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HomeMy WebLinkAbout20052225 Ver 1_Complete File_20051219P 1 - Class Permit NEW I Permit Number 24-06 STATE OF NORTH CAROLINA 'Department of Environment and Natural Reso and (.? jl D S - 2 c_ 2 S Coastal Resour es Commission MAR 6 2006 Vertntt DENR - WATER QUAL BR `- - CJ for err-T,ANDSM IDSTORIWWATERBRMCH X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or fillingpursuant to`NCGS 113 '229 J Issued to Thomas H. Batten, 3247 Old Airport Rd., New Bern, NC 28564 Authorizing development in Craven County at Brices Creek 3247 Old Airport Rd Township No. 7 , as requested in the permittee's application dated 9/26/05, including the attached workman drawings (2) dated 8/23/05 This permit, issued on February 27. 2006 , 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. Access Road 1) Unless specifically altered herein, this permit authorizes only the clearing, grading, and other land disturbing activities associated with the development of the access road on the property located at 3247 Old Airport Rd., adjacent to Brices Creek, including the clearing of a 20 ft. x 170 ft. access road, and a 50 ft. x 21 ft. "turn around" area. Upon completion of land clearing activities, this permit authorizes the filling of a 17 ft. x 170 ft. section to create the access road and the filling of a 50 ft. x 21 ft. area to create the "turnaround area", all as expressly and specifically set forth in the permit application and attached workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. (See attached sheets for Additional, Conditions) I tus 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 shall 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 shall cease when the permit expires on December 31, 2009 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 DENR and the Chairman of the Coastal Resources Commission. Charles Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Boat Ramp Facili 5) This-permit authorizes only the 12 ft. x 20-ft. boat ramp, and the 6 ft. x 30 ft. pier, all as expressly and specifically set forth in the permit application and attached workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this boat ramp facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 6) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 7) Excavation and ground disturbing activities above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the permit application and the attached workplan drawings. 8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 9) In order to ensure compliance with Condition No. 8 of this permit, an as-built survey shall be performed on the boat ramp facility, and copies of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of construction. NOTE: Failure to provide such documentation may result in a violation of this permit. 10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Thomas H. Batten Permit # 24-06 Page 3 of 4. ADDITIONAL CONDITIONS 12) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury:. which may be caused from existing or future operations undertaken by the United States in the public interest. 13) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S." ?Coast Guard, through regulation or otherwise, yon the authorized facility . At a min mum, permanent , t reflectors shall ;be attached to the `structure n order"to make "it more visible during 'hours of darkness or x? mclemen`t weather. 14) This permit does not authorize the placement of tie piles in association with the docking facility. Sedimentation and Erosion Control 15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 days of project completion. Stormwater Management 17) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7050940 on 10/31/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 18) No vegetated wetlands shall be excavated or filled outside of the areas indicated on the attached workplan drawings. 19) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. The 20) In accordance with conditions requested by the US Army Corps of Engineers, the permittee shall preserve and maintain 1.028 acres of Department of Army jurisdictional wetlands located at 3247 Old Airport Road. The Permittee is prohibited by the Corps of Engineers from performing any of the following activities on the preserved acreage: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. 