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HomeMy WebLinkAbout20030068 Ver 1_COMPLETE FILE_20141001_.._ .......__.............. ...._ Permit Class Permit Number RENEWAL �t�t�3 C�o�B 161-07 MAINTENANCE -5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermirtobi for OCT 10 2014 X Major Development in an Area of Environmental Co ° NR wsr pursuant to NCGS 113A-118 a BUFFER EosO�rro� _2L Excavation and/or filling pursuant to NCGS 113-229 Issued to Howland Rock POA, Inc., PO Box 693, BeaufortNC 28516 Authorizing development in Carteret County at on the western shore of North River, at the Terminus of SR 1427 in Beaufort , as requested in the permittee's email dated 8/27/14 This permit, issued on October 1 2014 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This renewal shall be attached to the original Permit No. 161-07, which was issued on 10/23/07 as well as the subsequent minor modification issued on 1/27/09, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed D The date of plan revision and the permittee's signature shown anew on the original plan This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program Signed by the authority of the Secretary of DENK and the Chairman of the Coastal Resources Commission. (fil& Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: March 31, 2003 Regulatory Division Action ID No. 200300325 and State Permit No. 35-03 G WITLANOS/401 GROUP APR $ 20.03 ?MiMQ*N Howland Rock Property Owners Association, Inc. Post Office Box 693 Beaufort, North Carolina 28516 Dear Madams or Sirs: Reference your application for a Department of the Army permit to expand the boat basin into high ground and increase the number of boat slips from 6 to 9, construct a bulkhead and add a finger dock and two mooring pilings in a canal to the North River, at the end of SR 1427, off Highway 70, in Beaufort, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): \14 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region 1V Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 151-B Highway 24, Hestron Plaza H Morehead City, North Carolina 28557 2 MEMORANDUM TO: John Dorney Regional Contact: N. Lutheran Non-Discharge Branch WO Supervisor: R Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Howland Rock POA, Mr. Ed Wheatly County Carteret Project Number 03 0068 County2 Recvd From DCM Region Wilmington Received Date 1/24/03 Recvd By Region Project Type expand boat basin Certificates Permit Wetland Type Type CAMA Waters Mitigation MitigationType Wetland Type Acres Feet Stream Impacts (ft.) Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y Q N Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N Is Mitigation required? Q Y 0 N Recommendation: Q Issue 0 Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office has no objections to the project as proposed provided that the additional boat slips will not cause a shellfish closure and the Division of Shellfish Sanitation has no objections. A 401 Certjfication is not required for thjs eject. Stream Wetland Wetland Stream Class Acres Feet Impact Score Index Prim. Supp. Basin Req. Req. 1 Y O N F_ 21-35-1 SA ?- 30,504. 0.03 F_- i y ON cc: Regional Office Central Office Page Number 1 NCDENR 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 January 17, 2003 MEMORANDUM: 0,900 JAN 2 4 TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Howland Rock POA, Inc. /Mr. Ed Wheatly Project Location: Carteret County, the common area of an existing subdivision, located at the end of SR 1427 (North Shore Dr.) off of Hwy 70 in Beaufort, N.C. Proposed Project: Proposes to expand the boat basin currently offering 6 slips into one offering 9 slips. This is to be accomplished by expanding the basin into the highground of the common area, stabilizing it with a bulkhead, adding a finger dock and two mooring pilings. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 8, 2003. If you have any questions regarding the proposed project, please contact Tere Barrett 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. 151-B Hwy. 24, Hestron Plaza II, Word City, North Carolina 28557 SIGNED Phene: 252 808 2808 N FAv I_47nternet: . An Equal opportunity \ Affirmative Action Employer - 50%a Recycled 110% Post Consumer Paper Dev lopment Type FEE DCM % DWQ % 143001601435100093 1625 6253 24300 1602 435100095 2341 1. Private, no commercial development hat does not involve $250 100%($250) 0%($0) the filling o excavation of any wetland r open water areas: II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands or open water areas: III. 