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HomeMy WebLinkAbout19990512 Ver 2_CAMA Application_20121001NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Governor September 27, 2012 MEMORANDUM: TO: FROM SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Karen Higgins Division of Water Quality Doug Huggett Major Permits Processing Coordinator Dee Freeman Secretary rQ OCT ° 1 2012 DENR - F�yq �80ands a c�,.. 1Y CAMA/DREDGE & FILL Permit Application Review Shellbank, Inc. Carteret County, at the eastern end of Shellbank Rd., cul -de -sac (off SR 1160), adjacent to the Newport River near Mill Creek. Proposes to construct a gravel approach to an existing boat ramp for private /community use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 17th, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808 -2808. When appropriate, in -depth comments with supporting data is 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 28557 mw Phone: 252 -808 -28081 FAX: 252 - 247 -3330 Internet: w nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer atimally DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Shellbank, Inc. 2. LOCATION OF PROJECT SITE: The project is located at the eastern end of Shellbank Road cul -de -sac (off of SR 1160) adjacent to the Newport River near Mill Creek, Carteret County. Photo Index -2006: 45A -6318, grids R -13; 2000: 45 -571, grids R -13. State Plane Coordinates - X: 819142.078 Y: 116303.720 Latitude: 34 46 35.94 Longitude: -076 42 37.47 3. INVESTIGATION TYPE: CAMA/D &F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 5/17/11 Was Applicant/Agent Present —Yes Photos Taken — Yes (aerial on 9/17/12) 5. PROCESSING PROCEDURE: Application Received — cc: 9/18/12 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County (12/22/10) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: ES, CW (C) Water Dependent: Yes (D) Intended Use: Private /Community (E) Wastewater Treatment: Existing — none Planned - none (E) Type of Development: Existing — an elevated wooden boat ramp Planned - a gravel access approach to the existing ramp (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7_ NARITAT DESCRIPTION: DREDGED FILLED INCORP /SHADED (A) High Ground 7,760 ft2 JF_ (B) Coastal Wetlands 116 ft2 (C) Section 404 Wetlands 4,950 ft2 1 J1 (E) Total Area Disturbed: 12,826 ft` (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: none 8. Proiect Summary: The applicant wishes to construct a gravel approach to an existing boat ramp for private /community use. Field Investigation Report: Shellbank, Inc. Page 2 9. Narrative Description: This is a private /community boat ramp is located off of Hardesty Farm Road (SR 1160) near Newport, Carteret County. The project address is known as the Hardesty Farms subdivision community recreation area at the end of the cul -de -sac on Shellbank Road. The property is 0.769 acres and is adjacent to the Newport River on its south side and Oyster Creek on the east side. The adjacent properties are currently undeveloped. The lot has approximately 754' of shoreline along both the Newport River and Oyster Creek. The site is currently being used as the subdivision's boat launch access into the Newport River. There is an existing elevated wooden boat ramp near the southwest corner of this common area lot. The current earthen approach to the boat ramp traverses the adjacent Lot #17, located on the western boundary. The average elevation of the high ground of the parcel is +2.5' above the normal high water level (nhw). Vegetation on this common area lot is mainly comprised of Coastal and Section 404 Wetland vegetation, along with some scrub pine and southern wax myrtle. There is not a defined Federal Channel in this area of the Newport River. Offshore water depths adjacent to the tract range from about —0' to —3' below the normal low water level (nlw). This waterbody is approximately 1.3 miles across at this location. This location is a part of the White Oak River basin. It is subject to lunar tides with a 3 -foot daily tidal amplitude. These Estuarine Waters of this section of Newport River are not classified as a Primary Nursery Area (PNA), but the Estuarine Waters of Oyster Creek are classified as PNA by the Marine Fisheries Commission. There is no submerged aquatic vegetation present. This area is open to shellfish harvest and live oysters have been noted in the vicinity. These waters are classified as SA; HQW by the Environmental Management Commission. There are Coastal Wetlands and Section 404 Wetlands in the proposed project area. The adjacent substrate is soft with shell. 