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HomeMy WebLinkAbout19930885 Ver 1_COMPLETE FILE_19930510State of North Carolina Department of Environment, AT0 Health and Natural Resources Division of Environmental Management Am 1,*A James B. Hunt, Jr., Governor E H N Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 7, 1993 Little Creek Investments, Inc. ATTN: Herber Rose Route 2, Box 2500 Belhaven, N.C. 27810 Dear: Mr. Rose: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed bulkhead and rockjetty Project # 93885, COE # 199400121 Beaufort County Attached hereto is a copy of Certification No. 2859 issued to Little Creek Investments, Inc. dated 7 December, 1993. If we can be of further assistance, do not hesitate to contact us. Sincerely, A. eston Howard, r. P.E. Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office John Parker, Division of Coastal Management Central Files Hood Richardson P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper a -.* l , NORTH CAROLINA Beaufort County CERTIFICATION THIS CERTIFICATION is issued in conformity with the.requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Little Creek Investments in Beaufort County pursuant to an application filed on the 6th day of October, 1993 to construct a bulkhead and rockjetty along the shoreline of Windmill Point Subdivision. The Application provides adequate assurance that the discharge of fill material into the waters of Pungo Creek in conjunction with the proposed development in Beaufort County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. that the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal or Coastal Area Management Act Permit- If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. This the 7th day of December, 1993 DIVISION OF ENVIRONMENTAL MANAGEMENT es ward, r. P.E. Aolo WQC# 2859 State of North '.Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director 6 October 1993 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review ;: -CLIVEJ WASHINGTON OFFICE o 6 1993 D. E 1. Applicant: Little Creek Investments, Inc. Project Location: On SR 1721 at Windmill Point Estates adjacent Pungo Creek and the Pungo River in Beaufort County, North Carolina Proposed Project: To stabilize the shoreline of Windmill Point Subdivision and to develop a common access lot for subdivision reside ts. ? `uj2'-' BIZ?jG Ze 1rY " co w>a^d ` a 7J?f i Please indicate below our--.ag cy's position or viewpoint on the proposed project and return . this form by 27 Octobe_r_1993 If you have any questions regarding the proposed project, please 7 contact David Gossett at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY V 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 rei sons described in the attached comments. r, Signed Date .rte ?EHNR 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper (919) 975-3472 HOOD RICHARDSON, PA Engineers Surveyors - Geologists 208 North Market Street Washington, North Carolina 27889 December 2, 1993 Mr.. Andreas Mager, Jr. U.S.-Department of Commerce National Oceanic and Atmospheric Administration Southeast Regional Office 9450 Koger Boulevard St. Petersburg, FL 33702 RE TV-11111ar.,11-1 Point Beaufort County, North Carolina Public Notice 1994.00121 Dear Mr. Mager: Mr. Heber Rose, President of Little Creek Investments, Inc. has requested that I respond to your letter dated November 8, 1993 alleging inconsistencies in the Section 404 (b)(1) guidelines in this proposed project. The bulkheading.of Windmill Point is required only because of the severe battering given to both the Pungo River and Pungo Creek shorelines by the March 1993 storm. This storm caused a very high rate of erosion in these fine, highly erodable shoreline soils. More than 30 feet of shore was eroded away as is evidenced by downedtrees and stumps in the water. Prompt recovery of recently "lost shore is acceptable under the guidelines. The bulkhead, proposed in your letter that would be located 5 feet from the normal water line, is not practical along Pungo Creek because the local shoreline shape will then cause converging of wind driven waves which will focus energy into the center requiring a substantial structure that could remain in place during even moderate wind events. The statement in your letter that the bulkhead will be "from 11 to 30 feet beyond the normar water line" requires some clarification. The proposed bulkhead will come tangent to and touch the recent highly eroded (during the March 1993 storm) normal water line at several locations. Any interpretation concerning how close the proposed bulkhead will come to the normal water mark as shown on the map accompanying the application should consider the combination of the line weight j?.c sms- Mr. Andreas Mager, Jr. December 2, 1993 Page 2 and necessity to leave an air gap at the points of tangency of the normal water mark and bulkhead in order to provide the map user with sufficient clarity to understand the details of the proposal. .We believe the groins provide protection for the existing 404 and CAMA Wetlands, provide protected water for fish frye and other marine creatures as well as bulkhead protection. The combination of fine equal-angular sand and silt sediment, and constant wind driven wave action with minor lunar tide keep the bottom in constant motion rendering that part of the shore that is not in vegetated CAMA or 404 Wetlands of little value to marine life. We feel the number and locations of groins should be kept as is, however the length of the longest groins could be reduced to 60 feet. The proposed work in the Rose Gut area is best described as the continued maintenance of a long used boat landing area. The concrete boat ramp has been present for more than 35 years as well as the excavated boat house. Rose Gut and the channel feeding it from the southwest have received considerable channeling by man made excavation in the past 100 years. The channel feeding Rose Gut drains several hundred acres of present and former farm land and presently is a man made channel. The present need for cleaning the existing channel has been caused by changes in farm drainage patterns that have reduced the flow through the Gut. The boat house and concrete boat ramp were not constructed by individuals who relied on the present two feet of water to launch boats in an area that within a few hours the water level can drop more than one foot due to the wind tide. Local residents are certain of the man-made nature and maintenance activities in what is now Rose Gut and the canal feeding it. The applicant is conscious of the need not to destroy fishery habitat. We also believe that the groins mitigate naturally unfavorable to marine life shore line conditions. The applicant is only requesting to continue the maintenance of Rose Gut in the manner that it has been historically maintained for the purpose of launching boats and drainage. The location of the proposed pier does not harm the propagation of marine life and conforms to current CAMA and Corps guidelines and should be permitted at the proposed location. Moving the proposed pier location would seriously encumber the use of one lot without producing measurable environmental benefits. Mr. Andreas Mager, Jr. December 2, 1993 Page 3 Please reconsider your position on this application in light of the new information provided in this letter. We await your reply. Sin Zrl, c Hood L. Richardson Distribution list attached. 