HomeMy WebLinkAbout19970727 Ver 1_Complete File_19970828State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Jane D. Lee
148 S. Spooner Street
Morehead City, NC 28557
1100. _ �
A 4
�EHNR
August 28, 1997
Carteret County
WQC 401 Project #970727
You have our approval, in accordance with the attached conditions, to place fill material in 0.03 acres of
wetlands or waters for the purpose of constructing a bulkhead and constructing a home at lot 5, Spooner's
Creek subdivision, as you described in your application dated 22 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 tinder Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919 - 733 -1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Sincerely,
0 �Jr. ton o P
9707271tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone 919 -733 -1786 FAX # 733 -9959
An Equal Opportunity Affirmative Action Employer - 50% recycled /10% post consumer paper
DIVISION OF COASTAL MANAGEMENT RZCz1V
FIELD INVESTIGATION REPORT 007
H��� 2,? 1997
1. APPLICANT'S NAME: Jane Daughety Lee ALSCevzs
2. LOCATION OF PROJECT SITE: Carteret County, Morehead Township, in Spooner's Creek
Subdivision, off 148 S. Spooner's St., adjacent Spooner's Creek
Photo Index - 1995: 41 -516 (N -11) 1989: 3 154 31 (J -7,8)
State Plane Coordinates - X: 2,658,550 Y: 356,700 Mansfield Quad "UR"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Feb. 25 and July 28, 1997
Was Applicant Present - Yes on 2/25/97; No on 7/28/97
5. PROCESSING PROCEDURE: Application Received Complete - July 29, 1997
• Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES
(C) Water Dependent: Yes
(D) Intended Use: Private bulkhead
(E) Wastewater Treatment: Existing - none
Planned - proposed sewer connection
(F) Type of Structures: Existing - none
Planned - bulkhead
(G) Estimated Annual Rate of Erosion: only minor erosion from '96 storms
Source - Site inspection
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
404 wetlands
1,500 ft'
(B) Non - Vegetated Wetlands
(C) Other
High ground
13,000 ft2
(D) Total Area Disturbed: 14,500 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 100' of bulkhead, fill 1,500 ft2 of
jurisdictional 404 wetlands, and fill and grade approximately 13,000 ft' of high A96EIVED
COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT:
JANE DAUGHETY LEE /CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The applicant owns lot #5 in Spooner's Creek Subdivision, adjacent Spooner's
Creek, in.Morehead Township, Carteret County. The undeveloped lot has a border of
Coastal Wetlands. vegetated primarily with smooth cordgrass (Sl2artina alterniflora)
before grading into a higher marsh vegetated with scattered black needlerush Luncus
roemerianusl and salt meadow grass ( Spartina patens . The area then grades up to
jurisdictional 404 .wetlands. Mickey Sugg of the US Army Corps and I were on site
back on February 25, 1997 and he verbally agreed with the consultant's delineated 404
line. A private, non - commercial pier does exist on the site. Both adjacent properties
have a single family dwelling located on them and both properties have been
bulkheaded. For information only, both adjacent property owners have signed
"statements of no objection" to the project as proposed.
Spooner's Creek is SA waters but is closed to shellfishing. It is not a designated
Primary Nursery Area.
Project Description
The applicant proposes to install 100' of bulkhead landward of all Coastal
Wetlands and backfill. Construction of the bulkhead and associated backfilling would
remove an approximately 15' wide fringe of jurisdictional 404 wetlands. The bulkhead
would be aligned to adjoin the two neighboring bulkheads. In addition, the applicant
proposes to grade and fill the entire lot, bringing it up to the level of the two
neighboring lots.
Anticipated Impacts
Construction of the bulkhead would remove approximately 1,500 ft, of
jurisdictional wetlands. Grading and filling of the lot would impact approximately
3,300 W of high ground within the Estuarine Shoreline (ES) and another 9,700 ft, high
ground outside the ES AEC. No Coastal Wetlands would be directly impacted.
M. Ted Tyndall - Morehead City - August 12, 1997
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JUL 0. 17 1147
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RECEIVED
COASTAL MANAGEMENT
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Form DCM -MP -1
APPLICATIO
o be completed by all applicants rt Dui.
b. City, town, community or_fandmark
SpooagtZ;S -C R-�_FK Lo`C S MOREHF_ RD C17
1. APPLICANT
a. Landowner:
Name
Address
CityMl,rQiA_..4 C' y State ,Q-.
