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HomeMy WebLinkAbout19960403 Ver 1_COMPLETE FILE_19960422DEHNR Fax:9199753716 Jul 16 '96 1107 P.06/11 To : John Dorney Planning Branch DIVISION OF ffiVPIROAIIffiVTAI, NANAGEPS w CAMAIGOE PERMIT APPLICATION REPIBW WaRO PROJECT 0 FY? 2- 66:?- e-7- WQ SUPEI(VISOR: RE<TIEXBR: SA,hTYSR DAT1Ra/`?Rp /F 6; WETLAND XNFOHnATION FaR CENTRAL OFFICE TRAC?IG PERMIT YR z 9Z P NO COUNTY ar PROJECT NA?iSs ?'„ PROJECT TYPES PMWT TYPE: COE 1: DoT I r E RCD FROM CDA: MATE FROM CDA: Rr oFFZCE: WaBO RIM =UB BASIN # STREAM OR ADJAC?Ni' WATER BODY: ?, CLASS z e- p,,v STREAM ima !.% - - OPEN OR CLOSED.: WL IMPACT: ^-' WL TYPE: WL REQUESTED?: WL ACR SST: MRO CNECT?: WL SCORE: MITIGATION: NMGATION TYPE: MITIGATION SIZE: RkT3;NG SMM ATTACHED? RECOMMMATION: S B J-? XSSUE/CONY DENY HOLD STORMWATER PLAN 1tEQ'D: IF YES. DATE APPROVED:s?!, PROJECT DESCRIPTION: ` d ra WATER %KrN CERT. (401) CERT. REQ'D: IF YES, TYPE: SEWAGE bISPOsAL TYPE OF DISPOSAL PROPOSED: S?'IA1G -'PROPOSFD, PTIC_TAtdi.'? BTC. ) TO BE PERMITTED BY: ? - -- (DEM, DHS, 6k3?I'Sf) IF BY DEM, IS SITE AVAILA.$LE AND PERMIT ISSUANCE PROBA13LE: WATER/WETLkND PZLL AREA OF FILL: WATRR: e-* P. 2 e)r WETLAND; _ DREDGING IS FILL ELIMINATING A SIGNIFICANT USE? A AREA TO BE DREDGED; OV IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF R.ESOURCE7 IS SPOIL DISPOSAL ADEOUATELY AnnRFSSrm ARE THE FOLLOWING ADEQUATELY SEWAGE DISPOSAL: OXYGEN IN BASIN; ADDRESSED? ?'J'6 MARINA SERVICES: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Filesj DCM Field Offices; COE WaShington Office DEHNR MEMORANDUM Fax:9199753716 Jul 16 '96 11:07 P.07i11 DIVISION OF ENVIRONMENTAL MANAGEMENT To., Bill Moore, Environmental Enginaar Water Quality Section, WaRO From: Deborah sawyer, Environmental Technician Water Quality Section, WaRO Date; Subject: Request for Stormwater Review of section 401 Applications PROJECT NAME: PROJECT NUMBERi F DATE RECEIVED: DATE FINAL COMMENT: ICS / e NOTE: See attached description of project A COMMENTS: 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 ALTI.R?FA .AM# 00 C) EHNR June 21, 1996 Currituck County DEM Project # 960403 APPROVAL of 401 Water Quality Certification Mr. William S. Richardson Currituck County 39 Courthouse Road Currituck, NC 27929 Dear Mr. Richardson: You have our approval to place fill material in 0.5 acres of waters for the purpose of creating a parking area for a boat launch site at SR 1232, as you described in your application dated 17 April 1996. 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 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 Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Carps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM Sinc y, s Howard, r. P.E. 960403.1tr 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 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 960403 LT. RECEIVED [DE H N R APR 2 6 1996 ENVIRONMENTAL SCIENCES April 17, 1996 R F'_ ,"E D !"dASr, NG l G i OFFICE A R 2 ? 1996 MEMORANDUM TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Currituck County Project Location: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek Proposed Project: To fill an existing % acre basin in Public Trust Waters on a man- made canal off Tulls Creek and construct 30 feet of bulkhead along the created canal shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. 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. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects attached comments. Signed Y to the project for reasons described in the Date _ IN (t 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DIVISION OF COASTAL MANAGEMENT rLa n "A . ?, FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Currituck County 2. LOCATION OF PROJECT SITE: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek Photo Index - 1989: N/A 1984: N/A State Plane Coordinates - X: 2859300 Y: 1002150 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/11/96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - April 9, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT (C) Water Dependent: No (D) Intended Use: Parking Area (E) Wastewater Treatment: Existing - Septic system Planned - N/A (F) Type of Structures: Existing - Boat Basin Planned - Parking Lot (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] 8. PROJECT SUMMARY: The applicant proposes to fill an existing 1/2 acre basin in Public Trust Waters on a man-made canal off Tulls Creek and construct 30 feet of bulkhead along the created canal shoreline. (D) Total Area Disturbed: 22,205 square feet (0.51 acres) (E) Primary Nursery Area: No (F) Water Classification: SW Open: N/A Currituck County Bio Report Page Two SITE DESCRIPTION The applicant owns a 20 acre tract