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HomeMy WebLinkAbout19970615 Ver 1_Complete File_19970722State 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. D. Harold and Ms. Betsy R. Gurganus 704 John Small Ave. Washington, NC 27889 Dear Mr. and Ms. Gurganus: ALT.R?FA r4i 40 E:)EHNR July 22, 1997 Beaufort County WQC 401 Project #970615 You have our approval, in accordance with the attached conditions, to place fill material and dredge 0.013 acres of waters for the purpose of constructing a boat ramp at SR 1315 on Pamlico River, as you described in your application dated 7 July 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 trader Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919 - 733 -1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker, DCM Sincerely, n How , Jr. P E. J 970615.1tr 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 /100/6 post consumer paper DEHNR Fax : 9199753716 Jul 15 '97 15:09 P.03/08 �'.. Planning Branch DrMION OF MorROMOMMAL MANAGNHM cAWmg PO4UT APPLICATION HgVDW :# MQ SUPM nsm: THMw REVIEW: SA*U fiA'1' .AMID �.P*b !Anom- FOR' :OFFICH TRA(XTNry pF��:Im '97 NO S- UN17tr : ry PTt�3B(,'T TYPE: T TYPE: Dort' #: x DATE nM MA. � i�� Aq s 6M- Cx t Wam 1um`t, � m SUB BASIN :EB$h't `OR ADJAC WATER BoDY:�vSTR STRUM IILDEX GPM . 'O�t. C . tip! ACE: WL rYPS: WL ACH SST: �p�,..� • WL -Stmt MMGATIOM TYPE: MOTGATI MMGMOM SIZE• SHKgr ATTAClLSD? "g QMII�l 1l�TION: �I33fT -� �` ISSUEFCOND Doff HOLD S•7'©rd'A!lAM PLAN ,REQ'Ds IF YES, DATE APPROVED: L!RQ.7ECT DESCRTPT-TON: 1 � �.�► �.°a`"� 1 �`�`'- ,.cam..""•`'' � WwT»:'`zTY: c>r. (gnu GRRT: ;REOrD: ti i IF;,.NSS, TYPE: TfPE ' OF DISPOSAL ,,PRO ED: t ,n+v►�.� j PROPOSED, 5$PTIC TANK ETC. .:TO SE PERMITT _ - �` �- -- - -- -- COU MEN, DHSI, !, .;$Y •DW, IS SITE AVAI AND PERMIT ISSUANCE PROBA$LE: ;,...•TILL BOO WETLAND: ' ARE'A..`OF FILL*, MATER': hS FILL ELIMINATING A SIGNIF CANT USP? AI TO BE DREDGED :OU Y3 DRUDGING ACTIYI7'X EXPECT TO CAUSE A':SIGNIFZGANT LOSS OF REJOURCE? r-. SPOIL DISPOSAL ADEQUATELY ADDRESSED? ARE ,TIC FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA sERVYCES: OXYGEN IN BASIN: CLOSU tE of SHELLFISFiING WATERS: CCi WaRoj Centrai Files; DCM Field Offices; COE Washingtt�n Office DIVISION OF COASTAL MANAGEMENT RECEIVED FIELD INVESTIGATION REPORT jot 0 71997 1. APPLICANT'S NAME: D. Harold and Betsy R. Gurganus ENVIRONMENNALWENCES 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1315 (Edgewater Beach Road) on the Pamlico River near Washington, North Carolina Photo Index - 1995: 100 -1062; P -18, R -18,19 1989: 2 -64 -7; J- 13,14, K -14 1984: 73 -580; L- 13,14, M -14 State Plane Coordinates - X: 2,592,400 Y: 646,200 Washington Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA / D &F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/05/97 04/26/96 Was Applicant Present - NO YES 5. PROCESSING PROCEDURE: Application Received - 06/17/97 (D) Total Area Disturbed: f 0.1 acres (E) Primary Nursery Area: NO (F) Water Classification: SB -NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a 10 slip pier facility ±260 feet into the Pamlico River, construct a 15' wide by 20' long boat ramp and replace 3 - 25' long wooden groins. Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation(water, wetlands), Urban Transitional(land) (B) AEC(s) Involved: ES,EW,PTA (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Community septic - LPP system Planned - N/A (F) Type of Structures: Existing - 6 unit Town homes under construction Planned - 2 additional 6 unit Town homes, pier with 10 slips, a boat ramp, and replace 3 - 25' long wooden groins (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non - Vegetated Wetlands f 300 ft2 f 300 ft2 f 2,144 ft2 River bottom boat ramp boat ramp shaded /piers (C) Other High ground f 375 ft2 boat ramp (D) Total Area Disturbed: f 0.1 acres (E) Primary Nursery Area: NO (F) Water Classification: SB -NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a 10 slip pier facility ±260 feet into the