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HomeMy WebLinkAbout20021296 Ver 1_COMPLETE FILE_20020814RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G, Ross Jr., Secretary August 9, 2002 ? 120C 6 MEMORANDUM .. John Dorney Division of Water Quality, Wetlands/401 Unit F M: Doug Huggett /,o Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW 6 ? Applicant: CHARLES THOMAS POSTON Project Location: BEAUFORT CTY ON SR 1746 AT 2221 BAYVIEW RD ON THE PAMLICO RIVER NEAR THE TOWN OF BATH, NC Proposed Project: THE APPLICANT PROPOSES TO ADD CATWALKS IN AN EXISTING BOATHOUSE AND CREATE 3 NEW OPEN WATER SLIPS ADJACENT AN EXISTING PLATFORM. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/28/02. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293. When appropriate, in-depth comments with supporting data is requested. Y 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. This agency objects to the project for reasons described in the attached comments. SIGNED ( ?U je?? T-" DATE 40 P 2--- U 1638 Mail Service C t19-733-1495 er, Raleigh, North Carolina 276 9-1638 P ne: 919-733-22931 FAX: 1 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 AffirmatiKe Action Employer- 50% Recycled 110% Post Consumer Paper c FEE DCM % DWQ % 14300 1601435100093 1625 6253 43001602 43510009 2341 L Private, non,- ommerdal development that dose not involve $250 100%($250) 0%($0) the filling or excavation of any or open water areas: II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) excavation of arty wetlands or open water areas. Ili. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water area, determine if A. B, C, or D below applies: III(A). For private, non-mmmerdai development, if General water Quality S250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(Br For public or commercial development, If General water Quality $400 100%($400) 0%($0) 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%($240) 40%($160) written DWQ ooncurrence is needed because of conoems related to water quality or aquatic Ufa: 111(D? If General Water Quality Certification No. 3301 (see attached) S400 60%(S240) 40%($160) can not be applied IV. For development that involves the filling and/or excavation of more $475 60% (S265) 40%($190) than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Charles Thomas Poston 2. LOCATION OF PROJECT SITE: Beaufort County on SR 1746 at 2221 Ba} River near the Town of Bath, North Carolina Photo Index - 2000: 102-1286; S-17 1995: 103-1112; V-10,11, W-10,11 i State Plane Coordinates - X: 2,650,200 Y: 622,600 Bath Quad. (upper left corner) GPS Rover File #H080115A 3: INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/01/2002 Was Applicant Present - YES iew Road on the Pamlico 5. PROCESSING PROCEDURE: Application Received - 08/05/2002 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (water, wetlands), Urban Transitional (land) (B) AEC(s) Involved: EW, PTA (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank and drain field Planned - N/A (F) Type of Structures: Existing - House, boathouse, bulkhead, pier with platform Planned - Catwalks in existing boathouse and pilings for slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands River bottom ±154.5 ftz shadin /catwalks (C) Other (D) Total Area Disturbed: ±0.02 acres (±994.5 ftz) (E) Primary Nursery Area: NO (F) Water Classification: SB-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to add catwalks in an existing boathouse and create 3 new open water slips adjacent an existing platform. Charles Thomas Poston 2221 Bayview Road Beaufort County Project setting The project site is located on SR 1746 at 2221 Bayview Road in the Breezy Shores subdivision on the Pamlico River near the Town of Bath in Beaufort,County, North Carolina. A house is present on the site as well as one out building. The property is vegetated with lawn grass, several pines and hardwood trees, and various landscape shrubs and flowers adjacent the dwelling. The property is bordered on the upstream (west) side by a developed lot with a bulkhead and riprap shoreline as well as a pier. The downstream (east) side of the applicant's property is bordered by a developed and bulkhead lot. The adjacent properties are vegetated similarly to the applicant's property. The applicant's property is bulkheaded and at the upstream (west) end of the site riprap and a wooden groin are present. A 5'4" wide by ±280' long pier with a ±619 ft' T-head and a ±12' by ±33' boathouse (dripline) exist ±35' from the downstream (east) property line. The total platform size of the existing T-head ±619 W. The project site is ±10' above the normal water level. The water depth at the end of the existing pier is -4.5'. The Pamlico River is classified as SB-NSW by the Environmental Management Commission at the project site. The Pamlico River at the project site is coastal water but is not open to shell fishing. Sporadic SAV's are present in the project area. Project description The applicant proposes to construct 1.5' wide by 13' long addition to the existing T-head to provide access to the existing jet ski lift. A 3.3' wide by 11.7' long and a 3' wide by 26' long catwalk are proposed to provide additional access in the existing boathouse. 