HomeMy WebLinkAbout20181108 Ver 4_More Info Received_20230324Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#* Version* 4
20181108
Is this project a public transportation project?* Yes
No
Reviewer List: * Shelton Sullivan:Shelton.Sullivan@ncdenr.gov
Select Reviewing Office: * Central Office - (919) 707-9000
Does this project require a request for payment to be sent?
Yes
No
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
Project Contact Information
Name: Steve Trowell
Who is submitting the information?
Email Address: stevejtrowell@gmail.com
Project Information
Existing ID #: Existing Version:
20181108 v4
20170001(no dashes) 1
Project Name: TJ's Transient Marina
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
Is this project connected with ARPA funding?
Yes No
County (ies)
Beaufort
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Sheets 1_2.pdf 4.17MB
BA Response Attachment no. 1-9.pdf 2.53MB
February 2023 BA More Info Response.pdf 199.73KB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
i ne purpose or rnis aocumenr is ro suoma aaamonai inrormaton as requesrea oy me ivorrn tuarouna uivision or
Water Resources regarding the ongoing processing of a Buffer Authorization application submitted by TJ Land
Development LLC on September 30, 2022. A more information response to this application was received by the
applicant on December 5, 2022 by email. A meeting was conducted in the Washington Regional Office on
January 10, 2023 between the applicant and DWR staff to discuss a modified project proposal in response to
DWR staff concerns and to review the requested additional information. provided by the applicant to DWR. As a
result of this meeting DWR staff provided "Meeting Notes and Feedback" in a document emailed to TJ Land
Development on February 24, 2023. That document was used by the applicant as a guide in developing this
more information submittal (Attachment no. 1).
1. BUFFER TOPICS
A. Buffers/Generally
A. Buffers -Generally
1. Present and ongoing use exemption:
a. The existing buffer on Tract A, except for the maintained gravel driveway/parking area adjacent Boat Harbor
Canal, is vegetated with maintained lawn grasses and 18, mainly loblolly pine trees, along approximately 1,500
linear feet of shoreline. These trees are on or near the top of bank and are subject to topple during wind events.
Much of the area delineated and approved as impervious surface in the buffer is vegetated with lawn grasses
growing through gravel and compacted soils. The majority of the 18 trees are located at the confluence of
Baker Creek and Boat Harbor Canal. The northern shoreline of Tract A experiences ongoing erosion, mainly
boat wakes created by boats entering the channelized Battalina Creek/existing boat harbor decelerating off a
plane creating large wakes and this shoreline is actively eroding resulting in the loss of trees in this area since
January 1, 2000. There is one pine tree remaining on the northern shoreline of Battalina Creek. The lawn
grasses on the entire Tract A are maintained/mowed to the top of bank and around to the base of the trunk of
the existing trees. This regular mowing was an activity present prior to January 1, 2000 and is ongoing at the
present time. The North Carolina Administrative Code (NCAC) 02B.07346(b) describes existing and ongoing
uses that exempt areas of the riparian buffer and is stated as follows: "Existing and ongoing uses shall include,
but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities,
maintained lawns (i.e. can be mowed without a chainsaw or bush -hog), existing utility line maintenance
corridors and on -site sanitary sewage systems, any of which involve either specific periodic management of
vegetation or displacement of vegetation by structures or regular activity." Re -development of existing
impervious surfaces present/existing in the buffer have not been subject to buffer requirements in the past by
DWR staff. Existing impervious surfaces including an existing building, concrete pad, parking area and or
driveway in the buffer could be replaced in the same location in the buffer within the existing footprint. The
exemption of the entire TJ Land Development project site in 2018 (DWR Project ID 2018-1108 v1) was based
on impacts from previous use and based on existing impervious surface coverage. Documentation and an
explanation of the decision is found in the attached email (Attachment No. 2) sent by DWR 401 staff member
Mr. Anthony Scarbrough on February 18, 2018. In this email Mr. Scarbrough states, "At the conclusion of this
meeting, DWR staff determined the site was highly impacted from commercial traffic and from previously
existing impervious, therefore the previously filled area (outside the flagged coastal and 404 wetland areas) of
the site would be considered "Exempt" from the Tar -Pamlico Riparian Buffer Rules." I have attached a Google
Earth image of the site from February 2017 (Attachment No.3) to give DWR perspective of the 2018 site
conditions prior to Anthony Scarbrough and other DWR and DEMLR staff's site visit on February 18, 2018. The
DEQ staff that conducted the site review are listed in the email. The use of this property as a wholesale
fishhouse had ceased for nearly a decade. There were significant large areas on the 2018 project site with
similar site characteristics to the current project site that were exempted in 2018 by DWR staff. As a result, the
applicant did not anticipate the current DWR staff's concern with buffer impacts.
