HomeMy WebLinkAbout19960765 Ver 1_COMPLETE FILE_19960812State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Water Quality a
001
Jamesa Hunt, Jr., Governor
Jonathan B. Howes, Secretary
p EH N R
A. Preston Howard, Jr., P.E., Director
August 29, 1996
Perquimans County
DWQ Project # 960765
COE# 199604908
APPROVAL of 401 Water Quality Certification
Holiday Island HOA
5400 Holiday Lane
Hertford, NC 27944
Dear Sirs:
You have our approval to place fill material in 0.075 acres of waters for the purpose of replacing a
wooden bulkhead at Holiday Island Clubhouse facility, as you described in your application dated 5 August
1996. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3025.
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 you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
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. 276 1 1-7447. 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 John Dorney at 919-733-1786.
Sincerely,
ton Ho ,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
960765.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10°x6 post consumer paper
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t To: John Dorney
Planning Branch
1.
DIVISION OF ENVIROWM4TAr MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # p yq?. D C/ 1) WQ SUPERVISOR: TH
REVIEWER: SAWYER DATE: OC/IQ
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING `
PERMIT YR: 9 PERMI N0.• COUNTY:
PROJECT NAME:
PROJECT TYPE: •?? TYPE: 'COB
COE
RCD FROM CDA: DATE FROM CDA: X
REG OFFICE: WaROj?,AND?j UB BASIN
STREAM ORADJACENT WATER BODY: td r. a-r?cY
CLASS: S'J STREAM INDEX 30
OPEN OR OS
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE. ING SHEET ATTACHED?
RECOMMENDATION: • 09ISSUE/COND DENY HOLD
STORMWATER PLAN RE 'D:
Q IF YES, DATE APPROVED:
POJECT DESCRIPTION:
WATER UAIJTY CERT. (401)
CERT. REQ'D:
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL
EXI TIN ROPOSED, SEPTIC TANK ETC.)
TO BE PERMITT?
HS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: 32-44 D WETLAND: ?
IS FILL ELIMINATING A SIGNIFICANT S ? /1l
DREDGING
AREA TO BE DREDGED:
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? IY71-
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; CUE Washington Office
r
r
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
To: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
From: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
Date:
Subject: Request for Stormwater Review of Section 401 Applications
PROJECT NAME:
PROJECT NUMBER: e) - U
DATE RECEIVED:
DATE FINAL COMMENT: : /-3 /57
NOTE: See attached description of project
COMMENTS:
DEHNR Fax : 9199753716 Aug 7 '96 13:59
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
LAMA/COI PERMIT ,APPLICATION RZVIRW
WaRO PROJECT f WQ S13'PERVISORs TH
REVIEWER: SAWYER ` DATE: ?W'? ^ 61
WATER QUALI'TY' CUT. (401)
P. 02/05
W?'LAbID INFORMATION FOR CMfXRAL OFFICE TRACXTRG l
PERMIT YR 1 9 PM MQ 7?? COUNTY: ? ?' c??"t- •.- .?,,_.?
PROJECT NAME. I.-
' ?f
PROJECT TYPE:??? •P? TYPE
COE ,f: : . _: COE
RCD FROM CDA: (y DATE FROM CDAa 1811 .-
RW OFFICE: W&RO 1?L??SUB BASIN #
STRUM 0 ADJACENT WATER BODY: d?G? . ` ?-a+?
WL sTREAM Dmmr .3a
CLASS! R'S-7-
OPEN OR IMPACTS ? AWL TYPE:
WL RMUZSTFD: WL ACR PSTs
RXDRO C'NECT?: WL SCORE:
HITICATTON: MITICATION TYPES
MITIGATION SIZE- YNG SHEET ATTACREU?
REr1WMVXnATIONs Zi ISSUE1rr%M DENY HOLD
5TORMWATER PLAN RE.?
Q'D: IF YES, DATE APP30VED:
P,
OJECT DESCRIPTION:
CERT. REQ ID: ?f
IF YES, TYPE: -? .r?
SEWAGE DISPOSAL
TYPE OF DISPOSAL.-
SEPTIC TANK FTC.
)
TO BE PEp.MI'T'T'
US, COUNTY)
IF BY DEM. IS SITE AVAILAILE AND PERMIT ISSUANCE PRCEABLE:
WATER/WETI.M VILL
AREA OF FILLS WATER: WETLAND; IS FILL ELIMINATING A SIGNIFICANT W?
