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HomeMy WebLinkAbout19960218 Ver 1_COMPLETE FILE_19960304DEHNR Fax : 9199753716 May 6 '96 14:47 P.06/11 ,r To: John Dorney Planning Branch DIVISION OF ENVIRONMEM MANAGEMENT CAEI>>AIC.OE PEST APPLICATION REVIEW WaRO PROJECT WQ SUPERVISOR: THO REVIEM: SAWYER DATE! WETLAM INFORMATION FOR CEN',E'RAL OFFICE TRAC?CING FERWT YE: 92 F T NO.: PROJECT NAME: COEIrTI'Y: PROJECT TYPE: I I =0- tea.... ? ?T TYPE: d,OB COE #: DOT 0? RCD FROM CDA: ? DATE FROM CDA: REG OFFICE; WaR0 RXVER ANDS BASIN #: - d 7 STREAM 0 ADJACENT WA BODY: ,.-w- do 64- CLASS! ? e-. --A) 5 STREAM INDEX OPEN OR LO WL DQAC T WL TXPE:. WL REQUESTED: wL ACR EST: WDRO CNEM: WL SCORE: MITIGATION: MITIGATION TUB: MITIGATION SIZEa G SB?T ATTACHED? RECOMt WATION: /ISSUE/COND DENY BOLD? STORMWATER PLAN R.EQ'D: P I ' YES, DATE APPROVED; ""?"" p PROJECT DESCRIPTIO : d s. WATER QUALITY CERT. (40) a CERT. HEQ'D: - IF YES, TYPE.?+ ??., SEWAGE DISPOSAL TYPE OF DISPOSAL Y-ROPQSED: (TING, PROPOSED, SEP6 'VK ETC. } TO BE PERMITTED BY: (DEM, DHS, (C4?} ' IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATZRIWETLAND FILL AREA OF FILL: WATER: 5-5 "I oh -a WETLAND! IS FILL ELIMINATING A SIGNIFICANT U E?r' -1 4 DREDGING AREA TO BE DREDGED: e94/1& 714v I5 DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; C-n-tral Files; DCM Field Offices; C07- Washington offieo DEHNR 1"I04DR"DUM Fax:9199753716 May 6 '96 14:47 P.07/11 DIVISION OF ENVIRONMENTAL MANAGEMENT To., Bill Moore, Environmental Engineer Water Quality Section, WaRO From: Deborah sawyer, Environmental Technician Water Quality Section, WaRO Date: Subject: Request for Stormwater Review of Section 401 Applications PROJECT NAME: PROJECT NUMBER : DATE RECEIVED: DATE FINAL COMMENT: NQTE_ see attached description of project COMMENTS: 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 C) E ?---1 N R April 26, 1996 Beaufort County DEM Project # 960218 APPROVAL of 401 Water Quality Certification Mr. Samuel Windley 721 Smuh Shore Road Belhaven, NC 27810 Dear Mr. Windley: You have our approval to place fill material in 2,655 square feet of wetlands or waters for the purpose of filling a manmade basin and installing a bulkhead at SR 1769 on Pungo Creek, as you described in your application dated 4 March 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. 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 certifkation, 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 Dorney at 919-733- 1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files John Parker; DCM Sincerely-, star Howard, Jr. P.E. 960218.1tr Environmental Sciences Branch, 4401 Reedy Greek Rd., Ralekgh, NO 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • SM recycled/10% post consumer paper DEFWR Fax:9199753716 Apr 10 '96 1542 P.06/07 To: John Dovney Planning Branch • DIVISION OF ENVIRONMOMAL MANAGE CAMAlaOE PERMIT APPLICATION BXVM W?go ruo?r?c? 111, -11136 SuPERVrSm-. REVIBWBR: SAWM U&THs io pG WE•t'i.AND DJMMUTION XW CENTRAL CWFYCB T0ZWi6 PER UT U., 92 P, IIT CO 'Y: a pFx"= NAM- PROJE?(T TYPBI Sme m;""?G--E 74PEOW TYPE: COB f: _ DOT #: RCD FRO![ C : MW CDA: I= OFFICE: w w- DATE RIVER ANA SUB 11ASIp % •fL 4 STREAM OR ADJACENT WATER BODY: t-?w a Celt 0X CLASS: .SC-ItISr.J srxSAts n?c ?: ? ?'????3c5 OPEN OR CLOSED: WL DPACr:. A/0 WL TYM: WL STSD: WL ACR EST: HYDRO t:ID3CT7 : WL SCORS: MITIGATION: MITIGATION TYPE. HITIGATION SIZE: TING Sir ATEAQW? RBCp ATION: ISSUE/COND DENY HOLD STORMWATER PLAN REQ`D: IF YES. DATE APPROVED: PROJECT DESCRI?P N: VATZR QUALITY CERT. (401) CERT. REQ'D: IF YES, TYPE:'/ SBHACE DISPOSAL TYPE OF DISPOSAL ED: (W ISPROPOSED, foii'C' C ETC.) TO BE PERMITTED BY: _?!? (DFM, DNS, _ t IF' BY DEM. IS SITE AVAILABLE AND P T ISSUANCE PROBABLE. WATEB/WBTi.AND FILL. AREA OF FILL: WATER: c2 !+J` a- AREA -- Q IS FILL ELIMINATING A SIGNIFICANT USE. DREDGING AREA TO BE DREDGED: -e> `" IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MAIM AM THE FOLLOWING ADEQUATELY ADDRESSED? 