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HomeMy WebLinkAbout20031477 Ver 1_COMPLETE FILE_20031121Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality February 26, 2004 DWQ# 03-1477 Dare County Ms. Ivey Johnson P.O. Box 538 Wanchese, NC, 27981 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Ms. Johnson: You have our approval, in accordance with the attached conditions, to place fill in and/or shade 0.045 acre of vegetated wetlands and Public Trust Area in order to construct an elevated vehicular bridge crossing to access an upland area on your property adjacent to the Pamlico Sound in Dare County, as described in your application received by the Division of Water Quality on November 21, 2003 and in additional correspondence received December 30, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3400, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, Coastal Stormwater and U.S2Coast Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. 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 in writing and you may be required to send us a new application#or:a new. certification. If the property is sold, the new owner must be given a copy of the Certification and approval lettgr-and is thereby responsible for complying with all conditions. 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). For this approval to be.valid you must:follow the conditions listed in the attached certification and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 276042260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/newetlands) Customer Service #: 1-877-623-6748 ?r f Na Ms. Ivey Johnson February 26, 2004 Page 2 of 2 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Tom Steffens in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. AW K/cbk Attachments Sincerely, Alan rWKrimek, P.E. cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett, DCM Brian Rubino, P.O. Drawer 870, Kitty Hawk, NC, 27949 031477 J A' MI-VA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 18, 2003 MEMORANDUM: TO: FROM: SUBJECT: Applicant: `\ t"a Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality Doug Huggett Major Permits Processing Coordinator WETLANDS 1401 GROUP NOV 2 1 2003 MIATGQ QUALRY SECTION CAMA/DREDGE & FILL Permit Application Review Ivey Johnson Project Location: West side of NC 12, south of Wimble Shoals Subdivision, adjacent to the Pamlico Sound in the Village of Rodanthe Proposed Project: Construction of Elevated Vehicular Bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 8, 2003. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED DATE 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet www.nccoastalmanagement net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Ivey Johnson County: Dare LOCATION OF PROJECT: West side of NC 12, south of Wimble Shoals Subdivision, adjacent to the Pamlico Sound in the Village of Rodanthe. DATE APPLICATION RECEIVED COMPLETE BY FIELD REPRESENTATIVE: October 31, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: /(( 17 B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ PUBLIC NOTICE RECD: ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE 150 DAY DEADLINE: STATE DUE DATE: ON: FED COMMENTS REC'D: DENY DRAFT ON, AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) END OF NOTICE DATE: DEED RECD: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT' S NAME: Ivey Johnson 2. LOCATION OF PROJECT SITE: Dare County, the west side of NC 12, south of Wimble Shoals S/D, along the Pamlico Sound, Photo Index - 2000: 174-2055; C-2; 1995: 175-1803; JK-7 State Plane Coordinates, X: 3049200 Y: 692100 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 6, 2003 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - October 31, 2003 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust, Estuarine Waters, Coastal Shoreline, Coastal Wetlands (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - none at this time (F) Type of Structures: Existing - none; Planned - wooden pile supported bridge (G) Estimated Annual Rate of Erosion: n/a Source - Applicant 7. HABITAT IMPACT DESCRIPTION: F.3(rAVATRD [AREA] FILLED SHADED (A) Vegetated Wetlands + VL( ?