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HomeMy WebLinkAbout19970699 Ver 1_Complete File_19970818State 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. Whitfield Moore 329 Briarfield Drive Chesapeake, VA 23320 Dear Mr. Moore: �EHNF=t August 18, 1997 Currituck County WQC 401 Project #970699 You have our approval, in accordance with the attached conditions, to place fill material in 0.093 acres of wetlands or waters for the purpose of stabilizing the shoreline at SR 1142 Church Island, as you described in your application dated 1 August 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 2H .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. Sincerely, l.\ 0 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 970699.1tr 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 DEHNR,.. m J.: Fax:9199753716 Aug 12 '97 10:57 P.05/06 Jahn. 'Dorney Fi I AmIng Branch DivM10" OF Zpm.RoMMfffAL HA1�AG 1T CARA/ . 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D(:14 -field offices; M4 was"11191 Wes; centraL Files :;1111 REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199706652 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 August 1, 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: A*1 �� U F�vS 199,i r�cFS Please reference the application of Whitfield Moore for Department of the Army (DA) authorization and a State Water Quality Certification to place riprap material along the shoreline and discharge fill material into freshwater wetlands, on property located off State Road 1142, adjacent the Currituck Sound, on Churches Island, 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 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 Ocober 3, 1997, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Branch, telephone (919) 975 -1616, extension 23. Sincerely, I Raleigh Bland, P.W.S. Regulatory Project Manager 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Whitfield S. Moore 2. LOCATION OF PROJECT SITE: S.R. 1142, Currituck County, Church Island Photo Index - 1995:190 -2008, S18; 1989:137 -6, N11; 1984:129 -684, L4 State Plane Coordinates - X: 2906400 Y: 981800 3. INVESTIGATION TYPE: CAMA/D &F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/2/97 ; 5/1/97 Was Applicant Present - yes ; yes RECEIVED M, i.1 u G 1 1997, ENVIRONMENTAL SCIENCES 197 9 5. PROCESSING PROCEDURE: Application Received - 2/28/97 Application complete - 6/27/97 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -1990 County Land -Use Plan Update Land Classification From LUP - Rural with Services and Conservation (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank and drain field for SFR Planned -None (F) Type of Structures: Existing - Single family residence, barn, storage sheds and damaged pier Planned - pier replacement, new platform, 5 piles and 218 ft. of rip -rap stabilization (G) Estimated Annual Rate of Erosion: 6 ft. in last year Source - Applicant 7. HABITAT DESCRIPTION: IN AREA HABITAT EXCAVATED FILLED OR GRADED SHADED (A) Freshwater Wetlands 3215 sf. (0.073 A.) (B) Public Trust Waters/ Estuarine Waters 872 sf. (0.020 A.) (C) Upland- Estuarine Shoreline 2700 sf. (0.061 A.) (D) Total Area Disturbed: 6787 square feet (0.155 A..) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicant proposes to stabilize with concrete and granite rip rap 218 ft. of Estuarine Shoreline, a distance waterward of 4 ft. beyond the NWL. Other proposed work includes the filling and grading of 5915 sf. of Estuarine Shoreline ( which includes about 3215 sf. of freshwater wetlands). Applicant has also requested authorization for one piling for use as an osprey nest. Whitfield Moore CAMA Major Application Bw Report, Cun*uck County, Page Two Prnieet Setting The work site is located along the shoreline of the Currituck Sound in Currituck County on Churches Island about two miles north of Waterlilly at Grays Point on SR 1142. The home site is referred to as Mockingbird Hill. The applicant's residence and some out buildings are located on the upland portion of the lot which ranges in elevation from NWL (normal water level) at the Currituck Sound to 15 feet above NWL. The applicant's lot is about 1.9 acres. The applicant's shoreline is not stabilized with any hardened structures and includes a damaged 200 ft. long by 4 ft. wide pier. The water depth at the end of the existing pier is -3 ft. below the NWL. The shoreline gradient is beach like with a slight sandy berm landward of the NWL. There is an erosion escarpment, which runs parallel to the NWL, which averages about 10 ft. landward of the NWL and rises approximately one foot above the NWL of the Currituck Sound. The shoreline is vegetated in upland lawn or ornamental grasses except for that portion of the applicant's lot which is vegetated in willow (Salix) and freshwater sedges. This shoreline and the lot are maintained as lawn and the freshwater wetland portion comprises less than 0.10 of an acre (about 3215 sf.). This area has been delineated by the US COE. The adjacent property to the south is stabilized with conventional wood bulkhead. The property to the north is undeveloped and its shoreline is not stabilized and some freshwater wetlands are located in this area. The applicant's shoreline is littered with an inordinate amount of shell midden material.- There are known archeological sites on Church Island. The waters of the Currituck Sound are classed as Joint Waters by the Division of Marine Fisheries. These waters are also classified by the Division of Coastal Management as both Lstuarine and Public Trust Waters, and as such, are part of the Estuarine System of Environmental Concern. Project Description .ion Originally, the applicant planned to use conventional wooden bulkhead to stabilize the shoreline, however, during the pre - application process they revised their application, proposing concrete and granite rip -rap. Stabilization work will include backfill and grading of approximately 3215 sf. of freshwater wetlands and 2700 sf. of upland lawn area immediately adjacent to the proposed rip -rap structure. The rip rap will run parallel to the NWL and will extend waterward 4 ft. of the NWL. -The structure will be built to a height of about 1.5 to 2.0 ft. above the NWL. The rip -rap structure will have a base of four feet in width with a crest two feet in width. The applicant also wishes to install one moor pile 200 ft. beyond the NWL to be used as an osprey nest. (During the review process, the applicant was issued an exemption for the pier, gazebo and four moor piles). Whitfield Moore CAMA Major Application No Report, Currituck County, Page Three Anticipated Impacts The proposed shoreline stabilization will result in the loss of 872 sf. of Estuarine and Public Trust Waters, and the filling of 3215 sf. of freshwater wetland habitat. However, these wetlands have been maintained as lawn and the proposed stabilization will reduce long term erosion into the adjacent waters. The proposed filling and grading will impact 2700 sf. of upland Estuarine Shoreline. The proposed rip -rap and shoreline grading work will cause a short term increase in turbidity in the adjacent waters. The proposed structure will not exceed the established pier lengths in this vicinity of the Currituck Sound and will not encroach upon any riparian setback. As long as the proposed piling does not exceed existing pier lengths in this vicinity, I do not believe that this piling will be a hazard to navigation. CAMA Review A consistency review of the 1990 Currituck County Land -Use Plan will be submitted by John Thayer in a different document in the near future. Submitted by Dennis W. Hawthorn, July 18, 1997 Form DCM -MP -1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name U/! %fills �/� `S ./j/l ✓� ' Address -yv 7 City 04-1 1 e� State G//j . b. City, town, community or landmark c. Street address or secondary road number �. A /i Y 2 d. Is proposed w k within city limits or planning jurisdiction? Yes e. Name of body of water nearest project (e.g. river creek, sound, bay) Ci c P Tip c/c 5-a a ,,W Zip cr Day Phone :7-5'?'- 7-,;?;795- Fax X53- a� �� DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Address City _ Zip _ Fax Day Phone State s c. Project name (if any) M o d� 4V 2 7e,, ;,, 4 L 44 �-- NOTE: Permit will be issued in name of landowner(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT a. County 110 cc c/(- C a n Revised 03195 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and /or filling activities. Q19 %2-A C-> Prac< ',5- P,1 u - ZA -ttQ�, n 4 — b. Is the proposed activity maintenance of an existing project, new work, or both? Mete✓ c. Will the project be for public, private or commercial use? /� v ; ✓ to 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. T/e ,n ��a aS � � /t,s li )1 /'3 (.r, ••(i N i t t�G.� ICIC rc �t Q /J �a7 / ✓�: b - a C vc 711 fit' occai bti Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract etc- b. Size of individual lot(s) ..Z d c. Approximate elevation of H _tract above MW or NWL L6 /- e- t' d. Soil e(s) and texture(s) - tract /A C C, v 14 wG % ZA R& I ,? C, S e. Vegetation on tract L.'A- r,!r fL��o> ✓ 1 yv 'f,2 7 d :1 g a cC' L-1,- rio m. Describe existing wastewater treatment facilities. 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.) o. Describe existing drinking water supply source. � /Y Y,LG_ f. Man-made featurq now, on tract o nt e- .5'4a rdil g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional — $eweleged Community !/Rural Other h. How is the tract zoned by local government? Aes id f ( i. Is the proposed project consistent with the applicable zoning? ✓ Yes No (Attach Zoning connpliance certificate, if applicable) j• Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes --" No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No Are there wetlands on the site? Yes No Coastal (marsh) Other If yes, has a delineation been conducted? vm (Attach documauation, if available) 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 71.02030 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 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 d Q s CIOX i-i- t d W< Address Zf / 3 i f ✓ d'o 4 6- d � Phone (fa. 2 ,3 X3.2 3 Name S o h Address t /3 v Y H- Phone a L "" r�. tV- C, 7 5 2 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. • 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. 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 day of , 19 Print Name j Z4, 51 1K 5- a y -c- Signature L,;� , ir Authorized Agent Please indicate attachments pertaining to your proposed project. /-DCM MP -2 Excavation and Fill Information MP -3 Upland Development 7.,2CM 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. 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. Access channel (MLw) or ZNWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Average Final Existing Project Length 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? \•µ.;CF•: \'. �h 'l }yp..+:� 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? 11 Form DCM -MP -2 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 -G �� S c. Average distance waterward � of MHW or NWL d. Maximum distance waterward of MHW or Nl�, e. Shorelinq erosion during preceding 12 months Fe C7, (Source of information) �4 ,, v !1 ,S e ✓ tJ -Z r ; 0-1 f. Type of bulkhead = rprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material e6wic4¢¢-= As-to 6Qb* tZ= i. Source of fill material ccl-t k Meelt � 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No Revised 03/95 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area 3g00 4 - (3) Purpose of fill _13AC-C FtV- 69r-t� b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? iC Yes NoF VM,r�s If yes, W (1) Dimensions of fill area . 1500 'C-P ( 3S - x e S "X 100 - C-r1Z LAO &c -) (2) Purpose of fill F«-i. L-40401J A? � SU Glc� �� Mc�sP-0 Ll ic.+� �2 �dT tn•= �AiCgJ 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? �;,J ...a be b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? f4AC<HorZ- I vJ+.^P -Z"CK GeA'D 6A►(r- -tRAc.'Ty2 . c. Will wetlands be crassed in transporting equipment to project site? Yes No If .yes, explain steps that will be taken to lessen environmental impacts. S -0-S1l MLE AAA, IFL t, 1, Agin -" w l XO -- LAwH 64ASS /K As Pvss 1'sf4 0 use QZ402 S—t t3tL.1 -UMW Ar$ ,yiEucSS�t_9_ 114 a A/ S. A/ Applicant or Project N r Signature Date :7 Li 0 Im Joins Chart 4 0 4 CC- c tj 0 btji c >0 AJ... 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