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HomeMy WebLinkAbout19970438 Ver 1_Complete File_19970627State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Paul and Ms. Irene Komarow 217 E. Main Street Bath, NC 27808 Dear Mr. and Ms. Komarow: LT.6;WA A&14 EDEHN1=1 June 27, 1997 Beaufort County WQC 401 Project #970438 COE #199705606 You have our approval, in accordance with the attached conditions, to place fill material in 280 square feet of waters for the purpose of constructing a replacement bulkhead at 217 Main Street in Bath, as you described in your application dated 14 May 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 Dorney at 919- 733 -1786. Si ely, ston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker, DCM 970438.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 -733 -1786 FAX # 733 -9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled /10% post consumer paper DIVISION OF ENVIRONNW -AL . MANAGMW CANAICOX PERMIT APPLICATION REYM KaR¢!•'gROJBGT f xY �~ %D WQ SUPERVISOR: L RSV�EIiSRo SAWYER DATE= WST(;AIiiD INFOR1fA?IOrN hOR CanMAL OFFICE AC]CING PEMT ' YR T COUNTY: I p1f0,7EGT' TYPE: PERMIT 7Yk'B: $ DOT is acD . CDA: d6l> DATR rROK CnA: G OFFICE: WaRO _ RIVEL SUB BASIN s �✓" STREAM OR, JA,C�� WATER BODY:`3a�01- t f dLASS: :5 STREAM INDEX f : 0PANE : OR CLOSFDs VL DVAQT. A/ WL TYPE: i ,• ]tE t B m WL ACR KST: HYDRO. CNRL'T?: WL $CORR: IIITIGATIE�N: NITIGATION TYPE: : MITiGXTIQN SIZES -(—WING SHEET ATPACEE V RBir(7 iDATION: 3s2 ISSULrlcom DENY HOLD STORMWATBR PLAN REWDr IF YE.. DATE APPROVED: Ca" P O;iECT DESCRIPTION, 01hkL= CnT. (401) CART. REQ'D: IF YES, TYPF. TYPE OF DiSPOSAia PROPOSED: (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED RY: (DEM. DIIS, COUNTY) ;..' Ir. BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: 'vATERNET -LA iD .FILL ARREA OF FILL: WATER: :1 ,� $� WETLAND: G� 19 PILL ELIMINATING A EIGHTFICANT USE? • `, DRH�� AREA TO BE DREDGED: T'S` DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RY.SOURCE? Ii5 SPOIL DISPOSAL ADEQUATELY ADDRESSED? ARE THE FOLLOWING ADEQUATELY ADDRE SSED? ,��'" SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central riles; DCM Field Offices= C1OE Wash;LngLon Office DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 M AY % 9 1997 REPLY TO May 21, 1997 NV ATTENTIONOF II:,Q�I�A[NIAI ;;(;i[N(;E S Regulatory Branch Action ID No. 199705606 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Please reference the application of Paul and Irene Komarow for Department of the Army (DA) authorization and a State Water Quality Certification to reconstruct a concrete bulkhead, on property located at 217 S. Main Street, adjacent Bath Creek, in the Town of Bath, Beaufort County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by July 20, 1997, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975 -1616, extension 23. Sincerely, T"110 Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 -7687 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Paul and Irene Komarow 970438 2. LOCATION OF PROJECT SITE: Beaufort County at 217 Main Street on Bath Creek in Bath, North Carolina Photo Index - 1995: 103 -1114; 0-9 1989: 2 -70 -4; M -9 1984: 76 -608; K -10 State Plane Coordinates - X: 2,650,000 Y: 633,200 � ���F Bath Quad. (upper left corner) �1j C 3. INVESTIGATION TYPE: CAMA , D/F � ! C y��2y9- k 4), 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/8/97 Was Applicant Present - YES ` %�y 5. PROCESSING PROCEDURE: Application Received - 5/5/97 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Developed (land), Conservation (water) (B) AEC(s) Involved: PTA (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - city sewer Planned - N/A (F) Type of Structures: Existing - House, bulkhead, pier with L -head, boathouse, boat ramp Planned - replacement bulkhead (G) Estimated Annual Rate of Erosion: Zero Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLER OTHER (A) Vegetated Wetlands (B) Non - Vegetated Wetlands f 280 ft2 Creek bottom backfill (C) Other (D) Total Area Disturbed: ±0.006 acres (E) Primary Nursery Area: NO (F) Water Classification: SB -NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a replacement bulkhead averaging 4' waterward of the normal water level. Komarow, Paul and Irene Bath Beaufort County Project setting The project site is located at 217 South Main Street in the Town of Bath within the historic district on Bath Creek in Beaufort County, North Carolina. The property is bordered on the north (upstream) side by a developed lot with a bulkhead, pier and boathouse. The south (downstream) side of the property is bordered by a developed lot with a ripraped shoreline and a pier. The property