HomeMy WebLinkAbout19980781 Ver 1_COMPLETE FILE_19980113State 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
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 2, 1998
Craven County
WQC 401 Project # 980781
APPROVAL of 401 Water Quality Certification
Mr. Philip Wynn
327 Blue Goose Lane
Newport, NC 28570
Dear Mr. Wynn:
You have our approval, in accordance with the attached conditions, to place fill material in 0.04 acres of wetlands or
waters for the purpose of stabilizing a shoreline, as you described in your application dated August 13, 1998. 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 for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. 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.
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
Sin ly,
re on Ho Jr. P.
980781.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786
FAX 919-733-9959
An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper
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Photo Index - 1995: 66-736 (indexed by L-8) 1989: 3 135 5 (indexed by S-21)
State Plane Coordinates - X: 2,669,400 Y: 427,000 Cherry Point Quad "LR"
DIVISION OF COASTAL MANAGEMENT,
FIELD INVESTIGATION REPORT I
LIU
APPLICANT'S NAME: Phillip V. Wynn
r ?
LOCATION OF PROJECT SITE: Craven County, near the Community oft Bin
Moorings Subdivision, on Clubfoot Creek
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 21, 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - June 3, 1998
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Craven County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Individual septic system
(F) Type of Structures: Existing - None
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: 8'
Source - Applicant and verification during site visit
7. HABITAT DESCRIPTION:
9gossf
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
404 wetlands 1,570 ftz
(B) Non-Vegetated Wetlands
PT, EW of Clubfoot Creek 190 ft2 __
(C) Other T
ES high round 2,730 ft2
(D) Total Area Disturbed: 4,490 fe
(E) Primary Nursery Area: No - Secondary Nursery Area
(F) Water Classification: SA NSW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 148' of bulkhead including the filling of
1,570 ft2 of 404 jurisdictional wetlands.
A
FIELD INVESTIGATION REPORT:
PHILLIP V. WYNN/CRAVEN COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Description
The applicant owns lot #9 in The Moorings Subdivision, near the Blades Community, off
SR 1713, on the western side of Clubfoot Creek, in Craven County. The 1.13-acre lot is
characterized by old farm field adjacent to the new subdivision road and a 250' forested buffer
adjacent to Clubfoot Creek. The shoreline is eroding with a pocket of high marsh/coastal
wetlands located along the southern property line (additional marsh. has eroded away). A 5' to
20' fringe of 404 jurisdictional wetland is also located along the shoreline behind the remaining
marsh. The shoreline including the 404 wetlands appears to have been impacted by the storms
of 1996. And based on the applicant, the erosion rate over the past few years is averaging
8' /year. Based on the fallen trees and exposed roots along the shoreline, such a rate is likely,
especially since a northeast wind blows directly onto the applicant's property. A severe
erosion escarpment is evident along the northern end of his property. The Moorings is a new
50-lot subdivision with only one house under construction. Individual piers dot the shoreline
within the subdivision and a 22-slip residential marina is located immediately downstream on
lots 2, 3, 4 and 5. Clubfoot Creek is a Secondary Nursery Area, the waters are classified SA
NSW but the creek is closed to shellfishing.
Project Description
The applicant proposes to stabilize an eroding shoreline by installing a 148' of vinyl
plastic bulkhead along the erosion escarpment at the northen end of his property and behind
Coastal Wetlands at the southern end of his property. The alignment would extend a maximum
of 5' from the NWL along one 30'-wide erosion pocket and 2' waterward of the NWL along
two smaller 10'-wide erosion pockets. The remaining bulkhead would either be at the NWL or
behind the Coastal Wetlands. A 10' long wingwall would be installed along the northen
property boundary while a 55' return would be installed along the southern property boundary.
The height of the wall would be 3' at the NWL, 1.5' in height along the northern boundary and
2' in height along the southern boundary. The applicant proposes to fill the 404 wetland
fringe. The area behind the bulkhead would be filled and graded back to the high ground. The
applicant has modified the project in an attempt to reduce impact to the neighboring lots.
