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HomeMy WebLinkAbout19950364 Ver 1_COMPLETE FILE_199504070 ._..- 1 State 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 May 1, 1995 Live Oak Development Company 616 Princess Street Wilmington, N.C. 28401 Dear Sirs: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Cypress Bay on the Neuse subdivision Project # 95364, COE # 199502237 Craven County FILE G6?'' Attached hereto is a copy of Certification No. 2989 issued to Live Oak Development Company dated 4 April 1995. If we can be of further assistance, do not hesitate to contact us. Sincerely ston ward, V.E. Attachments 2989.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files ?EHNR 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 A 11w NORTH CAROLINA Craven County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Live Oak Development Company resulting in 1,100 square feet of wetland impact in Craven County pursuant to an application filed on the 4th day of April of 1995 to construct a residential subdivision with a boatramp, pier, pavilion and parking lot. The Application provides adequate assurance that the discharge of fill material into the waters of Long Creek in conjunction with the proposed development in Craven County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92- 500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). 2. Live (fresh) concrete shall not come in contact with waters of the state. 3. Deed restrictions (see attached example) shall be placed on all lots „ith jurisdictional wetlands to prevent future fill. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or LAMA permit. 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. This the 26th day of April, 1995. DIVISION OF ENVIRONMENTAL MANAGEMENT 1 re on Howard, Jr. P. WQC# 2989 U '_ February 20, 1995 COMPLIANCE WITH WETLANDS REGULATIONS In accordance with Title 15 NCAC 2H .0500, the following DEED RESTRICTIONS AND PROTECTIVE COVENANTS shall be recorded in the county County Registry prior to the conveyance of lots. Said Deed Restrictions and Protective Covenants shall apply to name of subdivision, lot numbers in county County, North Carolina as shown on plans titled of subdivision plan prepared by name of designer' dated date: "A portion of this lot has been determined to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the requirements of state wetland rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of the deed restriction is to prevent additional wetland fill, so the property owner should not assume that a future application for fill will be for fill will be approved. The property owner shall report the , name of the subdivision, in any application pertaining to said wetland rules. This covenant is intended to ensure continued compliance with wetland rules adopted by the State of North Carolina and therefore benefits may be enforced by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and all persons claiming under them." Owner's name address city, state Phone: (###) phone no. STATE OF NORTH CAROLII\TA COUNTY OF COUNT' (signature) a Notary Public of the State of North Carolina, County of county, hereby certify that owner personally appeared before me this day and executed the above certification. Witness my hand and notarial seal, this day of _, 1995. (Notary Public) My commission expires deedres.mem NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Cypress Bay on the Neuse/Live Oak Development Co. of Craven County, filed an application on February 21, 1995, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, the applicant is proposing to develop an 84 lot subdivision and to construct a boat ramp, pier, an asphalt parldng lot, and a pavilion with wooden walkway off SR1704, on Long Creek off of the Neuse River, Craven County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of Jim Mercer, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., (919) 726-7021, and/or the office of Deborah Sawyer, Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C., (919) 946-6481. The Division of Environmental Management proposes to take final action on this water quality certification on or before May 5, 1995. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Roger N. Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to April 30, 1995 for consideration in the CAMA permit decision, and to Preston Howard, Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to April 25, 1995 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: Monday, April 10, 1995 D NOTICE OF FILING OF MEN 1' . APPLICATION FOR CAMA MAJOR DEVELOP PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Cypress Bay on the Neuse/Live Oak Development Co. of Craven County, filed an application on February 21, 1995, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, the applicant is proposing to develop an 84 lot subdivision and to construct a boat ramp, pier, an asphalt parking lot, and a pavilion with wooden walkway off SR1704, on Long Creek off of the Neuse River, Craven County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of Jim Mercer, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., (919) 726-7021, and/or the office of Deborah Sawyer, Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C., (919) 946-6481. The Division of Environmental Management proposes to take final action on this water quality certification on or before May 5, 1995. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Roger N. Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to April 30, 1995 for consideration in the CAMA permit decision, and to Preston Howard, Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to April 25, 1995 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: Monday, April 10, 1995 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 4, 1995 Regulatory Branch Action ID No. 199502237 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: 50" woun wut u ??ti^9`s IS?s y o??c Fs Enclosed is the application of Live Oak Development Company for Department of the Army authorization and a State Water Quality Certification to construct a community boat ramp, bulkhead, dock, pavilion, and walkway, on their property identified as "Cypress Bay on the Neuse", located off S.R. 1704 (Becton Road), adjacent the Neuse River, Craven County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by June 5, 1995, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Branch, telephone (919) 975-1616. Sincerely, Vr e Wri Regula ory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones, District Manager Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 769 Morehead City, North Carolina 28557 Printed on ® Recycled Paper I ? S Q? '?) l RECEIVED_ DIVISION OF COASTAL NIANrTAGE1'IENT FIELD INVESTIGATION REPORT MAR 2 1995 rEG1A_ATORY RRAN0I1 1. APPLICANT'S NAME: Cypress Bay on The Neuse / Live Oak Development Co. 2. LOCATION OF PROJECT SITE: Neuse River near Long Creek off SR #1704 in Craven County Photo Index - 1990: Strip //144 Frame #4 Q N,O-9 State Plane Coordinates - X: 2681600 Y: 426100 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6 March 1995 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 21 February 1995 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County LUP January 1994 Land Classification From LUP - Limited Transition / Conservation (B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline, Coastal Wetlands (C) Water Dependent: YES (D) Intended Use: Housing Development (E) Wastewater Treatment: Existing - NONE Planned - Individual Septic Tanks (F) Type of Structures: Existing - Old Farm House and Fields Planned - Residential Subdivision (G) Estimated Annual Rate of Erosion: Undetermined Source - Sandy Beach, Wetlands Fringe 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Saltmeadow Hay boatramp 600 sq. ft. footprint pier 200 sq. ft. (B) Non-Vegetated Wetlands boatramp footprint pier River Bottomland 1200 sq. ft. 450 sq. ft. (C) Other: parking lot pavilion Highground 9000 sq. ft. 1225 sq. ft. 404 Wetlands 500 sq. ft. (D) Total Area Disturbed: Approx. 9 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to develop an 84 lot, subdivision on 140 acres of highground property. The construction plans include a community boat ramp and pier with asphalt parking lot. A new pavilion with wooden walkway across 404 wetlands will be constructed to provide pedestrian access to the outer beach. RLECEIVED MAR 2 1595 FIELD INVESTIGATION REPORT: CYPRESS BAY ON THE NEUSE / CRAVEN CO ?' a,?1_AT?1RY f??'?N?II PAGE #2 9. NARRATIVE DESCRIPTION: The project site is located on the Neuse River in Craven County. Cypress Bay Subdivision is located about 5.6 miles east of Harlowe and Hwy 101. Becton Road (SR #1704) connects the project site to the Adams Creek Road (SR #1700) just past the Long Creek bridge. The property, under CAMA review, is an 140 acre tract of farm land being developed by Live Oak Development Co. The site is typical of agricultural lands along the lower Neuse River where about half the acreage is open fields and the remainder characterized by a hardwood and pine tree cover. The referenced aerial photograph and quadrangle map will help orient the project to the existing on-site structures, such as the two barns at the head of the lane and the old farm house near the riverfront. The applicant proposes to develop single family residential community with 84 lots. Each lot will be approximately 1.57 acres. Individual wells and septic systems are anticipated. Craven