HomeMy WebLinkAbout19890006 Ver 1_Complete File_19890911S?A
i
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street O Raleigh, North Carolina 27611
James G. Martin, Govemor October 9, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. Alfred Howard
Arrowhead Property Owners Association
600 Sioux Trail
Edenton, North Carolina 27932
Dear Mr. Howard:
Subject: Certification Pursuant to Section 401
of the Federal Clean Water Act,
Proposed Walkway with Breakwater
Arrowhead Property Owners Association
Dillards Creek
Chowan County
Attached hereto are two (2) copies of Certification No. 2383
issued to Arrowhead Property Owners Association dated October 9,
1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
R. Paul Wilms
Attachments
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. John Parker
Pollution Prevendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
- 11
NORTH CAROLINA
Chowan Countv
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Arrowhead Property Owners Association pursuant to an
application filed on the 20th day of July, 1989 to construct a
walkway with an attached breakwater.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Dillards Creek in conjunction with the proposed walkway
and breakwater in Chowan County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 9th day of October, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
` %i' ?%lX-ems
R. Paul Wilms, Director
WQC# 2383
i0
NOTICE OF FILING OF ?-
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION `.?
The Department of Natural Resources and Community
Development hereby gives public notice as required by NCGS
113A-119(b) and 143-215 3(a)(1)(c) that ARROWHEAD PROPERTY
OWNER'S ASSOCIATION of Chowan County, filed an application on May
30, 1989, for a permit from the Division of Coastal Management to
develop in an Area of Environmental Concern 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 Arrowhead Property Owner's
Association proposes to build a 160' by 6' walkway with an
attached 160' breakwater along Dillard Creek and to grade and
fill 12,000 square feet of vegetated wetlands.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
Richard Watts, Division of Coastal Management, located at Route
6, Box 203, Elizabeth City, N.C., (919) 264-3901, and/or the
office of Deborah Sawyer, Division of Environmental Management,
NRCD Regional Field Office, Washington, N.C., 27889. (919)
946-6481.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
September 11, 1989. 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 subsegfient hearings that may result.
All persons desiring to make comments should do so in
writing to Mr. George T. Everett, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
September 6, 1989 for consideration in the CAMA permit decision,
and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C., 27611, prior to September 6, 1989 for
consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: August 17, 1989
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A
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 Applicant
WASHINGTON OFFICE RECEIVEC
JUL 2 01989 MAY 3 0 $89
If yougalooo build a marina, also comp to t& , Ec
?
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New wnrk
c. Will the project be for community, private, or
commercial use?
Community
a. Name Arrowhead P r o p e r t y Owners As s o c d. Describe the planned use of the project.
Address 600 Sioux Trail nnrkiffq facilities, refiige from
Opavy weather, fishing farilitV
City Edenton, State NC. improvement o recreational
facilities
y, Zip 27932 Dayphone glq_221-8331 Or 4977
same Landowner or Authorized agent
4 Land and Water Characteristics
b. Project name (if any) n i 1 1 a rd! s C Stream Restoration Project a. Size of entire tract 160 fPPt. X 10 fPPt.
c. If the applicant is not the landowner, also give the b. Size of individual lot(s) 2-0-f Pat x 10 feet
owner's name and address.
It/ A c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
3 f Pet,
d. Soil type(s) and texture(s) of tract
l sand/muc_k
2 Location-of Proposed Project e. Vegetation on tract grass and trees
a. Street address or secondary road number
'fs proposed work within city limits or planning
jurisdiction? NC)
Name of body of water nearest project
.Chowan River/Dillard's Creek
f. Map a e fea e w o act none
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X_ Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
c!ihd i vi son
i. How are adjacent waters classified?
navigable - fresh water
i
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). RC &D measured nl an No-37-b_0.U-5
Cnnctriiction of 160 fppt of eTe1atled
w-a_) "-a y a n rl h r n a i4wa t e r
Has a professional archaeological survey been
carried out for the tract? y P t If so, by whom?
Paul R Green, DeTt of Sociology
and Anthrnnningy, Fast Carolina
University. Greenville, N C Oft-1981
EncI - (1)
I
3 Description and Planned Use
of Proposed Project
-
? I
M
5 Upland Development
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or m. Water supply source n_,/ a
structures proposed r-a g b c? ?-;T? 1 1
n. If the project is oceanfront development, describe
; the steps that will be taken toriaintain established
.; ,
b:.- I`?u ber of lots-or parcels 6 public beach accessways or provide new access.
e. Density (Give the number of residential units and the -A / a
„ r+ units. per acre.) n.1 a r
r
d. Size of area to be graded or disturbed o. If the project is on the oceanfront, what will be the
' 6Q feet x-2.00 feet See h 1 a t. elevation above mean sea level of the first habitable
w
e. If the proposed project will disturb more than one
floor?? a
.'n'acre of land, the Division of Land Resources must .
