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[
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- IF & DEN, IS SITS AVAIIALE AND PERMIT ISSUANCE PROBABLE:
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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
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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