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HomeMy WebLinkAbout19880221 Ver 1_COMPLETE FILE_19880101 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments-concernIrkg an application for State Federal CAMA Permit(s) from f A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. 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. CERTIFI ATION 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. 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 construct ion. areas. rl WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT r r DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM DATE : 011ej, TO: Bill Mills Operations Branch FROM: James H. Gregson? Wilmington R . io_,,1/Office THROUGH: Donald Saf r Wilmington Re Tonal Office u 1:i(U?q 1"` AT i /1 }.. - 1 ,- it 1 1 ?? ^ SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill I? `ts &na/rc c a PROJECT DESCRIPTION: c°a-r•? r/ Opp" ADJACENT WATER BODY:, CLASSIFICATION:$R Status : 005, O The project has been reviewed to determine impacts to water quality. The appropriate comments below have been checked: (?) The project will will not equire a 401 Water Quality Certification. ( ) The project complies with the General 401 Water Quality Certification # for (X) The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction area to exceed .95 NTU. This office has no objection to the project as proposed. JHG:.mb cc: DCM - A&RT 57`00-", ?R CF, WiRO 51A7Z o W > J •? JINr ?t- State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 [worth Salisbury Street • Raleigh, North Carolina 27611 James G. Mar in, Governor David VC! Owens S. Thomas Rhodes, Secretary Director Wilmington Regional Office 7225 Wrightsville Avenue Wilmington, NC 28403 (919) 256-4161 September 15, 1988 Mr. Ralph S. Pennington Post Office Box 479 Wilmington, NC 28402 Dear Mr. Pennington: The Division of Coastal Management hereby acknowledges receipt of your application for state approval for building a pier. With the information that you presented in response to my letter of April 22, 1988 and the additional information which was finalized on September 8, 1988, the application is now considered adequate for processing at this time. The projected deadline for making a decision is November 22, 1988. An additional 75-day review period may be necessary and if so, you will be advised of the extension and the new deadline. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the site of your proposed project. You should post this card at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this Notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. P.O. Pox 27687, Raleigh, Norm Carolina 27611.7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer % I Mr. Ralph S. Pennington September 15, 1988 Page TWO Based on the modifications which you have agreed to, the project now meets the requirements for expedited procedures. Therefore, I am returning to you the check for $100.00 and ask that you resubmit a check made payable to NCNRCD for the amount of $25.00. Please contact. me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, C L C. Robert Stroud, Jr.. Field Representative III CRS/sfc Enclosure DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 2. EXPEDITE Applicant's name Ralph Pennington Agent for Clark Connell et. al. Location of project site Sunrise Lane off Masonboro Loop Road (SR 1492) on Myrtle Grove Sound - New Hanover County - New Photo 17-215 Grids F, G, H-21 3. Investigation type: Dredge & Fill NO CAMA YES 4. Investigative procedure: (A) Dates of site visit 9/6/88 9/8/88 (B) Was applicant present YES YES 5. Processing procedure: Application received complete 9/8/88 Office WiRO 6. Site description: (A) Local Land Use Plan Wilmington - New Hanover Land Classification from LUP Conservation Development constraints identified in LUP more for projects of this nature (B) AEC(s) involved: Ocean Hazard Estuarine Shoreline X Coastal Wetlands X Public Trust Waters X Estuarine Waters X Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing Septic Tank Planned n/a (F) Type of structures: Existing Residence and art buildings Planned Pier (G) Estimated annual rate of erosion n/a Source 7. Habitat description: AREA Dredged Filled Other(Shaded by pier) (A) Vegetated wetlands: Spartina Alterniflora -crossed by pier (B) Non-vegetated wetlands: open water -crossed by pier (C) Other: (D) Total Area Disturbed: approx. 3420 s.f. approx. 1492 s.f. approx. 