10. Proposed Development: The applicant wishes to relocate the existing earthen boat launch approach on Lot # 17 by constructing a gravel approach entirely on the common area lot connecting to the existing wooden boat ramp. The proposed gravel access to the existing boat ramp will be 20' wide and 240' long. It will run along side of the western property line and connect the existing elevated wooden boat ramp that accesses the Newport River to the south with a proposed gravel turn- around at the northwest property boundary connecting to the Shellbank Road cul -de -sac. This proposed gravel turn- around will be 40' wide and 80' long. This proposed gravel approach to the existing ramp will traverse Section 404 Wetlands and Coastal Wetlands. The applicant is proposing to mitigate for this wetland fill (ref. Project Narrative). A vinyl retaining wall without tie -backs is proposed at the Coastal Wetland crossing to stabilize this portion of the proposed road bed. This wall will be 67 feet long. The retaining wall will be parallel to Oyster Creek and one foot landward of the nhw level at its closest point. Due to the configuration of the lot, this western lot boundary is the best place to minimize Coastal and Section 404 Wetland impacts. Brad Connell September 26, 2012 Morehead City Field Investigation Report: Shellbank, Inc. Page 3 11. Anticipated Impacts: The vinyl retaining wall and associated gravel boat ramp approach will fill 116 square feet of the Coastal Wetlands AEC. Approximately 7,760 square feet of high ground and 4,950 square feet of Section 404 Wetlands will be graded and filled as a result of this proposal to construct the gravel boat ramp approach and gravel turn- around area. This proposed impervious surface will cover approximately 10.6% of the Estuarine Shoreline AEC on this lot. This will be an increase in impervious surface on this lot. The proposed gravel fill will be 1.5' deep over the Section 404 Wetlands. The proposed gravel fill will be approximately 2.75' deep over the section of Coastal Wetlands (high marsh). The proposed gravel fill has the potential to seep or wash into the adjacent wetland areas of Oyster Creek during storm tide events. Appropriate sedimentation and erosion control measures should be implemented to ensure that eroded materials do not enter into the adjacent waters and wetlands. However, the potential for temporary impacts to the adjacent marsh and waters during construction are possible. The waters of the Newport River and Oyster Creek are classified as SA; High Quality Waters at this location. The Newport River is not designated as a PNA at this location, but Oyster Creek is. These waters are open to the harvest of shellfish and there are live oysters present in the nearby vicinity. Brad Connell September 26, 2012 Morehead City 1 CAMA Major Permit Application krY:�tti� Hardesty Farms Community Boat Ramp Access Relocation Hariowe Township, Carteret County, NC Project Narrative JUN 2 6 2012 DCM_. -, FD CITY Purpose Shellbank Inc. requests work within the common area lot of the Hardesty Farms subdivision for the purpose of relocating vehicular access to an existing community boat ramp. The Hardesty Farms subdivision is an existing subdivision located in the Harlowe Township of Carteret County at the end of and along Hardesty Farm Road. Twelve of the existing lots are waterfront lots which abut the northem side of the Newport River. The subdivision is thought to have been platted sometime around 1988 when restrictive covenants for the subdivision were first recorded. Shellbank Inc. recently purchased un -sold lots in the subdivision from the previous owner /developer. The lei at the eastern end of Shellbank Road is the recreation or common area lot. An existing wooden boat ramp is located on the lot and is slightly raised (1' to 2') above the narrow coastal mash fringing the Newport River at this location. The