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HomeMy WebLinkAbout19960885 Ver 1_COMPLETE FILE_19960920ri To: John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY C'AMA MAJOR PERMIT APPLICATION RF.ViFW STAFF REPORT AND RECOMMENDATION RF GLONAT Off ICE S . , , REVIEWER: GREGSON ACTING WQ SUPERVISOR: BUSHARDT DATE: November 4, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKIN PERMIT YR: 96 PERMIT NO.: 960885 COUNTY: Brunswick PROJECT NAME: Dave Nelson PROJECT TYPE: Bulkhead PERMIT TYPE: LAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: September 12, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030759 ci *STREAM OR ADJACENT WATER BODY: AIWW m 2 1 CLASS: SA STREAM INDEX #: 15-25 - *OPEN OR CLOSED: Closed c WL IMPACT: Yes WL TYPE: SIR SM n WL REQUESTED: 0.01 WL ACR EST: Yes 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: IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to construct a bulkhead along the waterward side of his property. The bulkhead would be landward of M11W but would incorporate approximately 495 sq. Ft. of mixed coastal and 404 wetlands. WATER QUALITY CF.RT_ (40]) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 for .CAMA Major Permits 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 WATF.RMETLAND FILL. AREA OF FILL - WATER: N/A WETLAND: 495 sq. Ft. IS FILL ELIMINATING A SIGNIFICANT USE? No 960885.Nov Page Two RFC'OMMNDFD 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-E.F. Brooks John Parker .?+ State of North Carolina q 40 Department of Environment, Health and Natural Resources A&14 Wilmington Regional Office fi q?i``°,` Division of Coastal Management y U' !1 SEP 1 a 19%9 James B. Hunt, Jr., Governor [D E H N F=1 Jonathan B. Howes, Secretary -------------- .. ---- Roger N. Schecter, Director September 11, 1996 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Water Quality FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dave Nelson Project Location: 509 North Shore Drive, Sunset Beach, Brunswick County Proposed Project: The construction of a bulkhead along the waterward side of his property Please indicate below your agency's position or viewpoint on the proposed project and return this form by Oct 2, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT l: APPLICANT'S NAME: Dave Nelson 2. LOCATION OF PROJECT SITE: 509 North Shore Dr., Sunset Beach. Photo Index - 1995: 1-4 L,7 1989: 193-7 L,10 1984: 7-60 L,7 State Plane Coordinates - X: not available Y: not available 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/24/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 8/27/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Sunset Beach Land Classification From LUP - Developed (B) AEC(s) Involved: CW,ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Individual septic tank system (F) Type of Structures: Existing - None Planned - Bulkhead, future residence (G) Estimated Annual Rate of Erosion: NIA Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 495 sq.ft. Mixed coastal & 404 type (B) Non-Vegetated Wetlands (C) Other - Lot clearing 4250 sq. ft. High ground disturbance (D) Total Area Disturbed: 4745 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA Closed 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead along the waterward side of his property. The proposed straight alignment of the bulkhead to facilitate residential construction would incorporate approximately 495 square feet of mixed coastal and "404 type" wetlands. Dave Nelson Page 2 9. , PROTECT DESCRIPTION September 10, 1996 The project site is an undeveloped residential lot (Lot 26, Blk 40E), located at 509 North Shore Drive, on Sunset Beach, NC, in southeastern Brunswick County. The lot is bordered on it's north side by a large expanse of salt marsh which runs from the backside of Sunset Beach to the Atlantic Intracoastal Waterway (approx. 