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HomeMy WebLinkAbout19970788 Ver 1_COMPLETE FILE_19970915St4e of North Carolina D9parylnent of Environment, HealttpM? and Natural Resources • Division of Water Quality ?r 5ames B. Hunt, Jr., Governor Wayne McDevitt, Secretary ID E H N R A. Preston Howard, Jr., P.E., Director October 21, 1997 Perquimans County WQC 401 Project #970788 COE #199706965 APPROVAL of 401 Water Quality Certification Mr. Alfred & Ms. Gloria Roth Route 3 Hertford, NC 27944 Dear Mr. & Ms. Roth: You have our approval, in accordance with the attached conditions, to place fill material in 0.1 acres of wetlands or waters for the purpose of constructing a bulkhead and jetty at lots 6,7,A Little River Estates, as you described in your application dated September 15, 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 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, ton How Jr. P.E. 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 9707881tr 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%6 recyded/100/6 post consumer paper I I o V. P9 41e:ta S S try Hoy ?? ?INP H a N oa en r?roy3 ro •°a ? a ? y ? y ? w??N? w w y, n ? w rf \1 i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO September 16, 1997 ATTENTION OF Regulatory Branch Action ID No. 199706965 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: ` ECEIVED SEP 2 2 1997 ,FJW1RrwWftIT' LSC6N0ES Please reference the application of Alfred and Gloria Roth for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and place fill material within freshwater wetlands, on property identified as Lots 6 and 7, Section A, Little River Estates, located off State Road 1406, adjacent the Little River, near New Hope, in Perquimans 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. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by November 17, 1997, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, kRL?"- "-'V Jw- aleigh Bland, P.W.S. Regulatory Project Manager 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 sue:.: _. i ?? REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199706965 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON; NORTH CAROLINA 28402-1890 September 16, 1997 Alfred and Gloria Roth Post Office Box 731 Hertford, North Carolina 27944 Dear Mr. and Mrs. Roth: On August 5, 1996, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received September 11, 1997, for Department of the Army (DA) authorization to construct a bulkhead and place fill material within freshwater wetlands, on property identified as Lots 6 and 7, Section A, Little River Estates, located off State Road 1406, adjacent the Little River, near New Hope, in Perquimans County, North Carolina , indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you be¢in work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199706965 and -2- will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919) 975-1616, extension 23. Sincerely, sleigh Bland, P.W.S. 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 r Raleigh, North Carolina 27611-7687 John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 J -3- Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands, Oceans, and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 r 4 ? DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 9 7 0 7 8 8 1. APPLICANT'S NAME: Alfred and Gloria Roth 2. LOCATION OF PROJECT SITE: Lots 6,7,A Little River Estates, SR 1406, Sharon Drive, New Hope, Perquimans County, Little River Photo Index - 1995: 162-1665 (N-4,5) 1989:121-11 (Q-17,18) 1984: 118-829 (E-8) 1978: 130-1304 (C-15) N 1 1991 State Plane Coordinates - X: 2807360 Y: 891800 L)PL 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/21/97, 08/28/97 Was Applicant Present - Yes, Yes EWIRnnWt ITALSCIENCES 5. PROCESSING PROCEDURE: Application Received - July 22, 1997 - Complete August 28, 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 - Septic field Planned - N/A (F) Type of Structures: Existing - Single family dwelling, 389 feet of bulkhead Planned - 193 feet of bulkhead, 30 foot jetty v (G) Estimated Annual Rate of Erosion: 2 Feet Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ES . 