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HomeMy WebLinkAbout19970705 Ver 1_COMPLETE FILE_19970813State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director I ffl?WA 'T R 00 1-1k [D EHNR September 23, 1997 Pamlico County WQC 401 Project #970705 APPROVAL of 401 Water Quality Certification Mr. W. N. Chastang Sea Harbour Yacht Club, Inc. P.O. Box 442 Oriental, NC 28571 Dear Mr. Chastang: You have our approval, in accordance with the attached conditions, to dredge in 206,250 square feet of waters for the purpose of doing maintenance dredging on the entrance channel into Pierce Creek at Sea Harbour Yacht Club, as you described in your application dated 13 August 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. 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. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. Applicant shall contact the DWQ Washington Regional Office when dredging is to begin. Effluent from the discharge pipe into Whittaker Creek shall be monitored at a distance of 10 feet from the discharge for turbidity twice a week during the discharge. These data shall be sent to the DWQ Washington Regional Office. Dredging shall cease if the relevant water quality standard (25 NTU's) is exceeded until such time as the standard is no longer exceeded 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 Domey at 919-733-1786. Sincerely, nr. 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 970705.1tr 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 State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., G ove mor Jonathan B. Howes, Secretary Steven J. Levitas, Deputy Secretary p A IT4 [D EE F1 Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733-9959 FAX TO: MU V'- rcl/vk?-- I FAX NUMBER: I FROM: PHONE: NO. OF PAGES INCLUDING THIS SHEET: l?h?-°?hbJblb ?/P ? ? I v lb ?ti?b John 'Dorney. From: Deborah Sawyer [TS19Y30@waro.ehnr.state. nc.us] Sent: Tuesday, September 16, 1997 6:58 PM To: n1ew507@dem.ehnr.state.nc.us Subject: Sea Harbour Mari na/Oriental/Pamlico Co. John, I have looked at Katy West's copy of this project. The following comments are offered: • Due to the sensitivity of the area to be dredged as well as the area where the decant will be discharged the following is recommended: 1. Notify this office by letter of the date of the beginning of the dredging. 2. Monitor at the end of the effluent pipe in Whittaker Creek (within a 10 ft. area around the pipe) for turbidity twice per week during the dredging/discharge of the project. Submit these reports weekly. The turbidity standard for these SA NSW waters is 25 NTU's. Dredging should be ceased if this standard is exceeded until the dredged material has settled for an adequate period so as not to exceed the standard. Thanks, Deborah DIVISION OF COASTAL MANAGEMENT q dS FIELD INVESTIGATION REPORT APPLICANT'S NAME: Sea Harbour Yacht Club, Inc. 2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, at 6020 Harbour Way, adjacent Pierce Creek and the Neuse River Photo Index - 1995: 78-855 indexed by (0-13; P-12,13; Q-11,12; R-10,11; S-9,10; T-8,9) 1989: 119-10 indexed by (I-14, H-15, G-16, F-17, E-17,18, D-18, C-19) State Plane Coordinates - X: 2,700,000 Y: 477,800 3. INVESTIGATION TYPE: CAMA/D&F e 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 24, 1997 319 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 7, 1997 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Oriental Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Public channel maintenance (E) Wastewater Treatment: Existing - Bay River Regional Sewer Planned - None (F) Type of Structures: Existing - 88-slip marina and amenities Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Existing channel bottom 206,250 fO (C) Other High Ground (Existing spoil area) 150,000 ft2 (D) Total Area Disturbed: 356,250 fe (E) Primary Nursery Area: NO (F) Water Classification: Pierce Creek and Neuse River (SA NSW) Open: Pierce Creek - No; Neuse River - Yes 8. PROJECT SUMMARY: The applicant proposes to maintenance dredge the entrance channel into Pierce Creek. FIELD INVESTIGATION REPORT: SEA HARBOUR YACHT CLUB, INC./PAMLICO COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The applicant, Sea Harbour Yacht Club, Inc., owns a 1.5-acre tract of land located at 6020 Harbour Way, adjacent Pierce Creek, in Oriental, Pamlico County. The facility is an 88-slip marina with most upland amenities associated with marinas including clubhouse, pool, parking, and etc. located on the site. A Dredge and Fill Permit (Permit #271) was issued in 1970 and a CAMA Major Permit (Permit #93-84) in 1984 originally authorized the existing 3200' X 100' X -8' NWL access channel from the Neuse River up the mouth of Pierce Creek. CAMA Major Permit #76-93 and its subsequent renewal authorized a portion of the channel to be maintained. Current water depths along the channel average -5.5' below NWL. Sediments within the channel bottom are of a sandy/silt texture. An existing diked spoil area is located off Parson's Drive and was previously approved (last approved in January of this year). The diked spoil area measures approximately 300' X 500' in size. The high ground spoil site was prepped for use last winter, but the work could not be completed prior to the beginning of the dredging moratorium, so the applicant chose not to perform the limited excavation that was authorized via Permit #76-93. The applicant's contractor has a one-year lease on this property but the Yacht Club is looking to purchase another suitable tract for long-term channel maintenance work. Individual homeowners border the entrance into Pierce Creek to the south while a large undeveloped, wooded tract is located to the north. The estuarine waters of Pierce Creek and this section of the Neuse are classified as SA NSW. Pierce Creek is closed to shellfishing while the main body of this section of the Neuse is open. The upper reaches of Pierce Creek outside the proposed project is a designated Primary Nursery Area (PNA). Project Description The applicant proposes to conduct maintenance excavation in an existing navigation channel. The proposed project measures 2,750' in length X 75' in width X -8' below NWL in depth. The work would be accomplished using a hydraulic dredge and the material would be pumped to an existing dike. As previously authorized, the effluent would be discharged into a tributary of Whittaker Creek (classified SA NSW and designated a PNA). Whittaker Creek is a designated PNA. The applicant proposes to refurbish/enhance the existing dike within the existing footprint. FIELD INVESTIGATION REPORT: SEA HARBOUR YACHT CLUB, INC./PAMLICO COUNTY PAGE #3 Anticipated Impacts The maintenance excavation activities within the Estuarine Waters of the Neuse River and Pierce Creek would disturb approximately 206,250 ft2 of previously dredged channel bottom. Approximately 13,800 yds3 of sandy/silt material would be pumped to an existing diked spoil area. The spoil area is approximately 150,000 ft2 or 3.4 acres in size and would be refurbished. The effluent from the spoil area would be discharged into a tributary of Whittaker Creek. Dredging activities would increase the turbidity of the waters at and near the area being dredged. Such dredging activities, including the effluent discharge, could also affect the movement of postlarval/juvenile estuarine species into the nursery areas of both Pierce and Whittaker Creek. M. Ted Tyndall - Morehead City - July 28, 1997 ,ti DCNI-NMI APPLICATION (To be completed by all applicants) 1. APPLICANT n, ComWiry or landmark b. City ]&/em ri . c. Street address or secondary road number dal r G!J I) V r et 1,1 a. Landowner: - Name ea 404OU r VLICA d. Is proposed work within city limits or planning Pty. lel?l jurisdiction? P' Yes No r3ox Address t'eQA 0 da r go ar ML!j e. Name of body of water nearest pr/?o ect (e.g. river, C , creek, sound, bay) ?eu Se- /C /' y6*- City ?Y'l CPI TQ? State `'ercG Cr -e Zip a $59 ? Day Phone _C'9?9) a? S?Q• U?0 ? Fax (M) a 4?