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Home My WebLink About19890176 Ver 1_Complete File_19890101 Comments conce A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. , T is office has no objection to the issuance of the permit(s) for the proposed projec 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. CERTIFICI IKON 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,. 1977, for sewer line construction B) No. 1272 issued on November 10, 1978, for bulkhead construction. C) No. 1273 issued on November 10, 1978, for discharges of liquid effluent from diked upland disposal D) No. 1431 issued on October 16, 1980, for boat ramp construction. E) No. 1.664 issued on September 8, 1983, for Rip-Rap Placement. F) No. 1665 issued on September 19, 1983, for incidental bridge construction. areas. A _ . WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION • DIVISION OF ENVIRONMENTAL MANAGEMENT Date: March 15, 1989 To: Bill Mills Operations Branch From: James H. Gregson S't?" Wilmington Regional Office Through: Donald Safrit? Wilmington Regional Office . ?D ";A t Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8903-A Fred Merrit New Hanover County PROJECT DESCRIPTION: The applicant proposes to construct a 235' x 5' pier with a 22' x 22' T-Head. ADJACENT WATER BODY: AIWW CLASSIFICATION: SA STATUS: Closed The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will not require a 401 Water Quality Certification. 2. 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 - Tere Barrett WiRO, CF P Investigation type: Dredge & Fill CAMA X Investigative procedure: (A) Dates of site visit 8/18/88 9/19/88 (B) Was applicant present yes no Processing procedure: Application received 2/23/89 Office WIRO 1. Applicant's name Fred Merritt 2. Location of project site 1068 Seabreeze Road, Adjacent to AIWW, just north of Snow's Cut New Photo #17-212 Grid #M-5 77 53'22", 33 03149" 3. 4. 5. 6. Site description: dependent (B) AEC(s) involved: (C) Water dependent: (D) Intended use: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT (A) Local Land Use Plan New Hanover County Land Classification from LUP Conservation Development constraints identified in LUP Water Ocean Hazard Estuarine Shoreline X Coastal Wetlands X Public Trust Waters X Estuarine Waters X Other Yes X No Other Public Private Commercial X (E) Type of waste water treatment: Existing None Planned (F) Type of structures: Existing None Planned Pier (G) Estimated annual rate of erosion None Source 7. Habitat description: AREA (A) Vegetated wetlands: Mixed Distichlis spicat Borrichia frutescens/ S Dredged Filled Spartina patens/ tina alternaflora ,",lxau Dcrricnia rrutescens/ 6partina patens 120 S.F. Spartina alterniflora 800 S.F. (B) Non vegetated wetlands: (C) Other: Open water (D) Total Area Disturbed: Other shaded 100 S.F. 515 S.F. 8. ' Project Summary Applicant proposes to construct a pier, 235' x 5' to a T-Head 22' x 22', to serve commercial fishing boats for his seafood house next door. Fred Merritt Page Two 9. PROJECT DESCRIPTION The project site is 80' wide x 213' deep, adjacent to the marsh and AIWW in the Seabreeze community of New Hanover County. This lot is on S. Seashore Road, directly north of Snow's Cut. The lot itself is vacant, and used mostly for parking for customers of Seabreeze Seafood next door. The lot averages 2' above mean high water, and grades from high ground, mostly void of vegetation, to "404" type vegetation, to coastal marsh. Directly adjacent to the property is a mixed marsh of Distichlis spicata, Borrichia frutescens, Spartina patens, and sparse Spartina alternaflora. This extends for approximately 20' before encountering a slightly raised area of Borrichia frutescens and Spartina atens, which continues for about 24'. The Spartina alternaflora marsh begins here and extends for about 160' before yielding to open water. The water at this site is classified. SA by DEM, closed to the taking of shellfish by the Division of Marine Fisheries, and is designated a Primary Nursery area also by D.M.F. The waterway is approximately 650-700' wide at this point. The applicant proposes to remove the non-functioning remnants of a pier existing on the property. He proposes to replace it with a pier 235' long and 5' wide, elevated over coastal marsh, and joining a 22' x 22' dock. The intended use of the project is for temporary dockage of commercial fishing boats servicing Seabreeze Seafood, of which the applicant is part owner. The proposed dock would moor up to- 5 fishing boats. No fuel service will be associated with this project. The established use of the area has traditionally been commercial fishing, and there exists a pier now serving that purpose on the Seabreeze Seafood property. The pier would begin on high ground. It would span 20' of mixed marsh (Distichlis spicata, Borrichia frutescens, Spartina patens, and Spartina alternaflora) and 24' of mixed Borrichia frutescens, Spartina patens before encountering Spartina alternaflora. From here it would run for 160' to open water. The remaining 31' of pier, and the 441 s.f. dock would be over open water. The length of the entire project is 257'; of this, only 53' extends past the marsh line. This is keeping well within the 1/3 rule and is 85' from the near edge of the federally maintained channel. It does not exceed the established pier length in the area. The depth at the project end is -4'mlw. The project is set 17.5' off the property line to the north, and 56.5' off the property line to the south. 