Wando. The two low, nearly level flood flats have a
very poorly drained dark silt loam soil classified as Chowan. One
of the flood flats is found on the north boundary of the
subdivision and connects to the sound. The second is located
adjacent to the sound on the south boundary of the property. The
U.S. Army Corps of Engineers has delineated these areas as 11404"
wetlands. In addition, an area of approximately 4,000 sq. ft. (.09
acre) was delineated 11404" wetlands approximately 650 ft. east of
the second flood flat.
The dominant overstory on the upland, excessively of drained
soil, Wando, consists of loblolly pine (Pinus taeda), white oak
(Quercus alba), and red maple (Acer rubrum). The understory is
made up of dogwood (Cornus Florida), sassafras (Sassafras albidum)
and American holly (Ilex o aca). A portion of the area has been
cleared for cultivation.
The vegetation on the flood flats is dominated by green ash
(Fraxinus pennsylvania), bald cypress (Taxodium distichum),
sweetgum (Liquidamber styracciflua), water tupelo (M ssa aquatica)
and red maple (Acer rubrum). The understory consists of greenbrier
(Similax sp.), giant cane (Arundinaria giaantea), poison ivy (Rhus
redicans) and sweet bay (Magnolia virginiana).
The Albemarle Sound lies adjacent to the project. These
waters are classified as SB by NC DEM and estuarine by NC DCM. The
shoreline has a very gentle slope with a firm bottom. No submerged
aquatic vegetation is present within the project area. Water
depths do not exceed 4 feet, within two hundred feet of the normal
water level. The longest fetch approaching this shoreline is
approximately 2.75 miles. The middle 8/10 of the tract's shoreline
shows evidence of active erosion. The nearly vertical bank is void
of vegetation. Conversely, approximately 480 feet of shoreline has
been overgrown with vegetation indicating a much reduced erosion
Edenton Bay Company
Bio Report
Page Three
rate. The U.S. Soil Conservation Service estimates the average
annual erosion rate for the shoreline stretching from Horniblow
Point to Queen Anne's Creek to be 1.7 feet per year.
The applicant proposes developing a 24 lot subdivision. A
total of 37 residential units are proposed resulting in a density
of .88 units per acre. Lots 2 through 23 will have a single family
residence each with its own septic tank and drain field. Lot 1
will have 8 three bedroom, single family units. Sewage from these
units will be pumped to a septic drain field located on a
contiguous area classified by the developer as "Open Space".. Lot
24 will have 7 three bedroom cluster homes. Sewage will be handled
on the lot with a septic tank and drain field.
The City of Edenton has given Edenton Bay Company a
conditional rezoning permit (Conditional Use R40 Zoning) with an
expiration date tied to the point at which 80% of the subdivision's
lots are built upon. Until that time the developer will use the
existing lane on Gilliam Woods farm and trestle bridge crossing
Queen Anne's Creek. After the tract is 80% built upon the
developer must find an alternate route through the Gilliam Woods
farm to a state road.
Two piers are proposed. One will be 100' x 6' with a 500 sq.
ft. "T" platform. It will be built off of Lot 1. The second pier
will be 200' x 6' in size. It will also have a 500 sq. ft. "T"
platform and be build waterward of Lot 16. A raised walkway, 120'
x 6' in size will cross from the highground on Lot 16 to the second
pier. Parking for 7 cars will be available on Lot 16 for those
wishing to use the second pier. Deed restrictions will limit
future pier lengths to preset lengths. The developer has set, the
pier length limits so the piers cannot be seen from historic
downtown Edenton.
The applicant requests authorization to construct 2,400 feet
of bulkhead. He desires the completed bulkhead to be build
sufficiently waterward of the NWL to result in a slope of 1:4
without grading the existing embankment. Based on the changes in
bank height the proposed bulkhead alignment will vary from 0 to 30
ft. waterward of the NWL with the average distance being 19.1 ft.
The developer has decided on this alignment in order to protect the
trees atop the embankment. He considers the high embankment a
"unique geologic feature" which warrants the proposed bulkhead
alignment being placed an average of 19.1 ft. from the NWL.
Edenton Bay Company
Bio Report
Page Four
Anticipated Impacts
The proposed project will result in the filling of 45,840 sq.
ft. (1.05 acres) of shallow water habitat which are Public Trust
Waters. No submerged aquatic vegetation is present to be impacted.
Approximately 720 sq. ft. (.017 acre) of 11404" wetlands will be
shaded by the proposed elevated walkway on Lot 16. No
jurisdictional wetlands will be filled under the proposed project.
Future development to construct a permanent road accessway to the
subdivision may result in wetland impacts.
Construction of the bulkhead and piers will result in a
localized, temporary increase in water turbidity.
The tract lies within the original historic Hayes Farm.
Development of this land by the applicant or subsequently by the
owners of individual lots may result in impacts to historic sites.
CAMA Review
The N.C. Division of Archives and History has identified two
historic sites on this site (C023, C024) and five others within the
vicinity (CO19, C020, 0021, 0025, C024). The applicant has
submitted a Preliminary Archeological Evaluation of the tract. The
evaluation team from Chesapeake Quaternary Inc. (CQI), identified
site 31CO23 as the location of "most immediate concern". In their
evaluation summary CQI concludes: "Similarly, a program of
systematic subsurface testing is warranted in the wooded areas of
the subdivision tract if an identification survey is required for
these areas".
No remanent species of plants or animals were identified on
the tract.
High, eroded banks (erosion escarpments) are found regularly
along the Chowan River and Currituck Sound. In many places the
escarpment will exceed 15 ft. height. An escarpment of 12 ft. is
not unusual.
Land Use Consistency comments will be mailed under a separate
cover.
