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HomeMy WebLinkAbout20100558 Ver 1_CAMA Application_20100714t ? c Beverly Eaves Perdue Governor July 13, 2010 MEMORANDUM: TO: Cyndi Karoly Division of Water Quality FROM: Doug Huggett 1§3@190W[A Major Permits Processing Coordinator JUL 1 2010 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DElrR - WATER QUALITY WETLANDS AND STORUNATER BRANCH Applicant: Riverwinds Condominiums, LLV c/o Gwinn Hedrick Location: The project site is located adjacent to Smith Creek at 236 Blackwell Point Loop Road (SR 1317) in Oriental, Pamlico County. Proposed Project: The applicant is proposing modify a multi-slip docking facility, after coastal Wetlands, relocate the kayak rack, construct a new boardwalk and complete the construction of the condominium units. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/03/2010. If you have any questions regarding the proposed project, please contact Brad Connell at (252) 808-2808. When appropriate, in-depth comments with supporting data are 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 285574421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastalmanagement.net An Equal Qoportunity t Affirmative Action Employer 011e No th Crol i n a AlatialaIlly Major Permit Fee Schedule . Circle One Development Type Fee DCM % bWQ % 1. Private, non-commercial $250 100%($250) 0%($0) development that does not involve the filling or excavation of any wetlands or open water areas 11. Public or commercial $400 100%($400) 0%($0) development that does not involve the filling or excavation of any wetlands or o en water areas 111. 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), Private, non- $250 100%($250) ' 0%($0) commercial development, if General Water Quality Certification No. 3490 (See attached can be applied III(b). Public or $400 100%($400) 0%($0) commercial development, if General Water Quality Certification No. 3490 (See attached can be applied 111(c). If General Water $400 60%($240) 40%($160) Quality Certification No. 3490 (See attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life III(d). If General Water $400 60%($240) 40%( 160) Quality Certification No. 3490 (See attached) cannot be applied IV. Development that $475: 60%($285) 40%($190) involves the filling and/or excavation of more than one acre of wetlands and/or open water areas Check # Z •? Amount $ cc I c `f 7 Project Name-\ V as lvv& 1 4A Lt? DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Riverwind Condominiums, LLC 2. LOCATION OF PROJECT SITE: The project is located adjacent to Smith Creek at 236 Blackwell Point Loop Road (SR 1317) in Oriental, Pamlico County. Photo Index - 2006: 79-8246, grids R-8, R-9; 2000: 79-877, grids F-18, G-17. State Plane Coordinates - X: 2684118.660 Y: 511754.074 Rover #: M041613B Longitude: 35 08 04.099 Latitude: -76 42 41.646 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 4/16/09, 10/1/09, 1/3/10 Was Applicant Present -Yes Photos Taken - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 6/28/10 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification from LUP - Rural with Services/Conservation (B) AEC(s) Involved: EW, PTA, CW, ES (C) Water Dependent: Yes/No (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - Bay River Sewer Planned - None (F) Type of Development: Existing - 13-slip marina, bulkhead, kayak rack, and condominium units (existing and under construction) Planned - 10-slip docking facility reconfiguration, completion of condominiums, relocation of the kayak rack, boardwalk, and alteration of Coastal Wetlands (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: 11 (A) Coastal Wetlands 11 11 11 225 ft2 mowed 11 I (B) High Ground 11 11 10,800 ft2 11 I (C) Open Water 538 ft` shaded 25,200 ft2 incorp kF-) 10Ldl tifUd 1JISLUIDCU: ",LGJ rL (F) Primary Nursery Area: No (Secondary) (G) Water Classification: SC; NSW Open: No a 8. Project Summary: The applicant wishes to modify a multi-slip docking facility, alter Coastal Wetlands, relocate the kayak rack, construct a new boardwalk, and complete the construction of the condominium units. I Field Investigation Report: Riverwind Condominiums Page 2 9. Narrative Description: The property is located at 236 Blackwell Point Loop Road (SR 1317) in Oriental, Pamlico County. The parcel is a 0.62-acre tract adjacent to Smith Creek. This site is developed with condominium units (existing and under construction), 13-slip marina, bulkhead, and a kayak