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HomeMy WebLinkAbout19970162 Ver 1_COMPLETE FILE_19970225State of North Carolina Department of Environment, LTW*WA Health and Natural Resources / • • Division of Water Quality James Hunt, Governor [D E F1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 17, 1997 Pasquotank County WQC 401 Project #970162 APPROVAL of 401 Water Quality Certification Mr. Curtis Olds 4 Long Point Elizabeth City, NC 27909 Dear Mr. Olds: You have our approval, in accordance with the attached conditions, to fill in 200 square feet of wetlands or waters for the purpose of constructing a bulkhead at Lot 2, Long Point Drive, as you described in your application dated 25 February 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 (pow 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 including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, Pe I' ton Hbwaz , Ir P. . Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM 970162.1tr Division of Water Quality • 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 i I i 1 DEHNR Fax:9199753716 Mar 12 '97 10:51 P.07/11 Tb ro1in . Pozriey Planning Branch DIVISION OF BNVZRO L MMG r CANA/COB PMWT APPLIEMON REV33W WaI?O '1tD:FB?4T I'- d WQ SUPEWSOR: RE: SAW,YER DATE: RH1?TrQN. 'SAL oylacx coum. + dc ?? I?OJEGT 'NXHE :PROJBL"P 37YS: PBRKI'F TYPE: B .. : wr #: CDROI'?;• Q1A: DA'I'S PRGH CDA: ItSGAFFIaB.: ' wam SUB RASIl1 ,StRW OR ADJACENT WATER BODY: ? . • STREAM INDEX #: 30- J :$h IiAr ?l WL TYPE: ?T7.Ql1F.STED:04 i?L ACS LST: :H"IDBt3 Gt!1ECr? : KY. SGQBEs TYPE: ION fd=` ATIQi : KTIGAI. ;MI?GAI`ION SI7?: O SRr ATrACK07 RECO!@Q?]D1?TION: S ISSUBIcalb DENY HOLD STORMWATER ELAN KEW D : .? IF YES , DATE APPROVED e '.. <..tj•,bECT :;DESCRIPZ"I?N: TLR : ?rArr?r'. (401 . CERT. REQ'Ds IF YLS, TYPEt -O.A - = - TYPE 'OF DISPOSAL ED: 'PROM IS PItDPOSEDP TxC ETC. TO BE. FERMITTED Y s (BEM i DHS , dFAND BY'DE?f, IS SIAVA3 PERMIT ISSUANCE PROBABLE: r - T.LAND a - ' WETLAND : OCR Of A'R'EA'-OF FILL; WATER; da IS PILL ELIMINATING A SIGNIFICANT USE? / AREA. TO BE DAEPGED s -? TS 'pREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPQIL DISPOSAL ADEQUATELY ADDRESSED? .MAY t?A ARE TI?E FOLLOWING 1?DEgUATELY ADDRESSED? INA SERVICES: SEWAGE DISPOSAL. OXYGEN IN BASIN: CLOSURE OF SHELLFISH;NG WATERS: CG: WaRO; Cs^ntral Files; P(?14 Field Offices; COE Washington Office DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO February 20, 1997 Regulatory Branch Action ID No. 199703885 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: 199, Please reference the application of Curtis Olds for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and place fill material within wetlands, on property located off State Road 1376, in Pine Lakes Subdivision, adjacent the Pasquotank River, Elizabeth City, Pasquotank 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 April 20, 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, 1?,"??',`'," ?otNr U Bland, P.W.S. Raleighq Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DIVISION OF COASTAL MANAGE. - 1111, FIEI.D INVESTIGATION REPORT I ( C I 0162 ?1 ' 1. APPLICANT'S NAME: Curtis Olds FEB 2 5 10 2. LOCATION OF PROJECT SITE: Lot 2, Long Point Drive, off SR 176,`P?'cOlldivision, Elizabeth City, Pasquotank County, Pasquotank River WATER QUhLITY SEt'::'d_„ Photo Index - 1995: N/A 1989: 125-6(M9) 1984: N/A State Plane Coordinates - X: 2819700 Y: 954100 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/13/96 02/05/97 Was Applicant Present - Yes Yes 5. PROCESSING PROCEDURE: Application Received - February 5, 1997 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pasquotank County Land Classification From LUP - Conservation, community (B) AEC(s) Involved: PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Field Planned - N/A (F) Type of Structures: Existing - Bulkhead Planned - Additional bulkhead (G) Estimated Annual Rate of Erosion: 2 ft. Source - Applicant 7. HABITAT DESCRIPTION: ' [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 404 200 sq. ft. (B) Uplands 3500 sq.ft. (C) Other Public trust waters 500 