Zip 2 $ S Day Phone q 19 - -Z 4 c - 113 B
Fax
c. Street address or secondary road number
SOv.Tt'Z- SPoow�ERS ST
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) S Poo N E a `s c E K
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and /or filling activities.
Address L�i� S. ��Po�,Qrs $`�� 104.1 LI -. FT_ woop�N
�l'�
City i � \e rekc,, � I 1. T�� State ` • L-f� �J �l t� A �j O� ej u l Y. j� 1�� .
i x eory ok i 0.& �e r►e�
+b �SAMb .1 �'Q -,.�d q_\ Q.JC 1 a�
Zip A4 559 Day Phone 4 1 g - �`� a 113 8 b. Is the proposed
m i tenance of an existing
project, new work, or both? N F_ V3 14-' ° K
Fax
c. Will the project be for public, private or commercial
use?
c. Project name (if any)
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE: Permit %W be issued in name of landowner(s), and /or project. If more space is needed, please attach
project name.
additional pages. _' o SZ Vr eP`I_V_
f3 r---T � G. E Y,\ V X t ST i a G
d34 LK \}Eq�S z u �otZT1� SourtkA -.
2. LOCATION OF PROPOSED
PROJECT To
1 e � '�� fl rip c.Y 1 eu e,� 3•e� �w'E'tir�.
a. County C A P.T E R F- T
RECEIVED
Revised 03/95 t:30ASTAL MANAGEMENT
Form DCM -MP -1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract o - 41 P, C
b. Size of individual lot(s)
0. 4-� (h C
c. Approximate elevation of. tract above MHW or
NWL 8 -ter. .
d. Soil type(s) and texture(s) of tract
SRo�a�(
e. Vegetation on tract G R W S S ES
f. Man-made features now on tract V c `
E y,s-�-I—t, _,�)OC,V
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
Transitional
t/ Community
Other
h. -How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? ✓ Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes ✓ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Regi ter listed or eligible property?
Yes No
1. Are there wetlands on the site? ✓ Yes No
Coastal (marsh) V_ Other ` 4
If yes, has a delineation been conducted? y E S
(Attach documentation, if available)
Revised 03/95
m. Describe existing wastewater treatment facilities.
PRoPoSV_ D -C%E -r o
G E N,3 -� R V,� 1,._ s E. a E �.
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.)
SuRV7 �.C� (Z U.V-z, o
`( b S 1Z o o V, rc ' S C. ('-N 1 7- VIC
o. Describe existing drinking water supply source.
C'RbpoSE.o w�.��
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.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
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 t�ekk 2V
Address J LL 3 S , '3 wrs Si .
-Phalle e r e, e ..d C : iv , Jl , C - Q �%
Pr.e. �IZ�.- 345
Name av : a \L. e�% "x -eh
Address l R o l,J o -a i Lr,4 --� ti0 Q
Phaiie- •he.kuxs.t 1Q, .C. 283170
-� �, Ze, t
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.
O'cmCe -A _-�ar m g h 4 0 0 0 51o1/ 1,% r &0t>
Ex�c� sec. 31. 11)
• 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
1 :
r'nASTAI NAANAr PKAPNIT
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and 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 .�v� -+�� , 19_00.
Print Name e-
Signatur
r or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
✓ DCM MP -2
Excavation and Fill Information
_1Z DCM MP -3
Upland Development
DCM 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.
JUL
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 (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Revised 03/95
Average Final
Existing Project
Length Width Depth Depth
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.. Ail.
7,29
� �uL
* 1991
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards g a N e•
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 ✓
d. Highground excavation in cubic yards Ct�,�c,
2. DISPOSAL OF EXCAVATED
MATERIAL
J: lkAa,., QcaI?a.Ay I
a. Location of disposal area kuz y '7 a W Q s- - .
b. Dimensions of disposal area 1 o 0-0-y"
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
maintenance? Yes
If yes, where?
be available for future
No
RECEIVED
COASTAL MANAGEMENT
.
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..:: ?•..•:1� :;.;;fir..
