HomeMy WebLinkAbout19900220 Ver 1_COMPLETE FILE_19900101
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concernYng an application for.State Feder
CAMA Permit (s) from /, X
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
project with the following conditions
X 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
L 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,
ment
Pl
R
Ri
1978, for bulkhead construction. .
ace
ap
p-
1983, for
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. 71
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
Y
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: July 18, 1990
To: Bill Mills
Operations
From: Michael F.
Wilmington
Through: Dave Adkin
Wilmington
Branch
Williams
Regional ffice
s
Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 9007-K
Norma Barr, 8424 Bald Eagle Lane
New Hanover County
PROJECT DESCRIPTION: The applicant proposes to construct a new
wooden bulkhead, 90 feet in length, 2 feet waterward of an
existing asbestos bulkhead which is in poor condition.
Approximately 40 cubic yards of backfill material from an upland
site is proposed to be placed between the two structures.
ADJACENT WATER BODY: AIWW
CLASSIFICATION: SA-ORW STATUS: OPEN
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 are
to exceed 25 NTU.
This office has no objection to the project as proposed.
MW:9007-K.DOC
cc: DCM - Tere Barrett
WiRO, CF
, e
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Norma Barr
2. Location of project site 8424 Bald Eagle Lane (S.R. 1401) in Porter's Neck
adjacent to the AIW6a in New Hanover County, 34 17' 3811, 77,-', 45' 0011, 1989
Photo No. 4-174-18 Grid V-8, 1984 Photo No. 18-233 Grid Lr-15
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 6 28/9C_ 5qc
(B) Was applicant present No Yes
5. Processing procedure: Application received 7L/90 Office WiRO
6. Site description: (A) Local Land Use Plan New Hanover County
Land Classification from IIJP Resource Protection
Develcpment constraints identified in LUP None for
_
protects of this kind.
(B) AEC(s) involved: Ocean Hazard Estuarine Shoreline
Coastal Wetlands X Public 'T'rust Waters
Estuarine Waters X Other ,.
(C)
Water. dependent:
Yes X No 41 -
.OtherNO
(D) Intended use: Public Private X Ccumercial
(E) Type of waste water treatment: Existing
Planned
(F) Type of structures: Existing. Bulkhead
Planned
(G) Estimated annual rate of erosion 4' Source Aerial Photo,
Contractor
7. Habitat description: AREA
Dredged Filled Other
(A) Vegetated wetlands:
Spartina alterniflora
(B) Non-vegetated wetlands:
(C), Other:
Open water
(D) Total Area Disturbed:
180 sq. ft.
15 - 20 sq.ft.
160 sq. ft.
8. Project Sum ary Applicant proposes a 2' offset bulkhead replacement for the
failing existing bulkhead. The structure would incorporate 15-20 sq ft of
Spartina alterniflora.
JP
Norma Barr
Page Two
9. PROJECT DESCRIPTION
The project site is adjacent to Middle Sound at 8424 Bald Eagle
Lane (S.R. 1401) in New Hanover County. This is a single family
residential area. The applicant's lot is 3/4 of an acre in size
and averages 10' above mean sea level. The lot is 90' wide and
is bulkheaded. New Hanover County classifies the area as
resource protection, providing for preservation of important
resources. The area is one of high wave action resulting in loss
of marsh over the years and sandy bottom material.
Middle Sound is approximately 600' across at the project site.
The area is not designated Primary Nursery by the Division of
Marine Fisheries, is open to shellfishing, and is classified
SA-ORW by the Division of Environmental Management.
There is currently an asbestos bulkhead on the site. This
structure is beginning to bow and has blown out at one point.
There are raised hummocks, approximately 1.5' in height,
supporting new growth Spartina alterniflora adjacent to the
bulkhead. This is under stress and appears to be very unstable.
The field investigation on June 28, 1990 revealed X25-30:sq.- ft.
of vegetation to be impacted by the project. This area had been
reduced to 15-20 sq. ft. by the July 5, 1990 investigatto, ,The
aerial photographs from 1984 to 1989: indicate approximately 4'
loss per year in marsh vegetation.
There is an elevated boat ramp, a pier and gazebo existing on the
site.
