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HomeMy WebLinkAbout19970552 Ver 1_Complete File_19970722State of North Carolina Department of Environment, LTW*WA Health and Natural Resources / • • Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [D E N F1 A. Preston Howard, Jr., P.E., Director July 22, 1997 Beaufort County WQC 401 Project #970552 APPROVAL of 401 Water Quality Certification Mr. John Smith 5400 North High Street Columbus, OH 43214 Dear Mr. Smith: You have our approval, in accordance with the attached conditions, to place fill material in 0.11 acres of wetlands or waters for the purpose of constructing a bulkhead off of SR 1722 on the Pungo River, as you described in your application dated 24 June 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. Sincerely, sto n Hbw 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 Hood Richardson John Parker, DCM 970552.Itr 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 /100/6 post consumer paper Z %`• DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 REPLY TO June 25, 1997 ATTENTION OF Regulatory Branch Action ID No. 199705826 John L. Smith 5400 North High Street Columbus, Ohio 43214 Dear Mr. Smith: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received June 18, 1997, for Department of the Army (DA) authorization to construct a bulkhead, on property located off State Road 1722, adjacent the Pungo River, at Woodstock Point, Beaufort County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State - Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmati n should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199705826 and will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office. Mr. Bland is available at telephone (919) 975 -1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager C Copies Furnished (without enclosure): 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 John Dorney ater Quality Section ivision of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands, Oceans, and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 -2- RECEIVED i u L G t 1997. ENVIRONMENTAL SCIENCES I -3- Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Mr. Hood Richardson 110 West Second Street Washington, North Carolina 27889 gm om f Fax:9199753716 Jul 15 '97 15:10 P.05/08 T61 JA6 Do.rney -Planriins Branch DIVISIOR,01f MOVIROW4WTAL, M"Ar-KKWr CAMAS= PimmiT AppmrmoN Rxvro WQ SUPEMSOR: -nwmy, PRCL�=' . DATItz FMOTION FOR CXWn* T"CUM MICK C 0 Um: 94 PROM No.: GT Typx.--` PlFaUT TYPE: A" DOT #: RGD- -YAM CDA.- DCH DATE FROM CDA z oo*,( K, wako RIVR AND SUB WIN #:—T '�kt-'RKAK, OR ADJACERT WATER BODY - G w STRW 1 6": EwEx f :OPEN- O-R WL TYPE: low. I&AMT.M); WL ACR EST .1FYDRD',C:k=?r WL SCORR: KITIEGATION TM WTIGAtION Slus MIW SERT ATTACHM , , : I... I I)MY HOLD VOMATI011: _I*Ul MCQ __-) ISSUE/GM -.STORMWATER PLAN REQ1D- IONI IF YgS, DATE APPROVED: VAT ER: QPjv=- 6-RRT.-. R Q t D - y it YES, TYPE: DISPOSAL PROPOSED: (EXISTING, PROPOSED, SEPTIC TANK FTC.) TO BE PERMITTED By! (DEN. DHS, COUNTY) DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: BTU AREA OF FILL: 'WATER: L'/ I .' t IS FILL ELIMINATING A SIGNIFICANT USE? 'A TO BE DUMED" IS MEWING ACTIVITY EXPECTED TO CAUSE A*SIGNIFICANT LOSS OF RESOURCE7 15 SPOIL DISPOSAL ADEQUATELY ADDRESSED? ARK THE 'Fou,OWING ADEQUATELY ADDRESSED? A.) MARINA SERVICES; OXYGEN IN BASIN: SEWAGE DISPOSAL: CLOSURE QV . , SHELLFISHtNG WATERS! I q CC. waRo; central riles; DC14 Field Offices; cx)E w4sh'T1cJ-Lon off4n" DEFNR 4. gm om f Fax:9199753716 Jul 15 '97 15:10 P.05/08 T61 JA6 Do.rney -Planriins Branch DIVISIOR,01f MOVIROW4WTAL, M"Ar-KKWr CAMAS= PimmiT AppmrmoN Rxvro WQ SUPEMSOR: -nwmy, PRCL�=' . DATItz FMOTION FOR CXWn* T"CUM MICK C 0 Um: 94 PROM No.: GT Typx.--` PlFaUT TYPE: A" DOT #: RGD- -YAM CDA.- DCH DATE FROM CDA z oo*,( K, wako RIVR AND SUB WIN #:—T '�kt-'RKAK, OR ADJACERT WATER BODY - G w STRW 1 6": EwEx f :OPEN- O-R WL TYPE: low. I&AMT.M); WL ACR EST .1FYDRD',C:k=?r WL SCORR: KITIEGATION TM WTIGAtION Slus MIW SERT ATTACHM , , : I... I I)MY HOLD VOMATI011: _I*Ul MCQ __-) ISSUE/GM -.STORMWATER PLAN REQ1D- IONI IF YgS, DATE APPROVED: VAT ER: QPjv=- 6-RRT.-. R Q t D - y it YES, TYPE: DISPOSAL PROPOSED: (EXISTING, PROPOSED, SEPTIC TANK FTC.) TO BE PERMITTED By! (DEN. DHS, COUNTY) DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: BTU AREA OF FILL: 'WATER: L'/ I .' t IS FILL ELIMINATING A SIGNIFICANT USE? 'A TO BE DUMED" IS MEWING ACTIVITY EXPECTED TO CAUSE A*SIGNIFICANT LOSS OF RESOURCE7 15 SPOIL DISPOSAL ADEQUATELY ADDRESSED? ARK THE 'Fou,OWING ADEQUATELY ADDRESSED? A.) MARINA SERVICES; OXYGEN IN BASIN: SEWAGE DISPOSAL: CLOSURE QV . , SHELLFISHtNG WATERS! I q CC. waRo; central riles; DC14 Field Offices; cx)E w4sh'T1cJ-Lon off4n" DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John L. Smith 970552 2. LOCATION OF PROJECT SITE: Beaufort County, off SR 1722 at Woodstock Point adjacent the Pungo River Photo Index - 1995: 108 -1145, U17 1989: 284 -1, F18 1984: 78 -1013, E17 State Plane Coordinates - X: 2,714,000 Y: 638,600 Pamlico Beach UL 3. INVESTIGATION TYPE: CAMA /Dredge and Fill (A) Vegetated Wetlands (B) Non - Vegetated Wetlands (C) Other Open Water ±4,945 sq. ft. (D) Total Area Disturbed: ±4,945 sq. ft. or 0.11 acres (E) Primary Nursery Area: No (F) Water Classification: SB -NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to bulkhead 2,035 feet of shoreline to retard ongoing erosion. 