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HomeMy WebLinkAbout20080922 Ver 4_CAMA Application_20230411ROY COOPER Governor ELIZABETH S. BI-S,ER BRA TON DAVIS, Director January 12, 2023 MEMORANDUM: NORThf C;AROLINA, Environmental Quality FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5413 (Courier 11-12-09) curt.weycherta-ncdenr.gov SUBJECT: CAMA Application Review Applicant: Beaufort Village Landing Association, Inc. Project Location: 2511 Front Street, Beaufort, Carteret County Proposed Project: Maintenance Dredging & Expand existing Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by February 9, 2023, If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. 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. North Carolina Department of Environmental Quality I Dvisiean of Coastal Management Morehead City Offices 1 400 Convnwcee Averme (Moorehead Oty, North C.,rarafina 28557 1,52,8082806 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jason Skladan Project NAME: Beaufort Landing Village Marina 2. LOCATION OF PROJECT SITE: Adjacent to an existing USACE, Federal Channel within Taylor Creek at 2511 Front Street, Beaufort, Carteret County. Coordinates: Longitude: 76'3758.85" Latitude: 34'4234.21" INVESTIGATION TYPE: D&F, LAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12-8-2022 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received- 12/2/2022 Application complete— 12/19/2022 Office — Morehead City 6. SITE DESCRIPTION,. (A) Local Land Use Plan — Town of Beaufort Certified January 6, 2007 Land Classification from LUP — Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing— Town of Beaufort Planned — None (F) Type of Structures: Existing — Pier, platforms, finger piers, wet slips Planned -- maintenance excavation, pier, platform, finger piers, floating platforms and associated pilings (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (A) Shallow Bottom (maintenance 13,693 ft2 N/A N/A excavation) (B) Non Vegetated Wetlands (open N/A N/A 3,988 ft2 water) (incorporated) 1,390 ft2 (Shaded) (C) Coastal Wetlands N/A N/A 175 ft2 (shaded) (D) Other — (high ground N/A 100 ft2 (Spoil N/A disturbance) disposal area) (D) Total Area Disturbed: 13,693 I't 2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: No Field Investigation Report: Beaufort Landing Village Marina Page 02 8, Project Summary: The applicants propose maintenance dredging for a private/community boat basin. The maintenance dredging is proposed to connect to deeper waters towards the center ofTaylor Creek with spoil disposal on site outside of the 30' buffer to be determined at a later date. The applicant is proposing to reconfigure an existing I I -slip marina to a 14-slip marina adjacent to an existing USACE maintained channel. 9. Narrative Description: The proposed Beaufort Landing Village Marina Reconfiguration Project is located in Taylor Creek, a creek adjacent to the Federally Maintained Channel and part of the White Oak River Basin, within the area of Beaufort. The address of the site is 2511 Front Street, Beaufort, Carteret County. The prqject area is found by turning off of Highway 70 East in onto Turner Street to the south and turning east on Front Street in Beaufort. The high ground property for Beaufort Landing is comprised of 8 multi -family residential buildings totaling 25 units. The property area is 70,550 square feet or 1.62 acres in size and has an existing I I -slip community marina area as well as an observation platform on the southeast corner of the property. The high ground also consists of typical yard grasses, and ornamental trees. The total length of shoreline for this area of the tract is 158.34' along the normal high water line contour and has an elevation of6-8' above NHW. The coastal wetlands along Taylor Creek is comprised mostly of Smooth Cordgrass (Spartina alterniflora), Salt Meadow Grass (Spartina patens) and Black Needlerush (Juncus roemerianus). The Division of Water Quality classifies the waters of Taylors Creek as SC, is not designated as a Primary Nursery Area and closed to the taking of shellfish. The Town of Beaufort's Land Use Plan classifies this area as low and medium density residential with Conservation within the AECs. There are no shellfish resources in the area. The proposed development is a private/community prqject. There are residential and commercial properties to the east and west of the project -area. The Town of Beaufort Land Use Plan classifies this prqject area as residential and the future land use designates this area as medium density residential. This area of "Taylor Creek is not classified as Primary Nursery Area and is closed to the taking of shellfish. The proposed area of is closed to shellfishing. It carries a water classification of SC. Water depths within the marina and dredge area range from -3' nlw to - 15' nlw depending on location, with connecting water depths of -6.0' nlw. No shellfish were observed within the dredge footprint of the project area. Substrate along this area of Taylor Creek is mostly a combination of mud and sand. Field Investigation Report: Beaufort Landing Village Marina Page 03 10. Protect Description: The current proposal is to conduct maintenance excavation of a maneuvering and docking area (basin) to connect to deeper waters toward the center of Taylor