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HomeMy WebLinkAbout19920702 Ver 1_COMPLETE FILE_19920101.40 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. 199300596 and State Permit No. 9-93 FEB Mr. William E. Price B 910 Town of Swansboro Post Office Box 368 wCTI.ANDS GROUP Swansboro, North Carolina 28584 wATFR OUALITY SECTION Dear Mr. Price: Reference your application for a Department of the Army permit to construct a fishing pier and construct and backfill a bulkhead on the White Oak River, Swansboro, Onslow 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 Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure 1 ' Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 _<'. John Dorney Water Quality Section Division of Environmental Management North Carolina Department Environment,'Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina -2- 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 of Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 27611-7687 U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 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 •. `'? I?IVILLE . Stella ? 1 `\ n Silverdale - ?C-8 o es • ©-- L VA M\s way Park Poletio? \ Te Hubert Cape Ocean ?`..-? ....: C +Pine Gree - y Catteret o `Er ? , !? ^: .-??!:rn` °• •y Mrunr A.ee Sr ansbor 33 SOgu?? Salter Path l y Cedzr'Poi1 ???•,il 31 iB Rtp,on.r c • ?"' _? 'cc" Indian ee.eA f , `-?, ?s./'???? .' _. ?.• tmerald Beach Access t ?? • - ^r Isle 34 9 40 ?? ?~"^s• e ?`?/;- e a OAS T GUARD STATION e6 A/AA,NT HASP ?- envrMCtJ H..sA yl, C) M 0 46. ?. , • Woo T R f : T '? ... t? dc: 16 • y ?At.NUI • + :? a C) O S7q C • ?• a ff T n el M ? 2 . • 4 A . , ' N • r.. R s - rr r•• _ t •• • 14 ?a U ?ell NOV 2 0 1992 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary December 22, 1992 Acting Director Town of Swansboro William E. Price, Town Administrator Post Office Box 368 Swansboro, North Carolina 28584 Dear Mr. Price: Subject: Proposed Fill in Wetlands or Waters Bulkhead repair Onslow County DEM Project # 92702 Upon review of your request for Water Quality Certification to place fill material in 320 square feet of waters for bulkhead repair located in Onslow County, we have determined that the proposed fill can be.covered by General Water Quality Certification No. 2665 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. 13. If you have any questions, please contact John Dorney at 919/733-1786. .Sincerely, reston Howard, Jr. P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files 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 1U L a.r+SEArpo Ati?v ?2 Mr. A. Preston Howard, P.E., Acting Director Division of Environmental Management Wilmington Regional Office State of North Carolina oEM Department of Environment, Health, and Natural Resources Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor William W. Cobey, Jr., Secretary November 24, 1992 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: John R. Parker, Chief Major Permits Processing Section DEC 1 1992 Roger N. Schecter Director 1 r i?y6 `.?? 1 ? ?? 1 1992 DIVISION OF COASTAL MANAGEMENT CAMA/DREDGE & FILL Permit Application Review Town of Swansboro (William E. Price, Town Administrator) White Oak River, north side of Hwy. 24 at Bicentennial Park, Swansboro, Onslow County Proposed Project: to construct a public fishing pier and restroom building Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 15, 1992. If you have any questions regarding the proposed project, please contact Jim Mercer 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 attached comments. SIGNED An Equal DATE Carolina 28557 Telephone 919-7267021 Affirmative Action Employer 1 i `? F / _ RECEIVED: To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKIN:S DATE: December 14, 1992 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: 92702 COUNTY: Onslow PROJECT NAME: Town of Swansboro PROJECT TYPE: Fishing Pier PERMIT TYPE: CAMA COE #: N/A DOT#: NIA RCD FROM CDA: DCM DATE FROM CDA: 1 REG OFFICE: WiRO RIVER AND SUB BASIN#: 0 *STREAM OR ADJACENT WATER BODY: White Oak Ri CLASS: SA STREAM INDEX #: 20-(18) *OPEN OR CLOSED: Closed WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A HYDRO CNECT?: N/A WL SCORE: N/A W.qr MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: Currently under review. N/A PROJECT DESCRIPTION: The applicant proposes to construct a fishing pier, repair existing bulkhead and construct a restroom facility. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #2665 for the construction of the bulkhead. SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Proposed connection to Town of Swansboro sewer system. TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 320 sq. ft. WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY TO CAUSE A SIGNIFICANT LOSS ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A 92702.Dec Page Two % -V • (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Jim Mercer John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Swansboro/William E. Price, Town Administrator 2. LOCATION OF PROJECT SITE: on the White Oak River, north side of Hwy. 24 at Bicentennial Park, in the Town of Swansboro, Onslow County Photo Index - 1989: #165-15 @ D-13 1984: N/A * State Plane Coordinates - X: 2573600 Y: 346400 3. INVESTIGATION TYPE: CAMA (Only) 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/13/92 Was Applicant Present - YES 5. PROCESSING PROCEDURE: Application Received - November 13, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Swansboro Land Classification From LUP - Developed/Conservation (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Public (E) Wastewater Treatment: Existing - City services available Planned - restroom building & facilities (F) Type of Structures: Existing - bulkhead/highground park Planned - fishing pier & restroom building (G) Estimated Annual Rate of Erosion: -0- Source - bulkhead 7. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands (bulkhead) (pier footprint) Open Water 320 sq. ft. 790 sq. ft. (C) Other 600 sq. ft. Highground - restrooms (D) Total Area Disturbed: Approximately 1700 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a public fishing pier and restroom building at the Bicentennial Park on the White Oak River, in Swansboro, Onslow County. * U.S.G.S. 7.5 MIN. TOPO 'SWANSBORO' PR 1983 SMI D INVESTIGATION REPORT: TOWN OF SWANSBORO (WILLIAM E. PRICE, TOWN ADMIN.) PAGE #2 9. NARRATIVE DESCRIPTION: The Town of Swansboro proposes to construct a public fishing pier and other amenities at the Bicentennial Park, located on the White Oak River, just above the Hwy. 24 bridge, at Church Street, in the Town of Swansboro, Onslow County, NC. The Park was developed in 1983 with the authorization of CAMA Major Permit #23-83 and General Permit #C-615. The original permits allowed for construction of the Park as we see it today, as well as, 2 fishing piers which were not built along the east face of the Park. The original permits have expired in 1986. Today, the Town has redesigned their needs and proposes to build 1 public fishing pier near the statute of Otway Burns as shown on the workplat drawing. The pier will have a maximum total length of 40' as measured from the MHW shoreline which is bulkheaded. The pier length includes a T-head platform that measures 50' long x 10' wide. The main leg of the pier will measure 25' long x 10' wide and will include a roof-covered shelter or gazebo at the entrance near the bulkhead. The water depths along the pier alignment range from -1' to -3' on MLT. The project plans also include the construction of restroom facility or building measuring 28' x 20'. The building will be located on the northwest side of the Park next to the existing parking lot. As shown on the plat, the building and associated land disturbance will take place landward of an existing saltmarsh dominated by saltmarsh cordgrass. The applicant has calculated that the new building will add approximately 1,013 sq. ft. of impervious surfaces to the existing budget of 3,816 sq. ft. for a total of 4,829 sq. ft., or 23% of the total Area of Environmental Concern (AEC). As indicated on the front sheet of this report, the surface waters in this section of the White Oak River are classified 'SA' and are closed to the harvesting of shellfish. 10. ANTICIPATED IMPACTS: The proposed fishing pier is a water-dependent structure that will provide recreational access to the general public who visit the Bicentennial Park. The pier with T-head platform will generate a footprint occupation of 790 sq. ft. on the Estuarine Public Trust AEC of the White Oak River. The overall length of the proposed pier will be no more than 40'. The location and length of the proposed pier offer no significant impact on the traditional uses of the White Oak River or the navigational channel that runs parallel to the Park at some 70' waterward of the end of the pier. Construction of the proposed restroom facility will generate 600 sq. ft. of additional impervious surfaces within the 75' highground AEC. However, at 23% coverage, the Park remains well under the maximum allowable 30% standard. Safeguards will be taken by the applicant and the Division of Coastal Management prior to and during construction to protect the adjacent pocket marsh from direct impacts due to construction fill or from runoff sedimentation. ----------------------------- PREPARED BY: JAMES L. MERCER DATE: November 24, 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 Town of Swansboro Address p a R„x 3r,2 City' gwansboro State WC 7-1.?a5 2- 4 - Day phone 4 9-19) 326 4422 X Landowner or Authorized agent b. Project name (if any) ni . ntennial Park Tmnrovemeri s c. If the applicant is not the landowner, also give the owner's name and address. N14 n 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number Si centennial Park at NC tiw?r 24 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? NPw work to existing park- c. Will the project be for community, private, or commercial use? Community-especially shore bound is ermen. d. Describe the planned use of the project. Pier access = rimari l V fnr' f i Rhi n s, alsc SPA and bird watching and general Right RPeing- 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract A01 a c rP R' b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 3 58 to C) d. Soil type(s) and texture(s) of tract BMB - loamy subsoil e. Vegetation on tract Crass/shriihhprV, b. City, town, community, or landmark Swansboro f. Man-made features now ontractbrick sidewalk, benches; _ bulkhead; iron. statuv., :_i3,ghting c. County On R 1 nw g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? Yes Conservation Transitional e. Name of body of water nearest project x Developed Community White Oak River Rural Other. 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for j example, building a home, motel, marina, bulkhead, or pier). rnnstr„nt a f i sb1ng pi e- chel tar public reQfynnm facilities, any re air existing bulkhead tr% h. How is the tract zoned by local government? R-2 rTT rt-neral Business Conditional U i. H C1 are adjacent waters classified? I 3/91 Has a professional archaeological survey been carried out for the tract? No If so, by whom? 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed Public restroom b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.).lil 4 n d. Size of area to be graded or disturbed Layin -a foundation /sidewalk-Exi sti n?.- 38.16SF, Proposed., 1013SF; Total: 4829SF e. If the proposed project will disru, v 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 m. Water supply source Town of Swansboro 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 If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A 6 EXCAVATION AND FILL INFORMATION Resources? N/A 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. 9.3% g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Sand laid brick sidewalk a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin ier 10 Pier50 ' 4.5' op of ead t ess2 'Acces 10' h. If applicable, has a stormwater management plan Other (break- been submitted to the Division of Environmental water, pier, Management? N11 a boat ramp, i. Describe proposed sewage disposal and/or waste rock jetty) water treatment facilities. Fill placed in A sanitary sewer line is located wetland or below at a =uhlic parking lot which the nrnposed facility will connect into HW j. Have these facilities received state or local approval? Upland fill State approval not necessary areas L Describe existing treatment facilities. 6" gravity sewer wit-bin asps of ntihl i r = arking 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commei?ial effluent, "wash down"). Estimated that the surface bulk- wat( b. Amount of material to be excavated from below water level in cubic yards N/A c. Type of material ro a d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubiAc yards 3/91 f. Dimensions of spoil disposal area N/A 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, 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 Df fill material NIA n. Source of fill material N/A o.. Will fill material tie laced on marsh or other .. , wetlands N/ A p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? N/A r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N/A c. Shoreline erosion during preceding 12 months, in feet N/A d. Type of bulkhead material 6 X 6 salttreated wood e. Amount of fill, in cubic yards, to be placed below meanhighwater 40 Cubic Yards 9"X3'X160' f. Type of fill material Concrete 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 cant' 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 710203 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 ?8'fiigh 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 s. Will wetlands be crossed in transporting equipment the like. to project site? mn 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 160'. Repair (f ac i ng )that opportunity. of existing bulkhead. E ?'?.1.-i b. Average distance waterward of mean high water or l normal water level NIA 0 ?r 2 0 W2 3/91 .._._.?......._____?.. 