068T-ZMZ ON 'uo,.buiuiZiM 068T Xog '0'd sxaauibuS go sdxoO 'Amav aq4 go •4dea gouvxg Axo4PTnb9u jaigO '4gbTaM auAPM •xW 881Z-688LZ ON 'u04bu'rgsaM 88TZ Xog 'O'd '4uau;95PUPW Ta'4sPoO JO •AiQ •O-N 93TJ30 Tauoibau uogbuTgsaM axooW Axxay •aW 99£0£ KO 'P4UPT4V 3N '49924S PuPT4.xnoO SVE 4Tun Aa04vTnb9u spuvT-40M AI uozbau AouabV uoi40940xd Tt4u9tuu02iAUS •S'n jaigO 'uxogTaM sRmogy •xW 9T58Z ON 'gxojnpag PuPTsI sxaATd UOTSTATQ U0T4PAx9su0O 4v4Tq?H aoiAxaS 99ix9gsi3 aUTaVW TVUOT.4vN APaPH AaavU -xW 9ZL£-9£9LZ ON 'gbT9TPg 9ZL££ Xog 'O'cd -4uauta0uaguS 99TTPTTM PUP 14sT3 aoiAxaS 93TTPTTM Pus gsT3 'S'n 44ule9 (axTW) 'x 'Z 'sW 9ZL£-9£9LZ ON 'gbtaT-eu S£56Z Xog 'O'd saoxnosau Tvxn-4'eN PUP g-4T'eaH ' 4uauiuOaTAUH go • gavdaQ • O • N 4u9ui9bausW Ta4u9uiU0xiAUg Jo •AiQ uo rqoaS A4TTvno xaq. bj Aauxoa ugor •xw L89L-TT9LZ `Pu-rToxleO g4x0N 'gb'raTpu L89LZ Xog 90TgJ0 4sod saoxnosau Tpxn-4pN PUP 14'4TsaH '4u8utu0xT4u2 go 4uautgxpdaa LUTT02RD g4a.ON 4u9ui95vuPW Tv4svoO 3o uoTSTATU 2exapd ugor 'xW :SaTdoo Mr. Norm Sanders Depart. of the Army, Corps of Engineers P.O. Box 1000 Washington, NC 27889 Mr. Heber Rose Little Creek Investments Route 2; Box 2500 Belhaven, NC 27810 UNITED STATES DEPARTMENT OF COMMERCE rte. J National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE .? •+TATyy O? Southeast Regional Office 9450 Koger Boulevard St. Petersburg, FL 33702 November 8, 1993 l99¢co/Zl R? Colonel George L. Caj igal District Engineer, Wilmington District ;`dill/ liy3 Department of the Army, Corps of Engineers P. O. Box 1890 A \•'1 Wilmington, North Carolina 28402-1890 REuuL7?"'? _??: H Attention Norm Sanders Dear Colonel Cajigal: The National Marine Fisheries Service has reviewed Public Notice 199400121 dated October 12, 1993, whereby Little Creek Investments, Incorporated proposes to excavate and fill wetlands adjacent to Pungo Creek, Beaufort County, North Carolina. The purpose of the proposed work is to stabilize the eroding shoreline and develop a common access for the subdivision residents. The project consists of construction of 2,996 linear feet of bulkheading along the property's shoreline. The bulkhead will be aligned from 11 to 30 feet beyond the normal water line. Also proposed are 13 rock groins ranging in length from 140- to 40-feet- long with an average width of approximately 6.5 feet. pier and a boat ramp will be constructed, an old boat basin willlbe filled, and a 140-foot-long by 25-foot-wide by 3.5-foot-deep access channel is proposed in Rose Gut. All excavated material would be disposed of on uplands. Based on the enclosed report and our knowledge of the proect area, are concerned that portions of this project will be detr mental to fishery resources for which we are responsible. We do object to the proposed communit not dredging and filling of shallow water, -wills adversely proposed act estuarine dependent and anadromous fishery resources that utilize the project area as habitat. This work will result in the fillip of 0.93 acre and excavation of 0.08 acre of shallow benthic habitat in Pungo Creek and Rose Gut. These shallow areas provide seconda nursery areas and critical habitat for a variety of commercially and recreationally important species including Atlantic croaker (Micronoctonias undulatus crab (Callinectes _sapidus) brown shrimp (Penus azte blue tat us). and summer flounder (Paralichthvs 1Noble, E.B. and F.J. Monroe. 1991. Classification Sound nursery areas: Recommendations for Critical HabitatoCriteria. APES Project Number 89-09, pp 81. Is I I %1d) .i r. i. In our opinion, inadequate consideration given to alternative project plans that would minimize adverse fishery resources. For example, the pro posed bulkhead could be realigned within five feet of the exi g.ro o . shorelrine,impacts thereby, stin on reducing the amount of shallow water habitat filled, Furthermore, proposed community boat ramp to the mouth ofrelocating the Rose Gut would eliminate the need for dredging. Also we need for the proposed construction of 13 question the would alter' groins since this activity approximately 0.17 acre of benthic habitat. As proposed, we believe that this work is inconsisten Section 404(b) (1) Guidelines since wetland losses t with the avoided and minimized to the maximum extent practical. Therefore, recommend that federal authorization of this wo, as have not been proposed, not be granted. We would reconsider ourrpositione if presently t the e following revisions were incorporated into the 1• The bulkhead shall be realigned no further project that plans: ans: feet waterward of the normal waterline throughout its len th. g 2. The Gut, thereby, boat. ramp shall be relocated to the mo Y, eliminating the need for dred .in uth of Rose 3• Justification for the proose g g in Rose Gut. resource agency review and any unnecessar s should be submitted for from the project plans. Y groins should be deleted be ofpr further date athe ssistance portunity to provide these comment please advise. s• If we can Sincer 1-7 neas Mage Jr. Assistant Regional Director Habitat Conservation Division Enclosure CC: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SEO2 R To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA/COE PERMIT APPLICATION REVIEW WARO PROJECT # 13 -a To - C' WQ SUPERVISOR: TH -2-11-3 REVIEWER: SAWYER DATE: ll t- WE'1LAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: COUNTY: PROJECT NAME: -?--'B Cam` oP,? - ,-ere- PROJECT TYPE:' - ---- PERMIT TYPE: 4k4/C0E Q COE #: DOT #: // al6/ RCD FROM CDA: DATE FRO i 43 M CDA: REG OFFICE: aRO RIVER AND SUB BASIN #:I STREAM OR ADJACENT WATER BODY: etw CLASS: S JA) STREAM INDEX #: 2 g- 3 ?- 3 S • OPEN 0 # :-. WL IMPA WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: G SHEET ATTACHED? RECOMMENDATION: ?? ISSUE/COND DENY HOLD STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: a rl? WATER QUALITY CERT. (401) CERT. REQ'D: IF YES, TYPE: craD? D'ti C? SEWAGE DISPOSAL TYPE OF DISPOSAL (EXISTING, PROPOSED, *TfkANI TC.) TO BE PERMITTED BY: (DEM, DHS 0 A IF BY DEM, IS SITE AVAI LE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: Lf/ C)--f6 WETLAND: - O- IS FILL ELIMINATING A SIGNIFICANT USE? A) DREDGING -Z AREA TO BE DREDGED: 9"5-60 IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? /? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? / MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? A SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WARD; Central Files; DCM Field Offices; ODE Washington office R DIVISION OF ENYIRONMENTAL MANAGEMENT MEMORANDUM • TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews for Stormwater Review Project: ?.?o Project No.: 3 Date Received:- 16 F'na? Date Comment: Description of Project: / SE&L A ed Comments: I :Lu DIVISION OF COASTAL MANAGEMENTVVti_.;"'yi'UN OFFICE FIELD INVESTIGATION REPORT u u 1 0 6 1993 1. APPLICANT'S NAME: Little Creek Investments, Inc. D. E4 19 2. LOCATION OF PROJECT SITE: Beaufort County, Windmill Point Estates, SR 1721, Pungo Creek, Pungo River Photo Index - 1989: 296-1, 0-11 1984: 79-963, 0-4 State Plane Coordinates - X: 2,697,000 Y: 649,400 Pantego LR 3. INVESTIGATION TYPE: CAMA - Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 24 August 1993 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 24 September 1993 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: Estuarine Waters, Public Trust Areas (C) Water Dependent: Pier & Groins - Yes Bulkhead - No (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - None Planned - Septic Tanks (F) Type of Structures: Existing - 2-single family dwellings, bulkhead and groin on Lot 13, Planned - (G) Estimated Annual Rate of Erosion: Source - DCM staff observation 7. HABITAT DESCRIPTION: bulkhead on Lot 4 Single Family Dwellings