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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 dote rn 9,39 CC) v Si °n:l taV ?i ;'.;.<:>i? i i-:l:::'?,' rtC;'I'C)N 1"• 1 'i F, . 1'` t;. I...L': G,i?:) 1'`, I , . 1 r i I"I h t 1'`.::. !•. 1'; ... i is r ...... ..., . } ..i i... .!.. ... .....; (.? I°'!'(:'t..i!! : ; '; ,;..,..,•' I'F; f:?,.1= (iF;i?(:?i;di"ii:::r`t?:) l'i'E:?'. i°'.,:':':: (:? i::::. (:?L?i:IT"'r': 1"R E:?L.?r';i'd I 'r 1..'i::. CI::.I'i 1 .i. I' .I.t..:fl i 1. (.I ?Jil ?) :i i i'' i ?! : • } ._? ?t f?; E:: (:: • r R: ... r' 1:;, i:?. (. F. T V 1::, . :... E:: !'' f f" I'-.E::.:::i::: a:'•,; :Ci'I.:r F. OT ,?'•i'ii::: (:, i"I r ? ?):[l_.L..,°tl'?:::;:>' c:1.:..,'I,1 .±r::;.:> f f,' i"1 ..: ;i.L t R I._(:?"f' F, ;•r i, ;::iia :l:C)U (F,o I'L.. F{L?t.ri;:il d!°.r=t t) :!°l t??:1:' Cl f) L. ....j to f.? :L I._ D 1 '> r"r i._ V (.,.j y .1, I i"I i"t i :I r:a (I C:: I.-I::: l:; f:? (.-, I ; i t ) i''! G; (1... f U f!Jl::.,TL_r>ti• I r;i?is°:(°r W;) Ci".'I:::t:; C.,C?i''d: (.t.•i°'.:I:::' : I;:li";1:,,(._,..°(.:I:::i'•! i ?.r;l.......i°t.t....L..,`..;...•?)..:ri 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. j ? I ? a`• ?? 1 ? L7 a t- ? (-1? 1 vnnj i ?' \ O 0 ?IAY 3 0',39 r a w 0 y Sc,q t- G W, LFIVe7 rN- l'?- 20 Il lv r14 r PFup vs D E L5VA TE 0 WA Lk VVAY BREA K TER DILk/AIZDj CAE [= K REFER To AL13EAlARLC RCd-D Cvi11WI.L PLAN w 3?'- 60 606WII N C;DOV r`., N. G. DI /J - S? DRA VYN BY,' 1j 11 ? 16tJ Ifl-J) / or-3 It lk ?7_ _/ - - - - - I o? :? fi i j _. l ? ? I I II\11? I I Ft w ?1i° i r? d . .. - . --- s- BREAK WAT E R 5EGT /08 A - A SrrrC.F ?<?_ 2i 0 RECEIVED MAY3 0'$g OCM • EC RECEIVE ' ..I MAY 3 0'89 00 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 ???? 1 ` // 7il?f ? i J I"v •INp?O"M.? 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