19980962 Ver 1_COMPLETE FILE_19980929

State 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
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 10, 1998
Beaufort County
WQC 401 Project # 980962
APPROVAL of 401 Water Ouality Certification
Mr. John Dougherty
Weyerhaeuser Real Estate Co.
PO Box 1391
New Bern, NC 28563
Dear Mr. Dougherty:
You have our approval, in accordance with the attached conditions, to place fill material in 3,875 square
feet of wetlands or waters for the purpose of constructing Section 14 of Cypress Landing, as you described in
your application dated September 29, 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.
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
Sincerely,
C 1
re ion Howard, Jr. P.E
980962.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Weyerhaeuser Real Estate Co.
2. LOCATION OF PROJECT SITE: Beaufort County off SR 1123 at the Cypress Landing Development
on Chocowinity Bay near Chocowinity, North Carolina
Photo Index - 1995: 99-1047; H-16,17 1-15,16 1989: 2-6243; T-6,7,8•.,
1984: 71-592; P-10,11,12
State Plane Coordinates - X: 2,584,200 Y: 640,800 Q
Hackney Quad. (upper right corner) S
3. INVESTIGATION TYPE: CAMA EP 2 9
?
1998
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/20/98 07/01/98 tjTGR??,?;
Was Applicant Present - NO YES
5. PROCESSING PROCEDURE: Application Received - 09/09/98
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort County
Land Classification From LUP - Conservation (water, wetlands), Urban Transitional (land)
(B) AEC(s) Involved: PTA
(C) Water Dependent: YES
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Town of Chocowinity
Planned - N/A
(F) Type of Structures: Existing - None
Planned - Riprap with a concrete sidewalk
(G) Estimated Annual Rate of Erosion: 1-2' average
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OT14F.R
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands ±3,875 ft2
Bay bottom riprap
Other
E ±96,964.6 ft2
High
ground
(D) Total Area Disturbed: 2.3 acres (100,839.6 ft2)
(E) Primary Nursery Area: NO
(F) Water Classification: SB-NSW Open: NO
8. PROJECT SUMMARY: The applicant proposes to subdivide a ±31.2 acre tract of land into 30
residential lots identified as section 14 of Cypress Landing. Development proposed on the waterfront
lots includes; riprap, and a concrete sidewalk.
Cypress Landing Section 14
Weyerhaeuser Real Estate Company
Project Setting
The project site is located off SR 1123 at the Cypress Landing Development on
Chocowinity Bay near Chocowinity, in Beaufort County, North Carolina. Weyerhaeuser Real
Estate proposes to develop a ±31.2 acre tract of land identified as section 14 on the Cypress
Landing master plan. Upstream (west) of the project area is the developed portion of Cypress
Landing and has single family dwellings, a marina and a golf course. Downstream (east) of the
project area is a developed subdivision known as Moore's Beach. The project site is a wooded
tract, vegetated with mixed hardwoods, pines, shrubs and vines. At each end of the project site
are large areas of coastal wetlands predominately vegetated with So rt?Tnosuroides. The t 15'
elevation above mean sea level created an erosion bluff at the bay interface which created
aggressive undercutting of the bank in several locations in the project area as a result of
Hurricanes Bertha and Fran in 1996.
Chocowinity Bay is classified as SB by the Environmental Management Commission.
Chocowinity Bay at the project site is a Public Trust Area and is not open to shell fishing.
Project description
The applicant proposes to subdivide the ±31.2 acre tract into 30 home sites of ± 1 acre
each. Five of the lots will extend to Chocowinity Bay and are the project site. The applicant
proposes to place ±775' of riprap along the shoreline. The riprap will average 5' waterward of
the normal water level (NWL) with a maximum distance offshore of 10'. The riprap will extend
approximately 10' landward of the NWL to a height of 6' above the NWL. The existing shoreline
will be graded down to the newly installed riprap over a width of 25'.
An asphalt road is under construction onto the property and will terminate at the east end
of the project area and has no wetland impact.
