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HomeMy WebLinkAbout20021334 Ver 1_COMPLETE FILE_20020821 State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Mimek, P.E., Director Division of Water Quality NCI)ENVI NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION June 17, 2002 The Honorable Beatrice Daniels, Mayor Town of Newland Post Office Box 429 Newland, North Carolina 28657 JUN 1 8 2002 VAUGHN & MELTON ENGINEERS ASHEVILLE, NC SUBJECT: Permit No. WQ0021403 Town of Newland Replacement Sewers Wastewater Collection System Rehab Avery County Dear Mayor Daniels: In accordance with your application received May 23, 2002, please find attached Permit No. WQ0021403 for the construction and operation of the subject wastewater collection system replacement and rehabilitation. This Permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to condition three (3) of the permit which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permtee. Permitting of this project does not constitute acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute 143-215.6A through 143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-Licensed Professional Engineer to the licensing board. Beatrice Daniels, Mayor June 17, 2002 Page Two In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Newland for the construction, replacement and operation of approximately 3,701 linear feet of 8 inch DIP gravity sewer, 1,353 linear feet of 12 inch HDPE gravity sewer, 597 linear feet of 12: i 1ch;'P_ZGG,grai Yjty sewer, 2,665 linear feet of 12 inch DIP gravity sewer, 822 linear feet of 18 it be , br?&it?r wer and 860 linear feet of 18 inch DIP gravity sewer, pursuant to the application received.%11y23; 2002, and in conformity with 15A NCAC 2H .0200; the Division's Gravity Minimum 006 n' Criteria: adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department o` F vironment. and-Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Newland's Wastewater Treatment facility (NPDES Permit No. N00021857) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Mr. Mike Parker at 828/251-6208. Sincerely, Ian W. WK[imek Enclosure xc: . Avery County Health Department Non-Discharge Permitting Unit Vaughn & Melton-Asheville V Mike Parker 2 IL. .?. _..- NCDENR 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 August 15, 2002 0 2, 3 3 4 MEMORANDUM: TO: Mr. John R. Dorney p?S ?p Environmental Biological Supervisor TE LtTYGCTfOFI Division of Water Quality _. FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Barbara Taylor Project Location: 3920 Pincway Drive in Kitty Hawk, Dare County Proposed Project: Construct 185' of bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2002. If you have any questions regarding the proposed project, please contact Lynn W. Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT TOWN OF NEWLAND SEWER SYSTEM REPLACEMENT AND REHABILITATION PERMIT NUMBER WQ0021403 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit: 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively Maintained-and operated at all times to prevent discharge to surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 21 .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. C. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day, as defined in 15A NCAC 213 .0503(5). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. 