HomeMy WebLinkAbout19860304 Ver 1_COMPLETE FILE_19860702DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
October 14, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-089-0313
Mr. John Harper Woodard, III
Route 2
Columbia, North Carolina 27925
Dear Mr. Woodard:
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of October 3, 1986, we have
been informed that your application for State authorization to
construct a dike and tide gate system for drainage and flood
control at Sound Side Community in Tyrrell County, has been
denied. Under the administrative rules of our regulatory program,
denial of required State authorization precludes favorable
consideration of a Federal permit. Accordingly, your Department
of the Army application is hereby denied, and your file has been
retired.
Additionally, we received from Federal review agencies
unfavorable comments, which were forwarded to your son, Skip, on
August 4, 1986. Their reaction to your proposal is the result of
anticipated significant adverse impacts. I have provided these
Federal agencies' comments to alert you to concerns, in addition
to those identified in the State's denial letter. While appealing
the State permit is the next step in pursuing State authorization,
you should be aware that Federal agency comments will be unchanged
by the outcome of that appeal. Because of the Federal agencies'
influence on Department of the Army permit decisions, it is
unlikely a Department of the Army permit would be available unless
your project can be modified to lessen its impacts.
Mr. Jeff Richter of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. He may be reached at telephone (919) 343-4636.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
.Community Development
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service,
NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post. Office Box 27687
Raleigh, North Carolina 27611
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889
AV-4
- ,,.
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
October 3, 1986
Certified Mail
Return eceipt Requested
Mr. John H. Woodard, III
Route 2
Columbia, NC 27925
Dear Mr. Woodard:
This letter is in reference to your application request for permits
under the Coastal Area Management Act and the state dredge and fill law
to construct a dike and tide gate system for drainage and flood control
in an unnamed tributary and adjacent wetland off of the Albemarle Sound
at Sound Side Community in Tyrrell County. Processing of your application,
under a joint state-and Federal review, is now complete. During---the course
of this review, three state agencies and four Federal agencies submitted
objections to your project proposal.
Based on the foregoing review the Division of Coastal Management has
made the following findings:
1) The project, as proposed, would cause to be eliminated by filling
0.43 acres of wooded wetlands and the isolation of approximately •400
acres of wooded wetlands from the waters of Albemarle Sound. Additionally
0.01 acres of estuarine bottom will be filled;
2) Tributaries and adjacent flood plains of the type located at the project
have been documented to function as river herring spawning and nursery
areas. Dikes and tide gates would prevent ingress and egress of herring.
These structures would also reduce the exchange of organic material
for food chain production, thus causing a significant adverse impact
on marine fisheries;
3) Forested wetlands provide valuable habitat for a diverse assemblage
of wildlife species. Any change to the habitat by the proposed project
could cause an adverse impact on habitat value;
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An F--ml O-----rnn,ir• AM--- A_.:-- C--1-----
Mr. John H. Woodard, III
Page 2
October 3, 1986
4) There is a likelihood of water quality degradation in the canal and
tributary system due to reduced flushing or exchange with the Sound.
Also, additional canal and drainage work would reduce the ability
of the wetland to remove sediments and pollutants entering the Sound
from upland runoff;
5) It has been determined that the project is inconsistent with the following
partial listing of the Rules of the Coastal Resources Commission:
07H.0206(c) Management Objective. To give the highest priority to
the conservation and management of the important features of estuarine
waters so as to safeguard and perpetuate their biological, social,
aesthetic, and economic values ....; .0207 Public Trust Areas (c)
Management Objective. To protect public right for navigation and
recreation .... and N.C.G.S. 113-229(e)(5) which states that a permit
may be denied upon a finding that there will be a significant effect
on marine fisheries.
Given these findings, it is necessary that your application request
be denied. This denial is pursuant N.C.G.S. 113-12OA(8) which requires
permit denial when the project is found to be inconsistent with the state
guidelines or when a permit would be denied under the dredge and fill law,
G. S. 113-229.
It should be noted that several key review agencies, state and Federal,
indicated that they would be willing to review modified plans and work
with you in considering alternatives. While there was clear objection
to the present proposal, alternatives with lesser impact could be considered.
..Such -alternatives should be accompanied by more •i-nformation on flood losses,
flood frequency, etc.
If you wish to appeal this denial, you are entitled to a quasi-judicial
hearing to challenge the factual findings or legal conclusions regarding
this denial. A hearing is similar to a trial, involving appearing before
a hearing officer who listens to the evidence and arguments of both parties
and then makes a recommendation to the Coastal Resources Commission. A
decision by the Commission, adverse to you, may be appealed in the courts.
Your request for such a hearing must be in the form of a written petition
complying with the requirements of Chapter 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative
Hearings, Post Office Drawer 11666, Raleigh, NC 27604. The request for
a hearing must be submitted to the Office of Administrative Hearings within
twenty days of your receipt of this letter. A copy of this petition should
be filed with this office. Enclosed please find a Petition which may be
used for your hearing request.
