20041208 Ver 1_COMPLETE FILE_20040723

MEMORANDUM
TO: John Dorney
Non-Discharge Branch
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Regional Contact: J. Steenhuis
WO Supervisor: R Shiver
Date:
Facility Name Deer Creek Phase A&B c/o W.B. McLean Trust County Carteret
Project Number 04 1208 County2'
Recvd From DCM Region Wilmington
Received Date 7/23/04 Recvd By Region
Project Type paving road
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
CA_ A high F770 N -F-20-36-1 SA ORW 30,503. 1.36 F--
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
No wetlands will be impacted with the p_or op sed eject. No 401 is needed. JHS 8/3/04
cc: Regional Office
Central Office Page Number 1
041208
??._
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 22, 2004
WETLANDS/ 401 GROUP
MEMORANDUM:
JUL 2 3 2004
TO: John R. Dorney
Environmental Biological Supervisor WATER QUALITY SECTION
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: W.B. McLean Residuary Trust c/o Paxon Holz
Project Location: Carteret County, on Deer Creek Drive, in the Town of Cape Carteret.
Proposed Project: Proposes to pave Deer Creek Drive within the ORW Coastal Shoreline Area of
Environmental Concern.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by August 12, 2004. If you have any questions regarding the proposed project, please contact Brad
Shaver at [phone]. 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
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www. nccoastal management, net
An Equal opportunity \ Affirmative Action Employer -50% Recycled 110% Post Consumer Paper
0412n8
DCM % DWQ %
Development Type FEE (14300 1601 4351000931625 6253 (243001602 435100095 2341
1. Private, non-commercial
development that does not involve $250 100%($250) 0%($0)
the filling or excavation of any
wetlands or op

