HomeMy WebLinkAbout20110483 Ver 1_CAMA Application_201105182
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
011048'_
NC DWQ- 401 Unit
May 13, 2011 1650 MSC ?
Raleigh NC 27699-1650]
MEMORANDUM:
TO: Karen Higgins L
Division of Water Quality
Wetiar? 4j
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Georgia Capital, LLC
Dee Freeman
Secretary
f
1
Location: The project site is located at 295 Guthrie Drive, adjacent to Westmouth Bay on
the north side of Harkers Island, Carteret County.
Proposed Project: The applicant is proposing to redevelop an existing marina and subdivision.
The project would consist of a 76 slip marina with excavation within an upland
basin, a 31 lot subdivision, and observation pier and shoreline stabilization
measures.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
06/03/2011. 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; NC 285571--3421
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net
An Equal 0*)rturity 1 A.f;rmative Aotiim Er: player
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Georgia Capital, LLC
2. LOCATION OF PROJECT SITE: 295 Guthrie Drive adjacent to Westmouth Bay on
the north side of Harkers Island, Carteret County, NC
Photo Index - 2006: 49-6341 grid (D-H 9-12) 2000: 49-603 grid (E-H 9-12)
State Plane Coordinates - X: 354429.7 Y: 2734625.55 Rover # JJ042412A
LAT 34°41.949N LON 76°33.345W
3. INVESTIGATION TYPE: CAMA, D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -7/28/09, 8/11/09, 3/25/11
Was Applicant Present -Yes, No, No
5. PROCESSING PROCEDURE: Application Received - 4/24/09 cc: 3/7/11
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification from LUP -Conservation, Limited Transition
(B) AEC(s) Involved: Estuarine Waters, Public Trust Area, Estuarine Shoreline, Coastal
Wetland
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic
Planned - Septic
(F) Type of Structures: Existing - 22-slip derelict marina, concrete buildings, shell and
gravel road. Site previously houses 33 mobile homes.
Planned - 76-slip marina with new docking facility, 31 single-
family homes, shoreline stabilization, observation pier, asphalt
drive.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
DRFDGFn FIT.I.Fn nTUFR
(A) Highground Disturbance N/A N/A 483,516 ft2 (11.1
acres) disturbed
(B) Open Water N/A 408 ft2 53,810 ft2
incorp.(1.24 acres)
(C) Shallow Bottom 80,908 ft2 (1.86
acres) 408 ft2 7,330 ft2 shaded
(C) Coastal Wetlands N/A 404 ft2 N/A
(D) Section 404 Wetlands N/A 614 ft2 N/A
(D) Total Area Disturbed: 564,367 ft2 (12.96 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-HQW Shellfish Classification: Closed-basin Open on
Westmouth Bay
It
8. PROJECT SUMMARY: The applicant is proposing to redevelop an existing marina and
subdivision in the community of Harkers Island, NC. The project would consist of a 76-slip
marina with excavation within an upland basin, a 31-lot residential subdivision, an
observation pier and shoreline stabilization measures.
9. NARRATIVE DESCRIPTION:
The Georgia Capital, LLC project is located on the northern side of Harkers Island on
Westmouth Bay in Carteret County. The project site is found by traveling on Hwy. 70 E.
From Beaufort, travel approximately 10 miles, and turn right onto Harkers Island Rd. in the
community of Otway. Continue approximately 4.5 miles on Harkers Island Rd. and you will
reach Harkers Island. Once on Harkers Island, continue for 2 miles on Island Rd. Turn left
onto Guthrie Dr. and the project site is approximately 0.25 miles ahead at the terminus of
Guthrie Dr.
The subject project would take place on three adjacent parcels totaling 12.3-acres, and has an
average elevation of +6' NHW. The parcels are cleared and maintained; vegetation onsite
consists of native grasses with sparse pine and oak trees on the landward portion of the
parcels.
Presently, the tracts are home to a derelict 22-slip marina that is not in use. The site was
previously used as a mobile home park and was home to 33 mobile homes, which were
removed in August 2007. The area has naturalized since the removal of the mobile homes
and accessory buildings. Currently, there is no visual evidence of the previously existing
residential structures. On March 25, 2011, staff from NCDWQ Stormwater Section
Wilmington along with staff from DCM visited the project site and confirmed that the current
proposal would be classified as redevelopment; meaning the locations of the mobile homes
removed in 2007 could accurately be depicted as existing structures and be included in both
existing impervious and built-upon area calculations. Also onsite are the remnants of a
shellfish mariculture operation. Located on the outer peninsula are three concrete block
buildings along with concrete hatching beds used for clam cultivation.