If you request a hearing, you have a choice of hearing officers, either
a hearing officer of the Office of Administrative Hearings, or a hearing
officer selected by the CRC (usually a member of the CRC). Unless you
waive your right to a hearing before the Office of Administrative Hearings,
the hearing will be conducted by a hearing officer of that agency. If
you prefer to have your hearing before a hearing officer of the CRC, you
must sign the "Waiver" contained in the enclosed Petition Form.
.1. 4
Mr. John H. Woodard, III
Page 3
October 3, 1986
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for
this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives
the right to appeal this finding to the U. S. Secretary of Commerce, within
30 days of receipt of this letter. Your appeal must be based on the grounds
that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, (2) is necessary in the interest of national security, and
thus, may be federally approved.
If you have any questions concerning the appeal procedure, please
contact Mr. Ralph Cantral, Assistant Director at 919/733-2293, P. 0. Box
27687, Raleigh, NC 27611.
ncerQl-y-,
?. David W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul Woodbury
Corps of Engineers
Wilmington, N. C.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
October 2, 1986
MEMORANDUM
To: John arker
From: ill Mills &&??
Subject: Application for CAMA Permit
John Harper Woodard, III
Tyrrell County
The Subject project proposal has been reviewed for water
quality impacts and the following comments are offered:
1. This project as proposed will require a 401 Water
Quality Certification if pursued. Final action of the
401 has not been taken to date.
2. Because of the length of the dead-end canals that
would result, if the project is built, we have ser-
ious concerns with probable impacts to the water qual
ity both in the canals and in Albemarle Sound near the
canals. The length and configuration of these canals
are expected to result in poor flushing and stagnate
water conditions. Conditions of low dissolved oxygen,
and po$sible violations of oxygen water quality stand-
ards, are expected to occur, especially during hot,
dry periods. Such conditions have been known to cause
fish kills in this region of the State. Because of these
concerns, we object to the issuance of the CAMA Permit.
cc: Jim Mulligan
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
AUG 0 6 1986
TO: Bill Mills
Permits and Engineering
August 4, R E C E I E D
Wtii N QUALITY SrG 'lot1
OPERATIONS BRANCH
THROUGH: Jim Mulligan, Regional Supervisor r '
Washington Regional Office J
FROM: William J. Moore, Environmental Engineering Tech (N s
Washington Regional Office
Water Quality Section
SUBJECT: Comments Re John Woodard
Tyrrell County
Mr. John Woodard has submitted an application on behalf of the Soundside
Community to construct a dike in a wetland area and to install tide gates
for the purpose of flood protection. The project site is located adjacent
to the Albemarle Sound just off SR 1209 near the Community of Soundside.
The applicant proposes to do the following:
(1) Excavate a 425' x 20' x 4 ft. deep canal and place spoil in
adjacent 404 wetlands. Canal will be connected to existing
250 ft. canal tributary to Albemarle Sound.
(2) Place an earthen plug across the existing drainage canal and
install two 48" x 22 Ft. pipe which will be used as tide gates.
(3) Maintain an existing 300 x 20 Ft. canal to a depth of four feet.
The proposed project will result in 8,500 square feet of 404 wetlands excavated
and 10,400 square feet filled. In addition, two L-shaped dead,end canals, one
approximately 675 feet long and the other 550 feet long, will be connected.to
Albemarle Sound.
The Division generally has not favored long dead-end canals due to the problems
created by poor flushing and stagnate water conditions. The length and configu-
ration of the proposed canal system would result in similiar conditions. The
seasonal inflow of fresh water combined with poor flushing will create stagnate
conditions that would trigger low dissolved concentration in the canal system.
It is anticipated that the dissolved oxygen standard would be contravened,
especially during periods of low rainfall and high temperatures. These conditions
have caused fish kills on numerous occasions:in this region.-
For these reasons, it is recommended that this Division object to the proposed
project. It is my understanding that several other review agencies have objected
as well. If it becomes necessary to process the 401 certification, it is
recommended that the certification be denied.
WJM/ekw
1 u*'.
rt+.
NKDATA DF/CAMA/401 REV DATE 08/04/86
ACTION > CHG FILE > DFCAMA401 PSWD > FORMAT > NRDFCAMA NEXT RCD > 0()()58
NPT70 ENTERED THIS DATA. RECORD IS NO 00057 FRD DATA
PC•i0J 4 : 00057 PROJ : WOODARD JOHN COUNTY: TYRREI.. L REGION: 07
ASSIGNED TO: WJM JOINT NOTICE: Y
TYPE CERTIFICATION RECOMMENDATION DATES YYMMDD
404 PN : 401 I•,;E.Q : Y ISSUE: RECEIVED: 860519
LAMA ONLY: GC: DENY: Y INITIAL REPORT: 860521
DF/CAMA : Y GC: HOLD: FINAL REPORT: 860804
RECEIVING STREAM: AL BEMA1"iLE: SOUND CLASS: SB BASIN: PAS
COMMENTS: SITE LOCATED AT SOUND SIDE COMMUNITY OFF SR 1209 NC::AR ROPER
PROPOSAL INVOLVES 1- 425 X 20 X 5 FT DEEP CANAL..
