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.
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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.
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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