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HomeMy WebLinkAbout20160613 Ver 1_CAMA Permit Application_20160606Coastal Management ENVIRONMENTAL QUALITY June 2, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT NTCCRORY c„ve,,,o, DONALD R. VAN DER VAART seeretan BRAXTON DAVIS Diww, RECOVED/NCDENROR JUN 0 6 2016 Water Quality Regional Operations Section Wilmington Regional Office Joanne Steenhuis Division of Water Resources Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensacola Yacht Club, LLC Carteret County, at the entrance channel of Pelletier Creek within a designated USCOE channel. Proposes to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 22, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. RECEIVED SIGNED DATE DOM WILMINGTON, NC I Mg Canata.�,,,. JUN 0 6 2016 State of Noah CarolinaEnvironnemal Quality Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252808-28061252-247-3330(fax) 1. 2. Q 5. R1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Peletier Creek Maint. Excavation, Pensacola Yacht Club, LLC LOCATION OF PROJECT SITE: The entrance channel of Pelletier Creek and within a designated USCOE channel, Carteret County Photo Index - 2000: 41-522 O -Q (10) 2006: 41-8040 J (15) State Plane Coordinates - X: 2666909.1 Y: 362298.9 LAT 34043'29.94 LON 76046'49.11 INVESTIGATION TYPE: D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/1/16 PROCESSING PROCEDURE SITE DESCRIPTION: Was Applicant Present —No Application Received — 5/20/16 Application Complete- 6/1/16 Office — Morehead City (A) Local Land Use Plan — Morehead City Land Classification from LUP — Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — none (F) Type of Structures: Existing — N/A Planned — maintenance excavation of existing entrance USACOE channel to Peletier Creek (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: 9 (D) Total Area Disturbed: 18,000ft? (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant is proposing to maintenance excavate the existing USCOE channel along the entrance of Peletier Creek in Morehead City. Narrative Description: The Pensacola Yacht Club, LLC, project is located off highway 70 East in Morehead City, Carteret County. The project area can be found via several different roads, Field Investigation Pensacola Yacht Club, LLC Page 02 however, the easiest viewing location is found by turning south off of Highway 70 East in Morehead City onto Mansfield Parkway (next to Kmart). Follow Mansfield Parkway to the end and turn left onto South Shore Drive. There is a private residence at the very end of this road, however there is an undeveloped private lot at the corner of Shore Drive and Tennessee Ave. that overlooks Bogue Sound. The Peletier Creek entrance is located to the east of this area. The subject area serves surrounding single family residences as well as surrounding businesses. The entrance channel to Peletier Creek is a USCOE designated channel with Peletier Creek designated as a Harbor of Refuge. According to the USACOE, this area was excavated in 2001 and 2008. The water depths in the area to be excavated currently range from -1'nlw to -3' nlw, depending on location, with a connecting water depth of -6' or greater. The Division of Water Resources classifies this area as SB Waters. This part of Bogue Sound is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Morehead City Land Use Plan certified in 2007 classifies this area as Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single- family homes to the east and the west of the project location. 10. Project Description: The Pensacola Yacht Club, LLC is proposing to maintenance excavate the existing USACOE entrance channel to Peletier Creek. The existing water depths within these areas range from -1' to -3' NLW depending on location. The connecting water depths at the channel entrance are -6'NLW or greater. A total of approximately 3,000 cubic yards of material would be removed from the main channel area with an excavation area of 30' x 600' to 900'. The final depth for the entrance channel would be -6' NLW. The excavation would be done by bucket to barge and taken offsite to a preapproved spoil location. Per the applicant, the excavation of this area is necessary due to approximately 400 boats or more using this area throughout the year. 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 18,000 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. HEATHER STYRON Morehead City June 2, 2016 1 Deli MP -1 APPLICATION for Major Development Permit pest revised 92127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name PENSACOLA YACHT CLUB, LLC/TIMOTHY D. POWELL, AGENT Project Name (if applicable) PELLETIER CREEK Business Name Applicant 1: First Name MI Last Name BROOKS DREDGING TIMOTHY D POWELL Agent/ Contractor 1: First Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City BROOKS State �NC 1708 US HIGHWAY 70 EaS; MI NEW BERN Mailing Address ZIP / Country Phone No. State FAX No. �/'1 918- 255 -0882 ext - - 650 VhCn USA Phone No. 1 Street Address (if different from above) City State 252 728 IP 200 PENSACOLA AVENUE MOREHEAD CITY NC T28557 - Email Street Address (if different from above) TPW184@AOL.COM State 2. Agent/Contractor Information R " CEN ( _ Business Name BROOKS DREDGING {� y JUN 0 1, 2016. Agent/ Contractor 1: First Name MI Last Namerr� C�?!�n�'° n �} a D CITY BENTLEY BROOKS Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 507 BAYVIEW DRIVE HARKERS ISLAND NC ZIP Phone No. 1 Phone No. 2 28531 252 728 6886 ext. - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> ?�;2 .; f±. .. .:, ,-6s t 4r r. s.; Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location County (caEmultipfeE) Street Address State Rd. # NIA WA- PELLETIER CREEK ACCESS WA Subdivisio City State �NC Zip WA MOREHEADCITY f. Man-made features and uses now on tract,,, E1N/ED 28557 Phone No. Loi No.