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HomeMy WebLinkAbout20081094 Ver 1_CAMA Application_20080711mow, f? ? J NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary July 8, 2008 MEMORANDUM: TO: Ms. Cyndi Karoly D ?kV7 Environmental Biological Supervisor Division of Water Quality JUL j 1 2008 WATER UENR. FROM: Doug Huggett WETLANDS AND STDRMNIATER BRANCH Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Keystone Contractors, Inc-Queens Harbor POA Project Location: Onslow County, 512 Harbor View Rd., adjacent to Queens Creek Proposed Project: Proposes to install a pier and platform with stepdown. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 2, 2008. If you have any questions regarding the proposed project, please contact Jonathan Howell at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 400 Commerce Avenue, M d reDATE , North 6ardnna 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Major Permit Fee Schedule Circle One DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100%($250) 0% ($0) 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100%($400) 0%($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B. C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100%($250) 0% ($0) 111(B). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $400 100%($400) 0%($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60%($240) 40%($160) I11(D), If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60%($240) 40%($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60%($285) 40%($190) Check # Project Amount Name T ? -04 NJ C l?k DIVISION OF COASTAL M_X AGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Keystone Contractors Inc. - Queens Harbor POA 2. LOCATION OF PROJECT SITE: 512 Harbor View Road, adjacent to Queens Creek, Onslow County Photo Index - 2006: 35-6503 grid (Q-18) 2000: 35-8452 grid (P/Q-18) State Plane Coordinates - X: 2586679.679 Y: 496781.534 Rover # L06181.6A LAT 35°05'56.65980 LON 77'002'1.8.26704 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/18/08 Was Applicant Present -No 5. PROCESSING PROCEDURE: Application Received - CC 7/2/08 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Onslow County Land Classification From LUP - Community/Conservation (B) AEC(s) Involved: ES/PTA/EW/CW (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - None (F) Type of Structures: Existing - Covered Shelter, Driveway, Parking Planned - Pier and Platform (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: nu?nrFn FTLTARD OTHER (A) Open Water N/A N/A 1122 ft (Incorporated) (B) Section 404 Wetlands N/A N/A 300 ft2 (Shaded) (C) Coastal Wetland N/A N/A 150 ft2 (Shaded) (D) Highground N/A N/A 192 ft2 (Shaded) (D) Total Area Disturbed: 1764 W (E) Primary Nursery Area: Yes (F) Water Classification: SA-HQW Open: Closed 8. PROJECT SUMMARY: The applicant is proposing to install a pier and platform with stepdown. Keystone Contractors Inc. Page 02 9. Narrative Description: The subject property is 512 Harbor View Road in Onslow County. The project site is found by traveling west on Hwy. 24 to the Town of Swansboro. Take a Left on Queens Creek Rd. Travel .6 miles and turn right onto Jones Rd. Travel .45 miles down Jones Road and take a left on 512 Harbor View Road. The subject property is located at the end of the road on the cul-de-sac. The subject property is one parcel totaling .50 acres bordering Queens Creek and averages 8' in elevation above NHW. The parcel is the common property for the Queens Harbor Subdivision. There are currently 2 parking spaces, a paved driveway, deck, boardwalk, and covered shelter on the property. There are Juncus Roemerianus and Spartina alterniflora colonized along the shoreline transitioning to ACOE Section 404 Wetlands. The high-round consists of yardgrass and ornamental landscaping. The property has 94' of shoreline. The waterbody is approximately 1500' across at this location. The Division of Water Quality classifies this area as SA-HQW waters. This area is a Primary Nursery Area. Queens Creek is closed to the taking of shellfish. The Onslow County Land Use Plan classifies this area Community on the highground and Conservation within the AEC's. 10. Project Description: The applicant is proposing to construct a 224' X 6' community pier with a 16' X 16' platform and a 4' X 16' dropdown to launch a kayak. The pier will cross 32' of highground, 50' of ACOE Section 404 Wetlands, 25' of Coastal Marsh, and 117' of open water before reaching the "T" platform. The water depths at the waterward end of the proposed platform are -2.6' NLW. The pier will encroach 135' into Queens Creek from the marsh edge and the waterbody measures 1500' across. There are no docking facilities within 400' of the proposed structure. There are shellfish in the waterbody, but none at the location of the proposed docking facility. No SAV was observed in the project area. 11. Anticipated Impacts: The pier would shade 192 square feet of highground, 150 square feet of Coastal Wetlands, 300 square feet of ACOE Section 404 Wetlands, and usurp 1122 square feet of Public Trust Waters. There would be a