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HomeMy WebLinkAbout19970937 Ver 1_Complete File_19971230State of North Carolina Department of Environment 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 James and Ms. Marcia Lawrence 8806 Platt Ridge Drive Chevy Chase, MD 20815 Dear Mr. and Ms. Lawrence: ALT.WAA IT 4 DENF1 December 30, 1997 Currituck County WQC Project #970937 You have our approval, in accordance with the attached conditions, to place fill material in 0.013 acres of wetlands or waters for the purpose of constructing a home at the Currituck Club, Phase I, as you described in your application dated October 28, 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 Domey at 919 - 733 -1786. Sincerely, P ston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr: John Dvrney Central Files John Parker; DCM Environmental Sciences Branch 4401 Reedy Creek Road Telephone 919- 733 -9960 970937.1tr Raleigh, North Carolina 27607 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 Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Date bZ12 "4 ,&�j 0 DEHNR Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733 -9959 FAX TO: (-i L AvPtV I FAX NUMBER: R 11 — t 67343)A FROM: DWG P4r h/Lf PHONE: 1796Z NO. OF PAGES INCLUDING THIS SHEET: 4ple �"5 -TT—f Curl✓�PI' ��esJ;�S P&a?--- CLI/) Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919 - 733 -9960 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer 50% recycled /10% post consumer paper 12- 30-97; 9:45AM;BDA ;9194534377 # 1/ 4 RCY TRANSWSSION 800 pzwmLa a 4csociA mss, 4avc. sal U COROLLA, =2=- 7#27 FROM 2WE D"K OF ERIC .4 VFW, r.Av CQ MT. RW770JV DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James and Marcia Lawrence 2. LOCATION OF PROJECT SITE: The Currituck Club, Phase 1 Photo Index - 1995:201 - 2102 Q -9; 1989: 139 - 39, D 2 State Plane Coordinates - X: 2942200 Y: 935800 3. INVESTIGATION TYPE: CAMA /D &F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -June 5, 1997 ; June 19, 1997 Was Applicant Present - ; no ; yes 5. PROCESSING PROCEDURE: Application Received - 8/25/97 Application complete - 10/7/97 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1990 Currituck County Land -Use Plan Land Classification From LUP - Conservation (B) AEC(s) Involved: ES (C) Water Dependent: no (D) Intended Use: Private (E) Wastewater Treatment: Existing - none Planned - single family septic system (F) Type of Structures: Existing - vacant lot; Planned - single family residence (G) Estimated Annual Rate of Erosion: unknown Source - Applicant 7. HABITAT DESCRIPTION: IN AREA TYPE OF HABITAT 2G Cox �� EXCAVATED FILLED OR GRADED SHADED (A) Freshwater Wetlands 564 sf. (0.013 A.) (B) Upland 7,086 sf.(0.162 A.) 1' (C) Other (D) Total Area Disturbed: 7,650 square feet (0.175 A.) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicant proposes to construct a single family residence and garage. The applicants propose to fill and grade a portion of the AEC which includes freshwater wetlands. James and Marcia Lawrence, CAMA Major Application Bio Report, Currituck County Page Two PrQipet Setting The work site is located along the Estuarine Shoreline of the Currituck Sound in Currituck County. Currituck Club Subdivision, adjacent to the Currituck Sound in Currituck County. The applicants' lot 504 Brown Pelican Court and is part of a new subdivision in Currituck County named The Currituck Club. This subdivision is north of the Dare County line and is associated with The Currituck Golf Course which is located between NC 12 and the Currituck Sound. Current development within US COE jurisdiction at The Currituck Club was authorized by the US COE. There have been no previous permits issued to the Lawrence's concerning this site. However previous - CAMA activity did include the siting of a CAMA Major violation which concerned unauthorized excavation of approximately 300 sf. of freshwater wetlands within the Estuarine Shoreline and a freshwater wetland impact total of about 564 sf. There are approximately 230 linear feet of shoreline and about 17,250 sf. of Estuarine Shoreline on this lot. There are no geologic or archaeological interests known on the site. The applicants' sound front lot ranges in elevation from NWL at the Currituck Sound to about three and one -half feet above NWL and the total lot size is less than one -half an acre. The lot slopes toward the Currituck Sound and includes a coastal wetland fringe adjacent to the NWL, followed landward by a freshwater wetland fringe which is adjacent to the upland area and provides a buffer between the marsh and upland area. The upland area was vegetated in Ilex opaca, Quercus virginiana, Persea borbonia, and Magnolia virginiana as well as Arundinaria and various sedges and field