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HomeMy WebLinkAbout19920764 Ver 1_COMPLETE FILE_1992010104 SrArZ J C/' -,? Ctw. vw??. State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor January 21, 1993 Cyrus F. Lee Post Office Box 2047 Wilson, North Carolina 27893 Dear Mr. Lee: Jonathan R Howes, Secretary Subject: Proposed Fill in Wetlands or Waters Maintenance excavation and bulkhead repair Pamlico County DEM Project * 92764 Upon review of your request for Water Quality Certification to place fill material in 1785 square feet of waters in Neuse River for maintenance excavation and bulkhead repair located at SR 1310 in Pamlico 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, P eston Howard, TJ P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker, Division of Coastal Management P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax,# 919-733-0513 An Equal Opportunity Affirmative Action Employer A ?+ STA7r RECEIVED WASHINGTON OFFICE u cu 1 8 1992 M 14 State of North Carolina E Department of Environment, Health, and Naturl Resources _...__ Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor William W. Cobey, Jr., Secretary December 10, 1992 Roger N. Schecter 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: Cyrus Lee Project Location: off SR1309, near Wiggins Point, on the Neuse River, in Oriental, Pamlico County Proposed Project: to maintain an existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 31, 1992. If you have any questions regarding the proposed project, please contact David Noble at 919/726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED C avf DATE P.O. Box 769, Morehead City, orth Carolina 28557 Telephone 919-726-7021 An Equal Oppo . nity Affirmative Action Employer ,,w- - MEMORANDUM JAN 9 t, INITIALS: Reviewer: TO: John Dorney WQ Supv: Planning Branch WE'LA,,NDS GROUP Date : SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)*** PERMIT _YR: 92 PERMIT_NO: 0000764 COUNTY: PAMLICO APPLICANT NAME: CYRUS F. LEE PROJECT-TYPE: BULKHEAD/DOCK PERMIT-TYPE: CAMA COE_#: 199300779 T_#: RCD_FROM _CDA: DCM DATE F CDA 12/21 2 REG OFFICE: WARD RIVER A SU BA IN STREAM CLASS: STR INDEX N0: ' WL_IMPACT?: YIN L_ Y E WL REQUESTED: L CR EST?: YIN HYDRO_CNECT?: YIN WL_SCORE(#): MITIGATION?: YIN MITIGATION-TYPE: MITIGATION SIZE: C cc: Regional Office Central Files IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY DIVISION OF COASTAL MANAGEMENT -' FIELD INVESTIGATION REPORT nFC 2 1992 1. APPLICANT'S NAME: Cyrus Lee WETLANDS GROUP 2. LOCATION OF PROJECT SITE: off SR1309, near Wiggins Point, on the Neuse River, in Oriental, Pamlico County Photo Index - 1989: 119-17 (H-15) 1984: 52-1234 (V-20) State Plane Coordinates - X: 2684200 Y: 464800 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/3/92 Was Applicant Present - YES (Agent) 5. PROCESSING PROCEDURE: Application Received - November 23, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Rural with Services (B) AEC(s) Involved: ES, PT, EW, CW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - NONE Planned - NONE (F) Type of Structures: Existing - Boat basin, ramp . Planned - Maintenance of same (G) Estimated Annual Rate of Erosion: 5' Source - USDA - SCS 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands Basin & Channel Maintenance 1440 sq. ft. Basin & River Bottom - Bulkhead 345 sq. ft. (C) Other 8000 sq. ft. Highground - spoils (D) Total Area Disturbed: Approximately 10,000 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES 8. PROJECT SUMMARY: The applicant proposes to maintain an existing boat basin j k'4--t/ ?? V ?2- . FIELD INVESTIGATION REPORT: CYRUS LEE, PAMLICO COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is a 48.87 acre tract located on the Neuse River, off SR1310, near Williams Point, Oriental, Pamlico County. A portion of the property was subdivided many years ago and several cottages now exist along the river. There is an old boat basin at the western edge of the property which was excavated prior to permit requirements. An old boat ramp is on the eastern side of this basin. The mouth of the basin has shoaled in and the applicant proposes to maintain a 90' x 16' x -41/2' NWL entrance channel leading into the basin. The applicant proposes to maintain the basin with a dragline and place the spoils on an 80' x 100' highground area on the eastern side of the basin. In addition to the excavation, the applicant proposes to construct approximately 85' of bulkhead along the river at an average of 2' offshore of NWL and '35' along the eastern side of the basin approximately 5' from NWL. The applicant also proposes to construct two (2) 60' wooden breakwaters to protect the entrance channel. Inside the basin, the applicant proposes to construct a 135' x 4' parallel dock along the eastern side. 1:0..