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'
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