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HomeMy WebLinkAbout20041437 Ver 1_COMPLETE FILE_20040830CF W A TE,Q Michael F. Easley, Governor ? Q 'S' r,,, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources y Alan W. Klimek, P.E. Director Division of Water Quality September 22, 2004 DWQ Project # 04-1484 Chowan County Mr. Jerry W. Stotesbury 802 W. Queen St. Edenton, NC, 27932 Subject Property: 802 W. Queen St., Edenton, NC, on manmade canal off Pembroke Creek Construct boat ramp and courtesy pier Approval of 401 Water Quality Certification (GC3351) with Additional Conditions Dear Mr. Stotesbury: You have our approval, in accordance with the attached conditions, to fill and/or shade 0.16 acres of Public Trust Area and Public Trust Shoreline to construct a boatramp and courtesy pier at the referenced property as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on September 3, 2004. After reviewing your application, ?e have determined that the Division of Water Quality (DWQ) General Water Quality Certification Nui?ber 3351 covers these water impacts. This Certification allows you to General Permit No. 198000291 dvhen 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, Coastal Stormwater 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 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 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/CAMA Wetlands 0.016 (acres) DCM Field Investigation Report 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650; 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands one N Carolina N'dol !ry An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Jerry W. Stotesbury .Page 2 of. 2 September 22, 2004 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 (sociated with the approved water impacts), you may ask for an adjudicatory hearing. You must ac 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. AWKlcbk Sincerely, ` / ?14 Al W. Klimek, P.E. Enclosures: GC 3351 Certification of Completion cc: Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 041484Stotesbury(Chowan)401 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 24, 2004 041437 MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality WETLANDS/ 401 GROUP AUG 3 0 2004 WATER uUAL?TY SEC f?UP FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Fahey Bunch Project Location: 813B Dillard's Mill Road (SR-1226), Tyner, NC Proposed Project: Construct 10'x24' addition to boathouse; 8'x16' addition to pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 14, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557 . 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: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Fahey Bunch 2. LOCATION OF PROJECT SITE: 813B Dillard's Mill Road (SR-1226), Chowan County, adjacent to Chowan River Photo Index - 2000: 147-1873 (N-7) 1995: 147-1551 (W-11) 1989: 16-2 (K-6) 1984: 106-880 (S=10) 1978: 118-497 (J-22) State Plane Coordinates - X: 2674300 Y: 921900 Mintonsville, NC, L.R. GPS : E081114A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/11/04 041437 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - 08/19/04 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Chowan Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Septic Drain Field Planned - N/A (F) Type of Structures: Existing - Bulkhead, pier, platform, boathouse, single-family dwelling Planned - Addition to existing platform and boathouse (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED (A) Public Trust & Estuarine Waters 368 sq. ft. (B) Total Area Disturbed: 368 sq. ft. (.008 acres) (C) Primary Nursery Area: No (D) Water Classification: BNSW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 10 feet by 24 feet addition to an existing boathouse and an 8 feet by 16 feet addition to an existing pier platform. FIELD INVESTIGATION REPORT: Fahey Bunch Page 2 PROJECT SETTING The site of the proposed development is located at 813B Dillard's Mill Pond (SR-1226), Chowan County, and on the Chowan River. The site is a .9-acre rural residential lot that has been developed with a single-family residence, bulkhead, pier, a 480 square feet boathouse with two boatlifts, and a jet ski lift attached to the pier. The property has an elevation of approximately 8 feet above Normal Water Level (NWL), has sandy soils, and is vegetated with yard grasses. The property has approximately 240 feet of shoreline on the Chowan River that is stabilized by a wooden bulkhead. The existing pier on the property extends approximately 72 feet out into the Chowan River. Adjacent property on both sides are farm fields. The Chowan River in this area is classified as BNSW, and is closed to shellfish harvesting. The river bottom in this area is sandy, and the water depth at the development site is -3 feet. DEVELOPMENT PROPOSAL In order to provide shelter for his jet ski, the applicant proposes to construct a 10 feet by 24 feet extension to his existing 480 square feet boathouse. The existing boathouse has two slips with lifts that shelter the applicant's boats. The applicant intends to remove an existing jet ski lift and relocate it under the proposed boathouse extension. In order to provide more usable deck space on his existing pier platform, the applicant proposes to construct an 8 feet by 16 feet extension to his existing 12 feet by 16 feet deck. The total area currently covered by the existing deck is 480 square feet. ANTICIPATED IMPACTS The development proposal will result in 240 square feet of Public Trust Area and Estuarine Waters Areas of Environmental Concern being shaded by the boathouse addition, and 128 square feet being shaded by the platform addition. Temporary water turbidity will occur during construction. Submitted by: Frank A. Jennings, III Date: August 19, 2004 Form DCM-M -1 i"r `A - APPLICATIO ??3a s $?s (To be completed by all applicants) 1. APPLICANT a. Landowner: Name -Ed He e 14,) C' Address : ??r4 fc .S J?l? City I.)L? State: L- zip _2' < 0 Day Phone r t c?S S J.