HomeMy WebLinkAbout19951095 Ver 1_COMPLETE FILE_19951206State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary 1:3 F= F1
A. Preston Howard, Jr., P.E., Director
February 12, 1996
Camden County
DEM Project # 951095
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ms. Charlene and Mr William Reynolds
1617 Cutty Sark Road
Virginia Beach, NC 23454
Dear Mr. and 'Nis. Reynolds:
You have our approval to install riprap at the shoreline (without back fill) and construct a pathway
through wetlands to the proposed pier at Lot 142, Edgewater subdivision, Camden Point. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3025. Wetland fill beyond the 0.1 acre permitted by the Division of
Environmental Management earlier under Nationv0de Permit 18 on 20 November is D91 allowed.
The top elevation of the riprap shall be no higher than Mean High Water level. This
Certification replaces one issued to you earlier on 12 February 1996.
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. 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
4
Pr ston oward, Jr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorsey
Central Files
John Parker; DCM
Frank Jennings; DCM-Elizabeth City
951095.1tr
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
MEMORANDUM
ti
Division of Environmental Management
Water Quality Section REC'EIVEL'
February 8, 1996 FEB .i Z 1996
To: Jimmy Overton ENVIRON nENIAL SCIIE GFS
John Dorney
Through: Jim Mulligan
Through: Roger Thorpe/-\
From : Deborah Sawyer4Q00$
Subject: CAMA Major Permit Review
William T. Reynolds
Camden County
EHNR
The above subject project has been reviewed by this office. A site
investigation was performed on 7 February 1996. The proposed
project consists of the following:
The lot is approximately 16,500 square feet with 9,900 square
feet delineated as Section 404 wetlands. The wetland area is
a wooded fringe wetland adjacent to the shoreline. Vegetation
consist of small red maple, bays, and Phragmites spp.
(cypress stumps in water). All utilities (water and septic
system) exist on the upland portion of the site. The upland
portion of the site is adequate to construct a single family
home residence which will meet all the required set-backs. The
applicant relayed to me on the site that the area is
sufficient to construct the residence they wish to build. They
further relayed to me that they wished to riprap the shoreline
4 feet above MHW and backfill the entire wetland area behind
the riprap for the purpose of a grassed lawn. The applicant
has already acquired a Nationwide Permit #18 for minor
discarge of fill in no more than .1 acre. They have utilized
70% (.07 ac.) of this permit. Adjacent properties have similar
topography and vegetation. There is one lot within the
development which is bulkheaded and filled to the shoreline.
Frank Jennings of the Division of Coastal Management was not
aware of the specifics of the filled site; only that it was
allowed under a CAMA General Permit (no DEM review). I stated
to the applicant that the Washington Regional Office was
concerned with the wetland fill and the riprap 4 feet above
MHW. Riprap below MHW and the proposed pier would not be a
concern. The applicant has 30% (.03 ac.) of the Nationwide
Permit #18 to utilize which is sufficient to construct an
earthen access area to the shoreline and pier if they wish. I
also relayed to them that they may wish to consider a wooden
deck and/or walkway to access the shoreline if allowed under
the CAMA regulations. Mr. Jennings stated that it would be
allowed. The applicant gave to me a list of proposed
protective measures for runoff (see attached letter to John
Dorney) such as gravel instead of concrete or asphalt
driveway, wooden instead of concrete deck, and downspouts with
a rock base if the Division would allow the wetland area to
be filled.
The Washington Regional office has consistently recommended denial
of projects which propose to fill signicant wetland fringe areas
adjacent to streams merely for the purpose of constructing an
upland grassed lawn (or that portion of the proposed permit). In
speaking with the Wilmington Regional Office, they responded that
they have consistently recommended denial of this type of fill
proposal as well. The protective measures proposed by the applicant
are, in the opinion of the Washington Regional Office, inadequate
to address the impacts of filling the wetland buffer area adjacent
to the shoreline. If the Division should decide to allow this
proposed activity, it could set a precedent that would encourage
applicants all along the coastline to propose the same activity. If
we were to testify in an Administrative Court Contested Case
hearing, it could be determined that we were being "arbitrary,
capricious, an abuse of discretion, or otherwise not in accordance
with law" by not allowing anyone with a similar proposal to fill
wetland fringe buffers along our shorelines. We have already
established precedence of not allowing this type of fill activity.
