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HomeMy WebLinkAbout19920454 Ver 1_COMPLETE FILE_19920101I 9 To: John Dorney Planning Branch i ?. JAN 12191 WETLANDS GROUP WATER OUALITY SECTION CAMA/COE PERMIT APPLICATION REVIEW WaRO PROJECT # 7 3 av2 -? --? WQ SUPERVISOR: REVIEWER: SAWYER DATE: WE'T'LAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR.- 92 PERMIT,NO.: PROJECT NAME: PROJECT TYPE: PERMIT TYPE: COE #: DOT #: T19 ,R.P 3 COUNTY: Q ?RAME RCD FROM CDA: ? DATE FROM CDA: REG OFFICE: WaRO AND SUB BASIN STREAM OR ADJACENT WATER BODY: X CLASS: S (!? STREAM INDEX OPEN OR CLOSED: . WL IMPACT. T WL TYPE: WL REQUESTED: f'166 ACR EST: HYDRO CNECT?: IfTL WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: ---WING SHEET ATTACHED? RECOMMENDATION: `U ISSUE/COND DENY STORMWATER PLAN REQ'D. IF YES, PROJECT DESCRIPTION: HOLD #: ri9--S #: 30- 3 (a) DATE APPROVED: ?.• ?•?? WATER QUALITY CERT. (401) CERT. REQ'D: IF YES, TYPE: Y SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSE (EXISTIN DS P ETC.) TO BE PERMITTED BY: (DEM, DHS IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER : S Oc? WETLAND:. ! %'G O IS FILL ELIMINATING A SIGNIFICAN USE? 1 DREDGING AREA TO BE DREDGED: IS DREDGING ACTIVITY EXPECTED TO CAUSE A S;GNIFICANT LOSS OF RESOURCE? /V p-y?P IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: INA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office MEMORANDUM DIVISION OF ENV 0 ENTAL MANAGEMENT TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews on Hold for Stormwater Review Project: Project No.: Date Received: L10 Q / 2--- . i! 7 /3 4 Date Comment: VWJAL46?! zz Z ?"(30.xfi%%2 Description of Project: 9?e W(WOa-ai? Comments: I U-) STA7r ti_VLIVVN?! W,' 3d il?Qfd OFFICE w: •? 1?1 4 5Y State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management Highway 17 South • Elizabeth City, North Carolina 27909 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director 26 October 1992 MEMORANDUM TO: Mr. A. Preston Howard, Acting Director Division of Environmental Management FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Fred Davis Project Location:.Lots 18 and 19 Dances' Bay Colony, Pasquotank County on the Little River. Proposed Project: To place rip rap around an existing pond (300 feet of shoreline) and backf ill. Backfill will be placed on 1,960 square feet of "404" wetlands. No mitigation is proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27, 1992. If you have any questions regarding the proposed project, please contact Richard L. Watts at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY Signed Date Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT {tF?LL.c.N-N_ ? ?''+aal'd'?iiz9C;? ilFF1CE FIELD INVESTIGATION REPORT €?,•, Jr : APPLICANT'S NAME: Fred Davis M LOCATION OF PROJECT SITE: Lots 18 and 19 Dances' Bay Colony, Pasquotank County on the Little River. Photo Index - 1989: 122-11 M-9 1984: 119-776 N-9 State Plane Coordinates - X: 2810900 Y: 896300 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/20/92 10/28/92 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - October 15, 1992 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pasquotank Land Classification From LUP - Conservation and Transitional (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Septic tank and drain field (F) Type of Structures: Existing - None Planned - Single family residence (G) Estimated Annual Rate of Erosion: < 6" Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FIT .i .Rid nTURU (A) Vegetated Wetlands 1,960 square feet "404" (B) Non-Vegetated Wetlands (C) Other 1,500 square feet . Shallow Water Habitat (D) Total Area Disturbed: 3,460 square feet (.08 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: Applicant proposes to place rip rap,around an existing pond (300 feet of shoreline) and backfill. Backfill will be placed on 1,960 square feet of "404" wetlands. No mitigation is proposed. - 40 Fred Davis • Bio Report * Page Two The applicant owns lots 18 and 19 in Dances Bay Colony a subdivision in Pasquotank County on the Little River. Combined, his lots result in a tract size of 56,379 square feet (1.29 acres). The applicant's lands are bordered by the Little River on the south, a canal to the east, a state road to the north and an undeveloped lot to the west. A natural drainage slough crosses diagonally through his lots running southeasterly from the N.W. corner of his lot on the road to the canal approximately 73 feet from the Little River. Elevations of the high ground above mean high water level vary from approximately 1 foot to approximately 5 feet at the highest point on the property. The only man