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HomeMy WebLinkAbout19990259 Ver 1_COMPLETE FILE_19990316State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 12, 1999 Carteret County DWQ Project # 990259 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. John W. Dudley PO Box 1128 Swansboro, NC 28584 Dear Mr. Dudley: You have our approval, in accordance with the attached conditions and those listed below, to dredge 119,130 square feet of bottom and place fill material in 1937 square feet of wetlands or waters for the purpose of conducting maintenance dredging, constructing a bulkhead and relocating the boat ramp, at Dudley's Marina, as you described in your application dated March 24, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Dike walls must be stabilized before use of the onsite spoil disposal area. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611- 7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office John Dorney Central Files Charles Rawls and Associates ely, l? Stevens I11j?'990259.1tr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper Pete Colwell From: JoAnne Steenhuis Boanne_steenhuis@wiro.enr.state.nc.us] Sent: Wednesday, May 05, 1999 5:41 PM To: pete_colwell @ h2o.enr.state.nc.us Subject: John Dudley Marina I talked with Tere Barrett about the Dudley Marina, she seems to think there will be enough room there for the boat ramp with the dike left alone. That was my only concern... of course the dike holding up \, but Tere assures me that it is OK. would go with conditions to improve the dikes prior to dredging. Thanks! Joanne MEMO From: To: Subject: d, ke, 14of ,s ?4?-/ zdlA0w "-1 a?j 5 4 1-5 1, -c_5 of -51D% l a r?e?/ C"Opka 5,,?- e- Go re w i A a eg4j 4d d v Pir.? l o ,? o 14 -s, ayie, w; ll ca U (e v'N/ ld oWe AF-? --J= NCDENR North Carolina Department of Environment and Natural Resources PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: 733-5083 Division of Water Quafity Date: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 25, 1999 Regulatory Division Action ID No. 199900932 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Reference the application of Dudley's Marina for Department of the Army authorization and a State Water Quality Certification to perform maintenance excavation, construct a bulkhead, relocate the boatramp and construct three docks at the mouth of White Oak River and Bogue Sound, Cedar Point, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by May 25, 1999, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4636. Sincerely, eXtV?Yichte`r Jeffrey HProject Manager Wilmington Field Office Copy Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ?R- oa?5 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: I Steenhuis WO Supervisor: Rick?Shiver SUBJECT: WETLAND STAFF REPORT AN Facility Name John Willard Dudley - Dudley's P Project Number 99 0259 Recvd From DCM Received Date 3/16/99 Recvd By Regi Project Type docks Certificates Permit Wetland Wetland Wetland Stream Type Type Impact Score Index Pri Fc-a BM F Q _0N I 20 18 -SA -F 30,501. 1 Mitigation Wetland MitigationType Type Acres Feet jo6ill F__ I F_ i4 Ro ;,4 S - Z? Is Wetland Rating Sheet Attached? O Y ON Did - U Y ON )n Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office is concerned in the placement of the new boat ramp. Will the spoil dike be removed to allow access to the ramp and therefore no location of any additional dredging spoil?? The size of the eA g onsite spoil area is also of conr•.ern especially since the dike walls do not seem to be stahili?arl ?niith vanatation That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTII. cc: Regional Office Central Office Page Number 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: John Willard Dudley/Dudley's Marina LOCATION OF PROJECT SITE: Dudley's Marina at the mouth of the White Oak River'and' .Bo Sound, on the southeast side of the White Oak River Bridge. 4. Photo Index - 1995: #436 grid N-3,4,5, 0-3,4 1989: No photo /Oar State Plane Coordinates - X: 2572200 Y: 343800 2. 3 INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/03/98, 2/18/99 Was Applicant Present - Yes, Yes 5. PROCESSING PROCEDURE: Application Received - March 05, 1999 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Developed (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment:. Existing - Septic Planned -Same (F) Type of Structures: Existing - Marina Planned -Same (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: I- - 6"a, [AREA] DREDGED FILLED 1NCORP (A) Vegetated Wetlands S artina alterniflora 300 sf (B) Non-Vegetated Wetlands (C) Other Shallow Bottom 119,130 1637 sf Open Water 2144 sf High Ground 22,400 sf (D) Total Area Disturbed: 3.34 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Applicant proposes to maintain the existing marina by relocating the ramp, constructing three docks, constructing a bulkhead, and excavating around the existing docks. privately owned islands are not available by choice of the owners. Consequently, the applicant has contracted with W. A. Page and Sons to monitor the site for the entirety of the dredge project, and to remove any spoil sufficiently dry within 24 hours of excavation. This material will be trucked to a high ground site. The contract is enclosed. The applicant is proposing to construct a new bulkhead an average of 2' waterward from the existing bulkhead from the east side of the existing boat ramp, westward and around the spoil