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HomeMy WebLinkAbout19970920 Ver 1_COMPLETE FILE_19971027State 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 ' ffl?.'?TA T4 ED FE F=1 November 19, 1997 Perquimans County WQC 401 Project #970920 APPROVAL of 401 Water Quality Certification Mr. Stephen Sawyer 6017 Lockamy Lane Norfolk, Va 23502 Dear Mr. Sawyer: You have our approval, in accordance with the attached conditions, to place fill material in 590 square feet of wetlands or waters for the purpose of stabilizing a shoreline at Lots H-22 and H-33, Explorer Arch, Holiday Island subdivision, as you described in your application dated October 27, 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. 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 o` the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Central Files John Parker; DCM Charles Wilson 9709201tr Sincerel e n Howard, r. P.E. Division of Water Quality • Non-Discharge 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Stephen Sawyer and Charles R. Wilson 2. LOCATION OF PROJECT SITE: Lots H-22 and H-33, Explorer Arch, off Holiday Island Road SR 1347, Holiday Island Subdivision, Perquimans County, Albemarle Sound Photo Index - 1989: 116-5 (B-14) 1979:126-1581 (V-12) State Plane Coordinates - X: 2774670 Y: 863600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 9, 1997 ry Was Applicant Present - No 97 0 J -., o. 5. PROCESSING PROCEDURE: Application Received - September 22, 1997 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation, Community (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private, Residential (E) Wastewater Treatment: Existing - Community Sewer Planned - N/A (F) Type of Structures: Existing - Mobile Homes Planned - 80' Bulkhead (G) Estimated Annual Rate of Erosion: 10 inches Source - Applicant ?j .1u 'I _.....? ....Antf1C C:?V,?.. . 7. HABITAT DESCRIPTION: [AREA] DREDGED IF LLED OTHER (A) Vegetated Wetlands ES 350 square feet (B) Non-Vegetated Wetlands PT, EW 240 square feet (C) Other (D) Total Area Disturbed: 590 square feet (.014 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: N/A 8. PROJECT SUMMARY: The applicants propose to construct 80 feet of treated wooden bulkhead an average distance of 3 feet from shore along a man-made canal and to fill 350 square feet of vegetated wetland fringe along the shoreline. oc Stephen Sawyer and Charles R. Wilson Bio Report Page Two Site Descri to ion The applicants own two adjacent lots (Lots H-22 and H-33) in the camping section of Holiday Island Subdivision, Perquimans County. Each lot is 40 ft. X 90 ft. and both have a combined shoreline length of 80 feet along a man-made canal off the Albemarle Sound. The properties are accessible from Holiday Island Road (SR 1347) through Discovery Trail (private) to Explorer Arch (private). Adjacent property consists of like sized lots developed with quasi-permanent camping trailers. The lot to the east is bulkheaded and the lot to the west is not. Both the applicants' lots are developed with camper type structures. Vegetation on the property consists of loblolly pine inus taeda), beech (EQ= ran if lia) and indigenous grasses which are regularly mowed. The elevation of the property is approximately 3 feet above sea level and the soils are a sandy loam type. Near the shoreline, a wetland fringe vegetated with arrow arum (Peltandra virginica), marsh pennywort (Hydrocotyle umbellata) and marsh purslane (Ludwigia alus ) exists. The applicants have been using this area as a boatramp and as an area to beach small boats. The vegetated wetland area size is 350 square feet and the applicants have indicated a 10 inch annual shoreline erosion rate. The waters of the Albemarle Sound in this area are classified as SB by the Division of Environmental Management. Development Proposal In order to protect their property from flooding and from erosion, the applicants propose to construct 80 feet of treated wooden bulkhead an average distance of 3 feet waterward of normal water level with a 5 foot maximum distance from shore. The applicants propose to backfill the bulkhead and to fill the wetland fringe area. Anticipated Impacts The construction of the bulkhead and