3 WQ0021403 f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division Regional Office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute 143-215.1C. 4. This permit shall not be transferable. In the event there is a desire for the wastewater facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings", and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes 143-215.6A through 143-215.6C. 4 WQ0021403 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Non-compliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 8281251-6208 as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 12. This permit shall be for the construction of replacement gravity sewers of the wastewater collection facilities only. Permit issued this the 17th day of June, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /Alan W. Klimek. P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0021403 5 Permit No. WQ0021403 June 17, 2002 ENGINEERS CERTIFICATION Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Sewer System Replacement and Rehabilitation, Town of Newland, N.C., Avery County Project Name Location and County for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: The above Engineer's Certification shall be completed and submitted to the address below with one copy of the "Construction Record Drawings" of the wastewater collection system extension as well as supporting design calculations for any pump stations permitted as part of this project. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON-DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 6 DCM % Development Type FEE (14300 1601,435100093 1625 6253 I, Private, non-commercial development that does not involve 5250 the filling or excavation of any wetlands or open water areas: 11, Public or commercial development that does not involve the filling or 5400 excavation of any wetlands or open water areas: wommum? III. For development that involves the falling and/or excavation of up to 1 acre-of wetlands and/or open water areas, determine If A, B. C, or D I below applies: 111(A). For Private, non-commercial it y development, It General water Qual $250 `Certifica0on No.3301 (see attached) k can be applied: I 111(8): For public or commercial development, if General water Quality $400 Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff $400 determined that addltlonal review and written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality 5400 Certification No. 3301 (see attached) can not be applied: IV. For development that involves the filling and/or excavation of more S47! than one acre of wetlands and/or open water areas: 100% (5250) 100% ($400) 100%($250) 100%($400) 60% (5240) 60% (5240) 60% (S285) 'D C own ^ia ' 1602 435100095 234 O% (SO) 0%(50) 0% (SO) O% (SO) 40% (S160) 40% (5160) 40% (5190) GPS ROV File #: D081313A DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAMES: Barbara Taylor 2. LOCATION OF PROJECT SITE: The physical address of the property is 3920 Pineway Drive, Kitty Hawk Landing, in Kitty Hawk, Dare County. The lot is located at the end of Pineway Drive on a cul-de-sac. Photo Index - 2000:none 1995: 187-1973 F 17 1989: 144-11 S 10 &S 11 1984: 137-494 S 17 & S 18 State Plane Coordinates - X: 2 963 925 Y: 855 100 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 7, 2002 August 13, 2002 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received Complete August 14, 2002 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Kitty Hawk Land Classification From LUP - Conservation (B) AEC(s) Involved: Coastal Shoreline- PTA, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned -No Change (F) Type of Structures: Existing - House, dock and septic system Planned -New Bulkhead (G) Estimated Annual Rate of Erosion: 6" Source - Application 7. HABITAT DESCRIPTION: [AREA] DRED ED FILLED OTHER (A) Vegetated Wetlands: 200sf (B) Non-Vegetated Wetlands: Shallow Bottom/Estuarine Water 800sf (C) Other: High Ground 3,420 sf (D) Total Area Disturbed: 4,420 square feet (10 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicants Barbara Taylor, proposes to construct a 185' linear