area. The existing boat ramp would be closed and filled by the wall. The 1995 photography shows two docks to the west of the marina proper that extend from the shoreline in a southwesterly direction. These docks were lost to hurricanes, and only pilings are left. In this area, and immediately west for ±50', the new bulkhead would extend 5' to 10' from the current normal high water line due to a breach in the wall. There is also a patch of stressed S an rtina alterniflora within this area that would be lost to the project. The bulkhead would fill approximately 50' x 2' of this wetland area. The wall is to be constructed of fiberglass and concrete, and will require approximately 80 cubic yards of backfill material that will come from the dried dredge spoil. The applicant is proposing to relocate the boat ramp to the location of the hurricane destroyed docks, which would remove the remainder of the patch of coastal wetlands. There would be a 50' x 25' ramp installed at this location, extending approximately 25' to 30' below the normal high water line. Alongside, there are 100' x 8' docks proposed. In this same area, a 4' x 136' shore parallel dock is proposed along the bulkhead, for the temporary mooring of vessels receiving maintenance and being launched. The use of this facility will remain commercial. 10. ANTICIPATED IMPACTS: The project as proposed will require the disturbance of approximately 2.7 acres of previously disturbed bottom area during the removal of approximately 18, 946 cubic yards of sandy material. Turbidity impacts can be expected during excavation, and may be higher than normal for this type of work due to the energy of the area. The proposed bulkhead and boat ramp will require the filling of approximately 1637 square feet of shallow bottom area, and the loss of approximately 300 square feet of stressed coastal marsh. The proposed docks will not allow for additional permanent mooring, and will incorporate approximately 2144 square feet of open water area. Spoil placement will cause the filling of approximately 22, 400 square feet of existing spoil area, and additional undetermined inland area when trucked offsite. The potential for turbidity problems from the spoil area is greater for this project than most due to the inadequately sized spoil area. The applicant has attempted to alleviate any concern through the contract that will require continual monitoring and removal of material in order to maintain capacity. The spoil material is sandy in composition, and should dry quickly. March 12,1999 T. Barrett Morehead City Form DCM-NIP-1 APPLICATIONR o s 1999 (To be completed by 11 1' is 1. APPLICANT a. Landowner: Name John Willard Dudley Address PO Box 1128 City Swansboro State NC Zip 28584 Day Phone (252)393-2204 Fax b. Authorized Agent: Name Charles A. Rawls & Associates AddressPO Box 1126 City Swansboro State NC Zip 28584 Day Phone (910)326-1408 Fax (910)326-1400 c. Project name (if any) Dudley's Marina NOTE: Permit will be issued in name of landowner(s), and/or project name. a app scan ) - .. . b. City, town, community or landmark Between Swansboro & Cedar Point c. Street address or secondary road number 106 Cedar Point Blvd. d. Is proposed work within city limits or planning jurisdiction? Yes XX No e. Name of body of water nearest project (e.g. river, creek, sound, bay) White Oak River & AIWW 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Renair bii11- 1PnA rn1n, n, existing boat ramp,maintenance of boat basin. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See attached 2. LOCATION OF PROPOSED PROJECT a. County Carteret ;=EB 1099 Revised 03195 Form DCNI-NIP-1 MAR 0 5 1999 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name NCDOT Address en urnie New ern NC Phone Name Faye Lamonds Baker Address 5359 South Fort Dr. Hope Mills, Phone F910)484-8685 Nu ZM8 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA GENERAL 11018752-C 3/18/98, C14727 7/11/95, C145370 3/30/95, C4215 3/23/88. • A check: for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge,. the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner cdnsistent with such program. 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. This is the _4 day of (e-jy19 ! Print Name ` - , l Signature caner ?Oldg'zl?lvor Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM M9-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. FEB 0 9 199d" Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes XX No f. Does the disposal include any area in the water? Yes XXX No If Yes, MAR 0 5 1999 (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 3. SHORELINE STABILIZATION a. Type of shoreline stabilization XX Bulkhead Riprap b. Length 506 ' c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL 10' e. Shoreline erosion during preceding 12 months 0 (Source of information) f. Type of bulkhead or riprap material Fiberglas s & Concrete g. Amount of fill in cubic yards to be placed below water level (1) Riprap 0 (2) Bulkhead backfill 80. 