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HomeMy WebLinkAbout19970424 Ver 1_Complete File_19970624State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Carlton Jernigan 1301 Arrowhead Trail Edenton, NC 27932 Dear Mr. Jernigan: AT4 4�jj DEHNR June 24, 1997 Chowan County WQC 401 Project #970424 You have our approval, in accordance with the attached conditions, to place fill material in 1,190 square feet of waters for the purpose of stabilizing a shoreline at 1301 Arrowhead Trail, as you described in your application dated 13 May 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. 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, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or 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 and you may be required to send us a new application. 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. 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919 - 733 -1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Central Files John Parker, DCM P.E. I 970424.1tr Division of Water Quality - Environmental Sciences Branch 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 DEHNR Fax : 9199753716 Jun 19 '97 10:28 P.06/07 .To•:. John Dorney plsi:niing Branch • ; DIVISION OF Bi+1VIHOIiII+�iTAI, MANAT[ CAMAICl�OE P�iLT APPLIC LTIM RKvill I • E sAwYBe DATE: C� .1170MUTION FM SAL. OFFICE rscAC�trt�r: P=N=l era: Np.: covUyr: • ,. -kV EM CDA: EW DATE FZH CD& VER ING. MWICB: W&W RI AND • SUR RUIN 'ST -M, AGENT WATER BODY: CIAM t. 6LD STIt$m IN= : ..OPEN OR CLOSED: "WZ ..�Ar; WL TYPE; w WL AM ter: .moo CMEM: WL SomEt ar c a�; ray GATION Tom: °. ltITIGAON srz$a SDT A1"FAC,T :.1. R ATIObi: LSM /cm DH11Y HOLD ' :STDRWATER PLAN MID: � IF YES, DATE APPROVED: �=^� JECT DESCRIPTION: WA CE". i - IF YES•, TYPE: WSPOSNL TYPK OF DISPOSAL 1R9 BED: MPOSED, SEPTIC' JANK FTC. ) TO BE MWITTED - IF & DEN, IS SITS AVAIIALE AND PERMIT ISSUANCE PROBABLE: r AREA OF FILL: WA'T'ER: 1t a WETLAND: IS-TILL ELIMINATING A SIGNIF, =FUSE? AJW .. TO U DREDGED: Q1►-1� +` IS'DREDGING ACTIVITY ESPECTED TO CAUSE A SIGNIFICANT LOSS OF ... St�URCH7 I5 SPOIL DISPOSAL ADEQUATELY ADDRESSED? • INN1 Aft'i= FOLLOWING ADEQUATELY ADDRESSED? A)WT SEWAGE DISPOSAL: HARINA SFHVYCES: OXYGEN IN BASIN: CLOSURE OF SHELLFISDING WATERS: CC: VbW; Central Files; DM Field Offices; CDE Washington Office DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carlton B. Jernigan 2. LOCATION OF PROJECT SITE: 1301 Arrowhead Trail (SR 1252), Edenton, Chowan County Photo Index - 1995: 147 -1549 (J -18) 1989: 16 -9 (F -13) 1984: 106 -878 (G -6) 1979: 118 -500 (I,J -9) 1978:118-1533 (L-17,18) State Plane Coordinates - X: 2677800 Y: 911200 3. INVESTIGATION TYPE: CAMA/D &F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/01/97 and 04/24/97. Was Applicant Present - Yes,p Application Received - April 24, 1997 o ? 5. PROCESSING PROCEDURE: A PP P Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Chowan County Land Classification From LUP - Community /Conservation (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private, Residential (E) Wastewater Treatment: Existing - Septic system Planned - N/A (F) Type of Structures: Existing - Bulkhead, single family dwelling, pier & boatlift & deck Planned - Bulkhead, pier, boathouse, deck (G) Estimated Annual Rate of Erosion: 12' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) ES Disturbed 8,250 square feet (B) Non - Vegetated Wetlands (C) PT, EW 1,190 square feet Shaded 1,328 square feet (D) Total Area Disturbed: 10,768 square feet (.247 acres) (E) Primary Nursery Area: No (F) Water Classification: B NSW Open: N/A 8. PROJECT SUMMARY: Construct 235 feet of wooden bulkhead an average distance of 5.0 feet waterward of NWL in Public Trust and Estuarine Waters. The applicant proposes to grade his property in an effort to prevent excessive erosion in the Estuarine Shoreline. The applicant proposes to construct a 5' x 96' pier, a 12' x 30' boathouse with half sides, a 30' x 16' deck with a 6' x 18' finger pier. Carlton B. Jernigan Bio Report Page Two Site Description The applicant owns three adjacent lots totaling 1.25 acres in the Arrowhead Beach Subdivision, Chowan County. The lots; numbered 236, 247 and 9144 are located at 1301 Arrowhead Trail (SR 1252) and are adjacent to the Chowan River. Adjacent property consists of similar size lots developed with single family dwellings, bulkheads and piers. Lots 246 and 247 were consolidated several years ago and a single family dwelling with a 125' bulkhead, 5' x 80' pier, 16' x 16' deck and a 12' x 24' boatlift have been constructed. The existing bulkhead is aged and failing. The applicant currently resides in the existing. dwelling; however, a new single family residence is planned for