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HomeMy WebLinkAbout20000879 Ver 1_COMPLETE FILE_20000703State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Forsyth Holdings, LLC C/o Paradise Bay Mobile Home Hideaway P.O. Box 10 Salter Path, NC, 28575 APPROVAL of 401 Water Quality Certification with Additional Condition To Whom It May Concern: July 17, 2000 DWQ# 00-0879 Carteret County You have our approval, in accordance with the attached conditions, to dredge 2.93 acres of vegetated and non-vegetated wetlands in order to construct 65 additional docks on your property in Carteret County, as you described in your application dated 3 July 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. 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 Watershed regulations. Also this approval will expire when the accompanying 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. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below. 1. The activity shall be conducted in such manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge (25 NTU's in all saltwater classes). 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 Dorney at 919-733-9646. Sincerely, L Kerr T. Stevens Non-Discharge Branch • 1621 Mail Service enter Raleigh, North Carolina 276994621 Telephone 919-733-1786 FAX # 733-9959 D E N R An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Attachment cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Doug Huggett, DCM File Copy Central Files Ii FT 117) Y 000879 MEMORANDUM TO: John Dorney Regional Contact: I Steenhuis Non-Discharge Branch WQ Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Forsyth Holdings c/o Paradise Bay Mobilehome County Carteret Project Number 00 0879 County2 Recvd From DCM Region Wilmington Received Date 7/3/00 Recvd By Region Project Type maintenance canal / docks Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA ?_O Y O N ?- 20-36 SA ORW 30,503. F__ F ?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y p N Recommendation: Q Issue 0 Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office has no major objections to the eject if no SAB's are im ap cted, We are concerned about tu y and would remind the applicant that waters outside the project area cannot exceed 25 NTU's_ cc: Regional Office Central Office Page Number 1 Facility Name' Forsyth Holdings c/o Paradise Bay Mob lehome County Carteret Project Number 00 0879, Regional Contact: J. Steenhuis Date: 7/14/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT NCDENR r !1 d June 29, 2000 JAMES B. HUNT JR. "- t12 µ '3 2000 GOVERNOR -'. NIEMORA S D G?YOU? WATER UPLITY sEr.- TO: Mr. John R. Dorney BILL HOLMAN Environmental Biological Supervisor - SECRETARY Division of Water Quality oooa?9 FROM: Doug Huggett DONNA D. MOFFITT Major Permits Processing Coordinator DIRECTOR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Forsyth Holdings, LLC c/o Paradise Bay Mobilehome Hideaway Project Location: Carteret County, at 1444 Salter Path Rd., in Indian Beach, adjacent to Bogue Sound. Proposed Project: Proposes to maintenance excavate the three canal along with the access channels leading onto Paradise Bay MHP. In addition, applicant proposes to obtain one combined CAMA Major permit for 65 6' X 8' individual docks/platforms for the individual mobile homes. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 21, 2000. If you have any questions regarding the proposed project, please contact Ted Tyndall 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. Y ? - 4 L 5 SIGNED DATE MOREHEAD CITY OFFICE HESTRON PLAZA 11, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557 PHONE: 252-808-2808 FAX: 252-247-3330 AN EQUAL OPPORTUNIT* / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 DIVISION OF. COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Forsyth Holdings, LLC c/o Paradise Bay Mobile Home Hideaway 2. LOCATION OF PROJECT SITE: Carteret County, at 1444 Salter Path Road, in Indian Beach, adjacent Bogue Sound Photo Index - 1995: 38-466 (index M,N,O,P-16,17,18) 1989: 3 159 23 (index H,I,J,K-6,7,8) State Plane Coordinates - X: 2,633,800 Y: 349,200 3. INVESTIGATION TYPE: CAMA/D&F. 4. INVESTIGATIVE PROCEDURE: -Dates.of Site Visit - March 9, 2000 Was Applicant Present - Agent was present ti DO Ud79 5. PROCESSING PROCEDURE: Application Received - May 25, 2000 Office" -- Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Public access (E) Wastewater Treatment: Existing -'N/A Planned - N/A (F) Type of Structures: Existing - 59 exisfmg 6' X 8' docks Planned '= '65 additional 6' X 8' docks (G) Estimated Annual Rate of Erosion: None Source - Site visit 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHFR (A) Vegetated Wetlands e Coastal Wetlands (S. alterniflora) 4,093 ftz (B) Non-Vegetated Wetlands Usurpation of Public Trust and Estuarine Waters.,, . 