21) Prior to beginning work authorized by this permit, the Permittee shall identify and survey the Department of Army jurisdictional wetlands referenced in Condition No. 20 above, and provide a copy of the survey to the Corps of Engineers and Division of Coastal Managment. f., Thomas H. Batten Permit # 24-06 Page 4 of 4 ADDITIONAL CONDITIONS 22) Prior to beginning work authorized by this permit, the Permittee shall execute and cause to be recorded a conservation easement prohibiting those activities listed in Condition No. 20 above. Prior to recordation of the easement, the Corps of Engineers shall approve the holder of this easement. The Permittee shall provide the Corps of Engineers, a copy of the recorded easement within 60 days of the recordation of the easement. The Permittee shall take no action inconsistent with the terms and purpose of the conservation easement on the property described therein. _NOTE: This permit does not elmuiafe -the need to obtain any additional state; federal or'local permits; n approvals or authorizations that_"mayb_e required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any . such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands. Contact the Division of Water Quality at (252) 946-6481 for this determination. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 052225), which was issued on 1/19/06. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200610370. F vv? 1F ? 9QG Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources -1 Alan W. Klimek, P.E. Director Division of Water Quality January 19, 2006 DWQ Project # 05-2225 Craven County Mr. Thomas H. Batten 3247 Old Airport Road New Bern, NC 28564 Subject Property: Thomas Batten Property Brice Creek [030410,27-101-40-(7), SC, SW, NSW] Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Mr. Batten: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.090 acres vegetated 404 wetland (and clear 0.102 acres vegetated 404 wetland) and 0.0027 acres below the normal waterline (NWL), and shade 0.00137 acres of shallow water bottom to construct an access road, a private boat ramp, and a side dock adjacent to the ramp.as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on December 19, 2005. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to, General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and LAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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 the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: _AnehCaro na 401 Oversight/Express Permitting Unit 11VV}B 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 AaArally 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Thomas H. Batten Page 2 of 2 January 19. 2006 Amount Approved nits Plan Location or Reference Vegetated 404 wetland 0.090 acres - filled; 0.102 (acres) cleared DCM Field Investigation Report Below NWL (boat ram 0.0027 (acres) - filled DCM Field Investigation Report Shallow water bottom (dock) 0.00137 (acres) - shaded DCM Field Investigation Report 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), 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, 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 completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sinc ely, V an W. ek, P.E. AWK/Um Enclosures: GC 3400 Certification of Completion cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files DMF Headquarters, P.O. Box 769, Morehead City, NC 28557 Robert M. Chiles, P.O. Box 3496, New Bern, NC 28564 Filename: 052225ThomasBatten(Craven)401_CAMA la. 20 0 5 2 2 2 5 ?gffl NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 13, 2005 ` _ f r` : rri 1l ?, f;? t C? DEC MEMORANDUM: 2065 c ? Ms. Cyndi Karoly ` r v!, t o aH Environmental Biological Supervisor Division of Water Quality 1 - Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Thomas H. Batten Project Location: Craven County: Adjacent to Brice's Creek at 3247 Old Airport Road, New Bern, NC. Proposed Project: The applicant proposes to construct an access road, a private boat ramp, and a side to dock adjacent to the ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 03, 2006. If you have any questions regarding the proposed project, please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: L' This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency pproves of the project only if the recommended changes are incorporated.?ee attached. to the project for reasons described in the attached comments. I SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net Development Type FEE DCM % DWQ % (14300 1601435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, noncommercial development that does not involve $250 100% ($250) 0% (SO) the filling or excavation of any wetlands or open water areas: H. 