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HomeMy WebLinkAbout19880033 Ver 1_COMPLETE FILE_19880101DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerriing an application,for State Federal CAMA Permit(s) f A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. T s office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. - Such action to process the certification has been initiated. Proposed Certification will be acted on or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. G No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. F VI M TY IRONMENTAL MANAGEMENT S ONO ENV .:a / .ttife: .. ACTION ADD FILE ` DFt.:A:l,..,..,', P,,:#,.D Ft:tRMf-t'T• i•tRDFt:;As•iA NEXT RCD 0048!!* ACTION :::: ` ADD , ENTER TH#::. DATA i TO BE . STORED #" RD DATA i i"'#' OJT,': 0{f4 t:! #"'#'':t»J: CHANDLER. BEN . COUNTY: WASHINGTON REGION: 07 ASSIGNED .T0 : W..fM r,JQ-Z- JOINT NOTICE: ,':t 'T'YPES CERTIFICATION RECOMMEN D DATES YYMMDD CAMA ONLY: GC: BULKHEADS DENY: INITIA L REPORT: D F: C: f^i #` A : Y :i E:: j: P : :> WPf? E Q : N HOLD: FINAL REPORT: 8809310) RECEIVING STREAM: A#... B#::.1 t f i #-': #... #::. SOUND CLASS: 1.:: BASIN: PA S COMMENTS: SITE LOCATED OFF S 1 343 NEAR ROPER EXISTING SFD ON .6 ACRE LOT' PROPOSAL TO CONSTRUCT 20 LF OF WOODEN BULKHEAD ( ONE ACRE DEV COPIES: (,(.. RD-..t.:i::.i' 1 '',Al.»°°i"l.i.l.-l.- ......Jl. M i 1. 2. 3. 4. OFFICE OF COASTAL MANAGEMENT Lat: 35° 516' 12" N FIELD INVESTIGATION REPORT Long: 76° 38' b" W APPLICANT'S NAME *Ben Qlandler LOCATION OF PROJECT SITE Washington County, Albemarle Beach, Albemarle Sound photo # 12-18-84, 102-926, D-1 INVESTIGATION TYPE: DREDGE & FILL X INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 8-2-88 9-2-88 (B) WAS APPLICANT PRESENT Yes Yes 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 9-9-88 OFFICE Washington 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Washington county LAND CLASSIFICATION FROM LUP Conservation DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS PUBLIC TRUST WATERS X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES NO X (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING Septic tank PLANNED None (F) TYPE OF STRUCTURES: EXISTING Bulkhead, single family dwelling PLANNED Bulkhead (G) ESTIMATED ANNUAL RATE OF EROSION None SOURCE Property presently is bulkheaded 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS None (B) NON-VEGETATED WETLANDS: (C) OTHER: Open water (D)'TOTAL AREA DISTURBED: AREA DREDGED FILLED OTHER N/A N/T_ + 148 sq. ft. + 148 sq.ft. CAMA X 8. PROJECT SUMMARY: The applicant is proposing to construct 28' of bulkhead which averages 5.3' waterward of an existing bulkhead on Albemarle Sound. or, Environmental setting r1he applicant owns a 125' by 220' lot on the Albemarle Sound at Albemarle Beach in Washington County. Located on the lot is a single family dwelling which is served by a septic tank sewage disposal system. The lot is bulkheaded; therefore, no erosion is occurring. The bulkhead construction that has occurred has been authorized by several General Permits; the last section to be authorized was completed in 1986. No wetland vegetation occurs at the project site. The area landward of the bulkhead is vegetated by various lawn grasses. Project Proposal The applicant is proposing to construct a 28' long bulkhead which will average 5.3' beyond the NWL. The bulkhead will be constructed waterward of an existing bulkhead and will be positioned so as to eliminate a 90 degree corner which was created by previous bulkhead construction. The reason the applicant is proposing this construction is due to the fact that the DCM recently issued a CAMA Major Development Permit and a Dredge and Pill Permit to Mr. Garland O'Brien, the applicant's adjacent property owner to the east. Mr. O'Brien was issued a permit to connect to the applicant's bulkhead at a slant angle. (See attached plat #3) The applicant appealed the issuance of Mr. O'Brien's permit to the CRC, however, the chairman of the CRC.decided not to hear the appeal. The applicant has contended that if Mr. O'Brien connects to his bulkhead at the slant, waves will roll down Mr. O'Brien's bulkhead and damage his bulkhead. The applicant is hoping that if he can eliminate a 90 degree corner then the wave action on the slant will not be as severe against his bulkhead. Environmental impact If the applicant's project is permitted as proposed + 148 sq.ft. of open water area within the Albemarle Sound will be filled. No wetland vegetation will be excavated or filled. David L. Gossett - Washington Office - 14 September 1988 o? vppp c Noc lGP P? CJ? gal ?