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HomeMy WebLinkAbout19930965 Ver 1_COMPLETE FILE_19930121State 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 27 October 1993 WASHINGTONFOFFICE C; i 2 7 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 D. E. M. Applicant: Thomas R. Poole Project Location: Off of SR 1718 adjacent Pungo Creek in Beaufort County, North Carolina Proposed Project: To construct a private boat ramp, pier and breakwater. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 18 November 1993. If you have any questions regarding the proposed project, please contact David Gossett at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY - I/ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date 1 Z- /J 1y I ' ED 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 w To : John Dorney V Planning Branch WETL • DIVISION OF ENVIRONMENTAL MANAGEmm ANDS GROUP ANDS SECTION Lmm. CAMA/COE PERMIT APPLICATION REVIEW WaRO PROJECT # 4 3 - WQ SUPERVISOR: Ti RPE REVIEWER: SAWYER DATE: ///y-->- 3 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: PROJECT NAME: .l?, ie? QQ 7-4-,. /(Z PROJECT TYPE: PERMIT TYPE: COE #: DOT #: COUNTY: RCD FROM CDA: C ,D - DATE FROM CDA: REG OFFICE: WaRO RIVER AND M BASIN STREAM OR ADJACENT WATER BODY: ID-8-16 CLASS : S B STREAM IINIDEX OPEN OR LOS • WL IMPACT: ^./ WL TYPE: WL REQUESTED: WL ACR BST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: RATING SHEET ATTACHED? RECOMMENDATION: SS ISSUE/COND DENY HOLD #: 'ay- 3v-3,.r e s STORMWATER PLAN REQ'D• ? IF YES, DATE APPROVED:, PROJECT DESCRIPTION: WATER QUALITY CERT. (401 CERT. REQ'D: IF YES, TYPE: SEWAGE DISPOSAL A/ TYPE OF DISPOSAL PROPOSED: /N o,^.t (EXISTING, PROPOSED, TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND WATER/WETLAND FILL AREA OF FILL: WATER: - IS FILL ELIMINATING A SIGNIFICANT Q SEPTIC TANK ETC.) PERMIT ISSUANCE PROBABLE: USE? WETLAND : _ a - DREDGING AREA TO BE DREDGED : /o U IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? /'V MARINA IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? ARE THE FOLLOWING ADEQUATELY ADDRESSED? TJ1? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; COE Washington Office T DIVISION OF ENV; NMEN;AL 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: Project No.: / Date Received: F'na? Date Comment: !( /z 3 Description of Project: / Jew ri ??ed Comments: I DIVISION OF COASTAL MANAGEMENT RECEIVED FIELD INVESTIGATION REPORT WASHINGTON OFFICE v f 2 7 1993 1. APPLICANT'S NAME: Thomas R. Poole D. E M. 2. )CATION OF PROJECT SITE: Beaufort County, off of SR 1718, adjacent Pungo Creek Photo Index - 1989: 2-81, N-17 1984: No photo State Plane Coordinates - X: 2,687,400 „ Y: 642,600 Ramsonville LR 3. INVESTIGATION TYPE: CAMA - Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 13 Septen*er 1993 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 20 October 1993 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (B) AEC(s) Involved: Coastal Wetlands, Public Trust Areas (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - None Planned - Pier, Boat Ramp, ;oreakwater (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHAR (A) Vegetated Wetlands Distichlis s icata, S artina paten s ±100 sq. ft. (B) Non-Vegetated Wetlands (C) Other Shallow Water Bottom ±100 sq. ft. Highground ±90 sq. ft. (D) Total Area Disturbed: ±290 sq. ft. (0.006 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a private boat ramp, pier and breakwater. Thomas R. Poole Beaufort County Environmental setting The applicant owns a 65 acre tract of land off of SR 1718 adjacent to Pungo Creek in the Sidney Community of Beaufort County. The property which is being mostly utilized for agricultural row crops also contains the applicants single family' dwelling which is located directly beside SR 1718 near the southeast corner of the property. The majority of the property which is not being utilized for'agricultural purposes is vegetated 'by various types of wetland systems. Several guts enter the property off of Pungo Creek all of which are bordered by coastal wetlands (marsh). The project site which is being proposed at this time is located near the northwest corner of the property adjacent to Pungo Creek. This area is accessed by an existing farm path. The area has been cleaned of understory and is vegetated by mature pines. A fringe of marsh vegetated with artina gynosuroides, artina paten s, Distichlis s icata and ladium jamaicensa is