HomeMy WebLinkAbout20010932 Ver 1_Complete File_20010608OF vvr+r?R roncnaei r. tasiey, uovernor
Q William G. Ross Jr., Secretary
O North Carolina Department of Environment and Natural Resources
>` y Gregory J. Thorpe, Ph.D.
p Acting Director
Division of Water Quality
August 1, 2001
Hyde County
DWQ Project # 010932
APPROVAL of 401 Water Quality Certification
N.C. Dept of Transportation
Kristen Shocchis, Environmental Officer
Post Office Box 850
Edenton, NC 27932
Dear Ms. Shacochis:
You have our approval, in accordance with the attached conditions, to place fill material in 8033 square feet of canal bottom
(water) acres of wetlands or waters for the purpose of stabilizing canal shoreline along SR1136, as you described in your
application dated June 8, 2001. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 3274. 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 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 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 Bob Zarzecki at 919-733-9726 or Deborah Sawyer at our Washington Regional Office at 252-946-
4681.
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File Copy
Central Files
Doug Huggett; DCM
Sincerely,
J
. Thorpe, Ph.D
p 0
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893
NNR
Customer Service
1 800 623-7748
Re: Tntcking and Tardy Notice. WARD, 7/18/01
Subject: Re: Tracking and Tardy Notice, WARO, 7/18/01
Date: Wed, 18 Jul 2001 12:32:35 -0400
From: Bob Zarzecki <bob.zarzecki@ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit
To: deborah.sawyer@ncmail.net
CC: Cyndi Karoly <cyndi.karoly@ncmail.net>, tom.steffens@nemail.net
Deborah,
They are proposing to place rip-rap along 1,050 feet of existing road
shoulder / canal bank. Existing conditions look like only 2 to 4 feet of
grassed shoulder between the road and canal. They are proposing to extend
the bank 4 to 6 feet into the canal (reducing the width of the canal). This
will decrease the storage capacity of the canal and either flood the
wetlands to the north or displace to other canals and sound. Fodrey Creek
is listed as an SA ORW water. However, on paper, it doesn't seem to be a
big deal since it is about 1,000 feet from the main water body. I think we
should ISSUE this project. Agree? Let me or Cyndi know tomorrow or when
you get back on Friday if you agree. If we don't here from you by next
Friday 7-27-01 (drop dead is 8-5-01) we'll go ahead and ISSUE it. See you
tomorrow.
- Bob
Cyndi Karoly wrote:
> Hi Tom and Deborah.
> Below is this week's 401 Tracking Notice for the Washington Regional
> Office. The Central Office has not received your recommendations for
> these projects as of July 18, 2001. If you have not received any
> application, please let me know and I will fax it to you. Please take
> note of the date received in the Central Office and the 60-day clock
> projection. If we do not have your comments by two weeks before the
> clock expires, we may have to prepare the 401 without incorporating your
> comments, in order to avoid waiving the 401. Two weeks from today, the
> application will be forwarded to the appropriate Central Office staff
> member (Bob Zarzecki) if we do not have Regional Office comments by
> then. The CO staff will then consult you if time allows and make a
> recommendation on the 401 to John Dorney.
> TRACKING:
> DWQ No. Project County Permit Type Received Expires
> 01-0761 Scott A. Mueller, Chowan Co., NW18 6119101 8116101
> Please use the staff recommendation sheet in Filemaker Pro, and then
> notify me that the report has been filed. My e-mail address is
> Cyndi.Karoly@ncmail.net or you can call me at 919-733-9721.
> There are two tardy projects for your region this week. Please note
> that one (Mill Branch Restoration) is a NW 27 on the 30-day clock to
> notify the applicant if they'd need to apply for written concurrence,
> with a fee. So you don't need to do a staff report unless you object to
> the use of NW 27 for this project. I have passed along the second file
> to Bob, so you may hear from him on this one in the near future.
> Thanks very much for your attention.
