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HomeMy WebLinkAbout20060977 Ver 1_COMPLETE FILE_20060616r Permi NEWt Class ?' ?,ltsLc? 1 ??t1ZCS? STATE OF NORTH CAROLINA Department of Environment and Natural Resources and RTJ j 6 Coastal Resources Commission O D g r12606 OL.TF \ L?l I? ?uG C r M 1, t (1UPLI BRA for o?? asic?? Cti X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Permit Number 134-06 Excavation and/or filling pursuant to NCGS 113-229 Issued to Connie M. and James O. Bond Jr., 1307 Kingsbrook Rd., Greenville, NC 27858 Authorizing development in Beaufort County at Pamlico River, 1389 Bayyiew Rd., Bath , as requested in the permittee's application dated 5/25/06, including the attached workplan drawings (2), both dated 5/25/06. 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. Docking Facility Expansion 1) Unless specifically altered herein, this permit authorizes the removal of the existing jetski davit, the construction of two 4 ft. x 6 ft. uncovered jetski lifts and the 13 ft. x 13 ft. uncovered boatlift, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility expansion. Any sewage discharge at the docking facility expansion 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. (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 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 S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Connie M. and James O. Bond Jr. ADDITIONAL CONDITIONS Permit #134-06 Page 2 of 3 3) Should tea aigagit 0673erty located to the west be sold prior to the initiation of construction, the permittee shall be.jjeg1Xted to obtain a signed riparian corridor waiver and letter of permission from the new property owner prior to the placement of any structures within the 15-foot riparian corridor or within the new property owners riparian corridor. 4) 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. 5) 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. b) 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 that may be caused from existing or future operations undertaken by the United States in the public interest. 7) 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, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 8) This permit authorizes the addition of 3-slips to the existing facility, resulting in a total of 4-slips. General 9) 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 shall 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 Nortly Caroliria-. -No" claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Connie M. and James Bond Jr. Permit # 134-06 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 946-6481 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, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 060977. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE ORM No. SAW-2006-154271-107) which was issued on 7/20/06. reviews Subject: reviews From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Thu, 27 Jul 2006 17:01:18 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net> First disregard my comments on Sandy Pt from 7/10/06! Change to Issue at your own risk. There are several on here that do not require written' concurrence under GC 3490: 06-0954 Michael Sanders Pasquotank 6/12/2006 07/27/06 CAMA/MJ GC 3490: Meets conditions, No written concurrence needed 06-0957 Bethel Cr. SID Perquimans 6/13/2006 07/27/06 CAMA/MJ GC 3490: Meets conditions, No written concurrence needed 06-0956 The Sea Vista SD Pamlico 6/13/2006 07/27/06 GC 3490: Meets conditions, No written concurrence needed 06-0977 James Bond Beaufort 6/14/2006 07/27/06 3490: Meets conditions, No written concurrence needed 06-1072 Pirates Way, LLC Issue normal conditions Dare 6/28/2006 07/26/06 CAMA/MJ CAMA/MJ CAMA/MJ GC 06-0896 Jerry East Chowan 7/27/2006 07/27/06 CAMA/MJ H61d:Request for verification of 404 wetlands on site This one was sent up around 6/21/06 06-0555 Ensign Services, Inc Pamlico 3/21/2006 06/21/06 CAMA/MJ SAV info shows no impact, Issue with condition that Marine fisheries moritorium for construction in a PNA fromApril 1- Oct 1. ' 1 of 2 7/28/2006 8:21 AM a°F cOASTq(Al _ ?oasas77 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 MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality, Wetlands Unit FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 June 2006 SUBJECT: CAMA Application Review APPLICANT: James Bond, Jr. E F= (8;:;1?7' P= 0 W [P= P JUN 1 6 2006 DENR - WATER QUALITY WETLANDS AND STORMWAJER BRANCH PROJECT LOCATION: Off SR 1744 at 1389 Bayview Road, adjacent the Pamlico River, near the Town of Bath, in Beaufort County, NC. PROPOSED PROJECT: Applicant proposes to add two jet-ski lifts and a boat lift to his existing pier. Please indicate below your position or viewpoint on the proposed project and return this form by 23 June 2006. Please contact Mike S. Thomas at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY 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. Signed Date NorthCarolina Natima!!J 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer - 50%a Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James O. Bond Jr. 2. LOCATION OF PROJECT SITE: SR1744 at 1389 Bayview Rd adjacent to the Pamlico River near the Town of Bath, in Beaufort County, NC. Photo Index 2000: 102-1285 P-13 1995: 102-1102 P-6 State Plane Coordinates - X: 621,608.684 Y: 2,655,194.081 GPS Rover File #H061514A USGS Quad: Bath (middle right) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 31, May 2006 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 2 June 2006 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Limited Transition (B) AEC(s) Involved: EW and PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - septic tanks and drain field. Planned - N/A (F) Type of Structures: Existing -pier with a T-head and smaller platform, boathouse with associated catwalks, riprap along the shoreline. Planned - (2) ±4' X ±6' jetski lifts and a t13' X ±13' boatlift. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non-Vegetated Wetlands River bottom (C) Other +217 ft2 shaded (D) Total Area Disturbed: 0.005 acres (217 ft2) (E) Primary Nursery Area: No (F) Water Classification: SC, NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to add two jetski lifts and a boatlift to his existing pier. James O. Bond Beaufort County Project Setting The project site is located on SRI 744 at 1389 Bayview Road adjacent to the Pamlico River near the Town of Bath in Beaufort County. The Pamlico River is classified by the Environmental Management Commission as SC/NSW and is closed to shell fishing along the project site. The site is bordered upstream and downstream by single family homes many with existing piers and boathouses. The area is vegetated with lawn grasses, a few large hardwood trees and landscape shrubs near the residence. Existing on the site is a ±200' X f6' pier with a ±16' X ±20' T-head with a j etski davit. A f15' X ±30' boathouse with associated catwalks is located on the west side of the pier adjacent to the landward side of the T-head. A f3' X t8' platform exists on the east side of the pier approximately 50' from the normal water level. The entire ±60' of shoreline is protected by riprap. Project Description The applicant proposes to remove the existing jetski davit and construct (2) ±4' X ±6' uncovered jetski lifts on the east side of the existing boathouse and a ±13' X ±13' uncovered boatlift on the east side of the pier near the riprap. The added boatlift and jetski lifts will bring the total number of slips to 4 for the property. Anticipated Impacts The project as proposed will result in the shading of ±217 square feet of river bottom. The project as proposed will result in localized turbidity as a result of the construction activities. Mike Thomas DCM 7 June 2006 nau ai cuuo ii:gu Inr 1- rfZ31 tKJC1 rnn p.1 James O. Bond; Jr. Collins, Asbell, Ward & Greene, LLP Certified Public Accountant 1696 East Arlington Blvd. Greenville, NC 27858 May 31, 2006 Mike Thomas Dept. of Environrhent and Natural Resources Washington Squpre Mall .Washington, NCB 27889 Dear Mike: I have two jetski p ersonal,watercrafts and one lift to pull both of them on the pier for storage. Thelift has never been satisfactory in that it jerks and shifts while lifting the jetskis ut of the water approximately 7'-8' and is not as safe as I think it could be. This ift will be removed and replaced with the two lifts beside the boathouse. I no have three infant grandchildren that are going to be on the pier and I need t e jetskis in a safer position. Also, I need more room on our pier to accommodate Imy expanding family. I figured that the drive-on lifts for my jetskis beside my!iexisting boathouse would serve the purpose. I could use the existing catwalk ground the boathouse and the jetskis would be stored over the water and away firm the people traffic. I currently have a22.foot Chaparral that I keep in the boathouse. This boat is used for pleas urel riding and/or skiing. I also want a fishing boat that I can store next to the pier. Ij need another lift for this boat. By placing the new lift on the same side of the. Fier, the lift would not obstruct any more view than is already obstructed by my;boathouse. Also, by placing the boat next to the pier, it will be convenient and safe for all concerned. This would also accommodate any further expansion when y children inherit the river home. Thank you for your consideration Sinceralv. APPLICATION. (To be completed by all applicants) b. City, town, community. of landmark APPLICANT c. Street'address or secondary road number _/:39q R4!i' ?1,6 Pa A A a. Landowner: DnJn„? ?. ??A?i+?Es ?.?ca?? d. Is proposed work within city limits or planning Name , jurisdiction? -Yes. -No Address -O a'7 5 ? 'o r? Rd t ? e. Name of body of water nearest project (e.g. river, city state creek, sound, bay) Y0_4mi-i c o ,vg-g c FF, ? ,? 3z - 3 SS - 0 7 Sa Zip _,Al 5 ?d Day Phone 71 ?1- D7 93c?c --- -- Fax -;15'_A 16-3 - 652q 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b.. Authorized Agent: Name Address City State. Zip Day Phone Fax c, Project name Cif any) ?A - - ,V01Z. Perndl will be issued in name of kmdow=r(s), =%d/or project nano. 2, LOCATION OF PROPOSED PROJECT a. County 1?? Alt Pa 81 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, anc excavation and/or filling activities. 5K1'X,t!'1S -X,S'reOe, D A< Atid S Z?'- s? IF2 b. Is the proposed activity maintenance of an existin project, new work, or both? A4?