ramp is used by homeowners within the subdivision for the launch and retrieval of small boats (averaging 12' -17' in size). Homeowners have been accessing the ramp by driving through the grassed lawn of the adjacent lot (Lot 17). The purpose of this application would be to relocate the beat ramp access so that it is contained within the common area lot and does not impede the ability to b;tild a single family home on Lot 17. Water a,id Lard Use Classifications The property is located within Carteret County in an area designated by the CAMA Lard Use Plan as "rural wi'li aervicez-, ". Areas of Environmental Concern and jurisdictional wetlands are designated in the Land use Plan, as "conserJat on areas ". There is no county zoning indicated on the county's online mapping. The Neovport river at this location is designated by the NC Environmental Management Commission as "SA Waters ". Oyster Creek abuts the common area lot to the east and is also classified as "SA Waters" and as primary nursery area by the NC Marine Fisheries Commission. The area is located within the-White Oak rive basin, USGS basin 03020106. Land Management Group delineated jurisdictional wetlands on the common area lot and reviewed wetland limits with the US Army Corps of Engineers staff (Notice of Jurisdictional Determination enclosed). A majority of the common area lot is jurisdictional wetland, both tidal marsh along Oyster Creel, and adjacent "404 wetland" consisting of a wax myrtle, red cedar and similar transitional zone species. Proposed Work and Avoidance, Minimization and Mitigation of Wetland Impacts The applicant proposes to construct a dirt and /or gravel access drive on the common area lot extending from the cul -de -sac of Shellbank Road to the existing ramp. Due to the fact that the lots were platted and recorded at the time of purchase by the applicant, and given the amount of wetland on the common area lot, wetland fill is required to relocate access within the common area. In an effort to minimize wetland impacts, the wider area necessary for turning and backing of vehicles with trailers would be located at the northern end of the common area where upland exists. The remaining length of drive would narrow to a very minimum 12'- width. There is one point on the common area where coastal marsh extends nearly to the western property line so there is no way to access upland and the existing ramp without crossing a small amount of coastal marsh. Coastal marsh impact is thought to be insignificant since it would be limited to, 116 sq.ft., the footprint of which would be minimized by the construction of a retaining wall, Proposed "404 wetland" fill would total 4,950 sq.ft. which includes side slopes at the narrowest slope feasible, a 2:1 slope. Project Narrative, CAMA Major Permit Application Hardesty Farms Community Boat Ramp Access Relocation, Carteret County Continued access through Lot 17 was not found to be practicable since a previously approved on -site wastewater system places the septic field on the front of the lot. The driveway for Lot 17 is specified on the permit to be located on the eastern side along with the waterline. The remaining width of the lot is needed for the drain field and the associated property line setbacks. It is noted that Lot 16 also has an approved on- site wastewater treatment system which places a drain field and a repair area at the front of the lot along Shellbank Road. The approved system along with a driveway designated on the western property line between Lots 16 and 17 requires the entire width of Lot 16. Continued use of the existing access through Lot 17 would impede sale and use of the lot as a single family residence. Construction of an elevated bridge over all or a portion of the wetland was considered but was found to be cost - prohibitive. Given that the ramp is used for relatively small boats, structural engineering and construction of bridged access is not warranted for the type of use. The applicant proposes wetland restoration at a 1:1 ratio to be purchased from the Bachelor's Delight Stream and Wetland Mitigation Bank. This private mitigation bank is approved by the Corps of Engineers to provide non - riparian wetland mitigation credits for the White Oak River