HomeMy WebLinkAbout19880004 Ver 1_COMPLETE FILE_19880101Permit Class
NEW STATE OF NORTH CAROLINA
Department of Natural 1 nd, Community Development
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to NCGS 113-229
Permit Number
Iq4-RR
Issued to Bruce Anderson, 702 Bay Harbor Drive, Hampstead, NC 28443
authorizing development in Pender County at Virginia Creek, off the AIWW at Lot
13 in Bay Harbor Subdivision as requested in the permittee's application dated 7115188 including
attached plats, 2, plan view dated received 8/4/88 and location dated 4/85.
This permit, issued on l . , is subject to compliance with the application (where consistent
with the permit), all applicab a re ations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The proposed bulkhead will be constructed on an alignment that approximates
the mean high water mark, landward of all coastal and/or "404" wetlands
at the time of construction.
(2) The bulkhead must be structurally tight so as to prevent seepage of backfill
materials through the bulkhead.
(3) The bulkhead must be solid and constructed of treated wood, concrete slabs,
metal sheet piles or other suitable materials approved by department personnel.
No excavation is permitted, except for that which may be required for the
construction of the bulkhead wall, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.
(4) All backfill material will be obtained from a highground source and confined
behind the permitted bulkhead.
(5) The proposed pier will be constructed in accordance with the dimensions
indicated on the application.
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1991
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
<- Z
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Bruce Anderson
ADDITIONAL CONDITIONS
Permit #194-88
Page 2 of 2
(6) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-related
discharge.
10
q DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an applicatio for State .Federal CAMA Pe t(s from
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
his office has no objection to the issuance of the permit(s) for the proposed
projec with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
X Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
r after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
_ 1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER QUALITY SECTION
DIVISI ON OF ENVIRONMENTAL MANAGEMENT
3.
a
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE :
TO: Bill Mills
Operations Branch
FROM: James H. GregsonSVN(v'
Wilmington Regional Office
THROUGH: Donald Safri
Wilmington Regional Office
yK?
i
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
PROJECT DESCRIPTION: %L'a°7°OQ'? ?JD ,?ycP
y?cvr QcC . ! ? ' ,6r7 ? lue o(, &-)-l a 6v ' d
ADJACENT WATER BODY: 1,&A
CLASSIFICATION: 54 Status:ellFlY
The project has been reviewed to determine impacts to water
quality. The appropriate comments below have been checked:
()t) The project will will n6 require a 401 Water Quality
Certification.
( ) The project complies with the General 401 Water Quality
Certification # for
(,() The proposed project should be done in such a way as to
not cause the turbidity outside the immediate
construction area to exceeds NTU.
This office has no objection to the project as proposed.
JHG:mb
cc : DCM - 7F-,f' 44RRC71-
CF, WiRO
STAIZ
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W Owens
S. Thomas Rhodes, Secretary Director
Division of Coastal Management
7225 Wrightsville Avenue
Wilmington, NC 28403
(919) 256-4161 RECEIVED
August 38, 1988 AUG 19 198b
WlImIngton Regional Office
Mr. Bruce Anderson
702 Bay Harbor Drive
Hampstead, NC 28443
Dear Mr. Anderson:
The Division of Coastal Management hereby acknowledges receipt of your
application for state approval for a pier, dock, and bulkhead on your property. It
was received on August 4, 1988, and appears to be adequate for processing at this
time. The projected deadline for making a decision is October 22, 1988. An
additional 75-day review period may be necessary and if so, you will be advised of
the extension and the new deadline.
NCGS 113A-119(b) requires that Notice of an application be posted at the
location of the proposed development. Enclosed you will find a "Notice of Permit
Filing" postcard which must be posted at the site of your proposed project. You
should post this card at a conspicuous point along your property, where it can be
observed from a public road. Some examples would be: nailing the notice card to
a telephone pole or tree along the road right-of-way fronting your property, or at
a point along the road right-of-way where a private road' would lead one into your
property. Failure to post this Notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to
the various state and federal review agencies for their comments. If additional
information is required based.on this review, the agencies may contact you directly.
P.O. Box 2768-1. Raleigh, North Camiina 27611-768 Telephone 919-733-2293
An Equal Oppominity Aftirmanvr Action Employer
W
Mr. Anderson
August j8, 1988
Page Two
Please contact me if you have any questions and notify me in writing if you
wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Tere Barrett
TB/rd
Enclosure
cc: Jim Herstine, DCM
Preston Pate, DCM
Hugh Heine, COE
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Bruce Anderson
2.
3.
4.
5.
6.
Location of project site 702 Bay Harbor Drive, Hampstead, Adjacent to Virginia
Creek off the AIWW. No photo.
Investigation type: Dredge & Fill X CAMA X
Investigative procedure: (A) Dates of site visit 7/12/88 7/27/88
(B) Was applicant present yes yes
Processing procedure: Application received 8/4/88 Office Wi.R.O.
Site description: (A) Local Land Use Plan Pender Co.
Land Classification from LUP Rural to Community
Development constraints identified in LUP None for
Droiects of this kind.
