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HomeMy WebLinkAbout19951307 Ver 1_Complete File_19960130State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 00.9?F?lq?4 0 ?EHNF1 January 30, 1996 Pamlico County DEM Project # 951307 APPROVAL of 401 Water Quality Certification Mr. Thomas Flynn Murphy Farm Road Route 1, Box 139B Merritt, NC 28556 Dear Mr. Flynn: You have our approval to place fill material in 776 square feet of wetlands or waters for the purpose of placing rip-rap along a shoreline and installing a boat ramp near the town of Mesic near Gales Creek and AIWW, as you described in your application dated 27 December 1995 . After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. 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 this approval to be val?d, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dome), at 919-733- 1786. Sincerely, PePston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM 951307.Itr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina ----/Department of Environment, Health and Natural Resources Division of Environmental Management Ja mes B. Hunt, Jr., G ove mor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director FAX TO: FAX NUMBER: FROM: An4e ?EHNR PHONE: / NO. OF PAGES INCLUDING THIS SHEET- COMMENTS: L V\ W? 14A, clwk Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% rec ycled/10% post consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Thomas P. Flynn 1 2 9 5 1-3 67 LOCATION OF PROJECT SITE: Pamlico County, near the Town of Mesic, adjacent Gale Creek and the Atlantic Intracoastal Waterway Photo Index - 1989: 2 111 5 (indexed by F-8) 1984: 59 1299 (indexed by R-8) State Plane Coordinates - X: 2,719,600 Y: 538,600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 1, 1 Was Applicant Present - Yes 5 PROCESSING PROCEDURE: Application Received - November 29, 1995 Office - Morehead City SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic system Planned - None (F) Type of Structures: Existing - Single family dwelling Planned - Rock rip rap and concrete boat ramp (G) Estimated Annual Rate of Erosion: 5' to 6' Source - Applicant 6. 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Distichlis s icata and 96 ft2 S artina ap tens - (B) Non-Vegetated Wetlands Estuarine waters and eroded 680 ft2 sandy shoreline (C) Other High ground 144 ft2 (D) Total Area Disturbed: 920 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA NSW Open: Yes 8 PROJECT SUMMARY: The applicant proposes to place rock rip along 55' of shoreline and construct a 40' X 12' boat ramp. A %% FIELD INVESTIGATION REPORT: THOMAS P. FLYNN/PAMLICO COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The applicant owns an approximate 3-acre "point of land" off SR 1224 near . Mesic, adjacent Gale Creek and the AIWW in Pamlico County. The property is located on the south side of Gale Creek/AIWW near its confluence with the Bay River. The lot is part of a larger tract of land known as Gale Creek Point. This larger tract is separated from the "mainland" by a manmade canal running northwest/southeast. Estuarine waters and an expansive intertidal marsh system dominate most of the landscape adjoining Gale Creek Point. The applicant's property is bordered to the north and east by Gale Creek/AIWW while the manmade canal defines the southern and western property lines. The marsh, dominated by S artina cynosuroides and Juncus roemerianus, can be found along much of the northern and southern property lines. A narrow 8' to 12' fringe of Distichlis s ip cata and S. patens exists along a 55' stretch of shoreline adjacent Gale Creek/AIWW. Moderate erosion is occurring along this stretch of shoreline. Over the past few years, the applicant estimates that the erosion rate has been 5' to 6' per year. A single family residence is currently being constructed in the center of the property, and a 210' pier has previously been authorized through the CAMA General Permit process but has yet to be constructed. Project Description The applicant proposes to place rock rip rap in front of a fringe of Coastal Wetlands along 55' of eroding shoreline, and to install a 40' long X 12' wide concrete boat ramp. According to the applicant, marl rock will be hand placed on top of "filter screen" along the erosion escarpment, extending a maximum distance of 4' waterward of the NWL. The applicant does not propose any backfilling activities. The applicant- proposes to construct the boat ramp by forming and pouring 6" concrete slabs on high ground and sliding the slabs into the water. Approximately 20' of the 12' wide boat ramp would extend into the water while 20' would extend back onto the high ground. Anticipated Impacts A total of 460 ft2 of Estuarine Waters would be filled as a result of rock rip rap and boat ramp construction (approximately 220 ft2 for the rip rap and 240 ft2 for the boat ramp). Approximately 96 ft2 of Coastal Wetlands would be lost and another 144 ft2 of high ground impacted as a result of installation of the 12' wide X 40' long concrete boat ramp. Approximately 220 ft2 of eroding sandy shoreline above the NWL would also be filled by placement of the rock rip rap 4' landward of the NWL. M. Ted Tyndall - Morehead City Office - December 8, 1995 h Form DCM-MP-1 APPLICATION- (Iro be completed by all applicants) 1. APPLICANT b. City, town, community or landmark a. Landowner: Name 111r,- TTh oM C.5 F. )rlVA,' lt) Address 1,4urpd1 y 1'19krn / DAB 101 / A CK, 13 `"/ G City ?/}!? err+ f . State R/ G Zip Day Phone 91?'77543 5 Fax X19- 71/5- 83? b. Authorized Agent: ./ Name Co 2S f?i l /1'I? ti n,'? ?o ?y7'?ct ?Tc7 r? Address Pg 9-5 J-a-J- ei489 /T Z iAM 16 City A/e L'-' gam' AJ State -/V 0- Zip 345? 2- Day Phone 9l ? "43f W7 Fax c. Project name (if any) NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT c. Street address or econdp road number d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project e.g. river, creek, sound, bay) 64x l e S C.:'e, f, oX U4j-L1coQ5-`a1 6f)177,kW,,f1V OF PROPOSED PROJECT 3. DESCRIPTION AND PLANNED USE a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or fling activiti . //CM eVr" °et? rE e-,r . oc. k R, "P-,44 13oA7- ngrft ir•cca??, b. Is the proposed activity maintetTqce of a? existing project, new work, or both? AX&&d G%,-4. c. Will the projecte for public, private or commercial use? r J f/27f 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. FOrIn A out Co,-)e-r A0 10-05 oIJ r G re GtM d'd L'5 l r ti'i`0 , T f D Revised 03/95 rM•+............w.