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HomeMy WebLinkAbout20110541 Ver 1_CAMA Application_20110603 Beverly Eaves Perdue Governor 4/ ~~,~ N~®`~ North Carolina Department of Environment and Natural Resources Division ofi Coastal Management James N. Gregson Director 20i~o54i June 2, 2011 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Location: Proposed Project: Karen Higgins Division of Water Quality Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Ray's Creekside Marina, Inc. ~c~QOeQ ~unl ~ 2011 Dee Freeman Secretary The project site is located at 336 Blackwell Loop Point Road, Oriental, Pamlico County. The applicant is proposing to perform dredging neneath an existing commercial marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/23/2011. 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. SIGNED DATE 400 Commerce Ave., Morehead City, NC 28557--3421 Ono Phone: 252-808-2808 ;FAX: 252-247-3330 Internet: www.nccoastalmanapement.net N01"/t~h/1~ ja'~r/}a(/lilla An Equal Opporunity 1 Affirmative Action Employer ~Li i~lfF / l { ~~ 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. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ray's Creek Side Marina, Inc. 2. LOCATION OF PROJECT SITE: The project is located adjacent to Smith Creek at 336 Blackwell Loop Point Road in Oriental, Pamlico County. Photo Index - 2006: 79-8246, grids S-9, S-10; 2000: 79-877, grids E-16. 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/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 12/28/10 Was Applicant Present -Yes Photos Taken -Yes 5. PROCESSING PROCEDURE: Application Received - cc: 5/23/11 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1992 Pamlico County (7/24/92) Land Classification from LUP -Rural with Services/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing -Septic System (with pump out station) Planned - N/A (F) Type of Development: Existing -Commercial Marina Planned -Excavation of existing boat slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water 16 290 ftZ (B) High Ground 10 890 ft2 (E) Total Area Disturbed: 27,180 ft` (F) Primary Nursery Area: No (Permanent Secondary) (G) Water Classification: SC; NSW Open: No (H) Cultural Resources: No 8. Project Summary: The applicant wishes to perform dredging beneath an existing commercial marina. 9. Narrative Description: The property is located at 336 Blackwell Point Loop Road near Oriental, Pamlico County. The lot is a 0.31-acre tract adjacent to the mouth of Smith Creek. This site is developed with a commercial marina (ref. Major Permit #116-85 and #127-98 issued for the current docking facility). The existing upland structures are located towards the middle and northern corner of the parcel. The existing docks and shoreline stabilization (bulkhead and rip rap revetment) are adjacent 'Field Investigation Report: Billy Creech Page 2 to Smith Creek along the western edge of the property. This marina is known as "Ray's Creek Side Marina". The adjacent properties are also commercial docking facilities. The average elevation of the high ground of the parcel is +4.5' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of lawn grasses. The lot has 230' of shoreline along Smith Creek. There is not a defined Federal Channel immediately adjacent to the project area. Offshore water depths adjacent to the lot range from about -3' to -6.5' nwl. This waterbody is about 610' across at this location. This tributary is a part of the Neuse River basin and is subject to wind driven tides. These Estuarine Waters of Smith Creek are classified as a Permanent 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 not a defined Federal Channel immediately adjacent to the project area. There are no Coastal Wetlands in the vicinity of the proposed project area. This substrate is soft without shell. 