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HomeMy WebLinkAbout19981117 Ver 1_COMPLETE FILE_19981119State 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 January 8, 1999 Currituck County WQC 401 Project # 981117 APPROVAL of 401 Water Quality Certification Russell Sawyer PO Box 6020 Suffolk, VA 23433 Dear Mr. Sawyer: You have our approval, in accordance with the attached conditions, to place fill material in 400 square feet of wetlands or waters for the purpose of constructing a bulkhead, as you described in your application dated November 19, 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 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 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. 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 Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker, DCM Sinc ely, on Howard, Jr. P.E. 981117.Itr 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 Affirmative Action Employer • 50% recycled/10% post consumer paper 1. 2. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Russell Sawyer qg1!?7 LOCATION OF PROJECT SITE: East of Water Street off new Beach Road (SR 1105) adjacent Currituck Sound in Point Harbor, Currituck County Photo Index - 1995: 189-1982 L-8 1989: 138-4 M-8 1984: 127-710 J-14/15 State Plane Coordinates - X: 2945100 Y: 867800 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/23/98 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 10/26/98 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck Land Classification From LUP - Rural, Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - On-site septic Planned -None (F) Type of Structures: Existing - Single family dwelling Planned - 51' bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] wvv / 91998 (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Shallow water habitat 400 sq.ft. (C) Other (D) Total Area Disturbed: 400 sq.ft. (.01 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicant proposes to construct a 51' long wooden bulkhead a maximum distance of 16' water-ward of normal water level and an average distance of 8' waterward of normal water level. Russell Sawyer Bio Report Page Two Russell Sawyer owns a 5500 square foot lot in the Point Harbor Beach Subdivision in the Point Harbor community in Currituck County. The lot fronts Currituck Sound for a distance of 51 linear feet. To access the property, one must turn east off US 158 onto New Beach Road (SR 1105) approximately 1.5 miles north of the Wright Memorial Bridge. New Beach Road is 5/10 mile long and intersects a gravel road called Water Street. The Sawyer lot which has been improved with a single family residence, is located on the east side of Water Street approximately 600 feet south of the intersection of New Beach Road and Water Street. Elevation of the 50' wide x 110' parcel is approximately 8' above mean sea level. This parcel and the abutting properties on the north and south are protected from erosion by wooden bulkheads and the well maintained yards lying landward of the bulkheads are vegetated with mixed lawn grasses. The bulkheads protecting the Sawyer lot and the two neighboring properties are parallel, however, the bulkhead on the southern side is located approximately 19' waterward of the bulkhead protecting the Sawyer parcel. Approximately 7' from the common property line of the Sawyer property and the property to the south, the Sawyer bulkhead angels 70° to the northeast and ties into the bulkhead on the neighboring property to the south. A 25' long solid breakwater with a height of 1.1' above NWL is located 20' waterward of and parallel the southernmost 25' of Mr. Sawyer's existing bulkhead. The waters of Currituck Sound in the vicinity of the Sawyer lot are classified as SC waters by the NC Division of Environmental Management and are closed to shellfishing. Mr. Sawyer proposes to construct a 51' long wooden bulkhead which will connect to existing wooden bulkheads on the adjoining properties. The wooden bulkhead is proposed a maximum distance of 16' waterward of normal water level and an average distance of 8' waterward of normal water level. Approximately 87 cubic yards of backfill with a depth of 6' will be placed within the 400 square-foot area lying between the proposed bulkhead and existing normal water. Water depths in the location of the proposed bulkhead alignment are approximately 2. No submerged aquatic vegetation was noted in the firm sandy bottom within the project area. 1) Construction of the bulkhead and filling the area landward of the bulkhead will result in the loss of 400 square-feet of shallow water habitat. 