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HomeMy WebLinkAbout19930333 Ver 1_COMPLETE FILE_19930525State of North Carolina Department of Environment, LTUY74AI Health and Natural Resources AYA Division of Environmental Management James B: Hunt, Jr., Governor Jonathan B, Howes, Secretary H N A. Preston Howard, Jr., P;.E., Director June 3, 1993 Luther Apperson P.O. Box 625 LaGrange, N C. 28551 Dear Mr Apperson: Subject: Proposed fill in Wetlands or Waters Riprap and fill Carteret County DEM Project # 93333, COE # 199302233 Upon review of your request for 401 Water Quality Certification to place fill material in 150 square feet of wetlands or waters which are tributary to Taylor Creek for a riprap and fill located at your property on Front Street in Beaufort, N.C.in Carteret County, as described in your submittal dated 5 May 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2665 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. 13. If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, ' ? OY l 4PPr t on Ho rd, Jr. P. E. 93333.ltr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker, Division of Coastal Management P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper ,s To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON WQ SUPERVISOR: ADKINS DATE: May 2 93 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 93 PERMIT NO.: 93333 COUNTY: Carteret PROJECT NAME: Luther Apperson PROJECT TYPE: Riprap PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: April 26, 1993 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030504 *STREAM OR ADJACENT WATER BODY: Taylor Creek CLASS: SC STREAM INDEX #: 21-34 *OPEN OR CLOSED: Closed WL IMPACT: Yes WL TYPE: SM WL REQUESTED: 0.003 WL ACR EST: No HYDRO CNECT?: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to place riprap and fill waterward of the existing seawall. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #2665 SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 150 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: (ATTACH A MARINA USE ATTAINABILITY EVAL.) 10 WA MAY 2 41993 N/A 93333.May Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-W. David Noble John Parker I DEPARTMENT OF THE ARMY VU WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch May 5, 1993 Action ID. 199302233 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: V 94 MAY I ` f 9 " 3 (? (/- " -) Enclosed is the application of Mr. Luther Apperson for Department of the Army authorization and a State Water Quality Certification to construct a riprap seawall and place fill material in wetlands adjacent Taylors Creek, Beaufort, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with u administrative regulations, in most cases, 60 days after receipt of a r uestt orb certification is a reasonable time for State action. Therefore, f you have not acted on the request, or asked for an extension of time, by July 6, 1993, the District Engineer will deem that waiver has occurr Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, JR Wrig egula ry Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, NorLh Carolina 27611--7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion filling paving land clearing and stormwater con- ' If you plan to build a marina, also complete and trol. If the requested information is not relevant to your attach Form DCM-MP-2. project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all protects. b. 1 APPLICANT l J a. Name l-',w ,Jrl (?V . Aid ?rSd?tii Address-p-, y Ochs ?? S? City 4 a G State Z - Zip 3j' Day phone q 4- Landowner or Authorized agent b. Project name (if any) ,fOD?rsdi? c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number --ro n T r eo,,c,r7` J'ti b. City, town, community, or landmark c. County d. Is proposed work within city limits or planning jurisdiction? U-1? 5 e. Name of body of water nearest roject 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). r-1 YC r Vs ?r /L4 S'VJ 3/91 V,3y09 Is the proposed activity maintenance of an existing project, new work, or both'' CY'1ST1W// ayvicct Will the project be for community, private, or commercial use? ?Yi varY c. d. Describe the planned use of the project. / P Y,varp dc, ? k- 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract S ,? 'J X 9G b. Size of individual lot(s) Yclf r 5,5?7' }? GD c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract e. Vegetation on tract f. Man-made features now on tract y0'<: em-.T fi o b < 5 ? . g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoped by local government? i. How are adjacent waters classified? CYe !r j. Has a professional archaeological survey been carried out for the tract? If so, by whom? MAR 2 9 1993 j 1 "T 7T- ?J TT- FF!? d _ yl r 5 UPLAND DEVELOPMENT e. Complete this section if the project includes any land development. 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 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 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'). m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project i$ 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 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 marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 3/91 ?'- A r ` Z {t `fx 'fir ,g u-?p f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in feet 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 in. 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 ' q 4 b. Average distance water-ward of mean high water or normal water level d. Type of bulkhead materi al e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of filll material -Y oi, K: r-,,r 8 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 carry 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 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. p ° t-' y. i= Li Lr- J (TL25 ? 3/91 a , e? s Jran .v _ Name Address Name Address Name Address 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. 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 $250 made payable to the Department of Environment, Health, 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). 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 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 day of X Landowner or Authorize agent 3/'91 ++r ? i ?J L3 S JJJ / Y 1 1 R . ?i nnQI ryyl VI P I La If P. ?i (/WI Q 0 3 6 • ? •?.+o ry ? ? • ? ? Ij P Jii rJ °6 - _.._ ...._- I _... J -- ,- - _ -,2. 0. a. I- j t)iyi 1 / f ? J I . i S J+ > kv , 77 3? S2, S' a co q -? 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" iL f 1 l rat _i???? f• - 1 APR-28-1993 08:22 FROM EHNR WILM REG OFFICE TO 8919'1??1??8 F'. 01 State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office fames B. Hunt, Governor lonatban B. Howes, Secretary Bob Jamieson Regional Manager FAX COVER SHEET DATE: 7- ro: D0: k1Z "AX #: gEMARI NO. OF PAGES I FROM: ?ea CO: '0?? 127 Cardinal Drive Extension, Wiltnington, N.C. 28405-3845 • Telephone (919) 395-3900 • Fax (919) 350-2004 An E4ual Opportunity Affirmative Action Employer TOTAL P.01