b. There is no "assuming" that there are areas with existing and ongoing uses within the Tar -Pamlico Buffer.
Using the word "assume" is concerning to the applicant that DWR staff seemingly lacks a familiarity with the
site and how it is being used daily and have not reviewed any documentation submitted to support this
assertion. An exemption request that included supporting documentation was submitted to DWR on October
24, 2022. To date the applicant has not received any specific information from DWR staff as to exactly where
on the property an exemption to the Tar -Pamlico Buffer can be applied. The proposed buffer in the original and
modified current project site plan "remains similarly vegetated, except for a greater density of trees will be
planted, no built upon area is proposed within the buffer other than a water dependent dock, all existing built
upon areas (existing impervious surfaces) are to be removed, and the stormwater requirements are met and
supported by the DEMLR Stormwater Section Engineers (Attachment no. 9).
2. Table of Uses
a. The excavation of upland buffer areas for the purpose of creating mooring space are typically referred to as
an upland boat basin by other federal and state regulatory agencies and their rules governing this type of
development can be found in their respective agency rules governing water dependent development. The North
Carolina Coastal Resource Commission in conjunction with Division of Coastal Management staff has
developed rules governing marina development in the designated 20 coastal counties. The Division of Coastal
Management and the Coastal Resource Commission's rules encourage marina siting in upland basins. The
Coastal Resource Commission's rules regulating upland basin and canal excavation are found in 15A NCAC
7H.0208(b). The rule is the specific use standards for the Public Trust Area, Area of Environmental Concern
that regulates water dependent uses and development in the 20 Coastal Counties. Basin and canal excavation
as well as marina development are considered by DCM as a water dependent activity. The CRC's rules
administered by DCM staff pertaining to the siting of marinas list 4 criteria in order of preference used to
evaluate a marina location found in NCAC 7H.0208(b)(5)(i-ii). A marina in an upland basin is the most preferred
by rule and staff regulating marina development. The Tar -Pam Buffer Rule in the Table of Uses list "Water
Dependent Structures" as Allowable Upon Authorization, 15A NCAC 02B.0734(11)(tt). The Table of Uses does
not list specific water dependent structures but refers to the Environmental Management Commission's
definitions found in 15A NCAC 02B.0202. Water dependent structures are defined in .0202(59). The definition
states in part "to mean those structures that require access or proximity to or siting within surface waters to
fulfill its purpose..." An upland boat basin requires access to and an immediate adjacent proximity to surface
waters and therefore based on this definition, falls within the definition of a water dependent structure found in
15A NCAC 02B.0202(59).
To excavate an upland boat basin requires modification of the existing shoreline and associated existing
buffers. It is not practical to dig an upland basin without impacting the existing buffer. The largest area of
uplands to be excavated to create a basin for this project proposal was chosen due to it's proximity to and
alignment with the channel flow within the existing excavated channel for the purpose of flushing of the basin.
The further widening of Baker Creek or Boat Harbor Canal to meet the proposed number of slips would create
a right-angled basin to the main channel flow and would create potential problems with flushing of the proposed
basin. The proposed canal widening in Baker Creek and Boat Harbor Canal is limited to what is necessary to
comply with the Settlement Agreement (Attachment no. 4) between the applicant and an adjacent riparian
property owner. It is not practical to design an open water marina in Battalina Creek without digging an upland
basin due to impacts to navigation, a concern raised by an adjacent riparian business owner and the main
concern of the settlement agreement. The elimination or reduction of upland excavation along the northern
shoreline in Battalina Creek would reduce the number of proposed slips by as much as 16 slips, reducing the
number of possible slips by nearly half.
