20040395 Ver 1_COMPLETE FILE_20040315

?NAMichael F. Easley, Governor
`Q?O FQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
F? Alan W. Klimek, P.E., Director
Division of Water Quality
a .? Coleen H. Sullins, Deputy Director
Division of Water Quality
April 28, 2004
DWQ# 04-0395
Beaufort County
Mr. Walter Siller
120 Ocean Avenue
Amityville, NY, 11701
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Siller:
You have our approval, in accordance with the attached conditions, to shade 0.03 acre of wetlands and creek
bottom in order to construct a pile-supported access crossing coastal wetlands marsh to connect a pier with three fixed slips
on your residential waterfront lot in Beaufort County, as described in your application received by the Division of Water
Quality on March 15, 2004. After reviewing your application, we have determined that this fill is covered by. General Water
Quality Certification Number 3400, which can be downloaded from our web site at http://h2o.enr:state.nc.us/ncwetlands .
This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, Coastal Stormwater and U.S. Coast
Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified
in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in
the 401 Certification has been completed;
2. 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.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and.
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3. 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;
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htta://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Mr. Walter Siller
April 28, 2004
Page 2 of 2
4. 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.
If you do not accept any of the conditions of this certification, 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 conforming 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 Tom Steffens in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].
Sincerely,
Q.?a d-
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
Billy F. Warren Jr., 180 Taylor Farm Road, Belhaven, NC, 27810
040395
11 ' t
? COATTq?
z
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Mr. John R. DomeY, Environmental Biological f z
1
Division of Water Quality Supervisor
FROM: Doug Huggett WETLANDS / 401 G OI lp
Major Permits Processing Coordinator
MAR 15 2004
DATE: 9 March 2004
SUBJECT: CAMA/Dredge and Fill Permit Application Review WATER QU?WIt Y SLECTi N
APPLICANT: Walter Siller
PROJECT LOCATION: Eastern Beaufort County
PROPOSED PROJECT: Applicant proposes to construct a 6' x 59' long pile-supported
access crossing Coastal Wetlands marsh to connect to a 6' wide x
109' pier with three fixed slips on a residential waterfront lot.
Please indicate below your position or viewpoint on the proposed project and return this form by
31 March 2004. If you have any questions regarding the proposed project, please contact
Steven J. Trowell at 252-946-6481, Extension 291. When appropriate, in depth comments with
supporting data are requested.
REPLY
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed
Date
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110%a Post Consumer Paper
NorthCarolina
Naturallrm
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Walter Siller
2. LOCATION OF PROJECT SITE: Off SR 1725 at Bailey Point Subdivision on Ross Creek off North
Creek, a tributary to the Pamlico River, in eastern Beaufort County near Belhaven, North Carolina.
Photo Index - 2000: 107-1298: P-14; 1995:107-1133: D-10; 1989: N/A
State Plane Coordinates - X: 2,665,900 Y: 778,000
Ransomville Quad. (lower right corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/27/04
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 3/9/04
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort County
Land Classification From LUP - Limited Transition
(B) AEC(s) Involved: ES, EW, PTA, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - none
Planned - Septic Tank and Drain Field
(F) Type of Structures: Existing - None, undeveloped residential lot.
Planned - Pier with three slips
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DRF.DCTF.D FILLED OTHER
(A) Vegetated Wetlands ±354 ft2 shaded
11
(Marsh)
(B) Non-Vegetated Wetlands ±978 ft2 shaded
Creek Bottom
(C) Other
(D) Total Area Disturbed: 1,332 ft2 or .03 acre
(E) Primary Nursery Area: Yes
(F) Water Classification: SA NSW Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a 6' x 59' long pile supported access crossing
Coastal Wetlands marsh to connect to a 6' wide x 109' long pier with three fixed slips on a residential
waterfront lot.
