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
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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
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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
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ignature
Oahz / 97
Date
Revised 03/95
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