HomeMy WebLinkAbout20091030 Ver 3_CAMA Application_20230602ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
June 01,2023
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
cu rt.weychert(a�deg. nc.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: NC Wildlife Resources Commission
Project Location: NC Hwy 33 Aurora / Beaufort County — Major Modification 91-22
Proposed Project: to replace existing pump and piping associated with the pump and replace
existing water control structure with bulkhead repair.
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 .tune 23, 2023, If you have any
questions regarding the proposed project, contact Kent Vaughan (252) 948-3853 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 E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
t;;�AWashington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
u�mniniEnwoAomeemQuality 252.946.6481
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NCWRC
2. LOCATION OF PROJECT SITE: Off NC Hwy 33 E. Beaufort Co. on Smith Creek near Aurora, NC
Location-35° 16' 34" N 76' 37' 43" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — April 26 ,2023
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — May 23,2023
Office — Washington
6. SITE DESCRIPTION:
IM,
(B)
(C)
(D)
(E)
(F)
(G)
Local Land Use Plan — Beaufort County
Land Classification from Beaufort County LUP — Farm or Open Land, Water ( estuarine waters)
AEC Involved: PTS,ES
Water Dependent: YES
Intended Use: Public
Wastewater Treatment: Existing - N/A
Planned — N/A
Type of Structures: Existing — Pump, Piping,
Planned — Pump, Piping,
Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
water control structure, bulkhead
water control structure, bulkhead
[AREA]
DRF.DGM FITI FT) ()TTTFR
(A)HG
52Ft2
B
(C)
(D) Total Area Disturbed: t 52 ft2
(E) Primary Nursery Area: NO
(F) Water Classification: SC;NSW,HQW Open: No
8. PROJECT SUMMARY: The applicant proposes to replace existing pump and piping associated with the
pump, and replace existing water control structure with bulkhead repair.
MEMORANDUM
TO:
Gregg Bodner
THROUGH:
Kelly Spivey
FROM:
Kent Vaughan
DATE:
5/12/2023
SUBJECT:
Major Modification of CAMA Permit No. 91-22 issued to NC Wildlife Resource
Commission
Beaufort/Pamlico County
Smith Creek
On 2 September, 2022 Morehead City issued CAMA Major Permit #91-22 to replace the existing shared
pump, motor, 6'x6.1'deck structure and 7.1'x4' control panel access for the impoundments as well as
the associated discharge piping to the Spring Creek and Hunting Creek impoundments. In the Hunting
Creek impoundment, the applicant proposes to replace an existing water control structure and repair
damaged bulkhead.
On May 11, 2023 the Washington Regional Office received a request to modify the permit. NCWRC has
requested to replace existing pump, piping, and water control structure between Smith Creek and the
Smith Creek waterfowl impoundment.
Staff has reviewed the proposed project regarding rules found in Subchapter 7H concerning
development in Public Trust Areas and Public Trust Shoreline. It is staffs recommendation that the
proposed project is consistent with 15A NCAC 07H .0208 as described below.
This office feels the development is consistent with 15A NCAC 07H .208 (a) (1)
Uses that are water dependent that shall be permitted include culverts, drainage ditches, access canal,
bulkhead....
Piping and Riser placement is in location and size as current existing features.
Staff recommend the following conditions be included if the project is permitted.
1) Any spoil material from pipe installation to be placed in upland disposal area.
2) Silt fence used during construction to prevent spoil form re-entering waterbody or wetlands.
This office recommends that CAMA Major Permit No. 91-22 be modified to allow for the replacement of
existing pump, piping, and water control structure associated with the Smith Creek Waterfowl
Impoundment.
A permit fee of $250 has been paid.
attachments
North Carolina Wildlife Resources Commission 5/12/2023
Goose Creek Game Lands
1720 Mail Service Center
Raleigh,NC 27699
Project Setting:
The NC Division of Wildlife Resources has applied for a major modification to CAMA Major
Permit 91-22 in order replace existing pump, water control structure, associated distribution piping and
repair bulkhead in the Smith Creek waterfowl impoundments. The property is located off NC 33 Hwy E.
in Aurora, NC in Beaufort Co. on Smith Creek. The property is part of a 930 acre tract that is maintained
as public recreation/hunting land. Approximately 50 acres of the property is diked and flooded
waterfowl impoundments. Existing structures within the impoundment areas are water control
structures, a distribution pump and the piping that is associated with these pump systems. Coastal
wetlands extend for most of the shoreline.
