Loading...
HomeMy WebLinkAbout20020502 Ver 1_COMPLETE FILE_20020402\or vllr,, r ot ;gQG 6 O ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality April 29, 2002 DW Q# 02-0502 Hyde County Stanley and Jennifer Equils 275 Creekside Drive Swan Quarter, NC, 27885 APPROVAL of 401 Water Quality Certification Dear Mr. and Ms. Equils: You have our approval, in accordance with the attached conditions, to shade 0.01 acre of non-vegetated wetlands in order to construct a dock in an existing basin off a manmade canal to Swan Quarter Bay in Hyde County, as described in your application received by the Division of Water Quality on April 2, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3371, which can be downloaded from our web site at http://h2o.enr.state.nc,us/ncwetlands . This Certification allows you to use your CAMA Pemit when it is issued by the NC Division of Coastal Management. In addition, you should get any other federal, state or local permits bdore you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the Geneel Certification. This approval is only valid for the purime and design that you described in your application. If you change your project, you must notify us in writing and you may be recpArai 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 Certificationend approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the fubur4exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, younust follow the conditions listed in the attached certification. If you do not accept any of the condlitims of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter- Toask for a hearing, send a written petition conforming to Chapter 1508 of the North Carolina General Statutes to the Office of Adlmistrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask.lor 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 Tom Steffens ar Deborah Sawyer in our Washington Regional Office at (252) 946-6481 of Cyndi Kafefy in our Central Office in Raleigh at (919) 733-9721- I' w e J. Thorpe, Ph.D. Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett 020502 North Carolina Division of Watter0w6ty, 401 Wetlands Certification Unit, 1650 Mail Service Center, RaleigkNC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, W 27604-2260 (Location) 919-733-1786 (phone), 919-73311*3 (fax), http://h2o.enr.state.nc.us/ncwetiands/ A LT PAW 020502 NGDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary 28 March 2002 MEMORANDUM TO: Mr. John R. Dorney, Environmental Biological Supervisor Division of Water Quality APR 2 2?Q? FROM: Doug Huggett _ _„?L UJETANlu_G_(?OUP --'? Major Permits Processing Coordinator `;'??aEri un?irr sECru?? SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Stanley Equils Project Location: Off Hwy 45, on an existing basin off a manmade canal to Swan Quarter Bay off the Pamlico Sound in Swan Quarter, Hyde County, North Carolina. Proposed Project: Widen existing basin an average of 17.5' to a final dimension of 60' x 237' with a final water depth of 6'. Construction of bulkhead 262' and a 6' x 217' dock in the basin. Please indicate below your position or viewpoint on the proposed project and return this form by 17 April 2002 If you have any questions regarding the proposed project, please contact Steve Trowell at 252-946-6481. 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 proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-975-3716 \ Internet http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Stanley Equils 2. LOCATION OF PROJECT SITE: Off HWY 45, on an existing basin off a manmade canal to Swan Quarter Bay off the Pamlico Sound in Swan Quarter, Hyde County, North Carolina. Photo Index - 2000: 113 - 1202; F-19 1995: 112-1184; Q-19 1989: 2-98-3; D-4 State Plane Coordinates - X: 2,795,900 Y: 611,700 Swan Quarter Quad. (lower left corner) 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/6/01 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 3/27/02 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Community (B) AEC(s) Involved: EW,PTA,ES, PTS (D) Water Dependent: YES (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - None Planned - Dock' and bulkhead (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] nPPnrFT) MT T Un nrrTSnn (A) Vegetated Wetlands - ----- -rte (B) Non-Vegetated Wetlands 434 ftz Basin bottom (shaded) Other 4,148 ft2 39,200 ftz (Uplands) (D) Total Area Disturbed: 0.99 acre or ±43,348 ft2 (E) Primary Nursery Area: YES (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to widen an existing basin an average of 17.5' to a final dimension of 60' wide x 237' long, with a final water depth of 6'. The applicant proposes to construct 262' of bulkhead and a 6' x 217' dock in the basin. Stanley Equils Hyde County Project Setting The project site is located off HWY 45 (Oyster Creek Road) in Swan Quarter on a basin at the terminal end of a manmade canal off Swan Quarter Bay on the Pamlico Sound, in Hyde County, North Carolina. The site is located behind and adjacent to an existing farm equipment dealership. The site is a developed site with few trees vegetated primarily with upland grasses. Manmade features on the property consist of an existing 43'x 237' man made basin and