HomeMy WebLinkAbout19990875 Ver 1_COMPLETE FILE_19990803State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
A 0 D E N R
September 30, 1999
DWQ# 99-0875
Pasquotank County
Julian and Betsey Selig
1210 Riverside Avenue
Elizabeth City, NC, 27909
APPROVAL of 401 Water Quality Certification
Dear Mr. And Ms. Selig
You have our approval, in accordance with the attached conditions, to repair and stabilize two
existing wood bulkheads with rip-rap along the Pasquotank River as you described in your application
received by the NC Division of Coastal Management on June 28, 1999. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 3112. This
Certification allows to use your CAMA Permit when the NC Division of Coastal Management issues it.
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 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 919-733-9646.
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
U - .
Sincerely,
Z,? Kerr T. Stevens
C?
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Doug Huggett, DCM
Mr. John Dorney
Don Bunch, P.O. Box 391, Elizabeth City, NC, 27909
Central Files
990875
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25?,ar.46
July 23, 1999
TO: John R. Dorney, Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Julian and Betsey Selig
Project Location: 1210 Riverside Avenue, Elizabeth City in Pasquotank County. adjacent the
Pasquotank River
Proposed Project: To place riprap in front of an existing bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 13, 1999. If you have any questions regarding the proposed project, please
contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
North Carolina Department of Environment and Natural Resources James B. Hunt jr., Governor • Wayne McDevitt, Secretary
Division of Coastal Management Donna D. Moffitt, Director
Elizabeth City Office • 1367 US 17 South • Elizabeth City, NC 27909 . Phone 252-264-3901
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Julian and Betsey Selig
2. LOCATION OF PROJECT SITE: 1210 Riverside Ave., Elizabeth City, Pasquotank River
Photo Index - 1995: 167-1714, H-19 1989:127-11, 0-22
State Plane Coordinates, X: 2823200 Y: 937400
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 1, 1999
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - June 28, 1999
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Elizabeth City
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Waters, Estuarine Shoreline
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Residence is served with central sewer
Planned - none
(F) Type of Structures: Existing - A residential structure situated along a bulkheaded shoreline.
Planned - The placement of granite rip rap waterward of the existing
bulkhead.
(G) Estimated Annual Rate of Erosion: None at this time. The existing bulkhead is still intact,
however some sheathing and tieback structures need
replacement.
Source - Applicant
7. HABITAT DESCRIPTION:
[AREA]
F.XCAVATFD FIT I .FT) (ITNFR
(A) Vegetated Wetlands
(B) Public Trust Area / 3,780 sf. (0.087 A.)
Estuarine Waters
(C) Upland 8,400 sf. (0.193 A.)
(backfill area)
(D) Total Area Disturbed: 12,180 sf. (0.28 A.)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open - Closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the placement of rock rip rap in front of an existing
bulkhead located along the Pasquotank River in Elizabeth City.
Julian and Betsey Selig, Elizabeth City
Bio Report,
Page 2
Site Description
The site involves an existing bulkheaded shoreline along the Pasquotank River, downstream
from the Elizabeth City-Camden Causeway Bridge, in a residential section of Elizabeth City.
This proposal concerns a single family residence owned by Julian and Betsey Selig.
The "Selig" shoreline includes some 100 feet along an adjacent basin/canal as well as about
260 feet along the Pasquotank River. The shoreline is currently stabilized with a wood
bulkhead which is in need of tieback repair and sheathing replacement. A staggered row of
remnant piles exist 1-2 feet waterward of the existing bulkhead wall along the River front
sections. A 50 foot long boardwalk straddles a portion of the canal shoreline. Water depths at
the bulkhead wall range between 3 ft. and 6 ft. below the NWL Both adjacent property
shorelines are currently stabilized with bulkhead.
The elevation of the yard within the tieback area is close to the normal water level and appears
to have a tendency to flood during high water level events. The yard is landscaped in lawn and
ornamental vegetation under a canopy predominately of bald cypress with some loblolly pine.