The existing docking facility incorporates approximately 12,250 ft2 of public trust waters.
The shoreline within the basin is fortified with rock rip-rap in high erosion locations and
outside the basin, on the Westmouth Bay frontage, with large concrete rip-rap. Currently the
parcels utilize a shell and gravel-bed drive. The previous mobile home park employed 17
septic drain fields, which are still in place and intact. Adjacent land uses consists of single
family residences and a boat building and repair yard with railways and travel lift.
The outer shoreline fronting Westmouth Bay, is comprised of Spartina alterniflora and
Juncus roemerianus coastal wetlands. The width of Westmouth Bay at this point is 1.6
miles. The subaqueous substrate along the outer shoreline is predominately sand; inside the
basin, the substrate transitions from sandy silt in the access channel to silt as one progresses
further inland into the basin. The basin and connecting channel are manmade and were cut
out of highground pre-LAMA; the access channel has been previously excavated and average
a depth of -3.1' NLW while the basin averages -3.3' NLW.
This area of Westmouth Bay is classified as SA-HQW and is not a Primary Nursery Area.
The adjacent waters of Westmouth Bay are open to the harvesting of shellfish, however, the
areas within the basin and access channel are closed. An active shellfish lease is in place and
operational immediately east of the project site. The Carteret County LUP classifies the area
within the 75' Estuarine Shoreline AEC as Conservation and all other areas Limited
Transition.
10. PROPOSED PROJECT DESCRIPTION:
The applicant is proposing to redevelop the site of an existing 22-slip marina, located entirely
within a manmade upland basin. The proposed marina would consist of 76 wet slips, within
the existing basin, resulting in the incorporation of approximately 53,810 ft2 of open water and
shading impacts to 7,330 ft2 of shallow bottom. The marina would be private, serving the
proposed upland development and private slip owners. The marina configuration would
locate 29 slips along the northern basin shoreline, 11 slips on the eastern shoreline, and five
on the southern shoreline. The remaining 31 slips would be located in the location of the
existing center peninsula. The peninsula is proposed to be excavated as part of this proposal.
The docking facility would consist of 1,470 linear feet of pier with a width of 6'. The center
access pier would be.240' in length and 10' in width to accommodate the 31 wet slips. At the
terminus of the center pier would be a platform approximately 70' x 20' in dimension. 39
finger piers are proposed with a width of 3'. There would be nine 30' fingers, twenty-five 12'
fingers, and five 15' fingers. 110 tie piles are proposed. All components of the proposed
facility would be fixed construction. An observation pier would be constructed on the
Westmouth Bay portion of the project. A 203' long pier currently stands at the location of the
proposed structure. The proposed structure would measure 400' in length with a 20' x 25'
"T" shaped platform at the end. Replacement of the existing shoreline stabilization measures
is also proposed. Approximately 1,470 linear feet of rip-rap is proposed within the basin and
550 linear feet along the Westmouth Bay frontage. On average, the rip-rap would be
positioned 8' below NHW totaling 16,160 ft2 of material below NHW.
Proposed maintenance excavation for the basin and access channel totals 2,440 yd' of material
with a footprint of 80,908 ft' (1.86 acres). The center peninsula has an existing elevation of
+5.0' NLW and would be removed and excavated to -4.0' NLW. The removal of this section
of highground will yield 5,620 yd3 of spoil material with a footprint of approximately 16,859
ft2 (0.39 acres). Existing water depths for the basin area average -3.3' NLW and the access
channel -3.1' NLW. Proposed depths, post excavation, would be -4.0' NLW. The
maintenance excavation of the basin would connect to an existing channel providing a
connecting water depth of -4.0' NLW. Excavation would be carried out by bucket and barge,
offloaded onsite, and relocated to the onsite spoil location. No SAVs were found in the areas
to be excavated during multiple site visits. A small area of oysters is located along the east
side of the basin. All oysters appear to be located approximately 20' outside of the limits of
excavation for the basin.
The upland portion of the project would be redeveloped into a 31-lot residential subdivision.
