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HomeMy WebLinkAbout19970174 Ver 1_Complete File_19970325State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Tony Seaman, Jr. P.O. Box 348 Morehead City, NC 28557 Dear Mr. Seaman: A K 5�'r 4J LOA �EHNR March 25, 1997 New Hanover County WQC 401 Project #970174 You have our approval, in accordance with the attached conditions, to place fill material in 0.02 acres of wetlands or waters for the purpose of constructing a road access at north side of SR 1335 near Back Sound, as you described in your application dated 27 February 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. 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) (6) and (7). For this approval to be valid, you must follow .the conditions listed in the attached certification. 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 specked in the General 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 Dorsey at 919 -733 -1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington,DWQ Regional Office - John 136nney Central Files John Parker; DCM Sin erely puih*o 970174.1tr 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 To: John Dorney Environmental Sciences Branch DIVISION CAMA MAJOR FERMIT Y O► R II �►: X010111 9i 'r1C :III �ulUl ►II: Y�� REVIEWER: GREGSON� �' ACTING WQ SUPERVISOR: SHIVER C;k, SS DATE: March 31, 1997 WRTL,AND INFORMATION FOR CF.NTRAT, OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 970174 COUNTY: Carteret PROJECT NAME: Tony Seaman, Jr. PROJECT TYPE: 404 Fill PERMIT TYPE: CAMA COE #: N/A DOT #: N/A RCD FROM CDA: DCM DATE FROM CDA: February 24, 1997 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030504 Gtr` *STREAM OR ADJACENT WATER BODY: Back Sound oy CLASS: SA ORW STREAM INDEX #: 21- 35 -(1.5) ���► *OPEN OR CLOSED: Open 2�<�n WL IMPACT: Yes WL TYPE: BM �2 WL REQUESTED: 0.02 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MTTIGATION SIZE: N/A RATING SHEET ATTACHED ?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to fill approximately 900 sq. ft. of 404 wetlands for a road crossing. WATER nUAT rV CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3112 for CAMA Permits SEWA(TE DISPOSAL TYPE OF DISPOSAL PROPOSED: Septic tank TO BE PERMITTED BY: County IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A AREA OF FILL - WATER: N/A WETLAND: 900 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) REC'OA4NIEMED C'ONDMOINS OR PFRIVIPI' RESTRICTIONS! That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM- Charles Jones John Parker I 3 v � �J L .•• ' DIVISION OF COASTAL MANA Z1 FIELD INVESTIGATION REPOR f 1. APPLICANT'S NAME: Tony Seaman Jr. 2. LOCATION OF PROJECT SITE: on the north side of NCSR 1335 and near Back Sound, in the community of Harkers Island, Carteret County Photo Index - 1995: 49 -585, I -16 1989: 156 -6,P -5 State Plane Coordinates - X: 2741100 Y: 350400 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9 -'96 2 -9 -97 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 1 -29 -97 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands "404 Wetlands" Office - Morehead City 6. SITE DESCRIPTION: (B) Non - Vegetated Wetlands (A) Local Land-Use Plan - Carteret County (C) Other Land Classification From LUP - Limited Transition (B), AEC(s) Involved: Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - Planned - Septic Tank (F) Type of Structures: Existing - Planned - Driveway (G) Estimated Annual Rate of Erosion: NA Source - NA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands "404 Wetlands" 900 sq. ft. (B) Non - Vegetated Wetlands (C) Other (D) Total Area Disturbed: 900 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to fill a 404 wetland area in order to gain vehicular access to an upland property. 3r F FIELD INVESTIGATION REPORT: TONY SEAMAN JR. PAGE #2 9. NARRATIVE DESCRIPTION: The applicants property consists of an approximately 1 acre tract of land located on the north side of NCSR 1335 (Island Road) and near Back Sound, on the eastern end of Harkers Island, Carteret County. The property does not adjoin the water but is located within 575' of the Outstanding Resource Waters of Back Sound. A ± 200' long x up to 80' wide area of Coastal Wetlands is located along the southeastern portion of the property. This area is vegetated primary by juncus roemerianus and some typha. An approx. 50' long x 45' wide area of "404" wetlands is located just west of the Coastal Wetlands and adjacent to Island Road. This wetland area is vegetated by a mixture of upland grasses, giant cane, typha, and spartina patens. An approx. 18" culvert underneath the Highway provides an interment connection of the Coastal Wetlands to the waters of Back Sound. The upland area is vegetated by a dense stand of oak with some scattered pines. The trees have been severely stressed by the recent Hurricanes. Upland elevations approach 8' and the applicant has received a septic tank permit for the property. The waters of Back Sound have been classified as SA ORW waters and are open to the harvesting of shellfish. The applicant .is requesting a permit to allow for the construction of a 20' wide sand and marl driveway through the 404 wetland area in order to gain vehicular access to the upland property. 