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HomeMy WebLinkAbout19930995 Ver 1_COMPLETE FILE_19930510State 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 5 November 1993 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator I'VASHIN TON OFFICE D. E. 1.11. y, SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Hopkins Seafood Project Location: Off of SR 1728, adjacent to the North Prong of Wrights Creek Beaufort County, North Carolina Proposed Project: To upgrade an existing seafood business by constructing new docks and bulkheads and performing maintenance excavation within an existing basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 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 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 rea.lons described in the attarharl onmmantc Signed AT:.94A, ?EHNR Date 1_?IP ?_3 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources 4 • ow Division of Environmental Management James B. Hunt, Jr., Governor ID E H N 11 Jonathan B. Howes, , Secretary A. Preston Howard, Jr., P.E., Director December 1, 1993 Mr. Murphy J. & Ms. Margaret D. Hopkins DBA Hopkins Seafood Route 2, Box 4710 Belhaven, N.C. 27810 Dear Mr. & Mrs. Hopkins: Subject: Proposed fill in Wetlands or Waters Bulkhead installation and maintenance dredging Beaufort County DEM Project #93995, COE #199400531 Upon review of your request for 401 Water Quality Certification to place fill material in 2880 square feet of waters which are tributary to Wrights Creek for bulkhead installation and maintenance dredging located at SR 1728 in Beaufort County as described in your submittal dated 5 November 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2665. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 13. Additional conditions are that: 1.) all debris must be disposed of properly in a permitted landfill, 2.) any debris removed from wetlands shall be done in a manner so as not to excavate the wetland and, 3.) construction shall not begin until a NPDES permit for the seafood waste water is obtained. 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. If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, j reston Howard, J P.E. 93995.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney 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 To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAHA/COB PERMIT APPLICATION REVIEW 2j WARO PROJECT # 13-'d g? WQ SUPERVISOR: THORPE REVIEWER: SAWYER DATE: WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 .: COUNTY: PROJECT NAME: /tglwl?vp ?? PROJECT TYPE: PERMIT TYPE: COB COE #: DIF RCD FROM CDA: DCM DATE FROM CDA: REG OFFICE: WaRO RIVER AAID SPB BASIN #. J A ? b STREAM OR ADJACENT WATER BODY: K'dy-Ivo-? P CLASS: A:..,O'J STREAM INDEX OPEN OR WL IMPA WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: RATING -S ? RECOMMENDATION: ISSUE ? ISSUE/CONT DENY HOLD STORMWATER PLAN REQ'D: IF VS, DATE A?PROV M. PROJEC DESCRIPTION: as aD X c? off' . J r?,•? ?j, elj? WATER QUALITY_CERT. (401 CERT. REQ'D: y IF YES, TYPE : `yy~ SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: IST IG; PROPOSED, SEPTIC TANK ETC. ) TO BE PERMITTED BY: ? (DEM, DHS, IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL y- AREA OF FILL: WATER: 0`2 i&6 yq WETLAND: - 0 IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING -% AREA TO BE DREDGED: l/ 3 3, IS DREDGING ACTIVITY EXPECTED 0 CAUSE A SIGNIFICANT LOSS OF RESOURCE? /? / IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Y MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office RBCOMNMED CONDITIONS OR PERMIT RESTRICTIONS: I VVVVi ^? ? /? l /?^ s DIVISION OF ENV ONMTAL 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 Pro j ect : Project Date Received: / Date Comment : / z z °1 Description of Project: / Sec- A#1&a-ked Comments: I i RECEIVED DIVISION OF COASTAL MANAGEMENT WASHINGTON OFFICE FIELD INVESTIGATION REPORT t NOV 0 51993 1. APPLICANT'S NAME: Hopkins Seafood 1o Fd l& 2. LOCATION OF PROJECT SITE: Beaufort County, off SR 1728, adjacent to the North Prong of Wrights Creek Photo Index - 1989: 2-85-3, N-5 State Plane Coordinates - X: 2,715,000 1984: 77-973, Q-6 Y: 607,400 Pamlico Beach LL 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 29 October 1993 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 28 October 1993 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Commercial Seafood Business (E) Wastewater Treatment: Existing - Septic Tanks Planned - None (F) Type of Structures: Existing - Seafood Processing Facilities; Piers, Bulkheads Planned - Piers, Bulkhead (G) Estimated Annual Rate of Erosion: f2' Source - DCM staff observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A (B) Non-Vegetated Wetlands (C) Other Open Water ±12,000 sq. ft. ±2,880 sq. ft. Shallow Water Bottom ±4,330 sq. ft. (D) Total Area Disturbed: ±19,210 sq. ft. (0.44 acre) (E) Primary Nursery Area: No (F) Water Classification: SANSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to upgrade an existing seafood business by constructing new docks and bulkheads and performing maintenance excavation within an existing basin. s