The waters of this segment of the Pasquotank River are classified as Joint Waters by the
North Carolina Marine Fisheries and Wildlife Resources Commissions. These waters of the
Pasquotank River are not open to any shellfish harvests. Although submerged aquatic
vegetation (SAV) are present in many areas of the Pasquotank River, there did not appear to
be any significant SAV patches in the vicinity of this proposal. Upstream sections of the river
are noted as spawning areas for anadromous fish species.
Project Proposal
The proposed work will include stabilizing the above described shoreline in such a way as to
allow the existing bulkhead to remain intact. The upper portion of the existing bulkhead will
be removed to allow for the placement of rip rap material both landward and waterward of the
NWL. This methodology will also allow the existing row of remnant piles to remain in place.
Work will require the removal of the existing walkway located along the canal shoreline.
Work will be conducted from off-shore by barge to minimize disturbance to the shoreline and
the existing bulkhead structure. This project involves the placement of rock rip rap at a 1.5 to
1 slope in front of the existing bulkhead. The structure slope will extend waterward of the
existing bulkhead between 6 and 12 feet.
Anticipated Impacts
The proposed shoreline stabilization will result in the filling of approximately 3,780 sf. of
Estuarine Waters and Public Trust Area within the Pasquotank River. The shoreline
stabilization will require the placement of approximately 300 cy. of rock below the NWL. A
temporary increase in turbidity will be experienced during the placement of stabilization rock
along the shoreline. The proposed work should not interfere with navigation and will not
adversely impact any wetlands.
Submitted By: Dennis W. Hawthorn
Date: July 14, 1999
Form DCM-MP-1
''APPLICATION
(To be completed by all applicants)
i
1. APPLICANT
a. Landowner:
Name 3u1 inn & 1-iPtca3,z Sal i g
Address 1210 Riverside Avenue
City Elizabeth City State NC
Zip 27gnQ Day Phone ?ri7_???i_7F,11
Fax
b. Authorized Agent:
Name Don _A. Bunch
McDowell & Associates, P.A.
Address P_ 0_ p n x ? Q 1
City Elizabeth. Citv State NC
Zip 27gQ9 Day Phone 9r; 9-R-41A1
Fax 252-335-9585
c. Project name (if any) P r n?a n c a d F i i 1 kh g a d
Repairs to "Selia Property"
NOM Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Pasquotank
Revised 03195
b. City, town, community or landmark
F.1 i 7, arQt-.h (Ii ty
c. Street address or secondary road number
1210 Riverside Avenue
d. Is proposed work within city limits or planning
jurisdiction? x_x Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) D s e t n 3= p} v e r
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.
Rel2ai Pxistin;, woo' hull hraad
with new rip-ran to stabilize
existing bulkhead.
b. Is the proposed activity maintenance of an existing
project, new work, or both? rPn a i r n f
existing
c. Will the project be for public, private or commercial
use? private
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.
Pzol ns,d rip-rah to hP hroua7it:
to site on barge, and placed
per typical x-sections.
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 420+ Tj' gf ° p i
b. Size of individual lot(s) n Z a
c. Approximate elevation of tract above MHW or NWL
2 - 5 feet
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract yard (g r a ,;s;)
f. Man-made features now on tract R e s i d e n r e -
House, etc. 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land classification In addition to the completed application form the following
of the site? (consult the local land use plan.) items must be submitted: ' WiIIg
Conservation Transitional
•
Developed Community
Rural -r Other (r e s i dle n t i a 1)
h. How is the tract zoned by local government?
Resi dent.i a 1 RR
m. -Describe existing wastewater treatment facilities.
ei ter of R1 i ?ahof l? ri+v
Sewacze TrPafi:mPni- Pi ant.
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.)
SurfarP riin-nff from Nr;;rr'
o. Describe existing drinking water supply source.
