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HomeMy WebLinkAbout63-15 Chowan Countyr Pernit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for R Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 63-15 Issued to Chowan County, 730 N Granville Street, PO Box 1030, Edenton, NC 27932 Authorizing development in Chowan County adiacent to Pembroke Creek, at 716 Queen Street Pembroke Creek Park , as requested in the permittee's application dated 2/24/15 including the attached workplan drawings (3), all dated 1115115 This permit, issued on May 27, 2015 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 oe subject io nnes, imprisonment or civil action; or may cause the permit to be null and void. Water Access Facility 1) Unless specifically altered herein, this permit authorizes the construction of the piers, kayak launch and handicap ramp, 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 reconfigured 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. 2) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to authorized work. (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. 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, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. A Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Chowan County Permit # 63-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and 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. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee 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. 5) The permittee 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 structures in order to make them more visible during hours of darkness or inclement weather. 6) This permit does not authorize and formalized boat slips. `General ` 7) In order to protect anadromous fish, no in -Water work shall be permitted between February 15 and October 31 of any year without prior approval from the Division of Coastal Management. 8) 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 will 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 on account of any such removal or alteration. 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. Chowan County Permit # 63-15 Page 3 of 3 ADDITIONAL. CONDITIONS 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 permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00593. NOTE: An application processing fee of $400 was received by DCM for this project. receive BCE MP-1 O !G !S APPLICATION for MAA 2 2015 Major Development Permit Ac,I,,..r, (last revised 12/27106) EII A.P..; H CITY' NordrGarplina RN,W91,1+OF GOM�STAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Chowan County Project Name (if applicable) Pembroke Creek Park Public Access Improvements Applicant 1: First Name Shannon MI Last Name Ray Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 730 N Granville Street PO Box 1030 City Edenton State INC ZIP 27932 Country Phone No. 252-482-8595 ext. FAX No. 252-482-3223 Street Address (if different from above) City State ZIP Email shannon.ray@chowan.nc.gov 2. AgerWContractor Information Business Name Agent/ Contractor 1: First Name Mark MI Last Name Powell Agentl Contractor 2: First Name MI Last Name Mailing Address 110 Countryside Dr PO Box city Edenton State INC ZIP 27932 Phone No. 1 252 - 333 - 9465 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different hom above) Same - City State ZIP Email mharpow@yahoo.com <Form continues on back> RECEIVED MAR 2 0 2015 Dl,"-kmpm wkhi Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Chowan 716 W QUEEN ST 1204 Subdivision Name City State Zip Edenton NC 27932 - Phone No. Lot No.(s) (d many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Chowan Pembroke Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Edenton Bay and Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city lima the proposed ®Yes ONO work falls within. Town of Edenton 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,340 ft. 5.43 acres, 23,6531 sq. ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lotsizes, please attach additional page with a list) 3 ft ❑NHW or ®NWL e. Vegetation on tract Natural cypress along a section of the northwest shoreline between the existing boardwalk and creek. 3.4 acres of mowed grass and 1.3 acres of natural plants and phragmites reed. A few loblolly pines. A few shade trees were recently planted on the east side of the park close to the boardwalk f. Man-made features and uses now on tract The park is acessed by a gravel entrance off Queen Street. The park consists of 3.44 acres of mowed grass and approximately 1.2 acres of natural plants and phragmites reed. There is 1,033 ft x 8 ft of wooden boardwalk along the waterfront. The boardwalk on the west side of the park is accessed by a concrete and wooden walkway from a 16 ft x 20 ft handicap parking pad. There is a 16 ft x 11ft platform near a cypress stand on the northwest side of the park There is a 30 ft x 6 ft wooden platform on the east end of the boardwalk for launching canoes and kayaks. The platform is about a foot below the level of the boardwalk and about a foot above normal water level. There is a gravel parking area for four cars and a 16' x 20' concrete handicap parking space on the east side of the park. A concrete and timber walkway provides access to the boardwalk from the handicap pad and parking area. g. Identify and describe the existing land uses admacent to the proposed project site. Bayside Marina is to the west of Pembroke Creek Park. It is a private marina with two boat ramps.West Queen St borders the south side of the park and Pembroke Creek the east, north and part of the west side. The State Department of Transportation owns a right-of-way between Queen St and the park. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-14, Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No RECEIVED k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA MAR 2 0 701 If yes, by whom? H IOW/-Orw 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? 144 Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinldng water supply source. None p. Describe existing storm water management or treatment systems. None & Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Pembroke Creek Park is an important resource for public access to Pembroke Creek and surrounding waters. The park serves local residents and visitors for fishing, canoeing, kayaking and nature tourism. It is a true neighborhood park, which many local residents may access by walking or biking. The park also provides safe access to Pembroke Creek and surrounding waters, which include 13 miles of marked paddle trails and five camping platforms on John's Island in Edenton Bay, The Edenton-Chowan Recreation Department will use Pembroke Creek Park for summer water -based recreation programs. The department's canoes, kayaks and equipment will be stored on site for easy access. The proposed project will improve water access to all segments of the community including persons with disabilities. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Round piles for the piers will driven by a small excavator on a barge. The two timber piers and wooden ramp connecting one of the new piers to the existing timber platform will be constructed from a small barge. d. List all development activities you propose. • Construct 2, 50 ft x 6 It fishing piers with 20 ft x 5 ft T's off existing boardwalkto allow fishing in deeper waters. • Construct 14'x4' handicap accessible timber ramp from one of the new piers to existing timber platform. • Install pre -fabricated floating canoe/kayak launch platform (8 ft x12 ft). e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public aocessway or other area ❑Yes ®No ❑NA that the public has established use o% In. Describe location and type of existing and proposed discharges to waters of the state. None. MAR 2 0 7015 pt7M-Mf ur' 1041K+ I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit j. Is there any mitigation proposed? ❑Yes ENo ❑NA If yes, attach a mitigation proposal. <Fonn continues on back> B. Additional Information In addition to this completed application form, (li the following items below, if applicable, must be submitted in order for the application package to be complete. Rams (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. ,yr f fLnt b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. f'r7dTr Ae4e c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. 