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HomeMy WebLinkAbout19920608 Ver 1_COMPLETE FILE_19920101+,u, SCA7F o 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 December 1, 1992 A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary Acting Director Mr. Winthrop P. White Post Office Box 704 Old Jaybrook, CT 06475 Dear Mr. White: Subject: Proposed Fill in Wetlands or Waters Maintenance dredging and return water from dredge spoil site Pamlico.County DEM Project*# 92608, COE # 199300169 Upon review of your request for Water Quality Certification to maintain dredge a canal and return dredge spoil water located near Mesic, North Carolina in Pamlico County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2668 and 2676 issued January 21, 1992. Copies of the General Certification are attached. This Certification may be used in qualifying for coverage under Corps of Engineers, Nationwide Permit No. 16, Regional Permit # 277. A one foot freeboard must be maintained in the containment area. Applicant must meet the 25_NTU water quality standard from the disposal site. If you have any questions, please contact John Dorney at 919/733-1786. , Sincerely, P eston Howard, P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney REGIONAL OFTICES Asheville Centamtkvild-les 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 4 , a STAZE RECEIVE77 WASHINGTON OFFICE 1319-92 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 October 12, 1992 Roger N. Schecter William W. Cobey, Jr., Secretary 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: Winthrop P. White Project Location: off SR1224, on Gales Creek & Bay River, near Mesic, Pamlico County Proposed Project:' to perform maintenance excavation in a man-made canal & basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 2, 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. T s 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. SIGNED DATE << 1,;'y lia- P.O. Box 769, Morehead City, North Carolina 28557 Telephone 919-726-7021 An Equal Opportunity Affirmative Action Employer TO TO: John Dorney j Planning Branch - SUBJECT: WETLAND STAFF R T AN i ***EACH ITEM MUST RED BANS, AN PE k I _YR: 92 PERM _N APPLICA AME: W P P. WHI T E PROJE TYPE: AINTENA NCE E_ RCD_FR CD : DCM REG 0 I : WARD STREAM CLASS: STR INDEX NO: WL IMPACT?: Y/N WL_REQUESTED: HYDRO_CNECT?: Y/N MITIGATION?. Y/N INITIALS: Reviewer: WQ Supv: Date: NDATIONS IT APPLICABLE)*** 0008 COUNTY: PAMLICO PERMIT-TYPE: CAMA DOT-#: JD T _ RNI CDA: 10/16/92 RIVER _A D B_ SIN #: v TYPE AAGR_EST?: Y/N A-SCORE(#): .. IGATION TYPE: MITIGATION SIZE: IS WETLAND RATING VSHT ATTACHED?: Y/N RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY C cc: Regional Office Central Files I. WASHINGTON OFHCE U L5 U' t5 U 7 1192 DIVISION OF COASTAL MANAGEMENT U FIELD INVESTIGATION REPORT OCT ._1' 6199? IDy ? 6Ad 1% APPL1CANIT'.S• NAMF? Winthrop P. White WETLANDS GROUP - WATER QUALITY SECTION- 11, 1 2. LOCATION OF PROJECT SITE: off SR1224, on Gales Creek/Bay River, near Mesic, Pamlico Co. Photo Index - 1989: 111-5 (K-6) 1984: 59-1299 (L-8) State Plane Coordinates - X: 2720000 Y: 537200 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURES: Dat6s o.ite Visit Was Applicant Present? 3/10/88 NO 10/1/92 YES (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands 18,000 sq.ft. Channel & boat basin (C) Other 26,000 sq.ft. 504 sq. ft. Highground - diked spoil area Dock House (D) Total Area Disturbed: 44,504 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES 5. PROCESSING PROCEDURE: Application Received - October 5, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Conservation I & II (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned -SAME (F) Type of Structures: Existing - 24/ x 32/ storage building Planned - house & 18' x 28' dock house (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: ti [AREA] DREDGED FILLED OTHER 8 PROJECT SUMMARY: The applicant proposes to perform maintenance excavation in a man-made canal and basin. DIVISION OF ENV ON] XTAL 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 err*§= for Stormwater Review Project: Project No.: Date Received: / A 16 1.3 Date Comment: 22///-3 Description of Project: 4 q4 ar'/? Comments: i ?t 41- RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS : 4 m ZY- Gc? kte:,4 3 ,?Ge