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HomeMy WebLinkAbout19951018 Ver 1_COMPLETE FILE_19951115State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 15, 1996 Mr. Ronald M. Long 1717 West New Hope Road Goldsboro, NC 27530 Dear Mr. Long: DEM Project #951018 Carteret County On 4 October 1995, you requested a 401 Water Quality Certification from the Division of Environmental Management for your project (construction of a rock jetty) located near Ottway in Carteret County. We wrote to you on 20 November 1995 discussing concerns that we have regarding the design of the project and placing it on hold until those concerns are addressed. As of today, we have not received it response to our earlier letter. Unless we receive a response from you by 1 April 1996, we will consider that you have withdrawn this application and are not interested in pursuing the project at this time. Please call me at 919-733-1786 if you have any questions or would like to discuss this matter. Sincerely, [ ;,- 1 in R. Dorn ey, ater Quality ?,ertittcation Program cc: Wilmington DEM Regional Office Wilmington District Corps of Engineers Central Files John Parker; DCM 951018.cir Division of Environmental Management • Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1786 • FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 4-4 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary A. Preston Howard, Jr., RE., Director November 20, 1995 Mr. Ronald M. Long 1717 West New Hope Road Goldsboro, NC 27530 Project # 951018 Dear Mr. Long: ,If FILE COPE' The Division of Environmental Management, Water Quality Section has reviewed your plans for the discharge of fill material into 1300 square feet of wetlands located at 133 near Otway in Carteret County for construction of a rock jetty. Based on this review, we have identified significant uses which would be removed by this project. This would remove the use of the area for commercial shell fishing. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are moving toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold: Please provide us with information supporting your position that your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you construct your project without the rock jetty? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one cop}, to our Mr. Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive Ext., Wilmington, NC 28405. I can be reached at 919-733-1786 if you have any questions. Sin erely, Jo R. Dorney W ter Quality Ceriific n Program cc: Wilmington DEM Regional Office Wilmington Office Corps of Engineers Central Files 951018.nty P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper 009. (15 Jul n State of North Carolina O Department of Environment, Health and Natural Resources 5rp 19 1995 4Y. Division of Coastal Management -? Roger N. Schecter, Director James B. Hunt, Jr., Governor ? ? ¦ ? ? p Jonathan B, Howes Secretory ?I F1 , September 15, 1995 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator =i??Jl c P 1 :955 DIVISIC)i? OF ;OASTAL MANAGEPAEl`4 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ronald M. Long Project Location: off SR1333, near the community of Otway, adjacent to North River, Carteret County Proposed Project: to widen and extend an existing rock jetty, riprap a portion of shore, and construct a dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 1995. If you have any questions regarding the proposed project, please contact Charles Pigott at (919) 726-7021. 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. SIGNED This agency approves of the project only if the recommended changes are . / incorporated. See attached. i? This agency objects to the project for reasons described in the attached comments. DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 111-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consurner paper NOV-15-1995 09:42 FROM PoWir Fax Note 7671 Data peg 81" To -aeS s From - C_?S o? Co./Dept. Co. Ph" a# Phom # Fax # FAX # To : Katy West From; David Taylor SvbJ accts c ux/mWorc I1ND Date: 5 October 1995 FILLS off S9 1333 in Qtway The following aoamzents by the North Carolina Division of Marine FiOhQri*g (NC VXF) ftra provided pureu?aut to General statute 113-131. The proposed project off SR 1333 In Otway, C&vtaret County to widen an existing rock jetty, riprap a portion of above and construct, a dock is objected to by tb.is agency. XC DHP Wtsif conducted a shellfioh survey of this area on 3 October . 