Loading...
HomeMy WebLinkAbout19940162 Ver 1_COMPLETE FILE_19940107State of North Carolina Department of Environment, Health and Natural Resources ?Y • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ED E H N R A. Preston Howard, Jr., RE., Director February 22, 1994 Ms. Dorothy G. Taylor 1600 St.Andrews Place Kinston, N.C. 28501 Dear Ms. Taylor: Subject: Proposed fill in Wetlands or Waters Maintenance dredging and bulkhead construction Carteret County DEM Project #94013 We have reviewed your request for 401 Water Quality Certification to place fill material in less than 0.01 acres of wetlands or waters which are tributary to Bogue Sound Creek for bulkhead construction located at your property off SR 1119 in Carteret County as described in your submittal dated 6 January 1994. Based on this review, we have determined that the proposed fill is covered by General Water Quality Certification No. 2665. A copy of the General Certification is attached. This Certification is necessary for coverage under Corps of Engineers' Nationwide Permit No. 13. The bulkhead shall be located as close to the existing toe of the mean high water as possible to miminize wetland fill. The design shown in the CAMA permit is not permitted. This action completes DEM's review under Section 401 of the Clean Water Act. 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, i reston Howar. Jr. P.E. 94013.1tr J Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington 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 ,t To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKIN DATE: February 8, 1994 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 94 PERMIT NO.: 94013 COUNTY: Carteret PROJECT NAME: Dorothy G. Taylor PROJECT TYPE: Dredging PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: January 6, REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501 *STREAM OR ADJACENT WATER BODY: U.T. to Bogue Sound CLASS: SA STREAM INDEX #: 20-36-(0.5) *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: SM WL REQUESTED: 0.1 WL ACR EST: Yes 1994 i WAi?ER ?'!!F:?;; i WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to maintenance dredge an existing canal, construct a bulkhead and pier. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual Certification for bulkhead construction SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 1,000 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? NO IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes 94013.Feb Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: 1. It is recommended that the proposed bulkhead be positioned at or landward of MHW in order to reduce the amount of fill required in coastal wetlands. 2. That erosion control measures be in place prior to back filling the bulkhead. 3. That spoil material used for backfill be allowed to completely dewater prior to filling. 4. That the filled area be stabilized with vegetation as soon as possible to prevent erosion. 5. That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Charles Jones John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dorothy G. Taylor 2. LOCATION OF PROJECT SITE: off SR 1119 and adjacent to a man-made canal system which enters Bogue Sound between the communities of Bogue and Ocean, Carteret County Photo Index - 1989: 160-18: 1-15 1984: 31-1184: J-19 State Plane Coordinates - X: 2602700 Y: 351600 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August, 1993 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - December 21, 1993 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: Coastal Wetlands and Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - NA (F) Type of Structures: Existing - House Planned - Bulkhead and dock (G) Estimated Annual Rate of Erosion: 1 to 2' per year Source - personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 3,900 sq.ft. 1,000 sq.ft. spartina alterniflora (B) Non-Vegetated Wetlands (C) Other 3,900 sq. ft. High Ground (D) Total Area Disturbed: 8,800 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to reconstitute a canal system by excavation and construct a bulkhead and pier. FIELD INVESTIGATION REPORT: Dorothy G. Taylor PAGE #2 9. NARRATIVE DESCRIPTION: The applicants property is approx 1/2 acres in size and located on a dirt drive off the east side of SR 1119 near the communities of Bogue and Ocean, Carteret County. The property is located in the Live Oak subdivision and adjoins a canal system which enters Bogue Sound. A residential structure is located on the lot with the remaining property consisting of a grassed yard area with elevations of approx 8 to 10' above mean sea level. In the early 60's, a canal system was excavated into the subdivision which resulted in the applicant's property being bordered on the east and south sides by water. Over the years, the canal system in front of the applicant's property has filled-in to the point where the entire area has established itself with a significant amount of spartina alterniflora vegetation. This filling-in can be attributed in part to the erosion of the applicant's shoreline bank which is approx 3 to 5' above the elevation of the adjacent wetlands. This shoreline bank area is irregular and shows signs of moderate to severe erosion. A review of aerial photography shows that in 1984 the canal system in front of this property was "water" whereas in 1989 it appears to be "dry". A general permit was recently issued to the downstream property owner which allowed for the maintenance excavation of his portion of the canal to Bogue Sound. All of the properties downstream and across the applicants property have been bulkheaded. The waters within this canal system have been classified as "SA" and are open to the harvesting of shellfish. The waters of Bogue Sound (which are approx. 