3 Name Town of Swansboro Address P O Box 368 Swansboro, NC 28584 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name NC Department of Trans nrtati0AnyPermitissuedinresponsetothisapplicationwill Address Raleigh, NC allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. Name Nancy Morton Address ox 577 wans oro, Nu 28b84 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, 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. permittee, and issuing dates. I further certify that I am authorized to grant, and do in All necessary permits for Bicent ennialfact, grant permission to representatives of state and Park were obtained in 1983?both State federal rcview agencies to enter on the aforementioned and Federal lands in connection with evaluating information related to this permit application and follow-up monitoring of A check for $250 made payable to the Department of project. Environment , Health, and Natural Resources to cover the costs of processing the application. This is the, 2 day of Vi ,194 L'L- A signed AEC hazard notice for projects in oceanfront and inlet areas. X -rT w -! CIL S••ra.q 6???.0 Landowner or Authorized agent -M?++ 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 3/91 1?1VILLE Stoll3 L,? \ Silverdale ' • ?r ,. r0 r IA& way Park ? - Pelctio! Hubert Cape Ocean Piney Green - Carteret TAeocron Roo-W N. W1.1 A- S I • f. ansbor ; 33 , BO9°.G%°? SLrr,,,; Salter Path `•:. 31 Cedai Poinl'? pot.", r ..- p se Rrp,c.o.r . ?^-- Indian Be.cn cc, S t ?_•? i./; _?. `- •? Emerald Beach Arcr:, ?,• _r! Isle CAMI' 11.11 LOW 1 34 c. j 9 C; 8 ?.~''? •,4?/:- a OAST GUARD STATION 46 A/ARrNT BAS[ ./ •n•mctU Bucn Bot rrr /r1c; \\ ! z ~ < / Wqr NU7 • i` l 2 S t c: ti `• v:.. 1 MFR` , • 0 n? t7 N 1h AFF T ? • 2. • • • ! ' s•?? • rt t. osEC-r 4 v _ OP q NOV 2 0 1992 + r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 3, 1992 Regulatory Branch SUBJECT: Action ID No. 199300596 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: Enclosed is the application of the Town of Swansboro, represented by Mr. William E. Price, for Department of the Army authorization and a State Water Quality Certification to construct a fishing pier and construct and backfill a bulkhead on the White Oak River, Swansboro, Onslow 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, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by February 2, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, a ne Wrig Chie , Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office tox.27687 Raleigh, North Carolina, 27611-76.87 Mr. Charles Jones Morehead City Regional Office. _ North Carolina Division of Coastal Management. Post Office Box 769 Morehead City, North Carolina 28557 t4aLY P , *).? ... a 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 Town of Swansboro Address P o sox 3r.2 City Swansharn State Nr Z'-F 18524 Day phone _.(. 919-;-.2b- 4422 X Landowner or Authorized agent b. Project name (if any) Ric ntenn'al Park Tm= rovements c. If the applicant is not the landowner, also give the owner's name and address. N14A 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 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? NPw work to existing nark- c. Will the project be for community, private, or commercial use? Community-especially shore bound is ermen. d. Describe the planned use of the project. Pier acC`PSS primari l V for fishing, also ..Pa and hird watching and gPnPral sight sPPing_ 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract - R n l a c rP s b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract BMB - loamy subsoil e. Vegetation on tract rrass,C.Ghr„ Pry b. City, town, community, or landmark Swansboro f. Man-made features nowontractbrick sidewalk, benches' _bulkhdadiron.statuiV,_i3,9hting c. County On s 1 nw g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? Yes Conservation Transitional e. Name of body of water nearest project x Developed Community White Oak River Rural Other 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT h. How is the tract zoned by local government? R-:? rjCypnPral R„siness ronditional U. i. How are adiacent waters classified? Class S-A a. Describe all development activities you propose (for j example, building a home, motel, marina, bulkhead, or pier). rnnGtr„ct a f i shin;IDier, GhP1 tar, niihl i s rpctronm far i l i 1- i es And ranair PXisting hulkhAad :tn 11 001 Has a professional archaeological survey been carried out for the tract? N_ If so, by whom? UI i ij Nov o IY 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed Public restroom (1) b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) N.1 A m. Water supply source Town of Swansboro 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 d. Size of area to be graded or disturbed If the project is on the oceanfront, what will be the Laying -a foundation / s idewalk-Exi sti n?'* elevation above mean sea level of the first habitable 38.16SF?, Proposed` 1013SF' Total: 4829SF e. If the proposed project will distui v more than one ti0° -? A 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 6 EXCAVATION AND FILL control plan been submitted to the Division of Land INFORMATION Resources? N/A f. Give the percentage of the tract within 75 feet of a. Describe below the purpose of proposed excavation mean high water to be covered by impermeable or fill activities (excluding bulkheads, which are surfaces, such as pavement, buildings, rooftops. covered in Section 7). 