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
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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