111• SEWAGE DISPOSAL: MARINA, SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WM; Central Files; DM Field Offices; COE Washington Office DEHNR Fax:9199753716 Apr 10 '96 1543 P.07/07 DIVISION OF ENVIRONMENTAL MANAGEMENT To: Bill Moore, Environmental Engineer Water Quality Section, WaRO From., Deborah Sawyer, Environmental Technician Water Quality Section, WaRO Date: subject; Request for Stormwater Review of Section 401 Applications ?n PROJECT NAME :PII ?.?.?.? . PROJECT NUMBER: DATE RECEIVED: /f DATE FINAL COMMENT: ?1 NOTE: See attached description of project COV94ENTS : %&-a& DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199601388 February 29, 1996 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: 960218 50' Enclosed is the application of Samuel R. Windley for Department of the Army (DA) authorization and a State Water Quality Certification to place fill material in an existing man-made basin and construct a bulkhead and riprap, on property located off State Road 1769, at Smith Shores on Pungo Creek, near Belhaven, Beaufort 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by April 28, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field office, telephone (919) 975-1616, extension 23. Sincerely, Ralei Bland Regulatory Project Manager 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Samuel R. Windley 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1769 at Smith Shores on Pungo Creek near Belhaven, North Carolina Photo Index - 1989: 2-82 #5; 144,144,154 1984: 79-965; 18-D, 18-E State Plane Coordinates - X: 2,695,500 Y: 648,700 Pantego Quad. (lower right comer) 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/21/96 Was Applicant Present - YES 5. PROCESSING PROCEDURE: Application Received - 2/22/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (water, wetlands) Community (land) (B) AEC(s) Involved: PTA,EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank and drain field Planned - N/A (F) Type of Structures Existing - House, garage, bulkhead, riprap, and pier Planned - Bulkhead and riprap (G) Estimated Annual Rate of Erosion: Zero Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands ±1,500 ft2 manmade basin (C) Other ±1,055 ft2 riprap in Pungo Creek (D) Total Area Disturbed: ±0.06 acres (E) Primary Nursery Area: NO (F) Water Classification: SC-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to close off and fill in an existing manmade basin by constructing a bulkhead and placing riprap on the waterward side of the bulkhead. r; }^ w? R , Sam Windley Smith Shores Subdivision Project setting The project site is located off SR 1769 at Smith Shores on Pungo Creek near Belhaven, North Carolina. The property is bordered on both sides by developed and bulkheaded lots and is a part of Smith Shores subdivision. The property measures ±213.5' along the shoreline and is bulkheaded with the downstream (east) end of the site protected with approximately 77' of riprap. An approximately 75' by 20' manmade basin cuts into the property and is bulkheaded on three sides. An existing home and a detached garage are present on the site. The area is vegetated with lawn grass, several hardwood trees and various landscape shrubs adjacent the dwelling. A pier with a T- head exist at the upstream (west) side of the property. The project site is approximately 2' above the normal water level. Pungo Creek is classified as SC-NSW by the Environmental Management Commission. Pungo Creek at the project site is coastal water but is closed to shell fishing as a polluted water. Project description The applicant proposes to close off and fill the existing ±75' by ±20' manmade basin by constructing a new 60' bulkhead from corner to corner of the existing bulkhead. Approximately 1,500 ft' are proposed to be filled in the manmade basin. Riprap is proposed 5' waterward of the newly constructed bulkhead as well as 5' in front (waterward) of the existing 74' of bulkhead. The applicant proposes to add riprap to the existing ±77' of riprap on the east end of the property. Anticipated impacts The project as proposed will result in the filling of ±1,500 ft2 of a manmade basin adjacent Pungo Creek. The placement of riprap will result in the filling of ±1,055 ft2 of creek bottom. The project as proposed will result in localized turbidity as a result of the construction activities. David W. Moye - 22 February 1996 s • f To: North Carolina Dept of Environment, Health and Natural Resources From: Samuel R Windley 721 Smith Shore Rd Belhaven N C 27810 Subject: Narrative description of bulkhead/fill project Date: 21 February 1996 The project as proposed consist of fortifying an existing segment of bulkhead with additional rocks. A new segment of bulkhead is proposed to close the mouth of an existing man- made basin. This segment will be approximately sixty feet in length. I propose to construct this segment with treated lumber in the normal accepted manor and then to place riprap in front of the wooden bulkhead. The final segment which is approximately seventy four feet in length and is now a wooden bulkhead will be fortified by the addition of riprap. I propose to fill the area of the former man-made basin with dirt. The reason for this project is to stabilize the shoreline in a manor that will be aesthetically pleasing, practical