foot bulkhead an average of 5' waterward of normal water level and a Coastal Wetland fringe, in a man-made canal, at 3920 Pineway Drive, in Kitty Hawk, Dare County. Barbara Taylor Field Report Page 2 PROJECT SITE The applicant's property is approximately 13,634 square feet in area and is located in Kitty Hawk Landing Subdivision, a residential community in the Town of Kitty Hawk. The project site is located at the applicant's residence, more specifically referenced as Lot 28, Section 3, Kitty Hawk Landing, with a physical address of 3920 Pineway Drive. The property is adjacent to a man-made canal off Albemarle Sound in a designated AE(EL9') Flood Zone. Vegetation on the site includes, but is not limited to, domestic grasses, ground juniper (Juniperus communis), loblolly Pine (Pinus tadea), wax myrtle (Myrica cerifera), bald cypress (Taxodium distichum), and approximately 200 square feet of black needle rush (Juncus roemerianus) along the shoreline, below normal water level (NV-/L). There are no Section 404 Wetlands located on the applicant's property. According to the application and survey the average elevation of the lot is approximately 2.9' above NWL. The lot is flat with little to no high ground elevation change and a slight slope towards the canal. According to the application, documented erosion along the shoreline within the project area, over the past year, is approximately six inches. Field review of the site verifies that there is minimal erosion along normal water level. Located on the applicant's property is a single-family dwelling, a small pier with an 18'x 10' platform. On the south side of the property is a man-made canal (Estuarine and Public Trust Waters), and to the north is the Pineway Drive cul-de-sac, private subdivision street. Both adjacent lots, to the east and west, are developed with single-family dwellings. The shoreline along the eastern lot has a bulkhead, while the lot to the west is unprotected with a Coastal Wetland fringe. The water depth along the proposed bulkhead alignment is approximately F-0" below normal water level (NWL). Adjacent to the shoreline is a fringe of black needle rush in a sandy bottom with a peat layer below. Immediately waterward of the needle rush fringe is a sandy bottom that gently slopes away from the shoreline. There is evidence of submerged aquatic vegetation within the canal adjacent to the project area, but not within the proposed work area itself. Albemarle Sound is classified as joint waters by agreement between the Marine Fisheries Commission and Wildlife Resource Commission. The Division of Environmental Management's water quality classification for Roanoke Sound is SB (swimming). Additional review indicates that there are no known geological formations associated with the applicant's property. There is an identified archeological site within the subdivision, referenced as DR17, but none in the immediate vicinity of the applicant's property. PROJECT DESCRIPTION The applicant is proposing to construct 185 linear feet of bulkhead with an eight-foot return wall on the west side. The bulkhead will be an average of 5', and a maximum of nine feet, waterward of NWL and waterward of a Coastal Wetland fringe. Placement of the bulkhead as proposed would result in the filling of approximately 200 square feet of Coastal Wetlands, 817 square feet of Estuarine and Public Trust Waters and the disturbance of approximately 3,420 square feet of high ground for the placement of tieback rods and anchors, and general grading and seeding. According to the application, approximately 7.4 cubic yards of fill dirt would be placed below normal water level. However, staff anticipates approximately 18 cubic yards of fill will be placed