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HomeMy WebLinkAbout19940082 Ver 1_COMPLETE FILE_19940203State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 Training and Certification Unit Wetlands and Technical Review Group FAX # (919) 733-1338 11 , TELECOPY TO: ?- FAX NUMBER: C' / FROM: E I C C - t (I /) PHONE: NUMBER OF PAGES, INCLUDING THE COVER SHEET: \.ILil- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch November 30, 1993 C Coo Action ID Nos. 199400425 and Nationwide Permit No. 18 (Minor Discharges) 199400426 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mercer Building Company 2501 Front Street Beaufort, North Carolina 28516 Dear Sir: ?AOLAK \t ?- ?C,C- C vrY? jQ Reference your application of October Army (DA) authorization to discharge fill 28, 1993, for Department of the material into 1.17 acres of wetlands above the headwaters of Taylor's Creek to construct road s and areas for J building and utility installations and to discharge fill material into 0.10 acres of wetlands adjacent Taylor's Creek to construct a road crossing at your property located near the intersection of NCSR 1310 and NCSR 1311 near Beaufort, Carteret County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CPR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. 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; Additionally, authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by these nationwide permits provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding this water quality certification, In the coastal area, you should obtain a consistency determination from the North Carolina Division of Coastal Management (NCDCM). Please contact Mr. Steve Benton, telephone (919) 733-2293, regarding your consistency determination. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. These verifications will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, these verifications 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 w -2- 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. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Area Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regu7- ry Branch Enclosure Copies Furnished (without enclosl,- -Mr . John Dorney Water Quality Section Division of Enviror- North Carolina Dei 'Environment, Hea Natural Resources n Post Office Box 276L Raleigh, North Carol. J? Mr. Steve Benton North Carolina Departme Environment, Health ar. Natural Resources Post Office Box 27687 Raleigh, North Carolina j l ?J L ro v, Mr. Jim Gregson North Carolina Division of Environmental Management i J 127 Cardinal Drive Extension Wilmington, North Carolina 284 Mr. Charle Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 State of North Carolina Department of Environment, Health and Natural Resources 4 Division of Environmental Management YA James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary D E H N F A, Preston Howard, Jr., P.E., Director February 24, 1994 Mercer Building Company 2501 Front Street Beaufort, N.C. 28516 Dear Sirs: Subject: Proposed fill in Wetlands or Waters Triplex and yard construction Carteret County DEM Project #94082 We have reviewed your request for 401 Water Quality Certification to place fill material in 0.05 acres of wetlands or waters which are tributary to Taylor's Creek for triplex and yard construction located at NC 1310 in Carteret County as described in your submittal dated 1 February 1994. Based on this review, we have determined that the proposed fill is covered by General Water Quality Certification No. 2733. A copy of the General Certification is attached. This Certification is necessary for coverage under Corps of Engineers' Nationwide Permit No. 18. This action completes DEM's review under Section 401 of the Clean Water Act. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. If you have any questions, please contact John Dorney at 919-733- 1786. Sincerely, P ston owa Jr. P. E. 94082.1_tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker, DCM Ron Cul.l.i.pher; Stroud Engineering 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 D? - To: John Dorney Planning Branch ; DIVISION OF ENVIRONMEJD? *IANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REVIEWER: GREGSON WQ SUPERVISOR: ADKIN DATE: February 15, 1994 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 94 PERMIT NO.: 94082 COUNTY: Carteret PROJECT NAME: Mercer Building Company PROJECT TYPE: Lot Fill PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: February 1, 1994 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: Taylors Creek CLASS: SC STREAM INDEX #: 21-34 *OPEN OR CLOSED: Closed WL IMPACT: Yes WL TYPE: ESFF WL REQUESTED: 0.05 WL ACR EST: No 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 fill an area of 404 wetlands for the construction of a multi-family residence. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #2669 for minor discharges SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Proposed connection to Town of Beaufort System TO BE PERMITTED BY: DEM IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: Yes WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 2125 sq. ft. N/A 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 94082.Feb Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMAMNDED 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. A site visit was conducted on December 22, 1993, along with Scott McLendon (COE), Ron Cullipher (Stroud Engineering) and Gary Mercer. cc: Central Files Wilmington Regional Office Files DCM-Charles Pigott John Parker • DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mercer Building Company 2. LOCATION OF PROJECT SITE: On a tidal pond which enters Taylors Creek and adjacent to NCSR 1310, in the Town of Beaufort, Carteret County Photo Index - 1989: 1-4 J-13 1984: 33-1205 S-3 State Plane Coordinates - X: 2712000 Y: 358000 3. INVESTIGATION TYPE: CAMA only 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12-17-93 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12-09-93 revised 1-21-94 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Beaufort Land Classification From LUP - Developed (B) AEC(s) Involved: Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - None Planned - Town Sewer System (F) Type of Structures: Existing - none Planned - triplex (G) Estimated Annual Rate of Erosion: 0 Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Cleared '404' area 2125 sq. ft. (B) Non-Vegetated Wetlands (C) Other 3320 sq. ft. High Ground (D) Total Area Disturbed: 5445 sq. ft. (E) Primary Nursery Area: no (F) Water Classification: SC Open: no 8. PROJECT SUMMARY: The applicant proposes to fill an area of '404' wetlands in conjunction with the construction of a triplex and associated yard area. FIELD INVESTIGATION REPORT: MERCER BUILDING COMPANY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is an approx. 0.41 acre lot located on the north side of the Lennoxiville Rd. (SR 1310) in the Town of Beaufort, Carteret County. The property is bordered on the west side by a tidal pond which enters Taylor Creek (via culverts and the Harvey Smith Pond). The property has been cleared of almost all vegetation. Approximately one half the lot has been classified by the US Army Corp of Engineers (COE) as '404' wetlands. A small, intermediate border of coastal wetlands also exist along the shoreline of the pond. The applicant recently filled a portion of the high ground within 75' of the mean high water line without a CAMA permit and was issued a Notice of Violation. Restoration was not required. Waters of the pond are classified "SC" and are closed to the harvesting of shellfish. The applicant has applied to the COE for a Nationwide Permit (#18) to fill an approx. 85' x 25' (2125 sq. ft.) area of wetlands for the purpose of constructing a residential triplex with associated yard area. Included in this total, is an approx. 25' x 55' area of '404' wetlands which is located within the Estuarine Shoreline Area of Environmental Concern (AEC). The total impermeable surface area of the entire site will be approx. 4,069 sq. ft. with approx. 3320 sq. ft. of area within the Estuarine Shoreline AEC being rendered impermeable by building and paved parking. The applicant proposes to grass and stabilize the fill areas to prevent sediment erosion from entering adjacent wetlands and water areas. The proposed triplex will have water and sewer service provided by the Town of Beaufort. 10. ANTICIPATED IMPACTS: The applicant proposes to fill an approx. 85' x 25' area of '404' wetlands in order to construct a triplex with associated yard area. An area, measuring approximately 25' x 55' or 1375 sq.ft., of wetland fill would be within the Estuarine Shoreline AEC. The applicant proposes to grass the area in order to stabilize the site and prevent fill material from entering adjacent wetlands. There will be no fill occurring within any Coastal Wetlands. The proposed building and parking lot would result in approx 4,069 sq. ft. of the lot being covered with impervious surfaces. Approx. 3320 sq. ft. of impervious surface coverage will occur within the Estuarine Shoreline AEC which will account for an approx. 29% coverage. PREPARED BY: CHARLES PIGOTT January 26, 1994 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Mercer Building Company Address 2501 Front Street City Beaufort State North Carolina Zip 28516 Dayphone (919) 728-5797 Landowner or X Authorized agent b. Project name (if any) The Pond at Lennoxville c. If the applicant is not the landowner, also give the owner's name and address. Brian Fetzer 94 Cedar Creek Road Newport, North Carolina 28570 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number On NCSR 1310 @ NCSR 1311 e. Vegetation on tract Grass. b. City, town, community, or landmark Beaufort f. Man-made features now on tract None. c. County Carteret g. 