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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 1 I,: 7.1.s 4:;,)6 (Nu:v..Itt,aeh ('rutr5 tr.nr,:nit:,11 Icllef) 1'h.'1?'1.71 ;i•r r)i I I xt. 565 IS 1.I, • ' 1 F 7 TV 5eALE . /~: GGO RCesNd E PRopaSZO Wo,e,- 6 /i E[ -AZO&MAQ c E roMnro WE d,0uMDNzy a A',Q D Al k i? SPA A? j.f/pE 1 Jr / i F1 f sNss r L o f s ! 0. N i u o ' ?1 5 S,vze T ? or Ac4EAl,9?[E SOVNd / W.? w i i / f kv • w w sRCa?t r F / , cr • f F !' ' 1Pfy w / / / ?` w?f 1? oyNl !c!j F , 'F F i r 1 w sHtE 3 ar 5 1 1 Y / F M f f . , i r i i i ' W/ IF !La v/140,9,e y j j j ? %sN•s"r ?o? S F 1?/s G3ow/Yo y SNs6 T ? af' S 1, y 0 0 to Q 0 a % is u ^ ? o o ., 0 ,r I o ?d e o ( w N 14 I X00` /Oo ' O /00 ZOO 300 ' t 2.0 S $C/jILE / = 1od (I o 0 i -t.5 ? I I /Od t a.5a I I ? O, S o Q 6 ty 2 i fo,Sc F,o fo.so P. -t5 oirc o- c? t o. to 0,0 ? o.so os? `:,r 0 r ? Q?. yan v t2. 0 fG,50 o ^ W o a 0 s h(OaDS '. fds too• ,o t!, s cap SN,f'E' 7 a,c .? 4' v ro rmle -! C Ceoss SEcT/o/Y <o o,Ci,vG COw.y O v q eA4 ?o 20' io' O /a, O a' meT !O' 4' r c.opr ?,s 6ce?G QO ' 8` Top alga I I I I t t ? 30' "M' L i1 a 0 IW 2- 'v6"Y?2' Tio's Gof/sw i I I '46 steps I ?F' titepa e O i i 1 I ? i i N ?t? , g ? A I A o ? I .? J i ? t b o , I^ p M y U z ? o n n ` w b- 'a I ^ q n ? Z Icy I ? 8 8 o ? 4 to i a 0 i . f. I ( I x Is g ? a r N 0 a y 8 ? a S O Q a 0 8 ? v' 8 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) I'h. '11'.(-703.1(971 1 xt. 56S W T., rr 10 ; X r? ? 1 w 0 W/.3 eOun?,pARy SHEET 9 of 5 F 1 r SOMAId F 1 M w r?? 1/ / r-. F F F o ? F w Ir i F W/t c+'ffN? s fi f ? ? rs i ?. / *Has 3 OF 5 r 1 ' f [??o F r " "so r- ? F ? f r- I F \ Is 1 lp W1s !?ovNOA?y F r, l r:. S? F W/s [? D c«vvA? y V4 w pp%% 1 f` Swear r. .-Ap *0 0 * ? Ii,; i 16 Z I it I ? ? W I a I b b v ( Z q I u ? a? v 0 2 0 ?? 4 $ ? h { '1 W k ; Y, a o " ?I 0 8 0 " w a o ?$ 4 ?I M 0 Q - ? '? wl h eN ? ? Q 4 J o p c ° o t tI I r v y N I 4 +, 4 ? Q •i Q 0 , b u ? . n v • m M> * lid 1 r * ' c Q 10, 7YPIC44 G•QpbS SEAT/C1iY ?oO?C<N4 IOi4IViV orv AeAWA 20' z o Or .4?, $0 ter 2- 4e4"r?2' T/oa: GwIr-C 4' ?G tos++? $CI ? ? da' I "do' Top alga I I 1 * I I I I ?? scos 41 se.ov44 4F 0 d 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 ? # ? 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