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 5250 100%(S250) 0% (SO) Certification No.3301 (see attached) can be applied: III(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%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) $400 60%(S240) 40%(S160) can not be applied: IV. For development that involves the filling and/or excavation of more $475 60%(S285) 40%($190) than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Howland Rock Property Owners, Inc./ Mr. Ed Wheatly 2. LOCATION OF PROJECT SITE: The project site is the common area of an existing subdivision, located at the end of SR 1427 (North Shore Dr.) off of Hwy 70 in Beaufort, NC. Photo Index - 2000: 48-591, grid L-15 1995: 48-575, grid N-21,22 State Plane Coordinates - X: 2725000 Y: 364000 Rover # L010720A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 07, 2003 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - January 06, 2003 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Boat basin with 6 slips, ramp, bulkhead Planned - Enlarged basin with addition of 3 slips (G) Estimated Annual Rate of Erosio n: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED (A) Vegetated Wetlands - None (B) Non-Vegetated Wetlands - None (C) Other - High Ground Open Water 640 sf 500 sf 60 sf (D) Total Area Disturbed: 1200 sf (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is the association of the Howland Rock Property Owners. The proposal is to expand the boat basin currently offering 6 slips into one offering 9 slips. This is to be accomplished by expanding the basin into the high ground of the common area, stabilizing it with a bulkhead, adding a finger dock and two mooring pilings. FIELD INVESTIGATION REPORT Page 02 --------------------------- 9. NARRATIVE DESCRIPTION: The project site lies at the end of SR 1427 or North Shore Drive, off of Highway 70 in Beaufort. This is an existing and established residential subdivision with individual docking facilities on the North River and on a maintained canal, and community access and dockage within the common area at the mouth of the canal. The common property (approximately 20,000 sf) currently has a high ground basin stabilized with a bulkhead, and offers 6 boat slips and an access ramp. A community gazebo, unimproved parking, and a small pier extending into the North River also exist on the common property. There are no water or sewer amenities available within the common area. The basin and canal are regularly maintained to -4' nlw. There are no wetlands on the canal side of the property, while the northeast shoreline of the property bordering the river is an expanse of coastal marsh. The canal itself is approximately 30' across at the project site, with the basin extending another 30' inland. The property is approximately +5' msl in elevation, and is vegetated with common grasses and weeds. The Town of Beaufort Land Use Plan designates this project area as Conservation by virtue of its location within the AEC; the waters of the river at this point are open to the taking of shellfish; the area is not designated as a PNA; the waters are classified by the DWQ as SA. The proposal is to expand the existing basin in a southeast direction into the high ground. The addition would be 20' parallel to the shoreline and approximately 31' perpendicular to the water. The excavation would be to -4' nlw, and would require the removal of approximately 213 cubic yards of sandy high ground substrate. The excavation method is proposed to be backhoe, and spoil will be removed to an approved inland location. The new portion of the basin is proposed to be stabilized by a 50' timber bulkhead, 30' perpendicular to the water, and 20' parallel to and connecting to the original landward wall. A new 20' x 3' finger dock will be added 10'2" from the southeast end. The finger currently at the northwest end will be relocated 10'2" eastward. A new dock will be added along the westward edge bulkhead to enable access to this slip. This dock will be 3' in width and approximately 39' in length. The bulkhead abuts the property line of an individual residence, and the owner of the residence has waived the riparian corridor setback conditional upon the community fencing being extended another +20' to the water's edge. This fence will be within the coastal shoreline buffer. The intent is to discourage users of the facility from coming onto individual property while using the dock. Two mooring pilings will be added to the existing 11 to be reoriented, for a total of 13. The end result of the new design and expansion will be an increase from 6 to 9 slips of approximately 10' x 30' in size. Total area incorporated by the basin/docking facility will be approximately 4624 sf. The ramp will remain unchanged. The use will continue to be for the homeowners within the subdivision. 