Basin. The remaining balance of wetlands would be placed in conservation, with conservation enforced through additional language in the subdivision's restrictive covenants. It is noted that a copy of the subdivision's restrictive covenants are included in this application and describe the recreation (common area). Use of the common area and reference to a dock on the common area is specified in the document. Associated Permits A sedimentation and erosion control plan is not thought to be needed since graded would total less than 1- acre. Sediment would be temporarily contained through the use of silt fences and would be permanently contained by vegetating side slopes and the proposed retaining wall. If there is no approved stormwater management plan for the subdivision, a stormwater plan will be submitted. No parking is necessary since all users would be associated with the subdivision and would park on their individual lots. Project Narrative, CAMA Major Permit Application Hardesty Farms Community Boat Ramp Access Relocation, Carteret County ElmWED �. v I� g7 9 1?i.. iY;•14� i� I DCM MP -1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Shellbank Inc Project Name (if applicable) Hardesty Farms Community Boat Ramp Access Relocation Applicant 1 • First Name Mr. Wiley MI Last Name Jones Applicant 2 First Name MI Last Name if additional applicants, please attach an additional page(s) with names listed. Mailing Address 6619 Wheeler Drive PO Box City Charlotte State NC ZIP 28211 Country Phone No. 704 - 366 - 8891 ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Laura Stasavich Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State PO BOX 2522 Wilmington NC ZIP Phone No. 1 Phone No 2 28402 910 - 452 - 0001 ext. - - ext FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP 3805 Wrightsville Ave, Suite 15 Wilmington NC 28403 - Email Istasavich@lmgroup.net <Form continues on back> 2 2- 800 -2BG8 „ 1- 833- 4RCOAS .. tu.2trv.s^cc�a k s.�.ara c¢merat. e! Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 754 -Ift along NHW as flagged by DCM Common Area Lot = 0.76 -ac c Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or State Rd. # County (can be multiple) Street Address — 2' -3' ®NHW or ❑NWL Hardesty LP is SR 1160 Carteret Shellbank Road (Common or Recreation Area), no street no. no state road number for g. Identify and describe the existing land uses adiacent to the proposed project site Adjacent uses are residential. h. How does local government zone the tract? Shellbank Road Subdivision Name City State Zip Hardesty Farms Harlowe Township NC 28570- Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. Common Area, , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project "[� 61AL - Oyster Creek and Newport River 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 Newport River 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. In Harlowe Township of Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 754 -Ift along NHW as flagged by DCM Common Area Lot = 0.76 -ac c Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N /A, I I NWL (normal water level) (if many lot saes, please attach additional page with a list) — 2' -3' ®NHW or ❑NWL e. Vegetation on tract Wax myrtle, Loblolly pine, Live oak, Baccharis halmifolia, Spartina patens, Juncus roemerianus, Spartina altemifora. f. Man -made features and uses now on tract Community boat ramp exists at waterward end of tract at the Newport River. g. Identify and describe the existing land uses adiacent to the proposed project site Adjacent uses are residential. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? None (Attach zoning compliance certificate, if applicable) []Yes ❑No ®NA 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 ®No ❑NA If yes, by whom? I. 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> 252 -808 -2808 .. 1- 888- 4RCOAST . vvr, w.necoastalmanage ent -net, 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 (ui) If yes to either (i) or (i) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n Describe existing wastewater treatment facilities. No wastetreatment is needed for the common area lot, which will not have bathrooms. Adjacent lots have received approval for individual, on -site wastetreament systems. o. Describe existing drinking water supply source. No water is need for the common area lot, although the North River Community system supplies the area. p. Describe existing storm water management or treatment systems. No stormwater management features exist on the lot, runoff from relocated access to ramp will be treatement through vegetated areas. 