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
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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
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•' • 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
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