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HomeMy WebLinkAbout20100548 Ver 1_CAMA Application_20100713NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary ? ?? ? D MEMORANDUM: July 12, 2010 JUL 13 2016 TO: Cyndi Karoly, Supervisor DENR-W4MoAp 401 Oversight & Express Permits Unit WMMM0SMWffiTRrACH Division of Water Quality-Surface Water Protection FROM: Jason Dail, NCDENR/DCMNVIRO Express Major Permits Coord. 127 Cardinal Drive Ext., Wilmington, NC 28405 (Courier 04-16-33) SUBJECT: CAMA Major Permit Application Review Applicant: Martinez, William Project Location: Lot 19, along Settlement Lane, adj. to Harlowe Creek, Carteret Co. Proposed Project: Applicant proposes to construct a private pier and docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 7, 2010. If you have any questions regarding the proposed project contact Jason Dail (910)796-7302, 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 400 Commerce Ave., Morehead City, NC 28557--3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer North Carolina NahlrallY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: William Martinez 2. LOCATION OF PROJECT SITE: The project site is located at Lot 19, along Settlement Lane, adjacent to Idarlowe Creek, in Newport, Carteret County. Photo Index - 2006: M-6586 2000: M-4944 (closest to project but just off page) State Plane Coordinates - X: No position Y: no position Rover File - R-121011B (neighbor) Latitude: 34147'43.47" Longitude: 76143'29.09" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit- 6/09/2010 Was Applicant Present - Yes (agent) 5. PROCESSING PROCEDURE: Application Received Complete: 6/21/2010 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification from LUP - Rural/Conservation (B) AEC(s) Involved: CW, ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - None Planned - On-site septic system (F) Type of Structures: Existing - None Planned - pier and docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Open Water 2,788 sq. ft. (incorporated) (B) Wetlands - "404" and Coastal 2,250 sq. ft. (coastal shaded) (B) High Ground (D) Total Area Disturbed: 3,538 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a private pier and docking facility. William Martinez Page Two 9. PROJECT DESCRIPTION Turner Marine Construction on behalf of Mr. William Martinez, has requested that the attached application be processed under the Express Permit Review Program. The subject property is located at Lot 19, on Settlement Lane, adjacent to Harlowe Creek, in Newport, Carteret County. To access the project site from the Morehead City regional office, take NC Hwy 70 east from Morehead City and turn left on NC HWY 101 (New Bern Road). Travel approximately 10.0 miles and turn left onto SRI 155 (Old Winberry Road). Proceed along Winberry Road for approximately 1.5 miles and turn left into Chadwick Shores Plantation. Continue along Chadwick Shores Road and take the first right onto Settlement Lane. The project site will be located on the left hand side of the road, just beyond the round-about. The project site is listed as Lot 419 in the subdivision. Elevations on the tract range from approximately 14' above NHW on the west side of the property and slope to meet an area of coastal wetlands on east side of the property where it borders Harlowe Creek. The property is approximately 8.0 acres in size with approximately 547 linear feet of water frontage. Undeveloped residential properties border the site to the north and south and Harlowe Creek borders the property to the east. It should be noted that a similar pier project was permitted immediately north of the subject site on March 12, 2010. The permit (CAMA Permit No. 25-10) authorized the construction of a fixed pier and platform into the waters of Harlowe Creek. The high ground portion of the tract has been cleared of vegetation with the exception of a few Long-leaf Pine (Pinus palustris) and Live Oak (Quercus virginiana) trees. Scrub vegetation, located within the transitional zone, gives way to a vast span of Coastal Wetlands which primarily includes: Black Needle- rush (Juncus roemerianus) and Smooth Marsh Cordgrass (Spartina Alternifloraft Coastal Wetlands vegetation, in the vicinity of the property, averages approximately 730' in length by 400' in width. It should be noted that the applicant has not provided a copy of the "404" wetlands delineation map for the subject