the associated backfilling will result in 240 square feet of Public Trust and Estuarine Waters being filled and 350 square feet of vegetated wetlands located in the Estuarine Shoreline Area of Environmental concern being filled. Approximately 15 cubic yards of fill material will be placed below NWL for bulkhead backfill. Temporary water turbidity will occur during construction. CAMA Review This proposal is being reviewed as a CAMA Major Permit Application since the proposed bulkhead will be placed along a shoreline that is not void of wetland vegetation. Stephen Sawyer and Charles R. Wilson Bio Report Page Three No archeological/historical significance has been associated with this site. No unique remnant species or geologic formations are known to exist within the project area. A Perquimans County Land Use Plan Consistency Review will be submitted separately. Submitted by: Frank A. Jennings, III Date: October 9, 1997 ,,w- _. . Form DCM-MP-1 APPLICATION AUG 2 9 1997 (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT /fo,??aa?, sstA,yi) . ?,eyFm?y ,c.l.c. a. Landowner: CA) 6 /_U1_yc,2?j - - - - - C..)?Csonl Name ?21-14RLe5 Address / 2 9 CS A)E 7-1- es Diet ?c . N_ok.csx? -- -- -- - JA - City 1Ucr&(J,0oA7' AJ,5W6 State VA. -- .235-o2 ---- --- - - ----757--.q&l Zip Z 3 (? o? Day Phone & 8FP - 4 3 8 9 (7-17 ) c. Street address or secondary road number CXP[.o,eeg AecN (1o7'1.1-22 ?N Z3) d. Is proposed work within city limits or planning jurisdiction? _v"' Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 1n1;.?1".4&s jCA/L/Az OFG 7-,V,,5 ALgc mA e 1- 50u,JZ) (40L) n?, zscnJD? Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Y(A,/rllenck' ,)o s/ee,,- Address City r State Zip V Day Phone `/967 /Z 1/7 Fax c. Project name (if any) A NOTE: Permit will be issued in name of landowner(s), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Pct Al, (? U L r L,- A)S a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 'BuLKNGAL OIJLc.?. b. Is the proposed activity maintenance of an existing project, new work, or both? _A]LC.J WO,eK. c. Will the project be for public, private or commercial use? R i V A rc- 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. h cJC P I3i4.yK r2 ctrl Lf, re 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 c. Average distance waterward of MHW or NWL 3 ? tr d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months D iyche5 (Source of information) O4seRVI¢N f. Type of bulkhead or ri rap material wdo c g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill t?c? yu?p?s h. Type of fill material S -.., K. - c bg- 9 i. Source of fill material c??mP,Qr;w? D? 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? ?Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area 2-?L X I f'-X 50 7`' (3) Purpose of fill baL&E l ball hhga b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area A"% "K ? ?1X ?y r (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site ? and erosion controlled? /JAss co v eR b. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? c. Will wetlands be crDssed in transporting equipment to project site? Yes ?No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or ect Name Signature Date Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract go Fr W or 9o Fr 'k0A)6 b. Size of individual lot(s) 40E 1- W%aG 9o FT ?o,JG• c. Approximate elevation of tract above MHW or NWL /APP 3 FY d. Soil type(s) and texture(s) of tract C t A 4/ S A.UD e. Vegetation on tract gk4ss `{- T)eC-C_g V f. Man-made features now on tract M4 It/ n14oe e /4 AJQ L. g. What is the CAMA Land Use Plan land classification of the site? (consult the local land use plan.) _v-1 Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? IPL' 5 i b 6A)f,;I L i. • Is the proposed roject consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? . archaeological assess ent been Yes No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ? No 1. Are there wetlands on the site? ? Yes No Coastal (marsh) Other If yes, has a delineation been conducted? N o (Attach documentation, if available) m. Describe existing wastewater treatment facilities. St?cyAEC T,eme,0Ym81._Jr AL17 A) r! 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.) 