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HomeMy WebLinkAbout20230150 Ver 1_CAMA Application_20230131ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM: NORTH CAROLINA Environmental Quality January 31, 2023 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregq.bodnar(cDncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Baily Point Subdivision HOA Project Location: Lot #40 Baily Point Subdivision SR 1725 Proposed Project: Bailey Point Subdivision HOA proposes to install a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 22, 2023. If you have any questions regarding the proposed project, contact Ashley Grandy (252) 948-3854 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME AGENCY SIGNATURE DATE D EQ �� North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 Department ofEmvonmeme r� /'� 252.946.6481 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM: NORTH CAROLINA E'nylronmen tal Quality January31, 2023 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04.16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Bally Point Subdivision HOA Project Location: Lot #40 Baily Point Subdivision SR 1726 Proposed Project: Bailey Point Subdivision HOA proposes to install a boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by February 2Z 2023. If you have any questions regarding the proposed project, contact Ashley Grandy (252) 948-3854 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" PRINT NAME AGENCY SIGNATURE DATE 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. P— North �Carolina Department or Environmental Quality I Division of Coastal Management Washington Office f 943 Washington Square Mal! I Washington, North Carolina 27889 252.946.6481 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bailey Point Subdivision HOA c/o William Wilson 2. LOCATION OF PROJECT SITE: lot #41 within the Bailey Point Subdivision located of SR 1725 between Bath and Belhaven in Beaufort County, North Carolina 35025'44" N 76°38'35" W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 24 October 2022 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received — 9 January 2023 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Beaufort County Land Classification From LUP — Conservation (land), Conservation (water, wetlands) (B) AEC(s) Involved: EW, PTA, CS (C) Water Dependent: YES (D) Intended Use: Private Subdivision (E) Wastewater Treatment: Existing - NIA Planned - NIA (F) Type of Structures: Existing — pier, platform Planned - boat ramp (G) Estimated Annual Rate of Erosion: NIA Source - NIA 7 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands ±525 ft2 boat Creek bottom ramp Other FC + 1,125 ft2 boat Highground ramp access (D) Total Area Disturbed: t0.04 acres (f1,650 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA, HQW, NSW Open: No PROJECT SUMMARY: Bailey Point Subdivision HOA proposes to install a boat ramp. Bailey Point Subdivision HOA CIO William Wilson, HOA President Lot #41 Bailey Point Beaufort County Project setting Mr. William Wilson, Bailey Point HOA president has submitted on behalf of Bailey Point Subdivision, has submitted the attached application for the construction and installation of a boat ramp on lot #41 within the Bailey Point Subdivision. Bailey Point Subdivision is located of SR 1725 between Bath and Belhaven in Beaufort County. Bailey Point is located on Bailey Creek which drains to North Creek then to the Pamlico River. The site is a ±1.84 acre lot owned by the Bailey Point Homeowners Association. The lot has approximately 180 linear feet of shoreline which fronts Bailey Creek. The site is approximately 2.0' feet above Normal Water Level. A large portion of the lot contains Coastal Wetlands with approximately 20 linear feet not delineated as Coastal Wetlands. Prior to the development of the subdivision the property was owned by Weyerhaeuser and maintained as a pine production plantation. This lot along with the others had previously been rowed and bedded with pine trees planted on the crest of the bed. The proposed boat ramp is located on the crest of a pine tree bed. This location has sufficient elevation that Coastal Wetlands are not present in this location. The lot is vegetated with loblolly pine trees (Pinus taeda) and sawgrass (Cladium jamaicense), Bulrush (Scirpus spp.) and Salt Meadow Grass (Spartina patens). Both adjacent lots are undeveloped single family residential lots. A pier with platform is located on the lot. Bailey Creek is designated as Joint fishing water. The lot is subject to the Tar - Pamlico Riparian Buffer rules with the NC Division of Water Resources, Bailey Creek is classified SA, HQW, NSW by the Environmental Management Commission and is closed to shellfishing. There were no submerged aquatic vegetation (SAV) present in the project area during the site visit. Project description The applicant proposes to construct and install a 15' wide by 35' long boat ramp to reach the -4.0' water depth. The approach to the boat ramp is proposed to be the same width as the portion of ramp below NWL and extend through the 75' Coastal Shoreline Area of Environmental Concern. The location and orientation of the boat ramp was chosen to avoid any Coastal Wetland impact. Anticipated impacts The construction of the boat ramp will result