2-•• FILL ACROSS EXISTING DRAINAGE: AREA AND INSTAL.. PIPES
3-- MAINTENANCE EXCAVATION ON 300 X 20 X 1.5 FT DEEP CANAL
APPLICANT INDICATES THAT THE 1='LJRPOSE OF THE WORK IS FLOOD PROTECTION
RECOMMEND DENIAL; SEE ATTACHED MEMO DATED 860804
COPIES: WARD-CENTr;:AI -D•-Gl0E9E::T.T.
0a?tEO'ST?T?
J S ? o UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
a; r -
,It PROtEGt\O REGION IV
345 COURTLAND STREET
ATLANTA. GEORGIA 30365
JUL 0 1 1986,
4W :>-MEB/LP
Colonel Wayne A. Hanson JUG. 7 11986
District Engineer
U.S. Army Corps of Engineers, Wilmington DWul ErlvYxei(tttal
P.O. Box 1890
Wilmington, North Carolina 28402'`
ATTENTION: Mr. Jeff Richter
SUBJECT: J.H. Woodward III
(Public Notice No. SAWCO-86-N-089-0313)
Dear Colonel Hanson:
This is in response to the subject public notice proposing to place fill
material in a tributary of Albemarle Sound near Columbia, Tyrrell County,
North Carolina.
The applicant intends to construct a flood control project which includes
dikes, canals, tidegates and culverts. The proposed dikes and canals
will be constructed through wooded swamp wetlands. The easternmost dike
involves excavation of a a 425 ft-long by 20 ft-wide by 4 to 5-ft deep
canal that extends from high ground to an existing central drainage ditch.
The dredged material will be utilized to construct a 16 ft-wide (bottan
width), by 4 ft-high dike with a 8 ft-top width.
The westernmost dike will be created by maintenance dredging an existing
300 ft-long, by 20 ft-wide, by 1.5 ft-deep canal. Excavated material
will be used to construct a 275 ft- dike with width and height dimensions
which are similar to the easternmost dikes. Fill material will also be
deposited across the central drainage ditch and two 48-inch by 22 ft-long
pipes with tide gates will be installed.
As a result of this activity approximately 8,500 sq. ft. of wetlands will
be dredged and about 10,400 sq. ft. of wetlands will be eliminated by
fill. TA addition, 400 acres of wetlands will be isolated.fran the
Albemarle Bound by the proposed dike. The wetlands of the project area
are mature bottamland hardwoods daninated by cypress (Taxodium distichum),
red maple (Ater rubrum), sweet gum (Liquidambar styraciflua), and black
gun (Nyssa sylvatica).
Bottcmland hardwood wetlands perform valuable functions to aquatic systems
including: detrital export, valuable wildlife habitat values, water
quality services and vital stormwater retention capabilities.
r
J
-2-
It is clear that the fill activity will eliminate and isolate a valuable
aquatic resource, and will result in unacceptable adverse environmentally
impacts.
Consequently, it is our interpretation that the subject proposed project
is contrary to the 404 Guidelines and should be denied.
Sincerely yours,
William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
cc: See enclosed
c
cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC Office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC Office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL
a
11
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
June 25, 1986
SUBJECT: File No. SAWC086-N-089-0313
RECEIVED
JUN 3 0 1986
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
WATEk QUALM SECTION
OPERATIONS BRANCH
Reference the application of Mr. John H. Woodard III, for a
Department of the Army permit to construct a dike and install tide
gates in a drainage system off Albemarle Sound, near South Side,
Tyrrell County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letters of June 13, 1986 (copies enclosed), the National Marine
Fisheries Service and the U.S. Fish and Wildlife Service
recommended that the application be denied because of projected
loss of fish and wildlife habitat and the probability of
degradation of water quality. The agencies object to the
placement of fill material in approximately 0.43 acres of wooded
wetlands and the isolation of approximately 400 acres of wooded
wetlands from the waters of Albemarle Sound. We agree that
authorization for the work as proposed should not be provided.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone (919) 343-4636.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
-2-
Copies Furnished (without Enclosures):
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of,
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889
r
y
a
DEPARTMENT OF THE ARMY
R; WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 22, 1986
IN KhF LY Hht-tl l I V
Regulatory Branch
SUBJECT : Files Nos. SAWC085-N-089-0324 and SAWC086-N-089-0313
RECEI\4 ED
Mr. John Harper Woodard III M Of 2 7 1g8?u
Route 2
Columbia, North Carolina 27925 WATER QUALITY SECTION
OPERATIONS BRANCH
Dear Mr. Woodard:
On February 6, 1986, we renewed general permit No. SAWCO80-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received may 20, 1986, for a
Department of the Army permit to construct a dike and install tide
gates in a drainage system off Albemarle Sound, near South Side,
Tyrrell 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 written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. 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 No. SAWC086-N-089-313 and will be coordinated by Mr. Jeff
Richter. He is available to address questions or comments you may
have at telephone (919) 343-4636.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
/North Carolina Department of
`/ Natural Resources and
Community Development
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 22, 1986
Regulatory Branch
SUBJECT: File Nos. SAWC085-N-089-0324 and SAWC086-N-089-0313
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
ItIVED
MAY 2 `l 1986
WATEF, DUALITY SECTIO,!
