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HomeMy WebLinkAbout20080401 Ver 1_DCM Permit_20080613Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermi t ssp!p! jd/ L-3 6yy? \^?? JUN 1 3 2008 DENR - WATER WAUTY WETLANDS AND STQRMWATER BRANCH for X_ Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Crystal Cove Homeowners - Chadwick Acres, 156 Singleton Street, Sneads Ferry, NC 28460 Authorizing development in Onslow County at adi. to man-made canal off Stump Sound and AIWW. Lots 2 & 3. Chadwick Acres , as requested in the permittee's application dated "revised 5/12/08", including the attached workplan drawings (3), 1 of 2 dated "revised 5/12/08", 2 of 2 dated 5/12/08, and 1 dated 1/10/08. This permit, issued on June 11, 2008 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be excavated shall require permit modification. 2) No Coastal Wetlands shall be excavated outside the alignment depicted on the attached workplan drawings, 1 dated revised 5/12/08 and 1 dated 5/12/08. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2011 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Permit Number 78-08 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. James H. Gregson, Director /-'; N?vision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee •.t }ceiJ+; .v4,: ??Y" Yi ? .,i4,.. L?!K,.,-'?u'?vSn 1, K.:..? i :??....^ . ?r...e N4+A52+?'+?.<:.. '-i.r;... .. r . ", .: ? .: ..?..?. ., i. . ....? h. ? :..: '..?..;. ?.? Y . . , _ ?iq ? 4 : ? . , r ... ... .... Crystal Cove Homeowners - Chadwick Acres Permit # 78-08 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Spoil Disposal 6) All excavated materials shall be confined to the area indicated on the attached workplan drawing behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Low-profile Bulkhead 8) The alignment of the authorized low-profile bulkhead shall adhere to the alignment depicted on the attached workplan drawing, thus allowing for a post-excavation channel width of approximately 30 feet immediately waterward of the low-profile bulkhead. 9) The height of the authorized low-profile bulkhead shall not exceed the height of the adjacent Coastal Wetland substrate. 10) The low-profile bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by Division personnel. 12) This permit does not authorize any backfill associated with the low-profile bulkhead. No Coastal Wetlands shall be filled. ,,11 Crystal Cove Homeowners - Chadwick Acres Permit # 78-08 3 Page 3 of 3 r ADDITIONAL CONDITIONS Sedimentation and Erosion Control 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). General 14) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 080401), which was issued on 4/7/08. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2008-00939-067. M WI IMPLICATION for Maier level0molou't Permit wile" ,=7108) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Crystal Cove Homeowners- Chadwick Acres Project Name (if applicable) N/A Applicant 1: First Name Donald and Kathem MI Last Name Schwahn Applicant 2: First Name John MI Last Name Moore If additional applicants, please attach an additional page(s) with names li sted. Mailing Address 156 Singleton Street PO Box City Sneads Ferry State NC ZIP 28460 Country us Phone No. 910 - 327 - 3523 ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Chad Kimes, P.E. (Engineer/Consultant) Agent/ Contractor 1: First Name Chad MI Last Name Kimes Agent/ Contractor 2: First Name MI Last Name Mailing Address 104 Newton Road PO Box City Hampstead state NC ZIP 28443 Phone No. 1 910 - 470 - 4494 ext. Phone No. 2 - - ext. FAX No. 910 347 3488 Contractor # Street Address (r7 different from above) City stow ZIP Email <Form continues on bade .JUN 1 3 2008 UrtVR , 4ATER UJAUll' vvk ; i.ANDS AND STOWWATER BRANCH Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow Lot 2& 3 Chadwick Acres, Canal between Waters & Singleton N/A Str. Subdivision Name City State Zip Chadwick Acrea Sneads Ferry NC 28460- Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. See attached plat, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Intercoastal Waterway Intercoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ?Natural ®Manmade ?Unknown ICW, Stump Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ?Yes ®No work falls within. 4. Site Description a. Total lerof shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) r AQ'Wto be dredged in Canal N/A c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water or N/A, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 1.0 ®NHW or ?NWL e. Vegetation on tract Coastal Wetlands f. Man-made features and uses now on tract Existing 40' Manmade Canal. Uses are pleasure boats up to 28' in length. g. Identify and describe the existing land uses adiaoent to the proposed project site. Residential Lots h. How does local government zone the tract? L Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ?Yes ?No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes No ®NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a Yes No ®NA National Register listed or eligible property? li <Form continues on next page> m. () Are there wetlands on the site? Yes ®No (ii) Are there coastal wetlands on the site? ®Yes ?No (ii) If yes to either (i) or (i) above, has a delineation been conducted? ®Yes ?No (Attach documentation, if available) Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. NONE o. Describe existing drinking water supply source. NONE p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this project is to dredge the existing canal back to its original 40' width and will be 4' of water at NWL matching the typical of the existing canal. The use of this canal is for boating access. Daily operations will be boating. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. There will be one excavator and one barge. Once excavated, the dredged material will be placed on an approved site. Please see the attachment. d. List all development activities you propose. 1. Dredge the area as shown on the plan sheet and obtain 4' of water C Low Tide. (36' 14, P7-4 2. " Lett LEVEL" SULICOEAO - Agga.axtrrt.15b' e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance o- V f. What is the approximate total disturbed land area resulting from the proposed project? -gp" ®Sq.Ft or ?Acres 4 115 g. Will the proposed project encroach on any public easement, public accessway or other area Yes No NA that the public has established use of? T7 Describe location and type of existing and proposed discharges to waters of the state. NONE i. Will wastewater or stonnwaterbe discharged into a wetland? Yes No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA j. Is there any mitigation proposed? Yes No ?NA If yes, attach a mitigation proposal. <Fonm continues on back> 6. Additionallnformadon In addition to this completed application form, (Mp-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Mr. Devaul Dess Langdon Phone No. Address 130 Pope Lake Road Angier NC 27501 Name Mr. Donald G. Gregory Phone No. Address 800 N. Raleigh Street Suite A Angier, NC 27501 Name Mr. John L. Gardner Phone No. Address 106 Kiltway Durham, NC 27712 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Major Permit # 6-86 issued on 7/1186 to Mr. Marlow F. Bostic General Permit # 016793 issued on 10/31197 to Tyman Schwahn General Permit # 019707-D issued on 10121/98 and # 019827-D on 2/22/99 to Crystal Cove Homeowners General Permit # 22564-D issued on 2110/00 to Joseph Lamb and John Moore General Permit # 42807-D issued on 9/6105 to Michael Rivenbark h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development descnbed in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad 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 th t the information provided in this application is truthful to the best of my knowledge. Date Print Name C fA }) ?l f Y1 ES Signature .-? Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts Form DCM MP-2 EXCAVATION and FILL (Except for 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. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Othii Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluc shore] NWL stabiliz< Length 4z'e`' ill )' Width 46, Mq( mAIL Avg. Existing Depth 0 NA NA Final Project Depth 4' NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards.Ov NWL c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAN), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the numbe&4l square feet affected. OCIN ?Fs OSAV OSB OWL ONone (ii) Describe the purpose of the excavation in these areas: Maintenance of Existing Canal OThis section not applic Sand/Mud d. High-ground excavation in cubic yards. 50 c.y. above NWL Z. UlbPUSAL OF EXCAVATED MATERIAL a. Location of disposal area. Mr. Donald Schwan' property. See attached Drawing r~ (i) Do you claim title to disposal area? OYes ®No ONA () If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW OSAV OSB OWL ®None (it) Describe the purpose of disposal in these areas: Fill Material See Drawing OThis section not applici area. d. (i) Will a disposal area be available for future maintenance? OYes ONo ONA (ii) If yes, where? f. (i) Does the disposal include any area in the water? OYes ®No ONA (ii) If yes, how much water area is affected? d. ZiHUKELINE STABILIZATION ®This section not applici (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 1 a' VrBuikhead ?Riprap ?Breakwater/Sill ?Other. Width: ' C. Average distance waterward of NHW or NWL: -o f-A P--iA&) d. Maximum distance waterward of NHW or NWL: L.o -' i+LVC.a - e. Type of stabilization material: f. V114 L 17fs. srs'e C: Nog©M 13Q it+s.'t?'?t-?AT1F' 11It1to Orr eus a g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. cvt.? F??>r?C s?r4 NIA - Lo V4 0 rJ P LAP4 S (i) Has there been shoreline erosion during preceding 12 months? ET(es ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. Faj>aw At-r..ls) S ;«4 h. Type of fill material. !J 1 I, 4. OTHER FILL ACTIVITIES SThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ?Yes No NA b. () Will fill material be placed in coastal wetlands/marsh (CW), a,lhmamawf anuatic vegetation (SAV). shell bottom (SB), or If yes, other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water number of square feet affected. (iii) Dimensions of fill area ?CW ?SAV ?SB (iv) Purpose of fill ?WL ?None (ii) Describe the purpose of the fill in these areas: 5 GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e g , dragline, controlled? backhoe, or hydraulic dredge)? Silt Fence around spoil site. Then graded and seeded. Excavator and barge c. (0 Will navigational aids be required as a result of the project9 d. (I) Will wetlands be crossed in transporting equipment to project ?Yes SNo ?NA site? ?Yes SNo ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. pli t gnat Date p 1 t L. CsiJc Project N e C 41) !( `m tG Ae plicant Name ?RoPc SED D9XVSING /BULK 1. 6AL A•r G#ADhliM Aue-S Goss SErTrot,1 A IN s ?wN ?O ? Gv?O?'y _maw P?oPcSt O ! - - - Mph! ? lu W L.EYr L'. ® j ,? SWLtIAMD -4.6 ? ?X1ST1NCj RoPose ID WETLA1-46 CHANNEL Pt-M,- Y A L- 0/-(" TbP of But X*EAD mer ib EXCEC D ILIA tft- G?eo?NO ELF-VA*nor%,l ZOF z • a 321pG ??/// N CN oea ? Ex?srro? guLK?lEa? , 040) x,M ES I PS, 1o4 OEWT7DA NAD 4RMPc-MAD I fAC ZeS MAY 12, zoo8 ED DREDG IAG - UADW ICK Acj?ES I-'m- i NTRI'??AsTAt? WftMWAY h Do qkLD G. 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