The site was formerly a 33-unit mobile home park before all units were removed in 2007.
The mobile home park utilized individual low pressure septic systems as will the proposed
project. According to the applicant, seventeen of these systems are considered to still be
usable and therefore will be repaired while sixteen new systems will be installed. A total of
11.1 acres of the area above NHW will be disturbed in the development of the project.
Existing built upon area for
this project is 24.2% and proposed built upon area would be 21.5%. The area within the AEC
to be built upon would be 15.5%. Approximately 2,450' of new asphalt roadway is proposed
to replace the existing shell/gravel roadbed. Thirty-nine turf-stone parking spaces are
proposed on the southwest side of the property. These spaces would be connected to the
marina by a 200' x 5' wooden boardwalk. Also proposed on the highground is a swimming
pool and clubhouse. The pool is proposed at approximately 40' x 25' with a 10' concrete
apron and the clubhouse would be 25' x 30' and have a ridgeline height of 18.5'. The pool
area would have seven parking spaces and be connected to the other lot by means of an
approximately 315' x 5' walkway. Approximately 614 ft2 of Section 404 Wetlands would be
filled to allow for lots 13 and 14 to be suitable building lots. A ditch is also proposed to be
filled in the southeast corner of the basin. The aforementioned ditch is in the approximate
location of lot 14 and exhibits coastal wetlands, dominted by Spartina alterniflora, located
within and along its borders. Approximately 403 ft2 of coastal wetlands are proposed to be
filled.
11. ANTICIPATED IMPACTS:
The marina currently has 22 slips and the proposed redevelopment would harbor 76 slips,
resulting in a 140% increase in total wetslips. The proposed docking facility would
incorporate 53,810 ft2 of public trust waters and would shade 7,330 ft2 of shallow estuarine
bottom habitat. The marina expansion should not cause any shellfish closure area outside of
the basin. At 76 proposed slips, it appears that the basin would remain under the closure
number by 12 slips and leave room for slip expansion by other property owners within the
basin. One impact would be the proposed maintenance excavation of approximately 80,908
ft2 of shallow bottom. The proposed excavation would connect to an existing entrance
channel connecting to the deep water channel of Westmouth Bay, requiring the removal of
2,440 yd3 of material from the system and relocated to an onsite spoil disposal area. The
excavation would be carried to 4' NLW. 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. 1,470 linear feet of rip-rap would
armor the basin and 550 linear feet would be located on the Westmouth Bay frontage.
Approximately 16,160 ft2 of rip-rap would be located below NHW. On the highground,
existing built upon area will decrease from 24.2 % to 21.5 %, a net decrease of 2.7 %.
Approximately 614 ft2 of 404 Wetlands would be filled as a result of the proposed filling of
an existing drainage ditch. The filling of this ditch would also cause approximately 403 ft2
of coastal wetlands to be filled. The filling of this ditch may impact the drainage of
multiple adjacent highground locations. Total highground disturbance would be 11.1 acres.
Significant runoff into the nearby waters could occur if proper sedimentation and erosion
control measures are not implemented.
DCM MP-1
APPLICUION for
r---44 - )
Major Development Permit ' R
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
r
Business Name
Georgia Capital, Llc Project Name (if applicable)
Harkers Island Subdivision and Marina
Applicant 1: First Name
Whit MI Last Name
Marshall
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
3525 Piedmont Rd, 6 Piedmont Center, Suite 305 PO Box City
Atlanta State
Ga
ZIP
30305 Country
USA Phone No.
404 - 256 - 3006 ext. FAX No.
919 - 380 - 8752
Street Address (if different from above) City State ZIP
Email
wmarshall@georgiacapital.com
2. Agent/Contractor Information
Business Name
Stewart Engineering, Inc.
Agent/ Contractor 1: First Name MI Last Name
Garry P Walston, RLA
Agent/ Contractor 2: First Name MI Last Name
John T Jenkins II, PE
Mailing Address PO Box City State
421 Fayetteville Street, Suite 400 Raleigh NC
ZIP Phone No. 1 Phone No. 2
27601 919 - 868 - 4802 ext. 919 - 866 - 4818 ext.
