HomeMy WebLinkAbout20040993 Ver 1_COMPLETE FILE_20040618O?O? \ NA
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July 14, 2004
LaPlaza Condo Association
110 N. Water St.
Elizabeth City, NC, 27909
Subject Property: LaPlaza Condo Association
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
Coleen Sullins, Deputy Director
Division of Water Quality
DWQ Project # 040993
Pasquotank County
Page 1 of 3
Approval of 401 Water Quality Certification (GC3351) with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached conditions, to shade 0.02 acres of
Estuarine Waters to construct a dock adjacent to your property on the Pasquotank River as
described in your application received by the Division of Water Quality (DWQ) Wetlands/401
Unit on June 18, 2004. After reviewing your application, we have determined that the Division
of Water Quality (DWQ) General Water Quality Certification Number 3351 covers these water
impacts. This Certification allows you to General Permit No. 198000291 when issued by the US
Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any
other federal, state and local requirements before you go ahead with your project including (but
not limited to) erosion and sediment control regulations and CAMA. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is 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. 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 fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetlands)
LaPlaza
Page 2 of 3
July 14, 2004
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream N/A (feet)
404/LAMA Wetlands 0.02 (acres) CAMA field report
Waters N/A (acres)
Buffers N/A (square ft.)
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3351.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
water impacts), 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,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-
6481.
Sincerely,
Alan W. Klimek, P.E.
LaPlaza
Page 3 of 3
July 14, 2004
AWKlcbk
Enclosures: GC 3351
Certification of Completion
cc: William D. Rich, 110 North Water Street, Apt #1, Elizabeth City, NC, 27909
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 040993LaPlaza(Pasquotank)401
V
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
AmT4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM:
June 16, 2004
014Q993
TO: Mr. John R. Dorney w'ETL4 ND
Environmental Biological Supervisor 5401 GRQ(?p
Division of Water Quality ?(J
WA N 1 ? 2004
FROM. Doug Huggett TZRQU
Major Permits Processing Coordinator ACI SECT/QN
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: LaPlaza Condo Association
Project Location: 110 N. Water St., Elizabeth City, and on the Pasquotank River
Proposed Project: Construct a 16 feet by 60 feet dock adjacent to property and on river
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 2004. If you have any questions regarding the proposed project, please contact
Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-39011 FAX: 252-264-37231 Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
LA f L?4z?+
I -D ?
Development Type
FEE DCM
%
143001601435100093 1625 6253
DWQ %
243001502 435100095 2341
1. Private, non-cormmarciai
development that does not Involve $250 100%(S250) 0%($0)
the tilling or excavation of any
wetlands or open water areas:
II. Public or commercial development
that does not involve the filling or $400 =(S400) O% (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:
ill(A). For Private, non-commercial
development, If General water Quality $250 100%(5250) 0%($0)
Certification No.3301 (see attached)
can be applied:
111(B): For public or commercial MEN
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 S400 60%($240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
ill(D). If General Water Quality
Certification No. 3301 (see attached) $400 60%(S240) 40%($160)
can not be applied:
N. For development that involves
the filling and/or excavation of more 5475 60%(S285) 40%($190)
than one acre of wetlands and/or
open water areas:
'.-
66-7162/2531 5258
WILLIAM D. RICH OODWM519
400 S. WATER ST. PH. 338-5432
ELIZABETH CITY, NC 27909 DATE Ur n
PAY - o ?. i $ -boo
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J- /pp DOLLARS
CfLn k)r r? ?'
Preferred
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1 " 1L?JL SuB? Checking
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RuzABFM CLTx NC 27909-4650 411? MEMO
1:25.317L62??: 00000645&95 ?
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT 040993
APPLICANT'S NAME: LaPlaza Condo Association
2
Pasquotank River
Photo Index - 2000: 237-1911 (H-4)
1984: 121-749 (R-10)
State Plane Coordinates - X: 2819650
3. INVESTIGATION TYPE: CAMA
1995: 167-1714 (D-5) 1989: 127-11 (M-8)
Y: 939500 Elizabeth City Quad LL
GPS: E060717A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/07/04
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received Complete - 05/18/04
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Elizabeth City
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: YES
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - City Sewer
Planned - N/A
(F) Type of Structures: Existing - Condominium Building
Planned - Dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
SHADED
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other: PTA, EW
960 sq. ft.
LOCATION OF PROJECT SITE: 110 N. Water Street, Elizabeth City, Pasquotank County, and on the
(D) Total Area Disturbed: 960 square feet (.02 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicants propose to construct a 16 feet by 60 feet dock adjacent to their
property and on the Pasquotank River.
