HomeMy WebLinkAbout20052225 Ver 1_Complete File_20051219P 1
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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
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2005
THOMAS H. BATTEN PROJECT-SITE VDA ? ----- ROBERT M. CHILES, P.E.
INDICATED ONA 0 !-% ?11,j0=,8 NB ____ 2005128 ENGINEERS AND CONSULTANTS
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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
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4558 WILCOX ROAD
'E'A' SEP,N N.C 28565
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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
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JOHN R. HARDEE
2711 OLD AIRPORT ROAD
NEW BERN, N.C. 28562
EXISTIIN G 'v LEAr.ED/AREA
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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.
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TUP,NARCUND' AREA
BE CLEARED
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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