_:1,? tJ©kg c. Will the pro ect be for public, private or commerciz N d. Give a brief description of purpose, use, methods c construction and daily operations of propose project.. If more space is needed, please attac additional pages. ' P /J- i is er S L"/_ -94g, -DAt s fin! r1N f d;?nc.?tl?? Wji_,L R.Er A; fAc.itV,-d 7c, RQA•;,A•,7aZS9. 4 4'11-I1J4:5 Zz)Ii-L 'Zo ATrst az;;6 ,.?}i-? ?S c, s ? ? ? ?i?E ? x?•s r icy ?- A r,??. Rerised 03195 Form DCM-MP-1 4. LAND AND WATER m. Describe existing wastewater treatment facilities. SEPT?e TA?ti FD;2 N-a??? CHARACTERISTICS a, Size of entire tract X 57.7 b.' Size of individual lot(s) o X /SCI. 73 'c. Approximate elevation of tract above MHW or NWL L -7 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.) ,404 d: Soil type(s) and texture(s) of tract TA- •TA• A-0 Zs R a o: Describe existing drinking water supply source. e. Vegetation on tract >J i A-+"n3 4AAS .96 f. Man-made features now on tract _43r,&}-r" g. What is the CAMA Land Use Plan land classification of the site? (consul: rte toast ima use plan.) Conservation Y Transitional Developed Community Rural Other h. How is the tract zoned by local government? .4 t%-1• A O'er _rl A I- i. Is the proposed project consistent with the applicable zoning? Y Yes No 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 instrumentunder which the applicant claims tide to the affected properties. Ifthe 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. (Mach zoning =ffFU nee cerrifjcate, if applicable) • An accurate, dated work plat (including plan view -- _?_--- rnd-cross-sectional-dr-aw ngs)-drawn-to-sc...ale_;W. tack j. Has a professional archaeological assessment been ink -on an S 1/2" by 11" white paper: (Refer to done for the tract? Yes , _X- No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic -District' or -does , it involve - a National- - Register listed or eligible property? Yes _X No l.: Are there wetlands on the site? Yes A No Coastal (marsh) Other If yes, has a delineation been conducted? (,J=ch docunwnmdon, ii avaitabfe) 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 play requirements and it must be sufficiently detailed tc guide agency personnel unfamiliar with the area to thi Rerised 03191 frorm DCM-MP-1 • s site. . Inciud'e highway or secondary road (SR) numbers, landmarks, and the like. A Stormwater Certificatlon, f 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.. .6. CER1791CATION AND PERMISSI01 TO ENTER ON LAND I understand that any permit issued in response to th application will allow only the development described : the application. The project will be subject to conditioi and restrictions contained in the permit. I certify that to the best of my knowledge, the propost activity complies with the State of North Carolina approved Coastal Management Program and will 1 conducted in 'a manner consistent with such program, I certify that I am authorized to grant, and do, in fat grant permission to representatives of state and fedet review agencies to enter on the aforementioned lands i connection with evaluating information related to d permit application and follow-up monitoring of t project. Naive 'S? eV? (?5 Address. A37-1-, We- 91 16-472T cJ/?sc /JC- Phone Name 5A AL )L v4C/, A <i57 Address P- C?. 2 o,r X34 5L?TAk _PAIA NC- Phone _1T q gs4141 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. ,lvA/1- • A check for $250/$400/$475 made payable to the Department of Environment & Natural Resources (NCDENR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If.the project involves the expenditure of.public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I/Ipr I further certify that the information -provided in tl application is truthful to the best of my knowledge. This the I -2,6' day of /N &-j , 200 Print Name J1-nos D .? Q Signature wnrr or A,&,,ized Apw Please indicate attachments pertaining to your propo; _...-._project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5- Brid_ges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in space provided at the bottom of each form. 400 copies of this. public document were printed at a total cost of $52.48 or $ .13 per copy. Revised 03145 Form DCM-MP4 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 (3) Length (4) Width (5) Finger Piers _Yes._ No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes No (i) - Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of.water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial Private A; r (2) Length (3) Width e. ?IN Mooring buoys (1) _Commercial .__Community -Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance _ buoy(s) to be -placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) Commercial -Community 4 Private (2) Number 3 z .TErsK% I (3) Length ?2 Tyr -5K% APg - 4,X'4.' (4) Width i 'g- n.,y?r Ater );3' x I3` g. Other (Give complere description) c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) -Length(s)- --- -- ----- --- -- -- --- - - 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 j nt or Project Name "? igaature J'/.7- Date Revised 03195 M ? N, 41 /Fil r ..<< 00, r b/o Course, ?. ? 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