HomeMy WebLinkAbout19970788 Ver 1_COMPLETE FILE_19970915St4e of North Carolina
D9parylnent of Environment,
HealttpM? and Natural Resources •
Division of Water Quality
?r
5ames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary ID E H N R
A. Preston Howard, Jr., P.E., Director
October 21, 1997
Perquimans County
WQC 401 Project #970788
COE #199706965
APPROVAL of 401 Water Quality Certification
Mr. Alfred & Ms. Gloria Roth
Route 3
Hertford, NC 27944
Dear Mr. & Ms. Roth:
You have our approval, in accordance with the attached conditions, to place fill material in 0.1 acres of
wetlands or waters for the purpose of constructing a bulkhead and jetty at lots 6,7,A Little River Estates, as you
described in your application dated September 15, 1997. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified
in the General Certification.
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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed
in the attached certification.
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. 27611-7447. 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 How Jr. P.E.
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
9707881tr
Division of Water Quality • Non-Discharge Branch
,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO September 16, 1997
ATTENTION OF
Regulatory Branch
Action ID No. 199706965
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
` ECEIVED
SEP 2 2 1997
,FJW1RrwWftIT' LSC6N0ES
Please reference the application of Alfred and Gloria Roth for Department of the Army
(DA) authorization and a State Water Quality Certification to construct a bulkhead and place
fill material within freshwater wetlands, on property identified as Lots 6 and 7, Section A,
Little River Estates, located off State Road 1406, adjacent the Little River, near New Hope,
in 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.
In accordance with our administrative regulations, in most cases, 60 days after
receipt of a request for certification is a reasonable time for State action. Therefore, if you
have not acted on the request, or asked for an extension of time, by November 17, 1997,
the District Engineer will deem that waiver has occurred.
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone (919) 975-1616, extension 23.
Sincerely,
kRL?"-
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aleigh Bland, P.W.S.
Regulatory Project Manager
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
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REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199706965
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON; NORTH CAROLINA 28402-1890
September 16, 1997
Alfred and Gloria Roth
Post Office Box 731
Hertford, North Carolina 27944
Dear Mr. and Mrs. Roth:
On August 5, 1996, we renewed General Permit No. 198000291 (copy enclosed),
which provides Federal authorization for construction activities that receive authorization
from the State of North Carolina.
A review of your application received September 11, 1997, for Department of the
Army (DA) authorization to construct a bulkhead and place fill material within freshwater
wetlands, on property identified as Lots 6 and 7, Section A, Little River Estates, located off
State Road 1406, adjacent the Little River, near New Hope, in Perquimans County, North
Carolina , indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments from
Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for any
reason, you will be informed regarding its further management. If there are no unresolved
differences in State-Federal positions or policies, the final action taken on your application
by the State will result in your receiving written notice from us that your application is
consistent with the general permit and you may commence your activity. Only after
receiving such confirmation should you be¢in work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199706965 and
-2-
will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office.
Mr. Bland is available at telephone (919) 975-1616, extension 23.
Sincerely,
sleigh Bland, 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
r Raleigh, North Carolina 27611-7687
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
J
-3-
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands, Oceans, and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
r
4 ?