(s) (if many, attach additional page with list) ext. 4700 SHORE DRIVE, MOREHEAD CITY, NC 28557 - PRIVATE RESIDENCE a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WHITE OAK RIVER BASIN PELLETIER 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. [ANatural ❑Manmade ❑Unknown j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ONO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ❑✓ NA BOGUESOUND, e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. MOREHEAD CITY, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) WA NIA c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or N W L (normal water level) (If many lot sizes, please attach additional page with a list) ❑NHW or ©NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract,,, E1N/ED MAY 2 0 2016 WA g. Identify and describe the existing land uses adjacent to the proposed project site, !t���-�M— 9&ia8 D C 4700 SHORE DRIVE, MOREHEAD CITY, NC 28557 - PRIVATE RESIDENCE 4407 CORAL POINT DRIVE MOREHEAD CITY, NC 28857 - PRIVATE RESIDENCE h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) N/A ❑Yes ❑No RNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ONO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ❑✓ NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ©NA National Register listed or eligible property? <Form continues on next page> S¢ Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes MNo (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. NONE o. Describe existing drinking water supply source. NONE 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? MCommercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. IT IS OUR INTENT TO REMOVE SILT AND SAND BUILT UP FROM THE ENTRANCE TO PELLETIER CREEK, WHICH Is CLASSIFIED AS A HARBOR OF REFUGE. THIS PROCESS WILL ALLOW FOR INGRESS AND EGRESS OF APPR. 400 OR MORE BOATS. 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. THE REMOVAL OF 3,000 CUBIC YARDS OF MATERIAL WILL BE DONE BY USE OF AN EXCAVATOR, AND BARGE TO BE HAULED AWAY BY TRUCK d. List all development activities you propose. Vv N/A 4-11y 201 e. Are the proposed activities maintenance of an existing project, new work, or both? WA dfig - f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres WA g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ❑No ®NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. WA I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ©NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ❑No MNA If yes, attach a mitigation proposal. `Form continues on bacl> r1.2' -a 03 25-�pmt', C,V R,,,. 5Jn timet My 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) — (f) 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. 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. I. 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 - 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. 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. 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. 7. Certification and Permission to Enter on Land I understand that any permit Issued eos application will -allow -the 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 certif that the information provided in this application is truthful t 1e est of my knowledge. Date Print Name J12 1r Signature Please indicate application attachments pertaining to your proposed project. 9DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information 2 ani ki .�;sa3 s 'd .,,;r MAY 29 0 2016 C�a_7d Form DCM MP -2 EXCAVATION and FILL '_xcept for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1 EXCAVATION Access a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. 30*UBIC YARDS Other c. (i) Does the area to be excavated include coastal wetlands/marsh Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding -' ❑CW ❑SAV OSB (NLW or OWL [ONone (it) Describe the purpose of the excavation in these areas: Breakwater shoreline NWL) stabilization Length approx. 200 yards WA WA WA WA WA N/A Width approx. 30 feet WA WA WA WA WA WA Avg. Existing Depth 3 Feet WA WA WA NA NA N/A Final Project Depth 6 Feet Maximum WA N/A WA NA NA Pl/A - 1 EXCAVATION ❑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. 30*UBIC YARDS SILT/SANDY SUBSTITUTE c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the NONE number of square feet affected. -' ❑CW ❑SAV OSB OWL [ONone (it) Describe the purpose of the excavation in these areas: TO ALLOW FOR INGRESS AND EGRESS TO PELLETIER CREEK L. UIbNUbAL Ul- tXGA VA (t® MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area DEF. BY CONTRACTOR C. (i) Do you claim title to disposal area? ❑Yes ONo ❑NA (ii) If no, attach a letter granting permission from the owner TRUCKEDAWAY 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. ❑CW ❑SAV ❑SB _ OWL ©None (ii) Describe the purpose of disposal in these areas: WA d. (i) Will a disposal area be available for future maintenance? ❑Yes ©No [INA (ii) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ®No [INA (ii) If yes, how much water area is affected? r MAY 2 0 2016 P .fix{- S rol'-04ano i v' I.. v :s -, 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP -4 - Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. c. Average 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. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) 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? ❑Yes ❑No ❑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 a. How will excavated or fill material be kept on site controlled? SPOILAGE IS TRUCKED AWAY C. (i) Will navigational aids be required as a result of the project? ❑Yes ONo ❑NA (ii) If yes, explain what type and how they will be implemented. 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 ❑WL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., backhoe, or hydraulic dredge)? TRACKHOE, BARGE, DUMP TRUCKS d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ©No [:]NA - (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. /P. PENSACOLA YACHT CLUB, LLC (TIMOTHY D. POWELL, AGENT) — Date APPIi Name ,]==a PELLETIER CREEK DREDGE iro'ectName 1 Applicant Signature MAY ;� 2016 2,ti2:.S " xs u i 4 ' iOUA i ,rte' 3RtYTP }Ij �� G ik {,,hjU vi'`Ilvxfiy`1 r !}epC ¢qtr Cl J { M vvh) ri�t iJ Z l fp1 41 Kz u Y pwfgqI £• jy 4 ) A ����a�l ykpnb NntiA a �t� ov y 2. MM 2,0 0016 4o k,.tif, .v , x DON ti oap.... a w •. p frj 3 t a s` yU G�� S� t 2 s� U t4rPrlLRYa 1 i y I_MLllWl9 TE' VEARV !NW(Of. N%t I.t 1k EtEH 20 �'�09.13 CSA:%C �'vr 'LTi a x Yti 3a 3=r ;{>f a T v.` 5 DON ti oap.... a w •. a ...5 su E .ov tau Rr. ...... ....... .. � G�� S� t 2 s� -• t4rPrlLRYa u � y HYDROGRAPHIC SURVEY suu E wre sa .Iyxs,. 311 . _ su E .ov tau Rr. ...... ....... .. t4rPrlLRYa PELTIER CREEK I_MLllWl9 TE' VEARV !NW(Of. N%t I.t 1k EtEH 20 �'�09.13 CSA:%C a. Imoi d V J D i, a w', f I Cl MAY