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, 8, C, or 0 below applies: III(A). For Private, non-commercial f development, If General water Quality 5250 1001% (5250) 0% (SO) Certification No.3301 (see attached) can be applied: III(8): For public or commercial development, if General water Quality 5400 100% (5400) 0°6 (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 S»OO 60°6 (5240) 40% (5160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: I III(D). If General ater Qualm/ 1 Certification No. 3301 (see attached) 5400 60%(S240) 40% (S16O) can not be applied: IV. For development that involves the filling and/or excavation of more S4'S 60°b (5285) 40°6 (5190) than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thomas H Batten 2. LOCATION OF PROJECT SITE: The site is located off Hwy 70 East by taking a right off Thurman Road and going until it dead ends. Take a left on Old Airport Road and go % mile. The address of the site is 3247 Old Airport Road and it will be on the left side of the road. Photo Index - 2000: photo 846 grid: L-4 State Plane Coordinates - X: 2591854 3. INVESTIGATION TYPE: CAMA 4. 1995: No Photo Y: 471106 Rover # L1 21313A INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 18, 2005 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - November 10, 2005 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Rural/Conservation (B) AEC(s) Involved: Public Trust Shoreline, Public Trust Waters (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Sewer System Planned -None (F) Type of Structures: Existing - House, Barns, Workshops, Stables Planned - Road, Boat ramp, Dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: nRFnnpn FILLED CLEARED 7 (A) Vegetated Wetlands 3940sf 4450sf Section 404 (B) Below NWL 120sf 120sf Boat Ramp) (C) Shallow Water Bottom 60sf shaded (Dock) (D) Total Area Disturbed: 4630sf (E) Primary Nursery Area: No (F) Water Classification: C Sw NSW Open: No 8. PROJECT SUMMARY: This project involves the construction of an access road, a private boat ramp, and a side to dock adjacent to the ramp. Field Investigation Report Thomas H Batten December 12, 2005 Page 2 of 3 9. NARRATIVE DESCRIPTION: Project Setting The site is a 186-acre tract of land bordered by Brices Creek to the west and Old Airport Rd. to the east. The high ground area is developed as a residence and a small farm or ranch. The project area is located along the western edge of the tract adjacent to Brices Creek. It is bordered by woodlands to the north and south and has an existing dirt road leading to the project site from the east. There are no structures present at the project area. There is no development within sight of the project area along the shoreline of Brices Creek. The applicant owns more than 3,400' of shoreline along Brices Creek, but as of now has no access. The elevation of the existing dirt road is approximately +6' above NWL. The elevation at the project site is +6-12" above NWL. The vegetation is that of typical low bottomland hardwoods with underbrush. Scott Jones of the USACE has delineated the project area as Section 404Wetlands. The filling of Section 404 Wetlands means the applicant must obtain authorization from the USACE and thus must obtain a CAMA Major Permit. There are no Coastal Wetlands present at the site. Brices Creek averages 40' in width in this area. This is a very low energy system with little noticeable erosion along the shoreline. The soils are classified as Donovan Muck. The Division of Water Quality classifies Brices Creek as C Sw NSW. It is not classified as a PNA by the Division of Marine Fisheries, and is not open to shellfishing. There are no shellfish resources on site. The project site is not zoned by Craven County. The site is classified as Rural by the Craven County Land Use Plan, with all AEC's classified as Conservation. Craven County sewer and water serve the project site. A one-acre Conservation Easement has been proposed as mitigation for the wetland impacts..Brices Creek at this point is designated Inland Waters by the North Carolina Wildlife Resources Commission. Project Description The overall proposal consists of filling. 