10. Proposed Development: The applicant wishes to perform new excavation beneath the existing marina's boat slips in order to maintain port accessibility for various recreational vessels. This excavation will connect to the existing -6.5' nwl depth contour. The area of excavation will be approximately 90' long and 181' wide. It will involve the removal of approximately 1,206 cubic yards [(90' x 181' x approximately -2' nwl) _ 27] of subaqueous material. This excavation will extend approximately 130' waterward. The work will be performed using mechanical `bucket-to-barge' methodology. The dredged spoil material will then be transported to an upland high ground location. This spoil site is not owned by the applicant and there are two potential spoil sites chosen. It will be contained by a silt fence, enclosing a 10,890 square-foot area. 11. Anticipated Impacts: This excavation will impact 16,290 square feet of benthic habitat. The spoil material will impact 10,890 square feet of high ground. Turbidity levels associated with these mechanical excavation practices will be short-lived and temporary. No long-term environmental effects are generally anticipated and should only last as long as dredging operations are taking place. There is a possibility for future requests of maintenance dredging. The waters of Smith Creek are classified as SC; Nutrient Sensitive Waters and are designated as a Permanent Secondary Nursery Area. Immediate off shore water depths in the area range from -3' to -6.5' nwl. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. Brad Connell May 31, 2011 Morehead City ~~~ ~~ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary iVIEMORANDUM DATE: May 31, 2011 TO: Doug Huggett THRU: Roy Brownlow I'j~""° FROM: Brad Connell «~ SUBJECT: Comments and Recommendations - CAMA Major Permit -Ray's Creek Side Marina, Inc., Pamlico County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the maintenance excavation of 1,206 cubic yards of subaqueous material and the proposed spoil disposal will impact 10,890 square feet of high ground. The waters of Smith Creek are closed to shellfish harvest. This waterbody is a Permanent Secondary Nursery Area. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized. as proposed, contingent upon the following conditions: 1) Excavation will not exceed -6.5 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters; 2) The spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities; 3) No spoil material is to be placed within 50 feet of the normal water level, or landward edge of Coastal Wetlands; 4) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters; 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) Aground 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; 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Billy Creech May 31, 2011 Page 2 7) 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; 8) No vegetated wetlands/marsh grass will be excavated or filled;, 9) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized; 10) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters; 11)The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 772-2220 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. NOTE: The permittee's contractor is advised to exercise care when excavating adjacent to existing structures so as to not compromise their structural integrity. CC: Ted Tyndall, DCM Roy Brownlow, DCM ~~~~ ~ ~ ~ ~'~ 336 Blackwell Point Loop Road, Oriental, NC 28571 Mailing Address: P. O. Box 593, Oriental, NC 28571 T°e1:252/2-777 Cell-Billy: 919/631-7378 F-mail: ra~e~~ide~s~l~Sar~o ~.ECENED r May 22, 2011 NCDCM 400 Commerce Avenue Morehead City, NC 28557 ATT: Brad Connell ~~~ ~ GQ~~ DCM-MkID CITX' Ray's Creekside Marina, Inc., on Smith Creek, has silted in.over the years to the point that some boats cannot navigate to and from their slips. We estimate it has silted in about a foot. The shore line has been stabilized with more riprap which has slowed the silting. We would like to restore the marina slips to their original depth. Thank you, Billy J. Creech Owner OCM MP•1 APPLICATION for ~ -. Malor Development Permit APB 5 201 _ past revised ~ 2/2~ros~ ~~-~~ North Carolina DIVISION OF COASTAL MANAGEMENT 7. Primary Applicant/ Landowner Information Bu ess Name Project Name (if ap lic ble) Applicant 1: First Na e ILL MI ~. --~. Last Name C~4~~~~ Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box ~~'3 City mR.~~-N 7~L State l1 ~~ ~ ZIP Country Phone No. FAX No Street Address (ildifferen~ /rom above) 33G 1~L~Ut'x~~t~ ~'l.' L~Q R~. City ORI~/YT~ State /Y ~. ZIP ~~S'~~ Email t`tt a crime ks~de ~ e~nl~.rQ fiarc . c~~ 2.. AgenUContractor Information Business Name ~~t 5 ~ flaRr /~R1N~ CONS 1: '-~~ . Agent/ Contractor 1: First Name 1..rl7ff~~ MI ~.. - l Last Name ~o /~t~s Agent/ Contractor 2: First Name MI Last Name Mailing Address ~~~ C~~°~ !