Anticipated Impacts
Installation of the 148' of bulkhead along the erosion pockets would displace
approximately 190 fe of Public Trust Waters/Estuarine Waters of Clubfoot Creek. The
backfilling of the structure would impact approximately 1,570 fe of jurisdictional 404
wetlands. The backfilling would also disturb approximately 2,730 fe of high ground. Given
the configuration of the shoreline and the location of the northen end of the bulkhead, it could
offer some protection to the remaining Coastal Wetlands from the prevailing northeast winds.
M. Ted Tyndall - Morehead City Office - July 22, 1998
Form I)CM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Cub Fool CRCtK ?- /3/AIt iorer"mw,34
a. Landowner:
Name _ P11,1ZLIP V &N11Nr'i1
Address 3-27 Ewer Gaosc 1,Awtm;-
City NcwPo (2i State luc-
Zip 28 70 Day Phone(&2)213- -7 7C, -
2-Fax (910 3'1G - 36 G
b. Authorized Agent: AJ114
Name
Address
City
State
Zip Day Phone
Fax
c. Project name (if any)
NOM Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County CRRUt=4V
c. Street address or secondary road number
52 17/3
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)CC it Pa- r-96EK
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.
?QoPoSE To 13KtL), R &LKF+tWt
b. Is the proposed activity maintenance of an existing
project, new work, or both? NEW W oi2K
c. Will the project be for public, private or commercial
use? ZQ 1 Ykl-'
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. 7- &57-oRr "b STABIUZA:F'
rBe' 51464tuw,c . Tfler &#-M A &utu. Rz' 7ZAr(3
1114H ALo N& TNr WA7i-ZS Chitr AAa
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TCRivas , ticC. D 2T arur 6r kAdet N
&LEV wow vF Tif6;- LAND- IT *14 mote
WILL 3'?=' aseb 7b INS'rA-7'#L
P9. 1
Revised 0319r
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Z I3 ACRES
b. Size of individual lot(s) _/. /.3 4CAe
c. Approximate elevation of tract above MHW or
NWL % Fee r
d. Soil type(s) and texture(s) of tract
AcrA risrA So1L (Rlj
e. Vegetation on tract _ LINES, HARb wooDS . Sotn?
qo 4 AA b GoAS T/1(- V4iG 6'TA T/o?V
f. Man-made features now on tract No tut
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local Land use plan.)
_ Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
JVoNL-,:-
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning coMliance certificate, if applicable)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes L No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes __&_ No .
1. Are there wetlands on the site? _X Yes No
Coastal (marsh) X Other qo4 wercoaub
If yes, has a delineation been conducted? cS
(Anaeh documentation, if available)
m. Describe existing wastewater treatment facilities.
1N'biytN4AL SCMc_ s ? !M*?"
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.) Pomic
o. Describe existing drinking water supply source.
/NDtutbst tL u+e3LlS w/77i Am 098
CRAur3u coc4N r4 u,?7r?r JA)S7A(LA770^)
lwna .
5. ADDITIONAL INFORMATION
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.0203 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
oN SANkAtey ZIl t'198, CAttg FIELD J?ef0e-.$ 7-,477VC- j=--b 7?,VW.L 4,Ub Cop^ o1c 6XCE1Ut2W%(C0c
QIR AL47vvt? ()RoAer_T- MWACQt 9ALE/6/f Mlisvl t urdbucreb F}N oN 5tri: /?u0r A//Lt ?j7°n1
'
(Ieit Qj• T-H,-- 4o q. L erLtfi t-Ar war j"LAG6 et t1710 ^OMVve^j? a9 COO / N J 9 9 6 . Tfh
CurTLANLbS W69-ems' c.64F10Meb 123 /17R. 13LAVq L)a#4u` a/772?' /06ET/M:
I?
