HomeMy WebLinkAbout19890100 Ver 1_Complete File_19890101I •- j
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Commen4, concern-ing an application.for State Federal CAMA Permit(s) from
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This 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. CERTIFIQATION STATUS:
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
or 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 construct ion.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONME NTAL MANAGEMENT
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OPERAT; oi,vs ?P ?rvl'
DIVISION OF COASTAL MANAGEMENT Lat:35002104"
FIELD INVESTIGATION REPORT Long:76°40158"
1. APPLICANT'S NAME Channel Strip Lotowners Association/Dan Forman
2. LOCATION OF PROJECT SITE off east branch of Whitaker Creek,
between Seafarer Dr. & Skippers Circle, Oriental, Pamlico County_1_
* SEE 1984 AERIAL PHOTO #52-1236 F-11 & 12.
3. INVESTIGATION TYPE: DREDGE & FILL CANA X (ONLY)
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 10-7-87
(B) WAS APPLICANT PRESENT YES
REVISED: December 7, 1988
5. PROCESSING PROCEDURE: APPLICATION RECEIVED July 16, 1988
OFFICE Morehead City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Oriental
LAND CLASSIFICATION FROM LUP Transition
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS X PUBLIC TRUST WATERS _X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING Town sewer system
PLANNED SAME
(F) TYPE OF STRUCTURES: EXISTING individual homes in subdivision
PLANNED community pier
(G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED 1050OTHERft
Juncus roemerianus -
walkway
(B) NON-VEGETATED WETLANDS: 2730 sg.ft
public trust waters - pier
(C) OTHER:
NONE
(D) TOTAL AREA DISTURBED: Approximately 3,000 sq. ft.
8. PROJECT SUMMARY: Applicant's proposed project is a community dock
with 6 slips extending from a channel easement.
FIELD INVESTIGATION REPORT - CHANNEL STRIP LOTOWNERS ASSOCIATION
DAN FORMAN, PAMLICO COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION: Applicant's property is located
between Seafarer Drive and Skippers Circle, on Pierce
Creek, in Oriental, Pamlico County. The property is an 80'
wide channel easement with a Juncus romerianus marsh of
approximately 150' x 70' at the waterward end. The easement
is approximately 600' long and borders along 14 individual
lots, 3 of which already have water access. The easement
was originally established for construction of a canal to
provide water access to all 14 lots. However, permits to
dig them through the marsh and construct the proposed
channel in a primary nursery area are most likely not
obtainable. Therefore, the applicant (Channel Strip
Lotowners Association) is proposing to construct a 95' long
pier with a 48' x 6' 'T' at the waterward end with tie
pilings to provide 6 slips. The tie pilings will be located
29' off the end of the 'T'.
Total effective pier length, therefore, will be 130'. A
175' x 6' walkway over the Juncus roemerianus marsh will
provide access to the pier. Water depths at the end of the
pier, according to the applicant, are -3.5 NWL. Since this
is a community dock, a Major Permit is required.
10. ANTICIPATED IMPACTS: The project as proposed would cover
approximately 2730 sq. ft. of public trust waters with the
pier.
This project has generated a great deal of controversy and
has been submitted in various forms over the last two (2)
years. The two most controversial issues have been:
(1) Does the applicant have the right to apply for a
permit?
(2) Does the proposed project interfere with adjacent
riparian landowners riparian rights?
The waters of Whitaker Creek are closed to shellfishing by the
Division of Health Services, classified as 'SC' by the Division
of Environmental Management, and are designated as a Primary
Nursery Area by the Division of Marine Fisheries.
----------------- ---
PREPARED BY: W. DAVID NOBLE
DATE: JANUARY 6, 1989
Please type 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.
J - APPLICANT
a. Name The , hannel Strip Lotowners
Address P -Roo i 5
City nr_i_ental State N(
Zip 98_571 Day phone 919-249- 666
Landowner or x Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give
the owner's name and address.
ee Enclosed
__2 'LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Seafarer Dr. & Skippers Cir,
b. City, town, community, or landmark
Oriental
c. County Pamlico
d. Is proposed work within city limits or PX`r Kg
*xx&xaa1? within City Limits
e. Name of body of water nearest project
East Branch of Whittaker Creek
j 3 DESCRIPTION AND PLANNED
-USE. OF PROPOSED PROJECT.
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Pier
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?
New Work
c. Will the project be for community, private, or
commercial use?
Private( (? ( Y
JUN
d. Describe the planned use of the project.
a. Size of entire tract
Assoc . Size of individual lot(s) 1/2 acre +
c. Elevation of tract above mean sea level ?or Na-
tional Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
clay & sand
e. Vegetation on tract yes, 0 ak ,Maple ,
Pine.
f. Man-made features now on tract none
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?
No Zoning
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? N o
If so, by whom?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any
upland development.
a. Type and number of buildings,
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
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?
e the percentage of the tract within 75 feet
can high water to be covered by im-
p cable surfaces, such as pavement,
7 1988 b ings, or rooftops.
facilities, or
t
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
Describe location and type of di!icharges to
waters of the state (for example surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
M.
n.
Water supply source
If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o.
If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 'EXCAVATION AND"FILL -s
INFORMATION!:
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Nom?
b. Amount of material to be excavated from
below water level in cubic yards
c. Type of material
d. Does the area to be excavated include marsh-
land, swamps, or other ? wetlands?
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
i.
I.
k.
M.
n.
o.
P.
q•
If not, attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance?/
If so, where?
Does the disposal area include any marshland,
swamplland,lor water areas?
Will the fill material be placed below mean
high water?
Amount of fill in cubic yards
Type of fill material
Source of fill material
Will fill material be placed on marsh or other
wetlands?
Dimensions of the wetland to be filled
How will excavated or fill material be kept on
site and erosion controlled?
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
s. Will wetlands be crossed in transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
SHORELINE STA:BIIZA,TION'- ;
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2
1.8 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 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 we 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 William R. and Joy Lee Eppes
Address 416 South ..St -
Mansfieldy Ilia. 02048
Name I4r. Racy A1artinez
Address 1707 Rospsvood-Llr -
Greenville, Il tom. 27858
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 $100 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).
9 CERTIFICATION AND' PERMIS
'SION TO` ENTER ON LAID . t "?
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 /day of ///7E
19Q_. n00 /: I
0 N hli?
Landowner or Aut orized 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.
r JUN 0 7 1988
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