]DREDGING
AREA TO BE DREDGED:
15 DREDGING ACTIVITY EXPECTED TO CAUSE A STGNTFICAN'T LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSkI)?
MARINA ?,
ARE THE FOLLOWING ADEQUATELY ADDRESSED? e7-Z(?!-
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Camtral Files; DQ4 Field Offices; 07z Washington Office
^4 .*
DEHNR
M MORANDUM
Fax:9199753716 Aug 7 '96 14:00 P.03/05
DIVISION OF ENVIRONMENTAL MANAGEMENT
To: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
From: Deborah Sawyer, Environmental Technician
Water Quality Saotion, WaRO
Date:
Subject: Regaest for Stormwater Review of Section 401 Appliodtions
PROJECT NAME:
PROJECT NUMBER:
DATE RECEIVED:
DATE FINAL COMMENT:
? M
NOTE: See attached description of project
COMMENTS:
I
ft
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
? (65
1. APPLICANT'S NAME: Holiday Island Property Owners Association
2. LOCATION OF PROJECT SITE: Perquimans County, Albemarle Sound-Harvey Neck
Photo Index - 1995:157-1616, M-23 1989: 116-4, R-10
State Plane Coordinates - X:2733800 Y: 858600
3. INVESTIGATION TYPE: CAMA/D&F RECEIVED
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/17/96;7/15/96 AUG 1-21996
Was Applicant Present - Yes;No ENVIRONMENTAL SCIENCES
'o ,,.u
5. PROCESSING PROCEDURE: Application Received -
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Perquimans County Land-Use Plan Update, 1993
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW/PTW
(C) Water Dependent: yes
(D) Intended Use: private
(E) Wastewater Treatment: Existing - package plant
Planned - none
(F) Type of Structures: Existing - POA Pool and Clubhouse, bulkhead and pier
Planned - new bulkhead
(G) Estimated Annual Rate of Erosion: 6 - 7 ft. per year where bulkhead has failed
Source - applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
GRADING
(A) Vegetated Wetlands
(B) Public Trust Waters 3240 sf. (0.075A)
Estuarine Waters
(C) Esturine Shoreline/ 12,000 sf. (0.276A)
Upland
(D) Total Area Disturbed: 0.351 A.
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: NA
8. PROJECT SUMMARY: Replacement of 612 ft. of wooden bulkhead along the Albemarle Sound
near the Holiday Island Clubhouse facility.
f
HOLIDAY ISLAND PROPERTY
OWNERS ASSOCIATION
BIO REPORT
Page Two
Proposed Work
The applicant, Holiday Island property Owners Association, proposes to construct 612 ft. of wooden
bulkhead along Estuarine Shoreline of the Albemarle Sound. The applicant proposes a new bulkhead
average alignment of 4 ft. waterward of the existing bulkhead. A length of the existing bulkhead structure
of about 50 ft. has completely failed. The proposed maximum alignment at this area is about 20 ft. Recent
hurricane damage to this shoreline since this applications preparation may have increased this distance.
The applicants propose to replace the entire bulkhead alignment and then backfill and grade 600 ft. by 20
ft. area of the adjacent Estuarine Shoreline.
Site Description
The applicant proposes to replace over six hundred feet of wooden bulkhead at its clubhouse facility at
Holiday Island in Perquimans County, east of Yeopim Creek along the Albemarle Sound.
The Holiday Island POA facility includes several hundred feet of Estuarine Shoreline. A clubhouse, pool,
asphalt parking lot and tennis court are located greater than 75 ft from the NWL and are outside the
Estuarine Shoreline AEC. The shoreline adjacent to the existing bulkhead is an elevation of about six ft.
above the NWL and is vegetated in lawn grasses. The waters of the Albemarle Sound are classified by the
Division of Marine Fisheries as Joint Waters. These waters are classified by the Division of Coastal
Management as both Public Trust and Estuarine Waters and are part of the Estuarine System of
Environmental Concern.
Anticipated Impacts
The proposed work will not impact any vegetated wetlands but will impact 3,240 sf. of Public Trust
Waters. Bulkhead construction will result in a temporary increase in turbidity of adjacent waters. The
current bulkhead wall is allowing significant erosion to occur each day. So that turbidity and erosion can
be reduced, the bulkhead should be replaced or repaired as soon as possible.
