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HomeMy WebLinkAbout20001259 Ver 1_COMPLETE FILE_20000921State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director ATR?VFAI D E N R October 24, 2000 DWQ# 00-1259 Pender County John H. and Jenelle S. Goller Box 3125 Topsail Beach, NC, 28445 APPROVAL of 401 Water Quality Certification Dear Mr. and Ms. Goller You have our approval, in accordance with the attached conditions, to incorporate 0.02 acre of non-vegetated wetlands in order to construct a new pier, platform, floating dock and two boat lifts on your property in Pender County, as described in your application received 21 September 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Numbers 3274. This Certification allows you to use your CAMA Permit when it is issued by the Division of Coastal Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. 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 a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. 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 919-733-9646. Sincerely, 41, Kerr T. Stevens Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: J Steenhuis WQ Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name John & Jenelle Goller Project Number 00 1259 Recvd From DCM Received Date 9/21/00 Recvd By Region Project Type Dier ; dock County Pender County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. SEE LAMA O Y O N 18-87 10-1 SA HQW 30,624. I - F_ F_ F Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: # Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: No objections to the project No 401 needed cc: Regional Office Central Office Page Number 1 Facility Name John & Jenelle Goller County Pender Project Number 00 1259 Regional Contact: J. Steenhuis Date: 10/24/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 tate of North Carolina ?? epartment of Environment d Natural Resources I A?n Wilmington Regional Office '' w - -Division of Coastal Management , ?James B. Hunt, Jr., Governor NCDENR 'Y1 Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF J rS`r l; j ENVIRONMENT AND NATURAL RESOURCES Donna D. Moffitt, Director WATVI? W-1 September 20, 2000 n C MEMORANDUM: Q U `? TTTTTTT4 Mr. John R. Dorney, NCDENR Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27611-7687 F M: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John and Jenelle Goller Project Location: 1016 Carolina Blvd, Town of Topsail Beach, Pender County Proposed Project: To construct a new pier, platform, floating dock and two boat lifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 17, 2000. If you have any questions regarding the proposed project, please contact Jim Gregson at extension 253. 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 to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 DIVISION OF COASTAL MANAGEMENT C FIELD INVESTIGATION REPORT 0 Q 1. Z. `? 9 1. APPLICANT'S NAME: John. And Jenelle S. Goller 2. LOCATION OF PROJECT SITE: 1016 Carolina Blvd., within the Town of Topsail Beach, adjacent to Banks Channel, Pender County Photo Index - 1995: 25-306 L5 M5 1989: 173-25 H1 1984: 23-293 N22 State Plane Coordinates - X: 2412700 Y: 226600 3. INVESTIGATION TYPE: CAMA ?e C 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/05/00 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 08/01/00 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Topsail Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: EW PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - N/A (F) Type of Structures: Existing - Septic system, bulkhead, old pier pilings Planned - Private pier and boat lifts (G) Estimated Annual Rate of Erosion: N/A. Source - N/A 7. HABITAT DESCRIPTION: [AREA] T)RRTN;RT) Fir T FTl ng7=D (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 944 sq. ft. (Open Water inco orated (C) Other (Hi h round (D) Total Area Disturbed: 944 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SL?vD4ARY: The applicants propose to construct a new pier, platform, floating dock and two boat lifts. John H. and Jenelle S. Goller Page Two 9. PROJECT DESCRIPTION The project site is located at1016 Carolina Blvd, within the Town of Topsail Beach. This property is adjacent to Banks Channel (Topsail Sound) and can be found by traveling south past the Topsail Beach Town Hall, then turning right onto Hines Avenue and left onto Carolina Blvd. The site is an empty residential lot between 1018 and 1014 Carolina Blvd. The lot is flat and measures approximately 50 feet wide by approximately 189 feet deep. The only structures currently located on the property are a septic system and a bulkhead. Remnant pilings from a previous pier, which was damaged during the recent storms, remain in