9.3% Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) Sand laid brick sidewalk Boat basin h. If applicable, has a stonnwater management plan Other (break- been submitted to the Division of Environmental water, pier, Management? N11 A boat ramp, i. Describe proposed sewage disposal and/or waste rock jetty) water treatment facilities. Fill placed in A sanitary sewer line is located wetland or below ,at a = uhl i c ;larking lot which the rn= nGed facility will connect into HW j. Have these facilities received state or local approval? Upland fill State approval not necessary areas k. Describe existing treatment facilities. 6" gravity sewer within area of =tthlir aarkin7 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Estimated that the surface ier 10 i' Pier501' 4.5' bulk wat b. Amount of material to be excavated from below water level in cubic yards N/A c. Type of material N,i A d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubi Ac yards 3/91 a- f. Dimensions of spoil disposal area N/A 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, swamps, or water areas? k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards N/A m. Type pf fill material NIA., n. Source of fill material N/A c. Shoreline erosion during preceding 12 months, in feet N/A d. Type of bulkhead material 6 X 6 salttreated wood e. Amount of fill, in cubic yards, to be placed below meanhighwater 40 Cubic Yards 9"X3'X160' f. Type of fill material Concrete 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. o., Will fill material lie paced on marsh or other wetlands A 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 N/A Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? N/A 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 Agh 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 (for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed dredge)? N /A 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? r, 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 ._Repair (f ac i ng )that opportunity. ?1, a. Length of bulkhead orriprap1601 of existing bulkhead. _j.!` i?! f 0 . , b. Average distance waterward of mean high water or normal waterlevel N/A NOV k 0 wi 5 IL-15B [`-K] I L_J 3/91 -._--A Name Town of Swansboro Address P O Box 368 Swansboro, NC 28584 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name NC Department of Tran sport at i offny permit issued in response to this application will Address Raleigh, NC allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. Name Nancy Morton Address ox 577 wans oro, Nu 28584 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- A list of previous state or federal permits issued for ducted in a manner consistent with such program. work on the project tract. Include permit numbers, permittee, and issuing dates. I further certify that I am authorized to grant, and do in All necessary permits for Bicent ennialfact,grant permission torepresentatives ofstate and Park were obtained in 1983-both State federal review agencies to enter on the aforrinentioned and Federal. lands in connection with evaluating information related to this permit application and follow-up monitoring of A check for $250 made payable to the Department of Project. Environment, Health, and Natural Resources to cover tr-- ,L the costs of processing the application. This is the 2 ..'day ofJ a'JZ A signed AEC hazard notice for projects in oceanfront X Tr• -r of V--r ad°"A and inlet areas. Landowner or Authorized agent -M--i ?0?.?-^? i?+?- 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 3/91 1?7VILLE Stella C, B. Silverdale 0.. \ S L 0 \"AA ee 8 7 1- ?._ M, way Park Polctior Pine Green Iqubort Cape Ocoan Y == a ,`-` Carteret ,??a•: TAeoAor. Roost" 7' A'sfw.IA- St P ansbor ' 33 , 8o9??c%°? ; SUIrm Salter Palh _, ?•:. Cedzr Point • jl„_In f i---? \ 31 s - SB Ray.on.s S tj Indian a11rn t ' ?? ;,??? ,?i: e • Emerald Beach Arer:, • Isle 34 48 ?? ?.`?'^ `• `?/ : OAST GUARD STATION 46 r A14R/N( BAS( V .nvnCCRS B..M Botur In/c::e IF 0 ii, • (N0 s' r, or: Nor ?S , • 3 ,. , a tD 2 1 D SrgfET ?..