made feature on the tract, is the bulkhead along the Little River and canal shoreline. In 1992 the applicant received a general permit ##8437A to build 125 feet of bulkhead and to repair the existing bulkhead. The natural slough running through the property broadens out to a pond approximately 2,875 square feet in size. A channel (approximately 10' x 35') connects the pond to the existing canal. In 1989, the previous owner of this tract was cited with a CAMA Major Violation for widening the existing channel from the pond to the canal. No restoration was required as the overall water quality was improved by the development efforts. Waters adjacent to the tract are classified SC by the NC DEM and are considered estuarine by NC DCM. These waters are not considered primary nursery areas. Water depths along the shoreline are approximately -2.5 feet deep along both the Little River and canal. The pond depth is approximately -1 feet. The channel connecting the pond and . canal is approximately -1 feet deep. There is no evidence of any pond shoreline erosion. The soils on the tract vary according to the topographic position. The upland area's soils are a light colored, silt loam most probably a Roanoke soil. The areas delineated around the existing pond as "404" wetlands by the USCOE have a dark (black) clay, "A" horizon underlain by a dark blue/gray (gley) clay. Vegetation on the upland soil consisted of an overstory of swamp oak uercus bicolor), shagbark hickory Cara lacinsara, willow oak ( uercus hellos). The understory is made up of dog fennal, groundsel tree (Baccharis halimifolia), golden rod Solida o uli inosa), and small loblolly pine Pi nu taeda) seedings. Vegetation in the disturbed area landward of the existing bulkhead consists of switchgrass (Panicum yir atum), broomsedge (Andropoeon), and dallisgrass Vir inicus). Vegetation in the "404" areas consists of a few bald cypress trees Taxodium distichium), sweetgum trees (Liquidambar styraciflua), swamp oak ( uercus bicolor) and. an understory of soft needle rush Juncus effusus), groundsel trees Baccharis halimifolia), cat briar Smilax V.), and various sedges (Carex sue.). t 6 Fred Davis Bio Report Page Three There are no submerged aquatic plants in the pond. Emergent vegetation along the shoreline consists of patches of pickerelweed (Pontederia cordata), soft needle rush Juncus effusus, and cat-tail (Tvphia ,sue.). The cat-tails have been planted by the applicant. The applicant proposes rip rapping the shoreline of the existing pond and channel with granite stone to enhance the aesthetics of the property. He proposes placing the rip rap a maximum of 5 feet waterward of the normal water level (NWL). The rip rap will slope landward with a maximum height of 1 1/2 feet. The applicant desires to backfill the rip rap with clean fill material around the pond to a depth of approximately 1 foot. The applicant calculates 21.8 cubic yards of fill will be needed to accomplish his goals. 1,960 square feet of "404" wetlands will be filled. The USCOE has issued the applicant a Nationwide Permit No. 18 for this wetland filling activity. Anticipated Impacts The proposed project will result in the loss of 1,960 square feet of "404" wetlands. The shallow water of the pond should result in the re-establishment of some emergent vegetation. Water turbidity will be increased by only a small margin temporarily during the development phase. Water quality should not be impaired by this activity. CAMA Review The proposed project is not located within an area identified as having significant archeological or historical significance. There are no known remanent or endangered plant or animal species on this tract. The site has no unique geologic importance. A review of the projects Land Use Plan consistency will follow under separate letterhead. Submitted by: Richard L. Watts Date: November 5, 1992 RECEtVEU Plegse 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 pfroject, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name_ 1 re d A. q Li! S Address Z Z 9 ?; n_ l) r t ?C? nM If you plan to build a marina, also complete arw.",' pr attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Bet y c. Will the project be for community, private, or commercial use? PrI lie IL-k- e_ City 4h 20 ke • 6. State Al C Zip_ AT? Pq _ Day phone '111 330 4/3 `1 d. Describe the planned use of the project. G--- 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. C. 2 LOCATION OF PROPOSED PROJECT d. a. Street address or secondary road number ,Ccr /S f /q lh'10 36_ e. i 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract .37'7 ta , b. Size of individual lot(s) Elevation of tract above mean sea level or National Geodetic Vertical Datum Soil type(-" and texture(s) of tract Ja •,, 2_0a. r0 Vegetation on tract aiK o . , 60coaL4 r on-k- b. City, town, community, or landmark A6v?5 d3Ay ('?2?r?n?t 1 f. Man-made features now on tract a.1Khe,• . S ? rAl pip, c. County RA S Aqt `fVV K What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) d. Is proposed work within city limits or planning jurisdiction? Al/ () Conservation Transitional e. Name of body of water nearest project Developed Community /_/_/_-t/e. R t VE2 Rural Other 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT h. How is the tract zoned by local government? 