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HomeMy WebLinkAbout20061568 Ver 1_COMPLETE FILE_20060927 Permit Class Permit Number NEW 182-06 STATE OF NQRTH CAROLINA Department of Environment and Natural Resources 1 and Coastal Resources Commission a (.? ?f irc'41 D ,9L 2 Ajermirt NOV 8 2006 for DENR • WATER QUALITY X Major Development in an Area of Environmental CoernNpJTeAWATERBRIIt,ICFi pursuant to NCGS 113A-118 '7Q_lLl ??V X Excavation and/or filling pursuant to NCGS 113-229 Issued to Live Oak Development, Inc., c/o Lee Biggar, PO Box 2727, Surf City, NC 28445 Authorizing development in Onslow County at adjacent to Fullards Creek , off SR 1519, Sneads Ferry , as requested in the permittee's application dated 5/10106 (MP-I & MP-4) and 5/26/06 (MP-2 & MP-3), inc. att drawings (5), 1 of 3 dated "rev 5/10/06", 2 - 3 of 3 dated 4/25/06, 1 dated 6/20/06, & I dated 9/1/06. This permit, issued on November 3, 2006 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Archaeological Assessment 1) Prior to initiation of any additional ground diStUrbing activities within the project area, the permittee shall arrange fora comprehensive archaeological Survey of the entire project area of approximately 9.7 acres. The purpose of this work will be to identify and evaluate any archaeological sites which may be eligible for listing on the National. Register of Historic Places (NRHP); to determine whether such sites may be adversely affected by the project activities; and, if so, to develop and implement an appropriate mitigation plan. All activities associated with the archaeological investigations shall be coordinated with the Office of State Archaeology (OSA). Initial consultation with the OSA by the archaeological consultant should be undertaken prior to the commencement of any archaeological fieldwork. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ?!Z? ?nL Char s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2009 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Live Oak Development, Inc., c/o Lee Biggar Permit # 182-06 Page 2 of 4 ADDITIONAL CONDITIONS Upland Development 2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the property located off SR 1519 and adjacent to Fullards Creek in Sneads Ferry, including all roads, utilities, and infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. Community Docking and Boat Ramp Facility 3)--Unless-speeificatly altered herein, this permit- authorizes the 6 ft. x 77 ft. commrmity pier terminating in a 10 ft. x 17 ft. "L-head", the 12 ft. x 36 ft. boat ramp, the 5 ft. x 95 ft. boardwalk, and the 1 1 mooring pilings, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this c docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) The docking facility and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing it line parallel to the channel, or deep water, then drawing a line perpendicular to the channel line or deep water line that intersects with the shore at the point.where the upland property line meets the water's edge. 6) In order to ensure compliance with Condition No. 5 of this permit, an as-built survey showing the dimensions of the docking facility and all associated structures including mooring, piling, established pier head line, and the distance to the neichboring riparian corridors shall be performed on the docking facility, and copies of the survey shall be provided to the Division of Coastal Management within 60 days of completion of construction. NOTE: Failure to provide the survey required in Condition No. 6 may result in a violation of this permit. 7) All portions of the access pier located over Coastal Wetlands shall na exceed a width of 6 ft. and shall be slatted, and elevated a minimum of 3 feet above the wetland substrate as measured fi•om the bottom of the decking. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Live Oak Development, Inc., c/o Lee Biggar Permit # 182-06 Page 3 of 4 ADDITIONAL CONDITIONS 9) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 12) This permit authorizes a maximum of 9 boat slips. At no time shall more than 9 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add two or more additional boat slips to the authorized 9-slip facility shall require that the docking facility be classified as a marina, and shall therefore require a review under the N.C. Environmental Policy Act (NCEPA). Boat Ramp 13) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Sedimentation and Erosion Control 14) The N.C. Division of Land Quality approved this project under Permit No. Onslo-2005-256-Express Option on 3/4/05. Any violation of the permit approved by the DLQ shall be considered a violation of this CAMA permit. 15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) Stormwater Management NOTE: A revision to the existing Stormwater permit (SW8050305 issued on 4/28/06) may be required. Contact the Division of Water Quality directly at 910-796-7215 to request this modification. Live Oak Development, Inc., c/o Lee Biggar . Permit # 182-06 Page 4 of 4 ADDITIONAL CONDITIONS General 16) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. T7) The authorized project is located within a primary nursery area (PNA).-Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 18) No vegetated wetlands or open water areas outside the areas indicated on the attached workplan drawings shall be excavated or filled, even temporarily. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 061568), which was issued on 10/30/06. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 and NW 18 (COE Action Id. No. 200401236) which was issued on 10/25/06. W A T ?qpG > i ?? ?i -c o Niii? 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 DWQ Project # 061568 Onslow County October 30, 2006 Mr. Lee Biggar Live Oak Development, Inc. PO Box 2727 Surf City, NC 28445 Subject: General 401 Water Quality Certification #3493 and #3402 Live Oak Cove Community Docks and Boat Ramp Dear Mr. Biggar: The Wilmington Regional Office received your application for a CAMA Major Permit from the Division of Coastal Management on September 26, 2006 to construct a community pier, 9 boat slips, a boat ramp, and a boardwalk. Construction of the new docking and boat ramp facility will result in the filling of 90 square feet of Coastal Wetlands and approximately 180 square feet of Open Water. You are authorized to proceed with your project as proposed under General Water Quality Certification (WQC) # 3494 and #3402 (enclosed). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all of the conditions of these General Water Quality Certifications. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any additional impacts to wetlands or water quality not described in your application, you must contact this office immediately. If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215. Sincerely, Noelle Lutheran Environmental Specialist III cc: Robert Stroud, Jr. Dave Timpy, USACE Wilmington Jon Giles, DCM Wilmington Doug Huggett, DCM Morehead City Ian McMillan, DWQ 401 Oversight Unit Central Files Noelle Lutheran, DWQ WiRO was,-w??; 1,71 ?;t a +s 16 ?iti1='tlr. - North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: www.ncwaterquali!y.org NorthCaro/li/f An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper ?atCarona lvl WQC #3494 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 3 (MAINTENANCE), 4 (FISH AND WILDLIFE HARVESTING DEVICES AND ACTIVITIES), 5 (SCIENTIFIC MEASUREMENT DEVICES), 6 (SURVEY ACTIVITIES), 7 (OUTFALL STRUCTURES), 19 (25 CUBIC YARDS OF FILL), 20 (OIL SPILL CLEANUP), 22 (REMOVAL OF VESSELS), 25 (STRUCTURAL DISCHARGE), 30( MOIST SOIL MANAGEMENT FOR WILDLIFE), 32 (COMPLETED ENFORCEMENT ACTIONS), 36 (BOAT RAMPS [IN NONWETLAND SITESI), REGIONAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES) AND REGIONAL PERMIT 197800125 (BOAT RAMPS) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material to waters and wetland areas which are waters of the United States as described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3376 issued on March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of Water Quality. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: These activities do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this,General Certification. If any condition in this Certification cannot be met, application to and written concurrence from DWQ are required. Also, Condition No. 8 is applicable to all streams in basins with riparian area protection rules; 2. If the activity is associated with or in response to a Notice of Violation or an enforcement action initiated by DWQ or the Division of Land Resources, this General Certification requires application to and prior written concurrence from the Division of Water Quality; 3. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 4. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources has released the project; 5. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; WQC #3494 6. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 7. Access roads constructed for any of these permits shall be constructed so as to minimize wetland fill as much as is practicable and shall be restored to grade immediately after the project is completed. The site shall be re-vegetated with native species which shall be in place within three months following construction or before initiation of the next growing season; 8. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 9. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200.. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 10. Placement of culverts and other structures in waters, streams and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and. placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. If more than 150 linear feet of additional stream is filled, culverted, rip-rapped, relocated, excavated or dredged as a result of this permit, then an application to DWQ is needed and compensatory mitigation may be required; 11. Additional site-specific conditions may be added to projects for which written concurrence is required or requested under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of these corresponding Nationwide and Regional General Permits, whichever is sooner; WQC #3494 14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, and waters. 15. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 16. Standard Erosion and Sediment Control Practices: Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 17. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 18. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or WQC #3494 federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 31 December 2004 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3494 WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES). 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 213 .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B.0213 (WS-II), 213.0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B.0104(m) and 2H .1000 to.1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 & 7-;A 2 0 0 NCDENR a North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 26, 2006 MEMORANDUM: P2, rr,-, I rqrl 0 wr".2, B SEP 2 7 2006 DENR - WATER QUALITY WETLANDS AND STORUWATER BRANCH TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Live Oak Developers, Inc., c/o Lee Biggars Project Location: off NCSR 1519, adjacent to Fullards Creek, Sneads Ferry, Onslow Co. Proposed Project: development of an 18-lot S/D, with 9-slip dock, and boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 18, 2006. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 796-7221, 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 Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1108; Post Consumer Paper w DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Live Oak Developers, Inc. / Lee Big gars 2. LOCATION OF PROJECT SITE: The project site is located at the end of Anchor Ln., adjacent to Dullards Creek in Sneads Ferry, Onslow County. Plioto Index - 2000: 29-398: N,0(19) 1995: 29-385: L,M(15) 1989: 4 168 9: W(9) State Plane Coordinates - X: 2484593 Y: 290570 GPS File: Q080917A Lat: 34'32'153 1250" N Lou,(,,: 