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that you have withdrawn this application and are not interested in pursuing the project at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
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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.
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