}? receive an erosion and sedimentation control plan. at
".;
fr
° ,i;east 30 days before land disturbing activity begins.
applicable, has a sedimentation and erosion
6 Excavation and Fill Information
,N q,: control plan been submitted to the Division of Land
Resources? 110 a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
f. Give the percentage of the tract within 75 feet of covered in Section 7).
mean high watgr,tp be, covered by impermeable
Length Width Depth
I surfaces, such as pavement, buildings, rooftops.
60 fpet x 2004eet Access channel
g: List the materials, such as marl, paver stone, asphalt,
(111LW) or (NWL)
En/
or concrete, to be used for paved surfaces. Boat basin
1
ao?al; and/or waste
t ?' ?`rd?iti;Wal'?t^t;U`?m?, a,?rl+t? „•:Fa
boat ramp,
rock jetty)
j. I lave these facilities received state or local approval?
local-State manies, county
romm i s c i oner' s appreya 1
k. Describe existing treatment facilities.
L Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
wr..ua..r.rr.r.«...,r..r.r......,_ gyn....
Y15b, 'F6' 31
Fill placed in
wetland or below
MHW n/a
Upland rill n / a
areas
b. Amount of material to be excavated from below
water level in cubic yards n o np
c. Type of material n / a
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
x; f. Dimensions of spoil disposal area
n/a
g. Location of spoil disposal area
h. Do you claim title to the disposal area? n a
If not, attach a letter granting permission from the
f r owner.
Will a disposal area be available for future
,v?ti.li?tligtenance? n / a
Io, where?
j. Does the disposal area include any marshland,
a: swamps, or water areas?
u/a
, rte,
k. Will the fill material be placed below mean high
water? n / a
1. Amount of fill in cubic yards n/ a
in. Type of fill material n f a
n. Source of fill material u f a
o. iWill fill material be placed on marsh or other
jwetlands? n/a
p. Dimensions of the wetland to be filled
q., [low will excavated or fill material be kept on site
and erosion controlled?
r
I ?
:ton equipment will be used
Opi;hoe, or hydraulic
c. Shoreline erosion during preceding 12 months, in
:feet 1_3 ft
d. Type of bulkhead material t. r P h t P d 1 um D e r
e. Amount of fill, in cubic yards, to be placed below
mean high water a o n e
f. Type of fill material ^ i
8 Additional Information
In additiomto the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 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 arc acceptable only if 16 high
r quality tcwtes armvilded tiytvtcatrttotttacc the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have, been developed in consultation with the
Division of Environmental Management.
7 Shoreline Stabilization
a. Length of bulkhead or riprap 160 ft
b. Average distance waterward of mean high water or
&,,,UUtmal water level _ 3 ft
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
I
s. Will wetlands be crossed in transporting equipment
to project site? n / a If ycs, explain steps that will
be taken to lessen environmental impacts.
1
n. N e Mr-,-- Rhonda Copal aInd
Address R t. 1 Box 96
Tyner, N.C... 27890
Phone: 2214676
Name -Us'- rnthv E.-LenF!Qy
Address '314 C a y' i i g a T r'a i 1
r Edenton,, N.C. 27932
?i 221-4471
,11st'ot previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
nn
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
.A signed AEC hazard notice for projects in oceanfront
and inlet areas. N / a
A statement on the use of public funds. If the project
aw involves the expenditure of public funds, attach a state-
?" ' nient documenting compliance with the North Carolina
Envirotumental Policy Act (N.C.G.S. I I3A-1 to 10).
1 .
.
9 Certification and Permission
to Enter on Land.
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the day of - M-1
Lando er or Authorized agent
OFFICE OF COASTAL MANAGEMENT Lat:360 12' 45"
FIELD INVESTIGATION REPORT Long:760 41'
1.
T•;?q' 2•
3.
1. 7 t .
4.
Photo ref.
