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HomeMy WebLinkAbout19910116 All Versions_Complete File_19910509 ,,. ST 1.`( u v ?F State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Martin, Governor May 9, 1991 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director C.E. Lassiter, Jr. N.C. Department of Transportation P.O. Box-1405 Elizabeth City, N.C. 27900 Dear Mr. Lassiter: Subject: Proposed Fill in Waters SR 1137, roadside stabilization Currituck County Upon review of your request for Water Quality Certification to place fill material in 0.15 acres of water for roadside stabi- lization, we have determined that the proposed fill can be cov- ered by General Water Quality Certification No. 2176 issued November 4, 1987. A copy of the General Certification is attached. This Certification may be used in qualifying for cov- erage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact John Dorney at 919/733-5083. Sincerely, George T. Everett Washington DEM Regional Office L, ,-'Mr. John Dorney Central Files Division of Coastal Management, Raleigh GTE: JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Regional Office Pollution Pmendon Pays P.O. Box 27687. Raleigh, Notth Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer i GENERAL CERTIFICATION THIS GENERAL CERTIFICATION is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15NCAC2H, Section .0500 for the discharge of fill material to navigable waters or adjacent wetlands areaq which are above the headwaters or to wetland areas that.are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e. isolated wetlands) as described in 33 CFR 330.5(a)(26) of the Corps of Engineers' regulations. The category of activities shall include any fill activity in these headwaters and isolated wetlands areas where the activity does not result in the loss or substantial modification of 10 acres or more of waters of the United States, including wetlands. The State of North Carolina certifies that the specified category of activity will not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and, 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of 1 to 10 acres of such waters, including wetlands, requires a written concurrence from the Division of Environmental Management. Activities involving less than one acre do not require written concurrence. 2. Excluded from this General Certification are discharges of fill in waters classified WS I, II, or III (public water supplies) and SA (shellfish waters). This exclusion also applies to fill in wetlands adjacent to these waters. Discharge proposed for these waters or wetlands must be considered for certification on a case-by-case basis; STAi( J:. 4 . , /9s'1 e 4f State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management Highway 17 South • Elizabeth City, North Carolina 27909 James G. Martin, Governor William W. Cobey, Jr., Secretary March 26, 1991 MEMORANDUM TO: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Dept. of Transportation Roger N. Schecter Director Project Location: SR 1137 - Narrow Shore Road, adjacent Currituck Sound, Aydlett, Currituck County. Proposed Project: To stabilize 425' of roadside shoulder with rip rap. The rip rap will be placed on a 3:1 slope with a base that extends 15' waterward of NWL. The applicant currently has a General Permit for rip rap 5' waterward of NWL along the shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 15, 1991. If you have any questions regarding the proposed project, please contact M. Todd Ball at 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY U -__'This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the (attached comments. Signed Date Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 An Equal Opportunity Affirmative Action Employer i ti ® DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW PROJECT NAME : psi ; 7 o J S K // S / - .1 1-4('' COUNTY: e ?? PROJECT I1: STREAM OR ADJACENT WATER BODY: - ??--?