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HomeMy WebLinkAbout20031140 Ver 1_COMPLETE FILE_20030911o", oF W a rFR pG ? r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Rick Bullard 840 Plantation Drive Burlington, NC, 27215 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr. Bullard: October 6, 2003 DWQ# 03-1140 Pamlico County You have our approval, in accordance with the attached conditions, to usurp and shade 0.02 acre of non-vegetated wetlands in order to construct a boathouse and pier at Lot 27 on Shoreline Court in Oriental Plantation in Pamlico County, as described in your application received by the Division of Water Quality on September 11, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3400, which can be downloaded from our web site at htto://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use your CAMA Permit when issued by the NC 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, Non-Discharge, Water Supply Watershed and U.S. Coast Guard 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 in writing 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 and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWO when all work included in the 401 Certification has been completed; 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Tom Steffens in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. Sincerely, Alan r.Klimek, P.E.' AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWO Regional Office Central Files File Copy Doug Huggett, DCM David Simpson Const. Co., Inc., P.O. Box 590, Oriental, NC, 28571 031140 N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 :081140• A7A NC DENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. tiloffitt, Director V/dl:a- G. Ross Jr., Se,:re,ary September 9, 2003 MEMORANDUM: I VETZW/401 Cl A, _? TO: Mr. John R. Dorney SEp ( Environmental Biological Supervisor 200.E Division of Water Quality IA1FJ1Q*'I ySE?op? LI1 ?° FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Mr. & Mrs. Rick Bullard Project Location: Pamlico County: Lot # 27 on Shoreline Court in Oriental Plantation, on Smith Creek near Oriental Proposed Project: The applicant proposes to construct a 17.3' x 39' boathouse, 3' x 17.5' finger pier, and a 3' x 37' finger pier adjacent to the existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 30, 2003. If you have any questions regarding the proposed project, please contact Tracey Wheeler at (252) 808-2808. When appropriate, in-depth comments with supporting data are 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 151-B H,,,/y. 24, Hestron Plaza II, l',lorehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: w.vtiv.nccoastalmanaaement.net An Equal Opror,un ty 1 "rma:ive A:t,on - 50',, Racy:'ed 1 10% Pas: Cens,.Te• C Development Type F== DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not involve 5250 100°0 (5250) 0% (SO) the filling or excavation of any wetlands or open water areas: 11. Public or commercial development that does not involve the filling or 5400 100°,0 (5400) 0^0 (SO) excavation of any wetlands or open water areas: III. For development that involves the filling ar.C`or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. 8, C, or D below applies: III(A). For Private, non-commercial development, If General water Quality S2°0 V 100°0 (5250) 0°0 (SO) Certif=,:an No.3301 (see a!;ached) can be applied: III(8): For public or commercial deve!cpr-a^t, if General water C a;ity S:CO 100°0 (5400) 0°0 (50) CertiGca5cn No.3301 (see a"ac-ed) can be applied. III(C). If General Water Quallly Certification No. 3301 (see a"ached) could to applied, but DCM s;af` dete.'niced that additional re•:ie,v and S-00 60'. (S240) 40% (5160) wren D'NQ concurrence is needed becausa of concems related to water qualil/ :-aquatic life: III(D). If General Water Qua:;!y Cerificaton No. 3301 (see arac^ed) S400 6010 (5240) 4090 (5160) can no; be applied: IV. Fcr develooment that involves the Mi , andrer excavation of more S-!75 60°0 (5285) 40°0 (S 190) than or.e acre of wetlands and ar open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mr. and Mrs. Rick Bullard PROJECT NAME: 2. LOCATION OF PROJECT SITE: Pamlico County at Lot #27 on Shoreline Ct. in Oriental Plantation, on Smith Creek near Oriental Photo Index - 2000: 79-877 X:18 1995: 79-867 H:6 State Plane Coordinates - X: 2,685,407 Y: 478,053 Arapahoe Quadrangle Lower Right GPS File # M070914B 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -July 9, 2003 Was Applicant Present - Agent Yes 5. PROCESSING PROCEDURE: Application Received - August 27, 2003 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP -Rural with Services (Land), Conservation (Water) (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Septic tanks (F) Type of Structures: Existing - Bulkhead and Pier Planned - Boathouse and finger piers (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 789 ft2 Creek Bottom Shaded of that 506 ft2 Usurped (C) Other Uplands (D) Total Area Disturbed: 789 ft` 0.02 ac (E) Primary Nursery Area: Yes (F) Water Classification: SC HQW NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a 17.3' by 39' boathouse, a 3' by 17.5' finger pier and a 3' by 37' finger pier adjacent to the existing pier. Mr. and Mrs. Rick Bullard Pamlico County Project Setting The applicant owns three lots with a combined area of 2.07 acres adjacent to Smith Creek near Oriental in Pamlico County, North Carolina. The property is located off NCSR 1311 at Lots#25, 26, and 27 on Shoreline Ct, in the Oriental Plantation Subdivision. The site is in a developed residential neighborhood and is vegetated with a mix of pines, shrub species, poison ivy, catbrier, and scattered bay trees. Elevation of the property is 7 feet above the normal water level. The water is approximately 3.5 feet deep at the end of the pier structure. The applicant has an existing 6'x 100' pier with a 45'x 8' L-head. Adjacent to the pier is a 12'x 14' slip with a boatlift. Most of the shoreline is vegetated with coastal marsh species, and fingers of this vegetation extend inland on both sides of the property. These wetlands are dominated by Spartina cynosuroides and Juncus roemerianus with wax myrtles and cedar trees along the upland border. The 40' section of high ground that borders Smith Creek has been stabilized with a vertical wooden bulkhead. The pier leaves the property from the center of the bulkhead. The property is located in a small residential neighborhood on the south shore of Smith Creek. The properties to the east and west of the project area are developed lots with single-family residences. Both properties have private piers with slips for two vessels. The shoreline in this area is natural and contains several areas of coastal wetlands extending from the creek, landward approximately 100 to 200 feet. Uplands on the lots are vegetated with landscape plants, mixed pines, upland grasses and scattered hardwoods. At this location, Smith Creek is classified SC HQW NSW by the Environmental Management Commission. The NC Division of Marine Fisheries classifies this portion of Smith Creek as a Primary Nursery Area. The property is located in the Neuse River Basin, and is subject to the Environmental Management Commission's (EMC) Neuse River Basin Nutrient Sensitive Waters Management Strategy. The waters are closed to the harvesting of shellfish. Project Description The applicant proposes to construct a 17.3' by 39' boathouse in the location of the existing boatlift and to construct two finger piers. One finger pier would measure 3' by 17.5' and the other would be 3' by 37'. The finger piers would extend across the front and on the north side of the proposed boathouse. Half of the catwalks will be under the roof, and halfwould not. Addition of the finger piers would bring the total platform square footage to 442 square feet. The applicant owns a 30' boat, and requires the additional square footage of coverage in order to adequately store his boat. Anticipated Impacts The project as proposed would impact 789 ftz. The boathouse and finger piers would shade 789 ftz of creek bottom and would usurp an additional 506 ft2 of Public Trust Area. As proposed, the entire pier structure would provide permanent slips for one vessel. Short-term localized turbidity would result from construction. Tracey L. Wheeler - 5 September 2003 Phone 252 249-1381 FAX 252 249-2253 August 26, 2003 David Simpson Construction Co., Inc. 800 Broad Street Post Office Box 590 Oriental, North Carolina 28571 Commercial • Residential *Marine Tracey Wheeler NC DENR Hestron Plaza II, 151-B, Hwy 24 Morehead City, NC 28567 Dear Tracey, AJ.; X003 NC License 32708 8997 Enclosed is a Major Permit Application in the name of Mr. & Mrs. Rick Bullard for a boathouse roof and walkway around. The purpose is to cover and protect the 30' boat and lift and the use will be private and for normal water activities. Feel free to contact me with any questions or if additional information is needed. Sincerely, David Simpso Form DCM-MP-I APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name RICK BULLARD Address 840 PLANTATION DR. City BURLINGTON State N C Zip 27215 Day Phone 336-222-8554 Fax 336-229-9890 b. Authorized Agent: Name DAVID SIMPSON CONST. CO., INC. Address P O BOX 590 City ORIENTAL State N C Zip 28571 Day Phone 252-249-1381 Fax 252-249-2253 c. Project name (if any) NOTE: Permit wiU be issued in name of Landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County P A M L I C O b. City, town, community or landmark NEAR ORIENTAL c. Street address or secondary road number SHORELINE CT 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) SMITH 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. CONSTRUCT ION OF A BOATHOUSE ROOF WITH A 3' WALKWAY ON ONE END AND ONE SIDE. b. Is the proposed activity maintenance of an existing project, new work, or both? NEW 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. THE ROOF WILL BE TO COVER A BOATLIFT AND BOAT. THE USE WILL BE STRICTLY PRIVATE AND FOR ROUTINE BOATING USE. THE MATERIAL WILL BE TRANSPORTED OVER THE LOT TO THE WATER BUT _ _ CONSTRUCTION WILL TAKE PLACE ERO11I THE WATER Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. NONE a. Size of entire tract 2. 