3300 ft.). The lot is fifty (50) feet wide and approximately 120 feet in depth, from North Shore Drive. The southern and central portions of the lot consists of a high sand ridge, 12-20 feet elevation at mean sea level (MSL), and the vegetation is primarily Wax Myrtle. The elevation drops sharply at the shoreline and the northern third (1/3) of the lot consists of high coastal marsh and "404 type" wetlands. The applicant has had the wetland line delineated and approved by the US Army Corps of Engineers, Regulatory Branch. Along and at the base of the slope that transitions highground to marsh, the vegetation includes Groundsel-tree (Baccharis halimifoli a), Marsh-elder (Iva frutescensl and Sea Ox-eye (Borrichia frutescens), intermixed with coastal wetlands species; Salt Meadow Grass (Spartina patens), Spike Grass (Distichlas spicata), Black Needle-rush (Juncus roemarianus), and Sea Lavender (Limoniun, super). Preceding waterward, the frequency and dominance of coastal wetland species increases, until reaching the vast Smooth Cordgrass (Spartina alterniflora) marsh behind the island. The waters adjacent to the project site are classified SA, by the NC Division of Environmental Management, and are CLOSED to the harvest of shellfish. These waters have also been designated as a primary nursery area (PNA) by the NC Division of Marine Fisheries. The applicant and his neighbor (Lynch, Lot 25) have both submitted CAMA Major Permit applications to construct straight line bulkheads along the irregular shaped shoreline of their lots. Both are requesting this bulkhead alignment to accommodate the design of subsequent residential construction. The applicant's proposed bulkhead would be approximately 55 feet long and four feet high. It would be located at the wetland line, on the east and west sides of the lot, but would be approximately 19 feet waterward of a wetland indention into the center of the lot. Backfill material for the bulkhead would be obtained from the highground portion of the lot during clearing and grading. The applicant would subsequently obtain required permits for the construction of his residence. 10. ANTICIPATED IMPACTS The construction of the proposed bulkhead would incorporate approximately 495 square feet of high marsh, coastal and "404 type" wetlands. 7 Submitted by: E. F. Brooks Date: Sept. 10, 1996 Office: Wilmington Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. 'Landowner: Name WVE NEl SQ? Address .ADZ -51 / 5277 ZZJ?O_ State /A/C City -s -' B ell b. City, town,Mcogmmunity or landm k Nes -- SE099 c. Street address or secondary road number LdT Z!o Bl-OC/e 'e140E d. Is proposed work ,thin ,city limits or planning jurisdiction? Yes ' No e. Name of body of water nearest project (e.g. river, creek, sound, bay) /Yl?9.P'S Zip ZB?loB Day Phone 9?d -?7g /000 Fax &WS 3. DESCRIPTION AND PLANNED USE D b. Authorized Agent: 7& H V F PROPOSED PROJECT ?-- Name 41.4 a. L? t all development activities you propose (e.g. - AUV 7 1996 uilding a home, motel, marina, bulkhead, pier, and D I V I S I O N OF excavation and/or filling activities. Address ?T ?i LG $v?/lf/Ei9U i IJAGEM.EP City State , Zip Day Phone Fax c. Project name (if any) N?i4 NOTE: Permit will be issued in nano of /midowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County b. Is the proposed activity maintenance of an existing project, new work, or both? /YEIn? c. Will the project be for public, private or commercial use? Ply/?/i9TL?" d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach Revised 03195 • 6 • % Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2 b. Size of individual lot(s) e. Approximate elevation of tract above MHW or N W L _ /9. co " d. Soil type(s) and texture(s) of tract 15 4n/oy e. Vegetation on tract Wl,?TCE BuS?EJ f. Man-made features now on tract n/oi1/F g. What. is the CAMA Land Use Plan land classification of the site? (consult the local rand use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? ?ES?pE.vTi A L i. Is the proposedproject consistent with the applicable zoning? eI" Yes No (attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes -No If ves. 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 No 1. Are there w a, dsi In tC? telNo Coastal (marVh? Other FS If yes, has lineation been c gg g y (attach docu n, tf th???b1) 1 p?V is lU? 0? Er1T COASTAL N!p.iJAG?M in. Describe existing wastewater treatment facilities. SEC 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.) NonlF o. Describe. existing, drinking, water supply source. G a v?1'T'Y 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 Form DCM-MP-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 E.o !02e Address .35/ d Ce29 Phone GSC?An/SSC? Sc?,gC,?! A/C OSV579 9io -z8 i7a Name Address Phone 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. /YffANR CAAA-A • 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 of 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 Z S day of , 1,11 cf , /19? Print Name A,/6- /Jt?oiy Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. 