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HomeMy WebLinkAbout19970040 Ver 1_COMPLETE FILE_19971202State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Water Quality Oft James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N F=?L A. Preston Howard, Jr., P.E., Director March 7, 1997 Dare County WQC 401 Project #970040 COE #199703753 APPROVAL of 401 Water Quality Certification Mr. Gerald Balonis 5509 Clam Ave. Virginia Beach, NC 23462 Dear Mr. Balonis: You have our approval, in accordance with the attached conditions, to place fill material in 874 square feet of wetlands or waters for the purpose of installing a bulkhead, fill a basin and construct a pier at north side of SR 1217, as you described in your application dated 22 January 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. 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 specked 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, QJV HowAttachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Tohn, Dorneg Central Files John Parker, DCM 970040.1tr Division of Water Duality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 24, 1997 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: RECEIVED JAN 2 71997. E1110NMENTAL Se XS Please reference the application of Gerald Balonis for Department of the Army (DA) authorization and a State Water Quality Certification to construct a pier and a wooden bulkhead, and place fill material within an existing basin, on property located off State Road 1217, adjacent Kitty Hawk Bay, in Kill Devil Hills, Dare 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 March 23, 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 (919) 975-1616, extension 23. Sincerely, A'?4 ?64 Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Regulatory Branch Action ID No. 199703753 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 1 DIVISION OF COASTAL MANAGED O 4 Q FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Gerald Balonis 2. LOCATION OF PROJECT SITE: North side of Colington Road (SR 1217), Kill Devil Hills, Dare County, adjacent Blounts Bay off Kitty Hawk Bay Photo Index - 1995: 187-1969 K-12 1989: 145-3 E,F-8/9 1984: N/A State Plane Coordinates - X: 2973500 Y: 838750 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11-19-96 RECEIVED Was Applicant Present - Represented JAN 2 2 M/. 5. PROCESSING PROCEDURE: Application Received - January 8, 1997 ENVIRONMENTAL SCIENCES nf4 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation and Transitional (B) AEC(s) Involved: CW, EW, ES, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - on-site septic Planned - N/A (F) Type of Structures: Existing - residence, dock, concrete rip rap Planned - wooden bulkhead, expand residence, storage shed, pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Coastal Wetlands 24 square feet (B) Non-Vegetated Wetlands Shallow Water Habitat 850 square feet (C) Estuarine Shoreline 660 sq. ft. (Covered) Public Trust Waters 324 sq. ft. (Shaded) (D) Total Area Disturbed: 1,858 square feet (.04 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 121 linear feet of wooden bulkhead, fill an 850 square foot basin, expand and remodel an existing residence, construct a 10' x 20' storage shed and construct a 6' x 46' pier and 4' x 12' platform in Blounts Bay. Gerald Balonis Bio Report Page Two Site Description The applicant, Gerald Balonis, owns a 9,400 square foot parcel on the north side of Colington Road (SR 1217), approximately 3.5 miles west of U.S. Highway 158 in Kill Devil Hills, Dare County. Mr. Balonis' lot is 75' wide where it fronts Colington Road but narrows at the waterward end such that it averages 55' in width. The lot fronts Blounts Bay which is classified as SC waters by the N.C. Division of Environmental Management and is closed to shellfishing. The lot is highest at its waterward end with an average elevation of approximately 3' above MSL. The yard is well maintained and vegetated with short lawn grasses. At the south west comer of the property there is a 14' wide boat ramp located within an old 850 square foot basin. Water depths within the basin range l'- 3'. Scattered amounts of milfoil (Achillea millefolium) were noted within the shallow water located at the landward end of the basin. Approximately 12-square feet of closely clustered black needlerush (Juncus roemerianus) grows near the mouth of the basin and an equal amount of saw grass (Cladium jamaicense) exist at the landward end of the basin. At the 14' wide boat ramp entrance where ground elevation is approximately 1' - 1.5' above MSL there is no shoreline protection. A low lying wooden bulkhead has been constructed along 26 linear feet of shoreline around the basin. A dilapidated 4'x 26' wooden dock abuts the waterward side of the wooden bulkhead. Concrete rip rap has been placed along the remaining 180' of shoreline such that it extends 4'- T waterward of the NWT. The other man-made feature which exist on this site is a 30' x 30' one story wood frame residence. Proposed Development The applicant proposes the following work: 1) Remove a deteriorated 4' x 26' dock and 26 linear feet of bulkhead located adjacent the boat ramp. 2) Construct 121 linear feet of wooden bulkhead across the opening to the 850 square foot basin and ramp. The bulkhead will be a maximum distance of 18' waterward of NWL and an average of 5' waterward of NWL. 3) Place backfill within the 850 square foot basin. 