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HomeMy WebLinkAbout19980464 Ver 1_COMPLETE FILE_19980526State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director LTZ'M";W'J NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 29, 1998 Carteret County WQC 401 Project #980464 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Mr. Jeffrey Cheney 2008 Glenwood Avenue Raleigh, NC 27608 Dear Mr. Cheney: You have our approval, in accordance with the attached conditions, to fill in 0.14 acres of waters for the purpose of restoring a bulkhead at 2496 Cedar Island Road as you described in your application dated May 26, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. This approval is also valid for the Neuse River buffer rules (15A NCAC 213 .0233). 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 Stotmwater, 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 send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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 condi ions 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. 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 Domey at 919-733-1786. or- Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Domey Central Files John Parker, DCM Sincerely, st ONPrton owar , Jr. P 980464.1tr 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 Aff irmative Action Employer - 50% recycled/10% post consumer paper To: John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY -C? ?1 S fpl! Z l 8 I i:w .!1 t REVIEWER: STEENHUIS ACTING WQ SUPERVISOR: SHIVER DATE: June 12, 1998 G a - _ _ . m •.""' WETLAND INFORMATION FOR CENTRAL OFFICE TRACKIN PERMIT YR: 98 PERMIT NO.: 980464 COUNTY: Carteret Counfy-_ PROJECT NAME: Jeffrey L. Cheney\ 2496 Cedar Island Rd. PROJECT TYPE: Fill PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: May 21, 1998 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030410 *STREAM OR ADJACENT WATER BODY: Cedar Island Bay CLASS: SA, ORW & NSW STREAM INDEX #: 27-149-4 *OPEN OR CLOSED: OPEN WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ' D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: Applicant proposes to recover land lost during recent years and stabilize his shoreline by constructing a bulkhead in line with the bulkhead to the north and rip rap to the south. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification # 3112 for CAMA Permits SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FH.I. AREA OF FILL - WATER: 0.14 ac N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A 980464.June Page Two MABIN ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOADIENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. This project is subject to the Neuse Basin Rules and its required buffers. cc: Central Files - John Dorney Wilmington Regional Office Files DCM-Tere Barrett John Parker NORTH CAROLINA DEPARTMENT OF ?? ENVIRONMENT AND NATURAL RESOURCES 5 '1 \ DIVISION OF COASTAL MANAGEMENT r1- ' T IwICQ??IR May 18, 1998 D CE I VJAMES B. HUNTJR. MAY GOVERNOR /i ? 998 MEMORANDUM: DIVISION OF TO: Mr. A. Preston Howard, P.E., Dir forTAL MANAGEMENT WAYNE MCDEvITT Division of Water Quality SECRETARY FROM: John R. Parker, Jr. Major Permits Processing Coordinator ROGER N. SCHECtER bIREcNOR. SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jeffrey L. Cheney Project Location: Adjacent to Cedar Island Bay at 2496 Cedar Island Rd., Hwy 12, Carteret County Proposed Project: To recover land lost during recent years and stabilize his shoreline by constructing a bulkhead to the north and the rip rap to the south. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 8, 1998. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE MOREHEAD CITY OFFICE HESTRON PLAZA II 151-B HIGHWAY 24 MOREHEAD CITY NC 28557 PHONE 919- 808-2808 FAX 91 9-247-3330 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jeffrey L. Cheney 2. LOCATION OF PROJECT SITE: Adjacent to Cedar Island Bay at 2496 Cedar Island Rd. (Highway 12) in Carteret County. Photo Index - 1995: 57-670, grid K-8 1990: 204-3, grid J-21 State Plane Coordinates - X: 2808600 Y:460300 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/5/98; 5/14/98 Was Applicant Present - Yes; No 5. PROCESSING PROCEDURE: Application Received - cc: 5/18/98 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/Conservation (B) AEC(s) Involved: EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - None Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 2'/Year Source - Applicant 7 HABITAT DESCRIPTION: [AREA] nRFnnP n 'TT T TM nrruL'U (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Shallow Bottom Area 6222 sf High Ground 1830 sf (D) Total Area Disturbed: 8052 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA ORW NSW Open: Yes 8 PROJECT SUMMARY: Applicant proposes to recover land lost during recent years and stabilize his shoreline by constructing a bulkhead in line with the bulkhead to the north and the rip rap to the south. FIELD INVESTIGATION REPORT: Jeffrey L. Cheney PAGE #2 9. NARRATIVE DESCRIPTION: The project site is located adjacent to Cedar Island Bay, at 2496 Cedar Island Road (Highway 12), in Carteret County. This area is one of low density residential development. The project tract is approximately .8 acres in size, and ranges from +65 to +87 mean sea level in elevation. The tract is undeveloped, and vegetated with pines and oaks with a shrub/scrub understory. At the water's edge, there is a 2' to 3' escarpment, leading to a sandy shoreline littered with relic tree stumps. The Carteret County Land Use Plan classifies this area as Rural, with those areas within CAMA Areas of Environmental Concern classified as Conservation. The Division of Marine Fisheries has designated this portion of Cedar Island Bay as a Primary Nursery Area; it is open to the taking of shellfish for consumption; and the Division of Water Quality has classified the waters of the bay as SA, Outstanding Resource Waters, Nutrient Sensitive Waters. There is no evidence of a shellfish resource within the project area. The applicant proposes to construct a traditional timber bulkhead wall adjacent to Cedar Island Bay for the purpose of shoreline stabilization. While the applicant has indicated a 2' shoreline loss due to erosion over the past year, he claims to have lost approximately 34' during recent years. Aerial photography would support this claim. The 1990 photography shows that the shoreline at that time was even with the bulkhead to the north, and the riprap to the south. The 1995 photography shows that the shoreline adjacent to the project site has receded approximately 35'. The proposal is to align the proposed 183' bulkhead with the bulkhead to the north and the riprap to the south. This would place the wall an average of 34' from the normal high water contour, with a maximum distance of 36'. The proposal would require the filling of the sandy shoreline with approximately 500 cubic yards of material to be purchased from a high ground source. The intended use of the project site is for eventual residential development. The applicant has an offer to purchase on the property. There is a letter on file from the property owner, Clancy and Theys Construction, authorizing the applicant to apply for this project. 10. ANTICIPATED IMPACTS: The project as proposed will require the filling of approximately 6222 square feet of shallow bottom area with approximately 500 cubic yards of material. There will be a disturbance of approximately 1830 squard feet of adjacent shoreline for the installation of cables and deadmen. Short term turbidity impacts can be expected during construction. May 18, 1998 T. Barrett Morehead City Form DCM tiff-Z 'AfRPLICATION (To be empleted by all Applicants) 1. APPUCANT a. Landowner: NAMe Addrtss to " g-??t1tU4Qc? ??E City 3 ??,,\ : ' .... State Day Fh0ne'1-1•-M'2t- 3 Fax C? \0k --35 5 - 3C( ` k? b. Authcrir.M A;;Bnt: b. City, tto?wn community or;pdmark C? -= %6 %.rd c, Street address or sec>}ruIary road gum ' ' Lp Cesar rs 1. d. Is proposed work within city limfts or plannIr lurisdicdon? Yes C _ No e. Nance of Wy of wer nearest project (e.g. river, creels, sound, bay) t' -r,1..R -22?j? 3. D.ESCHIMON ND PLANNED USE OF PROPOSED PROJECT Nama '?7s2.s- ?\ ? S> ? a. I.,sc iul deeloprncm activities; you propose (e.g, building a borne, motel, marina, buikhe2d, pier, an„ excavation and/or filling activities. CityJ?U fi \ State Zip L65 L to Day ?bone C? \'? ' "%W6-'Y'nC Fax'M\- -1t:.&aa r c. Pxojtx:t r_ame {if anY) ? ???', MO E, )Irrma -mU & irmid in na,Me q{lar d?ur(9J, mar project name. 2. DDCATION OF PROPOSED PROJECT a. Coanty b. Is the proposed 3aivify maintenahce of ar. =ist ng project, new work, or boat? 4?'\.V c. wRi the project be for public., privati: or cotrane:ciJ- use? d. Give'2 Mef description of purpose, use, methods of comtruction aad WY oparatk= of proposed project. If more space Is n"d dl, -phase utach additiaal pages. ??r c>6se. 6?k 11 x? Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Svc ?eU tx\ b, e b. Size of individual lot(s) ?J I c. Approximate elevation of tract above MHW or NWL (o r K ' C1,5 ?