The applicant proposes to replace the.existing 90' bulkhead with
a new bulkhead 2' waterward of the existing bulkhead. This would
incorporate approximately 15-20 sq. ft. of Spartina alterniflora
marsh and approximately 160 sq. ft. of open water. The blowout
in the structure has caused an increase in the daily effect of
the elements on the stability of the high ground.
The bulkhead will be backfilled with approximately 40 cubic yards
of sand from an inland source.
10. ANTICIPATED IMPACTS
The project will incorporate approximately 15-20 sq. ft. of
Spartina alterniflora and 160 sq. ft. of shallow bottom.
Approximately 180 sq. ft. of sandy, bottom material will be
filled.
Submitted by: Tere Barrett Date: July 5, 1990 Office: Wilmington
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Please tape or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, fi-'lg, paving, land clearing, and storrllwater con-
trol. If the requested inronnatibn is not relevant to your
project. write N/A (not applicable). Items 1-4 and 8-9
must I)e completed for all projects.
t
1 APPLICANT
a. Name 25. NKI" n ?_ fin 2-- ------ ---- ----
Ad ress Yj 130-0 L/-GLL_L.?fi "JC- ---- --
Cir, Ut-1111 Statc M
Zip L?! d ---- Day phone U
Landowner or Authorized agent -
b. Project name (if any) - _-
c. If tie applicant is not the landowner, also give the
011A-ler's name and address. ?.?4cntfie.
If you plan to build a marina, also complete. and
attach Poml DCM-MP-2.
b. Is the proposed activity rll'<lilltcilance of an
existing project., new work, or hoth'?
C. Will the project be for conlnlunity, private, or
conlnlercial use?
lLr U1?1Z'
d. Describe file planned use of the project.
S(?l!2-C({1IhtGUvnc 2S 1°/u?Lr? i?7n.1 t 1 S
(- f? /!/N f-fy'q.y_ l CC?Iir}t CJF ?_-I frlL/Nb--
4 LAND AND WATER
CHARACTERISTICS '
a. Size of entire tract-- t 3/y,-
b. Size of individual lot(s)
- ------- 1 c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
'' t Sr?r 3"t How--
2 LOCATION OF PRl7P?OSE.b
PROJECT d. Soil type(s) arld text>_tre(s) of tract
a. Su--etaddress norsecondary rid number f,/
c. Vegetation on tract l/tVA1/??in
b. Cit,-, town, community, or landmark
c. Canty V{?/1? --
d. Is: roposcd work within city limits or planning
jurisdiction? A) o
e. i\'?--1,o.? water nearest project --
3 DESCRIPTION AND P? ANNED USE
OF PROPOSED PROJECT
f. Man=made features now on tract /-MI t <,_-
g. What is the LAMA 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?
?,?;S?ac?fr9L _ -
i. How are adjacent waters classified?
a. D'--scribe all development activities you propose (for j
ex-nlple, utlding a home, motel, marina, bulkhead,
or oier). A ?060 -VutK1tVhD / yffir
Has a professional archaeological survey been
carried out for the tract? If so, by whom?
5 UPLAND DEVELOPMENT
Coll lpletc (Ills section 11 tilt pr ICCI includes any land
developlmem.
it. "Type and iill nlberof bull ings, facilities, or
structnresproposc(j
__.:----------__.-.
1). Number of lots or parcels .--.------------------_---____--
c. Density (Give the number of residential units and file
units per acfC.). _._
d. Size of area to be graded or disturbed
C. If the proposed project will disturb more than one
acre of land, the Division of Land Resources trust
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has it sedimentation and erosion
control plan been submitted to the Division of Land
Resources?
1'. Give tile percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicabl4; has a stormwater management plan
been submitted to the Division of Environmental
Management?
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, "wash
down"). - ------- --- -----------
---------"-----
'7 1c;'on
nl. Water supply sollrc; __: -`=-=------------=- --
i). If the project is occarifrom development, describe
the steps that will l)-, taken to maintain established
public beach accessways or provide new access.
o. If the project is on Uic oceanfront, what will be the
elevation above mein 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).
Length Width b_.pth
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
b. Amount of material to be excavated from below
water level in cubic yards
c. "Type of material
cf. Does the area to be excavated include marshland,
swamps, or other \t,ctlands?
e. High ground excavation, in cubic yards
,
f. Dimensions of Spoil disposal arc,"
g. Location of spoil disposal area --- --_----------_----.___-
h. Do you claim title to the dispoSaiarea? ._.----
If not, attach a letter granting; pcililissioll from the
o",ncr.
