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HomeMy WebLinkAbout19950127 Ver 1_COMPLETE FILE_19950117State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A, Preston Howard, Jr., P,E., Director E:) FE P1 March 28, 1995 Carteret County DEM Project # 95127 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. William Warren FILE Bluewater Associates of Emerald Isle cop, P.O. Box 4340 Emerald Isle, N.C. 28594 Dear Mr. Warren: You have our approval to place fill material less than 0.1 acres of wetlands or waters for the purpose of house and driveway construction at lot 62, Bluewater Banks subdivision, as you described in your application dated 9 February 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2733. This certification allows you to use Nationwide Permit Number 18 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. Fill shall be restricted to areas near the house and driveway with the house siting located as close to the eastern setback as possible to minimize wetland fill. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, r ston Howard Jr.P.E. 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 95127.1tr 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 J: _ ft-, To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: PETTER 5w f ? WQ SUPERVISOR: ADKIN:0 DATE: March 8, 1995 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 95 PERMIT NO.: 95127 COUNTY: Carteret PROJECT NAME: Bluewater Banks PROJECT TYPE: fill within AEC adjacent to ORW PERMIT TYPE: CAMA NW 18 GC2733 COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: February 9, 1995 REG OFFICE: WiRO RIVER AND SUB BASIN#: 303503 *STREAM OR ADJACENT WATER BODY: Bogue Sound CLASS: SA ORW STREAM INDEX #: 20-36-(0.5) *OPEN OR CLOSED: OPEN WL IMPACT: yes WL TYPE: OTH WL REQUESTED:.08 acres WL ACR EST: No WL SCORE: 17 MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: yes RECOMMENDATION: ISSUE WITH CONDITIONS STORMWATER PLAN REQ'D: yes IF YES, DATE APPROVED: 8/18/88 PROJECT DESCRIPTION: Residential fill for driveway access and residence. WATER QUALITY CERT. (401) p R O -W R' Y CERT. REQ'D: yes IF YES, TYPE: GC 2733 for minor discharge f 4 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: 3575 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 1 95127.MAR 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.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That wetland fill be restricted solely to the house footprint and driveway and that the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. The proposed house should be moved over as far toward the minimum building setback on the western side of the property, utilizing more upland area. The driveway should also be relocated further to the western side of the property, thereby reducing wetland fill as much as possible. cc: Central Files Wilmington Regional Office Files DCM-John Parker Project name Coun WETLAND RATING Wetland area WORKSHEET Fourth Version _ Nearest road., acres Wetland width feet Name of evaluator ?? { { Dated ?! 9 Wetlandlocaion Adjacent land :use (within 1/2 mile, upstream,, upslope, ? on pond orlake or radius) .. U oii perennial stream L:f forested 'natural vegetation ? oil internlittant stream agriculture, 'u' bantsbburban %N' ithin interstream di1-ide ` F71 impervious surface C o other Dominant vegetation Soil series _L_! ?(2) ? preclominantly organic -humus, -.. , ?, muck,-,or peat , ?, (3) ? predominantly mineral - non-sandy ? predomina'ntly', sandy Flooding and wetness ? semipermnently,: to , permanent y flooded or inundated Hydraulic factors ? seasonally flooded or inundated ? steep topography L1 in?termittantly., flooded or temporary ? ditched or channelized surface, wiater? no evidence, of flooding or surc? 4 , , ?total<wetland width >100 feet 1 1 water !/_:((!l//i,Wetland type (select one)* ? Bottomland hardwood forest ? Pine savanna ? Headwater forest ? Freshwater marsh i, ? Swamp forest ? Bog/fen El Wet flat El Ephemeral wetland L] Pocosin El Carolina Bay ? Bog forest Other "The rating system cannot be applied to salt or brackish marshes or stream channels weight ' Water storage x 4.00 = Q 4 00 hJetland Score Bank/Shoreline stabilization . = x Pollutant removal x 5.00 = l ! % Wildlife habitat x 2.00 Aquatic life value x 4.00 = ' Recreation/Education x 1.00 = Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1/2 mile upstream, upslope, or radius 57 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bluewater Associates of Emerald Isle 2. LOCATION OF PROJECT SITE: lot #62, on Bay Drive, in the Bluewater Banks Subdivision, off )NC Hwy 24, between Broad and Gales Creeks, Carteret County Photo Index - 1989: 160-8: P-11 1984: 31-1179: L-10 State Plane Coordinates - X: 2626900 Y: 360900 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2-3-95 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 1-31-95 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transitional & Conservation (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Planned - Septic Tank (F) Type of Structures: Existing - Planned - Residence, septic tank & driveway (G) Estimated Annual Rate of Erosion: N.A. Source - N.A. 