11[„ _ %tw d. A copy of the deed (with state application only) or other instrument under which the applicant claims title t the affectedliproperties e. The appropriate application fee. Check or money order made payable to DENR. . g.. f. 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. Name Marshall Williford Phone No. Address 802 W QUEEN ST, Edenton, NC 27932 Name NC Department of Transportation Phone No. Address Highway Division 1, 113 Airport Drive, Suite too, Edenton, NC 27932 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NA cop-t 6 gjs3+j1 h. Signed consultant or agent authorization form, if applicable. eAr reco r I. Weiland delineation, if necessary. Nl- j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and permission to Enter on Land V 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 the conditions and restrictions contained in the permit. 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 f Ilow-up ED monitoring of the project. I further certify that the information provided in this application is truthful to the best of my kribWedge. MAR 2 0 -?rill,- Date a 'ai 5 Print Name Shannon Ray, Edenton-Chowan Parks and Recreation Director -pGra:MNgEtivSignature I ' Please indicate application attachments pertaining to your proposed project. PPAR 2 2015 f ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and &+ts v I i receive L_ • Pembroke Creek Public Access Improvement Project, Chow—n County CAMA Major Permit Application 6. Additional Information a. Project Narrative Pembroke Creek Park is an important resource for public access to Pembroke Creek and surrounding waters. The park serves local residents and visitors for fishing, canoeing, kayaking and nature tourism. It is a true neighborhood park, which many local residents may access by walking or biking. The park also provides safe access to Pembroke Creek and surrounding waters, which include 13 miles of marked paddle trails and five camping platforms on John's Island in Edenton Bay (paddle trail map attached). There are two canoe/kayak access sites on the Edenton waterfront one mile from Pembroke Creek Park, but these sites are exposed to the rougher waters of Edenton Bay. Pembroke Creek Park and Pembroke Creek provide recreational opportunities even on windy days when waters are rough in Edenton Bay and the Albemarle Sound. Pembroke Creek Park is also used for regional fishing tournaments. Bayside Marina, on the west side of Pembroke Creek Park, organizes bass fishing tournaments three times a month, April through October. These tournaments bring in approximately 500 fisherman and family members from across the region. Local bass clubs also host four large tournaments a year that average approximately 130 boats per tournament. These four tournaments bring in an additional 1,200 fisherman and family members from across the region. The fisherman and their families use Pembroke Creek Park for parking and tournament events. The Marina and local bass clubs also use Pembroke Creek Park for an annual fishing tournament for local youth. The Edenton-Chowan Recreation Department will use Pembroke Creek Park for summer water - based recreation programs. The department's canoes, kayaks and equipment will be stored on site for easy access. The project will improve water access to all segments of the community including persons with disabilities. Access improvements include: Construct two, 50 ft x 6 ft piers with 20 ft x 5 ft T's off the existing boardwalk to allow fishing in deeper waters. Construct 14 ft x 4 ft wooden handicap accessible ramp from one of the new piers to the existing timber platform (6 ft x30 ft). Attach pre -fabricated floating canoe/kayak launch platform (8 ft x12 ft) to existing timber platform (6 ft x 30 ft). The existing 8 ft wide timber boardwalk parallel to the park's shoreline has approximately 6,260 sq ft of platform over water. RECEIVED MAR 2 0 2015 pwu wkvmw *oA Page 1 of 2 Pembroke Creek Public Access Improvement Project, Chowan County b. An accurate dated work plat. See attached engineer's designs sheets 1-3. c. Location Map. See attached map d. A copy of the deed. NA e. Application fee. Check made out to DENR attached. k. Statement of Compliance with NC Environmental Policy Act. Chowan County is aware of and will comply with the NC Environmental Policy Act in the implementation of the Pembroke Creek Public Access Improvement Project. RECEIVED MAR 2 0 2015 r. "A. NMUM 1-11V Page 2 of 2 Form DCM MP-4 STRUCTURES (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 that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/NARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial OPublictGovemment ❑Private/Community, ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ®No (ii) Number 2 If yes: (III) Length 69 each (ii) Number 1 (iv) Width 6' (iii) Length 12 (v) Floating ❑Yes ®No (iv) Width 4 (v) Floating []Yes ®No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: c-� (ii) Number 1(�(ii) Number fm..) Length 12' Cn.ii Length _ (iv) Width 8' (iv) Width (v) Floating ®Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. D ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service D ❑ Dockage, fuel, and marine supplies ❑ Dockage ('vet slipsl only, number of slips: _ ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Fishing I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water, dredging for basin and/or channel NA ®Open water, no dredging required RECEIVED ❑Other; please describe: MAR 2 0 1015 WCM-Mri ,p,Ty k. Typical boat length: NA I. (i) Will the facility be open to the general public? ®Yes []No m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout: Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (h) Length _ (iii) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Publir/Govemment ❑Private/Community c Distance to be placed beyond shoreline d. Description of buoy (color, Inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL RECEIVED MAR 2 0 1015 Wa"-wnw p" a. Proximity of structure(s) to adjacent riparian property lines Approx. 460' to Marshall Williford property line and approx. 300' to State DOT property line. b. Proximity of structure(s) to adjacent docking facilities. Approx. 600' to Bayside Marina dock and approx. 