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HomeMy WebLinkAbout19970786 Ver 1_Complete File_19971021DEHNR Fax :9199753716 Nov 25 '97 16:48 P.05/06 EM4Rl [INf' >` PRINT NABS V•,: �': i.: ?'••': •:j..;�.•''.,`.•�y' `:. •is•.b ': '''tiJ i'LCY. ".- �1✓,,LtiY'F+ WQ Sup.y >; `'E1?CV.I ONMENTAL •SCIENCES' BRANCH DATE: WHT:'AND :`.`STAF..YtEFQRT AND RECONYMENDA.TIONS JS.T BE; AN5WEI D :(USE N/A FOR NbT APPLICABLE) ;' =`' E'E1iNt '; 3 R::•.; ;': .7•.'.. PE' IT.. NU . 00.U0 7 8 G 60.UNTY : CURRITUCK ATE >:iti'::!CREETNICIRE . T.N.F. VfABILI•ZAT PERMIT TYPE: CAMA ',C i`a:....:`i':,:'`' ;r' G.fJFr`.:+.'.7r•. %'•:'; : '':' , ! DO_�� DATE JR .' UA : 09/-15/97 LY O IV . X '`T.Lt LV ' It7' NO: r �;r" •;� °1�". .. r...� L WY., TYPE: 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 0,.: 0117 Ll''. ...... i Eec� +rr H i r� ; °:r' r ire � c e . i C►� tT.F y � DErr9t i '' .a.:•:... -: .. r i .,.�. .. .rte-. - 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 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper DEHNR Fax : 9199753716 Oct 16 '9? 17 44 P. % ..4 . I.. ' T.a:.: gphn Barney 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 r + MOJECT." RAW: PRO SET TYPE: �17 PERMIT TYPE: CdB ?:1.: DOT #: ;t RCb;.: PROM:. CDA; DE?I DAIS -JlOH CDA.: 1 •• , � nRi7'�•- •WP.r,l{J�2 WHO p ' F ' Sn.TR�.�EyAQM 0O JACk;NT WATER DOLY i/ �i "7 1[' S`?1� *�WTL . WL TYPE! IIKP1�GQT:; �.{ ACR EST: :, HTTtGAI`IO1V: GATIOA TYPEe :- :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 tY"_ Wslt'}: +Cril'�.1 F'i l.r_:; 17�'1+i k`iBl�i t7fficc� i c_Y5E TM1Ti7 if l ! ragton office 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? �s ,5ceqc /" = /(2- e.eoss s Ecr1oV CR y J4 4j j 44 PRoPo. ed je l P IQ fi° 4 Y T-o 8 Pt)tc c i q cJ v2 Feet' or- SHCAOeLiNe.