minor increase in turbidity while setting pilings. Jonathan Howell Morehead City July 7, 2008 OCM ??IP-1 APPLICATION for Major Development Permit past revised 12127106) - i i North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information. Business Name Project Name (if applicable) Keystone Contractors Inc. Queens Harbor POA '._ Applicant 1: First Name MI Last Name _•, .:,' " Barden Lanier s Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1237 Jacksonville North Carolina ZIP Country Phone No. FAX No. 28541 USA 910 - 455 - 3889 ext. 910 - 455 - 9941 Street Address (if different from above) City State ZIP 239 New Bridge Street Jacksonville North Carolina 28540- Email Ianiergurveyingbl@earthlink.net 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone No. 2 - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow 512 Harbor View Road Private Subdivision Name City State Zip Queens Harbor Swansboro NC 28584- Phone No. Lot No. (s) (if many, attach additional page with list) 910 - 455 - 3889 ext. POA, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Queens Creek 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 BOGUE 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. Onslow County 4, Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 94.04 ft 22123 Sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.51 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0' to 17' ®NHW or ®NWL e. Vegetation on tract Marshland, Wetland, Natural Vegetation, Planted Landscaping, and Grass Sod f. Man-made features and uses now on tract Covered 14'x 24' Shelter, Boardwalk, Deck, a Paved Driveway, and Two Parking Spaces g. Identify and describe the existing land uses adiacent to the proposed project site. Farm Land on the West Side Vacant on the East Side h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-15 (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? <Form continues on next page> -i. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ?Yes ONO ?NA community, public system, etc.) (ii) If yes, how many acres? Public Water Supply System, ONWASA o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will additional utilities be Section I consists of 20 lots and a POA area and recorded installed for this upland development? in Map Book 53 Page 230 recorded August 9, 2007 at ?Yes ?No ®NA the Onslow County Registry of Deeds March 3, 2008 Date Queens Harbor Section I POA Lot Pier and Platform Project Name Keystone Contractors Inc. / Barden Lanier Appli e _ Applicant Signature Form DCM MP-3 UPLAND DEVELOPMENT - (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed, One Community Pier c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) if applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ?Yes ?No ®NA (ii) If yes, list the date submitted: 5/11/2005 Onslo-2005-311 b. Number of lots or parcels. None New- (existing 107 lot subdivision with 2 POA lots) d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. NIA f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. NIA g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built-upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? NONE ?Yes ?No UNA I. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0 (ii) If yes, list the date submitted: June 23, 2005 Permit No. SW8 050504 j. Describe proposed method of sewage disposal. N/A k. Have the facilities described in Item (i) received state or local approval? ?Yes ?No UNA If yes, attach appropriate documentation. 1. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "wash down" and residential discharges). ?Yes ®No ?NA None/ No direct discharge into any surface water. If yes, attach appropriate documentation. ...... .... _ _. Major Development Permit M. (i) Are there wetlands on the site? NYes ONo (ii) Are there coastal wetlands on the site? NYes ONo m If es to either i or a above, has a delineation been conducted. NYes DNo - (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NONE _ f o. Describe existing drinking water supply source. ONWASA p. Describe existing storm water management or treatment systems. Sheet Flow Over Grass, Landscape and Natural Vegetation 5. Activities and Impacts a. Will the project be for commercial, public, or private use? DCommercial DPublic/Government NPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Day dock for covered shelter/pavilion. Pier platform for the recreation and enjoyment of property owners. Kyack, skiff and canoe launch, Day Dock Only. 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. Pile Driving, Pile Driving Equipment, Normal Carpentry Tools (saws, hammers, etc.) Equipment will be stored on site. d. List all development activities you propose. Construction of a 16'x 16' Platform, a 4'x 6' Step-down Platform and 224' of a 6' Pier that extend into the water of Queens Creek. e. Are the proposed activities maintenance of an existing project, new work, or both? NEW f. What is the approximate total disturbed land area resulting from the proposed project? +/-564 NSq.Ft or DAcres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes NNo DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet Flow Over Planted and Natural Vegetation L Will wastewater or stormwater be discharged into a wetland? DYes NNo DNA If yes, will this discharged water be of the same salinity as the receiving water? DYes ?No NNA j. Is there any mitigation proposed? DYes NNo DNA If yes, attach a mitigation proposal. <Form continues on backer Major Development Permit - 6. Additional Information 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) - (i) 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. 