(B) AEC(s) involved:
Ocean Hazard Estuarine Shoreline
Coastal Wetlands X Public Trust Waters
Estuarine Waters X Other
(C) Water dependent: Yes X
(D) Intended use: Public _
(E) Type of waste water treatment:
Planned
No Other
Private X Commercial
Existing Septic
(F) Type of structures: Existing House
Planned Pier, Bulkhead, T-head
(G) Estimated annual rate of erosion none
7. Habitat description:
(A) Vegetated wetlands:
ScirDUS validus
Juncus roemerianus
SDartina alterniflora
Source
AREA
Dredged Filled Other
shaded
(B) Non-vegetated wetlands:
(C) Other:
Open water
(D) Total Area Disturbed:
120 square feet
540 quare feet
8. Project Summary The applicant proposes to construct a residential pier
approximately 90' long to a 180 square foot T-head. Also planned is a 60' long
bulkhead aligned at or above mean high water and behind all coastal and "404"
wetlands.
RECEIVED
AUG 19 1988
Wilmington Regional Offic3
420 square feet
X
X
Anderson
Page Two
9. PROJECT DESCRIPTION
The applicant proposes to construct a 60' bulkhead at or above the mean high
water mark, and behind all coastal and "404" wetlands. A 6' wide pier,
beginning on high ground and extending approximately 90', 70' of which is over
coastal marsh, is also proposed. This pier will join a T-Head 30' long by 6'
wide.
The .55 acre lot lies on a tributary to Virginia Creek, which is adjacent to
the Atlantic Intercoastal Waterway. This area is rural, in transition to
community, according to the Pender County Land Use Plan. The waters are
classified SA by the Division of Environmental Management, and designated
Primary Nursery by the Division of Marine Fisheries. There is a shellfish
lease in the area, but does not extend inland to the project site.
The proposed project is closer than the 15' setback required to the neighboring
property on the east. However, this setback has been waived.in writing.
The CAMA alignment for the bulkhead is behind all coastal and "404" wetland and
is approximately 60' in length. The applicant plans to construct the bulkhead
approximately 5' landward of this line. Approximately 40 tons of topsoil will
be used for backfill. The pier begins on high ground, extending approximately
'20' waterward before it encounters wetlands. From here it stretches
approximately 70' across a mixed coastal marsh of Juncus roemerianus, Scirpus
validus and Spartina alterniflora, with the Spartina alterniflora constituting
the largest area. The pier is proposed as being 6' wide,.which would shade
approximately 420 square feet of marsh. At its waterward end is a T-Head,
beginning over the marsh, extending to 6' in width, 2' of which is over marsh.
With the length of the T-Head at 30', the total square footage is 180. The
width of the creek at this point is 30-35', and at mean low water is less than
l' in depth.
10. ANTICIPATED IMPACTS
Between the T-Head and pier, a total of 480 square feet of marsh will be
shaded, and 120 square feet of open water will be encompassed.
Submitted By: Tere Barrett Date: August 8, 1988 Office: Wilmington
CONFIRMATION from Robert Coleman that his shellfish lease does not extend as far
as the Anderson property was received on August 18, 1988
T. Barrett
RECEIVED
AUG 1 9 1988
W"r7ington Regional Offica
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Please typo or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
Ate:
a. Name a- - Y7-5C '
Addre s o Z
City
Zip Day phone Y
Landowner or Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, al give
the owner's name and address.
a. Street address or secondary road number
b. City, town, community, or landmark
c. County
d. Is proposed work within city limits or planning
jurisdiction? h4(7
t p
roject
e. Name of body of water neaZ
k)1J1C¢L (A i. ?? 0- ? I?Describe all development activities you propose
(for example, building a home, motel, marina,
b head, or pier).,
S
(0 Q
If you plan to build a marina, also. complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
I?
c. Wi the project be for community, private, or
commercial use?
d. De-scribe the planned use of the project.
cc?"rC.
U ; •F
a. Size of entire tract J S /Q10 (KQ
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract
f. Man made features now on tract
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract?
If so, by whom?
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b.
C.
Number of lots or parcels
Density (Give the number of residential
and the units per acre.)
d. Size of area to be graded or disturbed
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable 'surfaces, such as pavement,
buildings, or rooftops.
units
(?8 ITINA L I4 ` ® yI0' "
h,?B? `c`?d'#?
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 property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name
Address i Q
Name 11 r -' c
Address
Name
Address
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 $3,00--made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed 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 further 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 ap-
plication and follow-up monitoring of project.
This is the 13! day of
19.?? ?
.
X
L do ner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
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4000 11121;,on '119
88
OE,Iq lional Office
RECEIVED
AUG 19 1988
/ Wilr,,ington Regional Office
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Wilmington Regional Offic3 \\?
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aH rrN rrt?uK PHASE ONE
TOPSAIL TOWNSHIP ' PENDER COUNTY, NC
PROPER?'Y , OF PH LANCO, INC
5 EYED APRIL 1985 BY
J1'IMMYFCAIN, R. LS