Submitted by: Richard L. Watts
Date: August 28, 1992
s
RE0ElfV`0
AUG 1-3 '92
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
Wll If the requested information is not relevant to your
PIoJect, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
s
i
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New
1 APPLICANT
c. Will the project be for community, private, or
a. NameLenvironmental Professionals, Inc. commercialuse?'
Address 122 Sir Walter Raleigh Dr.
City Kill. Devil l all s, N. C.
Zip 27948 Dayphone (919) 441-0239
Landowner or X Authorized agent
b. Project name (if any) Edenton Bay
c. If the applicant is not the landowner, also give the
owner's name and address.
Edenton Bay Co.
P 9 Boy' 176
Edenton,N.C. 27932
2 LOCATION OF PROPOSED
PROJECT
Communitv
d. Describe the planned use of the project.
Erosion Control and Water access
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 41 . 8 a c r e s
b. Size of individual lot(s) 40 , 000 sq. ft.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
3' to 12'
d. Soil type(s) and texture(s) of tract
I'll
a. Street address or secondary road number?'?an ar}? State sell series
haves Farm e. Vegetation on tract-Quercus falcata Pinus
taeda Prunus serotina Acer rubrum
h. City, town, community, or landmark
Edenton Chowan County
c. County Chowan
d. Is proposed work within city limits or planning
jurisdiction? Yes
c. Name of body of water nearest project
.RtlPntnn R n V
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
f. Man-made features now on tract none
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
_XRural Other
h. How is the tract zoned by local government?
Conditional Use R40
L I-low are adjacent waters classified?
SC
a. f)escribe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? If so by whom?
or pier). Bulkhead Piers Chesapeake Quat ary fnc.
114 East Sportsman Drive
T-$LvTr?hills - r
, 2794
J a ?
5 UPLAND DEVELOPMENT ------- -
c'c?nlplrte this section if file project includes any land
dcvclopment.
a. 'I'We and comber of buildings, facilities
or
,
stn?c•turrspropesc(I ._ No tt Ill. Water supply •
Source Chowan county
-
b
--- - -
-- n. Il the project is oceanfront development, describe
-
. Number of lots or parcels _
-
?4_-__"-- the steps that will be taken to maintain established
- ---------
c•- I")enettY ((,ive the numl)cr of residential units and the public beach accessways or provide new access.
--
- ----
units per acre.) 3.7 [ j> e r -1 , 1 3 ,1 c; r c' s
d. Sic of area to be graded or dis(uncm - --- - - - --- -------"
-_-_` 34 acres o. If the [,reject is on file oceanfront, what will be the
c. If the proposed project will disturb more than one elevation above mean sea level of the first habitable
floor?
acre of land, file Divisionl of Land Resources meet NI ----
rec•rive an erosion and sedirnenlation co?ltrol Ulan at
least 'ill days befo
l
d --- - ---
re
an
dislilrhing aC(iVify begins.
(f applicable, has a sedimentation and erosion
control
l
b
G EXCAVATION AND FILL
p
an
een submitted to the Division of Land
Resources?
_}'cs -
INFORMATION
----------- --- -
f. ("ive rile percentage of file tract within 75 feet of
mean high Water to b -
a. DcsclilW below the purpose of proposed excavation
e covered by [nlperlncable
silt-faces, slich aS pavement. buildings, rooftops. or fill activities (excluding bulkheads, which are
COMM ill Section 7).
g. List the materials, such as marl, paver stone, as )hat(
I Length Width Depth
Access
l
l
1
lei
,
or concrete, to he used for paved surfaces.
G-ll 1l a.1 t --- -- N
r
(
(NII, V) o
WI,)
------- -- - ---- -- -- ° -- - float basill
tl. If applieablC, hae a slorrnwater management plan
been submitted 10 the Divi
i Oflier (hrcak-
s
on of rnvironnlental
Management? } c, s
water, pier,
?
eo eo
lxrri rare[),
T'
i. Describe proposed sewage dislx)sal and/or waste
6
rock jetty)
walcrUcal?ncnt facilities. j
c)nai t-e .9C, 1 e d.i s )oscl 1. Fill placed in
wetland or below
_ h71IW
j. lave these facilities received state or local approval? I1pland fill
- areas
k• Describe existing Irratrllent facilities.
'1011" b. Amount of rllaterial to be excavated from below
water level in cubic yards ---ULn
C. Type of material
I. Desctille location and type of discharges to waters of d.
Does file aica to be
? d r?clude marshland,
the slate (forexalrlple, Slll.flce ?Tlnoff
sanitar swamps c r olllcr wellan ds
s'
,
y
tvaelewa(cr, indnsnial/cornrnercial effluent, "wash
down")
,
il()
-----
.-
11 C C. High f,r
cued cxcava
?r? in cubic yards
N
ft.
7. ft
RECEIVED
f. Dimensions of spoilldieposal area C.
g. Location of spoil disposal area d.
N/A
e.
Do you claim title to the disposal area? _ N/A
If not, attach a letter granting permission from the
owner.
i. Willa disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? N / A
1. Amount of fill in cubic yards N/A
in. Type of fill material ---N, A --
n. Source of fill material N / A
o. Will fill material be placed on marsh or other
wetlands? no
p. Dimensions of the wetland to be filled
None
q. How will excavated or fill material be kept on site
and erosion controlled?
retained behind bulkhead
smoothed and grassed
r. What type of constriction equipment will be used
(for example, drag ine, b ckhoe, or hydrae11i
dredge)? lranf too s and back?ioe
s. Will wetlands be crossed in transporting equipment
to project site? no if yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap _2T4-OD_ fae t
b. Average distance waterward of rncan high water or
normal water level 19 . 1 f e e t
AUG 10 '92
Shoreline erosion during preceding 12 months, in '
feet greater than 10' ecru
Type of bulkhead material pressure t r e a t`e d
woo
Amount of fill, in cubic yards, to be placed below
mean high water 1.699 cubic yards
f. Type of fill material sand
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under wluch the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 I white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted: Blue-line
prints or other larger plats are acceptable only if 16 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A storrnwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
s ti r
Name J_-_(:_i 1_1.;i_?lm tdoclcl
- - - - ---- .---- . -- - -
Address
p. ci :_...linx---51 8--------
N c
Name
Address --------- -.._.--
Name
Address -- -- ---
A list of previous state or federal permits issued For
WOlk on file projrc't tract. Include pcrmlit nnnltxrs,
pernitice, and issuinfi dales.