- less than 30 sf (B) Public-Trust Area/Estuarine 264 sf. (0.006 A) Waters/Shallow Water Habitat 1,800 sf (0.041 A) (C) Upland (driveway) (D) Total Area Disturbed: 1,800 (0.041 A) (E) Primary Nursery Area: No (F) Water Classification: SA; Open: No 8. PROJECT SUMMARY: This project involves the construction of a 12 foot wide, pile supported, elevated vehicular bridge crossing to access an upland area adjacent to the Pamlico Sound. Ivey Johnson, Dare County FIELD INVESTIGATION REPORT Page 2 PROJECT SETTING This proposal involves a vacant 0.87 acre site located on the west side of NC 12, south of Wimble Shoals Subdivision, adjacent to the Pamlico Sound in the village of Rodanthe in Dare County. This site is approximately 3,000 feet northwest from the U.S. Coast Guard (USCG) Chicacomico Historical Life Saving Station. The applicant's property is platted and recorded as a lot in Corbin Shores Subdivision. The property is adjacent to the Marc L. Lazarus property to the north, and the Ronald Tremblay property to the south. The lot elevation is between 3 and 4.5 feet above the Normal Water Level (NWL). This lot was recently impacted by Hurricane Isabel by ocean over-wash that occurred after ocean front dunes were washed out. This resulted in significant scouring that not only eroded significant existing wetland areas, but also areas of adjacent uplands and driveway areas. The original elevations and grade were restored after the storm. This work was authorized via a CAMA Emergency Dredge and Fill Permit (07H .2500). The area directly adjacent to the shoreline of the Pamlico Sound includes some estuarine beach. The lot width is approximately 55 feet, and except for some wetland fringe areas adjacent to the Pamlico Sound and the small gut-type creek that crosses the west end of the property, the majority of the property is upland. This creek also crosses the adjacent property to the north where it connects to the Pamlico Sound. This creek is approximately 20 to 25 feet in width and is less than 1 foot in depth. A narrow (approximately 1-2 feet wide) wetland fringe of mostly Juncus roemerianus existed along most of this creek's shoreline. Some `404' wetlands were located adjacent to the shoreline, as well in some isolated pockets between the creek and the Sound. The creek bottom consisted predominately of muck with little or no emergent vegetation within the creek channel. No shellfish species were observed during the time of this field investigation; however, some small or juvenile finfish were observed. Navigation within this creek is limited by existing water depths. A wooden vehicular bridge crosses this creek on the adjacent lot to the north approximately 5 feet off the common property line. This bridge is used to provide access to a newly constructed house on the `Marc Lazarus' lot. The waters of this portion of the Pamlico Sound are designated by the Environmental Management Commission as `SA' waters, but are currently closed to commercial shellfish harvests. These waters are classified as Coastal Waters by the North Carolina Marine Fisheries and Wildlife Resources Commissions. These waters also are designated by the Coastal Resources Commission as Public Trust Area and Estuarine Waters. Archeological sites have been identified in the vicinity of the USCG Chicacomico Life Saving Station which is located approximately 3,000 feet to the south. Ivey Johnson, Dare County FIELD INVESTIGATION REPORT Page 3 PROJECT DESCRIPTION The permit applicant proposes to construct a 12 feet wide, pile supported, elevated vehicular bridge crossing to access an upland home building site area along the shoreline of this lot adjacent to the Pamlico Sound. The proposed bridge site is 15 feet north of the "southern-most" property line. The proposed bridge structure will be 30 feet in length and will be supported with six, 6- inch piles. This bridge, as proposed, will provide a 3 feet clearance above the creek NWL and the adjacent wetland fringes located along the creek shoreline as measured from the proposed structure's lowest joist member. This application indicates that a bridge abutment bulkhead will be placed landward of the creek waters and wetland areas. Upland development will include a concrete drive access to the bridge and a gravel surface on the remainder of the driveway areas. ANTICIPATED IMPACTS The proposed bridge structure, prior to Hurricane Isabel, would have resulted in the shading of less than 30 square feet of coastal wetlands. There is currently very little if any wetland fringe remaining at the present time. The proposed bridge structure will result in the shading of 264 square feet of shallow water habitat and Estuarine Waters that directly connect to the Pamlico Sound. The proposed bridge will not limit or reduce existing drainage or tidal flows from or into this creek. The proposed bridge will