` tr, r, ~ r Ss: - ? as r LAY- r? NOV 2 0 1992 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Swansboro/William E. Price, Town Administrator 2. LOCATION OF PROJECT SITE: on the White Oak River, north side of Hwy. 24 at Bicentennial Park, in the Town of Swansboro, Onslow County Photo Index - 1989: #165-15 @ D-13 1984: N/A * State Plane Coordinates - X: 2573600 Y: 346400 6 3. INVESTIGATION TYPE: CAMA (Only) 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/13/92 Was Applicant Present - YES WEFL:SOON 7RU WATER 5 . PROCESSING PROCEDURE: Application Received - November 13, 2 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Swansboro Land Classification From LUP - Developed/Conservation (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: YES (D) Intended Use: Public (E) Wastewater Treatment: Existing - City services available Planned - restroom building & facilities (F) Type of Structures: Existing - bulkhead/highground park Planned - fishing pier & restroom building (G) Estimated Annual Rate of Erosion: -0- Source - bulkhead 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHRR (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands (bulkhead) (pier footprint) Open Water 320 sq. ft. 790 sq. ft. (C) Other 600 sq. ft. Highground - restrooms (D) Total Area Disturbed: Approximately 1700 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a public fishing pier and restroom building at the. Bicentennial Park on the White Oak River, in Swansboro, Onslow County. * U.S.G.S. 7.5 MIN. TOPO 'SWANSBORO' PR 1983 11?*s .. FIELD INVESTIGATION REPORT: TOWN OF SWANSBORO (WILLIAM E. PRICE, TOWN MIN.) PAGE #2 9. NARRATIVE DESCRIPTION: The Town of Swans oro proposes to construct a public fishing pier and other amenities at the Bicentennia l Park, located on the White Oak River, just above the Hwy. 24 bridge, at Chu h Street, in the Town of Swansboro, Onslow County, NC. The Park was d veloped in 1983 with the authorization of CAMA Major Permit #23-83 and G eral Permit #C-615. The original; permits -allowed for construction of the Park as a see it today, as well as, 2 fishing piers which 'were not built along the east face oft Park. The original permits have expired in 1986. Today, the Town has redesigned their needs and proposes to build 1 public fishing pier near the statute of Otway Burns as shown on the workplat drawing. The pier will have a maximum total length of 40' as measured from th e MHW shoreline which is bulkheaded. The pier length includes a T-head platform hat measures 50' long x 10' wide. The main leg of the pier will measure 25' long 10' wide and will include a roof-covered shelter or gazebo at the entrance near the ulkhead. The water depths along the pier alignment range from -1' to -3' on MLT. t The project plans also include the construction of r stroom facility or building measuring 28' x 20'. The building will be located on t northwest side of the Park next to the existing parking lot. As shown on the plat, th building and associated land disturbance will take place landward of an existing salt sh dominated by saltmarsh cordgrass. The applicant has calculated that the new bu' ding will add approximately 1,013 sq. ft. of impervious surfaces to the existing budget of 3,816 sq. ft. for a total of 4,829 sq. ft., or 23% of the total Area of Environmental Concern (AEC). As indicated on the front sheet of this report, the surface aters in this section of the White Oak River are classified 'SA' and are closed to the arvesting of shellfish. 10. ANTICIPATED IMPACTS: The proposed fishing pier ' a water-dependent structure that will provide recreational access to the general public who visit the Bicentennial Park. The pier with T-head platform will generate a foo rint occupation of 790 sq. ft. on the Estuarine Public Trust AEC of the White Oak River. The overall length of the proposed pier will be no more than 40'. The location an length of the proposed pier offer no significant impact on the traditional uses of the White Oak River or the navigational channel that runs parallel to the Park at som 70' waterward of the end of the pier. Construction of the proposed restroom facility will generate 600 sq. ft. of additional impervious surfaces within the 75' highgroun AEC. However, at 23% coverage, the Park remains well under the maximum allowable 30% standard. Safeguards will be taken by the applicant and the Divi ion of Coastal Management prior to and during construction to protect the adjace t pocket marsh from direct impacts due to construction fill or from runoff sedimentati n. PREPARED BY: JAMES L. MERCER DATE: November 24, 1992 .I P 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 Town of Swansboro Address g n 2o_ 2C,2 City. Swansbnro State NC ?.c?T Zip 2252 Dayphone ) 326 4424 - x Landowner or Authorized agent b. Project name (if any) Bicentennial Park Tmprovements 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 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 to existing =ark. c. Will the project be for community, private, or commercial use? Community-especially shore.bound fis ermen. d. Describe the planned use of the project. Pier arm-gs, primarily for fishing.,also sea and hird watching and cieneral Sight sPPincl- 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract -803 a