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HomeMy WebLinkAbout20000537 Ver 1_COMPLETE FILE_20000413Attachment cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Doug Huggett, DCM John Dorney Central Files 000537 State of North Carolina 'Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 09NAA D E N R May 11, 2000 DWQ# 00-0537 Carteret County Jerry Tolbert 203 Georgia Avenue Morehead City, NC, 28557 APPROVAL of 401 Water Quality Certification Dear Mr. Tolbert: i You have our approval, in accordance with the attached conditions, to dredge 0.003 acre of wetlands in order to construct a bulkhead, ramp, basin and breakwater on your property in Carteret County as described in your application dated 13 April 2000. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbdr 3112. This Certification allows to use your CAMA Permit when the NC Division of Coastal Management issues it. 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 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 alicaring. This letter completes the review of the Division of Wai:er Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, rr/ .Steve s r Non-Discharge Branch 1621 Maii Service (AnTer Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal ^ pcrtianity affirmative Action Employer S01Y, racyded/10% post consumer paper h A NCDENR JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY DONNA D. MOFFITT DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT April 11, 2000 Kffl MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality 1300537 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jerry Tolbert Project Location: Carteret County, adjacent Peletier Creek, at 203 Georgia Avenue, in the Mansfield area of Morehead City. Proposed Project: Proposes to excavate a small basin into his yard through a fringe of marsh, providing an access ramp stabilized with timber walls, perform maintenance excavation around his existing slips, and stabilize his marsh fringe by placing rock at its waterward edge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 2, 2000. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is 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 0AJ DATE I t(f MOREHEAD CITY OFFICE HESTRON PLAZA 11, .151-B HIGHWAY 24, MOREHEAD CITY NC 28557 PHONE: 252-808-2808 FAX: 252-247-3330 - AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jerry Tolbert 2. LOCATION OF PROJECT SITE: Adjacent to Peletier Creek, at 203 Georgia Avenue; in the Mansfield area of Morehead City. Photo Index - 1995: 41-515, grid #Q-16 1989: 154-29, grid #0-10 State Plane Coordinates - X: 2666100 Y:363400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -April 06, 2000 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: April 10, 2000 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Morehead City Land Classification From LUP - Developed (B) AEC(s) Involved: PT, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal sewer Planned - None (F) Type of Structures: Existing - Residence, Docking facility Planned - Ramp, Basin, Bulkhead, Breakwater (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRR1)(TF.T) Fu I FT) 1600537 OTUFu (A) Vegetated Wetlands S artina alterniflora 140 sf (B) Non-Vegetated Wetlands (C) Other High Ground 40 sf 1410 sf Shallow Bottom 1725 sf 315 sf (D) Total Area Disturbed: 3630 sf (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: Applicant proposes to excavate a small basin into his yard through a fringe of marsh, providing an access ramp stabilized with timber walls, perform maintenance excavation around his existing slips, and stabilize his marsh fringe by placing rock at its waterward edge. FIELD INVESTIGATION REPORT: Jerry Tolbert Page 2 9. NARRATIVE DESCRIPTION: 3 2000 WETLANDS The project site is a .32 acre residential lot within the Mansfield subdivision of Morehead City. This is off of Highway 70 and Mansfield Parkway, at 203 Georgia Avenue, adjacent to the westernmost branch of Peletier Creek. There is an existing residence and docking facility on the property. This area is serviced by municipal water and sewer, and is predominantly single family residential in nature. Peletier Creek is a manipulated system approximately 110' to 120' across