City of Elizabeth City
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.
i. Is the proposed project consistent with the applicable
zoning? ;kx Yes No
(Attach zoning compliance certificate, if applicable)
j•
Has a professional
done for the tract?
If yes, by whom? _
archaeological assessment been
Yes xxt No
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property?
Yes xxx No
1. Are there wetlands on the site? Yes xx No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
Revised 03/95
• 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
site. Include highway or secondary road (SR) numbers, j
Form DCM-MP-1
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
Address
Phone
William M. Russell, M.D.
1202 Riverside Avenue
252-335-1906
Name
Address
Phone
Name AiverWind Health Club
Address P . 0. Pox 1777
Phone 252-338-0721
• 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.
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 day of ?UrLe., 19_9?.'
Print Name / &J 1.4 S
Signature
r or Authorized Ag
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
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.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL `
f
(Except bridges and culverts
"Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1.. _ Be sure to complete.all 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed project.
_ a. Amount of material to be excavated from below
Describe below the purpose of proposed excavation or MHW or NWL in cubic yards n/a
fill activities. All values to be given in feet.
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)
Revised 03/95
b. Type of material to be excavated
n/a
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
n/a
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
MI/ a
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?
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
Bulkheadxx -Riprap (waterward of
existing bulkhead)
b. Length 2 0 +
c. Average distance waterward of MHW or NWL
4- F °P 4-
q (-P 'gym C
d. Maximum distance waterward of MHW or NWL
12 Foot-
e. Shoreline erosion during preceding 12 months
(Source of iniormarion)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap =c"C' /
(2) Bulkhead backfil
h. Type of fill material
nr e X411 - I I i- r L= r3
i. Source of fill material N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
Rpvicea 01194
If Yes,
(1) Amount of material to be-placed in-the
water
(2) Dimensions of fill Irea
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes . 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?
chorAiinP atari1ination
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
('=--no nrPrai- i n -r Frnm }'?ar,-Tm
c. Will wetlands be crzssed in transporting equipment
to project site? Yes v?YNo
If yes, explain steps that will be taken to lessen
environmental impacts.
Appli
7 r Pty'ect •-
p? `q?
signat /?/
Date 6/22/99
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PROPOSED BULKHEAD REPAIRS TO DATE: 06-25-99 McDOWELL & ASSOCIATES, P.A.
PROJ: E1560 ENGINEERS • SURVEYORS
"SELI G PROPERTY" DWN: DAB
CKD: 1!'1PI,L P. 0. BOX 391
ON RIVERSIDE AVE. 1715 WEEKSVILLE RD.
ELIZABETH CITY, NORTH CAROLINA SCALE: 1" - 30' ELIZABETH CITY, NORTH CAROLINA
SHEET: 1 OF 2 (919)338-4161
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PROPOSED BULKHEAD REPAIRS TO
"SELI G PROPERTY"
ON RIVERSIDE AVE.
ELIZABETH CITY, NORTH CAROLINA
DATE: 06-25-99
PROJ: E1560
DWN: DAB
CKD: WPM
SCALE: 1" n 30'
SHEET: 2 OF 2
McDOWELL & ASSOCIATES, P.A.
ENGINEERS • SURVEYORS
P. 0. BOX 391
1715 WEEKSVILLE RD.
ELIZABETH CITY, NORTH CAROLINA
(919)338-4161
... .
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF July 29, 1999
Regulatory Division
Action ID No. 199911286
Mr. John Dorsey
Division of Environmental Mar
North Carolina Department of I
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorsey:
Please reference the application of Julian and Betsey Selig for Department of the Army (DA)
authorization and a State Water Quality Certification to repair an existing bulkhead and place
rock riprap material waterward of the bulkhead alignment, on property located at 1210 Riverside
Avenue, adjacent to the Pasquotank River, in Elizabeth City, Pasquotank 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 29, 1999, the District
Engineer will deem that waiver has occurred.
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, Regulatory Division, telephone (252) 975-1616, extension 23.
Sincerely,
PA?4 &4
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687