present adjacent to Pungo Creek. Project proposal The applicant is proposing to develop an access area for recreational use of Pungo Creek for himself and his family by constructing the following: (1) A 100' long by 5'4" wide pier with a 16' by 16' T-shaped platform on the waterward end. The pier will also have a 40' long by 2' wide stepdown platform located on its north side. The pier will extend into Pungo Creek to a water depth of -5' at normal water. (2) The construction of a 100' long wooden breakwater which will be attached to the southside of the proposed pier. The breakwater will extend 16' into land at the landward end of the pier. (3) The construction of a 10' wide by 20' long boat ramp to the north of the proposed pier. Some excavation will be required at the site to obtain a proper slope. Environmental impact The following environmental impacts will occur: (1) t 100 sq. ft. of mixed Distichlis is and artin patens will be excavated at the boat ramp site to obtain the proper slope for the ramp. r Thomas R. Poole Beaufort County (2) A small unknown amount of the marsh which is described in No. 1 will be excavated when the breakwater wing wall is extended to highground. (3) Some short term turbidity will occur during the construction of the pier and breakwater. David L. Gossett - Washington Regional Office - 26 October 1993 rnp?, n4v,D f104?-?,_-r7- N•C,- D;viSlrt7rJ OF LVAlc5Tr9(. Ml?NAG?EM.F p.ca. ??? ; Sa? WR'S;,i,NC?ir?f 0'J -C- -2 7*97 b(-T- ¢, / 9_9 3 A7D1 A jIGL?SU?j -- ??'?nT?? iw` ?ti9tlf__ vF- ,ink • T. d-S 'Frc,W-, kT._L..? Jr=?; X' r , or.z_--V-Lv W4c .1P?G14..fr2.__9?'Ferx?m,?rL c.Y -3c ?1 A1? ?CU?'T_ C, T,?Jr W J,6,eN Lr_UvlA9R? VF ThT WeA _T> ?=JPfi? xf'?TS _ A_ ?IP_T. 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T rc?nl ? - - AL-L- WCXD Fvi? -77?/`ZI T72.-kT;-:L7 - i?_?v_• _oF P12x4hc,1i2j:- -fRa4 P -- Lu nnft--Z , A w }}4RD0 6EE vJ) v,- P ?t.J9 nl rLG D. - iF Ti+ERE .42r, 4A(Y Qt,Jc-s`TIDt-4Gi C.on r--P-iJif,/t, ?f-4J`? nl?'?1?6yy ?J.LAS is Mf_ I, C A-w ?u J -- -- I t ?1. is I. i i I i I I Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stotmwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name fr6e m V_- • `Pbo Lrr Address i?=-, 2 13o x 2-1-t o City -5ey1 A JrrJ State zip Z35 iv Day phone a loa y W 6'z ;/ Landowner or Authorized agent 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? ti1?ati uJci'LK. c. Will the project be for community, private, or commercial use? 1?IZ i JA-I15, •- d. Describe the planned use of the project. r Ikt7r-.', q c_r_4,C, To -Mr, tJ?Y? b. Project name (if any) rJ /A c. If the applicant is not the landowner, also give the owner's name and address. !,4TA 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract (,s -9uzp b. Size of individual lot(s) 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number ,(i-2. I'Ti8 b. City, town, community, or landmark c. County pgg u ?o d. Is proposed work within city limits or planning jurisdiction? Nr e. Name of body of water nearest project ce?z Vu 13i 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)•_ A!24z_ l?? IZA034 c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract -,A tJ V Le 1,04,nrl e. Vegetation on tract WAfZVtt.IiOi?,nc, . GvAC,S f. Man-made features now on tract g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation. Transitional Developed Community _V Rural Other h. How is the tract zoned by local government? 1-t /a i. How are adjacent waters classified? _ 55 j. Has a professional archaeological survey been carried out for the tract? -c If so, by whom? 1289 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed r! 1A b. Number of lots or parcels m A- c. Density (Give the number of residential units and the units per acre.) r4.1 A d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N 1,4 f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. o 170 g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management?