Creek. The applicant is proposing to excavate an area below and around the slip areas which will range from 52' to 67' in length and 75' in width. Dredging will be done with a bucket to barge method. A total of 410 cubic yards of material would be removed below nhw. The excavation area within the open water area of "Taylor Creek would be 13,693 ft2. The current bottom contour within the proposed dredge footprint has an existing depth ranging from -3' to -6' nlw. The proposed final depth for the excavation area would be - 6.0' nlw to connect to the similar depths at the most waterward end of"the dredge footprint. The spoils will be taken off -site to a pre -approved spoil disposal location to be determined at a later date depending on the contractor chosen to do the work. The applicant is also proposing to reconfigure and construct a 14-slip marina within the existing footprint of the existing I 1-slip marina. The new facility will be moved waterward in order to conform with the USACE setback within Taylor Creek. The reconfiguration will consist of a 186' x 5' fixed pier with a 22' x 12.5' fixed platform at the most waterward end of the pier. The fixed platform area will connect to a combination of floating platforms and floating finger piers via a 4' x 29' gangway. The first floating platform will provide dockage for 5 wet slips (slips 1-5 on workplan drawings). This 4' x 55' floating platform will be oriented in an east -west direction and. have two (2) 26.5' x 4' finger piers. The second floating platform will provide wet slips for 9 vessels (wet slips 6-14 on the workplan drawings). The second 84,5' x 4 floating platform will be oriented in a north -south direction and have three (3) floating finger piers measuring 23.67' x 4' and one (1) 35.5' x 4'floating finger pier. The applicant is also proposing to construct a 5' x 14' floating platform to serve as a kayak launch. This floating kayak launch will be located on the landward side of the floating platforms directly across from slips I and 2. The facility will have 18 tie -pilings associated with the 14 wet slips. As per the HOA, slips will only be rented to owners within the BUnUt'OTtI.-,undiTfg-Vfftage and willi -lvc-zaboard vessels and operates with a "closed head" regulation that prohibits discharge of overboard sewage, trash, garbage, food materials, petroleum, gasoline, and similar pollutants. "Tenants of the marina are expected to use the pump -out facilities at the Boathouse Marina approximately 500' to the east. Vessel sizes are expected to range from 19' to 30' in length. Field Investigation Report: Beaufort Landing Village Marina Page 04 1, 1. Anticipated Impacts, The maintenance excavation within Taylor Creek would disturb 13,693 ft2 of shallow mud and silt bottom habitat and remove 410 cubic yards of material from the system. Tile increases in suspended sediment and turbidity levels from the dredging will be temporary, occur while the dredging operation is taking place and should be minimal given the bottom composition. Maintenance excavation will likely occur as needed to maintain the operation of these areas. The construction of the marina will also incorporate 3,988 ft2 and shade 1,390 112 of open public trust waters. The reconfiguration of this marina will add three additional formalized wet slips to the previous 11 slips for a total of 14. The construction of the pier will shade 175 ft2 of coastal wetlands and incorporate/shade 75 11 2 of shellfish, however it is important to note that the proposed fixed pier will be in the same location as the existing pier and will not increase any existing shading impacts to coastal wetlands or shellfish. Name: Curt Weychert Date: 12/20/2022 Morehead City Major LAMA Permit Application Beaufort Landing Village Association, Inc. 2511 Front Street Beaufort, North Carolina December 1, 2022 Kathy B. Vinson, AICP Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 Telephone 252-240-9297 kbvinson@ec.rr.com coastalplanningservices@gmaii.com "C C Table of Contents Beaufort Landing Village Association, Inc. Major LAMA Permit Application December 1, 2022 Contents Application Documents DCM MP — 1 Application DCM IMP — 2 Excavation and Fill DCM IMP — 4 Structures Project Narrative Introduction Site Description Project Description Construction Methods 401 Pre -filing Meeting Request Property Deed Authorized Agent Letter Notices to Adjacent Riparian Property Owners Town of Beaufort Claude and Lauren Dudley Project Plans Sheet I of 3 Existing Conditions Sheet 2 of 3 Proposed Dock Plan Sheet 3 of 3 Proposed Dredging, Dock Section, & Calculations BEC 0 2, H'22 Dom MI-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant( Landowner Information ---- ........ . ....... Business Name Project Name (if applicable) Beaufort Landing Village Association, Inc. Beaufort Landing Village Marina Applicant 1: First Name Ml Last Name Jason Skladan Applicant 2: First Name MI Last Name N/A ......... . .. If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 104 Friburg Road NIA New Bern NC ZIP Country Phone No. FAX No. 28562 USA 252 — 670 - 6421 ext. N/A N/A - Street Address (if different from above) City State ZIP N/A N/A NIA N/A - Email ncvolfans@gmail.com 2. Agent/Contractor Information Business Name Coastal Planning Service, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B Vinson AgenU Contractor 2: First Name Ml Last Name N/A N/A N/A Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. 