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HomeMy WebLinkAbout20000601 Ver 1_COMPLETE FILE_20000503Wetlands Tracking Facility Name Robert Sobora I County Dare Project Number `00 0601 Count y2 0Inactive Region Washi ton Project Type purpose of bulkhead I DCM Office Elizabeth City Location Brook Creek ( COE Office Washington Total Last Total Total 401s, Recvd Sent to Recvd Total Mit , Action 401 401 Mitl Acres Recvd From ; Date Region Region Feb} Date Last Action Acres Feet 401 401; „. -;. 17-7 for-q 't?jedt' 0.01 To inspections( V1018066$ Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St MEMORANDUM TO: John Dorney Regional Contact: Deborah Saws Non-Discharge Branch WO Supervisor: Roger Thnrpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Robert Sobora Project Number 00 0601 Recvd From DCM Received Date 513100 Project Type bulkhead Recvd By Region 5/8/2000 Certificates Permit Wetland Wetland Wetland Stream Type Type Impact Score Index County Dare County2 Region Washington Stream Class Acres Feet Prim. Supp. Basin Req. Req. Stream Impacts (ft.) M E LAMA OTHO Y _0N F-r 29-62 SC F- 30,307. 0.00 F_ I rF- F-OY ON Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y .O N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? Q Y Q0 N Recommendation: Q Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Commented by Region 8/4/00 cc: Regional Office Central Office Page Number 1 Facillty Name Robert Sobora County Dare Project Number 00 0601 Regional Contact: Deborah Sawyer Date: 8/25/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Doug Huggett, DCM John Dorney Central Files Gary Price, P.O. Box 591, Avon, NC, 27915 000601 State 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 A,* D E N R June 30, 2000 DWQ# 00-0601 Dare County Robert C. Sobora 32 Park Terrace Cranford, NJ, 27936 APPROVAL of 401 Water Quality Certification Dear Mr. Sobora: You have our approval, in accordance with the attached conditions, to place fill in 0.007 acre of vegetated and non-vegetated wetlands in order to construct a bulkhead on your property in Dare County, as you described in your application dated 3 May 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. 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 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 919-733-9646. Sincerely, Kerr T. Stevens I/ Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT g WA pQ0601 JAM1ts 11. HUNT JR. ;'16OVBRNOR May 2, 2000 MAY 3 `6fLL HOLMAN SCCRETARY MEMORANDUM: GROIiP A ITY SECTION TO: John R. Dorney, Environmental Biological Supervisor """"'b MoFirrrr Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert C. Sobora Project Location: Lot 177 Freebooter Court (SR 1426), Brigands Bay S/D in Frisco, Dare County off Pamlico Sound Proposed Project: Construct a 66 ft. long treated wooden bulkhead an average distance of 2 ft. waterward of the existing shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 2000. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (252) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 0S ELIZABETH CITY REGIONAL OFFICE 1387 US 17 SOUTH, ELIZABETH CITY, NC 27909 PHONE: 252-264-3901 FAX: 282-284-3723 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 1090' POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-823-8748 I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert C. Sobora 2. LOCATION OF PROJECT SITE: Lot 177 Freebooter Court (SR 1426), Brigands Bay Subdivision in Frisco, Dare County, on a manmade canal off the Pamlico Sound Photo Index - 1995: 172-1763 (L-5) 1989: 5199-7 (L-10,11) 1984: 145-390 (F-17) 1978: 90-1369 (M-12) State Plane Coordinates - X: 3017650 Y: 567800 (Buxton Quad LL) 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 14. 2000 Was :applicant Present - ?"es 5. PROCESSING PROCEDURE: Application Received - April 14. 2000 Office - I lizabeth Cin 6. SITE DESCRIPTION: A) Local Land Lase Plan - Dare Count,. Land Classification From LUP - Conservation (B) AE(I '(s) Involved: PTA. IAN'. ES. iC) Water Dependent: Yes D) Intended Use: Private E) Wastewater Treatment: Existine - None Planned - N A F) Type of Structures: Existing - None Planned - Bulkhead G) Estimated Annual Rate ot'Erosion: Less than I u. Source - Observation 7. HABITAT DESCRIPTION: [AREA] DREDGFD F11 .I TD 000601 nT14FR (A) Vegetated Wetlands CW j 165 s .ft. (B) Non-Vegetated Wetlands PTA, EW 130 s q. ft. (C) Other _.? Disturbed ES 1320 s .ft. (D) Total Area Disturbed: 1615 sq.ft (.037 acre) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 1 8. PROJECT