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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 C9 ?(s Jf' ,L• ,.,[(` ?`"L•L iii :'ifF Co?s\\` S •??? P , CG' ?iU IVI ti C G ?? "\`pt - P?\??\\? is PG` o b?c A? ors 16- `,ds Pc ?Se oS 3?? or`?\???? \cl`\ of ?\?????\?,??,?? 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` I, ?a G?Yh C?v?- lUw?? ur 5 .2eYV3 • GI ?. I? ?IL•.) T ?J !l-U' 1. ?G?FU?`(1?i? U/ J>[ rZ l?/?l,r,.vG7U?, /UL Z?yo ? Gv ? S/ft Yiptl9L P. U Box P38 Wrightsville Leach, N C. 28480 919/256-3062 S/0c tha" • JUL X990 i; ?.It? ?vcKr+t7?? ` A)6 I 2 i ??I rdu E(J jf0/Zrn,? ?ji"?i l /Z TCn r 6NT JJHt/r,1. _ . , 131 a04?p64a 4A1•E L ?,/?lm„G1?t?N( 2b'y?s' Li/ilwiwJ? NL it l M „5-1?? N /? Sr 100 `?u? , Nl! 00 s. \ t ° ?a + h-UTOH CAE ' nqb 17 noon rro an b PONS / i aLwonrn no ?ti.. o?ta A twit 'S ? ? aAwaoaca raver o J r? /. PAGES % 52..., mod, Qv?c'F ' C?tc`(-J`}f 4N ?"q'\ S, (nftY n? 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