--; ANTICIPATED EMPACTS: The proposed excavation will remove:``approximatiely 200 cu. yds. of sand from approximately 1,440 sq. ft. of previously excavated basin and river bottom. The proposed spoil will be spread on approximately 8,000 sq. ft. of highground adjacent to the basin. Approximately 175 sq. ft. of basin bottom will be backfilled for the bulkhead and the basin. Approximately 170 sq. ft. of shallow river bottom will be backfilled for construction of 85' of bulkhead along the river. The Neuse River is classified as 'SA' by the Division of Environmental Management and is open to shellfishing by the Division of Environmental Health and Division of Marine Fisheries. -------------------------- PREPARED BY: W. DAVID NOBLE December 10, 1992 PleaiE'e 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. a. Name Cyrus F. Lee Address ox City Wilson State NC Zip 27893 Day phone 249-0827 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. Sgeet address or secondary road number ots & 2 Wiggins point b. City, town, community, or landmark ,sear .i°riental c. County Pamlico d. Is proposed work within city limits or planning .. jurisdiction? No e. Name of body of water nearest project Neuse River 3 DESCRIPTION AND PLANNED, USE OF PROPOSED PROJEC'T' a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Breakwater, Dredging, Bulkhead, Dock, Boardwalk 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? Both c. Will the project be for community, private, or commercial use? Private d. Describe the planned use of the project. Pleasure boating b the owner o Ots 1 & 2 .....LAND -.AM 'WATER - CHARACTERISTICS a. Sim of entire tract 48.87 acres b. Size of individual lot(s) acres c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum +6' +/- d. Soil type(s) and texture(s) of tract Yonges - Altavista - Fork e. Vegetation on tract Pine & Hardwood Marsh grass as shown f. Man-made features now on tract Boat basin, street _ g. What is the CAMA Land Use Plan Classifica- tion of the sitel (Consult the local land use plan.) . . Conservation Transitional Developed Community X Rural w/services Other h. How is the tract wried by local govemmentl none i. How are adjacent waters classifiedl SA - NW j. Has a professional archaeological survey been carried. out for the tractl y4kuown If so, by whoml M_. -..,r.._._.?......r.?...?.,. 5 UPLAND DEVELO L.?, . .' N/A Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or•distutbed e. If the proposed project will disturb move 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 Resourcest f. Give the percentage of the tract within 75 feet of mean high water to ( r' permeable surfaces, su buildings, or rooftops. i; n? NOV 2 31992 0 .. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? ' i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approvall k. Describe existing treatment facilities. 1. Describe location and type of disrcharges to waters of the state (for example;, surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). m. Water supply source n. If the project is oceanfront development, describe the steps that will be'taken to main- tain established public beach accessways or pro- vide new access. o: If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) 90' 16' 4.5 Boat basin Other (break- water, pier, 2 - 8 5 , boat ramp, rock jetty) Fill placed in wetland or below 0 MHW Upland fill 80 100 arena b. Amount of material to be excavated from below water level in cubic yards 2-00c ±!_- c. Type of material s and d. Does the area to be excavated include marsh- land. swamps, or other wetlands? No e. High ground excavation, in cubic yards _ 0 f. Dimensions of spoil disposal area _8_0X100_ S. Location of spoil disposal area lot- 2 & h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance?? If so, where? north of Lot 1 . & 2 j. Does the disposal area include any marshland, swamiAand,'or water areas? no k. Will the fill material be placed below mean high water? no 1. Amount of fill in cubic yards 300 cv m. Type of fill material sandy :' n. Source of fill material channel o. Will fill material be placed,on marsh or other wetlands? no p. Dimensions of the wetland to be filled none q. How will excavated or fill material be kept on site and erosion controlled? silt fence r. What type of comniction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? dragline 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. 