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HomeMy WebLinkAbout20041484 Ver 1_COMPLETE FILE_20070831Michael F. Easley, Governor September 22, 2004 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-1437 Chowan County Mr. Fahey Bunch 813B Dillard's Mill Road Tyner, NC, 27980 Subject Property: 813-B Dillard's Mill Road, Tyner, NC Construct addition to boathouse and pier Approval of 401 Water Quality Certification (GC3351) with Additional Conditions Dear Mr. Bunch: You have our approval, in accordance with the attached conditions, to shade 0.008 acres of Public Trust and Estuarine Waters to construct an addition to an existing boathouse and an addition to an existing pier at the referenced property as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on August 30, 2004. After review' g your application, we have determined that the Division of Water Quality (DWQ) General Water QualCertification 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, 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 0.008 (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: htto://h2o.enr.state.nc.us/ncwetlands Nye Carolina A w,"Itf An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Mr. Fahey Bunch Page 2 of 2 September 22, 2004 Waters N/A (acres) Buffers N/A (s uare 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. AWKlcbk Enclosures: GC 3351 Certification of Completion Sincerely, Alan W. Klimek, P.E. cc: Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files 11?.. Filename: 041437Bunch(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 31, 2004 041484 WETLANDS /401 GROUP MEMORANDUM: SEP p 3 2004 TO: Mr. John R. Dorney Environmental Biological Supervisor WATER OUALITy SECTION Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jerry W. Stotesbury Project Location: 802 W. Queen St., Edenton, on manmade canal off Pembroke Creek Proposed Project: Construct boat ramp and courtesy pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 21, 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: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jerry W. Stotesbury 2. LOCATION OF PROJECT SITE: 802 W. Queen Street (US 17 Business) Edenton, Chowan County, and on manmade canal off Pembroke Creek Photo Index - 2000: 151-1836 (1-20) 1995: 151-1574 (I-11, 12) 1989: 19-5 (G-8) 1984: 109-861 (H-16) 1979: 122-1560 (J-12) State Plane Coordinates - X: 2700500 Y: 848250 Edenhouse NC GPS: E082617A LR 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/26/04 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - 08/26/04 Office -Elizabeth City 6. SITE DESCRIPTION: 041484 (A) Local Land Use Plan - Edenton Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, PTS (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - City Planned - N/A (F) Type of Structures: Existing - Fishing center, dock, and ramp. Planned - 2"d boat ramp (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED (A) Public Trust Area 300 sq. ft. 80 sq. ft. (B) Public Trust Shoreline 300 sq. ft. (C) Total Area Disturbed: 680 sq. ft. (.016 acres) (D) Primary Nursery Area: No (E) Water Classification: B NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 15-feet wide by 40-feet long concrete boat ramp and a 4-feet wide by 20-feet long courtesy pier on a manmade canal adjacent to Pembroke Creek. FIELD INVESTIGATION REPORT Jerry W. Stotesbury Page 2 PROJECT SETTING The site of the development proposal is a 2.9-acre tract located at 802 West Queen Street (US 17 Business), in the Town of Edenton, Chowan County, and on a manmade canal off Pembroke Creek. The property has an elevation of approximately 3 feet above Normal Water Level (NWL) and is vegetated mostly with yard grass. Approximately one-half acre of the property is a Gum/Cypress swamp that borders Pembroke Creek and the mouth of the existing canal. The applicant operates a fishing center on the property. Existing structures include a tackle shop, a boat shed, a 6-feet by 100-feet shoreline dock, a gravel and concrete parking area and driveway, and approximately 50 feet of shoreline bulkhead associated with an existing boat ramp. The canal is approximately 60 feet wide and is shared with the property owner on the east side, which is Chowan County. The county has a waterfront access park on this property. The adjacent riparian property on the west side is a Gum/Cypress swamp and is undeveloped. The water depth in the canal is approximately -4 feet below NWL. The waters of