HomeMy WebLinkAbout19960007 Ver 1_COMPLETE FILE_19951222State 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
A74
w. ?
L7EHNR
January 28, 1996
Camden County
DEM Project 41960007
APPROVAL of 401 Water Quality Certification
Mr. Ricky Edwards
864 Sandy Hook Road
Shiloh, NC 27974
Dear Mr. Edwards:
You have our approval to place fill material in 2,294 square feet of wetlands or waters for the
purpose of constructing a bulkhead, pier and boathouse at lot 1, Driftwood Trail, Bucko Bay, Shiloh,
as you described in your application dated 19 December 1995 . 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.
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 Fy 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.'go ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearins, 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 Dorney at 919-733-
1786.
Sincerely,
eston ard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
960007.1tr
Environmental Sciences Branch, 1401 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
State of North Carolina
Department of Environment,
Health and Natural Resources ( •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, SecretarypEHNFR
Roger N. Schecter, Director
RECEIVED
?? oCHI,NGTON OFFICE
December 19, 1995
C r J 2 2 1995
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Enviror`7ental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: LAMA/DREDGE & FILL Permit Application Review
Applicant: Ricky Edwards
Project Location: Lot 1, Driftwood Trail, Bucko Bay, Shiloh, Camden
Proposed Project: Construct 205 eft. of bulkhead, backfill 1,243.5 sq. ft. of
estuarine/public trust waters and construct a 200' x 6' pier with a
20' x 20' platform and a 12' x 12' boathouse.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by January 9, 1996. If you have any questions regarding the proposed
project, please contact Frank ?. Jennings, III at (919) 264-3901. When appropriate,
in-depth comments with support_Jng data is requested.
REPLY _\,-' This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10% post-consumer paper
.1 DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ricky Edwards
2. LOCATION OF PROJECT SITE: Lot 1, Driftwood Trail, Bucko Bay, Shiloh, SR 1111 and SR
1112 intersection, Camden County
Photo Index - 1989: 129-11 (J9) 1984: N/A
State Plane Coordinates - X: 2865500 Y: 917900
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11-22-95
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - December 19, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Camden County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private, Residential
(E) Wastewater Treatment: Existing - None
Planned - Septic drainfield
(F) Type of Structures: Existing - None
Planned - Single family residence
(G) Estimated Annual Rate of Erosion: 3'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
ES 404 1,050 square feet
(B) Non-Vegetated Wetlands
(C) Other Shallow Water Shaded
PT, EW 1,243.5 sq. ft. 1,840 sq. ft.
(D) Total Area Disturbed: 4,133.5 square feet (.09 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: Applicant proposes to construct 205 feet of bulkhead, backfill 1,243.5
square feet of Estuarine/Public Trust Waters and construct a 6' x 200' pier with a 20'x 20' platform
and a 12' x 20' boathouse.
Ricky Edwards
Bio Report
Page Two
Site Description
The applicant owns a 10 acre wooded tract in Shiloh Township, Camden County. The
tract is accessible by a private road known as Driftwood Trail which connects to the state
road system at the intersection of SR 1111 and SR 1112. The tract lies along the Pasquotank
River in an area known as Bucko Bay. Soils consist of Roanoke silt loam and dominant
native trees are red maple, (Acer rubrum , loblolly pine (Pinus taeda) and water oak
uercus ni is .
Approximately two acres of the tract adjacent to the Pasquotank River have been
cleared in preparation for the construction of a single family dwelling. CAMA Minor Permit
#951115 was issued by the Elizabeth City Field Office for this activity. Adjacent property
consists of like sized tracts with a home under construction on one side and a home planned
for the other side. The shoreline of both adjacent riparian tracts are bulkheaded.
Tract elevation varies from six inches in areas along the shoreline to four feet towards
to center of the property. A possible Section 404 wetland area of 1,050 square feet exists in
the Estuarine Shoreline Area of Environmental Concern approximately 10 feet from normal
water level.
Waters of the Pasquotank River in this area are classified as SC by the NC Division of
Environmental Management. Annual shoreline erosion is estimated to be one to two feet.
Development Proposal
In order to protect his shoreline and access the river, the applicant proposes to
construct 205 feet of wooden bulkhead. He proposes to connect his bulkhead to the adjacent
riparian existing bulkheads. The average distance from shore of the proposed bulkhead is
6.06 feet with a maximum distance from shore of 17 feet.
He further proposes to fill the wetland area in order to level and landscape his yard. A
6' x 200' pier with a 20'x 20' platform and a 12' x 20' covered boathouse are also proposed.
Anticipated Impacts
Construction of 205 feet of wooden bulkhead as proposed would result in 1,243.5
square feet of shallow water habitat being lost. Approximately 115 cubic yards of backfill
will be required. One thousand fifty square feet of possible Section 404 wetlands would be
filled requiring 97 cubic yards of fill.