Adjacent upstream property is non developed State owned public recreation/hunting land with
a public boat ramp on it. The property downstream is US Government/US Coast Guard property and
developed as a USCG station. Hunting Creek is listed as Inland Waters and classified as SC:NSW,HQW by
the Environmental Management Commission. Spring Creek is listed as Coastal Waters and classified as
SC:NSW,HQW by the Environmental Management Commission. They are both in the Tar/Pamlico River
Basin.
Project Description:
The applicant proposes to replace the existing pump, water control structure, as well as the
associated discharge piping and repair damaged bulkhead in the Smith Creek impoundment.
Anticipated Impact:
The project will create localized turbidity in the connected tidal canals associated with the pipe
and water control structure replacement and bulkhead repair.
Kent Vaughan
CAMA MP-1 Project Narrative
Smith Creek Impoundment Enhancement
This is a request to modify active major permit 91-22.
This project is being done at the request of and in partnership with the North Carolina Wildlife
Resources Commission (NCWRC). The project site is owned and managed by NCWRC to provide habitat
to wildlife and recreational opportunities to the public. The proposed work is within the Smith Creek
Unit, an existing managed impoundment within the Goose Creek Game Land.
The proposed project includes replacing the existing pump and piping between Smith Creek and the
impoundment. The existing pump house and existing power unit will be left as -is. The existing pipe
through the upland dike will be removed by excavation and the new pipe will be placed in the same
trench.
In addition, an existing aluminum half round riser water control structure located in the Smith Creek unit
will be replaced. The new water control structure will be installed in the same footprint. The existing
bulkhead will be utilized and repair and penetrations resealed upon installation.
The project proponent hereby certifies that all information herein is true, accurate and complete to the
best of my knowledge.
The project proponent herby requests that the certifying authority review and take action on this CWA-
401 certification request within an applicable reasonable period of time.
IN ■r-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
North Carolina Wildlife Resources Commission
Project Name (if applicable)
Goose Creek GL - Smith Creek Impoundment Enhancement
Applicant 1: First Name
MI
Last Name
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1720 Mail Service Center
PO Box
City
Raleigh
State
NC
ZIP
27699
Country
USA
Phone No.
- - ext.
FAX No.
- -
Street Address (if different from above)
City
Stale
ZIP
Email
2. Agent/ContractorInformation
Business Name
Ducks Unlimited, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Malcolm
M
Baldwin
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
Slate
1010 Bankton Circle; Suite 200
Hanahan
SC
ZIP
Phone No. 1
Phone No. 2
29410
843-789-0417
ext.
843-277-8231 ext.
FAX No.
Contractor #
F-0873
Street Address (if different from above)
City
Slate
ZIP
Email
mbaldwin@ducks.org
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252-808-2808 :: 1.888-4AC®AST :: www.nccoastalmanagement.net
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Beaufort
State Hwy 33
33
Subdivision Name
City
State
Zip
Hobucken
NC
-
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Tar -Pamlico River Basin
Smith Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Goose Creek
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes NNo
work falls within.
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
20,300
12,786,166.8 sq.ft. (293.53 ac)
c.
Size of individual lot($)
d. Approximate elevation of tract above NHW (normalhigh water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
5.0 ❑NHW or NNWL
e.
Vegetation on tract
The majority of the tract is forested with the primary species being pine and oak. Adjacent to the waterways, there is tidal
marsh habitat. There are two man-made tidal impoundments on the tract that contain wetland vegetation and are managed
for migratory birds.
f.
Man-made features and uses now on tract
The managed tidal impoundments on the tract are man-made. There are also two parking lots and one boat ramp on the
tract. Site is part of a game land and is managed for migratory bird habitat and public access for recreation. Site utilizes an
existing diesel pump that is in need of replacement.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
NC HWY 33 splits the tract. All adjacent parcels are similarly composed of forest land and tidal marsh. Adjacent to the
project site, tidal impoundments are managed to provide wildlife habitat.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
N/A
(Attach zoning compliance certificate, if applicable)
❑Yes ❑No NNA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
252.808.2808 :: rt-888.4RCOAST :: www.nccoastalmanagement.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(it) Are there coastal wetlands on the site? ®Yes ❑No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes NNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
n/a
o. Describe existing drinking water supply source.
n/a
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a.
