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HomeMy WebLinkAbout19950435 Ver 1_COMPLETE FILE_19950110To: John Dome' y Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT LAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON , ? WQ SUPERVISOR: ADKINS DATE: May 24, 1995 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 95 PERMIT NO.: 95435 COUNTY: New Hanover PROJECT NAME: Michael R. Piner PROJECT TYPE: Road Crossing PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: April 26, 1995 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: Middle Sound CLASS: SA ORW STREAM INDEX #: 18-87-11.7 *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: Oth WL REQUESTED: 0.03 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 construct a home and a access road. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #2732 for minor road crossings SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Individual Septic Tank TO BE PERMITTED BY: County IF BY DEM,' IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 1348 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 o% Fs 95435.May 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.) RECON UVW, NDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Tere Barrett John Parker 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 APPROVAL of 401 Water Quality Certification Mr. Michael Piner 439 John S. Mosby Drive Wilmington, N.C. 28412 Dear Mr. Piner: r 'V 4**A WOO& E:) EH F1 June 1, 1995 New Hanover County DEM Project # 95435 FILE COPY You have our approval to place fill material in 1348 square feet of wetlands or waters for the purpose of constructing a road crossing at 1324 Final Landing Lane, as you described in your application dated 26 April 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2732. This certification allows you to use Nationwide Permit Number 14 or its equivalent 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. 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 60 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, Attachment cc: 4reoh Howard, Jr. P.E. Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM 95435.1tr 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Michael R. Piner q5 y-5,5 2. LOCATION OF PROJECT SITE: 1324 Final Landing Lane, north of the bridge to Figure 8 Island on the mainland, in Wilmington, New Hanover County Photo Index - 1989: 174-15; Gr. 11-V 1984: 18-232 Gr. 17-M State Plane Coordinates - X: 2374250 Y: 193350 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/04/95 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received - cc: 04/21/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - None MAY 1 21995 Planned -Septic Tank ;- WAI L°--?-`?`-AU (F) Type of Structures: Existing - None Planned - Residence, Road Crossing (G) Estimated Annual Rate of Erosion: N/A Source - 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 1348 s.f. Delineated 404 (B) Non-Vegetated Wetlands (C) Other 14,510 s.f. High Ground (D) Total Area Disturbed: 36 Acres (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a home, with access from the adjacent property across a ditch; also a septic system pumping to a tank and drainfield on the adjacent property. Michael Piner Page 2 9. PROTECT DESCRIPTION 04/24/95 The project site is located adjacent to Middle Sound at 1324 Final Landing Lane just north of the Figure Eight Island Bridge on the mainland. This is a rural residential area, surrounded by residential area. The tract is approximately 3.16 acres in size, vegetated predominately with high ground species. Approximately .65 acres of this tract is wetlands. The tract extends approximately 1400' from Final Landing Lane eastward and is approximately 100' wide. The lot fronts Middle Sound to the east, and has a ditch on it's north side. This ditch extends approximately 700' inland from mean high water. The estuarine influence is not evident far from the mouth due to an elevation increase. The vegetation indicates freshwater influence. The ditch has been delineated for 404 type wetlands, and the survey has been approved by the US Army Corps of Engineers. Middle sound is classified SH-ORW by the Division of Environmental Management. The west side of sound is not designated as Primary Nursery Area. The waters are open to the taking of shellfish. New Hanover County classifies the area as Conservation. The applicant's mother owns lots 7 and 8. She has given him an easement for a septic tank and drainfield on lot 8, with permission to apply for a road crossing and residence on lot 7. The applicant will purchase the lot if the permit is approved. The proposal is to grade the portion of high ground to the south of the ditch to approximately 9.5' msl. This would include approximately 14,510 s.f. of high ground. A residence with a 42' X 44' footprint would be constructed approximately 85' landward of mean high water. There would be a 10' porch extending the 44' width of the structure on the waterward side. * The house is to be constructed on pilings, with a finished elevation of approximately 19.5' above msl. Landward of the house is a 37' X 44' parking pad beyond the house footprint. This is to continue under the residence for parking. The 12' wide driveway will extend westward for approximately 125' before turning to cross the ditch. From there, the applicant is proposing to drive across the properties with no improvements, as the family does