f5'Average [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A (B) Non-Vegetated Wetlands (C) Other Shallow Water Bottom ±3,500 sq. ft. ±41,046 sq. ft. Highground ±3,250 sq. ft. 8. (D) Total Area Disturbed: 47,796 sq. ft. (1.10 acres) (E) Primary Nursery Area: No (F) Water Classification: SC-NSW Open: No PROJECT SUMMARY: The applicant is proposing to stabilize the shoreline of Windmill Point Subdivision and to develop a common access lot for subdivision residents. . LITTLE CREEK INVESTMENTS, INC. Windmill Point Subdivision Beaufort County Environmental setting The applicant owns a 99.96 acre tract of land at the end of SR 1721 adjacent to Pungo Creek and the Pungo River in Beaufort County. Several years ago a portion of the property, which at that time was being utilized as agricultural row crops, was subdivided into 23 lots (Phase I) for single family dwellings. At the present time, six of the lots have been sold, however, only two have been built upon. A 60' wide asphalt road which connects to SR 1721 has been placed within the subdivision. As the lots are sold, sewage will be treated by individual septic tanks. Also, each lot will have an individual well for potable water supply. The individual lots that have been subdivided vary in size from 0.75 to 1.5 acres. The majority of the lots are vegetated with various upland grasses, however, several of the lots which are located along the Pungo River and Little Creek have fringes of coastal wetlands (marsh) which is dominated by SSpartina cynosuroides. Erosion is occurring on several of the lots with the severest being on the lots located along Pungo Creek. This is evident by a defined erosion scarp. Along several of the lots on the Pungo River, numerous pottery shards are located within the erosion scarp. Archeological Site Bf-43 is located in the vicinity of the project. The portion of the property which has not been subdivided is vegetated with various habitat ranging from coastal wetlands, to wooded highground. These portions of the property riay be subdivided into additional phases of the project at a later date. Project proposal The applicant is proposing the following: 1) The construction of 2,996' of bulkhead which will average 11' beyond the normal water line and will be 30' beyond the normal water line at the furthest point. The bulkhead will extend from Lot No. 5 to Lot No. 23 plus the common area on Rose Gut and Little Creek (see attached plat) when completed the bulkhead will be backfilled with material from an upland source. 2) The construction of 13 rock groins. There will be 5 groins at 130' long each, 2 groins at 80' long each, 1 groin at 100' long and 5 groins at 40' long each. All of the groins will have a minimum base width of 5' at the landward end and a minimum base width of 8' at the waterward end. See attached plat for exact location for each groin. 3) The construction of a 260' long by 5' wide pier on the subdivisions common area lot. There will be a 10' by 16' T-section at the waterward end of the pier. The pier will extend into Little Creek. y LITTLE CREEK INVESTMENTS, INC. Windmill Point Subdivision Beaufort County Page 2 4) The repair of the existing concrete boat ramp by extending it 8' further into Rose Gut. 5) The filling of an old boat basin which is connected to Rose Gut. The basin is 30' long by 20' wide. At one time the basin was covered by a deteriorated boat house. 6) The excavation of an area 140' long by 25' in width to a -3.5' at normal water within Rose Gut. The excavation is intended to provide better access to the boat ramp. All excavated materials are to be placed on adjacent highground. Environmental impacts The following environmental impacts will occur as the project is proposed: 1) ±32,956 sq. ft. of shallow water bottom area will be filled landward of the proposed bulkhead. 2) ±7,490 sq. ft. of shallow water bottom area will be filled due to the groin construction. 3) ±600 sq. ft. of shallow water bottom area will be filled within the boat basin. 4) ±3,500 sq. ft. of shallow water bottom area will be excavated in Rose Gut. 5) Some short term turbidity will result during bulkhead and pier construction. 6) No wetland vegetation will be excavated and/or filled. David L. Gossett - Washington Regional Office - 5 October 1993 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 ATT: Heber Rose, President a. Name_ Little Creek TnyeR mentR., Tnn. Address Route 2, Box 2 5 0 0 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? Both C. Will the project be for community, private, or commercial use? Private City Belhaven State N . r. d. Describe the planned use of the project. Bulkheadincr necessary because of Zip_27810 Dayphone 919-943-2234 heavy erosion during-March, -199_ X Landowner or Authorized agent storm. Residential subdivision b. Project name (if any) Windmill Poi n Estates c. If the applicant is not the landowner, also give the owner's name and address. Contact: Hood Richardson 208 N. Market Street Washington, NC 27889 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number At end of SR 1721 b. City, town, community, or landmark Bath Township on Pungo Riy r c. County Beaufort d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Confluence of Pu go River and Pungo Creek. 3 DESCRIPTION AND PLANNED USE 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract _9 9.9 6 b. Size of individual lot(s)_D,1_5__ ,to i . 5 a rA lots, c. Elevation of tract above mean sea level or National Geodetic Vertical Datum Average 5 feet. d. Soil type(s) and texture(s) of tract Sandy loam e. Vegetation ontract -Cleaned (formerly farm land) grass, fringe wetland species. f. Man-made features now on tract roads g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Limited Transition Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? None OF PROPOSED PROJECT i. How are adjacent waters classified? little Creek 9C-NSW, Pungo rrnc-lc gc-NE Pungo River S NSSW Has a professional arclacological survey been carried out for the tract? No If so, by whom? a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Subdivision, bulkhead D clean channels 1Z/RO/;Y,5r _ I/ t U/4U 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. None Proposed a. Type and, number of buildings, facilities or m. Water su 1 suurce , J PP Y -?? ?••? ??L O w ?C? s 23 s F 7 , ?.?st/ y ? ig n,, =res Vs lv,? Z v d.,Re vc If the project is oceanfront development, describe b.' Number of lots or parcels the steps that will be taken to maintain established public ,, accessways or provide new access & 7A . ?/ c. Density (Give the ?pumber of rsid nti 1 units and the e , / L units per acre.)_ G% q y'?Et d. Size of area to be graded or disturbed _+ 3 o? Sys. _ f o. If the project is on the oceanfront, what will be the elevation faov mean sea level of the first habitable e. If the proposed project will disturb 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 EXCAVATION AND FILL control plan been submitted to a Division ofLpd At INFORMATION o Resources? .P- e- 7v -Jc di _ 7 - 4c - 4 - c e . a. f. Give the percentage of the tract within 75 feet of Describe below the u p rpose of proposed excavation mean high water to be covered by impermeable or fill activities (excluding bulkheads, which are surfaces such buildings, rooftops. covered in Section 7). Length Width n h g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, o be used for paved surfaces. (MLW) or (NWL) ?C ,A. h. If applicable, has a stormwater management plan ?ttsesl 5 ea been submitted tqj a Division of Enviro?ntal %z= •rK 2 ea ?'