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HomeMy WebLinkAbout20121008 Ver 1_CAMA Application_201211012 ®121008 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Governor October 24, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Karen Higgins Division of Water Quality Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensco Trust Company Dee Freeman Secretary Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposes to construct a 10 -slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808 -2808. When appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Ave., Morehead City, NC 28557 Phone: 252 -808 -28081 FAX: 252 - 247 -3330 Internet: www An Equal Opportunity 1 Affirmative Action Employer Q5 �� ` One 1�),,NorthCarolina F 0'� 2012 i ;vatlira`�l� DENR - WATER duA1 ILITY reGando & Sti1anwatep Branch DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Pensce 'rust Cornpz1.;J 2, LOCATION OF PROJECT S1TT: The pfoj� cYt is to Ball Creek at th-lz er, of Anna Lane in the Bayvie-" -1-. states Subd� �,`isio , off of Florence Road, near INilerri+.., Pan,slico County. Photo Index — 2006: 82 -8269, grids 0-2; 2000: 82 -971, grids I -4. State Plane Coordinates - X: 824729.769 Y: 157759.330 Longitude: -076 38 18.97 Latitude: 35 08 56.71 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 3/6/11 Was Applicant Present No Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 10/22/12 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — 2005 Pamlico County (01/28/05) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private /Community (E) Wastewater Treatment: Existing — None Planned -None (F) Type of Development: Existing — none Planned - 10 -slip community docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP /SIDED (A) Open Water 906 ft shaded 5,600 ft incorp (B) Coastal Wetlands (E) Total Area Disturbed: 6,525 ft` (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW, NSW Open: No (H) Cultural Resources: unknown 50 ft shaded 875 ft2 altered 8. Proiect Summary: The applicant wishes to construct a 10 -slip community docking facility for the private use of interior lot owners of the Bayview Estates subdivision, Pamlico County. Field Investigation Report; Pennsco Trust Company Page 2 9, Narrative Description., The property is located near Merritt in the Bayvievi Estates subdivision, off of Florence Road in Pamlico County. The property is at the end of Anna Lane on the "'Boat Access" lot. This site is undeveloped. The lot is 0.4 acres. The adjacent tract to the north is a developed residential lot within the subdivision, and the adjacent lot to the south undeveloped. The elevation of the high ground of the parcel is about +5.5' above the normal water level (nwl). Vegetation on the lot mainly consists of Coastal Wetlands (Spartina cynosuroides), pine trees, and lawn grasses. The Coastal Wetlands on this property are subject to irregular flooding. This lot has approximately 100' of continuous shoreline along Ball Creek. Immediate offshore water depths adjacent to the lot range from —1' to —5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 345 feet across at this location. These waters are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. This project area is subject to the Neuse River Riparian Buffer Rules. 10. Proposed Development: The applicant wishes to construct a new 10 -slip community docking facility adjacent to Ball Creek near Merritt. The proposed development will take place at the end of Anna Lane, off of Florence Road. The applicant also wishes to mow the Coastal Wetlands AEC down to a height of six inches, and maintaining a 25' wide and 35' long path from the high ground down to the shoreline at the site of the proposed docking facility. The main access pier will traverse the high marsh Coastal Wetlands AEC heading in an easterly direction. It is proposed to be 5' wide and 70' long. At the waterward terminus of the main access pier, there will be a perpendicular "T" platform. This proposed fixed platform will be 5' wide and 70' long. The docking facility will utilize four finger piers and 19 independent tie pilings to support ten boat slips. The proposed finger piers will be 4' wide and 16' long. Each slip will be 15' wide and 20' long. This docking facility will extend approximately 70' offshore from the waterward edge of the marsh. The proposed boat slips will be in