HomeMy WebLinkAbout20040336 Ver 1_COMPLETE FILE_20040301MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Noelle Lutheran
WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Victor Flow County Carteret
Project Number 04 0336 County2
Recvd From DCM Region Wilmington
Received Date 3/1/04 Recvd By Region
Project Type add 4th slip to existing dock
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. t aj.
LAMA -water FT-0 N F__ F F 21-34 SC ? 30,503. 0.02
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 l0 N Recommendation: Q Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to the eject as proposed.
A 401 Water Quality Certification is not required. NML 3/10/04
cc: Regional Office
Central Office Page Number 1
A-a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
February 27, 2004
MEMORANDUM:
04OS36
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Victor Flow
"AR .Z 2004
Project Location: Carteret County, 207 Front Street, in the Town of Beaufort, within Taylor's Creek.
Proposed Project: Proposes to add a 4t' slip to his existing dock in Taylor's Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 18, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at
(252) 808-2808. 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, athe-project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 151-B Hwy. 24, Hestron Plaza I1,4WERad City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer - 50% Recycled 110%a Post Consumer Paper
Development FEE DCM % DWQ
%
(14300 1601 435100093 1625 6253 (24300 1602 435100095 2341)
1. Private, non-commercial
)
development that does not involve S250 106%($250) 0%($0)
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%($400) 0% (SO)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B, C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality 5250 100%(S250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality $400 100%($400) 0%($0)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and $400 60%(S240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) 5400 60%(S240) 40% (S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more S475 60%(5285) 40%( . $190)
than one acre of wetlands and/or
open water areas:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mr. Victor Flow
2. LOCATION OF PROJECT SITE: Located at 207 Front Street in the Town of Beaufort, Carteret
County, within Taylor's Creek.
Photo Index - 2000: 41-528 grid U-12 1995: 41-508 grid E-16
State Plane Coordinates - X: 2701000 Y: 359800 Rover #
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/30/03; 2/19/04
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - Cc: 02/27/04
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal
Planned -None
(F) Type of Structures: Existing - Municipal
Planned - None
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7.
HABITAT DESCRIPTION:
DREDGED FILLED INCORPORATED
(C) Open Water 912 sf
(D) Total Area Disturbed: 912 sf
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to add a 4`' slip to his existing dock in Taylor's Creek.
Field Investigation Report:
Mr. Victor Flow
Page 02
9. Narrative Description:
The project site is located within the waters of Taylor's Creek at 207 Front Street in the
Town of Beaufort, Carteret County, NC. This is the westernmost section of the waterfront
of Beaufort, and is residential in nature. The residence is located north of Front Street, and
is serviced by municipal water and sewer. The existing 3-slip dock is located south of Front
Street. The pier and all associated fingers and platforms are existing and not proposed for
modifications. The use of this structure is for the private dockage of the homeowner.
Taylor's Creek carries a water quality classification of SC at the project location. The
waters are closed to the taking of shellfish, and are not designated as PNA's. The Town of
Beaufort Land Use Plan classifies the project site as Conservation by virtue of its location
within the CAMA AEC. The area west of the project site along the Beaufort waterfront is
riddled with public and commercial marinas.
The site is presently stabilized with a bulkhead and has a small sandy beach. There is no
marsh in this area of Taylor's Creek. There are 3 slips existing on the west side of the dock
defined by the finger piers. In the past, the neighboring property to the east has had 3
pilings to the west of his dock that were authorized under a CAMA Major Permit for the use
of Hunter Chadwick, the property owner. The present applicant, Mr. Flow, utilized these
pilings to create an unauthorized 4th slip at his dock, being that the pilings were located on
the property line. Mr. Chadwick recently came to the Division requesting to construct a
boatlift within his existing authorized slip. He wished to leave the pilings in order to allow
Mr. Flow to continue using them for a slip of his own. Upon researching his request, it was
found that while Mr. Chadwick had been authorized. for slips spaces exceeding the General
Permit allowance, Mr. Flow had not. Consequently, Mr. Flow's use of his neighbor's pilings
to create a 4`h slip for himself was not authorized. In order to prevent authorizing additional
slips under the General Permit .2000 for Mr. Chadwick, he was required to pull out the
pilings in order to install his boatlift. This left Mr. Flow with 3 slips, none of which are
adequate for the boat he had been mooring illegally to the east of his dock. Mr. Flow is now
requesting to install his own pilings to create a legal 4`h slip on the east side of his dock. Mr.