Lot 9144. The applicant has owned the Lot 9144 since March 1997, the property is generally flat with sandy soils and an elevation of 25 feet above normal water level. Property vegetation consists of flowering dogwood (Corpus florida), loblolly pine (Pinus taeda), pin oak (uercu alustris) and yard grasses. Towards the river, lots 246 and 247 slope to the existing bulkhead at NWL. Lot 9144 does not have a bulkhead . and has an almost vertical erosion escarpment 25 feet in height along the shoreline. A cove has been created by erosion that is approximately 25 feet wide and 40 feet long with a water depth of 1 foot. A sandy beach exists in the cove between the erosion escarpment and NWL. The Div_ ision of Environmental Management classifies the waters of the Chowan River as B NSW. Development Proposal In order to protect his property and prevent further erosion, the applicant proposes to construct 235 feet of treated wooden bulkhead an average distance of 5.06 feet waterward of NWL. The proposed bulkhead .will connect to the adjacent riparian property bulkhead structures and will be placed 2 feet waterward of the applicant's existing bulkhead. In preparation for constructing a single family dwelling in which the applicant intends to reside, the applicant proposes to construct a 5' x 96' pier, a 12' x 30' boathouse with half sides, a 30' x 16' deck with a 6' x 18' finger pier that connects the main pier with the deck. The applicant further proposes to grade lot 9144 in an effort to provide a slope comparable to the adjacent lots. Anticipated Impacts The proposed bulkhead alignment will result in 1,190 square feet of Public Trust and Estuarine Waters being filled. Approximately 44 cubic yards of fill material will be placed below NWL. The pier, finger pier, deck and boathouse will shade a total of 1,328 square feet of Public Trust and Estuarine Waters. The grading and sloping of the Estuarine Shoreline will result in 8,250 square feet of land disturbing activity. Increased water turbidity will occur during construction of the structure located in the Public Trust and Estuarine Waters Areas of Environmental Concern. No submerged aquatic vegetation was observed. Submitted by: Frank A. Jennings, III Date: April 25, 1997 Form DCM -MP -1 P A P LI ATI N p�. � 2 b V997 (To be completed by all applicants) b. City, town, community or landmark I. APPLICANT S a' ' E .& r /�� FD En/ 7�ai1, AU �• a. Landowner: Name G%RLTan1�. �EP,n/IGAIIl Address 130 / A.ICQ yW NFR 7'je421'1 City is DtNToIV State ffe Zip 21 a 3 2 Day Phone Fax b. Authorized Agent: Name Address City Zip Day Phone Fax c. Project name (if any) State NOTE. Permit will be issued in name of landowner(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT a. County C Na W)+A/ Revised 03/95 c. Street address or secondary road number ZP /_fi>ze-o w fll�w 1 ewt L , a►,d 16-r y i yo d. Is proposed work within city limits or planning jurisdiction? Yes ✓ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) C 4-o 0 p n/ n r Vt 4 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. J60i.-KgC,1P->, Kre, A RaAT -#ov Ste_ 6-RA6L Z-0 —1 d�c1K b. Is the proposed activity maintenance of an existing project, new work, or both? A g) 004k, c. Will the project be for public, private or commercial use? 121U VOTE OTE 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..0rQIkA A J w;11 tL27tln Y /ndSe o T /uh _e, A �; V ► eQ �G!CLTjiir•JS•y 'F"C..)Y floY�o'r�o.Q li S , j?!/ Cah._i *ti_� c 7`'i e .✓ y T o-� . io Y p s S y r ..y / veo, %r' b rY Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract /, 02 acto� b. Size of individual lot(s) 7 a-c,, -f— , c. Approximate elevation of tract above MHW or NWL a t=ecr, d. Soil type(s) and texture(s) of tract e. Vegetation on tract f. Man-made features now on tract Mrr I Fb_1vC6 m. Describe existing wastewater treatment facilities. a oT;c- -G. n 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.) _st.y4-,C_y_� "N D P-P o. Describe existing drinking water supply source. 5: ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site. (Consult the local land use plan.) 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. Ho is the tract zoned by 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 proposedyroject consistent with the applicable from the owner to carry out the project. zoning? ✓ 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 v-' No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) Revised 03/95 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 r' 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. 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 N 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 `roIFIf 0, SdAld Jae I certify that I am authorized to grant, and do in fact, Address SAN r4bZo M14 CA,g.42�k , A.) -33. 