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HomeMy WebLinkAbout19890142 Ver 1_Complete File_19891019.-8 STATE a?z State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor October 9, 1989 R. Paul Wilms William W. Cobey, Jr., Secretary Director Mr. Jerry Jackson Route 1, Box 299-B Roper, North Carolina 27970 Dear Mr. Jackson: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Rip rap of Shoreline Albemarle Sound Washington County Attached hereto are two (2) copies of Certification No. 2384 issued to Jerry Jackson dated October 9, 1989. If we can be of further assistance, do not hesitate to contact us. Sincerely, Attachments tc? ?11-lfho R. Paul Wilms cc: Wilmington Regional Office 7 W shington Regional Office rr. William Mills Mr. John Parker PoRudon Prevendon Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer a NORTH CAROLINA Washington County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Jerry Jackson pursuant to an application filed on the 24th day of August, 1989 to place rip rap material along the shoreline at Beech Bay Subdivision. The Application provides adequate assurance that the discharge of fill material into the waters of Albemarle Sound in conjunction with the proposed rip rap placement in Washington County will not result in a violation of applicable Water Quality 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 hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That the rip-rap material be of such size as to not be washed away by tidal or wave action. 3. That the rip rap material consist of clean masonry or stone material, free of any toxic pollutants. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 9th day of October, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT.- 0t&__4/)W R. Paul Wilms, Director WQC# 2384 41 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health and Natural Resources. hereby gives public notice as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that Jerry T. Jackson of Roper, N.C. filed an application on 21 August 1989 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the-Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application Jerry Jackson proposes to place riprap along approximately 230' of shoreline at Beech Bay Subdivision along the south side of the Albemarle Sound in Washington County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management, 1424 Carolina Avenue, Washington, N.C., and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington, N.C. The Division of Environmental Management proposes to take final action on this water quality certification on or before 12 October 1989. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Dr. George Everett, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 2 October 1989 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C. 27611 prior to 27 September 1989 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 13 September 1989 in Roanoke Beacon , r .v : y..yrv..y . ;.?. ?+..: . 1i 1"v ? :. REV „ v : 0908/89 DATE ACTION !NO i:: " , . . :. •FCA MA.:.5. D FORMAT , y i - : ' i , ' ' ' . ;iMA NEXT ' C 0060- t : i •.. i 5 i ENT ERED THIS DATA, RECOR D IS .... .- DATA +•-1, ..., = F; 1 }:; ,::; 8r r' i'!: +..± & JACKSON, JERR Y COUNTY: WASHINGTON REGION: 0 }? ASS IGNE D O JOINT NOTICE: TYPE CER TIFICATION RECOMMEN D DATE..'-'-.'.' . `t :. ... ... 404 PN: 401 RED: ISSUE: Y RECEIVED: CAMA ONLY : GC: DENY: INITIAL REPORT- :. i ..:5"43-y!'i x :.: - • i :: r k .. - } i!.: }...:.: FINAL ? ... RECEIVING STR EAM: i•:4 } , v : i... i i i"i i `. 5 . . . 5... SOUND C L A S S : i i '•. { + B A S I N : +. COMMENTS: SITE LOCA TED ;•iEi::.i..H B;`f'= ;::`UBD.,.r':, `+isi;TH SIDE A E ; R `O PROPOSAL TO P LACE ... RIPRAP ALONG 2 \.• 0 OF " 30' ,.: "'i OR5:' .. DOES NOT O1 FIT PRESE NT RESTRICTION S FOR r . +.:r i :........ . ........ CERT IFICATION FOR ...... •. A PROPOSED ACTI VITY SHOULD NOT PRE SENT A DVERSE WATER Q UALITY IMPACTS r SEP 1989 ...... v ' 0ER QUALITY COPIES: ?.+ Ar'•. +..? !.: 4::. I'd i i''; A i......• i`xi I L..1...... ..! i.. IM • WASH Z NEOFFICE AUG241989 D. E M. Memorandum To: Jim Mulligan From: LuAnn Bryan Subj: Application for CAMA Major Permit and/or Dredge & Fill Permit Jerry T. Jackson Washington County Date: 24 August 1989 Attached is an application for a CAMA Major and/or a Dredge & Fill Permit which was received by me on 21 August 1989. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. DIVISION OF COASTAL MANAuxmENT Lat: 35" 56' 29" FIELD INVESTIGATION REPORT Long: 76° 33' 4811 1. APPLICANT'S NAME Jerry T. Jackson 2. LOCATION OF PROJECT SITE Washington County, Beech Bay Subdivision, - south side Albemarle Sound Photo Ref. 102-930 16-P 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE:- (A) DATES OF SITE VISIT 8-10-89 (B) WAS APPLICANT PRESENT Yes 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 8-21-89 OFFICE Washington 6. SITE' DESCRIPTION: (A) LOCAL LAND USE PLAN Washington County. LAND CLASSIFICATION FROM LUP Conservation-water Transition-la DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None applicable (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS PUBLIC TRUST WATERS _X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES X NO (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT : EXISTING None PLANNED None (F) TYPE OF STRUCTURES : EXISTING Pier, riprap PLANNED RiPrap (G) ESTIMATED ANNUAL RATE OF EROSION 2' SOURCE Applicant 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER (B) NON-VEGETATED WETLANDS: Sound bottom 1150 sq.ft. (C) OTHER: ` (D) TOTAL AREA DISTURBED : 1150 sq. ft. 8. PROJECT SUMMARY: The applicant proposes to place riprap along approximately 230' of his shoreline locate in Was ington County at Beech Bay Subdivision along the sou side o t o Albemarle Sound. Project setting The applicant's property is located in Washington County off US 64 near Skinnersville at Beech Bay Subdivision adjacent the south side of the Albemarle Sound. The property is approximately 1 acre in size and is approximately 2 feet above NWL. Vegetation-en the tract consists of cypress, maples, and native grasses. There is a pier that extends out from the lot. There is a sand berm along the shoreline, with the interior portion being wooded swamp. The shoreline edge is dotted with cypress trees. Approximately 105' of the shoreline is riprapped. Project description The applicant proposes to place riprap along approximately 125' of shoreline and to repair the 105' section that is currently riprapped, with the total amount of riprap being 2301. Placement of the riprap is to be a maximum of 5' beyond NWL, with the average being 5' also. The applicant proposes to use old brick and concrete as riprap material, which is the same type of material already in place for the 105' of existing riprap. The project is proposed as a shoreline stabilization measure. Anticipated i-rmacts The project as proposed will result in the filling of approximately 1150 sq.ft. of sound bottam, resulting in 5750 cubic yards of fill, with 85 cubic yards being located below NWL. LuAnn Bryan - Washington Office - 24 August 1989 j. 1:. I o? ??? ?ti? S GAP t lc'??Pl p.c etti P'?? ata?et? S? a ' G°asta., S? 113 p'1 G ao?v%,Lti9 ot` ?tea?G S' 11 Getc??`ca ? G• t ??a1?3 x,15 ??ate?l 1 G S O ?,l CaGt`Ge5 ter et ?? otk In sefiet.? 1?61L lcet?atir 4 of \,tA' ok atb°ts Pcl- c ? a?ets eSS ets ata? ,r?° aoy 1`? • 4? ?,Nc `ya a ??a tai ept a?a?eta as,?a` ?a?Jta ??tticy °"\ °? Gets 0, v,IV) OeQat? aG°? l`l G• es at` °vtc ?es el°Qfie?4,1 lea OG?,, GJt's abbe o4 `fie ?a?e satG?10'11 ??ea of ?``` a?et p'cti Co ? tie ate G?eao e s ?Ila?C ok vlll o o s Sec G°? • c S• P'?yo??s?t?c Q Please type or print. Carefully describe all an- d. Describe the planned use of the project. ticipated development activities, including construc- )PiAcc'- vl; p v-a 1+Lr.:, '2? SkG;."e Li ?. z. tion, excavation, filling, paving, land clearing, and r a ??? c ?fi 424iZ %e - 6P, 0 0_ .X ?M1 L,V stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for 4 LAND -AND WATER all projects. CHARACTERISTICS 1 .APPLICANT' a. Size of entire tract ? ' ? Y = '? b. Size of individual lot(s) v A111,61 a c ? t ' a. Name c. Elevation of tract above mean sea level or Na- Address e 1 r x 2 9 5- 13 tional Geodetic Vertical Datum f 3' City 0 ' Y•? State i ?? Zip Day phone 5 Y h j- d. Soil type(s) and texture(s) of tract X Landowner or Authorized agent e. Vegetation on tract b. Project name (if any) f. Man-made features now on tract n, `r Y c. If the applicant is not the landowner, also give the owner's name and address. g What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation wak r ? Transitional I*_,,4 Developed Community 2 LOCATION OF PROPOSED Rural Other PROJECT : h. How is the tract zoned by local government? i. How are adjacent waters classified? 5.6 a. Street addres or secondary road number j. Has a professional archaeological survey been carried out for the tract? A% 6 b. City, town, commujnt , or landmark ? If so, by whom? t' c' ? F2 ?l,s Y c. County f At 4_'44 d. Is proposed work within city limits or planning 5 UPLAND DEVELOPMENT jurisdiction? A/ ?