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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 f cnnnA 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 m m to c rn A;i CD WILLIAM M. RUSSELL ° W M cl -.4 p m O Q DS 522 P 667 m g 0 ADDRESS: 1202 RIVERSIDE AVE. ;a 0 6 C1i m? ? ?v oc Z fl, Jr,- oo m x 0 m O ` O DO T n?4 00 I .,. `??... .. .... ` .......... ..... ' av?- -• / VJ Az; DECJ< °. x / rvl Ci _-S o W (n " to ° m ?. r m I T UI pp Z x cu r N cn V I ? °ml(f)i I.?y -0 m ?V N N (n Q u l a OD m r\vV I (? t_ A ° D o`1 W m ?•, Z O Z D ? ^phpN i ? I I D 2y 1 - `. 01 OCR I ?0 I T'i m /' rn G m DD x m _`?? to n cy vo ,?? N`? rn I ?pOZ / `??"? N f O) m m rZn n D u PASQUOTANK /RIVER m X -I d 0 I g FN v N r m 0 ao?o ° N m0 o f vm m ?? H g o N cn I o m ;u M y z Z Du)1 0-u o ;u Lo ° D Zm u ? ? o? z N ;u -{ m m D D Lt) J D 1000 2DD DDy C X A AAOM mzo A v C? SAO p N A W ?e R1 ? ? m O? ci P•• J` i R' = N O O rn ° O RALEICN D D oo-gi 0:j sr. C) - ri X>(A OMiA I mul -X O N '4 Z = y 6 > Y > z y ?r?rrrrr??t? 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 o?? i® iiU1 c.UDO* W ?`-' 10 O I zv) O as ;u 0 mZ?Z :00 ; I I 11?- mi ?Z7-I c: ?v00 7?0 ® to rn ?' 1 11 0 ?_0 OrVmO m°r5+ A ! Z 1 mZ 'DO (?i mC o :? ?: Ig x (1). tr .- m a 'o Z ....o.. , A... ; M I . = DDO ? ^rtlM `13 w D >{ ? O c m r OND III ?% /. ' 1 80 ri S ° m P EXIS ?< rn :PILING, S ' m 0 7- o ?, ^ D v ? CJ Z f.l ? 1 m .? m l \'I 6 f -Do D ?O1 \/1 ?m? D o• r) <?I 7 I°F1? m m? r rn t 0 h ?? k D ?,^ 'D v T = D O O m m y51 DOk D N ai J ?' i •?D v 'n ou ZA I I AZt -0 C rj ? Imo- I z m ? 0 , n IA ... y D ; ?! c1DO µ.;u Z D 7C < mD D D 1 A ? I Wr I - {I i _ mm z°o MXs m•. A [n 0 0 -j DC oI mm 0 Om0 Zr yZ; D m p -CI ? r*1 m c ?m ?czi mm a ? D to r MO O O t 0 II rn G) 0 O Z ? I O O O ? °RmN / c n \A ( ?q I - I 0 ?m 74 X A EXIST. WOOD PILIN S G J EXIST. WOOD PINGS m 8 °x ?,l x (A in y 1 O -TI ??: (h :m I o m :3: x o 1/?I. m 1 k U3 r- cZ D r? In `' ° ° N3 rvi, v rc.; ; I< 1} x p m? m ? 4 C WD ?.? ?! A^D r A I D: 79 O x ?v m Q i; oz yy O D I: I 1mm 0..: A L) N ) ° Mm0 n ? pDmWmcD O0(Cf_)m -u Z z I o m m omo D -n m?cDQ mz=1 v D ?OO Z A OD-Ortiz ppm t A r D Cpl *1 ?? Zp? rOx n -u ° o ?m vm o-I? I Z D M`i? A ( 2 n (5-m Zr°-Cmj D O Z to zD-( GAD n ?1] ZM(n? ?vFD? U) Z 1- A o M n Z M O r n N - m^ ??y1 ? )mxJr ? O D VJ c ??2manu zooo 0(1'x v? m u ZJ M ZZ I I- p Z DO ? IDn- A tttlllll/ttt, y s m D ril M :j 1+ 0 ?M N?D-11Z (0 -I m PR oND 'pAn. °O -I r o1CpmS I`j ?b:c? 01 Z c:) co M C) njD Dam ?p N . 'F X0;0 • Mn0 M xz rn A r FI ?ttlilllttt,` N? 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