5 cu. vd. h. Type of fill material Sp o i 1 i. Source of fill material Spoil b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes XX No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL % a. How will excavated or fill material be kept on site and erosion controlled? Diked Spoil Area b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hvdraulic Dredge Backhoe c. Will wetlands be cr,ssed in transporting equipment to project site? Yes XX No If yes, explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes XX No Dudlev's Marina App3?cant or jest / zgnature Date Revised 03/95 Form DCM-MR4 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 which relate to this proposed project. e. Mooring buoys /?l (1) Commercial -Community - Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) Y" Commercial -Community _ Private (2) Number L (3) Length ?o (4) Width t ` (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes r.-I No (i) Number (ii) Length (iii) Width (7) Number of slips proposed W/A (8) Proximity of structure to adjacent riparian property lines (9) Width of water body 6©C'>' -t;/- (10) Water depth at waterward end of pier at MLW or NWL 6" i>'-> s? b. Boath ouse (including covered lifts) ,? (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) AI IA (1) Number (2) Length(s) d. Break water (e.g. wood, sheetpile, etc.) VIA (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete descri ti on). .?? <E-' l 5 ,-..vx Ap t onature 7_ 1? - Z !2? Date MAR 0 5 1999 t Revised 03/95 z . n 0 crt CO c? Y, ? 0 o N 2 d 0? W? 7C- r' c N -D 1 z T 41 G p o -i- 0 ? .3 L n p P ?D 11 (? - l I' 1T I. i• I ! I 0 ? o ? s, cL i r ?? d 717 x \ i r - p 0N_ i cr Q i ? a.. m ? A FteoJ.-A.35 ?o`k. tT? ?y 0 0 0 ? c z. T P P Ito" 1105 f ! ?? •`? .].52.1 ? 104 •; ? I li( O ?4a G p, f (? ? I 1106 ?' •'S:cj {;: •-' i? tier f tub I L:. t4 a,: u : j" k S I N C 1 l Ob ? U C K i Ow: '#.:.. 1110 H DER! 560 ' 107 CSR . • • y ' ?,? :ice' • s?? • k?• y ? • TX1 y.... r(• 1202 10 0 o 50 1 I 1D+ _ 16 r 216 f fl) 330,OOQ 00 i y rN. C- N N a d --Y 4 r7 of Q? 7 ?= 0 a d ? ? Q J, x - i -a.. i 1 0 i lfl l Q1 am rn rn LAM 0 d m cn 10. L Q L Ga o K? P P x n -? G 541 ?,1 O -f- n 0 cre ''W^ `W W Y •'L z 0 N Note 1s Bulkhead Replacement Work South of this point covered in previous General Permit. /4,00 0 G? ?cr :lam o? Begin This Pro lant See Note 00 oy \. CAS NC y G? o° 00 ?O o? Ramp Scale= 1'=60' Date= 02/25/99 // I /HINDI/ ti? I (l ?I(/ll I I I III ? ?I ?Ilt Ill IIIIpI11/ j \1 ? j f III rMA, -POw?R? 1V ?GQ_QJ?e I O G GOQp P??? Q (j'rllll f II I /1111 I ?Ih II/IIII I ill ICI ill l I 1 I V ? O?OPQ ??'Q?Py G?QP z•or 0 09G5 0 PV s9[ OVERHEAD PO ER ? o 0 J 0'b `i O /71f,ting Bulkhead 0 ?G 0 N d 0 P a•ooz GPI ec Qa i \ o/ 5 G?? QQ I ? ? tb? 6?'Sh?S t, to A, j _ M I rn ? o I P ? I ?I I I I ?` I I off. I I II eQ I I I I V I I I I O 0 ?Q I / / I / / / I 1 I eoy Excavation Quantity Di 4%ram oy?a?o ^ ?? O Q?GQp?J??? AO 0) s c •f- !y/am' + + + \ m O f v co 00 <b+ / / I P j + \ Q 14- 0? a" d-I cy? c?P y+ r e +`V I / 1 5' ?e = C, 5 ?P / to?yo o . Coll) it ? ! h+ ? ? \\ LPG o i j7+ ??G /r??l o ?Q10 L o 0?? / !!//y 0 Z'0 Sccae? 1„=60 Date 03-02-99 r e a Table \Bvlkhead ?G GO ,O Area Square Feet Design Depth 1 Dredge Depth Volume 5,978,7 SF , 2 15,303,4 SF -4 -6' 5,978.7 CF 3 24,277.0 SF 4' _9/ 61,213.6 CF 4 32,542.0 SF -9 4,5' 109,246,5 CF , 5 47,544,9 SF _ 9 5' 162,710.0 CF 6 9,652,1 SF _92' 95,089,8 CF 7 9,924.3 SF 0 5 1999 4' 28956.3 CF 8 8,665.0 SF MAR 4 39,697,2 CF 8,665,0 CF 0 r CAIVIA .25 March 15, 1999 TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: John R. Parker, Jr. Major Permits Processing Coordinator o? ?puG ?pN ,: S? SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Willard Dudley/Dudley's Marina Project Location: Carteret County. Dudley's Marina at the mouth of the White Oak River and Bogue Sound, on the southeast side of the White Oak River Bridge. Proposed Project: Proposes to maintain the existing marina by relocating the ramp, constructing three docks, constructing a bulkhead, and excavating around the existing docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 5, 1999. If you have any questions regarding the proposed project, please contact Tere Barrett 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. SIG arolina Department of Environment and Natural Resources IamA4J*r., Governor • Wayne McDevitt, Wretarv Division of Coastal Management Donna D. Moffitt, Director Morehead City Office . 151-B Hwy. 24 / Hestron Plaza 11 Morehead City, NC 28557 • Phone 252-808-2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Willard Dudley/Dudley's Marina 2. LOCATION OF PROJECT SITE: Dudley's Marina at the mouth of the White Oak River and Bogue Sound, on the southeast side of the White Oak River Bridge. Photo Index - 1995: #436 grid N-3,4,5, 0-3,4 1989: No photo State Plane Coordinates - X: 2572200 Y:343800 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/03/98, 2/18/99 Was Applicant Present - Yes, Yes 5. PROCESSING PROCEDURE: Application Received - March 05, 1999 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Developed (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Planned -Same (F) Type of Structures: Existing - Marina Planned - Same (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] T)RPT)CWT) PTT T RTl TNTrnun (A) Vegetated Wetlands S artina alterniflora 300 sf (B) Non-Vegetated Wetlands (C) Other Shallow Bottom 119,130 1637 sf Open Water 2144 sf High Ground 22,400 sf (D) Total Area Disturbed: 3.34 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Applicant proposes to maintain the existing marina by relocating the ramp, constructing three docks, constructing a bulkhead, and excavating around the existing docks. FIELD INVESTIGATION REPORT: John Willard Dudley/Dudley's Marina PAGE #2 9. NARRATIVE DESCRIPTION: The project site is the location of the existing Dudley's Marina at the mouth of the White Oak River and Bogue Sound, on