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? Yes. Conservation Transitional e. Name of body of water nearest project X Developed Community Taylors Creek Rural Other 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). Building one triplex and parking facilities. 3/91 If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New work. c. Will the project be for community, private, or commercial use? Private. d. Describe the planned use of the project. Construct residential dwelling. 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.408 acre. b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum Approximately 4.0 feet. d. Soil type(s) and texture(s) of tract Sand. h. How is the tract zoned by local government? Residential. i. How are adjacent waters classified? Sc j. Has a professional archaeological survey been carried out for the tract? No - If so whc ?i? 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed One residential dwelling. b. Number of lots or parcels One. c. Density (Give the number of residential units and the unitsperacre.) Three units per 0.408 acre, 7.35 units/acre. d. Size of area to be graded or disturbed 0.11 acre. 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? No. 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. 0.27 = 27% g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Asphalt and concrete. h. If applicable, has a stonnwater management plan been submitted to the Division of Environmental Management? N/A i. Describe proposed sewage disposal and/or waste water treatment facilities. Municipal sewer, Town of Beaufort j. Have these facilities received state or local approval? Yes. k. Describe existing treatment facilities. Yes. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Surface runoff sheet flow. in. Water supply source Town of Beaufort n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). 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 Length Width Depth 82.1' 25' b. Amount of material to be excavated from below water level in cubic yards N/A. c. Type of material N/A d. Does the area to be excavated include marshland, swamps, or other wetlands? N/A e. High ground excavation, in cubic yards N/A 3/91 f. Dimensions of spoil disposal area N/A g. Location of spoil disposal area N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? N/A If so, where? j. Does the disposal area include any marshland, swamps, or water areas? N/A k. Will the fill material be placed below mean high water? No. 1. Amount of fill in cubic yards 100 cy. m. Type of fill material Sand. n. Source of fill material Offsite borrow. o. Will fill material be placed on marsh or other wetlands? Yes. p. Dimensions of the wetland to be filled 2,052 sf q. How will excavated or fill material be kept on site and erosion controlled? Grass and silt fence. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bulldozer and backhoe. s. Will wetlands be crossed in transporting equipment to project site? No.If yes, explain steps that will be taken to lessen environmental impacts. N/A 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A "I c. Shoreline erosion during preceding 12 months, in feet N/A d. Type of bulkhead material N/A e. Amount of fill, in cubic yards, to be placed below meanhigh water N/A f. Type of fill material N/A 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 cant' 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 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. µ may. lq1-7177 '? I Name Brian Fetzer Address 94 Cedar Creek Road Newport, North Carolina 28570 Name Address Name Address Morehead City, North Carolina 28557 B&M Railroad, c/o Alan Leary P.O. Box 3608 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NWP 18, November 30, 1993 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). 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. 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 24 day of -95_P V , 199 X Landowner or uthorized agent 4 3/91 DEC 0 9 1993 0 2 0 a c? Z N W ?l x lij VICINITY MAP (N.T.s.) \ ROAD DEAVEORT & \fv?OREHEAD RAI?? .. 35 \ •581 _ 35 $72014 44'E M % rn / s N/ F •3 FETZER 4 1 ? P?p2o5?°sF ? W ? N O, V w R M133 v u- Z W m ?R\P???. 11 •4 LJ 1 z CD WETLANDS LINE 1 48' 1 5 a al i; ii ' LD Co. 0 ?' ` 526 Al,01 ' ----- ,,+q+e••rr•••? I .516 -V% CAgpz •.., 4 Ewa,.- sou. -L]ENT?®XVILL']E R® 13349 - 6 , % °yqzoo!H\?P?Q?;: NCSg// 1310 ?l`•••••i?C% ------------------------------ 30 10 0 20 40 SCALE: 1'-30' SITE DATA TOTAL TRACT AREA •... ........0.408 AC WETLANDS AREA ............... 0.124 AC A.E.C. AREA • •........... 