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HomeMy WebLinkAbout19960591 Ver 1_COMPLETE FILE_19960705State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt,Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Mickey Southerland Dalkeith HOA 5625 Daldeith Road Wilmington, NC 28409 Dear Mr. Southerl<and: AK00"*ftUW0* ?EHNR July 18, 1996 New Hanover County DWQ Project # 960591 COE# 199603726 You have our approval to place till material in 100 square feet of wetlands or waters for the purpose of constructing a dock and till a ditch at 5625 Dalkeith Road, as you described in your application dated 18 June 1996. After reviewing your application, we have decided that this till is covered by General Water Quality Certification Number 3025. This approval is only valid for the propose 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 die 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 die Division of Water Quality under Section 401 of die Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, on Howar 0V. E. Attachment 0 , cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Doruey Central Files John Parker; DCM 960591.Itr Division of Water Quality • Environmental Sciences Branch 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 - ' To: John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON WQ SUPERVISOR: ADKINS DATE: July 10, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 960591 COUNTY: New Hanover PROJECT NAME: Dalkeith Rd. HOA/Mickey Southerland PROJECT TYPE: Subdivision PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: June 18, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: Masonboro Sound It" CLASS: SA ORW STREAM INDEX #: 18-87-25.7 FyL ???Fi *OPEN OR CLOSED: Open !emu) WL IMPACT: Yes WL TYPE: OTH WL REQUESTED: 0.002 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A ?s MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to add a fixed dock to an existing pier to serve six single family lots. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Existing Septic Tanks TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: WETLAND: 100 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A 960591.Jul Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM- John Parker ro- *1/ REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199603726 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 8, 1996 Mr. John Dorney Division of Environmental North Carolina Department Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina Management of 27611-7687 Dear Mr. Dorney: r? Enclosed is the application of Mickey Southerland, for the Dalkeith Road Homeowners Association, for Department of the Army authorization and a State Water Quality Certification to add to a dock system, incorporating approximately 5,000 square feet of open water, and fill 100 square feet of vegetated wetlands within a created ditch and extend an existing culvert 20 feet, at 5625 Dalkeith Road, off Masonboro Sound Road, about 0.7 mile north of Whiskey Creek, on Masonboro Sound, Wilmington, New Hanover 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 September 6, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copy 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 'orr 11) CM-MP-1 l G1 t? 0 0 RECF,vL,--D APPLICATI N JUN 1 9 1: a6 (To be completed by all applicants) aEGI1IATORY ARA,py b. City, town community or landmark car IM; ??ae ,.? 1. APPLICANT c. Street address or econd m number a. Landowner: (14 0 y So?? P,-/aA--)d ) ?j, r, 4c, d. Is proposed work within city limits or planning Name e e 1 r?rl I,y oc.? P s sS jurisdiction? Yes L? No Address ?? ?S ! Jrs l? e. Name of body of water nearest project (e.g. river, State /V . creek, sound, bay) l W CJ city TE= ip Fq. ? Day Phone Z 3. CRIPTION AND PLANNED USE Fax Z APR 1 8 1996 PROPOSED PROJECT b. Authorized Agent: DIVISION O t- STAI MANAGE(IEU t all development activities you propose (e.g. Name building a home, motel, marina, bulkhead, pier, and r / excav tion and/or fillingactivities. Address City &r'-3qZV101,) State ?3• Zip ' D 3 Day Phone ?6 -Z 3 S 7 b. Fax c. c. Project ame (if any) ! alk eG1 NC?cJ,yowNr'?s d. Is the proposed activity maintenance of an a isting project, new work, or both? rr a ek/s 1?S per, Will the project be for publ*?/, private or commercial use? ?JPit)a C NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County N P cJ . tj o 0 P r) r..' L1 v Revised 03/95 Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additinnal naves- Fofm DCM-MP-1 m. Describe xistingrwastewater treatment facilities. 4. LAND AND WATER l , e, 1 c CHARACTERISTICS a. - Size of entire tract _ IC ,/ n. Describe location and type of discharges to waters 6 / ? 