Pamlico River, construct a 15' wide by 20' long boat ramp and replace 3 - 25' long wooden groins. D. Harold and Betsy Gurganus Beaufort County Project setting The project site is located off SR 1315 (Edgewater Beach Road) on the Pamlico River near Washington, North Carolina. The proposed site is approximately 3.4 acres on which a 6 unit town house is under construction. The applicant's long range plan is to construct two additional 6 unit town houses for a total of 18 units and expand the proposed pier from 10 to 18 slips. When Mr. Gurganus gets to this point, he will apply through the permit process to upgrade to a marina and will comply with the NCEPA requirements. The current town house construction and associated land disturbing was authorized by a CAMA Minor permit issued on 25 June 1995. Vegetation on the tract in the cleared area is limited to several cypress trees along the shoreline and annual grasses. The most landward portion of the property is vegetated with mixed hardwoods and pines and has been delineated as 404 wetlands by the U. S. Army Corps of Engineers. The property is bordered on the west side (upstream) by a developed lot with a dwelling, pier and bulkhead. This property is vegetated with mixed hardwoods, lawn grass and ornamental shrubs. The project site is bordered on the east (downstream) side by a developed lot with a travel trailer, pier and bulkhead. This property is vegetated with mixed hardwoods, pines, and lawn grasses. The average pier length in this area of the river ( ±1,00' in each direction) is approximately 100 feet. Pamlico River at the proposed site is classified as SB -NSW by the Environmental Management Commission. This area of the Pamlico River is not open to shell fishing. The Division of Marine Fisheries has designated this portion of the Pamlico River as a Special Secondary Nursery Area. Project description The applicant proposes to construct a pier 6' wide by 260' long with 10 slips (five on each side) that will average 16' 2" wide by 35' long with 4 - 2' wide by 16' long finger piers and outside mooring pilings. The pier will terminate with a 6' by 76' T -head. A 15' wide by 20' long boat ramp is proposed on the upstream side of the pier. The applicant proposes to replace 3 existing wooden groins in the same location with a maximum length of 25' below the normal water level. Anticipated impacts Approximately 300 ft2 of river bottom will be excavated for the installation of the boat ramp. The construction of the pier complex will result in the shading of ±2,144 ft2 of river bottom. Approximately 375 ft2 of uplands will be disturbed. The project will result in localized turbidity as a result of the filling and construction activities. David W. Moye - 17 June 1997 Form DCM -MP -1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name D. HAROLD & BESTY R. GURGANUS Address 704 JOHN SMALL AVENUE City WASHINGTON State NC Zip 27889 Day Phone 919- 946 -1132 Fax 919 - 792 -3696 b. Authorized Agent: Name JOHN G. THOMAS - THOMAS ENGINEERING CONSULTANTS, P.A. Address P-0- BOX 1309 City NEW BERN State NC Zip 2856 Day Phone gi g- F,37 -g7g7 Fax 919- 636 -2448 c. Project name (if any) CYPRESS BAY b. City, town, community or landmark IJASII I NG"ITON c. Street address or secondary road number So 1315 d. Is proposed work within city limits or planning jurisdiction? Yes - X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) PAMLICO RIVER 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. PIER, BOAT SLIPS, & BOAT RAMP b. Is the proposed activity maintenance of an existing project, new work, or both? NEW c. Will the project be for public, private or commercial use? PRIVATE d. Give a brief description of purpose, use, methods of construction and daily operations of .proposed NOTE. Permit wit/ be iu+ud in nano of landowner(s), andior project. If more space is needed, please attach additional pages. PRIVATE USE BY CYPRESS BAY projccY name. . TUHHOME•' OWNERS. 