&i.j ,ti_ i. Describe proposed sewage disposal and/or waste water treatment facilities. NJA m. Water supply source W /A- n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. ,., 1,4 o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? M .1 .A- 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break, ,,,Kw,,-,. water, pier. •?,e boat ramp, uT bsc„a44 rock jetty)5Tr9,,P 1r. 150.4-rRAIVF Fill placed in wetland or below MHW Length Width Depth Yz - h'9" 1 to' ,V 4a' V - tw j. Have these facilities received state or local approval? Upland fill hi 1 A areas k. Describe existing treatment facilities. " U 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Suer-AC-?fl 2-U,JtVr- b. Amount of material to be excavated from below water level in cubic yards 57 c- -'L e. Type of material S.A n1 n A rj•D m ucY- d. Does the area to be excavated include marshland, swamps, or other wetlands? YE.5 e. High ground excavation, in cubic yards 1 C. , Y. 2 1289 f. Dimensions of spoil disposal area c. Shoreline ero sion during preceding 12 months, in 4's x s 2 feet o ` g. Location of spoil disposal area eni?-c,? h. Do you claim title to the disposal area? i%4k if not, attach a letter granting permission from the owner. d. Type of bulkhead material N I A e. Amount of fill, in cubic yards, to be placed below mean high water rJo0g, f. Type of fill material tJ .1 ,- i. Will a disposal area be available for future maintenance? Yth If so, where? a k4 &I-, _ 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the cpmpleted application form, the follow- swamps, or water areas? ing items must be. submitted: ?.t c? k. Will the fill material be placed below mean high water? ?J y 1. Amount of fill in cubic yards ?.i k m. Type of fill material N.1 A- n. Source of fill material 1 6=2 An AU r V 4 Le o. Will fill material be placed on marsh or other wetlands? Q a p.. Dimensions of the wetland to be filled NM q. How will excavated or fill material be kept on site and erosion controlled? ? ? ?,t? LN is 1,v ?jPtrP ' N y ERG h E C'IJ a Ti ?_c p?? ?,gs? r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? -? 4b-'o re . 9 A Gibb& s. Will wetlands be crossed in transporting equipment to project site? • c, If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 1-4 14 b. Average distance waterward of mean high water or normal water level M 14 A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to cant' out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 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 Management and should be advised by the applicant of that opportunity. 12/89 3 Name 17Aq(D t3toXF!7AAf; Address Jz OX t,4,1¢ Jai 4 Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Department of Environment, Health & 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 Acr(N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION 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. e 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. This is the -7- day of/") c-1-1)J3 Z,0 , 19_?/3 X Jura r!???? Landowner or Authon agent 4 12/89 ??oA?T TZAM? ?rzo???c-T or•! co A4TA ? vJETt./?NP &' Tyr. t xtbT' a i i WWL . ' ?'x ??' GONG RGTE SLIITy C*x?Ttrn ro Ewe ?,uP?rT•, Et76E gur?oETS ???xr,°YiuN45 ? ,. //%,?I To PK EX41J/1T?9 -- NoT To eipr-4 vE stun w g Lz?x+a'< yT???.IFrLE.s 11 z" X a" yT? ?r?Ene?a \ ?71ZE?t 1Lt?1 ? ? tItRTtGAL 13c/4RPS .?"x G• fb5iS ?-.?? C?'?L, r.-T-1 0 /V N u fW'scrcirr& N 1 ?tNDi?1tLL Z PONT auW^ ibNr 77(A a' . ? f oot.E r ' D PAP^ FI£ET Z eF '? OGT 4 Oql, -rAutq FRor+l IJ C. ATLAS, AIP State of North Carolina M 3W Department of Environment, Health and Natural Resources 4 • • Division of Coastal Management All? James B. Hunt, Jr., Governor Jonathan B. Howes, , Secretary p E= H N R Roger N. Schecter, Director 5 November 1993 WASHING -1 ON DAILY NEWS 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 Parker hn 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 AV 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 Mr. Thomas R. Poole filed an application on 20 October 1993 for a permit from the Division of Costal 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, Mr. Thomas R. - Poole proposes to construct a private boat ramp, pier and breakwater. The site is located off of SR 1718 adjacent to Pungo Creek in the Sidney Community of 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 projected 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. Rof,ff 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 -?% DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 10, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199400424 Mr. Thomas R. Poole Route 2, Box 2220 Belhaven, North Carolina 27810 Dear Mr. Poole: 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 28, 1993, for Department of the Army authorization to construct a pier, breakwater structure and boatramp on Pungo Creek, near Sidney, 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. 