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HomeMy WebLinkAbout20201679 Ver 1_CAMA Application_20201103NORTH CAROLINA Environmental Qualitr November 3, 2020 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar()ncdenr.gov CAMA Major Permit Application Review James Garrish III Terrapin Island near Quark Hammock/Shingle Creek Boat ramp, Ocracoke Hyde County Proposed Project: Propose to construct a pile supported 12'x16' covered deck with half walls over coastal wetland in the same footprint and a previously fully enclosed structure and 4'x24' pier over coastal wetlands for access from the deck to the edge or water. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepp Bodnar at the address above by November, 23 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME AGENCY SIGNATURE DATE State or r9orinxro na I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 0 November 3, 2020 MEMORANDUM: FROM: SUBJECT Applicant: Project Location: ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(a)ncdenr.gov CAMA Major Permit Application Review James Garrish III Terrapin Island near Quark Hammock/Shingle Creek Boat ramp, Ocracoke Hyde County Proposed Project: Propose to construct a pile supported 12'x16' covered deck with half walls over coastal wetland in the same footprint and a previously fully enclosed structure and 4'x24' pier over coastal wetlands for access from the deck to the edge or water. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November, 23 2020. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached`* 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. 19.11a1111l1111 t1'il� AGENCY SIGNATURE DATE Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James Garrish III 2. LOCATION OF PROJECT SITE: Terrapin Island near Quark Hammock/Shignle Creek Boat ramp, Ocracoke Hyde County Location - 35' 10' 11.4" N 750 49' 37.6" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Viewed site from NC 12, Nov 6, 2019 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received Complete - 28 September 2020 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Hyde County Land Classification From LUP; N/A (B) AEC(s) Involved: PTA,PTS, CW (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned -- None (F) Type of Structures: Existing — None Planned — Pier, semi -covered platform (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER Shaded (288i2) (A) Coastal Wetlands (D) Total Area Disturbed: 288112 (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Open: Yes PROJECT SUMMARY: The applicant proposes construct a pile supported 12' x 16' covered deck with half walls over coastal wetlands in the same footprint and a previously fully enclosed structure and a 4' x 24' pier over coastal wetlands for access from the deck to the edge of water. James Garrish Terrapin Island Deck — Pamlico Sound Hyde County Proiect Settin¢ The project site is located on Terrapin Island in the Pamlico Sound near the northern end of Ocracoke Island approximately 850' northwest of the Quark Hammock boat launch in Shingle Creek. A piling supported habitable structure has been located on the island since the early 1980's with a 12'x16' footprint. The original structure included beds and appliances to allow overnight use. The original structure was lost in a series of storms and in 2015 the structure was rebuilt without CAMA authorization. In 2016 the site was investigated by Coastal Management and the USACE and the rebuild of the structure was deemed repair and allowed to remain. In November of 2016 a pier permit was issued to the owner to Mr. Garrish to provide access from the edge of the island to the structure. The structure and pier, save a few pilings, was completely destroyed during Hurricane Dorian in September of 2019 The Pamlico Sound in the project location is designated is classified as SA, HQW by the Environmental Resources Commission and is designated open to shell fishing by the Marine Fisheries Commission. Proiect Description The applicant is proposing to build a similar structure over the marsh island in the same footprint as the previous structure. The proposed structure will have a dripline dimension of 12' x 16' and be elevated 8' over the marsh substrate. A 4' x 24' pier will provide access from the edge of the marsh to the structure. The significant change made to the design of the structure is that it will consist of half -walls that will extend down from the roofline 7', leaving 7' of exposed open air deck below. Anticipated Impacts The project as proposed will result in the shading of 288ft2 of coastal wetlands on the privately owned marsh island. Temporary impacts would include localized noise and turbidity resulting from the removal of the existing pier and construction of the new pier. Shane Staples — 2 November 2020 =� a4s" ASS, 2020 C' r. Kelly Spivey, Field Office Manager North Carolina Department of Environmental Quality Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Spivey By copy of the attached application and plans, the owners request to reconstruct a new 12 ft x 16 ft elevated wooden deck with roof and Y2 sides, within the footprint of a previously existing enclosed habitable -structure and access pier, on their property located off the North side of NC Highway 12, on Terrapin Island, at Quork Hammock, adjacent to Shingle Creek and the Pamlico Sound, Ocracoke Island, Hyde County, North Carolina. The original enclosed habitable structure was originally built on Terrapin Island in early 1980. The original footprint of the structure measured approximately 16 feet by 12 feet with a small attached porch. The structure was built on pilings and included one room with bunk beds and appliances conducive for overnight use and extended day use to escape inclement weather and relief from the sun and wind during recreational activities. The island was approximately 0.28-acre in size and access was only available via small boat from the nearby mainland shoreline. Through the active Hurricane years, including a series of Major Hurricanes and Northeasters, the original stricture eventually succumbed to the elements and only the original pilings remained. During the Fall of 2015, the owners began to rebuild the previously existing habitable structure on the island in its original alignment and utilized the remaining pilings as part of the support system. The structure was rebuilt in the same design and comprised the same enclosure with windows, doors, roof, and small exterior porch. In March 2016, State and Federal Permit agencies investigated the work, which was undertaken without any permit review process, and determined that the work consisted of repair and replacement and as such was allowed to remain. In addition, on November 8, 2016, the NC Division of Coastal Management issued a pier permit to the owner to provide access to the structure from the waterward end. Unfortunately Hurricane Dorian made a direct hit in the area and damaged both the pier and the enclosed habitable structure. The Owner and his agents have made numerous inquiries to local, state, and federal stakeholders and have determined that the best course of action in this matter is to pursue a new structure that will be more compliant with current laws, rules, and regulations, but will still allow them ample opportunity to enjoy their use and privilege of their property. In this regard, the owners propose to build a new open deck with roof top and 1/2 sides extending downward similar to standard boat house designs. The deck will be elevated a minimum of 6-8 feet high over the surface substrate and there will be no fill placed below or underneath at any time. The structure will be used as its original purpose and intentions were in the past, which is to provide an escape from inclement weather, relief from the sun and wind, and a restful and relaxed break during their anticipated recreational hunting and fishing pursuits in the immediate vicinity of their property. The owners do not plan to permanently store any items or equipment on the site or engage in any non -water dependent usages or activities. Thank You for your time and expeditious review of this project and please do not hesitate to contact me at your convenience should you have any questions or concerns regarding this application and the review and processing of the permit. Sincerely, Gary A. Mitchell J.S. Mitchell 18n Hwy 210 East I��l `(33 Ivanhoe, NC 28447 IX 55 910-279-6587 Dom MP-1 APPLICATION for Major Development Pormft (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Terrapin Island Deck Applicant 1: First Name James MI D. Last Name Garrish III Applicant 2: First Name MI Last Name It additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 42 City Ocracoke State NC ZIP 27960 Country Hyde Phone No. 252-588-0007 ext. FAX No. - Street Address (if different from above) 222 Lighthouse Road City Ocracoke State NC ZIP 27960- Email 2. Agent/Contractor Information Business Name J.S. Mitchell Agent/ Contractor 1: First Name MI Last Name Gary A. Mitchell Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 1693 Hwy 210 East gg Ivanhoe NC ZIP Phone No. 1 Phone No. 2 28447 910 - 279 - 6587 ext. qto - "l - 1728 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Ir �r], pr ri�'l"•.r Email jsmitche11360@gmaii.com <Form continues on back> IICVGI V CV SEP 2 S 2020 252-808-2808 :: 1.888.4RCOA5T :: www.nccoastalmaP rfe eri C. nUt Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Hyde Irvin S. Garrish Hwy NC 12 Subdivision Name city State Zip NA Ocracoke NC 27960- Phone No. Lot No.(s) (if many, attach additional page with list) NA, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pamlico Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade []Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. County of Hyde 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sot tt.) 454 If 10,985 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA I I NWL (normal water levee (If many lot sizes, please attach additional page with a list) 8-12 inches ❑NHW or ®NWL e. Vegetation on tract Juncus roemerianus, Juncus effusus, Spartina cynosuroides, Spartina patens, Spartina altemiflora, Solidago sempervirens, Distichlis spicata and Baccharis halimifolia. I. Man-made features and uses now on tract Damaged pier and pilings. Remnant pilings from previously existing deck and enclosed habitable structure. g. Identify and describe the existing land uses adjacent to the proposed project site. Project site is an island. Adjacent property is owned by US Park Service. There is an existing dirt road with unimproved boat ramp immedaitely adajcent to the island on the Park Service property. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Rural -Conservation (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a &Lmro2 G3NA1 q�1 D National Register listed or eligible property? C Co I— VC SEP P S 2020 <Form continues on next page> DCM-WARO 252-808-2808 :: 1-888-4RCOAST :: www, nccoastalmanagement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (!it) If yes to either (1) or Ili) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will encompass an elevated wooden deck with roof and 1/2 sides extending downward from the roof. The deck will be utilized for recreational purposes, including hunting and fishing and will provide an escape from inclement weather and relief and rest location from the sun and wind. Pier will provide access to deck. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Pilings will be mechanincally driven. Hand tools incluindg power saw, hammer and nails, and framing tools will be used. A portable generator may also be utilized. No tools or equipment will be left or stored on the island. d. List all development activities you propose. Construction of new 12 ft x 16 ft deck with roof and 1/2 sides extending downward from the roof. Repair and replacement of existing 4 ft wide by 24 ft long access pier All work will take place within the original existing footprint of the previously existing structures. e. Are the proposed activities maintenance of an existing project, new work, or both? Repair I. What is the approximate total disturbed land area resulting from the proposed project? 300 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No ONA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None. Pier and wooden deck will be elevated and pile supported. I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑INAA 15 If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No EM VED j. Is there any mitigation proposed? ❑Yes ®No EINA If yes, attach a mitigation proposal. -SEP 2 8 2020 <Form continues on back> DCM-WARO 252-808-2808 :: 1-888-4RCOAST :: www, nccoasta lma nagement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Rena Dell G. Garrish Phone No. 252-588-0007 Address Post Office Box 42 Ocracoke NC 27960 Name Cape Hatteras National Seashore Phone No. 252-473-2111 Address 1401 National Park Drive Manteo NC 27954 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. CAMA General Permit No. 65692 issued 11-8-2016. a h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. 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 kin wledge. Date ,c paL 2.5"- 2-6P_1-3 Print Name Signature �RECEIVED Please indicate application attachments pertaining to your proposed project. SEP 2 8 2020 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information DCM-WARO 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net 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 that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Publie/Government ❑Private/Community ®T is section not applicable b. (i) Will the facility be open to the general public? []Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ❑No (ii)Number If yes: (iii) Length (ii) Number _ (iv) Width (iii) Length (v) Floating ❑Yes []No (iv) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes ❑No f. (i) Are Boatlifts included? [_-]Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. _ ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k. Typical boat length: _ m. (i) Will the facility have tie pilings? ❑Yes ❑No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECEIVED SEP 2 8 2020 DCM-WARO I. (i) Will the facility be open to the general public? ❑Yes []No 262-uuts-2806 :: 1-8dtl-41FECOAST :: www.nccoastaim_anag.ement.net revised: 12/27/06 orm DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®Th's section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? SFP 2 8 2020 m. Is the marina/docking facility proposed within a primary or secondary nursery area? D C M ®N Y ARO ❑Yes ❑No 252-808.2808:: 1.888-4RCOAST:: www.nccoastaimanagement.net iovl: aed: i" >/ M, Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED SEP 2 S 2020 DCM-WARO 252.808.2808 :: 1-888-4RCOAST :: _www,nccoastal_man_agement.net revised: 12/27/06 Forth DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. > 200 If NA Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body > 12001f e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 2 feet & OTHER ❑This section not applicable a. Give complete description: Project site is on an island. Proposed work is to construct a new'Xbft x 16 ft deck witih roof and 1/2 sides extending downward from the roof line and repair a 4 ft x 24 ft long pier. All work will take place within the alignments of the previously existing structures and footprints. The deck will be elevated a minimum of efeet above the marsh substrate. 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