`t AV -, Lc 2. Management. lM1Ki1", 1 ea i. Describe proposed sewage disposal and/or waste rock jetty)c 5 ea water treatme t faci ities. Fill placed in u ?e S? 4e Tt l«` wetland or below MHW j. Have these facilities received state or local approval? ?CQS, k. Describe existing treatment facil' ies. down")._ I fr r.91 Upland fill 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industriftlcommercial effluent, "wash areas, Lot 23 from ac ess b. Amount?lo ma enal to be excavated from below water level in cubic yards _300 Access Channel 25 x 140 x 2 27::z:- 325 cubic yards c. Type of material 417Z ,S?l7F'• d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards b ept 140 ft 25 ft 3.5 ft ;z 2 14 Xl"o If/ , r 130 ft 3-5 ft 2-3 ft 80 ft 3-5 ft 2-3 ft 100 ft 3-5 ft 2-3 ft 40 ft 3-5 ft 2-3 ft Bv?K l.? l a? 130 ft 70 ft 2 9/89 f. Dimensions of spoil disposal area , c. Shoreline erosion during preceding 12 months, in w ,? 6 S feet 5 to 20 feet. g. Location of spoil disposal area In upland area d. Type of bulkhead material wood ad acent to excavation. h. Do-you claim title to the disposal area? Ye s If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Yes If so, where? Common area. j. Does the disposal area include any marshland, swamps, or water areas? No k. Will the fill material be placed below mean high water? No 1. Amount of fill in cubic yards 350 llIG1l rwV..tb . m. Type of fill material Silty sand n. Source of fill material From the gut. 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 fences. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Drag i n , bul 1 dozE?r- s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION e. Amount of fill, in cubic yards, to be placed below meanhighwater Bulkheads 1000 cubic yards Total Fill 3700 cubic yards, 24.0 tons f. Type of fill material rAo r•/r ± z +fJ ev. yd_ J,C1rA n i to , Clayey sand, granite 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of a. Length of bulkhead orriprap Bulkhead 2996 ft that opportunity. Jetty 1070 ft ( 13 T°rAe.? b. Average distance waterward of mean high water or normal water level 11 feet (Based on greatest waterward distance on each lot) Bulkhead is required because of the high erosion during the March, 1993 storm. 9/R9 Name Joseph Heber Rose Address P.O.- Box 533 1elhaven NC ?7R10 - Name James Mac Dail Address 291 Doooa Drive Danville VA 24541 - Name Phillip Woolard Address 3128 Rebecca Drive rhesapeake VA 71199 SEE BELOW A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Bulkhead and Pier Permits for - A check for $100 made payable to the Department of Health, Environment & Natural Resources to cover the costs of processing the application. 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). R & S 66 Service, Inc. 412 W. Main St. Belhaven, NC 27810 Henry Norfleet Rt. 2, Box 2490 Belhaven, NC 27810 Jennie B. Snell William E. Snell Tina Lou Snell 208 Edward Street Belhaven, NC 27810 9 CERTIFICATION AND PERMISSIOt TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. t The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. t ?' ,? v v' r ,'.? This is the -?-- day of 19 X Land err Au onze agent C<paTH CpS r ft e C w?J ? j''d e 9/89 Pcaufort Cou:dy Xealth Department fast (9ffire fox s79 Washington. North; CmAim 27869 Phone 946-1902 July 17, 1989 Little Creek Investments, Inc. Route 2, Box 114 Pantego, NC 27860 Dear Sirs: This letter is in response to several inspections made by this department at the Windmill Pt., near Norfleet Shores, on the Pungo River. The purpose of these inspections were to determine suitability for approximately 39 lots to be included in the Windmill Pt. Subdivision. Soil borings and inspections were made in several areas on this property, and determinations regarding texture and application rates were considered. Topographical determinations were not easily recognized, however, because of the thick underbrush on certain areas and the agricultural crops that were growing in the fields. A topo map may be required later, if needed, to establish suitability in certain areas. This project is varied with regard to suitability of individual lots. Several lots were found to be suitable with minor modifi- cations, such as cutting surface swell ditches down the property lines and "turtle-backing" or crowning the lots. Other lots, however, may require some filling or pumping of the sewage effluent to a more suitable area for waste disposal. Cleaning, out existing drainage ditches will certainly help this project also as there are some areas that will be improved with this needed drainage. This project is headed in the right direction by addressing the fact that there are certainly individual lots that are self- supporting with regards to sewage disposal, and that there are enough suitable land areas that will support other lots, if needed, by the availability of pumping the effluent. Final determinations are established on an individual lot basis as improvement permits are applied for. Through the efforts of Mr. Duke Woodlief, Registered Survever, for this project, this office has been kept informed of variences in elevation and has made working with such a large land scale project easier than usual. Through the working relationship with Mr. Woodlief's office and the department in acquiring the most potential use of this project, the number of lots requested should be realized with the modifications aforementioned. ,of Little Creek Investments, Inc. July 17, 1989 Page 2 If this office can be of further assistance on this project please do not hesitate to call on us. Sincerely, Neil Woolard,.R.S. Sanitarian cc: Duke Woodlief NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health, and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that Little Creek Investments, Inc. filed an application on 24 September 1993 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, Little Creek Investments, Inc. proposes to stabilize the shoreline at Windmill Point Subdivision and to develop a common access lot for subdivision residents. The site is located at the end of SR 1721 adjacent to Pungo Creek and the Pungo River in Beaufort County, North Carolina. A copy of the entire application and additional information maybe examined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management, 1424 Carolina Avenue, Washington, North Carolina, and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington, North Carolina. The Division of Environ an t proposes to take final action on this water quality certification on or befo e 10 December 1993. The issuance of the CAMA Major Development permit and the Section 4 e i ica i may deviate from this prcjectec:. date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Mr. Roger Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611, prior to 30 November 1993 for consideration in the CAMA permit decision, and to Mr. John Dorney, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to 25 November 1993 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 10 November 1993 in Washington Daily News State of North Carolina Department of Environment, Health and Natural Resources AT,. • Division of Coastal Management AWi James B. Hunt, Jr., Governor Jonathan B. Howes, , Secretary p E H N F=1 Roger N. Schecter, Director 5 November 1993 WASHINGTON DAILY NFV S Post Office Box 1788 Washington, North Carolina 27889 Attention: Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 10 November 1993 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 946- 6481. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Dedra Blackwell, Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611-7687. Thank you. Sincerely, Portia Peaden cc: Dedra Blackwell Jo arker ohn Dorney 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper i a ., Al f 4 tj i NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health, and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that Little Creek Investments, Inc. filed an application on 24 September 1993 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, Little Creek Investments, Inc. proposes to stabilize the shoreline at Windmill Point Subdivision and to develop a common access lot for subdivision residents. The site is located at the end of SR 1721 adjacent to Pungo Creek and the Pungo River in Beaufort County, North Carolina. A copy of the entire application and additional information maybe examined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management, 1424 Carolina Avenue, Washington, North Carolina, and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington, North Carolina. The Division of Environmental Management proposes to take final action on this water quality certification on or before 10 December 1993. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this prcjecte% date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Mr. Roger Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611, prior to 30 November 1993 for consideration in the CAMA permit decision, and to Mr. John Domey, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to 25 November 1993 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 10 November 1993 in Washington Daily News A DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Little Creek Investments, Inc. 2. LOCATION OF PROJECT SITE: Beaufort County, Windmill Point Estat 14721, Pungo Creek, Pungo River ^? n Photo Index - 1989: 296-1, 0-11 1984: 79-963, 0-4 IV OC State Plane Coordinates - X: 2,697,000 Y: 649,400 Panteg LR X619& ,3. INVESTIGATION TYPE: CAMA - Dredge & Fill UA ®s 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 24 August 1993 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 24 September 1993 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: Estuarine Waters, Public Trust Areas (C) Water Dependent: Pier & Groins - Yes Bulkhead - No (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - None . Planned - Septic Tanks (F) Type of Structures: Existing - 2-single family dwellings, bulkhead and groin on Lot 13, bulkhead on Lot 4 Planned - Single Family Dwellings (G) Estimated Annual Rate of Erosion: ±5'Average Source - DCM staff observation 7. HABITAT DESCRIPTION: [AREA] . DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A (B) Non-Vegetated Wetlands (C) Other Shallow Water Bottom ±3,500 sq. ft. ±41,046 sq. ft. Highground ±3,250 sq. ft. (D) Total Area Disturbed: 47,796 sq. ft. (1.10 acres) (E) Primary Nursery Area: No (F) Water Classification: SC-NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to stabilize the shoreline of Windmill Point Subdivision and to develop a common access lot for subdivision residents. 'e LITTLE CREEK INVESTMENTS, INC. Windmill Point Subdivision Beaufort County Environmental setting The applicant owns a 99.96 acre tract of land at the end of SR 1721 adjacent to Pungo Creek and the Pungo River in Beaufort County. Several years ago a portion of the property, which at that time was being utilized as agricultural row crops, was subdivided into 23 lots (Phase I) for single family dwellings. At the present time, six of the lots have been sold, however, only two have been built upon. A 60' wide asphalt road which connects to SR 1721 has been placed within the subdivision. As the lots are sold, sewage will be treated by individual septic tanks. Also, each lot will have an individual well for potable water supply. The individual lots that have been subdivided vary in size from 0.75 to 1.5 acres. The majority of the lots are vegetated with various upland grasses, however, several of the lots which are located along the Pungo River and Little Creek have fringes of coastal wetlands (marsh) which is dominated by Spartina cynosuroides. Erosion is occurring on several of the lots with the severest being on the lots located along Pungo Creek. This is evident by a defined erosion scarp. Along several of the lots on the Pungo River, numerous pottery shards are located within the erosion scarp. Archeological Site Bf-43 is located in the vicinity of the project. The portion of the property which has not been subdivided is vegetated with various habitat ranging from coastal wetlands, to wooded highground. These portions of the property may be subdivided into additional phases of the project at a later date. Project proposal The applicant is proposing the following: 1) The construction of 2,996' of bulkhead which will average 11' beyond the normal water line and will be 30' beyond the normal water line at the furthest point. The bulkhead will extend from Lot No. 5 to Lot No. 23 plus the common area on Rose Gut and Little Creek (see attached plat) when completed the bulkhead will be backfilled with material from an upland source. 2) The construction of 13 rock groins. There will be 5 groins at 130' long each, 2 groins at 80' long each, 1 groin at 100' long and 5 groins at 40' long each. All of the groins will have a minimum base width of 5' at the landward end and a minimum base width of 8' at the waterward end. See attached plat for exact location for each groin. 3) The construction of a 260' long by 5' wide pier on the subdivisions common area lot.. There will be a 10' by 16' T-section at the waterward end of the pier. The pier will extend into Little Creek. LITTLE CREEK INVESTMENTS, INC. Windmill Point Subdivision Beaufort County Page 2 4) The repair of the existing concrete boat ramp by extending it 8' further into Rose Gut. 5) The filling of an old boat basin which is connected to Rose Gut. The basin is 30' long by 20' wide. At one time the basin was covered by a deteriorated boat house. 6) The excavation of an area 140' long by 25' in width to a -3.5' at normal water within Rose Gut. The excavation is intended to provide better access to the boat ramp. All excavated materials are to be placed on adjacent highground. Environmental impacts The following environmental impacts will occur as the project is proposed: 1) ±32,956 sq. ft. of shallow water bottom area will be filled landward of the proposed bulkhead. 2) ±7,490 sq. ft. of shallow water bottom area will be filled due to the groin construction. 3) ±600 sq. ft. of shallow water bottom area will be filled within the boat basin. 4) ±3,500 sq. ft. of shallow water bottom area will be excavated in Rose Gut. 5) Some short term turbidity will result during bulkhead and pier construction. 