20001346 Ver 1_CAMA Application_20001020

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October 20, 2000
I 3. HUIIIT JR.
ERNOR
MEMORANDUM:
L HOLMAN TO,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
®413 ? ? ? ¢j?"
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Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
* Applicant: James Davis/Lazy Acres Farm
Project Location: Carteret County, within the waters of Tusk Creek, off of Jarrett Bay,
' at the mouth of Wolfert's Creek. From Beaufort, take Hwy 70 to
Smyrna and turn right on Marshallberg Rd., (SR 1347). Just North of
Marshallberg, take a left on Charlie Piner Rd., (SR 1400).
s
Proposed Project: Proposes to excavate an existing channel within Tusk Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by November 10, 2000. If you have any questions regarding the proposed project,
please contact Tere Barrett 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
s' -
MOREHEAD CITY OFFICE
HESTRON PLAZA II, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
-+e PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10`Yo POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT n
1. APPLICANT'S NAME: Mr. James Davis/Lazy Acres Farm
2. LOCATION OF PROJECT SITE: The project site lies in Carteret County within the waters of Tusk
Creek, off of Jarrett Bay, at the mouth of Wolfert's Creek. From Beaufort, take Highway 70 to
Smyrna and turn right on Marshallberg Road (SR 1347). Just north of Marshallberg, take a left to the
end of Charlie Piner Road (SR 1400).
Photo Index - 1995: 54-630 grid T-6 and T-7 1990: 148-39 grid 0-16 and P-16
State Plane Coordinates - X: 2747650 Y: 369800
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/29/00
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - Completed - October 13, 2000
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Rural, Conservation
(B) AEC's Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - None
(F) Type of Structures: Existing - Residence, Dock, Rip rap
Planned - None
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FR I .F.l) n'T W P D
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Shallow Bottom Habitat
High Ground 5400 sf
40,000 sf
(D) Total Area Disturbed: 45,400 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The proposal is for the excavation of an existing channel within Tusk Creek.
While some form of a channel is evident on aerial photography, there is no indication of this area
having been formally excavated. The channel, which was probably created and maintained through
boating use, extends from the applicant's dock to a maintained channel ±400 feet to the northeast.
FIELD INVESTIGATION REPORT:
JAMES DAVIS/LAZY ACRES FARM
PAGE 2
9. NARRATIVE DESCRIPTION:
The project site is at the end of SR 1400 (Charlie Piner Road) in Marshallberg, NC. This is an area of low density,
residential development. The subject property is over thirty acres in size, occupied by a single family residence of
seasonal use. The property is presently serviced with a private well and septic system. A large part of the property
has been previously cleared for farming, with a wooded border left along the shoreline. The tract averages +5' msl,
and has 1321' of frontage along Wolfert's and Tusk Creeks.
Wolfert's Creek borders the property to the south, and Tusk borders it to the east. Tusk Creek is a tributary to Jarrett
Bay, which flows into Core Sound. A small estuarine island, Bell Island, lies at the mouth of Tusk Creek, in Jarrett
Bay. The substrate in the project area of Tusk Creek is predominantly silt, although the photography indicates a
shoaling effect of some sandier material along the shoreline. The system is a low energy one, probably resulting from
the presence of the Bell Island marshes between the mouth of Tusk Creek and Jarrett Bay. Beds of submerged aquatic
vegetation are prevalent in the area behind and around Bell Island, but not in the project area.
Core Sound, Jarrett Bay, and all of Jarrett Bay's tributaries carry a water quality classification of SA-ORW as
designated by the DWQ; Tusk Creek is designated as Primary Nursery Area by the Division of Marine Fisheries; the
waters of Tusk Creek are open to the taking of shellfish for consumption, although the other tributaries to Jarrett Bay
are closed. The Carteret County Land Use Plan Classification for this part of Carteret County is Rural, with all
AEC's classified as Conservation.
The photographic evidence through the years indicates a quasi channel existing from the applicant's pier to the channel
utilized and maintained by C& S Seafood to the north. However, there is no evidence that this channel has ever been
formally excavated. More likely, the channel has been maintained through the effects of prop wash. The existing
channel varies from ±9' to ±12' in width, and extends from approximately the conflux with Wolfert's Creek, (±50'
south of the existing pier) to the C & S Seafood boat basin, some 400' north of the applicant's pier.
The applicant is proposing to excavate this channel to a constant -4' nlw depth, for ±450' in length. The proposed top
width is 12' and bottom width is 9'. The proposed length and width are approximately the same dimensions as the
existing channel. The current water depths in this area vary from -6" to -2' nlw. The current depth in the adjoining
basin at C & S Seafood is -4' nlw. The ±400 cubic yards of material are to be removed by hydraulic clam bucket,
and stored on high ground on the project property. Offloading of the material from the barge to trucks will occur
immediately south of the dock. A 200' x 200' area of high ground landward of the tree line has been designated for
spoil disposal. This is more than adequate to store the amount of material to be removed. After drying, the material
will be spread onto the farm fields.
The intended use of the proposed channel is for private boating access from the pier of the applicant
10. ANTICIPATED IMPACTS:
As proposed, the excavation of this channel will disturb approximately 5400 square feet of shallow bottom habitat,
within a previously disturbed Primary Nursery Area. Approximately 400 cubic yards of material will be removed
from the system. Currently, any use of the channel at times of borderline tides is prone to cause the re-suspension of
sediments into the water column through prop wash. The presence of a channel with a water depth of -4' nlw may
reduce this effect of boating ingress and egress in the project area. Although temporary turbidity impacts can be
expected during excavation, the hydraulic clam bucket intended for use at this time has a lower turbidity impact than
traditional bucket excavation in that there is less spillage during the process. Boating activity in the area should not
increase as a result of this project. Approximately 40,000 square feet of cleared high ground area will be filled
through the deposition of the spoil material. After drying, this material will be spread over an indefinite area.
Tere Barrett October 19, 2000 Morehead City
Form DCM-MP-1
LOO
A PPLICATIO

