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HomeMy WebLinkAbout19920226 Ver 1_COMPLETE FILE_19920101DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 23, 1992 Regulatory Branch Action ID. 199201741 and Nationwide New Bern, North Carolina 28560 Weyerhaeuser Real Estate Company 101 Middle Street Permit N c? Cjosoing) "??uAPR ? 919?L ? Gentlemen: uw??4?'' ,laTFh Through coordination with the North Carolina Division of Coastal Mangement, we have learned of your plans to place fill material in 0.02 acre of wetlands off Ball Creek and Bay River, Ball Creek Subdivision, Pamlico County, North Carolina. For the purposes of the 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 1/3 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. 0- 41-* -2- Your work 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 NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP 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 NWP authorization, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Gary Mitchell, Washington Field Office, Regulatory Branch, telephone (919) 975-5811. Sincerely, Enclosure Copies Furnished (without enclosure): Mr. John.Dorney Water quality Section Div",sion of Environmental Management N `th Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 G. Wayne Wright Chief, Regulatory Branch Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 do? 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 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director we??vlnaewse? /???1 ?f??e Cam. to l rif rddle 5- 1U(et,J Rex n , Ak 7_96?6,19 Dear Sir or Madam: SUBJECT; 40? WATER QUALITY CERTIFICATION ?G(tJi ?^ U County, COE Project # ??`?Z©! 7T? The Division of Environmental Management (DEM) received a letter from the Corps of Engineers (COE) stating that your project qualified for a Nationwide Permit. Please be advised that the Nationwide Permit is not valid until a 401 Water Quality Certification has been issued by the Division. General Certifications have been issue by the Division for most of the Nationwide Permits, however, several of the General Certifications require written concurrence from the Division before the Nationwide Permit is valid. If you are utilizing Nationwide Permit # 26 and your fill activity is equal to or less than one-third (1/3) of an acre you are not required to obtain written concurrence. Otherwise please complete the attached form (except for conditions 15 and 16) and send six additional copies (a total of seven copies) so that the review of your request can be initiated. If you have any questions, please call me or Mr. John Dorney at 919-733-1786. Sincerely, Eric Galamb Applic.1 r // cc: eS441 DEM Regional Office _1 Mr. John/ R. Dorney REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704251-6208 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, Poleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer d ??o °? (V,,. . 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 George T. Everett, Ph.D. William W. CobeY, Jr., Secretary Director Mr. John Wehrenberg Weyerhauser Corporation 101 Middle Street New Bern, N.C. 28560 Dear Mr. Wehrenberg: Subject: Proposed Fill in Wetlands Road crossing Pamlico County DEM Project #92226 Upon review of your request for Water Quality Certification to place fill material in 0.02 acres of wetlands for a road crossing for Ball Creek subdivision located at SR 1324 in Pamlico County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2666 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 14. If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, o ge T. Everett GTE:JD/Weyer.ltr/jrd-gc Attachment cc: Wilmington District C ps of Engineers Corps of Engineers Washington Regional Office Washington DEM Regional Office Mr. John Dorney Central Files Division of Coastal Management, Raleigh REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3(XX) 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 276264)535 Telephone 919-733-7015 An Equal OpT--unity Affirmative Action Employer . SfAT^ ate. RECEIVED V.'ASHINGTON OFFICE ,r. 2G 1992 D. E M. State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary April 15, 1992 Director MEMORANDUM: TO: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Weyerhaeuser Real Estate Company Project Location: Ball Creek S/D, off SR1324, Ball Creek, Pamlico County Proposed Project: to construct a driveway into Lot #15 Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 6, 1992. If you have any questions regarding the proposed project, please contact David Noble at 919/726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 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. Signed Date ? ^--- P.O. Box 769, Morehead City, North Carolina 28557 Telephone 919-726-7021 An Equal Opportunity Affirmative Action Emolover , W-44 DIVISION OF ENVIRONMENTAL MANAGEMENT 7- r7-T? MEMORANDUM TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews on Hold for Stormwater JUN - 5 199e Project: r_C_9 / 1 eoA C'? Project No.:? 