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HomeMy WebLinkAbout19960765 Ver 1_COMPLETE FILE_19960812State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Water Quality a 001 Jamesa Hunt, Jr., Governor Jonathan B. Howes, Secretary p EH N R A. Preston Howard, Jr., P.E., Director August 29, 1996 Perquimans County DWQ Project # 960765 COE# 199604908 APPROVAL of 401 Water Quality Certification Holiday Island HOA 5400 Holiday Lane Hertford, NC 27944 Dear Sirs: You have our approval to place fill material in 0.075 acres of waters for the purpose of replacing a wooden bulkhead at Holiday Island Clubhouse facility, as you described in your application dated 5 August 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. 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, ton Ho , Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM 960765.1tr 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°x6 post consumer paper t t To: John Dorney Planning Branch 1. DIVISION OF ENVIROWM4TAr MANAGEMENT CAMA/COE PERMIT APPLICATION REVIEW WaRO PROJECT # p yq?. D C/ 1) WQ SUPERVISOR: TH REVIEWER: SAWYER DATE: OC/IQ WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING ` PERMIT YR: 9 PERMI N0.• COUNTY: PROJECT NAME: PROJECT TYPE: •?? TYPE: 'COB COE RCD FROM CDA: DATE FROM CDA: X REG OFFICE: WaROj?,AND?j UB BASIN STREAM ORADJACENT WATER BODY: td r. a-r?cY CLASS: S'J STREAM INDEX 30 OPEN OR OS WL IMPACT: WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE. ING SHEET ATTACHED? RECOMMENDATION: • 09ISSUE/COND DENY HOLD STORMWATER PLAN RE 'D: Q IF YES, DATE APPROVED: POJECT DESCRIPTION: WATER UAIJTY CERT. (401) CERT. REQ'D: IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL EXI TIN ROPOSED, SEPTIC TANK ETC.) TO BE PERMITT? HS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: 32-44 D WETLAND: ? IS FILL ELIMINATING A SIGNIFICANT S ? /1l DREDGING AREA TO BE DREDGED: IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? IY71- SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; CUE Washington Office r r DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM To: Bill Moore, Environmental Engineer 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 NUMBER: e) - U DATE RECEIVED: DATE FINAL COMMENT: : /-3 /57 NOTE: See attached description of project COMMENTS: DEHNR Fax : 9199753716 Aug 7 '96 13:59 To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT LAMA/COI PERMIT ,APPLICATION RZVIRW WaRO PROJECT f WQ S13'PERVISORs TH REVIEWER: SAWYER ` DATE: ?W'? ^ 61 WATER QUALI'TY' CUT. (401) P. 02/05 W?'LAbID INFORMATION FOR CMfXRAL OFFICE TRACXTRG l PERMIT YR 1 9 PM MQ 7?? COUNTY: ? ?' c??"t- •.- .?,,_.? PROJECT NAME. I.- ' ?f PROJECT TYPE:??? •P? TYPE COE ,f: : . _: COE RCD FROM CDA: (y DATE FROM CDAa 1811 .- RW OFFICE: W&RO 1?L??SUB BASIN # STRUM 0 ADJACENT WATER BODY: d?G? . ` ?-a+? WL sTREAM Dmmr .3a CLASS! R'S-7- OPEN OR IMPACTS ? AWL TYPE: WL RMUZSTFD: WL ACR PSTs RXDRO C'NECT?: WL SCORE: HITICATTON: MITICATION TYPES MITIGATION SIZE- YNG SHEET ATTACREU? REr1WMVXnATIONs Zi ISSUE1rr%M DENY HOLD 5TORMWATER PLAN RE.? Q'D: IF YES, DATE APP30VED: P, OJECT DESCRIPTION: CERT. REQ ID: ?f IF YES, TYPE: -? .r? SEWAGE DISPOSAL TYPE OF DISPOSAL.- SEPTIC TANK FTC. ) TO BE PEp.MI'T'T' US, COUNTY) IF BY DEM. IS SITE AVAILAILE AND PERMIT ISSUANCE PRCEABLE: WATER/WETI.M VILL AREA OF FILLS WATER: WETLAND; IS FILL ELIMINATING A SIGNIFICANT W? ]DREDGING AREA TO BE DREDGED: 15 DREDGING ACTIVITY EXPECTED TO CAUSE A STGNTFICAN'T LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSkI)? MARINA ?, ARE THE FOLLOWING ADEQUATELY ADDRESSED? e7-Z(?!- SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Camtral Files; DQ4 Field Offices; 07z Washington Office ^4 .