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
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Planning Branch
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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
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