Pembroke Creek are Inland Waters, and are classified as B NSW. DEVELOPMENT PROPOSAL In order to prepare for an upcoming bass tournament and to provide water access, the applicant proposes to construct a 15 feet-wide and a 40-feet long concrete slab boat ramp adjacent to the existing ramp. The two ramps will be separated by a 4-feet wide by 20-feet long courtesy pier, which will aid with boat launching and recovery. The proposed ramp will. extend approximately 20 feet into the existing canal, as will the courtesy pier. A section of the existing bulkhead will be removed to allow for the installation of the proposed boat ramp. The boat ramp will cover a flooded area less than 100 square feet, vegetated with Arrow Arum (Peltandra virginica) and Pickerelweed (Pontederia cordata). ANTICIPATED IMPACTS The proposed boat ramp will cover approximately 300 square feet of Public Trust Shoreline and 300 square feet of Public Trust Area, Areas of Environmental Concern (AEC), with the concrete slab. The courtesy pier will shade 80 square feet of Public Trust Area AEC. Temporary water turbidity will occur during construction: The project will improve boating access to the area. Submitted by: Frank A. Jennings, III Date: August 26, 2004 Form DCM-MP-1 t b APPLICATION- 4 (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT a. Landowner: c. " Street address or secondary road number Wea? Name ylLRAY AA ?m i ?5J344 A y- Address 80;, G+/ l c?c r '?o City Z ©Z1)1r0A1 State 1? Zip A C' 3 Day Phone a?fA ` 32-3 q-3 Fax _-- ` ? Fly- s-3'V_3 b. Authorized Agent: Name r74= !2 A y e . 5i-x i ? s• t3 'q.4 Address E02 AA ' ?2 C °1r I ' City's State Zip 74?31-2- Day Phon-34?3 F a x, - 525 .3y c. Project name (if any) NOTE: Permit will be issued in name of lmadown<r(s), mid/or project name. d. Is proposed work within city limits or planning jurisdiction? _i-`? Yes . No e. Name of body of water nearest project. (e.g.. river, creek, sound, bay) f 61199 VK41 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. I "I b. Is the proposed activity maintenance of an exi4ing project, new work, or both? 'Amn-At c. Will the project be fbt p lic, private or commercial use? ?' d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space„is needed, please attach 2. LOCATION OF PROPOSED PROJECT a. County _ e f ?AV ^1? Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) *4 c. Approximate elevation of tract above MHW or NWL 1- 3 d. Soil type(s) and tegture(s) of tract e. Vegetation on tract f. Man-mle feaures now on tract ?-___ '? g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. Ho S is the etract zoned b local government? i. Is the proposed project consistent with the applicable zoning? Yes No (Attach toning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the. tract? Yes LL?o 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 - ? o 1. Are there wetlands on the site? ?Y?es No Coastal (marsh) Other c/ If yes, has a delineation been conducted? A,; (Attach documentation, if available) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" residential disc ges.) o. Describe existing drinking water supply source. 1ozvzi 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 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 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 ne??o? nzt4c 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 Address Phone Name -- - Address 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. • A check fori259-made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. ign ce for projects in c on an et areas • 'th the N.C. (N.C.G.S. 113A - 1 to 10 I} f the ves the expenditure of public funds or use of public land's, attach a statement docwftentitrg p ie with the North Carolina Environmental Policy Act. Lf AUG 2 4^3 2004 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. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day of 19 Print N ':? S ignatu Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information I}CM 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 i•.k.rLGL ,r. ++ -0,N r...d:,a+o?arsia?J''+Arr;a•.,eoe.,.:_.,..-:ats,?...,n:.. ,.t...?. ?.., ,. ..naa ... .. _ .._ .. (Except bridges and culverts) 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 that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Mai Length Width EAStiug Project Denth Denth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) !7[p? ?