(To be completed by all applicants)
b. City, town, co
I. APPLICANT . rn A,(s k
a. Landowner:
Name 4 y i s d.
Address _3a..-.i- L1 ,f I (L
e.
City State fl C,
Zip - R --5"' Day Phone 7,?G -<R/76-
Fax
b. Authorized Agent:
Name . I - C 11 l I f =Q • _: 9? tl ;lr :?,
Address so 1 .. J N i V
City t-- H °rr State ?.
!h
AUG 3 ! ?000 i
c. Street address or secondary road number
i ties I??l
Is proposed work within city limits or planni
jurisdiction? Yes ? No
Name of body of water nearest project (e.g. riv;
creek, sound, bay) --Tay- re.++'S " -LE \l
r
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.i
building a home, motel, marina, bulkhead, pier, ar
excavation and/or filling activities.
?X C(-?V'?"hOr?} rk,? i;?1i? L'? ts:t:?t;,° i
Zip r) 56 I Day Phone. ?,?? c
b.
Fax
aZ
r
Project same (if any) ?°i Dt,av."_U i`
NOTE.- Permit will be issued in name oflm,downer(s), and/or
P
rojea name,
4
Z
2. LOCATION OF PROPOSED
PROJECT
a. County L. A "I- ee-t°.
Is the proposed activity maintenance of an existin
project, new work, or both? Mp:i r1= ,r s qtr
tk i Ski r15
Will the project be f0i public, private or commercia
use? ng, i V 0.+e
c.
d. Give a brief description of purpose, use, methods o;
construction and daily operations of proposec
project. If more space is needed, please attacb
additional pages. 6XCA?Jn-Dior') r,li J I J-?(
i LS
Sp o i L

Form DCM-MP-1
4. LAND AND WATER
m. Describe existing wastewater treatment facilities.
CHARACTERISTICS
a. Size of entire tract %396 X 1_'? ?S
b. Size of individual Iot(s)13? 5 'X q 7S-/
c. Approximate elevation of tract above MEW or
NWL 5
n. Describe location and type of discharges to water:
of the state. (For example, surface runoff, sanitar.
- wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
I frriC fl.1r) C. -;
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.