66 of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 3 1-2& wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above NEW or NWL / a?N M 60 d. Soil type(s) and text?,?re(s) of tract o. Describe existing drinking water supply source. e. Vegetation on tract Y f. Man-made features now on tract S i o u -,< < g. What is the CAMA classification of the site? Conservation Developed Rural Land Use Plan land (Consult the local laid use plan.) Transitional ? Community Other h. How i the tract zoned by local government? f A / i. Is the proposed project consistent with the applicable zoning? _s,:?-Yes No (Attach toning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes _ No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ---No 1. A&there-v an \ l' T TA s-on )rte? Yes No I Coastal (marsh) ? I Ot?er u f yes has del' 'oiie n conducted? _'(4na h+tfoclrmintahan; iavailable) DIVISIL'1 OF COASTAL MANAGEMENT 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 tide 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 tide, 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 • 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. 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. Name C P // I certify that I am authorized to grant, and do in fact, Address L5 I Ho s o . , L o; 0 6d c/ grant permission to representatives of state and federal Phone 9/0- '? 9 / - t-136 q review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name r, t permit application and follow-up monitoring of the Address a 3 /`'la "OA-) 43 Phone - ') (- V v 'I ertify that the information provided in this Name n is truthful to the best of my knowledge. Address APR 18 1 9st Phone DIVISION OF • A list of previous state or federal p,,, it fi3 k PANACRO LsN? -?-Q day of 19G? work on the project tract. Include permit numbers, perrmittee, and issuing dates. I r gNCrr 5 Pa$gNe o?/ll/?.7 • 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. Print Name i, rta o r Signature a r or A rfzed Agent 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 EXCAVATI AND FILL MAY v',9s6 (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 Esisdog Pmjecl Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) COASTAL MANAGEMENT 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? Revised 03/95 Form DCWM ?-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 If yes, (1) Amount of In te?cial to be placed in the water /U (2) Dimensions of fill area /o 77h X -a a (3) Purpose of fill t e-:-?,-/ S e c tiN d 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material will fill material be placed in coastal wetlands _X_ Yes No f yes, Puq)-ose o'fP 1 W" M. IT"11777 57?N V -- - is v '10 11 11 DIVISION OF 19 a. How will excavated or fill materi be kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? II LJI?PeI hQ.'(?G?? arsh), SAVs or other wetlands? I ? (1) Dimensions of fill area ? x X;0 I'n V ? MAY 3 0 1996 .?ENERAI• COASTAL MANAGEMENT c. Will wetlands be cr:,ssed in transporting equipment to project site? Yes ' No If yes, explain steps that will be taken to lessen environmental impacts. -4-.- OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? LZ Yes No 1c I /,- -e ;C4-t- ?tiSa(Iil. Appftc Ln or Project Name 7'L /,. q- Signe&m ' C Date / Revised 03/95 Form DCM-MEP-4 Pn 19 _S?'RUC?U1RE5 ??? ?T? Tn) APR 18 190 (Construction within Public Trust Areas) DIVISION F COASTALMANAGO EM ENT 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 -'Private (2) Number (3) Length (4) Width _ e. Mooring buoys (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body _ (5) Distance buoy(s) to be placed beyond (5) Finger Piers L.ZYes No shoreline (i) Number 14' (ii) Length 10 f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width _3 ' (1) _ CommerciaCommunity ,Private (6) Platform(s) Yes No (2) Number 3F- - (i) Number (3) Length la, (ii) Length (4) Width ?D' 12 (iii) Width (7) Number of slips proposed g. Other (Give cvnplue descdlpdon) . (S) Proximity of structure to adjacent rip tan ncro5s - ' - (9) ° property lines .?>/Ss Width of water body 7S ' core, e c4- oW-tie_ AJc (10) Water depth at waterwa rd end of pier , at MLW or NWL 46 b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) 11C/4e4 1 1016(A)aJncJnJ erS '44910' AppH Project N S Date 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 Revised 03/95 ? e o ? a W c ^ v? W r? ^ 0 L. c 3 4 u -01 u V. J ? v ? v ? v ? v ? 3 a? o ? 2 a h 7 U ? n ?I a y v v lT-?J Z W rn LL W O C7 Z Z o O a U? ?=J U) V v o 9 a 0 G V - - Q 1 2 V O V 5 Q W + ?s G r1 A l? v? r v1 Ci d r Pie/r' rs -- eX ISlir?? /?iP ? srJAl?u/ S ??1?CfQGSe'G QUC?'r?t r???, l Irs /?9S JDDTT,l C19HV? DIVISION OF TALMANAGEMENT _I h M M ?i - e n prooe.,q 7 ?r i, SCQ/e ' / r = ;20c e 0 0 3 o ? 0 0 -Ir r, Sa, - o o 0 V ocx o 0 k a APR 18 1996 DIVISION OF COASTAL MANAGEMENT o o o 0 0 0 o ? 3 z ?9 0 0 r-0 :A ')CIF. Cl c?.nJ! 91 K £ - o L c _Q- 0 c 0 C) Y 2 Q V) ? M n MAY 2 9 1996 LU DIVISION OF COASTAL MANAGEMENT