10. ANTICIPATED IMPACTS: The proposal will disturb approximately 640 sf of high ground and require the removal of approximately 213 cubic yards of this material. Another ±500 sf of high ground will be disturbed for the installation of the bulkhead. The project will result in the addition of 3 boat slips, and shading of 60 sf of newly created open water space. T. Barrett January 17, 2003 Morehead City Form DCM-NIP-1 APPLICATION (ro be completed by all applicants) b. City, towny commun ry o landmark d e 1. APPLICANT c. Street address or secondary road number ?,n ?:r° n ? Sly r 42 7 ?oj a. Landowner: n1` d. Is proposed wor15 within city limits or planning Name v v0 ?a /t?t uc__ l 1 r? rr ?, C?w;t u s, hC jurisdiction? Yes No Address 1' (l l d y- e. Name of body of water nearest project (e.g. river, (n? City State N creek, sound, bay) /Vo r77, , J r/ I'jeau ?oe ? ?-- . Zip . -?.5 /? Day Phone 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name I 11A eaV-l L,1 Address (gar /("' City yl?e a a ?v- ? State /U a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or hfilling activities . aa7'-A vl u 4 Zip ?S Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? i-7 P ,..? v?,yr k Fax c, Project name (if any) NOTE: Perrrdt will be issued in name of 1andox7wr(s), and/or project nano. , private or commercial ic c. Will the project be for M.'rm use? u ?t r 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. ArU_a „c ,, Vn e i /a.,G P s 2. LOCATION OF PROPOSED PROJECT a. County (,Ct? V?/ t Form DChi-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ?)l? O b. Size of individual lot(s) c. Approximate elevation of tract above Iv[HW or NWL ' d. Soil type(s) and texture() of tract an 10) L/I e. Vegetation on tract a ills l l ?) rc7 5 S N m. Describe existing wastewater treatment facilities. /1,'. n, Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and esidential discharges.) o. Describe existing drinking water supply source. f. 1`4anm de tt ures now o tract i ADDITIONAL INTO) 1 :? i1 /Jr i1 _!l 0t-, lc/5 g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consuli local land us`pla"') following items must be submitted: Conservation V/ Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. Is the proposedproject consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological as7ennt been 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 e tgible property? Yes No 1. Are there wetlands on the site? -5,4/yes Coastal (marsh) ? Other If yes, has a delineation been conducted? (Attach documentation, if available) No • A copy or 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 Coastal Resources Commission Rule 7!.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 of applicant. (Contact the U.S. Army 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 Form DCM-MP4 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. pock(s) and/or Pier(s) (1) _ Commercial V Community _ Privat (2) Number (3) Length (4) Width (5) Finger Piers Yes No (i) Number 3 (ii) Length 40, 6 rTc? (iii) Width 3? (6) Platform(s) Yes No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 3 7177/ 17 1? (8) Proximity of structure to adjacent riparian property lines 1, ro loo l (9) Width of water body >0 (10) Water depth at waterward end of pier MLW or NWL 3 / 70 q MLK b. boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width e. Mooring buoys 1? or 10 1) -'CID (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) e f. )91 at c. Clroin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) fireakwater (e.g. wood, sheetpile, etc.) 1) Length f2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond wetlands MHW, NWL or (4) (5) Width of water body _ Distance buoy(s) to shoreline Mooring structure (boatlift, coring p tngs etc.) (1) _ Commercial _Co unt y _ Private (2) Number (3) Length (4) Width Other (Give complete description) A?vti/ R1 J Qc,c 16 P?