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19980411 Ver 1_COMPLETE FILE_19980522
State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 1, 1998 Onslow County DWQ Project 980411 APPROVAL of 401 Water Quality Certification Mr. Harold Yopp PO Box 1036 Sneads Ferry, NC 28460 Dear Mr. Yopp: You have our approval, in accordance with the attached conditions and those listed below, for the purpose of constructing a boat house, as you described in your application dated May 22, 1998. After reviewing your application, we have decided that this impact is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or 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 except as modified below. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of this 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. i e ly, ?,, r } i U'?" ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Domey Central Files 980411.Itr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/ 10% post consumer paper NCDFHNR WIRO Fax:9103502004 atate of North Carolina Dep:ent of Eh.vfranment and NaturAl Restyurces Wlimington Regional OffiCe : - - Division of Coastal Maaage r?„t MAY 0 6` ? . James 13, Hunt, Jr., Governor Wayne mcD@vItt, Secretary Roger N. Schecter, Director Jun 19 '98 15:23, P.09 R? E141"nONmeNr Wp NRR ti R ,,O M ?U11Gr,g May S, 1998 MEMDRANDIM: TO: Preston; H, warn; ;p: .,'Director. Division' of Water QtiiitRty FROM; John R. Parker Major Permits Processing Coordinator. 5iJ$TECT: CAMA/DREbG)r &' FI];L Pactnti A lictition PP Review APPlicaat: Mr. Md Mrs,:HaroIt .Yo pp;: Jr,:. ; Projeet I:ocativu: Mail itlade basin.off MI, celar'Creelc and, New River, Onilow Caun . Proposed. phM3eGt: Replam a otN Bred :bast: 3Wd ? ? by H igTic9 ne Fran $ to an existing°build;ilg,p their:.high ound: r e and ' add a shed stmcture Sr ?? op riy, Please indicate below agency s ? Posit7011,.dt ;ViBW ipint on Your by May'26;.19gg.. 'If you have'an th e reposed Project and Y questi ons rc ardin p return this form rit extension 251: When ra Lhi .propose .project, please COIItaCt Bob Stireud . Pry, epth Ctymtrier?ts with supporting data is requested, REPLY: Gc?, Vic? 5 This agency.has.11e ob'iri !oti to'' '= 1 ti. the prajcct as ptoposed. This agency has no win -rent on the: proposed project. This agency approves of the . ;prof ect :only if the recommended ch incorporated. See attached:. inges are Its agency objet to d o prpj= for rwoit described in the, attached cty .?ar-NC. 4? fllmpnts. . BATE r' 127 North Cardinal Drive., W;lmington; N.C. Equ ;284p5.3i346 r.Telephone 9t0.39l3-3®p0 pax 91:0_3 An - p i Opportunity'Artirrnetive Actibn Employer 5a 2004 i i ?c M, 't ?.z Q State of North Carolina Deprrtment of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director F I cl? &gIrl OPFA oq/ NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MAY 0 6 1998 May 5, 1998 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Mr. A. Preston Howard, P.E., Director Division of Water Quality John R. Parker Major Permits Processing Coordinator MAY 2 0 199f1 -CATER QUALITY SECT! T,? CAMA/DREDGE & FILL Permit Application Review Mr. and Mrs. Harold E. Yopp, Jr. Man-made basin off Wheeler Creek and New River, Onslow County Proposed Project: Replace a covered boat shed damaged by Hurricane Fran and to add a shed structure to an existing building on their high ground property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 1998. If you have any questions regarding the proposed project, please contact Bob Stroud at extension 251. When appropriate, in-depth comments with supporting data is requested. REPLY: 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 r' 1 (J This agency has no objection to the project as proposed. 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2. 