measures ±95' along the shoreline and is bulkheaded along the entire length with a concrete bulkhead that is failing along an ±75' section. An existing home with a landscaped lot and workshop are present on the site. Also on the property is a existing pier, with a L -head, catwalk and mooring pilings, a boathouse, and a boat ramp. The area is vegetated with lawn grass and various landscape shrubs adjacent the dwelling. Bath Creek at this site is classified as SB -NSW by the Environmental Management Commission. Bath creek at the project site is inland water and is classified as an inland nursery area by the Wildlife Resources Commission. Project description The applicant proposes to construct an approximately 70' long bulkhead to replace the failing section of the existing ±95' bulkhead. The applicant proposes to realign the new bulkhead to eliminate the corner caused by the downstream ripraped property. The new alignment will require moving the bulkhead waterward ±12' on the downstream (south) end, of which ±8' will be below the normal water level. The upstream end will attach to the existing bulkhead and the average distance waterward for the new bulkhead will be ±4' with a maximum of ±8' at the south end. Anticipated impacts The project as proposed will result in the filling ±280 ftz of creek bottom from the construction of the bulkhead. The project as proposed will result in localized turbidity as a result of the construction activities. David W. Moye - 5 May 1997 May 5, 1997 Mr. Terry Moore CAMA 943 Washington Square Mall Washington, North Carolina 27889 Subject: CAMA MAJOR PERMIT APPLICATION Bulkhead Replacement 217 South Main St. Bath, NC Beaufort County Dear Mr. Moore: Please find enclosed the application, application fee and drawings for the proposed work. I want to thank -you for your help in getting my project off the ground. The proposed project entails replacing approximately seventy feet of concrete bulkhead with seventy feet of salt treated wood bulkhead and the fill that will go behind the wood bulkhead. I intend to leave the concrete bulkhead there and fill over it enough to plant grass. If you have any questions concerning the above project, please do not hesitate to call me. Sincerely, h.� Paul K6marow attachment May 5, 1997 Mr. Terry Moore CAMA 943 Washington Square Mall Washington, North Carolina 27889 Subject: CAMA MAJOR PERMIT APPLICATION Bulkhead Replacement 217 South Main St. Bath, NC Beaufort County Dear Mr. Moore: Please find enclosed the application, application fee and drawings for the proposed work. I want to thank -you for your help in getting my project off the ground. The proposed project entails replacing approximately seventy feet of concrete bulkhead with seventy feet of salt treated wood bulkhead and the fill that will go behind the wood bulkhead. I intend to leave the concrete bulkhead there and fill over it enough to plant grass. If you have any questions concerning the above project, please do not hesitate to call me. Sincerely, Paul K4marow attachment Form DCM -MP=1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name twn'a0 I Retie K M n Aoty Address � 1 '7 h A-/ N S T City '� 4 7 It- State )'i C— Zip ^�-'7 8 4 - Day Phone q2-3-11-34 • Fax b. Authorized Agent: Name N/ t Address City '--J/O State '-JAr Zip W�,t Day Phone N /i4 Fax c. Project name (if any) 444- 1 NOTE. Permit %Q be issued in name of landowner(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT a. County Revised 03/95 b. City, town, community or landmark 134*R- c. Street address or secondary road number s 117 S. MA-1/1 S T- d. Is proposed wor�j�'ithin city limits or planning jurisdiction? �✓ Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 134-r 0 CRee K 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. I K k e'4 -d ^ iC F D ta4 C 6 /Iw � nJT b. Is the proposed activity maintenance of an existing project, new work, or both? 13,,7- rt c. Will the project be for public, private or commercial use? i V'4-1-4- 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. ieg4igL ZAeP14C4 qv sxLcTlk� CungkP-Te 15,AK494J 1S • l ry �Y / It A) -ro r-4 ) L A�'4 d A* -A4 S •4A •e f- pe,41,'y /` ) A.P Sovt� e-e, 1 4 elrM,nnTu A P&OAl"m 4o2T1e2 �p��o M ('aonvR7,I �aN 1►1 v �Ye19% lie Si C. Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract A gc.Re b. Size of individual lot(s) '94k e c. Approximate elevation of tract above MHW or NWL /o Fe-e d. Soil type(s) and texture(s) of tract SA.ry�% CI�y e. Vegetation on tract C- A-w ri g n.ass 4 n d oR- b,&ro,vTAI m. Describe existing wastewater treatment facilities. M) V# I c 19a- !r 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.) 