FAX No. Contractor #
919 380 8752 N/A
Street Address (if different from above) City State ZIP
Email
gwalston@stewart-eng.com orjjenkins@stewart-eng.com
<Form continues on back>
5 ; e
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Carteret 295 Guthrie Drive 1399
Subdivision Name City State Zip
Harkers Island Subdivision and Marina Harkers Island NC 28531-
Phone No. Lot No. (s) (if many, attach additional page with list)
919 - 866 - 4818 ext. 218 3, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
White Oak West Mouth Bay
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
NNatural ?Manmade ?Unknown Core Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
NYes ?No work falls within.
Carteret County planning jursidiction
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
4,379 feet 17.6 acres (12.3 acres above NHW)
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
(1) 13.49, (2) 3.34, (3) 0.769, NW L (normal water level)
(If many lot sizes,. please attach additional page with a list) 6' average ®NHW or ?NWL
e. Vegetation on tract
Scattered mature live oaks and pines in upland areas with coastal marsh grasses along the West Mouth Bay shoreline and
intermittent wetland species plantings along the bank of the existing boat basin.
f. Man-made features and uses now on tract
The site was formerly contained 33 mobile home sites that were removed prior to August, 2007. There is currently a marina
and an abandoned clammery with serveral accessory structures, a single family residence and a pier in West Mouth Bay.
g. Identify and describe the existing land uses adjacent to the proposed project site.
Boat Yard, single family dwellings, Harkers Island Sewer Authority
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
The property is unzoned, but has been approved as a (Attach zoning compliance certificate, if applicable)
Planned Conservation Development by Carteret Co. ?Yes ?No [DNA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes NNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No NNA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ?No NNA
National Register listed or eligible property?
<Form continues on next page>
>3. ?.z='- .7.C iA
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
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.
There are 17 existing septic drain fields on the property that formerly served 33 mobile home lots. The Carteret County
Health Department will issue repair permits for the existing system to allow it to serve the proposed development.
o. Describe existing drinking water supply source.
Public water system regulated by Carteret - Craven Electric Cooperative
p. Describe existing storm water management or treatment systems.
The property currently drains directly into West Mouth Bay and the existing boat basin via drainage swales.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The development will consist of 31 single family residential home sites with a community swimming pool and clubhouse. The
existing marina will be upgraded to accommodate 76 boat slips of various sizes.
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.
Equipment used will be standard construction equipment including grading, excavation, campacting and hauling equipment.
.Specific pieces and numbers are not known at this time. Equipment will be stored on site outside of the 75' AEC shoreline.
d. List all development activities you propose.
Dredging and shoreline stabilization in the existing marina area, including the installation of new docks and boat slips. The
existing shoreline stabilization along West Mouth Bay will be cleaned up, and existing pier will be rebuilt. Also, grading,
drainage and underground utility work will be installed to serve the road, pool and clubhouse.
e. Are the proposed activities maintenance of an existing project, new work, or both? both
f. What is the approximate total disturbed land area resulting from the proposed project? 11.11 ?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
There is an existing discharge point at the southeast corner of the existing marina that will serve as the discharge point for
the new development. The built upon area draining to this point will be decreased. Lots 1-7 will drain via sheet flow
drainage into the existing basin.
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
j. Is there any mitigation proposed? ?Yes ?No ®NA
If yes, attach a mitigation proposal.
<Form continues on back>
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the,,4pplicgtion
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application i
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
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? 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 See attached list Phone No.
Address
Name Phone No.
Address
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.
CAMA General Permit #50173 issued to Wallace Garner on CAMA General Permit #56983C
Feb. 25,2008
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.
1 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 January 12, 2011 Print Name Garry P. Walston, RLA
Signature
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
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
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.
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 150' 550' 70
Width 60' avg. 100' avg (S) 5
125' avg (N)
Avg. Existing
Depth 3.1' 3.34' NA NA 1.5
Final Project
Depth 4.5' 4.5' NA NA 0
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. fine silt
2,440 cubic yards
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SIB),
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 excavation in these areas:
d. High-ground excavation in cubic yards.
5,621 cubic yards
2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
upland area of site as shown on Sheet C501
19,166 s.f. / 0.44 acres (approximately 3' high)
c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
®Yes ?No ?NA ?Yes ®No ?NA
(ii) If no, attach a letter granting permission from the owner. (ii) If yes, where?
(i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SIB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
®WL 614 ®None
(ii) Describe the purpose of disposal in these areas:
stockpile area for basin dredging
f. (i) Does the disposal include any area in the water?