not significantly impact Public Trust associated navigation access or coastal resources that are known to exist in the vicinity of this project. This project proposes no fill within any Public Trust Area or vegetated wetlands. This project will impact approximately 1,800 square feet of upland area with compacted, impervious surfaces associated with the bridge approaches and driveway area. Submitted By: Dennis W. Hawthorn Date: November 14, 2003 APPLICATION (To be completed by all applicants) 1. APPLICANT c. Street address or secondary road number Adjacent to NC 12 and the Pamlico Sound a 1/4 mile south of Corbina Drive and across from Beacon Road. a. Landowner: Name Ivey Johnson Address PO Box 538 City Wanchese State NC Zip 27981 Day Phone (252) 473-2008 Fax N/A b. Authorized Agent: Name Ouible & Associates, P.C. / Address PO Drawer 870 City Kitty Hawk State NC Zip 27949 Day Phone (252) 261-3300 Fax (252) 261-1260 c. Project name (if any) Ivey Johnson Bridge NOTE: Permit will be iss:ted in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City, town, community or landmark Rodanthe Soundside 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) Pamilco Sound 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. Construction of a vehicular bridge over existing coastal and 404 wetlands. The bridge will provide access for a singleTamily residence. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations ofproposed proj ect. If more space is needed, please attach additional pages. The pumose of the proposed project will be to access a lot by constructing a bridge over existing wetlands. The bridge will be pile supported structure that will extend over the existing 404 wetlands and coastal marsh. The bridge will provide access to a single family residence. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 37,828 sf b. Size of individual lot(s) 37,828 sf c. Approximate elevation of tract above MHW or NWL 3.1' d. Soil type(s) and texture(s) of tract CoB - Corolla Duxton complex, DtA - Carteret sand e. Vegetation on tract Juniperus virginiana, Mvrica cerifera. Juncus roemeranus, Toxicondendron radicans. Baccharis hamifolia, Panicum spp. &artina alterna ora, Spartina patens. Typha latifolia. f. Man-made features now on tract None 9. h. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan) Conservation X Transitional Developed Community Rural Other How is the tract zoned by local government? RS 1 Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the prof ect located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes No Coastal (marsh) X Other X If yes, has a delineation been conducted? Yes Coastal delineated by Dennis Hawthorn (DCM on August 6, 2003. 404 wetlands confirmed by the USACOE on 9/10/03. (Attach documentation, if available) m. Describe existing wastewater treatment facilities. No existing, wastewater system. Proposed wastewater system will be located on east side of proposed bridge. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff o. Describe existing drinking water supply source. Public water supply. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 '/z" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 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 site. Include highway or secondary road (SR) numbers, landmarks, and the like. Revised 03/95 Form DCM-MP-1 • 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 Marc L Lazarus & Kimberly Sue Keever Address 120 Helm Hill Washingtonville, NY 10992 Phone N/A Name Ronald Tremblay & Sylvia Lemaire Address 90 Prince Arthur Oterburne Park, Ouebec xx i3hii5 Phone 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. None • A check for $250 made payable to the Department of Environment, Health, andNatural 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 12 day of September , 2003. Print Name Doug Dorman. Ouible & Associates Signature -%f' Land ner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development DCM MP-4 Structures Information X 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. Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major i. Describe Permit, Form DCM-MP-l. Be sure to complete all other Onsite sections of the Joint Application that relate to this repair are proposed project. area on tt forcemain a. Type and number of buildings, facilities, units or wetlands t structures proposed single family home bridge method of sewage disposal. j. Have the facilities described in Item i. above received b. Number of lots or parcels 1 state or local approval? No (Attach appropriate documentation) c. Density (give the number of residential units and the units per acre) 1 single family residences. d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 9,420 sf If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No If yes, date submitted N/A k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Dare County public water supply m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Gravel and concrete driveway for approach to bridge. g. Give the percentage of the tract within 75 feet of M1-1W or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 27% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted Ivey Johnson Applicant or Project Name - Signature' September 12, 2003 Date Revised 03/95 Form DCM-MP-5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major i. Height of proposed bridge above wetlands. The Permit, Form DCM-MP-1. Be sure to complete all other proposed bridge will be elevated a minimum of 3 ft. sections of the Joint Application that relate to this above coastal marsh. proposed project. 1. BRIDGES a. Public Private X b. Type of bridge (construction material) Wooden bridge construction c. Water body to be crossed by bridge N/A Area to be crossed is coastal and 404 wetlands d. Water depth at the proposed crossing at NEW or NWL N/A e. Will proposed bridge replace an existing bridge? Yes X No If yes, (1) Length of existing bridge NIA (2) Width of existing bridge N/A (3) Navigation clearance underneath existing bridge N/A (4) Will all, or a part of, the existing bridge be removed? (Explain) N/A f. Will proposed bridge replace an existing culvert(s)? Yes X No if yes, (1) Length of existing culvert N/A (2) Width of existing culvert N/A (3) Height of the top of the existing culvert above the MHW or NWL N/A (4) Will all, or a part of, the existing culvert be removed? (Explain) N/A j. Will the proposed bridge affect existing water flow? Yes X No If yes, explain k. Navigation clearance underneath proposed bridge There are no navigable waters at proposed bridge location. 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes _No X If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? X Yes No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes X No If yes, please provide record of their action. Ivey Johnson Applicant or Project Name Signatur September 12, 2003 Date g. Length of proposed bridge 30' h. Width of proposed bridge 12' Revised 03/95 October 29, 2003 Ivey Johnson Ivey Johnson Construction PO Box 538 Wanchese, NC 27981 Dear Mr. Hawthorn, This correspondence is in response to your October 27, 2003 letter requesting additional information. I authorize Quible & Associates to act as my agent for the purpose of the CAMA Major Application for a vehicular bridge and single family residence in Rodanthe, North Carolina. Sincerely, Ivey Johnson Construction 41 son • S? w 9 Q N.C. 12 (100• R/W) I ?. I - i w IoOlAd?DDOOOOO®O ' I I ' I • ?` IJ r lot ;81 all r; 61? f I i I' L` 1- I I s N?i?t ?l ??1 I? kl i F••:'?s `?1 ?a rt t? d? ,• = • 4444. A"1111110, 4 4 414 4 4 4 4 Y ??? 111 i?llllll? 11! i?.lll? ? ::y ?: t qt y y t y qy ,f }+.. '€'??'?? till'=,=,;=lllltilllb?? •• ? i4 ? ??8 ?1? ?g • ? c, c t ?, ? r, c a f 4 4 4 ? a ? i_ C to t'.C a\S ? '. p. a L e `?f..-__w J } 4 qj 9 l # .?. ¦ 1 9 S, t ; ??k ? ?t to b k ? r `. ? ? y ? ? ? ? ° .JZz VI D M ? ? 1 f f f ? ? ? f • f • { • ? • • f t ? • • 4 { ? 4 • i I PRIM OM a" a 0 DCM % DWQ % Development Type FEE (143001601+43510009316256253) (Z4300 1602 435100095 2341 I, Private, non-commercial development that does not Involve 5250 100%(S250) 0°i; (SO) the filling or excavation of any wetlands or open water areas: Q. public orcommercialdevelopment 0%(50j that does not Involve the filling or $,400 100% (5400) ' excavation of any wetlands or open water area S: III. For development that involves the filling and/or excavatian of up to 1 acre of wetlands and/or open water areas, determine If A. S. C, or 0 below applies: III(A). For Private, non-commercial development, It General water Quality 5250 100% (5250) 0%(SO) Certification No-3301 (see attached) can be applied: 111((3): For public or commercial 0% (SO) development, if General water Quality 5400 100%(S400) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Ceratiicatlon No. 3301 (see attached) could be applied, but DCM staff $400 60%(S240) 40%(5160) determined that additional review and written DWQ concurrence Is needed because of concerns related to water quality or aquatic Ufa: III(D), If General Water Quality Certification No. 3301 (see attached) 5400 60% (5240) 40% (S160) can not be applied: IV. For development that involves the filling and/or excavation of more $475 60% (5285) q0% (5190) than one acre of wetlands and/or open water areas: r e oaw? nn mm Mm 0 m O O O t.n r tri `? DO R, • ?? ° 9? juY ?Dm ' ? • a a Ln w z=o n o u ?N'a o? a w m N o m .ro ti X O to r ru a a m V 1 v 0 r D ' N J ' '^ I ' 4N N 12-30-03:12:53PM;ruible and As5o?