10 acre of Section 404 wetlands to build an access road and tum-around area to a private boat ramp. The low-forested areas of the project site flood on above average tides, necessitating that a roadbed be built up for access to the creek. The proposed boat ramp would be a concrete pad extending from the new access road to below the NWL in Brices Creek. A side to dock parallel to the ramp would provide a place to secure vessels during launching and retrieval. The access road area to be filled is all within Section 404 wetlands. The dimensions of the roadway to be cleared are 170'x 20' with a 50'x 21' area to be cleared for the turn-around. The turn-around area would be out of the Zone 2 Neuse River Buffer. The fill area of the road would be 170'x 17', with the fill area of the turn-around 50' x 21'. Silt fencing would be placed at the toe of the fill before placement of any material. Any trees that were cut for the access road and turn-around would be removed from the wetlands and placed on high ground. The proposed road would be constructed with dirt and topped with rock. Three culverts would be placed in lower areas under the road to aid in wetlands hydrology. These culverts would be 15" x 20' corrugated plastic pipes. The finished elevation of the access road would be approximately +2' above NWL. The boat ramp would be excavated from the new access road to below NWL. The natural bottom contours will allow for minimal excavation below NWL. The existing depth at the end of the proposed ramp is -3' below NWL. There will be a 12'x 20'x 6" area under the proposed ramp that would be excavated to keep the new slab level. Any organic Field Investigation Report Thomas H Batten December 12, 2005 Page 3 of 3 material removed from the ramp site would be taken to high ground. Any soil removed from the ramp site would be placed in the tum-around area and out of the Neuse River Buffer. A 12'x 20'x 6" concrete slab would be formed and poured above the NWL line and allowed to cure before sliding into place. The ramp would extend no more than 5' beyond the newly excavated area. A 6'x 30' dock is proposed on the south side of the boat ramp. The dock would be constructed of timber pilings and treated lumber framing and decking. This dock would be for assisting with the launching and retrieval of watercraft at the ramp. The dock would extend to the waterward edge of the concrete ramp, and would not extend more than 10' waterward of the NWL line. The width of the creek at the ramp is 40'. The dock would be approximately 27' from the adjacent riparian corridor to the north, and 3,400' from the riparian corridor to the south. The water depth at the end of the pier would be -3' at NWL. 10. ANTICIPATED IMPACTS: The cleared area for the access road would be 3,400sf (170'x 20'), and 1050sf (50'x 21') fora total of 4,450sf of cleared area (all in Section 404 wetlands). Of this cleared area, 2,890sf (170' x 17') of access road and 1050sf (50' x 21') of turn-around area would be filled (total of 3,940sf). The ramp area would impact a 240sf area (12'x 20'),120sf of which will be in newly excavated shallow bottom habitat, and 120sf of which would be in Section 404 Wetlands. This area would be filled with a 12'x 20'x 6" concrete slab, of whichY2(1 20sf) would be below NWL. The dock would be 6' x 30' (180so, of which 60sf would shade shallow water bottom, with the rest of the dock following the ramp to the access road. Some turbidity could be expected during construction, but should be short in duration. Mark Hardeman - Morehead City Office - December 12, 2005 ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS 3 l MARINE SURVEYORS 417-A BROAD ST. BUSINESS: 252.637.4702 P.O. BOX 3496 .17- --?' FAX. 00 NEW BERN, NORTH CAROLINA 28564-3496 September 27, 2005 .r rrncengr11 a c o ertmctu Certified Mail Receipt No. 7004 2510 0000 3103 6826 ?? 