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7,29
� �uL
* 1991
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards g a N e•
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 ✓
d. Highground excavation in cubic yards Ct�,�c,
2. DISPOSAL OF EXCAVATED
MATERIAL
J: lkAa,., QcaI?a.Ay I
a. Location of disposal area kuz y '7 a W Q s- - .
b. Dimensions of disposal area 1 o 0-0-y"
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
maintenance? Yes
If yes, where?
be available for future
No
RECEIVED
COASTAL MANAGEMENT
Form DCM -MP -2
r
r
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 r/ No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
�/ Bulkhead Riprap
b. Length I o ( ..
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12L months
�LIt1�K e.�i�� \Q1� �lLV \hl I�'7L.1 \G.rYCMGS
(Source of information)
f. Type of bulkhead or riprap material W o ojen
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material Sow.
i. Source of fill material o
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
_ , Yes No
Revised 03195
b
If yes,
(1) Amount of material to be placed in the
water o
AJ e-
(2) Dimensions of fill area _
1,00—I ` X -Pf- 151 ( . D S a.cr,-s
(3) Purpose of fill -;-o 41 i\ !�,ao 6d .a a. e,►-.
W o..\\ -� ' : wh4
a'" JrU : I i 1.e. 1 -h : rZ ( i
Will fill
(marsh),
If yes,
(1)
(2)
material be placed in coastal wetlands
SAVs or other wetlands?
Yes No 1/04 &Z'- A'Z'L
Dimensions of fill area
Purpose of fill +t I eeh
s e n ip' cX.\ M.^4
of C t~ '�A
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
11 1\ b t nn nh lam'. a�.evr z1tv�: o"\
O 'fs ),44r `h �.�Y , ro- V e.CT,
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
, e. f 6 U-
c. Will wetlands be cr3ssed in transporting equipment
to project site? Yes L.— No
If yes, explain steps that will be taken to lessen
environmental impacts.
Sa�,� L
Applicant or Project Name
S' ture
c�1a�1 C�
Date
Form DCM -MP -3
RECEIVED
UPLAND COASTAL MANAGEMENT
;y
DEVELOPMENT
(Construction and /or land disturbing activities)
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.
a. Type and number of buildings, facilities, units or
structures proposed n1 0 N E
b. Number of lots or parcels
c. Density (give the number of residential units and the
units per acre) :t &,s ;S a. 5 t1'_
Size of area to be graded, filled or disturbed
including roads, ditches, etc. 4.c4r I e- t,&
If the proposed project will disturb more than one
acre of land, the Division of Land kesources 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? Yes _�/ No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
aN t ti ►11 d: VAT
41 Sn.`
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and /or built -upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. Q 90
Revised 03/95
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes _�_ No
If yes, date submitted
i. Describe proposed method of sewage disposal.
j. Have the facilities described in Item i. above
received state or local approval?
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and resi ential discharges).
/A
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
- - w el
m. Will water be impounded? 0& Yes No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? o6l 1A
Applicant or Project N
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RECEIVED
COASTAL MANAGEMENT
State of North Carolina
Department of Environment,
Health and Natural Resources 970727
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
TO:
FROM:
SUBJECT:
Applicant:
August 12, 1997
Mr. A. Preston Howard, P.E., Director
Division of Water Quality
John R. Parker, Jr.
Major Permits Processing Coordinator
A MITAA
EDEHNR
CAMA/DREDGE & FILL Permit Application Review
Jane Daughety Lee
z� x
o
Project Location: Spooner's Creek Subdivision, off 148 S. Spooner's St., adjacent to Spooners Creek.
Proposed Project: The applicant proposes to construct 100' of bulkhead, fill 1,500 sq.ft. of jurisdictional
404 wetlands, and fill and grade approximately 13,000 sq. ft. of high ground.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 2, 1997. If you have any questions regarding the proposed project, please contact M. Ted Tyndall
at (919) 808-2808. When appropriate, in -depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
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.
DATE O Z l
C, 6'
�y�Hestron FMaza II, 151 B, Highway 24, Morehead City NC 28557 N%f %C An Equal Opportunity / AfflrmatNe Action Employer
Voice 919 -808 -2808 FAX 919 - 247 -3330 Courier 11 -12- 09 50% recycled/ 10% post - consumer paper