20010177 Ver 1_COMPLETE FILE_20010205

O?O? wAT ?9QG
co [XLKaV7
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 23, 2001
DWQ# 01-0177
Craven County
Thomas A. Bayliss, III
3021 Riveu Lane
New Bern, NC, 28562
APPROVAL of 401 Water Quality Certification
Dear Mr. Bayliss:
You have our approval, in accordance with the attached conditions, to usurp 0.007 acre of non-vegetated wetlands
in order to install a boat house over an existing lift on your property in Craven County, as described in your application
received by the Division of Water Quality on February 5, 2001. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA
Permit when it is issued by the NC 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, 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 conforming to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
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 Dorney at 919-733-9646.
Sincerely,
r Stevens
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office .
Central Files
File Copy
Doug Huggett
Foley and Foley, 1810 Old Airport Road, New Bern, NC, 28560
010177
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
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North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
February 1, 2001
MEMORANDUM:
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
A ,-
MCDE ,l?
X 0101 77

SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas A. Bayliss, III
Project Location: Craven County, adjacent to the Trent River at 3021 River Lane in the
Old Town community of New Bern.
Proposed Project: Proposes to construct a 12' X 24' roof over an existing boadift.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by February 22, 2001. If you have any questions regarding the proposed project,
please contact Scott Jones at [phone]. 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.
4F
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
Morehead City District \ 151-B Hwy. 24, Hestron Plaza H
Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: http-.Hdcm2.enr.state.nc.us
AN EOUAL.OPPORTITNTTY \ AMRMATTV77 ACTTr)M FMPT ()YT.R _ tnoi VT:rvrT T:n / lnoi Dnc'r rnnATer T1k1VD DADUD
010,77
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas A. Bayliss, III c/o Dan Foley, Foley & Foley
2. LOCATION OF PROJECT SITE: Craven County, adjacent to the Trent River
at 3021 River Lane in the Old Town community of New Bern, Craven County
Photo Index - 2000: 210-850 M14-M15 1995: 71-791 015, P15
State Plane Coordinates - X: 2,579,800 Y: 4881100
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visits - June 22, July 18,
September 26, November 18, 2000, and
January 31, 2001
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - January 24, 2001
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - City of New Bern
Land Classification From LUP - Limited Transition
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Individual septic system
Planned - same
(F) Type of Structures: Existing - 6'X256' pier, 12'X36' platform
(12'X12' portion covered), 3'X12' finger pier,
3'X31' finger pier, 3'X27' finger pier, 12'X24'
boat house including lift, 12'X12' boat lift, four
tie poles, and two single pole jet ski lifts.
Planned - same as above with the following
additions or modifications install 12'X24' roof
over existing open boat lift
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A n
FIELD INVESTIGATION REPORT:
Thomas A. Bayliss III
PAGE #2
7.
8.
9.
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHRR
A Vegetated Wetlands
(B) Non-Vegetated Wetlands
PTA EW 288 ft.' usurped
C Other
(D) Total Area Disturbed: 288 ft.'
(E) Primary Nursery Area: No
(F) Water Classification: SB SW NSW Open: No
PROJECT SUMMARY: The applicant proposes to install a 12'X24' boathouse over
an existing lift.
NARRATIVE DESCRIPTION:
Project Setting
The applicant owns a 1.15 acre landscaped, residential lot adjacent to Trent River at 3021
River Lane in the Old Town community of New Bern, Craven County. The lot is
approximately 7 ft. above mean sea level has 115 ft. of shoreline. The Trent River is
approximately 1200 ft. wide at the project site and is classified SB SW NSW by the NC
Division of Water Quality. The site is approximately 2.4 miles downstream of the mouth
of Wilson Creek, which is the delineation between estuarine and inland waters. The entire
shoreline along this portion of the Trent is dominated by individual residential lots. A
private marina is located approximately 1.5 miles upstream of this location. Primary uses
of the Trent River in this area include recreational boating and fishing.
h
FIELD INVESTIGATION REPORT:
Thomas A. Bayliss III
PAGE #3
Currently, the dock layout is as follows: a 6 ft. X 256 ft. pier leads to a 12 ft. X 36 ft.
platform of which a 12 ft. X 12 ft. portion is covered; from this platform a 3 ft. X 12 ft.
finger pier extends upstream; waterward of the platform are 4 tie poles delineating a single
slip for a large vessel. Two boat lifts are situated on the landward side of the platform and
are separated by two finger piers 3 ft. X 31 ft. and 3 ft. X 27 ft. respectively. The lift
closest to the platform is covered by a 12 ft. X 24 ft. roof. The applicant is seeking to
cover the other lift through this permit application. Two single pole jet ski lifts are located
immediately adjacent to the pier about half the distance out from shore. The applicant
currently has vessels in all of the existing lifts. Only the outer slip delineated by four tie
poles is vacant. Existing water depths around the dock and lifts range between -3.0 to -5.0
NWL.
Project Description
The applicant proposes to install a 12 ft. X 24 ft. roof over an existing boatlift. Other
