20131024 Ver 1_CAMA Application_20131010

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management REC�VQ
Pat McCrory Braxton C. Davis ohn var a, III
Governor Director Secretary
OCT 10 2013
MEMORANDUM g /�
DWQ"Y AR0
TO: Doug Huggett, NC Division of Coastal. Management
Charlan Owens, NC Division of Coastal Management
Kevin Hart, NC Division of Coastal Management
Renee Gledhill- Early, NC Department of Cultural Resources
Patti Fowler, Shellfish Sanitation, NC Division of Marine Fisheries
Karen Higgins, DWQ /Division of Water Resources
Joey White, Public Water Supply, NC Division of Water Resources
Anthony Scarbraugh, 401 /Wetland /Buffers
Raleigh Bland, USACE
Lee Patrick, Division of Community Assistance
Patrick, McClain, NC Division of Energy, Minerals & Land Resources
Tim Walton, State Property Office
Ken Pace, State Construction/Materials Branch, NCDOT
Maria Tripp Dunn, NC Wildlife Resources Commission
Chris Southerly/Nathan Henry, Underwater Archaeology Branch
Donna Godfrey, Perquimans County Planner
FROM: Lynn W. Mathis, Elizabeth City Compliance & Enforcement Rep.
DATE: October 8, 2013
REGARDING: CAMA Major Permit Application for Tugboat properties
Please find enclosed a copy of the Field Report for the project application noted above. There is
no substantive change to the report submitted on September 18, 2013; however, I have clarified
the wetland impacts noted on page 4 of the report.
I noted that there will be 11,700sf of Wetland Impacts under "Wetland Development ", which
should have stated "Wetland Development within the 30' Buffer (Public Trust Shoreline AEC) ".
In fact there will be a total of 16,OSOsf of shading impacts in wetlands on the property, which are
noted under "Anticipated Impacts" on the bottom of the same page.
I failed to note at the top of the page that are an additional 4,350sf of "Wetland Development
outside of the 30' Buffer (Public Trust Shoreline) ". That omission has been corrected by
revising the report to include that calculation resulting in a total of 16,050sf of wetland impacts
from shading, as noted under "Anticipated Impacts ".
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252 - 264 -3901 1 FAX: [phone] Internet: www.nccoastalmanaoement.net
An Equal Opportunity \Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Tugboat Properties, LLC - C/o Bill Bowen R E C IE' V D
2. LOCATION OF PROJECT SITE: Site is located in Perquimans County within the Herkr TQv61 l9q on
South Church Street at the mouth of Raccoon Creek and on the Perquimans River.
Photo Index: 2006: 236 -6800 015 -18, P15 -16, N14 -16, M16 -17, L16 -17 2000: 236 -1783 J8 -10 K7 -10 L7 -9, v�-8
N7 -8 1995:158-1630 P21, Q19 -21, R19 -21, S19 -21, T19 -21 1989: Not Available 19.'N`ot�Availa lia ""'l O
06 -8, 136 -8, 06 -8, R6 -7, S6 & 7
State Plane Coordinates: X: 2748579 Y: 895334
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: 08/06/2013 and 08/21/2013
Was Applicant Present: No
5. PROCESSING PROCEDURE: Application Received Complete: Accepted on August 28, 2013
(Pending USACE Wetland confirmation)
Office: Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Town of Hertford
LUP Land Classification: Conservation and Limited Transition
(B) AEC(s) Involved: PTA and PTW
(C) Water Dependent: Yes (With CAMA Areas of Environmental Concern)
(D) Intended Use: Residential Units with a Private 100 Slip Marina
(E) Wastewater Treatment: Existing: None
Planned: Town Wastewater System
(F) Type of Structures: Existing: None
Planned: Townhomes & Condominiums with associated
infrastructure, boardwalk along the water, 2 access walkways, 2
piers with 24 finger piers and 100 slips, and a boat ramp
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADED
(A) Vegetated Wetlands:
(Non - coastal)
Walkways and
Boardwalk: 11,700sf
(B)Non- Vegetated Wetlands:
Piers/ Finger Piers
en water >
(0 P ) --------------- - - --
—>
_>
Platforms /Boat Ramp Docks:
(Shallow Bottom) - ->
Boat Ramp:1,300sf —>
Boat Ramp: 700sf
10,131sf
(overlaps dredge
impacts)
(C)Other: (High Ground)
Boat Ramp
Walkway and
Excavation: 600sf
Boardwalk:1,700sf
(D) Total Area Disturbed: Within an AEC = 25,404sf (.58 acres) Total Project = 10ac.
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No