associated relic spoil pile. The relic spoil pile is located on the northeast side of the basin and is ±30' wide by ±110' long piled ±6' high. Access to the site is currently by a 30' wide grassed rightaway off HWY 45 adjacent to a drainage ditch that borders the south side of the property and empties into the basin. On the south side of the drainage ditch is a soil road that runs adjacent to another canal located south of and parallel to the canal providing water access to the project site. An area of undeveloped highground exist between the two canals. The basin currently serves as a harbor for small (25' long or less) commercial fishing vessels. The existing water depth in the basin is ±6'. The project site elevation is approximately 2' above the Normal Water Level (NWL). On the northwest corner of the property adjacent the basin exists an area of coastal wetlands marsh that is part of a contiguous marsh to Swan Quarter Bay. The canal providing access to the,.basin is ±80' wide by ±2,400' long and narrows in width to ±20' for a distance of 30' before reaching the basin at the canal's terminus. Swan Quarter Bay is designated as a Primary Nursery Area by the Division of Marine Fisheries, Coastal Waters by the Marine Fisheries Commission and as SA-Outstanding Resource Waters by the Environmental Commission. Project Description The applicant proposes to widen the existing basin by an average of 17.5' with a project depth of 6' expanding the existing basin from 43' wide to 60' wide. Final dimensions on the basin will be 60' x 237'. Widening of the basin is to take place on the northeast side. All spoil from the new excavation will be placed on highground 60' landward of the basin. Prior to initiating any excavation, the existing relic spoil pile will be graded out in a landward direction away from the basin. The applicant proposes to install 262' of bulkhead and a 6' by 217' dock on the northeast side of the basin. Two feet of the proposed dock will extend waterward of the bulkhead. The applicant also proposes to conduct maintenance excavation on the drainage ditch located on the south side of the project site. The ditch has an existing top width of 8' and will be excavated to a final depth of 3. All spoil will be stacked 30' landward of the ditch, allowed to dry, then graded landward away from the ditch. A 18" x 40' tile is proposed to placed in the ditch to provide access to the property from the existing soil road located on the south side of the ditch. Anticipated Impacts The project as proposed will result in the excavation of 4,148 ft2 of uplands. A total of Stanley Equils Hyde County Page Two 39,200 ft2 of uplands will be filled and graded. Localized short term turbidity will result from the excavation of the basin as well as the bulkhead and dock installation. Completion of the proposed project will likely lead to increased use of the basin by commercial fishing vessels and their associated impacts. Steve Trowell - Washington Regional Office - 27 March 2002 Stanley and Jennifer Equils 275 Creekside Dr. Swan Quarter NC 27885 Hyde Home Phone (252) 926-9802 March 26, 2002 Washing District Attn.: Mr. Terry Moore PO Box 2188 1424 Carolina Ave. Washington, NC 27889-2188 APPLICATION FOR MAJOR CAMA PERMIT Dear Mr. Moore: Enclosed you will find an application for the proposed excavation of the basin, clean out of drainage ditch and addition of an tile, construction of docks, bulkheads and the leveling of soil removed by excavation. First we propose to grade the existing spoil that runs on the north side of the existing basin, the spoil will be graded to area landward away from the existing basin. Next we propose the excavation of the existing basin this will enlarge it from a width of + - 4r3 f t to a new width of +/- 60 feet. The length of the existing basin is +/- 237 feet, that will not change. fi. ;Aidth of 17.5 feet by 237 feet in length by 6 feet in depth will be excavated, this soil will be placed in a spoil area 60 feet away from the edge of the north side of the basin and allowed to dry, then will be graded. The spoil area will be 180 feet long and 50 feet wide and contained by silk fence. Planting of grass will control any erosion. The second step will be the proposed maintenance excavation of the exciting drainage ditch Then there will b_ e an addition of a 18 inch by 40 foot tile in the drainage ditch on the north east boundary. The ditch will be excavated to the original size of 8 feet wide and 3 feet deep. The soil removed will be placed 30 feet away from the edge of the ditch on high ground and allowed to dry. It will then be graded at a later date. There will 1.5 feet of soil to cover the top of the tile. The tile will make it easier to enter the property. The third step will be to construct a dock and bulk heads. The pilings will start at the southeast corner of the basin and run 68 feet eastward to the north side of the basin then turn north 90 degrees, 237 feet to the north end of the basin. The pilings will be 6 feet apart and 2x8 stringers will connect them, three sets of 2x6 stringers will run the length of the dock. The dock will be deck with 2x6 lumber.The bulkhead construction will have two set of stringers