and ecologically safe for many years to come. P)CIII'k6t' s Form DCM-IMP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark NL-AA (3C;L14A0 9N 1. APPLICANT a. Landowner: Name s0.. rn,,k e( R. ?'V r ti D L E y Address 7.21 •3m ( CIA Sko ce I4 City 3 LN A 05C, State l? C Zip ?7FfI& Day Phone gIq-C1Glq-12 •2a2 Fax b. Authorized Agent: Name M A Address City Zip Day Phone Fax State c. Project name (if any) k A NOTE. Pandt will be issued in name of landowner(s), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. County BEAU SORT c. Street address or secondary road number 7.21 5m i ll? ShorP PJ s4J-P, Al 'F 1769 d. Is proposed work within city limits or planning jurisdiction? Yes Y_ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 2u ? C ? eE K 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or fillin activities. o.dcl r_.o r!a4 - C e r?'Q ru p Con sfru + L- I&e? 4r, dr, ce a r-F Mar" - mcJt 6?LS,n b. Is the proposed activity maintenance of an existing project, new work, or both? BQ7-/4 c. Will the project for public, private or commercial use? O r/ \)&Z- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. ConS7RUcT ion Lp r L,I k'P42 - 41G k < V Fro h ,,1?(o?tnL? Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Qao r o i[ o g ca. c ? e b. Size of individual lot(s) • A •4 ac re c. Approximate elevation of tract above MHW or NWL I VY2 d. Soil type(s) and texture(s) of tract e. Vegetation on tract 4 r<i SS f. Man-made features now on tract NOkS'e C'u ?CsSC g. What is the CAMA Land Use Plan land classification of the site? (Consult Me local land use plan.) Conservation Developed Rural Transitional _/ Community Other h. How is the tract zoned by local government? 1')0 obi>rn i. Is the proposed project consistent with the applicable zoning? Yes No (Anach zoning compliance eendficwe, if applicable) j• Has a professional done for the tract? If yes, by whom?. k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes V No 1. Are there wetlands on the site? Yes No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) archaeological assessment been Yes L_ No m. Describe a isting wastewater treatment facilities. SFPi IC SYSTPti? n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges.) SUi FQCe n0FF o. Describe existing drinking water supply source. We(( 2? 3' deep 5. 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 properties. 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, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of 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 R&WIC.a naiac Form DC14MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name NorwooA 3 Nu.bsctJ Address 42 3 Sm 1 1Shcre Ind geltXI JeI IC -2 7&(0 Phone c) I - 5( 4 - 4l0 35 Name W, Ilan RAclr p nee- Address 743 Sr?Th Skore Rd. Bplt,???>,, tiC 77&10 Phone GIS - Rey- 1{94 - Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that 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 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the c'21 day of A, 19-5L. Print Name . SCt w. µ e I ?? I N Z L C v Signature Landowner or Authorized At Please indicate attachments pertaining to your proposed project. V DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average FbW Ei& tog Project r e.....6 Width nenth Deoth Access channel (MLW) OT (NWL) Canal Boat basin Boat ramp Rock groin -.Rock breakwater Other (Excluding shoreline stabilization) 1 75 1. EXCAVATION NA a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other'wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? Rovitnd n,%/Qt Forni DCN1I-WW-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No If yes, (1) Amount of material to bed placed in the water I I I cc, y (2) Dimensions of fill area aC' k -75? (3) Purpose of fill Fill + ti MR-.! ne bi b gsi rv 3. SHORELINE STABILIZATION a. Type of shoreline stabilization y Bulkhead V Riprap b. Length 4,0' 301( EJ i l Rt praP c. Average distance waterward of MHW or NWL 75 It ?. p«I ai P yap 5 + t b:?ikk d. Maximum distance waterward of MHW or NWL 20' e. Shoreline erosion during preceding 12 months /,JONC (Source of information) f. Type of bulkhead o rprap material l,A)cob RckxS g. Amount of fill in cubic yards to be placed below water level (1) Riprap 78 CLt y (2) Bulkhead backfill h. Type of fill material sa o._4 ea r I-[-, L Source of fill material CCYI i 2ACT02 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? /V Yes No b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes V No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? &tu<_e,,d WJ1 b,_ Cb,1\Stru.&,eJ 4,?C rQ f; I I fa kQ < Q /o c e b. 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