41d T Zc7h p i. How are adjacent waters classified? a. Describe all development activities you propose (for j, Has a professional archaeological survey been example, buil 'ng a hotme, motel, marina, bulkhead, carried out for the tract? d,1n If so, by whom? or pier). pe) n ct W ? t h 3/91 5 UPLAND DEVELOPMENT Compplete this section if the project includes any land crevefopment. a. Type and number of buildings, facilities, or structuresproposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) 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? f. Give the 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 applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage dispcsal a;id/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"). 1 m. Water supply source n. If the project is oceanfront debelopment, describe the steps that will be taken to maintain established public beach accessways or provide new access. n. If the project is on the oceanfront, what will be the elevation above mean 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 Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MIIW Upland fill areas 300 Xffl- ?}+,+.:,'iii. • ?. Sri::.{ b. Amount of material to be excavated from below water level in cubic yards c. Type of material ?yL o d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards A/A 3/91 9 Dimensions of spoil disposal area $. Location of spoil disposal area il/i?} h. Do you claim title to the disposal area? /V/7 If not, attach a letter granting permission from the owner. L Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? /v/3- c. Shoreline erosion during preceding 12 months, in feet l P Ss 7 fb a.,-. ?v? c kc? d. Type of bulkhead material ?ra v?'? 're. r t P- e. Amount of fill, in cubic yards, to be placed below mean high water 3 3 e.?.?• 4 d f. Type of fill material 5<>0 ?wc,,,J Nl /. ) I \J 8 ADDITIONAL INFORMATIQN;g, In addition to the completed application form, the follow- ing items must be submitted: k. Will the fill mate 'al be placed below me high A copy of the deed (with state application only) or other Z__ water? instrument under which the applicant claims title to the t,r) rfa Np affected property. If the applicant is not claiming to be 42 1. Amount of fill in cubic yards 33 --?-Q-o the owner of said property, then forward a copy of the m. Type of fill material C/?Q 37)j2 o+ I ?1--C_' lay deed or other instrument under which the owner claims title, plus written permission from the owner to carry out n. Source of fill material .rouser 1 nct yr a-,e d the C'ta..q FVc.r+ drodginq pY?jfc.t- eA r4?t•c<r;-k t- it,r project. o. Will fill material be placed on marsh or other wetlands? cT_ c?»+ta.,.a p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? Vi? ?Q _ P?aPd . r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? A Ae Kh a e-- s. Will wetlands be crossed in transporting equipment to project site? /140 If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead r ripra J o o b. Average distance waterward of mean high water or normal water level 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 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 18 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 adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. C 3/91 • Name ' lT rG??tot? ?1 ?0.Vv1!i Address ('.D. Bex 40(?, _ ELI ZAA E" C /Yy Al. C • Voq Name (??.,l?r? w• ??t?? ??5' Address P. 6. 13 D)( 17 6 el -&Li2A/3&7nl fy:V Al- 1. 9 740 Name Address A list of previous state or federal pernills issued for work on the project tract. Include permit numbers, permittee. and issuing dates. A check for $250 made payable to the Department of Environment, Ilealth, and Natural Resources 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.G.S. 113A-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. 