CAMA Review
A review of the County LUP as it pertains to this project will be forwarded at a later date.
1
Submitted by Dennis W. Hawthorn, July 31, 1996
it
lo
Form DCM-MP-1
APPLICATION
RECEIVEn
JUL 1 1996
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name A-6'41rk- n? o.
Address
City - rr-f State Ci
Day Phone '17 -- 3 7
Zip
Fax 1 X91
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any)
NOTE: Permit will be issued in name of kvwlawner(s), tad/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County l 5
b. Ci town, commune or land ark
s/?N '
c. Street address or secondary ro Qumber
_- oil cl O F 57?;rq XZ--
d. Is proposed work in city limits or planning
. jurisdiction? Yes No
e. Name of body of wat nearest project (e.g. river,
creek, sound, bay) m???? ?yr1 d
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.
v ??f O? c?yn?
b. Is the proposed activity maintenance of an existing
project, new work, or both?
c. Will the project be for public, private or commercial
use? r r Vel rze
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more s ace is needed, please attach
additional pages. C012 re'
Revised 0j&5
Form DCM-MP-1
?UL
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s) 70 X14 (2 /-
c. • Approximate elevation of tract above MHW or.
NWL ?? ??cb f
d. Soil type(s) and texture(s) of act
e. Vegetation on tract 0 t_0(5;0r f. Man-made features now on tract
?l
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by locaj government?
i. Is the proposed ject consistent with the applicable
zoning? es No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assess?uent been
done for the tract? Yes ./ No
If yes, by whoml
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or a igible property?
Yes No
Are there wetlands on the site? Yes / No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe exi ti ig wastewa r treatme t facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residents disch ges.)
J
o. Describe x'sting drinking water supply sour e.
abfI4 e-M-. > > 1r
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 I1" 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
Revised 03/95
Form DCM-MP-1
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
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 (^1 A Y7 P '
Address
Phone 4aC' q
Name ?Vl ((1 Gt1:? / der GV 1e
-`''`C'hi%%?
Address.
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on,the project tract. Include permit numbers,
permittee, and issuing dates.
G PA 540'73 a P4 S<7231
G PA l a -5q. G PP I aq 6.7
//19 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 day of
Print Name
Signature
Landowner or Authorized
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DC?3 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
FILL
AND
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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
Eidcting 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
a. Amount of material to be excavated from below
MHW or NWL in cubic yards CID
b. Type of material to be excavated C:?)
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards C7)
2. DISPOSAL OF EXCAVATED
MATERIAL
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
Nt-N P-2
Joes the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
-yes -No
Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
T e f shoreline stabilization
Bulkhead Riprap
b. Length _ 62 1_ rT
Average distance waterward of MHW or NWL
4 1=T
d. Maximum distance waterward of MHW or NWL
zo Fr
If yes,
(1) Amount of material to be placed in the
water bliU
(2) Dimensions of fill area 6x3o '>e Te
(3) Purpose of fill es- 6c'ffll kL(1- t 1-A"44
Gl_,j6 lJoi)S7 FA-CLt_tz/
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes C 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? E1-c51 Uxi 60KIT O -
3-KQLZJ2TS - 511x-[ F-?.•,.t ciz A-• o
e. Shoreline erosion during preceding 12 months
10 FT
(Source of infonWiOn)
f. Type of bulkhead or riprap material w000
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap -
(2) Bulkhead backfill
h. Type of fill material 52??
i. Source of fill material LV4
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
_ CX Yes No
kle - 5rS01-J (T-
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? ??? -[AIL-C
$A-KrtUCi , TRVC.KS , a2
c. Will wetlands be cr3ssed in transporting equipment
to project site? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
App man?or j Name
? J
Signature
Date
Revised 03195
10
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REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199604908
August 7, 1996
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Please reference the application of the Holiday Island Property Owners
Association for Department of the Army (DA) authorization and a State Water
Quality Certification to replace an existing bulkhead waterward of the
original alignment, on property owned by the Holiday Island Property Owners
Association, located off State Road 1347, adjacent the Albemarle Sound, near
Harveys Neck, Perquimans County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by October 4, 1996, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone (919) 975-1616, extension 23.
Sincerely,
' 12 . u4I4
Raleigh and, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890