1 of 2 7/18/01 1233 PI1
Rc: Tracking and Tardy Notice, WARD, 7/18/01
Bob Zarzecki
Environmental Specialist III - DENR/ DWQ
401 Wetlands Certification Unit
2 of 2 7/18/01 12:33 PM
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC Department of Transportation
2. LOCATION OF PROJECT SITE: Hyde Co. on SR 1136 on a manmade canal contiguous with Fodrey Creek
in Swan Quarter, North Carolina
Photo Index - 2000 113-1202; H:14-K17 1995 112-1184; T:14-V:16
State Plane Coordinates - X: 2,794,500 to 2,795,800 Y: 612,500 to 612,600
Swan Quarter Quadrangle Lower Left
Rover File # I042016A
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 20 April 2001
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 2 May 2001
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Developed (Land) Conservation (Water)
(B) AEC(s) Involved: PTA, EW, CS, ORW
(C) Water Dependent: YES
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - NA
Planned - NA
(F) Type of Structures: Existing - Two lane gravel road with narrow, unprotected shoulder
Planned - Rip rap along road shoulder
(G) Estimated Annual Rate of Erosion: ±2' per year
Source - field observation
7. HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands I I 8,033 ftz
Canal Bottom
(C) Other
(D) Tntal Area Disturhed: 8.033 ft` 0.2 ac
(E) Primary Nursery Area: Yes
(F) Water Classification: SA ORW Open: No
8. PROJECT SUMMARY: Applicant proposes to place rock riprap along the shoreline of the existing canal and
place fill material over the rock.
NCDOT SR 1136
Hyde County
Project Setting
The applicant maintains a two lane asphalt road (SRI 136) adjacent to a manmade canal that
is contiguous with Fodrey Creek in Swan Quarter, Hyde County, North Carolina. The existing road
is approximately 25 feet wide with shoulders that are 1 to 4 feet wide. The northern road shoulder is
adjacent to a manmade canal canal, and is experiencing erosion in several areas. In a few small areas,
unauthorized rock or masonry material has been placed along the shoulder to protect the road and to
address safety concerns.
The project area is bordered on the south side by numerous commercial fishing businesses.
Vehicular traffic on this road consists of commercial fishermen, trucks transporting seafood,
employees of the local businesses, and customers of the seafood houses. The north side of the project
area is a manmade canal. The opposite shore of the canal is predominately coastal wetland and is
vegetated with Juncus roemerianus, Spartina cynosuroides, Distichlis spicata, and Spartina patens.
The marsh covers several acres north of the project area.
There is a small undeveloped lot to the east of the project area. This lot is high ground
and is vegetated with a mix of upland grass species. There is a water control structure at the
culverted access to the lot. Immediately east of the lot is the town of Swan Quarter. The west end
of the project area borders an old hotel site. There is an existing dirt parking lot and the hotel
structure is still standing. The hotel has not been operational for several years, and is in disrepair.
Fodrey Creek classified SA ORW by the Environmental Management Commission and is not
open to shell fishing at this location.
Project Description
The applicant proposes to install 1050 ft of rock riprap an average of 7.65 ft waterward of
NWL in a manmade canal adjacent to an existing two lane road. The toe of the rock will be a
maximum distance of 8.25 ft waterward of NWL. The road shoulders will be widened by placing
filter fabric and sand over the riprap. Fill material will be brought to the site to create the wider
shoulders.
Anticipated Impacts
The project as proposed would impact 8,033 ft2 of canal bottom will be filled by the proposed
rip rap. Localized short term turbidity increases will result from construction activities.
Tracey L. Wheeler - 31 May 2001
.ye „a STATE y?
dl'
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
April 27, 2001
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
ATTENTION: Ms Tracy Wheeler, Coastal Field Representative
SUBJECT: Request for Authorization of shoreline stabilization on SR 1136 (Landing
Road) in Hyde County under a CAMA Major Pen-nit
The North Carolina Department of Transportation proposes to stabilize 1050 feet
of the canal shoreline along Landing Road (SR 1136) with Class B rip-rap. The purpose
of this project is to stabilize the eroding shoreline that is the road shoulder to SR 1136.
This shoreline has been eroding due to wind tides about one foot per year. The rip-rap
will extend an average of 7.65 feet (maximum of 8.25 feet) from the shoreline and will
require about 247.3 cubic yards of stone to be placed below water level. Shoulder
construction will include rip-rap placed approximately one foot above high water level
and about 180 cubic yards of sand from one foot above high water level to existing
shoulder. Filter fabric will be placed between the rip-rap and the soil layer and the
shoulder will be planted with centipede grass.
I have enclosed a vicinity map, plat drawings, landowner signatures, pictures of
the site, and a check to cover all pen-nit costs. If you have any questions about this
project, please contact me immediately.
