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HomeMy WebLinkAbout19930782 Ver 1_Complete File_19930510 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 26, 1993 IN REPLY HEFEhI W Regulatory Branch Action ID No. 199304480 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: E NOU -31993 WETLANDS Gf,JLP WATER QUALITY SEC-1. Reference the application of Mr. Rufus McAden for a Department of the Army permit to excavate an access channel and basin; contruct three docks and a boatramp; install bulkheads; and place riprap material on Wehoe Creek and the Neuse River, New Bern, Craven 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 and riprap material will be positioned in strict accordance with permit plans. C. The fill and riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. d. All excavated materials will be confined landward of the normal water elevation contour and any vegetated wetlands. e. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. f. No vegetated wetlands will be filled. -2- g. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. h. Excavation will not exceed three (3) feet below the elevation of normal water. i. 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. 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 50 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 -3- Copies Furnished: /"-' 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 2762670535 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 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Section Water Quality Branch 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 State of North Carolina Department of Environment, Health and Natural Resources • • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N F? A. Preston Howard, Jr., P.E., Director October 12, 1993 Mr. Rufus McAden 4100 N. Riverside Drive New Bern, N.C. 28560 Dear Mr. McAden: Subject: Proposed fill in Wetlands or Waters Bulkhead and boatramp construction Craven County DEM Project # 93782, COE # 199304480 Upon review of your request for 401 Water Quality Certification to place fill material in 0.025 acres of wetlands or waters which are tributary to Wehoe Creek for bulkhead, dock, boat ramp construction and channel excavation located at Lot 63, SR 1168 in Craven County as described in your submittal dated 8 September 1993, we have determined that the proposed fill can be covered by General Water Quality Certification Nos. 2665 and 2745. Copies of the General Certifications are attached. These Certifications may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit Nos. 13 and 36. 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. 1786.. If you have any questions, please contact John Dorney at 919-733- Sincerely, J.rr?eess2tto4nnowa,r Jr. P.E. 93782.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker, DCM 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 ENVIRONM04TAL MANAGEMENT WATER CAMA/COE PERMIT APPLICATION REVIEW WaRO PROJECT #nl3-0G3 -?- WQ SUPERVISOR: THO REVIEWER: SAWYER DATE: /03 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO. PROJECT NAME: m cAko,... PROJECT TYPE: jk. TYPE: COE #: DOT COUNTY: tea'''-' 4PYCOE RCD FROM CDA: ?? DATE FROM CDA: REG OFFICE: WaRO RIVER AND SUB BASIN STREAM OR ADJACN WATER BODY: &0 2/-" ?? ( CLASS : S / ?,S LJJ STREAM INDEX OPEN CLOS . WL IMPACT: WL TYPE: WL REQUESTED: •02S0e- WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: ING SHEET ATTACHED? RECOMMENDATION: ISS ISSUE/COND DENY HOLD I A(/1-3 /v /ILeA # #: v- ? -(/a 5> STORMWATER PLAN REQ'D-. IF YES, DATE APPROVED: PROJECT DESCRIPTION: WATER QUALITY CERT. (401 CERT. REQ' D : '-/ l?oA4 Q IF YES, TYPE: V SEWAGE DISPOSAL TYPE OF DISPOSAJ,-PROWSED: PROPOSED, PTIICC TANK ?ETW) TO BE PERMITTED BY: ? (DEM, DHS, V?0 IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: ~Z WETLAND: •o;L -mr-, IS FILL ELIMINATING A SIGNIFICART USE? DREDGING ?.-- AREA TO BE DREDGED : .2-2-6 Z IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?/ MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WARO; Central Files; DCM Field Offices; COE Washington Office Y DIVISION OF ENVIR NM TAL MANAGEMENT 16 MEMORANDUM • T0: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews for Stormwater Review Project: Project No.: - d Date Received: Date Comment: Z6 / Description of Project: / Secy. )Q#T* .red Comments: I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT t 1. APPLICANT'S NAME: Rufus McAden 2. LOCATION OF PROJECT SITE: Lot #63, SR1168, 4100 N. Rivershore Drive, Wehoe Creek & Neuse River, New Bern, Craven County Photo Index - 1989: 128-6 @ Q-11 1984: 47-1489 @ D-10 State Plane Coordinates - X: 2602400 Y: 475300 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/21/93 Was Applicant Present - YES 5. PROCESSING PROCEDURE: Application Received - July 16, 1993 (Revised: 8/3/93) Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Transition/Conservation (B) AEC(s) Involved: EW, ES, PT (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - NONE (F) Type of Structures: Existing - House Planned - 3 docks, boat ramp, bulkhead, rock riprap (G) Estimated Annual Rate of Erosion: -0- Source - Observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (pier footprint) '404' 1077 sq. ft. 340 sq. ft. (B) Non-Vegetated Wetlands (pier footprint) below NWL 1125 sq. ft. 765 sq. ft. 80 sq. ft. (C) Other Highground 300 sq. ft. 21,300 sq. ft. (D) Total Area Disturbed: 25,404 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SB' 'NSW' Open: NO 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin, construct 3 docks and a boat ramp, and place riprap around 2 cypress trees. FIELD INVESTIGATION REPORT: RUFUS MCADEN PAGE #2 9. NARRATIVE DESCRIPTION: The applicant owns an approx 3.75 acre tract of land located off SR 1168 at 4100 North Rivershore Drive near the City of New Bern, in Craven County. This property also adjoins the Neuse River and Wehoe Creek, which is a small tributary of the Neuse River. The property has been developed with a single-family residential structure and associated out-building. Vegetation on the high ground portion of the lot consist of lawn grasses and various hardwoods and pine trees. The shoreline of the Neuse River is basically sandy and void of wetland vegetation. A portion of the shoreline was been stabilized in the past with a wooden bulkhead and a CAMA General Permit has recently been issued which allows for the stabilization. of approx 260 linear of shoreline. Wehoe Creek can be characterized as having a wetland border ranging from 0' to 45' and vegetated