presently. Crossing the ditch will require the filling of approximately 1200 s.f. of wetlands. An 18" culvert is proposed to prevent restricting water flow. The culvert will be 40' long to extend from the widest points of the fill in the deepest portion of the ditch. The driveway will also require the fill of 148 s.f. of these same wetlands in stabilizing the shoulder. This is a 37' section, with fill extending approximately 4' wide into the wetlands. An 18' section will be stabilized with rip rap above the wetlands. A grinder pump will be installed landward of the house, with a sewer line to carry the effluent to a septic tank and drainfield on lot 8. This system and location have been approved by the New Hanover County Health. Department. The roadway, parking pad, and residential structure (assuming a roof over the porch, or concrete underneath) totals approximately 6976 s. f. of impervious surface area, or 12 % of the ORW Estuarine Shoreline. Michael R. Piner Page 3 10. ANTICIPATED IMPACTS The project will cause the fill of approximately 1348 s.f. of delineated 404 wetlands. Approximately 14,510 s.f. of high ground will be graded and filled for the project. The water flow at the project site is minimal, and should be adequately handled with the proposed culvert. Impervious surface coverage is approximately 12 % within the ORW Estuarine Shoreline. The potential for impact from the project lies in the material and the manner of construction of the sewer pipe crossing the wetlands. Submitted by: T. Barrett Date: 04/24/95 Office: Wilmington Please type or print. Carefully describe all anticipated development activities,-including construction, excava- tion, filling, paving, land clearing, and stormwater 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 /111 c- h a e l e, A H e.r. Address ?3q So?,u S. R-S6y Dr City 0 i 1-m 11% g ]LBtic State Al C. Zip Z 8 4! Z Day phone 7 9 7/7109 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? c. Will the project be for community, private, or commercial use? Pr i J o,,-+,e... d. Describe the planned use of the project. 14 "vL t- S r At &?A Landowner or `Z,9 b. Project name (if any) I IF- r T1 F r' 9 4 L c. If the applicant is not the landowner, also give gsIO OF CHARACTERISTICS . e e 4&1 . r ??. , L MANAGE a. N RqTf entire tract 3. 1 6 4,- re s g b. Size o individual lot(s) Sa y?1 e. \ ?c o of tract above mean sea level or \ Natio al eodetic Vertical Datum 2 LOCATION OF PROPOSE R-? JAN 19 4 Jam= !roue M 5? PROJECT _Zlod,., Soil type(s) and texture(s) of tract a. Street address or secondary road numbeffr'Q 13 Z 5? Fi m a I L o-k-et e. V;ge non tract S ?- A. ??a.r? o u 5 i i r rs c&,? 141 ekorU Tree b. City, town, community, or landmark L? APR 04 19 Q r- 0 J' I w+. I V, a -E M_ f. `lean-made features now on tract N DYt E- c. County IJ t° cJ a, I& a-rrt•r D i v` 00N %h tike LAMA Land Use Plan Classification of "('A"' At M 'Al AIN N' Rte (Consult the local land use plan.) d. Is proposed work within city limits or planning jurisdiction? MID Conservation Transitional e. Name f body of water nearest project Developed Community a -n fa akr &/y, 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). S, A a ha2m_o T _;1( Q S-.,1i d G a -69 r V ri ?e L.,O Cr h. How is the tract zoned by local government? 2 20 i. How are adjacent waters dlassified? SA j. Has a professional archaeological survey been carried out for the tract? A/6 If so, by whom? 3/91 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed ell i 1A LL dDo5 e b. Number of lots or parcels 1 ?- o f c. Density (Give the number of residential units and the units per acre.) ! • 3 It.. d. Size of area to be graded or disturbed / 7,9 0 0? Cf &t 54 Acres 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? Al- 4 . m. Water supply source 1,J ea - ON 511 e- n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beat accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable /fif . floor? n c, 7,7TDP `l 6 EXCAVATION AND:t?11- JAN 1 1995 INFORMATION Describe belaw the purpose Qfg"tom 1 R ? GIEMENT f. Give the percentage of the tract within 75 feet n hick are I? J?,1Y3 v i (excluding bulkheads, mean high water to be covered by impermeable, - G surfaces, such as pavement, buildings, roofro s covered in e on 7). .7 o ( 4,44 /.?'+ r? A . 110/95 Length Width Depth PIP R 04 g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. D i'J I ( = (N`WL) r 6- r/e 1.) COASTAL K4ANAGEMEN T Cam,. er e_d'e S ?G ffous e Boat basin h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? .41-4. i. Describe proposed sewage disposal and/or waste water treatment facilities. PyYn o S.-Plic- T*- Ak Pur,De, t ¢o ,4 Ag re-,, ?Q N e. He ! j. Have these facilities received state or local approval? yes k. Describe existing t atment facilities. Se A • F c 16 b i4 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). S r ,.,AA Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW ®Sw- c Upland fill areas b. Amount of material to be excavated from below water level in cubic yards Al- A . _ c. Type of material NA- d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubi yards. r • B o r ? o ? .? r ems. o?f are ?.s , , - vAl ?i N II ? 11-f Q d "-? VI 10 C C A AL AN GE ENT (3 - 3-7 4 R x 35 yec. D Z0?' X 6 G 2 3/91 f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in N-FI feet k y yL e- g. Location of spoil disposal area IV 4. d. Type of bulkhead material 6ZLL_&, Sd+ma-?