at the project site, and has historically incurred a very high level of boating activity. The property is vegetated with typical lawn grasses, with a fringe of smooth cordgrass at the water's edge. The waters of Peletier Creek are classified SB by the Division of Water Quality; the system is closed to the taking of shellfish for consumption, and the creek is not designated a Primary Nursery Area. The substrate within the creek is very silty in composition. The Morehead City Land Use Plan classifies the area as Developed, with all areas within CAMA Areas of Environmental Concern classified as Conservation. There is an existing four slip docking system on the property. The applicant wishes to be able to utilize the eastern slip for a larger boat, without impeding navigation in the creek. In order to do so, he proposes to excavate into his yard 10' x 14' wide. This requires a cut through the fringe of smooth cordgrass. He proposes to place a reinforced concrete boat ramp through the new basin into the yard, and continue with a drive, for a total ramp length of 32'. The sides of the new cut and the concrete ramp will be stabilized with a 17' timber bulkhead wall along each side, for a total length of 34'. The area adjacent to the new ramp and connecting to the new basin is proposed for maintenance excavation, as is the connecting area under the existing docks. This area is approximately 45' x 25', with existing water depths averaging -2.4'. The proposed finished depth will be -45, connecting to the existing creek depths approaching -5' nlw. Another area under an existing slip at the west side is proposed for maintenance, approximately 30' x 20' in size, with existing depths ranging from -1.9' to 4. This, too, is proposed for a finished depth of -4.5'. The 128 cubic yards of spoil material to be generated from this proposal will be placed in the yard of the residence. There is an area of approximately 800 square feet designated for this disposal. Lastly, the applicant wishes to stabilize his marsh fringe. Because of regular maintenance of the creek and a high level of boating activity, there is an abrupt escarpment at the waterward edge of the marsh, which continues to erode. The applicant wishes to place a 3' wide rock revetment along this marsh edge to discourage sloughing. This structure would be approximately 105' in length, averaging 6' to 10' from the normal high water line, against the marsh escarpment. Approximately 23 cubic yards of rock would be required for this structure. 10. ANTICIPATED IMPACTS: As proposed, this project would require the excavation of 140 square feet of smooth cordgrass marsh for the basin, 100 square feet of which would then be filled with a concrete ramp. Approximately 40 square feet of additional high ground would be excavated for this feature, and Jerry Tolbert Page 3 ±270 square feet filled. Another ±340 square feet of high ground will be disturbed for the installation of the tie backs for the bulkhead walls. The maintenance excavation of the creek will require the disturbance of approximately 1725 square feet of shallow bottom area, removing 128 cubic yards of silty material. This will disturb another 800 square feet of high ground. The spoil area may need to be enlarged depending on the time necessary for de-watering of the spoil. Placement of the rock along the marsh escarpment will cause another ±315 square feet of shallow bottom area to be filled. This structure may provide a positive impact in reducing the rate of marsh erosion into the creek. Turbidity levels can be expected to increase during excavation. T. Barrett April 10, 2000 Morehead City Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name -Tr kA! V T-, /n ,+:7 Address 201 G f-c& 61.4 4F. City , 4aNt u 'd D (Irv State K: Zip ? S> > Day Phone } S - 77 G ; v ,?-? Fax 700-?c?