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HomeMy WebLinkAbout20001171 Ver 1_COMPLETE FILE_20000912State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Qo? D E N R 10 Kerr T. Stevens, Director October 12, 2000 DWQ# 00-1171 Brunswick County George and Nancy McNiff 246 Idabell Lane Beaufort, NC, 28516 APPROVAL of 401 Water Quality Certification Dear Mr. and Ms. McNiff You have our approval, in accordance with the attached conditions, to usurp 0.01 acre of non-vegetated wetlands in order to replace a pier on your property in Carteret County, as described in your application received 12 September 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Numbers 3274. This Certification allows you to use your CAMA Permit when it is issued by the Division of Coastal Management. 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 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 John Domey at 919-733-9646. Sincerely, Ci? Kerr T. Stevens i Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Attachment cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Doug Huggett, DCM File Copy Central Files 001171 lttDENR JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY DONNA D. MOFFITT DIRECTOR September 6, 2000 TO: FROM: SUBJECT: Applicant: Project Location: . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT 3` 2 SEA OUR Sl--,'T Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality Doug Huggett Major Permits Processing Coordinator 0011 71 CAMA/DREDGE & FILL Permit Application Review George R. McNiff, Jr. Carteret County. adjacent to Jonaquin Creek at the terminus of NCSR 1317 near the Community of Merrimon. Proposed Project: Proposes to remove an existing damaged 675.6 sq.ft. pier and platform and replace it with a 480 sq. ft. pier ( 4ft. X 120ft.). Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 27, 2000. If you have any questions regarding the proposed project, please contact M. Scott Jones 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 DATE DOME 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 1. APPLICANT'S NAME: George R. McNiff, Jr. 001171 246 Ida Bell Lane Beaufort, NC 28516 2. LOCATION OF PROJECT SITE: Adjacent to Jonaquin Creek at the terminus of NCSR 1317 near the Merrimon Community of Carteret County. Photo Index - 1989: 3-143-1 D-22 1995: 63-711 L-9, K-10 State Plane Coordinates - X: 2,707,900 Y: 440,800 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - July 19, 2000 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - August 31, 2000 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Carteret County Land Classification From LUP - Rural (B) AEC(s) Involved: PT, EW, ES © Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - individual subsurface septic system Planned - individual subsurface septic system (F) Type of Structures: Existing - residences, farm buildings, managed lawn, piers, boat ramp Planned - same as above (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nRPnnPn PTT T Pn ng,=D (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 480.2 usurped by docks © Other (D) Total Area Disturbed: 480 ft.2 (E) Primary Nursery Area: Yes (F) Water Classification: SA NSW Open: No FIELD INVESTIGATION REPORT: George R. McNiff, Jr. PAGE #2 8. PROJECT SUMMARY: The applicant proposes to remove an existing, damaged 675.6 ft.' pier and platform and replace it with a 480 ft.2 pier (4 ft. X 120 ft.). 9. NARRATIVE DESCRIPTION: Project Setting The applicant owns a 9.173 acre tract adjacent to Jonaquin Creek at the terminus of NCSR 1317 in the Merrimon Community of Carteret County. The site consists of several dwellings, multiple farm buildings, two piers, and a boat ramp. A large portion of the tract is used for hay production. Existing ground cover on the tract is primarily managed yard or agricultural field. The tract has approximately 200 ft. of frontage on Jonaquin Creek. Sixty-five feet of this frontage is currently stabilized via a wooden bulkhead. There are currently two existing piers on the property: 1) a 4.5 ft. X 115 ft. pier with a 10 ft. X 16 ft. landward platform adjacent to the boat ramp, and 2) a large 8 ft. X 88 ft. pier with three platforms measuring 8 ft. X 21 ft., 8 ft. X 10 ft., and 8 ft. X 8 ft. in front of the McNiff residence. The site is bordered on the west by a private residence and on the east by a developed tract also owned by the McNiff family. The site is approximately 3 ft. in elevation. Water depths immediately offshore fall from -1.0 ft. to -4 ft. gradually. Water depths in the center of the creek range from -5.5 ft. to -6.0 ft. Jonaquin Creek is a primary nursery area as defined by the NC Division of Marine Fisheries. This creek is classified as SA NSW by the NC Division of Water Quality and is not open to shell fishing. The creek is approximately 720 ft. wide at this location. No federally maintained channel exists in