Due to the CAMA Major Permit application for this project being
determined by this office to potentially violate State Water
Quality Standards, this office recommends denial of the issuance of
the Section Water Quality Certification. The recommendation of
denial is for the fill of the Section 404 wetlands for the purpose
of an upland grassed lawn and the placement of riprap 4 feet above
MHW. The pier is acceptable but does not require a Section 401
Certification. Because all proposals on the application for fill
are unacceptable, the Washington Regional office recommends that
the Section 401 Certification be denied or that the DEM request
that Division of Coastal Management request a Major Modification
eliminating the wetland fill and proposing to riprap the shoreline
below MHW with no fill. New drawings of the proposed shoreline
stabilization below MHW should be submitted on the Major
Modification for review by this office to ensure that there is no
potential to adversely impact the adjacent wetlands.
If you have any question of comments, please call. Thank you.
January 29, 1996
Mr. John R. Dorney
Water Quality Certification Program
P. 0. Box 29535
Raleigh;r N. C. 27626-0535
Dear Mr. Dorney:
After discussing your conversation with me to my husband, we have decided on
the following:
1. The wetland fill of 0.1 acres is insufficient to accommodate beneficial
and reasonable use of our property.
2. This property was plated prior to all of these environmental regulations
acts going into affect.
3. Why do we feel 0.1 is insufficient? The number one reason is flood
control for our home. The area we want to fill is the minimal amount to give
reasonable use of the property.
4. We propose the following to give you the equivalency of the land we want
to fill.
A: We want to use asphalt for a driveway but will concede to use crush &
run to filter out rain water.
B: We will use downspouts on our home that will run into a rock base to
allow water off our home to go into ground water.
C: We will use a wooden deck instead of concrete so water can run through.
D: Maybe something of a feature like mounding in our landscaping to
prohibit run off.
We feel the above will give you the equivalency of the land we want to fill
and give us reasonable use of our property and our legal right to get to the
water.
If necessary, we will also agree to a preservation area and agree not to
construct anything on that area and not cut down trees there or build on that
area.
We think the above will answer the needs of the Department of Environment,
Health and Natural Resources and is something that we can live with. The
additional cost would be worth it.
Very truly yours,
Charlene G. Reynolds
NOTICE OF FILING OF
, R? 7r.
APPLICATION FOR CAMA MAJOR DEVELOP
4
'.;
PERMIT AND WATER QUALITY CERTIFICATION e
I:$ ITY
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that William T. Reynolds
of Camden County, filed an application on November 14, 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 fill material
in project wetlands will not violate applicable water quality standards.
According to said application William T. Reynolds proposes to construct a 5 foot
wide rip rap, 6' x 100' pier with a 16' x 16' platform and fill approximately 9,900 square
feet of Section "404" wetlands. The project is located at lot 142, Edgewater Subdivision,
Camden Point, Shiloh Township, Camden, North Carolina.
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 the office of Frank A. Jennings, Division of Coastal Management, located at 1367
US 17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before December 17, 1995. The issuance of the CAMA
Major Development permit and the Section 401 Certification may deviate from this projected
date depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 12, 1995 for consideration in the CAMA permit decision, and to Mr. John
Dorney, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611,
prior to December 7, 1995 for consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered up to the time of permit
decision. Project modifications may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
request.
PUBLISHED ON: WEDNESDAY, NOVEMBER 22, 1995
V4
Fax:9199753716
PEMIORANDUM
Division of Environmental Management
water Quality section
February 8, 1996
To., Jimmy Overton
John Dorney
Through: h Jim Mulligan
Through: Roger Thorpe?zr*-;--
From: Deborah Sawyer4aA&
Subject: LAMA Major Permit Review
William T. Reynolds
Cauden County
Feb 8 196 1454 P.02/04
C?EHNR
The above subject project has been reviewed by this office. A site
investigation was performed on 7 February 1996. The proposed
project consists of the following:
The lot is approximately 16,500 square feet with 9,900 square
feet delineated as Section 404 wetlands. The wetland area is
a wooded fringe wetland adjacent to the shoreline. Vegetation
consist of small red maple, bays, and Phragmites spp.
