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HomeMy WebLinkAbout20060147 Ver 1_COMPLETE FILE_20060127O?O? W A T,?QG co 7 O 'c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 1, 2006 DWQ Project # 06-0147 Beaufort County Ms. Elizabeth W. P. Sloan 701 Short Drive Washington, NC 27889 Subject Property: Elizabeth W. P. Sloan Property Pungo River [030307, 29-34-(12), SB, NSW] Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Ms, Sloan: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.0476 acres of non-vegetated wetlands (Pungo River bottom) to construct a 61-foot bulkhead at the subject property as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on January 27, 2006. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific.and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount -Approved Units Plan Location or Reference Non-vegetated wetlands (Pungo River bottom) 0.0476 (acres) DCM Field Investigation Report 401 Oversight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httn://h2o.enr.state.nc.tis/ncwetlands One Np iihCarolina Natimally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Elizabeth W. P. Sloan Page 2 of 2 February 1. 2006 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. P? AWK/Um Enclosures: GC 3400 Certification of Completion Sincerely, Al1W. Klimek, P.E. YY4 cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Shell, P.O. Box 769, Morehead City, NC 28557 Filename: 060147EIizabethWPSloan(B caufott)401_CAMA a°? couiq?? ? 2 n n R 0 1 4 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William r?GRoss, n:., Se? I b MEMORANDUM 9 N4 lJ U ?dbm\ls. Cyndi Karoly JAN 7 2006 Env. Biological Supervisor DENR - WATER UUAL11Y Division of Water Quality, Wetlands Unit 1%EETLANDS AND STORMWATER BRANCH t F Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Conunerce Avenue Morehead City NC 28557 DATE: 24 January 2006 SUBJECT: CAMA and Dredge & Fill Application Review APPLICANT: B.F. Warren, B. F. Warren & Son, Agents for Elizabeth W. P. Sloan PROJECT LOCATION: Off SR 1722, on the west side of the Pungo River, below Belhaven, at the residential subdivision locally referred to as Ellis Cove in Beaufort County, North Carolina PROPOSED PROJECT: Applicant is proposing to construct a bulkhead from the corners of existing bulkheads on neighboring properties in a straight line, with an average alignment ±24' waterward of the NWL. The maximum distance between the proposed bulkhead and the NWL is 125'. The proposed bulkhead will be backfilled to the ±4' high erosion escarpment. The proposed riprap will be placed with a 2:1 slope with the waterward toe averaging 10' from the proposed bulkhead. Please indicate below your position or viewpoint on the proposed project and return this form by 14 February 2006. Please contact Steven J. Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Tliis office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes axe .d. See attached. Signed ects to the proposed project for reason described in the attached Date O? N?njliCarolina at?rraU? 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nmonstalmanaaement.net/ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2 3. APPLICANT'S NAME: Elizabeth W. P. Sloan LOCATION OF PROJECT SITE: off SR 1722 on the west side of the Pungo River, below Belhaven, at the residential subdivision locally referred to as Ellis Cove in Beaufort County, North Carolina Photo Index - 2000: 108-1266; H-10 1995:108-1145;'G-6; 1989: 2-96-5; Q-12 State Plane Coordinates - X: 2,708,800 Y: 641,400 Pamlico Beach Quad. (upper left comer) INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -1/20/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 1/19/06 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Limited Transition (uplands) (B) AEC(s) Involved: EW, PTA, ES, PTS (D) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None at this time (F) Type of Structures: Existing - Undeveloped lot Planned - Bulkhead, and riprap (G) Estimated Annual Rate of Erosion: 12' reported by applicant 7. HABITAT DESCRIPTION: DREDGED- [AREA] FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 2,074 ft2 Pun go River bottom (C) Other 1,821 ft 2 