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HomeMy WebLinkAbout19890004 Ver 1_Complete File_19890101NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPME11 I' I PERMIT AND WATER QUALITY CERTIFICATIO- The Department of Natural Resources id Community Development hereby gives public notice as recr ired by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that JAMES R.1 ALLEN, JR. of Dare County, filed an application on September 21`- !1989, for a permit from the Division of Coastal Management to d(?velop in an Area of Environmental Concern and for certific? Aon from the Division of Environmental Management that a dis?:liarge of fill material in project wetlands will not violate aI!:)licable water quality standards. j According to said application the applicd:;!, proposes to place riprap at the waterward edge 6i Spartina cynosuroides/Spartina alterniflora coastal marsh ), top erosion. Applicant also proposes to construct a single farrt_.ly home on the upland portion of the lot. A copy of the entire application and additi ? l information may be examined (or copies furnished upon reques nd payment of reproduction costs) during normal business hoursI I- office of Robert K. Abernethy, Division of Coastal Managem nt, located at the Division of Coastal Management, Route 6 Box 203, Elizabeth City, N.C., 919/264-3901, and/or the office of ".-2borah Sawyer, Division of Environmental Management, NRCD Region61:?ield Office, Washington , N.C., 919/946-6481. The Division. of Environmental Management p_:?poses to take final action on this water quality eertificati or before November 4, 1989. The issuance of the CAMA M1a?r Development permit and the Section 401 Certification may de;-hate from this projected date depending upon the nature of he comments submitted and subsequent hearings that may result. All persons desiring to make comments ski:uld do so in writing to Dr. George Everett, Director, Divi?'.?on of Coastal Management, P.O. Box 27687, Raleigh, N.C., 511, prior to October 30, 1989 for consideration in the CAMA ;:_rinit decision, and to Mr. Bill Mills, Division of Environmental.'.nagement, P.O. Box 27687, Raleigh, N.C., 27611, prior to Octob 25, 1989 for consideration in the water quality certification:,2cision. Later comments on the CAMA application will be accepte( and considered up to the time of permit decision. Project me:l.i-ications may occur based on review and comment by the publi?: z.nd state and federal agencies. Notice of the permit decisior xn_matter will be provided upon request. PUBLISHED ON: Tuesday, October 10, 1989 ` -t STAnr C' State of North Carolina Department of Environment, Health, and Natural ?sburces Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 2761:1 November 29, 1939 James G. Martin, Governor William W. Cobey, Jr., Secretary R. Paul Wilms Director Mr. James Allen 5819 Oak Tree Drive Virginia Beach, VA 24364 Dear Sir: Subject: Certification Pursuant to SectiC, ri ', 101 of the Federal Clean Water Act, Proposed Rip Rap of Shoreline James Allen Roanoke Sound Dare County Attached hereto are two (2) copies of Certifi?:i tion No. 2411 issued to Mr. James Allen dated November 28, If we can be of further assistance, do not hes{-elate to contact us. Attachments cc: Wi ington Vzfshington Mr. _,Willial Sincerely,- R. Paul Wilms District Corps of Engineers Regional Office n Mills Mr. John Parker II P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733• NORTH CAROLINA Dare County CERTIFICATION conform wit I? the THIS CERTIFICATION is issued in conf y requirements of Section 401 Public Laws 92-500 and `.%5--217 of the United States and subject to the North Carolina Di-LS-Lon of Environmental Management Regulations in 15 NCAC 2H $,ction .0500 to Mr. James Allen pursuant to an application file', on the 9th day of October, 1989, to place rip rap material al-ig shoreline at Lot No. 31, North Shore Road, Pond Island. The Application provides adequate assurance th.Lthe discharge of fill material into the waters of Roan:':e'Sound in conjunction with the proposed shoreline stabilizat'.n'Dare County will not result in a violation of applicable Water )uality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 _if conducted in accordance with the application and conditions ';Lreinafter set forth. i Condition(s) of Certification: i 1. That the activity be conducted in s q:i a manner as to prevent significant increase in i.rbidity outside the area of construction or :onstruction related discharge (increases such t 1'.t the turbidity in the Stream is 25 NTU's )r less are not considered significant). 