HomeMy WebLinkAbout19991377 Ver 1_COMPLETE FILE_19991214State 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
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 23, 1999
Dare County
DWQ Project #: 991377
APPROVAL of 401 Water Quality Certification
Ms. Kimberly Lane
116 Dutchess Court
Kill Devil Hills, North Carolina 27948
Dear Ms. Lane:
You have our approval, in accordance with the attached conditions, to place fill material in 500 square feet of
wetlands or waters for the purpose of constructing a replacement bulkhead between 110 and 116 Dutchess Court,
Colington Island, as you described in your application dated 14 December, 1999. 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 incliiding (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 send us a new application. If the property is sold, the new owner must be given a copy of
this 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
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 fora 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.
Sincerely,
Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Doug Huggett; DCM
Central Files
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh 27669-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
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December 10, 1999
AfEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
X ?? .
John R. Dorney, Environmental Biological Supervisor
Division of Water Quality
Doug Hugged 991377
Major Permits Processing Coordinator _ - -
CAMA/DREDGE & FILL Permit Application Review
Kimberly Lane
Between 110 & 116 Dutchess Court, Colington Harbor S/D in, Kill Devil
Hills, Dare County
Construct a replacement bulkhead a maximum of 18' waterward of NWL.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 31, 1999. If you have any questions regarding the proposed project, please
contact Lynn W. Mathis 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 ZI2?? /
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 252-264-3911
MEMORANDUM
TO:
SUBJECT:
John Dorney
Non-Discharge Branch
Regional Contact:
WO Supervisor:
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Kimberly Lane County Dare
Project Number 99 1377 County2
Recvd From DCM Region Washington
Received Date; 12/14/99 Recvd By Region 12/13/99
Project Type Bulkhead
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet • - - r.
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
FA-R7\7 ?' O l oN F- () -7 i sc' ;0.155. O.il - -F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y pO N Did you request more info? 0 Y OO N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: Q Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 360012 Longitude (ddmmss) 754246
Comments:
The bulkhead ie being aligned with ex8sting bulkheads and impacts less than a tenth of an acre.
S ihmitted 12/20/99.
cc: Regional Office Page Number 1
Central Office
Facility Name Kimberly Lane County Dare
Project Number 99 1377 Regional Contact:
Date:
Comments (continued from page 1):
Brad Shaver
cc: Regional Office
Central Office Page Number 2
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Kimberley Lane
2. LOCATION OF PROJECT SITE: Between 110 and 116 Dutchess Court, Colington Harbour Subdivision, Colington
Island, Dare County.
Photo Index - 1995: 187-1969 M3&4 1989: 1 45-4 F10 1984: 137-497 G24
State Plane Coordinates - X: 2 972 620 Y: 841 475
3. INVESTIGATION TYPE: CAMA Dredge/ Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -September 8, 1999
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received -December 3, 1999
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation/Transition
(B) AEC(s) Involved: Estuarine Shoreline and Estuarine Water
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - Remnant Bulkhead
Planned - New Bulkhead
(G) Estimated Annual Rate of Erosion: 2'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
iIRFTI(:FTI i:TT T rn
Z\
ZP"
n_n A TiATI,
(A) Vegetated Wetlands
Delineated Section 404
(B) Non-Vegetated Wetlands 500 sf
A
(C) Other High Ground 270 sf 730 sf
(D) Total Area Disturbed: 1,500 sf (.034 ac)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a replacement bulkhead a maximum of 18' waterward of
normal water level along a man-made canal in Colington Harbour.
Kimberley Lane
Bio Report
Page 2
PROJECT SETTING
The applicant's property is located on Lot 11, Section V, Dutchess Court in Colington Harbour, a
residential subdivision on Colington Island, in Dare County. The property is bounded on the east by a man-
made canal (Caravel Inlet), on the west by Dutchess Court (a private subdivision street), and on the north and
south by residential lots with single-family dwellings.
The property is a residential lot that is currently vacant with the exception of a remnant bulkhead.
Vegetation on the lot is limited to a variety of yard grasses and weeds. Elevation of the property is
approximately two feet above normal water level. Platted dimensions of the property are 50'x 147.60' for a
total of 7,380 square feet. The average water depth along the property, approximately two feet waterward of
the remnant bulkhead, is three feet below normal water level. The shoreline is irregular due to storm erosion.
which has created shallow water pockets that extent 13' landward of the remnant bulkhead. An erosion scarp
along the shoreline extends approximately 18' into the applicant's property. No submerged aquatic vegetation
is within. the project area.