700' to Edenton Marina slips on Pembroke Creek. Note: For buoy or mooring piling, use am of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL Aoorox 480' 3-4' NWL e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. & OTHER ®This section not applicable a. Give complete description: _sus .n .. / . e r" r •P"—_ ! A � / J. % /^ ` 5 Vi Date Project Name Pembroke Creek Park Access Improvement Project Applicant Name Chowan County ,j Applicant Signature RECEIVED MAR 2 0 101� pbw -"rw 6414 Pembroke Creek Park Access Improvement Project D Location Map Chowan County - 319115 a� Drawer: Mark Powell, Consultant y 5 GS m` loaf ti v S��Fynad 12� 8'dst BUd� B Srar Lei e', � eY .,'I Sf are Roan �73q uasf ^=' m m�r2o4 11 Js�'N�/ Pembroke Creek wGate St 2� t9�wzy@ S m S�eetN $ W Gafa St Pembroke Creek Park We St Que CO Wf'an St y or State Road I s� West Qween St � i a aia State Road 1204 03 m o� �Oaa 3 RobinLn date N. �i S m Kimberly) _ N m Edenton z o N ` Edenton Bay W E 0 0.25 0.5 1 Miles S f 1 1 inch = 100 feet 1 1 0 50 100 200 Feet -, Williford Property 1 i Extension 1 1 Natural Cypress 1 _ Normal Water Level 3V AEC r i i 4' N - - - _ _ Pembroke Creek Park Access Improvement Project W�VVE Site Overview Chowan County - 319/15 S Drawer: Mark Powell, Consultant Pembroke Creek - -- -- New Handicap Accessible Pre-fab Floating Canoe/Kayak Launch 8'x12' Attached to Existng Platform New Pier 45'x6' with 20'x5' Platform r'Vc- +F ✓r� z u,a v - ----------------- j Wooden Boardwalk Wet Area a A m 4' Walkway to m e cHowau couNn R�rass Area � r` r an &unty Handicap Parking 16'x20' r Gravel Entrance Park Entrance / New Pier 45'x6' with \ Main Channel 20'x5' T Platform \ 20' to 25' 4'to5' water Depth � o Water Depth 0 \ ` U 2 ' \ \ L Vinyl Bulkhead j \ Grass Area ` DOT Property Extension 4 Slot Parking Area (60'x44') 1 Handicap Space (16'x20') 0 Pembroke Creek 1 1 inch = 25 feet 0 5 10 20 30 40 50 Feet I . I . I i I I I i I N Pembroke Creek Park Access Improvement Project WE Site Plan IS Drawer: County - 3/9//15 Drawer: Mark Powell, Consultant New Pier 50'x8' with 20'x5' T �.. See Design Sheets 1-3 New Pier �� 50'x6' with 20'x5' T Pembroke Creek Sae Design Sheets 13 New Handicap Accessible Pre-fab Floating Canoe/Kayak Launch ,Pembroke Creek 8'x12' Attached to Existng Platform i See Design Sheet 1 o W N o 4' to 5. g Water Depth U CA c e L � p Water Depth Existing Platform is New 4' x14' Timber 1' below Existing Boardwalk1` Handicap Ramp Wet Area Vinyl Bulkhead Wooden Boardwalk 30 ft AEC��— Wooden Walkway _ — — — — — — — — — ��_ Pine T� Grass Area Grass Area Concrete walkway I IC a YAk v: no aus[Iw�c� Sssb�I>>I�- X-(o -FISR t .I.S PI�r,✓aRt�t t� (i�ECz.. I' r r t � w� C •� - �{- � -4t,� �o X5 le I -Xk P=,?-R Cl2oSS t- y Ct'i q X'- r/alt_ �rxl� CA -4c9a �✓ LIFT ^caN4 WAY - E-k k .T 11-.C; ar EG-CV; IF-- L-. - —iat -. �XtSTiKt, (-1 tAW-E!t,w �oPI!I CAR , ",I t\nj',q-•. i 3266 L AO ............ .L' S' � 4 DAVESI�.�`'� r ,,,.110 I W U�r--CK f- MAR 2 0 701; Prni�R�k t<Ri-:L�.tti ACGEss I ri Pizo�E[�jf^rtr PRpAra 1 yKA ¢ (`Art Vs ufic. t A QJLJ>ENFbF•t-4 it(t 27L -2- Z::: -TE-cT 71-kN oc t"T I ot� 115 —�ll 0 2015 rW 6444 2r jq;SL 't, DAVO Lo-111 �15 Kc- 7�'t-; , 4'u 9 �� fU SE S.S.uucs� ."- yAy,fES ° .Y�.. ;ill/`\ � T t� ' • ._._ tyT-5 . 4v4 (. vr'b wrr��srre�.asr s Nrs . to s SEAL p ; . 3266 = Oy;BINEE�: �• �z� --� RECEIVED i MAR 2 0 7ni; / �J{7M'1111Oq Raf1V bcLT o l�tw r_ cc .. IN CST Too 5 cAt..16-. C,� � A DENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 26, 2015 Chowan County P.O. Box 1030 Edenton, N.C. 27932 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your. application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, I/A DougTds v. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer DCM Coordinator: 47 1 -/ MAILING IDISTRIIBUTION SHEET Permit #: S7 �� DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOIE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation State Property: Water Quality: Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbly Renee Gledhill -Early Diane Williams (WIRO� Joey White (WARD) Shane Staples._ Ken Pace Patti Fowler '1 Tim Walton �— Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Scott Vinson-Stormwater Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARD) Vacant(WIRO) Fax Distribution: Permitee Agent #:_ A A DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2. 3. 4. S. 6. APPLICANT'S NAME: Chowan County LOCATION OF PROJECT SITE: Pembroke Creek Park, 716 Queen Street (SR 1204), adjacent to the Pembroke Creek Bridge. Photo Index: 2006:151-6782 K21 & K22 2000: 151-1836 K 21 1995:151.1874 J 13 & K 13 1989: 1 9-5 H10 & H11 1984: 110-856 D20 & E20 State Plane Coordinates: X: 2700846 Y: 843335 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit(s): 3/5/2015, 7/8/2014 and 10/14/2014 Was Applicant Present: Yes (No - 3/5/2015) PROCESSING PROCEDURE: SITE DESCRIPTION: (A) Local Land Use Plan: LUP Land Classification: (B) AEC(s) Involved: (C) Water Dependent: (D) Intended Use: (E) Wastewater Treatment: (F) Type of Structures: Application Received Complete: March 16, 2015 Office: Elizabeth City Town of Edenton Medium High Density Residential PTW Yes Public Existing: Planned: Existing: Planned: (G) Estimated Annual Rate of Erosion: HABITAT DESCRIPTION: None None An 8'W x 1,0331 pedestrian boardwalk/platform paralleling the shoreline, with two access ramps, a 16'W x 101 viewing platform, a 6'W x 32'L stationary canoe and kayak launch, 285' of vinyl bulkhead, and associated parking access road. Two 6'W x 451 piers w/ 5'W x 20'L "T" head platforms. An 8'W x 12'L floating platform/kayak launch and a 4'W x 121 handicap ramp. N/A [AREA] DREDGED FILLED Shading (A) Vegetated Wetlands (B) Non -Vegetated Wetlands: Open Water 884sf (C) Other: (D) Total Area Disturbed: N/A (E) Primary Nursery Area: No (F) Water Classification: B (primary recreational / aquatic life propagation / fishing / wildlife) Open: No 8. PROJECT SUMMARY: The applicant proposes to construct (2) 6'W x 45'L piers with 5'W x 20'L "r platforms on the end of each, (1) 8'W x 12'L floating kayak launch and (1) HC ramp 4'W x 121 extending from the eastern pier, to access the platform adjacent to the proposed kayak launch. RECEIVED MAR 2 0 2015 04;mwM8 En!' . . A Chowan County Pembroke Creek Park Field Investigation Report Page 2 Project Setting The applicant's property is Pembroke Creek Park, located at 716 Queen Street (SR 1204), adjacent to the Pembroke Creek Bridge, within the Town of Edenton, in Chowan County, North Carolina. The property consists of 5.435 acres of conservation easement, with approximately 1,250' of shoreline; 408' along a man-made canal and the remaining 842' along Pembroke Creek. The average elevation of the tract in question is 2' above mean sea level. Primary land use at Pembroke Park is recreational, including use for regional fishing tournaments, and as a canoe and kayak launch for accessing 13 miles of marked paddle trails and camping platforms on John's Island in Edenton Bay. Structures on the property consist of a 285' vinyl bulkhead along Pembroke Creek authorized by General Permit #64834A, an 8'Wx 1,0331 boardwalk paralleling the shoreline, two platforms, two ramp accesses to the boardwalk, and associated parking outside of the Division Area Environmental Concern (AEC). Approximately 6,260sf of the existing 8' wide boardwalk is located over water and meets the definition of a platform. Adjacent property uses consist of SR 1204 on the south side of the property; Pembroke Creek to the north and east, a man-made canal shared with a commercial boat ramp, docking facility and restaurant to the west. Across SR 1204 is a mix of retail commercial and residential uses. Vegetation along the shoreline escarpment includes, but is not limited to, loblolly pine (Pins taeda), tulip poplar (Liriodendron tulipifera), bald cypress (Taxodium distichum), groundsel tree (Baccharis halimifolia), Carolina jasmine (Gelsemium sempervirens), cat brier (Smilax rotundifolia), common reed (Phragmites australis), soft rush (Juncus effuses), cattails (Typha latifolia), witch cane (Arundinana tecta), poison ivy (Toxicodendron radicans), and a variety of domestic grasses. No submerged aquatic vegetation has been known to inhabit the water bottom within the project limits. Non coastal wetlands are located along the northwest quadrant of the property. The water bottom along the applicant's property consists of a fine silt substrate with a gentle slope. Water depths average between 4' and 5' approximately 50' waterward of existing boardwalk. The nearest pier is a 115' private residential marina with 20 slips located 200' south of the property and the Pembroke Creek Bridge. Pembroke Creek is approximately 500' wide along north side of the property and between 350' and 400' on the east side, adjacent to the bridge. Pembroke Creek is classified as "Inland" beginning at the bridge, and are Public Trust Waters. While the water is classified as "B" for primary recreational is includes aquatic life propagation and survival, fishing, and wildlife. The waters within the creek are also considered nutrient sensitive, requiring limitations on nutrient inputs. There are no known archaeological sites or geologic formations associated with this property. Development Proposal The applicant proposes to construct two 6'W x 451 piers with a 5'W x 2017" head platforms extending a total of 50' waterward of an existing 8' wide platform/boardwalk paralleling shoreline along Pembroke Creek. The project will include an 8'W x 121 floating kayak launch adjacent to an existing platform with a 4'W x 121 handicap ramp extending from the right (east) pier to the existing platform and floating kayak launch. There are no existing or proposed mooring facilities associated with Pembroke Park. RECEIVED MAR 2 0 2015 Chowan County Pembroke Creek Park Field Investigation Report Page 3 Proposed Piers and Platforms: Piers 2(6'W x 451) 'T Head 2(5'W x 20'L) 540sf 200sf Kayak Launch 8'W x 121 96sf HC Ramp 4'W x 121 48sf Subtotal: 884sf Area of proposed components to be applied towards allowable platform will be 344sf. Anticipated Impacts 1) If approved there will be an additional shading of shading 884sf of open water for a total of 7,144sf of shading. 