1995 and found, high concestratioas of marketasble hard 018MG, Oysters and seed clams both within and adjacent to the prof dot, site. The canotruction of the jetty will result in the covering of approximately 1300 ftz of prime shellfish habitat. Shoaling along the southwest side of the existing rock jetty has already oova rad a subatantial amount of shellfish habitat and the extension of thin structure. will only magnify thoae affects. Furthermore, the downstream side of than existing structure has created scarping into the marsh, resulting in a loss of wetland habitat. again, increasing the gize of this structure will create furthor erosion probleme in these wetlands. Finally, the site is located in waters classified aw S.A, and ia actively used by both 4omXttarcial and recreational a shellfia3hermen. To protect existing shellfish resources in this area, the NC DMF objects to the project, as proposed and would recommend denial by .they DCM. 4 EHNR WILM REG OFFICE TO 8-919-733-9959 P.01 oy ,n t? <YLOV l To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKINS DATE: November 7, 199 WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A X20 MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: Deny STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to widen and extend an existing rock jetty and riprap 1,00 ft. of shoreline. WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 95 PERMIT NO.: 951018 COUNTY: Carteret PROJECT NAME: Ronald M. Long PROJECT TYPE: Jetty PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: September 19, 1995 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: North River CLASS: SA STREAM INDEX #: 21-35-1 < ?G?, *OPEN OR CLOSED: Open U WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 2,400 sq. ft. WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? Yes DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A 951018.nov r Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: It is recommended that the project as proposed be denied. Please find the attached memo from Katy West to David Taylor (DMF). The construction of the proposed jetty will result in the filling of approximately 1,300 sq. ft. of prime shellfish habitat. Additional shoaling expected on the southwest side of this structure will likely cause substantially more habitat to become covered with sand. Such as proposal, which will result in the removal of an existing use is inconsistent with 15A NCAC 2B .0201. cc: Central Files Wilmington Regional Office Files DCM-Charles O. Pigott John Parker RETURNED YOUR CALL Message___ ?- Signed N.C. Dept. of Environment, Health. and Natural Resources t . R C_OtM DIVISION OF COASTAL MANAGEMEN'r;11fD FIELD IlWESTIGATION REPORT., s ewater Treatment: Existing - septic tank - (F) Type of Structures: Planned none Existing - house, rock jetty, rock riprap Planned - rock jetty, rock riprap, pier (G) Estimated Annual Rate of Erosion: 0' /yr Source - observed State Plane Coordinates - X 2727800 1984: 40-1422 Y: 378800 0 3. INVESTIGATION TYPE: CAMA & Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September Was Applicant Present - no 11, 1995 5• PROCESSING PROCEDURE: Application Received - September 11, 1995 6. SITE DESCRIPTION: Office - Morehead City (A) Local Land Use Plan - Carteret County Land Classification From LUP - Rural (B) AEC(s) Involved: ES, EW, PTA /Conservation (C) Water Dependent: Yes (D) Intended Use: private (E) Wa t 1. APPLICANT'S NAME: Ronald M. Lon XT Q Long 2. LOCATION OF PROJECT SITE: Carteret County off SR1333 nea adjacent to North River r the co Photo index - 1989 151ut3' of Otway 7. HABITAT DESCRIPTION: [AREA] 8 (A) Vegetated Wetlands none (B) Non-Vegetated Wetlands Shallow Water Bottom (lefty) Shallow Water Bottom (rock riprap) Open Water (pier footprint) (C) Other (E) Primary Nurse L...U?u. 'uyu sq.tt. A (F) Water Classification: S No Open: yes 1300 sq. ft. 1100 sq. ft. 690 sq. ft. PROJECT SUMMARY: The applicant proposes to widen and extend an existing rock jetty, riprap portion of shoreline and construct a dock. a FIELD INVESTIGATION REPORT: ?MppRTANt C-/ 11 . . 1 Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name_ Ronald M. Long Address 1717 West New Hope Road City Goldsboro State N.C. Zip 27530 Day Phone (919) 734-8030 Fax b. Authorized Agent: b. City, town, community or landmark Otway (Straights Township) c. Street address or secondary road number End of Dill Pt. Rd. off S.R. 1333 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) North River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Names 1t.LCk?Q - ST?un FKc-riNer4a,4- Address Div, tfeTiratJ -RazR. City State List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 75 if of rock iettv 115 if of pier w/15'00' tee f200 if of repair to exi . ti ngr_p-raT Zip Day Phone _ -7,f2 b. Is the proposed activity maintenance of an existing e r aj ? IC (? de project, new work, or both? Repair & new. Fax cN?:1" l ? '?W ?'C25S c. Will the project be for public private or commercial c. Project name (if any) NOTE: Perrnit will be issued in name ofkandowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret 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. Erosion prevention. r n1 , fi I 1i?ii?ti?ia P ? iY ? i w1?i11 ?tiiM? Revised 03/45 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 Phillip Golden Address Rt. 2 Box 657C Phone Beaufort, N.C. 28516 Name Ralph Johnson Address 1511 Ann Street Phone Beaufort, N.C. 28516 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. • 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. I C' ? This is the ?? day of trLYl?2 19 Print Names Signature i_j landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development X 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 space provided at the bottom of each form. ?