HomeMy WebLinkAbout20091233 Ver 1_CAMA Application_20091116CDENR
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November 13, 2009
MEMORANDUM:
TO:
FROM
SUBJECT:
Applicant:
Location:
Cyndi Karoly
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
09- 1 2 3 3
le tf-e e1 a:ai'
Secra4ttu -'i
Qr= /;:?,
NOV 1 6 2009
DENR - WATER QLkCTy
WETLANDS AND STORMWATER BRANCH
CAMA/DREDGE & FILL Permit Application Review
Dudley's Marina
The project site is located at 106 Cedar Point Blvd., Cedar Point, Carteret
County.
Proposed Project: The applicant is proposing to perform maintenance excavation adjacent to the
existing Dudley's Marina. The excavation would consist of 9,370 yd' of
material being removed within the area of disturbance of the existing marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
12/04/2009. If you have any questions regarding the proposed project, please contact
Barry Guthrie at (252) 808-2808. 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
400 Commerce Ave., Morehead City, 28557--3421
ofthCarolina
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net NNaturall
An Equal Opportunity 1 Affirmative Action Employer
wtajor rerma ree acneeuie
Circle One
DCM % DWQ %
Development Type Fee (14300160143510009316256253) (2430016024351000952341)
1. Private, non-commercial
development that does not involve
the filling or excavation of any
wetlands or open water areas: $250 100%($250) 0%($0)
II. Public or commercial
development that does not involve
the filling or excavation of any
wetlands or open water areas: $400 100%($400) 0%($0)
Ill. 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-commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied: $250 100%($250) 0%($0)
III(B), Public or commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied: $400 100%($400) 0%($0).
III(C). If General Water Quality
Certification No. 3490 (see
attached) could be applied, but
DCM staff determined that
additional review and written
DWQ concurrence is needed
because of concerns related to
water quality or aquatic life: $400 60%($240) 40%($160)
III(D). If General Water Quality
Certification No. 3490 (see
attached) cannot be applied: $400 60%($240) 40%($160)
IV. Development that involves the
filling and/or excavation of mo i'
than one acre of wetlands and
j
open water areas: $475 60%($285) 40%($190)
Check #
yjAmoun.
Project ? t
1\Tame_ a•??' - 14
DIVISION OF COASTAL MANAGE-NIENT
FIELD INVESTIGATION REPORT
i. APPLICANT'S NAME: Dudley's Marina
2. LOCATION OF PROJECT SITE: 106 Cedar Point Blvd. adjacent to Bogue Sound at
the location of the existing Dudley's Marina: Cedar Point, NC in Carteret County
Photo Index - 2006: 36-6538 grid (L11-13) 2000: 36-457 grid (M-N13,14)
State Plane Coordinates - X: 344286.769 Y: 256 7 535.7 20 Rover # JJ 111309A
LAT 34°40.854N LON 77°06.717W
3. INVESTIGATION TYPE: CAMA, D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/3/09
Was Applicant Present -Yes
5. PROCESSING PROCEDURE: Application Received - 10/14/09 cc: 11/3/09
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification from LUP -Developed, Conservation within AEC
(B) AEC(s) Involved: Estuarine Waters, Public Trust Area
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing -Marina, ship store, boat ramp, asphalt and gravel
impervious surfaces, and dry stack on high ground.
Planned - Maintenance excavation around existing marina.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
"D V"r_Vn FTT.T .FD OTHER
(A) Highground Disturbance N/A N/A N/A
(B) Open Water 126,500 ft2 N/A N/A
(C) Coastal Wetlands N/A N/A N/A
(D) Total Area Disturbed: 126,500 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA-HQW Open: No
8. PROJECT SUMMARY: The applicant is proposing to perform maintenance excavation
adjacent to the existing Dudley's Marina. The excavation would consist of 9,370 yd3 of
material being removed within the area of disturbance of the existing marina.
r?
9. NARRATIVE DESCRIPTION:
The Dudley's Marina project is located on the southwestern side of Cedar Point on Bogue
Sound in Carteret County. The project site is found by traveling on Hwy. 24 and is located at
the base of the bridge connecting Swansboro and Cedar Point. Dudley's Marina will be
located on the south side, at 106 Cedar Point Blvd. (Hwy. 24).
The subject project would take place adjacent to a single 3.1 acre parcel that has an elevation
of +3' NHW. The project parcel is cleared and maintained; vegetation consists of native
grasses. Presently, the parcel consists of an existing commercial marina with associated boat
ramp, and dry storage facility with associated launching apparatus. Currently the marina
utilizes an existing asphalt drive and gravel parking facilities.
The shoreline contains no coastal or Section 404 Wetlands, as the entirety of its 1050'
shoreline is stabilized by bulkheads. The width of Bogue Sound at this point is
approximately 900 feet. The AIWW passes directly offshore of the site. The subaqueous
substrates along the shoreline are predominately sand and silt.
