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HomeMy WebLinkAbout19890040 Ver 1_Complete File_19890101 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comore is concerning an application.for State Feder 1 C Permit(s) from rECfUC</?C? f",?%i(il i err/ ?('llr i?LC cC? G-- ie - 1 C (ice ?? ? ?U-V-i Qr?? Td 0?i7?Tl A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. his 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. 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 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. 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 construction. areas. WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT Y DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM Date: March 15, 1989 To: Bill Mills Operations Branch From: James H. Gregson r& Wilmington Re 'onal Office Through: Donald Saf it Wilmington Re ional Office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8901-G Lawrence Brown Carteret County PROJECT DESCRIPTION: The applicant proposes to construct a 60' long bulkhead and backfill 5220 square feet of 404 type wetlands. ADJACENT WATER BODY: Bogue Sound 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. 1272 for bulkhead construction. 3. The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction area to exceed 25 NTU. This office has no objection to the project as proposed. JHG:trw cc: DCM - James L. Mercer WiRO, CF P AR ?L GPr FR/I? I l:':J i . DIVISION OF COASTAL MANAGEMENT * Lat:34043106"N FIELD INVESTIGATION REPORT Long:76144'30"W * * * * * 1. APPLICANT'S NAME Lawrence Brown 2. LOCATION OF PROJECT SITE on Bogue Sound, at 1209 Shackleford St., Morehead City, Carteret County; *SEE 1984 AERIAL PHOTO, STRIP #33, FRAME #1201 @ S AND T-11. 3. INVESTIGATION TYPE: DREDGE & FILL 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 12-2-88 (B) WAS APPLICANT PRESENT YES LAMA X (ONLY) 12-8-88 YES 5. PROCESSING PROCEDURE: APPLICATION RECEIVED December 13, 1988 OFFICE Morehead Citv 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Morehead City 1986 LAND CLASSIFICATION FROM LUP Developed/Conserv. DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES (D) INTENDED USE: PUBLIC NO X PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING city water & sewer PLANNED NONE (F) TYPE OF STRUCTURES: EXISTING PLANNED bulkhead with fill personal (G) ESTIMATED ANNUAL RATE OF EROSION -0- SOURCE observation 7. HABITAT DESCRIPTION: $,ao K (A) VEGETATED WETLANDS 50 DREDGED Section 1404' (87 x 60) (B) NON-VEGETATED WETLANDS: NONE (C) OTHER: 3" " A%. P. high round (57 x 60) (D) TOTAL AREA DISTURBED: FILLED OTHER Approximately 8,640 sq. ft. 8. PROJECT SUMMARY: The applicant proposes to construct a 60' long bulkhead and backfill an area 144' x 60' which contains highground and 1404' type wetlands. house * USGS TOPO 7.5 MIN. 'BEAUFORT' PR. 1983 FIELD INVESTIGATION REPORT - LAWRENCE BROWN, CARTERET COUNTY PAGE 42 9. NARRATIVE DESCRIPTION: The project site is located on Bogue Sound, in the older residential section of Morehead City, at 1209 Shackleford Street. Mr. Lawrence Brown, the applicant, proposes to bulkhead his 50' section of shoreline and the 10' wide (alley) section of shoreline to the west owned by the Town of Morehead City. The onsite inspection revealed that the proposed 60' bulkhead alignment will be located at or above the MHW level. On the far west side, the proposed wall will be properly joined with the existing bulkhead owned by Mr. Corbett. On the east side, the proposed bulkhead will join Mr. Ballou's stabilized property. Once construction is completed, the low area between Mr. Brown's house on Shackleford Street and the new bulkhead will be backfilled to a height equal to the elevation of the neighbor's existing yards. The dimensions of the total area to be filled measures 144' long x 60' wide. This will raise the elevation of the 8,640 sq. ft. area to plus 3 and 4 feet high. The Corps of Engineers has identified a portion of the fill area closest to Mr. Brown's house as adjacent 1404' wetlands. This wetland area is dominated by patens, pennywort and salt bushes, and measures 87' long x 60' wide with a footprint of 5,220 sq. ft. As proposed, the entire fill area will be vegetated with domestic yard grass and stabilized as soon as possible. Mr. Brown has received approval from the Town of Morehead City to construct the bulkhead and backfill the area. Part of Mr. Brown's obligation will be to raise the manhole pipe to its new elevation since an existing storm drain runs the length of the alley from Shackleford Street to Bogue Sound. It is also noted for the record that Mr. Brown was issued both State and Federal permits for this same project in the mid-19701s. At this time, the adjacent wetlands issued precludes the General Permit authorization by the State, and thus, keys up the Major CAMA Permit requirements. 