-Dgc S b. Authorized Agent: Name ?11f? N• C/1QS?Qr1Q Address -)00- 60 City _O r en TQ( State /V• C" 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 ' iep7agee- r ' 6 7_ ,'Ps'Ce- 17 r'cek en rD c Zip A-1/ Day Phone CY6)' 4 ! -0'fO g Fax (9/1) 19 49-0809 c. Project name (if any) /e r c t? Creek 6 LC/IlYQget C 7 nne./ loin 1?enQnCC NOTE: Permit %Q be issued in nano of landm er(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County ?7)0&7tt'Co C -;P W M "y ci cc? t•- u r'e- I r r Q r7 Q vPra?? Of on a round )a ?o er day i'S made re tjA 7%,'s b. Is the proposed activity maintenance of an existing project, new work, or both? ?M7 A&74,ye- c. Will the project a for public, private or commercial use? L 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. i Plw np,de- a cee55 ?o r RevL%ed 03195 Form DCM-NIP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract l ??_ Q ere5 b. Size of individual lot(s) N c. Approximate elevatio of tract above MHW or NWL 7 %z -?f. d. Soil t e(s) and texture( of tract ?S a o? e. Vegetation on tract 0&15Xt1_ mix .4r,255 f. Man-made features now on tract e- 7-' tin a. m. D ribe ex? ing waste ter treatm nt f cilities. Ali _ Q Ptle n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" anresidential dischar es.) o. Describe existin drinking water supply source. 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) ? Conservation Transitional Developed L--- Community Rural Other h. How is the tract zo ed by local government? u h re57r/c -/ ed i. Is the proposed project consistent with the applicable zoning? _L/ Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes a/ No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ? No Are there wetlands on the site? Yes - yNo Coastal (marsh) ' Other if yes, has a delineation been conducted? (Attach doer+mentarion, if available) lei Oif si f G / 5 /Oc,4 e17. 'r e- m n /7,' /l rou n ?. In addition to the completed application form, the following items must be submitted: • A copy or 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 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 I/2" by II" white paper. (Refer to Coastal Resources Cemmission`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 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 -S ,d DCM-I1iP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT b. City , t wn, comm t or landmark ?l a. Landowner: Name L°a 14LI r1QU Y 401 P L0. f3dX 5?? Address (0UaD go r bour /.)aU City ?Q_I"IC/7 44L State Al Zip o? 591 Day Phone ('74• UPO S' Fax ?Q-ogo ? b. Authorized Agent: Name W • N• chQs?ana Address - P0. 60 x ??a City ei? 4a State /V• C• Zip A-1 / Day Phone CMM4! 'O 2?O 19 )%t 5/9^O19-0g Fax (9/I er C e, Creek c. Project name (iiff aLny) A t?dla e,e Chahne/ Main ?enanCC NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Pam `II co c. Street address or secondary road number _ ? do?O /?' r ?? u r GlJa U d. Is proposed work within city limits or planning jurisdiction? L/ Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay), &-ea SG i'y2r +?- ;??'eree (!,r e 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 7t C r n '0 rC rce b. Is the proposed activity maintenance of an existing project, new work, or both? /Dire ACir4r1Ce_ c. Will the project a for public, private or commercial use? C- 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 pa es. /'0.r"d eel r vessels Xrry-j6v.? s J- Sva. rbed r -30 of one round M d- e- 1--?JroAe 4 1t r ri'ES. e e Q Q v er-aqr .?? :/s In ;t A- re f r 417 Q verale Revised 03/95 ,form DCM-MP-1 `r. site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary • 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 wee 7-r/ Address Phone / Name /q pJ /4C L-/V 2 Address D Z AND Phone - Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, amd issuing dates. lee- Q Z-Aofh led fi`s ?o r 121's /0-1- V 0 ; her m • 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 or 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. 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 be§t 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 219 day of ?u-•-? 19 . Print Name W.AJ, t?(7/Is> Signature Landowne or Authorized Agent Please indicate attachments pertaining to your proposed project. ?CM 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 DCNI-NIP-2 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 Leorth Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 5,44 .275o 75 5.6 .9f below •??. ?