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HomeMy WebLinkAbout20110504 Ver 1_CAMA Application_20110523AL773 0A y? NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 20 May 2011 SUBJECT: CAMA Application Review APPLICANT: William A. Foote i (0Ay232.011 oENR - ruArlE auAL Wetlan& & 31yUmaW Branch I PROJECT LOCATION: SR 1725 at 34 Shipwreck Drive in the Bailey Point residential subdivision adjacent Bailey Creek a tributary to North Creek and the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to create a third slip 20' wide x 50' long, by constructing 2- 3-pile clusters and driving 3 piles adjacent existing residential pier. Please indicate below your position or viewpoint on the proposed project and return this form by 9 June 2011. Please contact Steve Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net Date An Equal Opportunity 1 Affirmative Action Employer 201 10504 Dee Freeman Secretary Respond to Doug Huggett Morehead City Office NorthCarolina Naturally Tony A. Foote Bailey Creek Beaufort County Project Setting The project site is a developed 1.34 acre single family residential lot located off SR 1725 at 34 Shipwreck Drive in the Bailey Creek residential subdivision on Bailey and Ross Creek off North Creek and the Pamlico River near Belhaven in Beaufort County, North Carolina. The lot was once part of a large pine plantation owned and managed by Weyerhauser Timberlands. The tract was divided and the waterfront portion was sold and developed into a residential subdivision. The dominate highground vegetation is loblolly pine with scattered oaks and various other hardwoods. The uplands transition to a Coastal Wetland marsh with varying widths adjacent Bailey Creek. The Coastal Wetland marsh is vegetated primarily with black needlerush (Juncus roemerianus). Wax myrtle fringe the transition from Coastal Wetlands to uplands. The lot is developed with a single family residence with onsite septic. There is an existing 6' wide pier that crosses ±90' of Coastal Wetland marsh and extends another 100' into Bailey Creek. The pier terminates at an 8' wide x 50' long L-head platform. The L-platform provides access to a "side to" slip 20' wide x 50' long. The slip is created by two three pile dolphin clusters located 20' waterward of the platform. There is a 12' x 12' 4 pile boatlift adjacent to the main pier on the east side. The pier and associated slips were authorized by CAMA General Permit No. 49457-B issued on 19 November 2007. The adjacent residenbtial lots are undeveloped. Water depths in Bailey Creek at the project site range from 4' midway down the pier to 6' at the terminus of the pier. Submerged aquatic vegetation is present in the shallow, <3', nearshore area mainly Widgeon Grass (Ruppia maritime). Bailey Creek is designated as SA NSW by the Environmental Management Commission and a Primary Nursery Area and Coastal Waters by the Marine Fisheries Commission and is closed to shellfishing. Project Description The applicant proposes to create an additional slip 20' wide x 50' long on the west side of the main pier structure by constructing 2-3 pile clusters and driving 3 piles adjacent existing pier. The purpose of this slip is to provide an alternative mooring location for the applicants sailboat. The orientation of this slip will allow the vessel to be moored with the bow facing south, the direction with the greatest fetch. Anticipated Impacts The project as proposed will increase the mooring potential of this single family pier structure and the associated impacts. There will be some temporary localized turbidity during piling installation. Steve J. Trowell - Washington Regional Office - 4 May 2011 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Mr. William A. Foote 2. LOCATION OF PROJECT SITE: Project site is located off SR 1725 at 34 Shipwreck Drive in the Bailey Point residential subdivision adjacent Bailey Creek a tributary to North Creek and the Pamlico River near Belhaven in Beaufort County, North Carolina. Photo Index - 2006:222-8637; K-11 2000:222-1295;N-13 1995:107-1333; F-16 State Plane Coordinates - X: 2,701,100 Y: 619,100 Ransomville Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-33 May 2011 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 