6) No wetland vegetation will be excavated and/or filled. David L. Gossett - Washington Regional Office - 5 October 1993 LITTLE CREEK INVESTMENTS, INC. Windmill Point Subdivision Beaufort County Page 2 (12) Prior to any excavation in Rose Gut, the repair of the boat ramp and the filling of the boat basin, an onsite pre-construction meeting must be held between the applicant, contractor and a representative of the DCM. (13) The excavation in Rose Gut will not exceed -3.5 feet below the normal water level. (14) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (15) No excavated or fill material will be placed at anytime in any marsh or surrounding waters outside of the alignment of the fill area indicated on the work plat(s). (16) All excavated materials will be confined above normal water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. (17) No rock groins will extend more than 25' beyond or exceed 1 foot in elevation above the normal water level. (18) The rock groins will have a bottom width no greater than 5' at thu:landward end and no greater than 8' at the waterward end. (19) No groin will be located within 15' of any coastal wetland area. (20) The six (6) groins that are proposed on Lot No. 13 are not authorized, therefore, can not be constructed. David L. Gossett - Washington Regional Office - 5 October 1993 Plerse 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 ATT: Heber Rose, President a. Name Little Creek nvestmentc TnC. Address Route 2, Box 2500 City Belhaven State N, c - Zip 27810 Day phone X19-941- 14 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? Both C. Will the project be for community, private, or commercial use? Private d Describe the planned use of the project. Bulkheading necessary because of heavy erosion during March, 1993 storm. Residential subdivision, X Landowner or Authorized agent b. Project name (if any) Windmill Point F_q+ates c. If the applicant is not the landowner, also give the owner's name and address. Contact: Hood Richardson 208 N. Market Street Washington, NC 27889 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number At end of SR 1721 b. City, town, community, or landmark Bath Townshin on Piman c. County Beaufort d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Confluence of Pungo River and Pungo Creek. 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Subdivision, bulkhead. pier. clean channel„ _ RoiiiC 5- R 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 9 9 . 9 6 b. Size of individual lot(s) 0.75_ to 1.5 a re ots. c. Elevation of tract above mean sea level or National Geodetic Vertical Datum Average 5 feet- d. Soil type(s) and texture(s) of tract Sandy loam e. Vegetation on tract- Cleaned .(formerly farm land) grass, fringe wetland species. f. Man-made features now on tract roads g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Limited Transition Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? None i. How are adjacent waters classified? Little r k SC'-NSW, Pisan ('-r cfl-NS Pungo River SB-N W j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 9/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. None Proposed a. Type and number of buildings, facilities, or m. structures pro osed 23) -rl Water supply source If the project is oceanfront development, describe b. Number of lots or parcels 3 ?-?., .?? the steps that will be taken to maintain established pub bea accesswa s o id (/X < o"nc?, /V h y r prov e new access. / c. Density (Give the pumber of resid ntial units and the units per acre.)_ T«- d. Size of area to be graded or disturbed ± oYO f o. If the project is on the oceanfront, what will be the e If th elevation a sea level of the first habitable / . e proposed project will disturb 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 EXCAVATION AND FILL control plan been submitted to the Division of L d Resources?!Ao 2-XAec 71-7 hc6-? l INFORMATION C- A - le ` a. f. Give the percentage of the tract within 75 feet of Describe below the u p rpose 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). L-nath W'd h g. List the materials, such as marl, paver stone, asphalt, or concrete) o be used for paved surfaces. ,PV A. h. If applicable, has a stonnwater management plan been submitted tojt e Division of Enviro ntal Management? /V Li 2- i. Describe proposed sewage disposal and/or waste water treatmJ t faci itiess ? c. r ..r ? r f"I<1 Access channel (MLW) or (NWL) I?i'2 K 5 ea 2 ea ?1 ea rock jetty)c 5 ea Fill placed in wetland or below MHW b t Depth 140 ft 25 ft 3.5 ft 1,6 X40 - If/ 4 - If/ 7 7 130 ft 3-5 ft 2-3 ft 80 ft 3-5 ft 2-3 ft 100 ft 3-5 ft 2-3 ft 40 ft 3-5 ft 2-3 ft !?2 V O YA •Qs At A. d t?r?C 130 ft 70 ft j. Have these facilities received state or local approval? Upland fill ?Q S areas, Lot 23 from access k. Describe existing treatment facili ies. 3 1. Describe location and type'of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industri /commercial effluent, "wash down"). Jar. Q c.rz /? /Lc..,P b. Amount o ma enal to be excavated from below water level in cubic yards _ 300 A -Qe s s Channel 25 x 140 x 2 - 27 - 325 cubic yards c. Type of material _-Y;1,V0V S-,/Y--- f d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards NnnP 9/89 f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in Y?'r feet 5 to 20 feet. g. Location of spoil disposal area In upland area d. Type of bulkhead material Wood adjacent to excavation. h. Do you claim title to the disposal area? Yes If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Yes If so, where? Common area. j. Does the disposal area include any marshland, swamps, or water areas? No k. Will the fill material be placed below mean high water? No 1. Amount of fill in cubic yards 350 nu?wb . m. Type of fill material Silty sand n. Sourcc of fill material From the gut. o. Will fill material be placed on marsh or other e. Amount of fill, in cubic yards, to be placed below meanhighwater Bulkheads 1000 cubic yards Total Fill 3700 cubic yards, 24B tons f. Type of fill material z9itcr./r ± zVo w. YL4_-f,gra„ite . Clayey sand, granite 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. wetlands? No 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 I 1 white paper. (Refer to Coastal Resources None Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Please note that original drawings are preferred and Silt fences only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the r. What type of construction equipment will he used U.S. Army Corps of Engineers regarding that agency's (for example, dragline, backhoe, or hydraulic use of larger drawings.) A site or location map is a part dredge)? Dragl i ne , bulldozer- of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? No If yes, explain steps that will be taken to lessen environmental impacts. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Management and should be advised by the applicant of a. Length of bulkhead or riprap Bulkhead 2996 ft that opportunity. b. Jetty 1070 ft Average distance waterward of mean high water or (/3 7_1' 1_4L) nominal water level 11 feet (Based on Bulkhead is required because of greatest waterward distance on each lot) the high erosion during the March, 1993 storm. 9/8 9 Name Joseph Heber Rose Address P.O. Box 531 Belhaven NC 27810 Name James Mac Dail Address 291 Dogwood Drive _- Danville, VA 2454 Name Phillip Woolard Address 3128 Rebecca Drive Chesapeake, VA 23322 SEE BELOW A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. LAMA Bulkhead and Pier Permits for lots 4 5 and 13 A check for $100 made payable to the Department of Health, Environment & Natural Resources to cover the costs of processing the application. 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). R & S 66 Service, Inc. 412 W. Main St. Belhaven, NC 27810 Henry Norfleet Rt. 2, Box 2490 Belhaven, NC 27810 Jennie B. Snell William E. Snell Tina Lou Snell 208 Edward Street Belhaven, NC 27810 9 CERTIFICATION AND PERMISSIOt 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. L v This is the. day of : ?, , 192Y X Land ner Au _ bonze agent 600 u7-H e-4-5 fr ? 2 ? wEs T- s r c?. ? 9/89 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. 