250' downstream from the applicant's property) have been classified as "SA-ORW" and are also open to the harvesting of shellfish. The applicant is requesting a permit which would allow for the reconstitution of a portion of the canal system and the construction of a bulkhead and dock. Plans included with the application show the proposed excavation of an approx 150' long x 30' wide area of coastal wetlands to a depth of -3' MLW deep. The excavation is proposed to be accomplished by the use of a dragline with the resultant spoils being placed in two different areas on adjacent high ground and behind a proposed bulkhead. This bulkhead would be approx 200' in length and would be approx 1 to 10' waterward of the existing high ground bank (putting it entirely in coastal wetlands). A pier would also be constructed in the canal. 10. Anticipated Impacts: The project as proposed would result in the excavation of approx 3,900 sq. ft. of spartina alterniflora wetlands with approx 580 cu yds of material being removed and placed within two spoil areas on adjacent high ground and behind a proposed bulkhead. It would appear that the design of the spoil areas or the volume available behind the bulkhead may not be adequate to allow for the disposal of this material. Turbidity levels during excavation activities will be elevated but could be minimized if a silt curtain was installed immediately downstream. The proposed bulkhead alignment would result in the filling-in of approx 1000 sq. ft. of spartina alterniflora. While it may be impossible to eliminate all wetland filling because of the irregularity of the shoreline, it could be minimized with an alignment closer to the existing bank. It should also be noted that the excavation activities associated with this DOROTHY G. TAYLOR REPORT PAGE #3 project will allow for the increased use of the canal system since at least two additional properties will be provided with water access. If the applicant is successful in obtaining a permit for this project, it is not known if the adjacent upstream property owner will request for the continuation of the canal excavation. PREPARED BY: CHARLES S. JONES JANUARY 4, 1994 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name 'Do Ro-s!?`l C7 -? H`? L-v ra- Address /(vDO ST AWD 24-05 PLAe.8. City _K 1 QS `4-O A) State ? G zip-:?,s 5V 1 Day phone q1 19 - 677a3 -S Landowner or Authorized agent b. Project name (if any) N A c. If the applicant is not the landowner, also give the owner's name and address. NIA 2 LOCATION OF PROPOSED PROJECT a. Street address or secondaryroad number ?e? B AQ ) 1VD A D b. City, town, community, or landmark , L%\/ f- 0 A!C Cav f- Swbcd,y t s i .J c. County G ARTEtQ-E-T d. 1s proposed work within city limits or planning jurisdiction? t? c e. Name of body of water nearest project C? o F u.k.. So ?.?. v 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). C,oySTR-utT" ZODl' Ot". &ft _C.QN Pu.L_r MKi"-f-V aaCe /exC.AV0.?ro A) IN A MAN-MAD CA yh. 6a. iL? Pr T 1 1t L o c r? If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? D off. - Ps uul AO a P t E 2 (N?,.?) w+Ai?u..,,?.,e. &.1(Lplva?-?o ? (p LDS c. Will the project be for community, private, or commercial use? PRIye4- 4r e- d. Describe the planned use of the project. Tkux1(1ea1 ao PJ CA ptg(cL:?- )JUM U10 s!0 0 C !Awh%- AW MAC tya-??cr ???ccL•?n?1 io> AU-Mr. M A?y .)n fro byC 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract .5.2 A C-2t-. b. Size of individual lot(s) 9SJ X t%JI c. Elevation of tract above mean sea level or National Geodetic Vertical Datum "S Er- P L A-c d. Soil type(s) and texture(s) of tract CA. PTLPXT 5A+iD e. Vegetation on tract _ 1oab?G p k/ LALo V VAP. %" -rype- V" e-i'" -i o o CA?1 ?t L f. Man-made features now on tract 2-6e?too.h 'FQ*n,e PC g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rurals ?- . h. How is the tract zoned by local ove ? ent? N /A g i. How are adjacent waters classified,?1 --------- j. Has a professional archaeological survey been carried out for the tract? ND If so, by whom? -frivol yes rh RIU4-e%laa.t?e_ 12/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed hi /A b. Number of lots or parcels NM c. Density (Give the number of residential units and the units per acre.)_ N lR d. Size of area to be graded or disturbed NIA e. If the proposed project will disturb more than one acre of ]and, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N //} f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. id A g. List the materials, such as mar], paver stone, asphalt, or concrete, to be ?ed for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Di ision of Environmental Management?_ 1i1?A i. Describe proposed sewage disposal and/or waste water treatment fac >es. > ?A m. Water supply source _ 9//} _ n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways ?? vide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NNVL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW j. Have these facilities received state or local approval? Upland fill N ) A areas k. Describe existi atment facili k It,. mount of material to be excavated from below ater level in cubic yards !? A 5 44AS C.kbed of material _ C,&* f_Q_4.T SA N D __ tiDoes the area to be excavated include marshland, Describe location and type of discharges to waters of 'swamps, or other wetlands? the state (for example, surface runoff, sanitary W 5 110 sq.?kv-C '? eGt wastewater, ind t a]/commercial effluent, "wash down"). r`A e. High ground excavation, in cubic yards 06FJe- 2 , ? f. Dimensions of spoil disposal area 4t7, X XV I g. Location of spoil disposal area lAx6 A G 12o?.x1 AA ?zr a o loo K.s - h. Do you claim title to the disposal area? t'1 E S If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? 