The Division of Water Quality classifies this area of Bogue Sound as SA-HQW waters. This
area is not a Primary Nursery Area. This portion of Bogue Sound is closed to harvesting of
shellfish. There are no SAVs in the areas to be disturbed. The parcel is classified in the
Carteret County LUP as Developed and Conservation within the 75' AEC.
10. PROJECT DESCRIPTION:
The applicant is proposing to perform maintenance excavation on the shallow bottom adjacent
an existing marina. The upland parcel consists of 3.1 acres of highground with 1,050 ft. of
shoreline. No highground disturbances are proposed, with the exception of an offsite spoil
disposal area. All development would occur waterward of NHW and consist of subaqueous
excavation.
Proposed excavation totals 9,370 yd' of material, with all being considered maintenance
excavation. The excavation would disturb approximately 126,500 ft2 of previously disturbed
shallow bottom habitat. Existing water depths range from -2.5' to -5.5' NLW. Proposed
depths, post excavation, are -6.0' NLW. The maintenance excavation would connect to an
existing channel with a connecting water depth of -7.0' NLW. Excavation would be carried
out by bucket and barge, offloaded onsite, and relocated to a preapproved offsite location. No
SAVs or any other critical habitat were found in the areas to be excavated during site visits.
11. ANTICIPATED IMPACTS:
One impact would be the proposed maintenance excavation of approximately 126,500 ft2 of
shallow bottom. All excavation is proposed to -6.0' NLW. The proposed excavation
would connect to an existing channel adjacent to the AIWW, requiring the removal of 9,370
yd3 of material from the system and relocated to an offsite spoil disposal area. This area
has been previously disturbed and the bottom consists of fine silt with some sand. This
excavation would result in a temporary turbidity spike in the waters around the disturbance.
The site is located in an area that experiences relatively high velocity tidal currents, and as
such, any turbidity would be expected to be quickly dissipated.
No coastal marsh or Section 404 Wetlands would be filled or excavated during this project.
8_Mmr•1 0 9- 1 2 3 3
APPLICATION for
MaJor Development Permit
Mast revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
r-
1. Primary Applicant/ Landowner information
Business Name Project Name (if applicable)
?1 l-1 lid 1"' A
Applicant 1: First Name MI Last Name
Applicant 2: First Name NII Last Name
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PC Box
City
State
( fit} /
, sy C,
ZIP Country Phone No . FAX No.
33
I?At p ' 7
3?ext. . - t"
Street Address (if different from above) City State ZIP
i06 NC
Email
9
2. AgenUContractor Information
Business Name
Agent/ Contractor 1: First Name MI Last Name
i ID \KJ
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PC Box City State
50`7 I1jCi vi W :-i ?z i?a?°kers S6 IV ?
ZIP Phone No. 1
2
Phone No.
- 7;1 7. is ext. a
ext.
FAX No. Contractor #
Street Address (if different from above) City State ZIP
Email
C)-
<Form continues on back>
?alajCr C2?;elo^ment -ermii
3, Project Locaticii
County (can be multiple) Street Address State Rd. ;f
I
Subdivision Name City State Zip
has ?>_ F AY/ j0
Phone No. Lot No.(s) (if many, attach additional page with list)
-j . - + ext. .
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
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 ?2tPAC -1 D owe l rr i;1.1?
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
Yes ?No work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
1
c. Size of individual lot(s) d. Approximate elevation of tract above KI iW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list) NHW or ?NWL
e. Vegetation on tract
f. Man-made features and uses now on tract ;{, g lb ?t ?v.•?z'? ?u0?r
j 1 (%^: 1z 5-'Gv(? 0 r? t
;
? fa a; o' ti? )
?c•. , ?e
11_1110C?.\ hv.1c ,,? a.? rn,r
Ev GULI _? a,?
I C'G.'Z i...P'C..?'? ?li`V :..•.t .1-t.. C`?'?S ?L?,M 7?
g. Identify and describe the existing land uses adiacent to the proposed project site.
[[?? `` 11 _1 Ilt 1
1"tU?Ca?Ct'r?l IA?1li CV•1 i1?I"lh ?<(?'Z ? 5 .?r?
?° ? • ' '
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
,^
A,
L)M?`lI (Attach zoning compliance certificate, if applicable)
?NA
?N
L
ict o
Yes
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes %No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?NoNA
If yes, by whom?
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?
<Form continues on next page>
,Iajcr ;:evelc.Pme1 °rTli
m. (i) Are ?:hera rvetlands on 'the site? I'-as XMo
(ii) Are there coastal wetlands cn he site? Eyes 9NIQ
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? Etas )?No
(Attach documentation, if available)
n. Describe existing wastewater Treat tent facilities.
o. Describe existing drinking water supply source.
p. Describe existing storm water management or treatment systems.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? $Commercial EPublic/Government
EPrivate/Community
b. Give abrief description of purpose, use, and daily operations of the project when complete.