primarily with '404' type species including gum, red bay, cypress, arrowhead and sedges. The wetland areas have been flagged by a private consultant and approved by the US Army Corp of Engineers. Due to the lack of use over the years and the movement of sand in the Neuse River system, the mouth of Wehoe Creek is closed off and is no longer navigable except during periods of extreme high tides associated with storms. Upstream of the sand 'plug', water depths are approx. -3.2' to -1' NWL deep and the width of the creek in front of the applicant's property is approx 15'. The waters of the Neuse River and Wehoe Creek have been classified by the NC Division of Environmental Management as "SB" and are Nutrient Sensitive. The waters are closed to the harvesting of shellfish. The applicant is proposing to excavate the sand plug between Wehoe Creek and the Neuse River and excavate a boat basin area off Wehoe Creek. The sand plug and the adjacent shallow water separating Wehoe Creek and the Neuse River would be excavated for a distance of approx. 75' feet in length x 15' width to a depth of -3 NWL. Off Wehoe Creek the applicant is proposing to excavate a boat basin which would be approx. 15' to 30' wide x 45' long to -3' NWL deep. The majority of the basin would be excavated in wetlands except for an approx. 30' long x 12' wide triangle piece of high ground at the head of the basin. A boat ramp, 50' long x 12' wide, would also be constructed. Two (2) docks measuring 32' long x 5' wide would be constructed parallel to the basin and over wetland and high ground areas. A third dock measuring 15' long x 4' wide would be constructed within the basin. Approximately 150' of bulkhead would be installed around the perimeter of the basin and Wehoe Creek. There will be no backfill behind the bulkhead in any of the wetlands areas with the wall height proposed at 2' above existing wetland elevations. Excavation is proposed to be accomplished by dragline or backhoe with part of the spoil material being placed behind the existing bulkhead and the proposed highground bulkhead. The remaining material will be disposed on highground in the applicant's yard. FIELD INVESTIGATION REPORT: RUFUS MCADEN PAGE #3 The applicant also proposes to protect two (2) large cyprus trees in the Neuse River which are just beyond the NWL by placing rock riprap around the trees. The riprap will encompass an area of approx. 30' long x 10' wide x 2' high at the first site and approx 15' long x 15' wide x 2' high at the second site. 10. ANTICIPATED IMPACTS: The project as proposed will result in an approx. 75' long x 15' wide area of sandy shoal and shallow water bottom area being excavated to a depth of -3' NWL with approx. 125 cu. yds. of sandy material being excavated. The applicant also proposes to excavate a boat basin area off Wehoe Creek which would result in approx 1077 sq. ft. of '404' wetlands and approx. 300 sq. ft. of high ground being excavated to a depth of -3' NWL. Approx. 326 cu. yd. of organic and sandy material would be excavated and placed on high ground in various locations around the yard. A boat ramp, approx. 600 sq. ft. in size, is proposed with approx. 240 sq. ft. of it being below the NWL. Approx. 3 cu. yd. of concrete material would be placed below the plane of the NWL and approximately 8 cu. yds. of concrete would be above NWL. Three (3) docks are proposed which will provide docking facilities for 2 boats. Two of the docks will be constructed over wetlands and the remaining one will be within the basin. Approximately 150' of bulkhead would be placed at the NWL adjacent to the basin and Wehoe Creek shoreline. Backfill is not proposed in back of the bulkhead bordering the wetlands fringe but the height of the wall may impede normal flooding events. Given the design of the basin and the narrow width of Wehoe Creek, it is not known whether water quality impacts will occur with the basin construction. Wetland impacts associated with the basin construction could, however, be eliminated or minimized if the basin was shifted to the mouth of Wehoe Creek. The applicant was informed of this but wished to pursue this request in order to have a more protective basin area. In an effort to save two cypress trees, rock riprap is proposed to be placed around the trees. These trees are currently located in the Neuse River just offshore of the applicant,s property. Approx. 525 sq. ft. of rock material (approx 40 cu. yd.'s) would be placed below the NWL. PREPARED BY: CHARLES O. PIGOTT September 3, 1993 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stotmwater control. If the requested infoxmation is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8.9 must be completed for -all projects. a. Name Rufus McAden Address 4100 N Rivershore Dr City New Bern State tat Zip 28560 IDay phone 637_61 73 X Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. ' l LOCATION OF PROPOSED PROJECT a.. Street address or secondary road number off Gibbs Rd-SR „FR- lot 63- 4100 N Rivershore b. Cityew g . cnommunity, or landmark c. County Craven d. Is proposed work within city limits or planning jurisdictiont no e. Name of body of water nearest project Neuse River 3 DESCRIPTION AND PLANNED, - _ USE OF PROPOSED PROJECT ; a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead or pier). Dig a 36'X45' Boat Basin off Wehoe Creek 7/34193 d. Describe the planned use bf the .pro - private-use ` LAND: AND WATER =-. CHARACTERISTICS a. Size of entire tact 3.76 c.s . b. Size of individual lot(s) n /a c. Elevation of tract above mean sea level orTla•- tional aeodecic Vertical-Datumsite,•a...oI to 2.5' d. Soil type(s) and texture(s) of tract..