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HomeMy WebLinkAbout19880004 Ver 1_COMPLETE FILE_19880101Permit Class NEW STATE OF NORTH CAROLINA Department of Natural 1 nd, Community Development a Mai a ?a 1 be 1 p nt ink in -to N 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 GO uv!A4+??tti q!' Y? •j...i•. 0? 7 LAVIN OFFICE OF }.?;ti •551 :?iU1i.3!4 .i.Cu:.±•'.. r.. Vl'. i;:C NO e?c S? ca1 Pt 113 N., 1`1GGS a?`11 9 G G ??al`3 ti15 NISceal ?] aG ?y S 1 `ll ces te?° otk tits 6A cb asefiet`c'.1?C °t O e ? °{ 1??9 ? G ? • aced X11 c s a?i?abs ',(O N O??P? ?sea?d'?'? ac?°ts P ?y aces a G ?? c?cc`° acets ??ve a9a ;al 00 es G°{`s able o4 c1,e -ac area O'? ??l` ?] acet NO- ata?efi aide ate G1eari OR G°ascal ac,ry ??SC ecla ? C OR cue il"` is t? O etc vt` OL O? O? • tiU's`? e4a? G°?fi Secc, 00?0 c 4 ?,a y ct? C 'so va 0 4,% ?' cJ fi °?O,s Fob p??l? 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. v 0 V Cam'' _ ? / X 1 4000 11121;,on '119 88 OE,Iq lional Office RECEIVED AUG 19 1988 / Wilr,,ington Regional Office to COM14 Fka iNirJ? F n ? Buck, N.?z? Pu E? ?4,0 1 f rwK .. J •p1 ''•,, t f ,\ FGT \q? Il? ?,y x 1/ '? o q?. a ^ 41 '80 c" Arf? .- S ' ` 1i`rf 41, 4r lO''?a• r .^ >•r'.? ?l x`652 •ol y1. ,.ate ,?• ,??aN>KN/• I ,t rZ?'GL C ?s ?}./ .rY I hi /,l RECEIVED auG 1 9 1988 Wilmington Regional Offic3 \\? SAY AM~ ORrfC__ MK N.l V L,rR ; V 'Z i N. r / \. antAN qG? y adz ? ? .? •Y + i^ 1i,?,? It+rw X29 Xe t0.'o*r \ NQ•LM?Y ; h11' V + iLYYS ./ SOP !'Yr/ti+V Ir [tUJAC` L 0 ,NNOrrr f ?+?{ j \ I I l AvM-ppopeRrr t,NC'S M6V OI MAR57lfWPf MA M? UAW. S.-,Lr IMEr£R/ Q` CREEX OR SOLAO y iN ?o +f w8 4 I H i ry l O l l I 6VA0[ 1 1¢KA I t A?t I b?y 1 ' y? NOM. PROp£RrY LI/4 /S £O ANON NAT" LINE, SAL a, CREEK OR 50Lwo C f r O y 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