below water level. Barbara Taylor Field Report Page 3 ANTICIPATED IMPACT • If permitted, approximately 3,420 square feet of high ground will be disturbed in conjunction with the installation of the proposed bulkhead. • According to the application approximately 800 square feet of Estuarine and Public Trust Waters will be filled if the bulkhead alignment is approved. • Approximately 200 square feet of Coastal Wetlands will be filled if the bulkhead alignment is approved. • Temporary localized turbidity will occur during construction of the bulkhead. • Stabilization of the shoreline will reduce the amount of sediment and nutrient runoff from the applicant's property, into the adjacent man-made canal. Submitted By: Lynn Mathis Date: August 14, 2002 Iaz; ? -71 Gc. c AUG fi?lw,,-.E rr d CITY • tl Form DCM-M -1 RECEIVED AUG 5 ann; A P IAL 111A AGEMENT L I EL1ZAfET'N 'CITY P TI ( 0j"", '] N SAS (To be completed by all applicants) 1 APPLICANT I Landowner: Name _?h"b " Tk lz- Address?? ?((1? ??!/?` ?1 V? City State Zip Day Phone 11 -_X d Z ?Gr? l''lI??ZGIi?C? ax b. Citytown community o landmark n c. Street addr ss or nda road number '? el 'A b ,' O_Y 04-1 iNk- ?'?Jeld. Is proposed wo/k within city limits or planning jurisdiction? Yes No e. Name of body of water nearest proje t (e .g9 river, creek, sound, bay) t j J1'? I ? A U e.l'; A -n PSI / 1 /7,0 t2ESS ' P, o' o-i,V fig,), - Kit-1-11 wlellL( ;271/ej 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: Name iM4QJAfJ'-1 Goa ?)tk i '?} Address City ?? (L L State Zip Day Phone t 5)- - v 10 - 'I J 1 Fax25: - 016/- Illy c. Project name (if any) IV, NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County_h OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation a d/or fillingactivities. k-a 1% ' t rv q, Ike. Ct, b. Is the proposed activity maintenance of an existing project, new work, or both? Inilw c. Will the project be for public, private or commercial use? KI lIG?C1 d. Give a brief description of purpose, use, meth,yls of construction and daily operations of proposed project. Ifs re space is needed, please attach additional pages. L- 11 *2, (A-) J Revised 03195 Form DCM-MP-1 0 4. LAND AND WATER CHARACTERISTICS a'. Size of entire tract T b.` Size of individual lot(s) 13.) &74 I c. Approximate elevatiQno of tract above MHW or NWL 1 d. Soil type(s) and texture(s) of tract e. Vegetation on tract JUr0CJ)S' f. Man-made features now on tract g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. HoUw is the tract zoned by to 1 l lJace gover ent? tsd???ll I ?'??'° in. D scn existing wastewater treatment facilities. n. Describe location and type of discharges to =-attrs of the state. (For example,. surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) C? Gtn ?' o. Describe exis?ng driglang water sup ly source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application 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 from the owner to carry out the project. i. Is the proposed project consistent with the applicable zoning? VV// Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional done for the tract? If yes, by whom? _ archaeological pssessment been Yes V No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property?/ Yes VV No 1. Are there wetlands n the site? Yes ^ No ln1;17.. AUG GOAS TAL 'vIANAGEMENT E 12ASETH CITY Coastal (marsh) Other If yes, has a delineation been cod " ??A (Attach documentation, if available) An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black irk on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a det??,iled 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 provide..; by applicant. (Contact the U.S. Army Corps of Engintl.ers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per?4.