*. -Craven Silt "Loam - e. Vegetation on .traci,. Hardwood, Pines;' Cypress Gum Lawn. Grays. Wetland svetia• f. Man-trade features now 'pn trau ; A 'frame house .drivewav. woodshed, bulkhead g. What ic` the CAMA Land Use Plan ,(;lassifica- tion of the site? (Consult the local land use plan,) Conservation _ Transitional X Developed Community Rural Other h. How is the tract zoned by local governmentl none i. How are adjacent waters •.flassified? S -S? = j. Has a professional archaeological survey been Dr carried out for the pact? no If so,.by whom? 5 UPLAND DEVELO. Construct a Bulkhead and Basin , 3 Docks, a Boat Ramp, EXCAVATE Aez&55 CMANUEL) PLACE STONES AROUND CYPEDIS TREES If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? New Work c. Will the project be for community, private, or commercial use? PrivatelA MMEP TI" I q I AUG 0 3.1993 Complete this section if the project includes any upland development. - a. - Type and number.of buildings, facilities, or structures proposed n // a b. Number of lots or parcels n 1a c. Density (Give the number of residential units and the units per acre.) n/ a d. Size of area to be graded or disturbed nt e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation 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/a Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. n / a 1 g• h. i. j• k. 1. M. n. o. List the materials, such as marl, paver stone, asphalt, or N? concrete. BDAT RAMP 12-'Y, M' surfaces. gi?LOW MWL (Z61 If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? ' N / A Describe proposed sewage disposal and/or waste water treatment facilities. N/A Have these facili ies received state or local approval? DescnN , existing treatment facilities. Describe location and type of discharges to waters of the state (for exampler surface runoff, sanitary wastewater, industrial/!c mmercial effluent, or "wash down"). _14 A Water supply source If the project is oceanfront development, describe the steps that will be taken to main- tain established public each accessways or pro- vide new access. If the project is on the oceanfront, what will be the elevation above can sea level of the first habitable floor?_ 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 1). Length Width Depth _ S• U ` Access channel '61 15, (MLW) or (NWL) 71s ' 5 ' Boat basin 1 3Z 1 , 3 D' 1 _ S. 0' areas P1145 ZWPWARD D ?PfV /?wNT 4 Butk?? Other (break-MK -3-5) 5' ' water, pier, 00:9 boat ramp. Pl E R 1(, , Z4' 4 5' -- rock jetty) IS. RAMP $D' 17- Fill placed in KAMf ZD I Z wetland or below ? MHW ' 30 1 1 D 1 C s '7.5 S y Upland fill 560, SO' b. C. d. f. g• Amount of material to be excavated from below water level in cubic yards 35 G eY-7bTAL Type of material51LT-t!)RGANiL-CRB- SAND Does the area to be excavated include marsh= land. swamps, or other wetlands? 5 High ground excavation, in cubic yards -9 Y Dimensions of spoil disposal area SD 1*X 350' Location of spoil disposal area QA1 Do you claim title to the disposal area?_ h. 1. j• k. M. n. o. P. q• r. S. If not, attach a letter granting permission from the owner. Will -a disposal area be available for future maintenance?/ If so, where? 4 "-" E Does the disposal area include any marshland, swampland: or water areas? N D Will the fill material be placed below mean high water? YES -CONC. RAMP + .SWNE@GYP.IREES Amount of fill in cubic yards 53.93 CY Type of fill material CUKIZFTE 040 .STDNL Source of fill material'1AKMPW- - MA17t?N AMWA Will fill material be placed on marsh or other wetlands? XE3 Dimensions of the wetland to be filled G53 ?'T• How will excavated or fill material be kept on site and erosion controlled? 5Ef WrArNMtNT TTEM 6 !I- What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 1DQSd d /A1e OR BAr-JO&L Will wetlands be crossed in transporting equip- ment to the project site?4= if yes, explain the steps that will be taken to lessen en- vironmental . impacts. SLE ATtACAU T ? SHORELINE STABILIZATION a. Length of bulkhead or riprap 15O 1301,1 l9PAD b. Average distance waterward of mean high water or' normal water level f -Ri•MMIZ of BASIN c. Shoreline erosion during preceding 12 months, in feet N / A d. Type of bulkhead material P' W02 o? PV L. e. Amount of fill, in cubic yards, to be placed below mean high water NONlr f. Type of fill material N A AUG a S -1993 2 -MPDITIONALINFORMATION -, In addition to the completed application form, the following items inust be submitted: ' A Copy of the deed (with state application only) or other instrument under which the applicant claims tick to the affected property. If the applicant is not claiming to be the owner of said property, then for. ward a copy of the deed or other instrument under which the owner claims Sitle, plus written permis. sion from the owner to carry. out the project. Ari• accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 14 x 11 white paper. (Refer to Coastal Resources Commission Rule 71.0203 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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard. ing that agency's use of larger drawings.) A site or location map is a part of plat requiremenii and it must be sufficiently detailed to guide agency per. sonnel unfamiliar with the area to the site. Include county toad (SR) numbers, landmarks, and the like. A stormwater managem?egt 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 com. ments-on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen. ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name Address 4102 N Rivershore Rd New Bern . NC 28560 Name Alvis Shelton Addt= 4202 marsh Dr Npw Bern. NC 28560 Name -Tamps Cavpnaueh Heirs AddMs 811 E Franklin Chapel Hill. NC 27514 A list of poovimn iit oe or hw6ri l permits' issued for work opnertthhettproject tract. Include permit n urn IYD 93? 4 e, 'rJ. issu a• " "? .. G P 1101 A check forlia made payable to the Depart- ment of Natural Resources and Community Devebpment to cover the ebsd' of processing this application. " A signed AEC hasard notice for projects in ocean. front and inlet sl TU. ' A statement bn the use of pubic funds. If the project involves the expenditure of • public funds, -at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). - 9 CERTIFICATION AND v `• SION TO ENTER ON LA'ND-4-`•. Any ponmit issued in response to this applicaiion will allow only the development described in the application. The project will be subject to condi•• tions and restrictions cone fined in the permit. I certify that to the best of my knowledge, the pro- activity. complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. . 1 further certify that I ani 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 ap- plication and follow-up monitoring of project. 'This is the 15 day July 19 93 X LandevWw or Authorized agent James David Simpson Send the completed application materials to the Division of Coastal Management Office nearest you and the US. Army Corps of Engineers. See the map on the inside front cover for'the appropriate DCM office and addresses and phone number. j! V1 7 AU $ r CAMA APPLICATION Attachment 1. APPLICANT Rufus: :McAden.......:.. 103 Hillcrest Rd New Bern, NC 28560 Items: 6. q. All execavated material will be placed landward of an existing bulkhead and/or spread on an upland area on the tract. In either case, the filled areas will be fertilized, limed, seeded and mulched to prevent washing. Silt fencing will be installed as needed. 