110 110
A check for $1()O made payable to the I)rpartrll(- rlt of
Na(ural Resortrces and ('o?nnlllnily I)eveloprnent to
cover the costs of processing the application.
A sighed A F-C harlr'd notice for projects in oceanfront
and inlet arras.
-A sfatenl?nl on (he use of public funds. If life project
involves the expenditure of public funds, attach a slate-
ment documenting corm pliance witfl the Norlh Carolina
Environmental Policy Act (N.C.G.S. I I3A-I to 1O).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any per?llit issued in response to this application will
al
low only file (leveloprnen! described in the application.
Tile
contpro
iwill p
c jdectn
csuitbject to condilions and restrictions
tht)ern
on
aine.
e
I ccrtify 01;11 to the best of illy knowledge, the proposed
activity complies wi(h the Stale of North Carolina'scoap-
n-
proved ('oastal i,7anagenlcul I'rogrtun and will t)e
ducted in a manner consistent with such program.
I f1l"ller ccrtify Ill"! I am autlorized to grant, and do in
fact, grant permission to representatives of slate and
federal lcview "gencics to enter ort the aforementioned
lands in comlectiorl with evaluating information related
to this permit application and follow-up monitoring of
project.
_L
This is file N
- -----clay of 19 G
Landowncr?or Autho
rrzcd age
gent
I
To: John Dorney
Planning Branch
WA
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
RECOMMENDATION:• ISSUE ISSUE/COND DENY 40,f ?') ) l?_
SEP 1 71992
WaRO PROJECT # / -2 -O6 T- ?---- WQ SUPERVISOR: RPE
REVIEWER: SAWYER DATE: ?- L0? / g S Z
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO. COUNTY:
PROJECT NAME: ?.
PROJECT TYPE:'," PERMIT TYPE: (ji44/COE
COE #: DOT #:
RCD FROM CDA: DCM DATE FROM CD,. `j?2 /vo
: Cfvtd
REG OFFICE: WaRO RIVER AND SUB
JUP
STREAM OR ADJACENT WATER BODY: S'AC---'A CLASS : a e-s-" G, n, a?.•) STREAM INDEX #: o2Cl
t
OPEN OR CLOSED:
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: , V WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE• RATING SHEET ATTACHED?
STORMWATER PLAN REQ' D : IF YES, DATE APPROVED :?
PROJECT DESCRIPTION- P a moo
WATER QUALITY CERT. (401)
CERT. REQ'D:
IF YES, TYPE :
SEWAGE DISPOSAL
a- "I- c? l l ?? , 2 w4 Pte,
TYPE OF DISPOSAL PROPOSED:
(EXISTING, ROPOS PTIC T ETC.)
TO BE PERMITTED BY:
(DEM, DHS, CO )
WATER/WETLAND FILL
AREA OF FILL: WATER: s Svo WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE? 7
DREDGING
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
AREA TO BE DREDGED: j jq_
IS DREDGING ACTIVITY EXPECTED TO CAU$E ')Z NIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
/IkS-ERVICES:
OXYGEN IN BASIN: CLOSURE OF H ING WATERS:
X
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
DIVISION OF F.?VIRONMENTAL 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 d.for Stormwater Review
Project: _n(/_ P143 Project No.: L Z
Date Received: 2_6g 3
Date Comment : 9 Z d 4! h
Description o Project:
Comments:
1
y
z.
2.
3 .
4.
i -
7.
DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT OFFICE
APPLICANT'S NAME Edenton Bay Company
LOCATION OF PROJECT SITE On the old Haves Plantation Farm
approximately 1mile south of historic Edenton across Oueen Anne's
Creek on the Albemarle Sound.
PHOTO INDX: 1989: I 11 - 4R15 1984: 111-852 E-7
STATE PLANE COORDINATES: X: 2709000 Y: 841600
INVESTIGATION TYPE: DREDGE & FILL X CAMA X
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 07/28/92 08/21/92
(B) WAS APPLICANT PRESENT Yes No
PROCESSING PROCEDURE: APPLICATION RECEIVED August 21. 1992
OFFICE_ Elizabeth City
SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN Edenton
LAND CLASSIFICATION FROM LUP Rural and Conservation
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS PUBLIC TRUST WATERS _X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING None
PLANNED Individual septic tanks and drain fields
(F) TYPE OF STRUCTURES: EXISTING None
PLANNED 8 Attached homes 7 Cluster homes, 2 piers/platforms
_22 individual spec houses
(G) ESTIMATED ANNUAL RATE OF EROSION 1.7 SOURCE SCS
HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
(B) NON-VEGETATED WETLANDS:
8.
y
(C) OTHER:
Shallow water habitat
AREA
DREDGED FILLED OTHER
Shaded
720 sq.ft.
45,840 sq.ft.
(D) TOTAL AREA DISTURBED: 46,560 sq. ft. (1.07 acres)
(E) PRIMARY NURSERY AREA: YES NO X
(F) WATER CLASSIFICATION: SB OPEN: YES NO X
PROJECT SUMMARY: The applicant proposes to construct 2,400 ft of
bulkhead an average of 19 1 ft waterward of normal water level 2
piers (100' x 6' and 200' x 61) each with a 500 sg ft platform, 1
raised walkway (120' x 61) in the process of developing .a 24' lot
subdivision on 41.8 acres.
n
Edenton Bay Company
Bio Report
Page Two
Site Description
The applicant, Environmental Professionals is the authorized
agent for Edenton Bay Company, owner of the 41.8 acre tract of land
slated for development. The tract was once part of the Hayes Farm,
located within the extraterritorial district of Edenton on the
Albemarle Sound. The 41.8 acre tract lies south of the Hayes
Plantation (Gilliam Woods farm) and has ingress and egress to
Edenton through the Gilliam Woods farm via a temporary road
easement over Queen Anne's Creek.
