HomeMy WebLinkAbout20061513 Ver 1_COMPLETE FILE_20060918?O? WAT ?R
O pG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 13, 2006
Mr. Jeffrey Whichard
63 Banks Road
Margate, FL 33063
Subject Property:
DWQ Project # 06-1513
Beaufort County
Lot 81, Jeffrey Whichard
Pamlico River [030307, 29-1, SC, NSW]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Mr. Whichard:
You have our approval, in accordance with the attached conditions, to shade 0.0176 acres of non-
vegetated wetland, to construct the proposed two-slip boathouse with associated platform and catwalks, as
described in your application dated August 17, 2006, and received by the Division of Water Quality
(DWQ) 401 Oversight/Express Review Permitting Unit on September 18, 2006, with additional
information received on November 2, 2006. 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 CAMA. 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:
_ I
E Amount Approved Units Plan Location or Reference
_
Non-vegetated Wetland 0.0176 (acres) - shaded DCM Field Investigation Report
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httrr/ih2o.enr.st itc.nc.tis/nc%sQtlandS
One
NhCarol ina
? alarally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Jeffrey Whichard
Page 2 of 3
November 13, 2006
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
Lake Royale as identified within 15A NCAC 213 .0259(5).
Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
6. 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.
7. 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
Mr. Jeffrey Whichard
Page 3 of 3
November 13, 2006
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 252-946 681.
A W K/ijnt
Enclosures: GC 3400
Certification of Completion
Sinc >el ,
Ian W. Klimek, P.E.
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
William Henry Whichard, Jr., 3068 Whichard's Beach Road, Chocowinity, NC 27817
Filename: 061513Lot81 JeffreyWhichard(Beaufort)f01_CAMA
WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT
NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND
RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC
2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit
198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213 .0200. This Certification
replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification
Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and
Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance
with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the Division of Water
Quality as well as compliance with all conditions of this General Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits do not
require written authorization from the Division of Water Quality as long as they comply with all other
conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written
concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of
the two fees. The fee shall be collected and distributed between the two agencies in accordance with
agreements reached between the Division of Water Quality and the Division of Coastal Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to
150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation
may be required for any project with Buffer Rules in effect at the time of application for buffer impacts
resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and
stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The
most current design and monitoring protocols from DWQ shall be followed and written plans submitted
for DWQ approval as required in those protocols. When compensatory mitigation is required for a
project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed before any
permanent building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the travelling public;
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also
intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW,
Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a
150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river
basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires
written concurrence from DWQ in accordance with 15A NCAC 2B.0200. New development activities
WQC #3400
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B.0200. All new development shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
original grade restored after the Division of Land Resources has released the project;
8. If an environmental document is required, this Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from
the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of
the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for CAMA major
permits which are proposed under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most recent version of the
Certification of Completion form to notify DWQ when all work included in the 401 Certification has
been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years
from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding General Permit 198000291, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal application
for individual certification for any project in this category of activity that requires written concurrence under this
certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or
degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC 4 3400
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
Mr. Jeffrey Whichard
Page 3 of 3
November 14, 2006
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 252-94 -6481.
Sin c ely,
Alan W. Klimek, P.E.