(cypress stumps in water). All utilities (water and septic
system) exist on the upland portion of the site. The upland
portion of the site is adequate to construct a single family
home residence which will meet all the required set-backs. The
applicant relayed to me on the site that the area is
sufficient to construct the residence they wish to build. They
further relayed to me that they wished to riprap the shoreline
4 feet above MHW and backfill the entire wetland area behind
the riprap for the purpose of a grassed lawn. The $pppicant
has already acquired a Nationwide Permit #18 for minor
disearge of fill in no more than .1 acre. They have utilized
70% (.07 ac.) of this permit. Adjacent properties have similar
topography and vegetation. There is one lot within the
development which is bulkheaded and filled to the shoreline.
Frank Jennings of the Division of Coastal Management was not
aware of the specifics of the filled site; only that it was
allowed under a CAMA General Permit (no DEM review). I stated
to the applicant that the Washington Regional Office was
concerned with the wetland fill and the riprap 4 feet above
MHW. Riprap below MHW and the proposed pier would not be a
concern. The applicant has 30% (.03 ac.) of the Nationwide
Permit #18 to utilize which is sufficient to construct an
earthen access area to the shoreline and pier if they wish. I
also relayed to them that they may wish to consider a wooden.
deck and/or walkway to access the shoreline if allowed unde=r
the CAMA, regulations. Mr. Jennings stated that it would be
DEHNR Fax:9199753716 Feb 8 '96 14:55 P.03/04
allowed. The applicant gave to me a list of proposed
protective measures for runoff (see attached letter to John
Dorney) such as gravel instead of concrete or asphalt
driveway, wooden instead of concrete deck, and downspouts with
a gook base if the Division would allow the wetland area to
be filled.
The Washington Regional office has consistently recommended denial,
of projects which propose to fill signicant wetland fringe areas
adjacent to streams merely for the purpose of constructing an
upland'gressed lawn (or that portion of the proposed permit), in
speaking with the Wilaingtoyi Regional office, they responded that
they have consistently recommended denial of this type of fill
proposal as well. The protective measures proposed by the applicant
are, in the opinion of the Washington Regional Office, inadequate
to address the impacts of filling the wetland buffer area adjacent
to the shoreline. If the Division should decide to allow this
proposed activity,, it could set a.precedent that would encourage
applicants all along the coastline to propose the same activity. If
we were to testify in an Administrative Court Contested Case
hearing, it could be determined that wa were being "arbitrary,
capricious, an abuse of discretion, or otherwise not in accordance
with law" by not allowing anyone with a similar proposal to fill
we?gnd fxxnge buffers a16ng our stnorelines. We have already
established precedence of ",A* allowing this type of fill activity.
:Due to -tie CAMA Major Permit application for this project being
deterMngd by -this office-to potentially violate State Water
..'Quality standards, this office recommends denial of the issuance of
`the ' S.eation Water Quality 4erti f ication. The recommendation Of
denial is for the €ill -of the?Section 404 wetlands for the purpose
of an upland grassed lawn ana, the placement of riprap 4 feet above
-14HW. The pier is acceptable but does not require a Section 401
Certification. Because all proposals on the application for fill
are uhdccAptable, the Washington Regional office recommends that
:the-$ection 401 Cartification be denied or that the DEM request
that Division of Coastal MorAgemen? request a major Modification
eliminati»g the wetland fill and'-proposing to riprap the shoreline
'1V_A raiw with no fill. New drawi.ngs of the proposed shoreline
.stabilization iml FAW 9hould be submitted on the Major
kodification for review by this office to ensure that there is no
pvtenti,al to adversely impact the adjacent wetlands.
v
If you have any question of comments, please call. Thank you.