m- ?? . CL- To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA/COE PERMIT APPLICATION REVIEW GROUP WARO PROJECT # 5oA --Q 7q- (f- WQ SUPERVISOR: fflqRPE REVIEWER: SAWYER DATE: P Zv-v • /G/ WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO, COUNTY: PROJECT NAME: 4J W PROJECT TYPE: - PERMIT TYPE: (C E COE #: #: RCD FROM CDA: DATE FROM CDA: REG OFFICE: WARO RIVER AND SUB BASIN #: fY?:"Lf STREAM OR eAC W TER BODY: CLASS: STREAM INDEX OPEN OR CLOSED: WL IMPACT: *• D --- WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: RATING SHEET ATTACHED? RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD , STORMWATER PLAN REQ'D: ? IF YES, DATE APPROVED: PROJECT DESCRIPTION: P _ -f, ?? WATER UALM CERT. (401) CERT. REQ'D: y , IF YES, TYPE: SEWAGE DISPOSAL ( TYPE OF DISPOS??SED: PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS,(-?g IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATE= WETLAND : p _. IS FILL ELIMINATING A 5iGNI.FICAN'T DREDGING AREA TO BE DREDGED : 113 ?00 1 IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? //v IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY SEWAGE DISPOSAL: OXYGEN IN BASIN: ADDRESS MARINA SERVICES: C S SHELLFISHING WATERS: NOV 1 71992 i CC: WaRO; Central Files; DCM Field Offices; COE Washington office • -** DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT l4 1. APPLICANT'S NAME: Winthrop P. White 2. LOCATION OF PROJECT SITE: off SR1224, on Gales Creek/Bay River, near Mesic, Pamlico Co. Photo Index - 1989: 111-5 (K-6) 1984: 59-1299 (L-8) State Plane Coordinates - X: 2720000 Y: 537200 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURES: Dates of Site Visit Was Anlicant Present? 3/10/88 NO 10/ 1 /92 YES 5. PROCESSING PROCEDURE: Application Received - October 5, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Conservation I & II (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned -SAME (F) Type of Structures: Existing - 24/ x 32/ storage building Planned - house & 18' x 28' dock house (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands 18,000 sq.ft. Channel & boat basin (C) Other 26,000 sq.ft. 504 sq. ft. Highground - diked spoil area Dock House (D) Total Area Disturbed: 44,504 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES 8. PROJECT SUMMARY: The applicant proposes to perform maintenance excavation in a man-made canal and basin. 46 , '6 FIELD INVESTIGATION REPORT - WINTHROP P. WHITE, PAMLICO COUNTY PAGE #2 NOTE: CAMA Major Permit #137-88 was issued on 7/19/88 for a similar project at this same location. Prior to that, CAMA Major Permit #163-75 was issued on 7/24/75 for the initial development on the property. 9. NARRATIVE DESCRIPTION: The applicant's property is an 11.5 acre tract located off SR1224, at the mouth of Gales Creek, on Bay River, near Mesic, in Pamlico County. Approximately one-half of the property is either coastal wetlands or '404' wetlands. The applicant proposes to maintain a 450' x 30' man-made access channel off Gales Creek into an existing 100' x 45' boat basin. Water depths in the proposed area of excavation range from -3' NWL on the western end and drop down to -6.5' NWL on the eastern end. The applicant proposes to maintain the area to -6' NWL. The proposed dredging will be performed by a hydraulic dredge and approximately 1,300 cu. yds. of sand and silt dredge spoil will be pumped to a 100' x 260' dike highground spoil area. The US Army Corps of Enginneers visited the site on October 1, 1992 to review the proposed spoil area. In addition to the dredging, the applicant also proposes to construct an 18' x 28' dock house adjacent to the boat basin. There is an existing holding tank on the property with an off-site nitrification field and the applicant proposes to construct a private residence in the future. 10. ANTICIPATED IMPACTS: The proposed dredging will remove approximately 1,300 cu. yds. of sand and silt spoil material from approximately 18,000 sq. ft. of previously dredged shallow estuarine bottom. The dredge spoil will be pumped to a 26,000 sq. ft. diked highground spoil area. The waters of Gales Creek and Bay River are classified as 'SA' by the Division of Environmental Management and are Qpr:,n to shellfishing by the Division of Environmental Health and Division of Marine Fisheries, and are also designated as a secondary nursery area by the Division of Marine Fisheries. PREPARED BY: W. David Noble DATE: October 9, 1992 ti Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap. plicable). Items 1.4 and 8-9 must be completed for -all projects. 