7 SHORELINE STABILIZATION. a. Length of bulkhead or riprap 135' b. Average distance waterward of mean high water or normal water level 3' c. Shoreline erosion during preceding 12 months, in feet aonrox 3 ?YYYYY??YYYY?YYY? d. Type of bulkhead material P • T . wood e. Amount of fill, in cubic yards, to be placed below mean high water 400 cy +L- ,; f. Type of fill materiaL,r NOV 2 3 1992 f.. 2 . r f - "ADDITTGNAT~'INORMATION 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 eft 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 rnaaagement 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 Elisha H. Bunting Address 700 Sampson Street Raleigh, NC 27609 Name Perry Griffin Foundation Address . Edward Lupton P.0. Box 53 ?;,j?f, Oriental, NC •28571 Address A fiat of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dazes. A check for $100 made payable to the. Depart- ment of Natural Resources and Community Development to cover the costa 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 P SION TO ENTER ON LANLT,..; 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- pcxsed activity complies with the State of North Caroiina's approved Coastal Management Program and will be conducted in a manner,:CQpsistent 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 ' the _,_day of 19_? x 1 ?? T Landowner or A rind 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. ' F'ov 2 u 199 s 3 MM?.+rr..rrrr. r.. r.....r rrrrrwwy U 2 . y 3 - CA ro 0 23? ti 2 1n ? - vi r - 0 I. E' 76*40, D ?D s= O m s 4 j 4 b ? h 2 x 'a y p y II.-A-T 1 f TC l , a 1 i G B c,• N i 76°93' -^r i" u NOV 2 3 1992 ; i, C5 it V0 ??.NM??Mw+rMII?IIIr . . r . N CyrUS L c c. oas?/ ¢ ?w??e ?1?k ' • ? ' Pro v r., 6c 160 //V/vv r?rlo v c c _ ??, r ,pv?-rjo :p 11 A6na ' 1 1 . . z J ??. y3' . A i°ro?xJ.Bu/Ffcd Lod # z Lof ?K S ' L ¢ 'w?:/c 600,-.o?wo%E oy e N, h ? ' j Cyr?? Lem ,?! ? Gyrv? LcG EL??-frv,BvNfN9 MW L 1 \ . MWL / I FJ-a?cos4d Sulk?ea?1 v ! Wlr/° i ? ' ' ? ` c ? I ? ,Bic?4? W 47 Ncua? /('ivcr MWL /1?e4r Or,eN747L For Mr-. C rvs Lcc 1 /° D, box 20¢7 w,I50N, /y ? , 2 ?e9? ,Q,lr--': Nov. 12, /WZ ale l "= 40' To : John Dorney " Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT pNpS GROUP N kxmh'TWrFR i CAMA/COE PERMIT APPLICATION REVIEW Qxlo SECTIO WaRO PROJECT # WQ SUPERVISOR: TH REVIEWER: SAWYER DATE: J11, WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: COUNTY: PROJECT NAME:?? PROJECT TYPE: /Y?? ?•PERMIT TYPE: e?F?COE COE. #: DOT #: RCD FROM CDA: DATE FROM CDA: p 2 REG OFFICE: WaW_ RIVER AND SUB BASIN STREAM OR ADJACENT WATER BODY: CLASS : 5 4 N 5 &0 STREAM INDEX OPEN OR 'CLOSED: Ojad ? WL IMPACT: J,/ WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: ??? ?ING SHEET ATTACHED? REC 91ENDATION: ? ._?J?,ISSUE/COND DENY HOLD '(CLcticcd STORMWATER PLAN REQ'D: IF YES, DATE APPROVED. PROJECT DESCRIPTION: ,, WATER QUALITY CERT. (401) CERT. REQ'D: Y IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL ?- AREA OF FILL: WATER: 3`5 WETLAND: IS FILL ELIMINATING A SIGNIFIC USE? DREDGING _A AREA TO BE DREDGED : ?` IS DREDGING ACTIV;TY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? ^ / IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: L SURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; COE Washington Office v DIVISION OF EN}YiR0?1M?TAL MANAGEMENT 1 '7 MEMORANDUM TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO a. . FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews for Stormwater Review Project: ?[" . (?„•? Project No.:? - D -- C- Date Received: Date Comment: Description of Project: x oComments: f + DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cyrus Lee 2. LOCATION OF PROJECT SITE: off SR1309, near Wiggins Point, on the Neuse River, in Oriental, Pamlico County Photo Index - 1989: 119-17 (H-15) 1984: 52-1234 (V-20) State Plane Coordinates X: 2684200 Y: 464800 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/3/92 Was Applicant Present - YES (Agent) 5. PROCESSING PROCEDURE: Application Received - November 23, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Rural with Services (B) AEC(s) Involved: ES, PT, EW, CW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - NONE Planned - NONE (F) Type of Structures: Existing - Boat basin, ramp Planned - Maintenance of same (G) Estimated Annual Rate of Erosion: 5' Source - USDA - SCS 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands Basin & Channel Maintenance 1440 sq. ft. Basin & River Bottom - Bulkhead 345 sq. ft. (C) Other 8000 sq. ft. Highground - spoils (D) Total Area Disturbed: Approximately 10,000 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: YES 8. PROJECT SUMMARY: The applicant proposes to maintain an existing boat basin. .t 6*34 FIELD INVESTIGATION REPORT: CYRUS LEE, PAMLICO COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is