County has not zoned this section of Township 5; although, the certified CAMA Land Use Plan identifies the highground property as "Limited Transition" which allows residential use with an average density not to exceed three units per acre. The Land Use Plan classifies the coastal wetlands and surface waters as "Conservation". At this time, the roads within the subdivision are under construction, preliminary grading is underway. All roadway activities are located landward of the Estuarine Shoreline AEC. The surface waters of both the Neuse River and Long Creek are classified "SA". However, while the river is designated "Estuarine", Long Creek is classified "Inland" waters. Long Creek a.k.a. Long Branch is not a designated "Primary Nursery" Area. The applicant proposes to provide a water access facility on Lot #1, a 9 acre community recreation site. The project plans (Sheet Cl) show construction of a concrete boat ramp as well as an asphalt driveway and parking lot. An access pier on the east side of ramp is also scheduled for construction. The 16 foot wide concrete ramp will displace about 600 square feet of saltmeadow hay that grows in the higher elevations along the sand beach. The driveway will extend from the ramp about 88 feet to the parking area on highground. The parking lot will measure about 90 feet by 60 feet. Another section of asphalt driveway will connect the parking lot to the proposed Moore's Farm Road. The detailed drawings on sheet C-2 indicate that the concrete ramp will measure a total of 60 feet long by 16 feet wide. The ramp will extend about 22 feet waterward of the mean high water level. The sideline of the ramp will stabilized by the construction of two 40 foot long bulkheads, one on each side of the ramp. The bulkheads will only extend 2 feet water ward of the mean high water level. The proposed pier will measure about 75 feet long by 5 feet wide. The overall structure will include an L-Head platform 24 feet by 5 feet. The water depth at the end of the pier is reported to be about 1.6 feet on normal water level. West of the boat ramp, the sand beach widens and a narrow section of highground property separates the salt marsh of Long Creek from the Neuse River. Here, the developer proposes to construct a roof-covered pavilion on the highground property. The pavilion will measure about 25 feet by 25 feet and will include a 5 foot wide walkway around the building as well as a 10 foot wide platform on the riverside. The pavilion will include a 5 foot wide wooded boardwalk 211 feet long. The boardwalk will connect pedestrian traffic from the highground property across an area of 404 wetlands. FIELD INVESTIGATION REPORT: CYPRESS BAY ON THE NEUSE / CRAVEN CO PAGE #3 10. ANTICIPATED Il4PACTS.- The proposed boat ramp will displace about 600 square feet of coastal wetlands characterized by saltmeadow hay (S. patens) in the higher elevations of the sand beach. In the water, the ramp will occupy about 1200 square feet of shallow water bottomland. The on-site inspection revealed no submerged aquatic vegetation along the project shoreline. The footprint of the proposed pier will cover about 450 square feet of the open waters of the Neuse River. The asphalt driveways and parking lot will account for 8360 square feet of impervious coverage on the highground property. This figure is less than 1 % of the total Estuarine Shoreline AEC. The pile-supported boardwalk across the 404 wetlands will facilitate pedestrian traffic without significantly impacting the amount or quality of the habitat. The pavilion will be located on highground adjacent to the river on the north side and the Long Creek salt marshes on the south side of the building. The pavilion and open decks will create a footprint of about 1225 square feet. The new roads within the subdivision are under construction in area landward of the CAMA jurisdiction. The on-site inspection reveal no apparent problems associated sedimentation and erosion control. The average lot size of 1.57 acres indicates that the new subdivision is a low density type of development on the SA surface waters of the Neuse River. Prepared by: James L. Mercer Date: 17 March 1995 Islease type or print. Carefully describe atlgQEIVED ticipated development activities, including i,rQRstc? 1995 tion, excavation, filling, paving, land clea I , a d- stormwater control. If the requested info inn . b. C. I •, Y 1 APPLICANT : % n Describe the planned use of the project. Private Subdivision Recreation Area Boat Launch, t? Dock & Pavilion not relevant to your project, write N/A I gP%[OTY RRANNI plicable). Items 1-4 and 8-9 must be completed for 4 LAND AND WATER all projects. Name Live Oak Development Co. ?: CHARACTERISTICS rr?