5FO L WAX- AL56 BE DEPWITE.D LANDWARD OF THE STONE KEVrrMEAtT PERMITTER VMbER GP * 11011 . 6. s. The excavatiiag,; equipment will be positioned within the proposed basin limits. The bulkhead anchors will be dug from the same location and backfilled or.covered by hand. TAE ACCESS CNANNEL )N THE MDtfrA OF WENDS C LEEK WILL ISE rKCA1/ArM FROM NIGH 4MAD W1771 A DRA6UNE OR- 6ACXODE. ALL SPOIL WILL BE LOADED DIRECTLY iwo TKxs:s ON N16H c4R"o) MEN DtIlMiTED ON TIDE DISFbSAL SITE 4N AN UPLAND AREA. ALL 5F"L, WILL BE SPREAD AND ST' WUD. ` E . .?...w.r.. ....................r IFU5 MGADL.N JULY 14, M3 - PAGE 8 N A To e NG2'/G? r V 7.S.3S' ' N 4? oG'!? '72.32 ' NC. 414 2' A-V 7G, yo ' N 7v'e4 ' w 4 7.00 A/451far, 70 ' S 75 OG vv 84.04 Hwr •70 VER SR 111 5 SITE A SR 1114 .V ICI N 17Y MA PP j? iPD i m wz z _ 1 c? Ilk% T\ A 61? ? \ PRoPosF?O ,BdAT BASIN ,/,c,911SA W141vl 1,F/A5 P- -- -Taol rs' ki,/F.?1NN°DL/N ? _ H4 N4/,D 57.-/AI6 SI?IC?LINE t'?O ?? ? .\ /1 ?/?US I?I?/V/•IL/Y 63 T wE1?o00 QADEN ?/ \ `? SMED Z P \ ?T \ DECK Z Sr o. AU6 a 3-1993 O . ?o - A- d ?i ` dwL ? a - E?15?' G p? `r 9NGt-A OLD 17MWL t HI, /wl ' ? W doe ?i?i ?s 152 i ? a 0 J E•?.R ?? ; RUFUS Mc: ADEN I JULY 14,1993 PA (5 E 4 W ENOE CREEK- , . /?JINL M W &OLOEoD e9Nc1lOJT AWs ?-- ?/ TYPICAL ` -" r d ? 01 p Tof'? +Z, s 1 __ MIA/L in c ?? 30' t- APPiPD . L/NE OF UPLAND 1 + 1 ? 3ZV 4 Y U s Zo Y 1 a . 4 BD 9 7- i 30 S P?Of3?5.ED BAS/N, ,D?c Kam, RRM P, - 4(5, 1 8v/KH,E.4 D 3Z' Z"ABom I nW L AU8 Q 31993 U L'J'J ?UFUs McADFN JUDY 14,1993 SCALE I ID' PACE S SO' 6.5' i949OVE MW L- -ExiSTING 61M DE 1Z'x So' PRO/t9.5E'D CONC. ?4OlTtfAM P 4,5" f'?/?LSEO A4 511V G K. 2'1Q6DYE MWL PROP. $UIKNEA P L - - - - - - - - K - -?-- MW L BUIMEAD S1ITIN6 , 7X\>AC"?'^?0?4;0 4E?T11 OF ?A r/ON SECT/oN ??o?v? EA?rs,?c Qf SAT 6,151N AND a. f,9mP SCALE / "= ZO .95,0i iwii ?- N.4T"URM -.?9NCr?o/r ?t 8G 5Ee--7-1oN r#)fU aoc,r; BULKHEAD, ,BASIN SCAL E I AUG 0 3 IM mo?oum ?J t !, I IPUF!/S McADEN I JULY 14, 1993 I SCAt p / "= 201 1 PA6E 6 ' i M a N q P?R?ED STbNES WERDE cKEE r- - - - -? 0_LC(PRU55 TREE 1r A GP *l /loll LSD STbNL?S off,--?yPRuss TRH MWL 5TON E 5 RROON D CYP94-5 TREES 5 Ec-noN A - R' SGALE I"= Zo' .SCALE I II = 50 0 F1LI- IOJVKAL GRAD. v L AUG I E), (j, 3 -S!-Z? SEcr)(N AT D15po5AL AREA RUFVS M`ADEN I JULY 14) /1,13 PAC F 7 VALE I "= 20' f DEPARTMENT OF THE ARMY UU WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 D$ GROI.?` WATE ITUN SEC. . September 15, 1993 IN REPLY REFER TO S : November 15, 1993 Regulatory Branch Action ID No. 199304480 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. Rufus McAden for Department of the Army authorization and a State Water Quality Certification to excavate an access channel and basin, contruct three docks and a boatramp and place riprap material on Wehoe Creek and the Neuse River, New Bern, Craven 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 November 15, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. Sincerely, e Wri ie , Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Please type or print. Carefully describe all an S `z d: ° be the planned use bf the . pmKet: ticipated development activities, including construe private }use tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is" _ not relevant to your project, write N/A (not ap- •' »•? '- plicable Items 1-4 and 8.9 must be completed 16r`°: all projects. ,.4 . LAvNwDD:ANDD+?W??ATERS 1 -:-APPLICANT a. Name Rufus McAden Address 4100 N Rivershore Dr; City New Bern State Nc Zip 28560 JDay phone F17-h17g X Landowner or Authorized agent b. Project name (if any) c. If the appligant is not the landowner, also give the owner's name'and address. Z LOCATION OF PROPOSED • PROJECT a.. Street address or secondary road number off Gibbs Rd-SR 71fs- lot 63- 4100 N Rivershore b. Citygew Be community, or landmark c. County Craven d. Is proposed work within city limits or planning jurisdictiont no e. Name of body of water nearest project Neuse River 3 -DESCRIPTION AND PLANNED, USE OF PROPOSED PROJECT ; a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead or pier). Dig a 36'X451 Boat Basin off Wehoe Creek Construct a Bulkhead and Basin , 3 Docks, a Boat Ramp,,FXGAVATE Access GIMAMFL? PAGE 6WtJE5 AM-9hGYPE SS TREES If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? New Work a. Size of entire tract 3.76 b. Size of individual lot(s) 21' '!L- c. Elevation of tract above mean as level or Na- tional C3eodetio Vertical- Datum S i t e -.L. A ' to 2.! d. Sail type(s) and texture(s) of tract, Craven Silt Loam C. Vegetation on tract Hardwood, Pines:"T Cypress Gum. Lawn. Gras. Wetland spetis, f. Man-mask features now pn tmct ; A frame house .drivewav, woodshed, bulkhead g. What n'the CA.MA Land Use Plan ;Iassihca= " tion of the site? (Consult the kK41.larnd use plan.) - Conservation _ Transitional X,. Developed ?C immunity h. How is the tract coned by local government? none i. How are adjacent waters rplassified? S - Dr j. Has a professional archaeological survey been carried out for the tact? no If so,.by whom? 5 UPLAND DEVELO?.? ' c. Will the project be for community, private, or commercial use? Private nr? n .M 7 AUG 0 3 1993 Complete this section if the project includes any upland development. - a. Type and number of buildings, facilities, or structures proposed n / a b. Number of lots or parcels n a c. Density (Give the number of residential units and the units per acre.) n/ a d. Size of area to be graded or disturbed n a e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation 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/a Give the percentage of the cracc within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. n/a S. h. i. j• k. 1. m. n. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved i surfaces. gf/)MreFry BoRT RAMP 12-'Y, 50 (ZOO 13ELOW MWL ) L If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? 11 / A Describe proposed sewage disposal and/or waste water treatment facilities. NIA Have these facili ' received state or local approval? A Describe eAxisting treatment facilities. i 1 Describe location and type of discharges to waters of the state (for examplersurface runoff, . sanitary wastewater. industrial/!c mmercial effluent, or "wash down"). _ Water supply source If the project is oceanfront development. describe the steps that will be taken to main- tain established public each accessways or pro- vide new access. N A o. If the project is on the oceanfront, what will be the elevation above can sea level of the first habitable floor?! 