Chadwick has signed a waiver of the riparian corridor setback.
Specifically, the applicant proposes to install 4 pilings approximately 18' east of his dock, for
a 48' long slip. No pilings will extend beyond the existing dock or beyond the corridor lines.
10. Anticipated Impacts:
The project as proposed will add a 4`h formal slip to an area littered with boats. No
significant impact should result from the addition of one slip. It should be noted that the
boat itself is not an addition, as it has been docking at this location without ownership of
pilings to define a slip.
Tere Barrett February 27, 2004 Morehead City
Form DCM-M3P-1
APPLICATION-
(To be completed by all applicants)
1 b. City, town, community or landmark
207 Frnnt Street, Beaufort N('
1. APPLICANT
c. Street address or secondary road number
2'-07 Front Street. Beaufort. NC
a. Landowner.
Name 1/ir':nr F1 m,, Jr
Address 207 Front Street.
City Beaufort State NC
Zip 28516 Day Phone 336-726-2000
Fax 336-726-2010
b. Authorized Agent:
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) T a y l o r ' s C r P P k
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name T. D. Eure Construction
Address 575 Hwy-. 70 West„ Radjo Ts and
City Beaufort State NC
Zip 28516 Day Phone 252-728-41 91
Fax 252-728-4192
c. Project name (if any)
NOTE: Permit will be issued in name of kmdowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County c a r t o r A t
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
C R5k-rg £3&?475,LIP
b. Is the pro s ctivity maintenance of an existing
project, ew wor or both?
c. Will the project be for public, private or commercial
use? ri vate
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. _
W5 7 AL.L 4 4- F5 F61
1?L t3QA`F5.1 f to
Revised 0319S
Form DCM-MP-1
- M.
4. LAND AND WATER
CHARACTERISTICS
Describe existing wastewater treatment facilities.
- - ay??tpAt?
a. Size of entire tract loo, x-32n,
b. Size of individual lot(s) 100' x 3201
c. Approximate elevation of tract above M1-1W or
NWL 121
n., 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
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
unknnwn C1 ty
e. Vegetation on tract landscaped
f. Man-made features now on tract 4
ADDITIONAL INFORMATION
5
two ,
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Consult the local land use plan.) following items must be submitted:
Conservation Transitional
0 A COPY of the deed (with state application only) or
Developed Community
r
Oth other instrument under which the applicant claims title
e
Rural 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
. r e s i d e n t i a l 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? X Yes No
(Attach zoning compliance certificate, 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 _.X 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 X No
1. Are there wetlands on the site? Yes .L_ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach dotatmentation, 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
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• 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 Hunter Chadwick
Address 205 Front Street. Beaufort
Phone 252-728-5846
Name Bill Martin
Address 9 Front Street, Beaufort
Phone 252-504-2558
Name
Address
Phone
• A Pest 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
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 land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
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 day of %- , 14
Print Name l FL. p c!J ,r z?
Signature ? .
Landowner or Authorized Ag
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 attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-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) a'0
(1) _ Commercial `Community Private
(2) Number 1
(3) Length 4
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Y ?_ No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips p oposed
(8) Proximity of st cture to a 'acent riparian
property lines one foot
(9) Width of wate body
(10) Water depth t waterward end f pier at
MLW or L
e. Mooring buoys
(1) _ Commercial -Community - Private
(2) Number
N O N E
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body 1000 f P P t
(5) Distance buoy(s) to be placed beyond
shoreline N/A
f. Mooring structure (boatlift mooring pilings, tc.)
(1) _Commercial - o Private
(2) Number ?f
(3) Length N O N E
(4) Width
g. Other (Give complete description)
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) N O N E
Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number,
(2) Length (s) N O N E
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
Victor I. Flow, Jr.
Applicant or Project Name
Signature
i
Date
NONE
Revised 03/95
4117
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T D EURE POST OFFICE BOX 650
MOREHEAD CITY, NORTH CAROLINA 28557
Daly, PHONE: 252-728-4191
Ntlwlc? FAX: 252-728-4192
FEB 2,7 64
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