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HomeMy WebLinkAbout19970800 Ver 1_Complete File_19971017State of North Carolina Department of Environment, Health and Natural Resources 4 J �Le) Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p E H N 1� A. Preston Howard, Jr., P.E., Director October 17, 1997 Carteret County DWQ Project # 970800 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. John Allen 106 East Main Street LeRoy, NY 14482 Dear Mr. Allen: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 2,500 square feet of wetlands or waters for the purpose of constructing an access road to your lot at Becks Lane #2 off of Hwy 12 as you described in your application dated July 29, 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. 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 except as modified below. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. Stormwater from the site shall be directed to sheet flow across the remaining wetlands on site. 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 Domey at 919 - 733 -1786. c , Pton H4wr. eP. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files John Parker, DCM 9708001tr 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 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director TO: FROM: SUBJECT: Applicant: Project Location: RECEIVED Mr. A. Preston Howard, P.E., Director Division of Water Quality John R. Parker, Jr. Major Permits Processing Coordinator SiP 12 1997 D1Vt'S1() .1 F COASTAL MM4AGEMENT CAMA /DREDGE & FILL Permit Application Review John P. Allen Off NC Hwy. 12, on Becks Lane #2, Ronald Goodwin Property and adjacent to Cedar Island Bay, in the Community of Cedar Island. Proposed Project: The applicant is proposing to fill an area of '404' wetlands to gain access to his high ground property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 11 1997. If you have any questions regarding the proposed project, please contact Charles O. Pigott 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. SIGNED This agency has no comment on the proposed project. 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 Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 Telephone 919- 808 -2808 Fax 919- 247 -3330 An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post- Consumer Paper September 22, 1997 MEMORANDUM TO: John Parker THROUGH: John Dorne* FROM: Eric Fleek L! — RE: John P. Allen /CAMA Dredge & Fill (Cartert) The Division of Water Quality has review the subject projects and will recommend the following conditions for the 401 Certification: 1) A deed restriction, conservation easement or other similar mechanism will be placed on remaining wetlands on this lot to prevent future impacts. 2) Stormwater from the lot will be made to sheetflow through these remaining wetlands. Cc: Rick Shiver, DWQ Wilmington Regional Office DIVISION OF COASTAL MANAGEMENT���� FIELD INVESTIGATION REPORT �NIi�,PpFp J ! 1. APPLICANT'S NAME: John P. Allen r7q�sC �l 9 7 0 8 1. 2 IFS 2. LOCATION OF PROJECT SITE: off NC Hwy 12, on Becks Lane #2, Ronald Goodwin Property and adjacent to Cedar Island Bay, in the community of Cedar Island, Carteret County Photo Index - 1989: 147 -41 S -5 1984: 152 -367 V -5 1995:57-6701-18 State Plane Coordinates - X:2808600 Y: 460200 3. INVESTIGATION TYPE: CAMA only 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 21, 1997 & September 8, 1997 Was Applicant Present No 5. PROCESSING PROCEDURE: Application Received - August 15, 1997, revised September 8, 1997 (A) Vegetated Wetlands Office - Morehead City 6. SITE DESCRIPTION: '404' vegetation (including pond pine (A) Local Land Use Plan - Carteret County and cinnamon fern, red maple) Land Classification From LUP - Rural/Conservation RECEIVED (B) AEC(s) Involved: ES (C) Water Dependent: No S�r (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank WATER QUALITY SECTION Planned -N /A Non- 