6 'EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section ?). Length Width Depth Access channel r7_15 15 , - 3.0' (MLW) or (NWL) 1 /5 ' -3.6, Boat basin 1 5Z' 1 3 D' 1 _ S. D, Other (break-PIER 35' S water, pier, pl ER 14' -- ? boat ramp. PIER z4' 5 -- rock jetty)g,RAMP $D' IZZ' -- arras PAO LANDWARD 0f EXi.5TiNeY Bvlktklyd /fw/H OSFMi7rcrA /1 EV,,-M&NT Fill placed in RAMP ZO' 12' wetland or below l 30 to MHW Cy? S -7. S' S- i Upland fill 35'o' SD' b. Amount of material to be excavated from below water level in cubic yards 334 aX:_?L Type of material 51LT-t,7RGANic-CRB- SAND Does the area to be excavated include marsh= land, swamps, or other wetlands? S High ground excavation. in cubic yards SO C Dimensions of spoil disposal area SO I J e- Location of spoil disposal area nwi S/7 ,E C. d. f. 9. Do you claim title to the disposal areal h. i. j• k. 1. M. n. o. P• q• If not, attach a letter granting permission from the owner. Willa disposal area be available for future maintenance?/ a - If so, where? Se ME Does the disposal area include any marshland, swampland; or water areas.' N D Will the fill material be placed below mean high water? YES --CONZ. RAMP + -IMNF@GYP.7REF5 Amount of fill in cubic yards 33.93 CY Type of fill material CONCEFTE MCI SrotA Source of fill materialTARMAC. - MARM MARIErrA Will fill material be placed on marsh or other wetlands? XE-3 Dimensions of the wetland to be filled 4-55 M-4-T. How will excavated or fill material be kept on site and erosion controlled? SEE ATMC MEHT ITEM 6 5. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? RA& i rtir oft BACk11DE s. Will wetlands be crossed in transporting equip- ment to the project site?4=-, If yes, explain the steps that will be taken to lessen en- vironmental impacts. ME A7tACAMl`_ SIT--M 4 s. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 1S0 4/ BULIN AD b. Average distance waterward of mean high water or' normal water level ftR i•MEn R OF BAs 1 N c. Shoreline Bros* during preceding 12 months, in feet N5; d. Type of bulkhead material P.J.' WWD OK PVL e. Amount of fill, in cubic yards. to be placed below mean high water W OU F - f. Type of fill material N / A ---------- AUG d b -1993 2 IT 101-4- I _'IN ORMATION In addition to the completed application form, the following items must be submitted: A topy of the deed (with state application only) or other instrument under which the applicant claims tick to the affected property. If the applicant is not claiming to be the owner of said property, then for. ward a copy of the deed or other instrument under which the owner claims Sitle, plus written permis. sionfiom the owner to carry. out the project. Are accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 ti x 11 white paper. (Refer to Coastal Resources Commission Rule 71.0203 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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard. ing that agency's use of larger drawings.) A site or location map is a part of plat requiremen6 and it trout be sufficiently detailed to guide agency per. sonnet unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater manageraegt 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 com- ments-on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113.219(d). Name Address 4102 N Rivershore Rd New Bern . NC 28560 Name Alvis Shelton /,,tom 4202 marsh Dr NP Rern. NC 28560 Name -Tamps ravpnaueh Heirs Address 811 E Franklin Chanel Hill. NC 27514 X 16t of previous swine' or bdand permits' issued for work opnectthhetrproject tract. Include s 4 P * 1101 . Im- A check for- made payable to the 'Depart meet of Natural Resources and Community Development to cover the coil' of processing the application. A signed AEC hasard notice for projects in ocean- front and inlet *m.- A ' A statement om the use of public funds. If the project involves the expenditure of public •funds, -at. tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). - 9 CERTIFICATION AND T SION TO ENTER ON LNND-*;.*- Any p9 mit issued in response to this application will allow only the development described in the application. The project will be subject to condi tions and restrictions conmined in the permit. I certify that to the best of my knowledge, the pro- posed activity. complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 1 further certify that I ar i 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 ap- plication and follow-up monitoring of project. This is the 15 day of July 19 9 . Lan,deoiier or Authorized agent James David Simpson Send the completed application materials to the Division of Coastal Management Office nearest you and the US. Army Corps of Engineen. See the map on the inside front cover for'the appropriate DCM office and addresses and phone number. !`SLCIIJ t.:5t? 3 ti? CAMA APPLICATION Attachment 1. APPLICANT Rufus.-McAden..,._. ., 103 Hillcrest Rd New Bern, NC 28560 Items: 6. q. All execavated material will be placed landward of an existing bulkhead and/or spread on an upland area on the tract. In either case, the filled areas will be fertilized, limed, seeded and mulched to prevent washing. Silt fencing will be installed as needed. S1901L WILL ALSO BE DLPeCITED LANDWARD of THE STONE REVE1cMENT .PERM?7TLA UAICr:R 4P * 11011 . 6. s. The excavatiiag., equipment will be positioned within the proposed basin limits. The-bulkhead anchors will be dug from the same location and backfilled or covered by hand. THE ACCESS C14ANNEL )N THE wn OF WENOE C LEEK WILL SE I:ICGAYArW FROM NIGH 410JMD v+ rN A DRA614NE OR- 6ACkNOt. ALL SPDIL WILL BE LOADED DIRECTLY INTO TRUCKS ON M160 4ROWD, ?MEN DtFeWTED oN TIDE DIMbSAL. SITE oN AN UPLAND AREA. ALL AIL. WILL BE -:SPREAD AND STABLIZ.ED. ? AUG IM ?'C`Sit7`Uu ?LS ----r------------------------ )FUS > c-ADL.1J I JULY 14)1983 1 1 PAGE 8 A TQ B ?va2'/?? • ? 7.s.3s' ' N 4G'oG'?/v 72.32 NG 44 E' Yv 7G. 70 A/ 747'L4'Iw 47•0o NQJ'/9' W 70-c7c" , S 75 0? w e 4•J4 i• -71 ? p 0 U .Vt U?D 1?? ? a 1 ? Z u\ \ f ? c c? vENA???J ?1E/GPs ? ??5 ?'?? n1 7p dwL 5 004 ` oLp i f, eat,! ir.-1i v;N9 ?yPJ-u35 .T1? s. ipUN ?1 :,? ? ? ? PRoPosED ,e?oAr BAsiN -- N14H49awb i?iCE!/NE S57- ?-0 a /?11FU5 M?iAAEid 63 i wE?wo SHED 0o z PA DEN DEC st $F[P7 lj AUG a 3 1993 Y jj \\ ) • ?I ELEC. 4 •DR/VEr??Y NA, Tf twin 6/15 ? _ 458) /52. P ? ? .9sa? i/ql (DB d7 CPO RWY '70 SR 1113 -?? N VICIN 17Y MAP .j , I'4# /5/ NEUSE _ Ri vER ?-- SITE _ r,??1?.1168? , -SR 1114 M\NL CAI. I al RUFUS McADEN JULY 14,1993 i PAGE 4 L W E14OE CREEK /?INL 4W.a,EAD ,6NC40Jr AW 30 3Z' 00 ? d 01 ,BU?t?CNEaD 7-oP? tZ, s? S MIE'OAM ED BA SIN K5? RAMP., .. AA"of4. L/NE OFUPLANO S 2O Y J a MW /r f +-a- I ?iq,BOv? 1 - MWL N 1 + 8 BdA T 3Z'- 2' ABoyt I 1,7W L r0 31993 UU L] uV ?z A-!