-2t"`?S`- e. Amount of fill, in cubic yards, to be placed below h. Do you claim title to the disposal area? AJ. mean high water 0 y1 ig If not, attach a letter granting permission from the 'ht PP owner. f. Type of fill material i. Willa disposal area be available for future maintenance? A/• 1 . If so, where? A/, jq j. Does the disposal area include any marshland, swam s, or water areas? • A . 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: k. Will the fill material be placed below mean high A copy of the deed (with state application only)'or other water? instrument under which the applicant claims title to the ulc+rp+.4 uPC? ?- affected property. If the applicant is not claiming to be 1. Amount of fill in cubic yards /`5-cy g the owner of said property, then forward a copy of the in. Type of fill material Sandal Cl &'u deed or other instrument under which the owner claims n. Source of fill material O?? Si 4?---t! Illear title, plus written permission from the owner to cant' out i ! bV ro' ct. o. Will fill material be placed on marsh o e ?J n kLt) Es eJc o?dls 5?p B ? 5er e- An acerate work plat (including plan view and cross wetlands? Dimensions of the wetland to be filled APR u 4 1g?nL_zl"?awings) drawn to scale in black ink on an 8 p• y3t-71 h X Y-' 11 white paper. (Refer to Coastal Resources * sae. C ?'avp x 30, C ? y iSION 8Qmmission Rule 7J.0203 for a detailed description.) q. How will excavated or fill material be-keptSR.site i'viA NA I' ayA and erosion controlled? ilea e b?e that original drawings are preferred and 5A a SeeJ ec( only high quality copies will be accepted. Blue-line sew ?a,? t3 ?2 I? p P 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 r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part (for example, dragline, backhoe, or hydraulic of plat re q and it must be sufficient) detailed dredge)? Igo Zer lo..(s...ou q y Tuck f_a v Dri L1 P-( Mo ?,,;,? to guide agency personnel unfamiliar with the area to the -? T site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? If yes, explain steps that will beltaken to lessen environmental impacts. oc-cQ A stormwater management plan, if applicable, that may have been developed in consultation with the n Division of Environmental Management. 11 L W , t 1 J S e- I -V ack A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments 7 SHORELINE STABILIZATION on the proposed project to the Division of Co stal llI gems-nl 0i, e v e? b3e t f y. V a. Length of bulkhead or riprap 412i 41S J ? I'll b. Average distance waterward of mean high watel i Its j ;1 19 c DE, 2 ? 1094 15 normal water level _?? . \; DIVIS O,\I'V OF M J!VISI '4 OF 3/91 COASTAL MANAGEMENT?30ASTAL MAN GEMENT 3 Name Mt Te V-e e a k1 t,PL Address 79 C. _T Marke+ 61 1?1r'1-Kiw IL-am- A) Z?40S Name q r. DaNu e- ( R. Pt K&_r Address 6a$ ?- Tli- G ar"1? a v?, AX Z7587 Name ?Lr y- Pkt ?(j p G5t` Address f ?Gq /?/ 1'1 of ?-h A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ME>"P 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. ?V. A . 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). N. A 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- p,oved 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 /5f_ day of . , 191Z. X ?7i22c.-e? K - Landowner or Authorized agent , V n . 9 - APR 0 41995 DIVISION OF 00ASTAL MANAGEMENT E D DEC 0 1994 IVISIO OF OASTAL MAN EiPlENT JAN ' 7 1995 DIVySION F COASTAU MANAG ENT 4 3/91 Subject: Cama Major Permit Application March 31, 1995 Michael and Jean Piner plan to build a home on lot # 7 of the subdivision called EDGEWATER, which was surveyed and registered in New Hanover County is 1926. The lot has not been changed. We have been advised by Ms. Ann Hines, of the New Hanover county zoning department, that the lot is "grandfathered" as far as the 75 feet CAMA setback line is concerned. Ms. Hines further advised us to pursue a Major CAMA permit from the State of North Carolina, and the U S Army Corps of Engineers. Lot # 7 is 100 ft wide, bounded on the northwest side by Final Landing Lane. The lot runs approx. 1400 ft to the waterfront. This is called Middle Sound. One line bounded by Lot # 8 is 1330 ft long. The other line bounded by lot # 6 is 1420 ft long. Access will be down the lot from Final Landing ln. The Driveway crossing is in an area of a ditch and not in the wide part of the wetlands, thus the area of wetlands covered by a road fill has been kept to a minimum of approx. 1200 sq ft. An 18 inch, 40 ft long corrugated metal pipe in the stream will pass the water under the road fill. Another small area of wetlands fill is needed. See the area at crossection B. The area, 125 sq ft, is needed to support the 12 ft wide road. The one story Frame dwelling is 42 X 44 ft with a 10 ft porch, on 8 by 8 inch treated pilings. The site will be graded to 9.5 ft MSL elevation with a concrete slab to park vehicles under the home. The first floor will be at approx. 19.5 ft MSL elevation. A well/pumphouse is located on the lot. The sewage system will be a grinder pump on the site, and a sewer line to the septic tank and drain lines located away from the wetlands by 100 ft or more. This site has been approved by the New Hanover Health Department. It is expected that the project will be completed in six months. The filling and road work would be the first phase. Measures to control erosion during all construction stages will be employed. 1 1 n APR 0 A-1995 ? DIVISION OF 0-0ASTAL W,A.NAGEI '11T