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
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P O;iECT DESCRIPTION,
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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?
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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?
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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
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