-a0~~1~' ~R - PO Box City R~/~'J~~RS . „~S State Ott. C. • ZIP ~-~~3 ~ Phone No. 1 afa - ~~' -at ~ ext. Phone No. 2 - _ ext. FAX No. Contractor # asp- Street Address (if different from above) City State ZIP S~ /1'L ~ _ Email 5 ~~~ 1~lrl fY G-~ ~f~•f1f00 . ~ofY1 <Form continues on back> Form DCM iMP-1 {Page 2 of =f) P .~iECETy~Y , ~~~ ~ if119 APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address inCi-q_IlR;~j Cy=g~I, f~/h~~t d ~ 3~ HE'LL ~~ Ld o ~~. State Rd. # ~~~- Subdivision Name City State Zip Phone No._ -,R ~~ - ~`j - 7~ ext ~ Lot No.(s) (i/many attach additional page with list) ~ - . ~ , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project ~/~i ~T~f ~R~~~ c. Is the ater body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural ^Manrnade ^Uhknown ~~~~~J C= ~I~~~ e. Is proposed within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within I ) ^Yes No . ~ 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) QTTQ•Gh~ ~ s~~ d. Approximate elevation of tract above NHW formal high wafer) or NVy l I ~ ' ' 1 f , (!f man lof sizes ` lea e attach addifional e with a list) - a ) , '/ ~ j. (por~ Wa er~ v'~ ~ ~1HW or NWL ~ ~ t y , p s p g ~ "~ e. Vegetation on tract t' GR~-s s ~ ~ir~ ~ sh rub s f. Man-made features and uses now on tract J3 u 1.-J~hl a A- D ~ ~~ Tt~ I~IOGI S ~~ ~"~a N. $ L ~ Cf}R Pe r~~~ 571 ~1~ lr g. Identify and. describe the existing land uses adjacent to the proposed project site. lI?AR tly ~ 5 ow bc771 5 t ti es h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? J~ / ~ (Attac zoning compliance certificate, if applicable) Y ^N ^NA / o es j. Is the proposed activity part of an urban waterfront redevelopment proposal? ^Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes o ^NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes o ^NA National Register listed or eligible property? <Form continues on next page> Form DCM 1~1P-1 (Page 3 of 4) APPi_1CATlON for Major Development Permit m. (i) Are there wetlands on the site? ^Yes o ~/ ~A ~ (ii) Are there coastal wetlands on the site? ^Yes (_y1Vo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ^Yes ^No +l. (Attach documentation, if available) ~®~. n. Describe existing wastewater treatment facilities. g ~ ~ ~~ ~/QN s~~tf~ sysr~n~ ~rf~ Pip o. Describe existing drinking water supply source. ~~,,,jCo ~p , LU A-1 ~' h p. Describe existing storm water management or treatment systems. ~/v ni 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ommercial ^Public/Government ^Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. ~~~ r~ ~~~ ~©RTs ~ct,vc D~C~-~D ~3y D~yl tr1~'~'k, rno , Y c: Describe the proposed construction methodology, types of construe 'on equi ment to be used during construction, the number of each type of equipment and where it is to be stored. f'f~~bG~C ~~~f}j/~}Tf~/t/ ~.gwp~a~Nr~ ~~3~~tG~'~ K~.r~~7-oie ~ ,~.~mP ~~Prl~h~' s~ToRL DN 7E d. List all development activities you propose. I1R~h~~' DNS y e. Are the proposed activities maintenance of an existing project, new_work, or both? fllN'~ZNrr/v~~ . aN e~'/'4~IN /'a . e~ / f. What is the approximate total disturbed land area resulting from the proposed project? ~ ^Sq.Ft or ^Acres 3 ~~R~`-s g. Will the proposed project encroach on any public easement, public accessway or other area ^Yes No ^NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. ~~~/ i. Will. wastewater or stormwater be discharged into a wetland? ^Yes No ^NA ~ f ~' ~ If yes, will this discharged water be of the same salinity as the receiving water? ^Yes ^No Lr~'NA ° ''l~ ~~ j. Is there any mitigation proposed? ^Yes No ^NA If yes, attach a mitigation proposal. L E <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPL9CATION for Major Development Permit 6. Additionallnformation !n addition to this completed application (orm, (ti1P-1) the following items below, if applicable, must be submitted in order for the appli~an package to be complete. lfems (a) - (~ are always applicable to any major development application. Please consult the applic lion instruction booklet on how to property prepare the required items below. a. A project narrative. """~ ~ALMG ~" ~ S ~~/Y bo~7- sL rP s b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of t proposed project. Is any portion already complete? I~ previously authorized work, clearly inJdicate on maps, plats, drawings to disting' h between work completed and proposed. ~~.