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 28 May 1997 F v�ik FO Was Applicant Present - Yes, agent o � 5. PROCESSING PROCEDURE: Application Received - 9 June 1997 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation, Community (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Shoreline protection (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Riprap in one location Planned - Bulkhead (G) Estimated Annual Rate of Erosion: Approximately 20 feet in 1996 Source - Documented by surveyor Hood Richardson - caused by Hurricane Fran and Bertha 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non - Vegetated Wetlands (C) Other Open Water ±4,945 sq. ft. (D) Total Area Disturbed: ±4,945 sq. ft. or 0.11 acres (E) Primary Nursery Area: No (F) Water Classification: SB -NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to bulkhead 2,035 feet of shoreline to retard ongoing erosion. Form DCM -MP -1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name John L. Smith Address 5400 North High Street City Columbus Zip 43214 Fax N/A b. Authorized Agent: State Ohio Day Phone 614- 885 -9226 Name Hood Richardson, PA Address 110 West Second Street City Washington, State NC Zip 27889 Day Phone _919- 975 -3472 Fax 919 - 975 -3751 c. Project name (if any) Woodstock Point. please issue perm f in the name of the land owner. NOTE. Permit will be issued in name of kmdowner(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT a. County Beaufort Revised 03/95 b. City, town, community or landmark on west side of Pungo River. east of,`Pungo Shores Subdivision, Woodstock Point c. Street address or secondary road number .7A /)I- ZL d. Is proposed work within city limits or planning jurisdiction? Yes -_ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pungo River 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. Build 2,035 feet of bulkhead to stop high rate of erosion. 1996 hurricanes eroded land area. Install / betties. b. Is the proposed activity maintenance of an existing project, new work, or both? new work. c. Will the project be for public, private or commercial use? D,- ; ern+ 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. wash or drive wood pilings into ground, set dead man pilings, install sheeting and geo fabric, back till with cti.rt. If plastic bulkhead is used drive or vibrate in sheets, install dead men and back fill. Install a cap which may be wood or concrete. 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 Mary Lou Dodd Address 102 Solara Drive Phone Goldsboro, NC 27534 Name Wanda Benson Cutler Address Route 1, Box 579 Phone Belhaven, NC 27810 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. None. • 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 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 day of 19,z. Print Name ")X e Signature weer or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP -2 Excavation and Fill Information X DCM MP -3 Upland Development X 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. Form DCM -MP-2 EXCAVATION 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. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock - groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Average Final Existing Project Length Width Depth Depth NO 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards None. b. Type of material to be excavated None . c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards None . NONE 2. DISPOSAL OF EXCAVATED MATERIAL NONE. NO] FE . 7 Groin NO 25 ftJ5 ft. NONE. a. Location of disposal area None. b. Dimensions of disposal area None. c. Do you claim title to disposal area? Yes No N/A If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No NOLE . If yes, where? N/A Form DCM -MP -3 UPLAND NO UPLAND DEVELOPMENT IS PROPOSED AT THIS TIME. DEVELOPMENT (Construction and /or land disturbing activities) 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. a. Type and number of buildings, facilities, units or structures proposed b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 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 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and /or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. Revised 03/95 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. Describe proposed method of sewage disposal. j. Have the facilities described in Item i. above received state or local approval? (Attach appropriate 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, community, public system, etc.) m. Will water be impounded? Yes No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? Applicant or Project Name // T_ Signatu Date