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 purpose of the requested work is to relocate the existing community boat ramp access. The boat ramp is currently being accessed through Lot 17 which will impede construction of the septic field and associated home, and access will be relocated completely within the common area lot. Uses will be by the Hardesty Farms homeowners for launching of small boats at the ramp. 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. Standard construction methods and techniques for installation of retaining wall and fill; dumptruck, backhoe. d. List all development activities you propose. Relocation and construction of dirt access driveway; construction of retaining wall along edge of re- located access and coastal marsh. 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? 7,760 ®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. No direct discharges to waters of the state are proposed. 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 I Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> 252 - 808 -2808 . 1- 588- 4RCOAaT ,. w%vw.nccoastairnana9ement.net Fbrm DCM MP -1 (Page 4 of 4) y APPLICATION for i? Major Development Permit 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if appbcable, must be submitted in order for the application package to be complete. Items (a) — (0 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 Raymond and Mary Ann Luce Phone No. not available on free public records Address 144 Shellbank Road, Newport, NC 28570 Name Anne Marie Nix Phone No. not available on free public records Address PO Box 321, Wedowee, AL 36278 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 Unknown, obtained by previous ownerldeveloper. h. Signed consultant or agent authorization form, if applicable. i. Welland 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. 17. Certification and Permission to Enter on Land I 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 June 2012 Print Name _Land Management Group Inc, agent 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 252 - 808 -2808 . 1.8€ 8 -4RC AST . www,ticcoastalma- t3geme"t.net 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. 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 c. (i) Does the area tc be excavated include coastal wetlands /marsh d High - ground excavation in cubic yards. (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 OWL ❑None (u) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL NThis section not applicable a Location of disposal area. b. Dimensions of disposal area. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner. e (i) Does the disposal area include any 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 OWL []None (ii) Describe the purpose of disposal in these areas d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? �`•' I w 39 L ) i E � if f� 252- 8'0'.9i.- .&8'+..+ ., k�.,ti ..w.i ,. ,l n?____S"��:.= L�.3'' � "'°i°�r?i': 3i'r= "_''Y" <. JY�'., :�.a•i:aG.vY`: i,'Z"2'. S, Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization) Length N/A N/A N/A N/A N/A N/A N/A Width Avg. Existing NA NA Depth Final Project NA NA Depth 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 c. (i) Does the area tc be excavated include coastal wetlands /marsh d High - ground excavation in cubic yards. (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 OWL ❑None (u) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL NThis section not applicable a Location of disposal area. b. Dimensions of disposal area. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner. e (i) Does the disposal area include any 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 OWL []None (ii) Describe the purpose of disposal in these areas d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? �`•' I w 39 L ) i E � if f� 252- 8'0'.9i.- .&8'+..+ ., k�.,ti ..w.i ,. ,l n?____S"��:.