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HomeMy WebLinkAbout19890027 Ver 1_Complete File_19890101 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concernYng an application for State Federal (f CAMA Permit(s) from 0(11,14"d ///La nOd1)?l jl/?/li (Cf?,u ) ? '??(?(i'kL ?? rt?r?1?L-l.x l'9C"??i????CJ1.1-_ ?1?r^' ??????LGi?? A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. s office has no objection to the issuance of the permit(s) for the proposed project ith 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 r 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. 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. C// i V WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT Date: To: From: Through: Subject: DIVISION OF ENVIRONMENTAL MANAGEMENT September 11, 1989 Bill Mills Planning Branch f? SC-P James H. Gregson ?`X? L? Wilmington ,Regional f ice iJ Donald Saf it b??' Wilmington R gional f i e Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8908-E Carlos and Lawanda Black New Hanover County PROJECT DESCRIPTION: The applicant proposes to excavate a small boat basin, and construst a pier with floating dock. ADJACENT WATER BODY: AIWW CLASSIFICATION: SB STATUS: Closed The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will require a 401 Water Quality Certification. 2. The project complies with the General 401 Water Quality Certification No. 1273 for the discharge of liquid effluent from a diked disposal area resulting from hydraulic dredging. 3. The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction are to exceed 25 NTU. This office has no objection to the project as proposed. JHG:8908-E.SEP cc: DCM - Ed Brooks Jim Gregson WiRO, CF MEMORANDUM DIVISION OF ENVIRONMENTAL MANAGEMENT Date: September 11, 1989 To: Bill Mills Planning Branch ? From: James H. Gregson ?\" Wilmington ,Regional f ice Through: Donald Saf it Wilmington gional gf' Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8908-E Carlos and Lawanda Black New Hanover County PROJECT DESCRIPTION: The applicant proposes to excavate a small boat basin, and construst a pier with floating dock. ADJACENT WATER BODY: AIWW CLASSIFICATION: SB STATUS: Closed The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will require a 401 Water Quality Certification. 2. The project complies with the General 401 Water Quality Certification No. 1273 for the discharge of liquid effluent from a diked disposal area resulting from hydraulic dredging. 3. The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction are to exceed 25 NTU. This office has no objection to the project as proposed. JHG:8908-E.SEP cc: DCM - Ed Brooks Jim Gregson WiRO, CF DIVISION OF COASTAL MANAGEME'NT FIELD INVESTIGATION REPORT Location of project site County: N.C. New Photo 215 Summer Rest: Road, Adjacent-to- 18-227 Grid 0-•'a AIM New Hanovei- 3. Investigation type: Dre dge & Fill X CAMA ' l 4. Investigative procedure: (A) Dates of site visit 7/18/89 8/4/89 8/14/89 (I3) Was applicant present YES NO NO 5. Processing procedure: Application received 8/14/89 Complete Office WiR0 6. Site description: (A) Local Land Use Plan New Hanover County Land Classification from LUP Conservation f Development constraints identified in LUP None or water dependent use p rojects. (13) 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 None (F) Type of structures: Existing Single family residence Planned Elevated fixed pier with floating dock and bulkhead. (G) Estimated annual rate of erosion 7. Habitat description: Dredged (A) Vegetated wetlands: 8. Source AREA Filled Other (B) Non-vegetated wetlands: Open water 1100 s.f. (C) Other: Spoil area (highground) 2350 s.f. boat access for his family. (D) Total Area Disturbed: 3450 s.f. oa n o1k (8 x36 ) to provide Project Summary The applicant proposes to excavate a small boat basin (44'x25') construct a pier (115'x6') with a f] ti d ' Carlos and Lawanda Black rage two 9. PROJECT DESCRIPTION The project is located at 215 Sumner Rest 1;,ad, adjacent to the Atlantic Intra Coastal Waterway (AIWW) approximately 600 fact north of the Wrightsville Beach drawbridge, in New Hanover County, North Carolina. The applicant's property is bisected by Suumner Rest Road. The project site is that portion of the lot east of the road, approximately 50 feet x 55 feet. The elevation of the property at the road is approximately 10ft. m.s.l. The elevation remains relatively constant for 15-20 feet waterward where it descends sharply to approximately 4-5 ft. m.s.l. grading to the marsh. This low area is overgrown in weeds and small shrubs, and several "404" type wetland