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HomeMy WebLinkAbout20011570 Ver 1_COMPLETE FILE_20011024O?0 \ NA T FRQG r o `iii? -c Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality December 10, 2001 DWQ# 01-1570 Craven County Patrick Walsh 4202 N. Riverside Road New Bern, NC, 28560 APPROVAL of 401 Water Quality Certification Dear Mr. Walsh: You have our approval, in accordance with the attached conditions, to shade and usurp 0.03 acre of wetlands in order to extend the pier adjacent to your property in Craven County, as described in your application received by the Division of Water Quality on October 24, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3274, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . 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 in writing 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 Tom Steffens or Deborah Sawyer in our Washington Regional Office at (252) 946- 6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy - Doug Huggett Medford Marine Construction, P.O. Box 3556, New Bern, NC, 28560 i.D. 011570 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), httpJ/h2o.enr.state.nc.us/ncwetlands/ MEMORANDUM TO: John Dorney Regional Contact: Tom Steffens Non-Discharge Branch WO Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Patrick Walsh Project Number 01 1570 Recvd From DCM Received Date 10/24/01 Recvd By Region Project Type extend pier County CRAVEN County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class ' Acres Feet so Type Type Impact Score Index Prim. Supp. Basin Req. Req. 'iCAMA Waters O O N ?7-(1041 SB S,ai?rS??' 30,410. F_ ?- w Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y O N Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: Q Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue w/no conditions cc: Regional Office Central Office Page Number 1 October 22, 2001 MEMORANDUM: TO: FROM: SUBJECT: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Applicant: Patrick Walsh Project Location: Craven County, off of US Hwy 70, on Rivershore Drive, on the Neuse River, near New Bern, N.C. Proposed Project: Proposes to extend his existing pier to a total length of 253 ft. waterward of NWL, add one slip and one lift, and relocate one slip and one lift. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2001. If you have any questions regarding the proposed project, please contact Tracey Wheeler 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 .` OI M1 nlal Development Type FEE DCM % (143001601 4351000931625 6253) DWQ % (243001602 435100095 2341 1. Private, non-commercial development that does not involve 5250 100%($250) 0% (SO) the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or $400 100%($400) 0% (SO) excavation of any wetlands or open water areas: 111. 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 S250 100% ($250) 0% (SO) Certification No.3301 (see attached) ] can be applied: 111(B): For public or commercial development, if General water Quality $400 100%(S400) 0% (SO) 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%(S160) written DWQ concurrence is needed because of concerns related to wdter quality or aquatic life: III(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%($285) 40%($190) than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT 57 0 FIELD INVESTIGATION REPORT li APPLICANT'S NAME: Patrick Walsh 2. LOCATION OF PROJECT SITE: Craven County off US Highway 70, on Rivershore Dr. on the Neuse River near New Bern, North Carolina Photo Index- 2000: 212-810, M19 1995:70-772,R23 State Plane Coordinates - X: 2,603,400 Y: 470,800 Upper Broad Creek Quadrangle Lower Left Rover File # M101215B 3. INVESTIGATION TYPE: A &F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -16 August 2001 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 9 October 2001 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Residential (Land), Conservation (Water) (B) AEC(s) Involved: EW;-PTA (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - NA Planned - Sewer lines (F) Type of Structures: Existing - Single family residence, pier, boathouse, bulkhead, Planned - Extend dock, add boatlifts to pier (G) Estimated Annual Rate of Erosion: None Source - Field observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHRR (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 798 ft2 River Bottom Usurped 390 ft2 Shaded (C) Other (D) 1 otal Area Disturbed: 1,188 it` 0.03 ac (E) Primary Nursery Area: No (F) Water Classification: SB SW NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to extend his existing pier to a total length of 253 ft waterward of NWL, add one slip and one