Jonaquin Creek. Project Description The applicant proposes to remove the small existing pier adjacent to the boat ramp and replace it with a 4 ft. X 120 ft. pier. The new pier will be divided into two legs: a 63 ft. leg and a 57 ft. leg. The landward leg will come offshore parallel to the existing pier. The waterward leg will veer of toward the McNiff's larger pier at an angle in order to meet the 15 ft. setback from the adjacent riparian property line. This configuration will also provide safer dockage for the small sail boats that are the primary user group of the ramp. There is no nigh ground development associated with this project. Anticipated Impacts Approximately 480 ft.2 of Estuarine Waters and Public Trust Waters would be usurped by the placement of the proposed docking structure. This value is actually 195 ft.2 less than the existing pier to be removed. Minor, short-term increases in turbidity would be expected during the removal and installation of the proposed docking structure. The structure's placement within the '/ distance limitation and within the general footprint of the existing pier to be removed would minimize impacts to the boating public. Scott Jones 4- DCM - Morehead City Field Office September 6, 2000 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark . 1. APPLICANT 2 Ff12 r ; n4E U? MpA1 C. Street address or secondary road number a. Landowner: j -p h?ia& U N C Pik iy Name Vic C Address -o?y(o nA'GE L i doh ' e State C city Zip o`Z Day Phone,2Yg Fax ? S? 7o?k- S 1011 b. Authorized Agent: Name Address City State d. Is proposed work within city limits or planning jurisdiction? Yes ,?(_ No e. Name of body of water nearest project (e.g. river, creek, sound, bay)\-'EM 12 III tQ (' et-7Q'- 3. DESCREFTION 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 ing activities. ?L f= L ?- Zip Day Phone Fax - c. Project name (if any) NOTE. Perndl will be i=ua in naw of landowner(s), and/or project naw. 2. LOCATION OF PROPOSED PROJECT a. County CO K j C- 4:: 1 b. Is the proposed activity mainte?n? ce?of an existing project, new work, or both? let' l G4 c. Will the project be for public, private or commercial use? iQ i ? 3 ?4 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. ( P ? e I -??10iDP I;Pire! @19, r)pl - - AII-A-ib F- ?AAU • c C-Inf 1A2 IRA BL%ZP-l L??Amrlaf Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract C? - 1-13 Oc.Jes b. Size of individual lot(s) "1 - 113 v4c yre c c. Approximate elevation of tract above MHW or NWL Li F_ee_T d. Soil type( %1 and texture(s) of tract e. Vegetation on tract te_ ?r_iA 1'i ?4L, MA m f. Man-made features now on tract oyijeS Cf?T??AC?2 RA n) S Hc-N g. What is the CAMA Land Use Plan land classification of the site? (cones the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? IJ C) V,\e- i. Is the proposed project consistent with the applicable zoning? L__ Yes No (Anach zoning compli=re eeniifi=e, if apptimbl,) j- Has a professional archaeological 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 or eligible property? Yes _X No 1. Are there wetlands on the site? A Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? S (Anach docunrn=don if available) . See. ftTCf?t[+C-D Drav,7 ocq-S assessment been X No in. Describe existing wastewater tr tment facilities. ?- Y4 i e, e Ti e 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.) 1 Wo _1P _F_ Spurrc-, 3`7 t c w141? A I S d'on e r TO , J"_n K1 A-aU_ ('%A C Y"P e?-- o. Describe existing drinking water supply source. ?- Dee a e Li 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: See > Tt4cke- . • 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 tide, plus written permission from the owner to carry out the project. • An ac mwate, 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.) S? e OTt"e&_ 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 unfamiIiar with the area to the Revicrd V14S Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. , • A Stormwater Certification, if one is ?ecqssary. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • 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 l - Q Address 0 02 Phone - 341 Name FZL,1 fP n S(1S4,,,) u • ?9R?r.l(,Pr Address /6o K Cn)?9l 6 - n) n 0 Ike- PSla ?(_er4ca,,.,-r 4016,-, ct, &A ??rar, Name Address Phone • A list of previous state or federal permits issued for work on the proj= 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. X 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. 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 wi11 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 then?) day ofd Print Name _ l 8 2 c,? ? FF, Signature - or 4 A Please indicate attachments pertaining to your proposed project. .aDCM MP-2 Excavation and Fill Information WA DCM MP-3 Upland Development DCM MP-4 Structures Information 41A- DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each atrachment in the space provided at the borrom of each form. 400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy. D-...