1=APPLICANT :_.V' . .....:;:;::;.?. a. Name Winthrop P. White AddreMPO Box 704 City Old Saybrook State CT Zip 06475 Day phone X Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. 2. LOCATION OF PROPOSED PROJECT a. Street address or secondary road number b. City, town, community, or landmark Near Mesic c. County Pamlico d. Is proposed work within city limits or planning . jurisdiction? No e. Name of body of water nearest project Gales Creek-North Bay River-East and South 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). Future single family home site, dredge canal, canal entrance, boat basin, 18' X 28' dock house If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex. isting project, new work, or both? Maintenance of existing canal and basin c. Will the project be for community, private, or commercial use? Private tl Nl? nf?[. OCT 0 5 1992 d. Describe the planned use of the project. The property will be used for a single family dewlling, private boating 4 LAND :AND WATER A. ERISTICS a. b. C. d. e. f. 9. h. i. j• Size of entire tract 11.5 acres Size of individual lot(s) Elevation of react above mean sea levelgoS .?a+/- tional Geodetic Vertical Datum Soil type(s) and texture(s) of tract t.a f i 112 Hobucken with sand fill over Vegetation on tract live oak, 1211-14" vines red cedar, myrtle, nbitagel?-- _ Man-made features now on tract c anal s , b oat bas i 24X32 stor bldg, bulkhead, dock What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) . . Conservation _ Transitional Developed _ Community Rural Other How is the tract zoned by local government? n/A How are adjacent waters classified? SA NSw_ Has a professional archaeological survey unknown carried. out for the tract? If so, by whom? 5 UPLAND DEVELOPMENTY?w4 Complete this section if the project includes any upland development. a. Type and number of dbuildings, facilities, SD6il dike structures Proposed b. Number of lots or parcels N A c. Density (Give the number of residential units and the units per acre.) N /A d. Size of area to be graded or disturbed .6 ac. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? # ive the percentage of the tract within 75 feet ' mean high water to be covered by im- le surfaces, such as pavement, orrooftops. 1% (boathouse) • g. List the materials, such as mad, paver stone, b. Amount of material to be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards-1-300 nX +! sulfates. none C. Type of material sand, stone, silt_ d. Does the area to be excavated include marsh= h. If applicable, has a stormwater management land, swamps, or other wetlands? no plan been submitted to the Division of En. e. High ground excavation, in cubic yards no vironmental Management? - no f. Dimensions of spoil disposal area i 14'X260'-..+./ - i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area see sketch water treatment facilities. existing offset h. Do you claim title to the disposal areal v=.S j. Have these facilities received state or local If not, attach a letter granting permission from approval? yes the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future There is an existing holding tank and maintenance?/ No pump, nutrification field is offsite If so, where? same tract j. Does the disposal area include any marshland, 1. Describe location and type of discharges to swamplland; or water areas? no waters of the state (for examplersurface runoff, k. Will the fill material be placed below mean sanitary wastewater, industttat/commerlial high water? no There wi 1 be a X00 ry vent or "walh dQwt?'?. 1. Amount of fill in cubic yards 13 aischarge from the spot dike Curing m. Type of fill material sand, some silt the re gang. n. Source of fill material _nr=dge spuza.:.