a 48.87 acre tract located on the Neuse River, off SR1310, near Williams Point, Oriental, Pamlico County. A portion of the property was subdivided many years ago and several cottages now exist along the river. There is an old boat basin at the western edge of the property which was excavated prior to permit requirements. An old boat ramp is on the eastern side of this basin. The mouth of the basin has shoaled in and the applicant proposes to maintain a 90' x 16' x -41h' NWL entrance channel leading into the basin. The applicant proposes to maintain the basin with a dragline and place the spoils on an 80' x 100' highground area on the eastern side of the basin. In addition to the excavation, the applicant proposes to construct approximately 85' of bulkhead along the river at an average of 2' offshore of NWL and 35' along the eastern side of the basin approximately 5' from NWL. The applicant also proposes to construct two (2) 60' wooden breakwaters to protect the entrance channel. Inside the basin, the applicant proposes to construct a 135' x 4' parallel dock along the eastern side. 10. ANTICIPATED IMPACTS: The proposed excavation will remove approximately 200 cu. yds. of sand from approximately 1,440 sq. ft. of previously excavated basin and river bottom. The proposed spoil will be spread on approximately 8,000 sq. ft. of highground adjacent to the basin. Approximately 175 sq. ft. of basin bottom will be backfilled for the bulkhead and the basin. Approximately 170 sq. ft. of shallow river bottom will be backfilled for construction of 85' of bulkhead along the river. The Neuse River is classified as 'SA' by the Division of Environmental Management and is open to shellfishing by the Division of Environmental Health and Division of Marine Fisheries. PREPARED BY: W. DAVID NOBLE December 10, 1992 W 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. ?. _ .....:.:, ?: f 1 .:APPLICANT* a. Name Cyrus F. Lee Address YV b O X Z V4/ City Wilson State NC in 27893 Day phone 249-0827 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. d. Describe the planned use of the project. Pleasure boating b the owner o is 1 & 2 LAND AND WATER - 'w?- CHARACTERISTICS, ",; • '` •• a. b. C. d. e. f. g• trxt 48.87 acres Size of entire Size of individual lot(s) acres Elevation of acct above saran sea level or tional Geodetic Vertical Datum 'y.6' +/ - Sod type(s) and texture(s) of tract onges - Altavista - Fork Vegetation on tract Pine & Hardwood Marsh grass as shown Man-made features now on tract Boat basin, street What is the CAMA Land Use Plan Classifica- tion of the sitel (Conduit the local land use plan.) Conservation Transitional Developed Community _ XX_ Rural w/services Other How is the tract wined by local government? none How are adjacent waters classified? sa - Nw Has a professional archaeological survey been carried. out for the tract? u4kn]gn If so, by whom? 2 LOCATION OF PROPOSED PROJECT h. i. a. S?reet or secondary road number ots & 2 Wiggins point j. b. City, town, community, or landmark near Oriental C. County Pamlico d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Neuse River 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). Breakwater, Dredging. Bulkhead. Dock, Boardwalk 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? Both c. Will the project be for community, private, or commercial use? Private 5 UPLAND DEVELO P"'L1 N/A Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the unto per acre.) d. Size of area to be graded or disturbed 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? f. Give the percentage of the tract within 75 feet of mean high water to permeable surfaces. buildings, or toofoops. nFIS OV T23?; g. List the materials, such as marl. paver stone, b. Amount of material to be excavated from water level in cubic yards 200cy +/- l b asphalt. or concrete, to be used for paved c ow e Type of material s and surfaces. . d. Does the area to be excavated include marsh h. If applicable, has a stormwater management plan been submitted to the Division of En- e. land, swamps, or other wedandsl No High ground excavation, in cubic yards _0 1 80 i vironmental Management? f. x 0 sposal area Dimensions of spoil d i. Describe proposed sewage disposal and/or waste S. Location of spoil disposal area lot 2 & I water treatment facilities. h. Do you claim title to the disposal area? y_ P.a_ j. Have these facilities received state or local If not, attach a letter granting permission from k. approvall Describe existing treatment facilities. i. the owner. Will a disposal area be available for future maintenance? .? "P R - If so. where? 