plant species were observed at the interface to coastal wetlands. The coastal wetlands consist of a number of individual stands of Juncus roemerianus at the base of the slope interspersed and followed by a border of smooth cordgrass (Spartina alterniflora) marsh ranging in width from 40 to 120 feet. Beyond this marsh is an open water slough varying in width from 45 to 85 feet across the project area. Waterward of the slough is another border of smooth cordgrass marsh, approximately 175 feet wide, which terminates at the open water of the AIVAV s eastern side. The slough in the project area is an extension of an existing channel and hasi.n located approximately 50-70 feet to the south in a wider part of the cove. The configuration of the slough and remnants of an old pier in the marsh indicate this area was also used for water access at some time in the past. The adjacent property to the south was recently dredged to -5ft. mlw, to connect to the existing channel (ie. State Permit 8106-87). The dredging limits of that project end at the Black's property line. The remainder of the highground property is located west of Summer Rest Road, and consists of an existing single-family residence. The waters in this area are classified as SB-Closed, and are not designated as nursery areas. The applicant proposes to obtain water access for his private residence by the excavation of a 25 ft. x 44 ft. x -5 ft. m.l.w. boat basin to connect to the recently dredged basin and accessway of the adjacent property. An elevated pier, 115 ft. long x 6 ft. wide, terminating with a 8 ft. x 36 ft. floating dock, is proposed to access the basin from highground. A retaining wall above the mean high water contour would be constructed along an alignment landward of the "404" wetland fringe, as delineated by U.S. Army Corps of Engineers field personnel. This structure would be approximately 70 feet in length, connecting to the existing bulkhead to the south and include a 20 feet wing wall on the northern side of the property; Backfill from basin excavation would be placed behind this wall. The excavation of 204 cubic yards of material would be done by hydraulic dredge. Originally, the applicant proposed to place the dredge spoils directly behind the retaining wall. However, after consultation concerning the operation of a hydraulic dredge and the need for a water control structure and dike, the applicant has subsequently submitted a proposed spoil disposal area detail (sheets 3 & 4). Any excess material would be trucked to an off site, highground disposal area. Carlos and Lawanda Black Page three 10. AN'rICIPATED IMPACTS There will be some short term turbidity and siU ati.on associated with the dredging portion of the project. Provided the work is timed to avoid periods of peak biological activity, no long term impacts are anticipated. Strict supervision and observation of spoil disposal area must accompany the project dredging to insure no overspill. Several individual work periods, rather than one continuous dredging time may be necessary to accommodate water volume in the spoil area. The pier/dock structure does not adhere to the application of the "one/third rule" in the strictest sense. Although the AI«d is approximately 500 feet wide from the outer marsh fringe, the grass to grass opening in the cove is only 60--70 feet in the project area. The proposed 36' x 8' floating dock exceeds the "one-third rule" if applied in this case. However the following circumstances promote the proposed location: 1. The cove closes just north of the Flack's property and is not navigable. 2. The riparian property owner to the north already has water access to the AIWW by means of an elevated pier and dock structure, and has signed a riparian statement of no objection to the project. 3. Placement of the floating dock at the proposed location would allow the maintenance of the maximum feasible distance from both the inner and outer Spartina alterniflora marsh fringes in the cove during the dredging of the boat basin. Submitted by: Ed Brooks Date: August 16, 1989 Office: Wilmington Please type or print. Carefully describe all :,'a? a ?; ?? scribe Ie planned a c of the pr eject. ticipated development activities, including titic '-'.1 ?S lion, CxCa\'atlOR, f1111I1(,, paving, land Cleailllg, ai;??f ?l 19('V y ? stormwater control. If the requested information is 1 1 v not relevant to your project, write N/A not a p- pliCAAC). Items 1-4 and 8-9 must be coil l`eiQiQ )r(, OASIAL ',1fi?7?uqTNJ ll projects. Yif.11,11w:GTON RECIONAL -IFF! F, ND AND V7ATER %._.AHARAC ERISTICS 1 APPLICANT b Nam,,-_4IZ405 -e- Z gWAArA4 131-14C< Address 71 S 511HH&E-4 96S7_ O City 4/'// Ner7,0-'V_-)tate P Lip S ?