OAERAT10p,i RA.v?C,,
Enclosed is the application of Mr. John Harper Woodard III for
a Department of the Army permit and a State Water Quality
Certification to excavate a ditch, construct a dike, and install
tide gates in a drainage system off Albemarle Sound, South Side
Community, Tyrrell 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be 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, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by July 21, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone (919) 343-4636.
Sincerely,
tthaes W. tilis
hief, Regulatory Branch
Enclosure
ft
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889
IF,
APPLICATION
FOR /V -0 t PERAIIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERFD BY WATER
?.
WATER QUALITY CERTIFICATION I•',. ,
State of North Carolina .4 ^lsr
Department of Natural Resources 6 Community Development Department of the Army
(GS 113.229, 143.215.3 (4) (1), 143.215.3 (c) Corps of Engineers, Wilmington District
(33 CRI: 209-320-329)
Department of Administration
(GS 146.12)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
I. Applicant Information
A. Namc 1?/r,.•,?,.,a /? ?dNN IlAeQ L 77T SDaNd s/OE ?s,e ouO
B. Address Last Firm Aliddle
Street, P. O. Box or Route
?l a3 i.9 Al C . ? 7y2 s 7q6 FY 7e.
City or Town State Zip Code Pho;ie
11. Location of Proposed Project:
A. County 7 e,
C- KA
B. 1. City, town, community or landmark
2. Is proposed work within city limits? Yes No
C. Creek, river, sound or bay upon which project is located or nearest named body of water.to project
,49 4 , A,tZ L - s oU?v o
111. Description of Project
A. 1 ` Maintenance of existing project Vcs 2. New work AYE
B. Purpose of excavation or fill 1
1. Access channel -: A N to L-_ ? 5 ? o w J
cngth ??? width depth
2. Boat basin length width depth
3. Lill area length--Z-i7-57' width 16 ' depth -41O
5. Other length -.--.---width- depth
C. I. Bulkhead length . Average distance from waterline (MI IW)
2. Type of bulkhead construction (material)
D. 1 \cavated material (total for proicct)
1. Cubic yards Z -0 -r C.4 - 2. Type of material _
1. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards- A0260 Ir 300 C&q? 2. Type of material
IN . Land Type, Disposal Area, and Construction Equipment:
A. Does the area to he eat:.n•ated include any marshland, swamps or other wetland? Yes ? No
IJ. D,)vs the disposal .irci include any marshland, swamps or other wetl,rrul? Yes _Z-'Nu
C. Dispos.il area 1. Location
2. Do you claim title to disposal area? Yes _
11 1 ill material w?urce if till k io he trucked in
L. l itm will excaitated material he entiaplxd.ind ciosion controlled? 4--5 -aa:' r,/AO?Q ¢ SL?Ey,F1?
I I \ pc tit c.luiliniew tit (n• usc41 72)v^a 5 I t n - _
G. Well mar%bland he cicuscd in lr;tnsporting ey(iiI)mvnt io p(oicct silo? II yes, explain _
I)-,. f• 131 >?'S G l? L{ S r( C. v` 91 D/ l r 1 N
• ??.. vx v, rutCll A(CJ JIJrS(f1L)e)
A. 1. Prlvate
2. Commerci.11
'3. Housig6 Development or Industrial ?~ ^
4. Other- 120 „? • _ --
GJYC7 17 C ? r'? ?f CJ"?'
B. 1. Lot sue(s) ? br ?J`' IAA F'' - `{ c?c> Vlc._ 1->
2. Etcvat ion of lot(s) above mean high water- I C- JA,
'3. Soil type and texture ?_ M e-D-4 c V VA-1( 3 • S•
4. Type of building facilities or structures 5- 1-k l L h U.? _(S 1- , e
5. Sewage disposal and/or waste water treatment A. Existing - ?/ Planned #?'6ti
H. Describe - 11111 'P, ?I, t ski rc 5 r ?.?'EcYr3 cT1? Sent t. I # -
VI. Pcrtaininr to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No _j,-,-'
B. 1. Will any runoff or discharge enter adjacent waters as a result of proieet activity or planned use of the
area following project completion? Yes.ZNo
2. Type of discharge - Tl. t? } r , S s r o_ -a V-- e- o ? Y,
3. Location of discharge
VI I. Present rate of shoreline erosion (if known):
VI 11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
wort: in project area, if applicable:
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument un,'er which applicant
claims title to the affected preTerty. OR if applicant is not claiming to be the owner of said property,
Men forward a copy of the decd or other instrument under which the owner claims title plus written
pennission from (fie owncr to carry out the project on his land.
3. Attach an accurate work plat drawn to scale on 8%, X 1 I" white paper (see instruction booklet for
details). (vote: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upo:t adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113.229(d) Enter date served
D. Lie: n.:mes and complete aduresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in sshi.h to submit cornnieh(s to agencies listed below.