---- m. Water supply source well o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? No. describe the steps that will be taken to main- p. Dimensions of the wetland to be filled none min established public beach accessways or pro. q. How will excavated or fill material be keppt on vide new access. N/A__ site and erosion control led? The spoil will be contained by the dike: All dike slopes will be fert., limed, and seeded with fescue and rye grass. o. If the project is on the oceanfront, what will r. What type of construction equipment will be be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? N/A hydraulic dredge)? Hydraulic dredge 6 EXCAVA'T'ION AND FILL s. Will wetlands be crossed in transporting equip- INFORMATION ment to the project site? no If yes, explain the steps that will be taken to lessen en- a. Describe below the purpose of proposed excava• vironmental impacts. tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) 450 30 21. N/A 7 SHORELINE STABILIZATION.-N/A ' Boat basin 100' 45.' .2% a. Length of bulkhead or riprap Other (break- b. Average distance waterward of mean high water or normal water level water, pier, c. Shoreline erosion during preceding 12 months, boat tamp, in feet rock jetty) d. Type of bulkhead material Fill placed in e. Amount of fill, in cubic yards, to be placed wetland or below 0 0 below mean high water MHW Upland fill 100' 260' JJr0CT 5 1992 ' areas 0 • q V - 4 1.0 DITIONAU 6ORMATION -s In addition to the completed application form, the following items must be submitted: A Copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for. ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V4 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will 'be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard. ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113.229(d). Name Larry L. Adams, Trustee of Trent AddressrV box LV 10 New ern, NG 2856U Name Robert Kowalski Address565 Pine Neck Road Southold. NY 11971 Name Address A list of previous sate or federal permits issued for work on the project tract. Include permit nuft, ftict 1 _M tee,,ar,jss Stud July 27, 1988 to J.G. Poole A check for $100 made payable to the. Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement bn the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND P SION TO ENTER ON LAND'S Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner-:,onsistent with such program. =-_ I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap. plication and follow-up monitoring of project. This is the 28 day of September 1992 _. Radiology X - E Landowner or Au orited agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. OCT 0 5 1992 ?.. f 3 #. 0 0 q %04 ?1R 1 ? Si If FeMC?.° 5?0J I ???` we'loley N -- .EX Gor ?}dq,,?s Eii4y?t/ A-:ye (?,v?.K9) J Are9 ?'0 6c? zhd t O(/S C /O IX _ ' Exis fMVyls?/?Il? 6X?7FiN? 2¢'X 3Z'? " + 6 . \ ? ?" EX/3t•NJ ?/kfwa? d r'" Bay /Pi ve r A(ofe . The dre.IS, v9 ii+dica to d is M41iV1e VONCG O/' aN CX i 5 tl ,r9 C<7NO/ 4Nd 6o.51;V . The ?/?seivf 6e7lfo e/C?4fiGW3 /7/%/Fe t"rra?, -3 SON rJ`ic 7'1'1 e W4=s f e vd of the oreq fo 6e dred fo -6. e Al ea s f cn?d . Prb sed Oirs?;n? ? Lbc?E ?ftause. fTI;3 ' OwNer : l?/iNfh/o Whitc I''= 36 4 P.O, box 70 } , O/d so 4emk C. T. 464 75' ' I r Lea fio Ncor- /'ksi c N. C. I - 1? Oroww d O. ?Mpjow act. / /992 Yuu v' - - .+ uv DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO October 21, 1992 Regulatory Branch SUBJELT: Action ID No. 199300169 Mr. Winthrop P. mite Post Office Baas 704 Old Saybrook, Connecticut 06475 Dear Mr. White: n n ?aa OCT 2 61992 On February 11, 1991, we renewed General Permit No. CESAW-0080-T-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 October 15, 1992, for Department of the Army authorization to maintain a canal and basin off Gales Creek and Bay River, near Mesic, Pamlico 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 accouplished by the North Carolina Division of Coastal Management. Connents frown 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 fraltn us that your application is consistent with the general permit and you may carnnence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199300169 and will be coordinated by Mr. Norm Sanders in our Washington Field Office. He is available at telephone (919) 975-3025. Sincerely, G. Wayne Wright Chief, Regulatory Branch Frclosure -- w -2- Copies Furnished (Without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 tor. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. M=as Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Water.,heds Branch U.S. Environmental Protection Agency 345 dourtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DIVISION OF COASTAL MANAGEMENT D FIELD INVESTIGATION REPORT Off 1. APPLICANT'S NAME: Winthrop P. White WETLANDS GROUP tl..rrn n.....?u w?...'