19961078 Ver 1_COMPLETE FILE_19961114

State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Water Quality
James B. Hunt, Governor p E H N F=1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
December 31, 1996
Chowan County
WQC 401 Project #961078
COE #199703401
APPROVAL of 401 Water Quality Certification
Town of Edenton
P.O. Box 300
Edenton, NC 27932
Dear Sirs:
You have our approval to place fill material in 0.091 acres of wetlands or waters for the purpose of
replacing a bulkhead in the Town of Edenton at the end of South Street, as you described in your
application dated 20 November 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must
follow the conditions listed in the attached certification. In addition, you should get any other federal, state
or local permits before you go ahead with your project. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
PoLnHoward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
Paul E. Waff, Jr.
961078.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Town of Edenton
2. LOCATION OF PROJECT SITE: end of South Street, Town of Edenton, Edenton Bay waterfront
Photo Index - 1995: 151-1573, Q15 ; 1989: 111-2, M15; 1984: 110-856, S10
State Plane Coordinates - X: 2706500 Y: 847600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/12/96; 9/11/96; 10/29/96
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received - 10/9/96 RECEI`'EC)
Office - Elizabeth City
6. SITE DESCRIPTION: NOS' ^ 1996
(A) Local Land Use Plan - 1991 Town of Edenton Land-Use Plan [NV IRON MENI'ALCI4NCLS
Land Classification From LUP - Developed and Conservation
(B) AEC(s) Involved: EW/PTW, ES
° Water Dependent: yes
(D) Intended Use: public
(E) Wastewater Treatment: Existing -NA
Planned -NA
(F) Type of Structures: Existing - several thousand feet of wood, metal or concrete bulkhead, boat
basin, gazebo dock and a 150 ft. by 8 ft. pier with a 48 ft. by 8 ft. "L".
Planned - replacement of 661 ft. of bulkhead
(G) Estimated Annual Rate of Erosion: none except where bulkhead has begun to fail
Source - personal observation of staff
7. HABITAT DESCRIPTION: [AREA]