R A if 'Z Bex eQY _
.)A H.'
loe
`_--
AI plicant's SignJttire
S.•nd ()lie i.mlPIelcd copy each to:
\ si>:.:nt `;cict.:ry lur Natural Resouurces
trpar:nwr,t .,i Natural Resources & Crlmmr,nit Duvelopment District Engineer
Wihnim-,lon District Ccrl>s of Engineers
P. O. Isnx 1890
:•11ra„!? ti,•r:h C.tro,lirtJ 27h1 I
1'.';Irnint!ton, NotIh (.u plina 28.101
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
August 15, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC085-N-089-0324
AUG 191985
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
WATER QUALITY SECTION
OPERATIONS BRANCH
Enclosed is the application of Mr. John Harper Woodard III
for a Department of the Army permit and a State Water Quality
Certification to place excavated material in wetlands adjacent to
Albemarle Sound to excavate a canal, construct a dike, and install
tide gates in a drainage system, near the Sound Side Community,
Tyrrell 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be 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, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by October 11, 1985, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone (919) 343-4636.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina.Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1502 North Market Street
Washington, North Carolina 27889
'4o?
Route 2
Columbia, N. ?4UG,279$5_:.',O
July 31, 19850,P-M „ ,,,,._
U.S. Army Corps of Engineers
P. 0. Box 1890
Wilmington, North Carolina 28401
We are sending you an application for a permit for some work
we need to do on a group project in our community. The permit is
for digging a canal, building a dike and installing two tide gates.
This needs to be done to keep the wind tides from coming on our land,
homesites and buildings.
There are 44 homes, one church, and one store in this project.
The people in this watershed feel that, if we can dig the canal and
construct a dike which will be approximately four feet high with an
eight foot top, as shown. on the permit application, and install the
tidegates, it will help all of us.
The tide comes in often causing problems with our septic tank
lines. They cease functioning as they should and it takes a week
sometimes before they are back to normal. It takes even longer at
the homes nearer the canal.
The tide has been in some of our lots and around our buildings
so often that it has made ourfoundations settle and has even caused
some of the block and brick to crack and have to be replaced.
There are approximately 800 acres of land in the project with
about 400 acres in crops and 400 acres in woodland.
Getting the permit to do this work will help in the low areas
of our cropland when we have crops to be planted or harvested.
We will appreciate your help in securing this permit in order
to keep the windtides off our homesites. We do not believe this work
will do any harm to the native habitat.
Thank you for your assistance..
J. H oodard I
APPLICATION
FOR
PERMIT TO EXCAVATE AND/Oft FILL ?, F,
EASE'ME'NT IN LANDS COVERED BY WAUR kF„UL?} Jriv `?71;JCH
WATER QUALITY CERTIFICATION
State of North Carolina
Department of Natural Resources & Community Development > > rtnimilm'ent of the Army
It al ict
(GS 113.229, 143.215.3 (a) (1), 143.215.3 (c) Corps of Eng e Od•Cgf '
- c}1 29)
Department of Administration
(GS 1,16-121
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A,,,in blank
I. Applicant Information
A. Name_ ???+^.aa N N<I.2PCL SDej vb <,S/OE 4!5;,& 00,0'.
Last Firsl Middle
13. Address
Street, P. 0. Box or Route
741,6 9,Y 74
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County E'EGL
B. 1. City, town, community or landmark -5OeJ v,0 r ca??niUw? ?-?
2. Is proposed work within city limits? Yes No '
C. Creek, river, sound or bay upon which project is located or nearest named body of water.to project
III. Description of Project _
A. 1. A1aintenance of existing project 2. New work 16-
B. Purpose of excavation or fill
1. Access channel length ?? V width 20 -depth -7-d s- '
2. Boat basin length_..._.,.,,.._ width --depth
3. Fill area length7zS
width i6 -depth r.?o
4. Other length width,- _ ? depth
C. 1. Bulkhead length Average distance from waterline (MI-M)
2. Type of bulkhead construction (material)
0. Lxcavated material (tutal lur project)
1. Cubic yards _?.I ? a•7 i - 2. Type of material
F. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards kO¢d? 2. Type of material
I\'. Land Type, Disposal Area, and.Construction Equipment:
A. Does the irc.i to be car,n,ttctl include any marshlanJ, swamps ur utltet wetland? Yes ? No
l3. Dues the dispo>al area include any marshland, swainps or other wetland? Yes__,I/No
C. Disposal aica I. Location .
?. Do you claim title Iu dispus,ti area? _ _?
11. I ill nlateri.11 %ource i( lill it it) he tiuckcd in sl,?
L. I low will c%cavmod malciial he entrapped Ind ciusiun controlled?
I . I pc ill Cyuip?11ei11 lu hO 1.1s1.11 7,_') rQ 9 I i -11la
C1. lvill Irlai,hland he gosyed in Iransporting ecluipnu•nt to pruiect site? II yes, explain
D&f •131
1w. l o/7-1
V. Intended Use of Project Area (I)vscribe)
A. 1. Private
:. Commercial -._. -......._.__..._.? __._.__ __.. ___._.
3. Housing Development or Industrial
a.- 01 her-..?4psa v -,T
e 42
t?.1.