2. LOCATION OF PROPOSED PROJF,CT a. County BEAUFORT Revised 03/95 Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 3.421 ac b. Size of individual lot(s) TOWNHOUSS c. Approximate elevation of tract above MHW or NWL 4 FT d. Soil type(s) and texture(s) of tract SANDY -LOAM e. Vegetation on tract A FEW TREES & GRASS m. Describe existing wastewater treatment facilities. COMMUNITY SEPTIC -LI'P SYSTEM 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.) STORMWATER ONLY o. Describe existing drinking water supply source. BYAUFORT COUNTY WATER SYSTEM f. Man-made features now on tract 6 -UNIT TOWNHOUSE. BUILDING UNDER CONSTRUCTION S. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? Yes No N/A (Attach Zoning compliance cerfificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No 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 X No 1. Are there wetlands on the site? -X— Yes No Coastal (marsh) Sher c,nL If yes, has a delineation been conducted? YES (Arrach doru~ntation, if availtd4e) +&Jt - C C.(atiS S ,QII — e- . Revised 031" 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 71.020' ) 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 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 W.B. SCOTT, JR. Address 85 EDGEWATER BEACH RD. Phone WASHINGTON, N.C. 27889 (919) 946 -4323 Name R OBIN R. M00RE, SR. Address 6623 RIVER ROAD, WASHINGTON, NC 27889 Phone (919) 946 -5020 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. WASREWATER IMPROVEMENT PERMIT X11045 COE GENERAL PERMIT NW# 12 DWQ GENERAL CERT X13032 • 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. RevLwd 03195 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 23 day of MAY 19 97 Print Name JO /. THOMAS Signature \ 1itr or Authorized Agent Pleise indicate attachments pertaining to your proposed project. X DCM MP -2 Excavation and Fill Information DCM MP -3 Upland Development X DCM MP-4 Structures Information DCM MP -5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please si},n and date each attachment in the space provided at the bottom of each form. Form DCM -MP -2 EXCAVATION AND FI LL (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 Eidstiog Length Width Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp 20' Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 15' 2' Final Project Depth 2' 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 6 b. Type of material to be excavated SAND c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards 7 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area ON -SITE b. Dimensions of disposal area 20 x 50 c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes X No If yes, where? Form DCM -MP -2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No Revised 03/95 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes x No 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? Spread out for landscaping. Erosion Controlled with seeding & silt fence b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe c. Will wetlands be crassed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Cyp4to (e�ctName ppli di May 23, 1997 Date Form DCM -MP4 S'i'RUC'i'URES (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 ✓ Private (2) Number 1 (3) Length Z60 (4) Width 4 (5) Finger Piers /-Yes No (i) Number `f (ii) Length A' ' (iii) Width Z ' (6) Platform(s) ✓Yes No (i) Number 1 (ii) Length '2 6 (iii) Width l (7) Number of slips proposed /0 (8) Proximity of structure to adjacent riparian property lines '�_ /,.5 - ' (9) Width of water body 4- ha_ (e f (10) Water depth at waterward pnd of pier at MLW or NWL b. Boathouse (including covered lifts) �Q /4 (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number _? (2) Length(s) ZS't d. Breakwater (e.g. wood, sheetpile, etc.) H/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 e. Mooring buoys %X /� (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 _ pi li_n,✓Pri(1) _Commercial o nty v.a) t e (2) Number /0 (3) Length (4) Width g. Other (Give complete description) c' c �. s -1; � => I pli 4 Proj Ne Da