2) If approved the total area of platform dedicated to the property for public benefit will be 6,604sf. 3) Installation of pilings for the proposed piers will result in a temporally increase in turbidity of the water in and around the construction site. 4) A secondary impact of the proposed development if approved will be an increase in debris on land and in the adjacent waterbodies. Submitted by: Lynn W. Mathis Date: March 16, 2015 RECEIVED MAR 2 0 1015 pop#-Iwow d"4 0 RECEIVED MAR 2 0 9n' µboo-ul'nw w o,, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Chowan County County: Chowan LOCATION OF PROJECT: Pembroke Creek Park on 716 Queen Street (SR 1204) in Edenton DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 03/16/15 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Lynn Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: i6�.,� Date:/r'"�C B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Advertise: 03/25/15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 05/30/15 MAIL OUT DATE: Circulation: 3// i //_5 FEDERAL DUE DATE: FEE REC'D: $ 400 (100%) END OF NOTICE DATE: Comments due: 04/14/15 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: Comments due: Ylo 71/ z)— FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY 1�7;7:�IfI1Li7►� AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency -23 ✓ Division of Community Assistance Z Land Quality Section 3 - f ✓ Division of Water Quality -�(9 Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways -21 Wildlife Resources Commission ✓ RECEIVED Local Permit Office MAR 2 0 1015 Division of Marine Fisheries / amp!TM Corps of Engineers r' G S p I SC()6 i3 Ad, HCDEHR 4 r1i Carolina Department of Environment and Natural Pat mccro Governor March I 7-: 2Q 15 MEMOR,.ANDUM TO: Renee Gledhili-Early NIC Department of Cultural Resources I FROM: Daniel Govolai Assistant 'Major Permits Coordinator Division of Coastal Management SUBJECT Applicant: Project Location: Proposed Project: CAMA Permit Application Review Chowan County 716 Queen Street, Edenton Donald P, ran der Vaert Secretary PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS ]'lease indicate below your agency's position or viewpoint on the proposed project and return this ac . . J form by, 04/07/15 to 400 Commerce Aventic, Morehead City, NC 28557 (fax- 252247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3001. 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 project only if the recommended changes are incorporated. See attached. This office Objects to the project for reasons described in II)c attached COMMCIIM in SKINED i I , DATE 1 X7 U$ 1'f' E1cc!A#1 Cay, N:u 27 �99 A em Eno %)w MAR 2 3 2015 Govoni, Daniel From: Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.mil> Sent: Tuesday, May 26, 2015 7:43 AM To: Govon!, Daniel Subject: RE: Chowan County (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE 201500593 Tier II PGP 198000291 May 26, 2015 Thanks! ---Original Message ---- From: Govoni, Daniel[mailto:daniel.aovoni@ncdenr.aov] Sent: Thursday, May 21, 2015 10:48 AM To: Bland, Raleigh W SAW; Pelletier, Josh R SAW Subject: [EXTERNAL] Chowan County Comments? Proposed piers, kayak launch, ramp at 716 Queen Street, adjacent Pembroke Creek Bridge; thanks Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808-2808 (252) 247-3330 fax daniel.govoni@ncdenr.eov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third pa rties. Classification: UNCLASSIFIED Caveats: NONE ��� NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor RECEIVED MAR 2 0 2015 March 17, 2015 DCM-Fisheries WARO MEMORANDUM TO:. Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Chowan County Project Location: 716 Queen Street, Edenton Donald R. van der Vaart Secretary Proposed Project: PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this. form by 04/07l15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. _ This agency has no continent 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 Z� DATE �Illl-5- 1367 US 17 South, Elizabeth City, NO 27909 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: htto:l/oortal.ncdenr.ora/weblcmldan-home An Equal Opportunity 1 Affirmative Action Employer A4 A, KOM North Carolina Department of Environment and Natural Resources Pat McCirory Governor MEMORANDUM: TO: Daniel Govoni, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Chowan County, Pembroke Creek Park DATE: 4/6/15 Donald R. van der Vaart Secretary . A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct two 6' by 45' piers with 5' by 20' t-head platforms into Pembroke Creek, the piling, will be driven by excavator. The applicant also proposes an 8' by 12' floating platform/kayak launch to be installed along the existing boardwalk and an accompanying 4' by 12' handicap access ramp. This portion of Pembroke Creek is classified as an Anadromous Fish, Spawning Area (AFSA). Water bodies with the AFSA designation are considered critical to the lifecycle of anadromous fish such as Alewife, blueback herring, striped bass, hickory and American Shad. Driving pilings can'cause fall back behavior in fishes that disrupts their movements. In order to reduce disturbances to these fish on their spawning migration a moratorium on in -water work from February 15—October 31 should be observed. Contact Shane Staples at (252) 948-3950 or shane.staplesPncdenr.gov with further questions or concerns. 1601 Mall Service Center, Raleigh, North Carolina 27699-1601 . Phone: 919-707-86001Internet: wvvw.ncdenr.gov An Equal OppommitylAffinnative Action Employer — Made in part by recycled paper Pat McCrory Governor w NCDENR North Carolina Department of Environment and Natural Resources MEMORANDUM TO: Daniel Govoni, Assistant Major Permit Coordinator THROUGH: Frank Jennings, District Manager FROM: Lynn Mathis, Field Specialist DATE: March 16, 2015 SUBJECT: Chowan County: Pembroke Creek Park CAMA Major Permit Application The applicant, Chowan County, proposes Donald R. van der Vaart Secretary I have reviewed the rules as they pertain to Piers and Docking Facilities and would like to offer the following: 15A NCAC 07H .0207 PUBLIC TRUST AREAS (a) Description. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to measurable lunar tides and lands thereunder to the normal high water or normal water level; all navigable natural bodies of water and lands thereunder to the normal high water or normal water level as the case may be, except privately -owned lakes to which the public has no right of access; all water in artificially created bodies of water containing public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation; and all waters in artificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. In determining whether the public has acquired rights in artificially created bodies of water, the following factors shall be considered: (1) the use of the body of water by the public; (2) the length of time the public has used the area; (3) the value of public resources in the body of water; (4) whether the public resources in the body of water are mobile to the extent that they can move into natural bodies of water; (5) whether the creation of the artificial body of water required permission from the state; and (6) the value of the body of water to the public for navigation from one public area to another public area. (b) Significance. The public has rights in these areas, including navigation and recreation. In addition, these areas support commercial and sports fisheries, have aesthetic value, and are important resources for economic development. (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided thatCEIVED 1367 US 17 South, Elizabeth City, NC 27909 MAR 2 0 1015 Phone: 252-264-39011 FAX: 252-264-3723 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Actlon Employer K+Krb+•MFla crnr Recommendations Chowan County Pembroke Creek Park March 16, 2015 Page 2 such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: Water dependent development to provide the general public with access to recreational fishing piers and navigable waters. 15 NCAC 07H .0208 Use Standards (b)Special Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; Consistent: Proposed piers are 6' in width. (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; Consistent: While the area of shading impacts exceed 2,000sf the improved public access supports a water dependent use where the overall public benefit outweighs the resource impact. (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; Consistent: None proposed. (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; Consistent: None proposed (E) The total area enclosed by an individual boatlift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; Consistent: None proposed (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; Consistent: Single story proposed. (G) Pier and docking facility length shall be limited. Consistent: The length of the pier will be less than the nearest pier to the south, will be limited to 50' and will be less than %the width of the waterbody. y RECEIVED MAR 2 0 1015 {7bNb�WIHq N�, Recommendations Chowan County Pembroke Creek Park March 16, 2015 Page 3 (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Consistent: The maximum length proposed is 50'. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The pier adjacent to the Bundy property is the closest and will maintain a minimum of 15' from the riparian line. (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The piers do not involve any shellfishing franchise. Based on the above review I would like to recommend that the request be approved subject to the standard conditions. MAR 9 p ?p1; 1--, 1111;,. ti+r RECEIVED MAR 2 0 2015 Wy - WINO BI,• ��� • f 1� ui NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 MEMORANDUM TO: I-11111-1111TOWI SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Charlan Owens, District Planner Division of Coastal Management Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Chowan County 716 Queen Street, Edenton PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead City, NC 25557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. 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 project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. N DATE 3� �$ — l� MAR 23 2015 ablr-.wril+ rih, 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723: Internet: hrto:l/oonal.ncdenr.ora/web/cmldcm-home An Equal opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Daniel Govorl DCM Assistant Major Permits Coordinator Division of Coast nagement FROM: Charlan Owen ICP, District Planner Division of Coastal Management Donald R. van der Vaart Secretary SUBJECT: Major Permit Request by Chowan County to construct two (2) 6 foot wide by 45 foot long piers with 5 foot wide by 20 foot long "T" head terminus platforms and install an 8 foot wide by 12 foot long floating kayak launch and a 4 foot wide by 12 foot long handicapped ramp/wooden gangway on Pembroke Creek; at 716 Queen Street in the Town of Edenton. DATE: March 18, 2015 Consistency Determination: The request is consistent with/not in conflict with the Chowan County/Town of Edenton 2008 Core Land Use Plan certified by the CRC on July 24, 2008. Overview: The subject property is a 5.44 acre site with 408 linear feet of shoreline along Pembroke Creek to the north and east and 842 linear feet of shoreline along a manmade canal to the west. Water depths average between 4 and 5 feet approximately 50 feet from the shoreline. The majority of the site is cleared, with Section 404 wetlands and shoreline trees to the northwest. The property is located within the AE Floodzone. The property is a public recreation site known as Pembroke Creek Park and is under a conservation easement held by the Clean Water Management Trust Fund (CWMTF) and the State of North Carolina. Existing site improvements consist of a gravel access drive and unmarked grass parking. Existing shoreline improvements consist of 285 linear feet of vinyl bulkhead and an 8 foot wide by 1,033 foot long boardwalk with two (2) overwater platforms and two (2) shore side access ramps. The bulkhead is located along Pembroke Creek. The boardwalk parallels the shoreline and in some areas extends over the water. Construction of two (2) 6 foot wide by 45 foot long piers with 5 foot wide by 20 foot long "T" head terminus platforms and installation of an 8 foot wide by 12 foot long floating kayak launch and a 4 foot wide by 12 foot long handicapped ramp/wooden gangway are proposed. A handicapped accessible kayak facility will be created by connecting the floating launch to an existing platform along the boardwalk and connecting the platform to the pier with the handicapped ramp/wooden gangway. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-2W723 ; Internet: www.nocoastaimanagement.net MAR 2 9 1015 An Equal Opportunity 1 Afimiative Action Employer - Made in part by recycled paper 1l1 VA-"illw 1d4Q, North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 4 Proposed improvements are included in a public access grant contract (Contract 5822) between the County and NCDENR. Prior to approval of a grant award, public access improvements for the site were approved by the CWMTF. There are no existing or proposed mooring facilities. The waters of Pembroke Creek are classified as "B" in this area and are considered nutrient sensitive. No Submerged Aquatic Vegetation has been observed in the project area. There are no known archaeological sites or geological formations associated with the property. Anticipated impacts resulting from this project are expected to include: the shading of 884 sq. ft. of Public Trust Waters Area of Environmental Concern (AEC). Basis for Determination: The Edenton/Chowan County Future Land Use Map identifies the project site as adjacent to "Medium/High Density Residential". As indicated on Page 146, estuarine waters, estuarine shoreline, and public trust areas are considered to be part of the "Conservation/Open Space" designation. Definitions of key words are provided on page 115 of 233. These words include "Support: Supply the needed staff support, policies, and financial assistance at all levels to achieve the desired goal". The following LUP policies may be applicable to this request: Public Access to Public Trust Waters Policies: Policy Al., Page 118. "Edenton and Chowan County will ensure a variety of opportunities for access to public trust waters to all segments of the community, including persons with disabilities." Policy A2., Page 118. "The Town of Edenton and Chowan County support the state's shoreline access policies set forth in NCAC Chapter 15A, subchapter 7M." Policy A6., Page 