20040638 Ver 1_COMPLETE FILE_20040419

Certificate of Completion
A../~ /?/. ~~ 7~//~"'~1'
DWQ Project No.: ( V-7 -tv ~./ 2f County: _ .~'---
U4?t( # /~

Applicant:

WETLANDS 1401 GROUP

Project Name:

Date of Issuance of 401 Water Quality Certification:

(/~v

JUN 1 7 2004
WATER QUALITY SECTION

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/Wetlands 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.

I, 4~, hereby state that, to the best of my abilities, due care and
diligence w sed in the obse ation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 40 l' Water Quality Certification and Buffer Rules, the
approved plans d s e' tions r pporting materials. '.
~

Date:

Signature:

Agent'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:

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:

at( wArslf
&" o{;-
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D "'(

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
Coleen H. Sullins, Deputy Director
Division of Water Quality

June 8, 2004
DWQ# 04-0638
Tyrrell County

Mr. Willy Phillips
3656 Fort Landing Road
Columbia, NC, 27925

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Phillips:

You have our approval, in accordance with the attached conditions, to usurp 0.07 acre of non-vegetated wetlands in
order to expand an existing platform on the Little Alligator River in Tyrrell County, as described in your application received
by the Division of Water Quality on April 19, 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
htto:/Ih20.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 aPPfoval 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 Carolinf!l
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 design'ed, 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 Preconstruction Notice Application. 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)
'l)19) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.uslncwetlands)

Mr. Willy Phillips
June 8, 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;

5. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A
NCAC 4B .0024]; see NCDOT publication, Best Management Practices for the Protection of Surface Waters
(March 1997);

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].

Sl~~~

r Alan W. 'Klimek, P.E.

AWK/cbk

Attachments

cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM

040638

0638

WETLANDS /401 GROUP
APR 1 9 2004
WATER QUALITY SECTION

MEMORANDUM

TO:

Mr. John R. Dorney, Environmental Biological
Division of Water Quality Supervisor

RECEIVED
APR 1 6 2004
DWQmWARO

FROM:

Doug Huggett
Major Permits Processing Coordinator

DATE:

15 April 2004

SUBJECT:

CAMA/Dredge and Fill Permit Application Review

APPLICANT:

Willy Phillips

PROJECT LOCATION:

Tyrrell County

PROPOSED PROJECT:

Applicant proposes to expand existing platform from 16 feet by 32
feet to 36 feet by 80 feet with two 6 feet by 20 feet finger piers and
10 - 4 pile dolphin clusters creating 6 fixed slips.

Please indicate below your position or viewpoint on the proposed project and return this form by
6 May 2004. If you have any questions regarding the proposed project, please contact Kelly
Spivey at 252-946-:6481, Extension 280. 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

Of'

,DIVISION OF COASTAL MANAGE:MENT
FIELD INVESTIGATION REPORT

,

1.

APPLICANT'S NAME: Willy Phillips

2. LOCATiON OF PROJECT SITE: Tyrrell County
Photo Index - 2000: 128-1508, Q-13 1995:128-1370, E-7 1989: N/A
State Plane Coordinates - X: 2,868,100 Y: 811,100
Fort Landing (upper left comer)

3. INVESTIGATION TYPE: CAMA

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8 April 2004
Was Applicant Present - Yes

5. PROCESSING PROCEDURE: Application Received - 30 March 2004
Office - Washington

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Tyrrell County
Land Classification From LUP -Conservation
(D) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic Tank
Planned - N/ A
(F) Type of Structures: Existing - Existing - pier & platform, house, out buildings
Planned - platform expansion, two finger piers
(G) Estimated Annual Rate of Erosion: N/ A

7.

HABITAT DESCRIPTION:

(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 3,120 ft2
River bottom
(c) Other
Uplands

DREDGED

[AREA]
FILLED

OTHER

(D) Total Area Disturbed: 3,120 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SC Sw
Open: NO

8. PROJECT SUMMARY: Applicant proposes to expand existing platform from 16 feet by 32 feet to 36 feet by 80
feet with two 6 feet by 20 feet finger piers and 10 - 4 pile dolphin clusters creating 6 fixed slips.

,

Willy Phillips
Fort Landing
Tyrrell County

Project setting

The project site is located at 3656 Fort Landing Road, offSR 1209 at Fort Landing, on the
Little Alligator River near Columbia in Tyrrell County, North Carolina. The property is bordered on
both sides by undeveloped wooded wetlands. The elevation of the tract is::l:2 feet above water level
with a ::I: 20' section of 404 wetlands and ::1:20' section of coastal wetlands located between high
ground and the Little Alligator River. The property measures 780' along the shoreline and is not
stabilized. A pile foundation for residential construction, an out building containing crab shedders and
an existing mobile home with a landscaped yard are present on the site. A 6' wide by::l:334' long pier,
with a 16' by 32' T -head currently exist at the site. The adjacent properties are of similar contour,
comprised of both uplands and wetlands primarily vegetated with mixed hardwoods, pines and
understrory shrubs.