77°23'27.10719" W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/09/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - Complete on 06/22/06 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Onslow County Classification From LUP - Limited transitional / Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - Septic (F) Type of Structures: Existing -N/A Planned - 18-lot subdivision, 9-slip docking facility and boat ramp (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FIi.I.F,D C)THFR (A) Vegetated Wetlands - Coastal Wetlands 90 ft.2 (B) Non-Vegetated Wetlands - open water 90 ft.2 168 ft.2 632 ft.2 (incor x)rated) (C) Other (Highground) 102,267 ft.2 (disturbance) (D) Total Area Disturbed: 103,547 ft.' (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing install a 6' x 77' conununity pier with a I W x 17' L-Head, 9 boat slips, a 12' x 36' boat ramp and a 5' x 95' boardwalk to serve an 18-10t subdivision Known as Live Oak Cove. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper, Live Oalc Developers, Inc. Page Two 9. PROJECT DESCRIPTION: The project site is located at the end of Anchor Lane adjacent to Fullards Creek, in Sneads Ferry, Onslow County. To get to the site from Wilmington take US Hwy 17 N to Old Folkstone Rd. (NCSR 1519). Turn right onto Clay Hill Rd. Then take your first right onto Bill Canady Rd. (in the sharp curve before Escoba Bay). Travel approximately 0.5 miles to Billings Creek Rd (this is a dirt road on right just past "S" curve in road). Take a right onto Billings Creels Rd. and take the first left onto Anchor Lane Travel to the cul-de-sac and the project area is located on the water ward side of the brick house. The property is approximately 9.7 acres as stated on the application. The property is boarded by Fullards Creek to the south, Billings Creek Rd. to the north and, residential properties on the east and west. The roadway and utility installation for the subdivision is currently underway and there is one existing single-family dwelling located at the end of Anchor Ln. The current elevation of the property is approximately 8' above mean sea level (MSL) and slopes gradually to FL11 lards Creels. The high ground portion of this property consists of Live Oak (Quercus virginiana), Yaupon (flex votnitoria), Wax Myrtle (11yrica cerifera) and various evergreens. There are coastal wetlands located on the site consisting primarily of Black Needlerush (Jitncus roetnarictnus), Salt Meadow Giass (Spartina patens), and Salt Marsh Cord,,rass (Spartina alterniflora). The coastal wetlands vary in width from 5' to 10'. The normal high water (NHW) line is located along the waterward edge of the coastal wetlands. The Onslow County Land Use Plan classifies the upland areas of this project as Limited transitional / Conservation. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has designated this area of Fullards Creel: as a Primarv Nurserv Area. and the waters adjacent to the proposed project are closed to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to develop an 18-10t subdivision including the installation Of a Co111n1L11111 ' dock and boat ramp. The proposed pier would measure 6' x 77' and would have an 11' x 17' L-head. There WOUld also be 11 mooring pilings that would allow for the docking of 9 boats. The slips would be designed to create perpendicular boat slips. The water depth at the end of the dock would be approximately -32' @ NLW. The applicant is also proposing to install a 12' x 36' boat ramp. The ramp would extend approximately 20' waterward of NHW and 16' landward of NHW. There is an approximately 6' wide fringe of salt marsh cordgrass that transitions to an approximately 5' wide band of high marsh. The salt marsh cordgrass fringe is sparsely vegetated due to shading from an adjacent oak tree. The water depth at the end of the boat ramp kvould be approximately-2.6' @ NLW. In addition, the applicant proposes to install a 5' x 94' boardwalk along the shoreline located landward of the upper limits of the coastal wetlands. The applicant has already received state approval from NC DWQ Permit No. SW8 050305 and NC DLQ Permit No. Onslo-2005-256 for the subdivision of this parcel into an 18-lot subdivision with all associated utilities and roadways. The lots would range in size from 0.34 acres to 0.68 acres at a proposed density of 1.9 units per acre. All of the subdivision land disturbance would be located outside the 75' Estuarine Shoreline AEC. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Live Oak Developers, Inc. Page Three 10. ANTICIPATED IMPACTS The proposed project would disturb approximately 102,267 sq. ft. of high ground area. The proposed community dock would incorporate approximately 632 sq. ft. of Estuarine Waters and Public Trust Area. The proposed boat ramp would disturb approximately 180 ft.' of shallow bottom and would result in the removal of approximately 90 sq. ft. of Spatina alterniflora marsh. The proposed boardwalk would disturb approximately 470 sq. ft. of high ground. Submitted by: J. W. Giles Date: September 26, 2006 Office: Wilminaton 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Project Narrative Live Oak Cove Subdivision Community Dock Facility May 10, 2006 The proposed project is located on the north side of Fullards Creek in Onslow County, North Carolina. The project site can be reached by using Old Folkstone Road (SR 1519) to Clay Hill Road (SR 1518) to Bill Canady Road (SR 1520). Take a right turn at the first road off Bill Canady Road onto Billings Creek Road. The entrance to the project site is the first road to the left now known as Anchor Lane. Follow Anchor Lane to the end taking the left fork near the end. At the end of the access road there is an existing house. The tract of land is approximately 9.5 acres in size. It has been subdivided into 18 building lots with a central access road serving all the lots. The lots range in size from 0.34 acres (14,814 s. f.) to 0.68 acres (29,620 s. f.). At present there is no highground development proposed within the Estuarine Shoreline Area of Environmental Concern (AEC). The project has been issued both Stormwater and Sedimentation/Erosion Control approval by NC DWQ and NC DLQ. NC DWQ issued Stormwater Permit No. SWS 050305. NC DLQ issued Onslo-2005-256 - EXPRESS OPTION. The shoreline of the property is approximately 115' in length. A 5' wide common property corridor has been set aside along the shoreline of the property. At the southwest corner of the property there is very sparse stand of Spartina a/ternitlora marsh. There are scattered stems of this species within this location. Moving east along the shoreline there an area devoid of any vegetation located in the shade of a substantial live oak tree. To the east of the unvegetated area both S, a. and Juncus romerianus form the wetland border of the property. At the extreme eastern point on the shoreline there is a drainage way that extends along the eastern side of the tract. The waters of Fullards Creek are classified as SA and are xxxx. Water depths in the project area range from -2.6' NLW to -3.2 NLW. The waterbody is approximately 600' wide in the project area. There are existing piers located to either side of the project area. The applicants propose to construct a pier and a boat ramp in order to provide access to the waters of Fullards Creek for property owners in the subdivision. The pier will extend out approximately 77' and will terminate in a 10'x 17' platform. A total of 11 mooring pilings will be installed. There will be 5 along the east side of the pier and 6 on the west side. The pilings will be aligned approximately 24' off the pier. This will allow for the docking of nine (9) boats. The boat ramp is proposed at the southwest comer location. The proposed structure will be approximately 12' wide and have a total length of 36'. Approximately 20' of this length will extend beyond the MHW contour. Cci'?1EJ 17 4 1" VAY 12 2100 Form DCM-MP 1 2 0 0 S 1 5 6 S APPLICATION* 1"waV91 (To be completed by all applicants) SEP 2 7 2006 UENR - WATER QUALITY b. City, town, community or IUD STORMWATER BRANCH sa?