rack. The adjacent properties are residential to the north and commercial docking facilities to the south. The average elevation of the high ground of the parcel is +3' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of lawn grasses, with a fringe of Coastal Wetlands along the shoreline. This tract has approximately 225' of continuous shoreline along Smith Creek. Immediate offshore water depths adjacent to the tract range from about -1' to -5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 690 feet across at this location. This tributary is a part of the Neuse River basin. These waters of Smith Creek are classified as a Secondary Nursery Area and there is no submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SC; Nutrient Sensitive Waters. There is a defined channel in the nearby vicinity of the project area. 10. Proposed Development: The applicant wishes to modify the existing docking facility, alter the Coastal Wetlands, construct a boardwalk, relocate the kayak rack, and complete the construction of the condominium units. The current docking facility has 12 wet slips and 1 mooring buoy, for a total of 13 formalized boat slips. (The DCM can find no record of authorization for Slips ##11 & ##12, nor the freestanding mooring. Since the applicant is proposing to remove these three slips, no formal enforcement action against the applicant is being pursued by the DCM at this time.) The applicant is proposing to construct a 20' by 20' covered platform on the inside corner of the fixed "T" platform. The existing 6' wide "T" platform will be extended on either side. The south end will be extended 17' and the north end of the "T" will be extended an additional 6'. This expansion will be done in order to enlarge the size of the ten boat slips. The existing outer tie pilings for slips 1-9 will be relocated another 5' waterward and the existing finger piers will be shifted south in order to accommodate wider vessels. These slips can support vessels up to 45' long. These ten boat slips will be in a water depth of approximately -5.5' nwl. This docking facility will extend 135' waterward of the coastal marsh. The upland development will mostly consist of the completion of the construction of five condominium units and their respective driveways. This. work will fill approximately 13,600 square feet of high ground. The existing kayak rack is to be relocated landward to a distance of 51' landward of the nwl and 36' from the landward edge of the Coastal Wetlands. It will be 4' wide and 20' long. The proposed boardwalk is to be constructed on the landward edge of the existing bulkhead. This boardwalk will be 6' wide and 200' long. It will be on high ground. At the south end of the existing bulkhead, the applicant wishes to continue to alter an area of the Brad Connell July 12, 2010 Morehead City Field Investigation Report: Riverwind Condominiums Page 3 Coastal Wetlands. This is to be accomplished by maintaining the height of the vegetation to no shorter than 6" as measured from the substrate. This area of Coastal Wetland alteration will be approximately 15' wide and 15' long. The applicant has historically performed this maintenance of the Coastal Wetland vegetation in this area. The purpose of this continuing vegetation alteration is to maintain an access path to the water. 11. Anticipated Impacts: The docking facility will usurp 22,200 square feet of public trust waters. The docking facility will have 1,590 square feet of platform area along 225' of shoreline. This dock will extend 135' waterward into a 690' wide tributary. It will be more than 80' from the edge of the navigable channel. The waters of Smith Creek are classified as SC, Nutrient Sensitive Waters and are designated as a Secondary Nursery Area. Immediate off shore water depths in the area range from -1' to -5' nwl. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. The condominiums will impact 10,800 square feet of high ground. There will be 28% of built- upon impervious surface area of the tract within the Estuarine Shoreline Area of Environmental Concern (AEC). The boardwalk will impact 1,200 square feet of Zone 1 of the Neuse River riparian buffer. The kayak rack will impact 80 square feet of Zone 2 of the Neuse River riparian buffer. .4 Brad Connell July 12, 2010 Morehead City ILFWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary MEMORANDUM DATE: July 6, 2010 TO: Doug Huggett THRU: Ted Tyndall 1iY1 to FROM: Brad Connell` SUBJECT: Comments and Recommendations - CAMA Major Permit - Gwinn Hedrick, Pamlico County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the additional shading of 538 ft2 of Estuarine Waters and usurps 25,200 ft2 of Public Trust Area. The waters of Smith Creek are closed to shellfish harvest. This waterbody is a Secondary Nursery Area. This proposal should not pose a hazard to navigation. The docking facility will not exceed the '/ width of the waterbody. This proposal involves the filling of 10,800 ft2 of high ground. This proposal involves the continuing vegetation maintenance/alteration of 225 square feet of Coastal Wetlands. Assuming that state and federal agencies concur with the proposal and that the NCDWQ determines this project to be consistent with the Neuse River Riparian Buffer Rules, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) That Slip #11 and Slip #12 and the existing mooring (a.k.a. Slip #13) off shore (ref. "Existing Conditions" received by the DCM on July 1, 2010) be removed prior to initiating the construction activities proposed in this application; 2) This permit authorizes a maximum of ten boat slips. At no time shall more than ten vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft; 3) Coastal Wetlands may be cut to a height of no less than six inches, as measured from the Coastal Wetland substrate. Alteration of the substrate is not allowed. All cuttings/clippings shall remain in place as they fall; 4) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters; 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Riverwind Condominiums July 6, 2010 Page 2 5) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.); 6) A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes; 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure; 8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification; 9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent Oriental Professional Properties, LLC's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge; 10) The authorized covered platforms (gazebos) shall be single story, and shall not be designed to allow for second story use; 11) The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization; 12) 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; 13) The authorized structure and associated activity must not cause an unacceptable interference with navigation; 14) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party; Riverwind Condominiums July 6,'2010 Page 3 15) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e); 16) Any development or land disturbing activity that is considered non-water dependent is not authorized within 50 feet of the normal water level or landward edge of Coastal Wetlands unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. CC: Ted Tyndall, DCM 2 0 1 0 0 5 5 8 RM IN-t APPLICATION for Major Development Permit _ (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Riverwinds Condominiums Applicant 1: First Name Gwinn MI Last Name Hedrick Applicant 2: First Name N/A MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 401 Vandemere St. PO Box TOriental State NC ZIP 28571 Country USA Phone No. 252 - 249 -3010 ext. FAX No. Street Address (if different from above) City State ZIP Email A 2. AgentContractor Information /V L9 (9 Business Name 4WU Gaskins Land Surveying, P.A. JUC j e 2 Agent/ Contractor 1: First Name Kendall MI Last Name Gaskins OENR WAQU "?SANDSI?? Agent/ Contractor 2: First Name MI Last Name N/A Mailing Address PO Box City State 354 Vanceboro NC ZIP Phone No. 1 Phone No. 2 28586 252 - 244 - 0599 ext. FAX No. Contractor # 252- 244 5899 Street Address (if different from above) City State ZIP 862 Main St Vanceboro NC 28586- Email pis3824@embargmail.com <Form continues on back> v ,i -f F '--4-,R C„ ? . www.nccoastaImana9ement.net 3. , Project Location County (can be multiple) Street Address State Rd. # Pamlico 236 A-G Blackwell Point Loop Rd off SR-1317 Subdivision Name City State Zip Riverwind Condominiums Pamlico NC 28571- Phone No. Lot No.(s) (if many, attach additional page with list) i N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project , Neuse Smith Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.,, ONatural ?Manmade ?Unknown Neuse River 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. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 225 feet (approx) 27,159 sq ft (0.62 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, , , NWL (normal water level) (If many lot sizes, please attach additional page with a list) 2-3 feet ?NHW or ?X NWL e. Vegetation on tract Grass mowed to waters edge, Coastal Wetlands f. Man-made features and uses now on tract Dock, Seawall, Condominiums g. Identify and describe the existing land uses adjacent to the proposed project site. A 10-slip marina exists to the south, a residential home exists to the north, Blackwell Point Loop Rd is located to the east, and open water (Smith Creek) is located to the west of the property. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Unrestricted (Attach zoning compliance certificate, if applicable) ?Yes ?No ?X N/A j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ?X No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes NNo ?N/A If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ONo ?N/A National Register listed or eligible property? <Form continues on next page> www.nccoastaimanagement.net m. (i) Are there wetlands on the site? ?X Yes X?No (ii) Are there coastal wetlands on the site? ?X Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? MYes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Bay River Sewer o. Describe existing drinking water supply source. Pamlico Water Department p. Describe existing storm water management or treatment systems. No stormwater management or treatment systems currently exist on the property. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ?X Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed dock expansion will provide necessary infrastrucure for the condominiums. The proposed 10-slip community dock will provide residents with access to the subdivision from Smith Creek. 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. A floating barge will be used to facilitate construction of the community pier. d. List all development activities you propose. 1.Expansion of an existing 10-slip community dock 2. Construction of 5 unit condominiums e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 8,685.54 MSq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ONo ?N/A that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ?Yes MNo ?N/A If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No MN/A j. Is there any mitigation proposed? ?Yes ?X No ?N/A If yes, attach a mitigation proposal. <Form continues on next page> 3 www.nccoastaImana9ement.net 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) - (1) are always applicable to any major development application. Please consult the application 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 td 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 Robert J. Parker, Jr Phone No. 252-249-0888 Address 188 Blackwell Point Loop Rd Oriental, NC 28571 Name Chris Machle Phone No. 252-229-7035 Address P.O. Box 743 Oriental, NC 28571 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. CAMA Minor permit #04-0003 issued 3-17-04(expired) DWQ Project #04-0780 Neuse River Riparian Buffer Protection Rules Minor Variance issued 11-4-04 (expires Jan 2011) CAMA General permit #37697-C issued 4-27-04 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 _&-(7-/0 Print Name Kendall E. Gaskins _10e Signature Please indicate application attachments pertaining to your proposed project. XDCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development ?X DCM MP-4 Structures Information AST www.nccoastaimanagement.net Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a.Type and number of buildings, facilities, units or structures proposed Riverwind Condominiums is an existing community with two units completed and another five units under construction. This community is designed for assisted living and will include the construction of an expanded private docking c.Density (give the number of residential units and the units per acre). 7 units on 0.62 acre parcel (11.29 units per acre) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ?Yes ?No ON/A (ii) If yes, list the date submitted: g.Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 28.40% i.Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 44.87% j.Describe proposed method of sewage disposal. Connected to Bay River Sewer system [.Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff will discharge into Smith Creek through the lawn and over the seawall. No concentrated flow into Smith Creek will occur. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Connected to Pamlico Water Department o. When was the lot(s) platted and recorded? 