HomeMy WebLinkAbout20030776 Ver 1_COMPLETE FILE_20030623O?O? W AT ?RQG
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O `C
July 15, 2003
DWQ# 03-0776
Pasquotank County
Alice M. Redding
914 Riverside Avenue
Elizabeth City, NC, 27909
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Redding:
You have our approval, in accordance with the attached conditions, to fill or disturb 0.028 acre of Public Trust Area/Estuarine
Waters and Estuarine Shoreline in order to construct a bulkhead at 706 Riverside Avenue and on Charles Creek, as described in your
application received by the Division of Water Quality on June 23, 2003. After reviewing your application, we have determined that this fill
is covered by General Water Quality Certification Number 3400, which can be downloaded from our web site at
htto://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal
Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional
conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWO when all work included in the 401
Certification has been completed;
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 conforming to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 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 Tom Steffens in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in
Raleigh at (919) 733-9721.
Sincerely,
r Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
030776
r
N. C. 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), (htto://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
A?A
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
June 20, 2003
MEMORANDUM:
090-'7p
TO: Mr. John R. Dorney 41
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Alice M. Redding
Project Location: 706 Riverside Avenue, Elizabeth City, Pasquotank County, on Charles
Creek
Proposed Project: To construct a bulkhead with backfill at 706 Riverside Avenue, Elizabeth
City
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 10, 2003. If you have any questions regarding the proposed project, please contact
Frank A. Jennings, III, at (252) 264-3901. When appropriate, in-depth comments with supporting
data is requested.
REPLY: This 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: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Alice M. Redding
2. LOCATION OF PROJECT SITE: 706 Riverside Avenue, Elizabeth City, Pasquotank,
on Charles Creek
Photo Index - 2000: 237-191l(E-8) 1995: 167-1714(B-9) 1989: 126-1(Q-10)
State Plane Coordinates - X: 2820000 Y: 938150 Elizabeth City Quad LL
GPS: E053017A
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/30/03
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 06/09/03
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Elizabeth City
Land Classification From LUP - Conservation, CBD-GB
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: City Sewer
Planned - N/A
(F) Type of Structures: Existing - Building
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: Less than 1 foot
Source - Observation
7. HABITAT DESCRIPTION [AREA] :
01-A-a U,11-!1 Tlictfiirliptl
(A) PTA - EW 820 sq. ft.
B E 40 s q. ft.
(C) Total Area Disturbed: 1220 sq. ft.
(D) Primary Nursery Area: No
(E) Water Classification: C SW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead with backfill at
706 Riverside Avenue, Elizabeth City, and on Charles Creek.
Alice M. Redding
Field Investigation Report
Page Two
The property is located at 706 Riverside Avenue, Elizabeth City, Pasquotank County, and
adjacent to Charles Creek near the mouth where the creek joins the Pasquotank River. The
property is also located adjacent to the Charles Creek bridge on the north side of Riverside
Avenue. The property is approximately .15 acres in area'with dimensions of approximately 60
ft. wide and 110 ft. long. The property has an existing 3320 sq. ft. building that was
previously used as a boat motor and small engine repair business. A 7-ft. wide and 20-ft. long
dock exists along the west side of the property adjacent to the building and was used as the
dock for boats that were being repaired. The dock is claimed by the adjacent riparian
landowner and has been recently repaired.
The building is positioned such that the west side encroaches over the existing property line.
The shoreline located on the west side has gradually eroded underneath the applicant's
building. The waters of Charles Creek stand underneath the building and occupy an area
approximately 24 ft. by 30 ft. and approximately one foot deep. Pieces of concrete have been
placed along the west building side and now litter the bottom.
Vegetation on the property consists of yard grass and weeds. The property has an elevation of
approximately two feet above normal water level. The adjacent properties consist of an
abandoned yacht club building over Charles Creek and a boat storage building.
The waters of Charles Creek in this area are joint waters, classified as C Sw by the Division of
Environmental Management and are closed to shellfish taking.