17 May 2011 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: EW, PTA (D) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - septic system Planned - N/A (F)Type of Structures: Existing - Single family residence with associated 2-slip pier; one wet slip and a 4-pile boatlift. Planned - An additional wet slip for a total of 3-slips . (G) Estimated Annual Rate of Erosion: Unknown 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other 9.0 ft2 (D) Total Area Disturbed: 9.0 ft2 (0.0002 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to create a third slip, 20' wide x 50' long, by constructing 2- 3-pile clusters and driving 3 piles adjacent existing residential pier. 2 0 1 1 0 5 0 4 DOE NP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (if ap plicable) r.? ?A Foo?E ?'i Applicant 1: First Name MI 1 Last Name L \L-L\ ,,?k" -ock Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State USl L'?- LA t- C, ?Uck? ?? l e rr I N L ZIP Country Phone No. c.?Z ?D3 2?ID?} ext I . -- FAX No. ??? ? Street Address (if different from above) City State ZIP Email I ,,ilce' . 2. Agent/Contractor Information q Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) B? a???ot? fi Street Address 3 (1la A)fw- . e, ' lm& State Rd. # co w, Subdivision Name City State Zip Phone No. Lot No.(s) (if many, attach additional page with list) 01 - ZJ 09 ext. ?1' , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Is water body identified in (b) above, natural or manmade? th d. Name the closest major water body to the proposed project site. Itural ?Manmade ?Unknown W 1PA LING {Z'lVL-lZ. e. Is proposed w within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ?Yes 00 work falls within. N IA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) c. Size of individual lot(s) r d. Approximate elevation of tract above NHW (normal high water) or LU? i? 4` ?C7?? 1 rf NWL (normal water level) (If many lot sizes, please attach additional page with a list) ?NHW orJ4NWL e. Vegetation on tract f. Man-made features and uses now on tract LS FA1,A(?L L-i 2esjoLNCI;' l?v?lc g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? /Q' i. Is the proposed project consistent with the applicable zoning? l e) (Attach zoning compli ce certificate, if applicab ?Yes ?No 53" j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes CEfNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes No ?NA 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> .. : a? 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? e ?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. LOi ?1JLr ?lW"--nL ?L--Vtl t94(f m o. Describe existing drinking water su ply source. *lU1J\\ L? t)? p. Describe existing storm water management or treatment systems. T1 /) T)t? 1c/?t :;' SwrU?s L') Gl1ti? {[-mow+S ,'J l, J i?,- ti,? cx 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ? ommercial ?Public/Govemment V P \\J"1TL, Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. D n, vt! Cl a ?'Jt-S Ir'J 1fE R Tt> c R try n A 0 t f t w (,' r s L t, o A y T r-, a ?L.'-1?S U0 A Sltih(ts di,< 1 .}(s? ?I f/) L t?iL'f . . 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. d. List all development activities you propose. i e. Are the proposed activities maintenance of an existing project, new work, or both? t"} ew 1' GA L- - f. What is the approximate total disturbed land area resulting from the proposed project? ?Sq.Ft or ?Acres U ? ? hnlIDGFt tti,7 ??21t;e s ? lt1t?I?S W1 CSb g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes [Pfio ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NU iD 0ISCJ'''iC.S i. Will wastewater or stormwater be discharged into a wetland? ?Yes ?No %A If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No QKIl j. Is there any mitigation proposed? ?Yes ?No A If yes, attach a mitigation proposal. <Form continues on back> ;e 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 application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application 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 l.o? SD??N CP LDt; EW Phone No. 569- 4l3" 0%, b Address 111 IdoU8tSIL (,A"I wbCT ? St??L?!bti{A p2(?b Name Lilt 4 11 Phone No. Address kviticogr AUK, 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. 