252 - 354 - 4916 ext. FAX No. Contractor # 252 247 5875 N/A Street Address (if different from above) City State ZIP NIA NIA NIA N/A - Email kbvinson@ec,rr-com R" E 0' f"- I P <Form continues on back} vow v,o C c c' ' w, �z �t "'i o tu 1n Z , �1 Form DCM IMP-1 {(Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd, # Carteret 2511 Front Street N/A Subdivision Name City City City State Zip Beaufort Landing Village NC 28516- Phone No. Lot No. (s) (if many, attach additional page with list) N/A - ext. N/A, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Taylor's 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 ElManmade EJUnknown Core Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, Iist the planning jurisdiction or city limit the proposed ®Yes E]No work falls within. Town of Beaufort 4. Site Description a. Total Iength of shoreline on the tract (ft.) b. Size of entire tract (sq.ft,) 158.34 8,715 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) +3Z ENH�W or EINWL e, Vegetation on tract Trees, grass, coastal marsh f. Man-made features and uses now on tract Concrete sidewalk, wooden walkway and platform adjacent to and parallel to Front Street, wooden pier with platforms and finger piers. 9. Identify and describe the existing land uses adjacent to the proposed project site. Public street, municipal park and boat ramp to the east; residential to the west .. .. ........... h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-8 (Riparian Lot) (Attach zoning compliance certificate, if applicable) NYes []No EINA j. Is the proposed activity part of an urban waterfront redevelopment proposal? FlYes ENo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. E]Yes EDNo EINA If yes, by whom? N/A 1. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes ENo EINA ,4 National Register listed or eligible property? 'ECEIVED <Form continues on next page> DEC 0, 2 21322 I'll 4H[,,)GJ`rY 2 0 �Hl k3 0 18 '1 8, "1, i� C, 0 lk i T vv Vv, In q, cJ o,k�: o, vt <5 t4d v n, c Form DCM IMP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (j) Are there wetlands on the site? UYes EJNo 00 Are there coastal wetlands on the site? ®Yes E]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? E]Yes ®No (Attach documentation, if available) . ........ . n. Describe existing wastewater treatment facilities. The project area is served by the Town of Beaufort wastewater treatment system. o. Describe existing drinking water supply source. The project area is served by the Town of Beaufort water system. p. Describe existing storm water management or treatment systems. None . . ..... . . ....... 5. Activities and Impacts a. Will the project be for commercial, public, or private use? OCommercial EIPublic/Government SPrivate/Community b. Give a brief descripbDn of purpose, use, and daily operations of the project when complete. Residential marina will provide water/boating access for residents and guests. . . . . ......... 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. Conventional marine construction, including one barge with pile -driving equipment stored in, deep water, will be used for construction of the docks. A "bucket to barge" process will be utilized for the dredging activity. A barge equipped with a hydraulic clam shell will ecavate the material and, place on the barge. The spoils will be off-loaded, into dump trucks and trucked offsite to a pre -approved spoil disposal site, d. List all development activities you propose. Redevelopment of existing docking facility, maintenance dredging e. Are the proposed activities maintenance of an existing project, new work, or both? Both .......... . ...... --- --- f. What is the approximate total disturbed land area resulting from the proposed project? 325 ESq.Ft or [JAcres g. Will the proposed project encroach on any public easement, public accessway or other area EYes EJNo EINA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow runoff into Taylor's Creek i. Will wastewater or stormwater be discharged into a wetland? E]Yes ENo EINA if yes, will this discharged water be of the same salinity as the receiving water? E]Yes E]No ®NA j. Is there any mitigation proposed? E]Yes E]No UNA If yes, attach a mitigation proposal. E I V E <Form continues on backs Dew 0 2 'Z022 M �,Ip+qjry 21 Z 11 8 () 81 11 2 or� ',,,V V"", VV Wk, c. t W�,:A �4 0 11'0� �0 1 �J 1 8 8 8, 4 C, 4) A ';,3 '1 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6, Additional Informatio-n—­ ............ 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, Items (a) — M 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 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 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. cl. 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 Town of Beaufort Phone No. 252-528-8764 Address R0, Box 390, Beaufort, NC 28516 Name Claude and Lauren Dudley Phone No. Address 2505 Front Street, Beaufort, NC 28515 and 320 Havens Street, Washington, NC 27889 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. Please see Attachment 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. 