5 ?,e FAcc 00AJ oFr aF Gvamve o. Describe existing drinking water supply source. LcJATL.Q P20 Vt b A Ak-grF-,e/1 5. ADDITIONAL INFORMATION In addition to the completed application form, the following 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 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 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. (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 ^--'--? ?„ter Form DCM-MP-1 1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • 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 Address 5317,3 04 t)A ,0A1 A Phone 91c1- Z./-2,&. 1149 r1R z79G,4 Name .Tu D?, AAjA :5,o 5 S u ,ec14 Address look r"u)eo/+c.l.f MAL. Roa.b Phone 757. 539- 2_Z8 a 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. nJ 0.4J . • 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. AUG 2 9 1997 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 3A day of ? , 19 . Print Name - --- ?Ic? -- P Signature ? r Authorized Ag Please indicate att project. CM MP-2 DCM MP-3 DCM MP-4 DCM MP-5 DCM MP-6 achments pertaining to your proposed Excavation and Fill Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 I. Form DCM-MP-2 ?, UG 2 9 1997 EX.CAVATION 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 (MLW) or (NWL) Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) XEXCAVATION a. Amount of material to be excavated from below MH-W or N`VL in.cuoic 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 X DISPOSAL OF EXCAVATED MATERIAL 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? V..;-.t n110r 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 If yes, (1) Amount of material to be placed in 'the water (2) Dimensions of fill area 2- L Y 1"x 8'6 7` (3) Purpose of fill bc?cX-r;11 ball tihga 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length .?70 Er c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL r17- e. Shoreline erosion during preceding 12 months / o s yctie5 (Source of information) O4seRV?7 7--orr f. Type of bulkhead or ri rap material wdoc_ g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill ???? Yu6P?s h. Type of fill material 5,-4,7,X- i. ? g Source of fill material c??irie,2r;a,? D? 4. OTHER FILL. ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought 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 t% "K,? `X (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? ? /),ass ca yell b. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? c. Will wetlands be cr3ssed in transporting equipment to project site? Yes L----No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or ect Name Signature Date Revised 03/95 .1 J r 6.Md.7. 15 ?' J 1001 - -_10 . ,2 1, ti L 7J ox /1.7' 77 y OL r C R 1217 21 1? x ?- 1o i]o? 3 L WINPALL POP. 634 11LY ' 1111 `? 17 II21 .,, .. B-h spmgl ? ? II,, 1 1 1? ? / 11 1?2 J7 , .ERTFORD . ' . . - ? POV. •1,911 I • 1y 56 17 LI I I , 1110 V:`L .1 '? :i rA5 L? ! Liu v .igz • 2 . 1 .. ... 37 -7 Inc .0r 1 1 1 ? / 7 •. tip' l . o ? 101'2 4 16 P46 ' ••' Wood,ill. J T ` `' R1 \ j ~rporv .7 I U17 W o 1217 oodA* 11 • / frf 122f 1 . In e J32L '° .. 1222 !2?3. ? ?? 'J ?? 1 11127. .? 17 rJ O 36 : J Pu 59 ' 1 JU4 1302 \ 1111 •, o !24 Woodlond QL un .? u LM U :`?' 1241 '?'1 C` O 1719' 1.1- ?1`' IL c % ? 321 17.7 ,4 TJ 1]]] 1307 , \ J.U4 -. 1? .s 32l. 122L 1101 :5 `\ .Cl '? 9 b iP c ,^ Lti9 ate ,3347.?9? 1o -??! New Mapa y .I 3 !31d `\' .] '?` lr ?ti J131, 1117 I]?] I]00 1.e E w A 1.117 1319 's y0 ' J7 ?\ \ ?? ?. q 1 1]10 ? 2 1.7 N tin Jay' b 1 ?? 1]]0 ` 1 12 131, 'PIP 1 I?12?\ .. 1]79 \ ? \ \`/ - ? ? \ ?^^?''\??\ 1 ]17 1710 ?• y 17 .e ? •S'. '"? J3 1100 `,I -? 1101 Berhel QL /.] p Tw... 1]11 _ I) 1011 ® 1210 •. 7a I]1s Holiday Island 2'1 I-L2-3 111] - .. 7! \ ?__? . o ? A I / J ?-. m un w ?? a 13 E0 HAWYEY NECK Harbor J6'OS' 77 _-? - 36°OS' 1R/VER N" Z, ? - G 6 N D 1?0yeR - o U s OoR,- SiTE- R L M A g E 78 A L 1367 1330 1 27 FAS ope 37 1700 Js 03Q 1 1100 1179 IL r! I ?j I Go. N- 3 ?I A4 Su 11C?lericl /'?// / ,vuc1L l?-?? i Lj9-rU d 41 lG w J / A) LL) L W I BC) ?R?r?tP .Alz Fr+ CA-A P? ?S 75 ? ,qEc Lo L. X PL-G4 A ? , ISD d- S wy ?,? Nv??dyl ,4,e c ?+ IQ /i(,) SC j} /C • ` I l - ;- o , C X15TING- t14E-t+ Q /? T ? ? y ? PcCE1VED S EP 2 tom F,E) A) C-L