-- d. Soil type(s) and texture(s) of tract S Ah? ?1 ,gyp f ? e. Vegetation on tract f. Man-made features now on tract )J h2, g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned py local government? i. Is the proposedproject consistent with the applicable zoning? ? Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes ? No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes _V No 1. Are there wetlands on the site? Yes ? No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe existing wastewater treatment 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 residential discharges.) \`5 u r?ae? r ut?, 04 -r o. Describe existing drinking water supply source. 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 11" white paper. (Refer to Coastal Resources Commission Rule 7J.020' 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 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. 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. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project L.eagth Width Death Death \\)i ?li:n^j itilni::tii'{ ' :'y"\i J . • 1. EXCAVATION b. Type of material to be excavated a. Amount of material to be excavated from below MHW or NWL in cubic yards 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 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 Form DCM-IVIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes - No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of s oreline stabilization d. Maximum distance waterward of MHW or NWL a Bulkhead Riprap b. Length 1 ??1 c. Average distance waterward of MH or NWL . e. Shoreline erosion during_pr eding 12 months (Source of information) f. Type of bulkhead or rip ap ateri g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill /4. G- 0 h. Type of fill material k/ i. Sourge of fill material_ X11C`??_ 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill 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? Yes 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? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crDssed in transporting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. 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 L& GOSY\eA` Address M off, .fie Fare 1Zc? Phone C-he a R era. , SC_ 3,s 353 Name k' ?uS Addr Phone r 4 Name Address 4 \r1 = U, 5t Phone ?. ?? SSG > `- • 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 $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. ' • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 5 day of L , 19 Print Nameb_OLIC, A- -\AS \_0n ?OF\ CC` Signature ? r?'?r? xn - Landovb wr or Authorized Agent \ Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 3 Top 8.0' MSL 1 ay r N 1 1 01 ? 1 1 Cedar Island Bay 1 1 Ta x Parcel 8406.04801566 _ r, Carteret County, NC I d 02 V wooded ,$ r r 203.68' Existing RipRap ----------------------------- e ' -------------10.0' Rood 7.0' 7.3' 8.5' top of bank --------- - - - - PROPOSED BACKF ------- - - -5.0' TIEBAdC PROPOSED WOOD toe o ban BLLKHEAD -----.---- ------------------- ----- -0.0' Mean Sea Level Mrs 50 0 50 100 150 GRAPHIC SCALE - FEET ?v s? N \ \ G? ?OSt?e,?? N IJ r A 1. ?4y N J J J E CO oo b'JO o O ? 0 o h 0 O oo 0 m od 0 o of 0 m o, 0 0 o 0 o - 0 O '- - o m c p Z - O m ^ - o o '- - 0 .- M - 0 o N - 0 .:i - 0 0 .n 0 ryi 0 o o 0 m -a 0 o - 0 m - 0 o ? 0 ii 0 0 r 0 0 °o 0 0 o, 0 o o o O - v ?o v? aJ ?a T2 v? - A ?? °' ?? ? ?? LO ? o p • S? A ./ . 7 - o o ,D - 0 o 1? - 0 m n 0 o °0 - 0 m 00 - 0 o Q, - 0 Q, 0 o O 0 O 0 p _ 0 m .- c O O cF.? nOi 0 a 0 m 0 C? N 0 N 0 o 0 M m 0 O V 0 m 7 0 o 0 u? 0 0 ,D 0 ,D 0 o I? 0 o W 0 o O, o o O =E'c r' 0 c ??^ E m? 'O N o U Q c n N p, N ov E ?O ? I , 0 O , O c? r l l ? m u Y o ? o 0 ? O m ' M "_ =oo = O 'D CO ti G O o O O C, 0 0 0 0 N q q O rJ 0 Vi r w o c N O Z r, - o V L 1 v ° U t {{ ?R p ?'O O U G v d' ? i {r _ - 7 O rJ O E 05 v? ?1 n N N N Q m V ?y\ U m ?j .n o o c a a \ r ? c a v U i i0 ? ? '• Z c g N 4tih o\ N ??i t r-10 Q < ? * J v \ O C) D Pt, "Uhu S. °mO,ial ST'll s"co, o W 0 o ? Q 4 W! y ? - ao x N' Q c Z ?I? Js ?_ _ \'? W a a- ~ H ` p ti ?J Lij a ° W s lJ ?' W U Lam', Y ???16 ?Q z C0 12 .61 0 4L I.- -j 4L p D Q \"n/T• S 0 ?CJ O Ci 9rll?ti'W • Sll 1S. U- ?? w1r1Vll •? ? `? ?%, ;? Q ?i \ N ,r„ y 37J m W c o f• 1 a C r " N Ba(? C, 0 LL #. as,lul ° P??` elA\e1seO ?? ? ? tie p"ti ?•v ?.i o f\? m ?oh?igR 1317 Q ? ( ? 