3 pilings are proposed in the existing boathouse to act as bumper piles. The applicant proposes to add 33 of siding on the existing boathouse to cover the maximum of siding allowed by rule. 4 pilings are proposed adjacent the upstream side of the existing T-head to create two 20' wide by 21' long slips. An additional piling is proposed 20' waterward of the end of the T-head to create a jet ski mooring. The 3 proposed slips added to the existing 2 slips in the boathouse will give a total of 5 slips on the project site. Anticipated impacts The project as proposed will result in the shading of ±154.5 ft' of river bottom from the installation of the proposed catwalks and the creation of the proposed slips will result in a total impact of ±840 W. The addition of the platform and catwalks will bring the platform total to ±773.1 ftz out of a maximum of 900 ftz allowed by rule (4 ftz X 200' of shoreline = 900 ftz). The project as proposed will result in localized turbidity as a result of the construction activities. David W. Moye - 05 August 2002 Charles Thomas Poston PROJECT NARRATIVE Mr. Poston was issued LAMA General Permit 30869-B for a pier, deck and boathouse. Mr. Poston has used all that he is entitled to under the general permit process. This application is so that Mr. Poston can install catwalks to access the boat in the boathouse and provide additional mooring by the addition of pilings to accommodate 2 additional boats for guests. Form I)CM-MP-1 Revised 8/1/2002 APPLICATION (To be completed by all applicants) b. City, town, community or landmark West of the Villaae of Bavview 1. APPLICANT a. Landowner: Name Charles Thomas Poston c. Street address or secondary road number 2221 Bavview Road, Bath, SR 1746 d. Is proposed work within city limits or planning jurisdiction? Yes X No Address 2221 Bayview Road City Bath, State NC Zip 27808 Day Phone 252-923-1574 Fax 252-923-0249 b. Authorized Agent: Name Hood Richardson, PE Address 110 West Second Street City Washington, State NC Zip 27889 Day Phone 252-97513472 Fax 252-975-3751 c. Project name (if any) N/A NOTE: Penrrit will be issued in none of t mdowrur(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Beaufort e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico River 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. Improve existing boathouse by adding catwalks for access.Install 5 mooring pilings for 2 additional slips and 3 guard pilings inside. boathouse- 4 catwalk pilings. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Private 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. Serves private residence Improvements are or recreational use of owners and occasional guest. Pile driving will be from a barge. Catwalk construction will be carpentry additions to the exi.s inc boathouse. 2,.5 feet of additional siding is proposed for the boat house. Revised 03/95 Form DCM-MP-I 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.5 acres m. Describe existing wastewater treatment facilities. Septic tank. 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.) Surface water run off. n. b. Size of individual lot(s) 2 lots, 100 x 200 feet each c. Approximate elevation of tract above MHW or NWL 10 feet d. Soil type(s) and texture(s) of tract Sandy clay e. Vegetation on tract Lawn and Shrubbery. f. Man-made features now on tract Dwelling g. What is the CAMA Land Use Plan land classification of the site? (consult the local land use plan.) Conservation Developed Rural Urban X Transitional Community Other h. How is the tract zoned by local government? Not zoned, i. Is the proposed project consistent with the applicable zoning? Yes No N/A (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes x No If yes, by whom? N/A 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? Yes __2LNo Coastal (marsh) No Other No If yes, has a delineation been conducted? N/A (Attach documentation, if amilable) o. Describe existing drinking water supply source. County water system. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • 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 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 1/2' 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 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 Warren and Irene Page Address 2235 Bayview Road Phone Bath, NC 27808 Name Sarah L. Roder Address 376 Brookwood Drive Phone Hartsville, SC 29550 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA General Permit 30869-B • 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 w 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. 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 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 1 s t day of 1? 