11 3A 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 to the best of my knowledge. Date :2 Print Nameze'q k-A, -r- 1(4 Signature Please indicate application attachments pertaining to your proposed project. EDCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development EDCM MP-4 Structures Information DEC, ;1) 11 1 X, "t" I i � I I ""! � " n, r,, � !� � I �; 8 1,13 1'1 ill "'), Ic "o!<k �:! V'J v') ' ""t , g t' � ; 4, , as ii S � , $ � � 101 �� � � � ; 'i rl� c I a I "'�' n�. , N I c, 11 Attachment A: Previous CAMA Permits MP-1 Application for Major Development Permit Beaufort Landing Village Association, Inc. MAJORS: Permit # Issued to Issued Date 119-90 Beaufort Landing Village 08/20/1990 Association 148-90 Beaufort Landing Village 10/05/1990 Association 156-95 Beaufort Landing Village 12/28/1995 Association 45-89 Beaufort Landing Village 03/14/1992 Association GENERALS: Permit # issued to Issued Date 38376C Beaufort Landing Village 05/20/2004 38380C Beaufort Landing Owners Assoc 05/14/2004 37231C Beaufort Landing Owners Assoc 04/05/2004 35229C Beaufort Landing Owners Assoc 10/03/2003 33906C Beaufort Landing Owners Assoc 04/15/2003 27080C Beaufort Landing HOA 01/10/2001 24394C Beaufort Landing HOA 01/07/2000 16167C Beaufort Landing POA 03/17/1997 13105C Beaufort Landing Owners Assoc 07/25/1994 49005C Beaufort Landing 06/06/2007 49001C Beaufort Landing 06/05/2007 r'llil"Ili:�v,�l-'I""",� I I E C ; 0 2', � C �,', �. f , y 49752C Beaufort Landing HOA 07/06/2007 49730C Beaufort Landing HOA 07/10/2007 49725C Beaufort Landing HOA 07/03/2007 55270C Beaufort Landing Townhouses 03/09/201.0 55384C Beaufort Landing 04/16/2010 57809C Beaufort Landing Village 03/30/2011. 57897C Beaufort Landing Owners Assoc 04/21/2011 65229C Beaufort Landing Owners Assoc 09/1.8/2014 70120C Beaufort Landing Townhome Condominium Association 03/29/2017 78254C Beaufort Landing Owners Assoc 12/11/2020 78222C Beaufort Landing Village HOA 10/26/2020 79618C Beaufort Landing Owners Assoc 04/08/2021 83802C Beaufort Landing Owners Assoc 09/20/2021 80441C Beaufort Landing Owners Assoc 06/15/2021 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for LAMA 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. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline stabilization ........... ... Length N/A N/A 52' to 67' see N/A N/A N/A N/A project plans Width NIA N/A 75' N/A NIA N/A N/A Avg. Existing N/A N/A -4'NLW N/A NA NA N/A Depth Final Project N/A N/A -6'NLW N/A NA NA N/A Depth 1. EXCA VA TION F1 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. Mud and sand 410 cy . ..... C. (i) Does the area to be excavated include coastal wetlandsimarsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), None or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. RCW E]SAV [JSB OWL NNone (ii) Describe the purpose of the excavation in these areas: N/A 2. DISPOSAL OF EXCAVATED MATERIAL 0 This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Spoils will be placed offsite in a pre -approved disposal location. G. (i) Do you claim title to disposal area? E]Yes ®No EINA (ii) If no, attach a letter granting permission from the owner, e. (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. Elcw ElsAv E]SB OWL lZNone (fl) Describe the purpose of disposal in these areas: N/A Equivalent to a mound 100 feet square, 1.2 feet tall with 31­11V side slopes d. (i) Will a disposal area be available for future maintenance? E]Yes NNo EINA (ii) If yes, where? (i) Does the disposal include any area in the water? E]Yes ®No ONA (ii) If yes, how much water area is affected? NIA 7 Y , D. ,J, fm "z V0 1,, T", p 9,0 E "o v ,s bry nd F:u,rb, V, xi1c. _, o"'I" 3. SHORELINE STABILIZATION El This section not applicable (if development is a, wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: OBulkhead FIRiprap FlBreakwater/Sill ElOther: Width: c. Average distance waterward of NHVV or NWL: d. Maximum 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, f. (i) Has there been, shoreline erosion during preceding 12 months? 0Yes E]No EINA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES El This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? E]Yes E]No 0 NA b. (i) Will fill material be placed in coastal wetlands/marsh (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 (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. E1CW EISAV _ FJSB OWL nNone (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)? N/A Bucket to barge C. (i) Will navigational aids be required as a result of the project? E]Yes NNo EINA (ii) If yes, explain, what type and how they will be implemented. NIA cl� (i) Will wetlands be crossed in transporting equipment to project site? E]Yes ZNo []NA (R) If yes, explain steps that wilt be taken to avoid or minimize environmental impacts. NIA Beaufort Landing Village Association, Inc. Date Applicant Name Beaufort Landing Village Marina C;)(1 � Applicant SignatUe Project Name V E"" 12M,� 121,�11',16 01(� y ""I �,7 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA 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. 