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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 r r -2- 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 ? T7"Valt?aila `'cff,`'`?-I?.?'-i.a ? ? ?• .i ? t- •-? i -? I ? L• - - /.... ?' i . ..*,? O UAAdtN 7: 15 All . \ pi - ?Y • !.ort, 19 o is-zscs ? j e - cedonia •?,* J I'; ^?Hancock - '-\ - ?; ti.? r 36 031 .7c, 1, 32 ?`? \? : 3 l) 031 Lott ?.. 7th 3/'l 0` 11 02 1 E'D E N7_0 N" Alp_ j `7 4, 'fro `. !• ''•r>_ ? ': 7 i 1 I .nti)- I •. t Creek i DEN" Ni/x, ? r ,: ??;:+'\:: J:.:•, }?r4? !Y:l.TEP. TO?YtR :• '• 1 10. ?, • . ... _ .. _ _ .- T.:; 1..:!it ?' Y'`. tea:-•-- G?l? 4?'? .,1.? .• •ti t _ )'? . FISH HATCHERY `' Yo: 1?;•zy?- `•qa. )`I` ;?• t o n _~ Y E 0 tccdY t`oint' - - _ `: • ;,' :::..:.:;. Cherry Point. ?? x ?: 'Y. ??.? s* `t'" '`r`. - `. ?. BELL G?? _ •a ?°~? ! I ?. ' U SM AR1NE CORPS q : f •? ?\? I 4 \ _.1. •?`' `A I R t StT A T 10. N f Al L, f3 L ?c 19 i 640 (PLYMOUTH) 645i ?) 1 6f•0 t ?' R° 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 eLp ?}( t4-9 ze;-?o. 1 Gu L-A A ? ? /mod MEMO DATE: TO: SUBJECT: 6211- a= ?a - rvde'4- Flo , 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: LV W124 71 I ??.? . ?? q?C, uq!U (2p - WUb 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 S? V:I S?CKIU?fL fS? fOw a wta ( n bo N.M w;41\.. be NO'S A? I I I z 00 to he V/ v/ t y w W` ry'.1:Y N ?9j L? e ?rtr t IN4 VICINO 4 6;11 ; um, Gcbud F'-P r2ey?a?+ N, W. S r-O'l , Environmental Professionalst Incq 122 Sir Walter Raleigh Dr. Kill Devil Hills, N.G. ;1848_ ?J: 9 Z5 H:,,, 1 ti Q 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