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 th es of my knowledge. Date 'mot n n _ Print Name uuo t ' 1 A \-u v 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 JRDCM MP4 Structures Information 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: b. ?Commercial ?Public/Government nvate/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ?Yes L No e. (i) Are Platforms included? ?Yes M o If yes: (ii) Number (iii) Length (iv) Width f g. (i) Number of slips proposed (ii )_Number of slips existing i. Check the proposed type of siting: 171 Land cut and access channel ?O en water; dredging for basin and/or channel 1d?pen water; no dredging required ?Other; please describe: k. Typical boat length: f M. (i) the facility have tie pilings? es ?No (ii) If es number of tie pilings? ?This section not applicable be open to the general public? (i) Will the fVN, ?Yes d. (i ) Are Finger Piers included? []Yes ?No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes o f. (i) Are Boatlifts included? []Yes 2 No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. F] Full service, including travel lift and/or rail, repair or maintenance service V ckage, fuel, and marine supplies ckage ("wet slips") only, number of slips: ? Dry storage; number of boats: El Boat ramp(s); number of boat ramps: F1 Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). sA I(_z0' 4 , I '-'F '12J-_4&'tit?` e open to the general public? 1. (i) Will the fac/No ?Yes '..r8 2 ; ti. ?g2ti':artaL?z'i???-??S? rt E.r revised- 12'27'06 (v) Floating ?Yes 00N. Note: Roofed areas are calculated from dripline dimensions. 2, 21 t..6 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: ? JA ? Showers ? Boatholding tank pumpout, Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. 5U? curv?rn? WnSipsuy ?- r k(,tUt?lA Gl,_r ?QJI? c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? tAOUtr-?- ?A- CC U ?1.? ?t-)MPts'b GJ Afi Lb CAL JHAtzt,J,a s 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. U"', g. Where will residue from vessel maintenance be disposed of? ?_, A ` h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. ?jf'1, j. What will be the marina policy on overnight and live-aboard dockage? ti 1t k. Describe design measures that promote boat basin flushing? tij]A 1. If this project is an expansion of an existing marina, what types of services are currently provided? r J )JI 3 ,.3 ;, nc. .: ra ??r?zr 7f•, -evised: 12!27,06 M. Is a marina/docking facility proposed within a primaryor secondary nursery area? Yes ?No ocking facility proposed within or adjacent to any shellfish harvesting area? n. Is the maVNo ?Yes o. Is the marina/docking facility 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. ?CW ?SAV ?SB ?WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes MNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) [in This section not applicable a. (i) Is the boathouse structure(s): []Commercial ?PubliciGovemment []Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. 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 15. BREAKWATER (e.g., wood, sheetpile, etc.) MThis section not applicable I a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS [Vrhis section not applicable a. Is the structure(s): []Commercial ?Public/Government []Private/Community b. Number c Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing d. Description of buoy (color, inscription, size, anchor, etc.) ro„ -tom 28' cased:1227:0f 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 1 Note: For buoy or mooring piling, use arc of swing including length of vessel. b. Proximity of structure(s) to adjacent docking facilities. Z'-?" 10 Tli6 wliSt - 1) Isd ' 1011? .? .? c. Width of water body ?1 (-)o' e. (i) Will naviVN nal aids be required as a result of the project? ?yes ?NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 8. OTHER ?This section not applicable a. Give complete description: Date ?lIrazk -MbAtcor? ?L,-P. Project Name plicant am ;^(? Applicant Signature ,evcsedo 12?27i06 ?(CAMA DREDGE & FILL 16 GENERAL PERMIT Previouspermit# lXiNevv JModification --,Complete Reissue --Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources 1 and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC A? ?