` 1ll P11? Goers O S. 1`1G• a?ti?l ti9 e??e S • 113,ti dE`Ga??oo ?c Cj. Get ? ?• ?,e? ??a1?3,ti15 e??`a?eal ,? a S t k ?y1 GO • ???1 cI`oes `? of e?e?c ti 1?6,1ti Geatio Q of Ock`e 199 ?sGOS. f Q ao`1 ?a?ecs cb°o V,?ab1e ?6?? "ate", V'oe0 a ter` v,co epc ?a?a$eca a G°asta` oF?a?Jc of enc a??c? Vl`s?o?eQac? a CA?'ta G o``SOes epC. es 0 X41 O ,1 aye ` Noc ?a?Ngabo 1p o? ??,e Seo?,o eased atie ac?e9` e??ear ?otG? e?`a ? o? cb o4?r??{`eecs se-c; Gown Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. 1P'LICA?T,• a. Name ?1! L 0914w of- 6R- _ Address R2, Box 11T City 7K'6 Pr--k - State 3 Zip 2_2 9 7y IDay phone 7 73 1 yES Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. Z; LOCATION OF>PR©POS PROJECT.;.. a. Street address or secondary road number RY 2s, Sox /IF b. City, town, community, or landmark tIR EMARLE 8s4p_ -`1Pa c. County W 4S 14 1 NCB 7-0 Al d. Is proposed work within city limits or planning jurisdiction? e. Nam of body of water neare project L•3p`MA-?2L? ? ..3, DESGRIPTION 4 USE OFD PRO,?OSE ? ®'y: ` aT a. Describe.' all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). u LFc 146,Q ? If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new ork, or both? Al?w )Aloes c. Will the project be for community, private, or commerce 1 use? d. Describe the :planned use of the -project. a. Size of entire tract 1 2 _`1 ? , > ?. 2 20 b. Size of individual lot(s) c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 4?_ d. Soil type(s) and texture(s) of tract e. Vegetation on tract f. Man-made features now on tract A19WRr--ti1)6k1eF ZuUm .6a.n g. What is the CAMA Land Use Plan Classifica- tion cif the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural •Other h. How is the tract zoned by local government? AlbAl.f-: i. How are adjacent waters classified? SoLl/yO j. Has a professional archaeological survey been carried out for the tract? NO If so, by whom? Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed 1110NG b. Number of lots or parcels &9A-25 c. Density (Give the number of res'dential units and the units per acre.) d. Size of area to be graded or disturbed AYIA e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give die percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement buildings, nor rooftops. g. -List the materials, such as marl, paver stone, asphalt, or concrete o be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division f En- virotimental Management? N i. Describe proposed sewage disposal and/or waste water treatment facilities. DICE V-0- j. Have these facilities rece ved state or local approval? ? k. Describe existin treatment facilities. 1. Describe location and type of discharges to waters of the state (for examplersurface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). ll/o?yy? m. Water supply source o A!T n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor?- ?? rr 6 ?EXCyATION AND: FILL jSCCMx( a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, jU which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated fr below water level in cu is yards c. Type of material d. Does the area to be a cavated include marsh- land, swamps, or other wetlands? e. High ground excavation, in cubic yard f. Dimensions of spoil disposal area - Al -14 g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance?/- If so, where? j. Does the disposal area include any m rshland, swamplland,'or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards o,/-,/ m. Type of fill material SS4 "Z) n. Source of fill material ..4AJ 1 T E o. Will fill material be placed on marsh or other wetlands? MAY-le p. Dimensions of the wetland to be filled 1 -A q. How will excavated or fill material be kept on site and erosion controlled? 