„A-mss FERay C? H?n?N,ry 1. APPLICANT c. Street address or secondary road number a. Landowner: _ 0r* lye !S19 • sac AO.Wcu'?'t Ve t?E,? 3 ? ? BAR Name L1t/? OAK Diet) ML1 I NG d. Is proposed work within city limits or planning jurisdiction. Yes _ X No Address PO SnX Z'77_7 City S State #,J G Zip 29445 Day Phone q (O 3 2$ -S Z.ZZ Fax q10 329- SD©6 b. AuthorizeLAg??ONMCNTh, f?i Cd Ill sd L T7A1v Name G 2oy6gn T SM6L- D Tr Address q,815- 0-A2d U A A- 6&CU City WILM I Aid, Q State N L Zip Z $ 412- Day Phone 910 T94 - 4S'56- Fax Quo 149 - 945 3 r c. Project name (if any) L- 1 U t* OA I< Co V E Co AA "d nl , liq p a c k s NOM PermU,Vitt be itmed in ram w of toaowner(r), arWar project name. 2. LOCATION OF PROPOSED PROJECT a. County t? 05 t" M W Revised GM e. Name of body of water nearest project (e.g. river, creek, sound, bay) FU Lt. Q a-n s C2 F_LM-k 3. DESCREMON 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. coot shr'X_- k 9 s i I g « l,t? rrt tx,c a u boa-t b. Is the proposed activity maintenance of an existing project, new work, or both? A e c. Will the project be fo public, private or commercial use? ?r%g0LM - 5"V 6'Ud%9'7 ace d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is'needed, pplease attach additional pages. A q rS (1 a ctot,( LL-i -tom Rrov«f.D 0,441 rAMZ-I 2"CLE C. v CL) VAY 1 ? %006 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER a>e1A 0m a 2=4k .c-. }c k.- CHARACTERISTICS a. Size of entire tract IA y (m 01 s 7 4 eyes n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. _ Size of individual lot(s) 'rr01%4 0 ,3y acYS 6 0. fog &-K wastewater, industrial/commercial effluent, "wash let- down" and residential discharges.) Y1 c. Approximati elevation of tract above MHW or NWL 1?- 0 a i k M 5,1 d. Soil type(s) and texture(s) of tract o. Describe isting drinking water supply source. " e. Vegetation on tract WL%ned 12 LuA -- 1f?ayd?eg? 5 - lawt^ •aYa c S f. s now o Man-made. f MA n tract 2K, gv 0100s? 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form the classification of the site? (can uk ae tocd k„ d we>zwL) following items must be su bmitted ? Conservation _ Transitional(t lw?rTj?b)• Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is theXct z ed,by local government? claiming to be the owner of said property, then K -- 1VV?? forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? A Yes No C4Mch zaiag e?nQfiance orni, fcWe, tf qV aobk) • An accurate, dated work plat ('mcluding plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been info on an 8 1/2' by I V white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 71.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes 7, No 1. Are there wetlands on the site? -I-fYes No Coastal (marsh) -_ Other ;- If yes, has a delineation been conducted? NO Onaab doamrnad-, ija-aabk) Pkase 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 RECEIVED DCM WILMING ; ON. NC Revised 03195 "fAl?y 1 ? 2006 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 -uch 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. 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. Name m s . e I certify that I am authorized to grant, and do in fact, Address viol Sc.?t't? SMau, r ,Mt grant permission to representatives of state and federal Phone *It o 3 2t$ - 03 &A review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name M r permit application and follow-up monitoring of the Address Z L I c l rv It proj-, Phone t 3 2-7 :1 is 7 I 2? Name Address Phone I further certify that the information provided in this application is truthful to the best of my knowledge. • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. DVA gW q 050 3 OS 91., A - 0 NS i-o - A ooS -2SG - Fx f aGss This is the t? day of M2:? +9-Z f° c .Rob str? Jr'Y Print Name e,rfi 1 / Signature Lmido*wr or Ardr razed Agent • 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 Ad (N.C.G.S. 113A - I to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 atrachrnent in the space Provided at the bottom of each form. R E C E 1 V E D ?C^J? '?;ViLwi1NG70ii\l, 1C r Revised 0319S Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. 