property; however, a copy of the wetlands delineation map from the Chadwick Shores Plantation sedimentation and erosion control plan has been enclosed for review. Based on the information provided, it does not appear that the proposed project will impact any federal wetlands. The waters of Harlowe Creek, adjacent to the proposed project area, are classified "SA" by the Division of Water Quality. This section of Harlowe Creek is designated as a Primary Nursery Area by the Division of Marine Fisheries, and according to maps provided by Shellfish Sanitation, the area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is requesting approval to construct a private pier and docking facility into the waters of Harlowe Creek. As proposed, the applicant would begin the pier construction along the high ground portion of the tract, approximately 250' landward of the normal high water line. The pier (3' x 1,000') would extend toward the east another 750' and cross a +/- 700' section of pristine coastal marsh, before terminating in an 8' x 16', "T-head" shaped platform. A 13' x 13' boatlift would be constructed along the northern side of the platform and an open water slip (13' x 13') would be constructed on the southern side of the platform. The docking facility would provide dockage for up to two (2) vessels. As proposed, the docking facility would be located within the applicant's riparian corridor and outside of the main channel of Harlowe Creek. Based on the applicant's site drawings, the width of the water body (in the vicinity of the proposed docking facility) William Martinez Page Three measures approximately 139' from the outer edges of marsh grass along both banks, allowing the applicant to span a distance of approximately 34'-35' offshore of the adjoining bank. The applicant's proposal limits the facilities development to a distance of 33' offshore, as measured from the near shore edge of marsh. Additionally, the proposal appears to limit construction well short of the near shore channel edge of Harlowe Creek. Water depths in the vicinity of the proposed docking facility range from -3.5' (along the landward side of boatlift and platform) w -6.0' (along the outer edge of the facility), below the elevation of normal low water (NLW). The proposed development appears to limit all wetland impacts (both "404" and coastal) to those associated with piling installation. No additional wetland impacts are anticipated. 10. ANTICIPATED IMPACTS: The proposed development activities would result in the incorporation of approximately 2,788 sq. ft. of public trust and estuarine waters and would shade approximately 2,250 sq. ft. of both "404" and coastal wetlands. The proposed docking structure should not extend beyond 1/4 of the width of the waterbody, nor should it extend beyond the near shore channel edge. Minor increases in turbidity should be expected during construction; however, no long term impacts are anticipated. Submitted by: Jason Dail Date: June 21, 2010 Office: Wilmington Turner Marine Construction PO Box 1885 Morehead City, NC 28557 To Whom it may concern: We are proposing work on Lot 19 in the Chadwick Shores Plantation subdivision. The proposed project will consist of the construction of a 3'x 1,000' docking facility walkway with two platforms. One platform will be 6'x 12' for a total of 72 square feet. The other platform will be 8'x 16' for a total of 128 square feet. We are also proposing (1) boatlift and (1) boat slip. Please see the enclosed drawings for more detail. We appreciate your time and consideration on this project. Thank You, Andre Webb Turner Marine Construction C I rN YIN ' 1010 ^nq? A'L IM ? AOF GEMEW NCDENR North (.amlina Department of Environment and Natural Resources ?M Division of Coastal Management Beverly Eaves Perrue, "]cvernor Jaynes H. Gregson, Director Gee Freeman, Secretary Date Vl -10 Applicant Name ?JILQ/lm A1Ai ,%itj6 Z Mailing Address _ /01 rA1fZCh.1 L> CA(;` fvC, 2?1? I certify that I have authorized (agent) _ f uPV64 act on my behalf, for the purpose of applying, for anc obtaining all LAMA Permits necessary to install or construct (activity) r n 00 );elw t)ITH t x /Z at (location) Ley 1 CMPpeJ CK 5Atye(--S 7'&0N1 Z)/0 This certification is valid thru (date) Signature 3-21--// D ECEjV.F J J' 18 2010 ; DIVtSION OFJ ?STAI MANAGEMEN 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper ON MP-1 APPLICKION for MaJor Development Permit (last revised 12127/06) North Carolina DIVISION OF-COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name y??LCl,?tZ'1 ?icc MI Last Name Z_ Applicant 2: First Name MI Last Name if additional applicants, please attach an additional page(s) with names listed. Mailing Address lb / A1,4' rat 1;) G PC Box City State NC- ZIP ,?