made of 4x6's will be fastened to the out side pilings. The top one will be 3 feet above normal water level. The second one will be fastened at water level, then there will be a double layer of 1x8 bulk-heading material fastened inside of the 4x6's. After this is completed, soil on site will be used to fill behind bulkhead. The last step of the project will be to level and grade all soil in the spoil areas and to plant grass to stop any erosion. Sincerely, Stanley and Je er Equils Form DCM MP 1 APPLICATION (To be completed by atl apppicants) 1. APPLICANT a. Landowner: Name ?S?a•? I?u ?rr, ?e? o ?!S Address City State _ ,V C , Zip -2 ?8Y:5 Day Phone 9,6- 9YO2- Fax /Y b. Authorized Agent Name Al Address City State _e4- Zip_ Day Phone _ Fax r c. Project name (if any) /V Nor Pernrr wiII be izw in name gflandowner(s); and/or prnjea nave. a. County b. City, town community or andmark 2. LOCATION OF PROPOSED PROJECT" r c. Street address or secondary road number d. Is proposed work within city Iimits or plannin€ jurisdiction? Yes X No of water nearest prqjez? (e.g?river, e. N? sound ha 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 Min activities. b. Is the proposed activity maintenance f an existing project, new work, or both? c. Will the proj a for pu Iic, private or commercial use? 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 napes r ? Form DCM-MP-1 4. LAND AND RATER CHARACTERISTICS a. Size of entire tract Z l &/ ??L b. Size of individual lot(s) AY2" c. Approximate elevation of tract above MHW or NWL .1 / -/Q ie,?' ' / - d. Soil type(s) and texture(s) of tract Q? e. Vegetation on tract f. Man-made features now on tract AnIn g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) nervation Developed Rural Transitional Community Other -_ h. How is t> e tr zoned by local government? L Is the propos roject consistent with the applicable zoning? Yes No (Auad, zonin avrnvlimiae .--fcate, if applicable) j. Has a professional archaeological assessment been done for the tract? 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? Yes ? No 1. Are there wetlands on the site? V Yes No Coastal (marsh) ? Other If yes, has a delineation been conducted? ?b (Auach doanwntation, if available) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to wate of the state. (For example, surface runoff, sanity wastewater, industrial/commercial effluent, "wa 7 " and residential discharges.) " o. Describe existing drinking water supply source. - a2aA - 5. ADDITIONAL INFORMATION In addition to the completed application form, ti following items must be submitted: - • A copy of the deed (with state application only) c other instrument under which the applicant claims tit to the affected properties. If-the applicant is nc claiming to be the owner of said property, the forward a copy of the deed or other instrument unde which the owner claims title, plus written permissio from the owner to carry out the project. • An accurate, dated work plat (including plan vies and cross-sectional drawings) drawn to scale in blac, ink on an 8 1/2" by 11" . white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for detailed description.) Please note that original drawings are preferred an( only high quality copies will be accepted. Blue-Iin prints or other larger plats are acceptable only if m adequate number of quality copies are' provided bi applicant. (Contact the U.S. Army Corps a Engineers regarding that agency's use of large drawings.) A site or location map is a part of pla requirements and it mtist be sufficiently detailed tc guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days,in which to submit comments I certify the best of m ' y knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name r I certify that I am authorized to grant, and do in fact, Address uGf Cgrant permission to representatives of state a d f d l n e era Phone - .? - / .7 review agencies to enter on the aforementioned lands in Name 111/5 G > & connection with evaluating information related to this . . pe? Address Z permit application and follow-up monitoring of the Phoney D??u? S. C ?5a project. Name I further certify that the information provided in this Address application is truthful to the best of my knowledge. Phone 793'/ • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ©c7 • A check for S25W ade 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. This is the .ra o day of Print Name Signature ?. r or A?tho Ag Please indicate attachments pertaining to your proposed project. k DCM MP-2 DCM MP 3 Excavation and Fill Information U - pland Development JC 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. 4..,:-.a MOW Form DCM MP 2 EXCAVATION AND FILL (Excep( bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Fotm 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 !reef„ A"WW Find F-Tkfloe eject ung& Waft DeP& Devoe Access channel (MLW) or OVK L) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding Shorelin: srabihmion) 1. EXCAVATION a. Amount of material to be excavated from t MHW or NWL in cubic yards,-L- b. Type of material to be excavated c. Does the area to be excavated include a wetlands (marsh), submerged aquatic vega (SAVs) or other wetlands? Yes fit' d. Highrround excavation in cubic yards 2e Z/. (c Gatti"4 91,11, a 2. DISPOSAL OF EXCAVATED MATERUL - a. Location of disposal area oe -s, b. Dimensions of disposal area 60 k I ?O C. Do yoy claim tide to disposal area? ?