Sincerely,
Don Conner, PE
Division Engineer-Division One
Kristen Shacochis
Division Environmental Officer
P.O. Box 850, Edenton, NC 27932 - Phone: (252) 482-7977 Fax: (252) 482-8722
Cc: Mr. David Cox, NCWRC
Ms. Sarah Winslow, NCDMF
Mr. Ron Sechler, NMFS
Mr. Tom McCartney, USFWS
Mr. John Hennessy, NCDWQ
Mr. Sterling Baker, NCDOT
Mr. Michael Bell, ACOE
P.O. Box 850, Edenton, NC 27932 - Phone: (252) 482-7977 Fax: (252) 482-8722
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
b. City, town, community or landmark
Swan Ouarter
a. Landowner:
Name N. C. Department of Transportation
Address P.O. Box 25201
City Raleigh State N.C.
Zip 27611-5201 Day Phone (919) 733-3141
Fax (919) 733-9794
b. Authorized Agent:
Name Kristen Shacochis, Environmental Officer
Address P.O. Box 850
City Edenton State N.C.
Zip 27932 Day Phone (919) 482-7977
Fax _(919) 482-3826
c. Project name (if any) SR 1136 (Landing Road)
shoreline stabilization
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
c. Street address or secondary road number
SR 1136
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)A canal of Swan Ouarter Bay
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.
Stabilize 1050 feet of canal shoreline adiacent to
SR 1136 (Landing Road) with Class B rip-ran
The rip-rap will extend a maximum of 8.25 feet
from the shoreline.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Will the project be for public, private or commercial
use? Public
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. The purpose of this project is to
stabilize an eroding shoreline that is the road
shoulder to SR 1136. The shoreline has been
eroding due to wind tides.
a. CountyHyde
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL N/A
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Fescue
f. Man-made features now on tract Road shoulder,
dock some existing rip rap (concrete cinder block
and brick)
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
x Developed Community
Rural Other
h. How is the tract zoned by local government?
Developed
i. Is the proposed project consistent with the applicable
zoning? x Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes x No
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 x No
1. Are there wetlands on the site? _ Yes x No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
N/A
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.) N/A
o. Describe existing drinking water supply source.
N/A
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.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, 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
Form DCM-MP-1
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 Ms. Alma Davis
Address P.O. Box 276 Swan Quarter, NC 27885
Phone
Name Ralph Jarvis
Address P.O. Box 248 Swan Quarter, NC 27885
Phone
Name Geri Pittman
Address 3545 Quarter Road Swan Ouarter,NC
27885
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
N/A
• 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 24 day of April , 2001.
Print Name Kristen Shacochis, Environmental Officer
Signature
Landowner or Authorized Agent
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
(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
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION N/A
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 vegetation
(SAVs) or other wetlands? Yes _ No
d. High ground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL N/A
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?
Revised 03/95
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
Bulkhead x Riprap
b. Length 1050 feet
c. Average distance waterward of MHW or NWL
7.65 feet
d. Maximum distance waterward of MHW or NWL
8.25 feet
e. Shoreline erosion during preceding 12 months
+ /- 12 inches/ -year
(Source of information) applicant
f. Type of bulkhead or riprap material
NCDOT Class B Rip Rap (Granite)
g. Amount of fill in cubic yards to be placed below
water level
(1)Riprap 247.3 cubic yards
(2) Bulkhead backfill N/A
h. Type of fill material NC DOT Class B Rip Rap
i. Source of fill material NC DOT Approved Quarry
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
If yes,
(1) Amount of material to be placed in the
water none
(2) Dimensions of fill area 2 foot wide, 2 foot
high. 1050 feet lone (180 cubic vards)
(3) Purpose of fill to create road shoulder
(will be placed on top of rip-rap and
sloped with original shoulder)
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes x 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? DOT best management
practices
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Excavator, bulldozer, dumptrucks, backhoe
c. Will wetlands be crossed in transporting equipment
to project site? Yes x No
If yes, explain steps that will be taken to lessen
environmental impacts.
Kristen Shacochis, Environmental Officer
Ap?plii tt or Pro' t Name
%frl?
Signature
March 29
Date
Revised 03/95
JPEG image 64px480 pixels
Subject: pictures
Date: Wed, 07 Feb 2001 15:04:33 -0500
From: "Ronnie L. Faulkner" <rlfaulkner@Jot.state.nc.us>
Organization: North Carolina Department of Transportation
To: "Sterling D. Baker" <sbaker Jot.state.nc.us>
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