r. re s b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract BMB - loamy subsoil e. Vegetation on tract n ras c Is h -ri hh e ry b. City, town, community, or landmark Swansboro f. Man-made features now on tract brick sidewalk, benchesl __bulkhead _iron_. statu(p, -._lJghting c. County On (; 1 nw g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project White Oak River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Conservation Transitional _x Developed Community Rural Other h. How is the tract zoned by local government? R:) rTT r,PnPral Ruginess Conditional U: a. Describe all development activities you propose (for j example, building a home, motel, marina, bulkhead, or pier). rnnctrnct a fishing IDier, ahal fPr,D „hl i C restrLj0m Ar_iliti es, and rP?air existing bulkhead to 3/91 How are adjacent waters classified? Class S-A Has a professional archaeological survey been carried out for the tract? No If so, by whom? j Nov 2 0 1992 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. n. If the proje is oceanfront development, describe the steps th will be taken to maintain established public beac laccessways or provide new access. a. Type and number of buildings, facilities, or in. Water supply source Town of Swansboro structures proposed Public restroom (1) I b. Number of lots or parcels 1 c. Density (Give the number of residential units and the units per acre.) N.1 A d. Size of area to be graded or disturbed Layin .;.a foundation/sidewalk-Existin If the proje g 3816SF., Proposed' .1013SF; Total: 4829SF elevationa e. If the proposed project will disnau more than one floor? 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 6 EXCAV, control plan been submitted to the Division of Land INFORI Resources? N/A f. Give the percentage of the tract within 75 feet of a. Describe bE mean high water to be covered by impermeable or fill activ surfaces, such as pavement, buildings, rooftops. covered in 9.3.% g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Sand laid brick sidewalk h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N/A i. Describe proposed sewage disposal and/or waste water treatment facilities. A sanitary sewer line is located at a public. parking lot which the proposed facility will connect into j. Have these facilities received state or local approval? Mate approval not necessary k. Describe existing treatment facilities. h" Gravity sewer within area of =„hlirzarking 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, iridustrial/commercial effluent, "wash down"). _ Estimated that h s Urfa A -U is on the oceanfront, what will be the ve mean sea level of the first habitable TION AND FILL ATION the purpose of proposed excavation (excluding bulkheads, which are on 7). Length Width Depth (MLW) or ) Boat basin Other (break- water, pier, ier 10 Pier50 ' 4.5' boat ramp, op of t rock jetty) ead t ccess2 'Acces 10' Fill placed in wetland or bei MHW Upland fill areas b. Amount of aterial to be excavated from below water level cubic yards N/A c. Type of material NI/ A d. Does the ara to be excavated include marshland, swamps, or ther wetlands? No e. High groun excavation, in cubic yards 9 ulk- wate 2 . _. ., . . . 1 3/91 ?f f. Dimensions of spoil disposal area N/A 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, swamps, or water areas? 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 N/A-. n. Source of fill material N/A c. Shoreline erosion during preceding 12 months, in feet N/A d. Type of bulkhead material 6 X 6 salttreated wood e. Amount of fill, in cubic yards, to be placed below meanhighwater 40 Cubic Yards 9 "X3' X160' f. Type of fill material Concrete 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. o., Will fill material be placed on marsh or other wetlands? N/ A 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 N/A Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? N/A 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 Agh 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 (for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed dredge)? N/ A 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? Nn 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 gy-9 a. Length of bulkhead orriprap 160'_ repair (facing )that opportunity. _e of existing bulkhead. J.._.,,,._y°... b. Average distance waterward of mean high water or ° a normal water level N/A NOV 2: L?`? CSC 3/91 ....._.._..??