e. Vegetation on tract N CD Nt.
f. Man-made features now on tract i t hCF;?
)
5. ADDITIONAL INFOR-NATION
g. What is the LAMA Land Use Plan land

classification of the site? (Corsair the Lc= 1 L-.9 =e pL-i.) In addition to the completed application form, the

? following items must be submitted:
Conservation Transitional
Developed Community
A ?P] of the deed (with sate application only) or
? Rural Other 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 ! I r _= L. 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
(Anach zoning conxlianz crr;jfl e, iapps=b1e) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 12" by 11" white paper. (Refer to
done for the tract? Yes ? No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ? No
I. Are there wetlands on the site? ? Yes No
Coastal (marsh) ? Other
If yes, has a delineation been conducted? N 0
(Attach docrrmema.Zon, if available)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-tine
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-NIP-1 'F,? ( -ji k' -c C
_. ?UUO AUG 31 2000
site. Include highway or seconday 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) landor*ners 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 a% ;ter' -- `..?w 'ho,,- t,'
Address G d. 5 ?cl; mQr?I c, 4; Fv,^r NG
Phone r7Q9- iq "ag 3
Name (?tkccAv C-.A r n' v?
Address Line - P,N'fr
Phone _?3 4 - 143 Qp
?3.
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permut numbers,
pertnittee, and issuing dates.
nJ D t?
6• MOREHcAD I
A-N PERMISSIC
TO ENTER ON LAh-D
I understand that any permit issued in response to ti
application will allow only the development described
the application. The project will be subject to conditio
and restrictions contained t,i the permit.
I certify that to the best of my knowledge, the propos
activity complies with the State of North Carolina
approved Coastal Management Program and will I
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fac
grant permission to representatives of state and feder
review agencies to enter on the aforementioned lands b
connection with evaluating information related to th
permit application and follow-up monitoring of th
project.
I further certify that the information provided in thi
application is truthful to the best of my knowledge.
This is the d day of 2la-.Uti I
v
Print Name C h A
Xv
Signature
Tan faw r or A"thoriZed Aglr/
• 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.
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 anachment in the
space provided at the botrom of each form.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
orm DCl?1-. F
EXCAVATION-7----
AND FILL i'
Except bridges and culverts)
_«ach this form to Joint Application for CAMA Major
=rinit, Form DCM-M2-1. Be sure to complete all
he. sections of the Joint Application that relate to this
-oposed project.
esc:'be below the purpose of proposed excavation or
I activities. All values to be given in feet.
Average Final
Edstiag Project
Length Width Denth ilnnth
...cuss
? 1annel
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anal
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AUG 31 2000 {t
t 1. EXCAVATION

a. Amount of material to be excavated from below
MHW or NWL in cubic yards ?4JO . Cuk:?; e ?+r5,
b. Type of material to be excavated S L-?
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes \/ No
d. Highground excavation in cubic yards _Nh N
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area } a q Uur%cl
Of J A tS t
b. Dimensions of disposal area a('Z' X act '
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? \/ Yes No
If yes, where? noa +-4 ?, i ,
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes ? No
f. Does the disposal include any area in the water?
Yes .? No
3. SHORELLN"E STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. L en z,--h
C. Average distance waterward of MHW or NWL .
d. Maxim„um distance w•aterward of MHW or NWL
e. Si;oreiine erosion during preceding 12 months
(Source of information)
f. T?-a of bulkhead or riprap material
s A„ our,[ of fill in cubic yards to be placed below
eater Ievel
(1) Riprap
(-) Bulkhead backfiil
TNre of fill material
Source of fill material
?. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
Will fail material be brought to site?
Yes ?No
If Yes,
(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 wedands?
Yes ? No
If yes, .
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or ftil material be kept on site
and erosion controlled? -t 1 rn n 4a
-? ,'t
4 E ? h4 ? \ •
11J
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wedands be cr lssed in transporting equipment
to project site? Yes No
If yes, explain steps tha*. will be taken to lessen
environmental impacts.
APPS or ed
Signature
/0_/ 3_
Date
:Yised 03195
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