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HomeMy WebLinkAbout20020641 Ver 1_COMPLETE FILE_20020426Michael 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 DWQ# 02-0641 Bertie County Dr. Horace Ward 208 Bull Hill Road Washington, NC, 27889 APPROVAL of 401 Water Quality Certificatiae Dear Dr. Ward: You have our approval, in accordancuwith the attached conditions, to place fill in 0.09 acre of non-vegetated wetlands in order to fill an existing man-made basin, stabilize 1 M feet of shoreline, re-position a fuel tank and irrigation pump, relocate an intake pipe and construct a pump intake access platform adjaantto the Roanoke River in Bertie County, as described in your application received by the Division of Water Quality on April 26, 2002. Lifter reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3371, whkh can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use your CAMA Pewit when it is issued by the NC Division of Coastal Management. In addition, you should get any other federal, state or local permits ixfore you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply W?llershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the Geneaf Certification. This approval is only valid for the purimse and design that you described in your application. If you change your project, you must notify us in writing and you may be reWlvd 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 Certificationand approval letter and is thereby responsible for complying with all conditions. If total wetland fills for=this project (now or in the futur4;exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, yoernust follow the conditions listed in the attached certification. . If you do not accept any of the conditins of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Taask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Adri nistrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you askkfor a hearing. This letter completes the review of heDivision of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens or Nborah Sawyer in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721L Attachments cc: Corps of Engineers Washington Field Ofliee Washington DWQ Regional Office Central Files File Copy Doug Huggett Tim Phelps, 208 Bull Hill Road, Windsor UC,27983 020641 North Carolina Division of WaterQuafity, 401 Wetlands Certification Unit, 1650 Mail Service Center, Rater, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, % 27604-2260 (Location) 919-733-1786 (phone), 919-7336893 (fax), http://h2o.enr.state.nc.uslncwetiands/ ?.. , AX, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management . Michael;: Easley Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary 02 oe4 23 April 2002 0 MEMORANDUM TO: Mr. John R. Dorney, Environmental Biological Supervisor Division of Water Quality F ,z FROM: Doug Huggett? Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Dr. Horace Ward Project Location: Off SR 1106 adjacent to the Roanoke River near Windsor in Bertie County, North Carolina Proposed Project: Applicant proposes to fill an existing basin used for irrigation, riprap 100' of shoreline, re-position an existing 500 gal. fuel tank and diesel powered irrigation pump, relocate the existing. intake pipe out into the Roanoke River, and construct a 10' x 6' pump intake access platform. Please indicate below your position or viewpoint on the proposed project and return this form by 13 May 2002 If you have any questions regarding the proposed project, please contact Guy Pearce 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: 252-946-64811 FAX: 252-975-37161 Internet http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dr. Horace Ward 2. LOCATION OF PROJECT SITE: Bertie County off SR 1106 adjacent to the Roanoke River near Windsor, North Carolina Photo Index - 2000: N/A 1995: N/A State Plane Coordinates- X: 2,583,300 Y: 799,600 Quitsna Quadrangle Upper Right Corner 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE:. Dates of Site Visit - 9 April 2002 Was Applicant Present - Yes (Agent: Tim Phelps) 5. PROCESSING PROCEDURE: Application; Received - 10 April 2002 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1998 Bertie County Land Use Plan Land ClassificationTrom LUP - Conservation (Land, Water, Wetlands) (B) AEC(s) Involved: Public Trust Area, Estuarine (Joint) Waters, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Private/Agriculture (E) Wastewater Treatment: Existing - N/A Planned -N/A (F) Type of Structures: Existing- 75'x50' Irrigation Basin, Irrigation Pump with Intake Pipe, Fuel Tank, Access Road Planned Fill existing Basin, relocate Pump/Pump Intake and Fuel Tank, Riprap 100' of Shoreline, and Construct 10'x6' Pump Intake Access Platform (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands ±3750 ftZ Manmade Basin (C) Other (Uplands) ±21,780 ft2 Slope/Grade/Seed (D) Total Area Disturbed: 3,750 ft, 0.09 ac (E) Primary Nursery Area: No (F)- Water Classification: C Open: No 8. PROJECT SUMMARY: The applicant proposes to fill an existing basin used for irrigation, riprap 100' of shoreline, re-position an existing 500 gal. fuel tank and diesel powered irrigation pump, relocate the existing intake