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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 1�5� 7) I gal rj r 9 JUL 0. 17 1147 e rl HIS 97 cx� RECEIVED COASTAL MANAGEMENT Pt 6PLktz at,�ce,& ID zg.�c tLvk f 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 '.r .. 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 . Ngk n .F Vii,, xy,.•• c-. ..:: ?•..•:1� :;.;;fir.. : afrS;J:w:'�r�U. '.r .. 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 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 *g-qdture U up���1�� Date 03 — m m m 7 L w O i j ? U3 t� O x -J-3 n Eel �3 ZaW How SPOONERS CREEK p o _6) fr Qzr 30 a Jo _ < < S 05° 03 36 E 100. 10' -- — � J i QF- / w �Q� O i o �f o J QW z oQ W♦J �- J C' Xp °O o� v uwl Cal vu LLJ \ \ \ \ ♦ \ \ ♦ / / / o o d co w _ O / O / M Z� /1 / r / w / w N N 02° 29' 00" W 100. 00' S. SPOONER' S STREET 60' R/W Q 0. i M., i Ee W J W 7 LLl 0. Z O O M 0 U w m m J - • a = Z V p Y Z � W � W O z 0= D V O U cn Q = r- w w W 6' O O w c-1 O U) U) Q =- U � O T- III ♦♦ � \ \� \ '1 P ' 0 c 0 Q p0 C M� a ro V m a CQ z a o O U � z O m 0 O a P-1 1- Q U. �2 W � J opY- a01Q 0 0 -1 O i z (c w ED Q a.. 1 �Q LU C3 LL 2 V 4: u z o 00 0 4 �`� P•O �s •� LU LP > I 1) w o Z m I III ♦♦ � \ \� \ '1 P ' 0 c 0 Q p0 C M� a ro V m a CQ z a o O U � z O m 0 O a P-1 1- Q U. �2 W � J opY- a01Q 0 0 -1 O f- z p ,r z O U w U) z w ED Q a.. LU C3 E V 4: u z o �`� P•O �s •� 4 � �. Vhf, N 0 w o Z m a ,�� Q yQ Q d' Y� �~ ...__1 c j •� ice- 4.. a_ = R' � U) F- c c' 4i LLI LLI N y •....... ° l o U Z f °t ♦ p +`� ��a�rr�un► w .i3 W .. �� O HON ON o �, / Z f- z p ,r z O U w U) at c e-- 31 -ri Z 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