the water. The waters of Topsail Sound are classified "SA" by the Division of Water Quality. The area is not designated a Primary Nursery Area by the Division of Marine Fisheries and is open to the taking of shellfish. The applicants propose to construct a new pier to replace the existing damaged structure. The pier would measure 4' wide by 80' long. At the end of the pier the applicants are proposing a 10' X 20' fixed platform deck and two boat lifts. The boat lifts would be installed on the south side of the platform and would measure 11' X 10' and 13' X 10'. The pier would be positioned approximately 10' north of the old pier alignment to allow room for the lifts. Access to the lifts would be provided by a 4' X 22' finger pier between the lifts and a 6' X 16' floating dock on the waterward side of the outer most lift. The floating dock would also provide a means to temporarily moor vessels while loading and unloading passengers. The total length of the structure, measured from the existing bulkhead, would be approximately 104'. Water depths at the end of the structure would be approximately 5.4' at mean low water. The structure could provide docking space for up to three vessels. 10. ANTICIPATED EMPACTS The project as proposed will result in the incorporation of approximately 944 sq. ft. of Public Trust Area. The project, as proposed, will extend approximately 104' into a body of water that averages 1,300' across. Although the proposed pier would extend beyond the adjacent two piers, it will not extend beyond the established pier length along the same shoreline for similar use. As of August 1, 1998, under individual permits, "T"s, finger piers, platforms, and decks mut not exceed a combined total area of 4 sq. ft. per linear foot of shoreline, unless necessary for safe use or to support a water dependent use that cannot otherwise occur. The proposed platform, finger pier and floating dock will have a combined square footage of 384, which exceeds the 4 sq. ft. rule by 184 sq. ft. The applicant has a signed waiver from the adjacent riparian property owner to the north to allow encroachment into the 15' setback. Submitted by: Jim Gregson Date: September 18, 2000 Office: Wilmington Form DCM-MP-1 APPLICATION (To be oompieted by all applicants) 1. APPLICANT a. Landowner: Name 0111V !1? ??? ?c ?. ?0.?•??r? Address FICPX City /?'P??/.G ??i•?/ State Zip Day Phone Fax b. Authorized Agent: 16 Name Address City Zip Day Phone Fax State C. Project name (if any) NOTE: Permit will be issued in wonr of pmjeat marwo. 1313 Ag59 b. City, town, community 1mP c. Street address or secondary road n ber /o/lo CA?a?i?/? pG V? . d. Is proposed work within city limits or planning jurisdiction? i" Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) To '#11' SouN-b L.6enKS ehah?Gl 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. , b. Is the proposed activity mainte ce of an existing proje?t, new work, or both? -r 1 vKOVQl d-?'. 4XISi-116, PiB,e p? ingS c. Will the project be for public, private or commercial use? 'PRl ?ATE I'V- V-1 Q -1 23,Q n11114ZInR1 (1? 2. LOCATION OF PROPOSED PROJECT a. County Ep- e brief description of purpose, use, methods of on and daily operations of proposed If more space is needed, please attach Mal pages. Revised 03/49 APPLICATION SECTION 3.d --- Description of purpose, use etc Pier, platform, 2 lifts, finger pier and float, on residential lot, for recreational use and out-of-water docking of owner's boats. Construction: treated round pilings and lumber. Project extends 104' from existing bulkhead, to gain approximately 4" more water depth for the smaller (inner) lift than a 100' configuration would provide, improving reliability of sufficient water to use it at low tide. The finger pier is needed for joint access to both lifts, and serves strictly water-dependent needs. The float is designed for temporary (access) dockage only. Other description: See cover letter to J. Gregson. UT TMzv C avrJ p i:1Jl? r)!. If , hJ Form DCM-MIR-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL J, 'r ' d. Soil type(s) and texture(s) of tract SA Aa e. Ve elation on tract GEASS caarzla? eed S f. Man-made features now on tract SEP7lG s?(s?rn , .8i.9l,?KEAj m. Describe existing wastewater treatpent facilities. _ S67Pr/c E2 NK4 d hQ"n // 11 n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, `wash down" and renidenntial discharges.) o. Describe existing drinking wader supply source. C? s S. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (C nadr.she local land use plan.) following items must be submitted: '? Conservation Transitional A copy the deed with (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 f-2 APJr n ll4l Sew df rnt forward a copy of the deed or other instrument under Is the proposed project consistent with zoning?