the southeast side of the White Oak River bridge on Highway 24. This is a commercial venture in the Cedar Point area of Carteret County. The tract is approximately 3.14 acres in size, and averages 6' above mean sea level in elevation. The existing marina consists of various sized docking spaces, a shoreline that is stabilized by bulkhead, a ship's store and maintenance facility, and an onsite spoil retention area. The property is largely developed and impervious, lacking in vegetation with the exception of the area along the spoil dike walls. The Carteret County Land Use Plan classifies the project site as Developed. The waters of Bogue Sound and the White Oak River at the project site are classified SA. This area is not designated as a Primary Nursery Area by the Division of Marine Fisheries, and the waters within the marina are closed to the taking of shellfish for consumption. The facility is currently serviced by a private well and septic system, and there is no proposal to modify this. The applicant currently holds a CAMA General Permit to replace the bulkhead from the existing ramp eastward, and re-align the waterward end of the main dock. The proposal is to perform maintenance to the marina facility. This would be accomplished through excavation around the docks, bulkhead replacement, ramp relocation, and dock construction. Primarily, the a plicant desires to re-excavate around the docking system. This is a high energy area, lying opposite of Bogue in et, and at the mouth of the river. Consequently, the area is very conducive to shoaling, and the applicant must frequently "clean out" the slip space. In recent years, this has been accomplished through the General Permit process, excavating less that 1000 cubic yards per project. The applicant now wishes to hydraulically excavate the entire facility. . Current soundings reveal approximately -2.5' to -3' nlw along the bulkhead, sloping to an average of -4' nlw within the dock area, and continuing to -5' to -7' at the waterward end of the facility. The proposal is to excavate near the bulkhead to approximately 4 nlw, sloping to -6', -8' and finally -9' nlw at the waterward edge of the docks. At this point, the waters continue to deepen into the AIWW. Excavation to these depths would require the removal of approximately 18, 946 cubic yards of sandy material from a previously disturbed area of approximately 2.7 acres in size. Spoils generated by the excavation would be pumped into the existing onsite spoil area. This feature is approximately 112' x 200' in size. The dike walls are approximately 30' - 35' in width at the bottom, with an inside depth of approximately 11'. There is a 9' settling basin proposed for installation in the southwest corner, to return effluent to the mouth of the White Oak River. The intake pipe is proposed for the southeast side. Assuming 1' of freeboard for the settling basin, there is approximately 8' of usable depth within the spoil area. This allows for a capacity of approximately 9126 cubic yards of material. The applicant realizes that the spoil area is insufficient for the allotted material. However, he has stated that the spoil islands in the vicinity are unavailable for various reasons. The applicant has stated that the US Army Corps of Engineers will not allow for additional spoil placement on their islands in the area, and the - NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT NCDENR MEMORANDUM: JAMES B. HUNT JR: TO: JOHN PARKER GOVERNOR FROM: T. BARRETT SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT - .-WAYNE MCDEVITT JOHN WILLARD DUDLEY/DUDLEY'S MARINA, CARTERET SECRETARY COUNTY DATE: March 12, 1999 DONNA D. MOFFITT DIRECTOR. The following are my comments and recommendations for the above mentioned project: Typically, a spoil area destined for the placement of hydraulically excavated material should provide two to three times the room required for the dried material itself. This applicant has a spoil area onsite that is insufficient to hold the material, without consideration to the water content. However, he stated that he has been unable to negotiate the use of any other areas within the vicinity. He has made a good faith effort to insure that turbidity will not result from "over" pumping into the spoil area. Given that the material is of a composition that will dry quickly, and the submitted contract for continual removal of settled material, I would recommend that the applicant be allowed to utilize the spoil area onsite. I recommend the permit be authorized contingent upon the following conditions: 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and Sept.30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Excavation will not exceed -4' normal low water at the bulkhead, and will grade to the outermost desired depth of -9', not to exceed -9' normal low water. M1 3) The bulkhead will be constructed an average distance of 2' from the existing wall, and at no point will extend more than 10' from the current normal high water contour. 4) The bulkhead must be constructed prior to any backfilling activities. 