Loading...
HomeMy WebLinkAbout19961084 Ver 1_COMPLETE FILE_19961120State 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., Director APPROVAL of 401 Water Quality Certification Mr. James E. Carter 107 Morning Glory Lane Aurora, NC 27806 Dear Mr. Carter: ID EHNF? December 31, 1996 Beaufort County WQC 401 Project #961084 You have our approval to place fill material 2,455 square feet of waters for the purpose of stabilizing a shoreline at your home in Summerise subdivision near Aurora (SR 1901), as you described in your application dated 15 November 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). 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. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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. 276 1 1-7447. 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 Domey at 919-733-1786. Sincerely, - Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office 4ohn Domey Central Files John Parker; DCM to Howard, Jr. P.E 961084.1tr 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 .. A DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 961084 1. APPLICANT'S NAME: James E. Carter 2. LOCATION OF PROJECT SITE: Beaufort County, east of Aurora, off SR 1901 in the Summerise Subdivision, adjacent Peterson Creek Photo Index - 1995: 91-966, U13, V13 State Plane Coordinates - X: 2,707,800 3. INVESTIGATION TYPE: CAMA 1989: Z-1056, J14, K14 1984: No photo Y: 577,400 South Creek LR 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 29 October 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 28 October 1996 Office - Washington 6. SITE DESCRIPTION: (A) Local Land tse Plan - Beaufort County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area (C) Water Dependent: No (D) Intended Use: Shoreline Erosion Control (E) Wastewater Treatment: Existing - Septic tank Planned - N/A (F) Type of Structures: Existing - Single family dwelling, pier Planned - Riprap (G) Estimated Annual Rate of Erosion: ±5' Source - DCM staff observation 7 Y' , OTHER HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Open Water ±2,455 sq. ft. (D) Total Area Disturbed: ±2,455 sq. ft. Or 0.05 acres (E) Primary Nursery Area: No (F) Water Classification: SA-NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to place Rprap along 491 feet of shoreline to retard ongoing erosion. W JAMES E. CARTER Beaufort County The applicant owns a 5.7 acre lot within the Summerise Subdivision, adjacent to Peterson Creek, off SR 1901 in Beaufort County, North Carolina. Located on the lot, which was purchased in 1995, is a single family dwelling which is served by a septic tank and a individual potable water well. Also an access pier has been constructed into Peterson Creek. The entire lot has a fairly low elevation and nearly the entire area adjacent to Peterson Creek has been delineated as wetlands by the Corps of Engineers or coastal wetlands by the Division of Coastal Management. This wetland fringe varies in width from 5' to 20' or greater. The Corps of Engineers jurisdiction area is vegetated by mostly pines and some myrtles. The coastal wetlands consists of Sgartina cynosuroides and Spartina alterniflora. Severe erosion is occurring at several locations and at one point the erosion is ±70' from the dwelling. The upland portions of the property is vegetated with pines and myrtles and little change in elevation can be detected from the areas that have been deliniated as wetlands by the Corps of Engineers. The applicant is proposing to place riprap along 491' of shoreline to retard ongoing erosion. The riprap will average 5' beyond the NWL and will be 7' at the furtherest point. The riprap will be placed waterward of the wetland fringe, at no location atop any wetlands, and at no location will it be placed at a higher elevation than the wetlands. If the project is conducted as proposed, the project should have only a slight environmental impact. Approximately 2,455 sq. ft. of open water area will be displaced by riprap. No wetlands will be excavated and/or filled. David L. Gossett - Washington Regional Office - 5 November 1996 J , Form DCM-MP-1 APPLICATION (To be completed by all applicants) mark b. City, town, cd 1. APPLICANT a. Landowner: /I M rJ C14 Name V7- Address /07 AIDE I-144G' e:>?e44 Y ?f City State Zip O Day Phone Fax b. Authorized Agent: Name 44 Address City State c. Street ad res r s ndgy road number La/Z / Ggewr Z,9 d. Is proposed work within city limits or planning jurisdiction? Yes 2_ No e. Name of body of wat r nearest rod t (e. g. river, creek, sound, bay) !Q ? 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 excav tion and/or filling activities. Zip Fax Day Phone c. Project name (if any) /V q NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County ?L1V u FM T.- b. Is the proposed activity maintenance of an existing project, new work, or both? /G? / c. Will the project b for public, private or commercial ?I use? 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 7-25, ? -1-I EAI-1:??129141 Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ?%. DES b. Size of individual lot(s) c. Approximate elevati n of tract above MHW or NWL V ??ET d. Soil type(s) and texture(s) of tract Jr1#.y e. Vege_tation?pn tract A4127 f. Kan-made features now on tr ct y 1 Cr /? L} S g. What is the CAMA Land Use Plan land classification of the site? (Consult the locat land use p1an.) X Conservation Developed Rural Transitional Community Other h. How is the tract zoned by)ocal government? /li'O/L;C i. Is the proposed project consistent with the applicable zoning? _ Yes No (Attach Zoning compliance certificate, 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 ->L No -------1-Are there wetlands on-the site __ Yes No Coastal (marsh) Y_ Other Y_ If yes, has a delineation been conducted? E?5 (Attach documentation, if available) archaeological assessment been Yes _)L_ No m. Describe existing wastewater tr ?ment facilities. 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 djspharges.) o. Describe existing drinking water supply source. e lEz: L 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 I1" white paper. (Refer to Coastal Resources Commission Rule 7J.020' ) 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 -C-ores--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 Revised 03/95 t. 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. 17 , Name Address Phone Name - ezc / Address / ?b 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. i?0 /1 • 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. Revised 03195 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 /D day of '!? , 19q 6. Print Name t K' A M2557 ? d Signature or Authorized Agent Please indidate 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 W-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. 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. PIM Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project i.Pnnth Width Depth Depth i?t: ,. J'Yii:Y/J'•vv:'n • '?'•? 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards V,?2; b. Type of material to be excavated ll, c. Does the area to be excavated include coastal wetlands (marsh), submerg ?quatic vegetation (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 N 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 V114 If yes, where? Revised 03/95 Form DCM-MP-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 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead ? Riprap b. Length Tg/ 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 (2) Purpose of fill c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL 7' e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or rprap material Eft'i11 /7?f g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 5. GENERAL a. How will excavated or fill material be kept an sip and erosion controlled?p? ?? 7/f 141141i:2/ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr3ssed in transporting equipment to project site? ? Yes No If yes, explain steps that will be taken to lessen enviir9nmental impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes " No 4TAME,5 E. aA,-17?, e Applicant orTroject Name Signatyre // Date Revised 03/95 ?x ?, fr JCr prEQ, ®£T,E 0Av? gFzx ,ClNE 1O NlEK ,V/, E5711rF eo. VIE Yv d A40 ?yx 4D'-' WFr • _ bl9?t 1 , .fiR??1 of • ? , ??D Pfl?fIJ -?iIrJNE,Q d, M RTF4,9 1 yak /•!N6 4o1zE el"IfEEA . r D4TT oil I t4l, r I t J/{n1E5 CARDER ??1NE? ozs_-sE&7-/OA/ --vIER1 _ ------??Q _ u,?7-?fND 4 TYP/ML C,?bg.? S5671OA/ D? T --10 ?l g(o r r. CREEK MAGNETIC 1947 1 N Ag, LANDS GODSE CREEK CAME N o? >'a?:?+? 9yO?"' R Lg^ VG ?$j4 ?~ 746.85' ? i ,? ?= m ? 1?,l 85 4 . N06IJ'00•W` ?°+ oo`??q pSa? NQQ -?• 5? Sdf nVO N .roaA? ??? EWER d ro °?- ro ? T?? ?M ? C b r ry ?? mum SEMENT 173.19' 2/O 54' h 'g a o i (?7 267.27 Np4. 2f5r N'? ?7e N06'/B'STf $ yl ',r?'?° $?24 ?-?1\' •\. / S N 03-02.15- W u?i (" / t? A b r `? 7F 6 ry • ?'f `- 'r?d.6?S/, ? !\1 I/ 7 'I'mo .s ? ?? ?a ? ? a ? ¢M J?\ ?•w?- VO '09`?•r? ~63.. O L?i _<Ai? -wA\?? FF?, /?u C,? ry?9• r0. O~!• I.S 375.48' n ?v \ C? N02.41•15-E 233.92' sti ?"•'•?< S. nn nn qCr ? ? © ?O~3.J t. ? oooa co ° ? ??w`?..p ? ?q? ?°' ru X111 ? bi?QL` ??OOO?OO q jL ,b O N Q r1 r? •b ? 1 cli CA Fig. t, SAO` ?L>` .vOUSrouabi ,t'O? O 'V? rn?7? o lZa 'C rF °cr4 ?nPip / ti???a? 555 D 8 • y os at, Duch /s Pro ill ?r Joo• \ v ? ? ? M ? n '-w ?'? - ZNNNNN D 2 174.77 Nam„ N06• a \y\ r ?A 04' /9' E o f e 2 N "? Uggb ta ,Zb \ p b$ NOl'0 rE M 224.35' 14? 4• f FFFFFF V1 \ `:rte i. ggg z FR ijy u' n) ` b .o ; Imo. od°d9 ???•v?Z' ?`.? ? ice.' `l b$ v ? F ? ? 4• ?f nN /tea ?'? :? 4b ?i?•F ?? { - adL (0?? qm q a _ 11V e?i t•G P` /? O rCj, Qi C, a _ q $ tie ? A99C.ct5 'y`y ?'j? .- N N N ''?. ? ?SLI th? e ro ° "zrlo.ror_ b N 8. m C', i ? ? tom`.. '1? , vO a +O .vo g 9ry? .21 OA2? N? RI ? P' ??? q0 vi v• aw! A = nNA NA Ory< a.^21 R? A O? q ? ? ? ? ry T !norrl 2 ? 11= N ?. ?c Amy my +?O sp0 M. y \-? U O ti^ L' iy'90 Lt s? M 2 q C r? rte- 4 r? ?_u? ???SSS ry^ nog s? a o p'Omy z ? ? ?a? .rar-s ?o? ?n 'o m2j(n °.•o ?Q? am a tiro y r j?? A T N o. ` 1??? $ spa of w Z m m ?m i •r? zz2rswy oNa 7 O N YA TnO? N^ a0 p?2W 4? r m i mg 4? ?c m I blgggs 1 m N N - ??p 'D p? S O ro ro? ? ? --1 y a ?? r-m ?? vvo u o m N ;- N a yzce m 8 0` A,n gna ?D g.szAZp6 .? A a ?kA a ??.7t I :rj it 10.1 m m GQOSE. CREEK o "O' ?I `> DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 20, 1996 Regulatory Branch Action ID No. 199703400 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: Please reference the application of James E. Carter for Department of the Army (DA) authorization and a State Water Quality Certification to place riprap material along an eroding shoreline, on property located off State Road 1901, in Summerise Subdivision, adjacent Peterson Creek, near Aurora, 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 January 19, 1997, 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, Iv ? Raleigh Bland, P.W.S. 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