In order to prevent flooding and undermining of her building, the applicant proposes to
construct a 35-ft. long treated wooden bulkhead along the west side of the building. The
bulkhead will start at the northwest corner property line and run two feet waterward of the
building foot print to the south shore, where the proposed bulkhead will have a return
approximately two feet past the southern corner of the building.
The applicant proposes to remove the floor of the building during construction of the bulkhead
so that backfill may be placed behind the bulkhead. Backfill will come from an upland source.
The adjacent dock will be temporarily removed to facilitate construction.
The development proposal will result in the filling of approximately 820 sq. ft. of Public Trust
Area and Estuarine Waters Area of Environmental Concern (AEC) of Charles Creek.
Alice M. Redding
Field Investigation Report
Page Three
The bulkhead alignment as proposed will encroach on the adjacent riparian property owner's
lot at the south corner. The adjacent property owners object to the alignment and the removal
of their dock during construction.
Approximately 27 cubic yards of fill material will be placed below normal water level for
backfill for the bulkhead. Approximately 400 sq. ft. of Estuarine Shoreline will be disturbed
during construction. The fill of 820 sq. ft. of PTA-EW water consists of already shaded
shallow-water that does not exhibit any wetland or submerged aquatic vegetation.
Temporary water turbidity will occur during construction.
Submitted by: Frank A. Jennings, III
Date: June 18, 2003
DCM % DWQ %
Development Type FEE (14300 1601 435100093 1625 6253 (243001602 435100095 2341
1. Private, non.commercial
development that does not Involve
5250 100% (5250) 0% (SO)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
t does not involve the filling or
h
5400 100%(S400) 0% (SO)
a
t
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine it A. S, C, or D
below applies:
III(A). For private, non-commercial
It General water Quality
ment
develo
$250
100%($250) 0% (SO)
,
p
Certification Nc.3301 (see attached)
can be applied:
Illp: For public or commercial 0% (SO)
development, if General water Quality $400 100%(S400)
Certification No.3301 (see attached)
can be applied:
Ili(C). if General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff 0
4 60%(S240) 40%(S160)
determined that additional review and 0
5
written DWQ concurrence is needed
because or concerns related to water
quality or aquatic lite:
111(D). If General Water Quality 5400 60%(S240) 40% (5160)
Certification No. 3301 (see attached)
can not be applied:
IV. For development that involves
the filling and/or excavation of more
5475
60°?a (52E5) 40%(S190)
than one acre of wetlands and/or
open water areas:
Form DCM-MP-1
RECEIVE,,
PPLI
ACATION"" sTAL MANA(33EM!zfVT
(To be completed by all applicants) ELIZABETH CI-Ty-
b. City, town, community or landmark
E'L b 'k -1.1, C, 4,/
1. APPLICANT
a. Landowner: -
Name r') L l C. L--" M, 2L;?b Dt N Cx-
Address 9 1 `? t 1Vt?5rt7Lfµ
,
City el 4v State N.
Zip Day Phone ?'S; -- 3 ' - /
qj q47
b. Author
c.
Name
NOTE., Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
c. Street address or secondary road number
10(. "AU:-A)Ae_
d. Is proposed work y?+ithin city limits or planning
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) rr- d) r; 1- c" s
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
/\E tni B {.I /. W 1-} C 1-?1 K) 6U
LIto rc? 6A 1.J7.1rk": ?4111- t0I)v?j
b. Is the proposed activity maintenance of an existing
project, new work, or both? ke-"' GJIC
c. Will the project be for public, private or commercial
use? C o i l iut e hl, 0 R 14 1,-
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. µ 1 /C 1? F' ?k W w'-/ t' 6(-..
