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
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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
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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 °
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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
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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:
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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