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HomeMy WebLinkAbout19970993 Ver 1_COMPLETE FILE_19980122State of North Carolina Department of Environment and Natural Resources A411 Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary D E N R A. Preston Howard, Jr., P.E., Director January 22, 1998 Perquimons County WQC 401 Project #970993 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Ms. Donna Wood 5405 Stewart Drive Virginia Beach VA 23464 Dear Ms. Wood: You have our approval, in accordance with the attached conditions, to place fill material in 546 square feet of wetlands or waters for the purpose of replacing a bulkhead and pier, as you described in your application dated November 10, 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 211.0506 (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. 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 Si e , reston ar , Jr. P 970993.1tr 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 Lw"'? REPLY TO ATTENTION OF Regulatory Division Action ID No. 199810258 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 14, 1997 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: -< .9 Please reference the application of Donna L. Wood for Department of the Army (DA) authorization and a State Water Quality Certification to replace a bulkhead and construct a pier, on property located off State Road 1406, in the Little River Shores Subdivision, adjacent the Little River, 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 January 17, 1998, 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, QAIeL f -A Raleigh Bland, P. S. Regulatory Project Manager Copies Furnished: 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 MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Donna L. Wood 2. LOCATION OF PROJECT SITE: Lot #6, Shore Drive (SR 1406), Little River Shores Subdivision, New Hope Area, Perquimans County, Little.River Photo Index - 1995: 162-1665 (N-11) 1989: 121-11 (P-12) 1984: 118-829 (E-14) 1978: 130-1305 (E-5) State Plane Coordinates - X: 2808400 Y: 89050670993 RECEIVE, 3. INVESTIGATION TYPE: CAMA/D&F NOV It 0 199 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/01/97 WATER QUALITY SECTION Was Applicant Present - No Non-Discharge COMpliance Enf. 5. PROCESSING PROCEDURE: Application Received - September 9, 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 (E) Wastewater Treatment: Existing - septic field Planned - N/A (F) Type of Structures: Existing - bulkhead Planned - bulkhead, pier (G) Estimated Annual Rate of Erosion: 4' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLFD to" Po" s (A) Vegetated Wetlands ES 280 square feet (g) PT, EW 266 square feet Pier/Platform Shallow Water Habitat 1,400 square feet (C) Other (D) Total Area Disturbed: 1,946 square feet (.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicant proposes to replace and backfill 50 feet of treated wooden bulkhead and to construct a 6' x 150' pier with a 20' x 25' platform in the Public Trust and Estuarine Waters. The maximum distance from shore for the proposed bulkhead is 14 feet. Donna L. Wood Bio Report Page Two The applicant owns a .34 acre lot in the Little River Shores Subdivision, located at #6, Section A, Shore Drive (SR 1406), New Hope Area, Perquimans County and the Little River. The lot is mostly level with an average elevation of approximately 6 feet above sea level. It is vegetated with loblolly pine (Pinus taeda), sweet gum (i .iquidsmbar stari.ifl ua), wax myrtle (Myrica cerifera) and indigenous grasses. The soils are a silt loam type. Adjacent properties consist of similar sized lots. Both lots are bulkheaded and one has a single family dwelling. The applicant purchased the lot in 1982 and a bulkhead had been constructed along the shoreline prior to the purchase date. Several years ago, the bulkhead was damaged during a storm and a section located almost in the center of the lot's shoreline, separated. Because of the breach in the bulkhead, the riverbank began eroding. Currently a semicircular area of approximately 231 square feet has eroded behind the breached bulkhead. Public Trust and Estuarine Waters occupy the eroded area and a wetland fringe vegetated with arrow arum (Peitandra virginica) has