HomeMy WebLinkAbout19970786 Ver 1_Complete File_19971021DEHNR Fax :9199753716 Nov 25 '97 16:48 P.05/06
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WHT:'AND :`.`STAF..YtEFQRT
AND RECONYMENDA.TIONS
JS.T BE; AN5WEI D :(USE N/A FOR NbT APPLICABLE)
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ATE >:iti'::!CREETNICIRE .
T.N.F. VfABILI•ZAT PERMIT TYPE: CAMA
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DATE JR .' UA : 09/-15/97
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WI 7tE' `ti `STED'•' =< { `.,' WL A.CR, EST?: Y/N
WATER IMPACTED BY FILL? : Y/N
Y/,N, MITIGATION-TYPE
.r.r. DID 'XqU RE ST SORE• IN `0? : YfN
.....:.
lS WETLAND Rfi':CING' WEET A't- AcRE Y/N
l.010 RF-tN DISCUSS' 'WI'TH 'APFT.TCANT1 . Y/N
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State of North Carolina
Department of Environment,
Health and Natural Resources ` • •
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
October 21, 1997
Currituck County
WQC 401 Project #970786
APPROVAL of 401 Water Quality Certification
Mr. Vernon L. Creekmore
Route 1, Box 85
Moyock, NC 27958
Dear Mr. Creekmore.
You have our approval, in accordance with the attached conditions, to place fill material in 300 square
feet of waters for the purpose of stabilizing a shoreline at your lot on SR 1238, as you described in your
application dated September 15, 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 Donley at 919 - 733 -1786.
Sincerely,
ton How Jr. V Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parka, DCM
9707861tr
Division of Water Quality - Non- Discharge Branch
,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959
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DEHNR Fax : 9199753716 Oct 16 '9? 17 44 P. %
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Plalini7ig Branch
DIVISION OF ENYIRONMEAI, MAN1�GffiPP
CANA /COM FM MT APPLICATION RBVIL+ii
fiTsAO-' PN0UCT J WQ 3UP8RVTSOHe TVURA
.INFORMATION: FOR CSNTI. , :OFEICB TRACKING
PA '3_t =` PE9NIT NO.. COUNTY: /f
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MOJECT." RAW:
PRO SET TYPE: �17 PERMIT TYPE:
CdB ?:1.: DOT #:
;t RCb;.: PROM:. CDA; DE?I DAIS -JlOH CDA.:
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IIKP1�GQT:; �.{ ACR EST:
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:- :RM. GATION SIZE: G SBSE'P : TrACHED?
ATION: �ISSUE/CUND DBNY $oLD
S'CQRMW'A'•PER PLAN REQ D; IF YES, DATE • APPROVED
PRO CT DESCRIPTION: r�
CERT_ 4 ) �+., � .'z•Fr YES T ; 3CPE: �r✓ a.�' -�
•I7TSP05AL
TYPE OP DISPOSAL PROP05ED:
(EXISTiNr., PRoPosmO, StPTIC T' ETC.)
'TO BE PERMITTED BY.-
(I)kk, was f QOUM- )
.:;• CF•.;BY DEM, 1S 5•tTE AVAILABLE AND PERMIT ISSD'ANCE PROBABLE
jfAT]M �D�' -FT-1j.,
A1�EA 3ATFR : WETLAQDo —
IL: -
T5 ,'FILL ELIMINATING A S..TrWIFTCA,NT USE?
' DIi1riG
7 —777
A tY li . TO BE DREDCED : '" °- 0
�lil 1:tiM)GI.NG ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS 0�`
RESQiJRCE?
-IS. SPOIL DISPOSAL ADEQUATELY ADMSSED?
::A,RE' THE: FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DZSPOSA.T_.: MARINA SERVICES
OXYGEN IN BASIN: CT- ,06tME OF SHELLFISHING WATMU
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Vernon L. Creekmore
970786
2. LOCATION OF PROJECT SITE: Creekmore road (SR 1238), Currituck County, North Landing
River
Photo Index - 1995: 194 -2055 (N 8 -10, M 10 -11) 1989: 132 -34 (0 4 -7, N7)
1984:128-665 (12-5, J1) 1978: 133 -1481 (H 12 -15) _4ED
State Plane Coordinates - X: 2872300 Y: 1009200
• Lr; i S
1,097
3. INVESTIGATION TYPE: CAMA/D &F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/01/97
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 07/11/97 Received Complete - 08/04/97
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation, Rural with services
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Derelict bulkhead, riprap
Planned - 520' riprap
(G) Estimated Annual Rate of Erosion: 7'/2 ft.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
PT, EW
300 sq. ft.
(B) Non - Vegetated Wetlands
(C) Other
Highground (ES)
2300 sq. ft.
(D) Total Area Disturbed: 2600 sq ft. (.059 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: Applicant proposes to riprap 520 feet of natural shoreline.