grasses. The shoreline is not stabilized with any hardened structures in this vicinity. The shoreline gradient is beach like with a sandy bottom. The Currituck Sound along this shoreline is shallow and is not more than three feet deep several hundred feet from the shoreline. A small escarpment is present about ten feet landward of the NWL. The coastal wetland vegetation fringe varies in width between a few feet and 30 feet and includes Sp. cynosuroides, Juncus roemerianus, Typha lat. and Sp. patens. The freshwater plant species frjngejncluded(s) Myrica cerifera, Nyssa aquatica, Saururus cernuus and various sedges and vines. The waters of the Currituck Sound are classified as Joint Waters by the Division of Marine Fisheries. These waters are also classified by the Division of Coastal Management as both Estuarine and Public Trust Waters, and as such, are part of the Estuarine System of Environmental Concern. Project Description The applicants propose to construct a single family residential structure within the Estuarine Shoreline of the Currituck Sound. The applicants propose to fill and grade 7,650 sf. of their lot with sand to stabilize the subject lot for the construction of a two story single family residence and garage. This development will require the filling of 3,675 sf. of Estuarine Shoreline. About 300 sf. of this Estuarine Shoreline is also 404 / freshwater wetlands. The applicants also propose to fill 264 sf. of these freshwater wetlands which are outside of but adjacent to the Estuarine Shoreline. This fill (564 sf.) has been recorded by the US COE under Action ID No. 199705879 (Notification of Unauthorized Activity). James and Marcia Lawrence, CAMA Major Application Bio Report, Currituck County Page Three The proposed structure will be approximately 40 feet landward of the NWL. The total square footage of this residence will be about 2500 sf. Approximately 412 sf. of the proposed residence will be within the Estuarine Shoreline. The proposed development within the Estuarine Shoreline AEC will result in an impervious lot coverage within the Estuarine Shoreline of less than 3 %. The Currituck Club Subdivision is supplied water and sewer by a central water and sewer utility. Anticipated impacts The proposed development will require the placement of no fill material below the NWL, or any Estuarine Waters. Fill and grading activity will result in the loss of 564 sf. of 404 / freshwater wetland habitat which in essence has already been lost due to the recent excavation violation. The applicants propose to fill and grade a total of 7,650 sf.; a total of 3,675 sf. is within the Estuarine Shoreline of the Currituck Sound. The applicants have not proposed any direct impacts to the adjacent coastal wetland fringe. LAMA Review A consistency review of the Currituck County Land -Use Plan will be submitted by John Thayer in a different document in the near future. Submitted by Dennis W. Hawthorn, October 10, 1997 Form DCM -MP -1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark COP-0 lIA 1. APPLICANT .c.. Street address or secondary road number -50 / 32ow,,4 PeL.IGAV COOA-t a. Landowner: Name Sme5 Am) M"c-IA LAwcRNce Address S 80(o PL,4*+ R l cf-e QRlve City GA-!VI Gd,A5e State MD. Zip a 0 815 Day Phone Z0.2-&W-/V07 Fax b. Authorized Agent: Name R013 De C- Ah R �e11e 4,1d A55G- Address P� 1 OC e-AN 19 Al � 5v,Ie y City C OWIA State �-l. C - Zip )M ct a `1 Day Phone Cl MI - L153 -3660 Fax 17 1 e - 453 -3ri aQ c. Project name (if any) C C 5 NOTE. Permit will be issued in name of landowner(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT a. County �- v R R,' fv c�k Revised 03195 d. Is :proposed work .within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) C OR-R t i-tiek 5our4 n 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. GoKSfiRve•F;eni �� S /'MgJ_� -�i..r, �L 0,.J-c i IJ a ul i ii 04 J b. Is the proposed activity maintenance of an existing project, new work, or both? New WoA k c. Will the project be for public, private or commercial use? P c y,44 -r 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. To RA << A-c;-ies1'+e Akt o -F ; 1 I 3 crn cr 44- o-P 4oy l,d e+ L IA 14 1 +4A4 1'-5 \Ai °�11 r'u 4-Ale '75' AEe LiNe. �Ja4e- : S2 f-' ga, Lkecii 1�L,4i l)R+liJi�t�,5 Form DCM -MP =1 FCC' �'rr'.•,�;r.�1 >�t 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Les S' 4k^,4 'J2 Ac Re b. Size of individual lot(s) _5re -4+F&JJ i;LA +s �. Approximate elevation of tract above MHW or NWL 3. 5 44. — A ye*. +14 cr Rwde 1. Soil type(s) and texture(s) of tract 5au Dv Vegetation on tract M x4+25 k G R .a s 5 m. Describe existing wastewater treatment facilities. GGN +R *L 5ewote 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.) 