pipe out into the Roanoke River; and'construct a 10'x6' pump intake access platform. Dr. Horace Ward Irrigation Pump Relocation Project Bertie County Project setting The project site is located off S R I 106 adjacent to the Roanoke Rivernear Windsor in Bertie County. A review of our Archives Topographic Maps indicates that there are no historical or archeological sites within the project area. The site is a ±45 acre tract of land leased by Dr. Horace Ward from Joseph and Esther Allen (see attached lease agreement). The property measures ±100' along the Roanoke River shoreline. An approximately 75'by 50' manmade basin cuts into the property from the river. The water depth in the basin, is t2 deep. A diesel powered irrigation pump resting on a 10'by 8' concrete pad (with a roof) is. adjacent to the basin, and an 8" intake pipe extends from the pump into the irrigation basin. A 500'gallon fuel tank rests on an 8'by 10' concrete pad. Access to the site is provided by a 20' wide path that runs north to SR 1106. Filling of the existing basin by sediment frequently hinders operation ofthe irrigation pump, and regular ongoing maintenance excavation is required to maintain sufficient water, depth in the basin to allow the pump to operate efficiently. The request to modify the current configuration of the pump/pump intake pipe is an attempt to eliminate the need for routine maintenance excavation prior to every pumping event. The Roanoke River is classified as "C" by the Environmental Management Commission, with ",best uses" being aquatic life propagation and survival, fishing, wildlife, secondary recreation, and, agriculture. Project description The applicant proposes to close off and fill the existing f75' by ±50' (3750 fe) manmade basin. Riprap will be placed along +100 of shoreline, filter fabric will be placed on the landward side of the riprap to prevent sediment from entering the river, and clean fill material obtained from an adjacent 05 acre upland site will be placed in the existing basin. Approximately 1675 yds3 of fill material will be required to fill the basin to existing ground level (+10 feet above normal water level). An 8' by 10' concrete pad with a roof (pump platform), will be placed atop the`newly filled area, and the existing irrigation pump will be relocated onto this pad. An 8' by 10' concrete pad will be placed outside the north boundary of the fill area and the 500 gallon fuel tank, meeting industry standards for self containment of any spills, will be relocated onto this pad. A 6' by 10' pile supported platform will be constructed over the riprap to provide access to the pump intake pipe for maintenance or repair. The irrigation pump intake pipe will run from the pump across the platform and will protrude ±30' into the Roanoke River. Anticipated impacts The project as proposed will result in the filling of +3750 ftZ of a manmade basin adjacent to theRoanoke River. The placement of riprap will result in the filling of ±500 ft2 of river bottom. The project as proposed will cause short-term localized turbidity as a result of the construction activities. GUY C. Pearce April 22, 2002 5 April 9,2002 Mr. Terry Moore, District Manages NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 278,89 Dear Mr. Moore: Enclosed please find an application for a CAMA/Dredge and Fill permit, submitted in behalf of Dr. Horace Ward. The Project Site is located off SR 1106,,near the, St. Frances Church in Bertie County. The property is owned by Joseph and Esther Allen. Dr. Ward has an easement agreement with Joseph and Esther Allen (copy attached) for access to the"Roanoke River to allow him to operate an agriculture irrigation pump for at this site. The irrigation pump is diesel powered 150-H.P. with an estimated pumping capacity of 800 gallons per minute. The.(diaameter S? intake pipe for theirrigation pump is currently located within an existing basin(75' long by 50 wide by 10' deep-measured from ground level) that was excavated Int6 high ground adjacent to the bank of the river. Due to sediment deposits in the basin over time, and the naturally fluctuating level of the Roanoke River,;. the, water depth in the existing basin is not always sufficient to allow operation of the irrigation pump. In order to remedy the problem, Dr. Ward proposes to relocate the pump intake pipe out into the Roanoke River. This is to beaccomplished'by:. 1. Filling of the existing basin to, ground level, and placing riprap along the riverbank for shoreline stabilization. Fill Material will be obtained from an upland source. 2- Construction of a 5' x10' concrete pad in the filled area. The irrigation pump that is currently located on high ground adjacent to the basin will be relocated and placed on the concrete pad. A roof will cover the irrigation pump to shelter the 'pump from rain,, etc. 3. Relocation of the irrigation pump intake pipe to,extend into the Roanoke River ` so that sufficient water depth is available to allow the'irrigation`pump to operate. Form DCM-MP-1 APPLICATION, (To be completed by allapplicants) b. City, town, community or landmark St. Franco 0l3urch I. APPLICANT c. Street address or secondary road number SR 1106 a. Landowner0oseph and Esther Allen -' Name Dr. Horace Ward Leasee) d. Is proposed work within city limits or planning jurisdiction?. 