?Yes ®No ?NA
(ii) If yes, how much water area is affected?
3. SHORELINE STABILIZATION ?This section not applicable
(if development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b. Length: 1470 If in basin and 550 If along shoreline
[]Bulkhead ORiprap []Breakwater/Sill []Other: Width: 10'
c. Average distance waterward of NHW or NWL: 8' from NHW d. Maximum distance waterward of NHW or NWL: 10' from NHW
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
clean up of existing concrete stabilization along shoreline and add months?
new rip rap stabilization in basin []Yes ONo ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap 16.160 sf granite riprap and broken concrete slab material
Breakwater/Sill Other none
i. Source of fill material.
quarry (rip rap) and onsite (concrete slabs)
4. OTHER FILL ACTIVITIES ?This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water, 30 c.v.
(iii) Dimensions of fill area 408 s.f.
(iv) Purpose of fill
To create buildable area
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
403,16®CW QW. ?SAV ?SB
OWL 614 sf []None
(ii) Describe the purpose of the fill in these areas:
to create buildable area
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
excavated material will be stored on site in an area protected by silt dragline and/or backhoe
fence and used as fill once it has properly dried out
c. (i) Will navigational aids be required as a result of the project?
?Yes ONo ?NA
(ii) If yes, explain what type and how they will be implemented.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ?Yes ONo ?NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
January 12, 2011
Date
Harkers Island Subdivision and Marina
Project Name
Garry P. Walston, RLA
Applicant Name
Applicant Signature
a?2«x?3f?33•?ti??"? ., ?r?£i? 'xNhv??3??? , ? r?????.?r? 9s3_k ,., r? ?_,2??? _???an 3z ':} -'' - -?,. 1, ?"?., ?ur?3<
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 3 existing/ 31 proposed
Subdivision infrastructure
c. Density (give the number of residential units and the units per
acre).
2.5 units per acre (based on 11.9 acres above NHW)
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
?Yes NNo ?NA
(ii) If yes, list the date submitted:
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
10.65 acres
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Coquina streets, wood and concrete sidewalks, concrete
driveways and Turfstone pavers in the marina parking lot.
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
15.5% (0.74 acres)
I. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
proposed development: 21.5%
j. Describe proposed method of sewage disposal.
repair of existing septic drain fields
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
surface runoff into existing basin by sheet flow from the
north and a drainage swale at the s.e. corner of
thebasin
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
?Yes ?No ONA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
®Yes ?No ?NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
?Yes ®No ?NA
If yes, attach appropriate documentation.
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
municipal water system by Carteret Craven Electric
Cooperative
o. When was the lot(s) platted and recorded?
pending preliminary plat approval by Carteret County
PCD approval By Carteret County Planning Commission on
October 16, 2008
n. (i) Will water be impounded? ?Yes ®No ?NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
®Yes ?No ?NA
January 12, 2011
Date
Harkers Island Subdivision and Marina
Project Name
Garry P. Walston, RLA
Applicant Name
Applicant Sig ture
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/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
?Commercial ?Public/Government ®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)
(ii) Number 1 dock/ 2 piers
(iii) Length 1470 If dock/ 330 If pier (basin) 375 If (rebuilt;)
(iv) Width 6' dock/ 10' pier/ 6' pier
(v) Floating ?Yes ®No
e. (i) Are Platforms included? ®Yes ?No
If yes:
(ii) Number 1
(iii) Length 25
(iv) Width 30
(v) Floating ?Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
76
(ii) Number of slips existing
22
i. Check the proposed type of siting:
? Land cut and access channel
?Open water; dredging for basin and/or channel
?Open water; no dredging required
®Other; please describe:
Dredging of existing marina basin including removal of a
portion of the existina peninsula.
k- Typical boat length: 25'
d. (i) Are Finger
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating
Piers included? ®Yes ?No
39
5@15'.25@12',9030'
3'
?Yes ONo
f. (i) Are Boatlifts included? ?Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
? Full service, including travel lift and/or rail, repair or
maintenance service
? Dockage, fuel, and marine supplies
® Dockage ("wet slips") only, number of slips: 76
? Dry storage; number of boats:
? Boat ramp(s); number of boat ramps:
? Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
mixed types
1. (1) Will the facility be open to the general public?
m. (i) Will the facility have tie pilings? ?Yes ®No
®Yes ?No
(ii) If yes number of tie pilings?