* DEHNR M MORANDUM Fax:9199753716 Aug 7 '96 14:00 P.03/05 DIVISION OF ENVIRONMENTAL MANAGEMENT To: Bill Moore, Environmental Engineer Water Quality Section, WaRO From: Deborah Sawyer, Environmental Technician Water Quality Saotion, WaRO Date: Subject: Regaest for Stormwater Review of Section 401 Appliodtions PROJECT NAME: PROJECT NUMBER: DATE RECEIVED: DATE FINAL COMMENT: ? M NOTE: See attached description of project COMMENTS: I ft DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT ? (65 1. APPLICANT'S NAME: Holiday Island Property Owners Association 2. LOCATION OF PROJECT SITE: Perquimans County, Albemarle Sound-Harvey Neck Photo Index - 1995:157-1616, M-23 1989: 116-4, R-10 State Plane Coordinates - X:2733800 Y: 858600 3. INVESTIGATION TYPE: CAMA/D&F RECEIVED 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/17/96;7/15/96 AUG 1-21996 Was Applicant Present - Yes;No ENVIRONMENTAL SCIENCES 'o ,,.u 5. PROCESSING PROCEDURE: Application Received - Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land-Use Plan Update, 1993 Land Classification From LUP - Conservation (B) AEC(s) Involved: EW/PTW (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing - package plant Planned - none (F) Type of Structures: Existing - POA Pool and Clubhouse, bulkhead and pier Planned - new bulkhead (G) Estimated Annual Rate of Erosion: 6 - 7 ft. per year where bulkhead has failed Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED GRADING (A) Vegetated Wetlands (B) Public Trust Waters 3240 sf. (0.075A) Estuarine Waters (C) Esturine Shoreline/ 12,000 sf. (0.276A) Upland (D) Total Area Disturbed: 0.351 A. (E) Primary Nursery Area: No (F) Water Classification: SB Open: NA 8. PROJECT SUMMARY: Replacement of 612 ft. of wooden bulkhead along the Albemarle Sound near the Holiday Island Clubhouse facility. f HOLIDAY ISLAND PROPERTY OWNERS ASSOCIATION BIO REPORT Page Two Proposed Work The applicant, Holiday Island property Owners Association, proposes to construct 612 ft. of wooden bulkhead along Estuarine Shoreline of the Albemarle Sound. The applicant proposes a new bulkhead average alignment of 4 ft. waterward of the existing bulkhead. A length of the existing bulkhead structure of about 50 ft. has completely failed. The proposed maximum alignment at this area is about 20 ft. Recent hurricane damage to this shoreline since this applications preparation may have increased this distance. The applicants propose to replace the entire bulkhead alignment and then backfill and grade 600 ft. by 20 ft. area of the adjacent Estuarine Shoreline. Site Description The applicant proposes to replace over six hundred feet of wooden bulkhead at its clubhouse facility at Holiday Island in Perquimans County, east of Yeopim Creek along the Albemarle Sound. The Holiday Island POA facility includes several hundred feet of Estuarine Shoreline. A clubhouse, pool, asphalt parking lot and tennis court are located greater than 75 ft from the NWL and are outside the Estuarine Shoreline AEC. The shoreline adjacent to the existing bulkhead is an elevation of about six ft. above the NWL and is vegetated in lawn grasses. The waters of the Albemarle Sound are classified by the Division of Marine Fisheries as Joint Waters. These waters are classified by the Division of Coastal Management as both Public Trust and Estuarine Waters and are part of the Estuarine System of Environmental Concern. Anticipated Impacts The proposed work will not impact any vegetated wetlands but will impact 3,240 sf. of Public Trust Waters. Bulkhead construction will result in a temporary increase in turbidity of adjacent waters. The current bulkhead wall is allowing significant erosion to occur each day. So that turbidity and erosion can be reduced, the bulkhead should be replaced or repaired as soon as possible. CAMA Review A review of the County LUP as it pertains to this project will be forwarded at a later date. 1 Submitted by Dennis W. Hawthorn, July 31, 1996 it lo Form DCM-MP-1 APPLICATION RECEIVEn JUL 1 1996 (To be completed by all applicants) 1. APPLICANT a. Landowner: Name A-6'41rk- n? o. Address City - rr-f State Ci Day Phone '17 -- 3 7 Zip Fax 1 X91 b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE: Permit will be issued in name of kvwlawner(s), tad/or project name. 2. LOCATION OF PROPOSED PROJECT a. County l 5 b. Ci town, commune or land ark s/?N ' c. Street address or secondary ro Qumber _- oil cl O F 57?;rq XZ-- d. Is proposed work in city limits or planning . jurisdiction? Yes No e. Name of body of wat nearest project (e.g. river, creek, sound, bay) m???? ?yr1 d 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. v ??f O? c?yn? b. Is the proposed activity maintenance of an existing project, new work, or