5) The bulkhead must be structurally tight so as to prevent seepage of materials through the structure. MOREHEAD CITY OFFICE HESTRON PLAZA II 151-B HIGHWAY 24 MOREHEAD CITY NC 28557 PHONE 252-808-2808 FAX 252-247-3330 - AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER Form DCM-N1P-1 APPLICATIONR 0 5 1999 (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Between Swansboro & Cedar Point a. Landowner: Name John Willard Dudley C. Street address or secondary road number 106 Cedar Point Blvd. d. Is proposed work within city limits or planning jurisdiction? Yes XX No Address PO Box 1128 City Swansboro State NC Zip 28584 Day Phone (252)393-2204 Fax b. Authorized Agent: Name Charles A. Rawls & Associates Address PO Box 1126 City Swansboro State NC Zip 28584 Day Phone (910)326-1408 Fax (910)326-1400 c. Project name (if any) Dudley's Marina NOTE: Per7ct will be issued in nano of landowner(s), and/or project name, 2. LOCATION OF PROPOSED PROJECT a. County Carteret e. Name of body of water nearest project (e.g. river, creek, sound, bay) White Oak River & AIWW 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Repair h„llrhoa.a existing boat ramp,maintenance of boat basin. b. Is the proposed activity maintenance of an existing project, new work, or both? B o t h c. Will the project be for public, private or commercial use? Commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See attached Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name NCDOT Address en urnie Rd. New ern NC Phone (919)514-4716 Name Faye Lamonds Baker Address 5359 South Fort Dr.,Ho e Mills, Phone 910)484-8685 AU LO340 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA GENERAL ;1018752-C 3/18/98, C14727 7/11/95, C145370 3/30/95, C4215 3/23/88. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. MAR 0 5 1999. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge,. the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner cdnsistent with such program. 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. This is the ? da of Fn y ly . , 19-D?.(( Print Name L Signature T-AW,:1r7fl, I. ndowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCNI-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes XX No f. Does the disposal include any area in the water? Yes XXX No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization XX Bulkhead Riprap b. Length 506' c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL 10' e. Shoreline erosion during preceding 12 months 0 (Source of information) f. Type of bulkhead or riprap material F i b e r g l a s s & Concrete g. Amount of fill in cubic yards to be placed below water level (1) Riprap 0 (2) Bulkhead backfill 80. 5 cu. vd. h. Type of fill material Spoil i. Source of fill material Spoil If Yes, MAR 0 5 1999 (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes XX No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Diked Spoil Area b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hvdraulic Dredge Backhoe c. Will wetlands be cr3ssed in transporting equipment to project site? Yes XX No If yes, explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes XX No Revised 03/95 Dudlev's Marina A:p"t or jest / rgnature 100, Date 3 Q' Ul N a Qj -4- . O Q9 X _ vt , r/ l' I, i ?I l 01 M 6) 6) U -j d 1Q 1 LI) L P i? L X V,\ --? G O P " t? O V mot" 0 c? CO drq fi 0 N ..D a i, ? 0 0 N 2 ? d r ? r? 1 d r .. n P ?N 4% LIP 4- n c A? o __ crr ,-0 C9_ D - ca ca I D I I ?- 'Q z 1 , £ ? 0 \ o ? - { r ? f \\ f 0 ?N- 7i o- m ? A ar A A o , 0 0 0 c z.' n m o ? '3 t 0 I 0 7 i t'1 I a P I I t t t i I - ?. _ II Ii I 2 J? ?mac J ^e ??Wd j_`1uQL 7 0 C4 J d d L DC J .at V M ?J 0 _ r a 0 0 d g ?LL. 0 -4- A a 7 i -+ 0'Z l 0 J o ? N -- ? y cr; a 0 Q ? y Excavation Quantity Dic``?rar? Qom/ o5?a?? A 00 C ,Y + M rod" ti 40 IV+ ti 100, m r+ zo . o+ Cb o+ i X+ 0 CO CO -4- o? 1 CO IV+ h! Clf + I ?G?Qr /? QF a? 3 ? cb o l h Qz- 44 ?P QQ r1/+ / 7 f ? Qo i pQ 63 1 1 l 1 i! ?o +o?y^ 'L oO re V+ O , b `r ? ?1`f h? n o P``'S tr> G F,P o F,P M+ -- Scale: Date :- -`•- 03-02-99 rea Tab e ExZtlT Bulkhead Area Square Feet 1 5,978,7 SF Design Depth Dredge Depth Volume 2 -4/ 15,303.4 SF 3 -6' 5,978.7 CF 4 24,277.0 SF 4' -g/ 61,213,6 CF 32,542,0 SF -91 4,5' 109,246,5 CF- 5 47,544.9 SF 5' 6 -9? 162,710,0 CF 7 9,652.1 SF -9, 2/ 95,089,8 CF 8 9,924.3 SF 3' 28,956,3 CF 8,665.0 SF 8 MAR 199 4 _4, 39,697,2 CF- 8,E 65,0 CF- I ? , as I 5?5 , I , , , , I , °a ,oa I , , , I ' , , a ----- ---- .. 3NIl83 O O I I I 1 I I I I I (?II! t ? ll lilt I ? a f lll?l'II/??ll! I ?,; ' III??II??VIII <.? , lllll`?? Aqs ?C? y Z91 fl V 0 0 6wlslxg 1?4vp 200.2 - n, N 200.2 ) Od ov3Ha3no ---- 76.8 --- a ?? -- 1AW lit 11111111 Co fX, 1001 --4lwjad lajauao snolnajd ul pajanoo qulod sly-4 bb/5Z/ZO =9?BQ Jo y-4nog jjoM quawaoQidaS p¢ay,ling ,(DO=.l tt QION O _ N qq 36 40.2 .?i?? I \ da a ???,,?°' y w 6 sjx? aag ? d sl41 ulBag ^?ll??l ???--?,(-??I??llllll 11?I1)J ? p ?r?ll I ` i ? Ij /f/11 k o d?p? IIII Illy ' \, 111 ?I II lII r °?? l llI l?I l /I? ? p`J S ?l J 1 1\ 1 al u Z r o`er o° 00 ?? a? C I T Y OF R A L E I G H, N. C. Planning Department, P. O. Box 590, Raleigh, NC 27602 (919) 890-3125 ** NOTICE OF PRELIMINARY PLAN DECISION ** TO: Charles Grantham / Development Engineering PROJECT: Kings Crest II FILE NUMBER: PLANNING COMMISSION ACTION: ANW-APOW DATE OF ACTION: COORDINATING PLANNER: C. Darges (890-3669) Actions of the Planning Commission: The Planning Commission approved this plan according to a map drawn by Development Engineering and dated 5/2/96. Administrative Conditions: Conditions to be met prior to Planning Department authorization to record lots: 1. That construction drawings for internal streets are approved by the Central Engineering Department, and 2. That a petition for annexation into the City Limits be submitted in accordance with City Council policy