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