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HomeMy WebLinkAbout19991231 Ver 1_COMPLETE FILE_19990115State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director fflQ'M4WA 1 • '?j A MMOAMMON NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 22, 1999 Beaufort County DWQ Project # 991231 APPROVAL of 401 Water Quality Certification Mr. David J. DeMont 652 South Lakeside Drive Raleigh, North Dear Mr. DeMont: You have our approval, in accordance with the attached conditions, to place fill material in 1,092 square feet of wetlands or waters for the purpose of repairing a bulkhead, as you described in your application dated November 5, 1999. 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 N. For this approval to be valid, you must follow the conditions listed in the attached certification. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General 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 919-733-9646. Sin ely, PrrSteven Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Central Files Doug Huggett; DCM Division of Water Quality • Non-Disharge Branch 1621 Mail Service Center Raleigh 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper MORANDUM J: John Dorney Non-Discharge Branch Regional Contact: Brad Shaver WO Supervisor: Roger Thorne Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name David J. Demont Project Number 99 1231 Recvd From DCM Received Date 11/5/99 Project Type bulkhead Recvd By Region 11/4/99 County Beaufort County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME CAMA Waters P7 _@N r- 29-34-49 SA NSW 30,307. r 0.03 F r ?- ?- Mitigation wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 352445 Longitude (ddmmss) 763506 Comments: No Conditions. Submitted 11 /19/99 ^c: Regional Office Central Office Page Number 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: David J. DeMont 2. LOCATION OF PROJECT SITE: Beaufort Co. off SR 1776 on Pungo River and Wright Creek at Snake Island, near Belhaven, North Carolina Photo Index - 1995: 108-1140; S19 1989: 84-10; L15 State Plane Coordinates - X:2,719400 Y: 614,100 Pamlico Beach Quadrang Lower Left 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11 October 1999 Was Applicant Present - YES J. ,_. 5. PROCESSING PROCEDURE: Application Received - 1 November 1999, Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (water & wetlands) Developed (land) (B) AEC(s) Involved:PTA, ES, EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - NA (F) Type of Structures: Existing - failed bulkhead, damaged house Planned - bulkhead (G) Estimated Annual Rate of Erosion: 6.4' in 1999 storms, 8.7' in 1996 storms Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DRFDnFD FIT .T .FTI OTT4RR (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 390ft2 River bottom (1999 damage) 702ft2 (previous damage) (C) Other Uplands (D) Total Area Disturbed: 1092 ft` (E) Primary Nursery Area: NO (F) Water Classification: SA NSW Open: Yes 8. PROJECT SUMMARY: Applicant proposes to repair/replace f 114' of bulkhead damaged in recent and past storms. DAVID J. DEMONT Beaufort County Project Setting Dr. David J. De Mont proposes to repair and replace ±114' of bulkhead at his property located on SR 1776 (Snake Island Rd.) adjacent to the Pungo River and Wright Creek near Belhaven in Beaufort County, North Carolina. The property is bordered on the west by Wright Creek, and a small area of Coastal Wetlands adjacent to a manmade boat basin, and on the east by a residentially developed lot with a house and an old bulkhead. The adjacent property owners have obtained a CAMA and Dredge and Fill General Permit to replace their bulkhead, lost to Tropical Storm Dennis. The house on the applicant's property was severely damaged in Hurricane Bonnie, and the applicant wishes to demolish the remaining structure. The applicant owns a 0.26 acre lot at the point where Wright Creek joins the Pungo River in an area called Dave Moore Point. The property has historically undergone significant erosion that was accelerated during recent and past hurricanes. The erosion is evident from a defined erosion scarp and loss of land behind a remnant bulkhead. The applicant proposes to repair a section of the old bulkhead that was damaged during the 1999 storms, and to construct a new section of bulkhead to tie into his neighbor's bulkhead alignment. Tropical Storm Dennis removed a section of bulkhead that bordered the area eroded in past storms. The applicant proposes to replace the storm damaged section of bulkhead, and then align the new bulkhead with the neighbor's bulkhead and the repaired bulkhead on his property. The area adjacent to the house is vegetated with various upland grasses, which continue toward the water's edge. In the areas effected by erosion, the grasses were washed away, leaving bare areas of clay. There is a ±680 ft2 area of Coastal Wetlands in the northeast corner of the property, but it is outside of the proposed fill area. Project Description The applicant proposes to repair and replace ±114' of bulkhead damaged by recent and past storms. The project area has had an historic erosion problem that has been accelerated by the storms. The proposed bulkhead will have a maximum alignment of 24' waterward of Normal Water Level (NWL) at the east end where damage was caused by Tropical Storm Dennis, and a maximum alignment of 13' waterward of NWL at the west end. The west end of the proposed alignment will tie into the bulkhead alignment permitted for the adjacent property owner. Anticipated Impacts The project as proposed will result in the filling of approximately 1,092 ft2 of river bottom, and shallow water habitat. Localized turbidity increases will result from construction activities. Tracey L. Wheeler - 1 November 1999 David J. DeMont - Narrative Description of the Project and Construction Methods I am seeking a Ma*or Development Permit to restore my bulkhead which was damaged in the last twelve months: Hurricane Georges after it exited from the South Carolina coast on the first and second of October in 1998, Dennis as it moved into North Carolina an then returned, and Floyd when it came ashore on September 16, 1999. Also, previous damage was, done to the bulkhead by Hurricanes Fran and Bonny and which will be part of the project. The damage done in the different periods is illustrated in Plat 1. in the application. If I obtain the permit, I plan to replace 112 ft of the damaged bulkhead.with another wooden bulkhead using salt-treated (2.5) lumber for the posts and boards. Their will be three layers of overlapping boards with landscape fabric between the boards and on the back of the bulkhead will be set back from the damaged bulkhead to make a straight alignment with my neighbors bulkhead. The work will be done by a competent local bulkhead builder. The project will require back-filling immediately after the bulkhead is in place (shored up and tied back). I have estimated that 74 cubic yards of back-fill will be needed to fill the space below the NWL. Some upland top soil will be brought to the site to shape the slopes and plant grass. Form DCAI-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name _ MO M 0, UN IYL 6 t Address 652- S, 44t?eSide- .17ir. City R01611 q1I State C. Zip ;?-!Z6;,0,6- Day Phone IN I `?? 71S`0J 87 Fax'-hI733- 35"3-8 b. Authorized Agent: Name Woe- Address City Zip Day Phone Fax State Project name (if any) NOa1e>- NO E. Permit will be issued in name of iandowner(j), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. ` County Gu tilY b. Ciomm unity or landmark T ovis•b42 - Pe-l ka je , c. Street address or secondary road number Lvt ?`2 ?zHi11S?tIA Ffurbah ???,kc.Ts?r? d. Is proposed work within city limits or planning jurisdiction? Yes k,-No e. Name of body of wr nearest project (e.g. ricer, creek, sound, bay) atgri4h-t 6ee-A+ rlik5 ?liye% 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. 4, G U bulkhead aw Ve-ml)Ve a ?ti el-bleak L,nus<: b. Is the proposed activity maintenance of an existing project, new work, or both? Rth c. Will the project be for public, private or commercial use? Pvo'V et t-?- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more s ace is needed, lease attach a additional naQes. Kto PtA Itr SAC fle) MS P CA, way. Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS sQe a. Size of entire tract 9 N eaSE 0 "i0al, SP?e Platy. n. v i c rl,? r fv S/1?, b. Size of individual lotX 0.)_6 acre-5 Approximate elevation of tract above or NWL y pe-ef m. Describe existing wastew ter treatment facilities. Se2hc hwK and 67fee- f1e-1 Describe location and type of discharges to wate of the state. (For example, surface runoff, sanitai wastewater, industrial/commercial effluent, ; "wa- down" and reeidentiakdischarges.) sits- ac0. t-up1d T d. Soil type(s) and texture(s) of tract tJQ MOSfly Oat/, 06C ;C yy 6eLO' l tC_ some Sn0d. e. Vegetation on tract ?QP-l acts GraS5 GS, by f. Man-made features n w on tract ; l Ci,id 6our1 wk lr 51 t(r i ?' y J g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) 1 Conservation- w4ee, - Transitional Developed -1.,-d Community Rural Other h. How is tl?e tract zon by local government? Nof zo t7 e i. Is the proposed project consistent with the applicable zoning? Yes No ??? (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been ?No done for the tract? Yes 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 No Are there wetlands on the site? Yes No Coastal (marsh) Other If yes, has a delineation been conducted? t (Attach documentation, if available) PI6-1 a5 0 Se e jvkt f 11, 1 o. Describe existing drinkin$ water supply source. GNU ?1 f v 1?/a 7?e lr 5. ADDITIONAL INFORMATION In addition to the completed application form, :tl following items must?lbe submitted: • A copy or the deed (with state application only) other instrument under which the applicant claims tii to the affected properties. If the applicant is n claiming to be the owner of said property, the forward a copy of the deed or other instrument and which the owner claims title, plus written permissic from the owner to carry out the project. C)1< • An accurate, dated work plat (including plan ;vie and cross-sectional drawings) drawn to scale in blac ink on an 8 1/2" by 11 " white paper. (Refer i Coastal Resources Commission Rule 7J.0203 for detailed description.) p (< Please note that original drawings are preferred at only high quality copies will be accepted. Blue-Iii prints or other larger plats are acceptable only if adequate number of quality copies are provided t applicant. (Contact the U.S. Army Corps Engineers regarding that agency's use of larg drawings.) A site or location map is a part of pl requirements and it must be sufficiently detailed guide agency personnel unfamiliar with the area to t1 Revierit (11195 Form DCM-MP-1 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. N A: r Name Address Phone • 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 4/1,111'am C. PI Address Qo He Phone c - o Name Chavlp rl• i Address D 71/ G YS C'Wou; d Phone - DD -Dot; • 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. 