2 9 2005 Mr. Mark Hardeman NCD€NR, DCM fvlurl?:rluad Chy DCM 400 Commerce Ave Morehead City, N. C. 28557 Enclosures: (1) Completed NCDENR DCM Forms MP-1. MP-2, and MP-4 (2) 1 Set of Drawings, CAMA Permit Application for Thomas H. Batten, Proposed Road, Boat Ramp and Dock, prepared by Robert M. Chiles, PE. (2 sheets) (3) Copy, Portion of USGS Quadrangle New Bern with the project site indicated. (4) Copy, Portion of USDA Soil Survey for Craven County, Map No. 12 with the project site indicated. (5) Copy, Project Site Covering Deed, Craven County Deed Book 2148, Page 952. (6) Copies, Two Riparian Adjoiner Notifications, with USPS Domestic Return Receipts. (7) Copy, Drawing, Survey for Thomas H. Batten off Old Airport Road, New Bern, North Carolina, prepared by Robert H. Davis, PLS (mitigation site). (8) Unsigned Copy, Proposed Conservation Easement prepared for mitigation site. (9) Check for 400 (fees). Dear Mr. Hardeman: On behalf of our client, Mr. Thomas Batten, we submit the enclosed Division of Coastal Management forms and supporting information for your distribution; review and approval. This project involves the construction of a private boat rump on Brice's Creek, side-to dock, and access road. The project site affects less than one-tenth" of an acre within a 186-acre tract of property that contains a single family residence and farm/ranch.=The property has approximately 3,400 feet of shoreline along Brice's Creek, but no existing access to the creek. The existing waterfront portion of the property is primarily forested wetlands that are submerged when water levels in the creek are above normal. i The proposed access road is located where the distance across the wetlands is the shortest possible within the property. An existing dirt road through a wooded portion of the property extends to within 170 feet of the proposed boat ramp at the access road location. The proposed road will be constructed of dirt and will include three culverts as indicated on the enclosed drawings. A proposed turnaround area will be located adjacent to the access road outside of the Neuse River buffer, and will be located on the side of the access road that impacts the least amount of existing trees. The proposed side-to dock will provide a place for temporarily securing water craft during launch and recovery operations The maximum proposed dimensions and typical details of the dock are indicated in the drawings. The proposed boat ramp is depicted as being constructed of concrete. Alternatively, the ramp may be constructed of consolidated aggregate over a wire mesh or similar functioning geotextile. The maximum proposed dimensions and typical details of the ramp are indicated in the drawings. MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN The uplands portion of the property contains a single family residence, various farm buildings, horse stables, and is developed as a small farm or cattle/horse ranch. Enclosure 7 is a map depicting the location of the conservation easement area proposed as mitigation for the wetland impacts. The area contains one acre as directed by the Corps of Engineers and is accompanied by an unsigned copy of the proposed conservation easement (enclosure 8). An executed copy of the easement will be provided upon approval. Should you require additional information or have any questions, please contact us your convenience. ,Ug,ry truly yours, r ROBE?T M. C iA?LES, P.E. Michael L. Rice, P.E. cc: Mr. Thomas H. Batten . t i Form DCM-MP 1 2 n n 5 2 2 2 5 APPLICATION, (To be completed by all applicants) 1. APPLICANT a. Landowner: Names Address Z City Zip Z 8ci to `( Fax wV" rs---s 4' -7 C) Q ? ? Pc a ?7 ?= r<u i State k\- C _ Day Phone (o -S (' ? ' b. Authorized Agent: D l Name vtit • n-, `Q -, e•. Address - (_ City A%z State Zip Day Phone &n -? 7 27 C, L ? Fax Co'-S73 c. Project name (if any) N? NOTE. Permu will be issued in name of landowner(s), and/or pmjed name. 2. LOCATION OF PROPOSED PROJECT a. County C-? ?v ?S Revised 03195 b. City, town, community or landmark 1?1?J n5?: P t?o `? c. Street °ddress ors ndary road nu,?rlber d. Is proposed work within city limits or planning jurisdiction? Yes _' No e. Name of body of water nearest project (e.g. river, creek, sound, bay) ?r?i ?? Gzee.l? 