199400424 and will be coordinated by Mr. Norm Sanders in our Washington Field Office. He is available at telephone (919) 975-3025. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ,>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. 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 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. Bill Powell Route 1, Box 148 Farmville, North Carolina 27828 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 10, 1993 IN Htt"L7 HthtH IU Regulatory Branch Action ID No. 199400424 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: Enclosed is the application of Mr. Thomas R. Poole, represented by Mr. Bill Powell for Department of the Army authorization and a State Water Quality Certification to construct a pier, breakwater structure and boatramp on Pungo Creek, near Sidney, 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 January 10, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. Sincerely, G. e Wrig Chie Regulatory Branch Enclosure r -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 1424 Carolina Avenue Washington, North Carolina 27889 s N•G D%V)Sipr4 nr CC,,S-rjh. MANAC?ErnE C/'L 7 ' W454)N6(-) viji rJ .C! -2 7.?Y? / . / .J4c5?D.-.. LE.45G.__ T ND B-?.?PG;GOivnl Fa ARAP&P_ '-7c, ;z Fi,,/ S uF - _oenjTnao /rr 1'?.?H9-f?1=._..Df ?7R• 7T ,'r!f?S `?Ocf.?, RT. 3!,J?x'x.VVI-? per, H9v'r=N l?' --7?_???.,_- 11.-?oJLG?.-. SiTG. >.. J77) ???A-+,cfn_L._c?.?uJrY _,????J2??? ?.? ___cu4?Nr--S _ ..? ._?5_"?L>?r•- -??.? .T? ?'. %s.ouc;Ns _-_.9PPerxJrn.?Tl ADTjC.r_N'T. Tc, Toe t r:-;J , lJ 5c'xUJD-1R1' VF T ? > TriJ=Jer' ?cxf?sT? A.. ?iJZT P?T? _T/T T. z,;n,A; m:? / a It) .9 VAV'725P ,4p-F-4 4u.-NA To£ ??. 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If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. R E C E I j E D b. n 1 APPLICANT If you plan to build a marina, also complete and attach Form DCM-MP-2. Is the proposed activity maintenance of an existing project, new work, or both? "F iy, W c a-ic, c. Will the project be for community, private, or a. Name - lj e,/, -• commercial use? Address _2Z -, . z, t?5c x 2-1,z o City, V-5 State N. C. . Zip 'Z- 19 ic= Day phone Ci ? a - 4 J 6'2 d. Describe the planned use of the project. V2c,Ji fl F A < rA-5gl, ?o -M F, 43 t2 ;/ Landowner or Authorized agent b. Project name (if any) rJ f A C. If the applicant is not the landowner, also give the owner's name and address. NTA 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 6,5' .9t z=i, 'f 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 5, 12. t'1i9 b. City, town, community, or landmark c. County ZS u EZr d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project 'bu wiFio c.QF•x ? 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).1.?otyT2uc-rwig, t aTZArrit?_ ?'t E 1L ? 13 RFC tC.u.lATF=_v b. Size of individual lot(s) c. Elevation of tract above mean se. level or National Geodetic Vertical Daturn _+_C_ - +S' d. Soil type(s) and texture(s) of tract tiArJ124! 1,04,nn e. Vegetation on tract coati ? At, i?t r?r? ?1 r26 p„fir y NAK12t.vEh-7 12'., g17Aces , , f. Man-made features now on tract g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? --j-4,14 i. How are adjacent waters classified? 5B - j. Has a professional archaeological survey been carried out for the tract? _ .4o If so, by whom? 12/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed ,.i 1,4 b. Number of lots or parcels m f A- c. Density (Give the number of residential units and the units per acre.) P4 A d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N IA f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. o °70 g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? ?.i 1 A: L Describe proposed sewage disposal and/or waste water treatment facilities. N?a j. Have these facilities received state or local approval? W 11 D k. Describe existing treatment facilities. W d 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Suer-,ac e, 2utjct;r- m. Water supply source +J A- n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. ,., 1,0- o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? to 1 A- 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break,,K,,,,,, - water, pier. .p,e , boat ramp, rock jetty)5ny4P Fev Sa?T RM+P Fill placed in wetland or below MHW Upland fill areas i, ro ? yL - J fir 4fl' z` - ? j b. Amount of material to be excavated from below water level in cubic yards 5 c- f c. Type of material e,.44D A ri-p- m u c c- d. Does the area to be excavated include marshland, swamps, or other wetlands? YE5 e. High ground excavation, in cubic yards I C..?