4A, • 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 land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 6. CERTIFICATION 'AND PERMISSIOTT TO ENTER ON LAND I understand that any permit issued in response to thi: application will allow only the development described it the application. The project will be subject to condition., and restrictions contained in the permit. I certify that to the best of my knowledge, the propose( activity complies with the State of North Carolina'! approved Coastal Management Program and will N 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 federa review agencies to enter on the aforementioned lands in connection with evaluating information related to thi: permit application and follow-up monitoring of Atha project. ? I further certify that the. information provided in thi: application is truthful to the best of my knowledge. „J This is the ?2 day of Oc r, 19 . Print Name ?G yi'd Te_ MbH Signature /O._ 0, Landowner or Authorized Agent Please indicate att project. i!/ DCM MP-2 DCM MP-3 DCM MP-4 _ DCM MP-5 _ DCM MP-6 achments pertaining to your propose( Excavation and Fill Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE: Please sign and date each attachment in thi space provided at the bottom of each form. 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 he given in feet. Average Fiaal Existlag Project Length Width DeDth DeDth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) b Revved 03/95 ?, fJ ,bs f q ? rf: +w 1. EXCAVATION NIA 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 /VIA 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? Form DCNI-NIP-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 stabilization a. Type o16horeline stabilization 1 7' f. Type of bulkhead or riprap material "OdIM (rkJteQOI --flu 2 5" 54I ?1eA g. `''Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill Gu Icy llh S h. Type of fill materi M0 6b& ClUy -- 50PfiP_ i. Source of fill material Uplai d ' Pu??ui5el (1"VC? Co-aMYltQc-cir,( t'??l?z? OV?S b. Length c. ? Average distance ec? ? Ft waterwar f i!d ? 1Y3 GG For NWL - t. v c1. Maximum distance waterward of?i?I'? or NWL ew - 13 Ft`. ? olo? - z y Ff e. 21'et"age- reline er?c?wn Burin 'prec ng 12 months 6.5F' o!d - (Source of information) /G'G 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 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? tlk?leac?. S' 0,9- S'P_ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Gru I- oS c. Will wetlands be crDssed in transporting equipment to project site? Yes _1,?" No If yes, explain steps that will be taken to lessen environmental impacts. ?a?t ? ? ?Y? ??l0?1? Applicant flxProject N Signature is-2x- 9? Date V David J. DeMont - Directions to my property. My property is located at the tip of Dave Moore Point where Wrights Creek joins the Pungo River. From Washington, N.C. take Hwy 264 to Hwy 92. Proceed through Bath. Hwy 92 becomes Hwy 99 when you pass the ferry. Continue to Ransomville where you will take the left fork (SR 1722) when Hwy 99 turns left toward Belhaven. Continue to Winsteadville and turn right at the crossroad (SR 1725) toward Pamlico Beach (5 miles). When you pass two small churches on your left, be prepared to slow down. At the baseball back stop, turn left, pass the dump on your left and turn left on the gravel road (SR 1776). This is the road to Peninsula Harbor (Snake Island). At the end of the County Road, turn right and then left in front of the cottage with the brick facade. You will see my ruined white cinderblock house at the end of the drive. See also the map of the original layout of the lots in ,the Peninsula Harbor tract which is attached to this sheet. .............. ...... ....... f ... :. ........................... ............. etie? r !: r r t ? r 1 i ..::::::.: ::......::::::... .............. ..... .. .....:...:.....:.:... , i ; a - .gyp miles i ..:..........'....... ......................... ........ .......................................:. 1 Site Map For David J. DeMont 10-22-99 1 of 4 N ti 1 r on ?. • \ -?Malla?? ? s. ? ? ,"- ._ - "" bra 30µ ` e• `rJ' \ z3•P ..O ? s ? ?\ JJ \?7 • " ? a P So RG PO c! rJ. Tti P pp f (ty ©` ,? I ? ? © c?0 600'0 Q" to O ? \ 14 o,?\ f ? 15/ 279 ? ?t? _/ ? ? O ` .1 ? i 04 \j `nLY Oe \`\i J N ' p / l ^ ?o n N C. 1956 1966 \ r^ l ?1 o a \ 4 .Dpi LIME \ 'o a„ v \ J? `t / -- 30' ROAD 393• PLAN OF LAND N. C.PULP CO, 14X; 1 SUBDIVISION OF LOTS \ BELUNG/NG TO D.P.MOORE HEIRS P"UCO BEAC"Q';AR• WEI.OUXF_REG.GURV. - AUO.V.lu3b =ALE,I'¦I00' r ?o{ L{ r 5 .? o h 3.. ? 5- s Q. R ~ . ? / ? _ ? .(lam 4-? 3 I .s -tz A C3 A M ? ? ?onal?l? Ih9 y S J 41 ? 6 SS 6 ? i .? S p S l r J o? o l? el ? S O ? -{ - 01 Q s Qd Q 0.