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HomeMy WebLinkAbout19970082 Ver 1_Complete File_19970307State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Thomas Matthews 2645 Temples Point Road Havelock, NC 28532 Dear Mr. Matthews: I LT.W?FA �EHNR March 7, 1997 Craven County WQC 401 Project #970082 You have our approval, in accordance with the attached conditions, to install 33 outer tie pilings at Matthews Point Marina, as you described in your application dated 29 January 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. 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 and you may be required to send us a new application. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General 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 which conforms 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 John Dorney at 919- 733 -1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Nfi' Jahn Dorney Central Files John Parker, DCM Sincerely, P.to n Howar , r. P.E. 970082.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 -733 -1786 FAX # 733 -9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled /100% post consumer paper DEHNR Fax:9199753716 Mar 11 '97 11:32 P.02/05 D isioii of Wat er Quality March. 51) 1997 To: . xohnYarker DC44Weigh . .. From: � . Fzrri Mulligan, Regional Supervisor %J Sub e0t. CAl A.Major Permit Application Review Comments Project # •FY97 -095 Matthews Point Marina Crav= County ter above s ed :project has been. reviewed by this. office. There is no fill proposed by the applicant ' ih waters or :_•w,:tlanits U=efore there is no -Section 401 req*ed. Review of this project for a : tez xiitta io i of` rhethorwater quality standar4s-wilt'be violated has been made and a determination -m de:4hat there should be no violation.•'of the S;iate water quality standards if the project is cted.as proposed. 'Phis office has no objections to the issuance of the CAMA Major Permit. Ifyou liave . any questions or comments, please call this office at (919)946-6481. Thank you. cc: Deboi:ah Sawyer Jahn: Dom8y. WaRO File : 'Central File _ DEHNR Fax : 9199753716 Mar 11 '9? 1133 P.03/05 O;fy:.3CN�3I1' J,yo- zIIe -i . ' ` P1aiin Branch . ' DIW31c d OF $D V ROI11MNTAL MMGV= _ ' CAWCOR PMOUT APMCATION R89IEw iaRp . PRsG'1r; f ~ D • �y� � • • 3iQ Siii>SQA s . 3I%F.OBtiATION FOR.: COAL :OFFICE!. 7RACEn4G NO.: ' COUNTY. . '. . • • .. CPOF, f.; 1YPB: A .; Bn 'gxxa ODs: DM g ', 1�CDA: 1 1 wago DATBoH T t' OR &DTACW fATER BODY:C Sr c Opm OR. s,M INDEX if: L. ACT-. .,'� '� WL .T.ypE: rigs: iiL Aqt 'EST; GNECT?: WL SCARE: Ic;4TxfAtT mm ITTIGAT ON; .S�Z$: SmmT—.ATTACHM? . RE'ffiiiDATION: �CsStS /COl® Dy HOT,D 4TOWNATER PLAN REQ�D: � IF YES, DATE APPROVED: A44 -#-e WATER; AI�Z'1'Y:' CSRT_ (4 01) RZ -IF; YES, TYPE: �4GE�_D%S 09 AL TYPE OF. DZSPOSAL OSED: r ISTI , PROPOSED, SEPT,�C . To! BE: PERM.Ii'T t DEt�i, Dom, • '.: :.:. IP.`• B"Y. bit, IS SITE AVAI AND PEHMZT ISSUANCE PROHA,BLE: WATER' `-AI�II] AREA OF FILL: WATER: —D WETLAND: S' FTL ELIMINATING A SIGNIFICANT USE? AREA, TO BE 1ft1)G1W :_ 0---- I5,DRFDGIN.G ACTZVITy EXPECTED TO CAUSE A'SIGNIFICANT LOSS Or i#SOURCE? TS ' S'F)b1L DISPOSAL• ADEQUATELY ADDRESSEn? Ai E TjjE FOLLgWTNG ADEQUATELY ADDRESSED? .. SEFIAGE DISPOSAL: Y MARINA SERVICES: (Jy"- OXYGEN iN BAs im- C CLOSURE OF SHELLFISHING WATERS: CCU WL.R},' :Ce*ltral Files; DCM Field Offices; COE Washington Office DIVISION OF COASTAL MANAGEME NIT FIELD INVESTIGATION REPORT J1iV 2 9 !' 1. APPLICANT'S NAME: Thomas Earl Matthews -- Project Name: Matth WATER oUALITY 2. LOCATION OF PROJECT SITE: Craven County, 2645 Temples Point~ Road, near Havelock, adjacent Stanford and Mitchell Creeks Photo Index - 1995: #66 -737 (L- 18,19,20) 1989: #3 135 3 (R- 9,10,11 & S -11) State Plane Coordinates - X: 2,670,700 Y: 429,300 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 1, 1996 9� Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - January 10, 1997 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land- Use Plan - Craven County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Commercial marina (E) Wastewater Treatment: Existing - Septic tanks Planned - None (F) Type of Structures: Existing - Clubhouse, dockhouse and 108 -slip marina