9 2 Prin ? Signatur Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. N/A DCM MP-2 Excavation and Fill Information NLA DCM MP-3 Upland Development x DCM MP-4 Structures Information NL DCM MP-5 Bridges and Culverts N/A 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 Form DCM-MP-4 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) N/A (1) _ Commercial -Community _ Private N/A (2) Number N/A (3) Length N/A (4) Width N/A (5) Finger Piers X Yes No (i) Number 2 (ii) Length 10' and 26' (iii) Width 3.3' c?nJ 3' (6) Platform(s) X Yes No Addition (i) Number 1 (ii) Length 13 " (iii) Width 1 6" (7) Number of slips proposed 5 (8) Proximity of structure to adjacent riparian property lines 21 ' (9) Width of water body 2.1 miles (10) Water depth at waterward end of pier at MLW or NWL 3' b. Boathouse (including covered lifts) (1) Commercial _ Private N/A (2) Length N/A (3) Width N/A ADDITIONAL 2.5 FEET OF c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. (1) Length (2) Average wetlands _ (3) Maximum wetlands _ e. Mooring buoys N /A Charles Thomas Postor (1) _ Commercial -Community __._ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water bod} (5) Distance buoy(s) shorel ine to be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) - Commercial -Community Y_ Private (2) Number 5 pilings for 3 slips (3) Length 211 (4) Width 2 0 ' g. Other (Give complete description) Install 139 square feet of additional catwalks for accessing the existing boat house- 3 pilings in the boat house for bumper pilings Charles Thomas Poston Ap ricant or Proj ame SIDING ON 4 SID N/A Signature t7 Iz- 4.1 0-L' Date wood, sheetpile, etc.) N/A distance from MHW, NWL or distance beyond MHW, NWL or Revised 03195 ., FOR REGISTRPTION REGISTER OF DEEDS JENNIFER LEGGETT YHITEHURST C NC eK 12 9 0 rc 7 3$ 2002UFEOT 01 02:06:39 PM BY. 1240 PG:730-740 FEE:S17.00 Nf REVENUE STAMP 770 00 1157RUMEW 0 2002000923 NORTH CAROLINA PREPAREDBY CARTEPARCHIE,HASSELL&SINGLETON,L.L.P. L ATTORNEYS AT LAW, POST OFFlcE DRAWER 2187 (1LJ BEAUFORT COUNTY WASHINGTON, NORTH CAROLINA 27889 THIS DEED, made and given this 1st day of February, 2002, by NBA, L.L.C., a North Carolina Limited Liability Company, hereinafter referred to as "Seller"; to Charles Thomas Poston and wife, Jane Barnes Poston of 1125 Woodland Drive, Wilson, N.C. 27896, hereinafter referred to as "Buyers"; )y11h[F,5.5E1H: That Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to it paid by Buyers, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto Buyers, their heirs and assigns, in fee simple, the following parcel or tract of land located in Bath Township, Beaufort County, North Carolina, and being more particularly described as follows: Being all of Lots No. 20 and 21 as shown on a map of Eureka Lumber Company's Plum Point Rivershore Lots on Pamlico River, of record on Map Book 8, Page 44, Beaufort County Registry. Said lots are the same as were conveyed to NBA, L.L.C. by Deed recorded in Book 1118, Page 129, Beaufort County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all privileges and appurtenances thereunto belonging or in anywise appertaining unto Buyers, their heirs and assigns, in fee, forever, subject to the following: 1. Beaufort County ad valorem taxes for 202 and subsequent years. 2. All easements, restrictions, and rights of way on record that affect the property. 3. Any portion of the property lying below the high water mark of the Pamlico River. BEIUIFORT COUNTY LAND RECORDS LR • FORM001 #--15-q-1 L ACCEP ED Land Records Official Oa sK1240ro739 And Seller covenants and warrants to and with Buyers, their heirs and assigns, that it is seized of the above described lands in fee and has the right to convey the same, that the same are free from all liens and encumbrances except those above set forth, and that subject only thereto Seller will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, Seller has caused this Deed to be executed by its Manager all by authority duly given. NBA, L.L.C BY: GER STATE OF NORTH CAROLINA COUNTY OF BEAUFORT C • AZ a Notary Public for said County and State, do hereby certify y? J6Zy-A1M1' Manager of NBA, LLC, a Limited Liability Company, personally appeared before me this day and acknowledged the due execution of the foregoing j ent on behalf of the company. . E • ... ?,,?ry• c?-..... "rP" D`a Notary Public ess my hand and official seal this the /aV'-day of February, 2002. P t1 . 41 TEAR OSTONMBA DEM I rIM 2 -2- o V, 0' I x r- O0 L 6 , N O o u m ? O V) C) D ,gyp \+'? --- - icy _ - ?[? --- ---- --?- --- _ , ,O. ?--- ,0Z i C? 0oa0 .4 i i .? S-- >o- ? g? Z ? 1 ? OD N J I' o S431 S `)NAQX 1 w N O a?` aO y n? E---,OZ a^??a ?? oao N p 'i.:l"'+??_1.?-.:.,d. «• ', :?{:. ?„ .? ^1r.: ... -a :i,nMR'. ?y:•'?"•.'`y°'?R: *'^'?'1tnaS. r- 0 ?7 : GJ (n m 7- .' c % 0,6 V N o D o z 0 laz ?°_ `q N p W 1 Z p y ^ O •??y NIC ' 0 N o 0 y a J 0 Cl } Y O Z Z Go C k 4ex r y? ??? u ji? O"Wim o O -D 0 o O N (f) m m o ? Z Z (n C) .???4c• ? s? :o' ? +,?., MAGNETIC C\ N.B. B. P. A4 `l . ? o ;v b x n !n n r i uo 0 0 0 -ohm r O x - °Z FMS N? `?? 0 c? H, NFT CINF - _ 'x - ° ? F?SNING Z NET C) ONE ? ?•A:yp rooms ?o .OOq cfb Cl o .S N Cti s 0 lie. ....... % K C C. .A ' 0 O ? ? qd Od U) d 61 0 'o J sp pO ?! ? j 0 / POW ,,.?. 1 ?. A. M _ .gyp `lids 1' ? ? 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