The tract rises above mean sea level between 3' and 121. The
terrain is nearly level, having a gentle slope toward two natural
flood flats. The predominate soil on the site is a fine sand,
identified as Wando. The two low, nearly level flood flats have a
very poorly drained dark silt loam soil classified as Chowan. One
of the flood flats is found on the north boundary of the
subdivision and connects to the sound. The second is located
adjacent to the sound on the south boundary of the property. The
U.S. Army Corps of Engineers has delineated these areas as 11404"
wetlands. In addition, an area of approximately 4,000 sq. ft. (.09
acre) was delineated 11404" wetlands approximately 650 ft. east of
the second flood flat.
The dominant overstory on the upland, excessively of drained
soil, Wando, consists of loblolly pine (Pinus taeda), white oak
(Quercus alba), and red maple (Acer rubrum). The understory is
made up of dogwood (Cornus Florida), sassafras (Sassafras albidum)
and American holly (Ilex o aca). A portion of the area has been
cleared for cultivation.
The vegetation on the flood flats is dominated by green ash
(Fraxinus pennsylvania), bald cypress (Taxodium distichum),
sweetgum (Liquidamber styracciflua), water tupelo (M ssa aquatica)
and red maple (Acer rubrum). The understory consists of greenbrier
(Similax sp.), giant cane (Arundinaria gigantea), poison ivy (Rhus
redicans) and sweet bay (Magnolia virginiana
The Albemarle Sound lies adjacent to the project. These
waters are classified as SB by NC DEM and estuarine by NC DCM. The
shoreline has a very gentle slope with a firm bottom. No submerged
aquatic vegetation is present within the project area. Water
depths do not exceed 4 feet, within two hundred feet of the normal
water level. The longest fetch approaching this shoreline is
approximately 2.75 miles. The middle 8/10 of the tract's shoreline
shows evidence of active erosion. The nearly vertical bank is void
of vegetation. Conversely, approximately 480 feet of shoreline has
been overgrown with vegetation indicating a much reduced erosion
'n
hs
G
p
j
IQ
Edenton Bay Company
Bio Report
Page Three
rate. The U.S. Soil Conservation Service estimates the average
annual erosion rate for the shoreline stretching from Horniblow
Point to Queen Anne's Creek to be 1.7 feet per year.
The applicant proposes developing a 24 lot subdivision. A
total of 37 residential units are proposed resulting in a density
of .88 units per acre. Lots 2 through 23 will have a single family
residence each with its own septic tank and drain field. Lot 1
will have 8 three bedroom, single family units. Sewage from these
units will be pumped to a septic drain field located on a
contiguous area classified by the developer as "Open Space". Lot
24 will have 7 three bedroom cluster homes. Sewage will be handled
on the lot with a septic tank and drain field.
The City of Edenton has given Edenton Bay Company a
conditional rezoning permit (Conditional Use R40 Zoning) with an
expiration date tied to the point at which 80% of the subdivision's
lots are built upon. Until that time the developer will use the
existing lane on Gilliam Woods farm and trestle bridge crossing
Queen Anne's Creek. After the tract is 80% built upon the
developer must find an alternate route through the Gilliam Woods
farm to a state road.
Two piers are proposed. One will be 100' x 6' with a 500 sq.
ft. "T" platform. It will be built off of Lot I. The second pier
will be 200' x 6' in size. It will also have a 500 sq. ft. "T"
platform and be build waterward of Lot 16. A raised walkway, 120'
x 6' in size will cross from the highground on Lot 16 to the second
pier. Parking for 7 cars will be available on Lot 16 for those
wishing to use the second pier. Deed restrictions will limit
future pier lengths to preset lengths. The developer has set, the
pier length limits so the piers cannot be seen from historic
downtown Edenton.
The applicant requests authorization to construct 2,400 feet
of bulkhead. He desires the completed bulkhead to be build
sufficiently waterward of the NWL to result in a slope of 1:4
without grading the existing embankment. Based on the changes in
bank height the proposed bulkhead alignment will vary from 0 to 30
ft. waterward of the NWL with the average distance being 19.1 ft.
The developer has decided on this alignment in order to protect the
trees atop the embankment. He considers the high embankment a
"unique geologic feature" which warrants the proposed bulkhead
alignment being placed an average of 19.1 ft. from the NWL.
t ?
Edenton Bay Company
Bio Report
Page Four
Anticipated Impacts
The proposed project will result in the filling of 45,840 sq.
ft. (1.05 acres) of shallow water habitat which are Public Trust
Waters. No submerged aquatic vegetation is present to be impacted.
Approximately 720 sq. ft. (.017 acre) of 11404" wetlands will be
shaded by the proposed elevated walkway on Lot 16. No
jurisdictional wetlands will be filled under the proposed project.
Future development to construct a permanent road accessway to the
subdivision may result in wetland impacts.
Construction of the bulkhead and piers will result in a
localized, temporary increase in water turbidity.
The tract lies within the original historic Hayes Farm.
Development of this land by the applicant or subsequently by the
owners of individual lots may result in impacts to historic sites.
