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HomeMy WebLinkAbout19961097 Ver 1_COMPLETE FILE_19961127State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan 6. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Wolfgang Furstenau 2108 E. Yacht Drive Long Beach, NC 28465 Dear Mr. Furstenau: A M15TA [D I=- P1 December 31, 1996 Brunswick County WQC 401 Project #961097 You have our approval to place fill material in 900 square feet of waters for the purpose of constructing a bulkhead at your lot (Lot 2, Block 154, Section 10) adjacent to the AIWW, as you described in your application dated 27 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. 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 Domey at 919-733-1786. Sincerely, ton P?H?od,. P. . 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 961097.1tr 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 1. 2. 3. 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT All- APPLICANT'S NAME: Wolfgang Furstenau and Avery Sealya 96 _.qTE? '?SGI LOCATION OF PROJECT SITE: 2106 East Yacht Dr. (Lot 2, BLK. 4 adjacent the Atlantic Intracoastal Waterway, in Long Beach, NC, in Brunswick Co. Photo Index -.1995:9-85 E,7 1989:184-15 N,14 1984:10-94 K,18 State Plane Coordinates - X:2261400 Y:64600 INVESTIGATION TYPE: CAMA & D&F •--10), INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/16/96 10/1/96 10/24/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 10/25/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Long Beach Land Classification From LUP - Developed Residential (B) AEC(s) Involved: EW,PT,ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - None Planned - Bulkhead to stabilize shoreline (G) Estimated Annual Rate of Erosion:, 3-5 ft./yr. Source - Site observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands I I 900 sq.ft. Shallow bottom (C) Other (D) Total Area Disturbed: 900 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUNEVIARY: The applicants have each purchased 1/2 of the lot, between their existing residential properties, and are requesting to construct a vertical wooden bulkhead on the waterward side of the lot to stabilize the shoreline and connect to their existing bulkheads. Furstenau/Sealy Page 2 9. PROTECT DESCRIPTION The project site is an undeveloped residential lot (Lot 2, Blk. 154, Sec. 10), located at 2106 East-Yacht Drive, in Long Beach, NC, in Brunswick County. The wooded lot is 60 feet wide and approximately 152 feet in depth, between East Yacht Dr. and the Atlantic Intracoastal Waterway. The applicants have existing residences adjacent to the lot, and have purchased the property to expand their yards, and also to prevent any development between them. They have divided the property into two lots, 30 feet wide, labeled 2W and 2E on the attached survey. The average elevation of the lot is approximately 9 feet mean sea level (MSL). The shoreline of the lot is not stabilized, and there is a vertical erosion escarpment approximately 6-7 feet high, between the existing bulkheads on Lots 1 and 3. Waterward of the erosion escarpment is sandy, unvegetated inter-tidal bottom, which is dry at low tide. The erosion problem is compounded by increased wave energy, especially from boat wakes, created by the adjacent l?,t,?c rhPre was an observed loss of approximately 3 feet of shoreline, between site visits of in the 12 years he has owned the adjacent property. The waters of the Atlantic Intracoastal Waterway, in the project area, are classified SA, by the NC Division of Environmental Management. The waters are OPEN to the harvest of shellfish. The waters are not designated as Primary Nursery Area, by the NC Division of Marine Fisheries. of the property, between the two existing bulkheads. The bulkhead would be 65 feet long and 4-5 feet high, c6strUctea in compliance with local and State building codes. The proposed wall would join at the face of the western bulkhead and the landward end of the wing wall of the eastern bulkhead. This alignment would place the bulkhead an average of 15 feet (varying from. 10 to 20 feet) waterward of the erosion escarpment and mean high water. 10. ANTICIPATED IMPACTS The proposed project would incorporate approximately 900 square feet of inter-tidal, shallow bottom habitat. Submitted by: E.F. Brooks Date: 11/12/96 Office: Wilmington Form DCM-MP-1 APPLICATI (To be completed by all applicants) OCT 2 5 1996 Name Wolfgang Furstenau Address 2108 E. Yacht Drive City Lona Beach, State NC Zip 28465 Day Phone 910-278-4050 Fax b. ?.. _?edgaat: Landowner (Lot 2W) Name Avery D. Sealy Address 4421 Hampton Road City Cl emmons State NC n DIVISSlUi-- OF b. City, town, c5nimAumttyAldrW??iA&EMENT Long Beach c. Street address or secondary road number 2106 E. Yacht Drive d. Is proposed work within city limits or planning jurisdiction? _X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Intracoastal Waterway 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 filling activities. Bulkhead and backfi l l Zip 27012 Day Phone 910-766-8332 b. Fax ,VI c. Project name (if any) /A/ 1A NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Private 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. Over a 12 year period, over 35 ft of shore ine was washed away, pri- marilg hU tha wakes of pats tinyPtSPlt_ A bulkhead of treated lumber-will be used to stabilize the shore. Thie is the only remaining Hart of a 1.200 ft stretch of stabilized (bulk- headed) shoreline on the AIWW. Revised 03/95 • 1, 4 Form DCM-MP-1 D (DE 7VTg nQJ 2 5 1996 in. Describe existing wastewater treatment facilities. 