HomeMy WebLinkAbout19951307 Ver 1_Complete File_19960130State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
00.9?F?lq?4 0
?EHNF1
January 30, 1996
Pamlico County
DEM Project # 951307
APPROVAL of 401 Water Quality Certification
Mr. Thomas Flynn
Murphy Farm Road
Route 1, Box 139B
Merritt, NC 28556
Dear Mr. Flynn:
You have our approval to place fill material in 776 square feet of wetlands or waters for the
purpose of placing rip-rap along a shoreline and installing a boat ramp near the town of Mesic near
Gales Creek and AIWW, as you described in your application dated 27 December 1995 . After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be val?d, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dome), at 919-733-
1786.
Sincerely,
PePston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
951307.Itr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
----/Department of Environment,
Health and Natural Resources
Division of Environmental Management
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
FAX TO:
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FROM:
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PHONE: /
NO. OF PAGES INCLUDING THIS SHEET-
COMMENTS:
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Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-9960 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% rec
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Thomas P. Flynn
1
2
9 5 1-3 67
LOCATION OF PROJECT SITE: Pamlico County, near the Town of Mesic, adjacent Gale Creek
and the Atlantic Intracoastal Waterway
Photo Index - 1989: 2 111 5 (indexed by F-8) 1984: 59 1299 (indexed by R-8)
State Plane Coordinates - X: 2,719,600 Y: 538,600
3. INVESTIGATION TYPE: CAMA/D&F
4.
INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 1, 1
Was Applicant Present - Yes
5
PROCESSING PROCEDURE: Application Received - November 29, 1995
Office - Morehead City
SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic system
Planned - None
(F) Type of Structures: Existing - Single family dwelling
Planned - Rock rip rap and concrete boat ramp
(G) Estimated Annual Rate of Erosion: 5' to 6'
Source - Applicant
6.
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Distichlis s icata and 96 ft2
S artina ap tens -
(B) Non-Vegetated Wetlands
Estuarine waters and eroded 680 ft2
sandy shoreline
(C) Other
High ground 144 ft2
(D) Total Area Disturbed: 920 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA NSW Open: Yes
8
PROJECT SUMMARY: The applicant proposes to place rock rip along 55' of shoreline and
construct a 40' X 12' boat ramp.
A %%
FIELD INVESTIGATION REPORT:
THOMAS P. FLYNN/PAMLICO COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The applicant owns an approximate 3-acre "point of land" off SR 1224 near
. Mesic, adjacent Gale Creek and the AIWW in Pamlico County. The property is
located on the south side of Gale Creek/AIWW near its confluence with the Bay River.
The lot is part of a larger tract of land known as Gale Creek Point. This larger tract is
separated from the "mainland" by a manmade canal running northwest/southeast.
Estuarine waters and an expansive intertidal marsh system dominate most of the
landscape adjoining Gale Creek Point. The applicant's property is bordered to the
north and east by Gale Creek/AIWW while the manmade canal defines the southern
and western property lines. The marsh, dominated by S artina cynosuroides and
Juncus roemerianus, can be found along much of the northern and southern property
lines. A narrow 8' to 12' fringe of Distichlis s ip cata and S. patens exists along a 55'
stretch of shoreline adjacent Gale Creek/AIWW. Moderate erosion is occurring along
this stretch of shoreline. Over the past few years, the applicant estimates that the
erosion rate has been 5' to 6' per year. A single family residence is currently being
constructed in the center of the property, and a 210' pier has previously been
authorized through the CAMA General Permit process but has yet to be constructed.
Project Description
The applicant proposes to place rock rip rap in front of a fringe of Coastal
Wetlands along 55' of eroding shoreline, and to install a 40' long X 12' wide concrete
boat ramp. According to the applicant, marl rock will be hand placed on top of "filter
screen" along the erosion escarpment, extending a maximum distance of 4' waterward
of the NWL. The applicant does not propose any backfilling activities. The applicant-
proposes to construct the boat ramp by forming and pouring 6" concrete slabs on high
ground and sliding the slabs into the water. Approximately 20' of the 12' wide boat
ramp would extend into the water while 20' would extend back onto the high ground.