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 LCommunity _ Private (2) Number t (3) Length (4) Width (5) Finger Piers Yes _74, No (i) Number (ii) Length (iii) Width (6) Platform(s) _ Yes No (i) Number l (ii) Length 17, (iii) Width to (7) _ Number of slips proposers 9 (8) Proximity of structure to adjacent riparian property lines 7 15 1 (9) Width of water body a q 1P. to QO (10) Water depth at waterward end of pier at MLW or NWL ' 3 S dot L u? b. Boathouse (including covered lifts) hI2. (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) V+ fik (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) VIA (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys V111? (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 structure (boatlift, mooring pilings, etc.) (1) _ Commercial -&Community _ Private (2) Number l1 (3) Length (4) Width Oft t2- 'r& vk ES g. Other (Give con piers desertion) 8oaxdWOA?- 5 1 X9(0 Q\ 10-y- Cb ww'-C" aV ec." 1--1 \/E OAK COVE D?A1'At1N ttt1?4C Applicant or Project Name ' Signature IMw., Date -- r - Revised 03/95 Form DCM-MP 2 EXCAVATION AND FILL (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 Float Exfs ft PrglW Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline st Wizelion) tAngm W1Gm uepm 36' 112. ` ;_,' 1. EXCAVATION `n1:, a. Amount of material to be excavated from below MHW or NWL in cubic yards V? /?- 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 '^ 16- 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 DCM-MP 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 material to be placed in the water a IPyo- ra , S C-l es _ (2) Dimensions of fill area 12 "x' 2 o Sc (3) Purpose of fill QPa,-& - ?r&%4&le 3. SHORELINE STABILIZATION h (a- 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 inforywdon) b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? re- Yes No If yes, (1) Dimensions of fill area t 2 ?x s (2) Purpose of fill t;t? ra jg:Je 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? 2Z r2d rn-? :Get w? S 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 b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?b (.w e c. Will wetlands be crassed in transporting equipment to project site? Yes x 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? -i ?--- '• : . Yes No ceswcAixMI;,it?' C ., MA".( 2 9 (20H Appfimt or Pro ect Name m? /), to EGG Date Revised 03/45 Form DCM-MP 3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. a. Type and number of buildings, facilities, units or structures proposed Co tnnw? e., va'd l l?-vvn- -VVQ r cew.y. Q? ^ urOYS?e b. Number of lots or parcels 19 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? A Yes No If yes, date submitted SW & D so acs I%IV44 i.. Describe proposed method of sewage disposal. t?&w tQ?.al wi2ltS °^d 5???shc 1't},?ks c. Density (give the number of residential units and the units per acre) t , 4 Uvtt4SZCur-rz- d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 102 , 2(67 2 1 If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? x_ Yes No If yes, date submitted Qn 3(o - Z fnLr- ZRo FY,0yr f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. j. Have the facilities described in Item i. above received state or local approval? Aic. (Atwch appropriate do-tadon) k. Describe location and type of proposed discharges to waters of the state (for example, , surface runoff, sanitary wastewater, industrial/commercial effluent, "wash own" and residential discharges). k 2 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) m. Will water be impounded? Yes >- No If yes, how many acres? \A. 4E n. If the project is a oceanfront development when was the lot(s) platted and recorded? to 3- L we QM)_ Que Gj). CovAmo tJtTz1 ?bc1trtT g. Give the percentage of the tract within 75 feet of AppHmnt or Pcojea Name MHW or NWL, or within 575 feet in the case of an sss__/ v Outstanding Resource Water, to be covered by S?nacure ` impervious and/or built-upon surfaces, such as pp pavement, b ' s, rooftops, or to be used for 2 vehicul driveways r parking. l3 % } ^';?j?,,i `•;!