DEHNR Fax:9199753716 Feb 8 '96 14:55 P.04i04
Janus" 29, 1996
Mr.. John B. Dorney
Niter Quality Certification Program
P. 0. Box 29535
Raleigh; N. C. 29688-0835
Dear Mr. Dorney:
After discussing your conversation with •e to my husband, we have decided on
the following:
1.. The wetland fill of 0.1 acres Is insufficient to accommodate beneficial
and reasonable use of our property.'
'-2:- Thi6-property was plated prior to all of these environmental regulations
acts going into affect.
3. why do we feel 0.1 is insufficicnt? The number one reason is flood
control for our home. The area we want to fill is the minimal amount to give
reasonable use of the property.
4. We propose the following to give you the equivalency of the land we want
to fill.
A: we want to use asphalt for a driveway but will concede to use crush &
run to filter out rain water.
B: We will use downspouts on our hone that will run into a rock base to
allow water off our hois to go into ground water.
C: We will use a wooden deck instead of concrete so water can run through.
D: Maybe something of a feature like mounding in our landscaping to
prohibit run off.
w.e feel the above will give you the•equivalency of the land we want to fill
and give us reasonable use of our property and our legal right to get to the
water.
If necessary, we will also agree to a preservation area and agree not to
conatruct anything on that area and not out down trees there or build on that
"area.
We think the above will answer the needs of the Department of Environment,
Health and Natural Resources and is something that we can live with.. The
additional cost would be worth it.
Very truly yours,
A P_
Charlene G. Reynolds
DEH R Fax:9199753716
ID:
HN
Feb 8 '96 1454 P.01/04
North Carolina
Department of
Environment, Health
Natural Resources
WA51'IMT N REGIONAL OFFICE
1424 Carolina Avenue
Washiniltfln, N. C. 27889.
PiSOM 91*9-946-6481 FAX: 919-975-3716
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North Carolina apartment of Environment
Health, and Natural Resources ?? Printed on Recycled Paper
January 29, 1996
Mr. John R. Dorney
Water Quality Certification Program
P• 0. Box 29535
Raleigh, N. C. 27626-0535
Dear Mr. Dorney:
After discussing your conversation with me to my husband, we have
the following:
decided on
1• The wetland fill of 0.1 acres is insufficient to accommodate beneficial
and reasonable use of our property.
2. This property was plated prior to all of these environmental regulations going into affect.
.3• Why do we feel 0.1 is insufficient? The number one reason is
control for our home. The area we want to fill is the minimal
reasonable use of the flood
property. amount to give
4• We propose the following to give
to fill. You the equivalency of the land we want
A: We want to use asphalt for a driveway but will concede to use crush
run to filter out rain water.
B: We will use downspouts on our home that will run into a rock &
allow water off our home to go into grou.
C: We will use a wooden deck insteadnofwconcrete so water c base to
D: Maybe something of a feature like mounding in our landsca in
prohibit run off. an run through.
p g to
We feel the above will give you the equivalency of the land we want
and give us reasonable use of our property and our legal right to to fill
water.
get to the
If necessary, we will also agree to a
re not
construct anything on that area and notcutrdownotreesathereaorebuild to
area.
on that
We think the above will answer the needs of the Department of Environment,
Health and Natural Resources and is something that we can live with. The
additional cost would be worth it. ronment,
Very truly yours,
e
Charlene G. Reynolds
DEHNR Fax : 9199753716 Feb 7 '96 17:47 P.02/02
To: .Tohn Dorney
Planning Branch
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CC: W&O; Central Files; DM Field Offices; app Washington Offio?