CAMA Review
The N.C. Division of Archives and History has identified two
historic sites on this site (0023, C024) and five others within the
vicinity (CO19, C020, C021, C025, C024). The applicant has
submitted a Preliminary Archeological Evaluation of the tract. The
evaluation team from Chesapeake Quaternary Inc. (CQI), identified
site 31CO23 as the location of "most immediate concern". In their
evaluation summary CQI concludes: "Similarly, a program of
systematic subsurface testing is warranted in the wooded areas of
the subdivision tract if an identification survey is required for
these areas".
No remanent species of plants or animals were identified on
the tract.
High, eroded banks (erosion escarpments) are found regularly
along the Chowan River and Currituck Sound. In many places the
escarpment will exceed 15 ft. height. An escarpment of 12 ft. is
not unusual.
Land Use Consistency comments will be mailed under a separate
cover.
Submitted by: Richard L. Watts
Date: August 28, 1992
s
RECEINED
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, tilling, paving, land clearing, and stormwater con-
fro), If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
AUG It '92
1
i i?.A car
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New
1 APPLICANT
C.
Will the project be for community, private, or
commercial use?'
Communitv
a. Name.Environmental Professionals, Inc.
Address 122 Sir Walter Raleigh Dr.
City Kill Devil .bills, N.C.
tate
Zip 27948 Dayphone (919) 441-0239
Landowner or X Authorized agent
b. Project name (if any) Eden ton Bay
c. If the applicant is not the landowner, also give the
owner's name and address.
Edenton Bay Co.
Box 176
Edenton,N.C. 27932
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
_Haves Farm
b. City, town, community, or landmark
Edenton Chowan County
County Chowan
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
_F.rlantan R a v
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). Bulkhead Piers
d. Describe the planned use of the project.
Erosion Control and Water access
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 41 . 8 a c rp
b. Size of individual lot(s) 40,000 sq. ft.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
3' to 12'
d. Soil type(s) and texture(s) of tract
Chow an and- -2 t@ soli_ go-r-4
e. Vegetation ontract _Quercus falcata Pinus
taeda Prunus serotina Acer rubrum
f. Man-made features now on tract none
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
_ X Rural Other
h. How is the tract zoned by local government?
Conditional Use R40
i. How are adjacent waters classified?
SC
j. Has a professional archaeological survey been
carried out for the tract? If so by whom?
Chesapeake Quatary inc.
114 East Sportsman Drive
Kill ?vil hills, N.G.-
27948
UPLAND DEVELOPMENT
I'onlplete this section if the projcct includes any land
deveiopnrem,
a. 'I•yI'e and number of buildings, facilities, or
strncl a rrs proposed- _ . N o.it e
I,. l4lumler of lots or parcels _24 -- ----- --- --
c. Density ((;ive the number of residential units an(, the
rlnits per acre.) _3 _7 l he r 1 ,_I 3_ a c r e s
d. Si-rc of area to be graded or disturf?cd
a c r e s
C. If the proposed project will disturb ?nore Than one
acre of land, file Division of Land Resources must
receive air erosion and sedimentation control plan at
least 30 days t?cfore land disturhing activity begins.
If applicable, Iris a se(Iinrentaliotr and erosion
contrrll plan I)Ccn submitted to the Division of Land
Resom-c•es? Y e s
rrf. Water supply source Chowarr County
tr. If the pre+ject is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
-- o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?. N /A
f. (7ive the percentage of the tract within 75 feet cif
mean higir water to be covered by irnpenneable
surfaces, such as pavement, buil(ings, rooftops.
g. list the materials, such as marl, paver stone, asphalt,
or concrete, to Ix' used for paved surfaces.
a SJ). Il_a , t ---
If applicable, Iran a storrnwater management plan
been srrbrnitfed to the Division of Environental
management? Y e s
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
onsi1, e sewngc disposal
6 EXCAVATION AND FILL
INFORMATION
a. Desclibc below the purpose of proposed excavation
or fill activities (exclu(ling bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel -----__ T?
(Ml_W) or (NWL) I
Boat basin
Other (break-
waler, pier,
tx)a( ramp,
rock jelly)
Fill placed in
wcllan(I or t)clow
h1IIW
j. llav5 Ilrese facilities received state or local approval? Upland fill
areas
-----------
k. Dcscritre existing treatment facilities.
1101)('
I. Describe location and type of discharges to waters of
the state (forexample, surface ?unoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"none
h. Amount of material to be excavated firOln below
water level in cubic yards _ N /A
c. 7•ype of nurterial - N / A
d. Does the area to be excavated include marshland,
swamps, or olher wetlands?
c. I Iigh ground excaval ?rl' in cubic yards
. ft.
. ft.
RECEIVED +
f. Dimensions of spoilldieposal area
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.
L Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? N / A
1. Amount of fill in cubic yards N/A
in. Type of fill material _N "
n. Source of fill material N/A
o. Will fill ?naterial be placed on marsh or other
wetlands? no
p. Dimensions of the wetland to be filled
None
q. Now will excavated or fill material be kept on site
and erosion controlled?
retained behind bulkhead
-smoothed and grassed
r. What type of construction equipment will be used
(for example drag line, bickhoe, or hydraulic
dredge)? 'han too s and bac oe
s. Will wetlands be crossed in transporting equipment
to project site? no If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap _? . nn f e e t
b. Average distance waterward of mean high water or
normal water level 19.1 feet
AUG 10 '92
c. Shoreline erosion during preceding 12 months, in '
feet., greater than 10' ccm
EIMM
d. Type of bulkhead material pressure t r e a t`e d
woo
e. Amount of fill, in cubic yards, to be placed below
mean high water 1699 cubic yards
f Type of fill material
sand
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of tine deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x. 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A slormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
" Name J..._ _ C i 11.4 _agr _WQOcl
Address
P- (>;-. fin ----
.31-- _.----
I(c1r•nton, N. C. 275)
N?me
Address
TJacne
Address -----
A list of lrrevions state or federal hermits issued fbr
work on the project tract. Inciucle perrrtit numbers,
pennitlee, and issuing dates.
ncrrr0
A check fin- X1110 made payable to the Drpartnunt of
Natural Resources and Community Development to
cover the costs of processing the application.
