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HomeMy WebLinkAbout20060906 Ver 1_COMPLETE FILE_20060530Of i- Permit Class ?' t i?CL1 `KA (ZS I NEW t STATE OF NORTH CAROLINA(?Y' Department of Environment and Natural Resources and 0..-..T F Coastal Resources Commission Permit Number 130-06 AUG 2 2 ZUu6 , [)ENR - WATER QUALITY WE7lANC3 D STC)?P,?WAi ERBRANCH for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Frank Fierro, Jr., 150 Pungo Trails, Belhaven, NC 27810 Authorizing development in Beaufort County at Pungo Creek, off SR 1769 at 150 Pungo' Trail. Smithton Comm., Belhaven, as requested in the permittee's application dated 4/24/06 (MP-1). 5/11/06 (MP- 2) and 5/11/06 (MP-4), inc. the att'd workplan drawings (3), FF-1 dtd 4/27/06, FF-2 dtd 4/15/06, and FF-3 dtd 4/28/06 This permit, issued on August 17, 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. Excavation 1) Excavation shall not exceed -4 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2009 Signature of Permittee In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. a Frank Fierro, Jr. ADDITIONAL CONDITIONS w ."„ 7 1 Spoil Disposal Permit 4130-06 Page 2 of 3 1J Q 4) All excavated materials shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 5) No spoil material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the bulkhead. Shoreline Stabilization 6) The bulkhead shall be constructed prior to anybackfilling activities-.-- - - - - - -- --- - - 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by Department personnel. 9) No backfill material shall be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 10) The fill material shall be clean and free of any pollutants except in trace quantities. Docking Facility 11) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 12) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 13) The roof of the boathouse shall not be designed for second story use. 14) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 15) 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. Frank Fierro, Jr. Permit #130-06 Page 3 of 3 ADDITIONAL CONDITIONS 16) 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. Sedimentation and Erosion Control 17) A silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. 18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 19) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that the Tar/Pamlico Basin buffer rules of the Environment Management Commission prohibit many non-water dependent activities within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project clarification. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 060536. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2006154259. North Carolina Department of Environment and Natural ReSOL Division of Coastal Management Michael F. Easley, Governor. Charles S. Jones, Director William G. MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality, Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 May 2006 SUBJECT: CAMA/Dredge & Fill Application Review APPLICANT: Frank Fierro, Jr. John Johnston, Agent IJVv A ? ? Ross, Jr., Secre ary2 0 0 60 0 0 6 Respond to Doug Huggett Morehead City Office MAY g 0 2006 DENR. QUALITY WEJIMU ANA ST E MgEll BRANCH PROJECT LOCATION: Off SR 1769 in the Smithton Community, near the Town of Belhaven, on a man-made canal off Pungo Creek, a tributary to the Pungo River, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to excavate a 16' by 40' boat basin with a bulkhead around the perimeter of the basin, a 6' by 40' dock adjacent/landward of the bulkhead and a 20' by 44' boathouse over the proposed basin. Please indicate below your position or viewpoint on the proposed project and return this form by 11 June 2006. Please contact Steven J. Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed NorthCarolina ,Naturally This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Frank Fierro Jr. 2. 3. 4. 5. 6. 7. LOCATION OF PROJECT SITE: Off SR 1769 in the Smithton Community near the Town of Belhaven on a man made canal off Pungo Creek, a tributary to the Pungo River; in Beaufort County, North Carolina. Photo Index - 2000: 118-1441; X-8. ` 1995:116-1265; -K_8;1989: 2-82-5; H-7 State Plane Coordinates - X: 2,697,100 Y: 649,000 Pantego Quad. (lower right corner) INVESTIGATION TYPE: CAMA/Dredge and Fill. INVESTIGATIVE PROCEDURE: Dates of Site Visit -. 7/12/05 Was Applicant Present --Yes , , . PROCESSING PROCEDURE: Applicatiori'Received 5/12/06` Office - Washington SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP Community (uplands); Conservation (Canal) (B) AEC(s) Involved: EW, PTA', C5 (D) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic `Planned :1 .N/A, (F) Type of Structures: Existing - single family residence, pier, dock, basin with boatlift Planned:` 16''x 40' boat basin, bulkhead, 20' x 44' boathouse, 6' x 40' dock (G) Estimated Annual Rate of Erosion: none ` HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 60, ft2 640 ft2 (shaded) Canal Bottom (C) Other 640 ft? ± 2;50.0 ft2 Uplands Spoil disposal 8 (D) Total Area Disturbed: ±3,300 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: NO PROJECT SUMMARY: The applicant proposes to excavate a 16' x 40' boat basin with a bulkhead around the perimeter of the basin, a 6' x 40' dock adjacent/landward of the bulkhead and a 20' x 44' boathouse over the proposed basin. Frank Fierro, Jr. Pungo Creek/Canal Beaufort County Project