for extension of utility service to properties currently outside of the City Limits. This voluntary annexation in no way obligates the City to extend utility services to the property. "SUNSET" DATES: If significant construction has not taken place on a project after preliminary approval, that approval may "sunset" and be declared void, requiring re-approval by City Council before lots may be recorded. To avoid allowing this preliminary approval to "sunset", the following must take place by the following dates: *1-Year Sunset Date: 5/14/97 Submit construction drawings for public improvements to the Development Plans Review Center (Room 307). *3-Year Sunset Date: 5/14/99 Record at least 1/2 of the acreage of the subdivision. *5-Year Sunset Date: 5/14/2001 Record the entire subdivision. t WHAT TO DO NEXT: * SUBMIT AN 81/a" X 11" MYLAR REDUCTION OF THE APPROVED PRELIMINARY PLAN to the coordinating planner whose name appears at the top of this page, for the city's permanent record of the approved plan. * SUBMIT ONE FULL-SIZE COPY OF THE APPROVED PLAN to provide us with a clean original in order to make copies of the plan for other City Departments. * MEET ALL CONDITIONS OF APPROVAL. * MEET THE REQUIREMENTS OF THE SUNSET THRESHOLDS AS NOTED ABOVE. OFFICIAL MINUTES: Minutes of Planning Commission meetings, or Certified Recommendations of the Planning Commission are available from Willa Brandon, Planning Commission Secretary (890-3688). Please do not hesitate to call me or the planner coordinating the review of your project at 890-3125 if you are unsure of how to satisfy conditions, or you have any other questions about this preliminary plan. Sincerely, Daniel A. Howe, ASLA, AICP Subdivision Administrator a4fA /51 4A-6,y? vtti 1 ? ? ?o . IL u-n _ ? n n To. John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS 5 51?/,? I REVIEWER: STEENHUI WQ SUPERVISOR: SHIVER DATE: March 30, 1999 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING f oVNl?lb PERMIT YR: 99 PERMIT NO.: 990259 COUNTY: Carteret PROJECT NAME: Dudley's Marina/John Willard Dudley b PROJECT TYPE: Dredge & Fill PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: March 17, 1999 Q REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501 *STREAM OR ADJACENT WATER BODY: White Oak River CLASS: SA STREAM INDEX #: 20-(18) *OPEN OR CLOSED: Closed WL IMPACT: Yes WL TYPE: Shallow bottom & coastal wetlands` WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A ( ??( MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A I (a l RECOMMENDATION: ISSUE CONDITIONAL STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: Proposes to maintain existing marina by relocating the ramp, constructing three docks, constructing a bulkhead, and excavating around the existing docks. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #$ 3112 for CAMA Permits SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 1637 sf WETLAND: 300 sf N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? There is a potential possibility of a breach in the berm if the dredging is not carefully watched and may impact the adjacent waters. The dike berm is not adequately stabilized with vegetation and on the side towards the road (NC Hwy 24) there is a section of the berm that is lower and could be the location of a potential breach. 990258. March Page Two ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: Yes MARINA SERVICES: Yes OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERNUT RESTRICTIONS: This office is concerned in the placement of the new boat ramp. Will the spoil dike be removed to allow access to the ramp and therefore no location of any additional dredging spoil?? The size of the existing onsite spoil area is also of concern especially since the dike walls do not seem to be stabilized with vegetation. That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files - John Dorney Wilmington Regional Office Files DCM- Tere Barrett John Parker J LAMA .25 ?fe e March 15, 1999 TO: FROM: SUBJECT: Applicant: Project Location: Mr. A. Preston Howard, P.E., Director Division of Water Quality John R. Parker, Jr. Major Permits Processing Coordinator qq 77TV 1 D 7 1999 CAMA/DREDGE & FILL Permit Application Review John Willard Dudley/Dudley's Marina Carteret County. Dudley's Marina at the mouth of the White Oak River and Bogue Sound, on the southeast side of the White Oak River Bridge. Proposed Project: Proposes to maintain the existing marina by relocating the ramp, constructing three docks, constructing a bulkhead, and excavating around the existing docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 5, 1999. If you have any questions regarding the proposed project, please contact Tere Barrett 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 North Car Department o nvironmen an aura esources amen B. Huni Jt., ovemor Wayne McDevitt, Secretary Division of Coastal Management Donna D. Moffitt, Director Morehead City Office . 