2,960 square feet (B) Non-Vegetated Wetlands Jetty Footprint PT, EW 45 square feet (C) Other ES 1,310 square feet (D) Total Area Disturbed: 4,315 square feet (.099 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: Construct 193 feet of bulkhead through a wetland area and landward of the NWL and fill 2,960 square feet of freshwater wetlands. The applicant proposes to construct a 30 foot jetty and to fill low areas in his yard located in the ES that total 1,310 square feet. L Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name ALFRED -i C?LdRtJ? ReT Address R T• 3 6 OX G City t1ERT Fo R 17 State )Y Zip A 71 *4- Day Phone 2& `f Fax 44,4- 4-3k -< RECEIVPT) jul 2 2 1997 b. City, town, community or landmark NEW i? a? c. Street address or secondary road number 6-r"3 G'n x d. Is proposed work within city limits or planning jurisdiction? Yes ? No e. Name of body of water nearest project (e.g. river, creek, sound, bay) L i -r.--r L-C-- R ? V L-:K 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County p E R qu t M g MS Revised 03/95 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. (_oNSTRULT 13U LK 14Eno - w 6 TH 3 Rf-!•C S I L L GRRVe Yr4RD 13ut4-D ?!-E'rT?/ b. Is the proposed activity maintenance of an existing project, new work, or both? tVMW 1, 6KK c. Will the project be for public, private or commercial use? i ?eR i VA-Fr-- 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. U 5 r B f-(i-K d,0 R AAJD ,JE; pJ"F Tc SET r3trLk1iE'09D JJ51= D o Z t ER -/-M R A 'L'TV r1';Z T- LEviEE'L YARD- YARD WILL, 13c 5? Ei?CQ . Form DCM-MP-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 MR-4MK5 PAyiO NfL.E5 Address 53'7 -PR2 rjTi 55 Dk- Phone Cf4M5APcKe VA, 433-2o Name MR- WILL1flJ4 MaRRcW Address R-r: 3 13 Cx .5'45- Phone L t t4 ca LNTa N N• e, art, 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. 6- t' - S37 S 14 • 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. JAL 2 ? 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 a 1 day of Tu i)? , 19 7 T Print Name &? oR r?+ r'C o -t `i 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. Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any pagital wetlands (marsh), SAVs or other wetlan Yes No f. Does the dispos include any area ' the water? Y No 3. SHORELINE STABILIZATION a. Type of horeline stabilization Bulkhead Riprap b. Length /! :? x 4-ANO tva 9JO c. Average distance vmdaeswd of MHW or NWL Lrty d ?a??ep d. Maximum distance watmusei of MHW or NWL 7 e. Shoreline erosion during preceding 12 months ,2 Fee-r- (Source of inforn otion) O 13Se P V riT/o v f. Type of bulkhead or riprap material -t-y' L7?76-4 to cod g. Amount of fill in cubic yards to -be placed below water level (1) Riprap 0 (2) Bulkhead backfill o h. Type of fill material i. Source of fill material up)I'Vv/d CVtr"''C e. T 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fi 1 material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? ti/ Yes No If yes, , (1) Dimensions of fill area VA-klous ceNaT a-- 9 0 0 4-q- (2) Purpose of fill SRS 5. GENERAL . a. How will excavated or fill material be kept on site and erosion controlled? 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 ?No If yes, explain steps that will be taken to lessen environmental impacts. ,41- PkC-76 7--c-L4 X0III Applicant or Project Name I Signature Date Revised 03/95 ALFRI-D + GLoI-, I /t Ro-rij S.1, i-- N W L S , Es i)AVID Nl---- S/y,?RON Oq?V? 6p, R/W L jf I--1= R? V rv-f---,, L., 5 T-A-r- 5 N L. W ?'? a P L TOW N 511 1 p : V I? U 1 -Is l L t`1 S Lo U !U ?RvSS - S?'CT/?'? t3ui-KozA0 -T GRatN Qft?O?'? yAR9 `J W ,LU ft P4 M° R R-°*"4 P, EeCIVIM' n JUL 2 2 1997 L T r L E 5,' ENp?EPO L 68.3• 3g. 9 fY F ? 4 G 0 ,?w e v P A, oti ? P V c I' se.rtL? 19111 ?? (? .. ._ .. - - . Z _ ? __. O ? ? -- ?..- (? ? ._ ? - . ? ? >? t ry \ t ` 5 P79 Paflmlle a. 1 g ,z3A ,a], 69 - Owaan /A 4-:s ore PL--x m I -r A s 4 G o r 9 I ti RIY?R °n I8 t? i 1•. ? 6 ts' .0 D-7r-,YT- INSET Q3 ( ?ESlE°,. ? 10.,? lama 16 1211, o ? P46 •`, 1225 a _ 1 Woodville 4 1 1Ia ?Sa 7 } Aif Po<, 1 1.1 13• 7 11 Q 111 ?,. C44 i 1217 '! 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