AWK/ym
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
Mike Street, P.O. Box 769, Morehead City, NC 27557
William Henry Whichard, Jr., 3068 Whichard's Beach Road, Chocowinity, NC 27817
Filename: 061513Lot81JeffrcyWhichard(Beaufort)401_CAMA_revised
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
ff this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT
NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND
RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC
2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit
198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213 .0200. This Certification
replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification
Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and
Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance
with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the Division of Water
Quality as well as compliance with all conditions of this General Certification;
2. Activities authorized by Coastal Area Management Act (CXMA) Minor or General Permits do not
require written authorization from the Division of Water Quality as long as they comply with all other
conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written
concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of
the two fees. The fee shall be collected and distributed between the two agencies in accordance with
agreements reached between the Division of Water Quality and the Division of Coastal Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to
150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation
may be required for any project with Buffer Rules in effect at the time of application for buffer impacts
resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and
stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The
most current design and monitoring protocols from DWQ shall be followed and written plans submitted
for DWQ approval as required in those protocols. When compensatory mitigation is required for a
project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed before any
permanent building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the travelling public;
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also
intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW,
Tr, WS-1 and WS-11 unless the project is a linear, publicly-funded transportation project, which has a
150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river
basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires
written concurrence from DWQ in accordance with 15A NCAC 26.0200. New development activities
WQC #3400
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
original grade restored after the Division of Land Resources has released the project;
8. If an environmental document is required, this Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from
the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of
the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for CAMA major
permits which are proposed under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most recent version of the
Certification of Completion form to notify DWQ when all work included in the 401 Certification has
been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years
from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding General Permit 198000291, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal application
for individual certification for any project in this category of activity that requires written concurrence under this
certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or
degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC 4 3400
NC DENR - DIVISION OF WATER QUALITY
WETLANDS AND STORMWATER BRANCH > •., _,-,•,- 0 __I? 0702
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650 : E r u F: ; c r, t' • , _ n u s T ? ?, <_ < : ;' •, V 2) ." 0
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DC: 27699165099
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NC DENR - DIVISION OF WATER QUALITY
WETLANDS AND STORMWATER BRANCH
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650
cE.TEJ"r:.. SEi:V_ ii ECEJE EL ^{?
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----
Pen-nit Class Pennit Number
NEW 197-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
? t--?A l and
D I v D Coastal Resources Commission
DEC 1 2006 LL t? vQ 5l3
OENR - YYATER QUALITY for
V;ETlAtdOSAJJIDSTOR? 7f TER5R1% X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Jeffrey W. Whichard, 623 Banks Road, Margate, Florida 33063
Authorizing development in Beaufort County at the Pamlico River. 3064 Whichards Beach Road.
Portside Mobile Home Retl-cat , as requested to the penmttee's application dated 8/17/06, including; the
attached workplan drawing (1), dated 7/17/06
This pernlit, issued on - December 13, 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, inlprisonnlent or civil action; or play cause the pernlit to be null and void.
Dockin(Facility
1) In accordance with commitments made by the pernlittee, the 14' X 32' covered concrete floor is not
authorized by this permit, and any and all references in the attached permit application and workplan
drawings to the covered concrete floor is hereby deleted.
2) In order to nlininlize loss of public trust habitat, the width of the proposed 8' x 24' center platform shall
be reduced in to a rlulxinlunl of 6'.
3) 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 pernlittee 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 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
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
hlana-ement Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
-+ Cl t es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pernlittee
Jeffrey W. Whichard
ADDITIONAL CONDITIONS
Permit #197-06
Page 2 of 3
4) 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 shall be conducted on, in or over public trust
waters without permit modification.
5) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, as measured from the roof waterward to the top of the platform. In this case, the side coverage
shall not extend waterward from the roof more than a maximum of 4 feet.
6) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
7) The boathouse 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.
8) No attempt shall be made by the pernlittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The pernlittee is not relieved of this requirement if lie abandons the
permitted activity without having it transferred to a third party.
10) This permit does not authorize the interference with any existing or proposed Federal project, and the
pernlittee 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.
11) The pcrniittee 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 structure in order to make it more visible during hours of darkness or
inclement weather.
12) This permit authorizes a nlaxinTtllll of two boat slips.
General
13) 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 North Carolina. No
claim shall be made against the United States or the state of North Carolina oil aCCOUnt of any such
removal or alteration.
f .
Jeffrey W. Whichard Permit #197-06
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
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 pennittee'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 detennination. The permittee is further advised that many development or
land disturbing activities are not authorized within 50 feet of the normal water level and/or
landward edge of any coastal wetlands unless specifically exempted by Environmental
Management Commission (EMC) Tar Pamlico River buffer regulations in place at the time of
such development.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 061513), which was issued on 11/13/06.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200641275.