3WftVP Cs En(. (F) Type of Structures: Existing - N/A Planned - N/A (G) Estimated Annual Rate of Erosion: minimum Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands '404' vegetation (including pond pine 2,500 sq. ft. and cinnamon fern, red maple) (B) Non - Vegetated Wetlands None (C) Other None (D) Total Area Disturbed: 2,500 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: ORW, SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to fill an area of '404' wetlands to gain access to his high ground property. FIELD INVESTIGATION REPORT: JOHN P. ALLEN /CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property consists of an approximately .75 acre tract of land located off NC Hwy 12 on Becks Lane and adjacent to Cedar island Bay, in the community of Cedar Island, Carteret County. To reach the property, one would take the second driveway past the Cedar Island Volunteer Fire Department Building with the lot being located North of the fork in the road. The lot can be characterized as having two (2) high ground areas, separated by an area of '404' wetlands. This wetland area is approximately 12,600 sq. ft. in size and is vegetated primarily with pond pine, cinnamon fern and red maple. This area appears to be physically isolated from the waters of Cedar Island Bay and is impounded only after excessive rainfall .. -...a eve. ts. An approximately 15 -20' wide area of asphalt material has previously been placed l n rs edge in an attempt to provide shoreline stabilization. This material was �'�,;� g p p spread out and tossed around a great deal during the recent hurricanes. A septic tank with .nitrification lines was installed on the upland portion of the property in 1987. *16terP&' Cedar Island Bay have been classified as Outstanding Resource Waters (ORWs) 'and "SA'thd;are open to harvesting of shellfish. In order to gain access to an upland building site, the applicant is requesting a permit to construct an approximately 125' long x 20' wide x 3' high access road through the wetland pocket adjacent to the existing road (Becks Lane). Major permit #37 -93 was issued to Ms. Lina Panzarella, the adjacent riparian property owner to the South, for basically the same proposal. 10. ANTICIPATED IMPACTS: The project as proposed will result in approximately 2,500 sq. ft. of '404' wetlands being impacted. The applicant is eligible for a Nationwide Permit ( #14). A major Permit is required since development is being undertaken within 575' of ORWs. No further development is being proposed at the present time. PREPARED BY: CHARLES O. PIGOTT DATE SEPTEMBER 9, 1997 Rrm DCM -MP -1 APPLICATION (To be completed by all applicants) b. Ci � =,cor�ETtVr Tan mark 1. APPLICANT \ a. Landowner: Nameo Address City �ec� State Zip � a. Day Phone 11(o - 7 � g- (07 Fax b. Authorized Agent: Nam e.,t, \C\ a..-`Ce Address 5 3 5 City�c�.v.�o�T State_ Zip 5 l Day Phone � \C\ -A Fax Q1 \q- `12.2- ta�a.1' c. Project name (if any) 111 f�ls NOTE. Permit will be issued in name of landowrur(s), ad/o, project name. 2. LOCATION OF PROPOSED PROJECT a. County Revised 03/95 c. Street adds or seMda{y road number 1(0. ec ar d. Is proposed work within city limits or Tannin jurisdiction? ✓Yes No . e. Name of body of water earest project (g. ,river, creek, sound, bay) C e�c. 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 ez vation and /or filling activities. b. Is the proposed activity maintenance of an exis ' g project, new work, or both? eve, W c. Will the oject be�for public, private or commercial use? rev C_ e1 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is need , plgase at�ch additional pages. ���.,.�t i NUT-15, j.,,, i LL LM 1 to . Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract • I °2 isz b. Size of individual lot(s) � '10 c. Approximate 'elevation of tract above M1-1W or NWL r- d. Soil type(s) and textures) of tract e. Vegeta ion on tract VVIAO f. Man-made features now on tract , rcN cry g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How i is the tract zoned by local government? i. Is the proposed project 6611sistent with the applicable zoning? x,-"' Yes No (Attach Zoning compliance certificate, if applicable) j. Has a professional archaeological ass went 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 I 'No 1. Are there wetlands on the site? _% Yes No Coastal (marsh) Other If yes, has a delineation been conducted. (Aaach documentation, if available) Revised 03/95 m. Describe existing wast water tr t f ilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial off! egt "wash do " and residential di charg\es.) o. Describe existing drinking water supply source. k. 'A 4 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 8 112" by 11" white paper. (Refer to Coastal Resources Commission -Rule - 7J.020' 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 '� Address n1c, e_,Z Phone \ I b Name Address Phone Name 2o.v� � • ��v1Sr� � Address \ kQ r. Phone 51`l- a815-030 • 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 eypenditure 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 provid -i in this application is truthful to the best of my knowledge. This is the y I day of 7su.k , 10 Print Name Signature' Landowner or Autho;i X Agent Please indicate attachments pertaining to your proposed project. . % DCM 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. ,sw Form DCM-MEP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. 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 (:E�ctivities. 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. Fbial E3�sting Pro I ject Length Width Depth Depth 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards P I Y)�- b. Type of material to be excavated.. Q. c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes k�� No d. Highground excavation in cubic yards %'3 ) VN- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 43 � Y-\- b. Dimensions of disposal area �3 N Pr c. Do you claim title to disposal area? Yes No 1,3 \ T-\- If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? — Yes No �3 1 VY If yes, where9 c?'o 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards P I Y)�- b. Type of material to be excavated.. Q. c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes k�� No d. Highground excavation in cubic yards %'3 ) VN- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 43 � Y-\- b. Dimensions of disposal area �3 N Pr c. Do you claim title to disposal area? Yes No 1,3 \ T-\- If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? — Yes No �3 1 VY If yes, where9 Form DCM -MP -2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No Qkhr f. Does the disposal include any area in the water? Yes No \ :3 1 N 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N � Pt- Bulkhead Riprap b. Length l� c. Average distance waterward of MHW or NWL X10 d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap \� (2) Bulkhead backfill h. Type of fill material N 1 N i. Source of fill material I N 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? ✓Yes No Revised 03/95 If yes, (1) Amount of material to be placed in the water.�rc� t1r� (2) Dimensions of fill area :W X ! ab y 3 t (3) Purpose of fill s S& a y e•,�c�.l b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? �C Yes No If yes, (1) Dimensions of fill area WA-1 cc� ee (2) Purpose of fill v�c� 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? w c� b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 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. A pGcant or Project ame Signature Date Form DCM -MP -3 UPLAND DEVELOPMENT (Construction and /or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM -MP -I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number o buildings f flitips, u its or tructures proposed _ CN�t2 ��D� -ci ��o b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) C7.