water depths ranging from -2.5' to -5' nwl. A dry hydrant will be installed on the docking facility. No formal upland parking area is proposed at this time. 10. Anticipated Impacts: The docking facility will not pose a hazard to navigation because it will be less than ' /a of the width of the waterbody. The tie pilings will be greater than 15' from both of the adjacent riparian property lines. This proposed community docking facility will usurp 5,600 ft2 of Public Trust Waters. The access pier will shade approximately 50 ft2 of Coastal Wetlands. The proposed Coastal Wetlands mowing will impact 875 ft2 of salt reed grass (Spartina cynosuroides). Traditional marine construction methodology will be utilized during the construction of this Brad Connell October 23, 2012 Morehead City Fieid Investigation Reprxt: Pensco Trust Company Page 3 prl,iate/eomTrlllnity CCU <1 ?lam ^3 3rd; Te�f1porary, shc) -t- -livid t -lfb idiiv lri pact, 1i�' antici ,-,', d duri, the setting of t - do(;',,,ng 1?ch,ty's n ;J, qs, ilk rT1 ;i1C'.. T ^� �f7t tn1 Wetlands 11J1 � be i naintained for the 11 F; of t he project. Tl ,; . wilt , e no �.Iteration of the rlia?• ;h suhstrat,, ns a cond; lion of the per;-nil, pcl CTC i-Li' s. This project area is subject to the Meuse River Riparian Buffer Rules. Water depths within the proposed boat slips are deep enough to prevent scouring of the shallow bottom habitat. These waters of Ball Creek are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. Brad Connell October 23, 2012 Morehead City Pert: O Trust Co, Estates C?r3rr u tty Dock Project Narrative: Penso T rust Co. is proposing a docking facility to provide livet storage clips fad property owners uvathin the subdivision that do not own waterfront property, 5peciiics to the; docking facility/ are as follows: 0 Pier — 5'x70' a T- Platform — 5'x70' ® Four Finger Piers — 4'x16' ® 19 Mooring Pilings. The dock will be constructed of wooden pilings and bracing. Concrete "hog slats" will be used for decking. The finger piers will also be constructed of wood. Most construction will be conducted water ward of the shore. A barge equipped with an excavator with a vibrating head will drive pilings and set concrete slats. A small amount of piling installation will take place from land. Matts will be utilized in order to minimize any damage done to existing wetlands. We would also like to request a permanent maintenance area along the walkway that will lead to the pier. We propose an area of 25', 10' on either side of pier and 5' underneath of the decking. The maintenance area would be trimmed to an acceptable length throughout the year. This would allow for easier access to the docking facility and protect the pier from becoming over grown with the Giant Cordgrass that currently grows on site, which has capabilities of reaching well over 6' tall. A Dry Hydrant will also be installed per Pamlico County Building Department requirements. ar x y gg &3a 3s'l-Isad 12: ?7"US) CNAa3 0 v- q,VANACE',' 9 N f, Primary Applicant Landowner Information Business Name Penso Trust Co. Project Nar ,e (,t applicable) Bayview Estates Applicant 1 First Name Carsten MI Last Name Evans Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 891 SW 72nd Ave.. PO Box City Plantation State FL ZIP 33317 Country Phone No. 252 - 975 - 0777 ext FAX No. - - Street Address (if different from above) City State ZIP Email carsten @nova.edu 2. AgentContractor Information Business Name B. Prescott Marine Construction, Llc Agent/ Contractor 1: First Name MI Last Name Brandi P Robertson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 874 Oriental NC ZIP Phone No 1 Phone No 2 28571 252 -249 - 0149 ext. 252 -617- 9797 ext. FAX No. Contractor # 252 249 0384 67655 Street Address (tf different from above) City State ZIP 141 Tara Trail Graritsboro NC 28529- Email brandi_133 @yahoo.com <Form continues on back> Fornn iDONj MY- "'i (Page 2 ci 41) rAPPLJCATQ1OjN fcr Nlajcr Development Permit 3, Project LocaVon County (can be rnclt,ple) ( Straet Addrsss State Re: -4 Pamlico A?nq? ' all e lNorth of 1324 Subdivision Name C +ty l Sate Zip Bayvievv Estates - I•�eraii i,C 28556 - -- Phone No. Lot No (s) (if many, attach additional page with ust) n/a - - ext n /a, I I , a In which NC river basin is the project located? b Name of body of water nearest to proposed project Bay River Bali 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. ®Natural ❑Manmade ❑Unknown Bay 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.) Approximately 100' Approximately .4 acres, 18,700 sq ft c Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n /a, 3 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5.5' ❑NHW or ®NWL e. Vegetation on tract Fescue grass, Giant Cordgrass, Pine Trees. f. Man -made features and uses now on tract n/a g Identify and describe the existing land uses adjacent to the proposed project site Residential lots both currently vacant. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? n/a (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k Hasa professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> . Forrn..161 1NI NIP -1 ^, , ri in 0; Are there weliil �d.s oF" '1 , Sot:' i I ' i I,i3'p if yea :o either f,.' cr u) (Attach document -won., if ivar,ah;e) � n Dusci)beexisting :Ez- r,raiFr'r'entm'ntfYciut,e3 Residential lots have individual ground abscibbon sa,pt;c syste ns o Describe existing drinking water supply source Pamlico County Water System p Describe existing storm water management or treatment systems. Ditch drainage. Major L- eveloprneiht Farm t ❑`sr�s ''�i`�� 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. Provide wet slip storage for homeowners of Bayview Estates area. 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 An excavator and barge will be used in the construction of the new dock. Pilings will be driven using the vibratory method a vibrating head attached to the arm of an excavator). Concrete decking will be placed and wooden finger piers will be constructed. Mooring piles will also be installed. Pilings driven on land will be done by an excavator and matts will be utilized to minimize impact on the existing wetlands. d List all development activities you propose. Construction of an.eigtrt slip marina �d 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? n/a ❑Sq.Ft or []Acres 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 n/a i Will wastewater or stormwater be discharged into a wetland? nYes ❑No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No [DNA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal <Form continues on back> F, ^rm Liar- I (Page 4 of 4) APP -,CAT ION for. 11 lia j(r Oevelopr ent Permit 6. Additional Information jIn addition to this completed application form, (MP -1) the fovlowing items below, d applicable, must be submitted in order for the application package to be complete Items (a) — (t) 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 plar view and cross- secticnal drawings) drawn to scale Please give the present state -s 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 Phillip Fiackos Phone No. 410 -461 -1007 Address 4702 Ribble Ct., Ellicott City, MD 21043 Name Sandra Netting Phone No. 252 - 745 -7169 Address 133 Anna Ln., Merritt, NC 28556 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. n/a 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. 1 7. Certification and Permission to Enter on Land I 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 l to the best of m-ly- knowledge Date Print Name a�a {'lUt (� k�bYJ�"YIL1d� Signature Q I'>�I° Rob(A� Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts c'i,, -J t ❑DCM MP -3 Upland Development ®DCM MP-4 Structures Information Y 1 Aach 't is f)rrn to Joint Applicaf= for LAMA Major Permit, FGrrr, DCM NiP- i 9 zure tt: -- orpplete oil oti,er 5ect;ons �, ti.e Join, oplicafion ;'hay; nai, to to this proposed project. Please inr:hAle all i formw1x 1. DOCKING FACILITYIMARINA CHARACTERISTICS a. (i) Is the docking facility /marina. ❑Commercial ❑Public/Government ®Private /Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 70' (iv) Width 5' (v) Floating []Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 70' (iv) Width 5' (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 10 (ii) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and /or channel ®Open water; no dredging required []Other; please describe: Typical boat length: 20' m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 19 [I This section not applicable b (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ❑No 4 16' 4' ❑Yes ®No f. (i) Are Boatlifts included? ❑Yes ®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 ® 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). Recreational