DEJ d+R Fax :9199753716 Feb 7 '96 17:47 P.01/02
!q V
North Carolina
Department of
Environment; Health
Natural Resou0ces
WASHINGTON OGIONAL OFFICE
1424 COrOffha Avenue
Washington, Vii. C. 27889
Phone: 919-946-6487
FAX: 919-975-3716
TO: .J
FAX: NUMBER:
FROM
DATE:
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AREA CODE NUMBER EXTENSION
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RETURNED YOUR CALL
Message__-?4N1 Signed
N.C. Dept. of Environment. Health. and Natural Resources
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., P.E., Director
January 11, 1996
Mr. William and Ms. Charlene Reynolds
1617 Cutty Sark Road
Virginia Beach, NC 23454
Project # 951095
Dear Mr. and Ms. Reynolds:
The Division of Environmental Management, Water Quality Section has reviewed your plans
for the discharge of fill material into 0.23 acres of waters and/or wetlands located at lot 142,
Edgewater Subdivision, Camden Point in Camden County for lot fill and shoreline riprap. Based on
this review, we have identified significant uses which would be removed by this project. These uses
are water storage, wildlife habitat and aquatic life habitat. 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 uncertain whether we can approve your 401 Certification. 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 home with the wetland fill (0.1 acres) that we
approved on 20 November 1995? fic reason for the additional fill is unclear. 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 copy to Ms. Deborah Sawyer at the
Washington Regional Office at 1424 Carolina Avenue, Washington, NC 27889. I can be reached at
919-733-1786 if you have any questions.
incerely,
Jo R. o ey
ter Quality Certificat on Program
cc: Washington DEM Regional. Office
Wilmington Office Corps of Engineers
Central Files
John Parker; DCM
951095.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
So
14 I
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
November 30, 1995
Regulatory Branch
Action ID No. 199601027
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:
Enclosed is the application of William T. Reynolds for Department of
the Army (DA) authorization and a State Water Quality Certification to
discharge fill material into Section 404 Department of the Army jurisdictional
wetlands, place riprap material along the shoreline, and construct a pier and
platform, on property located off State Road 1163, at Lot No. 142, Camden
Point Shores Subdivision, adjacent the Albemarle Sound, near Shiloh, Camden
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 20, 1996, 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,
Raleig Bland
Project Manager
Regulatory Branch
Enclosure
-2-
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
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT NOV z 1 1995
REGULATORY BRANCH
1. APPLICANT'S NAME: William T. Reynolds
2. LOCATION OF PROJECT SITE: Lot 142, Edgewater Subdivision, Camden Point, Shiloh
Township, Camden, North Carolina
Photo Index - 1989: 147-5 (U-7) 1984: 124-729 (G-7)
State Plane Coordinates - X: 2,890,600 Y: 896,800
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/29/95
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - November 14, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Camden County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic drainfield system
Planned -
(F) Type of Structures: Existing - Temporary service pole, trailer
Planned - House
(G) Estimated Annual Rate of Erosion: 1 - 2 feet
Source - Observation, old plat work
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands ES 404 7,500 square feet
404 2,400 square feet
(B) Non-Vegetated Wetlands
(C) Other PT, EW Rip rap footprint Pier shaded
Shallow Water Habitat 500 square feet 856 square feet
(D) Total Area Disturbed: 11,256 square feet (.26 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: Applicant proposes to construct a 5 foot wide rip rap, 6' x 100' pier with
a 16' x 16' platform and fill approximately 9,900 square feet of Section "404" wetlands.
William T. Reynolds
Bio Report
Page Two
Site Description
The applicant owns a .38 acre lot along Edgewater Drive (private) which joins SR 1163
in the Camden Point Shores Subdivision of the Shiloh Township in Camden County, North
Carolina. The lot is located in a neighborhood of developed and undeveloped lots of similar
size. The adjacent riparian lot to the west has been filled and rip rapped and has a single family
residence. The adjacent riparian lot to the east is undeveloped and is mostly Section 404
wetlands. The lot dimensions are 100' x approximately 165' with 100' on the Albemarle Sound.
The lot topography consists of an upland area of approximately 6,750 square feet by Edgewater
Drive with an elevation of approximately 3 feet above normal water level. The lot slopes to an
elevation of approximately 6" along the Albemarle Sound. This area has been delineated by the
USACOE as Section 404 wetlands and consists of 9,900 square feet. The upland area is
vegetated with yard grass and is mowed. The wetland area plants consists of common reed
(Phragmites s X. with few small red maple Acer rubrum trees. This area has also been
mowed with only the trees and the root mat remaining.
Man-made features include a septic drainfield system, a temporary electrical service pole,
county water hook-up and a camper trailer for temporary habitation.
The applicant's property is located near the mouth of the Pasquotank River where it joins
the Albemarle Sound. Waters of the Albemarle Sound are classified as SC by the N.C. Division
of Environmental Management.