C v Aj c 4-r? LA,- 4 -e o c? l 1, ?.l ti,, pj r4- A; 0 ?,v c
F)_yo/E WI L.L Ger 1E?E?t.tCJV? ?il so le;,q
G1-11 d,4 %3& /)/0zCK): 13KIktie,4a
Get I1 4 *ofec4 f6 u, Id, uq F"OcfN0Arjo.-v
P'eam isetauNde'PAjiNedisetauNde'PAjiNed
Fax
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract /I? ew
b. Size of individual lot(s)
/-,/ / rf
c. Approximate elevation of tract above MHW -or
NWL 4 )_ ,- r
d. Soil type(s) and texture(s of tract
Mft 7-T M ey . FtN J::: SflnJdy ?flr?r?t
e. Vegetation on tract y'A,.Q d C__toAss
f. Man-made features now on tract
G.t? tAV?V-I PAk*(NS
J
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
c50 - o-,8
i. Is the proposed project consistent with the applicable
zoning? Yes No
(.Attach zoning compliance certificate, ((applicable)
j?
Has a professional
done for the tract?
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 X10
Are there wetlands on the site? Yes ?No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Anach documentation, if available)
archaeological assessment been
Yes ZNo
m. Describe existing wastewater treatment faciliti(
C,4,f 15ewf-rv
n. Describe location and type of discharges to w
of the state. (For example, surface runoff, san
wastewater, industrial /commercial effluent, "i
down" and residential discharges.)
S ?- k 14-14 C. C- /P w/(-, c,-P-
o. Describe existing drinking water supply source
r: art, .
C 14V
5. ADDITIONAL INFORMATION
In addition to the completed application form,
following items must be submitted:
• A copy of the deed (with state application only
other instrument under which the applicant claims
to the affected properties. If the applicant is
claiming to be the owner of said property, i
forward a copy of the deed or other instrument ur
which the owner claims title, plus written permis;
from the owner to carry out the project.
• An accurate, dated work plat (including plan v
and cross-sectional drawings) drawn to scale in bl
ink on an 8 1/2" by I V white paper. (Refer
Coastal Resources Commission Rule 77.0203 fe
detailed description.)
Please note that original drawings are preferred
only high quality copies will be accepted. Blue-1
prints or other larger plats are acceptable only if
adequate number of quality copies are provided
applicant. (Contact the U.S. Army Corps
Engineers regarding that agency's use of lar,
drawings.) A site or location map is a part of 1
requirements and it must be sufficiently detailed
guide agency personnel unfamiliar with the area to
Pie' EC EivEn,
Form DCM-MP-1
JUN 0 9
f:?0ASTAL ?441`0,C)EMIE NT
711?_'ALH r !'A rITy,
site. Include highway or secondary road (SR)
numbers, 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 signinF{this form, the applicant
further certifies that such notice has been provided.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described 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.
Name Drz + M,zs Lloyd C-t-1*cr-'V
Address 2 00 a jowcfia 5040mF, p0.-k ")
Phone E'?) z,48e-i h C t4, f ", C.
Name
Address
Phone
Name
Address -_
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• 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.
I 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.
This is the -? day of (? C , fq,: d6 ? 3
Print Name a j, W t' [r d/17 (4
Signature_ )91 zk&
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
CM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
}
E.X
AND FILL
(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 till
activities. All values to be given in feet.
Average Final
Length Width EAstiag Project
Depth Depth
Access channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
NFE D`
JUN o 9
COASTAL F;vI,-'p,
ELI7A.NE...}.. FIT..,,
1. EXCAVATION A)/ A-
a. Amount of material to be excavated from b
MHW or NWL in cubic yards ,-'
b. Type of material to be excavated N
c. Does the area to be excavated include cc
wetlands (marsh), submerged aquatic veget
(SAVs) or other wetlands? ,q. Yes N
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
lob,
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area A' /I,
'
c. Do you claim title to disposal area? r-'
Yes No
If no, attach a letter granting permission fron
owner.
d. Will a disposal area be available for fi
maintenance? Yes TI-/N9
If yes, where?