lift, and relocate one slip and one lift. Patrick Walsh Craven County Project Setting The applicant owns a one acre parcel of land adjacent to the Neuse River near New Bern in Craven County, North Carolina. The property is located approximately six miles south ofNew Bern, off of US Highway 17. The site is a developed residential property with a single family residence and an existing pier with a boathouse. The shoreline has been stabilized with a vertical bulkhead, constructed landward of the normal water level. The lot is vegetated with a few pine trees, mixed hardwoods, and lawn grasses. There is a sandy beach between the bulkhead and the Neuse River. The existing pier is 123 ft long, and approximately 5 ft wide. The boathouse is near the waterward end of the pier structure, and the roof covers two boatlifts and the walkway portion ofthe pier. There is 10 ft by 12 ft platform waterward of the existing boathouse. There are four slips currently associated with the pier structure. The boathouse contains two lifts, and there is an existing slip and boatlift at the end of the pier. A 3 ft by 10 ft catwalk extends from the platform, between the lift and slip. Water depths at the end of the pier range from 2 to 2.5 ft. The property is bordered on the north and south by developed residential lots with single family residences. Both lots are vegetated with a mix of upland grasses, landscaped areas, and naturally occurring woody vegetation. There is a paved road immediately to the west of the property that provides access to four residences upstream of the project site. The Neuse River forms the eastern property line. The Neuse River is classified SB SW NSW by the Environmental Management Commission and is not open to shell fishing at this location. Project Description The applicant proposes to add a 3 ft wide by 130 ft long extension to his existing pier. He also wants to reconfigure and add to the slips on his existing pier. He proposes to relocate an existing 12 ft by 14 ft boatlift to the end of the extension, to install a second 12 ft by 14 ft boatlift at the end of the pier, to create two 15 ft by 30 ft mooring slips, and to remove an existing 18 ft by 15 ft mooring slip. The additional length is being requested to allow the applicant to access deeper water. Water depths at the end of the proposed extension range from 4 to 4.5 ft below normal water level. Anticipated Impacts The project as proposed would impact 1,188 ft2. The proposed pier extension would shade 390 ft2, and the additional boat slip and additional boatlift would usurp 798 ft2 of public trust area. The proposed modification would provide permanent slips' for two additional vessels. Localized short-term turbidity increases would result from construction activities in the water. Tracey L. Wheeler -19 October 2001 rorm Lim :nr-1 APPLICATION.. (To be completed by all applicants) 1. APPLICANT a. Landowner: Name /?;9torl/c A/?/1 ,r/utcZr ???l?t? Address City /r/? ZG/2?/ State Zip 2 ? 0 Day Phone 23-)-623-? 70 ?ds?c1 (93 1? - 03 '(S- Fax Z?_ 7fJ Y C-' e-V E) b. Authorized Agent: ??Di .Name Address /e'12/^ XG y .3 Fs- b. City, town, cornmuy or_`I` *? _ ` L - ? ? r ? Td yr/1 a,??? C. Street address or secondary road number d. Is proposed work within ci limits or plannir; jurisdiction? _ yes No e. Name of body of water nearest proj= (e.g. river. creek, sound, bay) _?J/??CJL 3. DESCRIPTION AND PLAXNED USE a. OF PROPOSED PROJECT List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, at, excavation and/or filling activities. _eX ?"£sIie DOC,f /10 t ._/hU b-C 10,fe f Pz.7 SC. i/?rt Try END opt .? L, fT..S /,?.yD ? J'C ?.ol ?cwT /v S71 Ciry State Zip?? Day Phone 2J W b. Fax OJT- ?T?C/) Project name (if any) NOM. Pern t will be issued in name of lw dow (x), and/or project name. . LOCATION OF PROPOSED PROJECT County Is the proposed a iviry maintenance of an exiszins project, new work, or bath??Xr??`.?6 TccT- c. WiII the pro'e; t be for public, private or commercial use? d. Give a brief description of purpose, use, methods of com=cdon and dairy opwations of proposed project. If more spape is needed, please attach additional pages. fy'9T6 6--rE dGa BLO c?r'Li? o-7- "4- /Iece %vd o?0u ?? ;.yJ 4. LAND AND WATER CH.4RACTER1STICS a. Size of entire tract ?9C2C b. Size of individual lot(s) ILZ16?7, c. Approximate elevation of tract above MHW or Yw- L >?1Q d. Sou type(s) and texture(s) of tract CC•¢ l /'J'o TC e Vt.-!ration on tract e"Ti.?'tc?'t f. h`--:made features now on tract syf r/?/ g V=- is the CAMA Land Use Plan land C.`- a cation of the site? (co,..u rhr b., L? ?,- pL.;.) Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? i. L -=*! propos Oj= consistent with the appIlic able zor_ :? Yes No (A.