151-B Hwy. 24 / Hestron Plaza 11 Morehead City, NC 28557 • Phone 252-808-2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: John Willard Dudley/Dudley's Marina 2. LOCATION OF PROJECT SITE: Dudley's Marina at the mouth of the White Oak River and Bogue Sound, on the southeast side of the White Oak River Bridge. Photo Index - 1995: #436 grid N-3,4,5, 0-3,4 1989: No photo State Plane Coordinates - X: 2572200 Y:343800 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/03/98, 2/18/99 Was Applicant Present - Yes, Yes 5. PROCESSING PROCEDURE: Application Received - March 05, 1999 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Developed (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Planned -Same (F) Type of Structures: Existing - Marina Planned - Same (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] T)R RT)(TRT) TM T PT) T kMnD D (A) Vegetated Wetlands S artina alterniflora 300 sf (B) Non-Vegetated Wetlands (C) Other Shallow Bottom 119,130 1637 sf Open Water 2144 sf High Ground 22,400 sf (D) Total Area Disturbed: 3.34 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Applicant proposes to maintain the existing marina by relocating the ramp, constructing three docks, constructing a bulkhead, and excavating around the existing docks. FIELD INVESTIGATION REPORT: John Willard Dudley/Dudley's Marina PAGE #2 9. NARRATIVE DESCRIPTION: The project site is the location of the existing Dudley's Marina at the mouth of the White Oak River and Bogue Sound, on the southeast side of the White Oak River bridge on Highway 24. This is a commercial venture in the Cedar Point area of Carteret County. The tract is approximately 3.14 acres in size, and averages 6' above mean sea level in elevation. The existing marina consists of various sized docking spaces, a shoreline that is stabilized by bulkhead, a ship's store and maintenance facility, and an onsite spoil retention area. The property is largely developed and impervious, lacking in vegetation with the exception of the area along the spoil dike walls. The Carteret County Land Use Plan classifies the project site as Developed. The waters of Bogue Sound and the White Oak River at the project site are classified SA. This area is not designated as a Primary Nursery Area by the Division of Marine Fisheries, and the waters within the marina are closed to the taking of shellfish for consumption. The facility is currently serviced by a private well and septic system, and there is no proposal to modify this. The applicant currently holds a CAMA General Permit to replace the bulkhead from the existing ramp eastward, and re-align the waterward end of the main dock. The proposal is to perform maintenance to the marina facility. This would be accomplished through excavation around the docks, bulkhead replacement, ramp relocation, and dock construction. Primarily, the applicant desires to re-excavate around the docking system. This is a high energy area, lying opposite of Bogue inlet, and at the mouth of the river. Consequently, the area is very conducive to shoaling, and the applicant must frequently "clean out" the slip space. In recent years, this has been accomplished through the General Permit process, excavating less that 1000 cubic yards per project. The applicant now wishes to hydraulically excavate the entire facility. _ Current soundings reveal approximately -25 to -3' nlw along the bulkhead, sloping to an average of -4' nlw within the dock area, and continuing to -5' to -7' at the waterward end of the facility. The proposal is to excavate near the bulkhead to approximately -4' nlw, sloping to -6', -8' and finally -9' nlw at the waterward edge of the docks. At this point, the waters continue to deepen into the AIWW. Excavation to these depths would require the removal of approximately 18, 946 cubic yards of sandy material from a previously disturbed area of approximately 2.7 acres in size. Spoils generated by the excavation would be pumped into the existing onsite spoil area. This feature is approximately 112' x 200' in size. The dike walls are approximately 30' - 35' in width at the bottom, with an inside depth of approximately 11'. There is a 9' settling basin proposed for installation in the southwest corner, to return effluent to the mouth of the White Oak River. The intake pipe is proposed for the southeast side. Assuming 1' of freeboard for the settling basin, there is approximately 8' of usable depth within the spoil area. This allows for a capacity of approximately 9126 cubic yards of material. The applicant realizes that the spoil area is insufficient for the allotted material. However, he has stated that the spoil islands in the vicinity are unavailable for various reasons. The applicant has stated that the US Army Corps of Engineers will not allow for additional spoil placement on their islands in the area, and the WAYNE MCDEVITT _ SECRETARY DONNA D. MOFFITT DIRECTOR.. r" NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT MEMORANDUM: TO: JOHN PARKER FROM: T. BARRETT SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT - JOHN WILLARD DUDLEY/DUDLEY'S MARINA, CARTERET COUNTY DATE: March 12, 1999 The following are my comments and recommendations for the above mentioned project: Typically, a spoil area destined for the placement of hydraulically excavated material should provide two to three times the room required for the dried material itself. This applicant has a spoil area onsite that is insufficient to hold the material, without consideration to the water content. However, he stated that he has been unable to negotiate the use of any other areas within the vicinity. He has made a good faith effort to insure that turbidity will not result from "over" pumping into the spoil area. Given that the material is of a composition that will dry quickly, and the submitted contract for continual removal of settled material, I would recommend that the applicant be allowed to utilize the spoil area onsite. I recommend the permit be authorized contingent upon the following conditions: 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and Sept.30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Excavation will not exceed 4 normal low water at the bulkhead, and will grade to the outermost desired depth of 4, not to exceed 4 normal low water. 