_,..._. ______...:s r- Name Town of Swansboro Address P 0 Box 368 Swansboro, NC 28584 9 CERTIFICATI TO ENTER O N AND PERMISSION LAND . Name NC Department of Transport a a t ioAr y permit issued in res once to this application will Address Raleigh, NC allow only the developm nt described in the application. The project will be subje ct to conditions and restrictions contained in the permit. Name Nancy Morton Address Box I certify that to the best o my knowledge, the proposed wa n s oro , NG 28584 activity complies with th State of North Carolina's ap- proved Coastal Manage ent Program and will be con- A list of previous state or federal permits issued for ducted in a manner consi stent with such program. work on the project tract. Include permit numbers, permittee, and issuing dates. I further certify that I a authorized to grant, and do in All necessary permits for Bicentennialfact, grant permission to epresentatives of state and Park were obtained in 1983-both State fecleralreview agencies t enter on the aforementioned and Federal. lands in connection with valuating information related to this permit application and follow-up monitoring of A check for $250 made payable to the Department of project. Environment, Health, and Natural Resources to cover d the costs of processing the application. This is the 12 ay a 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 Landowner or A - ?w . ! cyG S?J+.r3 4oti.o agent -iv.w yep,, •.. r.s ?l. AN? 3/91 tG6LLE S oll3 G? Silverdale nn • ?_ s o vvrl_„ e8 ¦ }? _ _ - _ M\ way Park 7 Puletier 24 Hubert / Cape Ocean ??. Pine Green Carleret a. y _ 22, t ?- -• ?? Tneodair Roo/r••dr ''• re's Nre/A?ee Sl Ilk r/,,,; Salter Path ' ?- - ansboro : 33 3 Bog SO .i Cedai Poi Pir -? •.`1 ?-' _? \. ? ,?„ -_.. ? o ?---- -_ Indian er 58 tmerald Beach Acccn .rss - t ,,-Isle CAMP 1 (.11 OW ?? ? J. 9 34 48 - a OAST GUARD STATION FEAR/Nf QASf IAYlICCF., a-ch Bo 46 EIIr ),;/c:. \? ure f`k. 'Urcr la, rr) TRE: T •.1s zi TREc T - ti ti`, ?? ? y fix, y • ? .??.` \ Y/ , i! 17 ? 'S5 D srgEer, fLM n •S ? .4 NOV x o 19sz I 1? c DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 3, 1992 Regulatory Branch SUBJECT: ACTION ID No. 199300596 Mr. William E. Price Town of Swansboro Post Office Box 368 Swansboro, North Carolina 28584 Dear Mr. Price: 6 DEC -91992 4_.y. 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 November 27, 1992, for Department of the Army authorization to construct a fishing pier and construct and backfill a bulkhead on the White Oak River, Swansboro, Onslow 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. 199300596 and will be coordinated by Mr. Jeff Richter in our Wilmington Field Office. He is available at telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure/as . V 1` -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Wat r Quality Section D' ision 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. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 t DEPARTMENT OF THE ARMY D WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 13 OW a IN REPLY REFER TO December 4, 1992 WETLANDS GROUP WATER UAI ITV SECTION Regulatory Branch Action ID. 199300596 Mr. William E. Price Town of Swansboro Post Office Box 368 Swansboro, North Carolina 28584 Dear Mr. Price: Reference your application for Department of the Army (DA) authorization to construct a fishing pier and construct and backfill a bulkhead on the White Oak River, Swansboro, Onslow 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. .04 16 -2- This information is essential to our expeditious processing of your application and it should be forwarded to us by January 4, 1993. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. If you have questions, please do not hesitate to contact Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. 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 Mr. John Dorney Division f Environmental Management L>N?atural arolina Department of ironment, Health and 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 12, 1993 Regulatory Branch Action ID. 199300596 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: n ? im ?a JAN ? 2 ? ?: -. ` i itr1WD ?! Reference the application of the Town of Swansboro, represented by Mr. William E. Price, for a Department of the Army permit to construct a fishing pier and construct and backfill a bulkhead on the White Oak River, Swansboro, Onslow 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, including the bulkhead with fill, must be performed in strict compliance with the permit plans. b. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. C. 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. d. No vegetated wetlands will be excavated or filled. e. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. f. The authorized structure and associated activity will not cause an unacceptable interference with navigation. g. The activity will be conducted in such a manner as to prevent a -K -2- 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. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of /Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 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. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557