• NbJL NN/L ':S'` ,: .Tw• . .V.tl %S. r Awk .vow 2.1 1. EXCAVATION a. Amount of material to be excavated from below J MHW or NWL in cubic yards AO C6l? ' b. Type of material to be excavated S4 n? 'ay See 0#4Ch ed Self/-rte en f 5 %.'s c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes I--- No d. Highground excavation in cubic yards 'e/ m C-u'Yd-' CDiKe ene-haneea,eV 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area &11enT4-1 See 4vV4Med S.'ife m". 9C .5L50 b. Dimensions of disposal area 3D0 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 LNo If yes, where? Re%i?,ed 03/95 Form DCNf-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 1/ No If yes, (1) (2) be placed in the 3. SHORELINE STABILIZATION -A1114 a b Type of shoreline stabilization Bulkhead Riprap Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of informnrion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap ----- (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be br ught to site? Yes No b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area Amount of material to water Dimensions of fill area (3) Purpose of fill (2) Purpose of fill 5. GENERAL a. ° How will excavated or fill material be kept on site and erosion controlled? 5 ; i' 1'5 /)p:r,a re-?'?,?6,'?,rd tt en e need. Penc e. tuu i p ro twit n e4 c b. What type of construction equipment will be use (for example, dragline, backhoe, or hydraulic dredge)? r dredAe- in r `ver @xCQVct?aor , /611// ter a SPO: / S.`/-e c. Will wetlands be crassed in transporting equipment to project site? ? Yes No If yes, explain steps that will be taken to ,lessen environmental impacts. CXtsfi r, a Qte ess road tv. e-- ro e Srn&ll Weik,ad- et ,- eot. . read Vensltrat?,'os-? lArekItoasly eb??`n ed in lg9SPraj ecf. 5e4 AV6aac 4C4C d( U6, CIVC-/A015a, Clokell AppUcant or ject Name W, Id. 0 NAsr1V 4v4) Date Revised 03/95 Form DCNI-NIP-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 1/ No 3. SHORELINE STABILIZATION -A1114 a. Type of shoreline stabilization Bulkhead Riprap (2) Purpose of fill b. Length ` c. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. • How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? • re tie . .hegl (Source of informorion) /- u Se PA 79 V_ L° re .5 ,10 4P7 A -AA & 11 1 111 he s / 14y h f. Type of bulkhead or riprap material , , e n r g rq$5 +5../A enc,-- luJll p ro Rcf - n e r b. What type of construction equipment will be useed ?'? (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level r rC in ` v ? ; IL ° (1) Riprap o i_ Varia r ze S'L"'Ce (2) Bulkhead backfill c. Will wetlands be cr3ssed in transporting equipment h. Type of fill material to project site? ? Yes No If yes, explain steps that will be taken to lessen environmental impacts. EXtsfi ?a ace ess i. Source of fill material rogei /e V k_ r0 e S r' ea , v r read rtaf_!'e /you eb?'n ed :n l99SPr?j ec 7L. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be br ught to site? Yes t?No Applicant or Ject Name . J,M C ligsTAN6) Signal to Date If yes, (1) (2) Amount of material to water Dimensions of fill area. (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes L/o If yes, (1) Dimensions bf fill area be placed in the Revised 03195 Pierce Creek Entrance Channel Dregding Project Site Map \ ?l ?? s a c., r. OR-/E N TN AA L OR\ /\ \ \\, WAY-' JL SPO 1 SLEE. v L \-%,X/Op b gtP b L!FIECTY-- ?Ay'E- y . / Q 1J ` ti `` Ac&Nr wala L rAO-UAMM (, 1orA? - KNC?a?, v lor2:L - aEAN LOT as - 14 9,FF LOCATION MAP SCAL F : l 2000 STA 25.00..- _- _-_.< N STA 24.00 _ STA 23.00 STA 22.00_ ___ STA 21.00_ __ __ STA 20.00_ - STA 19.00 - ___ STA 18.00_ -. STA 17.00_ - d STA 16.00__ -_ _ STA 15.00_ - STA 14.00_ _ STA 13.00_ - -.- STA 12.00- -_ _ STA 11.00 -___- STA 10.00-- _.- __ STA 9.00 _ STA 8.00 STA 7.00 __. STA 6.00 STA 5.00 _ STA 4.00 . - STA 3.00_ __. STA 2.00__ STA 1.00____ _- - STA 0.00__ --- - 0 N G! 52, zw End Proiect ---- o ro o a ?o - - io E 0 - a vi a > - c a, o o E 0 a) '0 oo x t- a o (u ui zi U U x Cu O a? o O E 0 d N V) W m ie> w? Y t0 g STA -1.00 STA -2.00 Begin Project STA -3.00__- ? m U Y d ? E 0 00 m v? v X o w W -o U) v rn v w ? T ? z z a? i o Q # +I 0 t N j? 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