123,542 frz 3,120 fe (C) Other Spoil Area High round 24,000 ft (D) Total Area Disturbed: 152,035 fe""' 3 ?'?-- (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to maintenance excavate the three canals along with the access channels leading into the Paradise Bay Mobile Home Park. In addition, the applicant proposes to obtain one combined CAMAVii6r peimit for 65 6' X 8' individual docks/platforms for the individual mobile homes instead of them being permitted individually over time. FIELD INVESTIGATION REPORT:. 1., PARADISE BAY MHP/CARTERET COUNTY PAGE #2 --------------------------- 9. NARRATIVE DESCRIPTION: Project Setting The applicants own the 200 plus-unit mobile home park known as Paradise Bay Mobile Home Park located at 1444 Salter Path Road, adjacent Bogue Sound, in Indian Beach, Carteret County. The mobile home park is 'approximately 36 acres in size. - Individuals- own their separate mobile homes and simply. lease the property from the owners of the land. There are three 45' to 60'-wide manmade canals"some 690' in length with the average water depth being approximately -2' MLW. There are'essentially two main historic channels that lead into the canals from Bogue Sound and are obvious in the 1974 and 1983 aerial photographs. It appears that these channels were excavated' prior to CAMA and the Dredge & Fill Law. These channels have shoaled in over the years as can be seen from a review of the aerial photographs through the years. The application indicates that the channels are currently some 60' in width except in those areas that have been shoaled in. Controlling water depths in these channels is over -6' MLW some 400' offshore. The applicant states that aerial photographs indicates an area of SAVs north of the access channels, but none in the area to excavated. There are currently 59 small individual docks/platforms that measure 6' X 8' in size. In addition, there are four 40' piers on each point for use by the non-waterfront home owners. Much of the shoreline along the canals is stabilized with either rock or concrete bulkheading. A fringe of marsh vegetated with alterfi flora has grown in front of the rocks on both sides of the West and East Canal. The marsh` on both sides of these two canals is wider near the mouths averaging 100' in length by 10' in width. There is very little marsh fringe along the Central Canal. Project Description The applicant proposes to maintenance` `excavate via a hydraulic backhoe the three manmade canals. Excavation in the`West Canal would measure 690' X 40' X -3', while in the Central Canal it would measure 670.'..X 40' X -3' and finally in the East Canal it would measure 670' X 50' X -3'. Final project depth in all the canals would be -5' below MLW. The applicant also proposes to re-establish the : access channels by excavating via a hydraulic dredge a total area of approximately ` 880 X `66" X-4' with a final project depth of -6' below MLW. The spoil will be pumped to a high ground location on the site located approximately 150' from the Central Canal. The hydraulic'! dredging would be pumped in stages with approximately 2,500 yds3 pumped at one time. After each stage (there are five areas to be hydraulically dredged), the dredge would relocate to the next area to I* allows for the spoil to de-watered and the sand hauled off site. The applicant, at the Division's.. suggestion, is also proposing to have permitted 65 individual docks/platforms for the. individual waterfront home sites. These docks would measure 6' X 8' each with no associated niopring pilings. This would allow for a more thorough and coordinated review, aand_ 'would provide a more manageable plan and plat that -can be easier monitored than through the -individual exemption/general permit process of the past. Anticipated Impacts Approximately 9,375 yds3 of sandy/silting material would be removed from the canals while approximately 7,000 yds3 of sandy material would be removed from the access channels as a result of the proposed excavation. A total of 86,280 fe of canal bottom would be impacted and another 41,755 fe of shallow water habitat would be impacted by the deepening of the access channels. However, `since these are traditional navigation channels and are only being dredged to -5' and -6' in depth, _resource impacts should be minimal. The dredging would also remove approximately 4,093, fe of...opportunistic marsh along the mouths of the West and East canal. A three-foot fringe of marsh would be maintained along these areas. The construction of the spoil area would temporarily