.. 2. LOCATION OF PROJECT SITE: off SR1224, on Gales Creek/Bay River, near Mesic, Pamlico Co. Photo Index - 1989: 111-5 (K-6) 1984: 59-1299 (L-8) State Plane Coordinates - X: 2720000 Y: 537200 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURES: Dates of Site Visit Was Applicant Present? 3/10/88 NO 10/1/92 YES 5. PROCESSING PROCEDURE: Application Received - October 5, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Conservation I & II (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - SAME (F) Type of Structures: Existing - 24/ x 32/ storage building . Planned - house & 18' x 28' dock house (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: . _y [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands 18,000 sq. ft. Channel & boat basin (C) Other 26,000 sq.ft. 504 sq. ft. Highground - diked spoil area Dock House (D) Total Area Disturbed: 44,504 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES i 8. PROJECT SUMMARY: The applicant proposes to perform maintenance excavation in a man-made canal and basin. • 16 .. FIELD INVESTIGATION REPORT - WINTHROP P. WHITE, PAMLICO COUNTY PAGE #2 NOTE: CAMA Major Permit #137-88 was issued on 7/19/88 for a similar project at this same location. Prior to that, CAMA Major Permit #163-75 was issued on 7/24/75 for the initial development on the property. 9. NARRATIVE DESCRIPTION: The applicant's property is an 11.5 acre tract located off SR1224, at the mouth of Gales Creek, on Bay River, near Mesic, in Pamlico County. Approximately one-half of the property is either coastal wetlands or '404' wetlands. The applicant proposes to maintain a 450' x 30' man-made access channel off Gales Creek into an existing 100' x 45' boat basin. Water depths in the proposed area of excavation range from -3' NWL on the western end and drop down to -6.5' NWL on the eastern end. The applicant proposes to maintain the area to -6' NWL. The proposed dredging will be performed by a hydraulic dredge and approximately 1,300 cu. yds. of sand and silt dredge spoil will be pumped to a 100' x 260' dike highground spoil area. The US Army C6rps of Enginneers visited the site on October 1, 1992 to review the proposed spoil area. In addition to the dredging, the applicant also proposes to construct an 18' x 28' dock house adjacent to the boat basin. There is an existing holding tank on the property with an off-site nitrification field and the applicant proposes to construct a private residence "in the future. 10. ANTICIPATED IMPACTS: The proposed dredging will remove approximately 1,300 cu. yds. of sand and silt spoil material from approximately 18,000 sq. ft. of previously dredged shallow estuarine bottom. The dredge spoil will be pumped to a 26,000 sq. ft. diked highground spoil area. The waters of Gales Creek and Bay River are classified as 'SA' by the Division of Environmental Management and are open to shellfishing by the Division of Environmental Health and Division of Marine Fisheries, and are also designated as a secondary nursery area by the Division of Marine Fisheries. PREPARED BY: W. David Noble DATE: October 9, 1992 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 14 and 8-9 must be completed for all projects. 1.=APPLICANT a. Name Winthrop P. White Address PO Box 704 City Old Saybrook State CT Zip 06475 -1 Day phone X Landowner or Authorized agent b. Project name (if any) c. 'If the applicant is not the landowner, also give the owner's name and address. 2. LOCATION OF PROPOSED PROJECT a. Street address or secondary road number b. City, town, community, or landmark Near Mesic c. County Pamlico d. Is proposed work within city limits or planning . jurisdiction? No e. Name of body of water nearest project Gales Creek-North Bay River-East and South- 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).. Future single family home site, dredge canal, canal entrance, boat basin, 18' X 28' dock house If you plan to build a marina, also complete and attach Form DCM-MP-l. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? Maintenance of existing canal and basin c. Will the project be for community, private, or commercial use? Private 1 ?f? nr?fT OCT 0 5 1992 d. Describe the planned use of the project. The property will be used for a_ single --family dewlling, private boating .4-LAND-AND WATER.