3 3 •- ?? Date Rece/i?ved: Enifta<l Date Comment: Y-2-6664 Description of Project: &V) Comments: DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW r PROJECT MME: 7?'eszp.* COUNTY. \ , PROJECT #: *3-? OR ADJACENT WATER BODY: CLASS• BASIN: 4w OPEN OR CLOSED: (FOR SHELLFISHING) STORMWATER PLAN REQ'D: ? (Y 0 N) IF YES, DATE APPROVED: PR JECT DESCRIPTION: J?ju 06-1A n ASSIGNED TO: DATE APP. REC'D.: (YY/MM/DD) INITIAL REPORT: (YY/MM/DD) FINAL REPORT: O (YY/MM/DD) WATER QUALITY CERT. (401) CERT. REQ'D: (Y OR N) JOINT NOTICE (Y/N) RECOMMENDATION: (ISSUE/DENY/OTHER) ,l?g•? ?.?...«u?aj,? CERT : -Z% IF YES: ENERAL CERT: /X (Y OR N) TYPE GEN: (INDIVIDUAL (BULKHEAD, BOAT RAMP, ETC.) SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: (EXISTING, PROPOSED SEPTIC TO BE PERMITTED BY: (DEM, DHS, IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBAB WATER/WETLAND FILL AREA OF FILL: WATER: WETLAND: -4- IS FILL ELIMINATING A SIGNIFICANT ? (Y OR N) DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS RESOURCE? (Y OR N) AREA TO BE DREDGED IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N) MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATER: (ATTACH A MARINA USE ATTAINABILITY EVAL.) 0d , ETC.) TY?UN - 5 1992 (Y OR N) WETLANDS Gt;:.!' OF cc: WaRO - Dorney - Central Files - DCM: J. Parker, Morehead City, Washington, Elizabeth City dj* DIVISION OF COASTAL MANAGEMENT , 01 FIELD INVESTIGATION REPORT V,'ASHR EIVEOFFICE 1. APPLICANT'S NAME Weyerhaeuser Real Estate Company 4TR 2 01992 2. LOCATION OF PROJECT SITE Ball Creek Subdivision, off SR1324, 4a41A. Creek, Pamlico County PHOTO INDX: 1989: 116-11 (B-18) 1984: 56-1270 (D-23')i` STATE PLANE COORDINATES: X: 2701300 Y: 519600 3. INVESTIGATION TYPE: DREDGE & FILL X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 3/92 (B) WAS APPLICANT PRESENT YES 5. PROCESSING PROCEDURE: APPLICATION RECEIVED April 7, 1992 OFFICE Morehead City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Pamlico County LAND CLASSIFICATION FROM LUP Rural with Services DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP LUP review will be submitted at a later date. (B) AEC(S) INVOLVED: OCEAN HAZARD COASTAL WETLANDS ESTUARINE WATERS (C) WATER DEPENDENT: YES NO X CAMA X (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING NONE PLANNED individual septic systems (F) TYPE OF STRUCTURES: EXISTING road PLANNED 15 lot subdivision (G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS 1404 wetlands (B) NON-VEGETATED WETLANDS: NONE (C) OTHER: highground DREDGED FILLED OTHER 760 sq.ft. ESTUARINE SHORELINE X PUBLIC TRUST WATERS OTHER sq. 14,000 ft. (D) TOTAL AREA DISTURBED: Approximately 15,000 sq. ft. 8. PROJECT SUMMARY: The applicant proposes to construct a 700' long driveway into Lot #15, at Ball Creek Subdivision, Pamlico County. FIELD INVESTIGATION REPORT - WEYERHAEUSER REAL ESTATE COMPANY, PAMLICO COUNTY PAGE #2 NOTE: The road crossing entering the subdivision was constructed without a CAMA permit and the developer was cited with a violation in October, 1990. No restoration was required. 9. NARRATIVE DESCRIPTION: The applicant's property, known as Ball Creek Subdivision, is a 58 acre, 15 lot subdivision located on a peninsula between Ball Creek and Pasture Creek, off SR1324, near Florence, in Pamlico County. The subdivision has an existing paved road, but at this time, there has been no other development. The applicant's proposed project is a 700' long x 20' wide marl and gravel driveway with a 38' x 20' '404' wetland crossing which will provide access to. Lot #15. The U.S. Army Corps of Engineers has authorized the project under Nationwide Permit #14 (see attached] for a minor road crossing and has flagged the 1404' wetlands on the site. A CAMA Major Permit is required for this project.since it is located within the Estuarine Shoreline AEC. No Coastal Wetlands, Estuarine Waters or Public Trust Waters are proposed for filling or excavation. The road crossing is approximately 50' above the NWL. Approximately 760 sq. ft. of 1404' wetlands will be filled with approximately 150 cu. yds. of sand fill material. The applicant also proposes to place two (2) 30' long 30" culverts in the wetland crossing. 