'Yes _x No Addres 1317 N t e. Name of body of water nearest project {e.g. river, creek, `sound, bay) Roanoke River City Windsor State N 2598 J94 - Zip 27983 Day Phone 252 3. DESCRIPTION AND PLANNED USE Fax 252-794-5508 OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. Name Tim Phe1 s building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address 208 Bu11 Hill Rd fill i ng A TrP exravatpd ha.Gi n to ex'ist'ing elevation and relocatdr?? Pump. See attached narritive City Windsor State NC letter. Zip 2 7 9 8 3 Day Phone 2 5 2 -7 9 4- 3 4 9 6 b, is the proposed activity maintenance of an existin) project, new work, or both? both Fax 252-794-5508 c. Will the project be for public, private or commerch _-.used- private/aggriculture c. Project name (if any) D- 14nr a r a C, _ WP rd Irrigation pump relocation p r o j e c d. Give a brief description of purpose, use, methods c construction and daily operations of propose project. If more space is needed, please attac NOTE: Permit will be issued in name of landowner(s), and/or additional pages.' ?' - the it[ LL.-i i- project name. Wester 1-evel ,_of ?s]aCLC7?Cc -Ri 7T-_ & .: fJ-J;1i=ht :gyp-,--1-?'nt- t-xiSting hasin by sediment, the.irrigation pump in 2. LOCATION OF PROPOSED take needs tobe 'relocated out in the Roanoke ' River .` This will be PROJECT accomplished-by I filling the ex- isting basin and relocating the County RPrriP a irrigation pump` & pump. intake . Revised 03195 Form DCM-M ?-1 m. Describe' existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS N Ta a. ; Size of entire tract App. 45 acres n. Describe location and type of discharges to waters of the state. (For example,' surface runoff, sanitary b. Size of individual lot(s) N/A wastewater, industrial/commercial. effluent, "wash down" and;residential discharges.) c. Approximate elevation of tract above MHW or, surf ace' runoff NWL 12 d. Soil type(s) and texture(s) of tract o'. Describe existing drinking water supply source. ..Roanoke clay None e. Vegetation on tract Hardwood & grasses f. Man-made features now on tract access road, fuel tank, diesel powe re(P- ADDITIONAL INFORMATION irrigation pump & pump intake. g. What is the CAMA Land Use Plan land addition to the completed application form the classification of the site? (Consult : cast land use pttai.) following items must be submitted X_ Conservation Transitional A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner' of said property, then N Q forward a copy, of the deed or other'-instrument under which the owner claims title,'plus,written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes Na N/A (Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view ?........- _..._.. _ _ Yian.YV. rl_n_rnV .Y ?7V?iV.VcpO,,(. -w-tio YaY1 l_dra,.:Y f?i.Y.Y'? Yran. el-dr.--sca1P-in' .vhlarlr _..__ `.Y wn Yt -© i?r e -in. Has a professional 'archaeological assessment been ink on an 8, 1/2" by 11" white paper. (Refer to ; done for the tract? Yes _X No Coastal Resources Commission Rule 73.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings' are preferred and Historic District or does it involve a 'National .only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable, only' if an Yes XNo . adequate number of quality copies are.,provided by applicant. (Contact the US. Army Corps of 1. Are there wetlands on'-the site? Yes x No Engineers regarding that agency's use of larger Coastal (marsh), Other drawings.) A site or location map is a' part of plat If yes, has a delineation been conducted? N/A requirements and it `must be sufficiently detailed to (Aaach docununtation, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 , Form DCM-MP-1 site. , Include highway or secondary road (SR) numbers, landmarks, and the like. .6. CERTIFICATION AND PERMISSION TO ENTER ON LAND ssa c e i if t e • - ry. s ne e on ion, rtifica A Stormwater C • A list of the names and complete addresses, of the I understand that any permit issued in response to this application will allow only the development described in adjacent waterfront (riparian) landowners and the application. The project will be subject to conditions signed return receipts as proof that such owners and restrictions contained in the permit. have received s copy of the application and plats by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. Name I, certify; that I am authorized to grant, and do in fact,' Address grant permission to representatives of state and federal' Phone review agencies to enter on the aforementioned lands in , connection with evaluating information related to this Name h Cs 0 s-A w•c?? permit application and follow-up monitoring of the Address CL a7cj{,,,3 project. Phone Q-G -79 14 - q1 I further certify that the information provided in this L c-, t? Name.i',\I - application is truthful to the best of my knowledge. 7 t Address Cr-0 f; Q_ Phone i`2! (4 . ` This is the 9 day ofAD r i l , 190 2 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Tim Phel ps permittee, and issuing dates. N/A Signature Landowner or Authorized ` _-•--- ,._:: ,?,_., . ??o_* _±?e_no„,?