= L�.3'' � "'°i°�r?i': 3i'r= "_''Y" <. JY�'., :�.a•i:aG.vY`: i,'Z"2'. S, s oe ±i an..ci ��°a�', Facj -'�° 2 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP -4 — Structures) a Type of shoreline stabilization: []Bulkhead ❑ Riprap ❑Breakwater /Sill ❑Other: c. Average distance waterward of NHW or NWL e Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater /Sill Other 1. Source of fill material. b Length: Width: d. Maximum distance waterward of NHW or NWL• f. (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. �t`,;tt= nit3f,, i 4. OTHER FILL ACTIVITIES E] 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 None (iii) Dimensions of fill area -12'x 260'(5,000 sq ft. (iv) Purpose of fill To provide access to the existing boat ramp access through the common area. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 116 ❑SAV ❑SB OWL 4950 ❑None (ii) Describe the purpose of the fill in these areas: To provide access to the existing boat ramp on the common area lot which was platted by previous owner /developer. 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)? A retaining wall (67 -Ift) will be constructed along the edge of the Backhoe, dumptruck access drive where the drive will abut coastal marsh. Fill side slopes on the drive along the 404 wetland will be stabilized with silt fencing at the toe for temporary stabilization and grassing for permanent stabilization. c. (Q Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. N/A d. (i) Will wetlands be crossed in transporting equipment to protect site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts Construction will begin at the road and will extend out over the drive as work progresses. FOrM. UV A W-P-2 (Excavation Page 3 af 3) June 2012 Date Hardesty Farms Community Boat Ramp Relocation Project Name Shellbank Inc. Appfica ~ Appfi'c7ant&gnJtur6 M " ? \m 9 6 S�,1z ' w 252-80,11•2838 -- !-SS9-�RC9AST rowed. 1212,G106 P _.-'c k'3 v!.rte Form DCM MP -3 Jut' 2 E3 '10V UPLAND DEVELOPMENT DC,4 YIDG =, (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. No new subdivision. All work will be within the existing No buildings or additional units are requested. common area lot. c. Density (give the number of residential units and the units per acre) N /A- Work would serve existing Hardesty Farms subdivision. 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 ❑No [4NA (ii) If yes, list the dote submitted* 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. Access drive to be approximately 5% of AEC area. L 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. 19% for dirt access drive to ramp 1. Describe proposed method of sewage disposal. N /A, No sewage disposal is required. Boats using the existing ramp are small boats with no heads. I. 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) No direct discharges to waters of the state are proposed. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 7,760 -sqft f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Clean fill sand and wooden retaining wall. 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 ❑NA (u) 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 protect include an innovative stormwater design? []Yes ®No ❑NA If yes, attach appropriate documentation. ;sx: _ l 2w''.S R1_'" -"Sx . F 4 m. Describe proposed drinking water supply source (e.g., well, n (i) Will water be impounded? ❑Yes ®No ❑NA community, public system, etc.) (ii) If yes, how many acres ? Community system available but additional water service is not needed for the requested work. o. When was the lot(s) platted and recorded? N/A - not an oceanfront lot. Dat Har esty Farms Community Boat Ramp Access Project Name Shellbank Inc. Applican a e Ap icant Signature p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ®No ❑NA •.JUN 252- 804 -2806 ., E . �r. r�,_, 'c= s, E�;evc; -ecs nag Yovis: d 12,76"3i U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2011 -00975 County: Carteret U.S G.S. Quad- Core Creek NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Shellbank, Inc. Applicant- Land Management Group, Inc. Attn: Wiley Jones attn: Laura Stasavich Address: 6619 Wheeler Drive 3805 Wrightsville Ave, Suite 15 Charlotte, NC 28211 Wilmington, NC 28403 (910) 452 -0001 Property description: Size (acres) 0.76 Nearest Town Newport wport Nearest Waterway Newport River River Basin White Oak River USGS HUC 03020301 Coordinates N 34.7769 W - 76.7104 Location description The property is located on the cul -de -sac of Shellbank Road in Newport, Carteret County, North Carolina. Parcel ID# is 638804713652000. RECViVED Indicate Which of the Following Apply: JUN � 620JQ A. Preliminary Determination X Based on preliminary information, there may be wetlands on the above described proper4yr z1lJk�stFongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters ofthe United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the remainder of the waters of the U.S. including wetlands on your property delineated. Due to the size of your property and /or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to determine their requirements. Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 131 1). If you have any questions regarding this determination and /or the Corps regulatory program, please contact Christy Wicker at 910- 251 -4637. C. Basis For Determination The site exhibits ordinary high watermark and wetland criteria as defined in the 1987 Wetland Delineation Manual which is adiacent to School the Newport River, a Section 10 water. This determination is based on a site visit conducted by Christy Wicker on 5/17/2011. RECEIVE", D. Remarks 01 Fi E. Attention USDA Program Participants T'4�' This delineation /determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation /determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: Jason Steele Administrative Appeals Review Officer 60 Forsyth Street, SW (Room 9M 10) Atlanta, GA 30303 -8801 404 - 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 15, 2011. * *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: _ Date 8/15/2011 Expiration Date 8/15/2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hapWre«ulatory usacesurvev.com/ to complete the survey online. Copy Furnish Joanne Steenhuis, NCDENR -DWQ, 127 Cardinal Drive, Wilmington, NC 28405 Al r -1 i- + + Core 1. Creek.... I 101 qtr QUFa FR t24 I ALLIGATOR 4 I R TRAM SITE A CGL i M. C: x yeti j �. � -�- `� -fla {._j � J � k Lawton Crab Point Point Nfliage Sul VI/W Crab Point 'Crab'- AZt �8: OY CLUB L lA lfhwips J U N 2 012 0 0.5 1 2 *Boundaries are approximate and are not meant to be absolute. Map Source: North Carolina Atlas & Gazetteer Pg 78.2003 SCALE 1" = 1 Mile Land Management Group, Inc. CAMA Major Permit Application Environmental Consultants Hardesty Farms Common Area, Ramp Access 3805 Wrightsville Ave, Suite 15 Vicinity Map Wilmington, NC 28403 NC Gazetter, pg 78 Applicant: Shellbank Inc, c/o Mr. Wiley Jones 910-452-0001 Location: Hardesty Farms S/D, Carteret County LMG # 02-08-213 1 of 8 A. y "M r �"� r ..i.. .F•�_ 4- 7 SITE . . , _ � � , u, -fir, r,3- +� - - �'� , +. � •. - _; °� , ._t1 - - -_- _ ___� ems. _- s � _ �'.1 .. _1•` •...= � _ -- _ - *Boundaries are approximate and are JUN 2 2012 0 500 1000 2000 not meant to be absolute. Ma Source: Core Creek Quadrangle 7.5 minute to o ra hic 1 ; t SCALE 1" = 1000' Land Management Group, Inc. CAMA Major Permit Application Environmental Consultants Hardesty Farms Common Area, Ramp Access 3805 Wrightsville Ave, Suite 15 USGS Topographic Map Applicant' Shellbank Inc, c/o Mr. Wiley Jones Wilmington, NC 28403 910 -452 -0001 Location: Hardesty Farms S /D, Carteret County LMG # 02 -08 -213 2 of 8 f ,. .• t .., F +r.N'k .j. J•1' *' iti/. �'t.f i� 1�? fr fr � ;/ /• s }�� H ♦ �'_,,�- .��"Ir' � 'F 7, -ri1F r � •• • � ��"y�r7 t ,+, y,• ; JJ �, � � ; ! •rr � � •¥�. n f j y , i• .Y� {�! ' .i �,MF'`7 � � � Y d* �� Suit° r � � (J, � �..�,. 1 t { , -.fir .. z ,r�i' _.'+.l�fi ri��' s,}f}t, ' ;w r� a,l .� �r •ctf t.f ..{ r "}' J � F +�.. �• • } _i �' s cM �'t s/�� a •mfr' {* c { are y , t j� _ i ��s, `'/ - �',+ � - J� ...1 R � � t Jet" #pX'' a�' . Z ; h � . • � ,! • i -.? yr - t $'" _ �k � � {�- .� 4 si r 5 3 y r it i flF kv �' �-�vay��� tr��.�.h �R„y,.."}. K '".��' •- ^f,'Ir� '�'� �° {•fr +��`r�,_ }'� �..-. r '+_�.x `� `jam '� .,,a`� t._' � � - �"'�d �.