2. Elevation of lot(s) above mean high water _
?lt9fYk' '' sOll?lype and ICN, lure
a. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
VI. Pertaining; to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes-Z-' No _.._._,_.
E3. 1. %Vill any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesJZNO
2. Type of discharge , ,?i, s } r o e. o T
3. Location of discharge
VII. Present rate of shoreline erosion (if known): _
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred • only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229(d) Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies Iisl.cd below.
:)ATF (,/`zg"?-
ZL-
Applicant's Signature
Sens! one c,urtpleted copy each to:
-Vsi"t,:nt Secrei !ry for Natural Res6urces
0epartmw nt of Natural Resources & Community Development
0. Bc,x 27(67
I.alri;h, Midi Camlina 27611
"11. 91'1 "33 •1006
District Lngincer
Wilrnin,;t„n District Corps of 'Engineers
P. 0. (Sox 1891)
1Vlilmington, Nord) Carolina 28,101
(Note. attach Corps tran'snrittA letter)
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 15, 1985
IN ntrLr H"I=K Ju
Regulatory Branch
SUBJECT: File No. SAWC085-N-089-0324
Mr. John Harper Woodard,
Route 2
Columbia, North Carolina
Dear Mr. Woodard:
III
27925
RECEIVE[
AUG 191985
WATER QUALITY SECTION
OPERATIONS BRANCH
On January 27, 1981, we issued general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received August 2, 1985, for a
Department of the Army permit to excavate a ditch, construct a
dike, and install tide gates in a drainage system off Albemarle
Sound, near the Sound Side Community, Tyrrell 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 written and informed of
its further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. 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 No. SAWC085-N-089-0324 and will be coordinated by
Mr. Jeff Richter, telephone (919) 343-4636. He is available to
address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
/Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
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
Ms. L. R. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Lee Pelej
Environmental Review Section
Environmental Assessment Branch
U. S. Environmental Protection Agency
345 Courtland Street, N. E.
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1502 North Market Street
Washington, North Carolina 27889
_. ?? IJ?G. ?,.?..t.?.,+? !nn l-?Y?-? O?.d l ?-e.,o 9n?, ?¢ '-3- 8 ??
i
NOTICE OF FILING OF
t APPLICATION FOR LAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
Pursuant to.N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c), the Department of
Natural Resources and Cammxnity Development hereby gives Public Notice that
John Harper Woodard III of Columbia, N.C.
.filed an application on 8 May 1986 for a permit from the
Division of Coastal Management to develop in an Area of Environmental Ooncern and
for Certification from the Division of Environmental Management that a discharge
of fill material in project wetlands will not violate applicable Water Quality
Standards.
According to said application, Mr. Woodard proposes to install tide gates
within an existing canal and dike and area of wooded swamp for a flood protection
project. The site is located in the Soundside Community, Albemarle Sound,
Tyrrell County.
A copy of the entire application and additional information may be examined
(or copies furnished, upon payment of reproduction costs) during normal business
hours at the Division of Coastal Management, 1424 Carolina Avenue, Washington, N.C.,
and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington,
N.C.
The Division of Environmental Management proposes to take final action on this
Water Quality Certification on or after 2 July 1986
The issuance of the CAMA Major Development Permit and the Section 401 Certification
may deviate from this projected date depending upon the nature of the comments
submitted and subsequent hearings that may result.
All persons desiring to make comnents should do so in writing to Mr. David
Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611,
prior to 17 June 1986 for consideration under the CAMA
Permit decision and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C. 27611, prior to 17 June 1986
for consideration under the Water Quality Certification decision.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
is conce Ing an application for State Federal CAMA Permit(s) from
r M, - . t_1
A. PERMIT:
" This office cannot comment on this project until after the close of the Section
01 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions::
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's,or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a. result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required.
for this project.
Certification is required for
_ this project. Such action to
process the certification has
been initiated. Proposed
Certification will be?acted on
or after
p - 0¢ a
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November. 10,, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas. pp
WATER QUALITY SECT ON
DIVI SION OF ENVIRONMENTAL MANAGEMENT
4 . .. ,,..t
i1I<::X)r°.T'ri C:i.'1Mri/401 i,I.:.'V ID A05/2i/t:36
(?X)X) f°1:l...l::: ) DIF:f:;?53?•iA.<:!t)`i i?' S1,.i:t) I?'t:31?;i??iA"i?
: i?.EF:'iiI°'1::r???i?'ir??•? i'•'I??(...:X) ...
,.:?£:3
0001%,"A
AC: I•:I:t:)N ADD, E:NT E.R Dfr-'T_A, ADDE'.D '[S 000'.:, f:: f;X) X)i°, T r?