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. b. Is the proposed activity maintenance of an existing project, new work, or both? rJ e c. Will the project be for public, private or commercial use? t P-% \i NT-i 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. [•,.J :l l? : ? Tft.;?`' ;'4 ??? ?.?ci}L'..?`: G•?'F'. JR,n7 4 \\ JS? ct Ito r 1' ' C'r'111-^ k"Z Z:f l? Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ? ,?Q 0" cv" e S b. Size of individual lot(s) t? f\ c. Approximate elevation of tract above MHW or NWL co ec? lfRe P< <o- t2?rJ_Q5. A,aue.f+ WL d. Soil type(s) and textqre(s?of tract \,.," Iti'`u:.k ((fbO e. Vegetation on tract A- h s? £ Man-`made features now on tract ?toriz P G 1e?? C++`L? V?Ov'?Z??crn?} ?CThS?OD? ? :-thZr g. What is the CAMA Land Use Plan land classification of the site? (Cowu-u the local land use pl-) Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? CC 11 C C: ii1C G?-l>ln.. "jC i i. Is the proposed project consistent with the applicable zoning? Yes No tl /A (41-c* zoning -mp4 -- certificate, if applf-ble) j. Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed o{ e-ligible property? Yes A No 1. Are there wetlands on the site? X Yes -No Coastal (marsh) Other V_ If yes, has a delineation been conducted? 5 (Attach doaan-=i-. if-diable) t, rl ii15P?u??? Revised 03145 m. Describe existing wastewater treatment facilities. ?,_3???tic? S?rw?-n l,.-? ,vw??;c, nnf 5A-?• 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.) gyr?'Ytce t?-,,oV-? o. Describe existing drinking water supply source. `i ? "firms 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 tide 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 71.0203 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_uafimiliar-with-the-area..to.Yhe - 2 '1iJi tad y 0 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 '???• h ???? rc,? e c Address 7 It Old 12d nl - '?.n/ G Phone 41 7 `f 1 G? Z ?, & L Name Jo • C? Address ??? '• c J, /c.0 X x?d Phone C- 3 t i I `;u2 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. • 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 land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 0319S 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 G6 day of --)t 19 Print Name \_-. Signature or Authoriud Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development x DCM MP4 Structures Information - DCM 107-5 Bridges and Culverts _ DCM MRb Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. r i Form DCM-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 F.Asting Project 1 moth width Denth DeCtb Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) r r7 o I I z 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards JtXro•x - eti b. Type of material to be a cavated ?rc?}?^^?'r yi?'1?? I<• IiD' cl?bC?itC,r?t?ni?S ?2o?ti. F .?? ('?•r"P ?o?TPi?n}-/ c. Does the area to he excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes \? No d. Highground excavation in cubic yards N1,0 ,1 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area }A^, ?°?' I .) b. Dimensions of disposal area. 2,6 x I Z` c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance? CX Yes No if yes, where? L" si,, r F,tw. c " ?o< c?1 ci .3 Revised 03195 Morehead Gi, j UC;IVl Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No C Does the disposal include any area in the water? Yes ',c_ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03/95 If yes, (1) Amount of material to be placed in the water 10 C (2) Dimensions of fill ea 12- 1 r x Z-oy-i- x r (3) Purpose of fill or- c-c-. On b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? _.X Yes No If yes, l 1 ROArb (1) Dimensio of fill area SO'KZI vo, Z.\ +o 4,,-Y, rr'o.,, ) (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion `controlled? , I t ?z, « -,V 1 h e b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge l c. Will wetlands be cr: ssed in transporting equipment to project site? Yes ?