4) Construct a 10' x 20' storage shed landward of the proposed bulkhead and upon highground created by filling the basin. 5) Raise, remodel, and expand the existing residence such that the footprint will be approximately 1,540 square feet. Gerald Balonis Bio Report Page Three 6) At the waterward end of the lot construct a 6' x 46' pier and 4' x 12' platform in Blounts Bay. Water depth along the alignment of the pier will be a maximum of 3 feet. Anticipated Impacts The bulkheading and filling within the existing basin will result in the filling of 24 square feet of coastal wetlands and the elimination of 850 square feet of shallow water habitat. The construction of the 6'x 46' pier and 4'x 12' platform in Blounts Bay will shade 324 square feet of public trust waters. The expansion of the existing dwelling and the construction of a 10' x 20' storage building will add 660 square feet of impervious coverage within the Estuarine Shoreline AEC. Resultant lot coverage by impervious surface will equal 17%. No archeological/historical significance has been associated with this site. No unique remnant species or geological formations are known to exist within the project area. Submitted by: M. Edward Harrell Date: January 9, 1997 Form DCM MP-1 "PLICATION JAN 0 B 19016 (To be completed by all applicants) 1. APPLICANT a. Landowner. Name Gerrv Balonis Address 5509 Elam Ave. City Virginia Beach State VA Zip 23462 Day Phone .(757) 464-8286 Fax (757) 464-8087 b. Authorized Agent: Name Environmental Professionals. Inc. Address PO Box 3368 City Kill Devil Hills State NC b. City, town, community or landmark Colington c. Street address or secondary road number S.R.1217 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) Blounts Bay off of Kitty Hawk 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 121 ft. bulkhead and 46 ft. pier. Fill 804 N. ft. behind bulkhead remodel house, storage building, davits. Zip 27948 Day Phone 441-0239 Fax 441-0721 c. Project name (if any) Balonis - Colinaton Rd NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT b. Is the proposed activity maintenance of an existing project; new work, or both? New 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 of proposed project. If more space is needed, please attach additional pages. The proiect includes: removal of a deteriorating dock, replacement of existing bulkhead behind dock bulkhead construction in front of small boat basin and boat ramp. construction of a pier into Blounts Bay, additions to the existing house and construction of a storaggshed. The bulkhead and pier will be constructed of pressure treated wood and installed using a hydraulic pump. a. County Dare Form DCM-MP-1 APPLICATION JAN 0 8 1996 (To be completed by all applicants) 4. LAND AND WATER CHARACTERISTICS a Size of entire tract 0.20 Ac. b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 3' d. Soil type(s) and texture(s) of tract sandy loam e. Vegetation on tract Juncus roemerianus. Cladium iamatcense f. Man-made features now on tract house on pilings, 4 x 26 ft. dock concrete riprap g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation Developed Rural h. How is the tract zoned by local government? limited transitional i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, ifapplicable) j. Has a professional archaeological assessment been done for the tract? Yes X No Ifyes, by whom? N/A k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other. If yes, has a delineation been conducted? No (Attach documentation, ifavailable) m. Describe existing wastewater treatment facilities. on-site septic 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.) None o. Describe existing drinking water supply source. Municipal 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: X Transitional Community Other • 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 cant' out the project • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.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 are acceptable only if an adequate number of quality copies are provided by applicant. Form DCM-MP-1 •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 Odessa C. Miller Address 2149 Colinaton Rd. Kill Devil Hills. NC 27948 Phone Name Terry Beasley Address PO Box 724 Manteo. NC 2,7954 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. • 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 dAN 0 8 1996 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 7th day of Januarv, 19 97 . Print Name Geo ge Wood for Gggy Balonis Signature ,d,, 1 kliv7l owner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X 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. FormDCM -MP-2 r 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 Final Existing Project Length Width Depth Depth Access channel (NMW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) N/A N/A N/A N/A N/A Approximately 804 sq. ft. open water. (Old boat ramp and basin.) JAN 0 8 1996 1. EXCAVATION a. Amount of material to be excavated from below M1-1W or NWL in cubic yards None b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? N/A Yes No d. 11ighground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of diposal area N/A c. Do you claim title to disposal area? N/A Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? N/A' Yes