been established. A second area of the bulkhead located at the southeastern corner of the lot has also suffered storm damage and a triangular shaped area of approximately 35 square feet is being occupied by Estuarine Waters. The waters of the Little River are classified as SC by the Division of Environmental Management. In order to protect her shoreline from further erosion, the applicant proposes to rebuild her bulkhead to its original alignment.' Approximately 50 feet of treated wooden bulkhead will be replaced and backfilled. The bulkhead alignment for the repair area will average 6' from shore with a maximum distance of 14'. The applicant also proposes to construct a 6' x 150' pier with a 20' x 25' platform at the pier end. The repair and backfill of the breached sections will result in 266 square feet of Public Trust/Estuarine Waters being filled. The backfill will also result in approximately 280 square feet of wetland fringe being filled. The construction of the pier and platform will result in 1,400 square feet of Public Trust and Estuarine Waters being shaded. 4 Donna L. Wood Bio Report Page Three The site plan supplied by the applicant delineates wetland areas immediately behind the damaged bulkhead sections. A site verification revealed that river water now occupies that area and a wetland area exists adjacent to the water. The development proposal includes Public Trust, Estuarine Waters and Estuarine Shoreline Areas of Environmental Concern. Short term turbidity of adjacent waters will occur during construction of the bulkhead and pier. , No archeological sites are known to be associated with the project area. There are no unique remnant species or geological formations known to be associated with this site. date. A Perquimans County Land Use Plan consistency review will be submitted at a later -Fubmitted by: Frank Jennings Elate: October 28, 1997 .Form DCM-MP-1 APPLICATION- (To be completed by all applicants) . 1. APPLICANT a. Landowner: Name ?1?lJ?.?A L . W Oo Address 2405 S-rT--L,/A1zT L?VE: City V1261AJ/A BL State VA 23L4 Zip Oq Day Phone (7S7) 6 ZLf -Za4jo Fax ?S7) CZy--ZZgq 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. 9 1997 b. CjV I? ,,Tni yr lan?D?,? c. Street address or secondary road number LoT*' 6 "2T. 3 eEa. A LM E_12iv,t-:- SNOa2Fs d. Is proposed work within city limits or planning jurisdiction? Yes ' V""INo e. Name of body of water nearesLpro'eect/ (evver, creek, sound, bay) LI TTLI? /?? 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. Q-=F11GE E?C1S-n" ?,1L,?f-4GAt? ar:r-> 1 FocT 1Pm2., FACJ--F111- AkIF,> &lLDA 10 STD2.dC,E SHOD - " b. Is the proposed activity maintenance of an existing project, new work, or both? BOTN e. Will the nroiect he for Public, p ri`?ate or commercial use? F 4VATC 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. WMP CauS7 VC-Ti0A1 ;ul,1tNE.gG To f?EPAcF' PjLZHEAD LAMAG D -gY Nu-Qi6u!: WC MV c0n1S-r=Jc11ams }?ILrG- AA -1.4 2. LOCATION OF PROPOSED C0QSz&1CTC'D STV124GE SW- F1>-PROJECT F=i941MC, Ak.rU FORT T?CV-1A16. S-7 Fat STOR C-E. C LAQPt5C - M 9WPMOU'r BULgPE4?r,> 7Z) BF a. County IBC -Q Revised 03/95 46 Form DCM-MP-1 4. LAND AND WATER - CHARACTERISTICS a. Size of entire tract m/A b. Size of individual lot(s) 9 X 1?3D? c. Approximate elevation of tract above MHW or NWI. 3' + ABOVE Jll AL. WA7F- AFL d. Soil type(s) and texture(s) of tract P_oAiJVV£. LodM e. Vegetation on tract LAW" 6)2A SS AA JD f. Man-made features now on tract W ooU> g. What is the CAMA Land Use Plan land classification of the site? (Consuk the local land use plan.) V--c-onservation - Developed Rural Transitional Community Other' h. How is the tract zoned by local government? Y55 - P_ES1F_>E7l1T1AL i. Is the proposed consistent with the applicable zoning? 11?? Y__es No (Atta(* Zoning eompuance certificate, f applicable) j- Has a professional done for the tract? If yes, by whom?. k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eli, ' le property? Yes No 1. Are there wetlands on the site? Y?s-No Coastal (marsh) Other ? If yes, has a delineation been conducted? (Attach documentation, if available) archaeological assessment been Yes No m. Describe existing wastewater treatment facilities. SE'F T"l L DJI.LY 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.) ?