•1 CLASS: BASIN: B!q5 OPEN OR CLOSED: (FOR SHELLFISHING) STORMWATER PLAN REQ'D: /V (Y OR N) IF YES, DATE APPROVED: PROJECT DESCRIPTION: ASSIGNED T0: DATE APP. REC'D.: p 3 2_7 (YY/MM/DD) JOINT NOTICE (Y/N) INITIAL REPORT: (YY/MM/DD) RECOMMENDATION: ?% ??? cep FINAL REPORT: n :y:-c) Z (YY/MM/DD) (ISSUE/DENY/OTHER) WATER QUALITY CERT. (401) CERT. REQ'D: (Y OR N) IF YES: GENERAL CERT:(Y OR N) TYPE GEN : 2, r d2 Qu O (INDIVIDUAL CERT : (BULKHEAD, BOA RAMP, ETC.) SEWAGE DISPOSAL j TYPE OF DISPOSAL PROPOSED: (EXISTING, PROPOSED SEPTIC TANK, ETC.) TO BE PERMITTED BY: (DEM,-DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? _(Y OR N) WATER/WETLAND FILL AREA OF FILL: WATER: WETLAND: IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N) DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? (Y OR N) AREA TO BE DREDGED IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? _ (Y OR N) MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATER: (ATTACH A MARINA USE ATTAINABILITY EVAL. CONDITIONS OR PERMIT RESTRICTIONS: cc: WaRO - Dorney - Central Files - DCM: J. Parker, Morehead City, Washington, Elizabeth City OFFICE OF COASTAL MANAGEMENT f. FIELD INVESTIGATION REPORT • * * * * * ,? f GT0 y o 1. APPLICANT'S NAME NC Department of Transportation ;> u ? 2. LOCATION OF PROJECT SITE-SR 1137 - Narrow Shore Road, adjacent, Currituck Sound, Aydlett, Currituck County. PHOTO INDX: 1989:_38 - 41 L, 11-12 1984: 127 - 693 G, 7-8 STATE PLANE COORDINATES: X: 2909025 Y:_959210 3. INVESTIGATION TYPE: DREDGE & FILL X LAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT-03-07-91 (B) WAS APPLICANT PRESENT Yes 5. PROCESSING PROCEDURE: APPLICATION RECEIVED March 21, 1991 OFFICE Elizabeth City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Currituck County - LAND CLASSIFICATION FROM LUP Conservation DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None i (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X_ COASTAL WETLANDS PUBLIC TRUST WATERS X ESTUARINE WATERS X OTHER (C) ;WATER DEPENDENT: YES X NO (D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING_N A PLANNED N A (F) TYPE OF STRUCTURES: EXISTING N A PLANNED N A (G)i ESTI14ATED ANNUAL RATE OF EROSION 21 SOURCE ADnlicant 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER (?3) NON-VEGETATED WETLANDS: Shallow water habitat ( ) OTHER: 6375 sq. ft (D) TOTAL AREA DISTURBED: 6375 square feet (0.15 acre) 8. PROJECT SUMMARY: The applicant proposes to stabilize 425' of roadside shoulder with rip rap. The rip rap will be placed on a 3.1 slope with a base that extends 15' waterward of NWL. The applicant currently has a General Permit for rip rap 5' waterward of NWL along the shoreline. r. 1. NC Department of Transportation Bio Report Page Two Site Description The applicant currently owns the road right-of-way along SR 1137, Narrow Shore Road, adjacent the Currituck Sound, Aydlett, Currituck County. The shoreline is characterized by a high bluff, 11' above normal water level, dominated by Loblolly Pines, Pinus taeda, and White Oak, 4uercus alba. The aquatic environment consists of shallow water habitat with an abundance of fallen trees due to rapid erosion. No submerged aquatic vegetation was observed at the project site. A wooden bulkhead currently stabilizes 100 ft. of shoreline immediately north of the proposed project area. The applicant proposes to stabilize 425' of roadside shoulder as part of maintenance of an existing road. General Permit #8096A was issued on March 15, 1991 for rip rap 5' waterward of normal water level along 500 ft. of shoreline in the project site. However, due to the slope of the shoreline, the applicant feels that a larger base of rip rap is needed in order to adequately stabilize the bank. The additional rip-rap will provide a 15' wide base that extends 10' waterward of the rip rap authorized under the General Permit. The bank will be resloped at 2:1 in order for the proposed rip rap to function properly. The slop of the rip rap will be 3:1. Filter cloth and smaller rock will serve as a barrier against sediment entry into the water. The adjacent waters are