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
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TELECOPY TO: ?-
FAX NUMBER:
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FROM: E I C C - t (I /) PHONE:
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
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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
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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:
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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
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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
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VICINITY MAP (N.T.s.)
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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:
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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
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