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 KEYSTONE CONTRACTORS INC. Phone No. (910) 455-3889 Address 239 NEW BRIDGE ST.,JACKSONVILLE NC 28540 Name BESSIE CURTIS AND SOPHIA NEWMAN Phone No. (910) 326-6276 Address PO BOX 1593, SWANSBORO, NORTHCAROLINA 28584 Name CLIFTON V. RHODES JR. Phone No. (910) 326-4564 Address 370 QUEENS CREEK ROAD, SWANSBORO, NC 28584 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Water Supply-NCDEH- issued 12-7-05- DEH Serlal # 0500892 Stormwater- NC DWQ- 06/23/05- Permit No. SW8 050504 U.S Corps of Engineers- 3122/05- Notification of Jurisdictional Erosion and Sedimentaion Control Plan Approval- NCDENR Determination- NO. 200500216 Land Quality- May 11, 2005 - project ID Onslo-2005-311 NCDOT- Encroachment Agreement- SR 1510 & 1549 7/27/06 NPDES General Stormwater Permit NCG01000 (Construction Ref. E-67-05-060 and Driveway Permit NO. 0-151 - 6/30/06 Activities) 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. 7. 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 the conditions and restrictions contained in the permit. 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. Date ?' Print Name GARDEN LANIER Signature,/Y JL?I Please indicate application attachments pertaining to your proposed project. QDCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ODCM MP-4 Structures Information F,3rm 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 that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS []This section not applicable a. (i) Is the docking facility/marina: []Commercial ?Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 224 feet (iv) Width 6 ft (v) Floating ?Yes ®No e. (i) Are Platforms included? ®Yes ?No If yes: (Ii) Number 2 (iii) Length 16 foot and 16 foot (iv) Width 16 foot and 4 foot (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 0 (ii) Number of slips existing 0 I. Check the proposed type of siting: [] Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 20' and less b. (i) Will the facility be open to the general public? ?Yes ®No d. (i) Are Finger Piers included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (1) Are Boatlifts Included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ? Dockage ("wet slips) only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ® Other, please describe: Small Boats skiffs kayaks and/or canoe launch j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Small Boats. skiffs, kayaks and canoe launch 1. (1) Will the facility be open to the general public? ?Yes ®No M. (i) Will the facility have tie pilings? ?Yes SNo (ii) If yes number of tie pilings? 2.. DOCKING FACILITY/MARINA OPERATIONS ?This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: Location: N/A ? Showers ? Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A C. Describe the disposal of solid waste, fish offal and trash. ONSITE TRASH CANS d. How will overboard discharge of sewage from boats be controlled? NO DISCHARGE ALLOWED e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 0 (ii) Give the location and number of "Pumpout Available" signs proposed. 0 I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint,-sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live-aboard dockage? NO OVERNIGHT DOCKING ALLOWED k. Describe design measures that promote boat basin flushing? N/A 1. If this project is an expansion of an existing marina, what types of services are currently provided? NIA m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes ?No n. i> the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ONO o. Is the marina/docking facility proposed within or adjacent to 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 150 ?SAV ?SB OWL 294 ?None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section riot applicable a. Is the structure(s): []Commercial ?Public/Government ?Private/Community c• Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL 4. Proximity of structure(s) to adjacent riparian property lines $0 feet Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1500 feet e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 1200 FEET +/- d. Water depth at waterward end of structure at NLW or NWL 2.5 NLW 8. OTHER ®This section not applicable a. Give complete description: N/A MARCH 3, 2008 Date Queens Harbor Section I POA Lot Pier and Platform Project Name Keystone Contractor's Inc. / Barden Lanier Applicant ma 4plicant Signature KEYSTONE CONTRACTORS INC. 512 HARBOR VIEW ROAD QUEENS HARBOR PROPERTY OWNERS ASSOCIATION SWANSBORO, NC 28584 CAMA PERMIT NARRATIVE .Keystone Contractors Inc. proposes to build a 6' Wide, 224 Linear