classified as SC. Anticipated Impacts The additional placement of rip rap will result in the loss of 6,375 square feet of shallow water habitat. Local, short-termed turbidity will be a result of rip rap placement. CAMA Review The proposed development site falls within the Conservation land classification in Currituck County's land use plan. The County calls for long term management of such lands and for development to be steered away from sensitive areas. The proposed site is more specifically covered by the Estuarine Waters and Estuarine Shoreline AEC policies of the County's plan. Uses allowed by CAMA permits standards are NC Department of Transportation Bio Report Page Three acceptable in the Estuarine System. Protection of the ecological values is highlighted for both AEC's. In addition to being compatible with the estuarine shoreline, the development must meet three performance standards in both AEC's: 1) A substantial chance of pollution from the development does not exist. 2) Development does not have a significant adverse impact on estuarine resources. 3) Development does not significantly interfere with existing public rights of access to, or use of, navigable waters or public resources. Based on CAMA permit regulations, the proposed rip rap as a particular use is consistent with Currituck county's land use plan. In addition, it is compatible with the present shoreline which is eroded back to a cliff which is 11 feet above NWL. However, the placement and physical dimensions of the rip rap must protect the ecological values of the AEC's and the three performance standards reference previously. Reviewing agencies must evaluate the proposed development in light of these County policy objectives. For land use plan consistency to be achieved, the proposed development must satisfy the objectives. Submitted By: M. Todd Ball Date: March 26, 1991 g'A C-P "Wo ?vmm?n as4?? P 1?3 ,,? CGS Safi ?,?g o ?mC G S •>>3 C°????caa° ,Ns???°rl a"e, Q°a?A : L15 ` of Pam 1a?Cal tiasC %A6 GS •,a`°m oc o? x$99 a ,?'U? secs P?0t ?avig S?°6A? EGG °n°r??T1avi?a tsara a? yr o(C°atin %JOIN ens. .V'MNOI VOOT, .4f,fjvw Co0 0 ?r Ji°?va?c Gib°t r?0 c Poc to ` l °JarI a?°t . C r, y Q] a? °ts° beano ,eefi s old y r cr ?S•Sm, ?° 9,s Division of Coastal Management Field Offices Raleigh Central Office N.C. Deparunent of Environment, Health & Natural Resources P.O. Box 27687 225 N. McDowell Sued Raleigh, N.C. 27611-7687 (919) 733-2293 U.S. Army Corps of Engineers Wiltnington District P.O. Box 1890 Wilmington, N.C. 28402 (919) 3434639 Elizabeth City Route 6, Box 203 Highway 17 South Elizabeth City, N.C. 27909 (919)2(A-3901 ...?;; ;... ............... ".._..;,;--•... C4, Gales Hertford .....----- ; i ?G?'1j ' •, d ? ? s Bertio v ' ?•'?? ;' Washington Tyrrell ; Wn_shington • ............. Box 1507 ' 1424 Carolina Avenue -Beaufort ---: Washington, N.C. 27889 (919) 946.6481 JJ Hyde a"rz r, \? o Craven Pamlico . Q Onslow •?t ........... Carteret ?, . . . . . . . . . . Pender r, - ' New Hanover / II'ilmington Brunswick 7225 Wrightsville Avenue Wilmington, N.C. 28403 (919) 256A 161 Morehead City V P.O. Box 769 3411 Arendell Stmct Morehead City, N.C. 28557 (919) 726-7021 1-800-682-2632 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 niust be completed for all projects. 1 APPLICANT a. Name NC Department of Transportation Address P. 0. Box 1405 City Elizabeth City State NC Zip 27909 Dayplione (919) 338-5131 X Landowner or Authorized agent b. Project name (if any) SR 1137 - Narrow Shore Road c. If the applicant is not the landowner, also give the owner's name and address. N/A 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Ma ntenance of existing road c. Will the project be for community, private, or commercial use? Public road d. Describe the planned use of the project. N/A 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 525 Ft. Long b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or Nattiplnal Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract Sand Clay SR 1137 - Narrow