10. ANTICIPATED IMPACTS: The proposed project will directly displace approximately 5,220 sq. ft. of 1404' wetlands adjacent to Bogue Sound. This area does not communicate with the estuarine system and its loss should not significantly impact the local eco-system. PREPARED BY: JAMES L. MERCER DATE: DECEMBER 22, 1988 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 Applicant / a. Name 0 Address_ d City State /1/1 ,? - Zip Day phone 72 (- X JS Landowner or Authorized agent b. Project name (if any) &Z4 c. If the applicant is not the landowner, also give the owner's name and address. If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Ain co /C ,/ / lr/, is O/ !h. </ 4 A c. Will the project be for community, private, or commercial use? 12 Air,//7 f.< d. Describe the planned use of the project. 4 Land and Water Characteristics / r a. Size of entire tract v o .3r, l b. Size of individual lot(s) c. Elevation of tract above mean sea level or National Geodetic Vertical Datum O- _?- 7 P A //. d. Soil type(s) and textures) of tract 2 Location of Proposed Project e. /Vegetation on tract _ ?2 exz_L ,SiIiCOVJ a. Street address ors condary r ad umber / C. /l C 's-f, f. Man-made features now on tract J7GCl 5c _ b. City, town, community, or landmark d ,-t c _ c. CLnty d. Is proposed work within city limits or planning jurisdiction? e. Name of body of ter nea.7t project L? v 4 1. c' • U ,L !! 3 Description and Planned Use of Proposed Project a. Describe all development activities you propose (for example, building a home motel, marina, bulkhead, or pier). a ' 7- 1,6 ?Zs ?P g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional ?- Developed Community Rural Other h. How is the tract zoned by local government? R '5S i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? & 0 If so, by whom? F P D E C 1. 3 1988 L?-Cr7L iJ-'U i? 0 c C 1 1i 1960 5 Upland Development Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed ti,-, N 0- b. Number of lots or parcels /Vl/i c. Density (Give the number of residential units and the units per acre.)- ti114 Z Z G 7- / / Are, is d. Size of area to be railed or disturbed 6C k / 4z ? c. 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? y f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavemen , buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for/paved surfaces h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? I !I'1f-iLc?uL-U?i?LJ m. Water supply source 1 A r n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. /l'% o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 Excavation And Fill Information a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) i. Describe proposed sewage disposal and/or waste Fill placed in water treatment facilities. wetland ePbelgtw j. Have these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N ; n r Upland fill areas Length Width Depth i 87 Go, 157 1619 b. Amount of material to be excavate from below water level in cubic yards i4 c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? 411117 - e. High ground excavation, in cubic y rds f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance?_ If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards 14060 m. Type of fill material /S, r, n. Source of fill material Zz2woz ?e l o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled S? X h 0 q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dra line, backhoe, or hydraulic dredge)? k o s. Will wetlands be crossed in transporting equipment to project site? &a If yes, explain steps that will be taken to lessen environmental impacts. 