-7.51g Country Phone No. (/ . ZO " !? V S ext. FAX No. Street Address (if different from above) City State ZIP I Email 2. Agenf/Contractor Information Business Name _ Agent/ Contractor 1: First Name MI Last Name i k1 ? - Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box City State e ZIP Phone No. 11 LS Z - ( ? VS75?ext. Phone No. 2 ,Lod ext. FAX No. Contractor # Street Address (if different from above) City State ZIP r Email L C.J?S rG?C:T1J^ p:'l7 J LL lo A-2 i 3 ? s -- <Form continues on back> C)IVISIVN OF (;oAsTAL,, MANAGEMENT Form DGUi :vIP-1 (Page 2 or a) APPLICA'iCN For Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # r Subdivision Name City State Zip r (.f?A?tG/< !,nQl,?.'!,??? i?/f ?N I7/ /? G t 1???-;ti""r /C ` Zb'G? Phone No. Lot No. s) (if many, attach additional page with list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. A Natural ?tv1anmade ?Unknown s? p ?n/t i - i. r J4 e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ?Yes ?No work falls within.. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with, a list) XNHW or ?NWL e. Vegetation on tract f 40'?S t?f ? f. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. jXe5i`P-041- 1- ovcm b h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? mar/ 5l t?-NIlAL LC (Attach zoning compliance certificate, if applicable) P Xes ?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? 1. Is the proposed project located in a National Registered Historic District or does it involve a Pe o ?r ( National Register listed or eligible property? <Form continues on next page> JJJ - - __ ' - DU ? JUN 18 Zmo DIVISION OF !?':OASTAL MANAGEMENT --crm DCM MP-? (rage 3 of -I) AwPLICA'ICN fcr Major Development Permit m. (i) Are there wetlands on the site? es C]-No (ii) Are there coastal wetlands on the site? Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? es ?No ' 4 (Attach documentation, if available) lA n. Describe existing wastewater treatment facilities. piotiE o. Describe existing drinking water supply source. W ?LL p. Describe existing storm water management or treatment systems. 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. /G?Sl1?', 11?L gb,4 iNG Mb. F4,'OV6 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. v(L!?/IV(? '-le v'47?' FNS y)'CS&P;6 ;N 7lt,,"& ( /) /'&z6c 5'-012 t' d. List all development activities you propose. X ?00o e. Are the proposed activities maintenance of an existing project, new work, or both? NFI?K f. What is the approximate total disturbed land area resulting from the proposed project? VII-q.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes o ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. 11-I i. Will, wastewater or stormwater be discharged into a wetland? ?Yes o ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No -C?NA j. Is there any mitigation proposed? If yes, attach a mitigation proposal. i fill <Form continues on back>A V JUN 18 2010 DIVISION OF COASTAL MANAGE-PyW.._ - Form DCM ,VIP-1 (Page 4 of 4) APPLiCA T',CN `or Majcr 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 to be complete, Items (a) - (f) are always applicable to any major development application. Please consult the application f'ysr instruction booklet on how to properly 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 6,oxv lvw, (tc' /9) Phone No. Address Lxf=r-,(e /9 -T- 6i0gF !tir 7771S Name Phone No. Address 15Z)T- rG-yQ6C- -pZ 56yt' el ' f A?? Z// Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. fJeN h. Signed consultant or agent authorization form, if applicable, i. Wetland 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. 7. 