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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 NIXIE 030 1 RCTURN TO NO SUCH UNABLE TO DC: 27699165099 0 00 1S./ 02/ oe SCNDC:R '4UMDER FORWARD *2600-00679-17-40 f 11111,1, IL„1,1,,1,1„l,,,ll 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 ^{? w C• NIXIE: 300 1 RETURN TO NO SUCH UNADLE TO DC: 2769916SO99 ?'-?<? '- - I I I I I IJ I i l l II G'. -1 i2u-E 07020 01108, .% - I IC` I"??-r _ 00 1z-/ 02/ Ot: SENDER VUME3ER FORWARD *1140-11453-1E5-00 ---- 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