110
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: 6; Location: Clubhouse
? Showers
® Boatholding tank pumpout; Give type and location: Sani-Sailor or approved equal, located on sheet C304.
b. Describe treatment type and disposal location for all sanitary wastewater.
A dump station will be provided at the marina. Wastewater will be vacuumed from the tank and disposed of off-site by a private
service.
c. Describe the disposal of solid waste, fish offal and trash.
Trash receptacles will be provided at several location around the marina. Removal will be provided by a private sanitation
service.
d. How will overboard discharge of sewage from boats be controlled?
A dumping station will be provided, and signage will be provided prohibiting overboard discharge
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
1
(ii) Give the location and number of "Pumpout Available" signs proposed.
1
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed of?
N/A
h. Give the number of channel markers and "No Wake" signs proposed. No additional channel markers or signs proposed
I. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
No fueling station will be provided.
j. What will be the marina policy on overnight and live-aboard dockage?
none allowed
k. Describe design measures that promote boat basin flushing?
The basin has functioned in its current configuration for over 30 years. The relative depths in the basin will not change.
I. If this project is an expansion of an existing marina, what types of services are currently provided?
The current marina provides wet slips only with no support services.
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
[]Yes ONo
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
®Yes []No
o. is the marinavdOCking tacility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
OCW 634 sf ?SAV OSB 424
OWL 614 sf []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ONo
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 OPublic/Government []Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline 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
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) NThis section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
5. MOORING PILINGS and BUOYS ® This section not applicable
a. is me structurets):
[]Commercial []Public/Government []Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
e. Arc of the swing
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
40' from property line
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
130' at widest
e. (i) Will navigational aids be required as a result of the project?
?Yes NNo ?NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
immediately adjacent and across the marina basin
d. Water depth at waterward end of structure at NLW or NWL
4.5' at NLW
8. OTHER ? This section not applicable
a. Give complete description:
An existing pier that currently extends 203 feet into West Mouth Bay will be rebuilt in it's current location. It will be widened to 6
feet and extended to a length of 400 feet with a covered wood platform at the end.
January 121h, 2011
Date
Harkers Island Subdivision and Marina
Project Name
Garry P. Walston, RLA
Applicant N e
Applicant Signatu e
www.stewart•eng.com
S
STEWART
Harkers Island Subdivision and Marina
Project Narrative
Harkers Island Subdivision and Marina is a new development project
located on the north side of Harkers Island, North Carolina, within the
Carteret County Planning jurisdiction. The overall size of the tract is 17.60
acres, with 12.30 acres of developable land above the current normal high
water line. Historically, the property was used as a clam harvesting facility
and a mobile home park. The original residential site plan, which included
the establishment of the mobile home lots and boat marina, was permitted
on December 6, 1972 by the Carteret County Health Department. The
clammery was eventually shut down, and the mobile home park closed,
with the last of the existing trailers being removed from the site in August
of 2007.
The proposed development has been approved as a Planned Conservation
Development (PCD) Sketch Plan by the Carteret County Planning
Commission on October 17, 2008. The PCD Plan includes thirty-one single
family residential lots with a clubhouse and swimming pool as well as a play
area for children. Additionally, the existing marina will be expanded to
seventy-six slips, and the existing pier into West Mouth Bay will be
reinforced and lengthened to four hundred feet with a covered platform at
the end.
The site currently contains one single family residence, and the abandoned
buildings from the clammery. There is an existing gravel/shell drive that
extends from the end of Guthrie Drive out to the residential dwelling on the
site. This drive has been maintained periodically in order to allow
continued access to the marina and the residence.
The existing marina has an average depth of three feet, four inches and will
be dredged, where necessary, to four feet, six inches, not to exceed the
depth of the receiving channel. The maximum number of boat slips
allowed in the existing basin is one hundred, based on the closure of the
channel. The development will provide seventy-six slips of varying sizes. A
six foot wide dock will be built along the perimeter of the existing marina,
following the NHW and NLW, and rip rap armoring will be used for shoreline
stabilization. A portion of the center peninsula will be removed and
replaced by a 10' wide fixed pier.
Sanitary sewer service for the residential development, including the
clubhouse and swimming pool will be treated on-site using seventeen
existing septic drain fields that previously served the mobile home park.