SUMMARY: The applicant proposed to construct a 66 ft. long treated wooden bulkhead an average distance of 2 ft. waterward of the existing shoreline. R Robert C. Sobora Field Investigation Report Page 2 Site Description The applicant's property is a 8,405 sq. ft. vacant lot located at #177 Freebooter Court (SR 1426) Brigands Bay Subdivision. Frisco Village, in Dare Countv and adjacent to a manmade canal off the Pamlico Sound. The lot has an elevation of approximately 4 ft. above normal water level (NWL) and has sandv soils. The lot is vegetated with pine, wax myrtle and indigenous grasses. Adjacent property consists of similar sized lots. Neither lot is developed: however. a bulkhead has been authorized for the west side lot. The property has a shoreline of approximately 66 ft. along the canal. The shoreline is vegetated with Juncus roenierianus at the NWL and alon, the existing canal bank which is approximately 2 ft. above the NWL. The Juncus fringe varies from 2-3 ft. in width at the NWL. Shoreline erosion appears to be less than 1 ft. per year. The waters of the Pamlico Sound are classified as SA by the Division of Environmental Management and are closed to shellfish taking. Development Proposal In order to protect his shoreline and prevent flooding, the applicant proposes to construct a 66 ft. long treated wooden bulkhead an average distance of 2 ft. water%vard of the existing shoreline and to hackfill landNvard of the proposed bulkhead. The proposed bulkhead will connect at the corner with the permitted bulkhead on the adjacent lot to the west and will have a straight alignment. The maximum distance water«ard of the canal shoreline for the proposed bulkhead is 3 ft. Anticipated Impacts The development proposal will result in approximately 130 sq. ft. of Public Trust Area and Estuarine Waters Areas of Environmental Concern (AFC's) being filled and approximately 165 sq. ft. of Coastal Wetlands AEC being filled. Approximately 3 cu. yds. of fill material will be placed below NWL in conjunction with the backfilling of the bulkhead. Temporary water turbidity will occur during construction. It is anticipated that approximately 1,320 sq. ft. of Estuarine Shoreline AEC will be filled or disturbed by the construction process. Submitted by: Frank A. Jennings, III Date: May 1, 2000 APPLICATION (To be completed by all Applicants) 1. APPLICANT a. Landowner. Name RobertC. Sabora Address 32 Park Terrace City Cranford State NJ Zip 27936 Day Phone 908-322-9467 Fax b. Authorized Agent Name Gary Price Address P.O. Box 591 City Avon. State NC Zip 27915 Day Phone (252) 995-4405 Fax (252) 995-5580 c. Project name (if any) N/A Note: Pmn& mWbe lssuedIn #ame of tendo m oys), ind/or prolbct nine 2. LOCATION OF PROPOSED PROJECT b. City, town, community or landmark c. Street address or secondary road number Freebooter Ct. SR l4 &Z t 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) Pamlico Sound 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. Construct bulkhead & backfill b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use Priva e 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. Purpose: Storm protection & erosion control; Use: Residential : Methods of construction: Heavy eguiamenlf manual labor a. County DaM 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 8405.16 sq. ft. b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 4.0' d. Soil type(s) and texture(s) of tract ;end m. Describe existing wastewater treatment facilities. None n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial affluent "wash down" and residential discharges.)- None o. Describe existing drinking water supply source. e. Vegetation on tract County Indigenous f. Man-made features now on tract None 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local/and use plan) X Conservation Transitional Developed Community Rural Other h. How is tract zoned by local government? Residential i. Is the proposed project consistent with the applicable zoning? __L _Yes No (Aftachmningcompliance cerlflcate, lfapplicable) J. Has a professional archaeological assessment been done for the tract? Yes X No 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) -Yes Other If yes, hat a delineation been conducted? NIA In addition to the completed application form, the following items must be submitted: A copy of the deed (with sate application form 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 to carry out the project. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on 8 1/2" by l i" white paper. (Refer to Coastal Resources Rule 71.0203 fora 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 the applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map Is part of plat requirements and It must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road numbers, landmarks, & the like. A Stormwater Certification, lfnecessarv. 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 Edward S. Johnson Address P.O. Box 611 Livingston. NJ 07039 Name Gary Slaydon Address 6102 Oak Wind Drive Gibsonville, NC. 27949 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. 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. 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 Environment 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 descnbed in the application. The project will be subject to conditions and restrictions contained to the permit. I certify that to the best of my knowledge, the proposed activity complies with state of North Carolina's aoproved Coastal Program and will be conducted in a manner consistent with such program. I certify that I am authorized to 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 monitonng of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the e6Z"{ day of_ l V44:,-11 2000 Print Name Gary Price Signature LaaAe? uthonzedAgent Please indicate attachments pertaining to your proposed 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 SPACE PROVIDED AT THEB07TOM OFE40H FORM r A statement of compliance with the N.C. XCAVATION ND FILL ,ept bridges and culverts) ch this form to Joint Application ror CAMA or Permit, Form DCM-MI'-l. Be sure to compicte ether sections of the Joint Permit Application relate its proposed project. cribe below the purpose of proposed excavation or activities. All values to be given in feet. nveralte rinol F,tistialt Prnlect I,emitth %%Idth Depth Depth *SS nel '"IurtNW1.l 31 n t P k akwater ter :,uding cline Ilizatitml 1. EXCAVATION a. Amount of material to he excavated below t`1 W W or M LW in cubic yards_ b. 'ryhe of material to be excavated c. I )oes the area it) he excavated include coastal wetlands (marsh), submerged aquatic vegetation d. I IiKhground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. location ot'disposal area b. Dimensions of disposal area. c. Du you claim title to disposal area`? Yes No d. Will a disposal area be available for future Maintenance? Yes No If yes, where? _ t C. Does the disposal area include any coastal wetlands (marsh), SAV's or other wetlands? Yes No f. Does the disposal include any area in water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 66 L.F. c. Average distance waterward of NIH«' or NWL d. Maximum distance waterward of NIHVV or MLNN e. Shoreline erosion during preceding 12 months l nkown (source of intormorion) f. Type of bulkhead or riprap material Timber ..Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill I h. Type of fill material Sand i. Source of fill material__ Upland / off site 4. OTHER FILL ACTIVITIES a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 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 ?. GENERAL a. How will excavated material he kept on site and erosion controlled? Bulkhead & grass b. What type of construction equipment will he used (for example, draizfine, backhoe. or hydraulic dredee)?_ Backhoe & dump truck c. Will wetlands be crossed in transportimq-, equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts Robert C. Sabora Applicant or Project Name Signature Date y `lT$ PAMLICO SOUND 30 20 10 0 30 60 LEGEND ?Tel- IT CEXISTING CONCREIFMONUMFNI o EXISTING IRON STAKE t ? )I!R C! ® 13ACKFILL li FRISCO, NC \IC WETLANDS 1 7, ^t'IAINSI t SMn:I URR(M (1R 4' EXISTING ML GROUND / \ v 4' PROPOSED BULKHEAD/ PROPOSED BULKHEAD / TYPICAL SECTION I I H )I l ill o' / SI AYDON BRIGAND'S BAY 8 I P, IjF f ?NF POINT OF `6R sI b1 F CURVATURE ?\? rl?)i FRFFf3pO T ?k coU Q Qr? ? i OCAIION SKETCH, NOT TO SCALE 111 10I'RI)I'ust1) IIUII(IfFAl)Of 011 It R5 IOL 176 101 INSON SO' h'il I -- LOT 205 I Of 206 101207 I'R( )I'OSI 1) III11 kl II AD I'I AN I OR: ROBERT SA130RA ]EANNC 13. SAQORA 1.01- 177 13R1(IIANDS' BAY I RIS( O, NC ------- Township c ounly State I IATI1 RA5 I )AR1 mmlllll? NORTI I CAROLINA Date I ile Number lone Pin Number _01/00 188411) _ AC 05 0516 08 78 5214 Scale 1 H/Pg _ _ Fuse 11onll I'levalion _. Zoning 1" = 30" - 065 Z4 7.00' S 1 W(In ll'II 16'I'v m e (nnununily/I',uu'I/tiullix Average OfO(Jll( L evalion M13 3, I)XF 2 375.310 0815 1) 4.0' rkoposto it p k/ ?Fqn Nivi. _ PROIlOSfn 111' RI I;IIIRNWAII