/FUS f IcADFN JULY )4,/993 SCALE I "--ID' PAciF- S SO' 6.5" i98OVE MW L -EX15T1lYri G/PAD,E /2'x 56' PRO1:t-`2SED CONC. 6c9,lTA2AM P 2'?,BDYE MWL PROP. BU/KHFA D - - - - - - - - - ----- MW L 3.2 Ilk BU/?'fi'EAD 59Tl NG 34 E, T11 VA 7-1.0,V SEC 7-1 oN ,91,oNE' EA.S r mac of hw4 T B,45 /N ANO 6, /09m P ?P/L/NG s N,4TVR/41- G.PAOa --Ai?4:5)vo/r ";t MOD .BIJLXf/ZoW •5if C71'N6 -MWL ,8orrell i s?cTioN Tf/?U G?c,C, BvL-KNEAO, ,BA.s?IJ SCALE p,?'r.) ? u ILA.-.._.?___ _... __.._ __.__..._ IPUF115 McADEN JULY 14, 11 93 I,'5C4tE /"= 20' PA6E 6 N y?ENDE GRJ=? k PieoR??ro ?v??'-( Cz P ? IIO 11 -?--a q ?°?fi?ED STbNES -CYPRU55 TM D STbNFS 9--cyppms TR€E - M W l.. bo I SCALE ! zo o STONES )ggooN D Cypg ?s 'TREES SC?QL r-- [M)FV-S Mc-ADEN DULY 14,1993 PAU F- 7 S?cT10N AT DISP?>5AL AREA xALE 1 It= 20 ? DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 15, 1993 IN REPLY REFER TO S; November 15, 1993 Regulatory Branch ? " Action ID No. 199304480 p Mr. Rufus McAden SEP 2 t ;19i 4100 North Rivershore Drive i New Bern, North Carolina 28560 WETLANDS GROUP ffinm Dear Mr. McAden : ?. _ WAT,? ER QUALITY SF'. i, is Reference your application for Department of the Army (DA) authorization to excavate an access channel and basin, contruct three docks and a boatramp and place riprap material on Wehoe Creek and the Neuse River, New Bern, Craven 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'nformation regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and.proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoi4bl?e, loss of waters or wetlands or provide information as to the absence of.any such -appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by November 15, 1993. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. r -2- If you have questions, please do not.hesitate to contact Mr. Norm Sanders, Washington Field Office, Regulatory Branch, telephone (919) 975-3025. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. John Parker. Division of Coastal Management North Carolina Department of Environment, Health and - Natural Resources Post Office Box 27687 7 Rat igh, North Carolina 27611-7687 D?Ir . 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. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 2855k.. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 SEP 2 4 693 WILMINGTON, NORTH CAROLINA 28402-1890 September 15, 1993 ,,,,,, K,,,. _„_„- IN REPLY REFER TO Regulatory Branch Action ID. 199304480 Mr. Rufus McAden 4100 North Rivershore Drive New Bern, North Carolina 28560 Dear Mr. McAden: On February 11, 1991, we redewed general permit No. CESAW-CO80-N-000-029 1 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received September 7, 1993, for Department of the Army authorization to excavate an access channel and basin, contruct three docks and a boatramp and place riprap material on Wehoe Creek and the Neuse River, New Bern, Craven 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. 199304480 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 a ?i Enclosure 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 OWater Quality Section Division of Environmental Management North Carolina Department of -Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535. -2- .I#' , Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 ' DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Rufus McAden 2. LOCATION OF PROJECT SITE: Lot #63, SR1168, 4100 N. Rivershore Drive, Wehoe Creek & Neuse River, New Bern, Craven County Photo Index - 1989: 128-6 @ Q-11 1984: 47-1489 @ D-10 (? ?]I D tate Plane Coordinates - X: 2602400 Y: 475300 - S SEP 1 4 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/21/93 Was Applicant Present - YES 5. PROCESSING PROCEDURE: Application Received - July 16, 1993 (Revised: 8/3/93) Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Transition/Conservation (B) AEC(s) Involved: EW, ES, PT (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - NONE (F) Type of Structures: Existing - House Planned - 3 docks, boat ramp, bulkhead, rock riprap (G) Estimated Annual Rate of Erosion: -0- Source - Observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (pier footprint) '404' 1077 sq. ft. 340 sq. ft. (B) Non-Vegetated Wetlands (pier footprint) below NWL 1125 sq. ft. 765 sq. ft. 80 sq. ft. (C) Other Highground 300 sq. ft. 21,300 sq. ft. (D) Total Area Disturbed: 25,404 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SB' 'NSW' Open: NO 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin, construct 3 docks and a boat ramp, and place riprap around 2 cypress trees. FIELD INVESTIGATION REPORT: RUFUS MCADEN PAGE #2 9. NARRATIVE DESCRIPTION: The applicant owns an approx 3.75 acre tract of land located off SR 1168 at 4100 North Rivershore Drive near the City of New Bern, in Craven County. This property also adjoins the Neuse River and Wehoe Creek, which is a small tributary of the Neuse River. The property has been developed with a single-family residential structure and associated out-building. Vegetation on the high ground portion of the lot consist of lawn grasses and various hardwoods and pine trees. The shoreline of the Neuse River is basically sandy and void of wetland vegetation. A portion of the shoreline was been stabilized in the past with a wooden bulkhead and a CAMA General Permit has recently been issued which allows for the stabilization of approx 260 linear of shoreline. Wehoe Creek can be characterized as having a wetland border' ranging from 0' to 45' and vegetated primarily with '404' type species including gum, red bay, cypress, arrowhead and sedges. The wetland areas have been flagged by a private consultant and approved by the US Army Corp of Engineers. Due to the lack of use over the years and the movement of sand in the Neuse River system, the mouth of Wehoe Creek is closed off and is no longer navigable except during periods of extreme high tides associated with storms. Upstream of the sand 'plug', water depths are approx. -3.2' to -1' NWL deep and the width of the creek in front of the applicant's property is approx 15'. The waters of the Neuse River and Wehoe Creek have been classified by the NC Division of Environmental Management as "SB" and are Nutrient Sensitive. The waters are closed to the harvesting of shellfish. The applicant is proposing to excavate the sand plug between Wehoe Creek and the Neuse River and excavate a boat basin area off Wehoe Creek. The sand plug and the adjacent shallow water separating Wehoe Creek and the Neuse River would be excavated for a distance of approx. 