� :t .,n( x 1 . ••'�� N- � ':� s .i. y z. i�S L� :., � - ' ,Lot (jfI h Common Area 4 Adjacent to West Adjacent'to East Lot s Nix Luce NEWPORT RIVER PRELIMINARY. THIS IS NOT A SURVEY OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. MUJdUtIII iv VVeSi Lot 15 Luce 0 40 80 160 iiii (CHORD) p 50.00 P� SSN AE) E R\ 75' Coastal Shoreline AEC Limit • �4a. �. • - . • . \ 30' Coastal Shoreline Buffer ,vN• oN • ° COMMON AREA ` .. • ��, 2Tf a sb .�. F ACREAGE • ' `► - BY COORDINATE METHOD 0 �• 0.76 AC. \ ....... `�_\. . \ N (C RED) . . -... -.�.� \ 0 4 . ;5 �9-E N 404 Wetland Line �0 644 \� -• - ••- .•.'.•.- ...`�- .-.•.• field - approved byUSACOE ..� EIR �' . .� I•.•••• i ..� v. . Qb� ............. �• �• �p`�•, _ ,� Coastal Wetland Line r.. • �'•. - . . • . - . .���. -.-. as flagged byLMG • ,• . .q., and field approved by DCM \ iL , W 'r • i .i Sgpfic \ � . _ . . R ePaa Approved Pvea \' Septic F \e \ \ Z a, 0 Location of Drive \ per Septic Area \• 16 •� COMMON AREA ASL 0 I W� Approx. Location \ , i • ± Currently Used \ • - Ramp Access thru Lot 17 \ • • -' .v Normal High Water as flagged by DCM and GPS located by LMG Adjacent to East Nix EIR AH HV_ hV SIR 82.7 ' \ AN v� W y W v.M'' 5 00 �a �` N 8 92.73 �'u _ A .v (TOTAL) EIR """` 6p 1`ti SIR Ex. Community El Boat Ramp Adjacent to West S e� 5� Lot 15 Luce LEGEND Parcel Boundaries 404 Wetlands ' Coastal Marsh above NHW J W W Normal High Water (NHW) —w —Hv 30' Coastal Shoreline Buffer — — — — — 75' Coastal Shoreline AEC — — — — Existing Ramp Access ...... — • — Ar.AMA\nq_nR_91i - -- HnreiPCty Farmc Wdwv InnAgXrAMA Mntnr \MACTPG 0.­-A A,..,. NEWPORT RIVER PRELIMINARY. THIS IS NOT AN ENGINEERED DRAWING FOR ENVIRONMENTAL PERMITTING ONLY 0 20 40 80 08 0t, 02 0 AlNO ONI -LUM3d l)d1N3M0211AW3 2JOd ONIMVN0 032133NION3 NV lON SI SIHI AHVNIWll3ad UMIJ PJ"IACPM Z{7j15yw1JUlUn Vn V'j1bCUV1 AdIIM ,WJG-i A4Jd4JJLH -- kL /-Nll- /.11)F/WH' )) I 03`d 9u!19ao4S 1e}S800 ,SL _.._.._.._..— aagn8 eullaao4S le}seoo 10£ lleM 6ululeje�j pesodold sadolS ep!S II!d ssaooy u94Pe3 P91800 aj — ^" —""— (MHN) JaleM gBlH lewJON MHN anoge 4saeW lelseoo spuellaM t;,Oti,` , saliepuno81aoaed ' I. ON303l �J3AI�l i�JOdM3N dweb leog A4lunwwo0 x3 _ T v 213 OVLO 4 4- T £zs a 09 e$, fig aC 4— , 1 •n T T T OV .1['Zg N NIS AN AN 4, T .1 T_ -- VIC .. 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O'i +•�i� Vii.•\ vto• +oo,;,, ra.<• 1� 30' Coastal Shoreline Buffer COMMON AREA 0 N� 0 Proposed 404 Wetland Fill 4,950 -sq ft Retaining Wall to Minimize Coastal Marsh Impact Proposed Coastal Marsh Fill 116 -sq ft Minimized Driveway Width at Coastal Marsh Crossing 1 . • • \�� W EIR A" AH �� W SIR _ 82.71' \ ro+ S yg , S po SIR Parcel Boundaries 404 Wetlands • Coastal Marsh above NHW `Normal High Water (NHW) - -�- i Proposed 404 Wetland FillE Proposed Coastal Marsh Fill Proposed Retaining Wall 30' Coastal Shoreline Buffer — — — — — 75' Coastal Shoreline AEC — — — -r IrAIUTAin9_no 3vi u.e..dc. 4— Cw....n \A /J.... 1........\ 1+ARAA •I- -••A 142- 92.730 , 0\ (T67-AL) NEWPORT RIVER Adjacent to East Nix hV .vim' EIR _^""``)( Ex. Community Boat Ramp f PRELIMINARY. THIS IS NOT AN ENGINEERED DRAWING FOR ENVIRONMENTAL PERMITTING ONLY 0 20 40 80 M a'I 09 Ob 02 0 WINO JNIl lVYNBd 1V1N3WNONInN3 N04 JNIMV2l0 (IM193NION3 NV ION SI SIHl *,kNVNIW113Ud dwea leoe Apunwwo0 •x3 ?I- - ev ---- 2113 `[.>' T T T ( 7l— pit T T T �A►— xIN ;sea of lueoefpV 0e d3nld i�]OdM3N %£9= 03VIO% 4 bs 9'90L££ = -ld 01 eaJV 03V Ie101 g bs 97t L'4 = 03V .5L UMIM dweb 1808 01 ssaooy pasodad 'ty *3V 9L'0 a0HnR 31VNIaaa00 A8 30V3NOV V33 ]V NOWW00 �0 jamne eugajo4S lelsso0 ,0£ 11wi103V 8ull8a04S lelse00 ,9L umv uoa,nvn Mti 1 \AI /U IJ VIG I.1, B,•vO nwu.•, •soon aw�r_.. nue.0 mu -- � . . -... . -.... �....� IYYi IIeM 6uluieja�j pasodad 03V U141IM _ - -- ssaooy U94Pe3 p91e0019�j 03`d GU119Jo4S lelsBOO.5L jggn8 eullejo4S Ielseo0 ,0£ — AN — PM — (MHN) aa3eM g6lH leuuoN MHN 9noge 4sjeW lelseoo spueRaM b0t? r seiiepuno8 leoaed;'J GN303l eonj 9L ;o-1 Isem o} Juaoefpy \•\ ��daS 2iIS• g� 0� PIN SS 6A C (0210H0) / eaje 6uipeq le JalleJl J0; papaaN snipe{ uiV11 3 J Z Cross Section A Fill with Retaining Wall (coastal wetland) NHW Proposed Fill, Road 7ri Note: Depth and height of wall to be determined by contractor. Cross Section B Fill with Side Slopes (404 wetland) 3 J Z 0 4 8 16 4y J %r.AMA1(1MA -914 -_ Hardacty Farms 1AA1=%t 1^n— %PARAA RA— AKAAOrffo —.. -i 0 4 8 16 PRELIMINARY THIS IS NOT AN ENGINEERED DRAWING FOR ENVIRONMENTAL PERMITTING ONLY