'north of Lot 1 & 2 j. Does the disposal area include any marshland, 1. Describe location and type of discharges to waters of the state (for exampler surface runoff, k. swampland; or water areas? no Will the fill material be placed below mean sanitary wastewater, industrial/commercial or "wash down"). effluent 1. high water? no Amount of fill in cubic yards 300 cv , m. Type of fill material sandy n. Source of fill material channel M. Water supply source o. Will fill material be placed on marsh or other n. If the project is oceanfront development, describe the steps that will be taken to main- p. wetlands? no Dimensions of the wetland to be filled , none tain established public beach accessways or pro- q. How will excavated or fill material be kept on d erosion controlled? silt fence i vide new access. s te an 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? hydraulic dredge)? dragline_•,' 6 EXCAVATION AND FILL s. Will wetlands be crossed in transporting equip. INFORMATION If yes. explain ment to the project sitei no the step 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) 90' 16' 4.5 Boat basin Other (break. water, pier, 2-85' boat ramp, rock jetty) Fill placed in wetland or below 0 MHW Upland fill 80 100 accts 7 SHORELINE STABILIZATION. b. C. t. f. Length of bulkhead or riprap 135' Average distance waterward of mean high water or normal water level 3' Shoreline grosion during preceding 12 months, in feet apnrox 3' Type of bulkhead material P.T. wood Amount of fill, in cubic yards. to be placed below mean high water 400 cv +/- Type of fill tnat. -l sand 2 4ADDITI0NAI'INEORMATION 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- watd 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 % x 11 white paper. (Refer to Coastal Resources Commission Rule 1J.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 Engineer 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) number, 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. 113.129(d). Name Elisha H. Bunting Address 700 Sampson Street Raleigh, NC 27609 Name Perr Griffin Foundation Address % Edward Lupton P.O. Box 53 %WX Oriental, NC 28571 Address isrued A list of previous state or federal Perm for work on the project tract. Include permit numbers, permittee, and issuing data. A check for $100 made payable to the. Depart- ment of Natural Resources and Community Development to cover the coo of processing the application. A signed AEC hazard nodes for projects in ocean- front and inlet areas. A statement on the use of public f funds. , ??? at- project involves the expenditure 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 LAN?IY" 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 manner4posistent with such program. w r?..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 the day "F 19 X A? T Landowner or A agar Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineer. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. rM ? Li'uU U ?l?tJ 3 . A N Cyrus L c c rb•?h ?i..s c 10 .-.. • • ? ? f?o?xx?? w,?1e ?cack Ex;sfiv? ?/iv9 ? To 6c r??ovc - X600. f' ifvir•s o ? ? •O 1 l0 Ex,?f;n?1 bo4? ? l `?. /?'"` ! Lod ? z Lod >* 3 ` ¢'w,:ic boo.-two/? oNB.N, h ! R ?S L EL f f C L G ,? riv yr cc t?, ee ?f yrv? nr9 M WL MWi- t QAA1 Qre4 A6 6c drr.4 a4e to I . ? Ex i:37, ?vj f11 /1 J?, ormer , ? pJ ' ` B ? c r I , l.Nal rcv -t ----- U? ? frc oM Ncuae IP:vcr- MWL -- Ne4r D/'i GN7? L r!/s L ? G For : /`?f r•. C ? ? ? ?/ /° D, 60x ZO¢7 It ???I50N, /y. C, 2789 o 4V. 12, IWZ- w>cQle 0= 4e .. UlJ[5Uuv UL751-J c ti N.AN, _ 1 S G ?s Div so- 7 C` P 00.000' 0 G F ti i Z N 3L2? voo ,e. A ?J t 1 i ? 1 X I prnr-? I ,K DEPARTMENT OF THE ARMY i5 fN,, WI LMINGTON DISTRICT, CORPS OF ENGINEER PO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 22, 1992 yl)EjLADSGk0up u#rrco n111 ITY SECi1Qfa Regulatory Branch Action ID. 199300779 Mr. Cyrus F. Lee Post Office Box 2047 Wilson, North Carolina 27893 Dear Mr. Lee: 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 December 11, 1992, for Department of the Army authorization to maintain a basin, construct and backfill bulkheads, and construct docks and jetties on the Neuse River, Wiggins Point, near oriental, 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 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. 199300779 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 Enclosure -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 0/r. 