Will a disposal area be available for future
maintenance?
---- - -- - If so, where? ---- ------ -
Does the disposal area include any marshland,
swamps, or water areas?
c. Shoreline erosion during preceding 12 months, in
fce't ft7- AILED S'£C P )N - uQ'?'If )M
d. Type of-bulkhcad material
c. Amount of 1111, in cubic yards, to he placed below
file III high water ___ ?_`7?C)LH. ?S• ___.--________
f. I'v ?c of fill material
I ;•. ? •. --`{;;'tip I?
r
c 390
ate..
8 ADDITIONAL INFORAIO,N,,
III addition to the complctcd application form, laic follow-
ing items must he submitted:
k. Will the fill material be placed below mean high
water? YES
1. Amount of fill in cubic yards _ t vl? i ps
III. Type of fill material SL
n. Source of fill material Sov&"
o, Will fill material be placed on marsh or 00-1cr
wetlands?.VAJ__.___. ---.----_____--
p. DIIr1CIISIonS of the wetland to he filled
Er -- -----
A copy of the deed (with state application only) or other
instruITICnt Undcr Which Lhe 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 instrun.ent under which the owner claims
title, plus written pennission from the owner to carry out
the project.
An accurate `york 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 ?J.0203 for a detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled?
Al ?i /r?zc _bvp v0 6k iklllb
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? &k",e__ - ,
s. Will wetlands be crossed in transporting equipment
to project site? -VQ If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
i
a. Length of bulkhcad or riprap J0
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. reap is a pail
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) Iandow"Cf s. 't1resc in-
dividuals have 30 days in which to submit comments On
the proposed project to the Divi,?iorr of Coastal Managc-
nlent and should be advised by the applicant of that op-
portunity.
h. Average distance watcrward of mean high water or
normal water level _?' __ _
-------
Address
Name _I.,ti?GfrTOR?!lS---
?AddressY2J r!_G /114-:-- - --- -
Oil LVA
-
Name
Address
--- ----- -------- -- - - - --- --
A list of previous state or federal perinits issued for
work oil the project tract. Include pennit numbers,
perilllltec, and Issuillg dates.
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any penllit issued in response to this application will
- allow only the development described in the application.
-- The project v;ill be subject to conditions and restrictions
Comained in the pcrrllit.
I certify that to the best of Illy knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be coil-
dUCled in a manner consistent with such program.
I fltrther certify thaLI 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 tliis permit application and follow-up monitoring of
project. ? q
This is the day of JN/ , 19! 6
X
Landowner o Authorized age t..
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 : xt a F ?? cr
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).'R`
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P. U Box P38
Wrightsville Leach, N C. 28480
919/256-3062
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PAGES
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52..., mod, Qv?c'F ' C?tc`(-J`}f 4N ?"q'\
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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 NCGS 113A-119(b) and 143-215
3(a)(1)(c) that Norma Barr in New Hanover County, filed an application
on July 3, 1990 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 the applicant proposes a 2' offset
bulkhead replacement for the failing existing bulkhead. The structure
would incorporate 15 - 20 square feet of Spartina alterniflora at 8424
Bald Eagle Lane.
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 and/or the Division of Environmental Management, Regional
Office 7225 Wrightsville Avenue, Wilmington, North Carolina 28403 -
ti
The Division of Environmental Management proposes ',to take "final
action on this water quality certification. on or before AXigvs 13,
1990. The issuance of the CAMA Major Development Perxtit•, dhd_,._ the
Section 401 Certification may deviate from this projectefl date,
depending upon the nature of the comments submitted find subsequent
hearings that may arise.
All persons desiring to make comments should do so in writing to
Mr. Roger Schecter, Director, Division of Coastal Management, P. O. Box
27687, Raleigh, North Carolina 27611 prior to August 8, 1990 for
consideration in the CAMA permit decision, and to Mr. Bill Mills,
Division of Environmental Management, P. O. Box 27687, Raleigh, North
Carolina 27611 prior to August 8, 1990 for consideration in the water
quality certification decision. Later comments on the LAMA 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. ` ^ a 910 11
Publish on July 19, 1990
^, "
45)" 1°r
JUL I?
COASTAL RESOURCES