--:wring pmplim:ce c-:ijscue, ifaaPli?lej . j. Has a professional archaeological assessment been don:1,br the tract? Yes No If yes, by whom? k. Is t_e project located in a National Registered District or does it involve a National Reg?`"=' listed o{ e?igioIe property? Yes X No Are t:ere wetlands on the site? Yes Y No Coar_" (marsh) Other If yes, has a delineation been conducted? (i?G.'.? Cdr-•??r,..i?:{?It? in. Describe existing wastewater treatment acuities. N1?1- n. Describe location and type of discharges to watzrs of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial e:uuert, "wash down' and residential discharges.) o. Describe existing drinking water supply source. C 11"V I 5. ADDITIONAL INNFOR IATION In addition to the completed application form, tL_ fbllowing items must be submitted: • A copy of the deed (with state application or-y) or other instrument under which the applicant claims tit.' e to the affected properties. If the applic_:nt is not claiming to be the owner of said grope=;, theZ forward a copy of the deed or other instrument under which the owner claims title, plus wrinen per a!ssion from the owner to carry out the projec- . • 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 V.0270; for a deviled description.) Please note that original drawings are prefe.; ad and only high quality copies will be accepted. BIus-Iine 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 par, of plat requirements and it must be sufficiently detailed to F.iide 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 =--sari. • 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 Copp 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. N?TT?Ch'?? Address ?Qoo tye?rSv?lc? Phone Name JUy 4 //LC?A?t Address /a ?-d%fi /tea t Phone Ci.37- Name Address Phone • A list of previous state or federal pe-amts s:s*a 1 for work on the project tract. Include per-mit numbers, permittee, and issuing dates. • A check for $250 made payable to the D=z.- =-ent Of Environment, Health, and Natural Resour= (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for proje.,s in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.GS. ILA - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the Noah Carolina Environmental Policy Act. 6. CERTIFICATION kN-D 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 m condition` and restrictions contained ;n the permit. I c.-.-miry that to the best of my imowIedge, the propose:: activity complies with the State of Norh CaroIina's approved Coastal Management Prog-Ln and will be conducted in a manner consistent with such prog-am. I certify that I am authorized to g mt, and do in fay, grant permission to represenunves of rte and federal review agencies to enter on the aforementioned lands in connection with evaluating information re:ated to this permit application and follow-up monitoring of tl±e Project- I further certify that the infor-ma: on provided in this appiicarion'is truthful to the bs of my Lmowiedge. This is the day of Print Name GAL %/?? C Lt/?<,?? K Signature '`•' Downer or A r??-a 4- _• Please indicate attachments per- to your proposed proje= DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development X DCM MP-4 Structures Informiation DCM MP-5 Bridges and Culverts DCM MP-6 Marina Deveiopmeat NOTE: Please sign and d=*e eacft a::acn.;wnt in the space provided at try bcr.om or each form. 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 .t/& (3) Length 1;1S- (4) Width _S ,9" i (5) Finger Piers Yes A` No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes No (i) Number ?Ale (ii) Length (iii) Width /y (7) Number of slips proposed fo GC/,? (8) Proximity of strucrure tg adjacent riparian property lines o7 (9) Width of water body ,3 i17?LE (10) Water depth at ware-ward end of pier at MLW or NWL .3! ?. Boathouse (including covered lifts) (1) Commercial X_ private (2) Length ! (3) Width /Z Groin (e.g. ood, shee ' e, etc.) n (1) Number 114114 (2) Length Breakwater (?g. wood, shee;pil , etc.) (1) Len_ath \ (2) Average dist ce om MHW, NWL or wetlands (3) Maximum ' tance'byvond MHW NWL or e. Moor' g buoys (1) Commeici ' -Comm (Z) Nu ber '?y - Private (3) Descr tion of buoy (Color, cription, ' e, anchor, etc.) (4) Width of ater bod (5) Distan buoy(s) Ito be placed beyond shor ine f. Mooring structure r (boatlitt mooring pilings etc.) (1) Commercial -Community private (2) Number (3) Length 3 ' 15- W3O i?( (4) Width l? g. Other (Give complete descrf=fon) Applicant or Project Name ------------ `S' tore - 9 112 o'l Date ised 03/95 s "'.? 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