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HomeMy WebLinkAbout20021438 Ver 1_COMPLETE FILE_20020904MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Noelle Lutheran WQ Supervisor: Rick Shiner Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Town of Cedar Point County Carteret Project Number 02 1438 County2 Recvd From DCM Region Wilmington Received Date 9/4/02 Recvd By Region Project Type no wake Signs Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet u _; f Type Type Impact Score Index Prim. Supp. Basin Req. Req. LAMA OTH O Y O N F- F 20-36-(0.5 sA ORW 30,503. 33.85F F- I - 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 O N Recommendation: 0 Issue 0 Issue/COnd O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: No 401 Certification is required. NL 09/24/2002 cc: Regional Office Central Office Page Number 1 FqCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 29, 2002 MEMORANDUM:a 0,21438 TO: Mr. John R. Dorney Environmental Biological Supervisor - 4 Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Cedar Point Project Location: Carteret County; adjacent Cedar Point between HWY 58 bridge accessing Emerald Isle and the bridge entering into Swansboro on Bogue Sound Proposed Project: Applicant proposes to install four "No Wake" signs to delineate the House Bill 172 approved No Wake Zone in Bogue Sound bordering Cedar Point. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 19, 2002. If you have any questions regarding the proposed project, please contact Brad Shaver 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 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper r <? I J / DCM % DWQ % Development Type FEE 14300 1601 435100093 1625 6253) (24300 1602 435100095 2341 I. Private, non-commercial development that does not involve $250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: II. Public or commercial development :r that does not involve the filling or $400 100%($400) 0% ($O) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation 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%(S250) 0%($0) 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: 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: t.t v DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Cedar Point 2. LOCATION OF PROJECT SITE: Carteret County, adjacent Cedar Point between Highway 58 bridge accessing Emerald Isle and the bridge entering into Swansboro on Bogue Sound. Photo Index - 1995: 39-472 A-15;B-14;C-14;D-13;E-13;'F-12;G-12;H-11;I-10 2000: 36-457 N15;0-16,17;P18,19;Q-20;R-21 State Plane Coordinates - X: 2,573,000 Y: 341,000 Quad. Swansboro Lower Left GPS# J082218B 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits - August 5, 2002 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - August 28, 2002 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PTA, CS (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic System. Planned - N/A (F) Type of Structures: Existing - N/A Planned - 4 "No Wake" Signs (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 404 Wetlands (B) Non-Vegetated Wetlands EW and PTA of Bogue Sound 33 acres (C) Other High Ground (D) Total Area Disturbed: 1,474,350 ftZ (E) Primary Nursery Area: No (F) Water Classification: SA ORW & SA HQW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to install four "No Wake" signs to delineate the House Bill 172 approved No Wake Zone in Bogue Sound bordering Cedar Point. r FIELD INVESTIGATION REPORT: TOWN OF CEDAR POINT / CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The subject portion of Bogue Sound is defined at the east by the terminus of Jones Street in Cedar Point and to the west by Dudleys Marina located just east of the bridge accessing Swansboro. The entire project is bordered by the Town limits of Cedar Point, Carteret County. Along this stretch of water there are two marinas and several highground basins typically supporting residential subdivisions. The remainder of the area supports private residential docks and at least one Inn providing dockage for its customers. The area south of the subject channel is comprised of spoil islands used for waterway maintenance and the main channel to Bogue Inlet. The Intracoastal Waterway runs through this section of Bogue Sound and has a width of 90'-100' with a project depth of 12'. The North Carolina General Assembly ratified House Bill 172 on March 14, 2001, which defines the no wake zone within the corporate limits of the Town of Cedar Point and the Town's extraterritorial jurisdiction. According to the Bill, the law is effective and enforceable after the no wake zone markers are placed in the water. Project Description The Town of Cedar Point proposes to install four No Wake signs to delineate the approved no-wake zone along Bogue Sound. The no wake zone will be located between day markers 44 and 46A along the Intracoastal Waterway. Two fixed 4X4 salt treated post signs positioned on upland spoil sites are proposed one at the east end of the zone at GPS coordinates N 34.40.340 and W 77.05.043 and on the west at N 34.40.744 and W 77.06.863. There will also be two additional floating buoys along the channel aiding the boating public's awareness of the zone. The east location of the buoy is N 34.40.532 and W 77.04.832 and the west location is N 34.70.780 and W 77.05.801. All waters between the signs and floating buoys are included in the no wake zone. Anticipated Impacts There will be very little environmental impact as a result of the installation of the signage for the no wake zone. Most of the potential impact would be associated with the boating public. The potential upside of the no wake zone would be safer boating conditions along Bogue Sound and less wave action generated to impact the bordering shoreline. Brad E. Shaver - Morehead City Office -August 29, 2002 l :y Form DCM-MP-1 APPLICATION- (To be completed by all applicants) b. City, town, community or landmark C 1. APPLICANT a. Landowner: Name In tor? 0? Cec?wtz ?or.