2) Temporarily, localized turbidity will occur as a result of the construction of the bulkhead. Submitted by: M. Edward Harrell Date: 5 November 1998 Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name A S S- C L F. S R w ti tzr-:._ Address P 6. /-T d & (so ZA City S ti FF0 Lh State kl& Zip 2.3 3 Day Phone I S- I- Z 112 - 3? S 9 Fax 15- Y - Z 3 $ - 2 i} L S- b. Authorized Agent: Name (11A Address City _ Zip Fax Day Phone State b. City, town, community or landmark MC-W /3F-+r-H ?01"yT HA26OR.ti c. Street address or secondary road number /3 wqrt-2 srazer d. Is proposed work within city limits or planning jurisdiction? Yes k No e. Name of body of water nearest project (e.g. river, creek, sound, bay) CIA (L 2 : to c k SO LA M ZZ 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. ?/tiV&trt. Hull-Wrap dEnstaEov Ao'1 A ci=-,vT aWryF_2S t $u/kFFrAp s ,*.ye F:tL kATH 4740h- Pefi. Hor+ / 3 /f/ L (Lc- o* oy a Al S. fi b. Is the proposed activity maintenance of an existing project, new work, or both? 8e T rf c. Will the project be for public, private or commercial c. Project name (if any) /??/5 use? P2 i'vt4 ft: NOTE. Permit will be issued in name of landowner(s), and/or project nano. 2. LOCATION OF PROPOSED PROJECT a. County r G J2 t2 t 7- Li L.k 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. i0 QtAttto A Fw/1 NJ:iGHr tCWftHF_6a AA4"% .4 ?j ? f4c -t)6Ao OF ;C1 C, /74/kH600 GAr THESok 14,00Z Wax T ra rMl 6-2 &am i 40 ,-7 =o it W "LL. HEtZMT ,K/kt+&^,> t Af t 1Z d m T OP 7AAA L' is Aj AJ a m F3 ttfc w. a.v 7 AfR A/a ?T t? 570a-04L ?A11 Ta /J/9 C6NS*R4t1D aA re. .;. t) L.,JOa o wwrn ;rAyt R All au.T Z ! Ir I`eu r ala y r. Revised 03/95 r, Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N?A b. Size of individual lot(s) s a h c. Approximate elevation of tract above MHW or NWL 8 d. Soil type(s) and texture(s) of tract ?'RUO? r.r, t-H Suti•,?t ?`?P Sai L e. Vegetation on tract 1-,4 W nl tor, 2.i¢ 51 f. Man-made features now on tract t+d ".% F2 , Au/k41 is 4i- a.?c> P/E2 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? /TE St DF?./ tt'*c i. Is the proposed project consistent with the applicable zoning? A Yes No (Attach zoning compliance certificate, 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 -A_ No 1. Are there wetlands on the site? Yes X No Coastal (marsh) Other Cu a +L,,LM Io(Aa a If yes, has a delineation been conducted? A/ e) (Attach documentation, if available) m. Describe existing wastewater treatment facilities. An02 /Zartr0 rF_41;c- 7-1-aJ,*- n. Describe location and type of discharges to waters o: the state.. (For example, surface runoff, sanit q wastewater, industrial/commercial effluent, "wast down" and residential discharges.) Al d Z2c- t-4- A26 o. Describe existing drinking water supply source. P2t v'gtr, Wi=L f 5. ADDITIONAL INFORMATION In addition to the completed application form, the followinj 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 claim title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view anc cross-sectional drawings) drawn to scale in black ink or an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 77.0203 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 muss be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, Revised 03/95 Form DCM-MP-1 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 D e4 AJ f. G 2 r i= A) Address iZ T. / ff6 X _ Phone S 441 Bk tLti . At. C. 2-"7'5F-7 9 ? 2S2 - ?G?