14 f':5 If so, where? _!:t>Qw%e Ln A-N-t o 0 j. Does the disposal area include any marshland, swamps, or war areas? O 'tJ k. Will the fill material be placed below mean high water? NA 1. Amount of fill in cubic yards m. Type of fill materi al f)M n. Source of fill material nl f & o. Will fill material be placed on marsh or other wetlands? lJ /0 p. Dimensions of the wetl d to be filled N6 q. How will excavated or fill material be kept on site and erosion controlled? 51 t_T FICua, A*X otz t?i1?t bales _ DeQV e..?r? ? u a R-k.N - D ?- r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? WAG L, L 4, s. Will wetlands be crossed in transporting equipment to project site? lU D If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap ZV O? b. Average distance waterward of mean high water or normalwaterlevel 3' c. Shoreline erosion during preceding 12 months, in feet 5 d. Type of bulkhead material P2t.s5 u_2 71D.00rea e. Amount of fill, in cubic yards, to be placed below meanhigh water O / A f. Type of fill material P.Ift 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line 20 prints or other larger plats are acceptable only if 0 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 1 1) /RQ Name B F Sc w6orduo,? R. Address k,ou* t bm305 l+to rQ+o?.l , N.C. 0-25:15k Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pe.rmittee, and issuing dates. or ,moo A check for $l4made payable to the Department of Environment , Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and hAet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to tNs permit application and follow-up monitoring of project. This is the 15- day of O c-?y gF-2 , 19 9 5 X `?) cs? +b a.,, I -'J Landowner or Authorized agent j...I i_, 1 ? - r OCT 2 3 1a?? L_,D-u ?? A c r440-t-) 5-TAWN h)&- oVJ MY MOT Hb` 3 ' L oo,? I rn16- Dw?f 704?v?CQ ,606ur SC-4P/P l- 00411`X, 134GK 70 wv???5 806-tA.r s Ti4G 13hck d? 3 C?_ y p WKJLL L oT. V? ??? o< C Avi9 f L.vob> P mrrp, N OV 1 5 1993 RC6uC- 57nuw-0 T i i ti -Dpfe Design PH l W P / p app ) _ Zojop L-. Sheet 0193 of Check Job v11r-I4.11 MAe ' For D O 'y Y`,°? Job No. TY P -P - 1 ,"AEATD SECTION u 1\ I • ?- Ocea 10? ?) ??0 - P tti 'San - - o a• OC, a " o ?O ° u " m u G p 1pl u u D beacon 0 1 I Dayheacon s .?i? / ? Pjea - •_? _,.?. ii 20 ?j fPy poi ( i C.) •? \ ; , Pgcr oDaybeacon L f / T ? % 5?' v? ' -r5 Sanders P( d t I E. ? L 6 l Sa e $ P1 \ ?• (C% \ J ? aybla? Daybeacoo r.. Plea V Lovett Island 5 ;? SOoa t lG N by MAP ? ' Light a 11" It to SwnNsec p n ?jA?-rtPS PAT4+ GUWAOLE ?Lt (a=ZdOb 4 P? p(ER? ?5' QuAALAN?E i -7,5f wVt' . U1-h ?&AP ? 7-6 rnlNvrL uu:oi MAP i e _ .• ?IAL?E'S I ••v f.?c?al??b PEinIK \ / P? ??? =,' to mrl a col OTC. DEAD N 2 freYY ? - 1 \ , ?, IWO w Z >< 1o PT V-&?)O',E ?£ETi?I? Y}s-!_" x/ ' x17 f?TPiuNt,. ?' O • C. TYPICAL- &0?6 ?T104 OF 'Peofn%t) 1?W11\Pt?1?f? cEoL-uo 'i BU(,VK¢AD Z: oc4 Z. ?jCa?: HoUz, 3 i. Z I _, ?yvcr(HH?G ®- o_ - 1.1 A - ( 1'KaPb?,E v ? 'I _3 ?Ty ?UL ) 3 11 -W"+ BULK?+EAv B ? '1 6 1 I m? 3 I DEC 2 1 1993 ? \?\?xIN? (? II??? E.,usr,?,c, bO kNEADI ?I But1414A0 ? 11 i 1 , ? 1? 3cw4 Oda- BfJTDA I E7- xasTW& ft"WEAV 1 4 *%.w .o - - - -rrlC c - ' ?-- UlF:7fw1. Q ' ?ov?kD $uIKHERD g 140°° %4AUS T I 00 X +SZ 'fArLcp) 1` f acc?o?c o i I? p I I Spay j I P 5?, ? i t ? Sr*f. ? ? 5i'4- ? 1 1 t ? I 1 1 i I 1 i i j?cyaoTHY G. i A??g S ITT-- RA-4 OAV? ow.ts?+iP GtE I = ?APTE? r f.Je 1`j °193 PB,wr CeEg t.Y-TN AA6N ) 4,f v , 6D,44 R" 15W.- iz• t- 93 4 M' . ?l'E?/arroUs IbAgO o., MSL IATIM LFb"04 ?mw ? SOUND (-E4A.4o J tc c 46 Ewxi4t, BulKHtAA X -3.0 EMW"o SfoT Ut,4. - G 'SELTwA L,NE 'd (:XISTWL,, MA240 "PIS ?'? PpcFos?Q ac?cx,,•u. SEAM A blf- OAK ?ovE S?ea?rKaH r'\ rfr?TT D E C 2 1 1993 \. -- - 1 Date Design 5j?eet 202 N. Fifth Ave. 9 Of Check Job For Job No. 1 ` '? +J? Bu?wMt, C,ovf = "'? FaAm FL Tl4nap4 hs aquirtfn pfwb?ko Doak I7t ?j Kr loll. .A I ?. tib I ------- z 1.1 f3Al?rL __.. z 1 << 14A9-lES ?*t PLAY 6Po1L 1715Posn? AFtE+? ?? DEC 2 1 1983 ,i key 469 11?? ?aed G°, , xe 055?l lox, 4 aa 001 Wiio?i ,t ?ra??L to? z?k??ati?? ?k??-d,?, 3?, 199 v U t,, t; 4011" A -I- 16f 4 3 cc 4 --a- Ex?sr? guu?+Egv L?E+cEma?J ??r •' V ?l?fc(??Tt?•' •? r-1? r ????v ?/ "?'?? µ?1?Ijr CNANa?Ejv CIO$ .. '•r i 3,O 5OUND D $uUtH4A0 ? `+'?'?• BucISHLAp All( I Ex?x, ' ? ? y 1 1 SFo Exi T -owl tt ?7-? U l?? N ? x +aZ Sw?E i ?? pin r ? T rLz5 a .? i 45 X4 I ? P?oyc a l d' ? I i S r'f j 5''i j , C??^' I X -3.0 Eml-T", ybr Uiv 1 j t-- j 6ec•KAA wjE S lTr_- PLR., ?? OFIV? &F TEFtr ^'1 MC N N ctl 19 ?3 / S?? A PNIUk GzEeQcYT 1 S?eDiIKo? km (No?TM ?}?[ayA R" I&AV: li• [• 93 E?t?ATas P,asto o,,, N1St. Dawn DEC 2 1 1993 s' 9 ?50 Ivjl N o? V .. 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 2. 3. 4. 