3. Site plan/quantification of buffer impacts
The existing pre -impact buffer lines (Zone1 and 2) along with the specific existing area square footage existing
in each Zone (Attachment no.5, sheet 1). The post -impact buffer Zones 1 and 2 are shown with on the plan as
well with the same corresponding information. Sheet 2 of Attachment 5 has the proposed planting plan for the
buffer re-establishment plan.
B. Buffers -Tract A
1. Avoidance and minimization
a. As a measure of avoidance and minimization, the current project site was chosen over other potential sites,
within the Town of Belhaven and in proximity to the Atlantic Intercoastal Waterway, because this site was
already heavily impacted from the excavation of Battalina Creek and adjacent Coastal Wetlands marsh to
create uplands and a navigable channel. Impacts to fishery and wildlife habitat associated with these past
excavation activities coupled with recent past permit decisions to authorize excavation of access channels in
Battalina Creek near the northern shoreline of Tract A led to the purchase of this property by the applicant and
current project design. Major CAMA/Dredge and Fill permit no. 115-18 (DWR Project no. 2018-11080) was
issued on October 8, 2018 authorized excavation of the marked channel in Batalina Creek to the proposed
project site and beyond to a final depth of minus 6.0' below the normal water level (NWL). Major CAMA/Dredge
and Fill permit no. 35-22 (DWR Project no. 2021-1814) issued on April 4, 2022 authorized excavation of a
channel from the Sargent Canal to the channel authorized by Major CAMA/Dredge and Fill permit no. 115-18.
These permits were issued based on "no significant adverse impact" comments/concerns raised by other
regulatory and review agencies, most importantly the Fishery Habitat Specialist with the NC Division of Marine
Fisheries. Battalina Creek is designated by the NC Marine Fisheries Commission as a Coastal Waterbody and
as a Primary Nursery Area and the Fishery Habitat Specialist is the recognized habitat expert in Coastal
Waterbodies in this region. The NC DMF Habitat Specialist did not raise any significant adverse impact
concerns over impacts to fishery habitat in the original basin design for this project, however NC DWR is still
concerned with the proposed excavation in Battalina Creek and adjacent uplands. His official written comments
to DCM regarding the TJ Land Development LLC Major CAMA/Dredge and Fill application are attached
(Attachment no. 6). To avoid and minimize and address NC DWR concerns with the proposed excavation in
Battalina Creek the area excavated in Battalina Creek has been reduced by 50%. This reduction was
accomplished by eliminating the excavation between the Sargent Canal channel to the proposed fuel dock in
the basin on the northern shoreline of Tract A (Attachment no. 5, sheet 1). The existing vegetation in the buffer
along the northern shoreline of Battalina Creek is limited to regularly mowed lawn grasses. An activity that has
been ongoing since January 1, 2000. There was some loblolly pines growing on the top of bank in this area.
Erosion exposing the tap root has resulted to these trees toppling during northly wind events. The re -planting of
the buffer vegetation along the shoreline of Tract A including the northern shoreline will include two different
species of hardwood trees at a density off 68 trees per acre greater than the 11 trees per acre that exist today
and prior to January 1, 2000. The purpose and need for a transient marina in the town of Belhaven was
recently supported by the US Fish and Wilidlife "Boating Infrastructure Grant" (BIG Grant) program. TJ Land
Development LLC was notified on March 9, 2023 by Ms. Vicky Pohoreskey, Federal Aid Coordinator with the
NC Division of Marine Fisheries, who administers the BIG grant program in North Carolina, that a Tier II Level
BIG Grant had been approved for funding to TJ Land Development LLC. The amount requested was $900,000
(Attachment 7). A Tier II grant is a competitive annual grant process in which potential projects compete at a
national level.
Side dock
a-b.
