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
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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
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RUFUS McADEN JULY 14,1993 i PAGE 4
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[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
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