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 hA& (ASA
Address / 8 St µ /HISSiorJ yicL l.,,qN&'
Phone PoXTA Roo i-. 6604-2--
Oro e 583- 99co
Name bmj71 cUzNa t
Address./OX/51 Towc?z Wly- cowe l-
Phone ELL I Co a Ma 24 o 1-
( 910) 750 - 79
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.
/V0NtC
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the V4 4 day of u ,r , 197$.
Print Name PH /LEI P IY W M P J4
Signature
Zmtdowner r Authorized gent
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.
el-.?
,o ...:....v m me
,
Form DCM-,MT2
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 rest.
1. EXCAVATION ?U l
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
Average Final
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL N J)?-
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes 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?
pg. q
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
66 F?='i~T AtOn?C wA-/--R's t'-b 6L j
b. Length -213 56-7--- oven Ai-L c.e•,ucT1t or
c. Average distance waterward of MHW or NWL .
AvacACr .2 FL-er /00 7 fu0thr THAN 5 Ff'V-7?
d. Maximum distance waterward of MHW or NWL
5 Ft?F 7-
e. Shoreline erosion during preceding 12 months
S r??T
(Source of information)St42Vg% (elf}% MHw L)Nc=
to 4b, I 1 %
f. Type of bulkhead or riprap material Ep?
GAtas c Yr N H L PLAS-17L
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 10 Cyaic. ct "M
h. Type of fill material b/ R i
i. Source of fill material oN SITZ:r f9AkD
CONTRACTED bozr
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
_K Yes No
Revised 03/95
If yes,
(1) Amount of material to be placed in the
water /35- sg FT.
(2) Dimensions of fill area SFEr- X ZyFrEr
(3) Purpose of fill SHoac Urot 5-rA6Jt-1Vvo,-1
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
_ Yes No4 n Wt-T LAA)as)
If yes,
(1) Dimensions of fill area _4 76 O Sg Fr-
.5 E>= PLAT 2 or S
(2) Purpose of fill _J--XF/LL of &J44,9egD
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? CoA3yVite-7or) o N
&LgHrAjb u,tl.L &,c e-OMIO.CT-h loll
rc 2>EUyra94 oG F/LL Agre AL-
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
?fkk f/o
c. Will wetlands be crassed in transporting equipment
to project site? Yes K No
If yes, explain steps that will be taken to lessen
environmental impacts.
'NILL110 V W 4"'o
A p 'cant or Project N
rw
signet
Date
P5 , S
Form DCM-MP-3
UPLAND
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 / 64yt Ng AD
b. Number of lots or parcels
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 _ C No
If yes, date submitted
i. Describe proposed method of sewage disposal.
oiJ S/ = CRAU00 e.ou.nt &-A L74
AnT n /- tp-j s' 3s'
j. Have the facilities described in Item i. above
c. Density (givp the number of residential units and the received state or local approval? LA S
units per acre) (Attach appropriate documentation)
k. Describe location and type of proposed discharges to
Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. 13o 09 FT sanitary wastewater, industrial/commercial effluent,
Sty 61LA7" 3 OF Y_ "wash down" and residential discharges).
Noocr
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 )e No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
N o iut:57'
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. Natit_
Revised 03/95
Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
CR A u0-i a 0(A iu cu 4 7--tat 5 L,.(
in. Will water be impounded?
If yes, how many acres? _
Yes _X_ No
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? NA-
?'N?c?,P
App 'cant or Project Name
3 r
Signature
5uxt? 2, /99R
Date
?J- (,D
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REPLY TO
- ATTENTION OF
Regulatory Division
Action ID No. 199811808
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 Phillip V. Wynn for Department of the Army (DA)
authorization and a State Water Quality Certification to construct a bulkhead and place fill
material within wetlands, on property located off State Road 1713, adjacent to Clubfoot Creek,
in the Moorings Subdivision, near the Community of Blades, in Craven 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 September 28, 1998, the District
Engineer will deem that waiver has occurred.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 28, 1998
50"
D
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, Regulatory Division, telephone (252) 975-1616, extension 23.
Sincerely,
"4AA
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