106-879 N23
APPLICANT'S NAME Arrowhead Property•Owner''s Association
LOCATION OF PROJECT SITE 600 Sioux Trail, Arrowhead Beach
subdivislori, Chowan County, Dillard's Creek
INVESTIGATION.TYPE:-.DREDGE & FILL CAMA X
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 4/27/89 6/27/89 _
(B) WAS APPLICANT PRESENT Yes no--,
5. PROCESSING PROCEDURE: APPLICATION RECEIVED May 30, 1989
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Chowan
LAND CLASSIFICATION FROM LUP Community
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS x
ESTUARINE WATERS OTHER
r
(C) WATER DEPENDENT: YES NO OTHER combination
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
TYPE OF WASTE WATER TREAT14MT: EXISTING NA
PLANNED
TYPE OF STRUCTURES: EXISTING NA
PLANNED
ESTIMATED ANNUAL RATE OF EROSION 1-3ft SOURCE Applicant
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
(D) TOTAL AREA
AREA
DREDGED FILLED OTHER
12,000 sq feet
12,000 sq feet
with an attached 160' breakwater a
ui7.d a 163, b--%r A' waI
rd Creek and to grade
Arrowhead Property Owner's Association
Bio Report
Page 2
fill 12,000 square feet of vegetated wetlands.
Site Report
Applicant currently owns lots 5 through 12, section EE, Arrowhead
Beach subdivision, Chowan County. This area measuring 1600 sq.ft.
(.037 acres), was purchased by the homeowner's association to provide
resident access to Dillard Creek (classified inland waters). The lots
are bordered on one side by Arapahoe Trail easement and Dillard Creek.
The land in question is vegetated by: Acer rubrum (Red Maple),
Taxodium distichum (Bald Cypress), Celtic occidentalis (Hackberry),
Salix nigra (Black Willow), Scirpus cyperinus (Woolgrass), Juncus
canadensis (Canada Rush), Typha spp. (cat-tails) and Juncus effusus
(Soft-needle Rush).
The area identified as the easement for Arapahoe Trail is covered
by a variety of sedges, plantains and rushes. Standing water was
found in depressions on much of the easement.
The applicant's representative claims the project's land was
disturbed in 1988 by heavy equipment activity. The disturbed land
then trapped water which favored the present stand of plants.
The applicant proposes to construct an elevated walkway (160' X
61) and breakwater (1601) along their property on Dillard's Creek.
The breakwater would be supported by the walkway pilings most waterward
rom the land.
)' ,' Dillard Creek averages 3 feet in depth along the breakwater
al gnments
.`It is proposed the association's lots and road easement (12,000
sq. ft) be graded and filled with crushed marl.
Anticipated Impacts
The walkway will usurp approximately
Grading and fill will impact 12,000 sq. ft
Construction of the breakwater and walkway
short-term turbidity.
CAMA Review
960 sq. ft of public waters.
of vegetated wetlands.
will cause some localized,
This proposal is consistent with the "community" classification,
as identified in the Chowan County L.U.P.
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SECTION "EE" OF ARROWHEAD B.EAC .u`.'-t.`-
SECOND TOWNSHI CHOWAN COUNTY, N. C
SCALE I INC?I 50FEET OCT. 131 1964.
REG. SURVEYOR N0. L609-
ELI BETH CITY, N. C.
.ate a•lat.l 3esYwy' /e i3 /ow 'rrroe
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CHOWAU R I V E R
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1' - s a? s o?
ARAP? HOE
i T RAID 1 ,
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INDIAN REE K ?o? - 6
3 aj r SH T o(z 3
I ?kD Petty.
_I ? ??. ??- M- Wes- ?` ?`` •?_ ?_ •?.. .? _..- _- C?
M
/ Bland. t '"' - y, - \ '?_.? w ..r- . y?. tics _. ?-
I Crossroad.
Cot/°n
I rti ^^ y? _ A - - ppft - - .W .+.
e t \ ?-
on gto
w
anapIT
Sandpit +14 ,w
Harrell Ile \ a
561 ? / ? ..,. .?,. I e
Crossroads
`i?e?? ? \ JI r.
Cannon
-k em r
Newsom.
store
--- - - s - HE _ORD CO " a /VO
cry' °ERTIE
\ C,° OHO I
A{ 1
! I _ Arc6
Beac
/ A
Whead
BeacF?
Mill
u Crossroad.
Landing
lr? t1 O e / Clwwan 0 ) `Strip
I I Tra l2 IS I Beach /? L b W n
?P Cole al ( 4? l
s Coleraln I
Beach II I i
Goo..' I • _- ? ockyhock _
Rosemead Pond I -
Bull Pond I '
t Point
'ard. O ??•_ l
woad. _, •,_ - .:? \
wl.dc.n - - I ' V
"?" l3rnn ate!
fillpo 1
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