-.meI unfamiliar with the area to the site. Include highway or secondary road (SR) numi-_,rs, Revised 03/95 Form DCM-MP-1 landmarks, and the like. • A Stormwater Certification, if one is necessary • 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 ?'? ?' VU I I;!?, I Address Phone Name? v n ?? n Address 31 Phone Name Address Phone ° A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pelrmittee, and issuing dates. A 11h ° 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. ° 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. 6. CERTIFICATION AND* PER I :SSION TO ENTER ON LAND I understand that any permit issued in respoar-: to this application will allow only the development describ.d in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. £ certify that I am authorized to grant, and do in fact, 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 monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 15 This is the ??IJyJ? day of Print Natoler I?Signature Agent Please indicate ai project. v! DCM MP-2 Excavation and Fill Informatior Upland Development Strictures Information Bridges and Culverts Marina Development NOTE: Please sign and date each attachment in the 6pace provided at the bottom of each form. IT A U G 5 ?nn? DCM MP-6 pertaining to your proposed DCM MP-3 DCM MP-4 DCM MP-5 IAL Revised 03/95. Form DCM-MP-2 EXCAVATION • f. AND SILL (Exgept 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 Exfsd g Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) PFCEIVED AUG 5- 19l") C,OASTAl.1'•.7ANAGEMENT EULABETH CITY 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated KI N 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 Nlik 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area N11"" c. Do you claim title to disposal area? t?JA- Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes Ng If yes, where? A Revised 03/95 Form DCM-MP-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 Nllrf (2) Dimensions of fill area (3) Purpose of fill rJ 3. SHORELINE STABILIZATION a. Type/of shoreline stabilization V Bulkhead Riprap j (Q I I ? ?? e /?c?i? b. Length c. Average distance wat rward of MHW or NW L d. Maximum distance vXaterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) C OU -' f. Type of bulkhead or riprap material ln9UIX????ri g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill rl `' ;%chi V r*- r h. Type of fill material ) i. Source of fill material ii I 6, K? 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Will fill material be brought to site? v Yes No b. Will fill material be placed in coastal wetlands (marsh, SAVs or other wetlands? ??//?? Yes No ?X 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? ' o x,.11 -fir, _ !40cd . b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge) c. Will wetlands be crDssed in transporting equipment to project site? Yes V No If yes, explain steps that will be taken to lessen environmental impacts. Zlo,t,lIor- Prg?Z - App tl or /PMJect Name ???--- Sig"` tore I v2- Date .,u?E . AUG 5 Jnn? ;UASTAL M A N A G 5 M E N T FI.I7ARFTH r.1TV � , ��. ��` ,:. � '=� *' �' _ �. �- kP_- ... ..fe. . ......... T, "I q T, t'E "' rte) --,135 A"" y 00 C) 0 :<P0 27.19 ? rgol/ 07 'PI 1' 1 E- "/0-1 (-') ??. 68 AE 1 ?3. -27.19 I CI ro 1?firc.l? V ' lie, LEf n' h I 1 Y H/Z'.k/K 11? rJ b i fl C 30 0 30 60 Feet 23 Lot Number 1> I t Lf ,U ??I I` i 90.1 Lot Dim ensi on This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from Previous Line recorded deeds, plats and other public data, Users of this map are hereby notified that the aforemetioned public Canal-Shoreline primary information sources should be consulted for verification of the information contained in this map. -,,Z"-,-,,.Easement DARE COUNTY A55UMES NO LEGAL RESPONSIBILITY FOR THE INFORMATION CONTAINED IN THIS MAP ?Fiood Zone r ' CONTINUED FROM ,:u ? 