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HomeMy WebLinkAbout19930271 Ver 1_COMPLETE FILE_19930423. I- A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 22, 1993 IN HEFLY Hht-I=H IV Regulatory Branch Action ID No. 199301818 and State Permit No. 102-93 Mr. Charles Woodard Post Office Box 10273 Goldsboro, North Carolina 27534 Dear Mr. Woolard: U M N P W5 NOV - 3 1993 WETLANDS i(i?: WATER i)FL Reference your application for a Department of the Army permit to construct a dock on the Atlantic Intracoastal Waterway (AIWW), the White Oak River, associated with a resturant, Swansboro, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 John Dorney ivision of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Wallace R. Sherron, Director State Property Office North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603-8003 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 r 3 .A 1 ?2'Ib 3+8?-02? ?• i r 9N1151X? ?n0,„i? I 1 6 s M ?? ? o t+1no5 a? o5'?4i -•- f , 1'91 3 " _w N a f UJ DJ. d I f 7rlAp ti.a hNIl51r? T ON L\ o O J - oL J 1 \J ti) Z _ tr-- N 0 z 4 d 'O h J W ?, j y? v N ? c*? a ; `3C'0IS /"?`? ?bN 0 s2 hnllslr? w? o, a-noway ? o v ? ? ?;;, ???? 0?) D o L obi 4 ri s? co I u Q w_`r 4 ? ?`r i 7 73 o., 4-Q 0 rig' .¢7 E -- nUMP4r,F2 .. I I...j I II I- o ?, 1?141{ J2,r2rc?. ??Ncc: SZG°?8' 35''s 4a' -Zj' M ?n -- ,? Q r. ? 1'S o a S ; r`. 6; ,_.. u 1NALL 2-6 E , 7D H -` u 3 ?• G o. r a ? 1 2 S? N ? 2 ? r ?? ? nrc o I 1]z5 3,F? r 90.g I1 ` z ?Zof4 - ??? ScgLE %=?? --LI4.4kLl= 5 1??3Qn,?.?.b.:.,?_ 1n1JTE f ?1?YLL1 S, FS ?'?, 1953 ?_ __ F n < N ` r ? g? . I ?Ij'j ";Lr I n I- ? d i/ V (??; it N i? _ I I II F?H ?i t b J U I li o ' i ; it ` y III ? I L, . d17 I `P • I -j Ili s ?, ??-I 1 I` 7 .i ' TI' ! J I I _I 1-7 II i !? T1 TI 'I -F'! T I y I ril I ?--- t-- 2 Z: Q C S??r 2 of 4 ? - h 2 ???~ p E c?,.l ? s rR-?,v?E?s i2" X ? ?" !?o - P, r p C 'P ..NO -5 CA cNAP-ZEs ? PHy) ?-jS o,?A?? D S,/v,kn! s gor,-? 0 )\1. C. l ©V-S L, 0 /,/ co, /"/, c. -SEC 7/o)-,! A-A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 9, 1993 Regulatory Branch Action ID. 199301818 Mr. Charles Woodard Post Office Box 10273 Goldsboro, North Carolina 27534 Dear Mr. Woodard: On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 2, 1993, for Department of the Army authorization to construct a dock on the Atlantic Intracoastal Waterway (AIWW), the White Oak River, associated with a resturant, Swansboro,_.6ns:low County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federai review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application.by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199301818 and will be coordinated by Mr. Jeffrey Richter in our Wilmington Field Office. He is available at telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ./Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 0 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199301818 Mr. Charles Woodard Post Office Box 10273 Goldsboro, North Carolina 27534 Dear Mr. Woodard: June 7, 1993 WETLANDS GROUP, WATER QUALITY SEC I By copy of North Carolina Department of Environment, Health and Natural Resources letter to you of May 26, 1993, we have learned that State authorization for you to construct a dock on the Atlantic Intracoastal Waterway (AIWW), the White Oak River, associated with a resturant, Swansboro, ,.onslow County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army application is hereby denied, without prejudice, and your file has been retired. Mr. Jeffrey Richter of my staff is available to answer any questions you may have or to assist you in developing a revised plan. He may be reached at telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished (without enclosures): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms= L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mi John Dorney vision of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199301818 April 28, 1993 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: U V L, U yJ WETLANDS GROUP -WATER QUALITY SECTION Reference the application of Mr. Charles Woodard for a Department of the Army permit to construct a dock on the Atlantic Intracoastal Waterway (AIWW), the White Oak River, associated with a resturant, Swansboro, Onslow County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the permit plans. b. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. C. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. d. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. e. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. L ?. V ' -2- f. The permittee will maintain the authorized work in good condi--icn end in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: -Yr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 d SfATf y ? Y RECEIVED. Q APR 6 1993 Wilmington Regional Offic? DEM State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary April 1, 1993 MEMORANDUM: `y r T4: Mr. A. Preston Howard, P.E., Director APR 5 _199 Division of Environmental Management DIVIS!-C-Di^d OF FROM: John R. Parker, Jr. COASTAL MA?AGEiVIENT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Charles Woodard Project Location: end of Main Street, White Oak River AIWW, Swansboro, Gnslow Co. Proposed Project: to construct a deck and addition to an existing restaurant Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 22, 1993. If you have any questions regarding the proposed project, please contact Charles Pigott at 919/726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. . This agency objects to the project for reasons described in the attached comments. SIGNED DATE ?Z- h3 P.O. Box 27687, Raleigh, North Carolina, 27611-7687 Telephone 919-733-4984 Fax # 919-733-0513 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUALITY SECTION FAX # (919) 733-1338 TELECOPY TO: FAX NUMBER: 7)-? -I q?-,) I- FROM:__ tr Ic )t/'? PHONE• '4 NUMBER OF PAGES, INCLUDING THE COVER SHEET: C -j TRANSMISSION REPORT ( MAY 05 '93 09:14AM ) ******************************************************************************************** * * * * DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE * TIME IDENTIFICATION PAGES CODE NO. * * * MAY 05 09:13AM DIV OF COASTAL MGMNT G3 ST 01'13" OK 02 * * * * * * * * * * * * * * * * * * * * * * * * * DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Charles Woodard 2. LOCATION OF PROJECT SITE: end of Main Street, White Oak River AIWW, Swansboro, Onslow County Photo Index - 1989: 165-15 @ D-15 1984: 27-1132 @ 6-14 State Plane Coordinates - X: 2565200 Y: 346200 p [ [ '` f? 3. INVESTIGATION TYPE: CAMA [ONLY] 4 6W z 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/17/93 WETLANDS crc. Was Applicant Present -YES _ WATER 4uAUTV sE ' : 5. PROCESSING PROCEDURE: Application Received - March 8, 1993 [REVISED] Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Swansboro Land Classification From LUP - Conservation/Developed (B) AEC(s) Involved: ES, CW, PT, EW (C) Water Dependent: YES (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - City of Swansboro Planned - NONE (F) Type of Structures: Existing Restaurant, docks Planned - Deck, addition to restaurant (G) Estimated Annual Rate of Erosion: -0- Source - Bulkhead 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands 1125 sq. ft. Deck (C) Other 263 sq. ft. Highground - Restaurant addition (D) Total Area Disturbed: 1,388 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SC' Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a 45' x 25' deck and addition to an existing restaurant. FIELD INVESTIGATION REPORT: CHARLES WOODARD PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is located adjacent to Main Street and the AIWW/White Oak River, in the Town of Swansboro, Onslow County. The highground portion of the property has previously been bulkheaded and is approximately 0.2 acres in size. A restaurant building is located on the property with an approximately 47' long x 25-37' wide portion of the building being supported on pilings and located over the White Oak River. Waterward of the building, there are 2 decks, one measuring 32' long x 10' wide and the other measuring 25' long x 7' wide. The applicant, in 1991, proposed removing the decks and portions of the restaurant over the water and replacing them with a double-decker deck, pier, plus mooring pilings and slips. This application was denied 3/18/91 due to the deck being considered as 'non-water dependent', and the pier encroaching into a federally maintained channel and exceeding the established pier-head alignment. The applicant now proposes to remove all structures waterward of the MHW and replace them with a 45' long x 25' wide 2-story deck with a flat roof and no sides. No mooring pilings are proposed. A second-story would be added to the existing restaurant above the MHW line, but, this would not expand the existing