_ Yes No (Anach zoning comphanee cen ificate, Itapplia Has a professional done for the tract? If yes, by whom?. which the owner claims title, plus written permission from the owner to carry out the project. JT ?Ba te, dated work plat (including plan view and ectional drawings) drawn to scale in black bt' 1 20t1lnk 8 112" by 11" white paper. (Refer to esources Commission Rule W.0203 for a 21' 01r)A1 01letailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes V No 1. Are there wetlands on the site? Yes / No Coastal (marsh) Other If yes, has a delineation been conducted? (Anaah docu nensadon, ijava labte) archaeological Yes 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 Revi3ed 031% Form DCM-MP-I site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. 4X,4 • 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 Feier ,I 7 ce?(lener Address S'O saveRL iZ i v Phone -1u o9 ,4 pot , G a 7707 -7s 7/ -7 C7-- !J// Name i1Qh&s Bu,rhs Address N 4 D l RcS,tDi5"A/ Phone ___RA6 lGy _ c 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. All 6. CERTIFICATION AND PERMIS TO ENTER ON LAND I understand that any permit issued in response application will allow only the development descr the application. Ile project will be subject to con - and restrictions contained in the permit. I certify that to the best of my knowledge, the pr activity complies with the State of North Car approved Coastal Management Program and % conducted in a manner consistent with such prog I certify that I am authorized to grant, and do i grant permission to representatives of state and review agencies to enter on the aforementioned la connection with evaluating information related 1 permit application and follow-up monitoring project. I further certify that the information provided i application is truthful to the best of my knowledg s? aooo This is the day of }9- -? , Print Name .?.yA/ 6cz,66;e. Signature r or Arth-'Za Ag W Please indicate attachments pertaining to your pro, project. DCM MP-2 Excavation and Fill Informatioi DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM W-6 Marina Development • A statement of compliance with the N.C. Environmental ]Policy Act each attachment i cy (N.C.G.S. 113A - I to 4dwe nom of each fora 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina ?AUG 0 1 coo0 Environmental Policy Act. AIIX 400 copies of this public document were printed at a total cot of $529Eor$, U per copy. Revised) 031% 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) Comm i l C i P i _ erc a -, ommun ty _ r vate (2) Number / (3) Length A2' (4) Width 4' (5) Finger Piers _ ?L Yes No (i) Number (ii) Length 22' (iii) Width (6) Platform(s) ? Yes No (i) Number / (ii) Length ?.D' (iii) Width /O` (7) Number of slips proposed _ -12t 3 (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 6S'• b. Boath ouse (including covered lifts) /4//?' (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) 1/1/V (1) Number - (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) 411,q (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys 41 (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 shoreline f. Mooring structur oatli ooring pilings, etc.) g. Other (Give tonplere de:eriprion) (1) _ Comm -Community ?Frivate (2) Number (3) Length /3' /o' (4) Width //` /D' .?/aQ H" x /4:? " ,TcieN / Apptieant or "ect N Si?gna / Date Dlk'IGION OF ?I h CA9o1AIA acvD o ti ? v h ?n?¢rJe? Blvd Rt?1 4 vIC11111- y -?oT Tb SIC-41- ? I I 1416 ' 1 4'X 22? N I 13 ,, c ickE?! D 0 ?I I I I 4 °p N 14?lor DeY? J ` 4 ?N 7' + D 5 io .o „?o 1 j SCALE; 1016 AUG 0 1 2 p wl 16?4 p/o?=arm end /az, t r :E- 0/ M M. Gott D Ef'TdS` !r iYJE,rd,Co?,, 4 rER ???? end ?/ 1 L ? ,S /O 2b ?p 5cale: I' =:.201 JCd lV JC61L ',1Goo AUG 0 1 1000 'v"??P?R/?v?l' ?R? ?%/po Z fj ?i?? 1S -,ea r f7Qcc? P/er ?m?????here? 49r G/4ri??• - 1 ? ? I O?er?ay.e?P?C?S??? ??i?.??;"s /O/? ? a ? it??ilczr .??l?O ?i ?I I /O/6 c4/e,114,L s/yo'l o? o S io ?o !o SCALE; .1'.= 20' - DU nC 7- 17 -.2000 cl%weZ1 . 114cJor Svc/cvme?t ATTACHMENT TO EXISTING PIER/PROPOSED PIER OVERLAY The pilings for the original pier and platform still are in place, and represent more than 501/'o of the cost to rebuild it. That could be done, but to do so would not provide enough space for the addition of boat lifts. The location of the proposed pier has been moved to the north side of the riparian corridor to make the lifts feasible. Though the combined area of the proposed project's platform, finger pier, and float exceeds the current normal limit for a 50' lot, they involve less area than that of the existing; pier's 400 square foot platform. AJG 12000