Feet Pier, a 16' x 16' Platform, and a 16' x 4' Step-down Platfonn. The Pier and Platform will be used for the recreation of the residents of Queens Harbor Subdivision. The use will be limited to sightseeing, fishing, crabbing, and the launching of Canoes and Kayaks into Queens Creek. The Day Pier will be used for the docking of Boats, 20' or less and Skiffs. Tlie pier will be 6' wide and constructed on 6" Marine Graded Pressure Treated Pilings that will be constructed with a minimum of 8' bury below the earth surface and will be built on a 6' x 8' grid system according to the plans. The platform will be 16' x 16' wide and constructed on 6" Marine Grade Pressure Treated Pilings that will be constructed with a minimum of 8' bury below the Earth surface and will be built on an 8' x 8' grid system. The 4' x 6' Step-down Platforn will be constructed on 6" Marine Grade Pressure Treated Pilings that will be constructed with a minimum of 8' bury below the Earth surface and will be built on a 4' x 8' grid system. The cross sections of the platform and pier were designed by Stillwater Engineering Inc. 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Ark-Ylx k-,U nrO kJr c,l`IV11?.Gr??7 WILMINGTON DISTRICT Action Id. 200500216 County: Ouslow U.S.G.S. Quad: Hubert NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Kevstone Contractors. Inc. Applicant: Lanier Surveying Address: P.O. Box 237 239 New Bridge Street Jacksonville. NC 28541 Jacksonville, NC 28540 Telephone No.: 910-455-3889 Property description: Size (acres) 58.26 Nearest Town Hubert Nearest Waterway Queens Creek River Basin White Oak USGS HUC 03020301 Coordinates N 34 41.48 W 77 10.15 Location description The property is located just south of the intersection of Jones Road and Camp Queen Road south of Hubert, Onslow County. Indicate 11'lllch of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Arrny (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Y There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide aft accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 5/18/2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404, of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years fi-om the date of this notification. This determination covers the isolated wetland area located just south and outside the road right of way at the intersection of Jones Road and Camp Queen Road. This area oil the final plat is labeled isolated wetlands and remains under the jurisdiction of the NCDENR-Division of Water Quality. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City at 252-808-2808 to determine their requirements. Page 1 0 f 2 YALLIU11 It-). LVVJUUL10 Placement of dredged or fill material within waters of the US and/or Netlands without a Department of the Army pernlit may constitute a violation of Section 301 of the Clean Water Act (33 USC y 131 1). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611. Basis For Determination: The subject area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to Queens Creek, a navigable water of the US. Remarks: The site was visited during two separate site visits; November 23, 2004 and December 6, 2004. During, tile November 23 site visit the line needed to be adjusted as you approach the southern boundary near the tidal portion of Queens Creek. The December' 6 2004 visit verified those changes, which appears to be reflected on the final wetlands delineation map. The wetlands pocket lust outside the road right of way on the north side of the property was considered to be isolated. Corps Regulatory Official: Date 5/17/2005 Expiration Date 5/17/2010 Corps Regulatory Official (Initial): 13tJ? FOR OFFICE USE ONLY: i • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 O? WG ?7 D ? William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 23, 2005 Mr. B. Barden Lanier, President Keystone Contractors, Inc. 239 New Bridge Street Jacksonville, NC 28540 Subject: Stormwater Permit No. SW8 050504 Queens Harbor Subdivision Low Density Subdivision with a Curb Outlet System. Onslow County Dear Mr. Lanier: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Queens Harbor Subdivision on June 21, 2005. Staff review of the plans and specifications has determined that the pro11'ect, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H 1000. We are forwarding Permit No. SW8 050504, dated June 23, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit: This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O: Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910) 796-7215. Sincere Edward Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWAT\PERMIT\050504.jun05 cc: Howard Resnik, P.E., Coastal Site Design Onslow County Building Inspections NCDOT District Engineer Division of Coastal Management Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6740 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us One P'?WhCv-olina An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper WAUVIly STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT WITH A CURB OUTLET SYSTEM In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Barden