lic or commercial developm nt 71
does not involve the filling or $400 100%($400) 0%($0)
cavation of any wetlands or o n
ater areas:
III. r develo at involves the
filling an xcavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B, C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality $250 100%($250) 0% ($O)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality $400 100%($400) 0%($0)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and $400 60%($240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
momm?
III(D). If General Water Quality
Certification No. 3301 (see attached) $400 60%($240) 40%($160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $475 60%($285) 40%($190)
than one acre of wetlands and/or
open water areas:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: W.B. McLean Residuary Trust
PROJECT NAME: Deer Creek Phase A and B
2. LOCATION OF PROJECT SITE: The project is located on Deer Creek Drive in Cape
Carteret, Carteret County.
Photo Index - 1995: 39-475 F(12-14) G12 2000: 39-494 E(13-15) F13
State Plane Coordinates - X: 2,584,000 Y: 346,800 Quad. Swansboro
GPS# J070816C
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visits - July 8, 2004
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete July 7, 2004
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Cape Carteret, certified 1/22/1998
Land Classification From LUP - Developed
(B) AEC(s) Involved: ORW-CS
(C) Water Dependent: No
(D) Intended Use: Public/Commercial
(E) Wastewater Treatment: Existing - Septic System.
Planned - N/A
(F) Type of Structures: Existing - Unpaved dirt road.
Planned - Paved road with improved drainage.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: . [AREA]
DRF,DGED FI J ,Fly OTNF.R
(A) Vegetated Wetlands
404 Wetlands
(B) Non-Vegetated Wetlands
none
(C) Other Graded and Paved
High Ground 59,220 ft2
(D) Total Area Disturbed: 59,220 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to pave Deer Creek Drive in Cape
Carteret within the ORW Coastal Shoreline Area of Environmental Concern.
FIELD INVESTIGATION REPORT:
Deer Creek Phase A and B / CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
Deer Creek Drive is a loop road located off of Youpon Drive, which is oriented
north/south off Highway 24 in the Town of Cape Carteret, Carteret County. Deer Creek Drive
is not directly adjacent but falls within the Outstanding Resource Waters Coastal Shoreline
Area of Environmental Concern (AEC) of Deer Creek. Deer Creek Drive has been in
continuous use for over 30 years. The maintenance of the Drive had been completed by the
Town of Cape Carteret until 2003 at which time maintenance reverted back to the original
developers, the McLean Trust. The current motive for improving Deer Creek Drive is to
support additional phases of Deer Creek Subdivision, which would create 10 additional lots.
Phase A and B along with Deer Creek Drive comprise 6.5 acres of land. Four of the
proposed lots are 24,000 ft2 in size while the remaining 6 lots are 21,000 ft2. The elevation of
the six-acre tract varies from 7' in a wetland outlet area along the SE side of the property to
15'. Currently, Deer Creek Drive is paved from just south of the manmade basin adjacent to
the 513 Deer Creek Drive back to the end of the loop on Youpon Drive. The unpaved section
of Deer Creek meanders through a canopy of trees including gums, oaks, and pines. The edges
especially surrounding the 404-wetland area, in the SE quadrant, is overgrown with cat brier
and wild grape. The unpaved section does pass several single family residential lots already
developed. The applicant has already secured a State Stormwater permit from the Division of
Water Quality, SW8 040608, and Sedimentation and Erosion Control approval via Control
Permit No. Carte 2004-290.
The closest shoreline to the project is Deer Creek located 200-300 feet away. The most
sensitive area within the project boundary is a small wetland area, once again located in the SE
quadrant of the project, which empties into the manmade canal adjacent to 513 Deer Creek
Drive. The wetland currently drains through a 15" pipe in an easterly direction. Deer Creek in
this area is classified as SA ORW waters by the Division of Water Quality and is not
recognized as a primary nursery area by the Division of Marine Fisheries. The waters appear
to be open to shellfish harvesting.
Project Description
The applicant is proposing to finish paving Deer Creek Drive from Youpon Drive on the
north side of the loop to the current pavement on the south stretch of the loop. The paving
project involves the paving of the existing section of Deer Creek Drive for 987' by 20' with
20' shoulder and ditch sections. The applicant has designed the project in such a manner to
divert all drainage in a SE direction to discharge into the manmade basin either through
surface runoff or via the wetland area located just east of the drive. There is no development
proposed into the 404 wetlands located along the east side. To facilitate the drainage in the
prescribed pattern an additional 48' pipe is proposed along the east west stretch to route the
water toward the 404 wetland area. The applicant has proposed 5 temporary sediment basins to
reduce off site siltation during the construction phase. Also the applicant has requested a rip
rap check dam to reduce the velocity of the water prior to discharge in to the 404 wetlands.
FIELD INVESTIGATION REPORT:
Deer Creek Phase A and B / CARTERET COUNTY
PAGE #3
Anticipated Impacts
The project will involve 1.35 acres of highground disturbance within the Outstanding
Resource Waters Coastal Shoreline Area of Environmental Concern. The majority of the
proposed impervious surface currently lies in the same state but just as crushed stone and shell
not pavement. The proposed drainage pattern will likely push more water into the 404 wetland
area located just west of the manmade basin, this may force more sediment into the wetlands.
Brad E. Shaver - Morehead City Office - July 21, 2004
Form DCM
APPLICATION, L MM = s 2004
?
Cro be completed by all applicants) Morehead City DCM
b. C? , town, community or landmark
1. APPLICANT S;aPE lac2rE2E-r
a. Landowner:
W . 8. Me- Le4m U5 lWb9%T T%%ss-t
Name ?eQiJ 4liQLl TRtSSTE6.
Address lob MOrir&+ee 5keey
city state vi C.
Zip Z8 ?Jg 4 Day Phone Z 52 -393- $14 4
Fax Z 5Z - 393- Z4 !e 3
b. Authorized Agent:
Name aoLZ TROSTEE
Address 100 9MATEE StREET
city r?PE a RTErState G
c. Street address ?r2aK road number
Der t2
d. Is proposed work within city limits or planning
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) flFr--1Z C eQiC
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 andlor filling activities.
WJ645 BercN It'l C.01,'rwu0 S US(
cQ? E
0a -An ?J=Rs
In &OOITIO XL LOTS
Zip Z $ S 8 9'` Day Phone Z S 2.34%$ , t44 b. h the proposed activity maintenance of an existing
project, new work, or both? 60714
Z Z - 3`f 3- 2443
c. Will the project be for public, private or commercial
use? 'PUBLIC STILEf i GC???S't?2vCt
c. Project name (if any) ?ER i?EEIC
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
AVM Perx* ww be inued in nm»e oft r(+). md1or project. If more space is needed, please attach
additional pages.
project uona.
2. LOCATION OF PROPOSED
PROJECT
a. County r A TERE -r"

it"hed A3/9S
Rp SO V
Description of Purpose and methods of construction for DeerY 2 5 2004
Creek Drive, Phase A & B Morehead City DCM
Deer Creek Drive has been in continuous use for over 30 years. The
original homeowners on the street were the families of Col. Jack Miles,
Bill Goff and Paul Smith. The road was never paved for access to their
residences. The wearing surface was aggregate and soil. For many
years the road was.maintained by the Town of Cape Carteret. During
the years of Cape Carteret maintenance, so much aggregate was
placed in the soil street, that only 2 inches of aggregate is needed to
complete the base portion according to a soil test firm's recent report.
The Town of Cape,Carteret withdrew maintenance of the street_in
2003.
This project will construct roadside ditches, install a drainage pipe and
build a paved roadway for access to the properties of the McLean Trust
(Phase A) as well as paved access to the properties mentioned above
(Phase B).
Initial effort will be to build a ""construction entrance" at Yaupon Street.
Subsequent efforts will be to build sediment retention basins as
approved on the DENR-LQ plan approved this year (Carte-2004-290).
After temporary sediment basins are constructed, the ditches will be
constructed, a pipe installed and finally, the street base shall be
prepared for aggregate. After aggregate is placed and compacted,
paving may proceed. Altogether, approximately one acre of
disturbance may be made.
Form DCM-MP-1
ria
PPF 5 RVED
MAY 2 5 2004
m. Describe existing vMQra11_1hnawSfiei li€ cM
G ST
SE
EJyiS
4. LAND AND WATER ?
__
CHARACTERISTICS
a Size of entire tract G -;v Ae ce S n. Describe location and type of discharges to waters
. %4,000 } s of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) I, A Z 1.0 00 4 S, F wastewater, industrial/commercial effluent, "wash
"
and residential discharges.)
down
c. Approximate elevation of tract above MHW or
0
*-
NWL t 12' MS L WILL MJ.WkQ 56
=& 45
W.AAMACBE 10 MQ61ttica FIFE
d.
ct o.
re(s) of tr
Soil type(s) and !1
Solt
I
$
Describe existing drinking water supply source.
Q ON W 0
,
y`
nriAg ®
AA1
: Pa - E
e. Vegetation on tract Woo M LA ND N1
'?C-?i tDEI?tCE?
f G
GJTTZG--?
Man-made features now on tract
. ? p S.
= CWJS3Fc. ,
30 YEARS A ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Cmsub vie kca kind sue plop following items must be submitted:

Conservation Transitional
?- Developed Community 0
A copy of the deed (with state application only) or
Rural ether other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
R Est DENTlAL forward a copy of the deed or other instrument under
_ which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? '? Yes No
(Attach roWng tw"Am - mmficaw, VWUcoble) •
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment beeu ink on an $ 192" by 11" white paper. (Refer to
done for the tract? Yes ? No Coastal Resources Commission Rule 71.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or Aigible property? prints or other larger plats are acceptable only if an
rovided b
ies are
te number of
ualit
co
d
Yea i/ No p
y
q
p
y
a
equa
applicant. (Contact the U.S. Army Corps of
1 Are there wetlands on the site? Yes . No Engineers regarding that agency's use of larger
.
/
Coastal (mom) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? V requirements and it must be sufficiently detailed to
(Aaa.A doa-Aentodm, ee-ilabk) guide agency personnel unfamiliar with the area to the
W e-rLXM0 S JVOG KET W MOT
IN MC-A 1Z f E vtSTU RBM
NOT I M F./W OF STREET'
Ree ked am
i IT WiLL, 5F, FP TaECM0
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 !''
Address _
Phone
Name _
Address _
Phone
Name
Address
Phone
MAY 2 5 2004
__ nar,roho?d?:f.?a?n
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 consistent with such program.
1 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 Pftday of
r or Awh m&d Aaenr
• A list of previous smote or federal permits issued for
work on the project tract. Include permit numbers,
Print Name sTer--
permittee, and issuing dates.
CO - ?S - Q Signature C . tLz
Mt ?.t S,ZOC 4 "!?1Z/AG40,5-01600
PW5- P1?, N LW 191, 200 9
• 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
oceanftnt 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 land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N1.4
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2 Excavation and F01 Information
. DCM MP-3 Upland Development
DCM MP4 Structures Information
_ DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE: Please sign and dote each attachment in the
apace provided at the bottom of each form.
Revised 63195
Form DCM-MP-3
UPLAENV ?SIVID
DEVELOPMENT JUL 0 7 2004
(Construction and/or land disturbing activities) Morehead City DCM
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project.. Division of Environmental Management for review?

a. Type and number of buildings, facilities, units or Yes No
If yes, date it ed J 0 (I 7& 4"`
structures proposed 10 51M9L.E MMIL. f APPRO FD
'KEcll DE)W 5 i. Describe proposed method of sewage disposal.
1
11 G _17k Q k 5 > I3 L1 KI E 1Wl&
S E: F
b. Number of lots or parcels r- NS
j. Have the facilities described in J11 9m i. above
c. Density (give the number of residential units and the received state or local approval? Y GS
units per acre) 1 RES1JZ_=MC.=5
1 RF51DESKS WR 1. S AG1zE5 (anach appropriate documentation)
CARZERETCa- EA vIMIJAeM -M L 05LU )
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. sanitary wastewater, industrial/commercial effluent,
Z audre ee ( 13 5' 0cPEsl "wash down" and residential discharges).
StJ'R?IJCE ?t?NOFF
e. If the proposed project will disturb more than one I NDLVIM & L - WO CO NI AE=1 I KL _
acre of land, the Division of Land Resources must DISGl?dfrZGE?
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well, community, ublic system, etc.)
?
'
`
?Q?
control plan been wbmitted to the Division of Land CO]?M?
l _? k ? ?IZ
1EiZE
r L1
TER ?rZ{
Resources? ? Yes No
If yes, date submitted _CAKME 2004- 290 m. Will water be impounded? Yes No
A?M\fF.V MAY 5, 2004 If yes, how many acres? WA
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when
T Z A5BAALT" was the lot(s) platted and recorded? N/A
P?? AS E 'TAR£E.
TJE R ?EIG - 1 M'FRa UEMF_ JT5
g. Give the percentage of the tract within 75 feet of pp '
oj e
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by e
S'
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 25
DEN IZ- OW C, 5W E 040(008
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