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?
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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
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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
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STATr,
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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