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED ?..? b. I `J OTHER (A) Vegetated Wetlands 404 Vegetation 3,575 ft2 (B) Non-Vegetated Wetlands (C) Other Highground 15,000 ft2 8. (D) Total Area Disturbed: 18,575 sq2 (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: Yes PROJECT SUMMARY: The applicant is proposing to fill a 404 wetland area in order to construct a house and driveway at lot #62 in the Bluewater Banks Subdivision. FIELD INVESTIGATION REPORT: BLUEWATER ASSOCIATES OF EMERALD ISLE PAGE #2 I 9. NARRATIVE DESCRIPTION: The applicant is the agent for a property owner who owns an approx. 23, 848 ft2 lot (#62) in the Bluewater Banks Subdivision located on Bay Drive and off NC Highway 24, between Gales and Board Creek, in Carteret County. The property is located on the north side of Bay Drive but is within the 575' wide Estuarine Shoreline Area of Environmental Concern (AEC) adjacent to the Outstanding Resource Waters of Bogue Sound. A Major CAMA Permit (56-89) was issued to the original developer of Bluewater Banks Subdivision which authorized the construction of a community boat ramp and pier system into Bogue Sound as amenities to the 68 lot subdivision. The designation of this area of Bogue Sound as Outstanding Resource Waters occurred after the CAMA permit was issued. The applicant is requesting a permit to fill an approx. 3,575 ft2 area of 404 wetlands which exist on the west side of lot #62. The wetland area consist of wax myrtle, loblolly pine, sweet bay, holly, red maple, etc.. The remaining portion of the lot has been identified as high ground and is vegetated primarily by pines. Once the lot has been cleared and filled, a residence with associated driveway and septic tank will be placed upon the property. The applicant has indicated that built upon surfaces will amount to approx. 2,829 ft2 or 11.9% lot coverage. The adjacent properties to the east and west have been developed with single-family residences. The property borders a man made pond on the north. 10. ANTICIPATED IMPACTS: The project as proposed will result in the filling of approx. 3,575 ft2 of 404 wetlands within the Estuarine Shoreline AEC of Bogue Sound (ORW). A proposed residence and associated drive will create approx. 2,829 ft2 of built upon surfaces of the lot which represent approx. 11.9% of the total lot. The applicant has applied to the US Army Corps of Engineers for a Nationwide Permit and to the NC Division of Environmental Management for a 401 Water Quality Certification for authorizations to fill this wetland area. PREPARED BY: Charles Jones DATE: February 6, 1995 Please type or print. Carefully describe all anticipated development activities, including construction, excavation, filling, paving, land clearing, and stormwater control. 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. 11 1 APPLICANT Name Bluewater Associates of Emerald Isle Address _PO Box 4340 City Emerald Drive State NC Zip-23524-Day Phone 919-354-3628 Landowner or-*/_Authorized Agent b. Project name (if any) Lot 62, Bluewater Banks S/D c. If the applicant is not the landowner, also give the owner's name and address. Lawrence G & Constance D Luaus. 110 Pinta Drive. Emerald Isle NC 28594 d. Describe the planned use of the project. Detached single family residence. 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 23848 SF b. Size of individual lot(s) 23848 SF c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 9tol2msl d. Soil type(s) and texture(s) of tract Leon / Seagate soil series mosaic Vegetation on tract 20-40' pine saplings Man-made features now on tract None 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number_ Bav Run. see vicinity mao g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) b. City, town, community, or landmark West of Gales Creek Bridge on Hwy 24, see vicinity map c. County Carteret d. Is proposed work within city limits or planning jurisdiction? Carteret County zoning jurisdiction e. Name of body of water nearest project EWue Sound 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,) nalachad sin jile family r sib denrp 3575 SF of 404 wetland fill under NWP #1 A . rivat . w II, sceptic