`?? l •.1 iii ,x.1',4, {., 1,.. Ugg,,'' c A fVt! ', 2004 r ??1??t •. t ii; rr 1 r ?" r+ 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards &Z b. Type of material to be excavated c. Does the area to be excavated include coastal, wetlands (marsh), submerged static vegetation (SAVs) or other wetlands? 1-1 Yes No ??tJ eu. d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL c a. Locatio of disposal area C21 ?-? b. Dimensions of disposal area c. Do you claim title to disposal area? ?L Les No if no, attach a letter granting permission from the owner. d. Will a disposal 2a be available for future maintenance? Yes No If yes, where? &71 e. Does the disposal area include any coastal wetlands (marsh), SAVs or o r wetlands? Yes No f. Does the disposal inclu any area in the water? Form DCIVJ -W,2- 3. SHORELINE STABILIZATION /- a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterwarp of MHW or NWL d. Maximum distance wate4ard of MHW or NWL e. Shoreline erosion during #receding 12 months (Source of information) f. Type of bulkhead or rip material g. Amount of fill in cubic level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material to be placed below water 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be ought to site? Yes No If yes, (1) Amount of material to be placed /n the water _ (2) Dimensions of fill area (3) Purpose of fill k b. Will fill material be placed in coastal wetlands (marsh), SAVs or othSpwetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site ananderosion contr lled? A?l A.??V Y b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s c. Will wetlands be crossed in transpo equipment to project site? Yes `-No If yes, explain steps that will be taken to lessen environmental impacts. App ' ut or Project Name S' to e Date Fes- s; "pi's 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. i. Dock(s) and/or Pier(s) (1) , / Commercial -Community _ Private (2) Number o '#J (3) Length 2D (4) Width xt (5) Finger Piers Yes o (i) Number r ? (ii) Length ? / (iii) Width (6) Platform(s) Yes o (i} Number Cii) Length (7) (iii) Width Number of slips proposed T (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 b. Boathouse (including covered lifts) N/f/1_ (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/ (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) AJ14 (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys N / A- (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 f. Mooring structure (boatlift, mooring pilings, etc.) (1) -.__ Commercial -Communit _ Private (2) Number /J1 / T (3) Length (4) Width g. Other (G(ve complete description) App or Project Name S tore ?j Date (U rt Fi 6 . /Ju. Revised 03/95 Development Type FEE DCM % 14300 1601435100093 1625 6253 DWQ % 4300 1602 435100095 2341 1. Private, non-commercial development that does not involve the filling or excavation of any $250 ($250) C100% ` 0%($0) wetlands or open water areas: II. Public or commercial development that does not involve the filling or $400 100%(S400) 0%($0) excavation of any wetlands or open water areas: Ill. 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 $250 100%(S250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development, if General water Quality $400 100%(S400) 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: ill(D). If General Water Quality Certification No. 3301 (see attached) $400 60%($240) 40%($160) can not be applied: IV. For development that involves the filling and/or excavation of more $475 60%(S285) 40%($190) than one acre of wetlands and/or open water areas: CD woe co ` CO i Efl• o m 1 o ct mm ? 1? Ho N 1 V Z O O(LZ LL `ro'o WXWft >. W0w m Wj CL o =W r?o mm- ;?Ro ivy a.?us 2 ru ca ' Ul ru r-O C`- Ln cD cc Ln ru O a rn Ln O ¦ • A O ? 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A,U( 2 04 'AL fL .6- Pelem `mi4?l ELEV. -4. tj - VE)tT'Cl^L- 1: 6o MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: tom steffens WQ Supervisor: Jim Milligan Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Jerry W. Stotesbury Project Number 04 1484 Recvd From DOT Received Date 9/3/04 Recvd By Region Project Type boatramp and pier 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. CA-MA shoreline FT-0 N 2f-1-1 NSw 35,104. 0.01 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? 0 Y 0 N Is Mitigation required? O Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: region recommends issue n/c but HOLD is in place from CO tas 092304 61 e,l d jar F 1e,"4 k r` cc: Regional Office Central Office Page Number 1