Walter Siller
Ross Creek
Beaufort County
Project Setting
The project site is located off SR 1725 on lot 69 at Bailey Point Subdivision on
Ross Creek off North Creek, a tributary to the Pamlico River, in eastern Beaufort County
near Belhaven, North Carolina. Bailey Point is a new waterfront residential subdivision
developed by Timberline Land Company along Bailey, and Ross Creek. The subdivision
road is currently unfinished and has been under construction for the last year. The tract
historically had been managed as a pine plantation with an emphasis on timber
production. Lot 69 is a 1.3 acre highground lot vegetated primarily loblolly pine. The
under story consist of broom straw (Andropogon sp.) and greenbrier Smilax sp.). An
area of marsh with varying widths contours the undulating creek shoreline forming points
and shallow bays. Lot 69 is located on a marsh point. The marsh is vegetated primarily
with giant cordgrass (Spartina cynosuroides), saw grass (Cladium iamaicense) and black
needle rush Juncus roemarianus). Water depths 100'offshore lot 69 are 4.5' to 5' during
a normal tide. Although not observed during a site visit in February, Eurasian
Watermilfoil (Myriophyllum spicatum) and Widgeon Grass have been observed in the
tributaries of North Creek. Ross Creek is ±600' wide in the vicinity of lot 69.
Bailey and Ross Creek are designated as Primary Nursery Areas by the NC
Division of Marine Fisheries and SA NSW by the Environmental Management
Commission.
Project Description
The applicant proposes to construct a 6' wide by 57' long access over the marsh
to a 6' wide by 109' long pier with a 6' wide by 60' long dock/T-head platform. The
applicant proposes to place 5 tie pilings configuring three slips. Slip number one will be
for a large vessel mooring side to the 60' long dock.
Project Impacts
The project as proposed will result in the shading of ±978 ft2 of creek bottom and
±354 ft2 of marsh. There will be some short-term turbidity during construction of the
pier.

DevabpmerdType , ..;
i EE DWQ
_ - 160143510009316255253 ' (243001602 4351DDD95 23411
L Private, tnr?mrmnercia! - - '
dttve gwmtt ffud does not involve
the Zfcg or eumvabon of any S25D 100.E ( 0) D°,6 (SO)
wetlands cropen wratetamas
L Public or commercial development
that does not invdw the blmg or
f
d
fi $400 100°A (5400) 0°? (SO)
any we
or open
a=vm
n o
waterwras
UL Farde ptr?ent 5iat urvofves the
?g arut/or'exma5on of up to 1
acre of wetlands ardor open water
areas, ddemi ne If A, B. C. or D
below applies
01(A} For Private. nwH=unemiW
development, If General water Ouafity
S25D
1 oD°A (5250)
Certification No.33o1(see attad 0% (SO)
can be applied
nl(Bk For public or commercial
development.d General water Quality
$400
101M (5400)
CerMiimtion No-33D1 (see attadmd) 0% (SD)
can be applied:
nl(C? IT General wafer Quay
CerMication No. 33D1 (see attar
could be applied, but DCM staff
determined thal additional review and $400 60°:° (6240) 40%($160)
written DWQ conaamnce is needed
because of concerns related tG wafer
quardy or aquatic tife:
nqD? If General Water Qualdy _
Certification No. 33D1 (see a admd) $400 6D°,6 (5240) 40% (5160)
can not be applied:
N For develop Tmd f W invdves
ffre Bing and/or excavation of more
5475
6D% (52P')
than
an one acre of wetlands and/or 40% (5190)
open water
areas
Form DCM-MP-1
1. APPLICANT
a. Landowner:
Name Ue-s \6r , Nkr
Address 120 (? ce-°^n W%1eJ1%kC-
City N tV, -'V4 Z_\e- State !mow o r
Zip 71?N Day Phone _ Sk -Si f - ]M
Fax
b. Authorized Agent:
Name 7 . Uss to 5b,
Address ' s'® ??•10$?r (Ka e
City eNVw,JC-'r\ State
Zip P-) t o Day Phone - ?? -y{a
Fax .;)S;'L ° 9 ° Cad' la l
c. Project name (if any)
NOTE. Pe:rrvir %Q be issere+d in name of k ubw ier(s), enidlor
proled name.
2. LOCATION OF PROPOSED
PROJECT
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? Yes V No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) _ fi? S C.&=t
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
b. Is the proposed activity maintenance of an existing
project, new_ work, or both?
c. Will the project be for public, private or commercial
use? ?f ay??-ems -
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please ttac-h
-,?? y^ 8 "
additional pages
IC
a_ Countyc??c.ul?' .