„,o„±_?f _-__ 0.4 --- Please indicate attachments pertaining to your proposes Environment, Health, and Natural Resources- Project. (DEHNR) to cover the costs of processing the x DCM MP-2 Excavation and Fill Information application. x DCM MP-3 Upland Development x DCM MP-4 Structures Information • signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development` • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in 0 Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. 400 copies of this public document were prin ted at a total cost of $52.48 or $ .13 per copy. Revised 03/95 Form DCM-MP-2 EXC NATION FILL AND (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 Final Existing Project LenPth Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater .l ' ?i :%r..•x Other (Excluding ] 5 ' 50' 2 ' +10' shomline E l ev . stabilization) (Fill Basin for irrigation) RevLSed 03195 1. EXCAVATION a.Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes x No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF, EXCAVATED MATERIAL a. Location of disposal area No b. Dimensions of disposal area No c. Do you claim title to disposal area? Yes No N/A If no, attach a letter; granting permission from the owner. d. Will-' a ,disposal area be available for future maintenance?- Yes No N/A If yes, where? Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes . No N/A water • : 300 cy (2) Dimensions of fill area 7 5 x5 0 x12 ' f. Does the disposal include any area in the water? Yes NoN/A (3) Purpose of fill t-n f; 1 7 tb,, -xi P t ing irrigation basin to ground level: b.• Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (Marsh),'SAVs or other wetlands? Yes x No If yes, a. Type of shoreline stabilization " (1) Dimensions of fill area., N/A Bulkhead _ x Riprap (2) Purpose of fill N/A b. Length Max 100' c. Average distance waterward of MHW or NWL 5' 5. GENERAL d. Maximum distance water-ward of MHW or NWL 5' a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months ram and erosion,controlled? ri 12 Min. and fabric (source of information) Self f. Type of bulkhead or riprapp material Granite or. cement :chunks b. What type of construction equipment will be used (for example, dragline, 'backhoe or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level backhoe (1) Riprap_ 6a --` (2) kip-Rup• back(ill -300 cy . c. Will wetlands be crassed in transporting equipment h. Type of fill material ClaX to project site) Yes x No if yes,. explain steps that will be taken to lessen environmentalimpacts. N/A i. Source of fill material Farm Pit and ad1ac ,nt hi gli ground 4. OTHER FILL ACTIVITIES Tim Phelps or . Dr . Horace Ward App i t or Project, N (Excluding Shoreline Stabilization) Signature' a. Will fill material be brought to site? April 9 , `2002 X Yes No bate 400 copies of this public document were printed at a total cost of $11.00 or $ .03 per copy. Revised 03195 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-I. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has, a site, development plan been submitted to the proposed project. Division of Environmental Management for review? Yes x No a. Type and number of buildings, facilities, units- or If yes, date submitted,' N/A structures proposed Pump House 2- 8 x 10 concrete pad , i. Describe, proposed method of sewage disposal. N A b. Number of lots or parcels 1 j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received` state or local approval? No units per acre) N/A (Attach appropriate documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. • 5 acres sanitary wastewater, industrial'/commercial effluent, "wash down." and residential discharges). N/A 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. 1. Describe proposed drinking, water supply source If applicable, has a sedimentation and erosion (e.g. well, community,', public system, etc.) control plan been submitted to the Division of Land N/A Resources? Yes x No If yes, date submitted m. Will water be impounded? Yes x No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when N/A was the 16t(s) platted and recorded? N/A Tim-Phel s "Irriation" g. Give the percentage of the tract within 75 feet of Agp cw"rProgiect Na m ` ` MHW or NWL, or within 575 feet in the case of an r ` , Outstanding Resource Water, to be covered by Signature impervious and/or built-upon surfaces, such as 2002 April` 9 pavement, buildings, rooftops, or to be used for , Date vehicular driveways or parking. .01 Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) N/A (1) - Commercial -Community _ Private (2) Number (3) Length` (4) Width (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) x Yes No (i) Number 1 (ii) Length 61 (iii) Width 10' (7) Number of slips proposed None (8) Proximity of structure to adjacent riparian property lines m; cid 1 P of nrnp Prt4 (9) Width of water body Greater than 50' (10) Water depth at waterward end of. pier at MLW or NWL N/A b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length (s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03195 e. Mooring buoys N/A IN, 'S m a wU ? b M R .?, ` . Q 1 ` o S n 0 0 0 `- E -e ' b m wrrn2 ( 0 ton D ID a x ? Q+ z a L-4 (D 0110 0 O ' 1 1 ? a w :. 1" - co N \ G " f-' '? ?' 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