000'?'r F'F;:C)..1: Wt:)ODAii;'D ..1t:3FIN C:t:i1.1i?•?''iY : T.`r'Rl;I:::I_.1_. f?I:::C"ION: C; 'r
rl: :l:(Y?lI:::D TO: W,.fN JC)1:NT ili:)TC;f: : Y
'Yf°'E. t:aIF If::r" *Fl*C,N REC,0r, il: N1")r1T1:Ci N 1) ?1-E. 'r'y i,H1)1)
?Q4 I••'N : 401 REtai : Y I SUL•- : 1FZE::.Co E.*IVE.X) : T:3c,0`_i1 9'
:AMO C3i;11...`r : GC DENY: :f.N I 1.AI._ FT:F'C)RT: 8 65 ' i
H° /CAMA : Y GC:: HOLD: Y F:. 1:NAl... FZ1:::F'f1F T
;ECElVING STREAM: ALBEMARLE SOUND CLASS: SD X:.V4,3:F.i••1: N A ,'
;OMMENTS : SITE LOCIATED AT SOUND SIDE COMMUNITY C1F°F' i l?1 9 NI: AFZ RC)1='I*:FZ
'ROPOSAL INVOLVES 1-- 425 X 20 X 5 FT DEEP CANAL.
'- FILL ACROSS EXISTING DRAINAGE ARE::F1 AND 'ENSTAE...I... 1"l.
3 MAINTE:NANC:E. E XCAVAT'7:ON ON 300 ;?(-'.j X FT X)1:::1:::EF' f:`AiwAl...
iPF'i...:F.t::ANT '1'.ND:E:(.:A'T'I: S TI•.ir"iT T1••IE::: I°'1.lf;F't7Sl::: ta!° TFIE:: Wt:3F-;1' 0C.) 1) IF FtC;Ti:::t: i :f.0;.4
DI)t•4AI... C:C)MME::NT•S I°'I_:ND:I:NG VISIT
WARt:ITFZAL-M1:LL S-GOSS'ETT
RECEIVED
MAY 2 ; 1986
WATER QUALITY SECTION
OPERAT;OIyC; BRANC).+
1. Applicant's name
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
2. Location of project site Ty rrell C oun
Photo * 101-954
12 -I8-84
5
- 18„ C
1 9
3. 0
Investigation type: ,
,
Dredge ,
& Fill X
4.
Investigative procedure: (A) Dates pf site visit 5-8-86
(B) Was applicant present Yes
5. Processing procedure: Application received 5-8-86 Office Waghingt'nn
6. Site description: (A) Local Land Use Plan Tyrrell County
Land classification from LUP Conservation
Development constraints identified in LUP None
7.
8.
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters
Estuarine waters X Other
(C) Water dependent: Yes No X Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing N/A
Planned N/A
(F) Type of structures: Existing N/A
Planned Tide gate
(G) Estimated annual rate of erosion N/A Source N/A
Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
Hardwood swamp-cypress,
ash, gums ± 8,500 sq. ft. + 10,400 sq. ft.
(B) Non=vegetated wetlands:
(C) Other:
Open water + 6,000 sq.ft.
Existing dike + 1,200 sq.ft.
(D) Total area disturbed: + 14,500 sq.ft. + 11,600 sq.ft.
Project summary The applicant is proposing to install tide gates within an existing canal
and dike and area of wooded swamp for a flood protection project.
9
CAMA . X :
0
Environmental settin
The applicant is representing the Soundside Group, a group of property owners within
the Soundside Community of Tyrrell County. The Soundside Community is an approximate
800 acre watershed consisting of 400 acres of wooded area and 400 acres of agricultural
lands and home sites. Within the commmity, there are 45 single family dwellings,
one church and one general store. The majority of the wooded area is a wooded swamp
with a central drainage through the center with lateral drainages on both sides.
Each lateral drain is also surrounded by wooded swamp. The swamp is vegetated mainly
with various species of gums, cypress, and other wetland hardwoods. During periods of
high water, the waters of the Albemarle Sound move up the central drainage ditch which
is + 35' in width. During these periods of high waters, the applicant states that
cases of septic tank failures exist and cases of structural damage to several of the
dwellings within the cc munity exist.
Project proposal
The applicant is proposing to construct a flood relief project for the cmruunity's
protection. To accomplish this, the following is proposed:
(1) The excavation of a 425' long by 20' wide by 4' to 5' deep canal. This canal will
connect to the existing central drainage ditch, + 240' from the Albemarle Sound. The
canal will be excavated through wooded swamp and will be connected to an existing
agricultural field to the east. Spoils from this canal will be used to construct a
dike with a 16' bottom width and 8' top width and a height of + 4.0'. This dike will
extend from the central drainage ditch where tide gates are to be installed to the•;
agricultural field. The dike is to 136 placed in wooded swamp.
(2) An earthen fill across the existing central drainage canal and the placement of
two 48" by 22' long pipes which will be used as tide gates.
(3) The maintenance excavation of the existing + 300' long by + 20' wide by + 1.5' in
depth canal which is located to the west of the central drainage ditch. Spoil
materials from this excavation will be used to rebuild + 75' of existing dike which
is located adjacent to an agricultural field and to build a new section of dike which
will be + 200' in length with a top width of 8' and a bottom width of 16' and a height
of + 4.0'. This new section of dike will be constructed within the wooded swamp.
This new section of dike will connect to the existing dike at the agricultural field
and to the proposed eastern dike at the central drainage ditch.
(4) Whdn the dike construction is completed one continuous dike will extend through
the wooded swamp from agricultural fields on the western side to agricultural fields
on the eastern side. Two tide gates will be placed through the dike at the central
drainage ditch.