The repair of these drain fields will be permitted by the Carteret County
Health Department. Public water service will be provided by Carteret
Craven Electric Cooperative.
ENGINEERING. INNOVATION. SOLUTIONS?'" 421 FAYETTEVILLE STREET RALEIGH, NC T 919.380.8750
SUITE 400 27601 F 919.380.8752
S
S T E WA R T Since the project falls under the definition of a redevelopment by NCDENR,
no stormwater control is required beyond the current conditions, as long as
the built upon area (BUA) is not increased. The pre-development BUA is
24.2% and the post-development BUA is 21.5%. The existing built upon
area takes into account the mobile homes, carports, porches and other
support structures that were removed in 2007.
2 of 2
NORTH CAROLINA, CARTERET COUNTY
This instrument and this certificate are duly filed at
the date and time nd in the Book and Page showr
on the first page a of.
. Register of Deeds
B oy La
w4ulu ?_
Asst. Me". Register of Deeds
Prepared by and Return to:
Ward and Smith, P.A.
Attn: Kimberly E. Melk
PO Box 8088
Greenville, NC 27835
FOR REGISTRATION REGISTER OF DEEDS
Joy Lawrence
Carteret County, NC
April 13, 2010 12:59:13
COUNTER DEED 5 P
FEE: $31.00
NC REVENUE STAMP: $3,311.00
FILE # 1338468
Tax Parcel No. 7335.14.44.2281000.7335.14.44.0042000• and 7335 14 44 5335000
Revenue stamps: $3,311.00
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
TRUSTEE'S DEED
THIS DEED, made and entered into this the I Z. day of April, 2010 by and
between WASLAW, LLC, acting as Substitute Trustee as hereinafter stated, of Craven County,
North Carolina, party of the first part; and GEORGIA CAPITAL, LLC, parry of the second part
(whether one or more), whose address is 6000 Lake Forest Drive, Suite 370, Atlanta, GA 30328;
WITNESSETH:
WHEREAS, HI Associates, LLC executed to Metro Title Company, LLC, Trustee
for Georgia Capital, LLC, upon the lands hereinafter described, a Deed of Trust dated July 31,
2008 and recorded in Book 1281, at Page 22, in the office of the Register of Deeds of the above-
captioned county; and,
WHEREAS, by instrument dated September 9, 2009, recorded in Book 1321, at
Page 10, in the office of the Register of Deeds of the above-captioned county, the party of the
first part was substituted as Trustee of said Deed of Trust in the place and stead of the original
Trustee; and,
WHEREAS, the indebtedness secured by said Deed of Trust being overdue and
unpaid and the Holder of said indebtedness having called upon said Substitute Trustee to
foreclose said Deed of Trust; and,
1334 ? ?°--?-?
800K PAGE
WHEREAS, said Substitute Trustee having given notice of the commencement of
foreclosure of said Deed of Trust to those persons entitled to same according to the provisions of
Article 2A of Chapter 45 of the General Statutes of the State of North Carolina, and a hearing
having been held before the Clerk of Superior Court of the above-captioned county, and said
Clerk having authorized, ordered, and directed that said Substitute Trustee could proceed under
said Deed of Trust to give notice of and to conduct a foreclosure sale, all of which appears of
record in File No. 09-SP-415 in the office of the Clerk of Superior Court of the above-captioned
county, North Carolina; and,
WHEREAS, the said Substitute Trustee after due advertisement as required by
law and the terms of said Deed of Trust offered said land and premises for sale at the Courthouse
door in Beaufort in the above-captioned county, North Carolina, to the highest bidder for cash on
November 24, 2009, when and where Georgia Capital, LLC became the last and highest bidder
for said premises at the price of One Million Five Hundred Thirty-Two Thousand Eight Hundred
Thirty Five and 83/100 Dollars ($1,532,835.83); and,
WHEREAS, a report of said sale was duly made to the Court and the same was
not raised, upset, or increased as provided by law and said purchase price was paid as in said
Deed of Trust prescribed, and the Substitute Trustee conveyed the property described herein to
the party of the second party by deed dated December 8, 2009, recorded in Book 1328 at Page
233 in the office of the Register of Deed of Carteret County; and,
WHEREAS, on December 2, 2009, a Petition for Involuntary Bankrupty was filed
against HI Associates, LLC in the Eastern District of North Carolina, Wilson Division, bearing
case no. 09-10491-8-SWH; and,
WHEREAS, the above-referenced Trustee's Deed was recorded prior to said
Substitute Trustee receiving notification of the filing of the Petition staying the foreclosure; and,
2
6_00K NR..... _-_.