Colington Bay and its tributaries are classified as joint waters by agreement between the Marine
Fisheries Commission and Wildlife Resource Commission. The Division of Environmental Management's
water quality classification for the Bay is SC (fish propagation), and is not open to the taking of shellfish.
Additional review indicates that there are no known archeological sites or geological formations associated with
the applicant's property. However, numerous sites have been cataloged within Colington Harbour Subdivision.
PROJECT DESCRIPTION
The applicant, Kimberly Lane, proposes to construct a 50' long wooden bulkhead that will tie into
existing bulkheads north and south of the property. An existing bulkhead on the property has completely
failed, resulting in severe erosion on the applicant's lot. During the summer Mrs. Lane hired a marine
contractor to build a wooden bulkhead across the property, but failed to obtain the required authorization. Due
to the extent of erosion the contractor began replacing the bulkhead in a location that was greater that ten feet
from normal water level. Work was stopped and a violation issued pending the issuance of the required
permit. The restoration plan given to the property owner required that a CAMA Major Permit be obtained
prior to undertaking any further work within the new bulkhead alignment, or the alignment had to be pulled
back to an average, not to exceed five feet waterward of normal water level.
The proposed bulkhead will be constructed an average of 10', and a maximum of 15', waterward of
normal water level. The depth at the waterward end of the proposed bulkhead is three feet and the bulkhead
will be constructed with a finished grade two feet above normal water level. The project will result in the
filling of approximately 500 square feet of shallow water bottom and Estuarine Water, with a total of 46.3
cubic yards of fill dirt. Approximately 270 square feet of high ground will be filled in association with the
bulkhead, resulting in the placement of an additional 20 cubic yards of dirt fill, for a total of 66.3 cubic yards.
All land disturbing activity associated with the project will be limited to a distance of 30' landward of the
proposed bulkhead for a total 1,500 square feet.
Kimberley Lane
Bio Report
Page 3
ANTICIPATED IMPACTS
• Loss of 500 square feet of Estuarine Water and shallow water bottom.
• High ground fill equaling 270 square feet.
• Temporary localized turbidity is anticipated during construction of the bulkhead.
• Total area of disturbance in conjunction with the project will be 1,500 square feet.
• No further erosion along the applicant's property.
Submitted By: Lynn W. Mathis
Date: December 9, 1999
.i ..
Form DCM-MP-I
APPLICATION-<?,?
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name 614,ygr
Address // do /J v TGL,?s 5 CT
City /i, 1-4 J6v. t )-k 1 ts- State IV (,
Zip 71 Y Day Phone V86 300(0
Fax ZS-Z, 41Vt - 9yy
b. Authorized Agent:
Name /a ra z 5!7 z j- a.
b. City, town,
IV
c. Street address or secondary road number
Lot ?t/ .[?vTCNGfS G'r'
d. Is proposed work within city limits or planning
jurisdiction? Yes v. No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) 7XV
CAz+09-e- sv4167-
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Address A &a,Y 3Z 7 Z
City A-," i;V,4w1 1,41/r State ZZG
Zip ZZ221 Day Phone d - 7dl
Fax ZS-Z- 9Yq- 085-,6
c. Project name (if any) &I J4
-----------------
NOTE.- Permit %Q be = ad im game of kndew...(r), ,dl,,
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
Seised 03/95
b
c.
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pia, and
excavation and/or filling activities.
??w ?vLKH?,??.? igy0 4?q'ClL? GL
Is the proposed activity maintenance of an existing
project, new work, or both? Nf:w t GG i I FaU
4i(IS71 -1-3 &,4tW46 oe;*c60
Will the project be for public, private or commercial
nse? -/::Z V* r-a:
d. Give a brief description of purpose, use, methods of
construction and daily operations of pfoposed
project. If more space is needed, please attach
additional pages. '73 Co vreae, zaevs,0'V 'V'V
Le T i? vE 73 Fes,?I 4eg' 40WOW
;a -d 8SB0-6bt'-2S2 asooWeiji--{ d20=60 66 G0 osa
Form'DCM-MP-1
t
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _ _ ?`Q s ???, r ?? n.
b. Size of individual lot(s) J 0
c. Approximate elevation of tract above MHW or NWL
3,9
d. Soil type(s) and texture(s) of tract
5:A.v A
e. Vegetation on tract tO/& 64-hL5S - SA.¢/Q
.?vz 5
f. Man-made features now on tract 10:5LZz-V i3vGkjlkl9?
g. What is the CAMA Land Use Plan land classification
of the site? (conmu the locai land =e pian.)
V Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
IGs> DTn? 7-//,x /
Is the proposecj project consistent with the applicable
zoning? r- Yes No
(Attach zooming conphwur mmf=te, trapplimvk)
m. Describe existing wastewater treatment facilities. ,
f//10?f,y i G? r MaAlN? 6'N 51 /z
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.)
o. Describe existing drinking water supply source.
5. ADDI'T'IONAL 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
aft 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 accu mte, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink on
an .8 .127 . by I V 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 .ether 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
unfamihar,with the area to the
Pe
highway or secondary road (SR) numbers,r
C ? .`. d i ?iL r'aw tai
Form - DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• 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.
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.
Name _Sm t IZu FFia a I certify that I am authorized to
/t,L Brant, and n in fact,
Address !!D Qy U (?- // f
Phone zS"Z- cfc?/ 8 ? grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
Name ! connection with evaluating information related to this
iv S
Address ?Z7 ?f,Zn.v 19!7- ?c.v.vG Z7G d t Permrt application and follow-up monitoring of the
Phone pfOlect
•
Name
Address
Phone
• A list of previous state or federal permits issued for
wort; on the project tract. Include permit numbers,
perminee, and issuing dates.
oMt- '
• 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 AFC Lazard 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.
I further certify that the information provided in this
application is truthful td" the best of my knowledge.
This is the 8 day of A !Ce-y OF 19-2f
Print Name Z.e ? g 1,
Signatu
Landowner or Artbo,HkZed AgenT
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCN MP-4 Structures Information
DCM'MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each artadmnt in the
space provided at the bomom of each form.
400 copies of this public document were printed at a total cost of $52.48 or S .13 per copy.
Revised 0319S
6-d BSBO-6bJb-2S2 asoowetiz)l d
Z0:60 66 GO 080
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.
Average Final
Length Width Depth Depth
Access
channel
(MLW) or (NVrL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
ion)
%stab
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/SIt -/'-? GL
( N
11-0100,
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Revised 03/95
1. EXCAVATION N 1
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetatioci
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL /V/4
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?
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TO•d luiol
-uO- L Oee I nu ua ; ,O HrI UUM-DM h, CITY FAX NO. 252 264 3723 P, 03
Form I:CM-M F 2
3. SHORE.LM STAHMIZATIOIN b. Will till material be placed in coastal wetlands
(mph), SAVs or oth? ' r wetlands?
Y
• -?
es 4- No
If yes,
a• Type; of oreliaa stabilizarinn (1) Dimensions of fiIY' area .-A dA
-?- Bulkhead Riprap
b
(2) Purpose of fill
. Length
c- Average distance waterward of'.v3HW or ,?L
G
N
E
ERAL
d• .tiiaximUm clisTactce watuwar3
of Mi•IW or NWL
.
.
--~`-
3. How will excavated Or fill material be kept on Site
and erosion controlled? r F
e• Shvrcli2e erosion during p aceding 12 months
• (Sot?rct of ?/ornr?tloA) ?{7'Lr ?s.? `--"--'^
f• Type of bulkhead or Rprap material oo?? b- What tyPe of construcriorl equipment will be used
(for
- cx=Dle, dragiine,
drudge)? baclchcx, or hydraulic
?'. amount Of Fill in cubic yards to be placed btl()w water
lrvpi
??
(1) Riprap yt!a ^
(2) Bulkhead backful c. Will wetlands be crossed in
-- --?-
h. TYpe of i11 material
S.avo transporting equipmear
to project site'. - Yes L--No
If vas, explain s
,
---'•----- eeps that will be taken to lessen
environmental impacts.
i• Source of fail
material
4. OTMR FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will tIl material be aught co site?
- Yes ? No
Applicant t N b l tac?u S
Date
If yes,
(1) Amount of material to be placed in the water,
(2) 01=nsions'0f fill area ._. s
(3) rposc of till
Roviwd 03/9g
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CAROLINA BENCHMARK
Engineers-Surveyors-Planners
INCORPORATED
Greenville, North Carolina
WOODEN INTERIOR
?S BULKHEAD DETAILS
SIDE VIEW FOR WOODEN BULKHEADS EXTERIOR
SOUNDSIDE AND KITTY HAWK BAY)
q pp -OATE: 01/18/88 SUR: DRW: 155
DRAWING NO.: C8 - 159