FIELD INVESTIGATION REPORT: LaPlaza Condo Association
Page 2
PROJECT SETTING
The site of the development proposal is located at 110 North Water Street (NC 34), Elizabeth
City, in Pasquotank County, and adjacent to the Pasquotank River. The site has 100 percent
impervious coverage with man-made features that include a three-story condominium building
and a paved parking area. There is no vegetation at the site. The 60 feet long shoreline of the
property has a concrete bulkhead that is part of the building foundation and riprap. Adjacent
to the shoreline are old pilings, concrete rubble, and the stumps that are submerged. The
property has an elevation of approximately 4 feet above Normal Water Level (NWL).
The adjacent property to the north is a hardware store with a paved parking area and concrete
bulkhead along the shoreline. The parking area extends 16 feet farther in the Pasquotank River
than the applicants' property. The adjacent property to the south is a condominium building
with a similar shoreline alignment and a concrete bulkhead. CAMA Major Permit #152-95
was issued to the adjacent property owner on the south side for the construction of a dock with
boat slips.
The property had a 6 feet wide and 60 feet long dock that was destroyed by Hurricane Isabel.
The property owners who docked there complained about hitting underwater hazards.
The waters of the Pasquotank River in this area are classified as SC by the Environmental
Management Commission and are closed to shellfish taking. The water depths in this area
range from -2 feet near shore to -20 feet in the center of the channel. The waterfront in this
area of the City of Elizabeth City is considered to be Urban Waterfront Area.
DEVELOPMENT PROPOSAL
In order to provide water access, the applicant proposes to construct a 16 feet wide and 60 feet
long dock in the Pasquotank River. The dock would run from property line to property line
and would cover the existing debris, pilings, and stumps. The dock would be in alignment
with the shoreline of the parking area located on the north side.
ANTICIPATED IMPACTS
The development proposal will result in 960 square feet of shading of Public Trust Area and
Estuarine Waters AEC. Approximately four small boats could use the dock at a time. The
boat operators would no longer be hitting stumps when they attempt to dock.
Temporary water turbidity will occur during construction.
Submitted by: Frank A. Jennings, III
Date: June 15, 2004
HrR-CC-CVU4 IHU VQ- i,) 1 111 VVII L/111 - - .. ..... ..... _-_ _- .
Form DCM-11•14IVED
L ,
MAY 0 7 209V
APPLICATION COASTAL q
ELIZABETH CITY
(To be completed by all applicants)
- b. City to .co ty or_I k
1. APPLICANT
c. Street address r seco ry r num ?
1 ?.
a. Landowner: 1 W _t C, CITLCL69)
Name ? 0 C___ ? a. CL? ? d, Is proposed wor?thin city limits or planning
,r? jurisdiction? ?_ yes No
Address v ) ('
?i ?? e. Name of body of r nearest p oject e. g_. 'verb
t,c rate creek, sound, bay) '91
city
L4 ? 0 .3 3 Y
Zip Day Phone
Fax 3, DESCRIP'T'ION AND PLANNED USE
b. Authorized Agent: OF PROPOSED PROJECT
Name
Address
City :1??-?tate
Zip i-29 I VjDay Phone J -y?
Fax, 3, 3
c. P jeet name (if any)
NOTE: Pernor will be Unwd in name of lm domwr(s), ad/or
pro)eet name.
2. LOCATION OF PROPOSED
PROJECT
a. County
a. List all development activities you propose (e.g.
building a homt; motel, marina; bulkhead, pier, and.
ervation and/or fillin activities.
b. Is the proposed activity maintenance of an existin
project, new work, or both? ° a: - z_
c. Will theproject be for public, private or commercial
use? _r_ h1t i; a_17AL
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If?.. is med , please attach additional pages.,
ReAwd 01% _... _,....,..,..
MFR-CC-0004 111U Uo' Ia 1111 I/v11 Via t.. VI I I
11111 I1V1 C_Nt_ L., J.LJ 11 -
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
m. Describe existi n wastewater treatment facilities,
a. Size of entire tract LF'-?
b. Size of individual lot(s) ?.?
c. Approxitn?,te ele4vvation of tract above MHW or NWL
u. 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.).
L Y\ -?.
d. Sit )(s) and texture(s) of tlrac! o. Des nbe existing drinking water supply source.
e. Vegetation on tract '
f. Manmade fg4tures now,on tract
' ADDITIONAL INFORMATION
What isle CAMAtand Use Plan land classification
of the. site? r0mu b v1* lowl (and wt p1m.)
?? Conservation Transitional
Developed - Community
Rural Other
h. Hop is the tract zoned by local government?