Ricky Edwards
Bio Report
Page Three
The pier, platform and boathouse would shade 1,840 square feet of Estuarine/Public
Trust Waters. Water turbidity will increase during construction of the bulkhead, pier,
platform and boathouse.
CAMA Review
The proposed project involves Public Trust, Estuarine Waters and Estuarine Shoreline
Areas of Environmental Concern. The proposed project will result in .03 acres of Public
Trust and Estuarine Waters being lost. Total disturbance in the involved AECs will be .09
acres. 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,
platform and boathouse could be permitted under a CAMA General Permit. The tract 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 A. Jennings, III
Date: December 13, 1995
Form DCM-MP-1
APPLICATI
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name_Rirk?4 T,. Edward, & Sheila R. Edwards
Address RF,4 ganrliz Hunk Rrl _
City Shiloh State NC
Zip 27c)74 Day Phone (A19)'3-3h-4437
Fax
b. Authorized Agent:
Name N/A
Address
b. City, town, community or landmark
Shiloh
c. Street address or secondary road number
_Bucko Bay Lot 1A & 1B
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) Pasquotank River
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.
City State
Zip Day Phone
Fax
c. Project name (if any)
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
b. Is the proposed activity maintenance of an existing
project, new work, or both? new work
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. Bulkhead Ghnrpline
to protect from erosion. Build pier
rnr water ac-c?PS, r, i i iow area-in
-lot.
a. County rar npN
Revised 03/95
Form DCM-MP-1
m. D.'escribe existing wastewater treatment facilities.
4. LAND AND WATER ??`=? `?''?-=1L CHARACTERISTICS
tl4y?,??"""°
a. Size of entire tract Whole Tract
b. Size of individual lot(s) _ ------------
Approximate elevation of tract above MHW or
NWL
d. Soil type(s) and texture(s) )f tract
e. Vegetation on 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.) _urfacc-
runnff
o. Describe existing drinking water supply source.
grivate well
f. Man-made features now on tract none
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
no
i. Is the proposed project consistent with the applicable
zoning? x Yes No
(Anach zoning compliance certificate, if applirable)
Has a professional
done for the tract?
If yes, by whom?.
archaeological assessment been
Yes _ x No
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? X Yes No
Coastal (marsh) Other x
If yes, has a delineation been conducted? No
(Attach documentation, if available)
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 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• 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 Mr _&Mrs _ Anthony B. Cartwright
Address P.O. Box 2 , Camden, NC 27921
Phone
Name SLY & Mrs S Michael Sutton
Address 1601 Caddy Lane, E 4eth City, NC
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• 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.
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 7 day of Lece,.,3,n 19 j 3 -
Print Name rL Jw??S
Signature ?Gu
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
? DCM MP-2
_ DCM MP-3
DCM MP-4
_ DCM MP-5
DCM MP-6
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
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
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Vi. 1f•.? ?Q :? r? H
......---------.---._
1. EXCAVATION
a. Amount of material to be excavated from below
1viHW or NWL in cubic yards N/A
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 N/A
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?
Revised 03/95
Form DCNI-11P-2
1I
e. Does the disposal area include any coastal wetlands, if yes.,
(marsh), SAVs or other wetlands?
Yes No
7 L;
f. Does the disposal include any area in the water?
Yes No (3)
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 909, ' F- ?Z OS
c. Average distance watprward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
3 .
(Source of informadon)
A?fo /? enn - o d S?'V/9 f7 u
f. Type of bulkhead or riprap material
Traated Wood
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill S . Cu ?.o?s
h. Type of fill material
Clean Fill
Source of fill material
Uoland
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
Amount of material to be placed in the
water None
Dimensions of fill area
Purpose of fill
Level Area
b. Will fill material be placed in coastal wetlands'
(marsh), SAVs or other wetlands?
X Yes No
If yes, ,
(1) Dimensions of fill area 4 ?'/z-'x4,21(33
/o SO .erg L
(2) Purpose of fill Le veL -4A' Giq
5. GENERAL
a. How will excavated or fill material be-kept on site
and erosion controlled?
To be contained by bulkhead
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Badc Hoa
c. Will wetlands be cr: ssed in transporting equipment
to project site? Yes .r No
If yes, explain steps that will be taken to lessen
environmental impacts. 511-T- ??iye e cu / LL
OC uSeo 61A) 7-1 L_ 5°edPb GRASS
FL UM )SP eS
?IGk `f f --d LO P4 de Vs
Applicant r Project 1(ame
Signature l
O e c e pt_i 17 l 7
Date
Revised 03/95
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.
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community 7' Private
(2) Number 1
(3) Length Q+'
(4) Width 6
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) `/ Yes No
(i) Number I
(ii) Length ?z O
(iii) Width 20
(7) Number of slips proposed I
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
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 distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body -
Distance buoy(s) to
shorel ine
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
Rico' k- d.) iiivos
Applicant oy Project N e
Signature
Decetvi ?c,e ?1 /99J
Date
Revised 03/95
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