+.•y°«ay? w Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract I /LlUX . 3 ?i G fey b. Size of individual lot(s) Al 11-r- l c. Approximate eI yation of tract above MHW or NWL?orr?x d. Soil type(s) and texture(s) of tract 5? p Y C1 V e. Vegetation on tract ?ra-55 (B?rn? ???? f. Man-made features now on tract 140 ,2 No 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site. (Consult the local land use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional Developed Community • A COPY of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract ned py local government? 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 i. Is the proposed pr,ol'ect consistent with the applicable from the owner to carry out the project. zoning? V Yes No (Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an* 8 1%2" by 11" white paper. (Refer to done for the tract? Yes ??No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ?No Are there wetlands on the site? ?Yes Coastal (marsh) ? Other If yes, has a delineation been conducted? (Attach documentation, if available) Revised 03/95 m. Describe exi ting wastewater treatment facilities. L, r r C- ?'?S?e ri? 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 disc arges.) C3rc?li,y2ry s„r ?cP c?,v-ofd o. Describe ex'is`t ing drinking water supply source. 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 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 4a,-ox. 3 aGfe5 b. Size of individual lot(s) Al /W c. Approximate elex ation of tract above MHW or NWL d. Soil type(s) and texture.(s) of tract e. Vegetation on tract f. Man-made features now on tract 9 058 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 local government? h. How is thhtract zpned?y?t Wi r c1/ A," i i. Is the proposed project consistent with the applicable zoning? V Yes No (Attach zoning compliance certificate, if applicable) j• Has a professional done for the tract? If yes, by whom? . k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ?No Are there wetlands on the site? /Yes No Coastal (marsh) ? Other If yes, has a delineation been conducted? (Attach documentation, if available) archaeological assessment been Yes ? No m. Describe existing wastewater treatment facilities. 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.) d1`d1,?4ry S,r-?acP ua'-of'?' o. Describe existing drinking water supply source. we-/1 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.020' :P 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 Revised 03/95 ` _ .....s 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 SAjrlP (?4)tt1oAl d Address ?, T / S,9A L? 3 9 Phone &o y/vro, W 145/5' Name J7r<?2t2y P, ?a.?h; Address /oy UiryI'Alia La.-re Phone Necu Eerxl We ?SS/ D 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. C/?lylR ?Z{ ? 6exle&L 'Z ???g /995 ?tij?W 4l4yl99? • 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. Revised 03/95 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 3 4 day of ND Ve (n efg 95 Print Name % h0/)17QS EfyNAJ Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM W-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. ??"wr++r ? r r rn?rr rrwr. Kt?w. 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 Filial Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ;Q ramp be(pw M0L Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Wo 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards /?Qne_.- b. Type of material tcv be excavated c. Does the area to • be excavtated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No A11 d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of c. Do you claim title 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 If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes N water 4. S cgs 3 (2) Dimensions if fill area - f. Does the disposal ' 1 1/d ea in the water? ?D ix 1 ' 2W01V /V cll.Yes (3) Purposefi dill Co h c r? lea,"' U 7 60'+ o b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh , SAVs or other wetlands? Yes No If yes, f i a. Type of shoreline stabilization (1) Dimensions, of fiU area g X 1 P Bulkhead ?prap 0 (2) Purpose of fill 06n cvp rCtr?D b. Length -55 c. Average distan5p waterward of MHW or NWL 3 5. GENERAL d. Maximum distance waterward of MHW or NWL S/ e. Shoreline erosion during preceding 12 months (Source of information) -k? ap- I A. f. Type of bulkhead or ri rap material i?2kC- 0 ue-r r "Ikir ?C- ree&' g. Amount of fill in cubic yards to be placed below water level J (L S (1) Riprap ?I.5;ff t t) (2) Bulkhead backfill h. Type of fill material m i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? ? Yes No a. How will excavated or fill material be//kept on site and erosion controlled? to pT sG6 W r l( '?e -Eh r x -ec( P'- 1) r.?. i c?C ?P 1?,2 Cua a v CN'd"i Q J b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 46 C- I > c. Will wetlands be crassed in transporting equipment to project site? Yes L---No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Project Name Signature 11 1 e Z3 ?f Date Revised 03/95 Form DCM-M -2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes N water 4. g cos 3 (2) Dimensions-6f fill area f. Does the disposal ' 1 d ea in the water? ( ?o I r dp/C.J /V we ) Yes -o7 (3) Purpose otIll Co ;, c v.ek boc-f Vaz" la b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh , SAVs or other wetlands? Yes No If yes, f a. Type of shoreline stabilization (1) Dimensions, of fill area g X l r Bulkhead ?prap (2) Purpose of Fill ncvp ci rnr--,, r) b. Length -55 c. Average distan5p waterward of MHW or NWL .3 d. Maximum distance waterward of MHW or NWL -5-/ e. Shoreline erosion during preceding 12 months (Source of information) 7 1 5 ' ' f. Type of bulkhead or ri rap material oe-r r "1-leir C- ree&&' 9. h i. Amount of fill in cubic yards to be water level / (1) Riprap ?S? Cam' ii [l5 (2) Bulkhead backfill Type of fill material Source of fill material 4 A17 T 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? &-, s? ? c v b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 4C ? Will wetlands be cr3ssed in transporting equipment to project site? Yes U--No If yes, explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. 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