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT 9 7 0 7 8 8
1. APPLICANT'S NAME: Alfred and Gloria Roth
2. LOCATION OF PROJECT SITE: Lots 6,7,A Little River Estates, SR 1406, Sharon Drive, New
Hope, Perquimans County, Little River
Photo Index - 1995: 162-1665 (N-4,5) 1989:121-11 (Q-17,18)
1984: 118-829 (E-8) 1978: 130-1304 (C-15) N 1 1991
State Plane Coordinates - X: 2807360 Y: 891800 L)PL
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/21/97, 08/28/97
Was Applicant Present - Yes, Yes
EWIRnnWt ITALSCIENCES
5. PROCESSING PROCEDURE: Application Received - July 22, 1997 - Complete August 28, 1997
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Perquimans County
Land Classification From LUP - Conservation, Community
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private, Residential
(E) Wastewater Treatment: Existing - Septic field
Planned - N/A
(F) Type of Structures: Existing - Single family dwelling, 389 feet of bulkhead
Planned - 193 feet of bulkhead, 30 foot jetty v
(G) Estimated Annual Rate of Erosion: 2 Feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
ES . 2,960 square feet
(B) Non-Vegetated Wetlands Jetty Footprint
PT, EW 45 square feet
(C) Other
ES 1,310 square feet
(D) Total Area Disturbed: 4,315 square feet (.099 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: Construct 193 feet of bulkhead through a wetland area and landward of the
NWL and fill 2,960 square feet of freshwater wetlands. The applicant proposes to construct a 30 foot
jetty and to fill low areas in his yard located in the ES that total 1,310 square feet.
L
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name ALFRED -i C?LdRtJ? ReT
Address R T• 3 6 OX
G
City t1ERT Fo R 17 State )Y
Zip A 71 *4- Day Phone 2& `f
Fax 44,4- 4-3k -<
RECEIVPT)
jul 2 2 1997
b. City, town, community or landmark
NEW i? a?
c. Street address or secondary road number
6-r"3 G'n x
d. Is proposed work within city limits or planning
jurisdiction? Yes ? No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) L i -r.--r L-C-- R ? V L-:K
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any)
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County p E R qu t M g MS
Revised 03/95
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
(_oNSTRULT 13U LK 14Eno -
w 6 TH 3 Rf-!•C S I L L
GRRVe Yr4RD
13ut4-D ?!-E'rT?/
b. Is the proposed activity maintenance of an existing
project, new work, or both? tVMW 1, 6KK
c. Will the project be for public, private or commercial
use? i ?eR i VA-Fr--
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. U 5 r B f-(i-K d,0 R AAJD
,JE; pJ"F Tc SET r3trLk1iE'09D
JJ51= D o Z t ER -/-M R A 'L'TV r1';Z T-
LEviEE'L YARD- YARD WILL,
13c 5? Ei?CQ .
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 MR-4MK5 PAyiO NfL.E5
Address 53'7 -PR2 rjTi 55 Dk-
Phone Cf4M5APcKe VA, 433-2o
Name MR- WILL1flJ4 MaRRcW
Address R-r: 3 13 Cx .5'45-
Phone L t t4 ca LNTa N N• e, art,
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.
6- t' - S37 S 14
• 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.
JAL 2 ?
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 a 1 day of Tu i)? , 19 7 T
Print Name &? oR r?+ r'C o -t `i
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
? DCM MP-2 Excavation and Fill Information
DCM 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
e. Does the disposal area include any pagital wetlands
(marsh), SAVs or other wetlan
Yes No
f. Does the dispos include any area ' the water?
Y No
3. SHORELINE STABILIZATION
a. Type of horeline stabilization
Bulkhead Riprap
b. Length /! :? x
4-ANO tva 9JO
c. Average distance vmdaeswd of MHW or NWL
Lrty d ?a??ep
d. Maximum distance watmusei of MHW or NWL
7
e. Shoreline erosion during preceding 12 months
,2 Fee-r-
(Source of inforn otion) O 13Se P V riT/o v
f. Type of bulkhead or riprap material -t-y' L7?76-4
to cod
g. Amount of fill in cubic yards to -be placed below
water level
(1) Riprap 0
(2) Bulkhead backfill o
h. Type of fill material
i. Source of fill material up)I'Vv/d CVtr"''C e.
T
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fi 1 material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
ti/ Yes No
If yes, ,
(1) Dimensions of fill area VA-klous ceNaT
a-- 9 0
0 4-q-
(2) Purpose of fill SRS
5. GENERAL .
a. How will excavated or fill material be kept on site
and erosion controlled?
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
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.
,41- PkC-76 7--c-L4 X0III
Applicant or Project Name I
Signature
Date
Revised 03/95
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