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HomeMy WebLinkAbout19900296 Ver 1_COMPLETE FILE_20010406DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION i Comments concerning an application for State Federal CAMA Permit(s) from A. PERMIT: 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 Oroject 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) B) C) No. 1179 issued on January 25, 1977, for sewer line construction No. 1272 issued on November 10, 1978, for bulkhead construction. No. 1273 issued on November 10, 1978, for discharges of liquid effluent from diked upland disposal areas. D) No. 1431 issued on October 16, 1980, for boat ramp construction. E) No. 1664 issued on September 8, 1983, for Rip-Rap Placement. F) No. 1665 issued on September 19, 1983, for incidental bridge construction. WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT DF/CAMA/401 REV PROJ # : 00 $0'1- PROJECT: f IICOUNTY : G?4A-REGION ASSIGNED TO: DEBORAH SA R JOINT NOTICE.// TYPE CERTIFICATION RECOMMEND DATES O/ Z9 404 PN 401 REQ: ISSUE: RECEIVED: q0 CAMA ONLY: GC: DENY: INITIAL REPORT: DF/CAMA SWP HOLD: FI REPORT: RECEIVING STREAM: ' CLASS: $?- BASIN: COMMENTS: Ala .?-? t 1 Of, Copies: WaRO - Central - Mills - DCM Washington Elizabeth City Morehead City John Parker, Raleigh Central i/1. ... r. ?r9AIt o .r State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. R. Paul Wilms, Director Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: • The attached copy of an application submitted by: City of Elizabeth City Applicant's Name David W. Owens Director Waterfront Park, 400 S. Water Street, Elizabeth City Pasquotank Location of Project County. for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CARA major- development permit... X for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than 2-7-90 Sincerely, h R. Parker, Jr., Chief Majo Permits Processing Section JRP:ap:2480 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733.2293 An Equal Opportunity Afflrmadve Action Employer (A) This office has no objection to the project as proposed. (B) This office has no comment on the project as proposed. (C) This office approves of the project (or project concept) and/or recommends these minor refinements for project management. (D) This office objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e) (1) .. that there will be significant adverse effect of the proposed dredg- ing and filling on the use of the water by the public; (e)(3) ... that there will be significant adverse effect on public health, safety, and welfare; (e) (2) ... that there will be signifi- cant adverse effect on the value and enjoyment of the property of arty riparian amens; (e) (4) ... that there will be signifi- cant adverse effect on the con- servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries. (2) Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7N (or other). -Please site rule. (3) Inconsistency with the local Land Use Plan (please elaborate). (4) Inconsistency with Rules, Guidelines, or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that support findings relating to Dl-4; or provide general comments. Signature Date OFFICE OF COASTAL MANAGEMENT Lat:36°17145" FIELD INVESTIGATION REPORT Long:76012115" 1. APPLICANT'S NAME City of Elizabeth City 2. LOCATION OF PROJECT SITE Waterfront Park 400 block south Water Street, City of Elizabeth City on the Pasquotank River Photo Ref: 84:121-749 T7 3. 4. INVESTIGATION TYPE: DREDGE & FILL_ INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 12/7/89 (B) WAS APPLICANT PRESENT no CAMA X 1/9/90 no 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 1/5/90 OFFICE Elizabeth City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Elizabeth City LAND CLASSIFICATION FROM LUP Conservation Greenway DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP Intended to be left open and undeveloped. Recreation oriented uses will be permitted (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE_ ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES X NO OTHER (D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING N/A PLANNED N/A (F) TYPE OF STRUCTURES: EXISTING. PLANNED Pier (48'x 81) plat (G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE Applicant 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER (B) NON-VEGETATED WETLANDS: (C) OTHER: 944sq.ft. Dee water habitat (D) TOTAL AREA DISTURBED: 944sq.ft. 8. PROJECT SUMMARY: Applicant proposes building a Pier 48'x 81) and "T" platform (56'x 101) on the Pasquotank River for publ c recreational use. r City of Elizabeth City Bio Report Page 2 SITE REPORT The City of Elizabeth City owns 2.5 acres of land along the confluence of Charles Creek and the Pasquotank River which serves as a public park. The project site (park) has a grass picnic area, sidewalks, surfaced parking, a concrete "boardwalk", and two boat ramps. The shoreline is bulkheaded with sheet piling capped with concrete. The poor condition of the bulkhead has forced the City to obtain a CAMA General Permit for its replacement. Vegetation on the site consists of a mixture of turf grasses and several trees: Chamaecyparis thyoides (White Cedar), and Betula nigra (River Birch). Across Charles Creek from the park are several commercial marinas. Adjoining properties west and north of the park are developed and utilized for commercial purposes. The applicant proposes to construct a pier (48' x 81) with a "T" platform (10' x 56') out of approved material. The pier would be located approximately 160 ft. south of the May's property (identified on the applicant's plat) and would run perpendicular to the shoreline. Water depth along the bulkhead is -10 ft. The water depth 50 ft. waterward of the bulkhead is approximately -17 ft. deep. The proposed pier and platform are intended for public benefit and will be financed jointly by the state (Estuarine Beach Access Program) and the City. ANTICIPATED IMPACTS The proposed project will cover 944 sq. ft. of public trust/estuarine waters. The pier/platform alignment may restrict traditional boat movement from Charles Creek to the Pasquotank River. During warm weather, this traffic can be heavy. the public boat ramp at the park is quite popular with recreational boaters. There are no wetlands or submerged aquatic vegetation in the project area. City of Elizabeth City Bio Report Page 3 CAMA REVIEW This project is consistent with LUP classification of "Conservation significance has been attached to the the City of Elizabeth City's Causeway." No archeological site. Submitted by: Richard L. Watts January 15, 1990 01 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 City of Elizabeth City Address-P-0 Box 347 CityEl i zabeth City State N C Zip 27909 Day phone( 919) 338-3981 XXXX Landowner or Authorized agent b. Project name (if any) Waterfront Park Access c. If the applicant is not the landowner, also give the owner's name and address. n/a 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? new wnrk c. Will the project be for community, private, or commercial use? Commumity (public) use d. Describe the planned use of the project. Tn provide area citizens and tourists with extended use of the waterfront and the parr}uatank River 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract two and one half acres b. Size of individual lot(s) n/a 2 LOCATION OF PROPOSED PROJECT a. ? t€eetpddress r sfcoV8y b oc kuTber Water S t aerront?ar, b. City, town, community, or landmark Elizabeth City. N. C. 27909 f• c. County Pasquotank County d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body p f water nearest project asquotan ever 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 4' +/- d. Soil type(s) and texture(s) of.,iract n/a e. Vegetation on tract n/a 9. Man-made features now on tract concrete walk and boat ramp. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) XXX Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Waterfront Park is zoned R6 i. How are adjacent waters classified? Estrine waters a. Describe all development activities you propose (for J. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carded out for the tract? N_ If so, by whom? or pier). We 12rnnnep to hui 1 d a nir er as shown on the enrlnseri nlan and a hoardwalk nn the landward tide of the bulkhead 5 UPLAND DEVELOPMENT Complete this section if the project Includes any land development. a. Type and number of buildings, facilities, or structures proposed n/a b. Number of lots or parcels n / a c. Density (Give the number of residential units and the units per acre.) n!a in. Watersupply source n/a n. If the project Is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. n/a d. Size of area to be graded or disturbed e. 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?. n/ a o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? n/a 6 EXCAVATION AND FILL INFORMATION f. Give the percentage of the tract within 75 feet of a. mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. n/a g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. -n/a h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? n/a 1. Describe proposed sewage disposal and/or waste water treatment facilities. -n.4a j. Have these facilities received state or local approval? n/a k. Describe existing treatment facilities. -/a 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, Industrial/commercial effluent, "wash down"). na' 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) Fill placed In wetland or below MHW Upland fill areas Length Width Depth VS ft. it ft. 56 8. ft. - 10 ft. - pier Platfo 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 marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 2 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. 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 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 equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap n/a sion during preceding 12 months, in c. Shoreline?ro feet n fro d. Type of bulkhead material n / a e. Amount of fill, In cubic yards, to be placed below mean high water n / a f. Type of fill material n / a S ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to cant' out the project. An accurate work 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 710203 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. b. Average distance waterward of mean high water or normal water level ,/o Name Mrs. Shirley Mays Address UZ S. Water St. za a y, U. Name Mr David P. Bosomworth Address 1523-Hopkins Dr. Elizabeth City,. C. 27909 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Gereral Permit NO. 5590 A (May 121989) A check for $100 made payable to the Department of Natural Resources and Community Development to cover the costs of processing the application. 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.c.S. 11IA-1 to 10). 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 teview agencies to ehter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is day of 1J , 19 X Lan owner or Authorized agent LULHI IUIV I'IH1' v T5. 4 ?i ?. U i C 3.S y L b x z - x ?- C 1 Ing I r > it? .? J 7 ................. O 6 U I 7 CY Y ??N ARKI ARE x GOOK b 1 f 0 O xI.9 STREET ' 6 O v- - x x0.3 / ,O cl cl, b O/A to CL P/A PARKING AREA NCGS r? P/ AI S•S WATER x P/A . i x5.3 IS X1.9 x5.9\ 0 v ? ? k v' O PARKING AREA x7.1 O V , 0 Q ?? C I \ y?? Q x9.6 ' ] ?1 ??? xzI CaO? ?z It 1`? Y Y C:3 1:3 Qj CIO aj ?ppR? 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