tank _systam 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 (i erbati m copy of Form DC11AIP-1, 3: 91) Conservation ? Transitional Developed Community Rural Other h. How is the tract zoned by the local government? RR PUD i. How are adjacent waters classified? SAORW j. Has a professional archaeological survey been carried out for the tract? N_ If so, by whom. N/A 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed Detached single family residence, potable water well, septic system. b. Number of lots or parcels 1 c. Density (Give the number of residential units and the units per acre.) NA d. Size of area to be graded or disturbed 80001 SF Q JAN 3 1 1995 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion & sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and control plan been submitted to the Division of Land Resources. NA f. 'Give the % of the tract within 75' of mean high watel to be covered by impermeable surfaces, such as pavement, buildings, rooftops. 11.9% in 575' ES AEC g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Residence roof and driveway 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 NA NA NA NA NA NA NA NA NA 3575 SF NA NA h. If applicable, has a stormwater management plan Other (breakwater, pier, been submitted to the Division of Environmental boat ramp, rock jetty) Management? Yes Fill placed in wetland i. Describe proposed sewage disposal and/or waste or below MHW water treatment facilities. Permitted septic tank system Upland fill areas j. Have these facilities received state or local approval? Yes k. Describe existing treatment facilities. None 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial / commercial effluent, "wash down"). None m. Water supply source Private well n. If the project is ocean front development, describe the steps that will be taken to maintain established public beach accessways or provide new access. NA o. If the property is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor. NA b. Amount of material to be excavated from below water level in cubic yards None c. Type of material NA d. Does the area to be excavated include marshland, swamps, or other wetlands? Yes e. High ground excavation, in cubic yard None f None g. Location of spoil disposal area Commercial or landfill h. Do you claim title to the disposal area? NO If not, attach a letter granting permission from the owner. NA i. Will a disposal area be available for the future maintenance? NA If so, where? NA j. Does the disposal area include any marshland, swamps, or water areas? NO k. Will the fill material be placed below mean high water? NO 1. Amount of fill in cubic yards 100-200 m. Type of fill material Clean loamy sand or sandy loam n. Source of fill material Commercial (V erbatim copy of l,'orm 1)CP-A•IP-1, 3,91) o. Will fill material be placed in marsh or other wetlandM t- * e?,, r - - --Y-es_ JAIN l,:SrJZ7-ice; ii Dimension of spoil disposal area p. Dimensions of the wetland to be filled 3575 SF q. How will excavated or fill material be kept on site and erosion controlled? Silt fences r. What type of construction equipment will be used (for'example, dragline, backhoe, or hydraulic dredge)? Balckhoe and similar. s. Will wetlands be crossed in transporting equipment to the site? No If yes, explain steps that will be taken to lessen environmental impacts. NA 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap NA b. Average distance waterward of mean high water or normal water level NA c. Shoreline erosion during preceding 12 months, in feet NA d. Type of bulkhead material NA e. Amount of fill, in cubic yards, to be placed below mean high water None Type of fill material NA 8 ADDITIONAL INFORMATION In addition to the completed application form, the following 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 by 11 white sheet. (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 24 high quality copies are provided by applicant. (Contact the US 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. t,N erbatim copy of' Form D(TAIP-1, 3 91) 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 address 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 the opportunity. NOTE: Not a water front lot nor are adjacent landowners riparian to waterfront . Proposed excavation and fill is solely for the purpose of "select cut and fill" for providing sound foundation materials and conditions Name: Lot 61: W G Sanderford Address: 2628 Wessex Road Winston Salem NC 27106 Name: Lot 63: David Russel Younp Address: PO Box 1711 Morehead City NC 28557 A list of previous state or federal permits issued for work on the project tract. Include perniit numbers, permittee, and issuing dates. (1) Copy of DEM stormwater approval for S/D attached. (2) Deed and offer to purchase of Lot 62 attached. (3) Wetland survey map by Prestige Engineering & Surveying, dated 12/5/94. (4) Copy of Carteret County Health Department "septic tank" permit for lot 62. (5) COE wetland determination form for the delineation shown on the Prestige map dated 12/5/94. A check for $250.00 made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. (N/A) A statement on the use of public funds. If the project involves the expenditure of public funds, attach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). (N/A) t i? NiWlwa??aaaa ? i •?aaaaai?iAT? 