5. APPLICANT'S NAME: Dorothy G. Taylor LOCATION OF PROJECT SITE: off SR 1119 and adjacent to a man-made canal system which enters Bogue Sound between the communities of Bogue and Ocean, Carteret County Photo Index - 1989: 160-18: 1-15 1984: 31-1184: J-19 State Plane Coordinates - X: 2602700 Y: 351600 INVESTIGATION TYPE: CAMA & Dredge and Fill INVESTIGATIVE PROCEDURE: Dates of Site Visit - August, 1993 Was Applicant Present - Yes PROCESSING PROCEDURE: Application Received - December 21, 1993 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: Coastal Wetlands and Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - NA 7 (F) Type of Structures: Existing - House Planned - Bulkhead and dock (G) Estimated Annual Rate of Erosion: I to 2' per year Source - personal observation HABITAT DESCRIPTION: [AREA] DREDGED FILLED Ji`1i? 2 0 WETLANDS WARP Q11101Y 5I Cfi' OTHER (A) Vegetated Wetlands 3,900 sq.ft. 1,000 sq.ft. spartina alterniflora (B) Non-Vegetated Wetlands (C) Other 3,900 sq. ft. High Ground (D) Total Area Disturbed: 8,800 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to reconstitute a canal system by excavation and construct a bulkhead and pier. 4 ? FIELD INVESTIGATION REPORT: Dorothy G. Taylor PAGE #/2 9. NARRATIVE DESCRIPTION: The applicants property is approx 1/2 acres in size and located on a dirt drive off the east side of SR 1119 near the communities of Bogue and Ocean, Carteret County. The property is located in the Live Oak subdivision and adjoins a canal system which enters Bogue Sound. A residential structure is located on the lot with the remaining property consisting of a grassed yard area with elevations of approx 8 to 10' above mean sea level. In the early 60's, a canal system was excavated into the subdivision which resulted in the applicant's property being bordered on the east and south sides by water. Over the years, the canal system in front of the applicant's property has filled-in to the point where the entire area has established itself with a significant amount of spartina alterniflora vegetation. This filling-in can be attributed in part to the erosion of the applicant's shoreline bank which is approx 3 to 5' above the elevation of the adjacent wetlands. This shoreline bank area is irregular and shows signs of moderate to severe erosion. A review of aerial photography shows that in 1984 the canal system in front of this property was "water" whereas in 1989 it appears to be "dry". A general permit was recently issued to the downstream property owner which allowed for the maintenance excavation of his portion of the canal to Bogue Sound. All of the properties downstream and across the applicants property have been bulkheaded. The waters within this canal system have been classified as "SA" and are open to the harvesting of shellfish. The waters of Bogue Sound (which are approx 250' downstream from the applicant's property) have been classified as "SA-ORW" and are also open to the harvesting of shellfish. The applicant is requesting a permit which would allow for the reconstitution of a portion of the canal system and the construction of a bulkhead and dock. Plans included with the application show the proposed excavation of an approx 150' long x 30' wide area of coastal wetlands to a depth of -3' MLW deep. The excavation is proposed to be accomplished by the use of a dragline with the resultant spoils being placed in two different areas on adjacent high ground and behind a proposed bulkhead. This bulkhead would be approx 200' in length and would be approx 1 to 10' waterward of the existing high ground bank (putting it entirely in coastal wetlands). A pier would also be constructed in the canal. 10. Anticipated Impacts: The project as proposed would result in the excavation of approx 3,900 sq. ft. of spartina alterniflora wetlands with approx 580 cu yds of material being removed and placed within two spoil areas on adjacent high ground and behind a proposed bulkhead. It would appear that the design of the spoil areas or the volume available behind the bulkhead may not be adequate to allow for the disposal of this material. Turbidity levels during excavation activities will be elevated but could be minimized if a silt curtain was installed immediately downstream. The proposed bulkhead alignment would result in the filling-in of approx 1000 sq. ft. of spartina alterniflora. While it may be impossible to eliminate all wetland filling because of the irregularity of the shoreline, it could be minimized with an alignment closer to the existing bank. It should also be noted that the excavation activities associated with this DOROTHY G. TAYLOR REPORT PAGE #3 project will allow for the increased use of the canal system since at least two additional properties will be provided with water access. If the applicant is successful in obtaining a permit for this project, it is not known if the adjacent upstream property owner will request for the continuation of the canal excavation. PREPARED BY: CHARLES S. JONES JANUARY 4, 1994 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name f2oTW? G Tp , L_J0 r?_ Address Peoo ST #)tJD 2f_w5 PLc)c. . City _jK$_,?o ?J State C- zip. _ g.50 1_ Day phone q1 I I - 5a3 Landowner or __ Authorized agent b. Project name (if any) _? A c. If the applicant is not the landowner, also give the owner's name and address. x ?oA IF If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Dail. - (6L OOAt p .4- P IjfL(Nf2) ?'?!A???l kN.-.•t e SKC.AVa.Ario 0 (o LpJ -- c. Will the project be for community, private, or commercial use? P R kV d. Describe the planned use of the project. ?k?kC?.eab ?O (JM 0-k `rv (a-,t M ¢ f20 s[ o J - P iC Q. 40 6 A_,e 0 rsa l Q ui-s s 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract .5.2 A C- 2f_ 2 LOCATION OF PROPOSED PROJECT a. Street address or secondar ? road number b. City, town, community, or landmark LWC DAK Co0f__ ?c?barvisru? b. Size of individual lot(s) -_g_S_ X SS• _ c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 5 ef- P 1- AT d. Soil type(s) and texture(s) of tract - c_AP,T SAND e. Vegetation on tract _CQr.4,a ".e?