located on Poyner Road (SR 1232) approximately 1.15 miles from NC 168 in the Sligo area of Currituck County. The tract lies along Tulls Creek and has a man-made canal and a '/z acre basin. A septic tank, picnic area and a parking area are other man-made improvements that are located on the tract. Adjacent properties consist of undeveloped wetlands and the NC DOT right-of-way for Poyner Road (SR 1232). The development area is approximately two acres and soils consists of spoil material from the excavation of the existing basin and fill material brought in from an upland source. Loblolly pine (Pinus taeda) and yard grasses represent the predominant plant life. The average elevation of the development area is two feet. The average depth of the basin is 71/2 feet. Tulls Creek is classified as B SW by the Division of Environmental Management. DEVELOPMENT PROPOSAL The applicant proposes to place a 30 foot wooden bulkhead across the mouth of the basin and backfill the entire basin. The purpose of this development is to create more parking area for a future NC WRC boat ramp. NC DOT will provide the spoil material from the NC 168 road widening project. The bulkhead is to be constructed before any backfilling activities. ANTICIPATED IMPACTS Approximately 22,205 square feet of Public Trust Waters will be filled. Approximately 7,813 cubic yards of fill material will be required to fill the existing basin to an elevation of two feet above NWL. Turbidity will temporarily increase during construction. Submitted by: Frank A. Jennings, III Date: April 17, 1996 i Form DCM-MP-1 R?CFI',/Ff) APPLICATION APR 9 1996 (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Currituck County Address 39 Courthouse Road City Currituck State NC Zip27929 Day Phone(919)232-3378 Fax (919)232-3026 b. Authorized Agent: Name Address City _ State Zip Day Phone Fax c. Project name (if any) Poyners Road Boating Access Area (Tulls Creek) NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Currituck b. City, town, community or landmark Sligo in Crawford Township c. Street address or secondary road number Poyner Rd (SR123 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Tulls Creek, Cowells Creek 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. Filline basin and bulkhead with GEO textile sediment curtain 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? Public Use 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. See Attachment I Revised 03/95 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER N/A CHARACTERISTICS a Size of entire tract 20 Acres n. Describe location and type of discharges to waters . Woodland of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) Site 1 Acre 19.00 Acres wastewater, industrial/commercial efNyeAnt, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL NWL 2-3 f t. d Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. . Cu-Currituck mucky peat N/A e. Vegetation on tract Domestic grasses, Pines Cat Tails, f. Man-made features now on tract Basin 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use plan.) following items must be submitted: X Conservation Transitional • A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then Agricultural forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.020' for a If yes, by whom? detailed description.) 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 Are there wetlands on the site? X Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? yes (Attach documentation, if available) 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-2 EXCAVATION FILL AND (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 Un¢th Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) fill to 120' 84' 7' land surfac APR 9 1996 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A 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 N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area SR 1232 Poyner Rd b. Dimensions of disposal area 23 , 792 sq. ft. c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where? same site Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? X Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization x_ Bulkhead Riprap b. Length 30 f t. c. A eN?e distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL at NWL e. Shoreline erosion during preceding 12 months N/A (Source of infomwtion) f. Type of bulkhead or riprap material bulkhead- wood g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfillsee proposed improvement h. Type of fill material see proposed improvement i. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No If yes, (1) Amount of material to be placed in the water 6,000 cubic yards (2) Dimensions of fill area 23 , 792 sq. ft. (3) Purpose of fill to enlarge round area, parking, and en ante use of property b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled?Mesh cutain(GEO Textile Sediment Curtain) located at mouth of in b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Dump truck to carry fill material c. Will wetlands be cr3ssed in transporting equipment to project site? Yes X No If yes, explain s that will be en to lessen environm impacts. Curritu 1 u y Applicant o ;Cct f Signature U April 4, 1996 Date Revised 03/95 RECEIVED 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 Alan Russell NCDOT Dist. Eng. Of. Address 7 N Elizabeth City NC 27909 Phone Name Harold M Holder Address . ox Moyock NC 2/9M (919) 232-7074-- 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. N/A • 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. APR 9 1Q95 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 N 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 ' rmation pr ded in this application is truthful the pest of my know ge. This is the 4th dWof p it I jK26 Print Name W Signature .? or-i utho i*ed Agent Please indicate attachments pertaining to your proposed project. X 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 • UCK Co?1 1• 9 1996 Currituck County Department of Planning and Inspections Post Office Box 70 1610 Currituck, North Carolina 27929 919-232-3055 / 919-232-3378 FAX 919.232-3026 Attachment I The proposed project, Poyners Road Boating Access Area (Tulls Creek) indicated on the application will include filling the basin and the construction of a bulkhead lined with a GEO textile sediment curtain, to close the mouth of the basin off from the rest of the canal. The project will involve taking spoil material from the NCDOT NC168 road widening project. At present the basin serves no real purpose to the area; it is a manmade basin which has no natural flushing action to cleanse the basin of stagnate water. With increased public activity to the area there will be a potential for erosion around the basin perimeter. Filling the basin would not only enhance the area but also add to its usefulness, with increased parking space and ground area. The Wildlife Resource Commission, who the property will be leased to, will eventually construct a public boating access consisting of a pier, bulkhead, and boat ramp. This project will not only benefit the community, it will be an asset to the county providing many recreational resources such as fishing, boating access, areas for picnics, and other related outside recreational activities. r 0 s d' v -9 T 0 a s t- 1 / u J? APR 9 ???? RENT rvr-? APR c . is l( I:a, cc Q sit) ?jj?j9? REC-7 IVED APR 91996 r J 3 ? 1 c? d IS r r I t J J t 06 d _ J ti -- APR 9IM w 0 N 0 S 1 Q U Y U H U 0 a: M I r Q y N .s N ! ? 1 f7 n a a SO' ! f " •(' U-J •R T •,r. ?U , .r. 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ROBBINS, CER7IFY TIMAT THIS MAP SITRVEY FOR WAS DRAWN UNDER MY SUPERVISION FROM AN NORTH CAROLINA WILDLIFE ACTUAL SURVEY MADE UNDER MY SUPERVISION, AND MEETS THE REQUIREMENTS OF TITLE 21, RESOURCES COMMISSION NORTH CAROLINA ADMINISTRATIVE CODE, CHAPTER 56. WITNESS MY HAND AND SEAL THIS THE 29TH DAY OF FEBURARY . , 1996. REGISTERED LAND SURVEYOR L-2677 I No.: PARCEL AT SLIGO CRAWFORD TOWNSHIP CURRITUCK COUNTY NORTH CAROLINA Date: 2-29-96 Scale: 1' = 50' • Drawn: HMR Avg. Gr . ev.: William T. Robbins - SURVEYOR A3-6' No.: -i-ynn-ra n, -.c i• (919) 453 -2126 HC 63 BOX 19 1e11i1 P.61-1RR(1 Pnp?.Ap AAA111ru Wr w7nan c. APR VICINITY 00 1 1 1 ti i i ?I . ,,,ffllllll???,,,,. CAROB ..?? sr&P0%,9 1•,M = SEAL t • S?L-'2677 ?. 40 1 !y • • IaD' off; 1j/Illlllllfllf I O ?_• ' ,S BASIN _J 19'25" W 189.56' --- ' ' z 0 K m PARCEL g ' 30,929 S.F. to w Of ti ?r SET •PIN 81I' ------ 5.80' 0 M 5.e45`t ALOW t OF SET PIN S 11.58'45" E 218.77' I SET PIN 1 1232 TO 9 INtERSECTW\ 0 ' h OF KC IM . . . . . . . . . . . . . . . . . . . . . . tT1 RS T• •.?t•71•tI•T•7.1•fTyr?'7•T•T?1 P•.K•. NN4.... N 1158'45" W.^ ..........................2 Z3 .P.K. NAIL'•'•'•'• .'.'.'.' PO YNER ROAD w R/w SR 1232 REFERENCES: DR 321, PG 179 DB 193, PG 588 DB 209, PG 329 BEARING ROTATION AS PER D.O.T. PROJECT NUMBER 5.049005T n t1NN I. WIWAM T. ROBBINS. CERTIFY THAT THIS MAP SURVEY FOR WAS DRAWN UNDER MY SUPERVISION FROM AN NORTH CAROLINA WILDLIFE ACTUAL SURVEY MADE UNDER MY MY SUPERVISION. AND MEETS THE REQUIREMENTS OF TITLE 21. RESOURCES COMMISSION NORTH CAROLINA ADMINISTRATIVE CODE. CHAPTER 56. WITNESS MY HAND AND SEAL THIS THE 29TH DAY OF FEBURARY . . 1996. r REGISTERED LAND SURVEYOR L-2677 PARCEL AT SLIGO CRAWFORD TOWNSHIP CURRITUCK COUNTY NORTH CAROLINA Date: 2J29- Scole: 1 .. Drawn: E Wil liam T Robbins vg. G??+ +1SURVEYOR ' !aR-m R IrI00a cone: A3-6- (919) 453 -2126 HC 63 BOX 10 (wal PR1-10011 PAPLAP APAMM UP 070RR