(. 7 1 pion f. Dimensions of spoil disposal area L}.3 ? ;r f ri t g. Location of spoil disposal area an 1--cz kM I bA J 9,0U# 32 h. Do you claim title to the disposal area? 4117 If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? ysh c?-ro If so, where? y t4 j. Does the disposal area include any marshland, swamps, or water areas? W0 k. Will the fill material be placed below mean high water? " n 1. Amount of fill in cubic yards - N j rA- m. Type of fill material Q.1 A- n. Source of fill material exi Af 2 OnnAQDA t. o. Will fill material be placed on marsh or other wetlands? I t o p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? i VJ, R4 LV v-J ??PT- N V ERC h E cvJ r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 04cY_bbF_ s. Will wetlands be crossed in transporting equipment to project site? w, If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap W 14 b. Average distance waterward of mean high water or normal water level m 14 c. Shoreline erosion during preceding 12 months, in feet o 1 d. Type of bulkhead material N A e. Amount of fill, in cubic yards, to be placed below mean high water tJonli; f. Type of fill material rJ I A- 8 ADDITIONAL INFORMATION In addition to the cpmpleted 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 decd or other instrument under which the owner claims title, plus written permission from the owner to cant' out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats arc 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 that opportunity. 12/89 Name 2AJi 17 R?;12RiA?? Address ac)A t4'4- ihA Name Address Name Address A fist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Department of Environment, Health & 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 funus, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 4 9 CERTIFICATION AND PERMISSION 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. N 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. This is the _ day of ZLC_Tp 19_?/_3 X.7' _ Landowner or Authoriagent 12/89 AT rz?mI' c, zo?rpv, or•l Go Ab-rA V vjen,A?O b'TYr r/D F1 E?CT"r? Z xrb'rr"? Ze ?r CCNt2ETt SL4T5, EDbE tLIFFOVT? C r.TEn To Eo:.A.5vp "x W, Fl w MEiy To " EA" VATt9 ?, ?? Goo y 5 !+ C.Ti n nt t p A•xc.^ wt Z•'x! 'PTA e7fh=P-fi J eaTICA L, TOGA Rys T? 5 +" C.?'c.f35?GTi O 1J I?L MAP h u 1?QTEC(?iffG V balrMpM?W 70 14T PURA^ F6147 s• 5•e i??s 5?fl1J?Y °a .. D PA V^ 414EFT Z of 3 otT 4 igg3 ThYfN F2or+1 M C. ATcu9li 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thomas R. Poole 2. LOCATION OF PROJECT SITE: Beaufort County, off of SR 1718, adjacent Pungo Creek Photo Index - 1989: 2-81, N-17 1984: No photo State Plane Coordinates - X: 2,687,400 Y: 642,600 Ramsonville LR 3. INVESTIGATION TYPE: CAMA - Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 13 September 1993 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 20 October 1993 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (B) AEC(s) Involved: Coastal Wetlands, Public Trust Areas (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - None Planned - Pier, Boat Ramp, Breakwater (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED Nov - a 08 OTHER (A) Vegetated Wetlands Distichlis sspicata, S artina patens +100 sq. ft. (B) Non-Vegetated Wetlands (C) Other Shallow Water Bottom +100 sq. ft. Highground +90 sq. ft. (D) Total Area Disturbed: +290 sq. ft. (0.006 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a private boat ramp, pier and breakwater. I Thomas R. Poole Beaufort County Environmental setting The applicant owns a 65 acre tract of land off of SR 1718 adjacent to Pungo Creek in the Sidney Community of Beaufort County. The property which is being mostly utilized for agricultural row crops also contains the applicants single family dwelling which is located directly beside SR 1718 near the southeast corner of the property. The majority of the property which is not being utilized for agricultural purposes is vegetated by various types of wetland systems. Several guts enter the property off of Pungo Creek all of which are bordered by coastal wetlands (marsh). The project site which is being proposed at this time is located near the northwest corner of the property adjacent to Pungo Creek. This area is accessed by an existing farm path. The area has been cleaned of understory and is vegetated by mature pines. A fringe of marsh vegetated