in the filling of ±525 ft2 of Creek bottom. Approximately 1,125 ft2 will be disturbed for the construction of the boat ramp access travel way. The project will result in localized short-term turbidity from the construction of the boat ramp. Kelly Spivey 23 January 2023 William Wilson Bailey Pointe HOA President 2 Shipwreck Dr Belhaven NC 27810 captnbiII43@gmail.com 848-373-6613 RECEIVED November 24, 2022 IAf� f 2023 NC Division of Coastal Management CAMA Project Narrative for Bailey Pointe HOA Boat Ramp DAN AR The proposed boat ramp has been requested by the lot owners of Bailey Pointe Subdivision. The proposed boat ramp would be located on Bailey Creek from the community lot, #41, currently used by the community. The dimensions of 15'Wx 40'L would provide lot owners a means of local access for the launching and retrieving of watercraft for pleasure and storm evacuation as here is no local access nearby. The area will be silt fenced along the divided area of upland and coastal wetlands, the ramp will be of a concrete slab framed and poured 6" thick on site with appropriate rebar for strength then slid into place along the river bottom to a depth of 4'. Hog slats along with ABC stone will make up the 75' of the approach to the ramp. Two pine trees located in the upland will be removed for the ramp approach. The property is maintained by Bailey Pointe HOA and accepts the responsibilities of maintaining the ramp and approach. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401certification request within the applicable reasonable period of time. Bailey Pointe Boat Ramp Narrative Prepared By: William Wilson Date:11/25/2022 Page 1 of 2 RON RIM RECEIVED APPLICATION for JAN 9 2023 Major Development Permitg{p (post nvl"d 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (it applicable) Bailey Pointe HOA Boat Ramp Applicant 1: First Name MI Last Name Wilson William J Bailey Pointe HOA President Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 37 Channel Marker Ct City Belhaven Slate NC ZIP 27810 Country Phone No. FAX No. 848-373-6613 ext. Street Address (if different from above) City State ZIP Email captnb11143@gmail.com 2. Agent/Contrector Information Business Name Agent/ Contractor 1: First Name MI Last Name Wilson William J Bailey Pointe HOA President Agent/ Contractor 2: First Name Mi Last Name Mailing Address PO Box city State 2 Shipwreck Dr Belhaven NC ZIP 27810 Phone No. 1 Phone No. 2 848-373-6613 ext. ext. FAX No. Contractor # Street Address (it different from above) City State ZIP Email captnbi1143@gmall.com <Form continues on backer 252.808-2800 .. 4-888-411COAST .. www.nccoastatmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 4. Site Description a. Total length of shoreline on the tract (it.) b. Size of entire tract (sq,ft.) 180, 80,150 c. Size of individual loi(s) d. Approximate elevation of tract above NHW (normal high wafer) or 1.84 apres NWL (normal water level) (if many tot sizes, please attach additional page with a list) ❑NHW or ®NWL 2' e. Vegetation on tract Coastal Wetlands, Upland Grasses, Pine Trees, Hardwood Trees,Wooded Wetlands t. Man-made features and uses now on tract Community Dock g. Identify and describe the existing land uses g_diacenj to the proposed project site. Single home housing, Residential h, How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NIA (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes [XNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes (RNo DNA If yes, by whom? f. 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 pagea RECEIVED 252.-808.2808 :: 1-888-4RCOAS :: www.nccoastatnianagernent.�AN 0 9 2023 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Wes ❑No (ii) Are there coastal wetlands on the site? ['Yes []No (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? [RYes []No (Attach documentation, if available) Coastal Wetlands by DCM at Location of Proposed Boat Ramp n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. Community has city water p. Describe existing storm water management or treatment systems. Existing drainage ditch from roadway S. 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. Private community access to launch and retrieve small personal water crafts for leisure as well as for storm evacuation 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. one 40'X15' concrete slab 6" thick with appropriate rebar for strength pushed into location with one excavator, Along boat ramp approach d. List all development activities you propose. Only adding one boat ramp to an already existing community accessible lot for private use e. Are the proposed activities maintenance of an existing project, new work, or both? New work to an existing community lot f. What is the approximate total disturbed land area resulting from the proposed project? E]Sq.Ft or ❑Acres 1125 for ramp approach and 300 for the ramp in the water g. Will the proposed project encroach on any public easement, public accessway or other area []Yes XNo [_-]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NIA i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes [XNo ❑NA j. Is there any mitigation proposed? ❑Yes [ANo ❑NA If yes, attach a mitigation proposal. <Form continues on backer RECEIVED �`52.808•1808 .. 