Planned - Add 33 tie pilings (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 (C) Other PT and EW Usurpation of 3,915 ft' (D) Total Area Disturbed: 3,915 ft' (E) Primary Nursery Area: Yes (F) Water Classification: SA NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to install 33 additional outer tie pilings to an existing marina. T FIELD INVESTIGATION REPORT: Thomas Earl Matthews /Craven County PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting Matthews Point Marina is locat at 2645 Temples Point Road, off SR 1711, near the Community of Harlowe, in C ven County. The marina facilities are located on approximately 1.6 acres of land an extend out into Stanford and Mitchell Creeks, both tributaries of Clubfoot Creek. a original and expired CAMA Major Permit #191 -87 allowed the expansion of existing marina and has been refined and modified numerous times. Marina cilities and amenities include a clubhouse, dockhouse, boat ramp and two docks w 108 slips. The southernmost or main dock runs parallel to shore, is approximately 650' in length, and has 85 slips of which all but 10 downstream slips and 12 upstre slips are 30' in length. Those ten slips are 40' slips and were authorized during the ast modification, while those twelve upstream slips are 25' in length. Along this ma' dock, Stanford Creek ranges between 300'- 360' in width. And at the end of this main dock, Mitchell Creek measures approximately 1000' in width. The se nd and shorter dock runs directly out into Mitchell Creek, is approximately 230' ' length, and has 23 thirty-foot slips. Both creeks are Primary Nursery Areas and ne' er is open to shellfishing. According to the applicant, during rough weather the bowsprits of the larger boats bang down on the dock, damag' both the docks and boats. My onsite inspection in November revealed extensi a damage to the bow of many boats as a result of Hurricanes Fran and Bertha. Project Description The applicant proposes to add 33 marina. Twenty -three of those pilings wo dock -- extending out an additional 10' -- pilings near the end of the dock. With become 40' slips. Six additional pilings w dock on the inside and would be located 5' five 30' slips to 35' slips. The four remav side of the shorter dock and would also be 5 change four slips from 30' to 35'. Anticipated Impacts litional outer tie pilings to the existing be located along the outside of the main i would be aligned with the 4 outermost proposal, twenty -three 30' slips would zld be located near the end of the main rther from the dock. This would change ag pilings would be located on the outer farther away from the dock. This would The addition of the 33 tie pilinEditional woul usurp an additional 3,915 ft2 of Public Trust Waters. There should be no ad verse impact to navigation and only minor turbidity increases would be expected d ring construction. M. Ted Tyndall - Morehead City - January 11, 1997 It F 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 David Wynne Address PO BOX 954 -, havelock, NC 28532 Phone 919- 447 -4393 Name Delbert Sanderson Address 909 Sunset Drive, Havelock, NC 28532 Phone 19- 447 -3838 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. 191 -87 • 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 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 lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 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 15th day of December 19 96 . Print Name Thomas Earl Matthews, Jr. Signatur w»cr or Awho ' ed Ag Please indicate attachments pertaining to your proposed project. DCM MP -2 Excavation and Fill Information DCM MP -3 Upland Development X DCM MP-4 Structures Information DCM MP -5 Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. JAN 1 011997 ,1 Form DCM -MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM -MP -l. Be sure to complete all other sections of the Joint Application which relate to this proposed project. Dock(s) and /or Pier(s) EXISTING (1) X Commercial _Community _ Private (2) Number .2 piers (3) Length 647 ft & 233 ft (4) Width 8 ft (5) Finger Piers X Yes No (i) Number 46 (ii) Length 16 ft (iii) Width 32 inches, tapered (6) Platform(s) y Yes No. (i) Number one (ii) Length 32 ft (iii) Width 17 ft (7) Number of slips proposed EXISTING (8) Proximity of structure to adjacent riparian property lines 100 yards (9) Width of water body 1045 feet (10) Water depth at waterward end of pier at MLW or NWL 6.5 ft b. Boathouse (including covered lifts) EXISTING (1) Commercial one Private (2) Length _ 25 ft (3) Width 16 ft c. Groin (e.g. wood, sheetpile, etc.) (1) Number N/A (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length None (2) Average distance from MHW, NWL or wetlands N/A (3) Maximum distance beyond MHW, NWL or wetlands N/A e. f. 9. s Mooring buoys N/A (1) _ Commercial _Community _ Private (2) Number None (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline coring structure (boatlift, mooring pilings, etc.) (1) X Commercial _Community _ Private (2) Number 33 Tie Pilings (3) Length 23 C 10 ft waterward (4) )NM 10 C 5 ft waterward See Para G Below er (Give complete description) t' ecurity ding 33 pilings to increase safety ar of existing slips vessels uri rmy high winds and sea con i ions tthews Point Marina pplicant or Projec ame d nature Thomas Ea 1 Ma thews, J . December 15, 1996 to 1 1 JAS 1 0 1997 ' - --�"" id _ng Form DCM -MP -6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) 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. EXISTING I. MARINA CHARACTERISTICS a. Check below the type of marina proposed. X Commercial Public Residential b. Will the marina be open to the general public? X Yes No c. If there is residential development associated with the marina, how many units or lots are planned and how man are currently developed? NXA d. Check all of the types of services to be provided. Full service, including travel lift and /or rail X Dockage, fuel, and marine supplies X Dockage ( "wet slips ") only Number of slips 106 None Dry storage Number of boats 106 One Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel X Open water with dredging for basin and /or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types), $ail boats and Mixed types Revised 03195 �1� ►. JAN 1 0 1997 ......... — --------- �--- g. Typiccai boat length h. Maximum boat length i. 30 - 40 feet 40 feet Are any floating structures planned? If so, describe EXISTING 2. MARINA OPERATIONS No a. Check each of the following sanitary facilities that will be included in the proposed project.. Office toilets X Toilets for patrons Number Location Club house and Dock house 8 Showers 1 Boat holding tank pumpout Type and location Portable b. Describe treatment type and disposal location for all sanitary wastewater. Septic system c. Describe the disposal of solid waste, fish offal and trash disposal. ARS Dumpster d. How will overboard discharge of sewage from boats be controlled? Locked head policy e. Give the location and number of "No Sewage Discharge" signs proposed. 3: one each dock, one at dock house Form DCM -MP -6 f. ribe -,xhe, .special design, if applicable, for containing' industrial type pollutants, such as paint, sandblasting waste -and petroleum products. ;: No ,yarn i g. Where will residue from vessel maintenance be disposed of? Dumpster and oil reprocessing at county collection site on Hwy 101 h. Give the number of channel markers and "No Wake" signs proposed. 3 existing L Give the location of fuel - handling facilities, and describe the safety measures planned to protect area water quality. One fuel handling site with Fuel and Prevention Plan j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Facility is in open water k. What will be the marina policy on overnight and live -board dockage? No liveaboards. Overnight dockage is available. 1. Is the proposed marina located near any shellfish leases? Yes X No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? Wet slip storage only, fuel & ice n. How many slips are now available? 106 Revised 03/95 o. Is the marina proposed, within a primary or secondary nursery area? X Yes No p. Is the marina proposed within an area open to shellfish harvesting? Yes X No q. Give the location and number of "Pumpout Available" signs proposed. 3 Matthews Point Marina at or Project Name Signature Thomas Earl Mat ews, Jr.' December 15, 1996 Date .s V J�l tz O er to O i fA Perry rA er