_.i) N Lf?wA.1 A0. ow.S Type U e?L4d _ o CAA A -- f Man-made features now on tract _ Z -e)",c-oom FRnroe, What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) C. County C A lZr&Q. E.,7r - --- - g. d. Is proposed work within city limits or planning jurisdiction?__- h/O c. Name of body of water nearest project u. %/ 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Conservation Transitional Developed Community -- ---- Rural -Qtl?er_ ,- IIow is the tract zoned by local gov'crnment? How are adjacent waters classified?, llas a professional archaeological sun?ey been --".._---- canied out for the tract'? __ ND If so, by whom? 1A1 V O V C?______?1 PI I N ?G V4 ?.Lf?Cs??4 14! U .-._ h a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or- pier).- CIA STR?cT nZvAo ----p_?? t EAv 0-le 04Ae 12/89 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures -- b. Number of lots or parcels -_--__A) c. Density (Give the number of residential units and the units per acre.)_._-- d. Size of area to be graded or disturbed NSA e. If the proposed project will disturb more than one acre of land, tie Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been subipitted to the Division of Land Resources? .- _--!?JR.- f. Give the percentage of the tract within 75 feet of' mean iugh water to be covered by impermeable surfaces, such-as- pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be u, ed for paved sun-faces. h. If applicable, has a stonnwater management plan been submitted to the Di lSion of Environmental Management? I? i. Describe proposed sewage dislxlsal and/or waste water treatment facili les. in. Water supply source _ I0- ------- ------ n. If the project is oceanfront development, describe tic steps that will be taken to maintain established public beach accessway?s/orrprovide new access. o. If the project is on the oceanfront, what will be the elevation above lncan sea level of the first habi?abl.e. flooI ? _ 6 EXCAVATION AND FILL INFORMATION a. Describe below the purlx)se of proposed excavation or fill activities (excluding bulkheads, which arc covered in Section 7). Length Width Depth Access channel (MLW) or (NWIJ Boat basin Other (break- water, pier, boat ramp, rock jetty) i i 9.0 --?-- -- 3 - l ill placed in wetland or below M11W ------- ----- -------------------------- j. Have these facilities received state or local approval? P and ' --- N?f} - areas - - -- -- ?_ ..e - - - b.' Amount of material to be excavated from below k. Dcscnhc exlsting t'CatlllCllt facilll JSi watei level 111 cubic yards 0..45 C-L"OeA 414 ype. of in aterial ___Ga ?Q4rT _S?,?Q-- ocs the area to be excavated include InalshI'll d, 1. Describe. location and type of discharges to waters of swamps, or other- wetlands? 11-ic, state (f'or example, surface runoff, sanitary ---_-I?e 110 _ Se? ?.?rC -.'.?_ect - -- waslcv,atcr, indtpl al/commercial eff Bent, "wash down") c. lligh s;round excavation, in cubic: yai -ds f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in 4o' X Zo' feet 5' a. Location of spoil disposal area R%6 t? G 12o??t1 d. Type of bulkhead material P2?s5 ??Rt_ "?k }ea ,AAA %-L( ,2 0T 40 loo tiS_e - h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner, i. Willa disposal area be available for future maintenance?_ t,f re.S If so, where? _ gptrtia 1-0 e Arlo ?J j. Does the disposal area include any marshland, swamps, or water areas? IJ D k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards 0//4 in. Type of fill material n. Source of fill materi al ._ 11l f _ o. Will fill material be placed on marsh or other wetlands'' !j / /:? p. Dimensions of the we ?rndto be filled q. I-low will excavated or fill material be kept on site and erosion controlled? 5 r ?-I_t= ??? ? ?. ocz b«.I cs ---- r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?_ ZM"rwf, -- s. Will wet] ands be crossed in transporting equipment to project site'? AJ D If' yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level 2 /,1O e. Amount of fill, in cubic yards, to be placed below mean high water _ O f A f. Type of fill material 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of die deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x l 1 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 20 prints or other larger- plats are acceptable only if #R high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. I - - ------_-- _ _-_-_-..__..--w 1 Name $F_ Scrw-?o?zu ?Z_---- Address _ ? _ ?gax 05 _ _._ Name Address Name /Address -- -- --- A list of previous state or federal perrnits issued for work on the project tract. Include permit numbers, pei-mittee, and issuing dates. A check for SIM made payable to the Depallment of Environment , Health & Natural Resources to cover the costs of processing the application. A signed AFC Hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the. expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in die permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the IS day of C-kc 6f-fZ 19 q 3 X _? I Landowner or Authorized agent OCT 2 9 1°Q3 .............. ....? 12/I-,9 Dpte Design PHjWP / i? LS Sheet Of Check Job MAP For Job No, TY P ^?- P?ucl-cN?at? ?SE.CTia.} D°gm?uy ?• ? a Yom, Oceag ,i p / ? i J a \? ? t b 7p,L Daybeacon o ?--'" i- •1'C. p o C? i err / i Dayheacon r-? Ze ill - - / , U ??•? ?oDaybeaco ' ITE Sanders l . f P PC Sande s P,t ?? 1 ?r ? .. (C)L\ \ DaybpaEor)? Daybeacon J; \ o -F Daybeacon Pea Lovett l ?y o Island \ %? P??? .. t IC! IN ?AP ra (C)hA „ WANSBMoSAMA PA'r'4 QuA ,abce (1910 --?CALC R?. -T,S minlutC US(- /`WP P1 E. Qu AOrLAgfiLC 7.5 rnwvrL uSGe- MAP EcLSnu, ?' w g BA?