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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 J E c ?? 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 ? /SIt -/'-? GL ( N 11-0100, / I ? Y ,p}Ifl? 1 its (? 'K ea' . z n ? 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? {s -ol BSB0-6t+$1 -aSa asoowei j t-1 da0 =60 66 Lo oa(I TO•d luiol -uO- L Oee I nu ua ; ,O HrI UUM-DM h, CITY FAX NO. 252 264 3723 P, 03 Form I:CM-M F 2 3. SHORE.LM STAHMIZATIOIN b. Will till material be placed in coastal wetlands (mph), SAVs or oth? ' r wetlands? Y • -? es 4- No If yes, a• Type; of oreliaa stabilizarinn (1) Dimensions of fiIY' area .-A dA -?- Bulkhead Riprap b (2) Purpose of fill . Length c- Average distance waterward of'.v3HW or ,?L G N E ERAL d• .tiiaximUm clisTactce watuwar3 of Mi•IW or NWL . . --~`- 3. How will excavated Or fill material be kept on Site and erosion controlled? r F e• Shvrcli2e erosion during p aceding 12 months • (Sot?rct of ?/ornr?tloA) ?{7'Lr ?s.? `--"--'^ f• Type of bulkhead or Rprap material oo?? b- What tyPe of construcriorl equipment will be used (for - cx=Dle, dragiine, drudge)? baclchcx, or hydraulic ?'. amount Of Fill in cubic yards to be placed btl()w water lrvpi ?? (1) Riprap yt!a ^ (2) Bulkhead backful c. Will wetlands be crossed in -- --?- h. TYpe of i11 material S.avo transporting equipmear to project site'. - Yes L--No If vas, explain s , ---'•----- eeps that will be taken to lessen environmental impacts. i• Source of fail material 4. OTMR FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will tIl material be aught co site? - Yes ? No Applicant t N b l tac?u S Date If yes, (1) Amount of material to be placed in the water, (2) 01=nsions'0f fill area ._. s (3) rposc of till Roviwd 03/9g T0•d 06EV Tbb ZSZ 6T6 T 1d3a ONINNdld Qti3H SOdN Wdb0:OT 666T-60-ET able Location Map http://204.211.92.170/scripts/esrimap.dll...20&bottom=828275 &right=29858ZU-@iaprfSi675 1 of 1 10/15/99 2:55 PM nupai??4.a i i.y/. i iuiscnpisiesnmap.att...ZSU&bottom=838835&nght=2975260&top=84411 ` 1 of 1 10/15/99 2:46 PM .. i11'-Q ?,yu..tti ?, 11;?.?ff •. J :.1'.ti?•%. ,:.::.?. :•?.' ?, ?``. 1? •5:'{'y ''1'.?'?:`! :. ?l ? l.. •.?1 •. J`; ^ 'p .Cfl 1T ?i.ti :.tiJ ...._. ...?..,...?. .... _:.?..?,.i.:.:,\.?:ti{tc:5t„L's?r.lt1.vJSJ........ CS$.?d.'..kR;?;?,i?Y?iw? ?S4}??SJ?,Si???"s3s`-0v"u?}S.?C;u.•: \:..:?e'S?in? 1 ???'??i ti?:i'.?}):w_L?};S'.? __ : /?O M011 C `f. ptcl1 [19L-O CATS tfo ? VICINITY MAP Mrs.) 10 Tb CR ATAN ttvlY WLIZICiNT Kepy%jAL i)e?1?ls - 3' i J, r t) O EX. I. R. 0 EX. P K. NAIL O SET I. R. ?IShIL- at (.1 BL PER M. 13. '4, PG. 40 DARE COUNTY. OTI I ERS MAY APPLY. v u ti J\jht?l - h?h.t7E C/5t?l?L .'V ti t?R15 ? CCVICg e (I IJ u(nT IZ ) I EXISTING _3? ..3 WOODEN BULKNEAU ilk T -' Fltl'?II Ci?iVU?I izE:M?inN ( {-tl,lr Vjut?ti?/ - h?-1 r7 ??u 2?1 VV??, I 1 I I Gir&ey? i P11 I PI RI J p I I N I I t) C) wt 3Z V&-VA'-tl W&U-- 12 NIX. to s?n,+cE _ ?s' s41 V "fpkd at).1)u' Ioa.ou' DUCH Es S (Go1) COURT ?c DEC 7 1999 rtrn LAtiE, ('-Ui,I )-AGThr,t I4I,Aiz try in f ? M ?rexa•xit? PIL-iNe- ?G lal ???} X4 WAt..Ee _ ?? C?o?/?rr? low Lvn ,c CC v`li J ?WL f1 % dioocal G,?C X8 r6M0A.T?t11.14 MCA?/?/ PFCIAEgELE x/0 ? ?oJa?-E F?BEe1tASS u?.lEe? S/8 X / S T1 E ?oDS /,r EK N fiN D ?rH7-EAa 8ZS NUTS ? VIA-SK612.s ALL 4PA LVAN 1206. pEAL1 MAY.! Il.? 50° X SNA?E . Assocliates (Bulkheads) P L- A N v I E w 101 Elizabeth Court ,v rs Colingron Harbour Kill Devil Hills, NC 27948 252-441-0577 !!. NA,L NALE(L - tispLN Love w,?TErL naLE 8 oTf o ? 8/i71i9 Z' I NoTG : _ TOT Of OG+? D MAC/ / A'3 SMA" Sr- A M/N. OF- TWO (i) f-&Z-T ?sacow4 f/MlSNEO G40UND dwmprAcr- FLU- Ncr?ngi, 'I pja4? I 1 l W ^ SNL?ATTM IN6.? ??, ? - J ?6'0 ra>N?,,`;N CARD,,. PRoFIt_E V1EW T--- Ct ?AbE ? 2•MI?1. i M. 'vv Y' 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