> Fax b. Authorized Agent: N f ?- Name ti l /' Address N/ )4 City /- - State Zip Day Phone Fax f ./ 4- c c. Project name (if any) No78: permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County (_ -l o ??e? tv Cc? ce w ??? b. C' , town, community or landmark creek, sound, bay) 42-12 o cr:i-4?i i v,-`T 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., Cu,t?5rAucT' %c >( ?4/ /ad,0rrl-eA, iv =kiST??' F?rs?rf/v?eC<_ !-tai= C SK L ? %T Cr?N?7M?'??'~?-- b. Is the proposed activity maintenance of an existing project, new work, or both? ?? c. Will the project be for public, private or commercial use? i4?i r?a? 7- L? 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. Aleboir? eouexl ?dQ i' SK! pRyN11s C ?X TR ,S tj o, A4 ^4 . • Street address or secondary road number d. 1's proposed work within city limits or planning jurisdiction? Yes o `'mo ce. Name of body of water nearest project (e.g.. river, Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract s aA Ce S N 1 ?4- b. Size of individual lot(s) c. Approximate ,elevation of tract above MHW or NWL •'-'/ T d. Soil type(s) and texture(s) of tract SA I,_,) 9-F.vU Y L clI* "I e. Vegetation on tract f. Man-made features now on tract A? 8 elf-T - /qoasf HC;,-"<f- g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) conservation Developed Rural Transitional Community Other h. How is the tract?n by local government? N i. Is the proposed pro' consistent with the applicable zoning? Yes No (Anach zoning compliance cerriftcare, if apPGcabW j. Has a professional archaeological assessment been done for the tract? Yes If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed o?eflgibl perry? Yes 1. Are there wetlands on the site? Yes?o Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe existing wastewater treatment facilities. S??r l C 0X-Irit w F-I-L-0 ` S* 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.) , Uu IV ort= o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: !A co of the ?" ith 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 ?. dated work14including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) 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 03/95 } U F Form DCM-MP-1 site. Include highway or secondary 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 -; h . G<Jtir-hams Address ? Phone Name ??? Ifollvc i% 3".?P . " 9 Address Ew ?3 7 lu ;n/a %il ?S a w, Phone 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. cD as'7a3t G- p I 1 `7 N- • 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. 6. CERTIFICATION AND PERMISSION 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 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. 1 further certify that the information provided in this application is truthful to the best of my knowledge. This is the 16 - day of 0-2-, , o y Print Name ,H RI-Tow ?'A1tG 3 G Signature Lm%&wntr or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 e 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-MP4 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. C. Dock(s) and/or Pier(s) (1) _ Commercial -Community W"Private (2) Number nJ (3) Length N (4) Width (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width p (6) Platform(s) P" Yes No (i) Number dN (ii) Length (iii) Width' (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL Boathouse (including covered lifts) oaW )T! vN (1) Commercial ? Private (2) Length q ' (3) Width /n f Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. (1) Length (2) Average wetlands (3) Maximum wetlands _ Revised 03/95 A' -'l wood, sheetpile, etc.) YAl distance from MHW, NWL or distance beyond MHW, NWL or e. Mooring buoys N1111 (1) _ 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 Mooring structure (boatlift, mooring pilings, etc.) (1) ___- Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) Q uv cH Applicant or Project Name signature Date rid 1 HaaegR R IC l ` 'r i \w J.. Hogn y ?' [3 ce ?C I+ r w ? w AOA14- 14 'SI j l% ?oGv?tT?ati ? tfpllday.?. ? ?? • crossroad", 'o, 1 .. % .'?' is .?:?. .. r ,f ? . CundiinO I . Firry F ERRY RC la`rdv i w.r ?a K C L I s S t`. C i n d 40 INN i 00 "j xo n ? C4 J f- ?. X ? Z a z r cr1 I'D r rn fE? C 14 ?F _. ., ._.. ._......._. .. -"/TITS. I t I s ?a ? CG M fTJ ?. tp, -4 as n a I ? f i i I i i 1 i i A ?c I I i I I I i .f E Y 6 14 ?L= t? pP, LC X T /V 1 4 '27 C- ?Q tt) ;A IV R I u c i I j R 1511,6' r T ?`PJ !fi i e ta t n fT? ?l ?Y i 1 :J S 3 1 ;r t I t ?Y `v t S 1 i! <t i 9 3 :A /v {?l C7 S9?3.,g ti;$ _x C3 s , aM M Ch ? A MAJOR PERMIT FEE MATRIX Applicant: Fahey Bunch Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (243001602 435100095 2341) 1. Private, non-commercial h.r development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial Ej development that does not $400 100%($400) 0%($0) involve the filling or 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- El commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: III(B). For public or commercial development, if $400 100%($400) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: I11(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or Men water areas: k r O NARLANC 2002 b m a C4 0 Ln o w ? ? p n 44 coo r NWc? C33 r.L a ? z? a-i ru OD 0 Cf? O G3 a O ) o . CC) f O O 'yam'' V l ?A I IF312 W s MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: tom steffens WO Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Fahey Bunch Project Number 04 1437 Recvd From DCM Received Date 8/30/04 Recvd By Region Project Type dock & boat house extension, relocate jet ski lift County Chowan County2 Region Washington Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA Watery ©Y •Q N F-- ?$ ? NSW 3(1,103. O.ql F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c TAS092204 cc: Regional Office Central Office Page Number 1