impact approximately 24,000 fe of high ground. The dredging activities would cause some temporary increases in turbidity. The addition of the 65 small docks would usurp approximately 3,120 fly of Public Trust Waters within the canals. Currently general permits are being issued for the individual docks. Obviously, if all the docks are built, 'h6n the concentration of boats in the canals would create a boating congestion in the canals. in fact the SAVs are north of the channels, then there should be no impact to that critical. Habitat. Confirmation from the key resource, agencies should address that issue as well as any shellfish `resource that may be in the area and that may be impacted. r y _ t Form DCM-MP-1 A.PP LI A TI 0 (To be completed by all applicants) City, town, community or landmark Indian Beach, NC Street address or secondary road number _141L4- cni ror Unrlh R.+ad Fax' 252=248=3565 Name of body of water nearest project (e.g. river, creek, sound, bay) Bo.gue Sound Zip 28575 Day Phone 252-247-3565 ara ise B ay Mobilehome Hideway Address P.O. Box 10 e. City Salter Path State NC Forsyth Holdings;LLC d. Name `Is proposed work within city limits or planning c /o P d jurisdiction? X yes No b. Authorized Agent: Name Lawrence R. Zucchino, ASLA 77 Paton/Ziucchino &:Associates',:".P;A. Address 200 North. West. Street City Raleigh NC State zip 27603 Day Phone (919) 834-8`620 Fax (919):.828-7068 c. Project name (if any) Paradise Bay Canal and Channel Maintenance NOTE. Permit %Q be issued in name of kndowner(s), and/or project name. 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. Excavate three canals, and channel to maintain navigational passage. b. Is the proposed activity maintenance of an existing project, new work, or both? maintenance c. Will the project be for public, private or commercial use? nrivntp fnr rno;Ac"+- -1- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please ' attach aoditipnal pages. Hydraulic dredge for open water excavation. Hydraulic backhoe and 2. LOCATION OF PROPOSED trucks or cans maintenance PROJECT excavation. a. County Carteret Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 35.7 Acres b. Size of individual lot(s) Varies c. Approximate elevation of tract above MHW or NWL 7' d. Soil type(s) and texture(s) of tract . . Sand/ShP11 Slrii1 e. Vegetation on tract Scattered Shade Trees f. Man-made features now on tract Roadways and mob 1e homPg- dunks g. What is the CAMA Land Use Plan land classification of the site? (Consult the boat land use plan.) Conservation Transitional - Developed Community Rural Other h. How is the tract zoned by local government? Business i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance. certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No 1. Are there wetlands on the site? x Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? Field Survey (Anach doaanauatton, if available) m. Describe existing wastewater treatment facilities. Existing Septic Systems on Lira n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No new discharges are anticipated o. Describe existing drinking water supply source. Carolina Water 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. - If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white-paper.. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line 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-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 Paul Gutherie Address c/o Food Dock, Salter Path, NC Phone 28575 Name Don Smith Address Box 135, Salter Path, NC 28575 Phone 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. ° A check for $W 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. 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. 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. 2,01--5 ff-d This is the day of - , 19 I. Print Name C. 2 - *eW.-Are- LAC-44, Signature CO Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 x DCM MP-3 X DCM MP-4 _ DCM MP-5 _ DCM MP-6 Excavation and Fill Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP 2 EXCAVATION AND--'.F1LL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average FSnal Eidsting Project Length . width Depth Depth Access. . channel. (MLW) or WWL) Canal EAST CENTRAL WEST Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 880' 60' -2 MLW -6 MLW .670' ',670' 690' 50tAv9 4O'AV9 40'Avg 72.0MLW -2.OMLW -2-oY4 Lid -5 MLW -5 MLW -5 MLW 1. EXCAVATION a. 