Shore Road e. Vegetation on tract Native grass and small shrubs. b. City, town, community, orImidmark Aydlet t f. Man-made features now on tract 100' long timber u ea c. County Currituck g. What is the LAMA Land Use Plan Classification of d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Currituck Sound 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel marina, bulkhead, or pier). Stabilize roadside shoulder with concrete, mar an granite rip-rap. 12/89 die site? (Consult the local land use plan.) X Conservation Transitional Developed - Community Rural Other h. flow s the tract zoned by local government? N/A I. How are adjacent waters classified? Sc j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 1 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structur-sprroposcd b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed C. (Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. I,., If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Ilave these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, Industrial/commercial effluent, "wash down"). If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established publle beach aceessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below M11W Upland fill areas Length Width Depth b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marsliland, swamps, or other wetlands? e. Iligh ground excavation, in cubic yards 1289 L Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type off ill material n. Source of fill material o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7- SHORELINE STABILIZATION a. Length bulkhuzd ar ripmp 425' b. Average distance waterward of mean high water or normal water level ±15 feet e. Shoreline erosion during preceding 12 months, in feet ±2 d. Type of bulkhead material No bulkhead e. Amount of fill, in cubic yards, to be placed below meanhilghwater 1600 CY Class Il rip-rap U CY tone orrow f. Type of fill material Rip-rap-Marl of granite borrow - sand clay 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 property. 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 cant' out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 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 18 high 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 site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 12/89 Name'. None Address 9 CERTIFICATION AND PERMISSION Na?ne Address TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. Ilie project will be subject to conditions and restrictions contained In the permit. Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None A check for $100 made payable to die Department of F,nvImnment , Nealtlt & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. , A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent wily such program. I further certify that I am audiorized 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 project. 111is is the 7 th day of march 19 91 x C'z -?..? CL. Landowner or Authorized agent C. r. 1.nsstter, Jr., ,P.E. 'District Engineer Division One, District One 12/89 ! l NOTE' STONE c ,elP• ;ems 7 . , IV f7 - I I I I _.- I I 1 Proposed Rip Rap Slope Protection Along SR 1137 by NC D.O.T. Aydlett Currituck County Sheet 2 of 3 02-91 Drawn by: J. W. Boseman Elizabeth City, NC elf' "'Al 1?e ';'/?'E/'>F_,??j n? Psi%'•'r',%/"irr. c` 7r,i .1 l 7? ? r r r 1,4 f r ? . f - ± I S' r Proposed Rip Rnp Slope Protection Along; SR 1137 by NC U.O.'r. Aydlett Currituck County Sheet 2 of 3 02-91 Drnwn by: J. 14. Bosemnn Eliznbeth City, NC No, folk -IS 1 IjWnalerrlt from bill E S 'Ind I ?srdle .F Portsn+outh Norfolk 76'00' PFWJEC-r c n?n_...._ Eliia6t?Citra? > c! ? dddl lh Ile K' e L Rie T PODtD1 [Ila C :vdle , Rylan y" flel idne ` bN?' ?j 7 ' U f COAT a hdol I Beith 3 l 11 C I1 (: R SIA 4•'" >,h Chap annke R Dtrl L \,-.( Crandy I •i nr +j er PER UIMANS"-- '9 I? •??`T'-l` 014 Trao SaneerlmQ • I - Tyner1 37 Wmlall 1 I7 .? JI reksr?IR? l-? I,? I1\v\ I lareisa ure' 31 t `'l?? IHn 11or I S. Nnonton 34 r l \ L PoWe" A Duck \ t S .ROWAN ?