75' feet in length x .15' width to a depth of -3 NWL. Off Wehoe Creek the applicant is proposing to excavate a boat basin which would be approx. 15' to 30' wide x 45' long to -3' NWL deep. The majority of the basin would be excavated in wetlands except for an approx. 30' long x 12' wide triangle piece of high ground at the head of the basin. A boat ramp, 50' long x 12' wide, would also be constructed. Two (2) docks measuring 32' long x 5' wide would be constructed parallel to the basin and over wetland and high ground areas. A third dock measuring 15' long x 4' wide would be constructed within the basin. Approximately 150' of bulkhead would be installed around the perimeter of the basin and Wehoe Creek. There will be no backfill behind the bulkhead in any of the wetlands areas with the wall height proposed at 2' above existing wetland elevations. Excavation is proposed to be accomplished by dragline or backhoe with part of the spoil material being placed behind the existing bulkhead and the proposed highground bulkhead. The remaining material will be disposed on highground in the applicant's yard. FIELD INVESTIGATION REPORT: RUFUS MCADEN PAGE #3 The applicant also proposes to protect two (2) large cyprus trees in the Neuse River which are just beyond the NWL by placing rock riprap around the trees. The riprap will encompass an area of approx. 30' long x 10' wide x 2' high at the first site and approx 15' long x 15' wide x 2' high at the second site. 10. ANTICIPATED IMPACTS: The project as proposed will result in an approx. 75' long x 15' wide area of sandy shoal and shallow water bottom area being excavated to a depth of -3' NWL with approx. 125 cu. yds. of sandy material being excavated. The applicant also proposes to excavate a boat basin area off Wehoe Creek which would result in approx 1077 sq. ft. of '404' wetlands and approx. 300 sq. ft. of high ground being excavated to a depth of -3' NWL. Approx. 326 cu. yd. of organic and sandy material would be excavated and placed on high ground in various locations around the yard. A boat ramp, approx. 600 sq. ft. in size, is proposed with approx. 240 sq. ft. of it being below the NWL. Approx. 3 cu. yd. of concrete material would be placed below the plane of the NWL and approximately 8 cu. yds. of concrete would be above NWL. Three (3) docks are proposed which will provide docking facilities for 2 boats. Two of the docks will be constructed over wetlands and the remaining one will be within the basin. Approximately 150' of bulkhead would be placed at the NWL adjacent to the basin and Wehoe Creek shoreline. Backfill is not proposed in back of the bulkhead bordering the wetlands fringe but the height of the wall may impede normal flooding events. Given the design of the basin and the narrow width of Wehoe Creek, it is not known whether water quality impacts will occur with the basin construction. Wetland impacts associated with the basin construction could, however, be eliminated or minimized if the basin was shifted to the mouth of Wehoe Creek. The applicant was informed of this but wished to pursue this request in order to have a more protective basin area. In an effort to save two cypress trees, rock riprap is proposed to be placed around the trees. These trees are currently located in the Neuse River just offshore of the applicant,s property. Approx. 525 sq. ft. of rock material (approx 40 cu. yd.'s) would be placed below the NWL. ---------------- PREPARED BY: CHARLES O. PIGOTT September 3, 1993 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1.4 and 8.9 must be completed for -all projects. 1 APPLICANT , .. :M _......:::.:?: a. Name Rufus McAden Address 4100 N Rivershore Dr - City New Bern State NC Zip 28560 JDay phone 617-1071 X Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT a.. Street address or secondary road number off Gibbs Rd-SR 1166- lot 63- 4100 _N Rivershore b. City town, community, or landmark c. County Craven d. Is proposed work within city limits or planning jurisdiction? no e. Name of body of water nearest project Neuse River 3 DESCRIPTION AND PLANNED, _ USE OF PROPOSED PROJECT a. b. C. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead or pier). Dig a 36'X45' Boat Basin off Wehoe Creek Construct a Bulkhead and Basin , 3 Docks, a Boat Ramp„EXCAVATE AeXesss (5hANNEL, PLkF- _TmE S Af,'F M6 6YAPbss TREES If you plan to build a marina, also complete and attach Form DCM-MP-l. Is the proposed activity maintenance of an ex- isting pproject, new work, or both? New Work Will the project be for community, private, or commercial use? _ 1/ i_ d. Describe the planned use bf the project. - private-use LAND AND WATER iAR.ACT'ERISTICS C1 a. Size of entire tract 3.76 b. Size of individual lot(s) n a c. Elevation of tract above mean sea level or Na tional Geodetic Vertical" Datum Si t e -.. A' t o 2.5' d. SQO type(s) and texture(s)Cif trac[. Craven Silt 'Loam e. Vegetation on : tractHardwood, Pine s Cypress Gum Lawn, Gra-s, Wetland soesis, f. Man-made features now 'pn tract "A `frame house driveway, woodshed, bulkhead g. What Is tie CAMA Land Use Plan Classifies- tion of the site? (Consult the local land use plan.) ,.,. Conservation _ Transitional X.,,,. , Developed Community Rural Other h. How is the tract zoned by local governmentl none . i. How are adjacent waters .0assified? SC-SB Dr j' Has a professional archaeological survey been carried out for the tract? no If so,.by whom? 5 UPLAND DEVELOPMENT % Complete this section if the project includes any upland development. - a. - Type and number .of buildings, facilities, or structures proposed b. Number of lots or parcels n /a c. Density (Give the number of residential units and the units per acre.) n/ a d. Size of area to be graded or disturbed n a e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation 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/a Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. n / a g. List the materials. such as marl, paver scone, b. Amount of material to be excavated ,from 3 G C TOTAL Y-.__ ter level in cubic yards l b asphalt, or concrete, to be used for paved , r 6YjNGRETr- QoPAT RAMP 12- X So surfaces c. ._., ow wa e Type of material51k1-DRGAN1c-4CK6 SAND . (Z401 13ELO MWL 1 d. Does the area to be excavated include marsh= h. If applicable, has a stormwater management lan been submitted to the Division of En- e. land, swamps, or other wetlands? 