3/23/2009 b.Number of lots or parcels. 1 parcel (#J082-036) d.Size of area to be graded, filled, or disturbed including roads, ditches, etc. 6,837.54 SF f.List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete for driveways h.Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ?Yes ?No ?X N/A (ii) If yes, list the date submitted: k.Have the facilities described in Item (i) received state or local approval? MYes ?No ?N/A If yes, attach appropriate documentation. m.Does the proposed project include an innovative stormwater design? ?Yes XNo ?N/A If yes, attach appropriate documentation. n. (i) Will water be impounded? ?Yes NNo ?N/A (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ?Yes No ?X NA ? a :: www.nccoastalmanagement.net / fµ 8. OTHER ?XThis section not applicable a.Give complete description: 6-17- (v Date Riverwind Condominiums Project Name Kendall E. Gaskins; Gaskins Land urve in , P.A. Applicant Name Applicant Signature d? ita d RCOAST. www.necoastalmanaaement.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 ?Public/Government XPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms included? ?XYes ?No If yes: (ii) Number 3 (iii) Length 20', 16.8', 6' (iv) Width 20', 6', 6' (v) Floating ?Yes ?X No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 10 (ii) Number of slips existing 13 i. Check the proposed type of siting: ? Land cut and access channel ?Open water; dredging for basin and/or channel X?Open water; no dredging required ?Other; please describe: k. Typical boat length: 40 ft ?This section not applicable b. (i) Will the facility be open to the general public? ?Yes ZNo d. (i) Are Finger Piers included? ?X Yes ?No If yes: (ii) Number 3 (iii) Length 13' (iv) Width 4- (v) Floating ?Yes ONo f. (i) Are Boatlifts included? ?Yes ?X 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 ?X Dockage ("wet slips') only, number of slips: 10 ? 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). mixed types of non-commercial boats www.nccoastalmanaaement.net m. (i) Will the facility have tie pilings? (i) Will the facility be open to the general public? X?Yes ?No ?Yes X No (ii) If yes number of tie pilings? 22 2. DOCKING FACILITY/MARINA OPERATIONS ?This 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. Pump grinder sewer system maintained by Bay River Sewer c. Describe the disposal of solid waste, fish offal and trash. GDS trash pickup d. How will overboard discharge of sewage from boats be controlled? Signs will posted "No Sewage Discharge" e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 2 signs will be placed on the dock so that they are visible entering and leaving the dock by boat. (ii) Give the location and number of "Pumpout Available" signs proposed. None f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live-aboard dockage? Overnight and live-aboard dockage will not be allowed. k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes XNo n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes NNo o. 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. MCW 2327 soft ?SAV ?SB ?WL ?None c 3 . www.nccoastalmanagement.net P- Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ONo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) MThis section not applicable 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. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) MThis section not applicable a.(i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ?X This section not applicable a.Length b.Average distance from NHW, NWL, or wetlands c.Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS ?X This section not applicable a.ls 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 b.Number d.Description of buoy (color, inscription, size, anchor, etc.) N/A 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Existing: 69.73' to west, 9.80' to east Proposed: 51.75' to west, east the same The DCM is currently reviewing the orientation of the riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Existing: 53.29' to west, none to east Proposed: 35.29' to west Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 690 ft d. Water depth at waterward end of structure at NLW or NWL -5.5 ft (cD NWL e. (i) Will navigational aids be required as a result of the project? ?Yes ?X No ?NA (ii) If yes, explain what type and how they will be implemented. 3- `', s f as WWW.nccoastalmanagement.net ?