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HomeMy WebLinkAbout20040993 Ver 1_COMPLETE FILE_20040618O?O? \ NA T ?RpG r ? Y 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 °° J- /pp DOLLARS CfLn k)r r? ?' Preferred ?{?.„ 1 " 1L?JL SuB? Checking ,,? ,? / R?jj? 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. SSac .- Revised 0319:+ /4 06" ?? ??a?? sr ° sT Qp? NOKE 9?`ERr z SHEEP BIB ROLE Sr Q:HARNEY COLLEG = ELEM. O `'' As ELIZA ETH sT TENNIS FTH CITY JR. HI. COURT S I 4V . ;' I I ST, COL ciT MA1 L AV. m c? S FEARING IBR RY x x L6 p? S7 ?tZ 4 Colvin 0 Asses, CHURCH S W O LaC 7'/ 0?1/ w W G E; Q HAMBEi? RICE ST. of COM M ER LLMAN z BUS. 17 ST. 34 cn o r ST. ` ,R LE E? Z ST• cn SNEp pRD ST No S c; ' R/MFRS/D£ SPE ?' wN?TE '? GO' ?Op?R ? v ? s OF Av o p N ?a r r-p BROWN S 2 ?Q? ?? N F q q o z 2 rn a S ?? ?? FS CID' AV. "' ? o 'rn° EDGE ?J Q HUN q ?' ? rUSgR 4 q R $ i v Q °a ? q M?FN A ST• CO y 6gR4 Fr Q q?? R q? Fq a TATEM cr, v? p co ?4 o H qv ?s o 4 VIS o A CEMETAR? \ 8 0 Q ?? ?' ?S4 RY cr ST Z w PARK Q o?? C N ST• G ROBIN SO S Q'? AN• HAM 0 _ _ cr ?? MASSACN? SEAS ST DR.? 0 = J. C'. LOCK VIRC rn SAWYER o HE -Z Iq r- ELEM, v _ _? RHOD p AV• SPRUCE `c) ST. r PR/C E sq 3? h'p4 ,QE B R Y LN ':. ISLAN r z RNF I NEW YORK M AONOLIA pp ST• o OqNCF . a 3 s W? ? N W N JERSEY L04 '.f EW S ST• y/S CIR V BUTU J T z ,. A • AR o ;. PA TRIGG -' w Q OELAwvRE RKVI W ELEM o?' y z <„ A r s 13 N MARYLAND DR, SALEM DR. 14 0 kr? e ELIZABETY EDG DAQni inrnniv I 1 F f C 1 11 2 _<c rirv i.. ,. 7 f' F- ? ? ? l?? o N Q L' ? SS Dt' t ?'1 `? t n e?1 LA f0 f ? I U eth O N- pt f ty r ? > _, a :f!! gJ?117 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