2 - ?' SR1321 v \: fn ? tD LO CIO N r" N N M N (` in incn> Na o m u a '? y a .L U m.s - EMvE yc ma t3vo? d °' a, b W ,.E N I ? m ? mu i ro ? w?.? ? i NN cn vi u y a d y LL =._ E V t0 m r. E 0 ° C? ? u .. M r! N N N W L v m LL - E " P. v U t NCDFHNR WIRO Fax:9103502004 1'o. John L?arney Panvironnoenta? Sciences Branch Jun 19 '98 15:21 :OF. WA T,ER QUALITY ' . P. 05 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 June 10, 1998 IN REPLY REFER TO Regulatory Division Action ID No. 199801463 I Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: 5 i Reference the application of Jeffrey L. Cheney for Department of the Army authorization and a State Water Quality Certification to construct a bulkhead with backfill on Cedar Island Bay, Carteret 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 August 10, 1998, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4636. Sincerely, AW Richter Project Manager Wilmington Field Office Copy Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jeffrey L. Cheney 2. LOCATION OF PROJECT SITE: Adjacent to Cedar Island Bay at 2496 Cedar Island Rd. (Highway 12) in Carteret County. Photo Index - 1995: 57-670, grid K-8 1990: 204-3, grid J-21 State Plane Coordinates - X: 2808600 Y:460300 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/5/98; 5/14/98 Was Applicant Present - Yes; No 5. PROCESSING PROCEDURE: Application Received - cc: 5/18/98 ZF Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural/Conservation (B) AEC(s) Involved: EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - None Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 2'/Year Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Shallow Bottom Area 6222 sf High Ground 1830 sf (D) Total Area Disturbed: 8052 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA ORW NSW Open: Yes 8. PROJECT SUMMARY: Applicant proposes to recover land lost during recent years and stabilize his shoreline by constructing a bulkhead in line with the bulkhead to the north and the rip rap to the south. FIELD INVESTIGATION REPORT: Jeffrey L. Cheney PAGE #2 9. NARRATIVE DESCRIPTION: The project site is located adjacent to Cedar Island Bay, at 2496 Cedar Island Road (Highway 12), in Carteret County. This area is one of low density residential development. The project tract is approximately .8 acres in size, and ranges from +65 to +87 mean sea level in elevation. The tract is undeveloped, and vegetated with pines and oaks with a shrub/scrub understory. At the water's edge, there is a 2' to 3' escarpment, leading to a sandy shoreline littered with relic tree stumps. The Carteret County Land Use Plan classifies this area-as Rural, with those areas within CAMA Areas of Environmental Concern classified as Conservation. The Division of Marine Fisheries has designated this portion of Cedar Island Bay as a Primary Nursery Area; it is open to the taking of shellfish for consumption; and the Division of Water Quality has classified the waters of the bay as SA, Outstanding Resource Waters, Nutrient Sensitive Waters. There is no evidence of a shellfish resource within the project area. The applicant proposes to construct a traditional timber bulkhead wall adjacent to Cedar Island Bay for the purpose of shoreline stabilization. While the applicant has indicated a 2' shoreline loss due to erosion over the past year, he claims to have lost approximately 34' during recent years. Aerial photography would support this claim. The 1990 photography shows that the shoreline at that time was even with the bulkhead to the north, and the riprap to the south. The 1995 photography shows that the shoreline adjacent to the project site has receded approximately 35'. The proposal is to align the proposed 183' bulkhead with the bulkhead to the north and the riprap to the south. This would place the wall an average of 34' from the normal high water contour, with a maximum distance of 36'. The proposal would require the filling of the sandy shoreline with approximately 500 cubic yards of material to be purchased from a high ground source. The intended use of the project site is for eventual residential development. The applicant has an offer to purchase on the property. There is a letter on file from the property owner, Clancy and Theys Construction, authorizing the applicant to apply for this project. 10. ANTICIPATED IMPACTS: The project as proposed will require the filling of approximately 6222 square feet of shallow bottom area with approximately 500 cubic yards of material. There will be a disturbance of approximately 1830 square feet of adjacent shoreline for the installation of cables and deadmen. Short term turbidity impacts can be expected during construction. May 18,1998 T. Barrett Morehead City I`ll-iC-lu-I??J eq•c?? 1 .:?ri ar.. ??