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HomeMy WebLinkAbout19960886 Ver 1_COMPLETE FILE_199609201rot To: John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION R REGION Ai OFFICE 4TAFF REPORT AND RECOMMENDATION REVIEWER: GREGSON ACTING WQ SUPERVISOR: BUSHARDT DATE: November 4, 1996 Ti AND iNFORMATiON FOR CFNTRAi, nFFI . E TRACKiN(T PERMIT YR: 96 PERMIT NO.: 960886 COUNTY: Brunswick PROJ14CT NAME: Joe and Gwyn Lynch PROJECT TYPE: Bulkhead PERMIT TYPE: CAMA COE #:,N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: September 12, 1996 m REG OFFICE: WiRO RIVER AND SUB B" #: 630759 WW *STREAM OR ADJACENT WATER BODY: AI CLASS: SA STREAM INDEX #: 15-2.5 m *OPEN OR CLOSED: Closed WL IMPACT Yes WL TYPE: STR WL REQUESTED: 0.01 WL ACR T+$ 1.Xes m 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 all coastal wetlands but would incorporate approximately 560 sq. Ft. of 404 wetlands. WATER QITAi= CF.RT_ (40]1 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/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATERIWE.Ti,AND F711 AREA OF FILL - WATER: N/A WETLAND: 560 sq. Ft. IS FILL ELIMINATING A SIGNIFICANT USE? No 960886.Nov Page Two RECOMMENDED CONDUIONS OR PERMIT RF.STRTCTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. State of North Carolina .o* bo-partment of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: z-6 Qj su 1 September 11, 1996 TO: Mr.. A. Preston Howard, P.E. Director Division of Water Quality FROM: John R.. Parker- or ocessing Coordinator SUBJECT: CAMA/D1;E1E:?GE, * ! rmit ation Review Applicant: Joe & Gwyn Lynch ' Project Location: 507 North Shore Drive, Sunset Beach, Brunswick Countv 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 j4 DIVISION OF COASTAL MANAGEMENT FIELD MVESTIGATION REPORT 1. APPLICANT'S NAME: Joe and Gwyn Lynch 2. LOCATION OF PROJECT SITE: 507 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 f Was Applicant Present - Yes 5. PROCESSING URE: 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: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHp.R (A) Vegetated Wetlands 560 sq.ft. "404 type" (B) Non-Vegetated Wetlands (C) Other - Lot clearing 4600 sq.ft. High ground disturbance (D) Total Area Disturbed: 4600 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 560 square feet of "404 type" wetlands. ,v Joe Lynch Page 2 9. PROJECT DESCRIPTION September 10, 1996 The project site is an undeveloped residential lot (Lot 25, Elk 40E), located at 507 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 130 feet in depth, from North Shore Drive. The southern and central portions of the lot consists of a high sand ridge, 10-19 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 Brand. The wetland delineation survey shows a finger-like pocket of wetlands jutting into the highground adjacent to the shoreline. Due to shading from a dense overstory of Wax Myrtle, this area is unvegetated and also, clearly landward of normal tidal activity. Along the reminder of the shoreline, a steep slope transitions highground to tidal marsh. Vegetation includes`Groundsel-tree (Baccharis halimifolia), Marsh-elder (Iva frutescensl and Sea Ox-eye (Borrichia frutescens), intermixed with coastal wetlands species; Salt Meadow Grass S artina patens), Spike. Grass (Distichlas apicata), Black Needle-rush (Juncus roemarianus), and Sea Lavender (Limoniun. spp.l. 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 (Nelson, Lot 26) 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 sixty (60) feet long and four (4) feet high. It would be located at or landward of the coastal wetland line, but would cross the mouth of the wetland indention into the center of the lot. Backfdl material for the bulkhead would be obtained from the highground portion of the lot during clearing and grading. The applicant would subsequently obtain other required permits for the construction of his residence. 