HomeMy WebLinkAbout20060147 Ver 1_COMPLETE FILE_20060127O?O? W A T,?QG
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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-
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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