1 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 'act, grant permit; ,ioi, to represcntat-ves of state nand federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the -4- day of Z._. X - Land_caner or Authorized agent Inrc 9 J„-w.:.. tl 4 3/91 DEC-16-1992 14:56 FROM EHNR WASH REG OFFICE TO 151yr??1??0 N.?1 -- -... Yf:aSH NGTON QFFiCE , State of North Carolina .w yr, Department of Environment, Health and Natural Resources Division of Coastal Management Highway 17 South • Elizabeth City, North Carolina 27909 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director 26 October 1992 MEMORANDUM TO: Mr. A. Preston Howard, Acting Director Division of Environmental Management FROM. John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Fred Davis Project Location: Lots IS and 19 Dances' Bay Colony, Pasquotank County on the Little River_ Proposed Project: To place rip rap around an existing pond (300 feet of shoreline) and backf ill. Backfill will be placed on 1,960 square feet of "404" wetlands. No mitigation is proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27, 1992. If you have any questions regarding the proposed project, please contaot Richard L. Watts at (919) 264-3901. When appropriate, in-depth comment4 with supporting data is requested. REPLX_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached- This agency objects to the project for reasons described in the attached comments. J Signed- Date ?--- Rouge 6 Box 203, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 An Equal Opportunity Affirmative Action Employer TOTAL P.01 Sete of Nlor.th Caroiii?a DepartriTeznt of Enviionxx?ez?.t, Health, and Natural Resources Division of Rnvixonmental Man?m,?,rnen.t P.O. Lox 29535 gh, INTC 27626-0535 FAX4 919/133-1 TEr COPY T0: Fk>f ???IJI bEP.: I ? PROM: PHIM-TE: 13 -3 -78 Nr0. OF PA.6ry--S, LNCUODING• COVER SBEFT: Z 4r..,- TRANSMISSION REPORT ( DEC 16 '92 03:08PM ) ******************************************************************************************** * * * DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE * TIME IDENTIFICATION PAGES CODE NO. * * * * * DEC 16 03:07PM DIV OF COASTAL MGMNT G3 ST 01'12" OK 02 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 ». ST,uc4 4 A a? State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor September 10, 1992 A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary Acting Director Mr. Fred A. Davis 228 Small Drive Elizabeth City, North Carolina 27909 Dear Mr. Davis: Subject: Proposed Fill in Headwaters or Isolated Wetlands Residential lot fill Pasquotank County DEM Project # 92454 Upon review of your request for Water Quality Certification to place fill material in 0.045 acres of wetlands for lot fill located at lots 18 and 19, Dances Bay Colony, Pasquotank County, We have determined that the proposed fill can be covered by General Water Quality Certification.No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. An additional condition is that septic tank drainfields may not be placed in filled wetlands. If you have any questions, please contact John Dorney at 919/733-1786 or 919/733-1787. Sincerely, reston Howard, Jr. P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Regional Office Washington DEM Regional Office Mr. John Dorney Central Files REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer ..t.4u. TRANSMISSION REPORT ****************************** ( DEC 10 '92 12:53PM ) * * * * DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE * TIME IDENTIFICATION PAGES CODE NO. * * * * DEC 10 12:52PM DIV OF COASTAL MGMNT G3 ST 01'12" OK 02 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of 1lor. h Carolina Depai tni-,rit of En-vii onxxren.t, Hcalth, and Natural Rcsour-ces Division of 1?nvironmntal Vian gQ,-micrat P.O. Loa 29535 P.2leigh, INTC 27626-05'.5 WA TEP. OUA I ? Y SECTION AX # 919x33-1:332- ET. COPY TO: NO. OF PAG-CS, INC..ODINIG COVER SSA,-T IC6?0)- C??- I MEMORANDUM V TO: John Dorney Planning Branch SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)*** PERMIT_YR: APPLICANT NAME: PROJECT-TYPE: COR #: RCD FROM CDA: REG OF VE: 92 PERMIT-NO: 0000454 COUNTY: FRED A. DAVIS RESIDENTIAL FILL PERMIT_TYPE: DOT-#: APP DATE_FRM CDA: WARO RIVER_AND_SUR BASIN #: 'CLASS: 3C, STR INDEX NO : WL_IMPACT?:®N WL REQUESTED: HYDRO_CNECT?:ON MITIGATION?: YAV MITIGATION SIZE: WL_TYPE: a 261992 WL ACR EST? : Y,® WL_SCORE(#): MITIGATION TYPE: IS WETLAND RATING SHEET ATTACHED?: Y(T) COMMENDATION (Circle/One): ISSUE /COND ENY COMMENTS: cc: Central Files INITIALS: Reviewer; WQ Supv• Date : ,/99Z yY. , DEM ID: Zs ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT fl : / JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING ;CORPS OF ENGINEERS DIVISION OF ENVIRONMENT MENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO TR HgAL f'H? U F a " "P.O. BOX 1890 AND NATURAL RESOURC WILMINGTON, NC 28402-1890 P.O. BOX 29535 ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 " I ! 