Development Proposal
In order to protect his shoreline and access the sound, the applicant proposes to construct
a rip rap system up to five feet waterward of the normal water line. This system will be
approximately three feet high and the applicant proposes to backfill the Section 404 area to
match the height of his rip rap. The water depth at the shoreline is one foot. A 6' x 100' pier
with a 16' x 16' platform is also proposed. Water depth at 100 feet from the shoreline is 3 feet.
Anticipated Impacts
The proposed rip rap will result in the loss of 500 square feet of shallow water habitat
with approximately 11 cubic yards of rip rap fill material placed in Public Trust and Estuarine
Waters. Construction of the pier will result in 856 square feet of Public Trust Waters and
Estuarine Waters being shaded. A total of 9,900 square feet of Section 404 wetlands are
proposed to be filled. Of this total, 7,500 square feet are located in the Estuarine Shoreline
Area of Environmental Concern. The amount of fill proposed will be 367 cubic yards. Water
turbidity will increase during construction of the rip rap and the pier and platform.
William T. Reynolds
Bio Report
Page Three
CAMA Review
The proposed project involves Public Trust, Estuarine Waters and the Estuarine Shoreline
Areas of Environmental Concern. The proposed project will result in .2 acre of Section 404
wetlands being filled and 100' of Estuarine Shoreline and Section 404 wetlands being rip rapped.
No historical/archeological significance is associated with this lot. No endangered or threatened
species of plants or animals have been identified in the project area. The pier and platform
could be permitted under a CAMA General Permit. The lot is not part of any unique geologic
formation. There are no submerged aquatic vegetation beds within the project area.
A consistency review of the project with the Camden County Land Use Plan will be sent
under a separate letterhead.
Submitted by: Frank Jennings
Date: November 14, 1995
-Form DCM-MP-1
APPLICATIO
(To be completed by all applicants) ?--?
b. City n, r o tmunity?oandmark
1. APPLICANT l It /U
c. Str ?ddl dress or secgndary road umber
a. Landowner: _ f ? a r
Name 1 \ C1 L) U I ?`1 V ` kprjel1'-- d. Is proposed work within city limits or planning
jurisdiction? Yes ?< No
Address e. Name of body of wa a pBarest roject . riv r
city f4" State creek, sound, bay) E b r?L v?A-?-('r d u. ,
Zip a3?1ti(7' Day Phone F0 6dT- 117y
Fax 6 V0_ j Q 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation an d/or filling activities.
Address u-t lc? Om
13 U,
City State ?2
Zip Day Phone b. Is the proposed activity maintenance pf an existing
project, new work, or both?
Fax
c. Will the roject b for public, private or commercial
use? U A
c. Project name (if any)
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE: Permit will he issued in name of kmdowner(s), andlor project. If more space is needed, please attach
project name. additional pages.
2. LOCATION OF PROPOSED
PROJECT
a. County C ('^" ? "'i
Revised 03/95
Form DCM-MP-1 F F (7N r, r
LI( i i
1 `ii SEP a I?SJr
ii11Y Describe existing yastewater treatment facilities.
4. LAND AND WATER 1J . c c- ,en/tt
CHARACTERISTICS - - - --
a. Size of entire tract 6 X 14'
b. Size of individual lot(s)
Approximate levation of tract above MHW or
NWL .. e
d
e.
So? typl(s). and texture(s) of tract
A-t-l
Vegetation on tract
f.
g
Man-made features now on tract
T-1 C 7ANC
What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
l/ Conservation
_ Developed
Rural
Transitional
Community
Other
h. How is the act pn? by local government?
Ro &- +w-
i.
Is the proposed project consistent with the applicable
zoning? _(, Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeolo 1cal assessment been
done for the tract? No
If yes, by whom? Q'P 0S Fr'?
k.
Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eli yi property?
Yes (90)
Are there wetlands on the site? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted
(Attach documentation, if available) Co U_
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and resi ential discharges.)
o. Describe existing drinking water supply source.
(J,J LF
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 a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03195
Form DCM-MP-1
J
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 4.,z. ?L /n Rs. Rc)h-Q? CIk 2,?
