19980478 Ver 1_COMPLETE FILE_19980526

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
e??
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES
July 28, 1998
Pamlico County
WQC 401 Project # 980478
APPROVAL of 401 Water Quality Certification
Mr. Richard and Judith Ann Schneider
PO Box 1088
Simsbury, CT 06070
Dear Mr. and Ms. Schneider:
You have our approval, in accordance with the attached conditions, to impact 6,132 square feet of wetlands or
waters for the purpose of constructing a dock, as you described in your application dated May 26, 1998. After reviewing
your application, we have decided that this fill 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.
Also 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. 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 the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
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 which conforms 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.
Sincerely,
Po.e Howard, Jr. P.E.
Attachment .?
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker, DCM
980478.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Richard & Judith Ann Schneider
2. LOCATION OF PROJECT SITE: Pamlico County, at 3636 Brown Creek Road, in the Community of
Whortonsville, adjacent Brown Creek
Photo Index - 1995: 81-886 (indexed by S-9) 1990: 2 110 4 (indexed by P-14)
State Plane Coordinates - X: 2,707,350 Y: 499,100 Oriental Quad "UR"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Jan. 15, 1998
Was Applicant Present - Yes (authorized agent),,,
5. PROCESSING PROCEDURE: Application Received Complete - April 15,.,E I
Office - Morehead City ?,???:6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County ?; .
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private pier
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - None
Planned - 4-slip boat dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetland
Estuarine Waters - shaded 1,084 fe
Public Trust Areas - usurpation 5,048 fe
(C) Other
(D) Total Area Disturbed: 6,132 fe
(E) Primary Nursery Area: Yes
(F) Water Classification: SA NSW Open: No
8. PROJECT SUMMARY: The applicants propose to construct a private 4-slip dock.
I
FIELD INVESTIGATION REPORT:
RICHARD & JUDITH ANN SCHNEIDER/PAMLICO COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The applicants own a 2.75-acre tract of land at 3636 Brown Creek Drive, adjacent
Brown's Creek, in the Community of Whortonsville, Pamlico County. The undeveloped
lot is part of the small and recently platted Rosa Deimo Subdivision. The tract was
formerly agricultural fields with a 50' to 75' border of wooded wetlands adjacent to the
creek. The estuarine shoreline is undeveloped with scattered pockets of marsh.
Numerous private piers and a 10-slip commercial dock are located just up and
downstream of the project. Brown Creek is SA waters and a Primary Nursery Area and
has just recently been closed to shellfishing. Water depths in Brown Creek are typically
fairly deep with depths at the project site ranging between -4.5' and -5.5' below NWL.
No SAVs were noted during the field visit. Brown Creek at the project site is
approximately 680' in width. Given the shoreline configuration, the riparian lines tend
to "pinch-in" slightly. Back in January of this year, CAMA General Permit #018561-C
was issued to the applicant for the identical project (see the attached permit). However,
the applicant never constructed, the dock. According to the applicant, the reason for this
application is to secure a long-term permit (3 years).
Project Description
The applicant proposes to construct a 4-slip private pier/dock that measures 6' in
width and 114' in length with an 8' X 40' "L"-shaped platform. There would be two
finger piers 4' in width and 16' in length. There would be 10 attendant mooring pilings
to define the four boat slips at the end of the dock. The two outer slips would be 15' in
width while the two inner slips would be 16' in width. The outermost tie pilings would
extend 38' waterward of the platform. The total distance that the pier and mooring
pilings would extend offshore would be 152'. The side tie pilings would be setback a
minimum of 15' from each adjacent riparian line.
Anticipated Impacts
The pier would shade approximately 1,084 fe of Estuarine Waters and bottom
habitat. The footprint of the docking facility would usurp another 5,048 ff of Public
Trust Areas, thus resulting in 6,132 ff of total area directly affected by the pier/dock.
Limited and temporary increases in turbidity would be expected during construction of
the dock. There should be no adverse impacts to navigation along the creek, however
when an applicant proposes to build up to the 15' required setback, it does restrict
maneuverability of boats docking at adjacent docks. Such could be the case at this site if
the upstream neighbor constructs adjacent to the setback line also.