1-888-4RCOAST wwvv-nccoastalmanagement.net ' Form DCM MP-1 (Page 4 of 4) 6. Additional Information APPLICATION for Major Development Permit 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. Itoms (a) — (0 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. See attached Narrative Pages 1-2 b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to disfinguish between work completed and proposed. See attached Plat Drawings pages 1.3 c. A silo or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the ile. �ee attached Site Maps 1-3 d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. o. 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 Kathleen Garrison Lot #42 Phone No, Address 1715 Tarrytown Ave Crofton MD 21114 Name Gary Darnell Lot # 40 Phone No. Address 8700 Scenic Green Circle Apt #12207 Fort Worth, TX 76244 817-709-9153 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. 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) A statement of compliance wilh the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the proiect 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 11/`25/2022 Print Name William Wilson, HOA President Signature W Please indicate application attachments pertaining to your proposed project.RECEIVED UDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development )AN C' 9 2023 ❑DCM MP-4 Structures Information 252-808-2808 11•888.4RCOAST ., www-nccoastalmanagement.net Dorm DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Length Width Avg. Existinc Depth Final Project Depth Access Other Chan el (NLWor Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL Breakwater shoreline stablllzation 15' 4' NA NA 4' NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. d c. V) Does the area to be excavated include coastal wetlands/marsh WWI. submerged aquatic vegetation (SAV), shell bottom (Se). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV [:]BB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 0This section not applicable b. Type of material to be excavated. d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL X This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA ❑Yes ❑No []NA (ii) If no, attach a letter granting permission from the owner. 00 If yes, where? e. 0) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feel alected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposal in these areas: RFOEIVED 9 2023 -w Al A R CI 252-808-2808 :: 1.888.4RCOAST a www.nccoastaimanagement.net revised: 12126106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. f ype of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, stale amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material, 4. OTHER FILL ACTIVITIES §jThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. (1) Will fill material be placed in coastal wetlandslmarsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? 51 VS' 1t��S'hLL� c. (i) Will navigational) aids be required as a result of the project? d. ❑Yes No A (ii) If yes, explain what type and how they will be implemented. One excavator to push the ramp in place (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes 5ONo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. ee �/ rp^�� 917 ,,EI it ED 1/"3'. t Date Applicant Name�f Wiliam Wilson, HOA President Project Name Bailey Pointe Boat Ramp Applicant Signaturg 252-308-2303 c: 1-388-48COAST :: net rQvised: •f 2126/06 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 b. Number of lots or parcels. proposed. 15` boat ramp approach c. Density (give the number of residential units and the units per acre). NIA 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 50NA (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. 13% Boat Ramp Approach i. Give the percentage of the entire tract to be covered by impervious andtor built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. .01 % j. Describe proposed method of sewage disposal. NIA I. 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 one d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 1125 sgft f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Gravel/Hog Slats 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 [ANA (ii) If yes, list the date submitted: NZA k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No {MINA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ❑No ®NA RECEIVED If yes, attach appropriate documentation. wti (' 9 2Q?.3 252.808-28082 :: 9-888.4RCOAST :: www.nccoastalmana�ement._net revised: 12126106 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) None Proposed o. When was the lot(s) platted and recorded? Date f 1 /2512022 Project Name Bailey Pointe Boat Ramp Applicant Name William Wilson, Bailey Pointe HOA President Applicant Signature / J r, f. — n. (i) Will water be impounded? [--]yes ONO ❑NA (ii) If yes, how many acres? p- If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes IdNo ❑NA RECEIVED JAN 0- 9 2023 252-808-2808 ;: 1-888-4RCOAST :; www.nccoastatmanag_ement.net revised: 12I26166 ��: •�:`r: SDPED A) CD 2. OD coCD O N O w a' w � 3 0 s� Cr D CD CD 3 CD 0 ccnn T 0 C Q N O � N i I .S in O, { r — O • LQ ti Al CS :T O Ln n CD -0 a 0 r= 0 = Ln o m ? cc cD cy 5' S CD CD y _In RECEI i .' JAN f �i 2023 �� � a FA �z r C) Q W n O 1 1 1 � 1 1 To Ow "a c 2. 00 N _= m N W' cT N 3 w O CD l^ ) CD 77 t) C IAA a�A? 14R 0