The Little Alligator River is classified as SC Sw by the Environmental Management
Commission at the project site. The Little Alligator River is Inland water and is not open to shell
fishing.

Project description

The applicant proposes to expand the existing 16' wide by 32' long platform to become 36'
wide by 80' long and construct two 6' wide by 20' long finger piers. Also, the applicant proposes to
construct 10 - 4 pile dolphin clusters for a total of6 fixed slips. The proposed additions will bring the
total platform square footage to 3,120 ft2.

Anticipated impacts

The project as proposed will result in the additional incorporation of2,608 ft::l: of river bottom
from the platform expansion and construction of two finger piers. The project as proposed will result
in localized turbidity as a result of the construction activities.

Kelly Spivey - 12 April 2004

1

NARRATIVE FOR CAMA PERMIT
WILLY PHILLIPS
March 22, 2004

My present dock at Fort Landing is 350' x 6' with a 16' x 32' T on
the end, reaching a water depth of 3'. I would like to increase the
size of the "T" to 36' x 80' , with two finger piers of20' x 6'. In
order to have six slips we will need to construct 10, 4 post
"dolphins" and approximately 20 additional pilings of 20' x 8".

This permit request is due to several factors. First, this can be a
very rough shore, and an expanded dock and additional pilings
gives more security for the vessels and makes loading and off-
loading easier. Second, I own boats used for crabbing and eeling.
We utilize many crab pots and eel pots in the course of the season.
These pots require cleaning and rotation 3 or 4 times a year and
this work platform would greatly aid us in these duties. Pots take
up a lot of space, and as we would also continue to use the docks
for day to day fishing, the larger the size the more efficient the
operation.

The current CAMA rules allow 4 square feet of platform for every
foot of shoreline. Our survey shows that we have 780' of shoreline
giving us 3120 square feet of platforms. With our expanded "T"
and our finger piers this is the square footage we will have. While
within the limits this would also allow us to fully utilize our
property rights. With possibly 6 boats using the dock, and the
space required to work them, we feel as though we need every
foot.

Should more information be required please call 252 796-9696.

h Fqrm DCM-MP-l

APPLICATION

,

(To be co,mpleted by all applicants) .

.

b. Ci~, ('1. V/l?")~~~Fdmark

-

1. APPLICANT

a. Landowner:

c. ~~tfS~~}~.;lI~

N U/(L j/ ~I'/LL/~' d. ~ pr~pc;sed 'work within city Ipnitsyr planning
ame - - / ... 'IIIb d,sd":'.lOn1 . Yes. ~o
Address,' ?,( -F~ /d"tV ~ eo Name of body of water nearest project ~.j,~iVer
City tff(. r/t"fD/14 State r/ L creek, sound, bay) </T)7l;- ~~
Zip ~79 .2S~PhoDe .??fJ/,1/
Fax 7~;' If .oJ

3. DESCRlPTION AND PLANNED USE
OF PROPOSED PROJECT

b. Is the proposed activity maintenance of an existing
project, new work, or both? ,A./h/ WPgL

c. Proj ect name (if any.)

NOTE: PeT'7l'!it will be issued in name oj lantJcwn.er(I), tmd/or

project Mme.

2. LOCATION OF PROPOSED
PROJECT

a. County

7/~~

Revised Q3/95

f. Man-made features now on tract ~A ~tlr:)lv/J.[)INtJ . .
~(,IJ~/#ml!..fn€.Jl,t1 W/h'PU!:tJ. S. ADDITIONAL INFORMATION
i/~pt:"tuPI ' J
g. What is the CAMA Land Use Plan land . . .
classification of the site? (Comub zM loca1ltwi use pIan.) In ad~ltl0? to the completed application form, the
~ followmg IteID:S must be submitted:
Conservation _ Transitional
Developed ~ Community
_ Rural _ Other

Form DCM-MP-1

t.

-

4. LAND AND WATER
CHARACTERISTICS

a. Size of entire tract 2'~,,4 cU-
b. Size of individual Iot(8) O~ €

c. Approximate elevation of tract above MHW or
NWL .;/

d. Soil type(~~9.te~re(s) ofJ!ct1r
" ~ '!i.Jl/1'1 H'~ ~ ~A?"1
e. Vegetation on tract /'>1 Pc9~V Nc~

h. How is the ~!~.l' local government?

&

m. Describe existing wastewater treatment facilities.
,~T/c:., ~L

n. Describe location .and type of discharges to wa.ters
of the state. (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, 'wash
down II and, r~9~ntla1 discharges.)
,rrL~ ~ilN'tfrr
.

0'. Desc~)A~nking water supply source.