A Signed Ar(' hazard notice for projects in oceanfront
and irtlct areas.
A ',"alenrent on lire ttse of public funds. If the project
involves the expcn(litnre of public ftmds, attach a Mile-
ment rtocuntcrtting compliance with the North Carolina
Frivironrnental Policy Act (N.C.C.S. 113A-1 to 1(1).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only file development described in the application.
The project will tic subject to conditions and restrictions
contained in the permit.
I certify that to the hest of my knowledge, the proposed
activity complies with life State of North Carolina's ap-
provcd ('oaslal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify Ilrat I atn authorized to grant, and do in
fact, grant permission to represcntalives of state and
federal review agencies to enter on the aforerncntioncd
lands in connection with evaluating information related
to This permit application and follow-up monitoring of
project.
'T'his is the fJL- day of -AtA USj_, 19 -?Lz
X- __
Z-4- '`?
Laneroc?r Authorized agent
MEMORANDUM
TO:
John Dorney
Planning Branch
SEP 1 71992
f
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
INITIALS:
Reviewer:
WQ Dater
Date
PERMIT_YR: 92 PERMIT NO: 0000485 COUNTY: CHOWAN
APPLICANT NAME: J. GILLIAM WOOD
PROJECT TYPE: ROAD CROSSING PERMIT-TYPE: NW14
. COE_#: DOT_#:
RCP-FROM CDA• APP DATE_FRM CDA: 08/31/92
???FFICE; ?iO ? RIVER AND_SUB_BASIN # : C? -Of
STREAM CL ? A -. el PVS-0 NSA
STR_INDEX NO : e2(o -/
WL_IMPACT?: ON
WL REQUESTED : • D 3 `1?
HYDRO_CNECT?: YIN
MITIGATION?: YIN
MITIGATION SIZE:
WL_TYPE:
WL_ACR EST?: YIN
WL_SCORE(#):
MITIGATION TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y&
RECOMMENDATION (Circle One):_CfEjUF ISSUE/COND DENY
COMMENTS:
cc: Regional Office
Central Files
kap.-"'
DEM ID: 92t??
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE.PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.Q. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-451,
ACTION ID:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVI '
AND NATURAL RESOD
P.O. BOX 29535
RALE-IGH, NC 27626-05
ATTN: MR. JOHN DORNE ?•.?)G 3'?`; ."'
Telephone (919) 733-,5
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SEWTO THE
ENGINEERS. SEVEN (7) COPES SHOULD BE SENT TO THE N.C. DIVI
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT,
1. OWNERS NAME: ). 4 ;)1;L1!r (.code) 01,
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME): (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: _ Environmental Professionals, Ind;
It lei h Or,
- 122 Sir 5. LOCATION OF PLANNED WORK (ATTACH MAP),
COUNTY:
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (:NCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
6. NAME OF CLOSEST STREAM/R:VER; fd 13
-1--
7. RIVER BASIN:
8. IS THIS PROJECT LOCATES :N A WATERSHE CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? rES , 1 NO
9. HAVE ANY SECTION ..Ow PERM:'S BEEN PREOUSLY REQUESTED FOR USE ON THIS
PROPERTY? 'ES NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
,;2 gl4 r e •,?
2/3/92
r ? ? r
a ,4,k er?f
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: .V37acros
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: o3 7 c.?..a
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) :
Gr&-T
T r. ¦ r/l?I.r?llll, Igll?lIPIIII?111w.1+?
13. PURPOSE OF PROPOSED WORK:
¦ I . rl¦ I r?r?la l?l ,l11 IIR I?I1.1
r
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS• A&TIVITY• MUST• BE"
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN T/Q MINIMIZE WETLAND
IMPACTS. AxL_ / a,•. t /l. •:A' d6'.t il1)4 e> 'r rl..? • '&Sw.:..... ""'&) lMi
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES (THA ? NO ( I
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT? l
HAVE YOU DONE SO? YES (?1 NO ( J
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED
A. WETLAND DELINEATION MAP SHOW
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE
PROJECT.
C. IF DELINEATION WAS PERFORMED
RELEVANT TO THE PLACEMENT OF THE
BY DEM:
ING ALL WETLANDS, STREAMS, AND LAKES ON'
PHOTOGRAPH OF WETLANDS TO BE IMPACTED, BY
BY A CONSULTANT, INCLUDE ALL DATA SHEETS
DELINEATION LINE.
0. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECTt ATTACH
COPY.
E-. WHAT IS LAND USE OF SURROUNDING PROPERTY? AGrICwF[I/
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
rv
O R' SIGNATURE DATE
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Environmental Professionalst Incq
122 Sir Walter Raleigh Dr.
Kill Devil Hills, N.G. ;1848_
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Environmental Professionals, Inc. 1 VA
122 Sir Walter Raleigh Dr. 2e#w`I4
Kill Devil Hills, N.C. 27948 1 N ?c?? #r / ?-
r
i' d with. Il r MoP A&,. Date
Time a.m.
t _ .m.
i Componyl Phone No.
Tf rrt r^tr, h is
Re -- lT, rr - ?. L r r.,,• ,,` ?? , r? 2
a, placed call Party called
My Q'message ? reply t! . ?.. ? it
Party's amessage 0 reply vrtc ; r?F .
Action or follow-up necessary c e;)•t`
7/ - -,--7
7
Refer to ?Ftls
Signed 1.e,,,.. h
1-0-k is "Copyright 1970 LAural Office Akio Inc . BrOn¦vrlle. N Y
Talked with
,?t:r Date
Of M Time,,,,. ?t1•
N F'S
lcornpanyl Phone No,
31"piaced call D
Party called
My Imessage a reply _ F; 1; ,? (^ I / nr w ; t
Party's message reply
Action or follow-up necessary n ,,l
Refer to
Signed j•(,' ?Y• ,,
rerrr.OA 33 "'Copyright 1970 L1urN Office Ards. Inc . Bronyvdie N Y .