118. "The community shall continue to provide for the diverse recreational needs of the permanent and seasonal populations by supporting the design and construction of the extensive waterfront area in a manner that balances water access needs with the protection of fragile natural resources." RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 MAR 2 3 20% Phone: 252-264,39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 AffirmaAve Action Employer - Made in part by recycled paper FXpMy. pp pM' North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 of 4 Land Use Compatibility Policies: Policy B4., Page 119. "Ensure that land use and development activities provide a balance between economic development needs and protection of natural resources and fragile environments." Infrastructure Carrvina Capacity Policies: Policy C1., Page 121. "Development within the Town and County shall only be approved where adequate public or approved private facilities and service are available, including water, sewage disposal, roads, etc." Natural Hazard Area Policies: Policy D1., Page 122. "Conserve the natural resources and fragile environments that provide protection from such natural hazards as floods and storm surges." Policy D2., Page 122. "Minimize the threat of life, property, and the natural resources that may result from land use and development within or adjacent to identified natural hazard areas." Areas of Environmental Concern Policies: Policy F1., Page 124. "Chowan County and Edenton support state and federal law regarding land use and development in AECs." Policy F3., Page 124. "The County and Town policy is to restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of RECEIVED the natural function nor condition of the estuarine waters and public trust areas." MAR 2 3 2015 Mewl-uxnal Mt++r 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Afimradve Action Employer— Made in part by recycled paper North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 4 of 4 Policy F6., Page 125. "It is the policy of Chowan County and the Town of Edenton to ensure water dependent development activities such as marinas including upland marinas occur in compliance with local, state, and federal regulations and to discourage non -water dependent uses especially floating home developments in public trust waters." Areas of Local Concern Policies: Policy G5., Page 125. "It is the policy of Chowan County and Edenton government to conserve the natural and cultural resources for recreational enjoyment." Policy G13., Page 126. "The Town and County remain committed to State and Federal programs in planning areas related to community and economic development, including erosion control, public access, and highway improvements." RECEIVED MAR R 8 2015 µMwa-IwaM MI#v 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper f NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 MEMORANDUM TO: ECE11V MAR 19 2015 D Shellfish Sanitation E tea- eationa Water Quah7y R. van der Vaart Secretary Patti Fowler, Section Chief Marine Fisheries — Shellfish Sanitation & Recreational Water Quality FROM: Daniel Govoni RECEIVED Assistant Major Permits Coordinator Division of Coastal Management MAR 9 4 2015 SUBJECT: CAMA Permit Application Review Applicant: Chowan County Project Location: 716 Queen Street, Edenton Proposed Project: PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. YThis office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED aA\_ Y V` DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: http//oorlal.ncdenr.ora/web/cm/dcm-home An Equal Opportunity 1 Affirmative Action Employer 4 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 TO: Maria Tripp Dunn NC Wildlife Resources Commission FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Chowan County Project Location: 716 Queen Street, Edenton Donald R. van der Vaart Secretary Proposed Project: PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. y /This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 3 - ;2 9 - --OI i- RECEIVED APR 01 2015 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252.26439011 FAX: 252-264-3723 ; Internet: hlto://oogal.ncdenr.ora/web/cm/dcm-home q10"MICIM (01T? An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 MEMORANDUM TO: 1L 161u1 SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Lee Padrick Division of Community Assistance Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Chowan County 716 Queen Street, Edenton PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are 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 3 -30 ,—.- RECEIVED 1367 US 17 South, Elizabeth City, INC 27909 APR 0 2 W" 'q Phone, 252.264.3901 1 FAX: 252-264-3723 ; Internet: hUpWoortal.ncdenr,oro/web/cm/dcm-home ��1!-v 6401 M-Mil , ITW An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 tIT1113 Tim Walton, Manager State Property Office FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Chowan County Project Location: 716 Queen Street, Edenton Donald R. van der Vaart Secretary RECEIVED MAR 1 8 H" r DOA STATE PROPERTY OFFICE Proposed Project: PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. Ce REPLY: e1aKu,�RK \00 havA,C� ts\Np a access � ¢ M�,�1K Q r6� n5 W SIGNED This ce has no objection to the project as proposed. s office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. kkri 1 r\DATE 1367 US 17 izabeth city, NC 27909 RECEIVED Phone: 252-2643901 \ FAX: 252-264.3723 ; Internet: htto l/portal ncdenr.oratweb/o Vdcm-home APR 10 2015 An Equal opportunity \ Affirmative Acton Employer f0114M'w!1"01 P•N NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 MEMORANDUM TO: Donald R. van der Vaart Secretary Ken Pace, PE; Environmental Operations & Rest Area Department of Transportation FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Chowan County Project Location: 716 Queen Street, Edenton Proposed Project: PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED REPLY: This office has no objection to the project as proposed. MAR 2 7 2015 This office has no comment on the proposed project. wcM ~"gin erN This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED t/ 11kDATE 3/2.1I)tLS' 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: htto l/oortal.ncdenr.ora/web/cmldcm-home An Equal Opportunity 1 Affirmative Action Employer A�� AETdR North Carolina Department of Environment and Natural Resources Pat McCrory RECEIVIEWNCDENIR/owlponald R. van der Vaart Governor Secretary MAR 19 2015 MEMORANDUM Water Quality Regional Operations Section TO: Robert Tankard, EnviromnentaMuieer negiorw Office DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management RECEIVED SUBJECT: CAMA Permit Application Review MAR 2 6 2015 Applicant: Chowan County Project Location: 716 Queen Street, Edenton Proposed Project: PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead Cit-y. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are 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 0 �y/Xld 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: http•//i)ortal.ncdenr.org/web/cm/dcm-home An Equal Opportunity 1 Affirmative Action Employer IWYWA L+4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor March 25, 2015 MEMORANDUM: To: Daniel Govoni Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA Permit Application Review Applicant: Chowan County Project Location: 716 Queen St., Edenton Proposed Project: Pembroke Creek Park Public Access Improvements REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. 4'�SIGNED Donald R. van der Vaart Secretary This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-00401 Internet: www.ncwater.org/pws/ An Equal opportunity 1 Affirmative Action Employer DATE 3�t I2o/ 6- 4[CFIVEp MAR 302015 !