_ $L 40 Name Address Phone Name W 'L L I R ti+ F. C d Au A? u-r_ Address S I t e.!o ? L* K >E p 2. Phone f 4_ F F D /f( . ?n 2 3 y 3 3 7 5-7_ Lag -2s 9z • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A'r 0 w 1;. • 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 PERMISSIO TO ENTER ON LAND I understand that any permit issued in response to tt application will allow only the development described in t application. The project will be subject to conditions ai restrictions contained in the permit. I certify that to the best of my knowledge, the propos+ activity complies with the State of North Carolina approved Coastal Management Program and will 1 conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, gra permission to representatives of state and federal revie agencies to enter on the aforementioned lands in connection with evaluating information related to th permit application and follow-up monitoring of the projec I further certify that the information provided in th application is truthful to the best of my knowledge. This is the 7.4 day of Scp-'r , 19f Print Name /7 t- C F. .SAUJ s, k.1. Signature Landowner or Authorized Agent Please indicate attachments pertaining to your propose 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 spac 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 FuW Existing Project Lemth Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 .< 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards,--AZI, 1,4 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 4414 r 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area nZZA c. Do y 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? '_-1 Form DCM-hiP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? 4k Yes X_ No f. Does ;he disposal include any area in the water? it/ Yes No If yes, (1) Amount of material to be placed in the water e ?. q `I D S 3 (2) Dimensions of fill area T. 8 S3.is'X 6,4e (3) Purpose of fill 13 Ac A, FJ 11 ?2oR0rI-r2 13VAI&HEA n 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length Sl 03 c. Average distance waterward of MHW or NWL --=-g d. Maximum distance waterward of MHW or NWL 1(o'Sct4TNfiVD /.S',#/o2TN END e. Shoreline erosion during preceding 12 months l4. t 7-9 -t,tf,e E4CT /f'A1 o F ' Tv THE A(Q 74 (Source of infomotion) ?t S M L- ti o w NF_ 2 f. Type of bulkhead or riprap material T-R t -r? t r v kV660 4ND 6-41-?. HArtOWA2F_ g. Amount of fill in cubic yards to be placed below water level (1) Riprap 3 (2) Bulkhead backfill R V or h. Type of fill material fi / 1 0 ? 2 T SAN n A Ar o 7-6 P S a i t_ i. Source of fill material L o c r41. Caar2 Ac+o it 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) 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 _X 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? 911 /J c.l ft Hr_A r> ?Q/?St>2HCtr.. D J?j Mi L57'dMF_ What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? pige-IcHoF Ptiy-•f s -A/ C Cw?rr- At rkA- 7CoLs c. Will wetlands be crDssed in transporting equipment to project site? Yes - - k '_ No If yes, explain steps that will be taken to lessen environmental impacts. RLt ssr-_« F_. S'f3w?,?_ Applicant or Project Name Signature S..r7 f"•. r rr- 9 // 9 9 9 Date 400 copies of this public document were printed at a total cost of $11.00 or $ .03 per copy. Revised 03/45 I ? I C I I I I ? I I I - V? Ak 7)4 d S n en ? Currituck- v S , outh Mills r 0 Shawboro a l ?' i y ate i Morga rego ?• • C olla Corner Barco > Russell E. Sawyer , 1581 i -' Lot 13, Water Street 15e .A I Camd i`i_ Y ett Elizabe Ridd Point Harbor, NC J I ! 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I I I I i I I I i I I I ? i I I i I Turn off:o U. S. 158 on Nev Beach Road,11105 vhi hl's about 500 yards'to'the north of Griggs Lumber Company, toiWater Street. Bloc k; Iis lit "am the second I I o I nse on the left after you pass: the I I I I I i I I I i t ! I I ? i I? j I I I I I ? , ? i ? I! i ? I I ? I ? I I ? j I I I I I Liw e p b Y rn SAwyL2 .t t. n -ve L? o S` , R X I ra b ' I r w, '-1 Z 'ho j 1`^ x m D 1 n n n F{'/s T1•1/G ?iEre -_\ `C'1 N O (r, . . 00 ^ 000, O ?. / 1 N / f( to 0 a D / c ?T rn n1 i y o F n`1 s a ?IV Il N Z r h121:?d o71"-? ` n, b 0 (? CD N ? d 111 T a a Q44't yF,9o T -9 Zi?hr?ds < N la / -C m P m Z vl ?. 0 G N 4 r m d r ? ? z pl / co '000. F A ? t?? (?'? , ; . b BSI O -O ?r '? I , I r I ? D r m 1 r o0 0 n N.. o p -1 p z r r T O w r a z e ? F b lb q o --r w a 3 0 'n ?i C `, y 1 w b4 n m Z ? J p X T r r o d b fi