-? _ ?` Revised 03/95 STREET CROSS SECTION NOT TO SCALE 2 , -.- 26' S 2, 5 ASPHALT ASPHALT. SIDEWALK CURB/GUTTER BITUMINOUS ASPHALT COMM M"* ¢ "" M w CODE MUM, W-- .? T=. W- Z64W Rob V C7 M obi o O r11 rn - L Enviroinformation Consulting Cross section of proposed road Live Oak Cove . Sneads Ferry, NC June 20, 2006 Dimensioned Supplemental Sheet A PLOT PLAN PROVIDED BY GAIRY CANADY LAND SURVEYING 9103 RICHLANDS HIGHWAY RICHLANDS. NC 28574 (910)324-4616 (910)324-8430 (FAX) gcanedysurveying0earthl ink.net 'i 600 APVRO]. CDOE OF •••'`,?'. • •„ •.t, .:•, ueR \/\\ EOa a uAR". „yI ,, I,•` yy. •,.,i• „i,. N TO IFULLARDS 'y.+, `i° •:?i CREEK i' 1- -7 ? /J\ + 9757YSIY / J.e;, a i.; s, 0.i '. %4 iy ?6 L,.• •y 4. •.y V" =MIR \ \ 51.01' i '• y .: "C• "• ?' . ?•y i.: ?' ?.y.• 4 t % i ?"yV• 15' :AVM A:,', 1. ' iy / •, i % (Q711R4\°,r :i.? •'•y •,i'y •.,y 'i OXALOM 5=4q KEPex1[p,? ??? i i FLOM MW _.. _.. ?. ?, /PAN1104700 ! f Q, $'G d l n ZONE g y. ?,.`yd'•'•` •'. 7,;LOT 9 /* ,5 AC ti's ? •$• / Ah- - LO ZDW •AC' - ,pVM,o,,.xTE 13S p .. % •\ ..LOT 8• ?d. % b ?N" + •\ i''? / ''? •'\ ,yt.. . 0.503 AC•?`A e<?? ??:a•.? ?•.?. APPROXUATE • p \.,\ 1 p5, : \3??' J 4 V"?iP?l1 f Sid/ r?- rLOao 'e' - • ?- /41 I b - Wren -LOT 7 )?,r - 1!E . ass Ac JAMES a • .. FLOOD BEVERLY MARLEY ?/ - rtam 201E 'C - 0+ / T Bt. ?1 ??°h;?'•/ it LOT 14' \'•r/ ? :e 3:. PC m 10.! AC? \ ce 1204 Pc m 0.56 Ac'• •\•(Y.p?, r ?? `D}?: , , I .• f10E0 27f"/a',?i + \ "El LCr s su+ORA t U. AC • L? a /?,.?d' i .r/ dr u..• \? Qie u, PG Z26 \ P15) Q t 1? \ De lma rD sst pT LOT 4 Oj \ G 0.7 DRANACE un111' + O.JB AC A ; 'ui• .? 0\y EAmo t,n / a>, t? 3 i .? •?'.? / , ?'? '' .. _ Lot 14??1• 0.38 AC ANCHOR LANE ?dn + LOT 3 (Fxisnic x50. ROAD. y A F!•• I PRT04J 45 %EYA1E AM \ 0.37 AC ` :\, ? •,. ,! •,11i/, tl ,? + ? ? `• ,•?,.+ ;?? ?? +c0.,,. /?ict 1s°j' ' T 31 NO= a Eats ?,y'by `R, 0.39 AC r M? EAM10a PM re 22. PO 1a3 , i .? ; ?' • LOT 2 t / /,?a'l f• \ :' / / - ncm xxE •C - ?? . 0.33 AC Lot Is AC •,\,L`•: ?S.Ytts - `_ / (arena` L0714?1 i snse2rr a3atR :•`>.0.J7 AC .4'?; /;'i•C' ,. /. AT ETD OF PANGANT Fi r P p . Q NCR 1= • 11 LOT. 17 / ? ?\ ?r + 0634 AC + . SIGLINGS LOT 18 CREEK LANE ?y ,ur, 0.34 AC •''' R1as ro s3L ROAD, / '?y 0? 1yy, bt C 1'? PAOP03E11 43 PWYAIE AM / 6 ` `Yyhj•\,r F?'?/Q4 erg ff?5?+ N34C0M'l n4 4 Q.?<P/bd1''?? 'L ? ' ?? /? '?? N3370451 SPERBY LIRE \\?, " / WAIIAM 1X4 P NER Jt \ o0 35, Po DO SHFPARD W 1444, PO 14 `? / IB 22. PC N / 08 1003. PO 255 200 0 100 200 400 800 ( IN FEET ) I inch = 200 ft. PROPOSED PIER AND DOCKING FOR : LIVE OAK COVE SUBDIVISION SURF CITY, N.C. ONSLOW COUNTY LEE BIGGAR DATE: 4.17.06 VIGINRY ?K Gtl WT 10 KQLb Q[9 @ [a od[qrl p SEP 2 7 2006 DENR - WATER QUALITY WETLANDS AND STORMATER BRANCH F-?eC,=-I CD Cklli'I',1'i?.'?;-, ?; M. a+wa - aft6w OXALE GONNA DKAgN6 6NE OPK covE T=' NG Ie4w cw;Aff ?>?r ?..?? yam; ees.a• r•,m DPh1&N cam ERAr4b t W'" Ta. ffiA 6" m?e,w G n n N cxA,w ? TuaN,s1C: CA I LNe 0.K CA%%VVb ENfl1 AOOLARO 183; PCm 00 100.\ PC 210 ? ? CRT PROPOSED PIER AND DOCKING FOR LIVE OAK COVE SUBDIVISION SURF CITY, N.C. ONSLOW COUNTY LEE BIGGAR DATE: 4.17.06 20 0 10 20 <0 80 ( IN FEET ) I inch = 10 ft. ml??p vizvor. Li Z_ J } ?RC'OSED DCCK ? ?-11?10C?R1?'G ?I_IVGS u rn n ri ri 1 n 0 U4VEC? TATED WE--ANDS I I I I I I I I I I I I 5' BOARD WAL,( I I I I I I I I I I I I OVER COMM01', AREA (SHADED) I I I I I t `I I I I I I 1 ? I I I I i ? 1, ? ? 2.6?- ?l 2. N.H.W I I I I I q I I 1 I I -I+ - -I-h I I I I -I 1 N. U. V i t I I I I I I ,J I l , I I I p ;? : I I 1 I I pp I I II II II % II II II II i II LJ LJ LJ LJ L ER PILINGS PROPOSED PIER AND DOCKING FOR : LIVE OAK COVE SUBDIVISION SURF CITY, N.C. ONSLOW COUNTY LEE BIGGAR DATE: 4.17.06 i10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. I 1 -3.2 - SEP 2 -1 2006 II II DENR • WATER QUALITY LJ LJ V1 ULDSAAD5TORl NATFAEW,,CH TO' Kf 7 VtaRa COMM 9F.Af 1N r ? 9E?1216N Uw 0A< CODE ?t P" Tu=,, NC. ww cof'm wr" 1 aAM M wx m MCNO,, W- sm nx rfow- ?? G n n fl 3 or 3 e: a. 'xns: r•n cerow vr• m nav?he: "s aK p CRMK VIGINRY ' 1XaGif ?VT TO '?C"