HOPKINS SEAFOOD Beaufort County Environmental setting The applicant owns a 8 acre tract of land adjacent to the North Prong of Wrights Creek off of SR 1728 in Beaufort County, North Carolina. Located on the property is Hopkins Seafood which consists of a processing building and several dwellings which are occupied by the owners of the business. The business as well as the dwellings are served by septic tanks sewage disposal systems. Potable water is obtained by individual wells. The processing building is bordered by covered decks, various bulkheads, and ±717' of docks which commercial vessels utilize. Located to the south of the processing building is an existing man- made basin which is connected to Wrights Creek. The basin has a length of ±200' a width of ±60' and a depth which varies from -12' at normal water to -1.6' at normal water. At the east end of the basin is a partially constructed bulkhead and on the south side is a row of pilings. Much of the property, especially the area between the existing pier system and the large area labeled "Wetlands 404 and CAMA" on the attached plat, is littered with various debris mainly consisting of abandoned fishing gear, sunken boats, etc. There are two areas of Coastal Wetlands (marsh) located on the property. See attached plat. The marsh is dominated by uncu roemerianus, Distichlis s icata, and S a? trina cynosuroides. The upland portions of the property contain various unimproved dirt roads and parking lots with various upland grasses and trees. Project proposal The applicant is proposing the following: (1) The completion of ±60' long bulkhead located at the east end of the existing basin. This section of bulkhead will average ±20' beyond the normal water level and is ±25' beyond the normal water level at the furthest point. (2) construct a ± 160' long bulkhead along the south side of the existing basin. This section of bulkhead will average ± 10' beyond the normal water level and is ± 12' beyond the normal water level at the furthest point. It will be located along the row of existing pilings. (3) Construct 20' of bulkhead near the northeast corner of the existing boat basin. This section of bulkhead will be aligned near the normal water level. (4) Construct 205' of dock landward of the proposed bulkheads along the east end of the existing basin and along the south side of the existing basin. The dock will have a width of 6'. HOPKINS SEAFOOD Beaufort County Page 2 (5) Perform maintenance excavation within the existing boat tasin. Excavation will occur within an area 200' by 60' and to a depth of -12' at normal water. An average of -4' of material will be removed from the basin. All spoils will be placed landward of proposed bulkhead and/or on other highground sites. (6) The removal of miscellaneous debris within Wrights Creek and atop adjacent wetlands as shown on the attached plat. The work area is approximately 410' in length with a width of ± 11'. The removal will be done by either hand labor or by clam shell bucket. Environmental impact The project as proposed will involve the following environmental impacts: (1) ± 12,000 sq. ft. of area within the existing boat basin will be excavated to a depth of -12' at normal water. (2) ±2,880 sq. ft. of open water area will be filled landward of the proposed bulkhead. (3) ±4,330 sq. ft. of shallow water bottom area will be disturbed by the debris removal. (4) Some short term turbidity will exist during the construction of the bulkhead and docks. David L. Gossett - Washington Regional Office - 5 November 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. 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 maintenance and new w rk 1 APPLICANT Murphy J and Margaret D . Ho Will the project be for community, private, or M a. Name uA Hank J. n G and food I?kinscommercial use? commercial use.-- Address Route 2. Box 4710 City Belhaven State N.C. Zip 27810 Dayphone 919-964-4151 X Landowner or Authorized agent b. Project name (if any) Hopkins Sea ood c. If the applicant is not the landowner, also give the owner's name and address. Consul Cant- Henri Rinhardc:on 208 N Markat S Washington, NC 27889 919-975-3472 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number End of SR 1728. d. Describe the planned use of the project. Improvements to existing do king facilities and boat basin or fishing boats. 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 8 acres/permit for 3; acre area. b. Size of individual lot(s) wA c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 to 3 feet. d. Soil type(s) and texture(s) of tract Silty clay. e. b. City, town, community, or landmark -Bath Township f. c. County Beaufort d. Is proposed work within city limits or planning jurisdiction?_ No e. Name of body of water nearest project North prong of Wrights Creek 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Vegetation on tract Pine, wetland species, cfrass. ar mobil Man-made features now on tract -homes . hou lots P >tCing yards, boat basin. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Urban Conservation _ X Transition& Developed Community Rural Other 9. h. How is the tract zoned by local government? None How are adjacent waters classified? SA-NSW Has a professional archaeological survey been carried out for the tract? No If so, by whom9 a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, ?' or pier). Construct bulkheads ANC' 49"'K , Maintenance cleaning of do kind basin for seafood buainPaa 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. None a. 7)qx and number of buildings, facilities, or gym. Water supply source structuresproposed_ N VP n. If the project is oceanfront development, describe b. Number of lots or parcels _ ?+??` the steps that will be taken to maintain established public >e?chpccessways or provide new access. C. Density (Give the number of residential units and the p?/ f? units per acre.) 14.Q' d. Size of area to be graded or disturbed xv, 0. 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?- is ?P If the project is on the oceanfront, what will be the elevation apQve?n an sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION f. Give the percentage of the tract within 75 feet of a mean high water to be covered by impermeable surfaces, such as avement, buildings, rooftops. \e g. List the materials, such as mar], paver stone, asphalt, or concrete, to be used for paved surfaces. K \(,- h. If applicable, has a stormwater management plan been submitted to the DLvision of Environmental Management? tt N i. Describe proposed sewage disposal and/or waste water treatment facilities. 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, clean Other (break- water, bier, Deck boat ramp, rock jetty) Fill placed in wetland or below MHW Lenbth Width Depth 200 ft 60 ft X 12 ft 2 or 6 • vg r, Oka /n j. Have these facilities recg'ved state or local approval? Upland fill t3 \i areas k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commyfcia] effluent, "wash dovm"). X wt N A;_ ,C y N r= A N e' b. Amount of material to be excavated from below water level in cubic yards 2200 c. Type of material g; ?±3, .,,anA d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards 9/89 F J'. f. Dimensions of spoil disposal area Behind bulk- heads 25'x 201, 150'x 6. 20'x 80'; On traffic areas 27,000 square feet g. Location of spoil disposal area 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? Same place. See map. 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 2200 m. Type of fill material Silty sand n. Source of fill material Boat basin. 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)? Draglire, ba -khnL- r neks _ S. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will betaken to lessen environmental im cts. * )?2 r t-.,4 Ky S C /t-)& -e ? 7-V 7 SHORELINE STABILIZATION a. Length of bulkhead =dpmp_.A&& feet b. Average distance waterward of mean high water or normal water level 11L feet c. Shoreline erosion during preceding 12 months, in feet 2-3 feet d. Type of bulkhead material wood e. Amount of fill, in cubic yards, to be placed below mean high water 133 f. Type of fill material silty sand 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 )n an 8 1/2 x 11 white paper. (Refer to Coastal Resourcc* 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. 49 y?. Name Harvey Earl Guthrie Address Rt. 2, Box 4730 Belhaven NC 27810 - Name Mildred--Wright Address 8243 MCCloy Rd. Norfolk. VA 23505 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA, GP, 11262-B, Januarv 25.; 1993 $250 A check for $VW 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). 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. This is the day of &9170 ,194X X Landownef oJAuthofized agent 9189 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 Hopkins Seafood filed an application on 28 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, Hopkins Seafood proposes to upgrade an existing seafood business by constructing new docks and bulkheads and performing maintenance excavation within an existing basin. The site is located off of SR 1728 adjacent to the North Prong of Wrights Creek 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 25 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. Roger Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611, prior to 15 December 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 10 December 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 25 November 1993 in Washington Daily News NOV 3 0 03 WETLANDS Gt Q ; WATER UFLIr`f,,,;:, ;f t. , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 17, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199400531 Mr. Murphy J. Hopkins and Ms. Margaret D. Hopkins Route 2, Box 4710 Belhaven, North Carolina 27810 Dear Mr. ande Ms. Hopkins: D U L5 U L5 g NOV 2 91993 Reference your application for Department of the Army (DA) authorization to maintain a basin, construct docks, and construct bulkheads with backfill on Wright's Creek (North Prong, north of Pamlico Beach, Bath Township, 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 ti -2- 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 December 17, 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 111 . 