Address c 4? ti.c??
?o-V _c3 cum E?, Phone
!5i/D 5W,5 ?,Si 4?e ?Tvn?, ?, a v
• 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.
Phon? / ?' - ? ?
5h iLoh r C a
Name Yr?2.?h'1R.s. ?'I ?-?? ?4.2 n)
Address /U O
Phone
Name
Address
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 ?-? day of, 19
Print Name Cf/c/eve ?°ec??uc???s
Signature 4g6el.
Landowner or Authorized Agentell
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
space provided at the bottom of each form.
Revised 03/95
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 Final
Emoting Project
Len¢th Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
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?
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?
i P!0V ! 4
Revised 03195
Forn9 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 stabil" tion
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maxim distance waterward of MHW or NWL
e. Shoreline erosion during p edi 12 months
(So^ ie of info"wsion) i1 J ? C y
f. Type of b Ikhead or riprap material f
g•
Amount of fill in cubic
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill ..,aterial
i. Source of fill material -
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
I
Revised 03/95
yards to be placed below
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area f! Io
(3) Purpose o fill
qe'?- v e-?
b. Will fill material be placedi Lsoas wetlands
(marsh), SAVs o other wetlands? ??7v
Yes o
If yes,
(1) Dimensions of fill
5. GENERAL
a. How will excavated or fill aterial be kept on site
and erosion controlled? Zk,
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr:,ssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant s v
Signature
Hate
i .1 ; innr
,, i
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
e. Mooring buoys
Dock(s) and/or Pier(s)
(1) _ Commercial -Community )? Private
(2) Number
(3) Length 00'
(4) Width Go `
(5) Finger Piers Yes No
(i) Number
(ii) Length f.
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length !,
(iii) Width 160
(7j Number of slips proposed EVE: g
(8) Proximity of structure to adjacent riparian
property lines Ua
(9) Width of water body /r 1 /e 4-
(10) Water depth at waterward end of pier at
MLW or NWL 3
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average
wetlands _
(3) Maximum
distance from MHW, NWL or
distance beyond MHW, NWL or
wetlands
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
.....------------------
to be placed beyond
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
Other (Give complete description)
/J.T ? '/" /-
Applicant or jest Name
kgnature
Date
Width of water body
Distance buoy(s)
shoreline
Revised 03/95
Existing bank to be
graded
4' above MHW
Proposed Piprap 50 - 2001b.
- - - - - --- - - - - - -? stones. 1 ton per toot, placed
along existing bank
? Vegetation to remain
New grade wfth
.grass cover 2
B ?1
Section 'B' -'B'
MHW
Not to scale ,.,
• MLW
A 10.251b. core stone , A
base on fi ter cloth
SECTION'A'-'' 9urtedtoo belowMl.w
Not to scale
REYNOLDS LOT---142======Number 128 Edgewater DR, Shiloh, NC
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PROPERTY BEING CONVEYED TO
WILLIAM T. REYNOLDS (I ?; :...?.?__,.
AND WIFE
CHARLENE G. REYNOLDS AU'G :L 1nlr? 1'
...~-•--•------ - ~°
SHILOH TOWNSHIP ......
CAMDEN COUNTY, NORTH CAROLINA
SCALE 1" = 40'
JULY 11, 1995
BEING LOT 142, EDGEWATER SUBDIVISION, RECORDED IN MB 2, P 99.
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DETrR146v e1) A14&;4 ?g.?? I LOT 141
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?`,:?y?•L-2690
?AICR
I, EDWARD T. HYMAN, JR. CERTIFY THAT THIS PLAT WAS DRAWN FROM AN ACTUAL FIELD LAND SURVEY MADE
UNDER MY SUPERVISION: THAT THE DEED DESCRIPTION FOR SAID PROPERTY IS RECORDED IN D. B. , P.