'Amount of material to be excava_ tqi from below MHW or NWL in cubic yards .16,375 CY b. Type of material to be excavated Sand / Silt c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? X Yes No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 300 f eet south of ..Central Canal too ? ?t. 240' b. Dimensions of disposal area `. c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal 'area be available for future maintenance? X,- Yes; ,. No If yes, where? Form DCM-MP-2 ' e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes x._ No If yes, (1) Amount of material to be placed in the water Non e (2) Dimensions of fill area N A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? ' Yes X No If yes, a. Type of shoreline stabilization (Existing) (1) Dimensions of fill area X Bulkhead X Riprap (Z) Purpose of fill b. Length N/A - c. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Material will be loaded from the dredge to a truck (Source of information) or umnPd 1-n an nn-aito aroAoc spOil containment structure. f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Hydraulic dredge, (1) Riprap Hydraulic backhoe and trucks (2) Bulkhead backfill - c. Will wetlands be crnssed in transporting equipment h. Type of fill material to project site? Yes X No -If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? - xx_ Yes No Applicant or Pro* N (/_?l.t C(?llhc? .l/// Signature lgzoll I Date RPV;CPA MILK Form DCM-MP4 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 (1) Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) Commercial X Community _xPrivate (2) Number ed (3) Length (4) Width (5) Finger Piers X Yes No (i) Number 65 Access Walks (ii) Length Varies (iii) Width (6) Platform(s) X Yes No (i) Number 65 (ii) Length 8' (iii) Width 6' (7) Number of slips proposed 65 (8) Proximity of structure to adjacent riparian property lines No riparian property amines (9) Width of water body 3 canals 45' . 60" ,-7601 (10) Water depth at water-ward end of pier at MLW or NWL -4' MLW Maintenance Depth b. Boath ouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. :Groin (e.g. wood, sheetpile, etc.) (1) Number .(2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (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 x_Community ___X Private (2) Number 130 Pilings (3) Length 8' Above MHW (4) Width 12" Wood Piles g. Other (Give complete description) in canals Applicant or Proj ame (!0 Signature iy(z-o ? g 3 Date Revised 03/95 < 7' u DIVISION OF COASTAL MANAGEMENT FIELD INWESTIGATION REPORT; 1. APPLICANT'S NAME: Forsyth Holdings, LLC c/o Paradise Bay Mobile` Hon jt4o$ GROUP 2. LOCATION OF PROJECT SITE: Carteret County, at 1444 Salter Path Road, in Indian Beach, adjacent Bogue`Sound Photo Index - 1.995: 38-466 (index M,N,O,P-16,17,18) 1989: 3 159 23 (index H,I,J,K-6,7,8) State Plane Coordinates - X: 2,633,800 Y: 349,200 t 3. INVESTIGATION TYPE: CAMA/D&F. 000 X7 ? 4. INVESTIGATIVE PROCEDURE: -Dates of Site-Visit - March 9, 2000 Was"Applicant Present - Agent was present 5. PROCESSING PROCEDURE: Application Received - May 25, 2000 Office`-' 1VLorehead`City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Public access (E) Wastewater Treatment: Existing :71 N/A Planned N/A (F) Type of Structures: Existing =,59 existing 6' X 8' docks Planned 65 additional 6' X 8' docks (G) Estimated Annual Rate of Erosion: None i,. Source - Site visit • 7. HABITAT DESCRIPTION: [AREA] DREDGED FTLT.FT) OTTNRR (A) Vegetated Wetlands Coastal Wetlands (S. alterniflora) 4,093 ft2 (B) Non-Vegetated Wetlands Usurpation of Public Trust and Estuarine Waters. 123,542 frz 3,120 fie (C) Other Spoil Area High ground 24,000 ft2 (D) Total Area Disturbed: 152,035 f ' ' (E) Primary Nursery Area: No (F) Water Classification: SA Open:' No 8. PROJECT SUMMARY: The applicant proposes to maintenance excavate the three canals along with the access channels leading into the Paradise Bay Mobile Home Park. In addition, the applicant proposes to obtain one combined CAMA Mij6 permit for 65 6' X 8' individual docks/platforms for the individual mobile homes instead of them being permitted individually over time. i FIELD INVESTIGATION REPORT:. PARADISE BAY MHP/CARTERETCOUNTY PAGE #2 .9. NARRATIVE DESCRIPTION: Project Setting The ;applicants own the 200 plus-unit mobile home park known as Paradise Bay Mobile Home Pa'rk'located at 1444 Salter Path Road, adjacent Bogue Sound, in Indian Beach, Carteret County. The mobile home park is 'approximately M acres in size. Individuals- own their separate mobile -homes and simplyi lease the property from the owners of the land. There are three 45' to 60'-wide manmade caMna'ls"some'690', in length with the average water depth being approximately -2' MLW. There areessentially "two main historic channels that lead into the canals from Bogue Sound and are obvious in the. 1974 and 1983 aerial photographs. It appears that these" channels were excavated' prior to CAMA and the Dredge & Fill Law. These channels have