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 N. M ++( DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS D is P.O. BOX 1890 WILMINGTON, 17AR01993 28402-1890 JA[ a'N IN HLFLY Htl-tH I G Regulatory Branch Action ID No. 199400531 Mr. Murphy J. Hopkins and Ms. Margaret D. Hopkins Route 2, Box 4710 Belhaven, North Carolina 27810 Dear Mr. ande Ms. Hopkins: On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received November 8, 1993, for Department of the Army authorization to maintain a basin, construct docks and construct bulkheads with backfill on Wright's Creek (North Prong, north of Pamlico Beach, Bath Township, 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. 199400531 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 w.-, -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 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 r - State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Nancy Smith, Regional Manager Amro IDA [D EHNR DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION 23 November 1993 CERTIFIED MAIL RETURN RECEIPT REQUESTED F NOV 2 41993 WrT1 AAInQ CRf11l Mr. and Mrs. Murphy J. Hopkins DBA Hopkins Seafood Route 2, Box 4710 Belhaven, North Carolina 27810 Dear Mr. and Mrs. Hopkins: The Washington Regional Office of the Division of Environmental Management has reviewed the LAMA/Dredge and Fill permit application for a recommendation of issuance of the Section 401 Water Quality Certification. It has been recommended that a Section 401 Certification be issued with the following conditions: 1. No construction may begin until a NPDES Permit is acquired from this Division for the discharge of seafood processing wastewater (application form is attached). 2. All debris removed from waters and wetlands must be disposed of properly in a permitted landfill. 3. Any debris in waters and wetlands should be removed in a manner so as not to disturb the sediments. 4. The fuel storage facility must meet the federal SPCC plan requirements. If you have any questions or comments, please contact this office at (919) 946-6481. Thank you. Sincerely, Roger K. Thorpe Water Quality Supervisor Washington Regional Office RKT/aht cc: Terry Moore - Division of Coastal Management ohn Dorney - Division of Environmental Management Bill Morris - Division of Solid Waste Warren Dixon - EPA Region IV 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 State of North Carolina Department of Environment, Health and Natural Resources 1 • , Division of Coastal Management James B. Hunt, Jr., Secretary Jonathan B. Howes, SecreLata E H N Roger N. Schecter, Director - r, (1il II ISM 23? 22 November 1993 WASHINGTON 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 25 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: Pohn edra Blackwell Parker ,Xohn 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 if, w M, WN x A' ,. R 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 Hopkins Seafood filed an application on 28 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, Hopkins Seafood proposes to upgrade an existing seafood business by constructing new docks and bulkheads and performing maintenance excavation within an existing basin. The site is located off of SR 1728 adjacent to the North Prong of Wrights Creek 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 25 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. Roger Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611, prior to 15 December 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 10 December 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 25 November 1993 in Washington Daily News ... I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 17, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199400531 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. Murphy J. Hopkins and Ms. Margaret D. Hopkins for Department of the Army authorization and a State Water Quality Certification to maintain a basin, construct docks and construct bulkheads with backfill on Wright's Creek (North Prong, north of Pamlico Beach, Bath Township, 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 17, 1994, 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, R e Wri t Chie , Regula ory ranch B Enclosure i. '77J' -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 LIA /99s4U s1-? l Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater 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. 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 maintenance and new work, 1 APPLICANT c. Will the project be for community, private, or Murphy J. and Margaret D. Hopkinscommercialuse? a. Name nRA HankinR APafnnd " commercial use Address Route 2 Box 2- 1 1 7 0 City _ Belhaven State N.C. Zip 27810 Dayphone 919-964-4151 X Landowner or Authorized agent b. Project name (if any) Hopkins Seafood c. If the applicant is not the landowner, also give the owner's name and address. Consultant* Hood Ri charricnn OS N Marknf S Washington NC 27889 1 - 75-?47 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number End of SR 1728. d. Describe the planned use of the project. Improvements to existing dockin- facilitie_s and boat basin for fishing boats. 