footprint. Already, a portion of the existing restaurant above MHW (measuring approximately 50' long x 12' wide) has been removed. A 23' long x 11' wide building would be added on to the rear of the building. No parking or other improvements are proposed within the 75' Estuarine Shoreline AEC. Existing impervious surfaces within the Estuarine Shoreline, already exceed the 30% rule. Waters at the project site range from approximately -1.5' to -6' at MLW. Waters in the area are classified as 'SC' by the Division of Environmental Management and are closed to shellfishing. The total distance the deck would extend beyond the MHW would be 25', which is much shorter than the established pier-head alignment along the same shoreline. The Town of Swansboro was recently issued a permit to construct a public dock adjacent to the property measuring 75' long x 14' wide. The Town, however, only constructed a 66' long pier. The project site is also located in an area having a high probability of containing historic and cultural resources. 10. ANTICIPATED IMPACTS: The applicant proposes to remove approximately 1950 sq. ft. of existing restaurant building and covered decks which extend beyond the MHW and replace it with a 1125 sq. ft. 2-story deck with roof and no sides. No mooring pilings are proposed. The deck at present actually goes over the property line of the applicant onto the Town property. The new proposed deck would terminate at the riparian property line. The Town has waived the 15' riparian property line setback FIELD INVESTIGATION REPORT: CHARLES WOODARD PAGE #3 requirement. The proposed deck would be 15' from the other riparian property line. The applicant has already removed approximately 644 sq. ft. of existing building above the MHW. The applicant also proposes to add a second-story on the building (above the MHW line) within the same footprint and add approximately 263 sq. ft. of building to the rear of the building. Impervious coverage would be approximately 31.5% which exceeds the 30% impervious coverage rule, but, would represent a net decrease from previous impermeable areas. PREPARED BY: CHARLES O. PIGOTT DATE: April 1, 1993 Gr-, LU (f) ,M t7c Q I? a? 'ys N \ O g? . ?r a2 vZ, ,x V 1 r d d a a rho li i III -r- ? i 1 o? ? O 4 i W Fil 11 ?iLJI? W i ?---- .?-- , s £ --? -? 1 _i Q ? s z u VJ -? I I 1 I I I. I ' i ? hl2ly$ -_ Z°I, °1 Mss Nlrzy :. Fer?cC_. ?!_.._ P-) .t?.. -o - --- Please type or print. Carefully describe all anticipated development activities, including construction; excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name =,e Address Po 130-A, log -? 3 City o l r s S o?1 o state ZY C Zip cZ? 3Z/ Day phone b9?q) -1u-ayy8 A_ Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address N 14 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number f)IAI? :SV4ff Z- b. City, town, community, or landmark Srv4•?SS0A0 c. County_ 0,17, s/0 IV d. Is proposed work within city limits or planning jurisdiction? SIP s e. Name of body of water nearest project (c Jti?'?P D.ak XZ /_0 tcJ 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). e.? due gf c, Iex ins-1, " < T /a- G.o ; sJ 'c 4/ 6 / n4e4 3/91 f l4dd /I /7 23' e)( /C4.,, b / A*ld seconQ S-.A°A7 CS?yyrt,? „f ?oRl1? If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? 13.411 c. Will the project be for community, private, or commercial use? C I CA 5E d. Describepe planned use of the project. P Aa l 4 LAND AND WATER CHARACTERISTICS .a. Size of entire tract b. Size of individual lot(s) Nl.j9 c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract spa •, ?? e. Vegetation on tract -T as_s ZAw n f. Man-made features now on tract 'Cps 4A.A.4,,- t g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? 13- i. How are adjacent waters classified? S j. Has a professional archaeological survey been carried out for the tract? N o If so, by whom? FEB. 7 19 l 93 ? 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or _ N/tq in. structures proposed n. b. Number of lots or parcels 1 C. Density (Give the number of residential units and the units per acre.) N 1 d. Size of area to be graded or disturbed Nla e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submi}t ed to the Division of Land Resources?_ 1y/?q f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as paveme t, buildings, rooftops. 