2. That the rip rap material be of such a size as to not be washed away by wave or tidal action. 3. That the rip rap material consist' o=' clean rock or masonry material. -° Violations of any condition herein set forth revocation of this Certification. This Certification shall become null and void above conditions are made conditions of the Feder This the 28th day of November, 1989. 1 DIVISION OF ENVIRONMENTAL :hall result in ?,,Jiless the '. Permit. t tAGEMENT R. Paul Wilms, Director WQC# 2411 NKDATA D1=/CAMA/40S REV ACTION > FILE > DFCAMA40i F'S(JD > FORMAT ACTION = ODD. ENTER TIE ATA TO BE STORED j DATE 01 /04/88 > i.T,'D °CAiMA NEXT 1--;CD • > 007 6 Fr; D,TA F'R0. COUNTY: REG ASSIGNED TO. JOINT NOTICE: TYPE CERTIFICATION RECOMMEND DATES YY i•iD 40 1 F'i`! : 401 REQ : Y ISSUE : y I;1^GEI?'ED : 9/O d / CANA Oi??ll_Y : GC : DENY: / ]'NITIA1_ REPORT: I) / C A H A SECI SIAP =;1=0 ? HOLD: A1_ I'?;1=ORT . RECEII..VING STREAK ?-rc1 CLASS: I*N: COMMENTS: C0 IE . : C- ? y cl) ,1 + c , c z JiLGEIVED VP 2 5 '89, Please type or print. Carefully describe all anticipated Elizabeth uty development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your attach -MP-2. project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. b. Is the activity maintenance of an existin new work, or both? ) 10 O r < 1 APPLICANT c. Will th be for community, private, or a. Name Comm I ) I L 4 ?- Address City - State / '..._ d. Descri' ed use of the project. ZipT;•^ Day phone `c-- Landowner or Authorized agent b. Project name (if any) 4 LAN WATER c. If the applicant is not the landowner, also give the CHA RISTICS owner's name and address. 7 a. Size of t t- s ? FT b Size of i d lot(s) X . c. Elevatio o bove mean sea level or National Vertical Datum 2 LOCATION OF PROPOSED PROJECT d. Soil type ) ture(s) of tract N a. Street address or secondary road number { V i ` , 31 Nor`1 e. egetat o b. City, town, community, or landmark ? r? f, . < C,,- ?, ( f. Man-mad f ce now on tract /l,,A J c. County, g What is th Land Use Plan Classification of . d? Is proposed work within city limits or planning the site? ( e local land use plan.) jurisdiction? 11" ?Co a Transitional e. Name of body of water nearest pro ect tr Dev 1 Community I•' n IA Rur Other h. How is the d by local 4ovemment? 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT i. How are ad tern classified? a. Describe all development activities you propose (for j. Has a prole i haeological survey been example, building a home, motel, mari a, bulkhead, i carried out r t? Aline If so, by whom? or p er). 5 UPLAND DEVELOPMENT -omplete this section if the project includes any land ievelopment. i. Type and number of buildings, facilities, or structures proposed- I),c ?) S P- Number of lots or parcels O /V e Density (Give the number of r sidential units and the units per acre.) lg A 1. Size of area to be graded or disturbed /7XCoS If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? 0 A Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such pavement, buildings, rooftops. ;. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. C 0r)CL).L I C i. If applicable, has a stormwater management plan been submitted to the Division of Environmiental Management? N Describe proposed sewage disposal and/or waste water treatment facilities. S P"1' Have these facilities received state or local approval? c. Describe existing tn, tment facilities. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N a rv,?, m. Water supply source C I wQ-?e (Z n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. rA 4 o. , If the project is on the oceanfront, what will be the elevation above mean sera level of the first habitable floor? N 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin O reak a ie , a ramp, , rock jetty) Fill placed in wetland or below MHW Upland fill areas 6 57, c. b. Amount of material to be excavated from below water level in cubic yards N c) c. Typt., of material , , . , /V d. Does the area to be excavated include marshland, swamps, or other wetlandrs?O e. High ground excavation, in cubic yards VED ' f. Dimensions of spoil disposal area c. Sho. f? feet g. Location of spoil disposal area d. Ty o h. Do you claim title to the disposal area? _ e. Am me If not, attach a letter granting permission from the owner. f. Type o i. Will a disposal area be available for future maintenance? f?1 A If so, wherei if L, 8 AD I j. Does the disposal area include any marshland, In additio t swamps, or water areas? •I ? / ing items k. Will the fill material be pla ed below mean high A copy o t water'? o instrumen 1. Amount of fill in cubic yards affected p the owner f in. Type of fill material A deed or o r n. Source of fill material 5A 0 C) ? title, plus the project. o. Will fill material be placed on marsh or other wetlands? V) o An accurat sectional dr w p. Dimensions of the wetland be filled 1/2 x 11 wh to ty Commissio P q. How will excavated or fill material be kept on site and erosion controlled? . Please note tl / r ??? /tl G only high qu f' `? < l G r=. a s s prints or oth quality copie r. What type of construction equipment will be used U .S. C (for example, dragline, backhoe, or hydraulic use arger of larger dredge)? e- of plat requi to guide agen site. Include s. Will wetlands be crossed in transporting equipment the like. to project site? 1, O If yes, explain steps that will be taken to lessen environmental impacts. A stormwater may have beer Division of En A list of the ng jacent water0 dividuals have 7 SHORELINE STABILIZATION the proposed p ment and shou a. Length of bulkhead or riprap pottunity. b. Average distance waterward of mean high water or normal water level 2 5 '89 DCM ng preceding 12 months, in i material / in cubic yards, to be placed below al L INFORMATION bmitted: application form, the follow- (with state application only) or other uch the applicant claims title to the f the applicant is not claiming to be Dperty, then forward a copy of the nent under which the owner claims emission from the owner to carry out at (including plan view and cross rawn to scale in black ink on an 8 (Refer to Coastal Resources D203 for a detailed description.) 1 drawings are preferred and will be accepted. Blue-line is are acceptable only if 16 high ed by applicant. (Contact the ineers regarding that agency's A site or location map is a part it must be sufficiently detailed el unfamiliar with the area to the i (SR) numbers, landmarks, and ent plan, if applicable, that in consultation with the l Management. omplete addresses of the ad- Ian) landowners. These in- which to submit comments on Division of Coastal Manage- d by the applicant of that op- -t ame ddress ame ddress I(I u7s C-1 2- ame ddress list of previous state or federal permits issued for ork on the project tract. Include permit numbers, ;nnittee, and issuing dates. check for $100 made payable to the Department of atural Resources and Community Development to wer the costs of processing the application. signed AEC hazard notice for projects in oceanfront id inlet areas. statement on the use of public funds. If the project evolves the expenditure of public funds, attach a state- ,ent documenting compliance with the North Carolina nvironmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIWON TO ENTER ON LAND 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 ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project. This is the 2, > day of , 19f;F Land.q*her or Authorized agent 4 OFFICE OF COASTAL FIELD INVESTIGAT 1. APPLICANT'S NAME James Allen 2. LOCATION OF PROJECT SITE Lot 31 Nor Manteo Causeway Dare Count Photo Ref l 3. INVESTIGATION TYPE: DREDGE & FILL 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 09/27/89 (B) WAS APPLICANT PRESENT No 5. PROCESSING PROCEDURE: APPLICATION OFFICE Elizab 6. SITE DESCRIPTION: (A) LOCAL LAND US LAND CLASSIFICATIO DEVELOPMENT CONSTRAINTS (B) AEC(S) INVOLVED: OCEAN HAZARD COASTAL WETLANDS _ ESTUARINE WATERS X (C) WATER DEPENDENT: YES X N6- (D) INTENDED USE : PUBLIC ' PRIVATE X (E) TYPE OF WASTE WATER TREATMENT: EXISTING None PLANNED septic tank (F) TYPE OF STRUCTURES: EXISTING Non PLANNED Hou (G) ESTIMATED ANNUAL RATE OF EROSION 