1. DOCKING FACILITYIMARINA CHARACTERISTICS a, (i) Is the docking facility/marina: ElCommercial E]Public/Government EPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 186' (iv) Width 5' (v) Floating E]Yes ENo e. (i) Are Platforms included? []Yes E]No If yes: (ii) Number 3 (1 fixed, 2 floating) (iii) Length 22'(fixed), 55', 83.67' (iv) Width 12.5' (fixed), 4% 4' (v) Floating [9Yes ENo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 14 (H) Number of slips existing 11 i. Check the proposed type of siting: F-1 Land cut and access channel EOpen water; dredging for basin and/or channel E10pen water; no dredging required ElOther; please describe: k. Typical boat length: 19' to 30' m (i) Will the facility have tie pilings? [EYes nNo (ii) If yes number of tie pilings? 18 El This section not applicable b. (i) Will the facility be open to the general public? l7lYes ®No d. (i) Are Finger Piers included? ZYes RNo If yes: (ii) Number 6 (iii) Length (2) 265, (1) 31.5'. (3) 23.67- (iv) Width (6) 4� (v) Floating [DYes E]No f. (i) Are Boatlifts included? E]Yes ®No If yes: (4) Number (iii) Length (iv) Width h. Check all the types of services to be provided. 1771 Full service, including travel lift and/or rail, repair or maintenance service El Dockage, fuel, and marine supplies 0 Dockage ("wet slips") only, number of slips: 14 El Dry storage; number of boats: El Boat ramp(s); number of boat ramps: [I Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types. ? I. (i) Will the facility be open to the general; public. []Yes ENo 2 4,034,,P-2,81 �,0,1 c wo,,i'r v,,,,,v,,,vv,. o c c", o a s ;:a, rn ;"t P I "m , it 2. DOCKING FACILITY/MARINA OPERATIONS 0 This section notmappiicabte . ......... a. Check each of the following sanitary facilities that will be included in the proposed project. El Office Toilets [] Toilets for patrons; Number: _; Location: El Showers D Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater, NIA c, Describe the disposal of solid waste, fish offal and trash. Solid waste and recycling will be carried from, boats and placed in neighborhood trash receptacles located on high ground d. How will overboard discharge of sewage from boats be controlled? Not allowed e. (i) Give the location and number of "No Sewage Discharge" signs proposed. One sign will be placed on new dock (iii) Give the location and number of "pumpout. Available" signs proposed. None. Homeowners are expected to use the nearest pumpout, located at the Boathouse Marina within approximately 500 feet of the HOA dock . . .. . . ... ......... . . . ...... 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? N/A h, Give the number of channel markers and "No Wake" signs proposed. None L 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? Not allowed k, Describe design measures that promote boat basin flushing? Dredging to water of equivalent or deeper depth I. If this project is an expansion of an existing marina, what types of services are currently provided? Wet slips only fY d m. Is the marina/docking facility proposed within a primary or secondary nursery area? E]Yes MNo n. Is the marina/clocking facility proposed within or adjacent to any shellfish harvesting area? OYes ONo 0. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. OCW approx. 175 sf shaded EISAV EISB approx. 75 sf shaded EIWL — E]None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? E]Yes ENo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. --- ..... ..... . ---- 3. BOATHOUSE (including covered lifts) 0 This section not applicable a. (i) Is the boathouse structure(s): JJJ DCommercial E]Public/Government E]Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (6) Length (iii) Width 15. BREAKWATER (e.g,, wood, sheetpile, etc.) Z This section 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 0 This section not applicable a. Is the structure(s): E]Commercial E]Public/Government [:]Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) f" 0 7. GENERAL .'t2 , '3 0 8 8 0 8b 'fl 8, R A' C v'oJ", ,, 1 C: CG ,A v a it k, �I V � i�'zV a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities, 39' on the west, 22' on the east 35' on the west, 310'on the east Note.- For buoy or mooring piling, use arc of swing including length ot'vessel. c. Width of water body 480' e. (i) Will navigational aids be required as a result of the project? E]Yes MNo [INA (ii) If yes, explain what type and how they will be implemented. N/A d. Water depth atwaterward end of structure at NLWor NWL -15'NLW 8. OTHER Z This section not applicable a. Give complete description: One gangway measuring 29'x 4' is proposed to connect the fixed platform and main dock to the floating platforms and boat slips. One preconstructed kayak launch measuring 5'x 14'is proposed to connect to the floating dock opposite slips #2 and #3, as shown on project plans, Date / Beaufort Landing Village Marina Project Name Beaufort Landing Village Association, Inc. Applicant Name eR- 9 ej 7' Applicant Signat64 U [- � C" ' L1 ) � 11 ')"1 ""s :' L �� 0' Beaufort Landing Village Association, Inc. Beaufort Landing Village Marina Project Narrative Introduction The Beaufort Landing Village Association, Inc. is the homeowners' association (HOA) for Beaufort Landing Village. The Association is the owner of an existing 11-slip residential marina located at 2511 Front Street |nthe Town ofBeaufort. The Association rents the boat slips exclusively toowners uf property within Beaufort Landing Village. The Association desires to remove the existing deteriorating docking facility and replace with a reconfigured structure to accommodate 14 boats. The new dock will contain platforms, finger