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HomeMy WebLinkAbout19980914 Ver 1_COMPLETE FILE_19980916State 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 1 ? • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 26, 1998 Gates County WQC 401 Project # 980914 COE # 199812170 APPROVAL of 401 Water Quality Certification Mr. Elton Winslow Town of Gatesville PO Box 1 Gatesville, NC 27938 Dear Mr. Winslow: You have our approval, in accordance with the attached conditions, to place fill material in 0.039 acres of wetlands or waters for the purpose of constructing a boat launch facility with walkway pier and bulkhead, as you described in your application dated September 16, 1998. 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 for a new certification. If the property is sold, the new owner must be given a copy of the 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 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, I res n Howard, . 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 980914.Itr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper fi REPLY TO -- - ATTENTION OF Regulatory Division Action ID No. 199812170 September 23, 1998 'i 9 ? 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: Sd' Please reference the application of the Town of Gatesville for Department of the Army (DA) authorization and a State Water Quality Certification to upgrade an existing boatramp area and place fill material within freshwater wetlands, on property located off NC Highway 37, adjacent to Bennett's Creek, in the Town of Gatesville, in Gates 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 23, 1998, the District Engineer will deem that waiver has occurred. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, ?-" (?6A Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: 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 ? ? _ 6199 m ?u? 5tN D ION OF COASTAL MANAGEMENT 4 ?, .NHS 6ROUPiwN FIELD INVESTIGATION REPORT 1. S NAME: Gatesville Town Park 2. LOCATION OF PROJECT SITE: NC 37, Gatesville, Bennett's Creek, Gates County Photo Index - 1995: Not available 1989: Not available State Plane Coordinates, X:2660000 Y: 971600 LR 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7-13-98 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - 9-2-98 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1992 Gates County Land-Use Plan Update Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust (C) Water Dependent: yes (D) Intended Use: public (E) Wastewater Treatment: Existing - None Planned - none (F) Type of Structures: Existing - Abandoned shed/barn, dirt ramp Planned - bulkhead shoreline stabilization, pier, open picnic shelter and gravel parking lot (G) Estimated Annual Rate of Erosion: 3 inches Source - Applicant 7. HABITAT DESCRIPTION: [AREA] EXCAVATED FILLED SHADED A) Vegetated Wetlands 1580 sf.(0.036 acre (B) Public Trust Area 125 sf. (0.003 acre) 300 sf. (0.007 acre) (C) Upland 19,470 sf.(0.447acre) (D) Total Area Disturbed: (E) Primary Nursery Area: (F) Water Classification: 21,500 sf. (0.493 acre) No N.S.W. ;Closed 8. PROJECT SUNIlVIARY: The Town proposes to upgrade an existing boat ramp site into a Town Park facility for small boat and canoe use. The proposed facility will have a boardwalk pier and be accessed by a 6 foot wide concrete walkway. Other site improvements will include a picnic shelter and parking area. A portion of the shoreline will be stabilized with a wooden bulkhead. Form DCAI-111P-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT 1; atPSVi 11 P a. Landowner: Name Town of Gatesville Address Post Office Box 1 City Gatesville State NC Zip 27938 Fax b. Authorized Agent: Day Phone 252-357-1001 Name Elton Winslow Address Post Office Box 1 City Gatesville State NC Zip 27938 Day Phone 252-357-0720 Fax ?52-'157-g115R c. Project name (if any) Gatesville Town Park NOTE. Perrrdt will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Gates c. Street address or secondary road number NC 37 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Bennett's Creek 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. Bulkhead, Wooden Boardwalk, Parking Picnic Shelter b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for public, private or commercial use? Public 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. A wooden boardwalk and bulkhead will be constructed along Bennet Creek from bride to existing boat launch A rox. 90 ft. A picnic shelter will al be constructed. This project is to provi puo is access 'To enne s ree oo en pilings will be driven and/or washed down The area behind the bulkhead will be fill Revised 03/95 Form DCM-i<1P-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.6 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 1.5' d. Soil type(s) and texture(s) of tract Conetoe find sand and Nawnev loam e. Vegetation on tract C;raSG sncf Waorla f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Coruult the local knd use pL=.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? General Business L Is the proposed project consistent with the applicable zoning? X Yes No (Anach Zoning conpliance cerrificwe, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X 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 _X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) _ Other _ X If yes, has a delineation been conducted? No (Anach dommemarion, if available) m. Describe existing wastewater treatment facilities n. Describe location and type of discharges to water of the state. (For example, surface runoff, sanitar wastewater, industrial/commercial effluent, "wasi down" and residential discharges.) N/A o. Describe existing drinking water supply source. N/A 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 71.0203 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-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) Revised 03/95 Average Final Existing Project Length Width Depth Depth !:$??.n:...f. as ------------- 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? Forin DCAi-NIP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. a. Type and number of buildings, facilities, units or structures proposed Qpen Picnic Shelter and narking b. Number of lots or parcels N/A h. Projects that require a CAMA Major Developme Permit may also require a Stormwater Certificatior Has a site development plan been submitted to th Division of Environmental Management for review Yes X No If yes, date submitted i. Describe proposed method of sewage disposal. N/A c. Density (give the number of residential units and the units per acre) N/A Size of area to be graded, filled or disturbed including roads, ditches, etc. 0. 5 a rPs If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? Yes No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Gravel g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 5% Have the facilities described in Item i. abov received state or local approval? _ N/A (Aleach appropriate documentation) k. Describe location and type of proposed discharges tc waters of the state (for example, surface runoff sanitary wastewater, industrial/commercial effluent. "wash down" and residential discharges). N/A 1. Describe proposed drinking water supply source (N?A well, community, public system, etc.) M. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development; when was the lot(s) platted and recorded? N/ E? Z, /.?/?.v s r!o Appllicant?or Project Jyame Signature Date Revised 03195 PROJECT NARRATIVE The Town of Gatesville is located on Bennetts Creek which is a slow moving stream below the Merchants Millpond dam and the State Park. It drains into the Chowan River at a distance of 7 miles. There is no public access on Bennetts Creek even though a large number of canoes and small boats utilize the creek for enjoying wildlife, fishing and hunting. This small town park, once established, will provide citizens of the town as well as the county access to this scenic water resource. Since the site is small and there is only an existing dirt ramp, no provisions are being made for parking boat trailers, therefore only small portable canoes and boats, unloaded and loaded by hand, will be allowed. Since there are no parks in Gatesville, this will be the only site for picnicking, enjoying the creek, and launching canoes. Estimated cost of this project is $25,625. We hope to construct this project during late Summer and Fall of 1998. Cleanup and grading will be done first since the site has been an eyesore for several years. Treated wood will be used for the boardwalk and picnic shelter. Handicapped access will be provided from the parking area to the picnic shelter and boardwalk and all construction will meet the state and county building codes. This access project is a high priority for the Town of Gatesville and is being made possible due to the owners of the site offering to lease the site to the Town on a long-term basis. There is also the possibility of the adjacent lot becoming available in the future which would allow a second phase for this project. 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