211d qve 1 D 2 Martins 3 _°'S' qve Point 3 ? d rirckoryra 4 }. O c? o O ? - S iMartin F7 SOUTHERN E=?a"1 1: ?SandPi @ 4 . ¢ Lo loll Ot a A -t ?, K5 °ckIngf?Jrrl 10 f: SHORES br y N ? I e S ?! , Sassafras pD P?`?andliddse' Ln ech m 2a o ?'ojo 1Trl a0 Fire Dept. t 2 ?o ;; `'•r P ?z PompanoCl J v°nd Or ?Qce ?No , m10 13 Dolphin Run ,? p s. W ? ?? c m 11 Qting Ln ,gym FaD ay o Trout Run w' C a v?4 Porpoise Run =3 "' o T ¢ 15 ? sh ?\z , 31sl St MAP 2 'r3 Pi, h ,. o a " 16 m? Goa 0 00zd to ?SOr v,aj, .S m tir Duck w 1,' °c yz m 3a 4 c Woods y 19 cNrz`r' u??e j DJ Golf -o. zm m Crock Grav' a' Course l o v QBd ckLed aTTea caTrolDAv@ r e/yPo loA g pfd Passag? ?n Ln Trl trrn Dr a} U Gomv 3 cl- ?D a p/anr ee or o cc d _ N o c mom n rdR, 72"13 aH ,s N Gatoo Z LDune myc` r r vj.-? Dr : tear Cf 3 ° ?J m )r ¢ Blue Pet, Or Wood Duck O EYucca ro ??A O O _ or " v Widgeon Ct S'-?`Fern t r L Skyline Dr D Wrl htMem rat U Pinra4Trl Kitty Hawk PalmelloLn? `o. L. J JD to ?ik.; taa ee c,) ElEmentary M'le Post 1 a Police R F w m °5 m Town Hall mg Sw O`Q?o ¢ Windsor v Pt Pi`tC` ?c?e Kitty Hawk n W ?. A H o.. o.? r o ease aid ;3, anor? r in in Pier ease .ate pc? dSlloreside-'W,ICOrite h ,jw r- 3 ?'.?UV ,ntc?Q Center ?. F Beach 2 5 2; Harbot q S ay' ?' m? ?Q Byrd t !C Access Cl. o F. ' m m Mile Post 2 t pcjlolori, Avo yc o aLFonck e 4 Q, z o S rn q-a Scape ari91 d St r t: D9er a t- m Golf J` Maynard V Army CO I c z?z Bridge CrOnmunity . t E n g n{ o Rd U ac ` ' Bennett St search PI1 KITTY Q? "; z1 a a lb? Go Villa Or a ?5 e 3 .? Medical< C HAWK uke5t c ?Fm Dr22 ¦ Cent,rm grr, _r 'C I,, y? W T 2Eckn St 2. Q ?`ryL7 N ¢ m ' o to Q " " ty'" z ?aq m` Blerio t H rila?eo Mile Post 3 kitty x+`,00. , o d Ve',° Rodger (. 5 9°a m. Wilki /Mile C Beach ea adVna s St c /? J o.' o) o°, B Ichen St F Access .v vC v ? ro J 158 ar, %j Dr nt'? 5 aa?^.//er Vb? Dy>1 iE 07?Lt, m 'o Historic ki . y??'C¢°' j rc p° st ¢i Fire Dept. N f ?• ,fl .ol".. \a? r i w .? if, ti Sa d Duno or 9A Q' z??y 2 77 ro c y san(jnrlin r ' ?ru D? ¢ ti n zt?s ??Bvi m m v Trl 1 J }l, Q? 2 o Mi?gdett D??enb2 ? m Mile Post 4 ' rialo Lillian C j? m a° Emeline Pd 11,11 ls Police :2 ?$-l° SI LT) d c f. Dept L arn? rnas ltr; a E ryrA U) Post v R, K,uvyn Hawk Rd Office F ? ..l-n Nlood a6\Ad c,w Beach F r O- n VI°ycP0s C Access f Bont Dock N 'S. oo,y nr", t)t w z Bathhouse J -e a N Hurdle St ;!Ave F0 g c' ^ & w Dunes r ". .L G) Shopping Cntr. Kitt H 4§While t I y alA/k nscensi n. T r a41??e T?`?I I I Bay Dr ?ro ° Mile Post 5 r ?1 Tate ay o Rd W St o a ,a 4, }? Camcrao ro KILL DEVILSI J?Jh s Lon Sr Seagate t ? 'Arcltin mc `? 3 * t HILLS w.+ vst ' all ' '` m3Est North @ .k!. •i r Hot elga) rnn. - °StShopping •:yit m Trux on St Coral Center MAP'2A' m34?Jiloh[3n2 Sa Village CONTINUED ON sl s`MAD IA 5?tv2EU ??_ = I ? ) AT ? WL ??? CANAL 51 -f .L ??o(M? T 0,3 5' X?,K PIN (S)...., t Sh)D/??NNE 30' U. DuF? ?:- Vaa L o 2ti? ?` lyl R ?'o h N INf} (t G 3924 ('ilv[ WA Y L?n. iS i tt'f ?t?} v , 1V (?. rLj ll •i S' AEC EF. W,+7a R LelrfL 'pp GROSSEC7iotJ r •s? IF, V,' EX` aro r? GRADE G bELvW W/)l'E A r t 5' Irm 1 q C K fill C ?sn r Fizv? y ? ?- 3.9 ! 3, 13 v4RFr t-.1764 Ta K? ti cK, "c' h1:113 Ol v j36` /4, »rc?co TRANSFORMER ON SLAV f. A:: 53.68 R = 50.