3. APPLICANTS NAME: Mr. and Mrs. Harold E. Yopp, Jr. LOCATION OF PROJECT SITE: Man-made basin off Wheeler Creek and New River, Onslow County Photo Index - 1995"27-365 Grd E -18 1989:4-170-5 Grd 1-20 19$4:26-269 Grd G-16 State Plane Coordinates - X:2484850 Y: 300810 INVESTIGATION TYPE: CAMA only 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 10„ 1998 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - April 7, 1998 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Onslow County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: EW, PTA © Water Dependent: Yes (D) Intended Use: Continuation of Commercial Fishing operation (E) Wastewater Treatment: Existing - n/a Planned - n/a (F) Type of Structures: Existing - Existing building on high ground Planned - Replacement of original covered boat shed for fleet of small fishing boats (G) Estimated Annual Rate of Erosion: n/a Source - n/a 7. HABITAT DESCRIPTION: [AREA] nPPnnPn Pii i 9= n nTuaD (A) Vegetated Wetlands n/a (B) Non-Vegetated Wetlands appx sf 940 open water shaded © Other appx sf 160 addition to existing building (D) Total Area Disturbed: appx 1100 sf (E) Primary Nursery Area: yes (F) Water Classification: SA Open: no 8. PROJECT SUMMARY: The applicants are proposing to replace a covered boat shed damaged by Hurricane Fran and to add a shed structure to an existing building on their high ground property. Mr. and Mrs. Harold E. Yopp, Jr. May 4, 1998 Page Two 9. PROJECT DESCRIPTION - The project site is located on a man-made basin connected by wheeler Creek to the New River in Onslow County. The basin has several commercial fishing operations located around its' perimeter. The project is accessed byroad from SR 1541(Fulcher's' Landing Road) from which Mullet Lane connects to the site. In addition to the covered shelter which was significantly damaged by Hurricane Fran in 1996 there are also two building on the applicant's high ground [(40'x 20') and (16'x 13')] as well as an existing pier (3'x 20') which is need of repair. The applicants delayed repair on their property beyond the time limit for Hurricane repair expedited authorizations. The shelter also exceeds the 500 sf limit that can be authorized by the general permit process. The applicants are proposing to replace the roof and repair or rebuild the damaged boat shed. The dimensions of the finished structure will be approximately 44'x 20'. Covered dockage for four boats will be provided. The applicants also propose to construct a 10'x 16' shelter addition to the existing 40'x 20' high ground building. Finally the applicants propose to repair or replace the existing pier. The waters of Wheeler Creek are designated as a primary nursery area by the NC Division of Marine Fisheries are classified as SA waters by the Division of Water Quality and are closed to the taking of shellfish by the NC Shellfish Sanitation Section. s 10. ANTICIPATED IMPACTS - The project as proposed will restore to full use the existing boat dock area which was damaged by Hurricane Fran in 1996. The applicant uses these facilities to engage in a commercial fishing operation. If the project is completed as proposed no significant adverse impacts are anticipated. Submitted by:. C Robert Stroud, Jr. Date: May 5, 1998 Office: Wilmington Form DCM-MP-1 ; APPLICATION (To be completed'by all applicants)- 1. APPLICANT a. Landowner: Name 1 O p pI IrOII Sx L1? rr? di ?t • o .`P?,X l 0 3l? wile r?SS - t Y ?.1 ov? l..nne. City S State .C . Zip 46o Day Phoned-1t)- 3a,1-330 z. b. City town, community or landmark . -- rleac? S ?err?? c. Street address or secondary road number M Lk l e.? La ??t e, d. Is proposed work within city ??No of planning jurisdiction? Yes e. Name of body of water nearest pro ect (e.g. river, creek, sound, bay) h_ P e r ?r r 1< Fax D? DESCRIP'IZON AND PLANNED USE OF. PROPOSED PROJECT b. Authorized Agent: K IA ,1 AN 21 1998 Name __ D I \/ 1 I C) fy O F a. List all development activities you propose (e.g. COASTAL MANAGEMENT building a home, motel, marina, bulkhead, pier, and Address » ezcava ion and/or filling activities. aa-? S4t 1?--er City State b. Is the proposed activity maintenance of an existing project, new work, or bo ? re,?pc r1 v? She?lte r t ar„agc c b c. Will th?q ' `w r' cRv? s. y e protect &e tlor public, private or commercial use? r- *, va+ e, Zip Day Phone Fax c. Project name (if any) /?