1 grant permission to representatives of state and federal Phone 7 - 3 6 / �,3 7 review agencies to enter on the aforementioned lands in _connection -with _evaluating_..information related-to-this -- Name O r /( permit application and follow -up monitoring of the Address f 6:2 0A PI-e 0-4—, � �, - /.j2Vff roject. Phone %S.g o T 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. I1o11 ,LL EA t/ /,5S4ed • 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 Jor projects in oceanfronl'annm et areas. p • A statement of compliance with the ,N.C. Enviconme!W,'b icy '2ct. .C. .5: 13A - 1 to '10) If the project in olveMS exppenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 I further certify that the information provided in this application is truthful to the best of my knowledge. This is the �� day of 140R11 , 19-2-2 Print Name L4_4RLT -0A) 6, J ERIUI &6AI L Signature 42,,Z& Landowner or Authoriz Ag Please indicate attachments pertaining to your proposed project. CM MP -2 Excavation and Fill Information DCM MP -3 ✓DCM Upland Development 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. '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. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03195 Average Final Existing Project Length ----- _ Width,__, Depth _ - _ -Depth . 1. EXCAVATION a. -Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated 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 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to 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? k MR Rx �Zyr.- •, <::e8�'•:,,. is •;::::.,, 1. EXCAVATION a. -Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated 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 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to 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? k 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 water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes No (3) Purpose of fill 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ✓� Bulkhead Riprap b. Length 0- 33'� Cr Fe c. Average distance waterward of MHW or NWL 5.06 Feel d. Maximum distance_waterward of MHW_or NWL 5 Fe eT e. Shoreline erosion during preceding 12 months (Source of information) & A5e 0 4' T-! o A f. Type of bulkhead or riprap material :a �T JO D g. Amount of fill in cubic yards to be placed below water level (1) Riprap ! (2) Bulkhead backfill 'y 'q Cu V( 5. h. Type of fill material G er, Y\ J Y V i. Source of fill material r.X 50UYe.2 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03/95 b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or f 1 material be kept on site and erosion controlled? k ,, Tvr ►bel �YeA- w i 1 be �.� its �,. SS � �• b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr3ssed in transp mg equipment to project site? Yes VNo If yes, explain steps that will be taken to lessen environmental impacts. CAR,LT -DA) b. SE- kA)1G ,qA) Applicant or Project Name -. . Signature A/mr'/ 2-,4 / 7*7 Date C. Form DCM -MP-4 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) . (1) — Commercial _Community .. L4rivate (2) Number / (3) Length 9G (4) Width S ' (5) Finger Piers Yes No (i) Number -(ii)- Length (iii) Width 6 (6) Platform(s) Yes No (i) Number (ii) Length 30' (iii) Width AG' (7) Number of slips proposed / (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL Boathouse (including covered lifts) (1) Commercial `Private (2) Length 30 ' (3) Width /91' Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. (1) Length (2) Average wetlands wood, sheetpile, etc.) distance from MHW, NWL or (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 R 2 Goiii =;�3d e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, - mooring pilings, etc.) (1) — Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) C AR LT-DA) 5, 3E'i�°N I G NU Applicant or Project Name Signature- Am 1 2 z4 Date BULKHEAD N r6 - - - - - G Rct be LG v C I— :%8'X io' TIE ROD 6 ,X 6 4„XS�a P- X8 T¢G BULK NCADINC- \ v.. 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L 1 Q7 O tl c 41 y ,j O a O, Z a , L d C _ V .2 C — O V m o X tn :y U n a, C (U d a o $Anv V) v a, c � O 1 V- i� dsa G1� Q "Q s �O ti0 �o �P CT' CJ � oe Ct v 8461 H08VV4 H180N 'JdW ad OL \Od Jai PGA Jae Pa p 1 U a, Q, � 3 ; V. o In c rn O L c0 tn N ty 4r � a L t � O E O' O O y Cy L a o 2 o a, L. L 1 Q7 O tl c 41 y ,j O a O, Z a , L d C _ V .2 C — O V m o X tn :y U n a, C (U d a o $Anv V) v a, c � O 1 Y � I Qz Ln 0 2 2 Cs � O � Q cl n Qj ro W o� v 10 II!!�II \III \\Ila W Y In 0.l` O�U r CL � Q 2 J ° CQ \ I A W 0 4, W W o� v 10 II!!�II \III \\Ila W Y In 0.l` O�U r CL -„ -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 -7687