WHEREAS, On January 20, 2010, an Order Allowing Relief from the Automatic
Stay in the above-referenced bankruptcy action was entered by the Bankruptcy Court allowing
the Substitute Trustee to resale the real property; and,
WHEREAS, the said Substitute Trustee after due advertisement as required by
law and the terms of said Deed of Trust offered said land and premises for resale at the
Courthouse door in Beaufort in the above-captioned county, North Carolina, to the highest
bidder for cash on March 16, 2010, when and where Georgia Capital, LLC became the last and
highest bidder for said premises at the price of One Million Six Hundred Fifty-Five Thousand
Four Hundred Fifty-Four and 67/100 Dollars ($1,655,454.67); and,
WHEREAS, a report of said sale was duly made to the Court and the same was
not raised, upset, or increased as provided by law and said purchase price was paid as in said
Deed of Trust prescribed.
NOW, THEREFORE, for and in consideration of the premises and the sum. of
One Million Six Hundred Fifty-Five Thousadn Four Hundred Fifty-Four and 67/100 Dollars
($1,655,454.67), the party of the first part has bargained and sold and by these presents does
bargain, sell, and convey unto the said party of the second part, said party's Successors and
assigns, the following premises, to wit:
Generally described as certain real property, with any and all
improvements thereon, located in Carteret County, North Carolina, and
being more particularly described as follows:
BEING all those certain tracts or parcels of land lying and being in
Harkers Island Township, Carteret County, North Carolina, being
more particularly described as follows:
BEING all those certain tracts or parcels of land designated as
Tract 1, containing 12.36 acres, Tract 2, containing 4.51 acres, and
Tract 3, containing 0.79 acres, as shown on that plat of survey
3 40
SAG ..
entitled "Boundary Survey on Property of Wallace Gamer
[Garner], Harkers Island Township, Carteret County, North
Carolina," prepared by William C. McIlwain, Jr., Professional
Land Surveyor, of Hobbs, Upchurch & Associates, P.A., signed
and sealed March 27, 2008 and recorded in Map Book 31, Page
466, Carteret County Registry, which plat is referenced for a more
particular description. -
Together with all additional rights, title, and interests of Grantor
conveyed and described in the Deed of Trust recorded in Book
1281 at Page 22 in the office of the Register of Deeds of Carteret
County.
The above-described property is conveyed subject to all taxes, special and
homeowners' association assessments, any liens or encumbrances of record against the above
described property, and unrecorded mechanics' and materialmen's liens, which are prior to the
Deed of Trust recorded in Book 1281, at Page 22, and any recorded releases from the Deed of
Trust recorded in Book 1281, at Page 22 in the office of the Register of Deeds.
The above-described property is conveyed "AS IS, WHERE IS, AND WITH ALL
FAULTS." No representations or warranties relating to the title or any physical, environmental,
health or safety conditions existing in, on, at or relating to the above-described property are made
and any and all responsibilities and liabilities arising out of or in any way relating to any such
condition expressly are disclaimed.
TO HAVE AND TO HOLD, the said premises, together with all privileges and
appurtenances thereunto belonging unto the said party of the second part, said party's successors
and assigns, in as full and ample a manner as the party of the first part is empowered to convey
the same.
BQOK -I3lg ..... PAGF - -
IN WITNESS WHEREOF, the said party of the first part caused this instrument
to be executed in such form so as to be binding this the day and year first above written.
WASLAW, LLC, S stitute Trustee
By:
Mi hael P. Flanagan, Authori Representative
STATE OF NORTH CAROLINA
COUNTY OF PITT
I certify that the following person personally appeared before me this day, acknowledging to me
that she signed the foregoing document for the purpose stated therein, in the capacity indicated
therein: Michael P. Flanagan.
Date prT (1, 2y
090923-00001-001 11j 1111111 SO.0
ND: 48454132-3525, v. 1
,III/IIIfI1
off
,..lopSAY 100 0
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(Of cial Seal) ,d -601300
Notary's
My commission expires: tUovem6-er 1 col q
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