199400121 Mr. John Dorney Division of Environmental North Carolina Department Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina Dear Mr. Dorney: October 14, 1993 S: December 14 Management of 27626-0535 NO ;N OC i 2 01993. Enclosed is the application of Little Creek Investments, Incorporated, represented by Mr. Heber Rose, President, for Department of the Army authorization and a State Water Quality Certification to construct and backfill a bulkhead, construct 13 rock groins, construct a pier, repair a boatramp, excavate an excess channel and place fill material in an old boat basin on Pungo Creek, the Pungo River, Windmill Estates, Beaufort 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 December 14, 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, e Wri t Ctie, 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 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 2188 Washington, North Carolina 27889-2188 • 041bb 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 If you plan to build a m project, write N/A (not applicable). Items 14 and 8.9 arina, also complete and must be completed for all projects. attach Form DCM-MP-2. b. Is the proposed activity maintenance of an APPLICANT existing project, new work, or both? Both a. Name ATT: He er Rose C. Will the project be for communi Ll p_ Creek o President commercial use? community, Private, or Address Route 2 Box 2500 Private City _11921isly h n State ---- bLC d. Describe the planned use of the ZiP 2- 810 Dayphone _ 91?_g ?_?? Bulkheadin Project. heav necessar b ecai - X-_Landowneror erosion durin a ---__Authorizedagent storm. Residential sub b. Project name (if any) Winc Pni.,a. tes c. If the applicant is not the landowner, also give the 4 LAND AND WATER owner's name and address. CHARACTERISTICS Contact: Hood Richardson 208 N. Market Street a• Size of entire tract Washin ton NC 2788 _99.96 b. Size of individltal lot(s) _ _21 to , C. Elevation of tract aWve Mean sea level or °ts . 2 LOCATION OF PROPOSED National Geodetic Vertical Datum PROJECT Avera a• Street address or seconds d. Soil type(s) and texture(s) of tract At end of SR 1721 road number Sand loam e. Vegetation on tract Cleaned (formerly f b. City, town, community, or landmark @Xm land Bat rass frin a wetland s e own es. c• County Beaufort f. Man-made features now on tract roads d. Is proposed work within city limits or planning g What is the CAMA Land Use Plan Classification of jurisdiction? the site? (Consult the local land use plan.) e. Name of body of water nearest project - Conservation Limited Transition Confluence - Developed _X_ Transitional Pungo creek. Rural Community Other 3 DESCRIPTION AND PLANNED USE h' How is the tract zoned by local government? None OF PROPOSED PROJECT i. How are adjacent Ov a. Describe all development activities you propose for it A C classified? ek S- , , y example, building a home, motel, marina, bulkhead, Pungo River S$ N -NS or pier). Subdivisi j Has a professional archaeological survey been clean channel carried out for the tract? o No If so, by whom? 9/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. None Proposed a Type and pro s of n flX1 g, facilities or Pte- structures pro _ y e- F4mt y 0w.10 m . Water supply source b. Number of lots or parcels If the Projthatedt is will oceanfront development, describe ? ?.t ?lG4-q-? tl?e steps be taken to maintain Density < public be new established (Give the umber of resid ndl units and the cunits per acre.) y',i? Ch accessways Or Provide clessed d. Size of area to be graded or disturbed 4- G ono o. If the project is on the oce e• I f the proposed project will disturb more than one floor?o?ona ov ont, what will be the acre of land, the Division of Land Resources must mean sea level of the first habitable 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 a Division of Lan d 6 EXCAVATION AND FILL Resources? al o `r??r _ INFORMATION Tz, f. Give the percentage of the tract within 75 feet of mean high water to be covered b im a• Describe below the purpose surfaces such as pavement, buildings, , rooftops. or fill activities on (excluding bulkheadsewhich a etlon covered in Section 7). g• List the materials, such as marl, paver stone, asphalt, Access chan I-ength Width or concrete, o be used for paved surfaces. nel Depth 140 ft 25 ft 3.5 ft h. If applicable, has a stonnwater mango K been submitted to vision of Envi management plan ,2 ?? s- ?? X/a Management? nt,,d 2 ea 130 ft 3- ow 5 ft 2-3 ft i. Describe proposed sewage disposal and/or waste rock jetty) 1 ea 100 ft 3--ft 2-3 ft r? 5 ea cl c? 40 ft 3-5 ft 2-3 ft S 4e T?f K1` Fill placed in 11 o' wetland or below , ?f MHW Bv?Ktic l azQ j Have these facilities received state or local approval? Upland fill 2J, areas, Lot 23 130 ft from ac ess 70 ft k• Describe existing treatment facil' ies. cn nnel b• Amount o?matenal to be excavated from below wa exe el in cubic yards 25 140 _ ypc of material S?_ C . T x 2 -YD 'Si ? 25 cubic yards el 1. Describe location and t d. Does the area be excavated include mars the state (for example, surf cedrunoff, scan; awaters of wastewater, industri swamps. or other wetlands? - hland, do??n, ?/commercial effluent, "wash J Jfi e c,rt `? - e. High ground excavation, in cubic yards 2 f. Dimensions of spoil disposal area , Z1 X 6 3" ? g. Location of spoil disposal area = In uAland area ad'acent to excavation h. Do you claim title to the disposal area? Yes If not, attach a letter granting permission from the owner. i j• k. 1. m. n. o. Will a disposal area be available for future maintenance? Yes If so, where? Common area. Does the disposal area include any marshland, swamps, or water areas? No Will the fill material be placed below mean high water? No Amount of fill in cubic yards 0 Type of fill material _Silty sand?Kd Source of fill material From the ut. Will fill material be placed on marsh or other wetlands? No P. Dimensions of the wetland to be filled None q• S. How will excavated or fill material be kept on site and erosion controlled? What type of construction equipment will be used (for example, dragline, backhoe, dredge)? or hydraulic ?raa ; nP h„ i ,,,, Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION C. Shoreline erosion during preceding 12 months, in feet 5 to 20 feet. d. Type of bulkhead material Wood e. Amount of fill, in cubic yards, to be placed below meanhighwater Bulkheads 1000 cubic Total Fill 3700 cubi aids c f. Type of fill material?/to,.;,J. & Yards, 24D tons Cla a sand Z110ev'Ydl• R,--- ranite. ite. 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 co deed or other instrument under which the owner c aims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1R x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal a. Length of bulkhead or riprap Bulkhead 2 9 9 6 ft th at Opponi and should be advised by the applicant of 170 ( b. Average distance waterward Ofett can hig h waterfor 13 TDrAL) normal water level 11 feet Bulkhead is required beBased causeoOf eatest high waterward distance on each 1 during the March the high lot) 9/89 erosion , 1993 storm. . f Name Joseph Heber Rose Address P . O . Box 5 31 Belhaven NC' 2781n Name James Mac Dail Address 291 Dogwood Drive Danville VA 4541 Name Phillip Woolard Address 3128 Rebecca Drive Chesapeake, VA 3?91? A list of previous SEE state0or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. LAMA Bulkhead and Pier Permits for - A check for $100 made payable to the Department of Health, Environment & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). R & S 66 Service, Inc. 412 W. Main St. Belhaven, NC 27810 Henry Norfleet Rt. 2, Box 2490 Belhaven, NC 27810 Jennie B. Snell William E. Snell Tina Lou Snell 208 Edward Street Belhaven, NC 27810 9 CERTIFICATION AND PERMISSIOt TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. . gy 41 This is the day of Y Land ner Au orize agent &'a-rH cos r ft d 2? (Weir r??de? Ptaufnrf Qlnutdp salfh Prparfmtnf 11051 (8ffirr Box 579 IVashFngtnn. Xnrth daratina 27889 July 17, 1989 Ann, 946-190> Little Creek Investments, Inc. Route 2, Box 114 Pantego, NC 27860 Dear Sirs: This letter is in response to several inspections mad by department at the Windmill Pt., near Norfleet Shores$ onthelPun o River. The purpose of these inspections were to determine g suitability for approximately 39 lots to be included in the Windmill Pt. Subdivision. Soil borings and inspections were made in several areas on this property, and determinations regarding texture and application rates were considered. Topographical determinations were not easily recognized, however, because of the thick underbrush on certain areas and the agricultural crops that were growing in the fields. ' may be required later, if needed, to establish suitabilitvoinaP certain areas. This project is varied with regard to suitability of individual lots. Several lots were found to be suitable with minor modifi- cations, such as-cutting surface swell ditches down the propert lines and "turtle-backing" or crowning the lots. Other lots y however, may require some filling or pumping of the sewage effluent to a more suitable area for waste disposal. Cleaning out existing drainage ditches will certainly help this project also as there are some areas that will be improved with this needed drainage. This project is headed in the right direction by addressing the fact that there are certainly individual lots that are self- supporting with regards to sewage disposal, and that there are enough suitable land areas that will su needed, by the availability of pumping thereffluent. Final determinations are established on an individual lot basis as improvement permits are applied for. Mr. Duke Woodlief, Registered Surveyer,forgthise efforts this projec office has been kept informed of variences in elevation tandhas made working with such a large land scale project easier than usual. Through the working relationship with Mr. Woodlief's office and the department in acquiring the most this project, the number of lots requested shouldobenrealized with the modifications aforementioned. Little Creek Investments, Inc. July 17, 1989 Page 2 If this office can be of further assistance on this project please do not hesitate to call on us. Sincerely, Neil Woolard,. _R. S . Sanitarian cc: Duke Woodlief DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 8, 1993 Regulatory Branch Action ID No. 199400121 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: 66, Reference the application of Little Creek Investments, Incorporated, represented by Mr. Heber Rose, for a Department of the Army permit to construct and backfill a bulkhead, construct thirteen rock groins, construct a pier, repair a boatramp, excavate an excess channel and place fill material in an old boat basin on Pungo Creek, the Pungo River, Windmill Estates, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. The National Marine Fisheries Service (NMFS), by letter of November 8, 1993 (copy enclosed), has recommended that authorization not be provided unless plans are revised as follows: a. The proposed bulkhead will be realigned so that it is positioned no farther than five (5) feet waterward from the normal water elevation contour. b. The proposed boatramp will be relocated to the mouth of Rose Gut to eliminate the need for excavation within Rose Gut. C. Justification for each proposed groin will be submitted for review. Any unnecessary groins will be deleted from project plans. The permittee has been furnished a copy of the NMFS' letter, and his comments are anticipated on or before December 22, 1993. We fully support the NMFS' recomendations. Should plans be revised, as discussed above, and groins be justified, 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. (Revised plans must indicate the more restrictive bulkhead alignment, the relocated boatramp, no excavation in Rose Gut and only groins which have been justified.) 1 -2- b. The bulkheads will not be positioned farther waterward than five (5) feet from the normal water elevation contour at any point along its alignment. To prevent an unintentional violation of this authorization, representatives of the North Carolina Division of Coastal Managment and the U.S. Army Corps of Engineers will be available to stake the bulkhead alignment prior to construction. C. prior to the placement of any fill material in the old boat basin, the mouth of the basin will be bulkheaded, the basin will be dewatered and a silt curtain will be installed on the landward side of the bulkhead to prevent any sedimentation or increased turbidity in Rose Gut or Little Creek. d. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. e. 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. f. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. g. No vegetated wetlands will be excavated or filled. h. 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. i. 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. j. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. .. - r k -3- 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 Copies Furnished (without enclosure): I$r/ John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 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. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Section Water Quality Branch 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 DEPARTMENT OF THE ARMY D U WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 OCT 2 2 WILMINGTON, NORTH CAROLINA 28402-1890 October 14, 1993 IN REPLY REFER TO Regulatory Branch Action ID. 199400121 Mr. Heber Rose, President Little Creek Investments, Incorporated Route 2, Box 2500 Belhaven, North Carolina 27810 Dear Mr. Rose: On February 11, 1991, we renewed general permit No. CESAW-C080-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 October 7, 1993, for Department of the Army authorization to construct and backfill a bulkhead, construct thirteen rock groins, construct a pier, repair a boatramp, excavate an excess channel and place fill material in an old boat basin on Pungo Creek, the Pungo River, Windmill Estates, Beaufort 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. 199400121 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 y 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 Mr John Dorney T ter Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 2188 Washington, North Carolina 27889-2188 I D LS V LS U U 5 DEPARTMENT OF THE ARMY OCT 22M WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 wETUNDS GROUP WATER Ukllrv SECT(0(d October 14, 1993 IN REPLY REFER TO S : November 15, 1993 Regulatory Branch Action ID. 199400121 Mr. Heber Rose, President Little Creek Investments, Incorporated Route 2, Box 2500 Belhaven, North Carolina 27810 Dear Mr. Rose: Reference your application for Department of the Army (DA) authorization to construct and backfill a bulkhead, construct thirteen rock groins, construct a pier, repair a boatramp, excavate an excess channel and place fill material in an old boat basin on Pungo Creek, the Pungo River, Windmill Estates, Beaufort 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 November 15, 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. -2- 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: Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 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 Dj ision of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 2188 Washington, North Carolina 27889-2188