O? W a r?9p?
> _ =1
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 14, 2006
Mr. Jeffrey Whichard
63 Banks Road
Margate, FL 33063
Subject Property:
Lot 81, Jeffrey Whichard
Pamlico River [030307, 29-1, SC, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1513
Beaufort County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions - REVISED
Dear Mr. Whichard:
You have our approval, in accordance with the attached conditions, to shade 0.0176 acres of non-
vegetated wetland, to construct the proposed two-slip boathouse with associated platform and catwalks, as
described in your application dated August 17, 2006, and received by the Division of Water Quality
(DWQ) 401 Oversight/Express Review Permitting Unit on September 18, 2006, with additional
information received on November 2, 2006. 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). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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 CAMA.
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:
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htta;//h2o.enr.stale.ne,us/newctlands
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Jeffrey Whichard
Page 2 of 3
November 14, 2006
Amount Approved Units Plan Location or Reference
Non-vegetated Wetland 0.0176 acres - shaded DCM Field Investigation Report
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
receiving waters as identified within 15A NCAC 2B .0259(5).
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
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.
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.
Mr. Jeffrey Whichard
Page 3 of 3
November 14, 2006
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 252-94 -6481.
Sin t! ely,
Alan W. Klimek, P.E.
AWKlijm
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
Mike Street, P.O. Box 769, Morehead City, NC 27557
William Henry Whichard, Jr., 3068 Whichard's Beach Road, Chocowinity, NC 27817
Filename: 061513Lot81 JeffreyWhiehard(Beaufort)301_CAMA_revised
oto? w A r?Rp?
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 13, 2006
Mr. Jeffrey Whichard
63 Banks Road
Margate, FL 33063
Subject Property:
Lot 81, Jeffrey Whichard
Pamlico River [030307, 29-1, SC, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1513
Beaufort County
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Mr. Whichard:
You have our approval, in accordance with the attached conditions, to shade 0.0176 acres of non-
vegetated wetland, to construct the proposed two-slip boathouse with associated platform and catwalks, as
described in your application dated August 17, 2006, and received by the Division of Water Quality
(DWQ) 401 Oversight/Express Review Permitting Unit on September 18, 2006, with additional
information received on November 2, 2006. 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 CAMA. 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:
Amount Approved Units Plan Location or Reference
Non-vegetated Wetland 0.0176 acres - shaded DCM Field Investi ation Report
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o c r.stitc,nc.us/nc%N'etlqnds
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Jeffrey Whichard
Page 2 of 3 j
November 13, 2006
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
Lake Royale as identified within 15A NCAC 213 .0259(5).
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
6. 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.
7. 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
Mr. Jeffrey Whichard
Page 3 of 3
November 13, 2006
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
Act. If you have any questions, please telephone Cyndi Karoly in the Central O ice
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946 6481
AWK/Um
Enclosures: GC 3400
Certification of Completion
Sine ,
1,
an W. Klimek, P.E.
II
of the Clean Water
in Raleigh at 919-
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
William Henry Whichard, Jr., 3068 Whichard's Beach Road, Chocowinity, NC 27817
Filename: 061513Lot81JeffreyWhichard(Beaufort)101_CAMA
(252) 975-3472
HOOD RICHARDSON, PA
Engineers - Surveyors - Geologists
110 West Second Street
Washington, North Carolina 27889
October 30, 2006
Mrs. Cindy Karoly
401 0vcrsight/Express Review Pennitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Lot 81, Jeffrey Whichard
Pamlico Rivcr (030307, 29-1, SC, NSNV)
Request for more information letter 10/20/06
DWR Project 4116-151'
bu - 1l? 13
OLO - I ? 1
Dcar Mrs. Karoly,
Mr. Wluchard desires to withdraw 11is request to cover the 14 x 32-foot area in zone 1.