1
d with Date ,-7Time
f ?il?F!
(ComPonY) Phone No.
Rs
Erl T I J?LYr?n.l
placed cell C Party called
MY a message Q reply _ ?: i . , ?.,? n • , r
Party's message Lj reply _ C,d
Action or follow-up necessary A(I'A
Eisler to Q FiIs
Signed 24e_,2_,- ' lif/
Fv-0e 33 °Copynghl 1970 latufM Office Aid% Inf. 8.0n?v-11A N y
Delineator;
Nearest Town:
Quad: L
Property Qwne
Tlme _ J5 Ili Date: /I/2, County:
waterway Gnl,<..do.t
ress Pj' Do:nq work (Name/Address)
_ _ -? ; rc_?_Tc?ta l Professionals, Inc.
»a 1?er 17aT-eiRfi-6r1 ve
n, Deb N1IIs,_N C 2794
{ :,0 C.row._
Phone: )__(9_19) 441-0239
W . ?EE I A
1 • Arcr rw6ftw--, y?dr
/Vyrr?„ s y /vrctr94- e0?.
3.
Saclinaa/Shrubs:
.
1 Fern-.- borwvo p.-
3,
Ground Cover:
1 Cc?tx.? W?Z'?r.. ate
2.
4.
Vines:
2.
series: ..?e:AAx A .._.
Hydric Soil: Yes.[„No
Mottled: Yes„ZMo
Matrix Color:_
o- G m yk. q/2
Hydrology: I I
Inundat'ed':.. Yes k/ No Depth of water
Saturated Soils: Yes_ 80 Depth to saturatlun/water,Table
Other Indicators:
Wetland Hydrology: Yes No aas:s; ,, 1z' -'
WETLAND DF.LIWLATION CRITERIA
Phone: (, Fj ) _yka-
General Description: _ rncLA4- ;-.,.e U
S:HS?BL?
t
1.
Saplings/Shrubs:
Series.__ e.
Hydric Soil: Yes sNo,?
Mottled; yes,,.No,,,c
Matrix Color:
o-7
7• /3 /a 7,e G13
J3,111 7• ,;MW
Ground Cover;
1. ?-? ,• ? <. C rc?. c.uMn d ti?s ? S /u?'U 'a <, :;,
3.
4.
wQQ!;jy vines ;
2. 1 ak IOA.% w I#
fu r ¢.
Hydrology; L
Inundated: Yes NoDept,h of water. _
Saturated Solls: Yes No ? Dep;n to Satur,i'!or.'water Table
Other Indicators:
wetland Hydrology; Yes No Basis.
Atypical Situation: Yes Nom Norma. Condltlons: Yes,/ No
DEM ID: /2-z1
JOINT APPLICATION FORM
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 C
NATIONWIDE PERMITS THAT REQUIRE INDIVI"DUAL SE
-- NO COM
tons, we
43 flnstraint? sand staffing
rma necessary for
are unable to
providing, comments. This position
of the pro. fe neither
.,annrnual nor disapproval _
E DIS
WILMINGTON DISTRICT EN ER TER QUALITY PLANNING
CORPS OF ENGINEERS SEP1992 ISION OF ENVIRONMENT A?A
DEPARTMENT OF THE ARM DEPARTMENT OF.ENVIR .T,
P.O. BOX 1890 = REC
EIVED AND NATURAL RESOUR
Habitat
WILMINGTON, NC 28402 900 BOX 29535 3
ATTN: CESAW-CO-E pm LEICH, NC 27626-05 5 I'
Telephone (919) 251-45 TTN : MR. JOHN DORN w?1N0
bTelephone ` (919) 733-,5 wArER gA(fryGSnT,
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT'TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT,
1. OWNERS NAME: ). g;J/;aj (,4)4 )cji
2. OWNERS ADDRESS: [3L,Y T1 8
3. OWNERS PHONE NUMBER (HOME): (WORK): c1q.2
U. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: EnVlronmental Professionals, Ine
122 Sir Walter Raleigh a.
' Vil fills N.C. 27948 Kill D "- -'
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: (f A A, "ekoy?
NEAREST TOWN OR CITY; Z
SPECIFIC LOCATION (:NCLUDE ROAD NUMBERS, LANDMARKS, ETC.);
6. NAME OF CLOSEST STREAMER:VER: _Ea(r„t- o_ C3Q,?,
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED :N A WATERS HE CLASSIFIED AS TROUT, SA, HOW, ORW,
WS I, OR WS II? (ES ( ) NO
9. HAVE ANY SECT:ON »Ou PE9M „ S BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? '.'ES ; '40
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
_ a? ctL r P ??
2/3/92
DEPARTMENT OF THE ARMY f2 M f2
WILMINGTON DISTRICT, CORPS OF ENGINEERS D p- l5 U l5
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
1'J?71G u
IN REPLY REFER TO October 1, 1992
Regulatory Branch
Action ID. 199203398
Edenton Bay Company
Att: Mr. John G. Wood, Jr.
Box 176
Edenton, North Carolina 27932
Dear Mr. Wood:
Please reference your August 18, 1992, meeting with Mrs. Laura Fogo of my
staff, and Mr. George Wood of Environmental Professionals, on your property
located within the Hayes Farm, adjacent to Edenton Bay, off of Water Street,
in Edenton, Chowan County, North Carolina. The purpose of this meeting was to
verify the recent wetlands delineation survey you have undertaken for your
proposed development, Edenton Bay Company.