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 8 acres /permit for 3 b. Size of individual lot(s) wA acre area. c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 to 3 feet. d. Soil type(s) and texture(s) of tract Silt clay.__ e. b. City, town, community, or landmark Bath Township f. c. County Beaufort g d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project North prong of Wrights Creek 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Vegetation on tract Pine, wetland species, grass. Fish house mobil Man-made features now on tract homes, parking lots, yards, boat basin. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Urban Conservation _ X_Transition4c Developed Community Rural Other h. How is the tract zoned by local government? None How are adjacent waters classified? SA-NSW Hasa professional archaeological 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).-Construct bulkheads APJ0 0'0c/(S, 1rKaintenanc cl_anina of do.kinQ basin for -afnod business 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. None W14S14 f7n we/, a. Type and number of buildings, facilities, or 1m. Water supply suuace wA structuresproposed_ N IN% b. Number of lots or parcels .acv` C. Density (Give the number of residential units and the units per acre.)- n. If the project is oceanfront development, describe the steps that will be taken to maintain established publi c ch?ccessways or provide new access. pV ff , d. Size of area to be graded or disturbed o. XI 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 ?R" 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. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stonnwater management plan been submitted to the D'ision of Environmental Management? K i. Describe proposed sewage disposal and/or waste water treatment facilities j. Have these facilities recred state or local approval? k. Describe existing treatment facilities. SC4 ?1i4 TitiY?:S 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commqcial effluent, "wash down").fyll. N ACC /< yN J != AN 0 If the project is on the oceanfront, what will be the elevation apgve jn an sea level of the first habitable floor? /y 7112 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, clean Other (break- water, pier, Dock boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas LenDth Width Depth 200 ft 60 ft X 12 ft 2os? 6? gvRfl 0k'Ji ?Vrl b. Amount of material to be excavated from below water level in cubic yards 2200 c. Type of material _g; i tIr pan,i d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards 9/89 f. Dimensions of spoil disposal area Behind bulk- heads 251x 201. 1501x 61. 201x 801; On traffic areas 27,000 square feet g. Location of spoil disposal area h. Do you claim title to the disposal area? Yes If not, attach a letter granting permission from the owner. i. Willa disposal area be available for future maintenance? Yes If so, where? _Same place. See map. 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 2200 m. Type of fill material Silty sand n. Source of till material Boat basin. o. Will fill material be placed on marsh or other wetlands? No p. Dimensions of the wetland to be filled Nine 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 dredgr.)?Drag line, backhoe, rucks s. Will wetlands be cmjsed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental imp cts. ]A/2 rL?- -4 o5 cruve ro /h.vVe /%' 1,5 C, d.2?rti o? 1" l TS vnlL?/, 7 SHORELINE STABILIZATION m a. Length of bulkhead mwipmp i1*& feet b. Average distance waterward of mean high water or normal water level _1g feet c. Shoreline erosion during preceding 12 months, in feet2-3 feet d. Type of bulkhead material wond e. Amount of fill, in cubic yards, to be placed below mean high water 133 E Type of fill material Suety sand 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 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. 39 Name Harvey Earl Guthrie Address Rt. 2 Box 4730 Belhaven, NC 27810 Name j ildred Wright Address 8243 McCloy Rd. Norfolk, VA 23505 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA, GP, 11262-B, January 25. 1993 $250 A check for 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). 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. This is the day of ,19L.j X ' Landown o utho zed agent 9/89 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1 APPLICANT'S NAME: Hopkins Seafood LOCATION OF PROJECT SITE: Beaufort County, off SR 1728, adjacent to the North Prong of Wrights Creek 2 Photo Index 1989: 2-85-3, N-5 1984: 77-973, Q-6 State Plane Coordinates - X: 2,715,000 Y: 607,400 Pamlico Beach LL 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 29 October 1993 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 28 October 199 Office -Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan Beaufort County NOV 2 2 1993 Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area C) Water Dependent: Yes WATER AiI WE 2UALITY ?SECTION ( (D) Intended Use: Commercial Seafood Business (E) Wastewater Treatment: Existing - Septic Tanks Planned - None (F) Type of Structures: Existing - Seafood Processing Facilities. Piers, Bulkheads Planned - Piers, Bulkhead (G) Estimated Annual Rate of Erosion: ±2' Source DCM staff observation 7. HABITAT DESCRIPTION: [AREA] OTHER (A) Vegetated Wetlands N/A N/A (B) Non-Vegetated Wetlands (C) Other Open Water ± 12,000 sq. ft. +2,880 sq. ft. Shallow Water Bottom ±4,330 sq. ft. (D) Total Area Disturbed: +19,210 sq. ft. (0.44 acre) (E) Primary Nursery Area: No (F) Water Classification: SANSW Open: No DREDGED FILLED 8. PROJECT SUMMARY: The applicant is proposing to upgrade an existing. seafood business by constructing new docks and bulkheads and performing maintenance excavation within an existing basin. HOPKINS SEAFOOD Beaufort County Environmental setting The applicant owns a 8 acre tract of land adjacent to the North Prong of Wrights Creek off of SR 1728 in Beaufort County, North Carolina. Located on the property is Hopkins Seafood which consists of a processing building and several dwellings which are occupied by the owners of the business. The business as well as the dwellings are served by septic tanks sewage disposal systems. Potable water is obtained by individual wells. The processing building is bordered by covered decks, various bulkheads, and ±717' of docks which commercial vessels utilize. Located to the south of the processing building is an existing man- made basin which is connected to Wrights Creek. The basin has a length of ±200' a width of ±60' and a depth which varies from -12' at normal water to -1.6' at normal water. At the east end of the basin is a partially constructed bulkhead-and on the south side is a row of pilings. Much of the property, especially the area between the existing pier system and the large area labeled "Wetlands 404 and CAMA" on the attached plat, is littered with various debris mainly consisting of abandoned fishing gear, sunken boats, etc. There are two areas of Coastal Wetlands (marsh) located on the property. See attached plat. The marsh is dominated by Juncus roemerianus, Distichlis spicata, and S an trina cynosuroides. The upland portions of the property contain various unimproved dirt roads and parking lots with various upland grasses and trees. Project proposal The applicant is proposing the following: (1) The completion of ±60' long bulkhead located at the east end of the existing basin. This section of bulkhead will average ±20' beyond the normal water level and is ±25' beyond the normal water level at the furthest point. (2) construct a ± 160' long bulkhead along the south side of the existing basin. This section of bulkhead will average ± 10' beyond the normal water level and is ± 12' beyond the normal water level at the furthest point. It will be located along the row of existing pilings. (3) Construct 20' of bulkhead near the northeast corner of the existing boat basin. This section of bulkhead will be aligned near the normal water level. (4) Construct 205' of dock landward of the proposed bulkheads along the east end of the existing basin and along the south side of the existing basin. The dock will have a width of 6'. HOPKINS SEAFOOD Beaufort County Page 2 (5) Perform maintenance excavation within the existing boat L?sin. Excavation will occur within an area 200' by 60' and to a depth of -12' at normal water. An average of -4' of material will be removed from the basin. All spoils will be placed landward of proposed bulkhead and/or on other highground sites. (6) The removal of miscellaneous debris within Wrights Creek and atop adjacent wetlands as shown on the attached plat. The work area is approximately 410' in length with a width of ± 11'. The removal will be done by either hand labor or by clam shell bucket. Environmental impact The project as proposed will involve the following environmental impacts: (1) ±12,000 sq. ft. of area within the existing boat basin will be excavated to a depth of -12' at normal water. (2) ±2,880 sq. ft. of open water area will be filled landward of the proposed bulkhead. (3) ±4,330 sq. ft. of shallow water bottom area will be disturbed by the debris removal. (4) Some short term turbidity will exist during the construction of the bulkhead and docks. David L. Gossett - Washington Regional Office - 5 November 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. 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 maintenance and new work. 1 APPLICANT c. Will the project be. for community, private, or Murphy J. and Margaret D. Hopkinstommercial use? a. Name DBA Hopkins SPafnnd Commercial use. Address Route 2, Box 4710 City Belhaven State N. Q. Zip 27810 Day phone 919-964-4151 X Landowner or Authorized agent d. Describe the planned use of the project. Improvements to existing docking facilities and boat basin for fishing boats. b. Project name (if any) Hopkins Seafood If the applicant is not the landowner, also give the owner's name and address. Consultant: Hood Richardson 208 N market St- Washington, NC 27889 919-975-3472 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number End of SR 1728. b. City, town, community, or landmark Bath Township 4 LAND AND WATER CHARACTERISTICS a. Size ofentiretract 8 acres/permit for 3; b. Size of individual lot(s) ETA acre area. c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 to 3 feet. d. Soil type(s) and texture(s) of tract Silty clay. Vegetation on tract Pine, wetland species, xrass. c. County Beaufort g d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project North prong of Wrights Creek Fish house mobi. Man-made features now on tract homes, paring lots, yards, boat basin. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Urban Conservation X TransidonxK Developed Community Rural Other h. How is the tract zoned by local government? 3 DESCRIPTION AND PLANNED USE None OF PROPOSED PROJECT i. How are adjacent waters classified? SA-NSW a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkheadv or pier). Construct bulkheads L ' 6t?5, carved out for the tract? No If so, by whom.' Maintenance cleaning of do k;ng b- sin for seafood business- 9/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. None a. Type and number of buildings, facilities, or m. Water supply source --f 'r_ structures proposed -N 1'91 b. Number of lots or parcels s \?' c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and 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? 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, 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. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"): L n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach, orprovide new access. o. If the project is on the oceanfront, what will be the elevation above rnean sea level of the first habitable floor? 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) Boatbasin, clean Other (break- water, pier, D) c c k boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth I 200 ft 60 ft x? 12 ft 2 os 6 rv? R/111) b. Amount of material to be excavated from below water level in cubic yards 2200 c. Type of material g i I t y -sa n(9 d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 9;,? n f. Dimensions of spoil disposal area Behind bulk- heads 251x 20', 150'x 6' 20'x 80';, On traffic areas 27,000 square feet g. Location of spoil disposal area 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 Ifso,where? Same place. See map. 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 2200 m. Type of fill material Silty sand n. Source of fill material Boat basin. 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)? Dracriine, backhoe, trucks, s. Will wetlands be crVsed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. )Ale i t ?,4 os L--fed i- /1P/t-t yVe l 1,5 c, :Z (5 c?. 7 SHORELINE STABILIZATION a. Length of bulkhead =map J?? feet b. Average distance waterward of mean high water or normal water level _ 12 feet c. Shoreline erosion during preceding 12 months, in feet_ _2-3 feet d. Type of bulkhead material wood e. Amount of fill, in cubic yards, to be placed below mean high water 133 f. Type of fill material _ Silty sand 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 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. 9's9 Y Name Harvey Earl Guthrie Address Rt 2 Box 4730 Belhaven NC 27810 Name Mildred Wright -- Address 8243 McCloy Rd Norfolk .VA 23505 Name Address Alist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA, GP, 11262-B, January-25 _,___L933 $250 A check for $:M 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). 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. This is the day of 6 , 19?.?. X c ,?J Landowne o utho zed agent 9/89 i 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. 199400531 December 21, 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: ? ?RU 71 Reference the application of Mr. Murphy J. Hopkins and Ms. Margaret D. Hopkins (Hopkins Seafood) for a Department of the Army permit to maintain a basin, construct docks and construct bulkheads with backfill on Wright's Creek (North Prong), north of Pamlico Beach, Bath Township, 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. The bulkheads will be positioned in strict accordance with permit plans. To prevent an unintentional violation of this authorization, representatives of the North Carolina Division of Coastal Management and the Corps of Engineers will be available to stake the bulkhead alignments prior to construction. C. All excavated materials will be confined landward of the normal water elevation contour, authorized bulkheads and any vegetated wetlands. d. The material placed landward of the bulkheads will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. Excavation will not exceed 12 feet below the elevation of normal water. -2- f. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 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 must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. j. 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. k. 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. 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 . . 4 -3- Copies rnished: M . John Dorney W 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 Pivers Island Beaufort, North Carolina 28516 U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889