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HomeMy WebLinkAbout19880079 Ver 1_COMPLETE FILE_198801011 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA P // A. PERMIT: t(s) f This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This 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 l/ 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. No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) 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. WATER Qyd'gL'I SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT ACTION .. FORMAT ACTION ADD, ENTER DATA, REC . ADDED IS 00521 FRD D ATA PROW: 0 ! y h. 2 r" ` R O& i' ... E M .#. N to , MARY COUNTY : ..? A ''. ,... REGION: is TYPE CERTIFICATION '°:#::.+..:OM.°##::. ND DATE,.`..'.' ? '?`#`##'i"_'S..' 404 PN: 401 REW ISSUE: Y RECEIVED: 881114 CAMA ONLY: GC: BULKHEADS DENY: INITIAL REPORT: DF/CAMW Y SECP, SWPR EQ: 1--! 1"'.3 1 D: FINAL REPORT: 881i23 RECEIVING .. u . ,#"# !... STREAM: •? i.:! .. 4... !..! SO UND CL ASS: (°? BAS IN: PAS COMMENTS: SITE LOCAT ED ON KINGS POINT DR., BRIGANDS BAY }.:! . ' 1 : .#. y:' i.: 4_ t PROPOSAL T O BULKHEAD 70' t.?#.. ESTU ARINE SHORELINE AN .., .. O F :; .. 4i < ONE ACRE DEVELOPED t.:OP:..::., ti;;:•:t 'r',-,lt...•t.:,...Ni 1'':(••!#... t"t ..l...#...,:. xr ;.:;', MEMORANDUM TO: Bill Moore FROM: Robert Abernethy SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT DATE: November 9, 1988 jc T 9d Attached is an application by MARY FLEMING which was received by me on 10/13/88 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. /Yll Enclosures OFFICE OF COASTAL MANAGEMENT Lat:35015145" FIELD INVESTIGATION REPORT Long:75035145" 1. APPLICANT'S NAME MARY FLEMING 2. LOCATION OF PROJECT SITE Lot 284 Kings Point Drive. Briaands I Frisco, Dare Co., man-made canal off Pamlico Sound. Photo ref. 145-390 E-21 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 9/21/88 (B) WAS APPLICANT PRESENT no 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 10/13/88 OFFICE Elizabeth City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare LAND CLASSIFICATION FROM LUP Transition DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP none (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS X PUBLIC TRUST WATERS X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES NO X OTHER (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL E) TYPE OF WASTE WATER TREA none none (F) TYPE OF STRUCTURES: EXISTING none PLANNED none f (G) ESTIMATED ANNUAL RATE OF EROSION -1' SOURCE Field Rep. 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER _Spartina alterniflora 125 sq. ft. J. roemerianus coastal marsh 575 sq. ft. 404 wetlands 700 sq. ft. Sha ON-VEGETATED WETLANDS: ow water habitat 280 (C) OTHER: (D) TOTAL AREA DISTURBED: 1680 sq. ft. 8. PROJECT SUMMARY: Applicant proposes to bulkhead 70' of estuarine shoreline an average of 4' waterward of NWL. Subsequent backfilling will fill 700 sq. ft. of coastal marsh, 700 sq. ft. of 404 wetlands and 280 sq. ft. of shallow water habitat. MARY FLEMING BIO REPORT PAGE 2 SITE REPORT The applicant currently owns lot 284 Kings Point Drive, Brigands Bay subdivision, Frisco, Dare County. The property is adjacent a man-made canal within the Brigands Bay canal system. Lot 285 currently is bulkheaded 4' waterward of NWL. Approximately 125 sq. ft. of Spartina alterniflora coastal marsh abuts this bulkhead on Mary Fleming's lot. A coastal marsh fringe up to 10' wide occurs along the entire waterfront. This fringe is predominantly Juncus roemerianus and Iva frutescens. Further inland, the coastal marsh grades into a 10' wide fringe of 404 wetlands dominated by Baccarus halimifolia, Juncus roemerianus, Spartina patens, Hydrocytle sp. and Ipomea sp. The upland portion of the lot is dominated by the following species: -foxtail, Setaria sp.; goldenrod Solodago sp.; live oak, uercus virginiana; blackberry Rubus sp.; Spartina patens; grape, Vitus sp.; Baccarus halimifolia; persimmon, Diospyros virginiana; red cedar Juniperus virginiana; sumac, Rhus sp.; Smilax sp.; Virginia creeper, Parthenocissus quinequefolia; and lawn grasses.. The applicant proposes, to bulkhead and backfill 70' of estuarine shoreline an average of 4' waterward of NWL. ANTICIPATED IMPACTS The project will result in the filling of 280 sq. ft. of shallow water habitat, 700 sq. ft. of coastal marsh, and 700 sq. ft. of 404 wetlands. CAMA REVIEW This project is consistent with the transition classification of the Dare LUP. Submitted by: Robert Abernethy Date: November 7. 