THAT THE ERROR OF CLOSURE IS 1:10,000+ ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH BOARD
RULES, WITNESS MY ORIGINAL SIGNATURE, REG. NUMBER AND SEAL THIS 14 DAY OF JULY, I Y95
NOTE: THIS PROPERTY IS LOCATED IN FLOOD HAZARD ZONE A3(7). EDWARD T. HYMAN, JR. R.L.S. L-2690
LOWEST FLOOR ELEVATION = N/A N.G.V.D. PO BOX 2174
GRADE ELEVATION N/A N.G.V.D. ELIZABETH CITY, N.C. 27906-2174 (919) 338 2913
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P r??e C,055 SecT o
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., P,E„ Director
?EHNR
November 20, 1995
Camden County
DEM Project # 951095
APPROVAL of 401 Water Quality Certification
Ms. Charlene and Mr. William Reynolds
1617 Cutty Sark Road
Virginia Beach, VA 23454
F
Dear Mr. and Ms. Reynolds:
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of _
constructing a home at Lot 142, Edgewater Drive, Camden Point, as you described in your application
dated 11 October 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2733. This certification allows you to use Nationwide
Permit Number 18 when it is issued by the Corps of Engineers.
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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
S' erel ,
reston Howard, J . E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
951095.1tr
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
1617 Cutty Sark Road
VA Beach, VA 23454
October 09, 1995
Mr. John Dorney
Water Quality Planning
NC Dept of Environment, Health
and Natural Resources
P. O. Box 29535
Raleigh, NC 27626 0535
Dear Mr. Dorney:
Please find enclosed our application for Nationwide Permit which
we ask that you please honor. Please call us daytime phone
1-800-696-0571 if you have any question on the application.
Thanking you in advance.
Very truly yours,
W. T. Reynolds
Encl:
REC'E/VS'D
Oct I I
E"VVIRCNMENIq 199S
uSCIFNCES
DEM ID; -IS lO 9 D ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMEIt T, OE4LT, ! i
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 OCT
Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Charlene G. and William T. Reynolds
2. Owners Address: 1617 CuttV Sark Road, VA Beach VA 23454
3. Owners Phone Number (Home): 8041481-4040 (Work): 1800-696-0571 or 804-625-157:
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City:
Shiloh, NC
Lot 142-Edgewater DR, Camden Point, Camden,Ctigni
Specific Location (Include road numbers, landmarks, etc.):
Lot 142 Edgewater DR,
6. Name of Closest Stream/River:
7. River Basin:
Albermarle Sound
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X ]
If yes, explain.
10. Estimated lotal number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted:
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID:
County:
Notification of Jurisdictional Determination
Property owner/Authorized Agent
Address
Telephone Number.
Size and Location of
Y-3 ca_Lr e_ IN-
Indicate l'lQ ?C?N? ?
Which of the following apply:
V1 , r
ody, H`i'hwa Iy name/
l L-D
td(Pin
, town, etc.)
K eV no A-S
D ,
r tf'_ SOU,+??
property hick we stro ly suggest s uld bed eated d
• Thee are w tlands o the ab a descryperty.
su yed. a surv yed wet And lines st be ver' ied by our st ff before theorps willel'ake a final
jur' dictio 1 deter
ination n your pr • Becaus of the siz of your operty d our pr sent workl ' ad, /sa tificat'on a d delineat' n of yo ift
wetla s cannot a accom fished in timely anner. Y may employ consulta to obtai a
ty,
more imely deli eation o the wed ds. On your con ltant hed a wet nd line o the pr70perty
Cor staff will eview it and, if it ' accurat , we stron y recom at yo ave the ' e curve for
fins approval y the Co ps. The rps wil not mafinal juris l determinatio n your p wit out an ap roved s rvey.
W • The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed Jhfce wars from the date of this notification.
• There are no w tlands pre entSdh /an e above scribed p perty whi are sub' ct to the permit
requi ments of ection 40 of the C. Water ct (33 US 1344). U ess there ' a change ' the law
or o publishe regulatio , this det inatio ay be reli d upon for period n to exceed ree years
fro the date f this notif ation.
• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements. .2611 - 3961
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regardin& t e Corps of Engineers regulato program, please contact
? at S 6 ul C_?
Property owner/Authorized Agent Signature t e,
Project Manager Signature U
Date 942 9 " 9 Expiration Date
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CESAW Form 566
1 ocr 92