1992 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-508 WETLANDS GROUP WATER QUALITY SECTION! ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.- SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. OWNERS NAME: Fred A. Davis OWNERS ADDRESS: 228 Small Drive Elizabeth City, NC 27909 OWNERS PHONE NUMBER (HOME): 330-4391 (WORK): 335-0587 4. IF APPLICABLE. AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: NJA 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY : Pasquotank NEAREST TOWN OR CITY: Elizabeth City SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Lots 18 & 19, Dances Bay Colony, at end of S.R. 1220 6. NAME OF CLOSEST STREAM/RIVER: 7. RIVER BASIN: Pasquotank Little River 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [X] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X] IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 0.045 Acres 3/30/92 ov - -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: 0.045 Acres DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 0.045 Acres 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Filling of low lying areas around periphery of small inlet. 13. PURPOSE OF PROPOSED WORK: Increase the area of useable land. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Incompatible with proposed land use . Fill to be seeded to prevent erosion into watershed. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU.-DONE SO? YES [X] NO [ ) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. ADDITIONAL`INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH- COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Individual Sewage System Z OWNER'S SIGNATURE DATE ko) DEM ID: Z ACTION ID: NATIONWIDE PERMIT AP LIED FOR (PROVIDE NATIONWIDE PERMIT fl : / JOINT APPLICATION FORM FOR ?M 'fb,1.f?? NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGI 72- NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CO RREN < 99? NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTCAT1 ? o R?H ! at?.` WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING 6' seryt??on CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL M EM0*14? .? DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRON , , P.O. BOX 1890 AND NATURAL RESOURCE D WILMINGTON, NC 28402-1890 P.O. BOX 29535 ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 Al,)G 1992 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE.." ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: Fred A. Davis 2. OWNERS ADDRESS: 228 Small Drive Elizabeth Citv. NC 27909 3. OWNERS PHONE NUMBER (HOME): 330-4391 (WORK): 335-0587 C M c 4. IF APPLICABLE' AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ?B l E a? PHONE NUMBER: NJA 0?012 1; 2 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Pasquotank () •_ ki a F- NEAREST TOWN OR CITY: Elizabeth City ??- L SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): E ' Lots 18 & 19, Dances Bay Colony, at end of S.R. 1220 v c c •. ° a C ? K 6. NAME OF CLOSEST STREAM/RIVER: Little River 15 t: $ z° v 7. RIVER BASIN: Pasquotank --- - , 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW 4 W,-.: WS I, OR WS II? YES[ ] NO [X ] 1 ?? 9. HAVE ANY SECTION 404 PER MITS BEEN PREVIOUSLY REQUESTED FOR USE ON T ?- PROPERTY? YES [ ] NO [X ] IF IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING ?. WETLANDS, LOCATED ON PROJECT SITE: 0.045 Acres 3/30/92 DEPARTMENT OF THE ARMY ILAINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 ® WILMINGTON, NORTH CAROLINA 28402-1890 September 29, 1993 y REFER TO Regulatory Branch Action ID No. 199201066, Nationwide Permit No. 18 (Minor Discharges) and State Permit No. 144-92 Mr. Fred A. Davis 228 Small Drive Elizabeth City, North Carolina 27909 Dear Mr. Davis: Through coordination with the North Carolina Division of Coastal Management, we have learned of your plans to place riprap and fill material in approximately 3,460 square feet of wetlands on Little River, Dances Bay Colony, Pasquotank County, North Carolina. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you comply with your Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM) and your Coastal Area Management permit from the North Carolina Division of Coastal Management (NCDCM). This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. • * -2- Questions or comments may be addressed to Mr. David Lekson, Washington Field Office, Regulatory Branch, telephone (919) 975-3123. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, North Carolina 27909