-IK ? A KF??L 1 (.w6) 1\ SC? 0.0 b ?? i(??Pob>rn EOE??I? PrT v.?I{A?% DF, KID"'?Ip` Ucr DEPrH C_ - ? ?MLW? P•r V- ('?E PTPruML? L O . C. C?rS 5e-O-TIC'kA OF t'?Ofn` D /?\A 11\TS?.IA?IC.E ? L?vr?J? ?uCt?N?eAD 51 ,- OF--t 3 ?+ z ? . I I? I KoPD?„E P ' I -Z D KeDw+.,? -3 C_T-Y P+cA? 3 II z .?.? ?? E?uyrirJv ?? BuLK?+EAv 11 ? I I -L I I I7'1 fT-1 n 3 DEC 2 1 1993 EXISTIN(a I ? ?i.??- Ex+Sn?.u. I - o B?u?(HEAD II ? Buc.ltitfEAO JI ? _Z 1 1 1 1 / 11 t 1/?DI?IU QVA,ITrtU ?Z?j Jp3 ('SE?Tbrl A-A To C'?) E,XISTtt.1?? PalKtfHEAV .10 ? -ON- D ? -mop--- EAISrimi, r PPPPW?O &LK14EPO ® N 400P 1 \IALK ? Ex?x I 15Ffl >=x?5r?.w---? T oc .Q v Pa?o?c b i (r? ee P o I I I SP?? ? I 5?.c. ? ? I 5n? j ( 5? I I I I I 1 1 ? ? I ? I II I r I it 1 I i Il ? I 1 P J ?' I $?LKhE R D ? I i I L ??TH A S IT-,E I LR,4 1 PN Iw P G??cY-?-, o, I 1 1 6+ I NaCY?+ G+aawA R15tio. 12. ?3 " OTC, ELtVprious MSL Doman f/-r-c"?4 -7 19?4 ± -? Boc?E '? 0 5ow?p r 'o 0 \^C 1J LEL-6?4o E XI Sri Ella BooSHtAD X -3.0 Emwl", SfbT at* 43 -- 5 ECT ?dJ LI M E EM6Tµ1L,? A&AeSo (_ g m!5s PQOFk?P D[?IX,?,?l. ?ECTn1? LlYe OAK ?ovE 0 D E C 2 1 :_-xjj A C3ate Design 202 N. Fifth Ave. Sheet q Of Check Job For Job No. p,r, ?oUc Z +?C3 mw Tb ?? Bu??clb coof _ ?^? Flrrta? A, IC?qu,rt?o ?Pla ?`1c o ? '` k ? ?Ois ?J?cT tors{ + d. Z- gtaia- ( y I f-,,c r7a tti ) ( 5 Xr (_o4t- \t IP?cA0 I I z 1 ? II EIkV? gam} I -Flo LaL- ?Po 1 Sposn? 4r!jA E r 2 1 1993 ' I? DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS JAN 121994. P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 January 7, 1994 WETLANDS GROIIP IN HEFLY HtFtH I U Regulatory Branch Action ID No. 199401131 and General Permit No. 198000291 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 Ms. Dorothy G. Taylor for Department of the Army authorization and a State Water Quality Certification to excavate a canal, construct and backfill a bulkhead and construct a pier off Bogue Sound, Live Oak Cove Subdivision, Carteret 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 March 7, 1994, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4725. Sincerely, V a ne Wr' g t Chi Regul ory Branch 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 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 s DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General permit No. SAWC080-N-000-0291 Name of Applicant GENERAL PUBLIC Effective Date February 11, 1991 Expiration Date February 10, 1996 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby re-issued under authority of the Secretary of the Army by the District Engineer Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 To authorize those construction activities that receive prior approval from the State of North Carolina in the form of the following authorizations: 1. Coastal Area Management Act (CAMA) Permit. 2. Permit to Dredge and/or Fill. 3. Water Quality Certification (Section 401 of the Clean Water Act). This general permit applies in Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington Counties, North Carolina, U.S. Army Engineer District, Wilmington. 1. Operating Procedures: a. Applications for State and Federal authorizations will be accepted directly and simultaneously by both the North Carolina Division of Coastal Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps). Receipt of a complete application by the NCDCM will initiate field review to T . -2- include a site visit and preparation of an Environmental Consultant's Field Report. Receipt of an application by the Corps will initiate Federal review. Immediately upon receipt by the Corps, an application will be assigned an identification number, acknowledged, and the appropriate Corps Area Coordinator will examine the application to assure that it can be processed pursuant to this general permit. The applicant and the NCDCM will be furnished written notification of the Area Coordinator's determination. Notification to the applicant will include a brief description of the administrative process. For those proposals which may result in a discharge into the waters of the United States, the North Carolina Division of Environmental Management (NCDEM) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with Section 401 of the Clean Water Act. b. The NCDCM Environmental Consultant's Field Report will be furnished by the respective NCDCM Regional Offices to the Corps. The Corps will provide copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the U.S. Environmental Protection Agency (EPA). Receipt of the Report will initiate the Federal agencies' review. The agencies will be provided sufficient time by the Corps, normally 30 days, before their comments or recommendations, including any recommended modifications or conditions necessary to make the proposal acceptable, must be received by the Corps. Should the agencies not comment within the review period, it will be assumed they offer no objections. Extensions of time will be granted for agency review only if justified by unusual circumstances. If an extension is granted that would delay a NCDCM decision by the date on which an NCDCM decision must be made, the application may be removed from this general permit. c. The permit review process conducted by the NCDCM is a public process involving public notices in local newspapers, public hearings, and various public appeal procedures. In order to further inform the public, the Corps will distribute, at intervals of approximately two weeks, an additional public notice listing those permit applications received and being considered by NCDCM and the Corps of Engineers under this