Uplands (D) Total Area Disturbed: 0.1 acre or 3,895 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB NSW Open: Yes PROJECT SUMMARY: The applicant proposes to construct a bulkhead, and place riprap on the waterward side of the bulkhead. The bulkhead will be constructed from the corners of existing bulkheads on neighboring properties in a straight line with an average alignment ±24' waterward of the normal water level (NWL). The proposed riprap will be placed with a 2:1 slope with the waterward toe averaging 10' from the proposed bulkhead. Elizabeth W.P. Sloan Pungo River Beaufort County Project Setting The project site is located off SR 1722 on the west side of the Pungo River below Belhaven at the residential subdivision locally referred to as Ellis Cove in Beaufort County, North Carolina. The project site is a partially wooded undeveloped 0.41.-acre residential lot with ±6 P of shoreline. There is a ± 4' high erosion escarpment that is armored with broken concrete and granite riprap. This erosion escarpment transitions to a sandy estuarine beach between 5' to 20' wide above the normal water level. The shorelines on adjacent properties are stabilized with bulkheads. The bulkhead return wall on the downstream side is 30' long while the bulkhead return wall on the upstream side is 50' long. The lot is vegetated primarily with various oaks, loblolly pines and sweet gum trees. The under story consist of various vines and shrubs. The adjacent downstream waterfront property is developed with single-wide trailer. The adjacent upstream lot is developed but vacant of a residential structure. The maximum water depth in the eroded area between the bulkheads on adjoining properties is ±18". The presence of submerged aquatic vegetation (SAV) was not observed at or near the project area although this observation was made recently during a dormant period for SAV growth. This project site is near (<200') the Victoria Paul property subject of Major CAMA/Dredge and Fill Permit No. 116-05 issued 15 July 2005 for bulkhead construction "corner to corner." The Pungo River at this location is designated as SB NSW by the Environmental Commission, Coastal Waters by the Division of Marine fisheries and is open to shell fishing. Project Description The applicant proposes to construct a bulkhead from the corners of existing bulkheads on neighboring properties, in a straight line, with an average alignment ±24' waterward of the NWL. The maximum distance between the proposed bulkhead and the NWL is ±25'. The proposed bulkhead will be backfilled to the ±4' high erosion escarpment. The proposed riprap will be placed with a 2:1 slope with the waterward toe averaging 10' from the proposed bulkhead. Project Impacts The project as proposed will result in the filling of ±2,074 ftzof shallow water habitat in the Pungo River. There will be some short-term localized turbidity associated with the construction activities. Steve Trowell - Washington Regional Office - 23 January 2006 MAJOR PERMIT APPLICATION JAN.9/2006 Narrative for Elizabeth W.P. Sloan We propose the installation of a bulkhead inline with the adjacent property owners to prevent further erosion of the property. By driving vinyl sheet piling to connect the adjacent bulkheads and placing broken concrete and granite stone. The backfill will be hauled in from an inland pit. Details will be shown in the application attached: DCM-MP 1 DCM-MP2 Authorization Statement Over View Plan Cross Section Plan Cross Section Plan Copy of Deed Site Map Certified Mail Return Slips A Check -g.F. Inc. 180 Taylor Harare jZd.,UcMaavci, NC 27810 Phone (252) 964-4623 Fax 9 6?6Bfi1 ?,f1 .. Address C% 1 To: NCDENR I do hereby authorize BY. Vjwen & Sons to sign cn my b half for the receipt of a CAMA Permit and do the proposed work. Dat it 1-41e) eni /L, ]Form'DOA-iP-I A?]P:ILH(C . ? a I @ uz? JAN 2 7 2006 (T® be plewd by all applicMtls) DENR-WATER QUALITY WETIADS AND STaRMWAT ER 6WCH b. City, town, Community or landmark A Woodstock / Wins 1. APPLICANT a. Lzndovrner: Name Elizabeth W P Shan Address 701 Short Driv City Washington State NC Zip 2 7 8 R _a_ Day Phone 252-g4 6 ,i .5? Fax n/a b. Authorized Ageat: N=e Billy Warren Address 180 Taylor Firm Road- City Belhaven State .LVC._ - Zip 27810 DayPh0r.v292-g64-462st Fax 252-964-6861 C. Project mama (If My) 0/a IW't F'ca:?.it lvx &- ism w r= - cf'?., ?r z? ?.