()d 'FIN(F) PIFI(F). .; j I?!hca) r'PIWS!4?? G N1,c •W,om Ritf-f1Z 39 7.L Pl,JF,, q L,R, mr ffcr,D Zotil E AE (q,) M A.:; ,yam, i '41 t_t 5' TALL STANDARD Lit LIOi[AD SPLCIFICATION VICINITY MAP (N T.S. i Ina 7-? _0 C ?? ?? ?aRS 4E 'Roo 6 9, ?OF WATq ?? r October 10, 2002 Barbara Taylor 3920 Pineway Drive Kitty Hawk, NC 27949 Subject Property: Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality DWQ Project # 02-1334 Dare County Taylor Bulkhead Project, 2920 Pineway Dr., Kitty Hawk, NC Albemarle Sound [03-01-53, 30, SB] APPROVAL of 401 Water (duality Certification (GC3371) - CAMA Dear Ms. Taylor: You have our approval, in accordance with the attached conditions, to fill 0.1 acres of waters and bulkhead 185 feet of shoreline at the subject property as described your application July 15, 2002 (received by the DWQ on August 21, 2002). After reviewing your application, we have determined that the water impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3371. This Certification allows you to Regional General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval will expire when the accompanying 404 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. If the property is sold, the new owner must be given a copy of this Certification and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 feet of stream, 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 DWQ General Water Quality Certification No. 3371. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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 Mr. Tom Steffens (252) 946-6481 or Mr. Bob Zarzecki at (919) 733-9726. Sincerely, Alan W. Klimek, P.E. NC DWQ, Director Attachment: GC 3371 Cc: USACE Washington Regulatory Field Office Tom Steffens, DWQ Washington Regional Office Doug Huggett, DCM, 1367 US 17 South, Elizabeth City, NC 27909 File Copy Central Files bz North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ 401 comments Subject: 401 comments Date: Thu, 10 Oct 2002 11:42:51 -0400 From: Tom Steffens <Tom.Steffens@ncmail.net> To: Cyndi Karoly <cyndi.karoly@ncmail.net>, Bob Zarzecki <bob.zarzecki@ncmail.net> Cyndi -Bob, The following 401's, CAMA etc comments have been entered into file maker pro. Some of them are older and have already been issued, The rest are good to go. Call or W Thanks, toms Proj # Name Rew Date type Rec_-Reg Comments 02-1536 Weyerhauser h2o intake structure mod 10-Oct CAMA Maj 19-Sep Issue n/c 02-1587 Whittaker Point Properties 10-Oct CAMA Maj 27-Sep Issue n/c 02-1483 Jack t. Branch 10-Oct CAMA Maj 17-Sep Issue n/c 02-0252 Castpa llc 10-Oct CAMA Maj 17-Sep Issue n/c 02-1428 Billy Radford 10-Oct CAMA Maj 29-Aug Issue n/c 02-1216 Edward E. Watson 10-Oct CAMA Maj Issue n/c 02-1441 Roger Hendrickson 10-Oct 401 6-Sep Issue n/c 02-1272 Donald & Catherine Glaser 10-Oct 401 13-Aug Issue n/c 02-1273 Andrew & Michelle Holzwarth 10-Oct 401 13-Sep Issue n/c 02-1296 Charles Thomas Poston 10-Oct CAMA Maj 6-Aug Issue n/c 02-1232 NCDOT -NC55 10-Oct CAMA Maj 6-Sep Issue n/c 02-1511 Kristie Wilhelmi 10-Oct CAMA Maj 11-Sep Issue n/c 02-1450 Eugene Flynn 10-Oct CAMA Maj 10-Sep Issue n/c 02-1594 Oriental West Porperties 10-Oct CAMA Maj 1-Oct Issue n/c 02-1157 Foy Shaw 10-Oct CAMA Maj 6-Sep Issue n/c take off HOLD 01-1893 C&S Realty- Warren Judge 10-Oct 401 27-Aug Issue n/c take off HOLD 02-1263 John & Kathleen Buck 10-Oct 401 20-Aug Issue n/c 02-1344 02-1437 KDH Retail Investors 10-Oct CAMA Maj 16-Aug Issue n/c 02-1334 Barbara Taylor 10-Oct CAMA Maj 20-Aug Issue n/c 02-1236 Sharon Twiddy 10-Oct CAMA Maj 2-Aug Issue n/c 02-1490 Ronald Alan & Mildrefd Brown 10-Oct CAMA Maj 4-Sep Issue n/c 02-1199 Howard Wayne Basnett & Robert D. 10-Oct CAMA Maj 2-Aug Issue n/c 02-1239 Public Services Complex -City of Kinston 10-Oct 401 2-Aug Issue n/c 02-1581 Robert Hornung 10-Oct GenMajVar 31-Jul Issue n/c 02-1344 Windover Waves llc 10-Oct CAMA Maj 23-Aug Issue n/c 02-1452 Cheryllynn LeRoy 10-Oct 401 9-Sep DENY- Applicant has room to build w/o impacts& has wrong impact calculations in application 02-1444 Hkenneth Wallace 10-Oct GenMajVar 10-Sep HOLD- Applicant needs to submit plot clearly indicating house location and