<_ No If yes, explain steps that will be taken to lessen environmental impacts. Applicant SignnhyJVV i 1 Date J' : Nlof aho,ad CiL sJ1JM Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) l k Attach this form to Joint Application for CAMA Major e. Mooring buoys Ju Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) ,_ Commercial -Community X Private (2) Number I (3) Length (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes K No shoreline (i) Number (ii) Length f. Moo ring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial -Community _ Private (6) Platform(s) Yes No I A (2) Number (i) Number l (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed tiG?u g. Other (Give conrplere description) 1 r } (8) Proximity of stnucture to adjacent riparian property lines 47 { i 3't fi (9) Width of water body of + +? (10) Water depth at waterward end of pier at MLW or NWL 3 ;,t W L- b. Boathouse (including covered lifts) N A (1) Commercial Private (2) Length (3) Width APPlkan=tie c. Groin (e.g. wood, sheetpile, etc.) S (1) Number D` (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or ^--- wetlands i _ 1 1 "'' l' t_? ,/ray 1 ' y7 C M Revised 03/95 Form DCh1-NIP-5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be Permit, Form DCM-MP-1. Be sure to complete all removed? (Explain) other sections of the Joint Application that relate to this proposed project. 1. BRIDGES a. Public Private b. Type of bridge (construction material) c. VVater body to be crossed by bridge d. Water depth at the proposed crossing at MLW or N'WL e. Will proposed bridge replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge; (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) f. Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the hiHW or N-vVL g. Length of proposed bridge h. Width of proposed bridge Height of proposed bridge above wetlands j. Will the proposed bridge affect existing water flow? Yes No If yes, explain k. Navigation clearance underneath proposed bridge 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, please provide record of their action. i Form DCAI-i<1P-5 2. CULVERTS a. Water body.in whic culvert is to be placed b. Number of culverts proposed & c. Type of culvert (construction material, style) d. Will proposed culvert replace an existing bridge? Yes X No If Yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes No If Yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MH`z' or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert { g. Width of proposed culvert I-) h.- Height of the top of the proposed culvert above the NIHU' or NWL i. Will the proposed culvert affect existing water flow? Yes A No If yes, explain j. Will the proposed culvert affect existing navigation potential? Yes V No If yes, explain 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the N IW or NWL? Yes_ No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of-material to be excavated in cubic yards b. Will the placement of the proposed bridge or culver require any excavation within: A", - Coastal Wetlands - SAVs _ Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge or culvert require any highground excavation? Yes ?f No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards d. If the placement of the bridge or culvert involves any excavation, please complete the following: ?` (1) Location of the spoil disposal area (2) Dimensions of spoil disposal area (3) Do you claim title to the disposal area? Yes No If no, attach a letter granting permission from the owner. Revised 03-95 Form DCNI-N P-S (4) Will the disposal area be available for future A?# maintenance? Yes No (5) Does the disposal area include any coastal,?A wetlands (marsh), SAVs, or other wetlands? Yes No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes No If yes, give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert *result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? Yes No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: Coastal Wetlands - SAVs _ Other Wetlands I e '; (1) Length of area to be filled r 7! (2) Width of area to be filled /7" (3) Purpose of fill %>=y j11 g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? Yes i No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill 4. GENERAL a. Will the proposed project involve any mitigation? ?/ Yes No if yes, explai/n in detail X'7 b. Will the ptvp s?ed,'proj, I require 3tierrel??