5 High ground excavation, in cubic yards A-C- p vironmental Management? . A . f. Dimensions of spoil disposal area i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area. W s!rF water treatment facilities. N [A h. "`Z °"'O Do you claim title to the disposal area? j. es received state or local Have these facili t If not, attach a letter granting permission from k. approval? Q 2 Describe existing treatment facilities. i. the owner. Willa disposal area be available for future N maintenance? y?5 If so, where? 5A M E j. Does the disposal area include any marshland, 1 Describe location and type of discharges to swampland; or water areas? N D . waters of the state (for examplersurface runoff, k. Will the fill material be placed below mean RAMP + SON-49 TREES ES -CONC sanitary wastewater, industrial/commercial effluent, or "wash down"). I. . high water? Y Amount of fill in cubic yards 63.93 CY . m. ON Type of fill material GONCI:ETE aND SI n. Source of fill material TARMAC - MAIMN MARIMTh m. Water supply source NIA o. Will fill material be placed on marsh or other n. If the project is oceanfront development, describe the steps that will be taken to main- p. wetlands? XE- Dimensions of the wetland to be filled tain established public each accessways or pro- q. How will excavated or fill material be kept on ' 5EE AIT'Adit ll d vide new access. N e . site and erosion contro zTErl ? ?• o. If the project is on the oceanfront, what will r. What type of construction equipment will be be the elevation above can sea level of the used (for example, dragline, backhoe, or first habitable floor? R hydraulic dredge)? nr AUQNR ne RACkgoE__ _ 6 EXCAVATION AND FILL -5. Will wetlands be crossed in transporting equip- INFORMATION ment to the project site?,Y= If yes, explain the steps that will be taken to lessen en- a. Describe below the purpose of proposed excava- vironmental impacts. IS ATTAcNMEAIT 's Rim 4 tion or fill activities (excluding bulkheads, - - which are covered in Section 7). - Length Width Depth . D' Access channel r / -5 (MLW) or (NWL) r7f 15 r 7 SHORELINE STABILIZATION Boat basin 3Z r 30, --5.61 a. Length of bulkhead or riprap ISO +/ BuLIAMD 3S, S r - b. Average distance waterward of mean high water Other (break- PIER r r ,F or normal water level MQ LET R OF BAs?N water, pier, PIER / , -' c. Shoreline erosion during preceding 12 months,, boat ramp, PIER Z4' S - r r in feet N JA rock jetty) g, RAMP $D 1 Z - d. Type of bulkhead material PT WCOP QK PVL I I Z e. Amount of fill, in cubic yards, to be placed . Fill placed in f?AMP below mean high water ?loN E - wetland or below k3o ?T'OI'lE @ / 0 MHW f. Type of fill material N 1? c'yP. TREES !S Upland fill SD # areas PIV,5 LANDWARD 0FEXi3Ti144v BUIJICtkA-1 ? UG 04 2 1993 2 C2rvD BfM17rFb /P,FVG/??i?T s ,LU j U1.1 lei l.?]V DITIONAL:'INFORMATTON 'k I' In addition to the completed application form, the following 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 for. ward a copy of the deed or other instrument under which the owner claims Sitle, plus written permis. sion ,from the owner ta carry. out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 4i 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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard. ing 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 per. sonnel 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 com- menmon the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name Address 4102 N Rivershore Rd _ New Bern . NC 28560 Name_ ATvis Shelton Address 4202 marsh Dr New Rern. NC 28560 Name Tamps Cavenaueh Heirs Address 811 E Franklin Chanel Hill, NC 27514 A list of peievious stag, or h End pasmits' iwued for work on the project tract. Include permit rum rs per?i ee iihd issuingKdates. D, 9347 G P (10( A check for 100 made payable to the Depart. ment of Natural Resources and Community Develbpment to coverthe cbid. of processing tho application. A signed AEC hazard notice for projects in oceaw front and inlet *as. ' r A statement bn the use of pubkc funds. If the project involves the expenditure of -public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A•1 to 10). - 9 CERTIFICATION AND R ,., SION TO ENTER ON LA'NM- Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi•' tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted 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 ap- plication and follow-up monitoring of project. This is the 15 day of July 119-93 , X er or Authorized agent James David Simpson Send the completed application materials to the Division of Coastal Management Office nearest you and the US. Army Corps of Engineers. See the map on the inside front cover for'the appropriate DCM office and addresses and phone number. ( l .'7 f' AU8a'g3 s ?ll(J1C? 3 CAMA APPLICATION Attachment 1. APPLICANT Rufus,'McAden,.,...-., 103 Hillcrest Rd New Bern, NC 28560 Items: 6. q. All execavated material will be placed landward of an existing bulkhead and/or spread on an upland area on the tract. In either case, the filled areas will be fertilized, limed, seeded and mulched to prevent washing. Silt fencing will be installed as needed. SAIL WILL AL30 BE DEPCO)TED LANDWARD OF TF1OF STONE REVErMEAIT FERNIMD VMOL-K GP * 11011 . 6. s. The excavatiiag,; equipment will be positioned within the proposed basin limits. The bulkhead anchors will be dug from the same location and backfilled or covered by hand. THE ACCESS CYANNEL !N 714E MDUTN OF WENDE CCEEK WILL. BE EXCAYAtED FROM NIGH -10CdJ4D wr N A DRA6UNE OR- 6AC MOE. AGL SPOIL WILL BE LOADED DIRECTLY INTO TRXKS ON N16H 4R4WD, -MEN DEFMITED oN THE DISRbSAL SITE DN AN UPLAND AREA. ALL sPM WILL SE SPREAD AND :STAWZLD. T AUS fl rrrwwrrw ..wrrwww.+wrwwwwwrw? 1FU3 Mc-AD" , JULY 14, 1973 PAGE 8 0" . w N L u\ NG2'/G• .. d 73.35' NQG'OG'?N '2.32' NG 44 9'.9--v 7G. 70 A/ 7p'e4'vv 47.0o W 70 -c" S 75 OG /-v 64.d4. ? \ \ fiPoPosE,o ,BOf)T ILI HWY •70 SR l.11 N -!' VICIN 17y 1'''1AF I ? MWL ! t c . , y f? II.MwL E?C16 SN91Z It G }c oL° 5o1'?eegl a ta/?/?NDL,?N \ s7- SliTL INE , \ \ /?FUS M?iAAEAI V wicwooo \ SMEo PA DEN ? -$\ o ? z M ECK S T, ?? ro M - ? 7, 3' AUG 0 3-190A .. \\ Ilk ? • V Z wo. - pRAME ?I ESC. STAIRS P?r••?;a' ?`? ?E a ../59.4a? ; r y,j Y •- %. ?P.?1 ?'' 'oR/vB ? Nye TE ? ? , ? \ Joys ?/r1ENf /VEUSE . Ri vE/e SITE • s?.lles__ 1. C Oro ESP Al 13 /, a7 C D -5R 1114 lBBS iP6 MWL. liviN9 ?y1prv6s Trrt3 I?t FUS McADEN I JULY 14,01-3 1 1 PACE 4 1 W ER OE CREEK 3.2 ?BE1 v MIL Nl W 6044VEAD I C110ir AW ? f ? _BU,IKNEA,p•d d ? /S? ,BUlJCJ?EJ4D ? ?c ? ? PJ'?OJ?S.ED BJ4 SlN 1 J ?C k?? RJ4M P, _ ? BUIKH,EA D S ` 14 . 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