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 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 r .46.t... q z764 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890_,,,,., IN REPLY REFER TO Regulatory Branch Action ID. 199300779 D Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: 2Im 0 Enclosed is the application of Mr. Cyrus F. Lee for Department of the Army authorization and a State Water Quality Certification to maintain a basin, construct and backfill bulkheads, and construct docks and jetties on the Neuse River, Wiggins Point, near Oriental, Pamlico 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 26, 1993; the District Engineer will deem that waiver has occurred. 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 ....,..t -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. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 ,? V7 Please type or print. Carefully describe all an. 9 d. DL the planned toe of the Projec t- ticipa[ed development activities, including construe- Pleasure boatin b the owner tion, excavation, filling, paving land clearing and o Ots 1 & 2 stormwa er 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 --._...?? _.....::::._ '. a. Name Cyrus F. Lee Address rU box LU4 / City Filson State NC Zip 27893 Day phone 249-0827 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. :4 LAND'AND WATER --- CHARACTERISTICS ""?-?`c-i•, a. Size of entire tract 48.87 acres b. Size of individual lot(s) acres c. Elevation of tract above mean in level or a- tional Geodetic Vertical Datum +6.1 +/ - d. Soil type(s) and texture(s) of tract Yonges - Altavista - Fork e. Vegetation on tract Pine & Hardwood Marsh grass as shown f. Man-made features now on tract Boat basin, street g. What is the CAMA Land Use Plan Clamifica- tion of the site? (Consult the local land use per.) Conservation Transitional Developed Community 2 LOCATION OF PROPOSED X Rural w /services Other PROJECT h. How is the tract soned by local government? none a. S? eet address or secondary road number ots C-2 Wiggins point b. City, town, community, or landmark near Oriental c. County Pamlico d. Is proposed work within city limits or planning . jurisdiction? No e. Name of body of water nearest project Neuse River 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). Breakwater, Dredr'nP_ Bulkhead, Dock, Boardwalk if you plan to build a marina, also complete and attach Form DCM-MP-2. b. 13 the proposed activity maintenance of an ex- isting project, new work, or both? Both _ C. Will the project be for community, private, or commercial use.' rrivatc -i.: `How are adjacent water: Classified? RA - TI-qw j. Has a professional archaeological survey been carried out for the BacL? ? u4known If so, by whom? 5 UPLAND DEVELO N/A ° Complete this section if the project includes any upland development a. Type and number of buildings, facllities, or &MMMMa proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Silt of tea to be graded or disturbed 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 Resourcesl f. Give the percentage of the tract within 75 feet of mean high water to permeable sur6ces, r buildinp, of toaEtapa. NAY 2 31992 L g. Fist the materials. ,such as marl, paver store, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? ' i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities reuived state or Local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for exampletsurface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable flood 6 EXCAVATION AND FILL 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) 90' 16' 4.5 Boat basin Other (break- water, pier, 2-85' boat tamp, rock jetty) Fill placed in wetland or below 0 MHW Upland fill 80 100 areas b. Amount of material to be excavated from +-L- c. water level in cubic yards c. Type of material sand - d. Does the area to be excavated include marsh- land, swamps, or other wedar d l No e. High ground excavation, in cubic yards Q f. Dimensions of spoil disposal area BOx10", S. Location of spoil disposal area 1 o t 2 & i h. Do you claim title to the disposal areal as_ If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? /-YP G If 30, where north of Lot_ 1 & 2 j. Does the disposal area include any marshland, swampland,'or water areas? no k. Will the fill material be placed below mean high water? no 1. Amount of fill in cubic yards 300 cy +/- m. Type of fill material sandy n. Source of fill material channel o. Will fill material be placed on marsh or other wetlands? no Dimensions of the wetland to be filled _ n_.= p* q. How will excavated or fill material be kept on site and erosion controlled? silt fence r. What type of construction equipment will be used (for example, draghne, backhoe, or hydraulic dredge)? dra line - s. Will wetlands be crossed in transporting equip- ment to the project site? no If yes, explain the step that will be taken to lessen en- vironmental impacts. 