. A copy or the deed (with state application only) or
other instrument under which the applicant cla.ims 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. '

i. Is the proposed~ro' consistent with the applicable
. ~ N
zonmg. _ es _ 0
(Attachzonlnt CQmplUm.c~ c~rrifica:e, ifapplie:ab/.e) . · An accurate, dated work plat (including plan view
.. ------.-.~-...-----and-"""t:\ss_s..I'!+;ona!.-dJ:!l:w;"gs) ..J"!2U1" to \!1"!21pi" hh,.1r
j. Has a professional archaeological ass~ been ink;; an 8"'11211 b; i'1 ~ ';hk~"~a~;;;(Ref;;-~~
done for the tract? Yes . .-...:- No Coastal Resources Commission Rule 71.0203 for a
.. . I.f 'yes.~ .~~ w~oID:~ . detailed description.)

k. Is the project located in a National Registered
Historic District or does it involve a National
. Register 1 isted or ~ property?
_Yes _No
~.
1. . Are there wetlands on the site? _ Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted? ~
(A nac1s dac:u.merrJ.alian I if avaiJab~)

Revised 03f95

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are ~cceptable only if an
adequate number of quality copies are provided by
applicant. (ContAct the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A siteer 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. . Includ'e highway or secondary road (SR)
numbers. landmarks, and the like.

. A Stormwater- Certification, if one is necessary.

. . A list of the names and. complete .addresses or the
adjacent waterCront '(riparian) landowners and
signed return receipts as proof that such owners
have received a copy or 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
fu~er certifies that such notice has been provided.

cC7(Je'~/r./ .
...t () d/a6 tltO~~ ;:"ttVS/41P,;n.J, (J~ .
.7.r7 3'7 ~7,r

~:~>' ~ft:--;. ;t37t12
~Az.h~It,.#( 27ljVf
.

Name
Address
Phone

Name
. Address
Phone

Name
Address
Phone

. A list of previous state or fedel"al permits issued for
w9rk on the project tract. Include permit numbers,
permittee, and issuing dates.
/171) Jr.J7):/.7- IVv'PlPt.. ,JI.6(HIY

j//{L.Y j/IIILL/ff /I/zdl ~J
/ . /

. A check for $250/$400/$475 made
payable to the Department of Environment &
Natural Resources (NCDENR) to cover the
costs of processing the application.

. A signed ABC hazard notice for projects in
oceanfront and inlet areas.

t

.6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

I understand that any permit issued in response to this
applicationwUl allow only the development described in
the application. The project will be subject to conditions
and restrictions contained ill 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 wUl 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 eI!.ter 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 the ~ d"J' of /'1~ , 20/
Print Name

_. ..__ Pleas~. indicat~_~ft::lchmeEts pertaining to your proposed
project. ---..---............-

_ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-S Bridges and Culverts
_ DCM MP-6 Marina Development

NOTE: Please sign and date each attachment in tm
space provided at the bottom of each form.

. A sta.teme1jt of compliance 'With the N.C.
Environmei'1tal Policy Act eN.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.

400 copies of this public document were printed at a total cost of$52.48 or $ ,13 per copy.

Revised 03/95

Form DCM-'MP-4

STRUCTURES

(Construction within Public Trust Areas)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.

a. Dock(s) and/or Pier(s). ~
(I) _ Commercial _Community _ Private
(2) Number
(3) Length p )</In;../~
(4) Width
(5) Finger Piers ~Yes. _ No
(i) Number 7 '
(ii) Lengtb ~.
(Hi) Width '
(6) Platform(s) _ Ye~ _ No
(i). Number !
(ii) Length ...? ~
(Hi) Width ffO
(7) Number of slips proposed
(8) Proximity of structure to.
property lines :2 (/
(9) Width of water body
(10) Water depth at waterward ind
MLW or NWL ... 3. a

b. Boathouse (including covered lifts)
(1) Comrnercjt1
(2) Length A f.A
(3) Width I' v

Private

c. Groin (e.g. wood, sheetpile, etc.)
(1) Number #-
(2) Length(s) /~

d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distan om MHW, NWL or
wetlands
(3) Maximum dis ance beyond MHW, NWL or
wetlands '

Revised 03/95

e. Mooring buoys .
(1) _ Commercial _Community ~rivate
(2) Number
(3) Description of buoy
(Color, insCrip~i~re, anchor, etc.)
, '~7~

(4) Width of water body 9 ~("~'
(5) Distance. buoy(s) to .'~ A placed beyond
shoreline ~ .A

f. Mooring structure (boatli mooring piling. etc.)
(1) _ Commercial ~ ommumty _ Private
(2) Number 2.. 0
(3) Length Z (J I'
(4) Width 8 ~,
(s-J ~ //.iL '!'?4',w..,w ~,-,;y",~ LfL
g. Other (Give complete tkscription)

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