•; a of any existing utility lines? Yes No If yes, explain in detail c. Will the proposed project require the constructionaf any temporary detour structures? Yes -_ No If yes, explain in detail d. Will the proposed project require any work channels? Yes c No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? -z?:. /<' . f. What type of construction equipment will be used (for example, dragline,,- ckh61, or hydraulic dredge)? g. Will wetlands be crossed in transporting equipment to project site? Yes ,? No If yes, explain steps that will be taken to lessen environmental impacts. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes % No If yes, explain in detail ApptttitnAor Projt?t Name Signature e i 1 _ ?b 9 b ((( t ' "46A" f 1?r ?y3T - 141 ^'?'? ? ta?:?'?.a«.. ..? yr' 1` ? L` -?R?'*.?R??? `^"`^? ``,?. •-- ?•....,,,,arf ?. .ate ? a\,. ?#4Y{J(' -_ Y ?.? A }St .e.. ;fin- _,?_ tt '+ ?' .. ? ? •. ? ? ?,?, ?•' ?-+ ,mss ? }?aE dt?Y' ?? ?.s •`? ` C_?, ? t'? ?yyyl -?? 2005 THOMAS H. BATTEN PROJECT-SITE VDA ? ----- ROBERT M. CHILES, P.E. INDICATED ONA 0 !-% ?11,j0=,8 NB ____ 2005128 ENGINEERS AND CONSULTANTS PORTION OF USGS QUADRANGLE NEW BERN SCALE: ____?'_=_iooo_ NEW BERN, NORTH CAROLINA uity L) :`Jf a t iJil .J r „... . jv 'A iL ,? i_ a rf Name: NEW BERN 1 T. 3 Location: 035' 01' 37.0" N 077' 415:J V`" irate: 7/21/2005 Caption: 2005128 j •i`" Scale: 11 inch equals 500 feet T. Batten Creek Access :.., r? ?? ?UQS Cccynght (C) 1997, Mactech. Inc. Morehead Citv iJ?_:??I t„ / t ., y T ` CP !Ce Q ?+^'? st4`/ _7;;5?? ' ak??t'"z.wt Tex ,r;'"'a, { »i Go A l `/ 1. Ra +.` T :i ,yM t C 7t N..AT?-JONAL x ?'GaA E t?' t•3>Y_-T. t''?S ?C poty } S i u:? )x a- Y e 4 `Lr a? k? : yAaA r DU a :? r . 1 G'oA GoA -c Ag \-?,ia s?'• y y R tl< I I -FOREST. L L DO l v v _ - r 1 n 1 Ra\ ?- GoA Ly P 5?? w / :6 - G Cr6 ? Vlu - Ly Pa' .? r' G -Ra Lv ? SA (?. DO ?J - t1NI - P a s Ly a0' ?v tii 1 ?( r GOA 1 ?, 4x P3 / E: LY _ f Ra CT v Ra C - m IN f L' ra 6 % ?GoA /- 0 _ Mu CoA, r J ' ?nE Black tn? q?e \ `.1 td' E \ DO ExA SuD - t DO \ - GoA •" /"? CoA h1u \M?t ` \ i 1fC? i iMrd f i On P.1 . r L i -? ( ExA 1 ?? L J \ / r1M ExA Ln -K, ExA `.k ExA L EX C i 0 r GoA w - \ / - II \ Ex A h12 ax? ! .?. t La a LY Lys ?,? - _ j3oi et 14) Le 3a ?) r -x v /. n ? r i 1 9 n' ,S 20.0' 17.0' ? c z z a V 2 V p EXISTING GRADE _ N 15`o CPP i? N TYPICAL ROAD SECTION a N. T. S. i w it L 71 ? I 1 NORMAL WATER c M? 'onPC i i r TT?ICAL DOCK jFTAC C'EPTH DEPE .; , "? T GN ti9.4 rR UEP T N.L I I ?I pl -' i q EXISTING ROAD N'JR?UAL 'HATER I I .?--- •_Eb'EL E;tIST,NG GRADE 0 A -- -- ??0, I s 2PPROXIMA. T % EXISTING, TOPOGRAPHY i ? ?Z7j i p CONC• P tq i XISTING GRADE o" UNDERCUT Pc F;L_ - T': r PLACE UNDERCUT MATERI4L ON EXISi1NG SURFACE CF TURNAROUND AREA CONCRETE RAMP SECT N 11. T. S. _1 -.r?. N x ? It r;AMA. PERMIT APPUCATION FOR THOMAS H. BATTEN PROPOSED ROAD, BOAT RAMP AND DOCK TOWNSHIP No. 7 CRAVEN COUNTY NORTH CAROLINA DATE: _?I_IROBERT M. CHILES, P.E. JOE N0. ENGINEERS AND CONSULTANTS SCALE: NEW BERN, NORTH CAROLINA / / I / CROATAN j NATIONAL j ! FOREST / / qA A j A?Op v y jr, RA t l i i i I I a / / 6'x30 DOCK ? + :ri,>pl PRGfERTY AOJOI";=_ N/F JOYCE 0. EBRON 4558 WILCOX ROAD 'E'A' SEP,N N.C 28565 V 1 J HCIrIAc i+ wT - rz "14' OLD rrGI?T i-D. IF'01 BERN, NCR-Fa ARC?rd•? 252) 636-5818 ?NGIPiErR;'SUR?iE`'GR 406ERT M. CHILES, ?.E. ENGINEERS ?c CONSULTANTS 7.0. BOX 3496 Nc','J cERN, NCR' CARCL'idA 28564-3496 1252) 637-4'.02 / Q gQ / QI. ry? N NfF JOHN R. HARDEE 2711 OLD AIRPORT ROAD NEW BERN, N.C. 28562 EXISTIIN G 'v LEAr.ED/AREA r? (!4 !, a °?: __ t?ETI_?Dl •`??IIIJi;?? ,D ^a??:.l? a?i• w? "? . \ 1` znzp L 2L L% CNSTRUCTICN SEQUENCE I. CLEAR. PROJECT AREA. 2. INSTALL SIL T FENCE AT 'CE F FELL. 3. FILL AND GRADE ROAD. 4. EXCAVATE/FILL RAMP LCCATICN. 5. PLACE UNDERCUT MATUTAL ON EXISTING SURFACE OF TURNAROUND AREA. 5. FILL TURNAROUND AREA CO PROPOSED GRADE. 7. FORK AND POUR CCNCR:7 TE RAMP !;N SURFACE OF ROAD FILL. 3. PUSH CL'REC CONCRETE RAMP INTO PLACE. 9. CONSTRUCT DOCK. NOTE: RAWj';NCURED CONCRETE SHALL NOT BE PLACED IN WATER. i? TUP,NARCUND' AREA BE CLEARED 104 FORESTED '+vETL.,ND Nil A. ? b 7 I ? IV ?Q x'0.0' 17.0' '% ND r to K R I 0A0 ??.y ?CGDS7'?Y U +H M.1 'w C i i l A D J J T? ' o A?l i .???. VICINITY MAP v , ,r f 'AU^ 0'7,C /iIT APPLIC'7C' ' `GR THOMAS H. BAT EEN PROPOSED ROAD, BOAT RAMP AND DOCK TOWNSHIP No, 7 CRAVEN COUNTY NORTH CARCUNA DATE. -j__ 3_2C05- ROBERT M. CHILES, P.E. JOB NO. -- ENGINEERS AND CONSULTANTS SCALE: __=_ NEW BERN, NORTH CAROLINA