e. Does the disposal area include any coastal well
(marsh), SAVs or other wetlands? /-? /Yes No
f. Does the disposal include any ar?ea,in the water
Yes No /..' / /`
Form DCM-NW-2
3. SHORELINE STABILIZATION
a. Typ f shoreline stabilization
Bulkhead Riprap
b. Length 3 S F-C e I-
c. Average distance w to and of ?* or NWL
d. Maximum distance w;?aterward of hOi2K or NWL
e. Shoreline erosion during preceding 12 months
(Source of njormarion)
f. Type of bulkhead or riprap material W 6'0 ID
JUN () ?q
b. Will fill material be p- 1,'1/6b Nwedands
CITV
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of till area
(2) Purpose of till
5. GENERAL
a. How will excavated or till material be kept on site
and erosion controlled'? I k l? - -' ?J
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredg/?e1))? /
g. Amount of fill in cubic yards to be placed below water
level
(1) Riprap c
(2) Bulkhead backfill 'rr
h. Type of fill material C era U <i?
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will till material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the water.
(2) Dimensions of fill area
I,
Will wetlands be crossed in transporting equipment
to project site? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
- i l/"( t
Applicant or Project Name
Sigature
Ile 03
Date
(3) Purpose of fill
,SC ll ? lL s v
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1.) AREA - 6,528 sq. ft. / 0.15 acres (coord.meth.)
PASQWTAW RIVER 2.) AS RECORDED IN DEED BK 721. PG. 718 AND D.B. 131, PG. 442; D.C.R.
I•i,
? 3.) PROPERTY IS LOCATED IN F.I.R.M. ZONE A4 (6)
-' 4.) THIS PROPERTY IS SUBJECT TO ANY EASEMENTS THAT A MORE
i Y THOROUGH TITLE SEARCH MAY UNCOVER.
SITE
'!
} 5.) THIS SURVEY IS BASED ON EXISTING FIELD MONUMENTATION AND RECORDED
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W RIVERSIDE AVE INFORMATION. V,
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COASTAL MANA-'F.,v!.-'N
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.
. LLOYD GRIFFIN
D.B. 349. PG. 425
EX 1 STORY
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L--3531
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1. GLORIA J. ROGERS, P.L.S., CERTIFY THAT THIS 2003-026
MAP WAS DRAWN UNDER MY SUPERVISION FROM SURVEY DAZE
AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, 04-01-03
THAT THE BOUNDARIES NOT ACTUALLY SURVEYED cA00 FILE
ARE SHOWN AS BROKEN LINES PLOTTED FROM 2003-026
INFORMATION FOUND IN EXISTING RECORDS AND 9CME
THAT THIS MAP MEETS THE REQUIREMNTS OF 1" - 30
NCAC TITLE 21, CHAPTER 56. SECTION .1600 AS
AMENDED. WITNESS MY HAND AND SEAL THIS p
1 at APR. 2003
-0 POWER POLE
O PIPE (F)
? CONC MONUMENT
O PIN (F)
* CALC PT
® WATER METER
30 15 0 30
1 inch - 30 ft.
GRAPHIC SCALE
mfvsm& Wray Fm
ALICE M. REDDING
LOTS 1,2,34,5, & 6 _
ROCHELLE REALTY COMPANY,
MORRIS PROP
PASOUOTANK CO. ELIZABETH CITY NORTH CAROLINA
GLORIA J. ROGERS 215 B STREET
CAMDEN. N.C. 27921
(iLGv' (252) 338-1415 Phone
P..S. L-3531 PROFESSIONAL LAND SURVEYOR (252) 333-8781 Cell
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WQ Supervisor: Boger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Alice Redding County Pasquotank
Project Number 03 0776 County2
Recvd From DCM Region Washington
Received Date 6/23/03 Recvd By Region
Project Type bulkhead
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
LAMA OTH O Y O N F- 30-3-11 r C SW 30,150. 0.03
o Y O N
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1