1988 Please type or print. Carefully describe all an- y SE? 1084. Describe the planned use of the project. ticipated development activities, including truc C tion, excavation, filling, paving, land clearing, and stormwater control. If the requested informatio not relevant to your project, write N/A (not,ap- plicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICAN'T' a. Name ? O Address ICE Z, `' 0, e, !5)X City State, li6l C?- Zip ? 79 ?/_ Day ph?t e c7 9,;2 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. _/ J7 9 r_ kep I O &;Q IA2 J 71-6- 2 LOCATION OF PROPOSED PROJECT i a. Street address or secondary road number ?791i' ?Y/mss % b. city, town, community, br landmark ?l C S c. Cou tyd. Is proposed work withi city limits or planning jurisdiction? y? e. N?jp?e of body of water nearest project 1y4?1?1co Sou.Ud 3 DESCRIPTION Alm PLANNED" USE OF PROPOSED PROJECT , a. Describe all development activities you propose (for example, building'a home, motel, marina, bulkhead, or pier). 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 work, or both? !y 0 GJ c. Will the project be for community, private, or commercial use? z,. A 4 LAND 'AND "'W'A'FER , CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) 7l2 X / c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract ?-w e. Vegetation on tract f. Man-made features now on tract g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? If so, by whom? 5 UPLAND DEVELOPMENT Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed 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 the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. M. n. h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe, existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for examplepsurface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). Water supply source 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? 6 EXCAVATION AND FILL` INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Length Width Depth 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 from below water level in cubic yards c. Type of material d. Does the area to be excavated include marsh- land, swamps, or other wetlands? e. High ground excavation, in cubic yards f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? i. J. k. m n. o. P. q• r. S. If not, attach a letter granting, permission from the owner. Will a disposal area be available for future maintenance?? If so, where? Does the disposal area include any marshland, swamplland,'or water areas? Will the fill material be placed below mean high water? Amount of fill in cubic yards Type of fill material Source of fill material Will fill material be placed on marsh or other wetlands? Dimensions of the wetland to be filled How will excavated or fill material be kept on site and erosion controlled? What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Will wetlands be crossed in transporting equip- ment to the project site? If yes, explain the steps that will be taken to lessen en- vironmental impacts. 7:; SHORELINE STABILIZATION a. Length of bulkhead or riprap b. Average distance waterward of mean ieh water or normal water level _ 516_.:Y -- c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material T e. Amount of fill, in cubic yards to be placed below mean high water f. Type of fill material 17, a t e? .uEf n 0)11 q?.v?? GGT ll£bI?TD ?ullk?f?gd ov DoT ev , ,V ? 2 In addition to the completed application form, following items must be submitted: ,? roa A list of previous state or federal permits issued T or work on the project tract. Include permit ,,400 A umbers, permittee, and issuing dates. 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 black ink on 8 Yz 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 proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113.229(d). Name _ Address Name. Address Name _ Address A check for $100 made payable to the Depart- ment of 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). 9 CER'TIF CATION AND M MISJ SION TO ENTERr ON LAND Any permit issued in response to this application will allow only the development described i'k 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 i he .2 17 day or f Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. 3 v 7. 1 ;. ??? • ?' ?v ?It f JO f •? 'N ? . t ` blY? d H 1.6 I 1? If? G h? y `` ,i?0 b • nl C? 16' h 9 It `J?s `1 Zuq ,???, ? • f. ?? 9 ,jbt X1'.1 t•. 1? la t ( . A5' 14 19 ?, v) 6 t AA jr r.Q •? ?q, •s}7 ?b ` \AH Z 2 274 1A\ h6'? .? 1 \ ?o ?1•'n \.?j. \f'A n \HQ • uv \? ?2?, d ?',M ! t1? '• ,,?,• IC 1 0 \ N ?YJ ?M '1 ?iA 1 \5? i.l \a?E' H?1 \r1?\ lye ?6. A. 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