6 i fe RON - d ri -Feet+► 8,41m o. Describe existing drinking water supply source. C 4-4 tai A.+ e it . Man-made features now on tract go nl e r G e + Lo+ 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation Transitional Developer) Community Rural Other 'n. How is the tract zoned by local government? S PA#",L%4 GoMM„Niiw 1. Is the propose • pyoject consistent with the applicable zoning? Y Yes No (Attach toning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. Is the project located An a National Registered Historic District or -does it involve a National Register listed or eligible property? Yes_ No I. Are there wetlands on the site? Yes No Coastal (marsh) Other If yes, has a delineation been conducted? \/2 (Attach documentation, if available) i Revised 03195 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.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 in DCM -MP -1 Re. Include highway or secondary road (SR) lumbers, landmarks, and the like. k Stormwater Certification, if one is necessary k list of the names and complete addresses of the adjacent waterfront (riparian) landowners_ and ►igned return receipts as proof that such owners have received a copy of the application and plats �y certified mail. Such landowners must be advised hat they have 30 days in which to submit comments in the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Moa cud bNeI,4 L -4psor4 Address Uo Noa-�� GpAt AVoo CT 06 00( Phone Name QAviD r. Auo SAI-ZOAQA F. �Li1CY Address 3a 3 8 A- 7gg+ J)a eve f 44a *i,4a+.t VA. Phone 2 3 (o6i 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. CuRR1+ue_t 3:551)ed `7�1Si9� Nc7. 03 oJ'1 Od'?y 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. 1/95 Y r_, CC 'f if 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 I I day of Atisys i- , 19 47 . Print Name E2 c A*4eav (8 ,)K1 Signature �.Gl c. (U C04) Laufowrur or Authorize Agau Please indicate attachments pertaining to your proposed project. X DCM MP -2 Excavation and Fill Information X 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. 4� 12; 1d FKUI11 I U c /eic Form DCM -MP -3 UPLANDCl�,r , M 2 11997 DEVELOPMENT (Construction and /or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM -MP -1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? a. Type and number of buildings, facilities, units or Yes X No If yes, date submitted structures proposed oue- L Describe proposed method of sewage disposal. b. Number of lots or parcels 014e.- Lo+ 0 _ C e v � LA N.f fit , Sc.we,R C. Density (give the number of residential units and the j. Have the facilities described in Item i. above received state or local approval? e- units per.acre) C Ne R s;c(e,u4;AL. Umti- OrK (Attach appmprate d-=— t-d-) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. ZC95o g sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges). S!%Q �Jrt- O-� tRos+A /Zdl /wJ 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. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Division of Land G car Igo,+" Resources? Yes No - N/A If yes, date submitted M. Will water be impounded? Yes X No y If yes, how many acres? F. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. N n. If the project is , a oceanfront development, when u.4 c.),w q t,t P*-&k, 44s* .fi.� �G was the lot(s) platted and recorded? WA he GouGR �� U BOB Av d ka c ;. Give the percentage of the tract within 75 feet of AppHcaat or project Name MHW or NWL, or within 575 feet to the case of an Outstanding Resource Water, to be covered by Sk=ture impervious and /or built -upon surfaces, such as pavement, buildings, rooftops, or to bA used for �� f 'q�g �s� t vehicular driveways or parking. _ so., Date revised 03195 WI la" LN �i +'� - •t^i. 7 - Sill PT /� �'7Ga 0�a /P_J(JC inn lrri%ar�r� Tf 1T01 P fa7 1661 �, 19 u�ni�J3� -5%6 17Y), 6a .,v 9 T�r +v7 'a;qp -07 m I Awl ,irli4k c V ` 0 c 2 .100 lw I pervNa't, V-2r--fj ev -AOP.lj QN d�7 ��i' p'Q r149 91 ,A7rj,jj r, , � u �s OCT 2 1997 AUG-12—'9? T UE 13:15 I D: OB SATELLITE OFFICE TEL 1,10:919-453-8300 #708 F02 al1511997 11:1.3 9192329026 OURRZTUCK. ( "'OU111Y PAGE 65 4u6'd.S- i rs..I Al1td4 1U;Llri N- 111:1-L11h L,!•FI+_E TEL %$T5 P05 1. IHi• 01,40'► ,* ,RCI to ANA AGIN IWAt MAT IMP MU NN ITT AIIJII AN0 AVOW* 1110 IWC%, t AREA BY O MOINA ?C ampunifAiw �.'• rrw� 41 1 I q tt�l • a. a 4 • . �t: .. 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Of* '11P Z64 �'tat�ta� It osma WATCH VA6'j 1 /f1tL "I Itl Y 7N C0#4c " IINIv Pd.tj p 1wYaw Irt11>J'o1►I ' r 'Ile ,r CN6AD 36 31' BROWN PF-LICAN (4n' PA1V.,Tt R /w) uiR. / .op eJ rIn►,HCUe Mu e . • —•... �'_:aa4, ',A .b ,I�J1Mr<.- '��moo —:, 'w,++rr4�.a+i 'JURA r WR JIM LAWRENCE & MARCI A LAWRENCE POPLAR {��p4 JLCIi/y1s5,,'( PHASE j1. '(THEE CURRI�TUCKy� CLUB Ltt — NORTH CAROLINA .S'RAD011Ri) .A AIM rRII" tArr