•JJrJ S 11 1(95 .?r..Yrarrr r ri • w w.wiwr aawr?Mry 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. Average Fuel Existing .Project I,Pnath Width Depth Death Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 75' 20' Repair :?>?'`? 2: :::f.:..: •:;,:.p,.?.?;.,?.. .n.o? 1. FeXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 0 b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A 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 If yes, where? Ra .7 mrpm7pnn S ? 0 1 ? i9?5 Y?ryr? Revised 03/95 r. .............. +Ay•.wawlx Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-I. Be sure to complete all (1) _ Commercial -Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. `(3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial -Community X Private (2) Number 1 (3) Length 115' (4) Width of water body (4) Width 6' (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes X No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial -Community _ Private (6) Platform(s) X Yes No (2) Number (i) Number 1 (3) Length (ii) Length 15' (4) Width (iii) Width 30' (7) Number of slips proposed 1 g. Other (Give complete description) (8) Proximity of structure to adjacent riparian property lines Approximately 650'. (9) Width of water body Approximately 1000' . (10) Water depth at waterward end of pier at MLW or NWL 1.0'. b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width Applicant or Project Name c. Groin (e.g. wood, sheetpile, etc.) Signature (1) Number 1 `J (2) Length(s) 75 Hate / d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands t, _r (3) Maximum distance beyond MHW, NWL or O 17 ; wetlands SEP 1 1 155 u?l?u' NrMYlitr?aw r r N. ? ? ? ? rpp?Mli?? Revised 03/95 IMPORTANT To Date_ Z Time WHILE YOU RE OUT M of_ Phone AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU - - Wlll CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message ??-0p Signed I' N C Dept. of Environment. Health,,i and Natural Resources wv? Printed on Recycles Pane. r4 r, Ir," NOTICE OF I+ILJNG OF OCT - 4 APPLICATION FOR CAMA l A IOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Ile-alth and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Ronald M. h,ong of Carteret County, filed an application on September 11, 1995, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fillmaterial in project: wetlands will not violate applicable water quality standards. According to said application, the applicant proposes to widen and extend an existing rock jetty, place riprap material along the shorelin.^ and construct a pier in North River, at a site off Sh.1333 (Crow Hill Road), near the commimit' of Bettie. A copy of the, entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at tl)c office of Charles Pigott, Division of Coastal Management, located in the Division of Marine hisberic:s Building, Morehead City, N.C., (919) 726-7021, and/or tljc office of Mich Shiver, Division of Environmental Management, DEHNR Regional field Office, Wilmington, N.C., (910) 395-3900. The Division of T;nvironmental 1\/Tana0erncnt proposes to take final action on this wader quality certification on or before October 25, 1995. The issuance of the CAMA 1v4, jor Development permit and the Section 401 Certification may deviate from this projected datec, depending upon the nature of the comfrtents subnuticd and subsequent bearings that may result. All persons desiring; to slake coi-nments should do so in writinp to Roger lr. Schectcr, ]director, Division of Coastal Mnnagc°niti.nt, P.O. Box 27687, Raleigh, 1,T.C., 27611, prior to C ictobcr 20, 1995 for consideration in the CAMA permit cl?,cision, and to Preston Howard, Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to October 1 1995 for considemti;_m in the ?,,ra.tc°r quality certification decision. comments on the CAMA application will be accept,-d and considered up to the time. of permit decision. Project modifications may occur basetl on review and comment by the public; and state and federal agencies. Notice of the permit. decision in this aiatte.r will be provided upc,n request. I'IJ>zlt:1,S11H,D C d%': Friday, ,`?;? yte?tr.l ?. 79, 199`-; yn O'0 z N ?ZZ_M N ? .? r o^ d _ I 0 ? a w ? FlRE OWEf, D rn? ?i stag no. 111 ? ?? m ? ? 11 ? N?RT / ? RE?IZFFERS - ~z / / 9p -N= / m / n O O Ao?n t r Amv Z If`_/ x t2i vvv / o r NO ?zx i l l ?? o? 01 O o I(I? ?-3 I I I I I x I I 1I 1f" 0 tlj I I ?(1 I l o a I? dll?l inn ?l I ?l I ?xII? 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