4.. LAND AND WATER DlviSi?.? JF NQr? on this tract E-71 1 CHARACTERISTICS COASTAL MANAGE ' I a. Size of entire tract 60.16 X 159 46 ft. b. Size of individual lot(s) Same as above c. Approximate elevation of tract above MHW or NWL 8.9 ft above MSL d. Soil type(s) and texture(s) of tract 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.) N/A o. Describe existing drinking water supply source. Brunswick County Water System e. Vegetation on tract Trees f. Man-made features now on tract _None 5 ; ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land ciassiricau In addition to the completed application form, the 0 ow Conservation Transitional Developed Community Rural X_ Other Developed residential h. How is the tract zoned by local government? _R-3A i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) • 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. j. Has a professional archaeological assessment been done for the tract? Yes X No 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 X No 1. Are there wetlands on the site? Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) • 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.020' :0 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 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 Mary S. Larcinese Address 2102 E. Yacht Drive, Long Beach, NC Phone 910-278-7880 28465 Name Town of Long Beach (David Clemmons) Address 4601E Oak Island Drive. Lonq:Beach Phone 910-278-5011 28465 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. NONE • 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. ID F1013171-1, OCT 2 5 1996 DIVISI\,i- OF 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 4'1 day of O- 0-? 192_?L. Print Name WOLFGANG FURSTENAU Signature - r , ????a-?-? 10, Landowner o uthmiud agent Please indicate attachments pertaining to your proposed project. X 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. Revised 03/95 Form DCM-MP-2 EXCAVATION FILL AND (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. W/A Average Final Enacting Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) D T0?03HVTg OCT 2 5 1996 DIVISI?:--- OF COASTAL MANAGEMENT 1. EXCAVATION IvIA a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated CIA 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 a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? x/154 Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No 4--/14 If yes, where? Revised 03195 S • Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water (2) Dimensions of fill area f. Does the disposal include any area in the ? I-M J NA Yes No 3 of f ll w`A ( ) se i OCT 2 5 1996 b. kill fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION D I V I S I (? Vs or other wetlands? COASTAL MA14A No - Yes IV IA If yes, a. Type of shoreline stabilization (1) Dimensions of fill area X Bulkhead Riprap (2) Purpose of fill Length c. Average distance water-ward of MHW` or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL Z©' a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Filled area will be ^?? greater than 5 tt N1 C C ?i'I (Source of information) Applicant f. Type of bulkhead or riprap material Treated wood b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Wheelbarrow (1) Riprap (2) Bulkhead backfill /Z YUf c. Will wetlands be crassed in transporting equipment h. Type of fill material cl can sand to project site? Yes _X No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material Al ready on s i to 4. OTHER FILL ACTIVITIES ? 11,4 (Excluding Shoreline Stabilization) a. Will fill material be brought to site? ?-V,1,4 Yes No Wolfgang Furstenau Applicant or ect Name ^ Signature /? ®c i f99? Date Revised 03/95 f ? L / D r? TM H'7 Tg OCT 2 5 1996 a DIVISi:OF a COASTAL MA14AGEMENT 0 a- N N / D Q) .O \ N ti O ^ I \ cV O O U f \V Q a; O a 1 +> L N Zr d 4- N Q O ? C!- L I a. Q) lD c6 L E > d 0) ro Lo s- C?j -0 0 4j r QJ •ti O. E E (V 1111 CL I s- ro (0 4-) VN RS a 4- IV 1" r U QJ ro (n >-, -4 I >) a-- V U r •r ?? , ro Q) W M r r U Z- r S= C Q) N r? •r r- r 00 C7, O v ra o O N N _1 Attachment B ko x ko x 110 Y U Q ^ m Lu x x x 3 W tl O H I ^ 00 ? Z x O LO v N l0 N r U • Co S L N O F- U N +3 Z Z S = O C) :r U zLn t0 UZ Co OM W>- U?C71 O F- co I -? Q C/) OCl) W ?WmI-- F- S S N U Y Ii CO C7i I O J O C O S ,? O -4 4,D m3N_IM-4 Attachment C x .Zr I'D X 110 3 W ?-1 CL O H U Q ^ CO L 00 a x >> N x N 3 o' 3.4- w ? N 3 w N o •? Z O u> U .- CEO S S_ N f- U Z S O OQ U ^U')l0 U Z r 0 O M W>- Ud-C71 p F- r0 1 r-1 Q cn • N CO W W Co r? F-- S S N U YI-CO C7) 1 O _J O C O S . '-1 O r-1 Q0 cc 3NJC7 -1 Attachment C ?rt Z W u.. W m 0C 1^ C.D_ F y" O >_ J - + S£? -- -- - ` C ? % ti- j X Iz- 3 7. , n1 o l ? ?` ° -?zZ -d a x LU i Lo + 1,0t, a+?IN tt LL l zzs ti?) zti s?1 0.'m 9z-o of w Yj vil ?ql 0% -o ? ? r. I 4 u3 gyp[ fl ? ?I Q? Q. of Q? i W 4 j •, 4 Si ty" CJ Q ?? y11 LT- n 1 a J v ? VI ? • 7 v ?'t t'IS ?I\j u; 4q V1 a V? i? ljj J}`ZtA _2N ?Naz QN0. A Wolfgang..Furstenau Project address: 2106 E. Yacht Dr. 2108 E. Yacht Drive Long Beach, NC Long Beach, NC,28465 Brunswick County 13 Sep 1996 ,?r? ?uG K Gx/57-IAIC7 a3u?KrtY.¢ 7S r?xiST/.V/, 31l?I<N/; JS I ?m i" Gd r ?o0--f /ev Gd ` G?i y Ln? 3 Lmi Z \ N I NI Ell, The project is limited to construction of a new bulkhead approximately 60 ft in length, to abut existing bulkheads on both sides. There is no marshgrass in the project area. D IR (0- E&?719 OCT 2 5 1996 DIVISJU, OF 'yCOASTAL MANAGEMENT