7 SHORELINE STABILIZATION. a. b. C. d. C. f. Length of bulkhead or riprap i 3 5 ' Average distance watetward of mean high water or normal water level 3 ' Shoreline erosion during preceding 12 months, in feet annrox 3' Type of bulkhead material P . T . wood Amount of fill, in cubic yards, to be placed below mean high water 400 cy +/- Type of fill mat 2 ?a. TADDTTIONALt. FORMATION 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 % x 11 white paper. (Refer to Coastal Resources Commission Rule 73.0203 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 reams- of the adjacent waterfront (riparian) 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 Elisha H. Bunting 700 Sampson Street Raleigh, NC 27609 Name Perr Griffin Foundation Addrm Edward Lupton P.O. Box 53 j;I;j X Oriental, NC 28571 Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers permittee, and issuing data. A check for $100 made payable to the. Depart- ment of Natural Resources and CommunitY Development to covet 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 P 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 bons and mcnctions 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 tnanner,4QMistent 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 ' the day a A1111 19 T F x Landowner or A 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. ?r , o 1;5';2 y 1 1JLuU Ul.?t? 3 " N Cyrus L c c ' /'brsh ?,MS c ???? 4 w:? ?o?E xc 10 .-.: -. • . 'Pre /aciss? Ex;sf;iv.7 ??^'9S i .E is ,N CoMCrr-?c. ? T 6C r,=1-7ovc? X t -? 6o R?b? '- ' 2 _ Sow/ /f Q.*7P •O ? 11 boo 1 1 I • P.o?Yd .Bu/?fic? rrrd ? ' L o ? ?'- z Lo f ? S ` C ,v5 Lee G rv.? Lcc EL,?f,?,?vvf iv y \ 9 r m W4. WIL I f3-o?id Bu/kf?evd A . . ? I I ? Ex?3f?N9f%?i?s v?for/?er ??? i ? c B G r I _ ? Y?V7 rCq, , ? - U??frco?-1 Ncvae /?:vcr MWL - Neor Or; e?v1?L fnr??iSC?,B?c?.?wc?fer? .Dr??,iv9, ?/?f/eods, ?4??s, ,Bawra/i?valK For : /7r, C rv3 L c G . 1 /o• D. box 2047 W,%SaN, /y. C. 2 IBIS 1 1 Nei 2 5 1992 v. /Z, /WZ plc / "= 40' 11 ,Q, : 4 Ut]?til.tiv UL?IJ" A M ? 's C .. • r ti M0.0.0' R Z 1 ? ? y o e G ti J 71 ivss= -t- I? I? NQV 2 3 1992 ,il DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 22, 1992 Regulatory Branch Action ID. 199300779 Mr. Cyrus F. Lee Post Office Box 2047 Wilson, North Carolina 27893 Dear Mr. Lee: 7 1993 -q J Reference your application for Department of the Army (DA) authorization to maintain a basin, construct and backfill bulkheads, and construct docks and jetties on the Neuse River, Wiggins Point, near Oriental, Pamlico County, North Carolina. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. C. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate ., and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by January 22, 1993. Also, a 'tt Y rt t? -2- 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. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. 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 Morehead City, North Carolina 28557 /Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 ;, ON DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Fri IN REPLY REFER TO January 22, 1993 Regulatory Branch Action ID. 199300779 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:- ?ji; ' JAN 2 61993 Reference the application of Mr. Cyrus F. Lee for a Department of the Army permit to maintain a basin, construct and backfill bulkheads, and construct docks and jetties on the Neuse River, Wiggins Point, near oriental, 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. The bulkhead will not be positioned farther waterward than 5 feet from the normal water elevation contour at any point along its alignment within the basin or more than 2 feet from the normal water elevation contour at any point along its alignment on the Neuse River. c. All backfill materials will be obtained from a high ground source and confined landward of the permitted bulkhead. d. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. All excavated materials will be confined landward of the normal water elevation contour and any irregularly flooded vegetated wetlands. f. No vegetated wetlands will be excavated or filled. -2- g. The access channel will be excavated no deeper than receiving waters to allow adequate flushing. h. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. i. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. j. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. k. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 1. 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 25 NTU's or less will not be considered significant. 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 -3- 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