-_ 1 _ ?c6t 12[?J # 1/ 1 04 U1DLi1 M ASSOCIATES P. C. Engineering - Planning - Environmental Sciences - Surveying since 1959 FACSIMILE TRANSMITTAL TO: Ly ex ok ; Kar?? H D w FROM -P r ? c. n F%-,bt n o DATE: %2I S 0 i o 3 TOTAL NUMBER OF PAGES: (including this page) AS REQUESTED FOR YOUR INFORMATION FOR REVIEW AND COMMENT FOR CONSIDERATION AND APPROVAL COMMENTS: y NEED RESPONSE A.S.A.P. x PLEASE PHONE TO DISCUSS PLEASE SIGN AND RETURN PLEASE REPLY VIA FAX PLEASE REPLY VIA MAIL o yt_t - _. . ! A -f o r M ..-1-t G ?. 'Fo R ^l? c Iv-?-i Z, H -n .31 !3 e-; a-3 c- r 11414 ?h•'?-e' 'Fo of:s(..?dt g4-V-tr re v:t..:•.9 kw-i NOTICE OF CONFIDENTIALITY The information contained in this facsimile transmittal is privileged and confidential, and is intended for the addressee only. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, any disclosure of this information is strictly prohibited. If you have received this transmittal in error, please notify the person transmitting the information immediately and return the transmission to the firm set out above immediately. 8 Juniper Trail Post Office Drawer 870 Kitty Hawk, North Carolina 27949-0870 Phone: (252) 261-3300 Fax: (252) 261-1260 E-Mail: quible®.earthlink.net 12-30-03;12:S6PM;Oui01e and Assoc. 1 2E2 261 126") # 2., 4 Quible Quible & Associates, RC. P.O. Drawar 870 Kitty Hawk, NC 27949 ENGINEERNG • ENVIRONMENTAL SCIENCES • PLANNING • S'JRVEVING Phone: 252-261-3300 Fax: 252-261-1260 SINCE 1959 PPINCIPALS Sean C. Boyk:. P.E. Joseph S. Laster. CE.P. LETTER OF TRANSMITTAL Eduardo J. Voldbneso, P.E. ASSOCIATES December 30, 2003 Joseph J. Anlauf. P.E. Katherine C. IAarchello. PLS. Dmid S. Neff To: Cyndi Karoly, DWQ RE: Ivey Johnson Bridge Project #03147 The enclosed information is for the above referenced project, currently under review for Major CAMA Permitting. After speaking with you today, you indicated that your project file only included a Major CAMA Application and a site plan. The complete Major CAMA package included a project narrative in the form of a letter to Dennis Hawthorn of Div. of Coastal Management (DCM) from Doug Dorman from Quible. The purpose of this correspondence is to address a comment letter addressed to Ivey Johnson from Tom Steffens from DWQ, from December 21, 2003. I left a message with Tom today and he is being copied with this information. The letter asks about the amount of fill into 404 wetlands. This information is indicated on the site plan and is addressed in the narrative letter that should have accompanied the CAMA application. It is indicated on the site plan and narrative that 1,674 s.f of section 404 wetlands are proposed to be filled. This application is a joint application between DCM and US Army Corps of Engineers (USACE) for wetlands fill. The letter also asks to provide additional information about the proposed swimming pool. The proposed pool footprint as shown on the site plan is not located within any areas of jurisdictional wetlands nor is it located within the 30 ft vegetative buffer. I hope we have adequately supplied necessary information so that the project review can continue. If any additional information is required, please call Brian Rubino (252) 261-3300 from Quible since we are working as the authorized agent for the CAMA Permitting process. Sincerely, Brian Rubino Quible & Associates, P.C. CC: Tom Steffens, DWQ Ivey Johnson 12-30-03 ; 1 2: 58PM; QU 1 b 1 e and A550•.. ---- ----- ------------ Q lahaal F. Easley, Governor NNam G. Ross Jr., Secretary North Carolina DepartrnsM of EnOro anI and Natural Resources W. Klmek, RE, Director DWon of Water Quaifhr CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ivey Johnson POB 538 Wanchese, NC 21981 Dear Mr.Johnson: i Deoember21,2003 i Dare County `1WO Project No, 03-1477 Ii On November 20, 2003, the NC Division of Water Quality (13WQ) received your application for a CAMA Major application for the proposed construction of a 12 foot wide bridge crossing. Insi fficlent information 'has been provided in order for us to complete our review. Specifically, please