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 approved Coastal Management Program and will be conducted 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 17th day of January , 1911, X_ -14 //Z? L.- Landow r or Authorized Agent 0 t..t JAN 3 1 X995 k (vcrbatim copy of Form DCP-MP-1, 3/91) ?;! 4 \ 65.08"- r N 0 N N Lot 61 --?61. 12 fisting pond e Wetland Delineations Proposed Well \ Location D , Minimum Building SetbackAines wetlands uplands r r •••' ' ' '••' '' ' ' •• ,;;:,d wetland points as identltied by survey b _O N Broad -Cr"k- School NC Hwy 24 NCSR 1123 ?G Bay Rm Road SIT Bogm So,md VICINITY MAP Proposed 3575 Sf Of Section 404 Wetland Fill Under Nwp # 18, Minor Discharges, Total Wetlands = 8250 Sf, Total Lot = 23848 St Built Upon Area = 2829 Sf, Built Upon Ratio = 11.9% Residential House Footprint tank V ::::;:•r.::;. : •.:? drive Septic Tank, Nitrification Bed System & Repair ?::;•,;`.':;:.;:;•,: I Area Per The Improvements Permit Issued By ;•:1;•:; •:;;•.;::? wetland delineation :•? :•; :• :• . intercept with property I The Carteret County Health Department On 8/7/90. ?::•i:;:.:; •;:.'•;::: line estimated I r :, . I Repair 15'by 08' Area bed syHem NOTES: Li I (1) Lot dimensions, wetland delineation survey, minimum 1< I building setback lines, provided by Prestige Engineering And Surveying PA (2) Wetland delineation flagged by Wa ao 4 d C drive Lot 62 1 (3) Entire lot in 575 ORW Estuarine i 100.0' Lot 63 - 1 J ° a Approximately 305' Centerline of BAY RUN 50 R/W I 694 n C J, 1 ,CP 0C. '99 c/ -`boooooaoo o oo?o ???N avR AG Lot 62 Blazewatter Banks S/D - CAMA Application For Use of COE NWP #26 in ORW ES AEC ZU4#0W R49&4,d - 12113194, aea 1127195 V r. r.a..r+.«r+•?1r rMr. r rr?rw?»» rrrl?\1? SOILS WETLAND DETERMINATION Hydrophytic Vegetation Present? es No (Circle) (Circle) Wetland Hydrology Present? es No (assumed) Hydric Soils Present? es No Is this Sampling Point Within a Wetland? es No Remarks: See all prior remarks. Deiineation includes points enumerated Al - A36. Approved by HQUSACE 3/32: (COPY) DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project / Site: Bluewater Banks S/D Date: 9/30/94 Applicant / Owner: Agent: Warren Construction Co, 919-354-3628 County: Carteret i Investigator: delineated by Wayne Ragland State: NC Do Normal Circumstances exist on the site? mostly Yes No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: (If needed, explain on reverse) VEGETATION Wetland side Upland side Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pinus serotina Tr FACW+ 1. Pinus taeda Tr FAC 2. Acer rubrum Tr FAC 2. Quercus nigra Tr FAC 3. Gordonia lasianthus Tr FACW 3. Persea borbonia Tr FACW 4. Magnolia virginiana Tr/Sh FACW+ 4. Magnolia virginiana Sh FACW 5. Persea borbonia Sh/rr FACW 5. 6. Pinus taeda Tr FAC 6. 7. Ilex coriacea ShiGC FACW 7. 8. Lvonia lucida Sh/GC FACW 8. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-); 100% Remarks: Sample locations 20' inside and outside delineation at point # A26. Delineation keyed on soils, landscape position, landscape shape, and presence of common upland oriented non-dominants (i.e. chinquapins, black cherry, sassafras, blackjack oaks etc.) associated with the edge of the landscape body being observed and delineated. Ground cover sparse on upland side. Pond construction at lot rear and filling of ditch outfall through uplands has significantly impacted "Normal Circumstances". HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators RFiFReFy-'Rdieaters Inundated Saturated in Upper 12 inches Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: (in.) seaendaFy Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: (in.) Local Soil Survey Data V Depth to Saturated Soil: 18t" (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: I4ydric hydrology assumed based on depth to soil saturation during this below normal rain period and positive identification of active hydric soil diagnostic criteria. JANI W.lL? \71?u u ?...+?..? ?wwwwww?• ? •??wN??wwM?