- NOTE: Pernw will be issued in name oflanda*ner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County 011 S?0 LAJ 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. _?b be- to d Sror- ?2e_r?ov? 1 '0 nQ.tS . All ' -tor e-. u O Wner ------------- Revised 03/45 Form DCM-TIP-1 4. LAND AND WATER CHARACTERISTICS Sec enclosed a. Size of entire tract .de.ed and lo,t b. Size of individual lot(*) .1i -Ale c. Approximate elevation of tract above MHW or NWL Describe existing wastewater treatment facilities. m. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "w1sh down" and residential discharges.) M1A d. Soil type(s) and texture(s) of tract Describe existing. drinking water supply source. ) P W e. Vegetation on tract Nn ? n fl ! 1999 ??? IAN .? QI?JiSIU f. AGEM Man-made features now on tract ' • •? 5. ADDITIONAL INFORMATION "mars O's Stzo+--d 0h 3 Wb . g. What is the CAMA Land Use . Plan land classification of the site. (Consult the tocai land use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional 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 the tract zoned by local government? claiming to be the owner of said property, then u m zo v, eA forward a copy of the deed or other instrument under which the owner claims tide, plus written permission i. Is the proposedproject consistent with the applicable from the owner to carry out the project. zoning? Yes - No , (Attach zoning compliance cerrffiaate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes ? No Coastal Resources Commission Rule 7J.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 V No Are there wetlands on the site? Yes No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach docunrntation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/45 Form DCM-'?1P-1 site. Include highway or se; ondary 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 Addres CJe? h , Phone Name Nln hGC M', l\ S Address x 1o3to cSn n? Derr-LA Phone 3-7- :Q ? 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. None • A check for $250 made payable to the Department of vie ent, Health, and Natural Resources 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. I,If ? ? it f '1 1 o I `.'%' JAN 2 v''0'Vly 6. CERTM Ar"TIONANW PERAMSION 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 certiry 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 certiry that the information provided in this application is truthful to the bast of my knowledge. This is the -4?y of a r? . I qaL. Print Name _ttaro?C? ??Opr? ?r Signature ,iy Ienoowner or -4XMor?c' Agent Please indicate attachments pe-aining 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 N01T. Please sign and dare each anachment in the space provided at the bonom of each form. Revised 031P5 For: r 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 _ Private (2) Number (3) Length (4) Width Mooring buoys (1) Commercial -Community private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body ( D' (5) Finger Piers Yes No tstance buoy(s) to be placed beyond shoreline (i) Number (ii) Length (iii) Width f. Moorin structure g (boatlift, mooring pilings, etc.) (6) Platform(s) Yes No (1) Commercial -.Community _ Private Number -CI) 0) Number (ii) Length . . (3) Length (iii) Width . (4) -Width - (7) Number qf slips proposed 4- g. Other (Give complete des ri Proximity of structure to adjacent riparian a7p 1 on) cY-r- property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL 2-7 b. Boathouse (including covered lifts) 1 (1) Commercial ? Fate (2) Length JAN 21 1998 (3) Width D l V 1 S f U j., J FAPplicant or Project Name c. Groin (e.g. wood, sheetpile, etc.) COASTAL 1AAfgAGEM tT.J-J C (1) Number (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03195 I am aware and have no objection to Harold E. Yopp, Jr. repairing and replacing the boat shelter on his property which adjoins mine. Signature Date 1-he ?S- // rP F?v , NOTARY J ?I O?E Fa t,4) 2 PUBLIC Cou (PM i JAN 21 1998 Dj DIVISIU,,,. JF COASTAL MANAGEMENT I am aware and have no objection to Harold E. Yopp, Jr. repairing and replacing the boat shelter on his property which adjoins mine. Signature Date \, /" NOWRY PJD! IC Zcl' `c? cok?,/ ?o (DII I7,7/ 3 JR VIA N 21 1998 DIVISIC);. JF COASTAL MANAGEMENT