-' e. Name of body of water nearest project Complete this section if the project includes any A! upland development. a. Type and number of buildings, facilities, or 3 DESCRIPTION AND PLANNED structures proposed tV/4, USE;OF' PROPOSED;` PROJECT b. Number of lots or parcels /1'14 a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) 1"'M bulkhead, or pier). /?' ??/? =' d. Size of area to be graded or disturbed e. If the proposed project will disturb more than ore acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both?? sedimentation and erosion control plan been submitted to the Division of Land esources? c. Will the project be for community, private, or til/Y commercial use? ' f. Give the percentage of the tract within 75 feet ?^; ?? /?'t? ? of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. ?/`7-- g.. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. N/& h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? _? S? A i. Describe proposed sewage disposal and or waste water treatment facilities. 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, or "wash down"). m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. . / ,, o. If the project is on the oceanfront, what will evel of the be the elevation above mean seVA first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) iv, Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic and - C. Type of material d. Does the area to be excavated include mar b- land, swamps, or other wetlands? /f e. High ground excavation, in cubic yards f. Dimensions of spoil disposal area A ,/O g. Location of spoil disposal area &. ZA- 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? / -A1A If so, where? h/ j. Does the disposal area include any marshland, swamplland,'or water areas? _ 10,41 k. Will the fill material be placed below can high water?/ 1. Amount of fill in cubic yards m. Type of fill material -? n. Source of fill material o. Will fill material be placed on marsh or other wetlands? Al/f p. Dimensions of the wetland to be filled q. How will excavated or fill material be.kept on site and erosion controlled? A,/a r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 11if s. Will wetlands be crossed in transporting equip- ment to the project site?.--&-,, If yes, explain the steps that will be taken to lessen en- vironmental impacts. ills, S, Mkif ,- EY STABILIZATION ., _ - z, a. Length of bulkhead or rip?r.?ap. ,, 3 b. Average distance waterward of mean high water or normal water level S" c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material b r,`c h C'.: fe e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material /? ,A4 2 8 t??DDI -10- NAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (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 for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 t/z 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 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 requirements and it must 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 pem-iit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name M,\ Sr?cKSu??- Address L?} c, 9.;-8RoPe i1 C -Z Zy %92 -y Name Ali-. } Y) A Y ? `tie c: 1C1 r L_ ; L L Address( in nv Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFIC ATLQN AND FERMIS SION 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 condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted 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 ap- plication and follow-up monitoring of project. This is the 7 day of 19<7q. X Lgndow r or thorized aWlt Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. 3 i Z'o't?v,ew•PI?fi, ? SCAI.e I h A C nl34- .119 i \ ?E /1% ?h Q? \r lY r x???U I 17 er T? ` l• L6v Vap or Lot No.(1,8 J jvr` do©ch vL" ?? Isom Kill 7a., Xa hirq;ton Co., I..C. scaloo t 1" = 50, ?'' Evvia©d January 15, 19/1) Olt" o v 3 0 0 a3 v O A? 0 1 03 n -o ?fil a. CQ Ci fD ?+- tirn ? \ r 0 r?? ?A LC p 11 a c..? I -P, o ?y 3?0 Z V P. I %L-, " Tr q; {or 1 ? O ?o C-4 3a /?rrc 4e 7 f?(2ffro r L C o 0 -r n -O ? ? b DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application:fo/r State Federal CA/MA /mot.' t(s) from A. PERMIT: X This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This 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. u Certification is required for -C-' this project. Such action to process the certification has been initiated. Proposed Certificaill be?.ated on or after l/G?ZQ7 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. 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 DIVIS ION OF ENVIRONMENTAL MANAGEMENT