Setting The project site is located off SR 1769 at 150 Pungo Trail in the residential subdivision referred to as Smith Shores in the, community of Smithton near Belhaven in Beaufort County, North Carolina. The site is a 1.3 acre, developed single family residential lot. Water access is available at the. site from frontage along Pungo Creek as well as from a canal system on two sides.. There are no wetlands located on the property. Vegetation consists of common yard grasses and various hardwood trees. The shoreline along Pungo Creek is stabilized with a bulkhead as well as the canal shorelines. The canal systems adjacent the project site consist of one main canal off Pungo Creek and a lateral canal off/perpendicular to the main canal. The main canal is ±80' wide with water depths that exceed 6' below the normal water level (NWL). The main canal provides mooring for a significant number adjacent property owners with large vessels. Current moorings/slips available at the project site are located in/off the main canal and include a 4' x ±60' long dock with fender piles and a ±15' wide x 20' long basin with a boatlift. There is a short pier and platform in. Pungo , Creek.: Pungo, Creek, in this location, is designated as a Coastal waterbody. and Secondary Nursery Area by the Marine Fisheries Commission and SC NSW by the Environmental Management Commission. Project Description The applicant is proposing to excavate a second basin in highground 16' wide x 40' long x -4' below the NWL. Construction of a 20' x 44' boathouse with 4' wide sides is proposed over the new basin. A bulkhead will stabilize the three sides to the new boat basin. A 6' wide x 40' long dock is proposed adjacent/landward of the new bulkhead as well as a 3' x 8' access from the dock to the boatlift in the boathouse. All excavated material is to be hauled offsite to an upland disposal site. The disposal site is an existing fill material stock pile. Project Impacts There will be some localized short term turbidity during construction/excavation of the new boat basin. The project will increase the available number of permanent mooring available in the Smith Shores subdivision canal system and their associated impacts. Steve Trowell - Washington. Regional.Office; 22 May,2005.. The project site is located off SR.1769 at 150 Pungo Trail in the residential subdivision referred to as Smith Shores in the community of Smithton near Belhaven in Beaufort County, North Carolina. The site is a .1.3 acre developed single family residential lot. Water access. is available at the site from frontage along Pungo Creek as well as from a canal system on two sides. There are no wetlands located on the property. Vegetation consists of common yard grasses and various hardwood trees. The shoreline along Pungo Creek is stabilized with a bulkhead as well as the canal shorelines. The canal systems adjacent the project site consist of one main canal off Pungo Creek and a lateral canal off/perpendicular to the main canal. The main canal is ±80' wide with water depths that exceed 6' below the, normal water level (NWL).. The main canal provides mooring for a significant number adjacent property owners with large vessels. Current moorings/slips available at the project site are located in/off the main canal and include a 4' x ±60' long dock with fender piles and a ±15' wide x 20' long basin with a boatlift. There is a short pier and platform in, Pungo Creek. :Pungo .Creek, in this location, is designated as a Coastal waterbody and Secondary Nursery Area by the Marine Fisheries Commission and SC NSW by the Environmental Management Commission. Project Description The applicant is proposing to excavate a- second basin- in highground 16' wide x 40' long x -4' below the NWL. Construction of a.20' x 44' boathouse with 4' wide sides is proposed over the new basin. A bulkhead will stabilize the three sides to the new boat basin. A 6' wide x 40' long dock is.proposed,adjacent/landward of the new bulkhead as well as a 3' x 8' access from.the dock: to,the. •boatlift.inahe boathouse. All excavated material is to be hauled offsite to an upland. disposal site. The disposal site is an existing fill material stock pile. Project Impacts There will be some localized short term turbidity during construction/excavation of the new boat basin. The project will increase the available number of permanent mooring available in the Smith Shores subdivision canal system and their associated impacts. Steve Trowell - Washington. Regional Office - 22 May;2006;., ., . PROJECT NARRATIVE We propose to dig a boat basin on Frank Fierro property. The boat basin will be located on the east side of the property. Which is connected to the man made canal. The boat basin will be no bigger than 16' wide by 40' length. The boat basin will be excavated by using a hydraulic excavator. The final depth of the work is to be four feet below normal water level. The excavation will be hauled offsite to a contractor stock pile. The boat basin will be bulkheaded. The type of bulkhead to be constructed will be a wood bulkhead. In the boat basin a boat lift will be installed. The pilings will be pile driven into the ground by a hydraulic excavator. The pilings will be no higher than twelve feet above normal tide. The boat lift will have top over it. It is now called a boat house. The boat house dimensions will at maximum 2' wider and 2' longer than the boat house dimensions. This is for boat house overhang. The total boathouse dimensions will be 20' wide by 44' long. The boat house roof will be no greater than a five/twelve pitch. The roof height is not be any higher than 5' above the boat lift. All construction will be using modern materials. May-11-2006 02:19am Frcm-SMITH BARMY +670-421-3160 1-663 P.002/002 F-647 Authorized Agent Consent Agreement Y rrapk hereby authorize -rb >n o A I., I, I _ to act on (property Owner) (Authorized Agent) my behalf: in &4ng CAMA. permits for the location listed below. This agency autborization is limited to the specific activities described above. Property Address: f?,YNk F: ,e r "rj..LAn /S© r[,.gg it, C7 F / - Property Owner's MaWaS Address: ?r „ ?' e r •?y fem. -r rya )gtm/ Property Owner's Authorized Agent .