piers, tie pilings and a kayak launch. Maintenance dredging mfthe marina isalso proposed. Site Description The Beaufort Landing Village parcel bbisected bvFront Street. All housing units, parking areas, community trash receptacles and other similar community amenities are located on the north side of 2511 Front Street. The marina and a wooden walkway parallel to Front Street leading to a high ground deck on the east are located on the southern portion of the common area. A concrete sidewalk connects the southern edge of Front Street to the walkway and main dock. All proposed work will take place southof Front Street and bordering Taylors Creek. The existing walkway and deck above normal high water (NHW) are not scheduled for removal or replacement, as noted on project plans. The project site (southern section) consists of 8,715 square feet /0.2OacreiThe total length of the shoreline is 158.3/[ measured along NHVV. Vegetation on the, tract includes trees, grass, and coastal marsh. Taylors Creek is4D[/wide at the site. Oyster rocks and coastal marsh are present atthe project site. Both resources are located landward of the proposed boat slips and dredging area. Waters of Taylors Creek at the site are designated as Prohibited forthe harvesting of shellfish by the NC Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section. The Town of Beaufort zones the project site as R8 (Riparian Lot). It is not located in a National Registered Historic District and is not a Nationall Register listed or eligible property, A residential docking facility (rmahma)|slocated tothe west ufthe site, with apublic street, municipal park, and public boat ramp located tnthe east. Beaufort Landing Village Marina Major CAM&Permit An�]ioadoo ^ December 1,3V22 Page --`~��— Adjacent riparian property owners are Claude and Lauren Dudley to the west and the Town of Beaufort to the east. The project area is served by the Town ofBeaufort water and wastewater treatment systems. The existing docking facility encroaches into the federal channel setback, aswell asthe 15'setback to the adjacent riparian corridor to the west. The proposed new docking facility will correct these issues. Note: Acopy ofthe deed for the project sbeisnequiredtobesubmittedvviththemajnr[AMApemmit application. Included with this submittal is a copy of the deed for Unit 11 of Beaufort Landing Village, owned bvJason and Lee Ann Sk|adan.The Carteret County Register ufDeeds provided this deed in response 1oerequest for the recorded deed for the Beaufort Landing Village Association, Inc. common area located at 25I1Front Street |nBeaufort. According tothe Register ofDeeds staff, the last paragraph on the third page (attachment) of the deed provides a recorded deed of the common area where the dock istobelocated. Project Description The docking facility will be for the use of the owners of condominiums in Beaufort Landing Village and their guests. The project is designed to accommodate boats measuring 19' to 30'. Only wet slips are proposed. The existing docking facility will be removed, although as previously noted the existing high ground walkway and platform will remain. The proposed marina will incorporate a fixed main dock and one fixed platform, a gangway, two floating platforms, six floating finger piers, and 18 tie pilings to accommodate docking for 14 boats. A prefabricated kayak launch is also proposed. The new main dock and fixed platform will be constructed in the footprint of the existing main dock and fixed platform, The remaining platforms and finger piers will be floating, with a, new layout in compliance with federal channel and adjacent riparian corridor setbacks. The main dock (f|xed)will measure 1QG'by5', measured from its beginning atthe connection tothe existing sidewalk shown on project plans. A fixed platform measuring 22' by 12.5' will be constructed at the waterward end of the dock in the same footprint as the existing platform. A gangway and landing moeasurin04' by 29' will connect the fixed platform with e floating platform measuring4' by 55'. Two finger piers measuring 4' 6x26.5' are connected to the floating platform and will provide dockage for slips #1 through #5asshown onproject p|ams.Sixtiepi|inBsvviUbeinotaUedinaosodatinmwiths|ips#1 thrnugh#5. A second floating platform measuring 4' by 83.67' will connect perpendicular to the platform described above and will provide access <oslips #Gthrough #14.One finger pier measuring 4'x31.5'will attach to the floating platform between slips #6 and 7. Three finger piers measuring 4' by 23.67' will provide access to slips #8through #13. Twelve tie pilings are associated with slips #7 through #14. No tie pilings are associated with slip #5 Beaufort Landing Village Marina R� �� 0� ;0�y �-~--_ As previously noted, slips in the HOA marina are only rented to owners of condominiums within Beaufort Landing Village. The boatslip rental agreement between the Association and individual owners prohibits live-aboards, including the owner, owner's family, guests, or other third parties. The pier facility operates with a"closed head" regulation that prohibits discharge ofoverboard sewage, trash, garbage, food materials, petroleum, gasoline, and similar pollutants. Tenants of slips are expected to use the nearest pmmp-out at the Boathouse Marina, located