°? ?v7 !VG Applicant or Project N Signature T Date be placed beyond Re*le 03/95 r Form DCM-MP-1 site. Include highway or secondary road (SR) CERTIFICATION AND PERMISSION 6 numbers, landmarks, and the like. . TO ENTER ON LAND • A Stormwater Certification, if one is necessary. I understand that any permit issued in response to this • A list of the names and complete addresses of the application will allow only the development described in adjacent waterfront (riparian) landowners and the application. The project will be subject to conditions signed return receipts as proof that such owners ? the permit. and restrictions contained i have received a copy of the application and plats by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed ' that they have 30 days in which to submit comments s activiry?omplies with the State of North Carolina on the proposed project to the Division of Coastal proved Coastal Management Program and will be ap' Management. Upon signing this form, the applicant nducted in a manner consistent with such program. co further certifies that such notice has been provided. 55 /? ^r?G?C /???' ?a'Y???1geout I certify that I am authorized to grant, and do in fact, Cur ral d d f s , Name 17, zLy9 N !2',r'e 9 ruv A-C Address e e grant permission to representatives of state an encies to enter on the aforementioned lands in i Phone ew ag rev connection with evaluating information related to this permit application and follow-up monitoring of the Name N?r Address project. Phone S U I further certify that the information provided in this application is truthful to the best of my knowledge. Name Address Phone day of l2e, Nm 1,7 ?-- This is the )L4 • A list of previous state or federal permits issued for _ work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Signature 4 L '-!e w? r A :eA caner or Awu .O g nP 1 /t • A check made payable to the Department of Environment, Health, and Natural Resources (DEHN-R) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. Please indicate attachmeots pertaining to your proposed project. "/DCM MP-2 Excavation and Fill Information DCM M2-3 Upland Development ?/ DCM MP-4 Structures Information DCM M9-5 Bridges and Culverts _ DCM MP-6 Marina Development • 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 land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NOTE: Please sign and date each attachment in the space provided a.' the bottom of each form. Form DCNI-MP-2 EXCAVATION AND FILL (Except bridges and culverts) 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 that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final E=ti.ag Project Leagth Width Depth Depth Access channel (htLw? or (iv'WL) Canal Boat basin Boat ramp Rock groin Rock breakwater Cher (Exc',udin3 ahorcUnc stabiHzation) fo , b' f.`rvn 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated Sa A c. Does the area to be excavated include coastal tation wetlands (marsh), submerged aquatic ZNo (SAVs) or other wetlands? Yes i f d. Highground excavation in cubic yards % 70:? i 2. DISPOSAL OF EXCAVATED MATERIAL a. Location/ of disposal area ?v tiel 11all-ed awa-7 b. Dimensions of disposal area ati i?,ic,? c. Do you claim title to disposal area? Yes _Z No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? /? /? Form DCh1-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or ther wetlands? Yes No f. Does the disposal in Jude any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type o shoreline stabilization Bulkhead Riprap i b. Length Is-/) c. Average distance waterward of MHW or NWL . d. Maximum distance waterward of MHW or NWL 0 e. Shoreline erosionCd ring preceding 12 months (Source of information) f. Type of bulkhead or riprap maters W o U Cr? g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill 0 h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be )?nought to site? Yes \/ No If Yes, (1) Amount of material to water (2) Dimensions of fill area (3) Purpose of fill be placed b. Will fill material be placed in coastal wet (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept or and erosion controlled? b. What type of construction equipment will be (for example, dragline, backhoe, or hydr dredge)? / h67616 0E?.?Qytr76 5 a c. Will wetlands be crDssed in transporting equip to project site? Yes No If yes, explain steps that will be taken to le environmental impacts. HO VL/ 1"Id 12,6,16 Applicant or Project Name-L' $ign3ture ?LC m.vr i d- // q10 Date Revised 03/95 G C'0 Vt6fi, ?11 Mkp AOJ1Asj,? Rcc iI f'?Up?_r?? ??e?s c•F Lf N A O N .A l.n 3 MAPnv?sT'"? ?! '.r kiO Howland p? ?<) d } a? 1 1?1P (0)9(,t 5 ib3 61 n ?d orich0 Dr *+ ?. - s u -.' -« 02002 1`43pQuest.com. Inc.; 02002 GDT. Inc. 1 Sh , ?l Ste?F? 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