-17,1v Date Riverwinds Condominiums Project Name Kendall E. Gaskins; Gaskins nd Surveying, P.A. Applicant Nam , Applicant Signature -- i3"' www.nccoastalmanagement.net Riverwind Condominiums Pamlico County, NC Riverwind Condominiums, LLC, is an existing community with two units completed and another five units under construction. This community is designed for assisted living and will include the expansion of a 10-slip community dock on the 0.623-acre Riverwind Condominium property located on Blackwell Point Loop Rd in Oriental in Pamlico County, North Carolina. The property is adjacent to Smith Creek. Being adjacent to the water the marsh grass along this property tends to be a popular hiding place for water moccasins, especially in the 16' area to the left of the existing bulkhead. This area is used for the launching of kayaks and by the children of occupants as a play area. As such, it is proposed that the property owner be allowed to maintain the grass in this area at a height no lower than 6" year round. No heavy machinery will be used; instead light duty yard equipment, such as a weed trimmer, will be used for regular maintenance. The proposed 10 slip dock and community pier will provide access to the development from Smith Creek on the north side of the property. This permit is for condominium infrastructure only and does not include any development that may occur within the lots or common areas. The Riverwind Condominiums property is located within the Neuse River Basin. IuuN Mar 06 2000 412.070.00 fate of PAMLICO North Car*" Cowty Real estate excise Tax NORTH CAROLINA PAMLICO COUNTY FILED in PAMLICO County, NC on Mar 00 2000 of 02:24:37 PM by: SUE K WIITFORD REGISTER OF DEEDS BOOK 441 PAGE 671 WARRANTY DEED THIS DEED, made and entered into this 18th day of February, 2005, by and between GERALD D. HEDRICK and wife, ANN P. HEDRICK, hereinafter called "grantors", and RIVERWINDS CONDOMINIUMS, LLC, A North Carolina Limited Liability Company, 401 Vandemere Street, Oriental, NC 28571, hereinafter called "grantee"; W I T N E S S E T H: That grantors, for and in consideration of the sum of ten dollars and other good and valuable considerations, to them in hand paid, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey to the said grantee and its successors and assigns, a certain tract or parcel of land in the Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: On the east side of Smith Creek and west side of Blackwell Point Loop Road and being that parcel containing 0.624 acres as shown on that map by Nixon Surveying entitled "PROPERTY SURVEY FOR GERALD D. HEDRICK and wife, ANNE P. HEDRICK" dated April 24, 2003, and recorded in Deed Book 399 on page 227, Pamlico County Registry. SAVING AND EXCEPTING from the above-described parcel is the following described parcel or unit: BEGINNING at a point the following two courses and distances from grantors' northeast corner: N 861 04' 45" W 196.57 feet, S 050 16' 09" W 11.67 feet, thence from said POINT OF BEGINNG continuing S 051 16' 09" W 22.17 feet, thence N 840 43' 51" W 52.00 feet, thence N 050 16' 09" E 22.08 feet, thence S 840 43' 51" E 52.00 feet to the POINT OF BEGINNING, it being Unit One of Riverwinds Condominiums. TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said grantee and its successors and assigns, in fee simple forever. And grantors, for themselves, their executors and administrators, covenant with grantee and its successors and assigns, that they are seized of said premises in fee; that they Prepared by HOLI,OWELL & I10T.LCAVELL, LLP A rrornevs ar l.aw Bayboro, Nor(h Carolina 28515 BOOK 441 PAGE 672 have a perfect right to convey the same in fee simple; that the same are free and clear of all encumbrances whatsoever, except those hereinabove stated; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, grantors have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside each name, the day and year first above written. LYA,C? 1 ) 1?t?jL?? (SEAL) Gerald D. Hedrick (SEAL) BY: Gwinn O. Hedrick, Attorney in fact for Gerald D. Hedrick AN P • \ • t`?*?