provide the following materials so that we don complete our review of your application: a Your application describes a bridge crossing that is 301 In length and will cross the coastal wetl nd fringe, creak and adjacent 404 wetlands. The site plans submitted Indicate that 404 wetlands will be filled and covered by a gravel driveway and proposed concrete parking apron. Will there be fill placed into the 404 wetlands? If so, how much? Please account for the discrepancy between the plans and the narrative In the application. a Your plans include a future proposed swimming pool located to the west of the proposed residirnce_ Is the pod to be located In coastal marsh or 404 wetlands? Will fill In wetlands be necessary to accomplish this bonstruction? Please describe the Impacts that the pool may have on the surrounding wetland fringe. Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incornolete information (15A NCAC 2H .0507(h)). If no further Information is provided to this agency within three weeks of your riscelpt of this letter, the Division of Water Quality will consider this application withdrawn. Thank you for your attention. If you have any questions, please call Cyndi Karoly in our Centric Office in Raleigh at (919) 733-9721, or Tom Steffens in the Washington Regional Office at (252)-948-6481. Si rely, Tom Stef/e cc: Corps of Engineers Washington Regulatory Field Office WaRO Files Cyndi Karoly 401/Buffem Unit, Raleigh Central Files 031477 N. C. D;vWon of Water OueNty 1817 Mal Service Caller Raleloh. NC 27899-1817 ! service 12-30-03;12:58PM;Quible and Assoc. 1 ?F2 251 12E;7 =# 4/ 4 nr + OHM \,ltttEtttltitfttlittiliClltft. Q ?,lttlll:lltlttiltllltlllltlll?, lttlliltlltttilsllt16111111 g3 mmoxm lllllltlltllllllltl'l`? ? <:? e z= ? t 1111111 =.?.nl 1111'-1' u, %? ? ?sl l 1 i l ??1 I t l ?. lei. T+ -? lltlllil t.ll m "E?1 ,1 ; e I I? ? . r . e . r • r 6r- 7 W O ? SS Z s . ??i zs a ?- h HIS a j ? ? aoOmO0eQ4?AiStfdC7 i ? 1 i 1 I tt! 21 I I 69 I 11 t 11 l 144l • e ¦?11 1 t l l l l l l l t jimll_ ? "I ll -q j? Zl o . i , l l l i l l 11 t. ??? ' O ? 4 lllllllltlllttttt(U h Z ` llllllllllllllilllllll Q x o ? 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N cts a) a- 0 1 co z co MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: _tom steffens WQ Supervisor: _Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Ivey Johnson County, Dare Project Number 03 1477 County2' Recvd From DCM Region Washington Received Date 11/21/03'. Recvd By Region Project Type construction Vehicular Bridge Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ' -,, =+? _ Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA { veg-etat- iv F V _0N ? 30-22 SA -HQ?W 30,155. 0.01 r- ?- f - t PT _0N ?-?-II-f( CI-I! Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Coed O Deny cc: Regional Office Central Office Page Number 1 Provided by Region: Latitude (ddmmss) Longitude (ddmmss) 401 comments Subject: 401 comments Date: Mon, 15 Dec 2003 15:45:22 -0500 From: Tom Steffens <tom.steffens@ncmail.net> To: Cyndi Karoly <cyndi.karoly@ncmail.net> CC: Bob Zarzecki <bob.zarzecki@ncmail.net> Cyndi, the following have been entered into fp5. I will generate all of the hold letters for the ones indicated by HOLD, EXCEPT for Ruth Jolly Wilson. They have applied for a Coastal Gen , but they do not qualify due to it being platted and recorded in the applicants name in jan of 2002, nor do they have a valid septic permit. and all of the impacts ( commercial building in zone I) including the proposed septic system occur in zone I or II . Since we do not deny applications , it, it should be placed on hold until they apply for a major variance. This is an Oracoke project, has hot political ramifications. Better from you than me initially. call for ?'s 03-1508 Ruth Jolly Wilson 12/15/2003 C-gen 3-Dec HOLD- Applicant does f!?r?'fiC ??? not qualify for C-gen, needs major Var 03-1402 Steve and Barbara Kelly 15-Dec c-gen 27-Nov HOLD Isssue with c-gen documentation when delivered 03-1477 Ivey Johnson 15-Dec DCM Maj 20-Nov HOLD- Application and materials do not agree 03-1512 Doug Hinson 15-Dec DCM Maj 7-Dec Issue n/c 03-1548 Dowry Creek Condos-Harborwatch 15-Dec DCM Maj 3-Dec Issue w/cond: Applicant must allow water transmission passage gaps in rip rap every 50 feet 03-1261 Light Asembly of God 15-Dec DCM Maj 21-Oct HOLD- applicant must address stormwater issues No Number in system: Willi-am Frey 15.,-Dec min var..2-Dec Issue w/con-.applicant keeps retaining'wa11'15` from DCM line i of 1 12/16/03 9:43 A