Vernon L. Creekmore
Bio Report
Page Two
Site Description
The applicant owns 15' /a acres of farmland adjacent to the North Landing River on
Creekmore Road (SR 1238) in Currituck County. The property is generally flat with sandy
loam soils with a clay base and vegetated with soybeans. Man -made features include a farm
ditch system and a derelict bulkhead, that at an earlier time, ran the entire length of the
property and protected the shoreline. Approximately 50 ft. Of the bulkhead is remaining.
Adjacent property consist of an undeveloped wooded area with some wetlands and farmland
which has riprap along the shoreline.
Approximately 460 ft. Of the shoreline is a sandy, unvegetated beach. The beach area
averages 10 ft. In width and landward of the beach is an erosion escarpment which separates
the field from the beach area. The remaining shoreline varies from a beach area vegetated
with common reed (Phragmites communis) to a flooded area also vegetated with common reed.
This area is located landward of a section of the derelict bulkhead and has a comparable
erosion escarpment.
The applicant has experienced extensive erosion to his property and his brother -in -law,
Mr. Joseph M. Pritchard received CAMA Major Permit 79 -93 to riprap the adjacent farmland.
The applicant received CAMA GPA17729 to riprap 500 ft. of shoreline on April 7, 1997 and
is attempting, through this application, to complete placing riprap along his shoreline. The
Division of Environmental Management classifies the waters of North Landing River as SC.
Project Description
In order to protect his property and prevent further erosion, the applicant proposes to
place stone riprap along the existing erosion escarpment of his shoreline. The riprap will be
520 ft. In length and will have a 5 ft. base.
Anticipated Impacts
The placing of the riprap along the erosion escarpment will result in 2300 sq. ft. of
Estuarine Shoreline being filled and 300 sq. ft. of Public Trust, Estuarine Waters shallow
water habitat being filled. Temporary water turbidity will occur during construction.
Submitted by: Frank A. Jennings, III
Date: August 4, 1997
Form DCM -MP -1
APPLICATION'
_
(To be completed by all applicants) ��ut 1 i 199-1
1. APPLICANT
a. Landowner:
Name Vz,L� 1, , C
Address A / , 5e' 0.5--
City /t'� t _ State N C
Zip % 7 S Day Phone
Fax
b. Authorized Agent:
Name
Address
City
Zip Day Phone
Fax
c. Project name (if any)
State
NOTE. Permit will be issued in name of landowaer(s), mid /or
project name.
2. LOCATION OF PROPOSED
. PROJECT,
a. County (� V f e l Ta C (C
Revised 03/95
b. City, town, community or landmark `
_C'RAw�o�eD T0[,O/V //,,P
c. Street address or secondary road number
/02 3 9 8OX C3 -
d. Is proposed work w0 in city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) - Vcy; w F / f1,(/06 s 'Pl ce/Z
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.
Eli I l d /Pin � P-
11
Is the proposed activity maintena?ce of an existing
project, new work, or both? Y1 e w
c. Will the project be for public, private or commercial
use? olfr
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. a.se g fC#4f1fck--- <*-
de -Fm a /,4c e 1,
S7w.y —
�t,�,LTt-t�� eiC'eSia�y' f�L oN S
�$/fOfeLJNC
Form DCM -MP -1
RfCCEj .V;!`
UUL 1 1 1997
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s)
c. Approximate eleyation -of tract above MHW or
NWL
d. Soil type(s) and texture(s) of tract .
'95004' Z_ot4"
e. Vegetation on tract So e Sel}ws
f. Man-made features now on tract - r -rO -Wes
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
6,C onservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
ifrc 2 At— cJ/7rF ,SWV(Ces
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
Register listed or eligible property?
Yes L,-No
1. Are there wetlands on the site? Yes L/_ o
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe g 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.)
,5ux PAC e "4teAy O;=;=
o. Describe existing drinking water supply source.
A/00-t:_7
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.
a—An accurate, dated work plat (including plan view
and cross - sectional drawings) drawn to scale in black
ink on an S 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.020' :0 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 LV G tDcZ / E
Address fl o $o)c 16 2
Phone C u e R i Ty C tC N. C a 5a-5
Name 1.4 Pie / tC 4,9 ri
Address iQ o u 4e. ! I Box
Phone M oyo c C , c2
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.
GP-0 /v2 ? J7 4
7.60,4(-/ 9 I
• 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 03195
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 Jam, 19.
Print Name Van a m
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
'ACM MP -2
Excavation and Fill Information
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 1 1 1997
Form DCM NT -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
Eaasting Project
ipngth Width Depth Depth
`ia 1 1 1997
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?
1110 fil
< •v\,.� jai �' Jy`._j.'t. �
• :•r`� ��j�.� - �•.
`ia 1 1 1997
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?
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