20031462 Ver 1_COMPLETE FILE_20031119

0
QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 23, 2003
DWQ# 03-1462
Craven County
Mr. & Mrs. W. Louis Cannon
4 Wilson Point
New Bern, NC, 28562
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. Cannon:
You have our approval, in accordance with the attached conditions, to usurp and/or shade 0.001 acre of non-
vegetated wetlands and creek bottom in order to add one uncovered boatlift, three step downs, and one finger pier to an
existing docking'facility at the Cannon pier on your property in Craven County, as described in your application received by
the Division of Water Quality on November 19, 2003. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Number 3400, which can be downloaded from our web site at
hfti3://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when 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, Water Supply Watershed,
Coastal Stormwater and U.S. Coast Guard 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 and the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in
the 401 Certification has been completed;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur;
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http•//h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748

Mr. & Mrs. W. Louis
December 23, 2003
Page 2 of 2
4. Sediment a d erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources as released the project;
If you do not ac ept 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, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter co pletes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, lease telephone Stephen Lane in our Washington Regional Office at [phone] or Cyndi Karoly
in our Central Office n Raleigh at [phone].
Sin erely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington D WO Regional Office
Central Files
File Copy
Doug Huggett, CM
Bob Baskervill, 84 Beard's Creek, Arapahoe, NC, 28510
031462

AM, 'WA
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
November 17, 2003
MEMORANDUM:
V'81462
WETLANDS 1401 rROUP
NOV Y g 2003
MATER QUAL/Ty SECTION
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: Mr. & Mrs. William Louis Cannon
Project Location: Craven County: 4 Wilson Point adjacent to the Trent River near New Bern
Proposed Project: The applicant proposes to add one uncovered boatlift, three step-downs and one
finger pier to existing docking facility to create a total of three fixed slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December 08, 2003. If you have any questions regarding the proposed project, please contact Ted Tyndall
at [phone]. When appropriate, in-depth comments with supporting data are 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
151-6 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled 110% Post Consumer Paper
i

Development Type
F?c DCM %.
DWQ %
045 2341)

1. Private, non-commercial
development that does not involve 5250 100;0 (5250) 0% (SO)
the filling or excavation of any
wetlands or open water areas:

II. Public or commercial develcpment
that does not involve the filling or 5400 100%($400)
0°0 (SO)
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 S250 100^0 (5250) 0°0 (SC)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
deve!opment, if General water Quality 5400
(S400)
100°0
0°0 (SO)
Cer ification No.3301 (see a,",ached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM sta°
determined that additional review and S-00 60%($240) 40% (5160)
wr"en DVIQ concurrence is needed
because of concerns related to water
qualih/ or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) 5400 60%(S240) 40°10 (5160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more 5475 60°0 (5285) 400,0 (S 190)
than one acre of wetlands and/or
open water areas:

DIVISION OF CPASTAL MANAGEMENT
FIELD INV STIGATION REPORT
1. APPLICANT'S NAME: Mr. and Mrs. William Louis Cannon
PROJECT NAME: Cannon Pier I
2. LOCATION OF PROJECT SITE:
Photo Index - 2000: 72-838 X22 1995.72-800 X17
State Plane Coordinates - X: 2,567,200 Y: 487,600
New Bern uadrangle Lower Left
GPS File # To be forwarded
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dz
W
5. PROCESSING PROCEDURE: Applica
Office -
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Craven C
Land Classification From LUP -
(B) AEC(s) Involved: PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existi g
Plann d
(F) Type of Structures: Existi g
(G) Estimated Annual Rate of
Source - Applicant
7. HABITAT DESCRIPTION:
es of Site Visit - 30 October 2003
Applicant Present - No
on Received - 21 October 2003
Morehead City
(Land), Conservation (Water)
- Septic tank
- N/A
- Single family residence, pier, platform, and two boatlifts
- Three step-downs, finger pier and single pole lift
is None
[AREA]
np Fnrlp n FTT.T FD OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 340 ft2 Usurped,
Creek Bottom of which
260 ft2
Shaded
(C) Other
Uplands
(D) Total Area Disturbed: 34
(E) Primary Nursery Area: N
(F) Water Classification: SB
8. PROJECT SUMMARY: Prop(
existing docking facility
ft` 0.001 ac
W NSW Open: No
es to add one uncovered boatlift, three step downs and one finger pier to
create a total of three fixed slips.
4.
Mr. and Mrs. William L. Cannon
Craven County
Project Setting
The applicants own a 0.86-acre parcel of land adjacent to the Trent River in Trent Woods
near New Bern in Craven County, North Carolina. The property is located at 4 Wilson Point. The site
is a developed residential lot that is vegetated with a mix of pines, upland grasses, landscape plants
and scattered oaks. The 261 ft long shoreline is stabilized with a vertical wooden bulkhead. Riprap
has been placed waterward of the bulkhead to increase protection of the shoreline. Elevation of the
property is 12 feet above the normal water level. The water is 4 %2 feet deep at the end of the
proposed structure. The applicant has an existing 6'x 90' pier with a 32'x 16' platform. One half of
the platform is covered with a roof. Adjacent to the pier are two uncovered boatlifts.
The property is located in a residential neighborhood on the north shore of the Trent River.
The properties to the east and west of the project area are developed lots with single family
residences. Both properties have private piers with slips for two vessels. The shoreline in this area is
bulkheaded. The lots are vegetated with landscape plants, mixed pines, upland grasses and scattered
hardwoods. The property is located on a narrow peninsula of land near the intersection of Wilson
Creek and the Trent River. Wilson Creek marks the dividing line between inland and coastal waters
classification on the Trent River.
At this location, the Trent River is classified SB SW NSW by the Environmental
Management Commission. The property is located in.the Neuse River Basin. The waters are closed
to the harvesting of shellfish.
Project Description
The applicants propose to constrict two 16' by 2' step-downs, a 30' by 6' finger pier, and an
8' by 2' step down. They also propose to install a 8' by 10' single pole skiff lift adjacent to the
existing pier.
Anticipated Impacts
The project as proposed would impact 340 ft2. The step-downs and finger piers would shade
260 square feet of river bottom, and the boatlift would usurp 80 square feet. As proposed, the entire
pier structure would provide permanent slips for three vessels. Short-term localized turbidity would
result from construction.
Tracey L. Wheeler -17 November 2003
0C . 2 zoo3
Form DChi-h?-1
APPLICATION
(To be completed by a11 applicants)
b. City, town, community or landmark
e1_1 eyv1
1. APPLICANT
,• Landowner:
CF wl `J") l
Name
Address a (A: tqG AJ ?t-
City ?z,,v - State 1L? t_
2-516,: 2- Day P one 3a__ _14.-l-me
Zip (p'7?'?721
Pax L-37-5383 (LowwarL)
a,",. La w Car n a r,
b. Authorized Agent:
Name G -
Address
City AP,,\ n lei p Er State f?' C
Zip Zj'C ' Day Phone
Pax 2, 3 7
C, Project name (if any)
NOTE: Permit will be issued in name of 1-downer(s), and/or
project Rine.
2. LOCATION OF PROPOSED
c. Street address or second road number
4? I g^ ,
d. is proposed work within city limits or planning
jurisdiction' Yes _ No
e. Name of body of wateerneares4 project (e.g. river,
creek, sound, bay) ? /_ /<' e `"
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
?. List all development activities you propose ( .g.
building a home, motel, marina, bulkhead, pier, excavation and/or filling activities.
b. Is the proposed activity maintenance of an existing
project, new work, or both? C- i,U?M' -
c. Will the projectbe for public, private or commercial
use? i? i a 91
d. Give a brief description of purpose, use, methods
constriction and . daily operations of proposed
project. If more space is Deeded, please attach
additional pages. -------
?(3 C li t? L 1 / J ?)
le. 'Dt' / tr P'V i
?' . ?ne.N?'- ( V-A l .
M 41.1 _ALC CIA
PROJECT
a. County
_..y
Form DCNI-MP-1
4. LAND AND WATER
CHARACTERISTICS
9 4, Acs
a. Size of entire tract -
b. Size of individual tot(s)
C. 1 p4 , ximate elevation of tract above
d. Soil type(s) and textuce(s)S ??t
(7vfkY 5 • .X
e. Vegetation on tract
f. Man-made features now on
r_ _1_1_..•4:. _:o., 6AAA-11
tn. Describe existing wastewater treatment facilities.
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.)
W or -