_.._. _. _ --- Form DCM NIP-1 'APPLICATION (To be empleted by all lapplicints) ... .. ,.., . 1. A YA T --- a, ?..and9Wtles': Name ? l°.?'? C,? U ?- • ?h.C-? ?.? Addrtss 2,40$ City 4\' • ' .... State Zip Irk 0c?r, - Day Fftone 1?1- ?1 `a - °F4?,3 Fax W1 -35 5 ,:- Q'A? b. Authuriz?d Agent; Name Addr:'S b. CZty, rC? ???s t,r c. Strut address or secondary road num ? Cesar 9m . d. Is proposed work within city Iitfs or pL=nin; jurisdickion? Yes ,,,,_ No e. Name of body of water nearest project kg. river, creek, sound, bay) ?'?:34c -;a ?? Y rIM011 3. DESCRIMONAND PLANNED USE OF PROPOSED PROJECT a. I_ISC ail deveIopmtvnt activities YOU propose (e.g. building a borne, motel, marina, bulkhead, pier, and excavation and/or fiifiq activities. City l??- 'C - - State 12m;:?? Zip ., t k4 Day C. Psojecr name (if any) p' AM P ma 41 Zw isra d interne q(?arO), for pr+ojea ?-W- 2. L00LTION OF PROPOSED PROJECT a. County b. Is the pro;osed &c;tivity mai'Wnaiace of ar, =isdn& project, nex work, or both? ? £ 1.V c. WRI the project be fur public, privatx or cotmefcW use? . 6,7 \,o _- to\'I _.. d. Give Tgrief de=ipdon of parpvse, use, mgdM4dS Of cows uctioa and day operatiom of prow4d project. If mare space Is coded laase Atta+~. addibou,0 pages. 1?urO66%- bl e It, Form DCM-MP-1 4. LAND AND WATER m. Describe existing wastewater treatment facilities. CHARACTERISTICS a. Size of entire tract Svc teAl @m\01SA) b. Size of individual lot(s) 1J c. Approximate elevation of tract above MHW or NWL (e . 5 " n,5 ?_ n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges.) \9Ur-"Kae..e r W\ off? d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. sah?? .?c? e. Vegetation on tract g Q_ l0 ?he.? f. Man-made features now on tract )JO hQ-- 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (r?,?tt<tt the focal land use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional Developed Community A copy of the deed (with state application only) or y Rural Other other instrument under which the applicant claims tide to the affected properties. If the applicant is not h. How is the tract zoned py local government? claiming to be the owner of said property, then uh?r@ forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposedproject consistent with the applicable from the owner to carry out the project. zoning? ? Yes No (Attach zoning compliance certificate, if applicable) An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes ? No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes v`? No 1. Are there wetlands on the site? Yes ? No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) 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 Rrviwd 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\ C. ?, QSh e- Address Off- Cs,e Farrc? mod, Phone C` he S e? , S Cr B.c13 , Names Addr Phone r 4- Name Address Phoneme ?C- • 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 $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 , 19A-ci!? Print NameU-m\ok Signature ?0?4 ' 'C`ne3 u C Lando ier 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 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. 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 Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) j:.\;iiy i'?:?'• ik"' •:+'??? P -- " • ??YC•?i?w; {JS l YK TV's"'{?'\viif• ?tM 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated 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 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 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of s oreline stabilization Bulkhead Riprap b. Length 1 ?3' c. Averae distance waterward of MH or NWL g . N??1? d. Maximum distance waterward of MHW or NWL _31Q .e e. Shoreline erosion during prgaeding 12 months (Source of information) f. Type of bulkhead orl rip ;apaterii g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill + h. Type of fill material i. Sour e of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill 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? Yes 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? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crossed in transporting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. 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' 8.5' Road 7.0' 7.3' 8.5' top of bank ----- --------------- PROPOSED_BA_CK_FLL- - - - 5.0' TIE BACK / PROPOSED WOOD toe a ban BULKHEAD ----- ----------------------- ----- -0.0' Mean Sea Level ?s 50 ilillilli 0 ll 50 100 150 GRAPHIC SCALE - FEET