0.278 AC PROPOSED FILL AREA . ..........2.052 SF PROPOSED IMPERVIOUS AREA WITHIN 75' A.E.C. SETBACK -....0.075 AC ALLOWABLE IMPERVIOUS AREA WITHIN 75' A.E.C. SETBACK (30 % COVERAGE) . .............0.083 AC TAE POND L ENNOXVILLE BEAUFORT TWSP.,CARTERET COUNTY ,N.C. OWNER: MERCER BUILDING COMPANY ADDRESS 2501 FRONT ST DESIGNED' RDC BEAUFORT. N.C. 25516 PHONE (919)725-5797 DRAWN: DJV STROUD ENGINEERING, P.A. RDC C. 55 CST 4aOFF 1/20/94 ^ IP ,` f R, P.E. RONAL D. CULLI PH E R , V-30' 0 ?o 1M- V I. v O I,VN" Q 4 0 O ? oe Jill ? 2 c? ?a q W W 3 ° i? k W V V j O W V ?i 12 o? P? h ? 0 u w X v Q V I? JAN 2 1 1994 Q JAN-31-1994 10:531 FROM EHNR WILM REG OFFICE TO J-J1 J- -1-`JH H. U1 State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Governor Bob Jamieson Jonathan B. Howes, Secretary Regional Manager FAX COVER SHEET DATE: 13 A NO. OF PAGES FP-m _ 70 r CO_ CO: FAX #: REMARKS: FAX#: 'mn -?x, 127 rerdinal Drive Extension, wilan?Von, N.C- 211405,3845 • Telephone (910) 395-3900 0 Fax (910) 350-2004 An Equal Opportunity Affirmstive Action Employer * 9yoea TOTHL P.J1 i DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mercer Building Company 2. LOCATION OF PROJECT SITE: On a tidal pond which enters Taylors Creek and adjacent to NCSR 1310, in the Town of Beaufort, Carteret County Photo Index - 1989: 1-4 J-13 1984: 33-1205 S-3 State Plane Coordinates - X: 2712000 Y: 358000 3. INVESTIGATION TYPE: CAMA only 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12-17-93 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12-09-93 revised 1-21-94 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Beaufort Land Classification From LUP - Developed (B) AEC(s) Involved: Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - None Planned - Town Sewer System (F) Type of Structures: Existing - none Planned - triplex (G) Estimated Annual Rate of Erosion: 0 Source - observed 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Cleared '404' area 2125 sq. ft. (B) Non-Vegetated Wetlands (C) Other 3320 sq. ft. High Ground 11 1 ___J1 (D) Total Area Disturbed: 5445 sq. ft. (E) Primary Nursery Area: no (F) Water Classification: SC Open: no 8. PROJECT SUMMARY: The applicant proposes to fill an area of '404' wetlands in conjunction with the construction of a triplex and associated yard area. FIELD INVESTIGATION REPORT: MERCER BUILDING COMPANY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is an approx. 0.41 acre lot located on the north side of the Lennoxiville Rd. (SR 1310) in the Town of Beaufort, Carteret County. The property is bordered on the west side by a tidal pond which enters Taylor Creek (via culverts and the Harvey Smith Pond). The property has been cleared of almost all vegetation. Approximately one half the lot has been classified by the US Army Corp of Engineers (COE) as '404' wetlands. A small, intermediate border of coastal wetlands also exist along the shoreline of the pond. The applicant recently filled a portion of the high ground within 75' of the mean high water line without a CAMA permit and was issued a Notice of Violation. Restoration was not required. Waters of the pond are classified "SC" and are closed to the harvesting of shellfish. ' The applicant has applied to the COE for a Nationwide Permit (#18) to fill an approx. 85' x 25' (2125 sq. ft.) area of wetlands for the purpose of constructing a residential triplex with associated yard area. Included in this total, is an approx. 25' x 55' area of '404' wetlands which is located within the Estuarine Shoreline Area of Environmental Concern (AEC). The total impermeable surface area of the entire site will be approx. 4,069 sq. ft. with approx. 3320 sq. ft. of area within the Estuarine Shoreline AEC being rendered impermeable by building and paved parking. The applicant proposes to grass and stabilize the fill areas to prevent sediment erosion from entering adjacent wetlands and water areas. The proposed triplex will have water and sewer service provided by the Town of Beaufort. 10. ANTICIPATED IMPACTS: The applicant proposes to fill an approx. 85' x 25' area of '404' wetlands in order to construct a triplex with associated yard area. An area, measuring approximately 25' x 55' or 1375 sq.ft., of wetland fill would be within the Estuarine Shoreline AEC. The applicant proposes to grass the area in order to stabilize the site and prevent fill material from entering adjacent wetlands. There will be no fill occurring within any Coastal Wetlands. The proposed building and parking lot would result in approx 4,069 sq. ft. of the lot being covered with impervious surfaces. Approx. 3320 sq.ft. of impervious surface coverage will occur within the Estuarine Shoreline AEC which will account for an approx. 