existing structures preclude the applicant from seeking this authorization via a CAMA
General Permit. Construction methods used during the project will include a barge and
crane for the installation of the pilings. Land based activities will include access for
workers and the delivery/removal of construction materials. There will be no upland
development or land disturbing activities during the proposed construction. There will be
no walls or siding for the boathouse as part of the proposed construction.
Anticipated Impacts
The proposed development would result in the shading of an additional 288 ft.' of public
trust waters. Some temporary, construction related increases in turbidity can be expected
during the installation of new pilings and related construction activities. While the entire
project area involves 288 ft.', the existing structural footprint will not increase. The
combined roof area over public trust waters after the project will be 612 ft.'.
Scott Jones - DCM-Morehead City Field Office February 1, 2001
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Form DCM-M -1
APPLICATIO.
(To be completed by all applicants) JAN 12 2001
i. ?
` i
COASTALMANAGE-MENT
b. City, town, community, n? , r iaiYri?„i;T -AD
1. APPLICANT u' ?3
c. Street address or secondary road number
a. Landowner: " ?o l<R 1 a , N
Name 0 d. Is proposed work w'thin city limits or planning
jurisdiction? Yes No
Address ?15"? 1 6
e. Name of body of water nearest project (e.g. river,
city A 4 2 136oj State Al-C• creek, sound, bay)-=F.3 P. Zip AM Day Phone 12 -"tiff, .'r/ 1.1-
Fax 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name 'FO kF..i, i, 14661-m x , a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Address )0 nL?Q? l4 \? Pp o R excavation and/or filling activities.
,
City )V & 13 13F.atw State .4J C - d F--A 1 a -U-4 T 1 x J u,
Zip Day Phone J .C2- Lk - t-it' b. Is the proposed activity maintenance of an existing
project, new work, or both? N& (idQ
Fax QS,2-t.16- - 7/;t 7
c. Will the pr 'ect be for public, private or commercial
use? - : L/9.T?
c. Project name (if any)
T 10. 19.Q:,1: e r d.0 + a, d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE: Permit will be issued in name oj/andowner(s), and/or project. If more space is needed, please attach
project name. additional pages.
n
I ?
2. LOCATION OF PROPOSED- ,.?
PROJECT
a. County C&QF_Q
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1 s q e-
b. Size of individual lot(s) I S ac.
C. Approximate elevation of tract above MHW or
NWL Q` d. Soil type(s) and texture(s) of tract.
C,6,hA?g91 CP6.,&a ca. Ser L detuE,
e. Vegetation on tract E-r t
d? h16 Ad 6'3E A&#
f. Man-made features now on tract Now Ar -i-
l26wr 'Docir-
g. What is the CAMA Land Use Plan land
classification of the site? (Consuit the local land use plan.)
Conservation Transitional
Developed _?z"'Community
Rural Other
h. How is the tract zoned by local government?
1"F 'I
L ?..
t ?l JAN ? 2 2001 4
m. Describe existing wastteTwate? treatment facilities.
`?? s] r?•?. ? ?1n ?•T1i AR/: >:i;nc`rtA Cfe.?.--s
e
tJiO?Ef-!=hD
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.)
S u R i a crt Rcs a 64 o6dy
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy ofthe 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 I V white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
i. Is the proposed eject consistent with the applicable
zoning? =Yes No
(Attach zoning compliance tern; ficwe, if applicabk)
j•
Has a professional
done for the tract?
If yes, by whom?.
archaeological asses ment been
Yes 1 No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or el' 'ble property?
Yes No
1. Are there wetlands on site? ? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? ; S
(Anach docunwntation, if available)
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
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 Ege"_.?r 1JL 4.,Jz,,
Address 3 a i 4 it u r.,. K&J a' u 9.0 47&
Phone asA - Xy -M7.1 AL('.
Name
Address
Phone
Name -tewwr A. 1?a,•,t.1i 1T
Address 76A.? 1 vl,- ZojA At" RRaa
Phone _AS2 - 6.3F- pATy
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
-- C4 wt r4 9A A J
- - - 92
• 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.
6. CERTMCATI
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1 ice, I ?( ?r
;IJ it / ?11
! .;.
JAN 12 2001 f,
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 J1 day of J-4-J_, "204 j
Print
Signature JJAo t-
Landovmer or Authorized Ag at
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM 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
JAN-24-2001 WED 08:46 AM NC DIV OF COASTAL MGMNT
A ;- 141 "q_'rA-;Ylt`-4
STRUCTURES
(Construction within Public Trust A.e2s)
Attach this m fbrM to joint App
Permit lication for CA34A Major
, Form DC M MP?I. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a• Dock(s) and/or Pier(s)
(I) ' CO , , ercial Con unity - Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes
(i) Number
(ii) Length
(iii) Width
(6) Platform (s) Yes ______ No
(i) Number
(ii) Lenrh
(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 waterxard end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) -- Commarcia?
(2) Length Private
(3) Width
c• Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e 'a, wood, sheetpile, etc.)
(1) Length
(2) Average distance from
wetlands MEW, NWL or
(3) Maximum distance beyond MHW, j?yL or
wetlands
Revised 03195
FAX NO. 2522473330 P. 03
JAN 2 4 200,
e. Mooring buoys
(l) Commerciat - _Conttnunity 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 .,Communi
(2) Number ty s private
(3) Length
(4) Width
?• Order (Give mvL.le deseripnttse?
r t ?.
P t or Froject Nestle
Signature
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Date

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