-.1 n7Inc Form DCM-MR4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA M Permit, other se ajor Form DCM-MP-1. Be sure to complete all ctions of the Joint Application which relate t e. Moo O 1 ring buoys - Commercial -Community _ private o this proposed project. (2) Number ------ (3) Description of buoy a. Doc k(s) and/or Pier(s) (Color, inscription, size, anchor, etc.) (1) ._ Commercial _CommunityX Private (2) Number A: (3) Length (4) Width ?-{ (4) Width of water body (5) Fing er Piers Yes X No (5) Distance buoy(s) to be placed beyond (i) Number shoreline (ii) Length (iii) Width f. Mooring structure (boatIift, mooring pilings, etc.),,v/?} (6) Platform(s) Yes X No (1) (2) _ Commercial -Community _ Private N b (i) Number um er (ii) Length (3) Length (iii) Width (4) Width (7) Number of slips proposed DNC'r O (S) _ Proximity of structure to adjacent riparian g. ther (Give compleze description) property lines 15 (9) Width of water body -7 $ (10) Water depth at waterward ofd of pier at MLW or N`WL 3- (o Boathouse (including covered lifts) of (1) Commercial Private (2) Length (3) Width ?. Groin (e.g. wood, sheetpile, etc.) (1) Number ` (2) Length (s) d. Breakwater (e.g. wood, sheetpile, etc.) Jvlk- (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands AppIim o 1ec 4Ine,, A signatures C r - - I U a? ?a ano0 Date Q...,..._., nl,nr � � ,\ ,�, �. ,� `.. �, �- / `�.� �,/ � � / � � ) �\ �7 I \� (y 2 ng/ O¢? o j Y o Ld W 2 V ? 2?Wp yy O ??' r ( y U 2 ,, n ¢ f_ 40 2 ? o w h c? \ \ T ? a C3 m Z n - - -, ?? 6 8157 Q h N 7? l? c W ? . ? L.Li Zz ? Q `m z 180 FT' 20 0 20 40 60 ° R ' " - NO 5 =20 GRAPHIC SCALE: 1 TO N0 ? S W 1 W 2 0 3 1 u 2 awn \ 10 fXISTIN6 GROUND TOP Of DOCK E(. 3.0' END VEW 1" 6' CROSS BRACE 1 "X6" DECKING 1-1'X 10" STRINGER {_p _ -DECKING MEANSEA LEVEL 00' MEANLOWWATERISPLOWER I6'. CROSS BRACIN6 0 04 00 .-W AANO 10 0 AVTE ACTUAL STRUCTURAL DESIMYOT RS TYPICAL VfRTCA( SCALE 17-5' NU4lZON1Ai SCALE r=20' PROWVEW PIING AKEP&MDEPTNBYOTNERS SHEET J K -10 °ry°° ':°° 2+00 PROEIL E DRA WING AXEIMATAIW91 of LWT3jFDW600j4jWM zl -zta 30 ? 331 McNIFF PROPERTY. EXISTING/ DWELLING , t97 • 322 / [A1S11N6 CONCRETE BOA' RAMP x.-178 • 219 -335 59 85 zu7 WETLAND AREA TI BE?SED •355 / b4.19SOET Sta: 0+ 15.34 2.04 PITTMAN 131 Off. 0.00 ; TYPICAL SPOT ELEVATION PROPERTY stZi 2 73 3 10 ' 216 X1.52 7 x-218 •316 OS - L74 • 240 • 31< COASTAL l & 404 WETLANDS,, / G I. (? / i x4r79 % // 179 0 ?-l<7 ??//' • 287 - r14> 'TS J QG ° x457 ?? • -0901 7?gg 1 aV i =oe? a IX,;T/NG BUINHEA} 0 y-0.07 73 -1 <}? [XIS TIN5DOCK TOBEREMOVED \ 7 Z 2f` I TOTAL AREA=67560SO.FT ' 2n 1INCLUDES COVERED AREA) (CENTERLINE ALIGNMENT I O ? I , \ • 389 I co .-'62 1 I Z EXISTING DOCK TO REMAIN a f 0 zl ?- NI6H WATER LINE ml ILA C) . -2<6 to 7F-z? TYPICAL SOUNDING--329 ?l -29 -7 1- Oll PROPOSED NEW DOCK 3a TOTAL AREAz476.25 SOFT 1 1 1 U) • -4.68 - - 1 ?.u • 4M 20 0 20 40 60 JONAQUINS CREEK GRAPHIC SCALE: 1"=20' McNIFF PROPERTY 11ENf OR PRWECf NAME, GEORGE & NANCEY McNIFF SURVEY FOR MAJOR CAMA PERMIT SCALE AS DENOTED ON SHEET BY BAP SCALE TWP: MERRIMON COUNTY:CARTERET NORTH CAROLINA PRESFM OWNM. SAW AS ?eV.t REVIStONS DEED KF:601/320 MW W;nom TAY PIG-.140400619181 SFIELT: 2 JOB $:OODATA 00143MC SHEET1.DWG-00143MC.Cp )ATEOF FIELD SURVEY: DATE OF MADPWD: iUFNEY BY, DRAWN BY. ?.. JAMES I. PHIWPS LAND SURVEYING PA LAND SURVEYING AND PLANNING 1210 ARENDELL STREET MOREHEAD CITY, NORTH CAROLINA 252-240-4470 PHONE OR FAX EWt r.? e. ?9 f e+.__ Wetlands Tracking Facility Name George R. McNiff, Jr I County Carteret Project Number 00 1171 County2 0Inactive Region Wilmin on Project Type purpose of replace pier I DCM Office Morehead City Location Jonaquin Creek I COE Office Wilmington 401s Last Total Total Total Mit Recvd Sent to Recvd Action 401 401 Totals Mit Recvd From Date Region Region Date Last Action Acres Feet Acres Feet DCM 9/12/2000 9/13/2000 I I _ I I *1 Total for Project: inspections/ Violations Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St JOY ON MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: I Steenhuis WO Supervisor: Rink Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name George R. McNiff, Jr Project Number 00 1171 Recvd From DCM Received Date 9/12/00 Recvd By Region Project Type replace pier 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. BE CAMA F- P _Y__ N 21-35-7-3- SA HQW 30,504. r? 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: Q Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) 345616 Longitude (ddmmss) 763824 Comments: This agency has no obJection to the eject as goosed, cc: Regional Office Central Office Page Number 1 Facility Name George R. McNiff, Jr County Carteret Project Number 00 1171 Regional Contact: Date: J. Steenhuis 9/29/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2