Enclosed arc two copies of the revised map.
C.C. Kyle Barnes, CAMA Washington regional office
William Henry Wluchard, Jr.
Sincere] you ,
ood Richardson, PE, PG, PLS
NOV 2 _
_ 2006
,? ??? wH r?q0
?O 7
r
o -c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. I
Division of Water
October 20, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jeffrey Whichard
63 Banks Road
Margate, FL 33063
Subject Property: Lot 81, Jeffrey Whichard
Pamlico River [030307, 29-1, SC, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Whichard:
DWQ Project # 06' 513
Beaufort Co my
On September 18, 2006, the Division of Water Quality (DWQ) received your application c
August 17, 2006, to shade 0.0176 acres of non-vegetated wetland, and 0.0102 acres of esti
shoreline, and impact an undisclosed square footage of Zone 1 Tar-Pamlico River basin
protected riparian buffer to construct the proposed two-slip boathouse with associated plat:
and catwalks. The DWQ has determined that your application was incomplete and/or proN
inaccurate information as discussed below. The DWQ will require additional information
order to process your application to impact protected wetlands and/or streams on the subje
property. Therefore, unless we receive five copies the additional information requested be
we will have to move toward denial of your application as required by 15A NCAC 21-1.051
will place this project on hold as incomplete until we receive this additional information. ]
provide five copies of the following information so that we may continue to review your p
Additional Information Requested:
1. Please provide purpose and need for the proposed 14' x 32' covered shelter in Zone I'of
the Tar-Pamlico River basin protected riparian buffer attached to the boathouse. This
portion of the structure is in violation of the buffer rules.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please cor
me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not heal
from you within three weeks, we will assume that you no longer want to pursue this project
we will consider the project as withdrawn.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786/ FAX 919-733.6893 / Internet: http://h2o.enr.state.nQ.us/ncwctlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
()F W A rrl 9o Michael F. Easley, Governor
`0 G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
t7 .? Alan W. Klimek, P.E. Director
Division of Water Quality
October 20, 2006
DWQ Project # 06-1513
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jeffrey Whichard
63 Banks Road
Margate, FL 33063
Subject Property: Lot 81, Jeffrey Whichard
Pamlico River [030307,29-1, SC, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Whichard:
On September 18, 2006, the Division of Water Quality (DWQ) received your application dated
August 17, 2006, to shade 0.0176 acres of non-vegetated wetland, and 0.0102 acres of estuarine
shoreline, and impact an undisclosed square footage of Zone 1 Tar-Pamlico River basin
protected riparian buffer to construct the proposed two-slip boathouse with associated platform
and catwalks. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive five copies the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide five copies of the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide purpose and need for the proposed 14' x 32' covered shelter in Zone 1 of
the Tar-Pamlico River basin protected riparian buffer attached to the boathouse. This
portion of the structure is in violation of the buffer rules.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please contact
me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear
from you within three weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.tis/ncwctland$
Np One
Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Jeffrey Whichard
Page 2 of 2
October 20, 2006
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding this matter or would like to set
up a meeting to discuss this matter.
Since h, ?
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ynt
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Mr. William Henry Whichard, Jr., 3068 Whichard's Beach Road, Chocowinity, NC 27817
Filename: 061513Lot81JeffreyWhichard(Beaufort)On_[Iold
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
1IE1I0RANDU1I
TO: Ms. Cyndi Karoly
Env. Biological Supervisor `? `?
Division of Water Quality, Wetlands Unit
PROM: Doug Iluggett Respond to Doug FIuggett
itilajor Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 14 September 2006
SUBJECT: CAMA Application Review
APPLICANT: Jeffery Whichard
William Henry Whichard Jr. Agent
PROJECT LOCATION: Lot 81 Whichard's Beach Rd Chocowinity, NC
PROPOSED PROJECT: Applicant proposes to build a two-slip boathouse with associated platform
and cat walks.