10. ANTICIPATED IMPACTS The construction of the proposed bulkhead would incorporate approximately 560 square feet of federally regulated wetlands. Submitted by: E. F. Brooks Date: Sept. 10, 1996 Office: Wilmington Farm DCMLW-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name JDE fJ.?? ?u/y,? LyWell Address 7Z?. C2aa L'E[? ?Unl ?o. City Tc 72,4 L H A t-L- State Zip Z 70 ?? Dav Phone 9- 9(04/ Fax N lAr b. Authorized Agent: b. City, town, commun!ty or landmark c. Street address or secondary road number ,-507 ?a2TN =WOle-6' L c i ZS ,CMG a GK 4lQL` d. Is proposed work within city limits or planning jurisdiction? ';? Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) MAC`( - 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name D ASE /y ?LSOn/ a. List all development activities you propose (e.g. %and/or me, motel, marina, bulkhead, pier, and Address /4• SUiJS?T r/o a filling activities. 6UZ.1611114- Z Ci L?=i?a?? State ?c AUG 2 7' - LoT ri DIVISION OF ,QA T L MANAGEMENT Zip Z 8q6 8 Day Phone ',I ?C7 b. Is the proposed activity maintenance of an existing project, new work, or both? 111Ew Fax c. 910 -.379- 8663 Project name (if any) NOTE: a. County Permit will be issued in name of la downer(s), and/or oraied amt. ,B.?U.tlS?v/C.C c. Will the project be for public, private or commercial use? ?/c%97c 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. cai?(S7?vCTi?cl ?' Lc/OO?E' _ SUc.eiY?.SGO e5r-9ex .0716 -If "TO Revised 03/95 f Form DCM-1`D'-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract I WgFw 32d0 b. Size of individual lot(s) _1107C 4s ?4130c16_ c. Approximate elevation of tract above MHW or NWL /S• 61 d. Soil type(s) and texture(s) of tract 5AtADq e. Vegetation on tract - Ih?l Tai LE BUS t{t S f. Man-made features now on tract /46 r!t' g. What.. is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? -)FE51 DF^M A L i j k. Is the proposedDroject consistent with the applicable zoning? ??__ Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes t/ No If yes, by whom? Is the project located in a National Registered Historic District or does it involve a National Register listed or a 'gible property? Yes No Are thc&wedands on. the-site2- 7,-1_Yes No Coastal (marsh) -' 66? ti If yes, has a delineation been conducted? ?/ES (Attach docvmentatioq, ?jpi l 196 DIVISION OF COASTAL PAA14AGEMENT M. Describe existing wastewater treatment facilities. 5E4:5-11 c n. Describe location and type of discharges to waters of * state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) ?or(E o. Describe existing drinking water supply source. 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 apart 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. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days. in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name EO C/Zd ? X rdliLALTYI certify that I am authorized to grant, and do in fact, Address 3-57/ 0Cf-,J -Zlr DCE /'?K grant permission to representatives of state and federal Phone ocE-Ap.) =rsCC fft??Cg /i1C ZF4CST review agencies to enter on the aforementioned lands in 9/0 Z? 7-/703 connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone Name ' .z Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. AfWd e Cf,4AtA I further certify that the information provided in this application is truthful to the best of my knowledge. This is the Z5 day of --AI/4 y , 19? Print Name DA Signature / L=downur or Authorized gent • 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. 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 attachment in the p?avfdecl?t of each form. AUG 2 7 1996 DIvI?+UN OF .COASTAL MA(?AGEMENT Revised 03/95 Form DCM-MP-2 EXCAVATION ILL AND F (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. ?/A Average Fugal Existing Project Len¢th Width Depth Depth Access channel . (MLW) or (NWL)_ • Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Wim ? ;?y +. ern. ? ? -• . . Lo r z.? 1. EXCAVATION a. Amount of material to be excavated m below MHW or NWL in cubic yards d1A b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic veget?tion (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2." DISPOSAL OF EXCAVATED MATERIAL 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 _iNo If yes, where? / /rYJ `D ? L AUG 2 7 1996 DlviSION OF COASTAL MANAGEMENT .A Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh)_-SAVs or other wet landn Yes No f. Does the disposal include any az in the water? Yes No 3. SHORELINE STABILIZATION a. Typeoreline stabilization - Bulkhead Riprap b. Length 7a c. Average distance waterward of MHW or NWL d. Maximum distance waterward f MHW or NWL Shoreline erosion during preceding 12 months (Source of in• formation) f. Type of bulkhead or riprap material ',A1,00. _SV 6 A-- 11C4 23 g.. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material 5AM D i. Source of fill material C X CESS 5?9,?//? aAj Lo7- 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material bbee b ?ught_to te2, Yes _ i NO 11 ' 1 1 _? AUG 2 7 1996 UC Revised 03195 GiV??iC?y A A ?.,AGEMENT 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 (marsh)' SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area 16 X SD (2) Purpose of fill 1?i9C/CLi C if 7-b 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? LT ?Ei?CE = 3v?,Ci???4? GTr.9stE-a b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crossed in transpo ng equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Pro Name Signature Date LaT-dZy 9:s?aer- 16:2 14 e7 aF,^ lIEY 5/ LaT, 4-12? , AV /?D??`1S1/altF Ol?? Sd,?.?T t?-Aff/ AUG 2 7 1996 Div i6101\1 OF COASTAL MA14AGEMENT . .? ? SEMEGA ?026I w 993, 1 Ou ?3 O O 1 ? U1 1R ON Z g61 g57 9 col x ? 10. .1 b c J N ?3?15 ?1 N ?,pO,O G C N lo- 1 n ? CP 1 0 o N 1335 ?? o C c 1 z ° .LN3W3E)dN` N -1?-x SVOG z =1O N01PIA? 1 9661 ? z 9n d - - Z myn 0 zo r IF 0 1996 v OF IAGEMENT RALLOTfE RUNSWICK IC RE-PLAT OF AND WETLAND DELINEATION SURV-`! OF: S[7A7 SE77 BE44 CH REPLAT OF L O73 9-12 AND le-24, SL OCK (O-.E SUNSET SE4Cp NC K ° r rrrrrr p O 000000 C z Z N NNNN-+-+ A. WN?OtDOO m T r zzzwwwz r ° in '1" O> Of t71 Ca V V O 4 l; n m O ?Ot? ?O?N ?Z bb 0 0WW"(Td? V cAco oNrnV Z r- (.1 mq v N rn rnmrimmm m 000 v lH pt-JP:O+WO Z D K) wmV(A N? m ?p•t ? N ? L Jimmy D. Etheridge , Registered Lund Surveyor, certify that the ratio of prechlon LOCATION MAP 1. k 7500• ; and that this map meals the minimum standards of practice for land surveying in North Carolina. m U / pt Mi / 1Nltness my hand and soul this 61h day of March. 1996 ? etN• /mN t ``?stssinnrrr? CARD '''., ?,tr 5t`•° O•? p SEAS = RL3 No. L 415 L-34 IS y?SURV`?y?o °'.lE •EjN?r°° .. ,r?rrssr'rssssss IN diet ?' Set Nit, Val, 4;- 0-30 Sas 6-43' Y 61 19.44' tt 62. ?• yon Set of ma`st+ am' . Fy, 3.fi O eAg° D ?? 'v J lJl 01 N Ti ?1?, 1 i a AUG 2 7 1 196 DIVISION F a L? , ?OASTAL MAMA EMENT M 40 co 1 °126 1 Ma ??, S to f Lo124 3 r- 1 a ?_ ?leo 3 Z p1? ? 1 / o b J dV0 5002 ` AO" W S TT._y0 t9- B ? p0" W 50 30.15' Zia ?^° 0 S1 7•_y0 / / . NORTH SNARE DRIVE '' . 60. R/W 3 to o Legend: . -e-. Existing Iron or Mon pipe Survey for -O- Now Iron pipe set LOT 25, BLOCK 40E, SUNSET BEACH --G- Existing corner type noted DAVE NELSON References. Dud Book R6 Page 435 Shcilotta Township ktap Cam"I H Fbpe ' Brunswick Counly, N.C. • Nehe O 15 March 6,1996 30 60 L Area deleneNed by DNO. 2 This property Is b o special scale r . 30• flood Iraard zone as identified by the FEMA Flood Maps. BOBBY K LONG, RL3, S ASSOC. P.O. Box 1417 Shalblfe, NC 28469 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. Presto n Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Joe and Ms. Gwyn Lynch 725 Crooked Run Road Rural Hall, NC 27045 Dear Mr. and Ms. Lynch: IT4 40 1:3 EHNF=?L october 30, 1996 Brunswick County DWQ Project # 960886 You have our approval to place fill material in 560 square feet of wetlands or waters for the purpose of constructing a bulkhead at 507 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. 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 Water Quality 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 Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM Sincerely, e on Howar , Jr. P.E. 960886.1tr 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 Aff irmative Action Employer • 50% recycled/10% post consumer paper a J 1 r,Z LL- LLJ 641'J'N 61 CQ .00- i c0 'A 001 d2-.91 ?t I 1 c t i 4 G c 0 vii r / C t iY t 0 g L 110 \ O, 0 . t0 o Z yt } 0 N rtiO j n _r 3 ?? h a o O r 0. ? o O od I?? ? ? i i 0 O W r0 ZP •?? \ f iG - n ? I ro i o 4m ti A I J 1J sin 6 L7 C t n . . \ • Q,,.. ?o spy ; ? ? N ifl E c ?VN wry t ado d <?P?a; a c c - c ? 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