_, , , ?;? Address 616 Princess Street City Wilmington State N.C. Zip 28401 Day phone (910)762-:-4356 X Landowner or Authorized agent Project name (if any Cypress Bay on The Neuse If the applicant is not the landowner, also give the owner's name and address. -2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number Becton Road - SR 1704 b. City, town, community, or landmark Township 5, Craven County, N.C. C. County Craven d. Is proposed work within city limits or planning jurisdiction? Craven Co- e. Name of body of water nearest project Neuse River 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). Concrete Boat Ramp, Bulkhead, Dock, Pavilion with Walkway and Parking Lot If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? New Work C. Will ch b f a. Size of entire tract 140.34 Acres b. Size of individual lot(s) Average Size 1 .57 c. Elevation of tract above mean sea level or Na- Ac: tional Geodetic Vertical Datum 9 ' d. Soil type(s) and texture(s) of tract S i 1 _ roam e. Vegetation on tract Grass Pasture and Woods f. Man-made features now on tract Two Story, Frame Dwellina. Bulkhead & 2 Barn: g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? N/A i. How are adjacent waters classified? SA j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 5 UPLAND DEVELOPMENTS Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed Pavilion with Walkway, Parkin Lot, Boat Launch and Dock. b. Number of lots or parcels 84 c. Density (Give the number of residential units and the units per acre.) 84 Units, 1.67 Units per Acre d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation 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? e project a or community, private, or Xes commercial use? - - . {* ivy the percentage of the tract within 75 feet Private of mean high water to be covered by im. n } ,?, J permeable surfaces, such as pavement, ?{ c buildings, or rooftops. 0.03% Mrrrrrr?rrr???Yrr???r"??'?? g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. _. Concrete & Asphalt h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? Yes i. Describe proposed sewage disposal- and/or waste water treatment facilities. Tndi vi_dual Wel 1 & Se12ti c Tanks for nwPllings j. Have these facilities received state or local approval? Yes k. Describe existing treatment facilities. Prono-;ed Individual Well & .;,eFtic Tank for Each Lot. 1. Describe location and type of discharges to waters of the state (for example,, surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). Surface Runoff m. Water supplysource Individual Wells n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro. vide 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 excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 60 16 1.3 b. Amount of material to be excavated from below water level in cubic yards None c. Type of material N/A d. Does the area to be excavated include marsh- land, swamps, or other wetlands? N/A , e. High ground excavation, in cubic yards N AL 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? NZA_ 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? N/A j. Does the disposal area include any marshland, swamplland,'or water areas? N/A k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards._ N/A m. Type of fill material N/A n. Source of fill material N/A o. Will fill material be placed on marsh or other wetlands? N/A p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? N/A l r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Baekhoe s. Will wetlands be crossed in transporting equip- ment to the project site? No if yes, explain the steps that will be take to lessen en- vironmental impacts. N/A 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 83 ' b. Average distance waterward of mean high water or normal water level 10' c. Shoreline erosion during preceding 12 months, in feet None d. Type of bulkhead material Salt Treated Lumber e. Amount of fill, ih cubic yards, to be placed below mean high water None f. Type of fill material N/A 8:7':ADDITI0NAL 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 for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion 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 8 ?i x 11 white paper. (Refer to Coastal Resources Commission Rule 7).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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing 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 per- sonnel 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 com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name R? ?,% A v"..., VNc. Address _: c-Y sou; Kcc t6,tc-& Cts, X) ??3 SS7 Name ?G h Address 3v Name Address Ex[). 02-1 6-9 1 A list of previous state or federal permits issued for -,?•ori; on the project tract. Include permit numbers, permittee, and issuing dates. 