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
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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
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