Field Investigation Report
Page 2
8. PROJECT SUMMARY: The project includes 10 residential condominium and townhome buildings with associated
parking and a 100''slip marina. Associated structures and amenities include a fuel dock, pump -out facility, shoreline
boardwalk, access walkways over 404 wetlands, a dock masters office, boat ramp, pool, clubhouse, and a tennis court.
Project Setting
The property in question is located in the Town of Hertford on South Church Street in Perquimans County, North
Carolina. The project site abuts South Church Street to the east for a distance of 1,085'. Situated in the north east
corner is a water transfer station operated by the Town of Hertford. Located on the north side of the property is
Raccoon Creek, a bridge crossing Raccoon Creek, and the Perquimans River that follows around the north side of
the property to a non - coastal wetland at Tom Water's Creek. Residential properties are adjacent to the property
along the southern property line. Located across South Church Street is a mix of commercial, medical and
governmental building uses. The current zoning designation of the property by the Town of Hertford is T -R which is
a high density residential /commercial designation.
The property is approximately 17 acres, of which 11.6 acres are high ground and 5.4 acres are delineated non -
coastal wetlands confirmed by Tracy Wheeler with the US Army Corp of Engineers on April 27, 2007, reconfirmation
of the wetland line is pending. The land is currently vacant with the exception of the Town of Hertford's Wastewater
Transfer Station. Prior to being purchased a large dilapidated residential structure was situated on the property that
was removed by the current owner. While there are no identified archeological sites there remains a reasonable
possibility for a site to be on or near the property in question.
Vegetation on the property includes, but is not limited to the following: bald cypress (Taxodium distichum), black
gum (Nyssa sylvatice), groundsel tree (Baccharis halimifolia), loblolly pine (pinus taeda), pignut hickory (Carys
glabra), red maple (Acerrubrum), sycamore (Plantanus occidentials), sweet gum (Liquidambarstyraciflua), tulip
poplar (Liriodendron tulipifera), arrow arum (Peltandra virginica), carolina jasmine (Gelsemium sempervirens), bee
balm (Monarda didyma), cat brier (Smilax rotundifolia), broadleaf cattail (typha latifolia), day flower (Commelina
erecta), marsh elder (Iva frutescens), common reed (Phragmites australis), switch cane (Arundinaria tecta), poison
ivy (Toxicodendron radicans), giant ironweed (Vernonia gigantean), and water iris (Iris pseudoacorous).
Average elevations of the property are approximately 5' above normal water level along the high ground portion of
the property and 2' above sea level within the wetland area. The flood designation for the property within the
wetland area is AE, and the high ground portion of the tract is outside of a designated flood zone. The entire tract is
located within the 100 year floodplain. Soils are a moderate to well draining Altavista loamy fine sand along the
high ground and poor draining, frequently flooding, Dorovan muck within the wetlands.
The shoreline gently slopes to the water along the wetlands, with a vertical escarpment 2' to 5' in height along the
high ground. Water depths on the Perquimans River side of the property extend from 0 to a depth of 6' an average
distance of 260' water ward of NWL. A dense population of southern niad (Najas guadalupenisi) was found in the
waters adjacent to the property within the Perquimans River in a survey conducted in August 6, 2007; however, a
recent survey conducted by the applicant's consultant found no evidence of submerged aquatic vegetation adjacent
to the applicant's property. A small area of water lily (Nymphaea odorata) is located along Raccoon Creek near the
bridge.

Field Investigation Report
Page 3
The property is located in the public trust shoreline Area of Environmental Concern (AEC) and the waters
immediately adjacent to the property are within public trust waters. The dividing line between public trust waters
and estuarine waters is approximately 200' to 400' water ward of NWL along the north side of the property in the
Perquimans River.
Currently there is only one marina operating in Perquimans County, located at Albemarle Plantation. Albemarle
Plantation has a 158 slip marina exclusively for the residents of the Plantation. Fuel and pump -out facilities are available
to the public for a fee.
Development Proposal
The applicant, Tugboat Properties, LLC is requesting a CAMA Major Permit to construct a residential
condominiumltownhome development marina. The proposed development will include the following activities and
structures:
High Ground_Development_Landward-of the 30' Buffer:
(8) condominium buildings with 12 residential units per building = 96 residential units
(2) townhome buildings with 10 residential units per building = 20 residential units
116 residential units
Residential unit parking for 127 vehicles
(3) storm water retention ponds with a total surface area of 21,824 square feet (sf)
Outflow structures in each pond piped to adjacent 404 wetlands
A swimming pool
Pool equipment building
Clubhouse
Tennis Court
Shower and bathrooms (for the pool and marina)
Dockmaster's office and access walkway
Parking lot for 11 vehicles with boat trailers using the onsite boat ramp
Fuel tanks
Associated infrastructure
High Gro_ und_ Dev-e_lopment within the-30'-Buffer.:
Boardwalk (elevated walkway) 150'x 10'= 1,5O0sf
Walkway to the Dockmaster's Office-
20'x 10' = 2O0sf
Boat ramp -
excavate and concrete 20'x 30' = 600sf
2,3O0sf
High ground excavation within
the 30' buffer for the boat ramp = 55 cubic yards (cy)
S Bottom: Boat ramp (Concrete) 35' below NWL x 20' = 700sf (Overlapping impact not added to total)
Excavation below NWL 65'x 20' _ L30Osf Total
2' Ave. depth (65'x 20') = 27 = 96cy