= n cw d..n `r1. IS Point hoc¦{ 1 31 Durants Neck aI Spo' '7 SS ohei 1 I wed. n. ) \ i l 'alhalla ! lNrblhQer 11 wpwa? !1 'rr -._, fr•.•ewnn 1 ". `0 5 t0 10 30 Point . / KI tv? 10 [--- ---- SCALE OF MILES ONE INCH FQUAI S APPROX 13 MILES - hmal 1•oah Aanr SCALE OF KILOMETERS ONE INCH [OUAIS APPROX 11 XILOMF TORS 1 0 10 20 - 3U t0 AS II DevH Hills ___------- y 1 MIIF IS EQUAL TO LG09 KILOMETERS R. ---'-- . Amrt---- pe., \l 1J f i ? ' Air 6arco '? i • ? ° \ - ( l ( i rer - ^e , ss it O 1'+ nu tc? ? ?1 n?t° L r'V uoe ?.`o' I 1 ors. wel„11r ?r L?ties? 3 i 1 nU ?' 1, ?, '°? ??•? 1 cur,n,Kk U.`M 6 C.G. St.. e ? I 1 ? ! ?Se v' IrA,I, r IJQ?O ?r ? I /' S ^ '?. f ( 17 • M 16 lv 36"20' r '/V/ "?1 i1c7 k n \ Ardlen ,.. ?< v 1 f \\ r Il „?, 1 C 0 U ?j T'7,\,7 CURRIVU ? i NORTH CAROLINA SCALE r 4 rirr' r rJl ??r A MILES iI.S) `? O1 I 1 _ 3 -_l lll /? Jl Proposed Rip Rap Slope Protection Along SR 1137 by,NC D.O.T. Aydlett Currituck County Sheet 1 of 3 02-91 Drawn by: J. W. Boseman Elizabeth City, NC n / / '?7titi `t???1??'i ??ril???}.?'_r'Jf1:"A.•":t??'Qi?.?'.!i'??'?.'3.''??P!t?a?'•''??'ij?j?7.L?`'?.:.`??7j v I i f "r _ROC K ? PU7l/ ) l_,? T I J F- P- C? /..1 ?` I Z? - 7??GV - P /JF-A U ( 1VII D f /Ff' I-, - 7 N I? /'i1 ?T Irv Proposed Rip Rap Slope Protection Along SR 1137 by NC D.O.T. Aydlett Currituck County Sheet 3 of 3 02-91 Drawn by: J. td. Boseman Elizabeth City, NC DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 4, 1991 S: June_;4 ---1991 Regulatory Branch Action ID. 199101570 Mr. John Dorney C Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of the North Carolina Department of Transportation, Division of Highways, for Department of the Army authorization and a State Water Quality Certification to place riprap material along the shoreline of Currituck Sound, Narrow Shore Road, near Aydlett, Currituck 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 may be 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, 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 by June 4, 1991, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Ralph Thompson, telephone (919) 975-3694. Sincerely, Ge Wrig t Branch 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 Raleigh, North Carolina 27611-7687 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management Route 6, Box 203 Elizabeth City, North Carolina 27909 A-CT1CJN4l-). 1K? I (J/3•iu Ov AL P' SAO A S c 6XI . cAvets is aQ4??cat'°? c?p+l AS c?AN C°as?, S >>S P_ ECG a?iU ??a?e S >>3 ?ti9 i?cao°° ?°ol ? C G t Quai``3 ?,>5 °? Pam??s? a?cal `N aye G S ?A ?4?' s te?i C• ?J? ?,cc 11• men??oA6 ?.? rat-?;_. MAR, a "Y i ?C,e C G S % e? a?ecs ?-I,*-?4tac °S ?,ct o4 X599 ?yavc ? • Nc?° • pia • ve?s rah "N fe? 01 z as c" O lid vIen ?N d, '14 avet P ?`scrary ? V Sol a? ?caAn?cc? ir?O rAQA s°qti Sec?'° fiy CA??ck ?i Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the reggested information is not relevant to your project, wri!e N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name NC Department of Transportation Address P. 0. Box 1405 City Elizabeth City State NC Zip 27909 Dayphone (919) 338-5131 X Landowner or Authorized agent b. Project name (if any) SR 1137 - Narrow Shore Road c. If the applicant is not the landowner, also give the owner's name and address. N/A If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Maintenance of existing road e. Will the project be for community, private, or commercial use? Public road d. Describe the planned use of the project. N/A 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 525 Ft. Long 2 LOCATION OF PROPOSED PROJECT b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or NattipA al Geodetic Vertical Datum d. Soil tn ``slydpe(s) and texturu(s) of tract Saay a. Street address or secondary road number. SR 1137 - Narrow Shore Road e. Vegetation on tract Native grass and small shrubs. b. City, town, community, or landmark Aydlett f. c. County Currituck g• d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Currituck Sound 3' DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Man-made features now on tract 100' long timber bulkhead What is the LAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural Other h. Ho N is the tract zoned by local government? i. How are adjacent waters classified? Sc a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel marina, bulkhead, carried out for the tract? If so, b whom? or pier). Stabilize roadside shoulder with y hom. concrete, mar an granite rip-rap. 1289 5 UPLAND DEVELOPMENT Complete this section if the project Includes any land development. . a. Type and number of buildings, facilities, or structur-sproposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more tlran one acre of land, the Division of Land Resources must ' receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement; buildings, rooftops. m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established publle beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elcvadon above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) 1'i: If applicable, has a stotmwater management plan been submitted to the Division of Environmental Management? I. Describe proposed sewage disposal and/or waste water treatment facilities. j. Ilave these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface ninoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below M11W Upland fill areas b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands7 e. Iligh ground excavation, in cubic yards 1289 `f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in feet ±2 g. Location of spoil disposal area d. Type of bulkhead material No bulkhead e h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. f. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? °l. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dmgline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhtsadcar riprap 425' b. Average distance waterward of mean high water or normal water level ±15 feet Amount of fill, in cubic yards, to be placed below meanhighwater 1600 CY Class II rip-rap 100 CY #57 Stone orrou Type of fill material Rip-rap-Marl of granite borrow - sand clay 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 property. 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 work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 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 18 high 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 site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 1289 3 Name None Address' Narne Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None A check for $100 made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. , A statement on the use of public funds. If the project involves die expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 ap- proved Coastal Management Program and will be con- ducted In a manner consistent with such program. I further 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 project. 1-his is the 7 th day of March 19 91 X C'z a Landowner or Authorized 5gent C. E. Lassiter, .Jr., P.E. 'District Engineer Division One, District One 12/89 Division of Coastal Management Field Offices Raleigh Central Office N.C. Deparurrent of Environment. Health & Natural Resources P.O. Box 27687 225 N. McDowell Street Raleigh, N.C. 27611-7687 (919) 733-2293 U.S. Army Corps or Engineers Wilmington District P.O. Box 1890 Wilmington, N.C. 28402 (919) 3434639 Elizabeth City Route 6, Box 203 Highway 17 South Elizabeth City, N.C. 27909 (919) 264-3901 ---,;,: ---- ---Gates .......... 1; ----?d, . Hertford , ---- I e,?G'. 9G ?d ? s Bertie Washington Tyrrell Washington ? ------ --.. P.O. Box 1507 ?,? 1424 Carolina Avenue Beaufort •--: Washington, N.C. 27889 Hyde (919) 946-6481 . Craven Pamlico . . . Q nslow .?- Carteret -? Pender A A Y Morehead City New Hanover Wilmington Brunswick 7225 Wrightsville Avenue Wilmington, N.C. 28403 (919) 2564161 P.O. Box 769 3411 Arendell Street Morehead City, N.C. 28557 (919) 726-7021 1-800-682-2632 O D O X7?r;;?? 