Anticipated Impacts
A total of 460 ft2 of Estuarine Waters would be filled as a result of rock rip rap
and boat ramp construction (approximately 220 ft2 for the rip rap and 240 ft2 for the
boat ramp). Approximately 96 ft2 of Coastal Wetlands would be lost and another 144
ft2 of high ground impacted as a result of installation of the 12' wide X 40' long
concrete boat ramp. Approximately 220 ft2 of eroding sandy shoreline above the NWL
would also be filled by placement of the rock rip rap 4' landward of the NWL.
M. Ted Tyndall - Morehead City Office - December 8, 1995
h
Form DCM-MP-1
APPLICATION-
(Iro be completed by all applicants)
1. APPLICANT
b. City, town, community or landmark
a. Landowner:
Name 111r,- TTh oM C.5 F. )rlVA,' lt)
Address 1,4urpd1 y 1'19krn / DAB
101 / A CK, 13 `"/ G
City ?/}!? err+ f . State R/ G
Zip Day Phone 91?'77543 5
Fax X19- 71/5- 83?
b. Authorized Agent: ./
Name Co 2S f?i l /1'I? ti n,'? ?o ?y7'?ct ?Tc7 r?
Address Pg 9-5 J-a-J- ei489 /T Z iAM 16
City A/e L'-' gam' AJ State -/V 0-
Zip 345? 2- Day Phone 9l ? "43f W7
Fax
c. Project name (if any)
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
c. Street address or econdp road number
d. Is proposed work within city limits or planning
jurisdiction? Yes e. Name of body of water nearest project e.g. river,
creek, sound, bay) 64x l e S C.:'e, f,
oX U4j-L1coQ5-`a1 6f)177,kW,,f1V
OF PROPOSED PROJECT
3. DESCRIPTION AND PLANNED USE
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or fling activiti .
//CM eVr" °et? rE e-,r .
oc. k R, "P-,44 13oA7- ngrft ir•cca??,
b. Is the proposed activity maintetTqce of a? existing
project, new work, or both? AX&&d G%,-4.
c. Will the projecte for public, private or commercial
use? r J f/27f
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. FOrIn A out
Co,-)e-r A0 10-05 oIJ r G re
GtM d'd L'5 l r ti'i`0 , T f D
Revised 03/95 rM•+............w.+.•y°«ay?
w
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract I /LlUX . 3 ?i G fey
b. Size of individual lot(s) Al 11-r-
l
c. Approximate eI yation of tract above MHW or
NWL?orr?x
d. Soil type(s) and texture(s) of tract
5? p Y C1 V
e. Vegetation on tract ?ra-55 (B?rn? ????
f. Man-made features now on tract 140 ,2
No
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site. (Consult the local land use plan.) In addition to the completed application form, the
following items must be submitted:
Conservation Transitional
Developed Community • A COPY of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract ned py local government? 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
i. Is the proposed pr,ol'ect consistent with the applicable from the owner to carry out the project.
zoning? V Yes No
(Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an* 8 1%2" by 11" white paper. (Refer to
done for the tract? Yes ??No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ?No
Are there wetlands on the site? ?Yes
Coastal (marsh) ? Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
Revised 03/95
m. Describe exi ting wastewater treatment facilities.
L, r r C- ?'?S?e ri?
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential disc arges.)
C3rc?li,y2ry s„r ?cP c?,v-ofd
o. Describe ex'is`t ing drinking water supply source.
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers 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 personnel unfamiliar with the area to the
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 4a,-ox. 3 aGfe5
b. Size of individual lot(s) Al /W
c. Approximate elex ation of tract above MHW or
NWL
d. Soil type(s) and texture.(s) of tract
e. Vegetation on tract
f. Man-made features now on tract 9 058
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
local government?
h. How is thhtract zpned?y?t
Wi r c1/ A," i
i. Is the proposed project consistent with the applicable
zoning? V Yes No
(Attach zoning compliance certificate, if 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 ?No
Are there wetlands on the site? /Yes No
Coastal (marsh) ? Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
archaeological assessment been
Yes ? No
m. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
d1`d1,?4ry S,r-?acP ua'-of'?'
o. Describe existing drinking water supply source.
we-/1
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.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.020' :P for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers 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 personnel unfamiliar with the area to the
Revised 03/95 ` _ .....s
Form DCM-MP-1
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 signing this form, the applicant
further certifies that such notice has been provided.