10. ANTICIPATED IMPACTS: The waters of Pasture Creek are classified as 'SA' by the Division of Environmental Management (DEM), designated as a Primary Nursery Area by the Division of Marine Fisheries, and are open to shellfishing by the Division of Environmental Health and Division of Marine Fisheries. The proposed 20' x 38' wetland crossing will require the filling of approximately 760 sq. ft. of 1404' wetlands and the proposed driveway will disturb approximately 14,000 sq. ft. of highground. Individual lots in the subdivision will be serviced by individual septic tanks. According to the applicant, a Sedimentation and Erosion Control Plan has been filed with the Division of Land Resources and a Stormwater Management Plan has been submitted to DEM. The County water system will provide water to the project. PREPARED BY: W. DAVID NOBLE DATE: APRIL 15, 1992 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items, 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Weyerhaeuser Real Estate Co. Address 101 Middle Street City New Bern State NC Zip 28560 Dayphone 800 622-6297 X Landowner or Authorized agent b. Project name (if any) Ball Creek c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing protect, new work, or both? new work c. Will the project be for community, private, or commercial use? private d. Describe the planned use of the project. see attached drawings 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 58 acres b. Size of individual lot(s) 3 - 4 acres c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 3 - 5 feet d. Soil type(s) and texture(s) of tract sandy clay loom a. Street address or secondary road number Off State Road-1324 Pam1;r-n r., e- Vegetation on tract pine hardwood forest b. City, town, community, or landmark Near Florence f. Man-made features now on tract road & water lines c. County Pamlico d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Ball Creek 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). Wetland Crossing Nationwide 14 permit 3/91 g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural w;+k S,-svAcs Other h. How is the tract zoned by local government? none i. How are adjacent waters classified? A j. Has a professional archaeological survey been carried out for the tract? no If so, by whom? E APR 0 71992 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed none b. Number of lots or parcels 15 c. Density (Give the number of residential units and the units per acre.) one per 3 - 4 acres d. Size of area to be raded or disturbed 0.-017 acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? plan has been filed for Ball Creek Subdivision f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. less than 1% g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. dirt and stone h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? yes, already submitted i. Describe proposed sewage disposal and/or waste water treatment facilities. lots have individual systems j. Have these facilities received state or local approval? yes k. Describe existing treatment facilities. none 1. Describe location and type of discharges to waters of the state (for example, surface runo sanitary wastewater, industrial/commercial p down"). none m. Water supply source county water system n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Length Width Depth Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 38 ft l 20 ft b. Amount of material to be excavated from below water level in cubic yards none c. Type of material n / a d. Does the area to be excavated include marshland, swamps, or other wetlands? n/a r_." e. Hi h ground excavation, in cubic yards n/a APR 0 7 1992 5C5L?u cfL 3/91 f. Dimle?Aons of spoil disposal area c. Shoreline erosion during preceding 12 months, in feet 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. i. Will a disposal area be available for future maintenance? N/A If so, where? d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or watN?rAeas I ing items must be submitted: k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards 2 5 0 m. Type of fill material sand and gravel n. Source of fill material from driveway = 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. o. Will fill material be placed on march or other wetlands? A-9- tiP s v I pi OT An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources 20' x 181 Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Please note that original drawings are preferred and silt fences only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part dredge(for)? example, dozier r and bbackhoe,aorckhoe hydraulic 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 s. Will wetlands be crossed in transporting equipment the like. to project site? no If yes, explain steps that will be taken to lessen environmental impacts. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Management and should be advised by the applicant of a. Length of bulkhead or riprap N/A that opportunity. b. Average distance waterward of mean high water or } normal water level APR 0 7 92 -? r r , 3/'91 ? 3 Name Kathleen G. Broome Address Weyerhaeuser Company P. O. Box 1391 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND New Bern, NC 28560 Name Frank L. Voorhe i s Any permit issued in response to this application will Address 358 Belanger allow only the development described in the application. Grosse Pointe Farms, MI 4823 6lhe project will be subject to conditions and restrictions 'contained in the permit. Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the day of A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 4 or Authorized agent 19_2_z-- P i . AR 0 7 1992 3/91 LJJ ')D.; 7d aJ n ?y• ?? 34 N55' 10 48 E 61.26' APR 0 7 1992 fs 59 ?l 4' E S0I° 33' 34" E ?L UZSLT t A6 561 26 49.26' !-----»---------•-------- 5 ... ?2 ?0 2Q F 1 14.98' S30° 04'07'E 51' .52 Q -? 89.51' .1) S54' 1 8' 35" E W % 103.45' .4' 17.95'- co \ ti ? N / 404 WETLANDS LINE / N . / tiry / ?- ? z I 3 ?. V,. ' Q Cu •? - / 5.051 AC. N Q / to S a? v rn / v 2 ° of / 6•?• I 14 S38 .361 9T, 1.346 AC • p1. ? 1 3 CAI 33;, w4f :y's L 254 I,. ., 0??. M ARC, ,,: s ' 49•S'4t,CFs ap`w 1V34.49 3_22 O. 4S "E$ FAR / 2-w to; o• 2 nJiF X26. 98. 303• e 8• E yFRy AF?S?R DE ED REFERENCE BOOK 257, PG. ei MAP REFERENCE pENSE¢`AqT SURVEY FOR- WEYERHAEUSER WEYERHAEUSER RE R•215.00 ESTATE CO.., E • .1.41 PAMI I C0- COUNTY C.A. •00°22' 37 RECORDED IN PLA' RCABINET. A, SL IDI CN69',02 06• W 36.340SEE SHEET 2 OF 32. FOR ,'GENERAL, NO Bo.. ?qn n.t. S . ,r >,eL, r-e j, `7 i ?o ? /.s ??a ?j C? ? ? d l Gti! 7? !? ??? Cyr ;. •,. S1,0,5 U ""F Lz' Q'D /I ?el v i Ila& A.-PR 0 7 q • y 1 • u Z/ / l7 L V Y ?il•??y r a t? SI, r s1 ( rS 4" !fit C. Ay.%47 r c 1 pi ,,V G ?;ol? S?i9 e S ?? I R16P ,v ?, y ;?cz c P oZ ,7a w, q/e 3?? f ???rG cu?U?zJ? /V 4,e Gc 7- eAl " I 2J /?- v Z- l *Ap ? 35 20 `. . . i ? I•o ` ?: ?/?/ fad ? o i `i r' ?' C •Iff? n. .1 ?? •'' ?8P ?? . tea ORIENTAL I"o Pop. "5 TO AUfoltA, 77 oCa005E 1 CREEK tJ O 'o / GAME LAND O R T 3593 1 I Ik t r •? s ,oo) O ?J c ?f He Y •P (CAE I Y C 1 T 0 ,of ,3, soy / 1213 ti• ? Ilil 3.. 5? co~ .?.. :700 I09? ' 1?" 1no ? FMS ,211 ti. A 3.1 A'orM .3 u„ 'i: 1203 ?N,700 .1303 30. 1209 H7 0,/,. 99 ,2,2 ?g 90R0 1) pop. ?. - `• ... §TONE 1.. `t..:. :I .. ' -0 POP 33 It, 13.2 S - •.1 ALLI ss ?-- 3) uv r n ;J 4 133. - ., %?' 3,1 '?'11## 7?3 G;b L / G )1. FlV T ?? ,77s G R O U N= / 313 Co. O c O S 13 \ ' 3 10 ` b K0?10. s 7 SE CREE GOO K 5• +7)0 ? M112Y 1.1 U o' Nobucken / . 304 •? ?`,2N 717 ?R ?' :I C? ?,? 'sTY J f.' /? 1wt h. ?1WLa,•dd e. y. y t ad 3s 05 l x? APR 0 1952 --------- ---------mow DEPARTMENT OF THE ARMY n WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 27, 1992 Regulatory Branch _• Action ID.199201290 and Nationwide Permit No. 14 (Road Crossing) Mr. John Wehrenberg Weyerhaeuser Real Estate Company 101 Middle Street New Bern, North Carolina 28560 Dear Mr. Wehrenberg: pff'r r- r'"- - . - -1, APR Q 2 1992 a Reference your application of March 5, 1992, for Department of the Army authorization to discharge fill material within 0.18 acres of wetlands to construct a private driveway to access to a proposed home site on high ground. The project is adjacent to Mason Bay off, S.R. 1324, in No. 2 Township, near Merritt, Pamlico County, North Carolina. For the purposes of the 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. -2- Your work 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. Thank you for time and cooperation. Questions or comments may be addressed to Mr. Gary Mitchell, Washington Regulatory Field Office, telephone (919) 975-5811. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr Charles Jones Korth Carolina Department of Environment, Health and Natural Resources Post Office Box 769 Morehead City, North Carolina 28557 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 w0 e r DIVISION OF COASTAL MANAGEMENT j FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME Weyerhaeuser Real Estate Company 2. LOCATION OF PROJECT SITE Ball Creek Subdivision, off SR1324, Ball Creek Pamlico Count PHOTO INDX: 1989: 116-11 ( B ) pa-0-8, c`"°'v5 6;-1270 (D-23) STATE PLANE COORDINATES: X: 14-1-L1 a Y` 519600 3. INVESTIGATION TYPE: DREDGE CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT_ (B) WAS APPLICANT PRESENT 92 5. PROCESSING PROCEDURE: APPLICATION RECEIVED April 7, 1992 OFFICE Morehead City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Pamlico County LAND CLASSIFICATION FROM LUP Rural with Services DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP LUP review will be submitted at a later date. (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS ESTUARINE WATERS OTHER (C) WATER DEPENDENT: YES NO X (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING NONE PLANNED individual septic systems (F) TYPE OF STRUCTURES: EXISTING road PLANNED 15 lot subdivision (G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER 1404 wetlands 760 sq.ft. (B) NON-VEGETATED WETLANDS: NONE (C) OTHER : highground sq. 14,000 ft. (D) TOTAL AREA DISTURBED: Approximately 15,000 sq. ft. 8. PROJECT SUMMARY: The applicant proposes to construct a 700' long driveway into Lot 415, at Ball Creek Subdivision, Pamlico Countv. AWN." # FIELD INVESTIGATION REPORT - WEYERHAEUSER REAL ESTATE COMPANY, PAMLICO COUNTY PAGE #2 NOTE: The road crossing entering the subdivision was constructed without a CAMA permit and the developer was cited with a violation in October, 1990. No restoration was required. 9. NARRATIVE DESCRIPTION: The applicant's property, known as Ball Creek Subdivision, is a 58 acre, 15 lot subdivision located on a peninsula between Ball Creek and Pasture Creek, off SR1324, near Florence, in Pamlico County. The subdivision has an existing paved road, but at this time, there has been no other development. The applicant's proposed project is a 700' long x 20' wide marl and gravel driveway with a 38' x 20' 1404' wetland crossing which will provide access to Lot #15. The U.S. Army Corps of Engineers has authorized the project under Nationwide Permit #14 [see attached] for a minor road crossing and has flagged the 1404' wetlands on the site. A CAMA Major Permit is required for this project since located within the Estuarine Shoreline AEC. No Coastal Wetlands, Estuarine Waters or Public Trust Waters are proposed for filling or excavation. The road crossing approximately 50' above the NWL. Approximately 760 sq. of 1404' wetlands will be filled with approximately 150 yds. of sand fill material. it is is f),0` ft. CU. The applicant also proposes to place two (2) 30' long 30" culverts in the wetland crossing. 10. ANTICIPATED IMPACTS: The waters of Pasture Creek are classified as 'SA' by the Division of Environmental Management (DEM), designated as a Primary Nursery Area by the Division of Marine Fisheries, and are open to shellfishing by the Division of Environmental Health and Division of Marine Fisheries. The proposed 20' x 38' wetland crossing will require the filling of approximately 760 sq. ft. of 1404' wetlands and the proposed driveway will disturb approximately 14,000 sq. ft. of highground. Individual lots in the subdivision will be serviced by individual septic tanks. According to the applicant, a Sedimentation and Erosion Control Plan has been filed with the Division of Land Resources and a Stormwater Management Plan has been submitted to DEM. The County water system will provide water to the project. --------------- - PREPARED BY: W. DAVID NOBLE DATE: APRIL 15, 1992 ,11* ,. ?. 5; 4 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Weyerhaeuser Real.Estate Co. Address 101 Middle Street City New Bern State NC Zip 28560 Dayphone 800 622-6297 X Landowner or Authorized agent b. Project name (if any) Ball Creek c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT 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 work c. Will the project be for community, private, or commercial use? private d. Describe the planned use of the project. see attached drawings 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 58 acres b. Size of individual lot(s) 3 - 4 acres c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 3 - 5 feet d. Soil type(s) and texture(s) of tract sandy clay loom a. Street address or secondary road number Off State Road 1324 Pam 1 ; C„ ro , e. Vegetation on tract pine hardwood forest b. City, town, community, or landmark Near Florence C. County Pamlico d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Ball Creek 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). Wetland Crossing Nationwide 14 permit 3/91 