WII the project be for commercial, public, or private use? [_]Commercial NPubllc/Government
❑Private/Comm unity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed work is to repair an existing facility that is a public game land. The site is a tidal impoundent managed for
migratory birds and used for public recreational hunting.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
An excavator will be needed to install new piping and new water control structure. A barge will be used to get new pump and
equipment to site.
d.
List all development activities you propose.
The proposed project includes replacing the existing pump station, associated piping, and an existing water control structure.
e.
Are the proposed activities maintenance of an existing project, new work, or both? maintenance
f.
What is the approximate total disturbed land area resulting from the proposed project? 0.1 ❑Sq.Ft or NAcres
g.
WII the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo DNA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
Pump will remain intake only for filling impoundment. The water control structure will continue to discharge in the same
location
I.
Will wastewater or stormwater be discharged into a wetland? ❑Yes NNo DNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA
j.
Is there any mitigation proposed? ❑Yes NNo DNA
If yes, attach a mitigation proposal.
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252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
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) — (t) are always applicable to any major development application. Please consult the application
instruction booklet on how to property 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.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name See Attached Phone No.
Address
Name Phone No.
Address
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.
Permit #SAW-2023-00375, USAGE, Not yet issued NCDENR Major Permit 91-22, Issued 9/2/2022 (Requesting
modification)
Floodplain Development Permit, Office of State Construction,
Issued 211712023, SCO ID# 22-25027-OIA
h. Signed consultant or agent authorization form, if applicable.
I. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N,C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 03-31-23 Print Name _NCWRC by Malcolm Baldwin —its
Signature A�&' gaz4i
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
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.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (1) Is the docking facility/marina:
[]Commercial ❑Public/Governmenl ❑Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number _
(iii) Length
(iv) Width _
(v) Floating []Yes ❑No
e. (1) Are Platforms Included? []Yes []No
If yes:
(it) Number
(iii) Length _
(Iv) Width _
(v) Floating ❑Yes []No
Note: Roofed areas are calculated from dripl/ne dimensions.
g. (1) Number of slips proposed
(II) Number of slips existing
1. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length:
m. (1) Will the facility have fie pilings?
[]Yes []No
(it) If yes number of lie pilings?
®This section not applicable
b. (!)Will the facility be open to the general public?
❑Yes []No
d. (1) Are Finger Piers Included? ❑Yes ❑No
If yes:
(it) Number
(III) Length _
(Iv) Width
(v) Floating []Yes []No
I. (i) Are Boatlifts included? ❑Yes ❑No
If yes:
(it) Number
(!it) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage (wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
I. (1) Will the facbe open to the general public?
ility
❑Yes No
;,,orII, i;ci;1 Prf� 'l (. ,-Ictl..__, I "Ij1 ,
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(if) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
J, What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes [:]No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to 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.
❑CW ❑SAV ❑SB
OWL []None
p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? []Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubIIGGovernment ❑Privale/Community
(it) Number _
(ill) Length
(iv) Width _
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpite, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (I) Number
(it) Length
(li) Width
5. BREAKWATER (e.g., wood, sheetpi/e, etc.) ® 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 ®This section not applicable
a. Is the slructure(s): b. Number
❑Commercial ❑Public/Governmenl ❑PrivatelCommunity
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Are of the swing _
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
30' to Smith Creek 0.5 miles to dock at Smith Creek Boat Ramp
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
200' Smith Creek
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(if) If yes. explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
3.0' NWL
8. OTHER ❑This section not applicable
a. Give complete description:
The proposed project includes replacing the existing pump piping between Smith Creek and the impoundment. Also, an
existing water controls structure for Smith Creek impoundment will be replaced with a new one. Bulkheads associated with
water control stucture and pump piping will be repaired as needed. The existing pump house and existing pump power unit
will be left as -is.
3/8/2023
Date
Goose Creek GL - Smith Creek Impoundment Enhancements
Project Name
NCWRC by Malcolm Baldwin —its Agent_
Applicant Name
Applicant Signature
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DUCKS PROJECT NUMBER: DU-NC-8-10
;UNLIMITER61D
INC. GOOSE CREEK GAME LANDS
3
B.9N REGIONAL OEPICE SMITH CREEK UNIT
193
ro w 193 Port UAvr; S.H. E
n RWprWbnd. d, M MS 39157 DATE: 8/22