F?`®®hS tae J?i,?. i^T1C^^, 1?.s, LJ?a . 4J`'? ?l lip%.-Se j / ?t??
! C?4lS ?3l nM?l,e,j 1fi?i v?r?y"CA-, J ?.1 W€>+Jte:-
.
c. Describe the proposed construction methodology, types of construction equipment to be use d during construction, the number of each type
'o?fj equipment and where it is to be stored. }/? 1 1,?.,o,.,v ?7,
1 V" cLl L?q?In ?,? J
:c-! vj,D e. x r?.J c-n d ,}?
Yee w, \1 1CSC'. b.-kc i`+•? l
/
1
u3e0
on A 510- 1-e
d. List all development activities you propose.
re
e. Are the proposed
activities maintenance of an existing project, new work, or both?
?
f. What is the approximate total disturbed land area resulting from the proposed project? XSq.Ft or EAcres
Iq ual
g. Will the proposed project encroach on any public easement, public accessway or other area EYes ANo ENA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
lvIie?
i. Will. wastewater or stormwater be discharged into a wetland? ?Yes %No ENA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ENo XNA
j. Is there any mitigation proposed? ?Yes Wo ENA
If yes, attach a mitigation proposal.
<Form continues on back>
yafor _e`delcr_man ?°rmiC
6. Additional 1nfc,,matior7
In addition to this completed application form, (UP-7 the rollowing items below, it appiicaoie, must oe suomaieu,o uruei lu,
package to be complete. items (a) - (i7 are always applicable to any major development application. Please consult the application
instruction bockiet on now i"o properly prepare the required items below.
a. A project narrative.
b. An aCCUrate, dated wvGrk plat (inc iudlrg plan •vie,,v anC Cr3wirgsj dray"/n, r0 scaie. Fieab? i•le +n ;Ji9jNl?i
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
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 R&Y k i ,, S r,, ih Phone No.
Address Lit) 5 A -D C? q IGl - °7 7v;
r
Name Phone No.
Address 1iy
' Phone No.
Name
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAe,t} N, -r-Js C7to 447(4.3JfL/or .. G?'15714 6P.106 -Lqf) L, g/24/)°7 , GP SOc36 311,4/0$ j
S IL3N It JIL Jg - GP. 51W, 211I109 CPC ?,.5 S I 91291U-3
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
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.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to 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 follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date Print Name
,
Signature LL
Please indicate application attachments pertaining to your proposed project.
:(DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
?DCM MP-3 Upland Development
?DCM MP-4 Structures information
e4
it-3
Farm DCM MP-2
EXCAVATION and FILE..
(Except for bridges and culverts)
Attach this form to Joint Application for CAIMA 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 ail supplemental informaticn.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
NWL stabilization
Length
3 L) ss''
Width ;?J? l,? ., 8 ) A
NA
Avg. Existing NA NA
Depth
g?
A
Lea
+?• r`,I
Final Project
NA
NA
Depth )1'JA li1? Ind
1. EXCAVATION ?This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
i
C. (i) Does the area to be excavated include coastal wetlands/marsh d
(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 DkNone
(ii) Describe the purpose of the excavation in these areas:
High-ground excavation in cubic yards.
fv
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area. CYO 1 ?- b
--Esc h;o)k al-6w,3 CA01A omrz,,K,
Pi
c. (i) Do you claim title to disposal area? 1 d
AYeso ?NA
(ii) If no, attac a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh f.
(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 ?SS
?WL ]None
(ii) Describe the purpose of disposal in these areas:
t,J
?This section not applicable
Dimensions of disposal area. ('C_1 1+-;
' Tar-rr` - cr ?Zt !P$ ?7t S'r YT['
I ar a be available for future maintenance?
(i) Will a disp,pa
?Yes INoJA C'Cn l 1 - 3
(ii) If yes, where?
(i) Does the disposal include any area in the water?
?Yes ' Nc, ?NA
(ii) If yes, how much water area is affected?
4
j J. SHORELINE STABILIZATION
(If development is a 'Nood groin, use ,SIP-d - Structures)
a. Type of shoreiine stabilization: b.
?Bulkhead ?Riprap ?Breakwater/Sill ?0ther:
C. Average distance waterward of NHW or NWL: d.
e. Type of stabilization material
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ?Yes ?No ?NA
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
Length.
Width:
Maximum distance watenward of iNHW or N'4VL:
I. (i) Has there been shoreline erosion during preceding 12
months?
?Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
XThis section not applicable
b. (i) Will fill material be placed in 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
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
i ?? G+?d ?o? S• 1-? -F??.?c?S
r`r a?-x
C. (i) Will navigational aids be required as a result of the project?
?Yes XNo ?NA
(ii) If yes, explain what type and how they will be implemented.
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
A-C
A L?u'
d. (i) Will wetlands be crossed in transporting equipment to project
site? ?Yes XNo ?NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
NIA
Chi J0h 1) VV Dt tl
Date Applicant Name
L'd
Project Name Applicant Signature
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