^r(a), mar PrO1=d =-r.:. 2. WCA EON 97 FROPOSED PROJECT a. County Beaufort c. Strect address or scoondary roast number off Sr d. Is proposed sorts vAthin city limits or planning jurisdiction? Yes X No c. Name of body of water nearest project (e.g. river, crC3,1z, sound, bay)Pungo River 3. DMC3: ON AND PLANn, D USE OF PROPOSED ?ROJECT a. Ust all d :vvelopmcnt activities you propose (e.g. building a hom3, motel, awina, bullhead, pier, Md c.:c, V ian and/or dulling activities. Bulkh- with ri ?_ - - -------------- b. Is dhe proposed activ:,ty maintenance of an cnisting proj=, new work, or both? new work c. `"3ill tho, psoj= be ffor public, private or commercizI tzs? w pri?-ate d. Give a brief d=cripti 3a of purpose, nso, m4hods of cssz^=, a =-- d doily opm-Wom of proposzd grojc t. If more space is cr=ied, pl=e =6 aditicara pages.-driven vinyl sh Pt _piliincr with "• infront and backfi]???/caarTar3 Form DCH- -1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER none CHARACTERISTICS ' Describe location and type of discharges to waters n a. 4001 Size of entire tract 6' x ; of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash b. Size of individual lot(s) 18 0 0 0 s f t. /1 i o t down" and residential discharges.) C. Approximate elevation of tract above MHW or surface runoff NWL *4 - d Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. . Sand / Clay County Water System --- e. Vegetation on tract yard grass /harr3urnna_ trees f. Man-made features now on tract none S. ADDITIONAL INFORMATION g. What is the LAMA Land Use Plan land In addition to the completed application form, the classification of the site? (mnndi else 1=1 la:-d use r,?m.) following items must be submitted: Conservation Transitional 0 A copy of the decd (with state application only) or Developed Community other instrument under which the applicant claims title _ x Rural Other to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to ba the owner of said property, then forward a copy of the deed or other instrument under no zoning in beaufort co-u which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yep No n / a (Aaach zoning az.Vlianca cerfificxe, irappacable) Q An ante, elated -worh plat (including plan view and cross-sectional drawings) drawn to scale in, black j. Has a professional archaeological assessment been ink on an €1 112" by 11" white paper. (Refer to done for the tract? Yes x No Coastal Resources Commission Mule 73.0203 for a If yes, by whom? n /n detailed description.) k. Is the project loafed in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes _ x No 1. Are there wetlands on the site? Yes . x No Coastal (marsh) Other If yes, has a delineation been conducted? na (Anado deans nuadon, jmazlabk) Pl=sa noto that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel unfamiliar with the area to the . Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. o A Stormwater Certification, if one is necessary. a A list of the name 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 cwdried mail. Such landowners must be rdvised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. - Name Joseph Rose Sr. Address 1121 Little Creek Rd. Ext. Phone Belhayen,Nr• 27810 252-964-4270 Name Address Phone Name Greta La Rue Alliaoo-d_ Address 5650 Slatestone Rd. Phone Washinat-nn , L IC 252-927-4473 o A list of previous state or federal p=wJts issued for work on the project tract. Include permit numbers, permittee, and issuing dztes. ® A cherlc for $250 made payable to the Department of Environment, Health, and Natural Rcsources (DEHNR) to cover the costs of processing the application. o A signed AEC hazard notice for projects in oceanfront and inlet areas. o A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a mnnner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representative 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. 'I'bis is the 9 day of Jan - .., 19 2 0 0 6 Print Name Billy Warren Jr. Signature ?,/„ ?-' ?:/`??-•--',?