7?i53 1-11,-90 P;;»> Rarqnnsi A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIS=? ,wJar? SION 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 condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed 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 ap- plicatio,4And fg lowpp monitoring of project. This/is th t day of r..? 1 19A,:?- J / er or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. ?•'O.? ............... 9 0 t c ttt v / S I 01 1 rM?7 D /x? •?1 .. 4.' p Z I ?.' ? G ? n M ?- . A, O 01 o 01 Z :• Z `? m n CID M 4 0 c T i 'G D O lOS tt\-rtxN- /- p. , G \. m :? \ •\ c?• ti \ N v ?j 11?-?°I. FIB ov i\ •\ 4 ( ti FEB 2,1 1995 \' ??M•w•r?w••IrwP?.w??lr???? r? U V) Q NO OJ O -? w= vU u. 06 w w QV W V <w Q W w- J O Q z tf' Lj U vi Z Z LJ Z I o Z ? o N ?z aY Q o. ?z U? SN stn ?a U a0? Nw =J ?1= a warn o Q o z -j° ° Q J dLLJ ?- + Oa? pL.L ? 3 z O Ow zZ I o m U' :D a LL -n m o 5 0 F= ?- It W -,r CD °na V) OF J II do d? O II ?_? II .4. 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R/W tK C 1-SF.D. = DIIE STUkI" FRAME DWELLING ?dJ, hL t.. :'N:.UI 2-S.F.D. = TWO STORY FRAME DWELLING RIW t?r ?y BLDG. = BUILDING 4: vloo AMHWL(8/94) _ APPROXIMATE MEAN HIGH AM ?VDAa 5R' Iw ?`J•iJl III,JJJ ---_ --^- -- WATER LINE (AUGUST 1994) KL'o ( 10 C5 - CURVE NUMBER y SQ. F7. - SQUARE FEET M 014E - OVERHEAD ELECTRIC UTILITIES ---.?n = 10' x 70' N.C.D.O.T. SIGHT D[S7ANCE d 1 O = IRON PIPE RAIL --? (i =RAIL ROAD SPIKE ?•Y. . NON MONUNENTED POINT --- - -. i WOOD BULKHEAD UTILIif POLE 0 LIGHT POLE DIVISION OF COASTAL MANAGEMENT D E 11'1 FIELD INVESTIGATION REPORT rJ 3 APPLICANT'S NAME: Cypress Bay on The Neuse / Live Oak Development Co. 2. LOCATION OF PROJECT SITE: Neuse River near Long Creek off SR #1704 in Craven County Photo Index - 1990: Strip #144 Frame #4 @ N,O-9 ,77 State Plane Coordinates - X: 2681600 Y: 426100 _ ! 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit 6 March 1995 U P.. Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 21 February 1995 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County LUP January 1994 Land Classification From LUP - Limited Transition / Conservation (B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline, Coastal Wetlands (C) Water Dependent: YES (D) Intended Use: Housing Development (E) Wastewater Treatment: Existing - NONE Planned - Individual Septic Tanks (F) Type of Structures: Existing - Old Farm House and Fields Planned- - Residential Subdivision (G) Estimated Annual Rate of Erosion: Undetermined Source - Sandy Beach, Wetlands Fringe 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Saltmeadow Hay boatramp 600 sq.ft. footprint pier 200 sq. ft. (B) Non-Vegetated Wetlands boatramp footprint pier River Bottomland 1200 sq. ft. 450 sq. ft. (C) Other: parking lot pavilion Highground 9000 sq. ft. 1225 sq. ft. 404 Wetlands 500 sq. ft. (D) Total Area Disturbed: Approx. 9 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to develop an 84 lot, subdivision on 140 acres of highground property. The construction plans include a community boat ramp and pier with asphalt parking lot. A new pavilion with wooden walkway across 404 wetlands will be constructed to provide pedestrian access to the outer beach. Please type or print. Carefully describe all an- d. Describe the planned use of the project. ticipated development activities, including construc- Private Subdivision tion, excavation, filling, paving, land clearing, and Recreation Area Boat Launch, stormwater control. If the requested information is pock & Pavilion not relevant to your project, write N/A (not ap- plicable). Items 14 and 8-9 must be completed for 4 LAND AND WATER all projects. . CHARACTERISTICS 1 APPLICANT a. Size of entire tract 14 0 3 4 Acres Name Live Oak Development Co. a b. Size of individual lot(s) Average Size 1 .57 . Address 61 Princess Street c. Elevation of tract above mean sea level or Na- Acre City Wilmington State N.C. tional Geodetic Vertical Datum 9 Zip 28401 I Day phone (910) 7 6 2-4 3 5 6 d. Soil type(s) and texture(s) of tract Silt Loam x Landowner or Authorized agent e. Vegetation on tract Grass Pasture and b. Project name (if any Cypress Bay on d The Neuse c. If the applicant is not the landowner also give Woo s f. Man-made features now on tract Two Story , the owner's name and address game Dwelling. Bulkhead & 2 Barns ? . g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional x Developed Community .2 LOCATION OF PROPOSED Rural Other PROJECT ' h. How is the tract zoned by local government? N/A a. Street address or secondary road number i. How are adjacent waters classified? SA Becton Road - SR 1 704 j. Has a professional archaeological survey been b. City, town, community or landmark carried out for the tract? No , Township 