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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 r UI !' Yc 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 ---------------------- \ .0 1 111TAMER CREEIf EASTERN BRANCH EXrsrin ? .? oOCV R1tD4R14N40 L/M/T aY ?• R/PAR/QN ,?s¢ /_ S L/ivT EX/SrNa ? DOCK / c' l ys. EX/ST/NG ??•o,,s DOCK EX/ST/NG I B!/LK/EAD 1 °s?•r ? / r 1 l? Ir 1?Ac LOT 22 I I m 1 1 ? .•`?r CA R? I I OFES$1pN••. .yam. o Q! ' 1 Q ; AL I ?. 61532 Q • l t i of, •?? Qtr - c ' F ?? t l 1? N H A ;.? •, W 1 ` Z LOT 2/ Z NOTE: SOUND/NGS IN FEET v NcvO. REIl/S/ON: Re SEO FEB. 24, 19B REV/15D NOV //, 19,919 8Y A. HUGH HARRIS, 1R DOCK Profession/ Engineer - R. L. S. ORIENTAL , N. C. ®V SHEET 2 of 2 OCT. 3, /987 0 LOT 8 Fp 9 P., I F- DEC Z 0 7 1988 , J u L - - - - - - - - - - - - - - - - - - - - - - - SCALE: /" = 50 M SC ?L I , i 2 i v r ' - CAa/YSt/ LMe 40' Eosemen/ 40' EOSemen/ LOT A 9 / / 427' .•? 3.99.6 1 }.. ~ . 4269' i 1 1 :t -• ..::. `S'HITAiYER GREEiY L `?g25 0 . q •.. 4 SUS f-] (fin r UGH r?JDEC07198 A, HUOll 11,4R4/S, ?R. PROFESSIONAL ENS/NEER, RL. S. ORIENTAL, N. C. NO //, 199,9 S11T. / o/ / SCALE: /" = 100' ORWN. BY ?d A 04N/EL FOIPIW 1N, Jf ORIENTAL, NC NO. 2, I-OWIVS14f pwfuw ' CO. , NC r ?f f? I .. . t SE'lrn• r V•; ?, SIR SKII??ERr \• y r 1 ' r r ? r r (v r a?- I t r \ 8Y A. HUGH HARRIS, ?R. Profession/ Engineer - RL. • ORIENTAL, N. C. SHEET /of 2 OCT. 3, 1987 1 I a \/ C;R/c A T<.'L ^.E7lSL• R/ VCR lf ? 9 v ct ? §-?i? 7 i ft- y t 7 r - ? r '? , ? X15 t i . ?rt V ? T ?`- tt 1 _ S? 1M r f t ? {i' n ,a ?r y4A "r ?/-Y ... 19av; .tr r` fl SCALE J ?? ?? 4??f7f.1 FR ofr r n.. LOCATION AND VICINIFY,11APS ORIENTAL 'J TOWNSHIP NO. 2 PAMLICO CO h