HomeMy WebLinkAbout20011570 Ver 1_COMPLETE FILE_20011024O?0 \ NA T FRQG
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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
------------
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