31, s Water supply source If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N?J1q 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose Of Proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth 06CA Z§'/ g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) Boat basin h. If applicable, has a stormwater management plan Other (break- been submitted to the Division of Environmental water ie Management?_ N/ i4 boat ramp, i. Describe proposed sewage disposal and/or waste rock jetty) water treatment facilities. - ?',',f• off' SwA-? s So A o Fill placed in wetland or below MHW j. Have these facilities received state or local approval? Upland fill s areas k. Describe existing treatment facilities. C_.. ?? 7n S W A.? S S p/1 O 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). lY /?4 2 b. Amount of material to be excavated fron;t below water level in cubic yards A c. Type of material NIA d. Does the area to be excavated include marshland, swamps, or other-wetlands? N? p e. High ground excavation, in cubic yards I J A 3/91 f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? 1? z 4_ If not, attach a letter granting permission frod the owner. i. Will a disposal area be availabl for future maintenance? N ?!4 If so, where? j. Does the disposal area include any marshland, swamps, or water areas? tg k. Will the fill material be placed below mean high water? N 114 1. Amount of fill in cubic yards 114 in. Type of fill material n. Source of fill material o. Will fill material be placed on marsh or other wetlands? f y / 64 p. Dimensions of the wetland to be filled N 1A q. How will excavated or fill material be kept on site and erosion controlled? N/14 r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N 114 s. Will wetlands be crossed in transporting equipment to project site? -1o If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap ft - E N JA b. Average distance waterward of mean high water or normal water level Y 1 i4 3/91 c. Shoreline erosion during preceding 12 months, in feet .?T d. Type of bulkhead material N 114 e. Amount of fill, in cubic yards, to b laced below mean high water J?J f. Type of fill material Ill 1,4 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 710203 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners: These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. TrP7, 7171F ?I F E B 17 1993 ; I t ?V i 3 ----------------- Name -owe- [zf Sw,ar+sS6r1? Address 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name ; I fie 5! / C41he,n z #jn&Y Permit issued in response to this application will Address .0c) 60A Rf,, „¢ 0 allow only the development described in the application. Su 1 ?11 t S hA 0 N C The project will be subject to conditions and restrictions contained in the permit. Name Address 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 to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. This is -41 ay of Fe , 19 S3. X Landowner or Authorized agent A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 4 3/91 ? z 0 -- d? _ r r 9Hiy51X? 3?oW? r IN / ? C? 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VR?1l qa.9 ?p 2s = Jqzwz=? 1 m ,i YCA fs ?'?, ,1953 To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT IEMVUEWER: GREGSO J WQ SU Dis Onn ATE : 4Pr ? 19 9 3 WETLAND INFORMATION FOR CENTRAL OFFIC T PERMIT YR: 93 PERMIT NO.: 93271 PROJECT NAME: Charles Woodard PROJECT TYPE: Deck PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: April 6, 1993 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501 *STREAM OR ADJACENT WATER BODY: White Oak River CLASS: SC STREAM INDEX #: 20-32 *OPEN OR CLOSED: Closed WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A HYDRO CNECT?: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to construct a deck and an addition to an existing restaurant. WATER QUALITY CERT. (401) CERT. REQ'D: No IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: City of Swansboro TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) 93271.apr Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Charles Pigott John Parker S DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Charles Woodard 2. LOCATION OF PROJECT SITE: end of Main Street, White Oak River AIWW, Swansboro, Onslow County Photo Index - 1989: 165-15 Q D-15 1984: 27-1132 Q 6-14 State Plane Coordinates - X: 2565200 Y: 346200 3. INVESTIGATION TYPE: CAMA [ONLY] 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/17/93 Was Applicant Present - YES 5. PROCESSING PROCEDURE: Application Received - March 8, 1993 [REVISED] Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Swansboro Land Classification From LUP - Conservation/Developed (B) AEC(s) Involved: ES, CW, PT, EW (C) Water Dependent: YES (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - City of Swansboro Planned - NONE (F) Type of Structures: Existing - Restaurant, docks Planned - Deck, addition to restaurant (G) Estimated Annual Rate of Erosion: -0- Source - Bulkhead 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NONE (B) Non-Vegetated Wetlands 1125 sq. ft. Deck (C) Other 263 sq. ft. Highground - Restaurant addition (D) Total Area Disturbed: 1,388 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SC' Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a 45' x 25' deck and addition to an existing restaurant. s FIELD INVESTIGATION REPORT: CHARLES WOODARD PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is located adjacent to Main Street and the AIWW/White Oak River, in the Town of Swansboro, Onslow County. The highground portion of the property has previously been bulkheaded and is approximately 0.2 acres in size. A restaurant building is located on the property with an approximately 47' long x 25-37' wide portion of the building being supported on pilings and located over the White Oak River. Waterward of the building, there are 2 decks, one measuring 32' long x 10' wide and the other measuring 25' long x 7' wide. The applicant, in 1991, proposed removing the decks and portions of the restaurant over the water and replacing them with a double-decker deck, pier, plus mooring pilings and slips. This application was denied 3/18/91 due to the deck being considered as 'non-water dependent', and the pier encroaching into a federally maintained channel and exceeding the established pier-head alignment. The applicant now proposes to remove all structures waterward of the MHW and replace them with a 45' long x 25' wide 2-story deck with a flat roof and no sides. No mooring pilings are proposed. A second-story would be added to the existing restaurant above the MHW line, but, this would not expand the existing footprint. Already, a portion of the existing restaurant above MHW (measuring approximately 50' long x 12' wide) has been removed. A 23' long x 11' wide building would be added on to the rear of the building. No parking or other improvements are proposed within the 75' Estuarine Shoreline AEC. Existing impervious surfaces within the Estuarine Shoreline already exceed the 30% rule. Waters at the project site range from approximately -1.5' to -6' at MLW. Waters in the area are classified as 'SC' by the Division of Environmental Management and are closed to shellfishing. The total distance the deck would extend beyond the MHW would be 25', which is much shorter than the established pier-head alignment along the same shoreline. The Town of Swansboro was recently issued a permit to construct a public dock adjacent to the property measuring 75' long x 14' wide. The Town, however, only constructed a 66' long pier. The project site is also located in an area having a high probability of containing historic and cultural resources. 10. ANTICIPATED IMPACTS: The applicant proposes to remove approximately 1950 sq. ft. of existing restaurant building and covered decks which extend beyond the MHW and replace it with a 1125 sq. ft. 2-story deck with roof and no sides. No mooring pilings are proposed. The deck at present actually goes over the property line of the applicant onto the Town property. The new proposed deck would terminate at the riparian property line. The Town has waived the 15' riparian property line setback FIELD INVESTIGATION REPORT: CHARLES WOODARD PAGE #3 requirement. The proposed deck would be 15' from the other riparian property line. The applicant has already removed approximately 644 sq. ft. of existing building above the MHW. The applicant also proposes to add a second-story on the building (above the MHW line) within the same footprint and add approximately 263 sq. ft. of building to the rear of the building. Impervious coverage would be approximately 31.5 % which exceeds the 30% impervious coverage rule, but, would represent a net decrease from previous impermeable areas. PREPARED BY: CHARLES O. PIGOTT DATE: April 1, 1993 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name ?Z In 64 ?n 6 rfr9,4c/ Address O /g o x 16a 1I 3 City (L l rf s 6,aA o State N C Zip a'?S3y Day phone ?/`?? ?1 f?