Field Investigation Report
Page 4
Wetland Development within the 30' Buffer:'
(2) walkways over wetland: 2(10'x 20 ") = 400sf
Boardwalk 1,130'x 10' = 11,300sf
11,700sf Total
Wetland Development outside of the 30' Buffer (Public Trust Shoreline AEC)
(2) Walkways: 210'x 10'= 2,100sf
225'x 10'= 2 250sf
4,350sf Total
jotal.Wetland Impacts
Open Water: Pier "A" 462'x 8' =
3,696sf
Pier "B" 442'x 8'=
3,563sf
Finger Piers 48 x 24sf =
1,152sf
(2) T- Head platforms
2(56'x 10') =2 x 560sf =
1,120sf
(2)Boat ramp docks
2(50'x6') =
600sf
10.104sf Total
11,700sf
4,350sf
16,050sf
There will be 100 free standing tie piles in association with the proposed 100 boat slips. A "No Wake" buoy is also being
proposed approximately 180' north of the proposed pier alignment. The fuel dispenser will be located at Pier W's T-
Head along with the Pump -out facility. Effluent from the pump -out facility will be piped to the Town's sewer system
In 2007, an Environmental Assessment was submitted to the NC Division of Coastal Management for a residential
development with a 100 slip marina on the property in question. In March of 2008, a Finding of No Significant Impact
was issued to Hertford Bay Development, LL. Changes to the overall project, include a reduction in the total land area
that also contained a remote parking lot for boat trailers. Environmental Assessments are no longer a required
precursor to the CAMA process.
As proposed, all slips within the marina will be exclusively for inhabitants of Hertford Bay Marina's residential community.
A fuel dock and pump -out facility will be available to nonresident boaters and will be located at the end of Pier "A ". Fuel
storage tanks will be located on high ground 40' from NWL, southeast of Pier "A ". Waste from the pump -out facility will
be direct piped to the Town's sewer system. All of the 100 slips will be 25' in length. Slip widths will be as follows: (12)
at 19', (76) at 15' and (12) at 12'. According to the narrative it is anticipated that the marina will accommodate vessels
up to 50' in length. Water depths at the end of the pier are approximately -6.2'. In August of this year a survey
conducted by the applicant's consultant Atlantic Environmental Consultants, LLC found no submerged aquatic
vegetation within or adjacent to the project area.
Both pier platforms (including fuel and pump -out facilities) and 21 of the 100 slips will be constructed within the Estuarine
Water AEC; the remaining slips along with the proposed boat ramp will be located within the Public Trust Water AEC.
The proposed boat ramp will be located within Public Trust Waters.

Field Investigation Report
Page 5
Anticipated Impacts
1) While vegetation was not found within the project area in August of 2013, submerged aquatic vegetation was
documented within the project area on August 7, 2007. While not currently present southern niad (Najas
guadalupenisi) has been documented within the project area. The proposed marina will adversely impact the
future growth of SAVs in the area.
2) Shading of 10,131sf of water bottom from piers and platforms.
3) Shading of 16,050sf 404 wetlands from boardwalks and walkways.
4) Short term construction impacts will result in the temporary loss of wetland vegetation adjacent to elevated
structures.
5) Construction impacts will result in reduction in vegetation density and diversity under the proposed walkways
and board walk.
6) Short term construction impacts will include the lowering of the wetland substrate under and adjacent to the
walkways and boardwalk.
7) Increased boating traffic involving up to 100 vessels immediately outside of the proposed no wake zone will
result in increased wave action along adjacent shorelines, causing a greater risk for shoreline erosion.
8) Jetting pilings for the marina will result in temporally suspending sediments in the water that can disrupt aquatic
vegetation outside of the project area.
9) Along the shallow waters of the proposed marina prop wash may cause resuspension of sediments within the
water column.
10) The proposed development will permanently disrupt animal populations within the project area.
11) Vessels fueling at the marina run a risk of discharging fuel into the surrounding water body.
12) Displacement of 1,300sf of water bottom from excavation associated with the construction of the boat ramp.
Submitted by: Lynn W. Mathis
Date: September 18, 201
Revised: October 8, 2013

From: Mathis, Lynn
Sent: Thursday, October 10, 2013 9:13 AM OCT 1 0 2013
To: dgodfrey @perquimanscountync.gov, Huggett, Doug; Owens, Charlan; Hart, Kevin;
Fowler, Patti; Higgins, Karen; White, Joey; Scarbraugh, Anthony- Mcclain, P t
Cc: Pace, Kenneth D; Gledhill -earle ,Renee; Dunn, Maria T.; $outherl , C s
'�, v u
Subject: Tugboat Properties, LLC CAMA Major Permit Application
Attachments: Memo - Tugboat Properties Major Permit App..doc; Tugboat Properties, LLC Major
Permit Field Report.doc
Please find attached a Memo and Revised Field Report. As noted in the Memo, there is no substantive change to the
report, just a cla ifrcation on page 4. Please refer to the attached memo.
Lynn W. Mathis
NC Division of Coastal Management
Environmental Senior Specialist
District Compliance & Enforcement Representative
1367 US 17 South
Elizabeth City, North Carolina 27909
Phone:[phone] Ext. 234
Fax: [phone]
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