29% coverage. ------------------ PREPARED BY: CHARLES PIGOTT January 26, 1994 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Mercer Building Company Address 2501 Front Street City Beaufort State North Carolina Zip 28516 Dayphone (919) 728-5797 Landowner or X Authorized agent b. Project name (if any) The Pond at Lennoxville c. If the applicant is not the landowner, also give the owner's name and address. Brian Fetzer 94 Cedar Creek Road Newport, North Carolina 28570 2 LOCATION OF PROPOSED PROJECT If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New work. c. Will the project be for community, private, or commercial use? Private. d. Describe the planned use of the project. Construct residential dwellin 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.408 acre. b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum Approximately 4.0 feet. d. Soil type(s) and texture(s) of tract Sand. a. Street address or secondary road number On NCSR 1310 @ NCSR 1311 e. Vegetation on tract Grass. b. City, town, community, or landmark Beaufort f. Man-made features now on tract None. c. County Carteret g. 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? Yes . e. Name of body of water nearest project Taylors Creek 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). Building one triplex and parking facilities. 3/91 Conservation Transitional X Developed Community - Rural Other h. How is the tract zoned by local government? Residential. i. How are adjacent waters classified? SC j. Has a professional archaeological survey been carried out for the tract? No. If so, b whom? f" ti 1. 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed one residential dwelling. b. Number of lots or parcels One c. Density (Give the number of residential units and the unitsperacre.) Three units per 0.408 acre, 7.35 units/acre. d. Size of area to be graded or disturbed 0.11 acre. e. 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. 0.27 = 27% g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Asphalt and concrete. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N/A i. Describe proposed sewage disposal and/or waste water treatment facilities. Municipal sewer, Town of Beaufort j. Have these facilities received state or local approval? Yes. k. Describe existing treatment facilities. m. Water supply source Town of Beaufort n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). 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 Length Width Depth b. Amount of material to be excavated from below water level in cubic yards N/A c. Type of material N/A 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Surface runoff sheet flow. 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? No. d. Does the area to be excavated include marshland, swamps, or other wetlands? N/A e. High ground excavation, in cubic yards 3/91 f. Dimensions of spoil disposal area N/A g. Location of spoil disposal area N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? N/A If so, where? j. Does the disposal area include any marshland, swamps, or water areas? N/A k. Will the fill material be placed below mean high water? No. 1. Amount of fill in cubic yards 100 cy. m. Type of fill material Sand. n. Source of frllmaterial Offsite borrow. o. Will fill material be placed on marsh or other wetlands? Yes. p. Dimensions of the wetland to be filled 2,052 sf q. How will excavated or fill material be kept on site and erosion controlled? Grass and silt fence. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bulldozer and backhoe. s. Will wetlands be crossed in transporting equipment to project site? No. If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level N/A c. Shoreline erosion during preceding 12 months, in feet N/A d. Type of bulkhead material N/A e. Amount of fill, in cubic yards, to be placed below meanhigh water N/A f. Type of fill material N/A 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 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.,, 3/91 a, r Name Brian Fetzer Address 94 Cedar Creek Road Newport, North Carolina 28570 Name B&M Railroad, c/o Alan Leary Address P.O. Box 3608 Morehead City, North Carolina 28557 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NWP 18, November 30, 1993 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). 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. 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 at day of 44d/ 19 27 X Landowner or uthorized agent 4 3191 c LDEC 9 1993 ... ........... VICINITY MAP (N.T.S.) ??-«C)AD R BEAUFORT & \1?10REHEAB -••4111111• 30 10 0 20 40 SCALE: r"-30' SITE DATA TOTAL TRACT AREA .............0.408 AC WETLANDS AREA ..... 0.124 AC A.E.C. AREA .......... 0.278 AC PROPOSED FILL AREA - ..........2,052 SF PROPOSED IMPERVIOUS AREA WITHIN 75' A.E.C. SETBACK -....0.075 AC ALLOWABLE IMPERVIOUS AREA WITHIN 75' A.E.C. SETBACK (30 % COVERAGE) - .............0.083 AC 0 e ? 1H- V V 0 / J V J J J s O V X v O ?o