8r=ml D .1.C-C14" So n _8SRMU,0J4 Q&A4S ' r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 11174 s. Will wetlands be crossed in transporting equip- ment to the project site?A/-O- If yes, explain the steps that will be taken to lessen en- vironmental impacts. V a. Length of bulkhead or riprap_ 4 { b. Average distance waterward of mean hi ? water or normal water level _ ,.? • .3 c. Shoreline emsiamduring preceding 12 months, in feet 0' d. Type of bulkhead material T 6*7.6O We on, e. Amount of fill, in cubic yards, to be placed below mean high water ? gy?E A As 1- f. Type of fill material I 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 property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in k ink on 8 rh x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing 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 per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the r` oPoseCT roject to the ivision of oastal Mana ement. T Fe applicant must -advise t adjacent Landow rs oft iT p op r un y l sen- ding a copy of the ieerrmmit, a lic to the re i or _ce_rt__e !mai his notif ` ication is eW uire bi G. _13-22 _ Name NiP cam. .? S owkv* W*a4,0Q2 y Address .)?-t !2-a a x 12.0 oA?? /V. 2 2 Z70 NameA X,U4 ©-) 13-e"4,t/ o Address 9 7* 91 _ Ro(?ER. lY 'J?'70 Name Address A list of previous state or federal permits issited for work on the project tract. Include permit numbers, permittee, and issuing ates. 9- 9 3 $lo I A check for $100 made payable to the Depart- ment o Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed 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 further 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 ap- plication and follow-up monitoring of project. , This is the / / day of 4 41!0,u S 77 1959 X - Landowner or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the D.O. Army?orps of Engineers. See the map on ttEe inside front cover for the appropriate DCM office and addresses and phone number. 3 ??-K N 6AD -top 11 lX ZS E046 Bowco cc,T 2 ?s,? Now '/H! NecorD *AePAIR SG A4F ? ? ? .: t 2 ? PRoa?s?D P??c t Gt,AY/ -SAND Cxi*TIK4 ?Ro?ap . LEWL- 4144hoN/Zl0 C ASCF ria - 's Scac? : / y8„: t ALL SEAwoo D CON s'rA va7'1OW pgoeos.ED 8.44KYEAV NORTH MLW ?to?•X (a X IZ, ALOEM4ALE SOvNZ P Ro(? sE?J - Iv' loo/ NAGG?RTy • ib0 C,4ANaLEq Vi' O?BRIAN I I NoKAGit u' way ewcu?a? t? J L/NF ? .I t SWWN UP PLAT P90POSCD idtX.iC?+EAp - NEWT PAGE owE?us ? r+o?e?uE I PNv?av ? I SGA4& : %Z M = So . ?4 _ rKoposE,D IaOLV-Hmb ol W//,/ 28? 2 ?5 ~ AgOtV 'D ovI ?REs?N7` BOLKNEAD C:_KlC SEP6RATIN 4 CHAN Uf A p PRoA?/t7-r SCAC.B • ?4-f.- Z ? PITO PO SE D :. ZOO K HEAD PLAT #? . Z A P S E MA R c6' 845AC f{ [3o a( /t y RT 02 Aug v ??' iio , 19,88 y8 x/11 C . C ?. N?LFJ( R r z 8,Ox ir9 RoA" I N.16, Z7.970. The reason for this diagram is to show th-e bulkhead angle ( ------ ) of Permit #96-88, granted on June 10,1988 to Garland O'Brien whose property ajoins mine. The angle in which Mr. O'Brien's.bulkhead is being built poses a serious threat to my property. Without approval of my proposed bulkhead, severe damage to my property will result from Northeastern storms that occur frequently. Due to the position of my bulkhead at the present time, my property will act as a trough and will catch any and all debris that is floating in the water. :?:lso, I am in danger of losing trees there. In addition to these problems and more importantly, my present bulkhead is bulging 2j feet, splitting and separating and needs replacing now before heavy loss of land fill occurs. PLAT # 3 A7-r=-AZ) • r e Q Mw? to Q N 4c N A ? , • Ot ? P- 8 , Q I 1 L-U -1 ` v ? 2 l ? Q h A A ? Y O A ? ? o `? V i ?. 1 PLYMOUTH ror. n 1A}L 10 11700 I 1 0! 4 F? 73 as Mwidpal a Akp- R k ? L4Q ? o rs. 7 f' Vu c _ s uu I= Lw (! 1 311?n.n.iM? Abawal4 ?. 1 /- A Made ? J 1 f ,? L.Z! LL22 •? 3 IK 1 m llg .swltohl. i r+* :.? 1.3 IIA/ V P to 5 9_ 0 u1.0a h?o3 cx •a I ? ip 5 lv e ? a CAlnt;" Hap. C% L.41 t. 1 11°1 ? •1 V CO SN'PDJP - 140 77 10 0 w A U F O R T C O U N T Y i ROPER Me. »a 1 e 112 8 lu / ' W A M sui c° us ? ' A ? 1177 q IIW 7 .0 LLV a+ 4 fUNCO LAKE O H Y 0 E