( (- (SEAL) Ann P. Hedrick (SEAL) BY: ' Gwinn O. Hedrick Attorney in fact for Ann P. Hedrick NORTH CAROLINA PAMLICO COUNTY I &r(Wd jj. *1L0 0ZAj-J V , a Notary Public in and for said county and state, do hereby certify that Gwinn Odell Hedrick, attorney in fact for Gerald D. Hedrick personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said Gex•ald D. Hedrick and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of Register of Deeds in the County of Pamlico, State of North Carolina, on the 20th day Prepared by HOL LOWELL & HOLLOWELL, LLP Attorneys at Law Bayboro, North Carolina 28515 of May , 2003 , in Deed Book 399 at page 712 , and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney. I do further certify that the said Gwinn Odell Hedrick acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said Gerald D. Hedrick. q44` Witness my hand and notarial seal/stamp, this the AMW day of ??- , 2005. ka?ey V bllc A` My commission expires: C' %.01 8LIG % NORTH CAROLINA PAMLICO COUNTY I, (rf?Cl l(G? ?• -o?towet?? r a Notary Public in and for said county and state, do hereby certify that Gwinn Odell Hedrick, attorney in fact for Ann P. Hedrick , personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said Ann P. Hedrick, and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of Register of Deeds in the County of Pamlico, State of North Carolina, on the 20Lh day of May 2003 , in Deed Book 399 at page 216 , and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney. I do further certify that the said Gwinn Odell Hedrick acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said Ann P. Hedrick. (go, Witness my hand and notarial seal/stamp, this the day of Cam-. , 2005. Prepared by HOUOWELL & HOLLOW ELL, L.LP Attorneys at Law Bayboro, North Carolina 28515 WOK 111 PAGE 671 My commission expt-r6s: is g. N04? 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O O :too Ir NOT TO SCALE C0 SKn Ate' Ii 1 11 II THIS PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA FLOOD ZONE AE I 1 ------------------ /I BASE FLOOD ELEV .... . ..... 7.0 FIRM MAP .... . .... 3720648600J 1 I COMMUNITY PANEL . ... .. 370279 OMMUNITY S;010 LTFR Gf / , II II EFFECTIVE .NAME ..TOWN UL ORIENTAL 2. 2004 o o o/ 0 I o 1000 / 2 > I 0 voi?, __1 3 0 e__ 4 I I _ O P06 0:0 0 5 11 I / 7 s r-- 1 ec, EDLI VICINITY SKETCH LEGEND • E7P EVS77NG IRON PIPE • SIP SET IRON PIPE 41a +. XL a • EPK EXIS77NG PK NAIL A SPK SET PK NAIL • NPS NO POINT SET EM51MVG MOORING M CF CAMA FLAG B& (7D BE RLLOEED) RW EOP EDGE OF PAVEMENT RW RIGHT OF WAY MBL MINIMUM BUILDING LINE WE ? APRIL X 2010 WEARER CALM WINDS REPRISfNTA71VE OF NORMAL WATER DEPTHS I I I I I I j I I I I . -? II I I O I ORIENTAL PROFESSIONAL PROPERTIM LLC DO 449 PC 931 TAX ID: J082-37 SFur RAM. ADVGE' ALaVG PROPERTY I \? 1010 I P?? ? / I 11 I 1-11, X I? I I it / PREWOMY DESCRIBED WAZER LAC __1 / / MAO cr .1-1 I I / I "' $ A9 / 1? / °- 22+r / O? 8 / 71I 1 LINE TABLE LINE BEARING LENGTH L1 N86'37 5'W 7.73 L2 NO '00'5 'W 43.19 L3 N 5'46'14' 21.07 L4 4'4 '07' 55.23 L5 N 1'36'29'W 50.16 L6 N31*4.W34'W 39.65 L7 N02'52'23'E 13.13 v / / Lw ? s4MI / IT 1 a Ar UN in EXISTING I r Z 1 / 17f' oD / UNIT 2 I J DWELLING o / / auMIMM? ' / / 16 / EXISTING DWELLING I u / / 221r 1n u Nc AAMIWI? 4217 / / / $ 4217 . RBIMBYi d / ? ? 7 < • a MAW 2LI ? $ a .. .,. . / 17 • . , Y p. R7 17 1 4•. F ?O a ¦ ? HOLDING T ?.• a O, C . 9 IIII R. ST I Ti y 22.17- n . w ..:. a is , x7Y A q / is S06°29'10'W \_ 92.89' a PAMLICO COUNTY 7 AS APPROVED CA INSPECTIONS CANA C ??f1 PARTALLY INSIDE ZONE 2 e e ROBERT J. PARKER At .Ir. LINDA W. PARER DO 460 PG 388 TAX ID: J082-34 UNIT 1 AS APPROVED BY PAM ICO COUNTY IISPECRONS AND CAMA LIES OUTSIDE OF ZONE 2 ?• t RON BL RIGHT 1L ? D0.STM/G SQE ROAD WAY INTERSECTION J)C ko POINT LOOP ROAD (RE COX R _ •--++ v7 AVE. AND Dm PPC?Aa SIREET AS 'Q'+t BLACKWELL POINT LOOP ROAD ^? (M' PR/VA7E R/1n 40 20 0 40 80 BLBLACKWELL PONT CENTERUNE L0OP R AD ,,t4NEnLLEMEEMM'/ I, KENDALL E. GASKINS CERTIFY THAT THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. KENDALL E. GASKINS L-3824 I, KENDALL E. GASKINS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM A SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK SSE , PAGE REFERENCES ); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK _. PAGE : THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10.000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 15th DAY OF JUNE, A.D., 2010. KENDALL E. GASKINS L-3824 OC F SS H SEAL 9 L-3824 IQ,- ui;o %%o % ,`GENSF` ":I SEAL L : C-3023 44ND S\?,% '''MM4111111114LE`` SCALE: 1 = 40' --PROPOSED DEVELOPMENT RIVERWIND CONDOMINIUMS 236 BLACKWELL POINT LOOP RD TAX ED: J082-36 NUMBER 2 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA SURVEYED: NOVEMBER 20, 2009 SCALE 1" = 40' Gaskins Land Surveying, P.A. PROFESSIONAL LAND SURVEYING PO Box 354 Vanceboro, NC 28586 Phone: 252-244-0599 Fax: 252-244-5899 PAGE 2 OF 2 09-0082