within approximately 500' of the Beaufort Landing Village dock. Solid waste and recycling are to be carried from boats and placed in neighborhood trash receptacles located nn high ground. Maintenance dredging ofenarea of the marina measuring 52'to 67'feet in length by 75' wide, as shown on project plans, is also proposed. The average existing depth ofthe boat basin area ls-4' normal low water (NLW), with proposed final depths of -6' NLW. Waters connecting to the dredging area will be equivalent nrdeeper depth than the dredged area. Impacts to coastal wetlands and shellfish have been limited by the project design. All dredging will occur vvaUermardmfwetlands and oyster rocks, osshown onproject plans. Approximately 175square feet of wetlands and 75square feet nfoysters will beshaded bythe main dock. Excavation nfthe basin will remove 410 cubic yards of mud and sandy material. Dredging calculations are shown on Sheet 3 of project plans. The location ofthe spoil disposal site isnot known aithis time. The disposal site will bedetermined by the dredging contractor at afuture date and submitted tothe Division nfCoastal Management for approval prior to beginning dredging, The spoil disposal pile dimensions shall be equivalent to a mound 100ftsquare, 1.2feet tall with 3H:1Vside slopes. NLWdepths atthe end mfthe proposed docking facility measure -15'.Limited highgrouoddisturbance is proposed (approximately 325 square feet), associated with construction of the section of the main pier tobe located ahnveNHVV. The proposed docking facility will belocated 2Zfrom the adjacent riparian corridor tothe east end3S/ from the adjacent riparian corridor to the west. It will be located 310' from the adjacent docking facility to the east and 35'from the adjacent docking facility tothe west. Construction Methods Excavation will utilize a barge mounted excavator. Dredged material will be off|oeded into dump trucks and trucked offsite. As previously noted, spoils will be disposed at a site to be selected by the dredging contractor and approved by the Division of Coastal Management prior to beginning dredging, Beaufort Landing Village Marina Major CAMA Permit Application % �,O,\/1::i December 1,2O22 Page k�� U 2` 7O2 Conventional marine construction nlethodo|ogyvxU|beemploxed.AbargevvithpUe-drivingequipmeot will be used for construction of the docking facility. The barge will be stored in deep water. No wetlands will becrossed imtransporting equipment tnthe project site. 401 Pre -Filing Meeting Request A4O1pre-filing meeting request for this project was submitted onAugust 15, J02210fulfill the pre - filing nneet|ngrequinememtputimp|aceonThumday,ApN7,2O22uvhentheEnvinnnmenta|Prote(tion Agency's 'Clean Water Act Section 4O1 Certification Rule' ('Federal Rule) was reinstated to its previous version which originally became effective on September 11, 2022, In accordance with 40 C.F.R. Section 121,4(a), At least 30, days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency'. In accordance with 40C.F. Rsection 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted tothe certifying authority atleast 30days prior tosubmitting the certification request. A copy of the pre -filing request is attached to this narrative. 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. Beaufort Landing Village Marina Major CAMAPermit Application C f',­'������ December 2,20Z2 Page Kathy Vinson From: Kathy Vinson <kbvinson@ec.rr.com> Sent: Monday, August 15, 2022 4:57 PM To: 'Perry, John M'; '401prefile@ncdenr.gov' Subject: 401 pre -filing meeting request for Beaufort Landing Viflage Owners' Association, Inc., 2511 Front Street, Beaufort, NC Project Name: Beaufort Landing Village Marina County: Carteret Applicant Name: Beaufort Landing Village Owners' Association, Inc. Applicant Email: edfward24@,g_(qgi!._gpm Consultant: Kathy B. Vinson, AICP, Coastal Planning Services, Mc., kbvinson@ec.rr.com This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a) 'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency', in accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Kathy B. Vinson, AICP Coastal Planning Services, Inc. P.O. Box 827 Morehead City, NC 28557 (252) 240-9297 December 1, 2022 Page 5 Nap,ne of Prqptr ermit. Beaufort Landing Village Association, Inc. 2511, Front Street Beaufort, NC. 28516 Point of Contact: Jason Sklaclan, Chairman, Dock Committee (252) 670-6421 Email: ncvolfaiis@pr-naii.coni We, BLV HOA Board of Directors, certify that we have authorized Kathy B. Vinson, AlCP, Agent/Contractor for Coastal Planning Services, Inc., P. 0, Box 827, Morehead City, INC 28557, to act on the behalf of the BLV HOA, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Redevelopment and expansion of an existing docking facility at 2511 Front Street, Beaufort, NC 28516 in Carteret County. We, furthermore, certify that we are authorized to grant and do in fact grant permission to Division of Coastal Management Staff, the Local Permit Officer, and their agents to, enter on the aforementioned lands in connection with evaluating information related to this permit application. Beaufort Landing Village Association, Inc. By:. Date: E ®R.Ward, BLV HOA President By. Date: Katherine 1. Merritt, BLV HOA Vice-Preskleni This, certification is valid through August 26, 2023. Please submit all Invoices to: BLV Homeowners Association, Inc. C/O Bradford Piner, CPA P. 0. Box 750 Beaufort, NC. 28516 NORTH CAROUNA, CARTERET QOUNTY ThIs Ina Vurnent end this cattl(kats q9 duty tied at the date and true w4 In the Book and Pone shown on the flret ;pMe9e he FOR REGISTRATION REGISTER OF DEEDS Jerry T. Hardesty Carteret County, NC December 021 20A 03:37:40 PM M DEED 3 P FEE: $26,00 NC REVENUE STRMPi $50010 FILE # 1495357 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: S 500.00 County on the -, ..