sq.ft. (D) Total Area Disturbed: 4,200 sq.ft. (.09 acres) (E) Primary Nursery Area: No (F) Water Classification: WS-IV SW Open: N/A 8. PROJECT SUMMARY: The applicant proposes to construct 100 ft. of wooden bulkhead an average distance of 5 ft. waterward of NWL along a man-made basin in public trust waters. The applicant proposes to fill 200 sq. ft. of 404 wetlands along the bank of the basin. The applicant proposes to fill and level the area behind the proposed bulkhead approximately 3,500 sq. ft. Curtis Olds Bio Report Page Two Site Description The applicant owns a .73 acre lot in the Pine Lakes Subdivision, Pasquotank County. The lot is located on Long Point Drive (Lot #2) off SR 1376 and is on the Pasquotank River and a man-made basin. The lot is vegetated with a few loblolly pines Om JmW and yard grasses. The lot elevation varies from 4 ft. near the center to 0 ft. at NWL. A delineated 404 wetland fringe area of 200 sq. ft. exists adjacent to NWL on the basin shoreline. The wetland area is 100 ft. in length and has a non-functioning brick riprap system at or near NWL. This portion of the applicant's property is not protected by a wooden bulkhead. Man-made features on the lot include a septic tank and field and approximately 365 ft. of wooden bulkhead. Adjacent property consists of a developed lot with a single family dwelling and bulkheaded shoreline and an undeveloped wetland on which a single family dwelling is permitted to be built by CAMA Major Permit #145-95. The Division of Environmental Management classified the Waters of the Pasquotank River in this area as WS IV SW. In order to stabilize his shoreline and protect his property from erosion, the applicant proposes to construct 100 ft. of treated wooden bulkhead an average distance of 5 ft. with a maximum distance of 10 ft. waterward of NWL. The proposed bulkhead will tie in with the existing bulkhead and will continue the existing alignment as permitted by CAMA GPA017407. The proposed bulkhead will terminate at the applicant's property line. The applicant further proposes to fill and grade the area behind the proposed bulkhead to a uniform elevation of 4 ft. Anticipated Impacts The project as proposed will result in the loss of 500 sq. ft. of Public Trust Waters and the filling of 200 sq. ft. of Section 404 wetlands. Approximately 3,500 sq. ft. of uplands will be disturbed by the proposed fill and grading of the applicant's lot. Turbidity increases are to be expected during construction. The project will stabilize the remaining portion of the applicant's lot that is not protected by a bulkhead. Submitted by: Frank A. Jennings, III Date: February 6, 1997 Form DCM-MP-1 APPLICATION, RECEIVED 1 FEB 0 6 597 _ (To,be completed by all applicants) b. City, town, community or landmark . iP/NE ??KE3 , Su6,r7?V/Sw? 1. APPLICANT - c. Street address or secondary road number `tea. Landowner: d. Is proposed work- within-city,-limits or planning Name C ut? *i S /Q(S jurisdiction? ? Yes - No _ Address 'q O w Re N-? e. Name of body of water nearest protect (e.g. river, / +y State /V. C /lzf'l ???t [ Cit creek, .sound, bay) PA Sa o j=,9?u it ,P (Utp ? y Zip 7 qv Day Phone 3 3 S?- y ,r?o 3. DESCRIPTION AND PLANNED USE Fax Fax PROPOSED PROJECT'.`: b. Authorized Agent: Name a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities... ` Address f3wlk?eaa . lDO??. 6ac? F.// ?.t•?1 !r ll Vf1,ND. City State Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Uo fh Fax c. Will the project be for public, private or commercial / if P use? 8&iM7-e c. roject name ( any) d. Give a' brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach NOTE. Permit %Q be issued in name of landowner(s), andlor additional pages. 6 4lek- o /y`// & project tame. 420 kvsk,04c-(-ed Bt' P?/e D,0/true ,?-Iv,o c-,et? F wro?x w?i? d e fl? D ? -f?PAc R 2. LOCATION OF PROPOSED ' PROJECT a. County PASPar74,w k " Revised 03/95 Form DCM-MP-1 1997. LAND AND WATER ir -- FEB 0 6 CHARACTERISTICS a. Size*of entire tract` ' 73 accord b. Size of individual, lot(s) c. Approximate elevation of tract above MHW or "NWL d. Soil type(s) and texture(s) of tract e. Vegetation on tract AI 4TluiE" OAASSe5 f. Man-made features now on tract 80f}T BtASi?? 