$ Date: Form DCM-MP-1 APPLICATIO?Jig@101111 (To be completed by all applicants) MAY 3 0 LUUU 1. APPLICANT a. Landowner: Name U Address L5-1L City ,lti;, State/ Zip 8 D Day Phon 2 5 112 Fax A b. Authorized Agent: Name Address l~.? 5 3 111 L z?XL. City Le?l.?cw? State Zip A? . 0 Day Phone _6< )?!-4,2 q-3 ?`? G - li5 Fax c. Project name (if any),. NOM Pero* will be isnW in name of k ndowxer(s), and/or proud name. 2. LOCATION OF PROPOSED PROJECT a. County UENR - WATER QUALITY DS. D STORMWATER BRANCH b. C' ,town, communitanmark C. Street address or secondary road n tuber 5 R i74 9 a;t- i5D s d. Is proposed work within ci limits or planning jurisdiction? Yes v" No e. Name of body of water nearest project (e.g. river, creek, sound, bay) J ;10 10 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? - vL"o ..L . ?J c. Will the project be for public, private or commercial use? d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If mor"s ace is needed, please attach additional pages..A, . c a n, , C- L_ E ti`r Revised 43195 Form DCM-MP-1 4. LAND AND WATER. CHARACTERISTICS a. Size of entire tract 3 `7k X -2 n'7 # b. Size of individual lot(s) l , a,cn of c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tr act . A-0-11J OLAA-a IS." e. Vegetati n on tract f. Man-made features now on tract i-?L,- 1 'mi'l p g. What is the CAMA Land Use Plan land classification of the site? (co wds the imw L =d use pimn.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? L Is the proposed project consistent with the plicable zoning? Yes No d' V (Atmch toning oomp1mce cerAfewe, 1 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 or eli ible property? Yes VNo 1. Are there wetlands on the site? Yes ZNo Coastal (marsh) Other If yes, has a delineation been conducted? (AuaA dommmadm, if avaUabk) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) o. Describe existing drinking water supply source. Lam.. 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 title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Reybed 03/95 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 Address Q Q u Phone C 5? 91,4- Name y &hu.ti Address j :I Phone 05-2) 11o4-At1 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. ??Icv.ev • A check for $25iealthand ya a to the Department of Environment, 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. 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 N 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 24 day of I_ ' 1T-2QC?4, Print Name T? Vv, A . T c, Signature's r or rind lung Please indicate attachments pertaining to your proposed project. ?DCM MP -2 Excavation and Fill Information pCM MP-3 Upland Development DCM MP4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE.• Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 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 FbW Exlsft Peed Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 1. EXCAVATION a. Amount of material to be excavate from below MHW or NWL in cubic yards SS b. Type of material to be excavated u C )n 4? c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegeoon (SAVs) or other wetlands? Yes y No -71 d. Highground excavation in cubic yards 2. DISPOSAL. OF EXCAVATED MATERIAL. a. Location of disposal area g4rcy b. Dimensions of disposal area 5-0 X <Jr) c. Do yo claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal -area be available for future maintenance? l es No If yes, where? co?rFrac• 01- F;11 Al r;a / s4ec k p; l Revised 03195 Form DCM-MIP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial -Community Private (2) Number 1 - (3) T Length 401 (4) Width d 3 t (5) o Finger Piers Yes _ (i) Number (ii) Length (6) (iii) Width ? Platform(s) Yes --Z No (i) Number (ii) Length (iii) Width (9) Number of slips proposed 6d, (8) Proximity of structure to adjacent riparian " property lines (9) Width of water body ?S t (10) Water depth at waterwayA end of pier at MLW or NWL 4//,+ b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width ?d>Z c. Groin (e.g. wood, sheetpile, etc.) (1) Number yoke (2) Length(s) &ME d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length A/cid6 (2) Average distance from MHW, NWL or wetlands VC0r (3) Maximum distance beyond MHW, NWL or wetlands V09 e. Mooring buoys (1) _ Commerci C unity _ Private (2) Number (3) Description Xinsize, (Color, inscranchor, etc.) (4) Wid of water body (5) Dis ce buoy(s) to be placed beyond shoreline f. Mooring structure oil' mooring pilings, etc.) (1) _ Commercial -Community Private (2) Number i (3) Length i4. (4) Width ;)b g. 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