5, Craven County, N.C. If so, by whom? c. County Craven d. Is proposed work within city limits or planning 5 -UPLAND DEVELOPMENT Craven Co. jurisdiction. e. Name of body of water nearest project i Complete this section if the project includes any Neuse R ver upland development. a. Type and number of buildings, facilities, or 3 DESCRIPTION AND :PLANNED; structures proposed ;V USE OF PROPOSED PROJECT Pavilion with Walkway, Parking Lot, Boat Launch and Dock. a. Describe all development activities you propose b. Number of lots or parcels 84 (for example, building a home motel marina c. Density (Give the number of residential units , , , bulkhead or pier). and the units per acre.) 84 Units, , Concrete Boat Ramp, Bulkhead, 1.67 Units per Acre d Dock, Pavilion with Walkway . Size of area to be graded or disturbed and Parking Lot 9 Acres e. If the proposed project will disturb more than If you plan to build a marina, also complete one acre of land, the Division of Land Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable has a fisting project, new work, or both? New Work , sedimentation and erosion control plan been c. Will the project be for communit rivate or submitted to the Division of Land Resources? y, p , commercial use? ' "1 r iv the percentage of the tract within 75 feet Private t ?? f "" _ of *an high water to be covered by im- 2 1 ,- p4eable surfaces, such as pavement, 19 5 1 tl? FEB b4iings, or rooftops. 0.03% g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. _ concrete & Asphalt h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? Yes i. Describe proposed sewage disposal- and/or waste water treatment facilities. Individual Well & Septic Tanks for Dwellings j. Have these facilities received state or local approval? Yes k. Describe existing treatment facilities. Proposed Individual Well & _Septic Tank for Each Lot. 1. Describe location and type of discharges to waters of the state (for examplev surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). Surface Runoff m. Water supply source Individual Wells n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide 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 excava. tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 60 16 1.3' -4 b. Amount of material to be excavated from below water level in cubic yards None c. Type of material N/A d. Does the area to be excavated include marsh- land, swamps, or other wetlands? N/A e. High ground excavation, in cubic yards N/A 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? N/A j. Does the disposal area include any marshland, swamplland,'or water areas? N/A k. Will the fill material be placed below mean high water? N/A 1. Amount of.fill in cubic yards N/A m. Type of fill material N/A n. Source of fill material N/A o. Will fill material be placed on marsh or other wetlands? N/A p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? N/A r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Baekhoe s'. Will wetlands be crossed in transporting equip- ment to the project site? No if yes, explain the steps that will be take to lessen en. vironmental impacts. N/A 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 83 ' b. Average distance waterward of mean high water or normal water level 10, c. Shoreline erosion during preceding 12 months, in feet None d. Type of bulkhead material Salt Treated Lumber e. Amount of fill, ih cubic yards, to be placed below mean high water None f. Type of fill material N/A k?`8- "IADDITIONALJNFORMATION 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 for. ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion 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 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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing 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 per. sonnel 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 com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name R\ c-1\s_s? wtiYV\ C. Address _ c • ?,, X \ o•-t ?, KO:t?ACCt ?A, 1J C- ?S3SS7 Name,,\\\vx%k •???c nn,??o k 1cw?w..r ?vntt? Address 3q A?? _ k'JCA\f_ C, -?\s?-n?)_ Name Address Exp. 02-16-91 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. LAMA Permit for Fxi sting B it k},Pad 7g';3 11-16-90 P-1 RargnPGi A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIS= SION TO ENTER ON LAND;; `X z Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed 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 ap- plicatiop-4nd follow np monitoring of project. Thi his th ' day of 1 • A I 19; er or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. ?' ?. MCI 3 i Z Dy Ae !9-- o '7'I ? V ?O J y \, m C 7 , u Z Q m m ? cp?5 -? O, o m r ? 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