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
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�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 �
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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
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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 —
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