Form D)CM -MEP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract • ?3 c.?r5
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL +/- %. % ---
d. Soil type(s) and texture(s) of trace
_% CA
gr
e. Vegetation on tract
0 .0 n?A :n 'rqra
f. Alan-made features now on tract .
g. What is the CAMAA Land Use Flan land
classification of the site? (cmucit the local imd use pkm)
Conservation Transitional
Developed - Community
Rural other
h. How is the t tact zoned by local government?
L Is the proposed project consistent with the applicable
zoning? Yes No p1f ?-
(Awch zoning convOwwe cerfificate, itWpliarbk)
Has a professional archaeological
done for the tract? Yes
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 / No
1. Are there wetlands on the site? / Yes No
Coastal (marsh) other
If yes, has a delineation been conducted? tio
MffnA A^mmm*&v ine_ i{availablel
assessment been
&I" No
in. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
o. Describe existing dri`nking water supply source.
5. ADDTT ONAi.WORMATION
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 tide
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
e An ante, elated work plat (ncluding plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources Commission Rule 73.0203 for a
detailed description.)
p1mw note that original drawings are preferred and
only high quality copies will be accepted. Blue4ine
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
Fngiueers 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
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the naives 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 days4in 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 W t1
Address 300-1 dlF? b'' - G1a.csc}er- fir.
Phone C4,e scs e V Ir =321
Name
Address
Phone
Name ?A:k c.oS • ?-
Address la Y31?c? S?-d4:p•+a..?,
:
Phone ?.1r?••,rth la.\? OW 919,2:3
^HGo 5SC 6.60
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement " of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERNIISSION
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 ;K the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 1 "t day of .?`{ .
Print Name, r ?- . `.? d. rrcr, ??(s?
Signature -?
Landm~ or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP -2 Excavation and Fill Information
DCM MP-3 Upland Development
r/ DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment In the
space provided at the bottom of each form.

Form DCM AIP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys V
Private
Permit, Form DCM-MP-1. Be sure to complete all (I) Co -Community
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or P,.)
(1) Commercial -Community &*r Private
(2) Number 1
(3) - Length p? (4) Width of water body
(4) Width (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes v' No shoreline
(i) Number
(ii) Length L Mooring structure (boadift, mooring pilings, etc.) VA_
(iii) Width (1) Commercial Community _ Private
(6) Platform(s) Yes No (2) Number
(i) Number - 1 _-- (3) Length -
(ii) Length CO- ` (4) Width
(iii) Width t?s?
(7) ]'dumber of slips proposed 3 - ? g. Other ov, coder, de Mption) 4j j?-
(8) Proximity of structure to adjacent riparian
property lines'j- ?tt?? ?? 5a"Aa
(9) Width of water body` o!A g
(14) Water depth at wat r and end of pier at
MI. W or NWL J: I
b. Boathouse (including covered lifts)
(1) -- Commercial Private a1$?r- ????*?1e.?
(2) Length - --
t or erect Nam
(3) Width pp:,
c. Groin (e.g. wood, sheetpile, etc.) 101A_ Sig?ratw+e
(1) Number _ 10%) Cc)
(2) Length(s) - - Date
d. Breakwater (e.g. wood, sheetpile, etc.) fJ I&-
(1) Length --
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wpti nnd,z -
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Name: RANSOMVILLE Location: 035° 25'52.a, N 076° 39' 14.3" W
Date: 2/24/2004 Caption: Walter Siller
Scale: 1 inch equals 2000 feet Lot 69 Bailey Point
,boat slip
MEMORANDUM
TO: John Dorney Regional Contact: tom Steffens
Non-Discharge Branch WQ Supervisor: rosier thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Walter Siller County Beaufort
Project Number 04 0395 County2
Recvd From DCM Region Washington
Received Date 3115104 Recvd By Region
Project Type construct a long pile
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE
CAMA vegetated O Y O N 29-29-5-1 SA NSWTIQ 7),307. 0.03 ?-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
issue n/c
cc: Regional Office
Central Office Page Number 1