No If yes, where? N/A Revised 03/95 Form DCM-MP-2 JAN 0 8 1996 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? N/A Yes No f. Does the disposal include any area in the water? N/A Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 12V X Yes No If yes, (1) Amount of material to be placed in the water , 30 e. yds. (2) Dimensions of fill area 804 sq. ft. (3) Purpose of fill backfill bulkhead b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area 24 sq. ft. total c. Average distance waterward of M1-1W or NWL 5' d. Maximum distance waterward of MHW or NWL 18, e. Shoreline erosion during preceding 12 months N/A (Source of information) N/A f. Type of bulkhead or riprap material wood g. Amount of fill in cubic yards to be placed below water level (1) Riprap none (2) Bulkhead fill 30 e. yds. h. Type of fill material sand I. Source of fill material commercial 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Revised 03/95 (2) Purpose of fill backfili bulkhead S.GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Fill will not be stored on-site b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? hydraulic pump to set pilings c. Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. N/A Gerry Balonis App t of Project Name Qaatore January 7, 1997 Date Form DCM-MP-3 UPLAND. DEVELOPMENT JAN 0 8 1996 (Construction and/or land disturbing activities) 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. a. Type and number of buildings, facilities, units or structures proposed home, storage building, pier, bulkhead; avits b. Number of lots or parcels one c. Density (give the number of residential units and the units per.acre) 1 per .2 acres d. Size of area to be graded, filled or disturbed including roads, ditches, etc. +/- 4,356 sq. ft. e. 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 x_ No If yes, date submitted _N/A f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. none 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 N/A i. Describe proposed method of sewage disposal. on-site septic j. Have the facilities described in Item i. above received state or local approval? Yes (Attach appropriate documentation) 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). None Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Minirinal in. Will water be impounded? If yes, how many acres? _ n. If the project is a oceanfront develo ent, when was the lot(s) platted and recorded? RTA Gerald Balonis g. Give the percentage of the tract within 75 feet of MHW 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. 21 % Applica or Project Name Sig atu e // -7/sue Date Yes X No Revised 03195 JAN 0 8 1996 Form DC'M-MP4 STRUCTURES' (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) Commercial _ Community X Private (2) Number 1 (3) Length 46' (4) Width 6' (5) Finger Piers Yes X No (i) Number • N/A (ii) Length N/A (iii) Width N/A (6) Platform(s) X Yes No (i) Number 1 (ii) Length 12' ('iii) Width 4' (7) Number of slips proposed N/A (8) Proximity of structure to adjacent riparian property lines N/A (9) Width of water body 3000' (10) Water depth at waterward end of pier at NEW or NWL - 3' NWL b. Boathouse (including covered lifts) (1) N/A Commercial Private (2) Length N/A (3) Width N/A C. Groin (e.g. wood, sheetpile, etc.) (1) Number N/A (2) Length N/A d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length N/A (2) Average distance from MHW, NWL, or wetlands N/A (3) Maximum distance beyond MI-1W, NWL or wetlands N/A Mooring buoys (1) N/A Commercial Community Private (2) Number N/A (3) Description of buoy (Color, inscription, size, anchor, etc. N/A (4) Width of water body N/A (5) Distance buoy(s) to be placed beyond shoreline N/A f. Mooring structure (boatlift, mooring pilings, etc.) (1) N/A Commerical _ Community Private (2) Number N/A (3) Length N/A (4) Width N/A g. Gather (Give complete description) N/A Gerry Balonis Appl' ant of Project Name Signature January 7, 1997 Date Revised 03/95 COLINGTON ISLAND KILL DEVIL HILLS KITTY HAWK BAY COUNG*LOUNTS ISLAND °D N ? r P? to } 3 /f ,2,7 / COUNGTON ROAD N VICINITY MAP NTS as R OL Aa01E Nl GR" J C? Aau To K NuID ? C MUN OR= ao as say an= NR . E RUX AS Iaauen ?aaroua auAmm BULKHEAD DETAIL N.TS PROPOSED 4'X12' ?- / PLATFORM J - B?LOU/NTS BAY / Q WATER DEPTH /--PROPOSED 6'X46' PROPERTY LINE PIER IF= 04 ?-- NOW OR FORMERLY ODESSA MILLER l EXISTING 4'X DOCK TO BE REMOVED l 12 SO. FT. JUNCUS - ROEMERIA UE PROPOSED BULKHEAD EXISTING RIP RAP 3' AVERAGE ELEVATION J EXISTING BULKHEAD TO BE REMOVED J EXISTING BULKHEAD PROPOSED E) G ONE RECONSTRU CTION ON AND EXPANSION L NOW OR FORMERLY PROPOSED TERRY STORAGE BUILDING BEASLEY 804 SO. FT. AREA TO BE BACKFILLED 12 S0. FT. EXISTING CLADIUM JAMAICENSE BOAT RAMP 195.56' DOCK DE TAIL ABOVE BFE - Q<v ILT-% MINIMUM J ^y LEGEND: EXISTING RIP RAP azoss sECTION RESIDENTIAL STRUCTURE N.TX COLINGTON ROAD SR 1217 PROPOSED BULKHEAD GARAGE TO BE CONSTRUCTED UNDER - RESIDENTIAL STRUCTURE WITH BREAKAWAY WALLS _ AREA TO BE FILLED AND IN COMPLIANCE NTH FEMA REGULATIONS ENVIRONMENTAL PROFESSIONALS INC. SCALE 1- = 30' PLANNING FOR A BETTER CAMA MAJOR APPLICATION DATE: 12/2496 ENVIRONMENT GEROLD BALONIS JOB NUMBER: 96-253R2 P.O. BOX 3368 KILL DEVIL HILLS, N.C. 27948 DRAWN BY. JJ PHONE (919) 441 0239 KILL DEVIL HILLS DARE NORTH CAROLINA REVIEWED: GW FAX (919) 441 0721 P?C JAIN 0 8 1996 -1 -1 PIER DETAIL N.TS