�C^^-Myra F'Tw �Fi-i w:lrT-rvHgN y,Ol 0 8 HVW a3AI303L NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 MEMORANDUM TO: Donald R. van der Vaart Secretary Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Chowan County Project Location: 716 Queen Street, Edenton Proposed Project: PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/07/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are 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 t3a L0101�RECEIVED MAY 0 5 1015 March 17, 2015 1367 US 17 South, Elizabeth City, INC 27909 Phone: 252.264-39011 FAX: 252.2643723 ; Intemet: hUp://DoOal.nodenr.oroAveb/cm/dcm-home pGiw-Mm.a rlry An Equal Opportunity 1 Affirmative Action Employer "'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Chowan County Date: 0311412015 Project Site County: Perquimans Staff: Lynn Mathis District: ®Elizabeth City ❑Washington ❑Morehead City ❑Wilmington Project Name: Pembroke Creek Park Rover File: WA State Plane: X 2700846 Y: 843335 Date of initial application submittal (EX..- 1/8/2007): 0310212015 Date application "received as complete° in the Field office (EX: 1/8/2007): 0311612015 Permit Authorization: ®CAMA ODredge&F11l MBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: OYes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): Eyes ONO Critical Habitat: ❑ Yes ONo ®Not Sure 15 foot waiver obtained.' 0 Yes SNo Hazard Notification Returned: ❑Yes ❑No WA SAV.• Yes ❑No ❑Not Sure Shell Bottom: 0 Yes 9 No 0 Not Sure Temporary Impacts: NYes ONo Sandbags: 0 Yes ®No ❑ Not Sure Did the land use classification come from county LUP:®Yes ❑No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ❑ Yes ®No ❑NA Environmental Assessment Done: 1 ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Z Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HOW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladfum jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemf6ora) cynosuroldes) (DS) Salt or spike grass (Distichlis 0 (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 Ill(A) Private w/ D&F up to 1 acre; 3490[Ill/(D) Priv. public or comm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre . $475 ❑ Permit Transfer - $100 ❑ 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 RECEIVED Major development extension request • 0 Y. Public or commercial/no dredge MAR 2 0 1015 $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 0 111(C) Priv. public or comm w/D&F to 1 nt'ta_n+ H al+a acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808.2808 :: 1-88"RCOAST :: vvww.nccoestalmannuement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Chowan County Date: March 16, 2015 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order. and units of measurement found in your Activities code sheet. Activity Name TYPE REPLAC Dimension Dimension Dimension 3 Dimension Number Choose One E t 2 4 Choose One New Pier 2 New Work Replace 6' 45' Maint ❑ ❑ Y ® N Platforms on 2 New Work 0 Replace 5' 20' New Piers I Maint ❑ ❑ Y N N Fingers: I New work Replace 4• 12' Pedestrian HC Maint ❑ ❑ Y ® N Ram Platform: I New Work Replace 8' 12' Floating Maint ❑ ❑ Y ® N New Work Replace Maint❑ ❑Y❑N New Work Replace Maint❑ ❑Y0N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace MAW[] ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N RECEA ED New Work Replace Maint ❑ ❑ Y ❑ N MAR 2 0 1015 New Work ❑ Replace pblw-wwn rainy Maint❑ ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 1 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Chowan County Date: March 16, 2015 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tem im acts FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restorationandror temp impact amount Open Water (Shading) Dredge ❑ Fill ❑ Both ❑ Other 884sf 884sf Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAR 2 0 20 ookr N'"Pm mw 252-808.2808 :: 1.888-4RCOA3T :: www.necoastalmanaaement.net revised: Nov. 2012 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 16, 2015 Mr. Mark Powell Consultant 110 Countryside Drive Edenton, NC 27932 Dear Mr. Powell: The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Chowan County for State approval for development of their property located at Pembroke Creek Park in Edenton, Chowan County. It was received complete on March 16, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 30, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 16, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RECEIVED MAR 2 0 1015 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723: Internet: htlp /Iporlal ncdenr.orglweblcmldcm-home An Equal Opportunity 1 Affirmative Action Employer Mark Powell March 16, 2015 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Lynn Mathis, Field Specialist, if you have any questions and/or if you wish to receive a copy of her field report. Sincerely, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City Lynn Mathis, Field Specialist, DCM, Elizabeth City Shannon Ray, Chowan County, Edenton RECENED MAR g 0 )m; M4w+•Nom' O* oN� w � g AMA PERMIT APPLIED FOR PROJECT- PEMBROKE CREEK PARK PUBLIC ACCESS IMPROVEMENTS: Construction of - (2) 451x6' piers with 201x5' "T" platforms, (1) 121x8' floating kayak launch $i (1) HC ramp 121x4' IIL" extending from the eastern pier. COMMENTS ACCEPTED THROUGH, APPLICANT: Chowan County c/o Shannon Ray P.O. Box 1030 Edenton, NC 27932 252-482-8595 04114115 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Lynn Mathis, Field Specialist Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 234 ,A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor EMAIL MEMORANDUM TO: The Chowan Herald Edenton, NC 27932 c/o edalegalsgdailyadvance.com FROM: Yvonne Carver, Administrative Assistant Division of Coastal Management DATE: 03/16/2015 SUBJECT: Major Public Notice: Chowan County Donald R. van der Vaart Secretary Please publish the attached Notice in the Wednesday, March 25, 2015 issue of THE CHOWAN HERALD. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City Michele Walker, Public Information Officer, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED MAR 2 0 2015 p4MWInLy Kahn 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastalmanagement,net An Equal Opportunity \Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a permit in an AEC as designated under the CAMA was received on 03/16/15, Chowan County proposes to construct two fishing piers with "T" platforms, a floating kayak launch, & a handicap accessible ramp at the Pembroke Creek Park on 716 Queen Street in Edenton, Chowan County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 04/14/15, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, March 25, 2015 RECEIVED MAR 2 0 Pll t . 1 i;:'illlilt _'. ?srf:Oli( Le /rEii}L;Nla 1 :� '+n.ee — _ cri�ay-- Stetoii L.. yr. & U . 1 tl Susantr :. BY Asa eputy Excise Tax: S Recording Time, Book and Page: 3 ��41ail er recording to: W. HACKNEY HIGH, JR. This instrument was prepared by: W_HACKNEY HIGH, JR.._.l.