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
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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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