+'d Day phone 25- -20 3 Landowner or Authori_ed agent Project name (if any) 64Zr4 c. If the applicant is not the landowner, also give the owner's name and address. I' 2:'LOCATION OF PROPOSED PROJECT (,r 0 a -7 7; a. Size of entire tract b. Size of individual lot(s) c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 61 d. Soil type(s) and texture(s) of tract e. Vegetation on "tract b?, a? rl e <i 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 Transitional Developed Community Rural Other h. How is the trait zoned by local government? i. How are adjacent waters classifies{?.- 6-? j. Has a professional archaeological 'survey been carried out for the tract? r) D _ If so, by whom? a. Street address or secondary road number I ,245 Sv& "6R RE57 - RP. [ b. City, town,,co munity, or landmark Lv/? ?iWGrT0AJ c. County NFiv 64i yovC-R, d. Is proposed wo k within city limits or planning jurisdiction? ! ?.) 1 1-? it n Jar Co C. Name of boy of water nearest project, „ 3 DESCRIPTION iAND : 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. Is the proposed activity maintenance of in ex- isting project new work, or both? ii/?w wow r? Will the project be for community, private, or commercial use? vsC 5 -UPLAND DEVELOPMENT Complete this section if the project includes any upland development. a. Type and number of buil a i ies, or structures proposed 1 b. Number of lots or parcels c. Density (Give the number of residential units and the traits per acre.) I d. Size of area to be graded or disturbed 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 Div s, - of Land Resources? 1V j 7l Give the percentage of ih?e tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, 71. buildings, or rooftops. 8 ADDITIONAL INFORMATION In addition to the completed application term, the: following items must be submitted: .'? cosy of the decd (with Mare applialti?-m only) 01, Ither insntlmCnt under \vhich the applicant claims title to the affected property. If the applicant is not Cklitilinkg to be the tlwner Of said property, then for- xard a copy of the deed or other instrument under which the owner claims title, plus written pcrnlis- sion from the owner to carry out the project. An accurate work plat (including plan vic\v and rocs sectional drawings) drawn to scale in black ink on 8 t/z x I1 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 requirement, and it ;oust 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 0r i ?0- G' Address J 0 / =>C ?? e A list of previous state or federal permits issuer: fol wok on the project tract. Include permit n1;mbers, pcrnlittee, and issuing dates. . , clleci< for $100 made payable to the Depart- ment of Natural I\c5ollrccs and Community. Dc-velopnlent to cover the costs of processing the ;1i'; llcatloll. .A signed AEC hazard notice for projects in occ:.-.- frr nt and-inlet arras. A statement on the use of public funds. If the project involves the expenditure of public funds, t tack a stitellleikt clc)c tilentii-ig compliance with -. e North ?_arc5llna Environmental Policy Act (N..C:G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIS SION TO ENTER ON -LAND .Any permit issued in response to this applicatic,;-. Will allow only the development described in th, application. The project will be subiect to cond. tins and restrictions contained in the pcrilit. I certify that to the best of my knowledge, the E posed activity complies with the State of North Carolina's approved Coastal Management Progr, : and will be conducted in a manner consistent \', :-h such program. I further certify that I am authorized to grant, ar.3 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? the J day of 19 V, Vta'k-ecla Landowner or Authorized agent Name/' / -1 ? i J f Send the completed application materials to the Address Division of Coastal Management Office nearest .; ,u ! .` •'? ,4nd the U S Aril ' Corps of Engineers See the Nail __ Address ilap on the inside front cover for the appropria-: ri lffice and addresses and phone number. JUL 21 198;, OFFICE OF COASTAL MIANAGEMENI um 6AiiwTnn1 0CPHWA1 nrnrc- VIE W, T JUL 21 ?, !?' < s I ?-c k) AT40'VH E OF COAST,,!- iy9AN4CF, P•9{.''GTnI! (3EGIONA( OFFI` _ /I [,j s CHiiNrlC VUf ICr(A /S Vt? l C- «E Ft CF! -- - -- --- -------- - ? J. U I_L/N i Y F?, A r CXPS r T P??Po.s?d s. Mt_ ? r a Mew S? ?S U To S NI t n/ F1.0 /.)?r/JG nOClt 4S 17 Se+ ?'c ^ Y - ----- : j \ X/ yv?TLAND Qoo . V0.. r3 ?? ?-?-4le+ri s ?` ?? w d r I ? ? 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