10. ANTICIPATED IMPACTS: The project as proposed will result in the filling of approx. 900 sq. ft. of 404 wetlands in order to gain vehicular access to upland property. A 12" to 18" culvert is proposed to be installed in the driveway area prior to backfilling in order to maintain the flow of stormwater runoff through the area. The applicant has indicated that a silt fence will also be installed along the fill in order to minimize sediment runoff into adjacent wetland areas. The property will most likely be developed as residential in the future. Prepared by: Charles Jones Date: February 20, 1997 Form DCM -MP -1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name %n/ y S L A M dam✓ !L Address P0 >3 o � 34? City 46,pa N4Ao c QTY State NC Zip 29ss-7 Day Phone w 1� Fax .NLA b. Authorized Agent: Name t Uoy / °jyLR s Address PO 13o� 3Y i City &AL"ro'C r State Al G Zip 2-8�5— 16 Day Phone q I ii - 7 Z S - /3)0 Fax C119- c. Project name (if any) NOTE: Perndt will be issued in name of Jandowner(s), mid /or project name. 2. LOCATION OF PROPOSED PROJECT a. County C_ A /t i eA5 i b. City, town, community or landmark 1-1A[2Ikelz.s c. Street address or secondary road number (L 133s- 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) i3: a c- k S[p UA. 0 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 I, I V& Wya y c 0 A/ S-T 1ZV 771 -Al b. Is the proposed activity maintenance of an existing project, new work, or both? Alt w k /o,-- C c. Will the project be for public, private or commercial use? Px w v-4 rc d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. - ti,,,ay Tc> [,04L#9.v1)5 .- JAN 2 9 1997 Revised 03/95 wwM���w�• Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1 AGde' b. Size of individual lot(s) Ae-k :' c. Approximate elevation of tract above MW or NWL S t d. Soil type(s) and texture(s) of tract -,!9A,1,0'1 /-0,9," e. Vegetation on tract 4AJW1 ooul -Jr PlAleS f. Man-made features now on tract A g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? [fit/ 0414ei) i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicabk) j. Has a professional archaeological assessment been done for the tract? Yes _e No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a. National Register listed or ligible property? Yes X No 1. Are there wetlands on the site? Y Yes No Coastal ( marsh) If yes, has a delineation been conducted? ' `• _ ' (Attach documentation, if avaiiabk) m. Describe existing wastewater treatment facilities. _S t= wr1G Ti9iy)( 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.) Al I JA o. Describe existing drinking water supply source. CO MMVN ITy 1414 —rt)L- 5. ADDITIONAL INFORMATION In addition to the completed. application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross - sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.020� 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 - S 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 STACy 0 A 1/i S ,S i Address 1c2& s- rf4c -i 2 0 _ 1-� 1 n uw11 2 �,Y 3 / Phone Name - M A 14 &1= r,4/,4 -r 14 `I Address 291 1"14-c 40,42 Phone V4,—L— /yx. 2k16� Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing d • 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. Revised 03/95 6. CERTIFICATION AND PERNIISSION 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 I �(_ day of D r C - , 19-2�-. Print Name Signature Landowner or rized ent 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 W-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. JAN 2 9 1997 r- Form DCM -MP -2 EXCAVATION AND -FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM -MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Ac s channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average F-mal Existing Project IknQth Width Depth Depth 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. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? i11V (1 JAfV 2 9 1997 1,11 Revised 03/95 '-ftol •01+ • W :;ate': "xec.cca -• ti :cx•.. 1 A-r 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. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? i11V (1 JAfV 2 9 1997 1,11 Revised 03/95 '-ftol L Form DCM -MP -2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. .Average distance waterward of MHW or NWL If yes, (1) Amount of material to 'be placed in . the water (2) Dimensions of fill area (3) Purpose of fill _IJi21vttvay b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, , (1) Dimensions of fill area ::to X4s (2) Purpose of fill '1) 'e t W- U/,g A/ ST 12tJLT1 Oil/. 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? ! s i z- -r (Source of information) f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level i4c, ic t4 06- (1) Riprap (2) Bulkhead backfill c. Will wetlands be crossed in transporting equipment " h. Type of fill material _ to project site? Y Yes No If yes, explain steps that will be taken to lessen environmental impacts. 2 o' u 4 s'' 0)%A i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Y Yes No Revised 03/95 '00-4 Applicant or Project Name he Signature 12- 1 /R Date — E.6 R Q ,0 m U�•l 25 v N o to o �. Ul 1 i I nt'ivp��D J`L�b � i o v✓�y !r �/ °s -0 N r � Ali N 15 .0• .P. 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