Anticipated Impacts
The project as proposed will result in the filling of ±3,875 ftz of bay bottom associated
with the placement of the riprap. Grading of the existing bluff and the construction of the
sidewalk as well as the road construction and upland fill activities will result in the disturbance
of f 96,964.6 ft2 of high ground. The project as proposed will result in localized turbidity as a
result of the construction activities.
David W. Moye - 14 September 1998
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
b. City, town, community or landmark
Chocowinity
c. Street address or secondary road number
off SR 1123
NameWP),PrhAPiiSPr RPP1 FcfafP Cn_
Address PO Box 1391
City New Bern State NC
Zip 28563 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name
Address
d. Is proposed work within city limits or planning
jurisdiction? Yes X_ No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Ch o c o w i n i t y Bay
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.,
install riprap & sidewalk
City State
Zip Day Phone
b. Is the proposed activity maintenance of an existing
project, new work, or both? new work
Fax
c. Project name (if any) Cyj?ress Landing
Section 14
NOTE: Permit will be issued in name ojlandm er(s), cad/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Beaufort
c. Will the project be for public, private or commercial
use? private
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.
See AftAr.hPrl ChPPf
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract+/- 500 an.re
b. Size of individual lot(s)+/- 20 , 000 SF
c. Approximate elevation of tract above NfHW or
NWL 15.0 feet
d. Soil type(s) and texture(s) of tract
silty clams
e. Vegetation on tract mi xPri herdwnnd
and pine
f. Man-made features now on tract marina,
golfcourse, lakes, homes
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
no zoning
i. Is the proposed project consistent with the applicable
zoning? Yes No N/A
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? X 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?
X Yes No
1. Are there wetlands on the site? x_ Yes No
Coastal (marsh) Other X
If yes, has a delineation been conducted? yes
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
Piihlir sewer ma IntainPH by
the Town of ,hnc,.nwi ni y
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.)
surface runoff
o. Describe existing drinking water supply source.
Public water supplied by
the Town of Chocowinity
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 71.020' 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 DC.M-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 Rohert , Pa Npckl r
Address 3 Cedar Ridge Road
Phone Richmond, VA 23229
Name Dr. Jim Robertson
Address R t. 2, Box 383
Phone Chocowinity, NC 27817
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.
CAMA Permit No. 181-89
• 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 24th day of August , 1998
Print N e J n M. Doughty
J , ? , ( ?. 'k?c
Sign
r or AuthorLr 8
Please indicate attachments pertaining to your proposed
project.
X 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 coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area. in the water?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead X Riprap
b
Length +/- 775 LF
c. Average distance waterward of MHW or NWL
5 feet
d. Maximum distance waterward of MHW or NWL
10 feet
e. Shoreline erosion during preceding 12 months
1 - feet
(source of information) o ]2,; e r y a tin n
f. Type of bulkhead or riprap material granite
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap 86
(2) Bulkhead backfill
h. Type of fill material gran i t e
i. Source of fill material F o u n t a i n, N C
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization) N/A
a. Will fill material be brought to site?
Yes No
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? d J „rhPd
area behind rilprap wi 1
be seeded and strawed
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
backhoe, dump trucks
c. Will wetlands be crDssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
ress Landin
App o Project N
fit, S
8-24-98
Date
Revised 03/95
rvi all JLF '-,.u
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 rhud
Existing Project

Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION N/A
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 N/A
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-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.
Type and number of buildings, facilities, units or
structures proposed
b. Number of lots or parcels 30
c. Density (give the number of residential units and the
units per acre) 30 lots on 31 . 196 acres
_ +/- 1 lot /ac
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. 226 ar ?na??,
Q 2 5--@ C-S i n rr3n Rc ha r k f i 1 1= 5,9C'
total
e. 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 X No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
concrPtP Sid walk asphalt roads
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. 4%
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of EmAronmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal
public sewer to the Town of
Chocowinity
j. Have the facilities described in Item i. above
received state or local approval? y P G
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
surface runoff
Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
public water from Town of Chocowinity
m. Will water be impounded?
If yes, how many acres? -
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? NA
W&ger r Real Estate Co.
Appli r Project N e
AA 11
Sign re
August 24, 1998
Date
Yes _X No
Revised 03/95
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