491 s.f. 8. Project Summary The applicants propose to construct a pier to provide simple riparian boating access for their property. Pennington Page Two 9. PROJECT DESCRIPTION The project will begin at the upper wetland limit, of the applicant's property. There is an existing canal which has been dug more or less down the extended property lines of the applicants and the property owners to the north. South of this canal area is a large bay of marsh vegetated predominantly with smooth cordgrass (Spartina alterniflora). This marsh is approximately 550' wide in the project area. At the waterward side of the marsh bay the shallow waters of Myrtle Grove Sound begin. The width of the sound from marsh to marsh at this location is approximately 2000'. Within the project area low water depths range from -1/2' to -1'. These waters are classified as SA and are closed to the taking of shellfish. The site is also a designated primary nursery area. The applicant proposes to construct a pier with a platform at the end. The pier will be approximately 715' long x 6' wide. The platform will be approximately 14' x 14'. The alignment of the pier will follow the channel until it nears the end and then will turn slightly to the southeast. 10. ANTICIPACTED IMPACTS As proposed, the pier will not interfere with the access of either riparian neighbors. It does npt exceed the one-third the marsh to marsh distance across the water body. No other significant adverse impacts are anticipated. Submitted By:C. Robert Stroud, Jr. Date: September 14, 1988 Office: Wilmington 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. 1 APPLICANT " a. b Name Ralph S. Pennington C. Elevation of tract above mean sea level or Na- Address P.O. Box 479 City Wi lmi n_gtnn State NC Zip 28402 Day phone 919 762-2421 Landowner or xx_ Authorized agent attorngy Project name (if any) none c. If the applicant is not the landowner, also give the owner's name and address. Thomas Clark Connell Peggy Clark Connell 2" LOCATIW'OF PROPOSED PROJECT w a. Street address or secondary road number Route 5 Box 394-A b. City, town, community, or landmark Wilmington, North Carolina c. County New Hanover d. Is proposed work within city limits or planning jurisdiction? no e. Name of body of water nearest project .Masonboro Sound Atlantic Ocean A- 3;. DE4R'PTI® PLNd ED aUSE ® O ,OS:ED :PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Build a pier per enclosed clans across marsh If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance o °°E isting project, new work, or both? .`^? d. Describe the planned use of the project. use pier to access Masonboro Sound across marsh ar.d dock boat at iffier 4 LAND .AND AVER. x CHA CTIST}ICS a. Size of entire tract 2.1 acres (approx. ) b. Size of individual lot(s) none tional Geodetic Vertical Datum n/a d. Soil type(s) and texture(s) of tract n/a 9. Vegetation on tract marsh (eastern 112) high wooded (western 112) Man-made features now on tract mobil e home work shed 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? no If so, by whom? 5 UPLAND DEV3ELOPMENTS, , Complete this section if the project includes any upland development. None a. Type and number of buildings, facilities, or structures proposed n/a b. Number of lots or parcels n/a c. Density (Give the number of residential units and the units per acre.) n /a d. Size of area to be graded or disturbed 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 sedimen- ion control plan at least 30 days before land ,T urbing activity begins. If applicable, has a mentation and erosion control plan been mitted to the Division of Land Resources? Will the project be for community, private, gzt.f.a n/a commercial use? f. Giv ie percentage of the tract within 75 feet private J g. mil 'TA aJ IA? I On high water to be covered by im- r 1; Oft i EGO'+??? i??tineable surfaces, such as pavement, buildings, or rooftops. n /a 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 black ink on 8 V2 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- sonnet 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 Mrs. Anne P. Schlinke Address 462 Robert E. Lee Dri Wilmington, NC 28403 Name Mr. Lowell R. Mason Address Route 5 Box 387 Sunrise Lane Wi 1 mi ngton , NC 28403 Name Mr. Paul E. Gregory & Mrs.,. M&ift"h •r.s,x , Address aewa Dri 4?;•,PP,. i m i n g o n A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. none 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). 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 e y f day of M Q 19 X Landowner o Auth ized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S.-Army Corps of Engineers. See the W A: ;the inside front cover for the appropriate Tice and addresses and phone number. 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