(A) Freshwater Wetlands -- '-- .J11l1L11 \J
(B) Public Trust and Estuarine 5288 sf. (0.122A) 3,966 sf.(0.091A)
Waters
© Other
(D) Total Area Disturbed: 5,288 sf. (0.122 A.)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: na
8. PROJECT SUMMARY: The applicant proposes to replace 661 feet of existing bulkhead at an average
and maximum distance waterward of 6 ft. beyond the NWL along the Estuarine Shoreline at the
Edenton Town Park.
ra
The Town of Edenton
Bio Report
Page Two
Site Description
The applicant proposes to replace several hundred feet of existing bulkhead at the Town park adjacent to the
Albemarle Sound and Edenton Bay in the Town of Edenton.
The waters of Edenton Bay are classified as Coastal Waters by the Division of Marine Fisheries. These
waters are also classified by the Division of Coastal Management as Public Trust/Estuarine Waters and as
such, are part of the Estuarine System Area of Environmental Concern.
The shoreline is vegetated in lawn grasses and ornamental shrubs with some sparse canopy of Taxodium
distichum and Quercus virginiana within the Estuarine Shoreline.
The parking lot for the Park and other Town facilities are adjacent to the Town Park and Edenton Bay. The
Park and parking lot facility were constructed over old fill and is approximately 4 ft. above the NWL. Other
existing shoreline development include several thousand feet of bulkhead, a 200 ft. wide basin, a gazebo
dock and a 150 ft. by 8 ft. pier. The pier has a 48 ft. by 8 ft. "L" at the end. Considerable concrete debris is
present beyond the existing bulkhead alignment. A boat pump-out facility is also present on the site. This
shoreline area has also been identified as having historical significance and some adjacent buildings and
properties are listed on the National Historic Register.
Proposed Work
The applicant proposes to replace 661 feet of existing bulkhead at an average and maximum distance
waterward of 6 ft. beyond the NWL at Town Park. The applicant proposes to leave the existing bulkhead in
place. Due to the existing concrete debris waterward of the existing bulkhead, the applicant estimates that
about 300 cy of this material will need to be removed (excavated) from PTW's to achieve the proposed
bulkhead alignment. The proposed alignment will minimize the removal of existing concrete debris located
at the toe of the existing bulkhead. This proposed work will replace a portion of the Town's bulkhead which
has needed replacement for several years.
Anticipated Impacts
The proposed work will not directly impact any vegetated wetlands. The proposed bulkhead construction
will impact 5,288 sf. of Estuarine/Public Trust Waters. This proposed shoreline stabilization work will cause
a temporary increase in turbidity in adjacent waters.
CAMA Review
A review of the Town of Edenton Land-Use Plan in regard to this permit application will be sent under
different correspondence.
Submitted by Dennis W. Hawthorn
November 4, 1996
w''
Form DCM-MP-1
APPLICATION
11rT - n
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Edenton
a. Landowner:
Name Town of Edenton
Address PO Box 300.
City Edenton
State NC
Zip 27932 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name Paul E. Waff, Jr.
Address PO Box 237
City Edenton
State NC
Zip 27932 Day Phone [phone]
Fax [phone]
c. Project name (if any) Waterfront Rehab
NOTE: Permit will be issued in name oflandowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Chowan
c. Street address or secondary road number
-South Broad Street
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Edenton Bay
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
bulkhead with backfill
b. Is the proposed activity maintenance of an existing
project, new work, or both? maintenance
c. Will the project be for public, private or commercial
use? public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. The existing bulkhead
is in need of re-pairs. A new bulkhead
will be installed and the old deter-
iorated one will remain in place. A
crane will be used to install the new
steel sheeting bulkhead. A concrete
cap will be placed over the proposed
bulkhead for added protection and public
use. The intended use is to provide
additional shoreline protection to the
Town of Edenton public park.
Revised 03195
yw
Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER Marine pumpout for public use that
CHARACTERISTICS dumps into city sewer.
a. Size of entire tract 6 ACRES n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) 6 ACRES wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW or surface runoff, two existing stormwater
NWL approximately 41 drainage pipes will be extended with new
bulkhead.
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
sandy clay city water
e. Vegetation on tract grasses and trees
f. Man-made features now on tract deteriorating
bulkhead, parking lots, building, playgr ound 5. ADDITIONAL fNFORMATION
g. What is the CAMA Land Use Plan land
In addition to the completed application form, the
classification of the site? (?RSUtt the local land use plan.) following items must be submitted:
Conservation Transitional
/10 A copy of the deed (with state application only) or
X Developed Community
X
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
CD - Commercial Downtown forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X Yes No
(Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an S 1/2" by 11" white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7J.020' for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
_X Yes No
1. Are there wetlands on the site? Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documenuuion, if available)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95 ??:?
0
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Steve Leary - Leary Oil Co.
Address PO Box 394
Phone Edenton, NC 27932
Name Ross Inglis
Address PO Box 392
Phone Edenton, N.C. 27932
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
CAMA - GPA143o8 (6/23/95), 118-92 (10/30/92),
153-84R (8/6/84) modified (12/31/87),
75-78 (5/8/78)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 26th day of September1996
Print Name Town of Edenton
Signature - xaL E, (bd?b 6,
Landowner or Auzhorh4 A
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.

ef" T - .?o
Revised 03195
Form DCM-MP-2
EXCAVATION_,
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Fund
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

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4
199
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards - 300 w
b. Type of material to be excavated concrete
rubble
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes x No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area approved county
solid waste dump
b. Dimensions of disposal area approved county
solid waste dump
c. Do you claim title to disposal area?
Yes X No
If no, attach a letter granting permission from the
owner. N/A
d. Will a disposal area be available for future
maintenance? X Yes No
If yes, where? county solid waste dump
Revised 03195

Form DCMI-N P-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 661,
c. Avverage distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
61
e. Shoreline erosion during preceding 12 months
none
(Source of information)
f. Type of bulkhead or riprap material steel
sheet piling w/concrete car)
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 1200 cy
h. Type of fill material
sand
i. Source of fill material City maintenance
property
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
RerLsed 03/9'

b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill -
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Silt fence as needed.
To be placed between new bulkhead and
existing bulkhead A conrete can will
placed over the bulkhead
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
hand tools, crane, dumptrucks,
front end loader
c. Will wetlands be crDssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Town of Edenton
App ' t or Project Name
1 C
Signature U
September 26, 1996
Date

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 20, 1996
Regulatory Branch
Action ID No. 199703401
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Please reference the application of the Town of Edenton for Department
of the Army (DA) authorization and a State Water Quality Certification to
construct a bulkhead at the Edenton Town Park, located at the terminus of
South Broad Street, adjacent Edenton Bay, in Edenton, Chowan County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by January 19, 1997, the District Engineer will
deem that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
4?*J
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687