Please indicate below your position or viewpoint on the proposed project and return this form by 5
Octobcr 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 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
FD) 77J 11 TN //7
Js
?. N f s 2006
Date
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Jeffrey Whichard
2. LOCATION OF PROJECT SITE: Lot #81 Whichard's Beach Rd
Photo Index 2000: 100-1140 8B 1995: 100-1063
State Plane Coordinates - X: 645,969.813 Y: 2,585,557.793
USGS Quad: Washington (lower right)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 25 August 2006
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 7 September 2006
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Transitional
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
7. HABITAT DESCRIPTION:
(E) Wastewater Treatment: Existing - None
Planned - Septic tank and drain field
(F) Type of Structures: Existing -Bulkhead and boatramp.
Planned - 24' X ±32 boathouse, ±8' X ±24' platform and (2) ±2' X ±24'
catwalks.
(G) Estimated Annual Rate of Erosion: N/a
Source -
[AREA]
DRED
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Canal bottom
(C) Estuarine Shoreline
GPS Rover File #1108251313
+768 ft' shaded
+448 ft2 shaded
(D) Total Area Disturbed: ± 1260 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SC/NSW Open: No
8. PROJECT SUMMARY: The applicant proposes to build a two-slip boathouse with associated platform
and catwalks.
Jeffrey Whichard
Beaufort County
Project Setting
The project site is located at lot 981 Whichard's Beach Rd (SR1166), adjacent to
a man-made canal that drains to the Pamlico River, near the Town of Chocowinity 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 by an undeveloped lot. Single-family homes, many with piers and
boathouses exist further upstream from the project site. The lots downstream are
undeveloped. At present the lot has been cleared with no significant vegetation
remaining.
The entire ± 100' of shoreline is protected by bulkhead and there is an existing
boat ramp in the upstream corner of the lot. No other structures exist on the project site at
present.
Project Description
The applicant proposes to construct a ±38' X ±32' two slip boathouse of which
±14' X ±32' will be over the estuarine shoreline and the remaining ±24' X ±32' over the
water. The two slips will be divided by a t8' X :E24' platform. Two, f2' X ±24' catwalks
will provide access to the outer edge of each slip.
Anticipated Impacts
The project as proposed will result in the shading of ±768ft2 of river bottom and
±448ft2 of estuarine shoreline. The project as proposed will result in localized turbidity as
a result of the construction activities.
(252) 975-3472
HOOD RICHARDSON, PA
Engineers - Surveyors - Geologists
110 West Second Street
Washington, North Carolina 27889
August 21, 2006
Project Narrative
Jeffrey William Whichard Permit Application
Whichard's Beach Road
Beaufort County
August 18, 2006
This is an application for an oversize boathouse for lot 81 Portside Mobile Home Retreat.
The reason for the increase in size is that Jeffrey William Whichard desires to keep boats of more than
24 feet in length. Catamarans may also be kept on site.
j y
L. Richardson, PE
(252) 975-3472
HOOD RICHARDSON, PA
Engineers - Surveyors - Geologists
110 West Second Street
Washington, North Carolina 27889
August 04, 2006
Mr. Michael Thomas
Coastal Area Management
NCDER
943 Washington Square Mall
Washington, NC 27889
Re: William Henry Whichard, Jr. Agent.
Dear Mr. Thomas:
Mr. William Henry Whichard, Jr. is my authorized agent for the purpose of applying for a Coastal Area
Management Major Permit to construct a boathouse on my lot fronting on Whichard's Bcach Road near
Portside Mobil Home Retreat.