10. ANTICIPATED IMPACTS The pier will shade approximately 200 s.f. of mixed marsh, and 800 s.f. of Spartina alternaflora. The remainder of the pier and associated dock will incorporate approximately 515 s.f. of public trust water. Total incorporation of coastal resources will amount to 1515 s.f. There may be a slight increase in use of the area by commercial fishing vessels due to this project. Submitted by: Tere Barrett Office: Wilmington Date: March 1, 1989 Please type or print. Carefully describe all an- ticipated development activities, including construc- ion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write NIA (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. :.ar?;* .i?.,,' ? •sf:'yntiy+/.3?K.til:?u E' j. '','TNAPPLY !'" A'S"Ny ?T a. Name Fred L. Merritt Address Rt. 5 Box 501-D City K i n g State N. C. Zip 27291 Day phone ( 91 9) 983-2429 Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. ..,:V`. ..'ry?r??sa x.ayx- r•::s::?+`:sl?>.?v?P..",c•?)4Q'pr?"$,U:bF?}?!E: ,'y?'^c ?2 ` LO C A'TI N_OPROPOS? , PRQJECT? YL<..' Y Yom` " ?. ri• .. .t,?. K - i t4 i'r=_:'ttkti•Z?`r i?ai:+t? F7'fl+'Jrt'?'? ? i 'Y ?. a. Street address or secondary road number S Seabreeze Rh b. City, town, community, or landmark Seabreeze c. County New Hanover d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project I A W W 3 DESCRIPTION,!,. T TW USEANNFOF PROPOSED;PR;"R.•J:E';r',?.MiTtiz d. Describe the planned use of the project. Boat Pier Cassia :,'i a. Size of entire tract b. Size of individual lot(s) 8 0 ' x 213 ' c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 21- d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract Grass f. Man-made features now on tract Pier Remains g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? W If. so, by whom? 5 UPL"AND DEVELOPMENT ` Complete this section if the project includes any upland development. a.. Type and number of buildings, facilities, or structures proposed . w„ Number of lots or parcels a. Describe all development activities you ro os Y p P w "' °Detlsity (Give the number of residential units G: (for example, building a home, motT1F?marina, FB at d'; ?he units per acre.) bulkhead, or pier). c? C,,.. '` P i P r 51ze of area to be graded or disturbed -Al dllm* one 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- „8isturbing activity begins. If applicable, has a isting project, new work, or both? sedimentation and erosion control plan been _ Roth submitted to the Division of Land Resources? c. Will the project be for community, private, or commercial use? f. Give the percentage of the tract within 75 feet Commercial of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or 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 En- vironmental Management7 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 be the elevation above mean sea level of the first habitable floor? 6 EXCAVATLOI D L a. Describe below the purpose of proposed excava- tion or fill activities (excluding. bulkheads, which are covered in Section 7). Length Width Depth __F_T Access channel (MLW) or (NWL) Other (break- water, pier, boat ramp, ?(\ rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marsh- land, swamps, or other -wetlands? e. High ground excavation, in cubic yards 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, swamplland,'or water areas? k. Will the fill material be placed below mean 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? p. Dimensions of the wetland to be filled 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, dragline, backhoe, or hydraulic dredge)? 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. ELXEK?S?T A:BILIZATYOIr,: a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level - c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 2 j8 ADDITIONAL! INFORM E 'n ?;. 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 V2 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 permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). 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.??TL?N ND 3PERIviIS e?;';SION,TO?BN?T?ER?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 day of r? J .7 19 19' Name X -7,x Address Landowner or Authorized agent Name SPahreeze Seafood Inc Address 1.0r)8 SPahreeze Rued _ 1^ Tg t e n , W. E 2:7 4 0 8 Name Address 9"9<) y- j Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the snap on the inside front cover for the appropriate DCM office and addresses and phone number. G i 1 , i ? \ ?k.EE.'GE. L6" T :i r>A? ' LWEQ UE '?J.'.. ' iiEVEIC?PED) FUEL PUMP ?c4?w ?J 'L 4 G. " "? I F? CA i U? ? I I i i j ? I . ?, i \ i .r I ? If `, ?-1?.??? S. ?,-??V?? ?z?'• Val{1l1 ?c71r?- ? 'v ?? i i ?? i