shoaled in over the years as can be seen from a review of the aerial photographs through the years. The application indicates that the channels are currently some 60' in width except in those areas that have been shoaled in. Controlling water depths in these channels is over -6' MLW some 400' offshore. The applicant states that aerial photographs indicates an area of SAVs north of the access channels, but none in the area to excavated. There are currently 59 small' individual docks/platforms that measure 6' X 8' in size. In addition, there are four 40' piers on,_each pointfor use by the non waterfront home owners. Much of the shoreline along the canals is stabilized with either rock or concrete bulkheading. A fringe of marsh vegetated with Span a, altemiflora has grown in front of the rocks on both sides of the West and East Canal. The.,marsh' on both sides of these two canals is wider near the mouths averaging 100' in length by 10' in 4width. There is very little marsh fringe along the Central Canal. Project Description The applicant proposes to ..maintenance' "excavate via a hydraulic backhoe the three manmade canals. Excavation in the`West Canalwould measure 690' X 40' X -3', while in the Central Canal it would measure, 670.'.:X 40' X -3' and finally in the East Canal it would measure 670' X 50' X -Y. Final;project depth "in all the canals would be -5' below MLW. The applicant also proposes to re-establish the access channels by excavating via a hydraulic dredge a total area of approximately 880' X'6X-4' with a final project depth of -6' below MLW. The spoil will be pumped to a;high--ground location on the site located approximately 150' from the Central Canal. The " hydraulic. ; dredging would be pumped in stages with approximately 2,500 yds3 pumped atone time...After each stage (there are five areas to be hydraulically dredged), the dredge would relocate to the next area to 10 allowtt for the spoil to de-watered and the sand hauled off site. The applicant, at the Division's: ,suggestion, is also proposing to have permitted 65 individual docks/platforms for the-,`individual waterfront home sites. These docks would measure 6' X 8' each with no associated mooring pilings. This would allow for a more thorough and coordinated review and -would provide amore manageable. plan and plat that can be easier monitored than through the individual -exemption/general permit process of the past. { Anticipated Impacts Approximately 9,375 yds3 of sandy/silting material would be removed from the canals while approximately 7,000 yds3 of ysandy. material would be removed from the access channels as a result of the proposed excavation. A"toial of 86,280 ft- of canal bottom would be impacted and another 41,755 fe of shallow water habitat would be impacted by the deepening of the access channels. However, since these are traditional navigation channels and are only being dredged to -5' and -6' in depth, resource impacts should be minimal. The dredging would also remove approximately 4,093 fe of. opportunistic marsh along the mouths of the West and East canal. A three-foot fringe of marsh would be maintained along these areas. The construction of the spoil area would temporarily impact approximately 24,000 fe of high ground. The dredging activities would cause some temporary increases in turbidity. The addition of the 65 small docks =would usurp approximately 3,120 fe of Public Trust Waters within the canals. Currently general permits are being issued for the individual docks. Obviously, if all the docks are built,`alen the concentration of boats in the canals would create a boating congestion in the canals: ` If' in facts the SAVs are north of the channels, then there should be no impact to that critical habitat. ' Confirmation from the key resource, agencies should address that issue as well as any shellfish :resource that may be in the area and that may be impacted. Form DCM=MP-1 APPLICATION,.. '' (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Indian Beach, NC c. • Street address or secondary road number • a. . Landowner:: _1???., ??1 to,- putt, RDaA Forsyth HoldingsLLC d. Name 'Is proposed work within city limits or planning c/o Paradise Bay Mobilehome Hideway jurisdiction? X Yes No Address P.O. Box 10 e. Name of body of water nearest project (e.g, river, S B - City. Salter Path State NC ogue ound creek, sound, bay) Zip 28575 Day Phone 252247-3565 Fax 252-248=.3565 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Lawrence R. Zucchino, ASLA a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Paton/Zucchino & .Associates; `.P;A. excavation and/or filling activities. . Address 20:0 North: West .St•reet Excavate three canals;-and channel Raleigh NC to maintain navigational passage. City State h5 Raci?lon T r? aL?cts 276.03 J919) 834'-8`62.0 Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? -maintenance Fax ,(919)? .828-7068 c. Will the project be for public, private or commercial use? privates for raairlant-cz nnly c. Project name. (if any) Paradise Bay Canal and _ Channel Maintenance d.. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Permit will be issued in name of landowner(s), andlor project. If more space is needed, please attach project name. ao.ditipnal pages. - Hydraulic dredge for open water excavation. Hydraulic backhoe and 2. LOCATION OF PROPOSED trues or canes maintenance PROJECT _ excavation. a. County Carteret Revised 03195 h; Form DCM-MP 1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 35.7 Acres b. Size of individual lot(s) Varies m. Describe existing wastewater treatment facilities. Existing 4 ptir„yvgt-ems on gi to n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No disc e c. Approximate elevation of tract above M1-1W or new harges are anticipa t d NWL 7 t r d. Soil type(s)__and texture(s) of tract Sand/She11 S! ni l e. Vegetation on tract Scattered Shade Trees f. Man-made features now on tract Roadways and mobilA hnMPS, d0 ks g. What is the CAMA Land Use Plan land classification of the site? pnsrdt the local land use plan.) Conservation Transitional - Developed Community Rural Other h. How is the tract zoned by local government? Business i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning. compliance .ccrtificate, fapplicoble) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes V_ No 1. Are there wetlands on the site? x Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? Field Survey (Attach documentation, if available) o. Describe existing drinking water supply source. Carolina Water 5. ADDITIONAL INFORMATION In addition. to the completed :application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. = If the applicant is not claiming to be the owner of said . property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper.. ' (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line 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 ,Q-4-3 A"IMC L , • 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 Paul Gutherie Address c/o Food Dock, Salter Path, NC Phone 28575 Name Don Smith Address F. 0. B ox 135, Salter Path, NC 28575 Phone 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. 4-415 ° A check for $V* 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. 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. 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 0 day of DR-? - , 19 ". Print Name C- R , ?Q /e K aQ?,z uc - Signature C Itaidowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 X DCM MP-3 X DCM MP-4 _ DCM MP-5 _ DCM MP-6 Excavation and Fill Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE: Please sign and date each atrachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP 2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length . Width Depth Depth Access. channel. (MLW) or (NWL) Canal EAST CENTRAL WEST Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 880' 60' -2 MLW -6 MLW .670' ',670' -680' 50 'Avg 401Ao9 40'Avg -2.OMLW -2.OMLW -Z.o1Mt_vJ -5 MLW -5 MLW -5 MLW 1. EXCAVATION a. -Amount of material to be excavate frnm_ below MHW or NWL in cubic yards .16 , 375 CY b. Type of material to be excavated Sand/ Silt c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? X Yes No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 300 feet south of Central Canal 100 ? ?. 2 tLp ? b. Dimensions of disposal area '- AWc. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d: Will a disposal :area be available for future maintenance? X Yes No If yes, where? v,..: a ni,nr Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization (Existing) X Bulkhead X Riprap b. Length N/A c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) _ Riprap (2) Bulkhead backfill h. ``Ty.pe,bf fill material i. Source of fill material If yes, (1) ` Amount of material to be placed in the water None (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X 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? Material will be loaded from the dredge to a _truck or pitmp p-d to an nn-cit-p Arorlga npnil containment structure b. What-type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge, Hydraulic backhoe and trucks c. Will wetlands be cr3ssed in transporting equipment to project site? Yes X No -If yes, explain steps that will be taken to lessen environmental impacts. l ..1 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? _N Yes No Revised 03/95 Applican rMProjc?t Name /f Signature Date a a Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) Commercial X Community _xPrivate (2) Number ed (3) Length „(4) Width (5) Finger Piers X Yes No (i) Number 65 Access Walks (ii) Length Varies (iii) Width (6) Platform(s) x Yes No (i) Number 65 (ii) Length 8' (iii) Width -6•' (7) Number of slips proposed 65 (8) Proximity of structure to adjacent riparian property lines No riparian proprty-1-in es (9) Width of water body 3 canals 45' , 601,.