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 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 knowledge. Date S b °%La Print Name Signature Please indicate application attachments pertaining to your proposed project. q { icy ?DCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges V('y vJ ?DCM MP-3 Upland Development ij ,X11 CM MP-4 Structures Information ??? ?U10 DIVISION OF 00ASTAL MANAGEMENT Farm 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 This section nct applicable a. (i) Is the docking facility/marina: b. (i) Will th facility be open to the general public? rivate/Community []Yes No []Commercial []Public/Government P X c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length %p Cty; (iv) Width (v) Floating []Yes KNo d. (i) Are Finger Piers included? []Yes XNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes []No e. (i) Are Platforms included?XYes ?No If yes: (ii) Number 2 (iii) Length r Z , r (iv) Width b r c? (v) Floating []Yes JKNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing i. Check the proposed type of siting: ? Land cut and access channel []Open water; dredging for basin and/or channel XOpen water; no dredging required []Other; please describe: k• Typical boat length: ?/ / m. (i) Will the facility have tie pilings? Xf Yes ?No yes number of tie pilings? f. (i) Are Boatlifts included? XYes ?No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies XDockage ("wet slips") only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ? Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 1. (i) Will the fac? tt G be open to the general public? []Yes I 0 I JT 1?j 1?v JI.!4 13, 2010 2 ?.c•?.... 2:Q i ., "i••3 s' '? 3-: -r C ? era ?' r ir" 3'12: r 1 5'1 DIVISION Gr.=-rim.: r;()APZTAL MANAGEMEN' 2. DOCKING PACILITYMARINA OPERATIONS ? 7-his sec'ion 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 ? Bcatholding tank pumpout; Give type and location: Ni4 ' y.., 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. (i) Give the location and number of "No Sewage Discharge" signs proposed. X (ii) Give the location and number of "Pumpout Available" signs proposed. 1_'Ile I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. .1 g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. A 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? 1. If this project is an expansion of an existing marina, what types of services are currently provided? a m 18 2010 .fir,-:t? ..0-::^. 'Z -3 018 `Z-.s;..4..r.,0 +..?.! t ?Rr. .t ry 7 rzl r" r]'i 2;r P_;'.. si r'.i v -. a .'u; 12 ? 2 .7' S I ; O A STA L M AN AG E M E ?? i m. Is the ma,irraaidcckirg facility proposed within a primary or seccnCary nurser/ area? ?Yes ®IVo n. Is the manna/dccking facility proposed within or adjacent to any shellfish hariesting area? ?Yes ?Ne o. Is the mariraidecking facility prcpesed within or adjacent to coastal Wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bettem (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/decking 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) a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. phis section not applicable 4. GROIN (e.g. wood sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not app(icabie a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.)_ This section not applicable 11 Ni 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): b. Number ?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 d. Description of buoy (color, inscription, size, anchor, etc.) iU1N 18 2010 'DIVISION OF ,JA ,TA.1_ MANAGEMENT .:?: -? 12 "', 05 7, GENERAL a. Proximity of structure(s) to adjacent riparian property lines /'S? l Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body e. (i) Will navigational aids be required as a result of the project? ?Yes o ?NA (ii) If yes, e XP'n what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. , X/0 j d. Water depth at watenaard end of structure at NL`fl or NWL :'l 6' 8. OTHER XThis section not applicable a. Give complete description: <'-- K -/d Applicant Signature Y' J -", ( j J?.jIV f 200 l DIVISION OF 'JOASTAL MANAGEMENT _A ,,. y. ? y 0 .a a rr ; A;-). J . .12v :. ?-vS,•-,? r .:x,,.. 1 LEGEND O E.I.P.-EXISTING IRON PIPE O N.I. P. -NEW IRON PIPE + NON MONUMENTED POINT C/L-CENTERLINE EOP-EDGE OF PAVEMENT M.B.L.-MINIMUM BUILDING L R/W-RIGHT OF WAY ?ING G N3 HARLOWE CREEK N MOORING PILING cn 4 ? 4 In z O va ro q Q? O vj V v CV w O O V L4 K4 co Mw "V O ?7 E.1. P. R/`gItXy -; _0? / 3.0" 1 CpR/Do'? )K 11.9" 3.0' ) / S 09'28 "33;'W / / 199. 15' X 4.5' 6 31E 12.0')K 4. J WATER DEPTHS WERE l? EDGE OF MARSH MEASURED AT NORMAL 12" DEEP IN LOW WATER \\ d 3.0"31E CENTER CK. MAIN J'0 *( 3' AT EDGE MARSH mow, X 6.0" 31E 12.0' 3' AT EDGE MARSH 6' DEEP AT .E OF MARSH END PIER EDGE OF MARSH I 31E 4.5" )K 4.4" + 31E 3.0' 12.0' 3.0"J X _ ?KI 11 lG RIPARIAN CORRIDOR ??"J ? 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