/EFA- J77AL T7)_54.-JA2ES o. Describe existing drinking water supply source. C-OUA JTY 5. ADDITIONAL fNFORMATION 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 aCSuratn &tted work nlat (inrludin¢ nlnn view ?? - Ir ?'-'.. a r- 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 Revised 03/95 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 -RI-LY 2-EET> Address 161-3 CAMELLIA CLIZ. CMS _IIG 27909 Phone (919) 338 -Z660 Name L-E s t VALr-:OjE BUBB Address 2T r5ox 453 G HEr2JFa21??ClG 2 L/Y Phone 19 ? 6LI --5-7L/3 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. "IA 19 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. 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 wiii -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 12-"day of /U1A2L,1, ig 97. Print Name Signature X 21 ZZ44-k weer or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information M MP-3 D Upland Development :j? CM 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 03195 . Form DCM-MP-2 EXCAVATION .FILL AND (Except bridges'and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 'Wiei tectionS of the Joint Application that relate to this proposed project. Desci:ibd, below the purpose of proposed excavation or fill activities. All valiies to be' given in feet. Average Final Existing Project Length Width Depth Depth Access channel ' . > (MLW) or (NWL) :'Canal Boat basin . Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) WMIX i-••{i:':i +LiY i '{•- ? ?:? '• l > '? I SS??ii , _ • •• i:: : : J F . v( . 01 T`J 9 1997 1. EXCAVATION 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 a. Location of disposal area b: Dimensions of disposal area c. D'o 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? 4 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 r3. SHORELINE STABILIZATION a. Type o oreline stabilization Bulkhead Riprap b. Length e-3 c. Average distance waterward of MHW or NWL IJ-'T' Pi5TAk1c>= F120M MNUI oP- N WL d. Maximum distance waterward of MHW or NWL ly' DiSTAkicF- MAX mom mw orz NwL. e. Shoreline erosion during preceding 12 months 4 oXVMATEL.Y (Source of information) If yes,. (1) Amount of material to be placed in the water (2) Dimensions of fill area APPQoX. 63' X!4'X ID (3) Purpose of fill TD 5 671.IFU AJFIAJ AA.JV WSMR.E &1L1GF-1FA1] EXISTIAX FJ20FM I-4AJE- b. Will fill material be placed in coastal wetlands (marsh) SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area,41%T?P1?C. 33-k1y' X 16' (2) Purpose of fill To s=Ztil(,THE -l 9E:w 15y! 1Ct-lJ ? AU.;:' e??1Jc ID6S- i" l Y? LI 5. GENERAL a. f. TK?ppe of bulkhead or ripra material 7?.-?_ ?ILJAJ6S _ U E4S?M b. A"P TIF_-n1 g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill c. h. Type of fill material CDA,0. 6124VF-1-. A'kJP CoMF-AC-Tt= Z--> F)L4-. i. Source of fill material VT'- AI`s PT 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill?terial be brought to site? V Yes No How will excavated or fill material be kept on site and erosion controlled? LFV=! Amp AS -SC0,J What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? L PLH oE=-. Will wetlands be crassed in transpo g equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. £%ii:I ,4 L. ?4Joo D 11 Apcant or ect egnature d3/IZ/97 Date Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial -Community _ Private (2) Number 1 (3) Length /SO (4) Width ? (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes No (i) Number 1 (ii) Length 25-' (iii) Width zO (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines LDCAT 38.1/z ( F3264 F4. (9) Width of water body I MILE (10) Water depth at waterward end of pier at MLW or NWL 4 t b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond wetlands MHW, NWL or e. Mooring buoys SEP i997 (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) - Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) L Y A• L. 14b0(? Ap it or Pro'ect NtQn,//'I ignature Oahz / 97 Date Revised 03/95 0oNNA` L. Oooo , Mial,R / C?M??" D?Itc,f41Ov ?CTJ? 9 ,nl l 1771 5 • ,x71 aTt,? Chp te1 `?? mat"its 1x]4 1773 . P46 •- Woodville ,. ?? 1.7 ix3a? A,rport J 7"' 'e4 I i 3x7 D - ` x 112213 fw Ixxd 1.5 1727 - /1370 17 , ? 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