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 anachment in the space provided at the bonom of each form. D 7? ?T c t? -' N4 AUG 2 7 1996 DO DIV161ON OF COASTAL MAtgAGEMENT Revised 03195 . _? FN 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. ?14 Average Final Ddsting Project Length Width Deoth Depth Access channel. (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding - shoreline stabilization) Revised 03/95 9 1-,e 7- z? .8ZIC 404:- 1. EXCAVATION a. Amount of material to be excavated fr9m 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 vegetation4 (SAVs) or other wetlands? Yes No w, d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED y MATERIAL a. Location of disposal area N / ??1= b. - Dimensions of disposal area 4.- 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 avai•IableR'fofuture maintenance? Yes No / Vl rr If yes, where? AUG 2 7 1996 DiViS'l0N OF COASTAL MAwAGEMENT Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh). SAVs or other wetlaMnd Yes No C Does the disposal include any area in the water? Yes No 17/ 4 3. SHORELINE STABILIZATION a. Type ooreline stabilization Bulkhead Riprap b. Length 74 c. Average distance waterward of MHW or NWL N?Nr, d. Maximum distance waterward of MHW or NWL SON ?, e. Shoreline erosion during preceding 12 months Na'yc (Source of information) f. Type of bulkhead or riprap material V?aflO ?vG?Cf1F-A % g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material 5AXJ-0 i. Source of fill material E X CC s S S A?? c5 P,3 L0l 4. OTHER FILL ACTIVITIES (Excluding Sher lire Stabilization) V a. Will fill matertal? br ught to site? I ) Yes 'uAOJG 2 7 1996 DIVISIU;• )r COASTAL MANAGEMENT If yes, (1) Amount of material to be placed in -the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (maY ), SAVs or other wetlands? Yes No If yes, AvezA, e (1) Dimensions of fill area o ' ,(So (2) Purpose of fill '8AcK_' r-r LC Tc? 'P0 323E-P &JLlC(4E4D 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? SlGT FE^/Cc -' L?•?ie?Fi9? ?` C?'?•s+sSEp b. 'What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr ssed in transpo ' g equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or ject Name r?- Signature 7- ZS=?1?p Date Revised 03195 i ?aTz? CD•?E" AUG 2 7 1996 DIVISION OF COASTAL, Ml9* N19,MT a N 0? N JAI V' o? SD i SCALE.' / " __ _Za U,??9r??/ ?fJ ' DA ?E ??Ls?zc/? -- -- - - - 1-- - -- ..._ _ EGA 026 (r ' ?,t SEM 993/29 U? p r- ? , r+ NARpU o CA y;p,RRF?SpN Z ° sr 657 O' 01 v n M..oo.oo•t rrl CD M,,0p.00.1 ?1 yV91 0 13355 I N M, 00.064 c N C7 N o - I N LT% I o I N I c C ° Z M v -) t 0 r O5- r0 0- 0rr 0rr0 C p z N NNNN--+ N o Q .o. W N O tO C» R1 K ., ® ao r z z z cn cn cn z r- ° Tn •t? Of Of Cn K m 0 *414 ? O l z O W,4 0 " rr c; CrWWVf ?T K- D rn V 0coCAN0) Z r ---- D WWOC)1NVV Oz D tV m mmmr*imm m o° 0cncn0,cnoa D 'p'NNQ1?W0 o Nummuw" w %J 4 0 w m 0 u r CA r M K \? 'may 0?z ?a 5 ° z Z z r V 0 r?z0 m-M 1NENEJ`d IM ld1Sd00 Zr- A O iV 01!: lI AlQ -T r 9661 L z qny i DPj 0 1996 )N OF NAGEMENT T SHALLOTTE RE-PLAT OF AND BRUNSWICK WETLAND DELINEATION SURVEY OF: NC S UVSE77 BEA C HY REPLAr OFLOTS 9-12 M/D 1B-24, BLOCK f0-Z SUNSE7,6z4Cf;; NC a °al 1 a c; ? sty ?N O c T c i a ?l 0 O L N • O • • L c 0 L 0 L oE c • 0 c 0 U `o Z a w •6 a a,??'8! , Z\ rpa?o d?/497 I LL. 1 •r c-4- -7 .4£. =D W-9 ? j Qi Cl) s •?y ? o? ? q o ? I N y''l•, o ? d e G t w J rL W Q ? ?vQ IA s L, ° •°. fro jyl o e o a .h ? o ? A?N ? ? p? N v? \ My-9y 3, 00 . a •. • : 0 (yo : 02 ? ms's d Jp?•' O s: W. M15d14-JIM *V M1 ?g 0 w ti > 0 w ? Z U w m NI m tn Li 0 v1 YI 40 m A' v: O ? C. o ca N I 1 ?. n o? ? N CU (7) T, t N C L • V = O b M U 0 03 4 CC ? A C ? m r !. C: "c2 i X • 0 } II o gar IIa? L • ? C • ='s c 0 ? b C' V C 0 C O ?? • 4 ? ° _c , = r -` E t cc c 0 3t w 2 0 C :m $ W ag • ?L U i r r 3? c ?• aQ o • J • ? Z 0 t, U ? z • ? a 0 U a N m 0 N Z In W Q ? a i b i S N C C C. E C •' • State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Directo r- APPROVAL of 401 Water Quality Certification Mr. Dave Nelson 502 N. Sunset Blvd. Sunset Beach, NC 28468 Dear Mr. Nelson: .. &TN?FA C) FE F=1 October 30, 1996 Brunswick County DWQ Project # 960885 You have our approval to place fill material in 495 square feet of wetlands or waters for the purpose of constructing a bulkhead at 509 North Shore Drive, as you described in your application dated 20 September 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 except as modified below. 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 and any additional conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorsey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM Sincerely, stoJr. P.E. lHoward, L 960885.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper k .