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