Lanier & Keystone Contractors, Inc. Queens Harbor Subdivision Camp Queen Road & Jones Road, Swansboro, Onslow County FOR THE construction, operation and maintenance of a 25% low density subdivision with a curb outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') and the approved stormt and specifications, and other supporting data as attached and on file with and approv ed by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. DESIGN STANDARDS 1 • The project is permitted for 107 lots, each limited to a maximum amount of built- upon area, as shown in Section 11.11 of this permit, as defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may reduce the built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the a roved plan must be maintained at a minimum of 100' long, maintain 5:1 V) side slopes or flatter, have a longitudinal slope no steeper than 5F. /o, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 4. No pi ing shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways provide access to lots. to 5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches; must be vegetated with side slopes no steeper than 3:1 (H:V). 6. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. Page 2 of 6 II. SCHEDULE OF COMPLIANCE 1. Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed in their entiret , vegetated, and be operational for their intended use prior to the construction oNny built-upon surface, per the approved plans 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated 'conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include; a. Inspections b. Sediment removal. 'r C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas., e. Maintenance of side slopes in accordance with approved'plarit bad A ,aw, V ` specifications, f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, piping, or altering any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner, provided that the permittee has complied with the requirements of Section 11.12 of this permit. 7. The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project. 8. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 10. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Page 3 of 6 11. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050504, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants^to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered `or rescinde l „ without the express written consent of the State of North Carolina, °- ` ?'' Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built-upon area per lot is as listed below in square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Lots 1-9, 12-21, and 55-107 @40P0 ft2; Lots 10, 11, 22, 23, and 49-54 @4,100 ft ; Lots 24-2p @4,300 ft , Lots 30-35, 46-48 @4,600 ft2; and Lots 36-45 @6,400 ft . g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the Mean High Water line of surface waters. k. All roof drains shall terminate at least•30' from the Mean High Water mark. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 12. All roof drains must terminate at least 30' from the Mean High Water mark. 13. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. Page 4 of 6 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. Prior to transfer of ownership, the swales must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. i 16. The final plats for the project will be recorded showing all required Swale easements and common areas, in accordance with the approved plans r ? , III. GENERAL CONDITIONS w* r'C diG 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.60. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 21-1.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit transfer request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with all the terms and conditions of this permit until the Division approves the permit transfer. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances imposed by other government agencies (local, state and federal), which have jurisdiction. If any of those permits or approvals results in revisions to the plans, a permit modification must be submitted. 7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and it's components. 8. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Page 5 of 6 Permit issued this the 23rd day of June 2005. NORTH - ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ----_`'-'L?-- -----% ---------------------- Alan W. Klimek, P.E., Director"' Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 6 11 J _ 1 II/ L 1 T5 cl IW ? r - Wo -. z - a 0 L) `? 7 ~QM z0 m BS_ O :i 0 , CL io I j I? 1 , 1 N I I ( y Q i V m Q I W Q z - i 00 Z T - <Z W 0 0 i J W r N I 1 1 , U31d N1030 1 ,o-t-i3 0+0 ois i? 1 O W h cD 01678 T i O < I? cD g W Q I W d J LIJ ° 9 N l i g ,9l u lJ vv, Q z z vii Q O 0 Q F WIn w 30tQ- z (n W Ir LLJ o3w C>l~ N 1(? Q ? Q N W ? ? Z 0 a 04i m 0? W _ 4-4 ? F-O w 00 g z°r? ?? Q C-) U) C) 30 o?o? w? ???N?y5 z J zW OOZ j? (W ?? ' ?1 W n y' QWOFOI=il0z-j< W o °z nom. <- 4 a u x_ z U E.' <I1 p Q w II II toW II ^?..I ^ 0 ' 1--I a m z ? W Q V) 11 11? 3vv z U) LLJ z a? 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