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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. 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