general permit since the preceding notice. The notice will invite, for a period of not less than 15 days, public comment and/or requests for additional information and for public hearings. All comments will be considered in the overall State/Corps decision on the permit. d. This general permit does not, in any way, alter established procedures or responsibilities, as required by Federal laws, memoranda of agreement, or administrative regulations with respect to the Corps' coordination with the review agencies. The applicant will continue to have the opportunity to rebut objections to the proposal. -3- e. After agency comments are received, they will be reviewed by the Corps and a coordinated Federal position will be prepared and furnished to the the NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field Consultant's Report. The coordinated Federal position will include all conditions (including recommendations for denial) recommended by the three Federal agencies listed in paragraph b. (above) unless a changed or omitted condition has the prior written agreement of the affected agency. f. In those cases where the Corps does not concur with conditions or recommendations of one or more of the three listed Federal agencies, no coordinated Federal position will be furnished to NCDCM until and unless Federal agency agreement has been reached including, if necessary, entering into the referral procedures outlined by current memoranda of agreement between the Army and the respective agencies. The three agencies will be furnished a copy of the coordinated Federal position at the time they are furnished to NCDCM. g. If the conditions (including recommendations for denial) from the review agencies are unacceptable to the NCDCM, the NCDCM will contact the Corps within 10 days of receipt of the Federal position to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal agencies, the provisions of paragraphs e. and f. (above) will apply, including the procedures of the memoranda of agreement, if appropriate. If the conflict is resolved to the satisfaction of the Corps and other affected review agencies, the NCDCM permit will be issued and the authority of the general permit will apply. h. If the conflict is not resolved within the time necessary for a decision by NCDCM, NCDCM may proceed, independently, to conclude the State action without inclusion of the Federal position. In this case, the applicant and the NCDCM will be notified immediately in writing that the State permit does not satisfy the Federal permit requirements and that the project in question may not proceed in the absence of Federal authorization. i. If the coordinated Federal position is not in conflict with State agency positions, law, regulation, or policy and is otherwise acceptable to the NCDCM, a State permit will be developed by the NCDCM fully incorporating the State and Federal positions. Copies of the permit will be furnished to the applicant and the Corps. When required, a copy of the Section 401 Water Quality Certification will be furnished to the applicant and the Corps. Issuance of both the NCDCM permit and the NCDEM 401 Certification, if required, must precede validation of this general permit by the District Engineer or his representative. -4- J. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that Federal authorization is also denied. k. Following issuance of a NCDCM permit, the project will be monitored by NCDCM personnel and inspected for compliance in accordance with normal NCDCM regulations and procedures. Monitoring and periodic evaluation will also be conducted by Corps personnel. If at any time a violation of the NCDCM permit is discovered which would also have been a violation of the Federal position, enforcement action may be taken by both the NCDCM and the Corps in accordance with their respective regulations and policies. 2. General Considerations: a. All activities identified and authorized by this general permit must be consistent with the terms and conditions of this authorization. Any activity accomplished, but not specifically identified and authorized herein, may constitute a violation of Federal statute and result in legal proceedings as may be considered appropriate by the United States Government. b. All activities authorized by this general permit which involve the placement of dredged or fill material in waters of the United States or ocean waters shall be consistent with the water quality standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413), and applicable State and local law. To assure preservation of water quality, before any work is authorized by this general permit, a property owner, if required to do so, must apply for and obtain a Water Quality Certification from the NCDEM in accordance with Section 401 of the Clean Water Act. c. This general permit does not authorize any activity which might affect a threatened or endangered species as identified by the Endangered Species Act (16 U.S.C. 1531) or adversely modify critical habitat of such species without consultation with the USFWS. d. When using this general permit, a property owner must make every reasonable effort to prosecute the work in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. e. When using this general permit, a property owner must prosecute the work in a manner so as to minimize any degradation of water quality. f. A permittee will allow the District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed in strict accordance with the terms and conditions of this general permit. -5- g. The property owner will