>\,�_ d. Size of area to be graded, filled or disturbo i cluding roads, ditches, etc. -.Mr.« e_- If the proposed project will disturb more than one acre of land, the Division of Land Resources 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 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. Describopos method of sage disposal. j. Have the facilities described in Item i. above received state or local approval? -e.S (Attach appropncue 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 residential discharges). 1. Describe proposed drinking water supply source (e.g. well, commu i , public system, etc.) u� l� m. Will water be impounded? If yes, how many acres? _ Yes L--" No f. List the materials (such as marl, paver stone, asphalt, or concret to be used f r paved surfaces. n. If the project is a oceanfront development when *NrZ was the lot(s) platted and recorded? oil F1 ILI! I g. Give the percentage of the tract w t4 n JdAel cl 1997 t 'cant or Project MHW or NWL, or within 575 feet e case of an Outstanding Resource Water, to r '� - ; —' -� Signature impervious and /or built -upon surfaces; -snch-'as_-_-____ '" pavement, buildings, rooftops, or to be used for Date vehicular driveways or parking, o2D7b Revised 03/95 W F 0 a V1 N r z w wU) s a o wom_ (s z ,'��111111 \7�f� �� •� t _ MQJ1b U > N x a > Z t- J In �, N o o a o C o N a �p V HIHON �l x U r > >mc« x a •• 9� Z 7'a-0 a Z F- z 0 J3E o`os W O Ow I WZ3WC) � Z —1p� 0 ` r d a ,- Q J cr- - O 0 Z.<0 `O� ` O p U NUS W Ld z ° Q 41 O 2 O •-la rc w ju z a�i5 aQZ N N N N yZ �Tql� h qYqy1,N WN WNW41 fa/1w h =I J zlill JSJZJZZ WF -•r+W =11�Z um u 0 /yY Z k i 3 f^ J Z z / Z _ 6 9N'IM K U Z w a 2 a 3 o J � N LLzJ U w S a o 'll '5 /s L' O m O 14 2i Q 4 4W 2 N = a u x i a u 40 w _ Z z m o o z o N Z Q GiG / '_ o Ld Jm ¢ = J w iy mo � � J J f- iva O a a 0 r Z W w IL W x W O U w Z a J Y 0 ^ L R n L C Ru 0 a co N 1, -1 tnuul, -i N C7 N v~ Q Li CL(DOCO w wU) �0 W l' m N o wom_ < -� ,'��111111 \7�f� �� •� t _ N�rNU,• W`! J N x 1 N o o a o C o N a N E `9 °° 1 °O �l x U r > >mc« x a •• 9� �D z 0 J3E o`os W N mto� s ,, co N 1, -1 tnuul, -i N C7 N v~ Q Li CL(DOCO 0 / wU) �0 W l' m N r+r- �- wom_ -� ,'��111111 \7�f� �� •� t O U� Q;mNC� �N fO O z lri V � V'MrAna tD 1? O lu 3t ?: ww3 �o8ppapn"�iAg 2 N NO01.°tIN � N 8 Q 1F In- w - Mrr- 1017 -1n m Z Z Z Z Z Z N N N 0 1 I I I I I 1 J J O J JJJJJ U (x a' 1— NON�WE 6- N K a 2 oko eQS�` o IV 0 / z� pN CV) 1 Cp C J U LJ co 1 4 r6 IL i- ,99-9"1 Dear Sirs: We are making this application in the hope of obtaining a permit to fill 404 wetlands(not marsh). The purpose for the fill is to install a drive- way which will allow access to a buildable area on the lot. We plan to re- move a few small trees along Beck Lane, add up to 2.5' of sand, and top with .5' of marl. At the current time, we are unable to get to the water` front without crossing the low land. Please don't hesitate to call with any questions. Sincerely, as' i C*' w ►a�. e�tsef ev °pU togar Ali i.� • �• + •�a.� a p+•f.�' 0e S•' I i AUG 1 5 1997 v z O N Z z LEGEND ST.iE LWE UTLIIY E.SEW:Mi� CDWTY LYE SEGXO.PT PD.D LI TOYXSwp LNE PD•D A/Y �- GTY LYE � � � � � � P.WtO•D P/t MOPf0.TY lYE A p.m MDO[ T STREYS oR SIM)PELYE 00.1M1INl LDT 11d. /i BLDGI MNWEP J� . p•PCEL "E Il EX ILW . DMI- 1 -AL Lm LWE — — — — 6197 _ r WTEPST.EE --I O CDIWDTED .CPE.fiE IP /. FkQUDE01 (12311) . GEED .GIE.DE WIT D.S. IYEWY•Y � i X.0 STATE I—SAY O 5<LLm OPIf)YS�DP IS61 SumrWOX KDIZ ® DEED o-E SIDX ISf.IS RP EATY COIWEN Y/SAST CDDPDWTES-----T— DW1X 1 APE W FEET \ 1� Ol '/ESTNGNDUSE LANDMARK GEOGRAPHIC ►FORMATION SERVICES ".. XDREX Wp.W. o•Te I i•p b LhvJ 8406.04 84:8.C' 5 8405,01 6405.02 8415.01 Q 8405.03 8405.04 8415.03 e z _,,7. E 2810.000 810.0 SCALE, 1 rcm 200 FEET KAP NO. 64W5A2 E 2.809.000 � Cie y70C Gcr�� \�.�cn r'�se Y�c � 1 — f � ' i f 71 v IN 4C ri 71 Rl cl ED em Ow P X, N.k Vn' f ... Fn ;p;Nv rr�o - I 1!1 --01-