Environmental impact:
If the project is conducted as proposed + 8,500 sq.ft. of hardwood swamp will be
excavated and + 10,400 sq.ft. of hardwood swamp will be filled. Also approximately
400 acres of wooded swamp will be isolated from the Albemarle Sound by the proposed dike.
David L. Gossett - Washington Office - 19 May 1986
r
APPLICATION
FOR
PERMIT TO EXCAVATE ANDIOR FILL
EASEMENT IN LANDS COVERED IBY WATER
WATER QUALITY CERTIFICATION
State of North Carolina
Department of Natural ResourcCs & Community Development Department of the Army
(GS 113-229,143-215-3 (al (1), 143.215.3 (c) Corps of Engineers, Wilmington District
(33 CRF• 209.320-329)
Department of Administration
(GS 146.12)
Please type or print and fill In all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name _ h1,dnt.. > .. r. jdNN y???? 777
.SO UNO ?S/OE G,e ou D
B. Address --,-7L of last First Aliddte
Z'
Street, P. 0. Box or Route
? ? /Y ? . ? 7s
City or Town State Zip Code ao6 9?
Phone 74
Il. Location of Proposed Project:
A. County- tn? t' i
8. 1. City, town, community of landmark -sou^o / Co,,V'A'?P Ao1'
77-
2.
Is proposed work within city limits? Yes _._. No
C. Creek, river, sound or bay upon which project is located or nearest named body o(water.to project
C BL-'.NA?t / r' S oU ? r?
111. Description of Project
A. 1 * Maintenance of existing project 2. New work -1?ES
B. Purpose of excavation or fill
E W
1. Access channel __ C. A PA
length --Mb6' width depth
2. Boat basin length-------- width depth
3. Fill area length_-_7ZS ,
__MiJth_ /6 ' depth
44D
•
_
4. Other length _width_ depth-
C. 1. Bulkhead length Average distance from waterline (MI 1W)
:o. Type of bulkhead construction (material)
U. I.xcavated material (total for project)
1. Cubic yards r 70%-7 - f-- 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards-_A OPKo r 3OO .? 2, Type of material
1%. Land Type, Disposal Area, and Construction Equipment:
?
A. Does file arc.i to be exc.,v.it d include any marshland, swamps or otfncn wetland? Yes !! Nu
lt. Mies the di%p4»al .irca include airy marshland, swamps car other wi•tl.nncl? Yes- #--No
__
C. Disposal area 1. Location
2. Do you cl.iim title to disposal area? YO
-
-
t1 1 ill m.otrci.d source if fill is to he trucked in ?
L. 114w will nt.tlciial fie entiapped and ciosion controlled? A6 191100
I t tir ??I equipment to he uxvl bra 5 1- N o
_
G. Will mar.liland he crowd in transporting cyuipnu•rtt no fiioicci site It yes, explain _
1
D&I 0, 1:c: 10/77 i,o, r_ S c1?'?'
/ F
•' - -- - , U, , 4 UrCll A[CJ tUCSCrlbel
A. 1. Private
2. Commerci.ll ------ --
3. Huusigb Development or Industrial
4. Other- 6-i±Q o, _ 'a • -
Y? •, ?(1_rYi r rcds
B. 1. l.ot site(s) ?v? tAc t? ' - `( C70
14
i?i _f. t e
2. Elevation of lot(s) ahcwe mean high water_y? I C k u c. kr 1 S rc 'too tI`%-; ??•, d
?3. Soil type and texture ?y Ctn 1fl'Y t -3 ..s-
4. Type of building facilities or structures `l 5- I^).Ae > j L I , -
5. Sewage disposal and/or waste water treatment A. Existing Planncd I?bti b
B. Describe _AA I e- I wc.?-c• r r ? 5 cnt ? I lR r.,t - S
VI. Pcrtaininr to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes -e-' No
B. 1. Will any runoff or discharge enter adjacent waters is a result of project activity or planned use of the
area following project completion? Yes.s/NO
2. Type of discharge ,.-5 } -C ,r arlNe% S , . T E M '
3. Location of discharge
Vt1. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project:
X.
In addition to the completed application form, the following items must be provided:
A. Attached a copy of the decd (with State application only) or other instrument un,'er which applicant
claims title to the affected property. OR if applicant is not claiminr to be the owner of said property,
Wen ieneard a copy of the decd or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
3. Attach an accurate work plat drawn, to scale on 8%. X 11" white paper (see instruction booklet for
details). ?vote: Origins drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229(d) Enter date served
D. List n-mcs and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in vvhi?:h to submit cummehis to agencies listed below.
d oN
a ? # ? BeX
o ,lv 7 Bon
) A,rl:
ant's SigllJture
Sand one iamlp!etcd crlpy each tar:
1,sis1.:n: `rir?•i,;ry 141( n.llulal Rcsa?urccs
?epar-wfit of Nitural Resources & Communitl UeM(lplnent
0. 8.,h 273,57
::.Ihi ?!? ti,•r:h l_:.uo?lilld ?7hl 1
District Engineer
Willrtif-,hon District Cc.rrs o; Engineers
P. t). flog 1890
ll-';Imirsplun, Noith C,if,slina 28.101
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