7. HABITAT DESCRIPTION:i (A) VEGETATED WETLANDS DREDGED (B) NON-VEGETATED WETLANDS: shallow water habitat (C) OTHER : (D) TOTAL AREA DISTURBED: 8. PROJECT SUMMARY:Applicant waterward edge of SDartina cvr, 195 to Lat: 35°54105" Long:75°37115" Rd Pond Island CAMA X D 09/ 25 /89 ty Dare Co LUP Transition IFIED IN LUP none ESTUARINE SHORELINE X C TRUST WATERS -X MCIAL SOURCE Field Representati,% FILLED OTHER 195 sq ft Rip Rap at the . alterniflora rsh to stop erosion. Applicant ro ses to a single f the u la tion of the lot. James Allen Bio Report Page 2 SITE DESCRIPTION Applicant currently owns lot 31 No Manteo Causeway, Dare County. The loi upland portion adjacent the road domina from the water the lot drops off sharply of 404 wetlands dominated by wax myrtl patens. This 404 area continues t cyroseroides coastal marsh and ends Spartina alterniflora. The marsh is ei chunks of peat breaking off. The applicant is currently constri permit #6077A, a retaining wall along dock over the "404"wetlands, a 6' wid edge and a 252 sq ft boathouse over the The applicant is proposing to use ] 3' waterward at the marsh edge. Ripra shallow water and against the eroding applicant also proposes to construct a s septic tank on the upland portion of the ANTICIPATED IMPACTS This project will result in the shallow water habitat. This project the marsh along the waters edge. CAMA REVIEW This project is consistent classification in the Dare County LUP. Submitted by: Robert K. Abernethy Date: September 29, 1989 the transition )re Rd Pond Island, haracterized by an lawn grasses. 40' rm a 101-15' fringe sp., and Spartina de into Spartina waters edge with rapidly with large under CAMA 4" line, a out to the general 6' wide waters concrete to riprap be placed in the of the peat. The .amily residence on of 195 sq ft of top the erosion of UJA 0 /7'?,l "A'? ?-? , -t A 11,e h ? ,l i \Llttl• Ppn1{uln I i ( ?\ \ ` Jeanlttes \ ?y?q )Blg Ppnumin 1 Pier ll X3 Gn 15 C, 1A t\\ A 1? r 800000 FEET f(1 \a X11 ?•• . `. J. \ pP NArth? BBL t J ?? } Old ° , G? + r 4 Pond l Zti I i. H N ouse I " • \ 1 eadquartera.: l Z\ g wok r,, Island O \ °N }? C14 W Light f20enok• I ` ??f W )F ?? 35°52'30" ` r 75 37 U 45 14 3010000 FEET 351 .? ' oe Mapped by the U. S, Coast and Geodetic Survey Edited and published by the Geological Survey' "14 V\ Cuntrol by USC&GS (C) and USGS r Culture and drainage in part Compiled from aerial Mn- photographs taken 1949. TUpography by plane-table cN surveys 1950. Field check 1953 Hydrography from surveys dated 1851 to 1942 and it _ o•zo _ supplementary information 6 MILS Polyconic projection. 1927 North American datum 10,000•fuot grid based on North Caiulina coordinate system Unchecked elevations are shown in brown tM o t9sr MAGNETIC NORTH OE AT CENTER OF SHEET 1000-meter Universal Transverse Mercator grid ticks, zone 18, shuwn in blue A b 61 Janes ?)IIEN 25' , alp , X, r, G i 65' o f 130 1) R D WA 1- K 6S OF 13ULK 14158 p 8'Rr T?A?I 2.8o c "oE?QE1Jp pE??c ST TO 46i16 --IN +EkDIS?' WA I-'- 0015 Dec Kx.??c ,...? ..W.T v rr ?Y 14n 4 ?RETOR ORn u A Y , , 1 -, 1 N, W/,,NI I rc 'IAC,7 , rtF A;. ? i 0 o q SITE s a ? 1 1 v 1 1 C?^r?1\ R0,4N0 .. r ? SoUN ll . ; 17 -1 6 ', Q f i N f^ r'1 ,>R C a - 0. _An td Q ? y r t ?1 1'G - ---• ____?' 32 VC', - `1 IC NE 4" rr,3' 1 37.o 316"'' PCoPo5eu La w IiouSE ' ?. m O T L •? ' K F Al 1n j M A i ` lb ?J 0 ?t 'VICINIT'Y N.-T.S. 30 />s F'e 2 LUfZ(z4it.J.. 1 HiC,I, c, rzu 5.5 p. -,04 .1,:. •.?IrJf.Yi.,?r'rl? roril???:r1t}!.. 1--L t; I 1'/ '- 14 s 5 1.5 i,1 ,,1/, D rLM (050` + r.; 8q't='!'OC ri IWA KJORfH s HORr (CEO r2/W) IZU RD DR. J .. !? wr "?,• JIB Z, ? ?,q ?tl W. C OWEN , R L S , certify that this plot was drown from an actual field to v. 'he error of closure at colculoted by lotltuaes and departures is 1.10, 000; that It " a red 'ordonce with G S 47 - 30 as amended. i' jH CAR is my hand and seal this 22?? do of MAy y A. D. 19 89 , OZ •••••••••••''/ .• srFjQ ••• -: SEAL •: • L-3216 L R C• 0 1 S L 3 2 16 i SURVEYED FOR JAME5 R. ALLEN and wife B J. ALLEN LO 'r 31 src-flom I NAGS 1-4E,D '(WS DA2 I- GouN-TY POND 15LAN1-) MAR11.tA NORTH C AROL 1MA REV. - 7121189 - PROP HOUSE ADDE01 NANO cMANOE, SE%tlgCK R8? QUIBL ASSOCIATES P C x •16-89 , . . . 1' . 30, ENG N SURVEYORS • PLANNERS 1 1 4 /