•? Address l a d 1..6 iS t- ?8 5 City Ced Me State V1 C c. * Street address or secondary road number - T 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) 6 rpu r, S o ltirfd Zip Day Phone 3 9 3- 7 R 9 FL Fax b. Authorized Agent: 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name I YUC ? . ?.. to W s -e Asa, a•. S'`'a•o c a- L ti m s d a a Address Fl7?Z 'ReeJ ?riJ-c Sti???? City C m erl-dd 1 s% State A)C Zip .2 S5 9 Y Day Phone 3.5-V - Ss'1 S Fax 3 ?`?- .SD 6 ?? c. Project name (if any) //D dWI(e 2?or?AJ- NOTE. Pernat wilt be issued in name ojlando~r(s), and/or projea name. 2. LOCATION OF PROPOSED PROJECT a. County C ,wn TC?e 7t" List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. _jN TM1 y wl r W?411 d No CJr4xc 9 t'4NS 0A.'a -7-ie (.,2) I3ati v s MIg rN NO cJpK' ac'/4+J b. Is the proposed activity maintenance of an existing project, new work, or both? Nea ?brx c. Will tl?e project be for public, private or commercial use? I J" d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additipnal pages. J'id w r 1*Oat sf ca i 1) tN-drp Al SMI] /ka?eol AS ?J '[a! o tJ'4 zopN Si' iGylG ?"/o?f,.rc ?oLt ?i J?I?`lrK e? 7T0,? !?s?.g?C ? ?os3+.1 Revised 03/95 T Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1J//°+ b. Size of individual lot(s) -11 c. Approximate elevation of tract above MHW or NWL ?I b d. Soil type(s) and texture(s) of tract e. Vegetation on tract L Man-made features now on tract i l g. What is the CAMA Land Use Plan land classification of the site? (Conrutr the local knd use plan.) Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? N/ le i. Is the proposed project consistent with the applicable zoning? ? Yes No (Attach zoning compliance certificate, Y aPPl+Cable) j. Has a professional archaeological assessment been done for the tract? Yes ? 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? Yes No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach docs~nwtion, ii available) m. Describe existing wastewater treatment facilities. 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.) _ T/ A o. Describe existing drinking water supply source. 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 71.0203 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 T 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 Tee. 1440,c?e-A Q. Ss Address Phone Name Address 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 $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 land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. b. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application wUl allow only the development described in the application. 'Ile project will be subject to conditions and restrictions contained i1 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 ? day of_, i•9ILCU9. Print Name e.Vc ?-? Signature r o riled Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill 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 date each attachment in the space provided at the bottom of each form. V Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) i Commercial -Community _ Private (2) Number (3) Length (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width (1) - Commercial -Community ` Private (6) Platform(s) Yes No (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed g. Other (Give complete description) Z l (8) Proximity of structure to adjacent riparian / S41f Zfe,,f e was property lines OuvS (9) Width of water body No GcJi?.r e ?o a? ?:'r.?s (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial Private Sde? ?G?/ (2) Length ? dt (3) Width App t o Pro' t N c. Groin (e.g. wood, sheetpile, etc.) Sig tun (1) Number ?7_1? (2) Length(s) Date d. Breakwater (e.g. (1) Length (2) Average wetlands _ (3) Maximum wetlands _ wood, sheetpile, etc.) distance from MHW, NWL or distance beyond MHW, NWL or i fit:"fas.F'j>Y vat: rki.A: ve few f .. tsF bl{S Ft tz SI ; i M. i 3 E A.R E y? t a s Town of Cedar Point Drawing 1 of 3 Date prepared: 7/24/02 Subject: Buoy Detail Typical Marker Buoy Construction No Wake Zone Buoy will be marked No Wake IGTH Towi Dram Date Subj? J,) f d) ZO Q ' /a t DAL E Y ^v Pg / Oys O T N I- O N I a+`m ? 'W ..40A,. D °T i c°'`° ar is ar o c / PA:•I'?/ OkFIG4M' v =3E u. I Cob e q = /// ?V) \. 7Y/ A GT `Sn,P/?(/ / -Will 111 11 l / -peer 8-27 - ?nnett Poirlt PA i 248 \\ Reri /? 4 .S i \ 5 } '42 2 / PA / cT OVI ID PVIR CAD AUTH CL 100 FT (AT CHANtIELI 2 Rap CI 55 It (OUTSIDE CHANNEL) j Cedar Point chb/e ?? ,! `•? Marsh Q • P 3 FIXED BRIDGE ?` v / ??•', \ HORCL90FT ?Metsh ,`,, /? i' ,1 Su 6 0 / e VERT CL 65 FT PA 4 ?ID 0 Vii; pd, 6 l3 ?. 7 Ramp o 7 6 0 z ? 7 • 0 ?'V ? n ?'o I FIG 2.55sec 4b1'45' °I 00 ILI n r9&r r EAST CHANNEL M I G 4sec 4 M ? 2 1 ' PA r I IC' 0 ? FIXED BRIDGE Cr IIOR CL 30 FT '•c I /Marsh 4 ? I VERT CL 6 FT rt.? (T 2 D 5 j? (??+ y SiMS 9?4 AUl7 1 a+ 2002.. 'Z FI 45e ? FIXED RIDGE A ?c HOR CBL 30 FT 2 E y.. • / VERT CL 12 FT 2 12 f _poil 5 O /• `I 0 SwanE/boro I R e^ eso Area ASTAL MANAGE NT 1 R PAS 7. ?fi i MOREHEAD h 12? 6A' ??e? PA t 7'••. 5 7o II.!1) IlO 64 8 R ?' SP°J A n? .•/ p C`3 ??5 FF?t±o 91 p 7?' S V 8 - - f G ao0? TAN 4.. 3 h 7 ?C 1 03 x6 ?9 ;7A, s` ?9'* I ?? ?_ I U r G1 :b1ud 2 O R '46C'1 1( iP • ' C 8 r f j\\n zN 4 t SWANSOORO ?C.G. ? ccro% ' I cc 47a t IiTi§dins I and c j3 ?e r P• - / 4 Marsh Sua+.° 9 .... - PMr 7 I ?, oo a Rn25s°19.. O ; v` I ICY • I , Qk FI R"48'Ill \ °j6 • 11 lea ?? / \ ; 21 5 /• - PIO' '49A' \ P ti? / 4 ?9? 2 Town of Cedar Point r Drawing 3 of 3 / ?l z Date Prepared: 7/24/02 ,// P r / 7