overlays of propery boundries Tom Steffens <Tom.Steffens@ncmail.net> Environmental Specialist II DENR/DWQ/WaRO .401 Wetlands I of 2 10/10/02 12:02 Ph WaRO Tracking and Tardy Notice, 10/2/02 Subject: Re: WaRO Tracking and Tardy Notice, 10/2/02 \ Date: Wed, 02 Oct 2002 16:29:58 -0400 From: Bob Zarzecki <bob.zarzecki@ncmail.net> Organization: Division of Water Quality; 401 Certification Unit To: "Deborah. Sawyer" <Deborah.Sawyer@ncmail.net>, "Tom. Steffens" <Tom.Steffens@ncmail.net> CC: Cyndi Karoly <cyndi.karoly@ncmail.net>, John Dorney <john.dorney@ncmail.net> Tom & Deborah: Please provide WaRO comments on the following projects. If we don't hear from you by the dates below we'll take the action listed. - Bob 021296 Poston... ISSUE... respond by 10/4/02 021334 Taylor ...not in Neuse or Tar-Pam ...existing bulkhead on Ward property ... no bulkhead on Ritter property... bulkhead and backfill...only "minimal erosion", "sandy bottom that gently slopes away from shoreline"...SAV adjacent but not w/n work area ...looks like good habitat ...I don't see the need for the shoreline stabilization...it may cause additional erosion of coastal wetlands on Ritter property... looks like a good candidate for marsh creation or maybe a little rip-rap ...however, it is on a man-made canal and photos indicate neighboring properties with bulkheads... please provide comments ...ON HOLD/MORE INFO ... respond by 10/4/02 021310 Barabas...I requested WaRO on 9/25/02...not clear what they are proposing... have ya'll had a chance to work w/ applicant? ...if we don't hear from you we'll send a more info. leter requesting a plat with the footprint of the proposed house ...ON HOLD/MORE INFO ...respond by 10/4/02 021278 Wikander...looks like they can avoid the Zone 1 impacts with the driveway and garage/crofter...we requested that you work with applicant to avoid these impacts ...if we don't hear from you we'll send a more info. letter requesting that they avoid Zone 1 impacts ...ONHOLD/MOREINFO...respond by 10/4/02 02126f Buck...can they avoid zone 1, otherwise mitigation... if we don't hear from you then we'll send a more info. letter requesting that they avoid Zone 1 or mitigation... ONHOLD/MOREINFO ... respond by 10/4/02 Cyndi Karoly wrote: Hi Tom and Deborah. Below is this week's 401 Tracking Notice for the Washington Regional Office. The Central Office has not received your recommendations for these projects as of October 4, 2002. If you have not received any application, please let me know and I will fax it to you. Please take note of the date received in the Central Office and the 60-day clock projection. If we do not have your comments by two weeks before the clock expires, we may have to prepare the 401 without incorporating your comments, in order to avoid waiving the 401. Two weeks from today, the application will be forwarded to the appropriate Central Office staff 10i?m? a-VI vnn Tardy Projects as of October 2, 2002 County DWQ# Project Regional Office CO staff CO Received Date Drop Dead Date Johnston 021314 Lee and Pamela Gilliam RRO Cyndi Karoly 8/19/02 10/17/02 Franklin 021275 Van G. Boathouse and Dockage/Robert W. Van Graefieland RRO Cyndi Karoly 8/12/02 10/10/02 Wake 021297 Crabtree Crossing RRO Cyndi Karoly 8/16/02 10/14/02 Cumberland 021335 Butner Road Storm Drain FRO Cyndi Karoly 8/21/02 10/19/02 Rutherford 021328 Sparks Crossing ARO Dave Penrose 8/20/02 10/18/02 Beaufort 021296 Charles Thomas Poston WARO Bob Zarzecki 8/14/02 10/12/02 Dare 021334 Barbara Taylor WARO Bob Zarzecki 8/21/02 10/19/02 Variance Requests: Laura B. Barabas, Hyde Co., 02-1310, received 8/19/02 Arthur J. Wikander, Pamlico Co., 02-1278, received 8/13/02 John and Kathleen Buck, Pamlico Co., 02-1263, received 8/12102