—,20— Parcel identifier No. 731505173955000 Verified by day of By: Mail/Box to: This instrument was prepared by: Richard L. Stanley, 601 Cedar Street Step. F Beaufort - NC 2A516 Brief description for the Index: UNIT 11, Beaufort Village Landing T1415 DEED made this Znd day of December 2014 by and between GRANTOR Rodney Hutcherson and wife, Deborah Hutcherson 2640 Silver Bend Drive Apex, NC 27539 (3RAN"I'M Jason A Skladan and wife, Lee Ann B. Skladan 104 Friburg Road New Bern, NC 28562 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Beaufort — - Beaufort Township, CARTERET County, North Carolina and more particularly described as flil—ows: The property hercinabove described was acquired by Grantor by instrument recorded in Book _ page All or a portion of the property herein conveyed — includes or X does not include the primary residence of a Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions; Easements and restrictions of record, IN WITNESS W11ERF-017, the Grantor has duly executed the foregoing as of the day/and year first (Entity Name) By: Printfl7ype Name & Title: By: Print/Type Name & Title: PrinLrrype (RRAT Print/Type Name: By: (SEAL) PrinVType Name & Title, I I Printrrype Name: Stale, of North Carolina - County 1, the undersigned Notary Public of th acknowled the due execution of the sea] this Vday of My Commission Expires: I�IWL (Affix Seal) ?inty . -ARoZERET and State aforesaid, certify that personally appeared before me this dayand itrafneatfor tiCFjpurgos therein expressed. Witness my hand and Notarial stamp or otary Public Notary's Printed or Typed Name State of -- - County or City of ---. I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that _he is the of a North Carolina or corporationflinnited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, ..—he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _ day of 20—. My Commission Expires;—,,,— Notary Public (Affix Seal) Notary's Printed or Typed Name State of. County or City of 1, the undersigned Notary Public of the County or City of Witness my hand and Notarial stamp or seal, this -- day of Jr-j' r,u and State aforesaid, certify that 2Q (j My Commission Expires:--, (Affix Seal) r Notary's Printed or Typed Name ATTACHMENT Being all of Unit 11 of Phase 2 of Beaufort Landing Village Condominiums as the same is shown on those certain maps and drawings of Beaufort Landing Village Condominiums duly recorded in Map Book 1 OQ, Pages 112-119, Carteret County Registry, and as further designated and described in the Declaration of Unit Ownership for Beaufort Landing Village Condominiums duly recorded in Book UO-96, Page 286, Carteret County Registry, together with an undivided interest in the common areas and facilities declared therein, to be appurtenant to said unit. The Grantees by the acceptance hereof both for himself and his heirs, successors and assigns, do hereby assume and agree to be bound by and comply with the covenants and conditions set forth in said Declaration of Unit Ownership. the Covenants, Articles of Incorporation and Bylaws of the Beaufort Landing Village Condominium Association, Inc. , recorded aforesaid, and all rules and regulations made thereunder. This conveyance is expressly made subject to the Declaration and Bylaws hereinabove set out as amended, and the plans and specifications of Beaufort Landing Village Condonminiums recorded aforesaid. The pecentage of undivided interest appurtenant to the above unit is subject to amendment in accordance with the Declaration upon submission of additional phases of unit ownership, and each unit owner, by acceptance of a deed therefore, consents and agrees to the alteration, of his undivided percentage interest in the common elements at such time as declarant submits additional phases, and each unit owner irrevocably appoints declarant or his assignee his lawful attorney in fact for the purpose of executing all instruments necessary to amended his undivided percentage interest in the common elements. ROOK 1' q5-PAGE 3,�7 MAJOR PERMITTEE, MATP X d 1-1.©0 NOTICE OF FILING OF APPLICATION FOR CAMA The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received complete on 12/19/2022. According to the application, The Beaufort Landing Village Association has applied to perform maintenance excavation and reconfigure and existing private community marina within Taylor Creek. A copy of the entire application may be examined or copied at the office of Curt Weychert, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252)515-5400 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 02/20/23 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. J18 M 0 R a- 0 o �-J LL O O Z z N qN 3 'aea aGU ID a ffi xx J2 to cc ape �w �m m m r ) o ro a�- �I E Tx LL o_m o E. ` ¢`ms� VI=Q a� _ it 11_i g P m a X Nil! 1111 CM1emM Seibaek We 1 fi'� 6b