-) b. Authorized Agent: Name Address City State Zip Day Phone b. City, town, community or landmark c. Street address or secondary road number ? cc (!rA- G/,4 Aar- d. Is proposed work within city limits or planning jurisdiction? v" Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) P F 1 r V t, x! f 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. Rut) b H- 6'H AA a,u Lo,??i AagAGF 1?yRsTi??a 0800" Wpp. V',441 l,vf weik F_b4t. wt b. Is the proposed activity maintenance of an existing project, new work, or both? OF, w wow fi Fax c. Project name (if any) NOTE: Permit %Q be issued in name of lm+downer(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County C d VrF•,&,:7 - c. Will the project be for public, private or commercial use? ,J A., I ?,47` t; 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. 'r u f n * 1, y t?u,J*' 9411 " -? 41 1 -H- ? ar•, STIt? ik4 T FAk , L,-?- .? '! Yl f <,t? b f 7' h A1,4 ice) i, )s 7" c: ?? V I a A Tci L j t v( 4 -T 7-iW 1. J'5fta.441 CC) 4:)1 NLC701 0 U w,(l 6P CUV(A+F7t V J w tp rt 4 L /4kZ,;L/ ISc.111 1-Ira A S, Revised 03/45 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existin wastewater treatment facilities. I-r T4tK a. Size of entire tract G q x 1q, x r x 1I L. u' x r 4 :. W b. Size of individual lot(s) ?A N>f c. Approximate elevation of tract above MHW or NWL Sz F' T> V,4 a.u rN (, d. Soil type(s) and texture(s) of tract n 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.) 4? ue FJcr 1., uXW oc- i existing drinking water supply source. I u L. , .a -/ u ej e. Vegetation on tract r,JY (s AP., -' 200 COASTAL MANAGEMENT f. Man-made features now on tract 1?b"J4 I f f- r Am, 4&L!, I; i 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 zoned by local government? k FN i7)7 "71.4 1 i. Is the proposed project consistent with the applicable zoning? _v/' Yes No (Anach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes L.,-*' 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 (marsh) ? Other If yes, has a delineation been conducted? tilt' (Anach documentation, if available) 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy or 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 8 112" 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 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. Naive -Toh,/ tlr,+r? r 17 c/ Address ?. W (*,F. ot, l i,a Jt r t?lU?f?r,?» Grfc. /,C Phone 09-'2 --*G - gzuu Name w, f, k # 7r k t JQ >D Address 0,0• dw4 7 037 y d 4r r, w . ?,1(. Z Phone G/ cl. 7 R"? - q C y'7 Name Address Phone 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 ;n 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 ?-O f h day of MAAvh , }9-2_OqO Print Name _ t= y t/ 7-0/ r-k / Signature /- Downer or utborized Agent • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • 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 lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Please indicate attachments pertaining to your proposed project. L,' DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development -LZ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and dare each attachment in the space provided at the bonom of each form. 400 copies of this public document were printed at a total cost of $52.48 or $.13 per copy. Revised 03/95 Form DC,'v1-iViP4 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 _ Private (2) Number (3) Length (4) Width (5) Finger Piers 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 (9) , Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boath ouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) . Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) - Commercial -Community - Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width g. Daher (Give complete description) )l0 1?4QA/ it/'wlor 10 ?loth w ?yti Cs u?w?y? ,? a c.t?n f o 14,1 m 1 St L? u?. ?Apcl / aI C'141 AA cant o Project Name Signal 3 - :..v- 00 Date Revised 03/95 Form DCM X10-2 EXCAVATION AND FILL (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 Find Eaasting Project Length Width Denth Mnth Access channel (h1LW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shop:line stabili=ion) 30 0 I0 ly L/ r*7 10 H f? !?iC?r} . ?' ? f l.l! 11J 1 APR Z 4 ?a110l s? ooasra, HEAD SENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards ay 7 b. Type of material to be excavated I,Q r Acv fpp l M FxT c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? ? Yes No d. Highground excavation in cubic yards AnA4 dV C y `lrr ao 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area _4 [)Z c fN I Wy#0 b. Dimensions of disposal area 4.44AW" D U x Yo c. Do you claim title to disposal area? ? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? t. Yes No If yes, where? CA ;-,7 r-_ evised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes ? No f. Does the disposal include any area in the water? Yes ? No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Rip rap b. Length 3 PH loS ?C 3 KI/akga c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL 10 e. Shoreline erosion during preceding 12 months --- n,-d,yr?x ! S ' (Source of information) Own ?-?( - ? tla y T??j? f. Type of bulkhead or riprap material -rIA14E.i7 U/al U 4"!t t? o g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill 7?/?Nr h. Type of fill material - a' Source of fill material _ ,G149'et'l 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? 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 and erosion controlled? E 09/01-/ F NcF b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ?uQGLI>tE G 1L 6,4cl-9C" c. Will wetlands be crassed in transporting equipment to project site? Yes L,- No If yes, explain steps that will be taken to lessen environmental impacts. o`-rk RRy / c'4 Applicant o jest Name Signature ..??pl? G o0 0 Date Revised 03/95 ?ID pr'FK, -fjd c i v p 3 ? 00000 p? bGc C7Ova igrbroacpc°.ca C Mr4eJ.? 0p0?c o 00 8 pL'oy5-i Poo 'P.0 r ESP I ? ? ' i1 In f? 1 ,C n 3 n x t t M o L ? b R C x "CI !a. 1, s X ffi i i ? b 1 ? O O C eQ c & l-' O N n t z ?- a t+? O 1 ? ? I t? la i3 ? 3 Z L i la r t ( E I ? z r ? t3 13: J f 1 LR t I _ t t t t 1 I a W J _C s? A x A Z M T m C3 N 40 0 0 40 80 120 111111111H I -- ---l- - GRAPHIC SCALE - FEET W E ?S( rvq ?' Un?w Nat Su',vayed L -----Cants Una NF__6C Mg Monument Set ---- _P41in9 _Concrete Monument Ra9road Iron R.11.d Spike Set ?? AF „X.9 ?Fip x u n -V ?nd ?? ry ry x EXISTING PIERS _Ly X -4.9 x o? El F 1.3 O K 10.00' RAMP 3.2 x © 4.3 x PROPOSED DRIVE 1 + ? A ? ?i o BAs, 0, ?s, 0 ?i 0 ?Q 0 SITE EXISTING BULKHEAD -4.1 x -4.3 X _y l X X-3.8- 4.4 X4.4 x k -3.70 O -3 1 EXISTING -3 O PILINGS 0 -3.1 Rf-EDGE OF WATER REVISED: 04/09/99 MAP PREPARED FOR: JERRY TOLBERT 1, JO+N W. COLLM REMSURED LAND SURVEYOR CEn T?Nr TMs MAP WAS TYP E OF SURVEY: PROPOSED DRAWN BY WE-UNDER MY DIRECT 9l1PERVl$I 1 IN ACNAL SURVEY. RAMP MADE BY ME-UNDER MY 9UPERVISIODEED BOOK_„PAGF THAT THE RATIO OF PPXDMON As CALL UUAtED BY COORDINATES rs 1:10,000 S 1"= 40' COUNTY: CARTERET TWAT 1H0 MAP WAS PREPARED IN ACCORDANCE 1NIH 0.5.47 0 AS AMENDED I FURTHER CERMY TO ONE OR MORE of THE FOILoAMNo. 111111+H1b?rrr DA 0311 1 99 STATE: N.C. _TWST THIS POST s OF A SURVEY WHICH CREATES A IN AN AREA OF THE COLMIY OR MUNIIIIAL Y 1WAT HAS AN ? a • • • ('A -? TWP i 0 E FILE 990 JC ??AA?/ATTEp9 PARCELS OF LAND; ? c .• ?,f I XX..-TTNT THIS PLAT IS OF AN 'MM PARCEL OF LAND• NA?•• ?ES MAP PREPARED BY. TINT THIS PLAT IS OF A SURVEY OF NaiHER CAT "M T+NT THE RFORMAM MI AVARAeLE TO THE SURVEYOR Suc- T}NT8 E EA L I ' L&-R-R J. P ST, SR. i 10 THE DE3r OF MY PROFE990NAL. AwL1IY 1 AM UNABLE 11d L?,l`9J( : WITN?+ E PPROVtSK*3 + I+ED HERED f s z ? REGISTERED LAND SURVEYOR #L-3735 1 5 0 203 WEEP-N-OAKS ARVETOr+ R iL-B91 ???? •• •?.V??? `? PHONE/FAXT1N252z247--6135 i lung I. MEMORANDUM TO: John Dorney Regional Contact: J. Steenhuis Non-Discharge Branch WO Supervisor: Back Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Jerry Tolbert Project Number 00 0537 Recvd From DCM Received Date 4/13/00 Recvd By Region Project Type County Carteret County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. EM LAMA ? WT-0- Y O N ? 20-36-ll SB ? 30,503. 1.00 F F- Mitigation Wetland MitigationType Type Acres Feet I F_ I F_ 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: *issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This offence has no objection to the project as proposed. cc: Regional Office Central Office Page Number 1 Facility Name Jerry Tolbert County Carteret Project Number 00 0537 Regional Contact: Date: Comments (continued from page 1): J. Steenhuis 5/4/2000 cc: Regional Office Central Office Page Number 2 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division Action ID No. 200001056 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: April 24, 2000 WgUNDS GR Urit)N Reference the application of Jerry Tolbert for Department of the Army authorization and a State Water Quality Certification to dredge a basin, construct bulkheads, and install riprap on Peletier Creek, at 203 Georgia Avenue in Morehead City, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 10 of the Rivers and Harbors Act. However, we have determined that a water quality certification is required under the provisions of Section 401 of the Clean Water Act. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by June 17, 2000, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at teiephone (910) 251-4636. Sincerely, Jeffrey H. Richter Regulatory Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 REPLY TO ATTENTION OF: Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 November 1, 2000 Action ID No. 200001056 and State Permit No. 94-00 Mr. Jerry Tolbert 203 Georgia Avenue Morehead City, North Carolina 28557 Dear Mr. Tolbert: Reference your application for a Department of the Army permit to excavate a basin, construct bulkheads, and install rip-rap on Peletier Creek, at 203 Georgia Avenue, Morehead City, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. Please be advised that the following are conditions of this DA permit: 1. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or -'*Pr the structural work or obstructions caused thereby, without expense to the United States. _",all be made against the United States on account of any such removal, relocation, or -- ;ttee shall notify NOAA/NATIONAL OCEAN SERVICE, Chief Source Tear N CS261, 1315 E West HWY RM 7316, Silver Spring, MD .ior to beginning work and upon completion of work. de by the permittee to prevent the full and free use by the public of ent to the authorized work. Use of the permitted activity must not .t to free navigation on all navigable waters of the United States. f '" 3. The permittee shall comply with the attached list of US Coast Guard Regulations. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Jeff Richter, Regulatory Division, telephone (910) 251-4636. Sincerely, Enclosure Copies Furnished (with encl): Chief, Source Data Unit NOAA\National Ocean Service ATTN: Sharon Tear N/CS261 1315 East-West Hwy, Rm 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 G. Wayne Wright, Chief Regulatory Division Dr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. M. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557 40 0 40 80 120 GRAPHIC SCALE - FEET W E uS ?? Uri a N u,V.4 CL-----Cerrter Un. q?S Conorrts Monument Set D.&---Deed Book EC~(-----ExistingConcmts Monument a-__-E0.dM Angle Iron EpTP?---E?x;lseB?ng Iron Pipe EPICN Dd:Mtfq IPK ? N K /VA ERRI---ExleBng Railroad Iron ERRS--Ex"nq Railroad Spike IPS----Iron Pw. Set qIR PPKNS- --Now Ifo'U Set POD----RP?ointt Of Beginning / ---fYipht p(Spike Set 'fo '4 Y EXISTING PIERS -4.9 X c) /OS (O 0 ?Q? CjCA?,y off, SITE gF0?c EXISTING BULKHEAD -4.1 ?xIF -4.3 x -11 _ EXISTING OF WATER 0 ?i -, 0 {Nc ' 1 Oc ?O 5 MAP PREPARED FOR: JERRY TOLBERT I. J" W. COLLIER REDI 7MM wm SUrtVEYDIR CERI*y THAT THIS MAP WAS E OF SURVEY: PROPOSED RAMP DRgm BY NF uMNR W Dem. suPQQMtYL?qI nN ACrvAL SURVrr. : MVC DT MC._.UHOER W SUPE7tMS1oH._,j DEED B00IL.__PA0' $ 1 : 1 "_ 7w THE PATIO of PRECISM AS CAUXAAOED BY 000MMA7M IS 1,10.000. 40' I COUNTY- I THAT THIS IMP WAS PREPARED N ACCORMANCE W tH 04L47-30 AS AMENDED I FURTHER CERTFY TO ONE OR MORE OF THE FOUAWNO: 1ulttrtlrn??l? DA 03/11/99 STATE. N.C. TNT THIS PtAr IS OF A SURVEY WHICH CREATES A . IN AN AA of THE CouN1Y tR MIMiGPALRY 7HAT•HAI AN . • , ; MOREHEAD FILE 990 JC PARCM ! MwT THIS T 13 OF AN AN E)04 M PARCEL OF w+0. ^^•? SS/Q•. -y ` j MAP PREPARED BY: TINT THIS PW IS OF A SURVEY OF ANOTHER f NMI V TIUIr THE NFORMAna+ AvNUaIE To nIE SIhNET'OR THAT S A _ - SuCIt ;LARRY J. PRIEST SR. 'M THE SM OF MT PROFMICNAL A LM I AM UNA9EE MAKF: I : A T10N AS 70 THE PROMIONS ED ?.? i ? REGISTERED LAND SURVEYOR #L-3735 Trt11i HANG 8EA1 + •t`•?'q9 203 WEEP-N-OAKS NEWPORT, REOxIETTED LAW suRvE> Rtsl{ L-8l1 ii •.•V ¢`?? N.C. 28570 g PHONE/FAX: 1-252-247-6135 IuI?1 t K REVISED: 04/09/99 j Ilk ui ?I 31 3' I C I 3 ? s -1 .t.I e 1 . ? c I x _ V b 00 ya0 - ? Dp a0 a- ( ?C to ci ? b? i x I It •' K i W Q t J N f F x 0 ,. U .1,1,(,L t ?XI ZT1N G AoK A-1 a p+r'Y' V ?OiQo?? i r D SIP 1? ?{/° ys??v w EIS'