13u1ktie-A0 36S Fee- 7-g. What is the CAMA Land Use Plan land classification of the site? (Consult the load land use plan.) Conservation Transitional Developed -? Community Rural Other h. How is the tract zoned by local government? fly -1+ i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessrt been done for the tract? Yes Z-' No If yes, by whom? k. Is the project located in a National Registered -Hisloric District. or does it . involve a -National Register listed or eli ' le property? , Yes No , 1. Are there wetlands on the site? 1---Y'es No Coastal (marsh) Other 77 - If yes, has a delineation been conducted? Yes (Attach documentation, if available) m. Describe existirg wastewater treatment facilities. s'ed-tic -f-? 5 ?P,c / 5 N !Y.Avo* IN uSe 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.) .' of o re lewV OFF o. Describe existing drinking water supply source. Cpc[U-?y D rP?N?I,Vp w Tet 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A co of th (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 tide, 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 1/2" by I V 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. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 RECEIVED FEB 0 6 1997 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • 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 rertit5ed 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 r'qtg1 &,eeoo,e Y Address CZ 4r A-, Phone -3:9 -A - 1 9 A Name 514 LL'e C JP u 4 c 4 IRV Address .4()hV a ` e- Phone 3-a, $- a .1,? 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. GP Oi7Yo7/4 • A check for 5250 made payable to the Department of Environment, Health, and Natural Resources D to cover the costs of processing the eMlffH--NR- application. • A- sig iceo jects- in • 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. e2 t-7 This is the day of J , 197-Z. Print Name G ?? J! Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development ?DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. RevLwd 03/95 Form DCM-MP-2 EXCAVATION AND.,-TILL (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 Fhial Existing Projeet Length Width Depth Depth Access channel ' (MLW)- or (NWL) ' .:v ? . Canal Boat basin Boat ramp Rock groin Rock breakwater Other )AAggo (Excluding shoreline stabilization) 4 + l00 3S ?.2 f RECEIVED FEB 0 6 1997 1. EXCAVATION ` 1111A, a. 'Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. -_-Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes' - No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED.... MATERIAL w/,t a.. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes ' No -f. Does the disposal include any area in the water? Yes No . 3: SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length IOC Fce-? c. Average distance waterward of MHW o(ED ,5- x'eeT - _ - d. Maximum distance waterward of MHW 0<2 /o rce r e. Shoreline erosion during preceding 12 months 9 P`cGT (Source of information) AGOG &)f /V f. Type of bulkhead or Rprap material ':016A 4e woo D- g. Amount of fill in cubic yards to be placed below water level (1) Riprap / (2) Bulkhead backfill Cltl?ic Vas h. Type of fill material C'!CA•X) '04.r F,i 1 i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill terial be brought to site? es . No If yes, . (1) Amount of material to be placed in the water (2) Dimensio4ofill area _. .3,S x /oo' (3) Purpose of fill 4eVel YAAV b. Will fill material be placed in coastal wetlands (marsh), SAVs or otl1er wetlands? Yes V No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? L r yc/e d 4AV 4 14N+- d AS4 A wf4 h ? 'ems -s b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge ? iPAC?OR c. Will wetlands be cr3ssed in transporting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. uR_?, k 612145 Applicant o6 jest Name Signature 5- re,k /y911 Date Revised 03/95 1134 ? `1 ? •%?t .?J 11SL 7A, 7 lafo j ? .:1 :i .A • '. f'1 13.3 •'1 f S 7 ^. 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