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
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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
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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
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LEGEND
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TOYXSwp LNE PD•D A/Y �-
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D.S. IYEWY•Y � i
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