maintain any structure authorized by this general permit in good condition and in accordance with approved plans and drawings. h. This general permit does not convey any rights, either in real estate or material, or any-exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain any other Federal, State, or local assent required by law for the activity. i. Authorization provided by this general permit may be modified, suspended, or revoked in whole or in part if the District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Modification, suspension, or revocation may occur as a result of the evaluation of the permitted activities and their individual or cumulative adverse impacts. Unless subject to modification, suspension, or revocation, the term of this general permit will be 5 years. Any modification, suspension, or revocation of authorization will not be the basis for any claim against the U.S. Government. J. If subsequent to performance of the work, should any information or data furnished by the applicant prove to be false, incomplete, or inaccurate, the authorization may be modified, suspended, or revoked in whole or in part, and the U.S. Government may institute appropriate legal proceedings. k. There will be no unreasonable interference with navigation or the right of the public to riparian access to navigable waters by the existence or use of the activities authorized by this general permit. 1. A property owner, upon receipt of written notice from the District Engineer of failure to comply with the terms and conditions of this general permit will, within 60 days, without expense to the U.S. Government and in such manner as the District Engineer may direct, effect compliance with the terms and conditions or return the worksite to prework conditions. m. This general permit does not apply to activities that would adversely affect an area listed in the National Register of Historic Places or an area which the Secretary of the Interior through the keeper of the National Register of Historic Places would determine eligible for inclusion in the Register. Proposals under this general permit will be furnished by NCDCM to the State Historic Preservation Officer for his comments prior to final permit activity authorization. Also, this general permit does not apply to activities proposed to be located on wild and scenic rivers established pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1278). n. This general permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled -6- to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. o. Any work performed in any area under the regulatory jurisdiction of the Corps which does not comply with the terms and conditions of this general permit must have prior approval under the customary regulations administered by the Corps as found in 33 CFR 320-329• 3. Conditions and Procedures: a. General. The aforementioned, detailed Operational Procedures apply to construction activities that, prior to issuance of this general permit, required State authorization in the form of a Coastal Area Management Act (CAMA) permit for major development and/or a permit to excavate and/or fill and Federal authorization as required by Section 10 of the River and Harbor Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 CFR U.S.C. 1344). b. Application. Any member of the general public proposing to accomplish construction activities under the authorization of this general permit must submit an appropriate, complete application with drawings to the Wilmington District Engineer and the appropriate regional office of the NCDCM. c. Validation. No work may proceed under this general permit until and unless the District Engineer or his representative provides written validation that the procedures and conditions of the general permit have been satisfied. 4. Exemptions: a. This general permit will not be applicable to proposed construction when the District Engineer believes that authorization may be warranted but that the proposed activity would significantly affect the quality of the human environment. b. This general permit will not be applicable to proposed construction when the District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historical, cultural, scenic, conservation, or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273); those proposed for inclusion as provided by Sections 4 and 5 of the Act; and wild, scenic, and recreational rivers established by State and local entities. (2) Historic, cultural, or archaeological sites listed in or eligible for inclusion in the National Register of Historical Places as defined in the .4 . -7- National Historic Preservation Act of 1966 and its codified regulations and in the National Historic Preservation Amendments Act of 1980. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531). c. At his discretion, at any time during the processing cycle, the District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 may be initiated. BY AUTHORITY OF THE SECRETARY OF THE ARMY: THOMAS C. SUERMANN LTC, Corps of Engineers District Engineer JHN-06-1994 10:52 FROM EHNR WILH REG OFFICE TO H-y1y- -1JJU F. U1 State of North Carolina Department of Envirow-nent, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Governor Bob Jamieson Jonatban B. Howes, Secretary Regional Manager FAX COVER SHEET DATE: NO. OF PAGES 1 :?E CO: CO: FAX #: -77 ~C D? FAX #: <-?3 6- d REMARKS: 127 Cardinal Drive Frtenuion, Wilmington, N.C. 28405-3845 • Telephone (910) 395-3900 • Fax (910) 350-2004 An Equal Opporwniry Affirmative Action brnployer TOTHL F'. 01