M. Ted Tyndall - Morehead City - May 18, 1998
Form 9CM-MP-1
APPLICATION .- -
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
b. City, town, community or landmark
Tnwn.ghis 9
c. Street address or secondary road number
1616 Rrnwn ('raPk Rd-
Name Richard C. & Judith Ann Schneided. Is proposed work within city limits or planning
jurisdiction? Yes X No
Address P0 Box 1088 e. Name of body of water ncArest project (e.g. river,
City Simsbury State CT creek, sound, bay) Brown' s Creek
Zip 06070 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name Nick Santoro/Sunbelt Associates
Address PO Box 729
City nri ental State NC 28571
Zip 28571 Day Phone [phone]
Fax [phone]
c. Project name (if any) Schneider Pier
NOTE: Permit %Q be issued in name of landowner(s), ad/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Pamlico
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Pier
b. Is the proposed activity maintenance of an existing
project, new work, or both? NEW
c. Will the project be for public, private or commercial
use? Private
d. Clive a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. The proposed
4 slip wooden pier will be used
as a private private docking
facility by the property owner.
Revised 03/95
Fbrm I)CM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 2.86 Acres
b. Size of individual lot(s)
NA
c. Approximate elevation of tract above MHW or
NWL 5
d. Soil type(s) and texture(s) of tract
Sandy Clay Loam
e. Vegetation on tract Partially wooded
loblolly pine
f. Man-made features now on tract none
b. What is the CAMA Land Use Plan land
classification of the site? (Coniudr dw local kind use plan.)
Conservation Transitional
Developed Community
_ Rural Other
h. How is the tract zoned by local government?
Rural with services
i. Is the proposed project consistent with the applicable
zoning? _ x Yes No
(AUach zoning c ong fiance c.rk icaid, tf Wiicable)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes X No
k. is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _x No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other
If yes, has a delineation been conducted? YES
(Aaach doctinmnmrion, if avaik")
m. Describe existing wastewater treatm--nt facilities.
None
n. Describe location and type of discharges to water%
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
None
o. Describe existing drinking water supply source.
County Water
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an S 1/2" by II" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Plem 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
roquirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Rrviwd 03/95
Form DCM-MP-1
AFR 1 5 'I9-8
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
a 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.
N?Mtr. & Mrs. Charles Sparacino
Address 3209 Jennifer Dr. Durham NC
Phone [phone]
Name Mrs. Don Ogren
Address 3620 Brown Cr. R , Merritt, NC
Phone [phone]
I understand that any permit issued in response to this
application wdl 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.
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
s A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
General Permit #018561-C
Issued Jan. 15, 1998 for same project.
This is the day of , 19
Print Name R' h a d C. Schneider
Signature
L4?idowner or Authorized 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 c fined AEC hazard notice for projects in
oceanfront and inlet areas.
A statement of compliance with the N.C.
E"vironmental Policy Act (N.C.G.S. 113A - I 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.
Please indicate ad
project.
NA' DCM MP-2
I)CM MP-3
DCM MP.4
DCM MP-5
0-Ar- DCM MP-6
.achments pertaining to your proposed
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE. Please sign and date each attachment In the
space provided at the bosom of each form.
iced 03195
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)
(1) _ Commercial -Community A Private
(2) Number 1
(3) Length 1521
(4) Width 61
(5) Finger Piers X Yes No
(i) Number 2
(ii) Length 161
(iii) Width 4'
(6) Platform(s) X Yes No
(i) Number 1
(ii) Length 40'
(iii) Width 8'
(7) Number of slips proposed 4
(b) Proximity of structure to adjacent riparian
property lines 1 r, (9) Width of water body 720,
(10) Water depth at waterward end of pier at
MLW or NWL -, i 1/9
b. Boathouse (including covered lifts)
(1) MA Commercial Private
(2) Length `
(3) Width
c. Gain (e.g. wood, sheetpile, etc.)
(1) Number NA
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length NA
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands

e. Mooring buoys
(1) NA 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 -1::?Irivate
(2) Number 10
(3) Length
(4) Width
g. Other (Give con plele description)
R'c rd C. & Judith Ann Schneider
, .Ap caul Project I` UMC /) Sigaut, ure
DateZJ.
Revised 03/95
PIER PERMIT
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