- ayy8 Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address /14 N 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number n ol, s?-eee f b. City, town, community, or landmark _S[.v?4ti S S o?1 0 c. County O'n.s/ow d. Is proposed work within city limits or planning jurisdiction? YP s e. Name of body of water nearest project A-) ?"I r 0?4 k 1Q/ ? trQ / /7Z l c> L cJ 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). :7' / b 14 Q,0 IA to it-S-) x y 5 n ,q 3/91 A&J SeeOrnQ Sooty `SAP"C 4,1- P,Q? If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? 13-411 c. Will the project be for community, private, or commercial use? C o?"r.'er te-I I US d. Describe a planned use of the project. P QAl'1' 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract f{l,?? D, (e 4 b. Size of individual lot(s) N/ r4 c. Elevation of tract above mean sea level or National Geodetic Vertical Datum ,2., fn g/ d. Soil type(s) and texture(s) of tract :id n efv e. Vegetation on tract -T ass /A w i f. Man-made features now on tract Res 4A tA,4r+T g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? 13-2 i. How are adjacent waters classified? 5'C j. Has a professional archaeological survey been carried out for the tract? IV o If so, by whom? 7 FEB 1993 ; 2 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildin s, facilities, or structuresproposed N?iA b. Number of lots or parcels.? c. Density (Give the number of residential units and the units per acre.) N I A d. Size of area to be graded or disturbed N/? e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submi}ttted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as paveme t, buildings, rooftops. 31. s g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N/ A i. Describe proposed sewage disposal and/or waste water treatment facilities. /? ?? ?N OT SwA'1 S96AO in. Water supply source Ci7y V? SwA,1SLA0 n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water ie boat ramp, rock jetty) Fill placed in wetland or below MHW Have these facilities received state or local approval? Upland fill v es areas k. Describe existing treatment facilities. 4L,-? ;,6 S&..A.sS s0.4 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N 119 b. Amount of material to be excavated from?}} below water level in cubic yards JN /A4 c. Type of material q A d. Does the area to be excavated include marshland, swamps, or other wetlands? Nl A e. High ground excavation, in cubic yards N1? 2 - 3/91 f. Dimensions of spoil disposal area g. Location of spoil disposal area U h. Do you claim title to the disposal area? If not, attach a letter granting permission fro the owner. Will a disposal area be availN abl ?for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? mg l4 1. Amount of fill in cubic yards PI/ IG m. Type of fill material 4 / J4 n. Source of fill material y[y??4 o. Will fill material be placed on marsh or other wetlands? 14 p. Dimensions of the wetland to be filled tj /n q. How will excavated or fill material be kept on site and erosion controlled? Wi4 r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N /?4 s. Will wetlands be crossed in transporting equipment to project site? -Alo If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 4 -f: IVl4 b. Average distance waterward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet 4 104 d. Type of bulkhead material e. Amount of fill, in cubic yards, to bg placed below mean high water J11 f. Type of fill material N / j1 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners.' These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. ?n FEB 1 7 1993 {I 3/91 Name Address Name 04A",:, X_ p'1 ml oy permit issued in response to this application will Address gQc)d allow only the development described in the application. 57" „a i s S nn t, N C 3S ?/ The project will be subject to conditions and restrictions ' contained in the permit. Name Address 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 to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). / OW?1 (Zf .9wAt,i J64o 9 CERTIFICATION AND PERMISSION S,.,r4,5 6 0/RU r7 C'_ Asst N TO ENTER ON LAND I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. This is ay of Feb , 19 93. X _,A ?Q Landowner or Authorized agent 4 3/91 0r-,, LU > (V\ E a i ' b N ?r ? Z I, c.. M ? k X 1 ell a ? ?S 4 w ? Q 4 y ro;? = a 'p o ? i, 71 ? w W MAJ . Z 0 r- Ul= W --? --+ IS E V ? V. 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