3) The bulkhead will be constructed an average distance of 2' from the existing wall, and at no point will extend more than 10' from the current normal high water contour. 4) The bulkhead 'must be constructed prior to any backfilling activities. 5) The bulkhead must be structurally tight so as to prevent seepage of materials through the structure. MOREHEAD CITY OFFICE HESTRON PLAZA II 151-8 HIGHWAY 24 MOREHEAD CITY NC 28557 _ PHONE 252-808-2808 FAX 2S2-247-3330 _, AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10q POST-CONSUMER PAPER Form DCM-hfP-1 APPLICATIONR 0 5 !999 (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Between Swansboro & Cedar Point a. Landowner: Name John Willard Dudley Address PO Box 1128 City Swansboro State NC Zip 28584 Day Phone (252)393-2204 Fax b. Authorized Agent: Name Charles A. Rawls & Associates Address PO Box 1126 City Swansboro State NC Zip 28584 Day Phone (910)326-1408 Fax (910)326-1400 C. Project name (if any) Dudley's Marina NOTE: Permit will be issued in name of lmsdoxner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret c. Street address or secondary road number 106 Cedar Point Blvd. d. Is proposed work within city limits or planning jurisdiction? Yes XX No e. Name of body of water nearest project (e.g. river, creek, sound, bay) White Oak River & AIWW 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Renair h„llrinnnA ,,,-..- existing boat ramp,maintenance of boat basin. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See attached Revised 03/95 Form DCM-NfP-1 MAP. 0 5 1999. site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION • A Stormwater Certification, if one is necessary. • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name NCDOT Address en urnie Rd. New ern NC Phone - Name Faye Lamonds Baker Address 5359 South Fort Dr. Hope Mills, Phone 910)484-8685 AU LO340 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA GENERAL ;1018752-C 3/18/98, C14727 7/11/95, C145370 3/30/95, C4215 3/23/88. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge,. the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the _4 day of (gjy19?i?.++ Print Name t Signature wrur or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DChi-hiP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes XX No f. Does the disposal include any area in the water? Yes XXX No If yes, MAR 0 5 1998 (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 3. SHORELINE STABILIZATION a. Type of shoreline stabilization XX Bulkhead Riprap b. Length 5061 c. Average distance waterward of MHW or NWL 2' d. Maximum distance waterward of MHW or NWL 10' e. Shoreline erosion during preceding 12 months 0 (Source of information) f. Type of bulkhead or riprap material F i b e r g_l a s s & Concrete g. Amount of fill in cubic yards to be placed below water level (1) Riprap 0 (2) Bulkhead backfill 80. 5 cu. yd. h. Type of fill material Spoi 1 i. Source of fill material Spoil b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes XX No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Diked Spoil Area b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hvdraulic Dredge Backhoe c. Will wetlands be crassed in transporting equipment to project site? Yes XX No If yes, explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes XX No Revised 03/95 Dudlev's Marina Ap?t or jest / egnature Date a D" N N 07 7 o1 0 d 0 V V*l U - 0 Q? x - -, , i i! O1 m rn rn lfj O L= Q L P t' <L x Co N -A. VA G X? p P (' C? fi a 0 cn CD C9 1rz x 3 a ?- 0 N z 0 en Ca CD CID Y 0 0 N Q d 7C C 0 N -0 ..D ? r ?N 77* G LIP t i p , o t 0 L i C i -ft ? I,A A P Il d 4 1 ;I 'V i I 0 0 N Z r - 4- 0N, ii ? D A A o 0 ? -P V- n z I 0 V z I ?? ? I A ?I o a ? ,kI ? la I I !1 I I I I' ? I I I 1 I ul I I { Tli I ---0 V ••A Wd j?QL f_° z 0 J W ? d? V a_ o? 'o a a C^ ?J 0 E- Q N 0 0 A a 7 S 1 0 J o -o N -- u u 0?" N oy Q u -- ) cr; rn G C;z Dy Excavation Quantity Dic*qb ram ?p0,00 a + to ' M+ ?0 ?lb lJ i /r nY'!L 'r y 'x. ? Z ^I T / + f h M `i Q`. N I ^? I b, 4? A a ? I I !/ pS' i G ?s ?CFQ 1 ...... + +? GVP50 QP P N7 tX 00, Ile P 5 J° P??G ^? 1 to Cz. SCCLte; Ilk It- ?? i" V=60' Date -` - 03-02-99 reQ i Existing a b (e Bulkhead Area 1 Square Feet Design Depth Dredge Depth V 5,978,7 SF olur?e 2 -4/ 15,303,4 SF 1' 3 -6' 5,978,7 CF 24,277,0 SF 4' 4 -g/ 61,213,6 CF 32,542.0 SF -91 4,5' 109,246,5 CF 6 47,544,9 SF -9, 5' 162,710.0 CF 5 9,652,1 SF -91 21 95,089,8 CF 7 9,924,3 SF 3 -8, 3 23,956.3 CF- 8,665,0 SF -4' CF 8,665.0 CF } Ke as ,? pea4ling /ate- V-1 ° 200.2 .o / O ^\cO? / n f // aye ' 200.2 I ay----- V - -- 3NIla3 Od ° WIIA0 ---- 76.8 --- a \? 1 O Y 36.3 \ w as a \ o ?•bZ"' -?-?-_" `5 40.2 ` I ? ay I r\V^ \ - - aD a I el>? w 6 slx,g a o Vas I d s141 ulBag OQ Qa D ,j???J 6? . f Y as ? / i I Q \\\? _ I??Od3N??ro J 17?u1 ^ilii(I'til' I I I///gym?yl/ll( r - , J(16%?lI Ill //? '? Jljl?ll? ?(j?ll(I r Qe dwp?( 111(1 II \? / 1 I?1IPIII//JN((? "'aN II(I?//IIII?IIil?lllI ?e l Jjlj TI(?jl(I? ?a 11111 ?I %(I I ?? or /II I///((((///(II I Ida I I/I I ate e? / I IIII ll?Il? •:? ^?? ????I Ib ? i? 1 ?' • ao?./?l 1 /,111(1 ? ? "001 ? 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