with SSpartina cynosuroides, Spartina natens, Distichlis sspicata and cladium jamaicensa is present adjacent to Pungo Creek. Project proposal The applicant is proposing to develop an access area for recreational use of Pungo Creek for himself and his family by constructing the following: (1) A 100' long by 5'4" wide pier with a 16' by 16' T-shaped platform on the waterward end. The pier will also have a 40' long by 2' wide stepdown platform located on its north side'. The pier will extend into Pungo Creek to a water depth of -5' at normal water. (2). The construction of a 100' long wooden breakwater which will be attached to the southside of the proposed pier. The breakwater will extend 16' into land at the landward end of the pier. (3) The construction of a 10' wide by 20' long boat ramp to the north of the proposed pier. Some excavation will be required at the site to obtain a proper slope. Environmental impact The following environmental impacts will occur: (1) ± 100 sq. ft. of mixed Distichlis spicata and. SAartina patens will be excavated at . the boat ramp site to obtain the proper slope for the ramp. Thomas R. Poole Beaufort County (2) A small unknown amount of the marsh which is described in No. 1 will be excavated when the breakwater wing. wall is extended to highground. (3) Some short term turbidity will occur during the construction of the pier and breakwater. David L. Gossett - Washington Regional Office - 26 October 1993 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name - I ?i?? •? V... Address Z%. -I- fi;?,y x 2- - z, n city y C "A A4, p? State IJ . L - Zip Day phone ?6r y 4t ?'? Landowner or Authorized agent 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? "P-111; UJ o izK- c. Will the project be for community, private, or commercial use? kr2 tv A- rg;, d. Describe the planned use of the project. b. Project name (if any) rJ /A c. If the applicant is not the landowner, also give the owner's name and address. 1A 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number b. City, town, community, or landmark c. County e gA .,t EOZ?r d. Is proposed work within city limits or planning jurisdiction? "o e. Name of body of water nearest project Li t3F_fc? c:?_ 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract •*iuaph -1, b. Size of individual lot(s) c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract 1?;,A t1-121e !,04,-,1 e. Vegetation on tract f. Man-made features now on tract - g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community y,' Rural Other h. How is the tract zoned by local government? i. How are adjacent waters classified? 6 a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier).?.??? o T > jZArry Has a professional archaeological survey been carried out for the tract? l.lc,) If so, by whom? 12/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed t-4 1 A b. Number of lots or parcels t.I JA- m. Water supply source #-4 / 4- n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. c. Density (Give the number of residential units and the units per acre.) r1 .1 A d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? t,-i I A- f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N 1.A- 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? X41 A- i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? ,,, f ? k. Describe existing treatment facilities. " (k 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Access channel (MLW) or (NWL) Boat basin Other (break.,t;?w? water, pier. •r,? boat ramp, rock jetty)57L,-p ;;i-7 17tFV 13o?TR?i?i' Fill placed in wetland or below MHW Upland fill areas Length Width Depth a 1la` y-p' 71` - o' fb` ?' ice' >>?>>`?`` b. Amount of material to be excavated from below water level in cubic yards ar c- f. c. Typeofmaterial 4tJr> ,?r?uc d. Does the area to be excavated include marshland, swamps, or other wetlands? \'L,5 e. High ground excavation, in cubic yards I 2 12/89 f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in g 3 i x) sr f feet o g. Location of spoil disposal area a-PrfA-c r- t ?J 1 (4 91, Qa,JT7 h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. d. Type of bulkhead material " I A e. Amount of fill, in cubic yards, to be placed below mean high water tJ 00 E f. Type of fill material i. Will a disposal area be available for future yrh maintenance If so, where? o t4 yzi-, P 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or water areas? ing items must be submitted: k. Will the fill material be placed below mean high water? " 0 1. Amount of fill in cubic yards w 1 ?! in. Type of fill material hj A- n. Source of fill material r_-xc,a 'La-l ? 