mixed types. I. (1) Will the facility be open to the general public? []Yes ®No 2. DOCKING FACILITYIMAfJNA OPERATIONS This section not applicable ;"neck each of the fc11c, "Ang sa0Ita f e inc!?Idsd'n z�,e ^lope sed g—cjC, --- -__`_- ❑ Office Toilets ❑ T oile`s for oatrnns -, Murntei �� U rallon (7 Showers ❑ Boatholding taint pumpjut, t'ive type q.iri b Describe treatment type and disposal lccsilor. fot all sanitary wastewater Pamlico County Water System c Describe the disposal of solid waste, fish offal and trash. All trash will be removed from the site and disposed of elsewhere. Trash pick up is availabel to the homes in the subdivision. d. How will overboard discharge of sewage from boats be controlled? Tank lock down rule will apply. e. (i) Give the location and number of "No Sewage Discharge" signs proposed 0 (ii) Give the location and number of "Pumpout Available" signs proposed. 0 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? Vessel maintenance will not be allowed at site. h Give the number of channel markers and "No Wake" signs proposed. 0 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? Over night and live - aboards will not be allowed. k. Describe design measures that promote boat basin flushing? The creek bottom descends naturally towards the channel. 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 ❑No n Is 'he manna/do&ng facil•.y proposed within or adjacent :o any >heli, s,, narvesting area? ❑Yes 0 N IS ;he mar'norlar -king FSa 399q,, pm cc,5ed Oi adiacerl o co?aseai §4�Y ?,_'; z.Sf171c�i`Ii� li +f "1), 3�1�r7 �1';.�ti ? 1>��t9U 3? ���Ylcf� °;�ar��`;j, �r��ii �altrt" or ctP"- UNct�c ?ii'C ° ''itii' 'f my, C9t''.; s .3r� Gf ': . '.', )'; /iC {, 17;. QM! of SiI jz:"e fe` I'C'!!lt3ofoxirrt_ely_ %Q' a k [7j\/ (3:S8 3 Is the propsed V'9'ia;;t� 1Ci. �,h? ';,,j tilt' >;91`,'f iU4oi� "r! ,,,a�,�9r', rJ1 �aUnfV� i 4;1:?�r "+ jJaU+(lra�•i�' 3t.; t'7ii;� �9'�- iif9a, 1C3i ;`� �"1'dl^ 1 %r„I1't1:J If yes, give the name nd address of the'eszaeh�id4r(s), arw yule the proxirr;ty to the !ease 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): '131 ❑Commercial ❑Public/Govemment ❑Private /Community (ii) Number j (iii) Length ` i (iv) Width Note: Roofed areas are calculated from dnpline dimensions. X31 CI T71 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) ®This section not applicable a• (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This secSon not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private /Community c Distance to be placed beyond shoreline M_ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc) a Proximity of structuve(s) to adjacent nparian property lanes 29' to the North and 15' to the South. jVcr9 For ivoy or rr oor=ng piing. use arc `�tirir =� tr clt c'r,, 3 ; rye;; of Vessal w, "Width of w3tar ocdy 345' e (i) Will navigational aids be required as a resu;t of the pre;ject? E]Yes ®No ®NA (ii) If yes, explain what type and how they will be implemented b Proximity of struclura(s) to adjacent doc€ Ang facilities. 102' korn the dcck zo the South and approximate-if 3550' from tl-e dcck to the Mortn. s t,a�3� -vsid :,d cf s.rjclurB m Ntitl dr '' JL 4' 8. OTHER El This section not applicable a. Give complete description: Penso Trust Co. proposes a docking facility to provide wet slip storage to property owners that do not own waterfront property. The proposal includes the construction of a 5'x70' with a 5'x70' T- Platform. Four 4'x16' finger piers will also be constructed. A Dry Hydrant will also be installaed in accordance with the Pamlico County Land Use Plan. October 22, 2012 Date Bayview Estates Community Dock Project Name Brandi Prescott Robertson Applicant Name Applicant Signature ANA g, -, T'' I ') 1)41C Nam of pyo")eftv Owner !,kPply5ag for pevrnit: J, Mailing Address: 7Z 4 I certify that I have authorized (agent) mavwdl�vsj-. to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary 'to install or construct (activity) CI 10 12 W1,1VIVId, at (my property located at) n n Lt I an N C- This certification is valid- ru (date) Property Owner Signature Date z Ball Creek T, ? � ° Penso Trust Co. Bey*ievv Estates Community Dock Scale I"= 15' September 11, 2012 Page 2 of Drawings by BrandiP.Robertson �m r', auorm 4'x16' U Finger Concrete Decking pier Shoreline � mvYL '--Coastal Wetlands----,,- '—^ _11 '� - ' ' -' - _ '_ Tie Piling 'z'8" ne . . nmw 'r -r6" -4. r,