7 Shoreline Stabilization a. Length of bulkhead or iiprap _ ( o b. Averaee distance watenvard of mean high water or normal waterlevel c. Shoreline erosion uring preceding 12 months, in feet C% L r, d. Type of bulkhead material S- C, ? w b G Cl e. Amount of fill, in cubic yards, to be placed below mean high water __G' f. Type of fill material S-,7,a d. 8 Additional Information In addition to the completed application form, the follow- ing items must be submitted: A copy of the died (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 forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. / G5 f? An accurate w rk plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 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 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 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 ad- jacent waterfront (riparian) landowners. These in- dividuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Manage- ment and should be advised by the applicant of that op- portunity. L°5 11'*?_?_T1r11__1P_fPF C 1 1988 ,' Name Address 1Z n ,c 1 _ Q?ame Address L _ Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 3e-l, 3 9 Certification and Permission 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 4"i"( 07? 7! lands in connection with evaluating information related A chX for $100 made payable to the Department of Natural Resources and Community Development to cover the costs of processing the application"_385T to this permit application and follow-up morutonng of project. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-I to 10). This is th f ,:L day of X = - L 'x s ?ht/ ? /LLc Landowner or Authorized agen l?,.. JAI Li +yi (,! DEC 1 3 1988 i J 1J LJ ? [?U l? i ------------------- ---------------------------- !,? 8801 ? ? ??Q ,, , u I( i ? iI- i J J ,- I O! T Y ?y rvr,J a t m l? J V` ? 67 zo dcGlr? F L/7 .Z L) iG? 51?-1-i _ •1/C SCI7?C•- Q 1 ll? 7T ?..r /41 lut \ DEC 1 3 1688 - ------------------------- Q /?,z 1 /i b G ? D r 7 ? (r I ?7 c! ?' ? G t_c.? ?v Gfl ?S f ????t=r? -? II Jcc ?7 ?,?lbcc Al ;RmgA?C 0 SC. !c /lctiz. r 13 I? wM I M. --------.--- ?.--.---- -__n -.---, n ?,; 8641 fi ? ? 3 U LLJ I i i I v w s 'J J i O J- h i i ?/* W .y N -,-I J CJ rn ry) ` „1 a I? ?l .l Q Y z i ?M v _• 1 v I 11-1 N v v J °J ? G r, Y) STATr, ,,.? 4 r?l"! y[ t?1 p A ?sV Wnr State of North Carolina Department of Natural Resources and Community Development Wilmington Regonal Office James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary Reg oral Manager DIVISION OF ENVIRONMENTAL MANAGEMENT February 14, 1989 Mr. Lawrence Brown 1209 Shackleford St. Morehead City, NC 28557 Subject: Proposed Wetland Fill Project No. 8901-G Lawrence Brown Carteret County Dear Mr. Brown: The Wilmington Regional Office received your CAMA application on January 9, 1989. A preliminary review indicates that a 401 Water Quality Certification will be required from our division due to the proposed wetland fill. A 401 certification is required prior to issuance of a CAMA or 404 permit. Because of the many essential functions wetlands provide, including purification of surface and groundwater, any loss of wetlands as the result of filling activities is viewed by this office as degradation of water quality, and potentially, a loss of these essential functions wetlands provide. Your project, as proposed, will result in the loss of wetland areas. As a result, this office is requesting the following additional information be submitted within 30 days upon receipt of this letter: an alternate proposal that will eliminate or reduce the proposed fill in wetland areas; or submit an explanation of why such reductions are not possible and what mitigating factors we should consider to insure no net loss of wetlands within the project area. RC. '- FFR 7 ?. 1. IIii,'d 'Y SECTION GPEi AiIU?JS B?NNCH -,,; \V'rirhttivillc AVCHLIe, Wilrningtim. NC. 28.103-369(1 • Telephime 919-256-•3161 I\n I yU,ll 011pONL11MV ;AMITILIMC :AC6011 I_m plu?rr Mr. Lawrence Brown Page 2 Until this office receives your response, your proposal for a 401 Certification will be considered incomplete. Should you have any questions concerning this matter, please contact Jim Gregson, Donald Safrit or me at (919) 256-4161. sincerelyr, OtfgirrJ wgned By A. PRE.+i N HOWARD, jR A. Preston Howard, Jr., P.E. Regional Supervisor APH:JG:cwc cc: Bill Mills Chuck Wakild Jim Herstine Charles Hollis John Parker WiRO, CF