12 m 1rVr??jAi.,- o. Will fill material be placed on marsh or other wetlands? kI o 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 p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources ".JA Commission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? kJvL, LN tg,c6 r7P? N GR?'hE?'r-1 r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?mac P? ?aczxtor s. Will wetlands be crossed in transporting equipment to project site? c, If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap j-,l f A Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 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 that opportunity. b. Average distance waterward of mean high water or normal water level w 14 12/89 Name 12A\ltD V5uk(zB, A Address 1?0k t !A '(J tJ , G Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N. C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the -7-- day of i B L P , 19 X Landowner or Authorize agent 4 12/89 ?v?A t N ?1b;2 smr? CAP F)Ep- z' ( o *t e 'L i i t ? ?Qt ? ^0 o b? G P? ? v -4 o' to° ? 7-1 ti! L-56 K- - - - X GoM i A?- WL'ni1*1 P LI11$ ca?,STa? uly;?-9?fl o 17 J Es I I( Illgiill ptEP- yx +t' ?. x 3L \\ + t' t \ \AZSA Z 0 o C ?\ ? 441 o?T" 4? IgGxi -VPSPA2 tae 177M?AP-SV ; 1-40 1AI FZ, T70oL6 r ILL, n-r, s V?oX UZ20 2•T I T'iox l.+S 1-HA41? 1 , r!,G• F,4;r ,\VI1?vu +J,G, -/?gSfo v7?" 7 GoAb" !r vlBTI.NNP Z xlh"?'? \ 'h'x1•' CoNCZET$• f>LArs !"x v" ED4E 5ut?poETS (FiG,.TErI To Ewg•5uP(brc7,) -r of, 6XZAfATE9 rx-4 .- z"YS" DEGX-+Nbt 1 L" X S" VV-9iN4 z" x s'+ 5TH + ?7 Ft ? ??i IIK z"xg" 'ETAEiiYn2i,D ?J PrFA?/.VJ /' r?+K+? ?'° J ERTIGQ v T3of? RCS ?t `+x G" Po yTS I2Z ( E . . # ?'1 Pr? o f V© o c.E r-A4 rz ?/V\ I-V s Q Q rl Q K MITE FUN o Gr,5- F- FLO Va_, ?00 -r-A 1 w o? nw ? OF Iq'1 ? 'SCALE : 1 4"` 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 No. 199400424 December 8, 1993 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: Reference the application of Mr. Thomas R. Poole for a Department of the Army permit to construct a pier, breakwater structure and boatramp on Pungo Creek, near Sidney, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the permit plans. b. All excavated materials will be confined landward of the normal water elevation contour and vegetated wetlands. C. 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. d. 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. e. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that-the turbidity in the waterbody is 25 NTU's or less are not considered significant. -2- 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 Copies Furnished: ohn 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 WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID No. 199400424 November 30, 1993 Mr. Thomas R. Poole Route 2, Box 2220 Belhaven, North Carolina 27810 Dear Mr. Poole: DtC - 8 1993 WETLANDS GRO[1- M WATER QUALf SFC? Reference your application for Department of the Army (DA) authorization to construct a pier, breakwater structure and boatramp on Pungo Creek, near Sidney, 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. KL -2- This information is essential to our expeditious processing of your application and it should be forwarded to us by December 30, 1993. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a water Quality Certification pursuant to Section 401 of the Clean Water Act. If you have questions, please do not hesitate to contact Mr. 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 Section Water Quality Branch 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 4r . John Dorney Division 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 1424 Carolina Avenue Washington, North Carolina 27889 Mr. Bill Powell Route 1, Box 148 Farmville, North Carolina 27828 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 Mr. Thomas R. Poole filed an application on 20 October 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, Mr. Thomas R. Poole proposes to construct a private boat ramp, pier and breakwater. The site is located off of SR 1718 adjacent to Pungo Creek in the Sidney Community of 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 projected 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. Rof,er 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 JAN 2 0 1994