Name SAjrlP (?4)tt1oAl d
Address ?, T / S,9A L? 3 9
Phone &o y/vro, W 145/5'
Name J7r<?2t2y P, ?a.?h;
Address /oy UiryI'Alia La.-re
Phone Necu Eerxl We ?SS/ D
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.
C/?lylR ?Z{ ? 6exle&L 'Z
???g /995 ?tij?W 4l4yl99?
• 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.
Revised 03/95
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.
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 3 4 day of ND Ve (n efg 95
Print Name % h0/)17QS EfyNAJ
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM W-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
??"wr++r ? r r rn?rr rrwr. Kt?w.
Form DCM-MP-2
EXCAVATION
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
fill activities. All values to be given in feet.
Average Filial
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat ;Q
ramp be(pw
M0L
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Revised 03/95
Wo
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards /?Qne_.-
b. Type of material tcv be excavated
c. Does the area to • be excavtated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
A11
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of
c. Do you claim title disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
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 N water 4. S cgs 3
(2) Dimensions if fill area -
f. Does the disposal ' 1 1/d ea in the water? ?D ix 1 ' 2W01V /V cll.Yes
(3) Purposefi dill Co h c r? lea,"' U
7 60'+
o
b. Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATION (marsh , SAVs or other wetlands?
Yes No
If yes, f i
a. Type of shoreline stabilization (1) Dimensions, of fiU area g X 1 P
Bulkhead ?prap 0
(2) Purpose of fill 06n cvp rCtr?D
b. Length -55
c. Average distan5p waterward of MHW or NWL
3
5. GENERAL
d. Maximum distance waterward of MHW or NWL
S/
e. Shoreline erosion during preceding 12 months
(Source of information) -k? ap- I A.
f. Type of bulkhead or ri rap material i?2kC-
0 ue-r r "Ikir ?C- ree&'
g. Amount of fill in cubic yards to be placed below
water level J
(L S
(1) Riprap ?I.5;ff t t)
(2) Bulkhead backfill
h. Type of fill material m
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
? Yes No
a. How will excavated or fill material be//kept on site
and erosion controlled? to pT sG6
W r l( '?e -Eh r x -ec( P'- 1) r.?. i c?C ?P 1?,2 Cua a v
CN'd"i Q
J
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
46 C- I >
c. Will wetlands be crassed in transporting equipment
to project site? Yes L---No
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant or Project Name
Signature
11 1 e Z3
?f
Date
Revised 03/95
Form DCM-M -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 N water 4. g cos 3
(2) Dimensions-6f fill area
f. Does the disposal ' 1 d ea in the water? ( ?o I r dp/C.J /V we )
Yes -o7 (3) Purpose otIll Co ;, c v.ek boc-f Vaz" la
b. Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATION (marsh , SAVs or other wetlands?
Yes No
If yes, f
a. Type of shoreline stabilization (1) Dimensions, of fill area g X l r
Bulkhead ?prap
(2) Purpose of Fill ncvp ci rnr--,, r)
b. Length -55
c. Average distan5p waterward of MHW or NWL
.3
d. Maximum distance waterward of MHW or NWL
-5-/
e. Shoreline erosion during preceding 12 months
(Source of information) 7 1 5 ' '
f. Type of bulkhead or ri rap material
oe-r r "1-leir C- ree&&'
9.
h
i.
Amount of fill in cubic yards to be
water level /
(1) Riprap ?S? Cam' ii [l5
(2) Bulkhead backfill
Type of fill material
Source of fill material 4 A17
T
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? &-, s? ? c
v
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
4C ?
Will wetlands be cr3ssed in transporting equipment
to project site? Yes U--No
If yes, explain steps that will be taken to lessen
environmental impacts.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
Revised 03/95
placed below
Applicant or Project Name "
Signature l/
1.1 / / 3 f'
Date
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