-------_. T=da?i,=r cr f L: orr." ?c;.t Please indicate attachments pertaining to your propose project. _2?_ DCM MP-2 Excavation and FBI Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-S Bridges and Culverts DCM MP-6 Marina Development a and date each attachnxnt in the NOTE: Please , 19 space provided at the hortori of each fo . Farm DCH-PEP-2 IE?CA?TA?d01?T AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average 1,i Egstkj Prcdect Length width Depth MPUA Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline r.tabilizsiion) n/a ---- ----- ---- n/a ----- ----- ---- n/a ----- ----- --- n/a --- ----- ---- n/a ---- n /a ---- ?r A n/a ---- ------ -- I 1. EXCAVATION n / a a. Amount of material to be excavated from below MHW or NWL in cubic yards n/a b. Type of material to be excavated n/-a c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes -.x No n/a d. Highground excavation in cubic yards n/a b. Dimensions of disposal area n / a c. Do you claim title to disposal area? Yer. X No n / a If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No n /a if yes, where? - n/a 'Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _ No n/a f. Does the disposal include any area in the water? Yes No n / a If Yes, (1) Amount of material to be placed in the water n / a (2) Dimensions of fill area n / a- (3) Purpose of fill -n /a 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 61 LFTr c. Average distance waterward of MHW or NWL 2 4L-FJ d. Maximum distance waterward of MH%V or NWL 2 5LFT e. Shoreline erosion during preceding 12 months 1 7T.FT (Source of inforrwdon) f. Type of bulkhead or riprap material yiny1 bulkhea w/ brnkan r-nne-rata and granite rip rap g. Amount of fill in cubic yards to be placed below water level (1) Riprap 150___ (2) Bulkhead backftil R 7 n h. Type of fill material s a n ea / c l a y i. Source of fill material imland pit--- 4. OTHER FELL ACTIViIIE4 S n / a (Excluding Shoreline Stabilization) a. Will fill material be brought to site? n/a Yes No b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No n / a If yes, (1) Dimensions of fill area n/a (2) Purpose of fill n / a 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? fill dirt to be contain@d behind b„lkhaad F111 dirt-to be sloped anti ?Ppded! Silt fence where necessary b. What type of construction equipment will be used (for example, dragline, bacl<hoe, or hydraulic dredge)? backhoe c. Will wetlands be cr3sse4 in transporting equipment to project site? Yes __.xNo If yes, explain steps that will be. taken to lessen environmental impacts. Elizabeth Slnan AP , or Prolcct Pla= S?ianture 1/9/06 ?u Over View of Proposed Bulkhead with Rip Rap and Fil Elizabeth W. P. Sloan Cama Major Application By: Billy Warren Jr. Date: 1/09/06 Scale 1"=10° ?Pr°oposed Rip Rap ? ,a, Promsed Bulkhead 6l' i o re a i s ? 24' 24' 0 - 25' Q N ? CD U) 0 N fisting asonary De s tone P \ High ground 1-" L +/- 00' E fisting Ma onary Debn / Stone Cross Section of Proposed Bulkhead with Rip Rap and Fill Elizabeth W. P. Sloan Cama Major Application By: Billy Warren Jr. Date: 1/09/06 Scale: 1 "=2° Cross Section of Proposed Bulkhead with Rip Rap and Fill Elizabeth W.P. Sloan canna Major Application Sy: Silly Warren Jr. Date: 119/06 Scale: 1"=10' proposed bulkhead proposed fill +5, roposed rip rap Existing Substrare ma•.sa'In nni, vu . n7R" 37 130100"W . . . . 076".37'I0LQOi W , , V10i ?64• 0V-Vv'•1VV I I I I P04" 14P14YUI Yoh I I I I I 111I- I I 3rvmamin 1 D Point - LJ 1V G 0- ---C lL L' Ei 0 ti • Norflic U Z Shore lO F V o 0 Cl) ?r W M .m V B T H A 1 lm ? ., lji?;bt o x « .: ? ' ` N Lawson , o A Shore O Cl- I 41" 1121 "1 I «. . (TO • + . Z S ? \ . C14 r ,. {. C14 M 'o .. 7 41, <j M 1 h ` 1 ?; Ite 5 .4 _J0 o N'a .OSro " x`A ") :.? . smr Woodstock ' Pt of ?i;? ..:_ ., ? r ? tr '. Gu t « N `Y?PdIttR N 5 . s. \ o O w i I \'1 Sig nal Pi °' 10° W s I I I I I I I I 1 1 076°13810.00" W I I I 1076' 37' 00.00" °Y ' ' ' ' 076°'37'1('.00" W .... 076' 36' 80.00"'W .... ur6- Wju.uu- VV ...... ? I Name: PAMLICO BEACH Date: 1/4/2006 Scale: 1 inch equals 2000 feet Location: 035a 29' 18.5" N 076° 37'02.7" W Caption: Site location of Elizabeth Sloan's proposed bulkhead and backfill and rip rap