_ Yes No If nfl, attach a letter granting permission frot owner. d. Will a disposal ?a be available for i maintenance? Yes No If yes, where? Form DChI-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X_ No f. Does the disposal include any area in the water? Yes X No If Yes, (1) Amount of material to be placed in water AmE (2) Dimensions of fill area /1 .lC (3) Purpose of fill 3. SHORELINE STABILISATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length b. Will fill material be placed in coastal well (marsh), SAVs or other wetlands? Yes X No If Yes, (1) Dimensions of fill area (2) Purpose of fill c. Average distance waterward of MHW or NWL 'd. Maximum distance waterward of M1-1W or NWL -9 / e. Shoreline erosion during preceding 12 months /YDfTF ('Source of infv"wtion) f. Type of bulkhead or rprap material ,"J_ Uzi' . l g. Amount of fill in cubic yards to be placed below water level (1) Riprap W (2) Bulkh ad hackfill h. Type of fill material 5. GENERAL. a. How will excavated or fill material be kept of and erosion controlled? '/?sCIrrA b. What type of construction equipment will be (for example, dragline, backhoe, or hydr ---dredge)?- c. ... / Will wetlands be crossed in transpgrting equip to project site? Yes _? No If yes, explain steps that will be taken to li eavironmg am impacts. i. Source of fill material 4. OTHER FILL ACTI MESS (Excluding ShoreUm Stabilization) a. Will fill material be brought to site? Yes X_ No Ap t or jest Namc f? 44 Signature Date 7 400 copies of this public document were printed at a total cost of $11.00 or $ .03 ner come. Form DCM-MP-3 UPLAND DEVELOPMENT (Construction andfor land disturbing activities) 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 prolx)sed project. a. Type and number of buildings, facilities, units or structures proposed b. Number of lots or parcels ad C_ h. Projects that require a CAMA Major Develo Permit may also require a Stormwater Certific Has a site development plan been submitted Division of Environmental Management for re yes w Y_ No If yes, date submitted i. Describe proposed method of sewage disposa 4D11 C5 c. Density (give the number of residential units and the units per acre) 11A d. Size of area to be graded, Mimi or disturbed including roads, ditches, etc. 9'-200 ye .z , 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 ,__YNo If yes, date submitted f. List the materials. (such as marl, paver stone, asphalt, or concrete) to he used for paved surfaces. g. Give the percentage of the tract within 75 feet of NIRW or NWL, or within 575 feet in the case of an Outstanding Resoume Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for j. Have the facilities described in Ite 1- received state or local approval? /7/0 Mnach gpprnpr re durunwntwinn) k. Describe location and type of proposed dischar waters of the state (for example, surface r sanitary wastewater, industrial /commercial eft 'wash down" and residential- discharges), L Describe proposed drinking water supply s (e.g. well, community, public system, etc) m. Will water be impounded? Yes J(_ If yes, how many acre n. If the project is a oceanfront developm?en)n), was the Iot(s) platted and recorded? _ 1??- s" , 'Li /6? - App ' t or Project N Sigostur? Date Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys 104 Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Docks and/or Pier(s) _ Commercial _Community Private (2) Number I (3) Length (4) Width of water body (4) Width 5 Fi Pi ?N (5) Distance * buoy(s) to be placed beyond ( ) nger ers Yes 4, o shoreline (i) Number 1111 4 (ii) Length 1 f. Mo ring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial -Community _ Private (6) Platform(s) Yes &---No (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed Wl? g. Other (Give complete description) 4.1 (8) Proximity of structure to adja ent riparian property linesg? n ? _r/ 53 _ 191, (9) Width of water body f-- (10) Water depth at waterward end of pier at MLW or b3MI. 4' b. Boathouse (including covered liftsv# (1) Commercial Private G?r?IS Sf?•?c (2) Length y (3) Width Applicant or Project N fne 1 ZZa r 1&, 4?" !? , , - ..- I - c. Groin (e.g. wood, sheetpile, etc. 4 .. , , Signature (1) Number (2) Length(s) Date `? d. Breakwater (e.g. wood, sheetpile, etc.)W/ (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands 400 copies of this public document were printed at a total cost of $7.00 or $ .02 per copy. Reviced 03/95 /l??.c: ?•en?,•,?? Chu, Rao C-/v oal - sck l S/e4 /: /V S 14 CC4r4 -f- 101^6 S;- /.. ,if/I C4eA 9;4 A n / ?E 'Pim, (?;." GT.G?b?,s ?n a LacgiffieA of if'y4a, Ti I---, a32- 71' . Is #6?K;os W ed 1g?C?o, -,'le V Df-cxtl!??aq?e Dl,fc? CsrO55 -:::S2c. ?1ta•, ?`ewt Ui ? tk)eA ks ?s+ i- d w 0 ?N 0 •o w p % +C a3a- 71' 6rA4 gopk:,%s w a? ?n Z C 1 C. T G;bbs ;? y .k Cr6o Sm-kav, ?x oh 3 ?.•.?c?s rw?l min -BA kftj Ct= <I-OCC."N f ? ?1,r;n,?trS H 3T. -Ira I 7 ;2 411 (, yL ? - ?ca /lc RFC ?ct3ih ?ro35 ?e??on g Pad'e 4cl ?A., Av. /- - $o ??GZsL?/?yfGU%) / T A Sca1c IN I