f. Man-made features now on tract road & water lines g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community f/Rural wi4-k .S4w.c-o.s Other h. How is the tract zoned by local government? none i. How are adjacent waters classified? A j. Has a professional archaeological survey been carried out for the tract? no If so, by whom? f APR 0 7 1992 1 A A 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed none b. Number of lots or parcels 15 c. Density (Give the number of residential units and the units per acre.) one per 3 - 4 acres d. Size of area to be graded or disturbed 0.017 acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? plan has been filed for Ball Creek Subdivision f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. less than 1% g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. dirt and stone h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? yes, already submitted i. Describe proposed sewage disposal and/or waste water treatment facilities. lots have individual systems j. Have these facilities received state or local approval? yes k_ Describe existing treatment facilities. none 1. Describe location and type of discharges to waters of the state (for example, surface rune sanitary m. Water supply source county water system n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (N-WL) Boat basin Other(break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth 38 ft l 20 ft b. Amount of material to be excavated from below water level in cubic yards none c. Type of material n/a d. Does the area to be excavated include marshland, swamps, or other wetlands? n/a wastewater, industrial/commercial r7l r,- down"), none e. Hi h ground excavation, in cubic yards I n/a APR 0 71992 2 3/91 0 , f. Dimepssions of spoil disposal 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. i. Will a disposal area be available for future maintenance? N/A If so, where? j. Does the disposal area include any marshland, as . swamps, or water NN k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards 2 5 0 m. Type of fill material sand and gravel_ n. Source of fill material from driveway o. Will fill material be placed on marsh or other, wetlands? A.e- ? - t' 1 d'J p. Dimensions of the wetland to be filled 20' x 381 q. How will excavated or fill material be kept on site and erosion controlled? silt fences r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dozier and backhoe 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 N/A b. Average distance waterward of mean high water or normal water level 3/91 c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: . A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. f7*1 7 APR 0 7 1892 3 • +. ' Name Kathleen G. Broome Address Weyerhaeuser Company P. O. Box 1391 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND New Bern, NC 28560 Name Frank L. Voorhe i G Any permit issued in response to this application will Address 358 Belanger allow only the development described in the application. Grosse Pointe Farms, MI 4 82 3 The project will be subject to conditions and restrictions contained in the permit. Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment , Health, and Natural Resources to cover the costs of processing the application. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the _.,2_ day of 19 9 ?-- A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). X or Authorized agent AP R0 7 ;992 '' 4 3/91 L34 N55' 10' 4B' E 61.26' \ r • ? APR 0 7 1992 t; qb0 F' 1 ° 26' 24" E SO 1 ° 33' 34" E L=V??]LT h 56 49.26' !"'°--------?---=---?------w- `? ? X12 'I 2A S30 04' 07" E b1 e 52 aQ i 1 89.51' CD 0 / \ \ S54° 18' 35' E 103. 45' f 17.95 to) ;D 404 WETLANDS LINE , ° ti c%j o - _'7 `" f rn z _ W l 15 . o 5.051 AC. v? _ Q / cn - FS CD 01Z) z? W N . fff O? \ FT S38 ?` j 36{ 9?. 1 . 346 36 g33, . ?QQ• \ L I / 3,3,5 • 24 f??,,?'.!`? ?'A?_' _ / ? - N3q • 4 X3_22 0, 5 s 4s F pR E . 54Ej 1 9' E. Z 03 4r l l26 98, p,J g8. . o' t tyF YR_ R DEED REFERENCE BOOK 257, PPG. MAP REFERENCE \ It SURVEY FOR,.. ` WEYERHAEUSER`F R-215.00' ESTATE CO.: ?• L! 1. 41' - PAW ICO_ COUNT' C. A. -00 22' 37' - RECORDED IN Pt R-240,00' . CAB INET A, SL L-6.68_' 1g 3 C. A. •01'35' 43' 1. ` -Yi 36.4. •C??G"?` a 3 2 N69.02' 06 N34.3 4 t O Z2: ZA g2 p9. SEE SHEET 2 OF 9' .36 FOR 'GENERAL 4AUa S-,, k- /tnap Bo„ Mn zy 9 7LAPR 0 7 1992, ;. ------ ----------- . ?.* Grey ve?s? ?- /o Cy e e S% 10 L f U" ( Do eel J?a -E JCS ??U ?.e ?' i2.<!(/f.7C . I *` Y Vl s 2. r C, xy/ 67 C :? C n 11 ??Ioill U L--ag ----------- -..WWWNNMO r ^J??jC?Lf? wJr j /? 703