both? c. Will the project be for public, private or commercial use? r r Vel rze d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more s ace is needed, please attach additional pages. C012 re' Revised 0j&5 Form DCM-MP-1 ?UL 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) 70 X14 (2 /- c. • Approximate elevation of tract above MHW or. NWL ?? ??cb f d. Soil type(s) and texture(s) of act e. Vegetation on tract 0 t_0(5;0r f. Man-made features now on tract ?l 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 locaj government? i. Is the proposed ject consistent with the applicable zoning? es No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assess?uent been done for the tract? Yes ./ No If yes, by whoml k. Is the project located in a National Registered Historic District or does it involve a National Register listed or a igible property? Yes No Are there wetlands on the site? Yes / No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe exi ti ig wastewa r treatme t facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residents disch ges.) J o. Describe x'sting drinking water supply sour e. abfI4 e-M-. > > 1r 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 I1" 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. • 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 (^1 A Y7 P ' Address Phone 4aC' q Name ?Vl ((1 Gt1:? / der GV 1e -`''`C'hi%%? Address. 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. G PA 540'73 a P4 S<7231 G PA l a -5q. G PP I aq 6.7 //19 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. 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 Print Name Signature Landowner or Authorized Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DC?3 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 FILL AND (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. 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 Eidcting Project Length 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 CID b. Type of material to be excavated C:?) 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 C7) 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 Nt-N P-2 Joes the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? -yes -No Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION T e f shoreline stabilization Bulkhead Riprap b. Length _ 62 1_ rT Average distance waterward of MHW or NWL 4 1=T d. Maximum distance waterward of MHW or NWL zo Fr If yes, (1) Amount of material to be placed in the water bliU (2) Dimensions of fill area 6x3o '>e Te (3) Purpose of fill es- 6c'ffll kL(1- t 1-A"44 Gl_,j6 lJoi)S7 FA-CLt_tz/ b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes C 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? E1-c51 Uxi 60KIT O - 3-KQLZJ2TS - 511x-[ F-?.•,.t ciz A-• o e. Shoreline erosion during preceding 12 months 10 FT (Source of infonWiOn) f. Type of bulkhead or riprap material w000 g. Amount of fill in cubic yards to be placed below water level (1) Riprap - (2) Bulkhead backfill h. Type of fill material 52?? i. Source of fill material LV4 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? _ CX Yes No kle - 5rS01-J (T- b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ??? -[AIL-C $A-KrtUCi , TRVC.KS , a2 c. Will wetlands be cr3ssed in transporting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. App man?or j Name ? J Signature Date Revised 03195 10 //4 11 ?? 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REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199604908 August 7, 1996 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: Please reference the application of the Holiday Island Property Owners Association for Department of the Army (DA) authorization and a State Water Quality Certification to replace an existing bulkhead waterward of the original alignment, on property owned by the Holiday Island Property Owners Association, located off State Road 1347, adjacent the Albemarle Sound, near Harveys Neck, Perquimans 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 October 4, 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, ' 12 . u4I4 Raleigh and, P.W.S. Regulatory Project Manager Enclosure 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890