___nJ�23pq EST QUEEN Brief Description for Index: W STREET EXT. /' NORTH CAROLINA GENERAL WARRANTY DEED This DEED, made this 7TH day of DECEMBER 2000 by and between GRANTOR GRANTEE , F WAFF BROTHERS, INC. CHOWAN COUNTY, a body politic end corporate-------- - .. _ _ P.O. BOX 1030, EDENTON, NC 27932 i Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, mascrline, ieminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of all of which is hereby acknowledged, has and by these presents does gran, bargain, sell and convey unto the said Grantees in fee simple, all that certain lot or parcel of land situated in the City of EDENTON, Township, CHOWAN County, North Carolina, more particularly described as follows: See Exhibit A, attached hereto for legal description. RFCEIVED MAR 2 0 20i� VCM mr,Q C-,ly 660268PG0846 SCffEDULEA BEGINNING at a point in the Northern edge of the sixty foot right of way of U.S. Highway 17 Business; said point being located North 56 degrees 59 minutes 32 seconds West 1182.63 feet from U.S.C.G.S. Monument "Edenton 1938'; thence from said beginning point North 04 degrees 54 minutes 32 seconds East 166.30 feet alongside property now or formerly owned by Jerry W. Stotesbury, et ux. to a point; thence North 04 degrees 54 minutes 32 seconds East 390.13 feet along the centerline of a canal to a point; thence South 48 degrees 15 minutes 16 seconds East 203.63 feet to a point; thence South 89 degrees 58 minutes 25 seconds East 127.67 feet to a point; thence South 79 degrees 03 minutes 42 seconds East 288.68 feet to a point; thence South 88 degrees 57 minutes 08 seconds East 83.92 feet to a point; thence North 71 degrees 40 minutes 27 seconds East 27.15 feet to a point in the edge of Pembroke Creek; thence South 27 degrees 25 minutes 16 seconds East 193.31 feet along the edge of Pembroke Creek to a point in the Northern edge of the sixty foot right of way of U.S. Highway Business 17; thence alongside said edge of said right of way South 76 degrees 03 minutes 13 seconds West 725.58 feet to a point; thence along a curve having coordinates of R=3758.32 L=107.98 Chord: South 76 degrees 52 minutes 36 seconds West 107.97 feet to the point and place of beginning. Said parcel containing 5.435 acres more or less as more particularly shown on that certain plat by Josiah A. Webb, I11, dated January 26, 2000 entitled "A Survey and Plat for Chowan County (Waif Brother's Inc. Tract)". Wafti RECEIVED MAR 2 0 701; woWM-w" anv • 1 _._ ., .... ..... _,-: ..:_ . —._ ..._ a_, . •_. :. �.. _[._-..:.._..._ ... _. —. _..... .....5 _..— i^^� �_.CF.. ,,,C .... fact A. ._.._. :._....... :. rs •ttomseet r. rxcep: ......., exc �tios hereina;?er s:a:«. Title to the property hereinabove described is subject to the following exceptions: IN WAASS I�Fri6P:EOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate '•, name by Its dyly atngorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. "•. "•,tt�v WAFF BROTHERS UDC (SEAL) .:,•n"g5 yJ (Corporate Named By --Li'-- a�'<'w(eC-- �.riLy - - _— (SEAL) r• .•'ATTESYi.,. (Corporate SeaD •.•; STATE-OF.P""i CAROLINA, COUNTY OF CHOWAN (SEAL) (SEAL) I. a Notary Public do hereby certify that that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. This My commission expires: day of 19 (SEAL) Notary Public STATE OF NORTH CAROL MA, COUNTY OF CHOWAN 1, ziI tN C W. ) I : a.ttt<) a Notary Public do hereby certify that c, "a U3eI4* personally came before me this day and acknowledged that 5 he is Secretary of WAFF BROTHERS, INC a North Carolina corporation, and that by authority duly given and as the act orthe corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seat and attested by // as Its Secretary. WimessWty'hand and o�cialstamp orsea[ this 1 day of ()g�,nv,;,a u ist o (SEAL) Notary Ptf Iic J G r, C Nortlu Carolainu, CHOWAN County The foregoing certifrcate(s)of Amy C. Williams, Notary Public of Chowan Co., StaL'e oC is certified to be correct. This instrument was presented for registrations this 7 TFi day of December I9:L0_ Qat 4: 00 P.,M., and duly recorded in the Office of the Register of Deeds for CHOWAN County, North Carolina, in Book 268 at Page 844-846 This 7th dayof December ,)p 2000 at 4:00 O'Clock PM Susan S. Rountree CHOIN County Register f Deeds Recorded & Verified: by:_r ft-jj Deed Stamped: ($358.00) '%Jds& Register of Deeds Three Hundred Fifty -Eight Dollars Attachment Page: #846 RECEIVED MAR 2 0 1(ri; prase,-,.ae,M f"IM A 5~*Y AM PLAT mR CHOWQN COUNTY f Wff HROIIR:R& INC. TRACT I ro"sMw CN AN COUNTY. NORTH CARP W 'REA ♦ f" N G.yRy - If �— ■ Complete items 1, 2, and 3. Also complete Rem 4 it Restricted Delivery is desired, ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: %� N�11 Wf/)1W& $a I� LLee v\ 6 ' A. Sign to 1 p Agent ❑ Addressee R. Received by (Panted Name C. Date Of Delivery D. Is deliveryaddress different from Rem,17 Yes if YES, enter delivery address bakry No �1G i��Gl✓ Ci 3. Service ertified Mailz ❑ Priority Mail Express" ❑ Registered Q Return Receipt for Merchandise. ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? f -Kn Fee) ❑ Yes 2. Article Number 7013 3020 0000 5497 4102 _ (transfer from service IaNel) PS Form 3811, July 2013 Domestic Return Recelpt I AUU. 2 2 2014 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM I hereby certify that I own property adjacent to _Chowan County 's (Name of Property Owner) property located at Pembroke Creek Park, 716 West Queen St, (Address, Lot, Block, Road, etc.) on Pembroke Creek, in Edenton, N.C. (Waterbody) (Cityrrown and/or County) Agent's Name #: Mark Powell Mailing Address: 110 Countryside Drive, Edenton, NC 27932 Agent's phone #: 252-333-9465 The applicant has described to me, as shown below, the development proposed at the above location. _ 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See attached project description and site drawing. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15'setback requirement. If you have objections to what Is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices Is available at www.nccoastalmangement.neNcontact dcm.htm or by calling 1.888. 4RCOAST. No response is considered the same as no objection If you have been notified by Certified Mail. (Property Owner Information) :<kll. J wl;lL Signature Mark Powell Print or Type Name Chowan County, PO Box 1030 Mailing Address Edenton, NC 27932 City/State/Zip 252.482-8595 Telephone Number August 12, 2014 Date (Riparian Property Owner Information) L)aMy6ZA,- Signature 11'" Print or Type Name NCZa% lg2lo US6kk&A5' Mailing Address W' Ili Mr}'nr NC L-18 S'L City/State2ip 7-r7- - -7 5 S- G I f- a RECEIVED Telephone Number f MAR 2 0 201h Date Pr PW M.,q pm. EU NfON-CCHOWAN INSPECTIONS AND PLANNING DEPARTMENT P.O. Box 1030, Edenton, NC 27932 305 West Freemason Street, Edenton, NC 27932 PHONE 252-482-5618 FAX 252-482-5697 Floodplain Development Permit Application Date: Developer must obtain all other necessary federal, state or local permits (e.g. Corps of Engineers 404 Permit, CAMA permit, etc.) before this permit can be issued. Street Address: L a n1 c. 2 -1 q32 Lot: _ Block: Subdivision: Description of Construction: 1 Cost of Construction: Pre -Improvement Value of Structure: The developer/owner will provide certification by a registered engineer, architect or land surveyor of the "as -built" lowest floor elevation (including basement) or flood proofed elevation of any new or substantially improved building covered by this permit. All provisions of the Chowan County_ / Town of Edenton Flood plain management ordinance shall be compiled with. Owners/Applicant's Name/Address: �"kaja \' Cc/�f,, A N� t D-:�G Architect/Engineer Applicants Name/Phone: Surveyor Applicants Name/Phone: Owners signature: RECEIVED MAR 2 0 1015 �'M-MHD CITY THE FOLLOWING SECTION TO BE COMPLETED BY THE COMMUNITY OFFICIAL Yes No Is the development in an identified foodplain? Ifyes, complete the following: a: As identified on the FIRMS, what is the zone and panel number in the area of the proposed development? I q p Zone D dLi Panel # b: Elevation of the base (100-Year) food b ft. m.s.l c: Elevation/Flood Proofing Requirement N)4 ft m.s.l. (lowest floor elevation) d. Elevation requirement for all utilities (electrical, HVAC, plumbing, etc) /t. m.s.l. Is the development a substantial improvement? Elevation Certificate required. Flood Proofing Certificate required. Wet Flood Proofing required Approved by: �� (({tilCC C.F" t Date: 1p 201�— Flood Plain Permit fs: 14-07 Fee: 0.00 Date of Building Permit: CAMA Permit Date & Permit RECEIVED MAR 2 0 1015 WiM•MnC art„ 2 MAJOR PERMIT FEE MATRIX Applicant: Chowan County — Pembroke Creek Park Public Access Improvements Selection Development Type Fee DCM % DWQ (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ® development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional RECEIVED review and written DWQ concurrence is needed MAR 2 0 2015 because of concerns related to water quality or a'pM-MHD CITY aquatic life: III(D). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: Check #1887 for $400 received from Albemarle RC&D Council, Edenton, NC 27932