Another avoidance and minimization measure is to limit the "side dock" width to 6' within the Tar -Pam Buffer.
There is an 8' wide side dock (Dock B) proposed in the basin created by excavation of the Battalina Creek
shoreline. Dock A in the buffer is an open, slated, 6' wide dock and is purchased prefabricated out of concrete.
Underneath (See Attachment no.8) the side dock will be a feature to encourage infiltration of stormwater runoff
that reaches the dock area from adjacent uplands. This infiltration feature will be constructed by excavating a
trench behind the bulkhead and in the footprint of the dock approximately 1' deep. The trench will be lined with
a geotextile fabric then backfilled with washed stone.
2. Reestablishment of a 50' buffer
a.
To minimize disturbance, preserve aquatic life and habitat and protect water quality this project proposes to
maintain and reestablish a better functioning 50' wide vegetated buffer around the newly excavated basin.
Currently there exist 14,314 ftz of impervious in Zone 1 and 9,983 ftz in Zone 2. Stormwater runoff impacting the
adjacent surface waters is greatest from these adjacent impervious surfaces with a buffer vegetated by lawn
grasses only. The delineation of these impervious surfaces has been approved by the Division of Energy,
Mining and Land Resources Stormwater Section staff who issued a Redevelopment Exclusion from a Coastal
Stormwater permit based on the original project design submitted on June 28, 2022 (Attachment no.9). The
letter from the DEMLR Stormwater staff states in part "the proposed stormwater control measures provide
equal or better protection of surface waters than the existing stormwater control measures." The current project
proposal eliminates all impervious surfaces/built upon areas within the Tar -Pam buffer. All remaining impervious
surfaces post excavation will be undercut to remove gravel and asphalt millings. Compacted soils in these
areas will be ripped and disked to loosen soil compaction. Where needed topsoil will be trucked in to replenish
and level depressions left after these activities. The topography of the site will remain flat absent of any areas
with concentrated stormwater conveyances. Existing woody vegetation on Tract A is limited to certain areas
along Baker Creek and Boat Harbor Canal and the widening will remove this woody vegetation. The excavation
of the project site shoreline will result in the removal 18 pine trees along a total of 1, 500 linear feet of shoreline
or 11 trees per acre within the existing buffer. The disturbed/excavated areas will be re -vegetated in an "in kind"
manner (pre -project site conditions with additional woody vegetation) with lawn grasses and with a denser
stand of woody vegetation to include native hardwood trees, dogwood (Corpus florida) and live oak (Quercus
virginiana) The live oaks will be planted in line 25' landward of the bulkhead spaced 20' apart and the
dogwoods will be planted 40' off the bulkhead spaced 20' apart. The proposed plantings will result in 81 trees
per acre, far exceeding the 11 trees per acre that exist on the site today. The spacing of the trees is due in part
to avoid interaction of the roots with the bulkhead tie back system. Proposed tree plantings will occur during the
dormant period for tree growth in this region. The first fall/winter after project completion on Tract A, bare root
seedlings as well as 25-gallon tree saplings will be planted and maintained with a 3' diameter ring of mulch 4"
to 6" thick. The mulch ring will be maintained as needed to reduce and prevent competition from grass and
weeds and to prevent interactions with mowing equipment. The survival of these saplings will be monitored
annually and replaced as needed. An annual report including photographs of the tree plantings will be
submitted to DWR staff in the Washington Regional Office in April of each year for 5 years following planting.
4. Perpendicular pedestrian access to side dock
Also, as another avoidance and minimization measure there will be no pedestrian boardwalk(s) built through
the buffer to the proposed side dock. There will be no vehicular traffic other than mowing equipment to maintain
the lawn grasses.
C. Buffers along Sargent Canal
1. Although the Sargent Canal is not subject to the Tar -Pamlico Buffer Rule, the planting of live oaks is
proposed with similar spacing as proposed on Tract A (Attachment no. 5 sheet 2).
.....Sign and Submit...........................
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
sue' �o�rr�l
Submittal Date: 3/24/2023
Is filled in automatically.