~ per! Nb~ SfQ.l,.r~4 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 e-tfi""pro'posed protect to the~i iv s on"of'~oastal Management. Name ~/ rz Phone No. °', .::~"-~-~~/~ '`:yJG tom. Address r - ~ Name ~.~ cL' ~~+ ~,.,T~ ,`"lam ,~rlV~~.. '~~ ~J`3~G~ ~ •~-c;~1,~jarc~~, "Phone No.:~"'J ~ '.;,~~ ~'- :..:~ f~~,`.' ,~:, ~/ 6' Address ~ ~/ ~+~-/~l~f~~.L- ~~ ,C.-C"~~ ~:~ ~~1F'.~'-~' Name Phone No. Address g. A list of previous state or federal permits issued for work o~t~eprpj~.~t~,clude permit numbers, permittee, and issuing dates. --- - r 1IJJ--~y / SS I CA-/~f} _~ ~o ~ 1~7-- f g C A~ m ~- /1- j ~l - Q2' C: R. ~R h. Signed consultant or agent authorization form, if applicable. ~/ i. Wetland delineation, if necessary. /" j. A signed AEC hazard notice (or projects in oceanfront and inlet areas. (Must be signed by property owner) ~ d 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. ~~ ~~ ~~ 'C-C9~ 7. Certification and Permission to Enter on Land 1 ur:derstand 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 ~ " / ~' ~~ Print Name ~,~~ ~ y C Signature L-i C_._--- Pleas~~indicate application attachments pertaining to your propose protect. p°fSCM MP-2 Excavation and Fiil Information ~ ~ ^DCM MP-5 Bridges and Culverts ^DCM MP-3 Upland Development /~ ~, ~°~~ ^DCM MP-4 Structures Information dorm D~HVI ~ll~-~ ~~~~~~~~~~ C~~~ ~~~~ (:`xcept for !~rldges and culaertsj t~EGFIVE3~ ~1~~~ ~ ~ ~~~~ k~~;hi-t~~ ~~"~" 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 s!!pplemental information. Describe below the purpose of proposed excavation and/or fill activities.. All values should be given in feet. Access ~ Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL ~ i ~• ~~ stabilisation Length ~ ~° Width ~ 9 Avg. Existing ~~ NA NA Depth ~ ~% Final Project th D ~ ~~ NA NA ep '1. EXCAVATION ^This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. ~\ cubic yards. "`°y ~ ~ /~L~ / l ~~ ~a~~,. ( /./ c. (i) Does tl~e area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), n or other wetlands (WL)? If any boxes are checked, provide the / `~ ~~_ number of square feet affected. ^CW ^SAV ^SB ^WL ~(]Adone / ~! ~2 // (ii) Describe the purpose of the excavation in these areas: ~ (~ J J _~ ~ ~ - - - ~ .l° ~~-- 2. DISPOSAL OF EXCAVATED MATERIAL ^This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you cl~aim~ti ~ to disposal area? ^Yes LL~'1Vo ^NA (ii) If no, attach a letter granting perm/omission from the owner. Awl=?" d. (i) Will a disposal area be available for future maintenance? ~s ^No ^NA (ii) If yes, where? (i) Does the disposal area include any 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 [one (ii) Describe the purpose of disposal in these areas: (i) Does the ~dis~posal include any area in the water? ^Yes loo ^NA (ii) If yes, how much water area is affected? 3. SHORELINE STA$ILIZATION This section not applicable (If development is a wood groin, use MP-4 -Structures) a. Type of shoreline stabilizauon: ^Bulkhead ^Riprap ^Breakwater/Sill ^Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. u. ~.ci iyu,. Width: d. Maximum distance waterward of NHN! or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ^Yes ^No ^NA (ii) !F yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES his section not applicable (Excluding Shoreline Stabilization) a rt W~u fill material 6e brought to the site? ^Yes ^No ^NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), ff yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? ~~ wiz ; cc/tu~F ,E~c, S:r~n! caiyT/s'z:L_ ~~r ~~~ c. (i) Will navig_.ati~~I aids be required as a result of the project? ^Yes L¢(NO ^NA (ii) If yes, explain what type and how they will be implemented. Date ~ ~' j ~ ~~' ~~ Project Name submerges aquauc vegetauun iJrw~, ancu uuu~ui ~.+u~, ..~ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected: ^CW ^SAV ^SB [JWL ^None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? d. (i) Will wetlands be~,cro~sed in transporting equipment to project site? ^Yes L~tao ^NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name Applicant Signature °~... ~. ,, ~~ , ~p..i I ~J j ~_ ~-..-_;._.__--s--; -~ ----f~- ._,- _i. _...L_ ~ ,~ ~ _.. ~~;•, Imo- ,~ rl~ r LLB,.. ~/,.: ~:~r•,-- - c p ~ Mf ,` \ ` . ,1y. ~ ;;~. ~~; / tri F'.~ f i ~ .,!~[~ ~ f'f I rr~~ti•, - ~; lr ~ i '~~ ~ ~ ~,'-t ~ I ~ --~ ~'~ ; r I 4, 1 -- r ~ ~ ~r a. 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