10RAR t' 141 NOTE. STONE .? ,C7 0-,pAP; .t Ta t3E OLNCEO ,d^!D F?t7E?' 1 `l ,\ t7L??ENENT o[? ?o,F'/,'?ul ?j=/LL, \ CDNC,PETE A141 t f S JAI g 4 v./_? 7.?}? GE.vECAL e[ Z?ann? ?y ?.F . TNF P - 15 - I I I I _? I I _ ... r )I (' i ?L.nPE Proposed Rip Rap Slope Protection Along SR 1137 by NC D.O.T. Aydlett Currituck County Sheet 2 of 3 02-91 Drawn by: J. W. Boseman Elizabeth City, NC + ' ; ,r f I ± 15? I I I I •, t L'h 1 1'IA1 if l ,..?. . i f{r;.; P, I V, Proposed Rip Rnh Slope Protection Along SR 11.37 by NC U.O.T. Aydl.ett Currituck County Sheet 2 of 3 02-91 Drawn by: .1. W. Roseman Eltzabeth City, NC a 'Y f ? r Nalol? 1 altryil Irum HIII ?E S 'Ind f [ ? Mwthawl •Srdle + ' Pa ltmrwth Naloth 1 fi' 00' '•?'nur,: \ tliC1 r' f?L 1 K414 Island It .% nlucM 4- /?'? P poiECT lRDIS,, 1 b? • ? ¦ o Wair F, Cp011 ry IrcNrrrOUt[ ? an M ? Ardleh a Cli r 6 ?. •..•_ YR , E. C s. u . hdo, Riddle ,k PODISf RIM Ch r O . lla , RrNn \ 7 u s. COAS AHth t/ R elvidrn \ C6 3 ?t ChaoannA_ c aoCusu I \ 1 CnndY ? ?? n .•?(?': i PER UIMAN&` 1 \ • Old I`Q e1)? Sandedin` I` Tynner) WinIall 1 I J ?? 3/ rMSnl`°?4 j r ?t• t 1 h;raisDV? \e?.. I %?? ) 5 J2 /?? /+' 1 t Nnonlon 34 y ?+! ,?, Iertforal +/ , ,p;II Powell y, Duck 'ROWAN n ? e 1 icawe.wn r Polnt? 1 haw 1 1 '37 Durants Neck ?•?, I? - »,?h t Mami 1 Spo? ?' SS ho ei I , ?\ I Hubih ice, alhalls 3 I M 't \ Mnw.,. .' Sr...w.wn _ Point IK1ltu 11 0 S 10 M JO SCAt[ OF Mil [S ON( 1W." [ODAI S APPRO% I7 Mo[S _ ra,I e.w.r, A-, E 0 10 70 40 .a SCAI(Of NII OMF IF RS ONF INCH (QUAIS APPROi TI NII OM[If RS r 1o - - I Mil[ IS FOr1AL fO I WM MItOMf fIRS a.0evu Hills Alrpo.t t ?` I ljl; i lorco ? , °? r 1 1.,. 120 t 'C A iiu?cltil'' ! ?1 15 _ "q" I (((??? ! red/ r c' Wniwil9jr L u C ,-k pN 8 CG. Sta. ?a• ly ? ld . ? nf. ? ? ?? ? U P li)A; T _ Ayd4n CURM 9 UC n COUNTY 'l NORTH CAROLINA SCALE 1 0 I - _ _. ?. . 7 •_. MILES Proposed Rip Rap Slope Protection Along SR 1137 by NC D.O.T. Aydlett Currituck County Sheet 1 of 3 02-91 Drawn by: J. W. Boseman Elizabeth City, NC •' r -4-- 1%, (D/ F j7 fi . Wei _ ----- _ ? i ' - y' `?`?i-k= `t?: rb ?i (?,r?.a?{?'1'S$.??i'3i*?'ti4? , .. - _ . .FaF•_'??S?'-rrs'? ? ? RAC K • - r -7 RIO 1?^ - -- =- - --- - I rr , r?h I^ ,1_?j? ?T ? T-' 7 11 Proposed Rip Rap Slope Protection Along SR 1137 by NC D.O.T. Aydlett Currituck County Sheet 3 of 3 02-91 Drawn by: J. W. Boseman Elizabeth City, NC •. APR 1S9? NOTICE OF FILING OF l ?. APPLICATION FOR CAMA MAJOR DEVELOPI-MNT ',?;, PERMIT AND WATER QUALITY CERTIFICAT The Department of Environment, Health and Natur%Rekrces hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that NC DEPARTMENT OF TRANSPORTATION of Currituck County, filed an application on March 21, 1991, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application NC DEPARTMENT OF TRANSPORTATION proposes to stabilize 425' of roadside shoulder with rip rap. The rip rap will be placed on a 3:1 slope with a base that extends 15' waterward of NWL. The applicant currently has a General Permit for rip rap 5' waterward of NWL along the shoreline. The project site is located at SR 1137 - Narrow Shore Road, adjacent Currituck Sound, Aydlett, Currituck County. A copy of the entire application and additional information -may be examined (or copies furnished upon request and payment-of reproduction costs) during normal business hours at the office of M. Todd Ball, Division of Coastal Management, located at the Division of Coastal Management, 1367 US 17 South, Elizabeth. City, N.C., 919/264-3901, and/or the office of Deborah Sawyer, Division of Environmental. Management, NRCD Regional Field Office, Washington, N.C.,,919/946-6481. The Division of Environmental Management proposes to take final action on this water quality certification on qr before April 27, 1991. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Roger Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to April 22, 1991 for consideration in the LAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to April 17, 1991 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: TUESDAY, APRIL 2, 1991