Based upon the previous onsite inspection on August 18, 1992, and review
of the aforementioned survey, we recognize this surveyed alignment to be the
limits of our regulatory jurisdiction on the property. Unless there is a
change in the law or our published regulations, this determination of the
limits of wetlands may be relied upon for a period not to exceed three (3)
years from September 10, 1992.
Enclosed are copies of the Wetland Determination Forms, providing specific
information obtained at stations on your property. The data on these forms
supports the delineation of wetlands on your site.
As previously discussed with you and Mr. George Wood, pursuant to Section
404 of the Clean Water Act, a prior Department of the Army permit
authorization will be required for any discharge of excavated or fill material
into waters and/or wetlands on the property. Federal permit authorization
will not be required for work on the property restricted to existing high
ground. Please be reminded that this authorization does not relieve you of
the responsibility to obtain any other required State or local approval.
Thank you for your time and cooperation. If you have any questions,
please contact Mrs. Fogo, at the Washington Regulatory Field office, telephone
(919) 975-3609.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
*' . +-'k
-2-
Copies Furnished:
Mr. George Wood
Environmental Professionals Inc.,
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27948
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Di Sion of Environmental Management
rth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard Watts
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
1367 U. S. 17 South
Elizabeth City, North Carolina 27909
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Harry Bailey
Land Quality Section
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 30, 1992
Regulatory Branch
Action ID. 199203398 and Nationwide Permit No. 14 (Road Crossing)
Mr. J. Gilliam Wood
Box 518
Edenton, North Carolina 27932
Dear Mr. Wood:
Please reference your application of August 27, 1992, for Department of
the Army authorization to place fill material in approximately 0.037 acres of
404 wetlands for the purpose of constructing a 32-foot-long by 57-foot-wide
minor road crossing to access your property, located within the Hayes Farm,
adjacent to Edenton Bay, off Water Street, in Edenton, Chowan County, North
Carolina. The proposed road crossing will provide access from the Hayes Farm
to the existing highground within your proposed development, Edenton Bay
Company.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
fj. 4-3
-2-
Your proposed road crossing is authorized by this nationwide permit
provided it is accomplished in strict accordance with the enclosed conditions.
This nationwide permit does not relieve you of the responsibility to obtain
any required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
As discussed, you should contact the following State agencies to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone (919) 733-1786,
and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
(919) 733-2293.
Thank you for your time and cooperation. If you have any questions,
please contact Mrs. Fogo at the Washington Regulatory Field office, telephone
(919) 975-3609.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
Mr. George Wood
Environmental Professionals Inc.,
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27948
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Qua '£y Section
Divisi of Environmental Management
Nor Carolina Department of
nvironment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard Watts
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
1367 U. S. 17 South
Elizabeth City, North Carolina 27909
I-
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. 199203419
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:
D L3 I
Nov
Reference the application of the Edenton Bay Company for a Department of
the Army permit to construct two piers and a raised walkway and construct and
backfill a bulkhead on Queen Ann's Creek, Edenton Bay, Albemarle Sound, south
of Edenton, Chowan 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 bulkhead will be positioned in strict accordance with permit
plans. To prevent an unintentional violation of this authorization,
representatives of the North Carolina Division of Coastal Management and the
U.S. Army Corps of Engineers will be available to stake the alignment prior to
construction.
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. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
r , .:.
-2-
g. 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.
h. 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 are not considered significant.
i. No ground-disturbing activities will be conducted within the permit
area until the following conditions are carried out:
(1) An archaeological survey will be conducted to identfy and
evaluate the significance of any archaeological site which may be affected by
the project.
(2) All archaeological investigations will be conducted under the
direction of an experienced archaeologist. Upon completion of the
archaeological survey and site evaluation, a written report must be submitted
to the North Carolina Division of Archives and History for review and comment.
Any mitigation plans developed for National Register-eligible sites will be
approved the the North Carolina Division of Archives and History prior to
implementation.
(3) If it is determined that National Register-eligible
archaeological reources are within the permit area, and that the sites will be
adversely affected by proposed construction activities, a detailed mitigation
plan must be developed and executed.
Questions or comments may be addressed to Ms. Laura Fogo, Washington Field
Office, Regulatory Branch, telephone (919) 975-3609.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
e -r
11-0 ,..
-3-
Copies Furnished:
Mr. John Dorney
/Wate Quality Section
ion of Environmental
agement
Carolina Department of
ironment, 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
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. David Griffin, District Manager
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
v
DEPARTMENT OF THE ARMY -
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 3, 1992
Regulatory Branch
Action ID. 199203419
Edenton Bay Company
Post Office Box 176
Edenton, North Carolina 27932
Gentlemen:
. 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 August 31, 1992, for Department of
the Army authorization to construct two piers and a raised walkway and
construct and backfill a bulkhead on Queen Ann's Creek, Edenton Bay, Albemarle
Sound, south of Edenton, Chowan 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 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. 1992033419
and will be coordinated by Ms. Laura Fogo in our Washington Field Office. She
is available at telephone (919) 975-3609.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
y. .
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
John Dorney
Water Quality Section
fr'
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
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. David Griffin, District Manager
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
-2-
Environmental Professionals,.Incorporated
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27948
!Y
-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 3, 1992
Regulatory Branch
Action ID. 199203419
Edenton Bay Company
Post Office Box 176
Edenton, North Carolina 27932
Gentlemen:
Reference your application for Department of the Army (DA) authorization
to construct two piers and a raised walkway and construct and backfill a
bulkhead on Queen Ann's Creek, Edenton Bay, Albemarle Sound, south of Edenton,
Chowan 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.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by October 5, 1992. Also, a copy
-2-
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 Ms. Laura Fogo,
Washington Field Office, Regulatory Branch, telephone (919) 975-3609.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
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
John Dorney
ivision of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin, District Manager
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Environmental Professionals, Inc.
122 Sir Walter Raleigh Drive
Rill Devil Hills, North Carolina 27948