I o. Describe existing drinking water suppl source.
c 1i
LJ 13
--- 5. ADDITIONAL IIr'FOWAATION
- --------------
g. What is the CAMA Land Use l Plan land
classification of the site? (Consub the to land use plan.)
_ Conservation
Developed
Rural
h. How is the tract zoned by?local gov
i. Is the pro roject consistent m
zoning? 72Yes -No
(Arrach zoning -nVliance eenifoare, ifav
j. Has a professional archaeologi
done for the tract? Yes
if yes, by whom?
k. Is the project located in a 1
Historic District or does it
Register listed or eligible prope
Yes No
1. Are there wetlands on the site.
Coastal (marsh) Othe
if yes, has a delineation been c
(Arsach doa,,wntadon. if available)
nity
the.appl icabl e
assessment been
_I/ No
ational Registered
evolve a National
Yes X No
inducted?
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 applicanclaims t??
to the affected properties. If the applicant
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.
• Art 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 apart of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
C i 1 2003
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERN11SSION
TO ENTER ON' LAND -
• A Stormwater certifications 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 CoManagement. Upon signing this form, the applicant
further certifies that such notice has been provided.
l?ti.?\1 ul.
Name .., r? ?`?
Address
Phone .7
_ ' :011 4- fl
Name f'
Address 2 sy "1
Phone 3 7-
Name
Address
Phone
I understand that any permit issued in response to this
application will allow only the development described ins
the application. 'The project will be subject to condition
and restrictions contained ;q the permit.
I certify that to the best of my knowledge, the proposed
activity-Complies with the State of o Carolina
be
approved Coastal Management Program will
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 -LIL day of
• A list of previous state or federal permits issued for
- work on the project tract. Include permit numbers,
permittee, and issuing dates.
G } ,
eP_ ?A'l I /e_ A
• 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.
• 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.
Print Name
Signature
caner) or Au:horEzed agent
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
DCk1 MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-.'Y P-4
STRUCT
S
2003
(Construction within Public Trust Areas)
or
Attach this form to Joint Application for C=p]ereajaIl
Permit, Form DCM-MP-l. Be sure to other sections of the Joint Application which r late to
this proposed project.
Mooring buoys
/ (1) - Commercial -Community - Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community Private
(2) Number
(3) Leng.h (4) Wids of water body
(4) Width (5) Distance buoy(s) to be placed beyond
(5) Finger Piers ? Yes N shore:ine
(i) Number
(ii) Length .3 f. Mooring st icture oat mooring pilings, e:c.)
(iii) Nvidth (1) _ Commercial -Community P-'-Private
(6) PIa_?orm(s) y Yes N (2) Number
(i) Number 3 (3) Leng-di 1500 ??0. 5k;-PP lor+
(ii) Length !o (4) Width Si nal a aa(2
(iii) Width
(7) Dumber of slips proposed (r4' (t?f g. Other (Give ccrrplete descr?r.'on)
(8) Proximity of sLuc ?tre to adjac nt riparian
prope. L-v lines 32-
(9) N idth of water body 75'd J- -s
(10) 'Vva.er depth at .vaterward en of pier at
MLW or N 1/ 2 '
10 Boauh ouse (including covered lifts)
(1) Commercial
Private n
(2) Leag=h ?ail'11111Y1 l ? ?
(3) Width A
ppkant or Project Nam
,
Groin (e.g. wood, sheetpiie, etc.)
Signature
(1) Number /
3
(2) Length(s) a
Date
Break water (e.g. wood, shoe-pile, e c.)
(1) Length
(2) Average distance from W, NWL or
we*Iands
(3) Maximum distance beyond HW, NWL or
wetlands
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MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Stephen Lane
WQ Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mr. & Mrs. William Louis Cannon County Craven
Project Number 03 1462 County2
Recvd From DCM Region Washington
Received Date 11/19/03 Recvd By Region
Project Type one boatlift finger pier to existing docking facility
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
CAM A nnn-vet K Y Q N F_ 27-101-() SR Sw NSW 304.0 0.00 F_-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: DQ Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
2-18-03
cc: Regional Office
Central Office Page Number 1