5 wt f,-,- w 4-,1- -p r- )�%C, fl U FI o. Describe existing drinking water supply source. M VN ICI R4 L, f. Man-made features now on tract PW V41 e a s d P A( < e 9.1 IL . K A M PI 9-- I r k P 4 A Fiov L-t 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local km use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. Is the proposed oject consi with the applicable zoning? VYes o (Attach zoning compliance cernficat f applicable) j. Has a professional archaeological asses�xfent been done for the tract? Yes t/ No If yes, by whom? k. Is the project located, in a National Registered Historic District or does it involve. a National Rep' ter listed or eligible property? V Yes No 5f4zz-.e 14tsTov ,c S I t� r 1. Are there wetlands on the site? Yes ✓ No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) De-A AI/QC 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 71.02013 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 mpl mac L-- W-Clo'a k- Address Zip'- S. M+lm S i Phone I y '7 0 0 0 Name AIs S'M 1 7'11 Address -s i 9- S• M T '&arrN �Jc- PEE b Phone 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. • 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 03/95 6. CERTIFICATION AND PERMISSION 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 1 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 /0 day of JpP-) I , 19 q 7 Print Name ni A l � A, 0, C, Sigi re 2uthorized Landowner Agent Please indicate att project. DCM MP -2 DCM MP -3 DCM MP-4 DCM MP -5 DCM MP-6 achments pertaining to your proposed Excavation and Fill Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCM -MP -2 EXCAVA'tiON 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. Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) N114 Canal M/,F Boat basin Boat ramp ^J/µ Rock groin Rock breakwater Nl Other (Excluding All,} shoreline stabilization) Revised 03/95 1. ERCAVATION iyl 4. a. Amount of material to be excavated from below MHW or NWL in cubic yards t-) /A b. Type of material to be excavated '-J/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? 1% Yes 11/n" No d. Highground excavation in cubic yards A)IA 2. DISPOSAL OF EXCA ATED MATERIAL a. Location of disposal area /J�I4 b. Dimensions of disposal area 'Ai/ft- c. Do you claim title t disposal area? P/61 Yes "/'I+ 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? Form DCM -MP -2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? 4 Yes a LNo f. Does the disposal 1� clude any area in the water? Yes /4- No 3. SHORELINE STABILIZATION a. Type f shoreline stabilization Bulkhead Riprap b. Length 7, Fee c. Average distance waterward of MHW or NWL �/ fEFT d. Maximum distance waterward of MHW or NWL IK e. Shoreline erosion during preceding 12 months (SourQ (Source �ofinjormarion) f. Type of bulkhead or,n�,rap material .1 - ( L g. Amount of fill in cubic yards to be placed below water level � A (1) Riprap (2) Bulkhead backfill, 10 •`! Go �d h. Type of fill material i. Source of fill material S Ahd C U piAh J 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will w ,fi ,ll material b brought to site? / Yes _L/ _< No Revised 03/95 If yes, A�,r (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? /r+ Yes "J/P.— No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? CAJ �sivet,GRA -de F deed b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ,e P& a. ryl Han►�i T'•a� c. Will wetlands be crDssed in transporting equipment to project site? Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. T4 L K4 M/a ROB✓ Applicant or Proj Name Signature -n ,� 11 / 1 u a � ` i 11 \ It Catn�P It `f •j• ♦ . d VI \\ ` - o O �t)ry i Itt _ + -reek k � v fla'am Creek �'za'• ...i�'..�. 'Al atn 1 , gip\ \Ing -- .1116 7- Bayaiae p \in6� ➢ Q . gCh CL 'Plum pt .Gut \\eo r r . F� n � q� C, of L i i - +1 So U' b64 Ena en ,T�te90 , a08 to 'V'40 ei v1a't 1 9 es 99 eel Veep' Van House palmNou e sh i gtate DO& L i0 0 ,uZ wee y1�le Ma5Mn9to `\ t1� 92 1 i itor Alit act ons iTv STREEj 10 1 Shoroas rn r St Church M t� House .1 SIP �!r �1 o� q� TYP.) • ' Q1t,IN�S� '�bAT , � N p�I s C-, t Z' � 2d � 1��+LK.HFAU �[ � E•,ttSY►N6 . 1 t M$ L ' RSY _ '115 MSc �R► ►Z�v ► ' __�L F w i? N �pRppERTY J K,OM1'�'RD`N � °` 2,1� S• M MN .�'i �TR�T SNDP J I Date : 4134 9 Drawn y� �A,�KARI� f Date• B Da �Ro�s Reviewed. BY Scale• p'R,c�V�i Approved $Y 'P�oar�Y �u�KHEA"D V1�W �Ptp►N .SSE �Y �. a � 2 1 i s 8' 0" MA-4. A!()" AU3. f AREA 7b 3l� BA04MLE -D E- MSTIM6 CoNGRE"fE 1�UUC -NEA'D / ✓� `— C Aa LE 00. 1Z0� �EAtiMAN TiEi3ACIL CROSS SECTION VIEW 'N _ r A` Drawn By: I . ?A A,KA R p C -I I Reviewed By: `Ty P 1 C A L) Approved Byl:�V— Aps%& SALT TREATED WOOD SUMA6 RD Wal RLI NE Opt 2� Date: 3 o Date: Date: Scala: 1�4 s�FET 2 bF 2 H