1-%u" L% ILI CL
i. Is the prop wit-project consistent with the applicable
zoning? Yes No
(AnachzP4-g ronrlim- elnifiawl, ifWlimbte)
j. Has a professional archaeological assessment been
done for the tract? Yes ? No
if yes, by whom?
k. Is.the project located in a National Registered.Historic
District or does it involve a National Register listed or
eligible property
Yes No
1. Are there wetlands on the site? _ Yes ''/No
Coastal (rharsh) Other
If yes, has a delineation been conducted?
(Anach dacumentari ", if as%dW14
In addition to the completed application form, the following
itema must be submitted'
• A copy-of the-deed-(with state-application only) orother
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.>aoca mie,_dated.work.plat.(including_plan view and
cross-sectional drawings) drawn to scale in black ink on
an 8 1/2" by 11" white paper, (Refer W Coastal.
Resources Commission Rule 77.0203 for a detailed
description.)
1Pleam note that original drawings are preferred and
only high quality copies will be accepted, Slue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant_ (Contact die.U.S..Army Corps of Engineers
regarding that agency's use of larger drawings.) A site
or location map is &part of plat requirementsand it must.
be sufficiently detailed to guide agency personnel
unfamiliar with the area to the
site. Include highway. or secondary road (SR) numbers,
Rtvtrxd 03195
Form DCM-M7-1
landmarks, and the like.
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERNIIS,SION
TO ENTER ON LAND
• A list of the names and complete addresses of the
adjacent- waterfront (riparian) landowner 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.
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 I certify that 1 am authorized to grant, and do in fact, grant
Address p Q ' . t$ 0 ' permission. to representatives of state and federal review
Phone all. ??C'_- agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the project.
Address '
Pbone? 1 further certify that the information provided in this
Name +r`n ?'rr > t-' ?t hEl t; c application is truthful to the best of my knowledge.
Address' L- "''? Zpp l.. f
Phone This is the Lday of V*t9'
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
perminee, and issuing dates.
• A check for $M made payable to the- Department of
Environment, Health, and Natural Resources (DEHNR)
to cover the costs of processing the application.
a A signed ABC hazstrd notice for projects in oceanfront
and inlet areas.
• A statement compliance: with the N.C.
Environmen olicy Act (N.C.G.S. 113A - I to 10)
If the pro' involves the expenditure of public fun ls.or
use of bGc ioln s, attach a statement documenting
co lianee with the North Carolink Environmental
lice Act.
1 ? -
Print Name -k t)N Signature x ti-4'•?--r '
Landowner or Audwd Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Pill Information
DCM MP-3 Upland Development
_?/ DCM MP-4. Structures Information
DCM MP-5 Bridges and Culverts
DCM- MP-6 Marina Development
NO Please. sign and date each attachment In the space
provided at the bonom of each form
RECEIVED
Revised 03195 COASTAL 4A.IgAGEMENT
r_i_i7.A9FT0 rlT, 7
nrA_CC-CUVY 111V UV' Iv 1111 liv,1 w,n ". v, , ,
Form DCM-MP4
STRUCTURES
(Comstruction 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) ??
Commercial „Community ' Privatc
(2) Number
(3) Lcngth LOOT
(4) Width 16,
(S) Finger Picrs Yes " No.
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines . ts_?=?. e': y
(9) Width of water body
(10) Wator. depth at waterward end.. of pier at
MLW or NWL
b. Boathouse (including covered lifts) K ,,??..
(1) Commercial Private
(2) Length
(3) Width
RECEIVED
MAY 0 7 ' Q;n?.
COASTAL MANAGEMENT
ELIZABETH CITY
e. Mooring.buoys hiliq
(1) _ Commercial --Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body.
(S) Distance buoy(s) to be placed beyond
shoreline 414
f. Mooring structure (boatlift, mooring pilings, etc.) (1) - Commercial -.Community - Private
(2). Number
(3) Length
(4) Width
g. Other (Give complete desv4priom) A1 1A
c? v
I\ Z. P,
Applicant or ftgtqct Name
C. Groin (e.g. wood, sheetpile, etc.) /v/ jq- signature
(1) Number
(2) Length(s) Dote
d. Breakwater (e.g. wood, sheetpile, etc.) 1414
(1) Length
(2) Average distance from MHW, NWL or
wetlands.
(3) Maximum distance beyond MHW, NWL or
wetlands.
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MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WQ Supervisor: Rnrger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name LaPlaza Condo Association
Project Number 04 0993
Recvd From DCM
Received Date 6/18/04 Recvd By Region
Project Type dock construction
County Pasquotank
County2
Region Washington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score. Index Prim. Supp. Basin Req. Req. ME
LAMA F__O Y OO )`1 F_ 30-3-(12) F SB ? 30,150. F__ I
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y Q N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1