-.-:-.... •??= ,«. .. a: 'brL iL?l?aVZ LiL?iS iaCV -c..gFyv.'''4' ar.. 11.5 acres a. Size of. entire tract b. Size of individual lot(s) c. Elevation of tract above mean sea leXe g oS Na i / - tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract Lafi tt - Hobucken with sand fill over e. Vegetation on tract live oak, 12"-14" pines red cedar, myrtle, pfltinites , . f. Man-made features now on tract c anal s ,boat bas i 24X32 stor bldg, bulkhead, dock g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) . . Conservation Transitional Developed Community Rural Other h. How A the tract zoned by local government? i. How are adjacent waters classified? SA NSW j. Has a professional archaeological survey been carried. out for the tract? unknown If so, by whom? 5 UPLAND DEVELOPMEN'Lw~W ;- - Y. Complete 'this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed dredge spoil 'dike b. Number of lots or parcels N/A C. Density (Give the number of residential units and the units per acre.) N/ A d. Size of area to be graded or disturbed .6 ac. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? # ive die percentage of the tract within 75 feet f mean high water to be covered by im- ermeable surfaces, such as pavement, ,.. uildings, or rooftops. 1% (boathouse) ---------------------------- List the materials, such as marl, paver stone, b. asphalt, or concrete, to be used for paved surfaces. none c. d. g• h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? " no . i. Describe proposed sewage disposal and/or waste water treatment facilities. existing offset Amount of material to be excavated from below water level in cubic yards 1300 sv- -LL- Type of material sand, stone, silt_ Does the area to be excavated include marsh- land, land, swamps, or other wetlands? no High ground excavation, in cubic yards none -_ Dimensions of spoil disposal area i 101x 60 +/- Loeation of spoil disposal area. see sketch f. g• h. Do you claim title to the disposal area? yes If not, attach a letter granting permission from the owner. Will a disposal area be available for future j. Have these facilities received state or local approval! yes k. Describe existing treatment facilities. i There is an existing holding tank and pump, nutrification field is offsite j. 1. Describe location and type of discharges to waters of the state (for examplersurface runoff, k. sanitary wastewater, industrial/commercial There will be a " 1 ). effluent, or "wash down discharge from the spot i e wring m -the dredging. n. M. Water supply source well o. n. If the project is oceanfront development, describe the steps that will be taken to main- P. tain established public beach accessways or pro- q• vide new access. N/A o. If the project is on the oceanfront, what will f the l l r eve o be the elevation above mean sea first habitable floor? N/A 6 EXCAVATION AND FILL S . INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) . r410 30 21 Boat basin 100' 4.S.` 2, l ' Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below 0 0 MHW Upland fill areas 100' 260' maintenance? t, No - If so, where? same tract Does the disposal area include any marshland, swampland; or water areas? no Will the fill material be placed below mean high water? no Amount of fill in cubic yards 1300 cy Type of fill material sadd, some silt_ Source of fill material r i g PP cpiai Will fill material be placed on marsh or other wetlands? No Dimensions of the wetland to be filled none How will excavated or fill material be kept on site and erosion controlled? The spoil will be contained by the dike: All dike slopes will be fert., limed, and seeded with fescue and rye grass. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge s Will wetlands be crossed in transporting equip- ment to the project site? no If yes, explain the steps that will be taken to lessen en- . vironmental impacts. N / 7 SHORELINE STABILIZATION-N/A a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level 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 0 C T 0 5 1992 2 ADDITIONAINFORMATION - In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 ?i x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will 'be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location reap is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to `submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered 'or certified mail. This notification is re- quired by G.S. 113-229(d). Name Larry L. Adams, Trustee of Trent Address P Box 2038 New Bern, NC 28560 A list of previous state or federal permits issued for work on the project tract. Include permit n bets, ?ermittee, ?ss?t?n dates. tate 'Permit ?? /-?8 ? ued July 27, 1988 to J.G. Poole A check for $100 made payable to the. Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act, (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMS SION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner','0juistent with such program. 3 I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the 28 day of September 1992 RadiologyX - - 1-94,5AIT Landowner or Au orized agent Name Robert Kowalski Addresa565 Pine Neck Road Southold.-NY 11971 Name Address Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. I !' F.r?I11 OCT o 5 1992 ICS ?R 6?+/_ S*/+ r/VGe S?POi i V/c/.N_/;OLY N -- Ex;sue: 4?a Ns / L?Yi ye (??v?[9) f Rr?a 7'`o .6c le- ?S -,x J fix, fi/Vj 24'X 3Z' , } d r?? ,Boy /Pi Ve r NO/ (f The drec?9iiv9 /i?d cQ'tod /s MaA1l`eNnNCC Of a1V <fX i5fl/Yy CQNO/ aNd basiN . The ?r?se of bol`fOM %V4J'Lic+N? rr7iV9? { , -3 'ow MC WC- -,-S -74 c°nNc? 07C the c7rkzq fo b e dry t?i fo - 6, S' QiV 7?6 C `°c7s? eNd. fro sed Or?c?in? i Lk?c?t /S?sG ?r'1 OwNer : W%Nf'hro L?hit? '`'= 3t1? R4, box 70 4 oid s4 6?oo,E c. r. oc4 ?s L4ca fii91/ NC'O/- N. C, or4WN b CL i /992 ...? ?ww«.. ?. .... ------ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS RO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 16, 1992 Regulatory Branch Action ID. 199300169 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: 21992 N. Reference the application of Mr. Winthrop P. White for a Department of the Army permit to maintain a canal and basin off Gales Creek and Bay River, near Mesic, Pamlico 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. In order to protect juvenile fisheries, no excavation will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management. c. All excavated materials will be confined landward of the mean high water (MHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. d. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. e. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. l -2- f. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. g. No vegetated wetlands will be excavated or filled. h. Excavation will not exceed six feet below the elevation of mean low water (MLW). i. The authorized structure and associated activity will not cause an unacceptable interference with navigation. j. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. Sincerely, Copies Furnished: Mr. John Dorney -\/North Carolina Department of Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Wa r Quality Section vision of Environmental Management Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 G. Wayne Wright Chief, Regulatory Branch Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 ,.1r lr 4- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEER ?P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 31, 1992 S U01 Branch Action ID. 199300169 and State Permit No. 139-92 y Mr. Winthrop P. White Post Office Box 704 Old Saybrook, Connecticut 06475 Dear Mr. White: Reference your application for a Department of the Army permit to maintain a canal and basin off Gales Creek and Bay River, near Mesic, Pamlico County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-0080-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 Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure 4+ -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 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 VY ?tR Z +rC I Yici•vi fY N XcyvO/S? i Ex;5t;Ny c4•v?/ . .? c??r E7(iS7?'iN' ?7NAI J Areq lip Lorry /4a/gr?s jo=o?Cd.7b -ild*% ? Trvs?cc ` ? Exaf" ,Q=-k f EX.?tw? 2¢'xsz'? , ? ?e S No ./ar,kct ac / Nofe . T 471V Gx J 'Z tlNy C oN0/ The dreo'9 ?V indiGo to d /:s MO%A/fcNON.CC o?+ aNd bOS%/V . The fit- sc ov l- 6z,11om e/G?01?iGW3 /' l%o95P 7`fie vo=z f tea` of the orCq fo be dred fo -6. S'o?vfhe ea s f cn?d . Prn sed ?rrc?;N ?' Q?c?t fibr.L?e. OwNer : Winrfhro 1?hi to !' = 3O' III tj AO. box 70 4 041 so bruo,E C. "r. 0610 76" Lacafio New- /*S;c N C. , 0. Sr N 04 t /9I2 01-4WN 6 :