Sincerely yours, - /
Jeffrey W. Whichard
Form DCM-W-1
4
AFFLIU'ATHON
(To be completed by all applicants)
1. APPLICANT
a. Landowner,
Name Jeffrey W. Whichard
Address 623 Banks Road e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico River
City Margate State Florida
Zip 33063 Day Phone252-946-4954 (agent)
Fax N/A
b
b. City, town, community or landmark
Portside Mobile Home Retreat
c. Street address or secondary road number
J068 Whichards Beach Road
d. Is proposed work within ci X limits or planning
jurisdiction? Yes No
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Authorized Agent: N/A
Name U dj/,- w? ?4wy I Ilkcl- L-,T? a.
Address `3 0 6 g 1??tdll ? ? ?
City "L6Wc-( lria state
27517
Zip Day Phone
Fax
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of house, boathouse,
bulkhead, boat ramp.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work
c. Will the project be for public, private or commercial
use? Private
c. Project name (if any) William Henry Whichard,Jr.
NOTE: Perrot will be issued in name oflcatidowner , aX
??b}&X 'eX
2. LOCATION OF PROPOSED
PROJECT
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. r„- +he rAG g rirAntin i use
of the individual lot owner.
a, County Beaufort
Form DCM-MP-1
I
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.32 acre
b. Size of individual lot(s) 0.32 acre
c. Approximate elevation of tract above MR-W or
NWL 4 feet 1929 Datum
d. Soil type(s) and texture(s) of tract
Sandy Loam
e. Vegetation on tract mowed grass.
f. Man-made features now on tract bulkhead,
boat ramp.
g. What is the CAMA Land Use Plan land
classification of the site? (Consulr the local land use plat,,)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Not zoned
is the proposed project consistent with the applicable
zoning? X yes No
(AUach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes x_ 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 eligible property?
Yes _ X No
1. Are there wetlands on the site? Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted? N/A
6111ach documenian'on, if ovailable)
M. Describe existing wastewater treatment facilities.
None
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,)
Bain water rui2 of f
o. Describe existing drinking water supply source.
Beaufort County Water System
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
0 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.
0 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
Eagiaeers 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
Form DCM-MP-1
0
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
° A Stormwater Certification, if one is necessary.
Not required
° 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 NC Land Partners, LLC
Address 665 Simonds Road
Phone Williamston, MA 01267
Name William Henry Whichard JR
Address 3068 Chocowinity, NC 27817
Phone
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.
CAMA minor fill permit
CAMA bulkhead and boat ramp permit
° A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
° A signed AEC hazard notice for projects in
oceanfront and inlet areas.
° A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
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.
17,, 26 ,) A
This is the day of ?19
Print Name William Henry Whichard , Jr
Signature 1 'IL: 1 ?j
L? or Aulhorize .!gent
Please indicate attachments pertaining to your proposed
project.
MLA DCM MP-2 Excavation and Fill Information
NZA DCM MP-3 Upland Development
X DCM MP-4 Structures Information
N/A
N A 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.
Rfviwpd (1it95
Form DCM-MP-4
kSTRUCTURMS
(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.
Dock(s) and/or pier(S)Inside boathouse
(1) _ Commercial -Community x Private
(2) Number i
(3) Length 2 4
(4) Width 8
(5) Finger Piers x Yes No
(i) Number 2
(ii) Length 24
(iii) Width 2
(6) Platform(s) Yes_ No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed 2
(8) Proximity of strut ture to adjacent riparian
property lines 17' from closest ad'oiner
(9) Width of water body 180
(10) Water depth at waterward end of pier at
MLW or NWL -4 , 9 feet
Boathouse (including covered lifts)
(1) Commercial X Private
(2) Length 24 over water, 14 over land.
(3) Width 2 fPPt
c. Groin (e.g. wood, sheetpile, etc.)None
(1) Number
(2) Length(s)
Breakwater (e.g. wood) sheetpile, etc.) None
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys None
(1) Commercial
(2) Number -Community Private
(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 (boatlifr, mooring pilings, etc.)None
(1) Commercial .-Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (G(ve complele description)
William Henry Whichard, Jr.
Applicant or Project Name
Signature
Date
.92