/r?' ed. 2.Rul att Xza Applicant Name a)r /4 em q. Project Location: County i Address 0, f Street Address/ State Road Lot #(s) LOr City L.K %? State ziP2 Phone # ?j T?Fax # ( ) _ Subdivision- L A tnorize ent of ? of ??, r p City G _ zip Affected y?cw ?r PTA 5 PTS Phone # River Basin G -7 I AEC(s): OEA 71 HHF IH UBA N/A Adj. Wtr. Body x ! L i C- nat an unkn PWS: ? FC: /r /I 1 f- ORW: yes/ to Type of Projr?ct/ L - Yj?1( Pier (dock) length - fi! PNA yes J no WC-2 O Finger pier(s) Groin length - number Crit.Hab. yes / no Closest Maj. Wtr. Body ?D l?U? J ?`(lJ CSI L Bulkhead/ Riprap length- j? 5?,• avg distance offshore max distance offshore- /-14?/ Basin, channel d? cubic yards i Boat ramp ?•"" _ w ? r l ? f? Boathouse/ Boatlift_?x IJ Beach Bulldozing Other /L 10 Shoreline Length SAV: not sure es no - Sandbags: not sure `yes gn Moratorium: n/a yes Photos: yes Waiver Attached: yes no A building permit may be required by: 7Notres;/?pecial Co ditions /vo _111 ??f?S sz "cif or Signature ** lease re ompliance statement on back of permit ** 1i T7 V (Scale: ) LUrr`' f . e? 47, i's See note on back regarding River Basin rules. Permit Officer's Signature Issuing Date / /? r Expiration Date &? k?r ? ?4?/y 13 Local Plannin¢ Jurisdiction Rover File Name 't1tto t z ?k s ,.l? t t Doi uclc_ AoIL" i I' 9 f + ?1 co F r ? q ? L? `-' ? ..?.._ ?? fir., i yam, ? '3 ? w 4 r' iJJJJJ"`-- William A. & Trevor S. Foote 6o8 Wood's Walk Lane Rocky Mount, NC 27804 Home 252-442-6673 Direct - 252-314-8206 tfoote(d)embargmail. com April 7, 2011 Mr. David Wagoner 15oo Heathcliff Avenue High Point, NC 27262 davidwagoner(&- northstate. net Bailey Pointe Lot 47 Mr. John Cardarelli u1 Holder Lane West Barnstable, MA 02668 jcardare(&capecod.net Bailey Pointe Lot 49 Dear David/John, We have been enjoying our home in Bailey Pointe for the past two years. During this time we have realized that an additional slip on our pier would be a great amenity for our visiting guests as well as a more secure spot to moor our sailboat when a storm is forecasted to pass close by. We have contacted C.A.M.A., the agency that oversees dock construction, and learned that we must contact our adjacent neighbors to inform them of our plans. This notice must be sent via certified mail. I have enclosed a copy of the completed application, a copy of the original dock permit and a site plan of the proposed additional slip. Our intentions are to add two tie piling twenty feet from the side of our pier and space them fifty feet apart. We also plan to add three pilings opposite those piles secured to our dock for the dockside tie pilings. This slip will allow us to secure our boat with the bow facing South. South is the prevailing direction of strong winds encountered during the summer/fall hurricane season. We plan to leave our boat in the slip if the hurricane is forecasted to be a category two or weaker. I believe, that you do not need to take any action regarding this notification if you approve of your request. If you object to this proposal you must contact Mr. David Moye within 3o days at the below address. We are sorry if this causes any inconvenience to you. We hope to see you in Bailey Pointe in the future. Kindest Regards: Tony Foote 34 Shipwreck Drive, Bath Mr. David Moye Trevor Foote 34 Shipwreck Drive, Bath Acting District Manager, Northern Section North Carolina Department of Environment & Natural Resources Division of Coastal Management Washington Regional Office 943 Washington Square Mall Washington, NC 2,7889 March 28, 2011 Project Narrative for 34 Shipwreck Drive (Lot 48) Bailey Pointe Subdivision Bath, NC To accompany form DCM MP-1 Application dated March 28, 2011. The owners of the property seeks to add an additional mooring slip to the existing dock/pier located at the subject address. The original pier was authorized under CAMA general permit no. 49457 dated November 19, 2007. The owners want this additional slip as an alternative mooring position for their existing sailboat. The additional slip will allow the sailboat to be moored with the bow pointed toward the South. This orientation will be better suited for the boat during tropical storms or hurricanes. 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