- 60 (10) Water depth at water-ward end of pier at MLW or NWL -4' MLW Maintenance Depth b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) . Width c.'' :Groin (e.g. wood, sheetpile, etc.) (1) Number .(2) Length(s) e. Mooring buoys (1) Commercial -Community ____ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) Commercial z---Community x Private (2) Number 130 Pilings (3) Length 8' Above MHW (4) Width 12" Wood Piles g. Other (Give complete description) in canals c. . ku?de,t- 7;Lr-4." d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average • distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands '. Applicant or Pr-qjl" C. cc G Signature jy(zo jg 3 Date Revised 03/95 REPLY TO ATTENTION OF: Regulatory Division Action ID No. 200000715 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 August 21, 2000 (S)D OKI Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-163 8 Dear Mr. Huggett: r r< <. tom` up Reference the application of Paradise Bay Mobile Home Hideaway Forsyth Holdings, LLC for a Department of the Army permit to perform maintenance excavation of three canals along with the access channels and to construct 65 individual docks/platforms in the Paradise Bay Mobile Home Park in Bogue Sound near Salter Path, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. 2. All excavated materials will be confined landward of the mean high water elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 3. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 4. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. No excavated or fill materials will be placed at any time, including temporarily, in any vegetated wetlands or waters. 6. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7. The applicant will comply with the attached list of United States Coast Guard regulations. 8. The applicant will conduct a survey of the shellfish resources within the area to be dredged. If commercial quantities of these resources as defined by the North Carolina Division of Marine Fisheries (NCDMF) are present, then the applicant must develop and implement a plan to relocated these resources to an area designated by the NCDMF. 9. In order to avoid periods of high biological activity, no dredging shall occur between May 1 and October 1 of any year. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 3 03 03 Mr. M. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557 1"? \ 1 REPLY TO ATTENTION OF: Regulatory Division Action ID No. 200000715 0(509k DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 July 27, 2000 Paradise Bay Mobile Home Hideaway Forsyth Holdings, LLC Post Office Box 10 Salter Path, North Carolina 28575-0010 Dear Sir: WETLR?dpsiiOifP QUALITY SECrIr On August 5, 1996, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received July 6, 2000, for Department of the Army authorization to perform maintenance excavation of three canals along with the access channels and to construct 65 individual docks/platforms on Bogue Sound, in the Paradise Bay Mobile Home Park near Salter Path, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Although we will begin processing of your application, we cannot finalize the permit until adequate plans are provided. Your plans including a geographical location map, a plan (overhead) view and an elevation (side) view must be submitted on no larger than 11 inch by 17-inch white paper. Please furnish these plans by August 4, 2000. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. OWy after receiving such confirmation should you begin work. I Your application, pursuant to Section 10 of the River and Harbors Act, has been assigned Action ID No. 200000715. It will be coordinated by the undersigned, available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service. Center Raleigh, Nortfi?6rolina 27699-1638 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 V Dorney of Water Quality rolina Department of ment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland B. Pardue, Field Supervisor U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. M. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557 Mr. Lawrence R Zucchino, ASLA Paton/Zucchino & Associates, P.A. 200 North West Street Raleigh, North Carolina 27603