07 ACRE - TOTAL 3 LOTS n. 26- 22668 SQ FT b. Size of individual lot(s) 27- 47453 SQ FT c. Approximate elevation of tract above MHW or NWL 7 ' +/- d. Soil type(s) and texture(s) of tract YONGES-ALTAVISTA - FORK e. Vegetation on tract WOODED - MIXED HARDWOOD AND PINE f Man-made features now on tractD R I V E W A Y, BULKHEAD & DOCK g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community X Rural Other h. How is the tract zoned by local government? NOT ZONED i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? 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) X Other X If yes, has a delineation been conducted? Y E S (Attach documentation, if available) 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.) SURFACE RUNOFF o. Describe existing drinking water supply source. COUNTY 5. ADDITIONAL LNFORMATION 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 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 John Knauth Address P 0 BOX 4 ORIENTAL, NC 28571 Phone 252-249-3131 Name John Val ass i s Address P 0 BOX 492 ORIENTAL, NC 28571 Phone 252-249- 2244 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. 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 Z16 day ofA - .S. V 2QO3 Print Name ?J . O Signature caner or Authorize gent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development X 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. 1D-.A M18C Form DCM-M P 4 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 X Private (2) Number (3) Length (4) Width ' (5) Finger Piers X Yes No (i) Number 2 ' (ii) Length 17.51 & 37 (iii) Width 3 ' & 3 ' (6) Platform(s) Yes X No (i) Number (ii) Length (iii) Width (7) ADDITIONAL Number of slips proposed (8) Proximity of structure to adjacent riparian property lines SEE PLAN VIEW (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL - 3. 51 b. Boathouse (including covered (1) Commercial (2) Length 39 ' 17'-4" (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) wetlands (3) Maximum distance beyond wetlands Breakwater (e.g. wood, sheetpile, etc.) N /A (1) Length (2) Average distance from MHW, NWL or lifts) X Private MHW, NWL or A'U : `4 ? 20 3 e. Mooring buoys N / A (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 shore] ine f. Mooring structure (boadift, mooring pilings, etc.) N / (1) _ Commercial -.Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) N / A ?1? gI ?LL?4 ?D MF d- Mp-5 ;APpthicant Project me nature g41.11- Da C--) C7 L? ?Z c ?) GULL ? 1-0-T 27 LEST' 28 --- rNA? v , WALL i 34 4? ` s10- 08'_54 " W i r,j LINE PJ.I:Zt & E?jLY-HEAD _v 57rlN? P°GK_ F ` _vA?-asps OT Z? 6f?f Ir-l-i A ' L a I 11 V N rr-y M A F- o o ?? r l,U wG03 - -- FELT "XG" (ZAfTE?.S ?p AKM, Jol c,-r BEAM ?S- I _ O . ? WALK\AIA`/ k • MWL s ? 60TTOM Sr3--TIOt', "A SITS- L(XA'TICr! -5 NFL Irl G'f : MK ?- I"I r-:5 r+C?- BUL LAkb ... - - -olei E7?-tTA-LJtMTlrA-P 8+0 PLM MAFrOO D+,.. rI r-A P-, OR-Wt-"L ?AU P-LI?I GTE iLJ P4 G 2-7?- 15 SSS V y' y\ s s u + s \ S M I T H C R E E K \i .i FUTURE DEVELOPMENT • t? 5 SEC T 1 0 N 3-A / A 4 Mir i r j f• a? OQ O? f J .IC' n7C' SCALE DATE OCl00Er SO, 19" SHEET • of 10 Phone 252 249-1381 FAX 252 249-2253 August 26, 2003 Mr. John Knauth P. 0. Box 4 Oriental, NC 28571 Dear Mr. Knauth, David Simpson Construction Co., Inc. 800 Broad Street Post Office Box 590 Oriental, North Carolina 28571 Commercial • Residential e Marine n L-,]3 NC License 32708 8997 Enclosed is a copy of an application for a major permit for Mr. Rick Bullard. The project is fully described In the application. As a Riparian landowner, you have 30 days in which to submit comment on this project. Any comments should be sent to the Division of Coastal Management Hestron Plaza 11,151-B Hwy. 24 Morehead City, NC 28557 Sincerely, J David Simpson Phone 252 249-1381 FAX 252 249-2253 August 26, 2003 Mr. & Mrs. John Valassis P. 0. Box 492 Oriental, NC 28571 Dear Mr. & Mrs. Valassis, David Simpson Construction Co., Inc. 800 Broad Street Post Office Rox 590 Oriental, North Carolina 28571 Commercial • Residential • Marine 2003 NC License 32708 8997 Enclosed is a copy of an application for a major permit for Mr. Rick Bullard. The project is fully described in the application. As a Riparian landowner, you have 30 days in which to submit comment on this project. Any comments should be sent to the Division of Coastal Management Hestron Plaza 11,151-B Hwy. 24 Morehead City, NC 28557 Sincerely, J David Simpson MEMORANDUM TO: John Dorney Regional Contact: tom steffens Non-Discharge Branch WO Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Rick Bullard County Pamlico Project Number 03 1140 County2 Recvd From DCM Region Washington Received Date 9/11/03 Recvd By Region Project Type boathouse and piers Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME LAMA creekO v _0N r__27-129-7-( SC NSWHQ 30,410. 0.02 F-1 JOY 10 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 O N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1