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HomeMy WebLinkAbout20080990 Ver 1_CAMA Application_20080619A'??WA 08 0 9 9 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary June 17, 2008 MEMORANDUM: TO: Ms. Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: SUBJECT: Applicant: Project Location: Doug Huggett Major Permits Processing Coordinator ini Lg@[qoW[A D JUN 1 9 2008 DENR - WATER QUAUTy WETLANDS AND sTORMWATER BRANCH CAMA/DREDGE & FILL Permit Application Review Pamlico Consort, LLC c/o J. Kevin Avolis Pamlico County, 252, 300, & 318 Old Lupton Rd., in Whortonsville, on Brown Creek. Proposed Project: Proposes to construct a 10-slip dock at a commercial marina, fill in an upland basin and stabilize it with a bulkhead, demolish and rebuild a clubhouse, construct a new boardwalk, and remove a boat ramp on Brown Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 8, 2008. If you have any questions regarding the proposed project, please contact Brad Connell at (252) 808-2808. When appropriate, in-depth comments with supporting data are 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. SIGNED 400 Commerce Avenue, Moref XpRty, North Carolina 28557 - one: 2b2-808-2808 2b2-24 - 301 Interne : www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Major Permit Fee Schedule Circle One FDevelopment Type Fee DCM % (14300160143510009316256253) DWO % (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100%($250) 0%($0) U. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100%($400) 0%($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if AA C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certific (Se ed) can be applied: $2 100%($250) 0%($0) i(B). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: l $400 00%($400) 0%($0) lll(C). If General Water Qualil n o. (see Certiffica-Wo- attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60%($240) 40%($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60%($240) 40%($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or 40%($190) open water areas: $475 60% ($285) Check # Amount bo, 0z) Project LL? Name DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICATNT'S NAME: Pamlico Consort, LLC and J. Kevin Avolis 2. LOCATION OF PROJECT SITE: 252, 300, & 318 Old Lupton Road in Whortonsville, on Brown Creek, in Pamlico County. Photo Index - 2006: 80-8260 grids 0-11, P-11, 0-12, P-12; 2000: 80-950 grids 0-11, P-11, 0-12. State Plane Coordinates - X: 2709240.261 Y: 497622.793 Rover # M032812A Longitude: 35 05 38.523 Latitude: -76 37 43.302 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/28/08 Was Applicant Present - No Photos Taken - Yes 5. PROCESSING PROCEDURE: Application Received - 5/6/08 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Rural with Services/Conservation (B) AEC(s) Involved: PTA, EW, ES (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic system Planned - N/A (F) Type of Structures: Existing - 42-slip marina, clubhouse, net shed, parking area, two boat ramps, and shoreline stabilization Planned - 10-slip dock, demolish & rebuild clubhouse, bulkhead, demolish a boat ramp, and boardwalk (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: (A) High Ground 4,200 sf 1(B) Shallow Bottom II II 4,095 sf II 2,092 sf shaded I 25,245 sf incorp (D) Total Area Disturbed: 33,540 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW, NSW Open: No 8. PROJECT SUMMARY: The applicant wishes to construct a 10-slip dock at a commercial marina, fill in an upland basin and stabilize it with bulkhead, demolish and rebuild a clubhouse, construct a new boardwalk, and remove a boat ramp on Brown Creek and is a applying for a permit to do so. Field Investigation Report: Pamlico Consort, LLC and Kevin Avolis rage _Z 9. Narrative Description: The DCM denied the original proposal in 2007 and this current submittal has been revised in order to attempt to address the previous concerns. This current proposal was determined by the DCM to be exempt from the requirements of the NC Environmental Policy Act. The applicant is currently involved in litigation with the DCM in regard to the denial decision in 2007. A permit decision on this current application is contingent upon the settlement of that case. The project area is located at the end of Old Lupton Road in Whortonsville on Brown Creek in Pamlico County. This project takes place on three parcels with two different owners. The total combined area of all three parcels is 4.46 acres. In the northwest section of the project area, there is a single-family residence, a shed, gravel driveway, and shoreline stabilization. There is also an upland basin that is roughly 110' long and 40' wide along Brown Creek. The upland basin crosses the property boundary of two parcels held in separate ownership. The basin has depths down to -4.7' nwl. There is a 75-square foot wooden bridge in the northeast corner and a 25' by 10' boat ramp in the southeast corner of the basin. Immediately south of the basin, is a 150-square foot net shed. At the southern portion of the project area, lies Point Marina. This commercial marina has a total of 42 slips. Thirty-two of those slips are at a docking facility that extends out into Brown Creek; usurping 28,350 square feet of public trust waters. This dock has a 1,254 square foot building at the landward end. Approximately half of this building is in Brown Creek and the other half is landward of the bulkhead. Immediately north of this building, is a 33' by 68' concrete slab. Just west of this building and concrete slab, is the only area of wetlands on site. This area consists of Section 404 and coastal wetlands. It is an area of about 4,725 square feet altogether. The shoreline of this feature is the only area that is natural, and not stabilized with bulkhead. Along the eastern shoreline of this marina area, lie the remaining ten slips at the mouth of Coffee Creek. Finger piers stemming from the bulkhead are used to access these slips. Immediately north of these ten slips, is a 600 square foot boat ramp. There is 1,039' of shoreline along Brown, Broad, and Coffee Creeks. The elevation of the high ground of the parcel is +5.5' above normal water level. Vegetation on the tract mainly consists of upland grasses. Immediate offshore water depths range from -1.0' to -6.5' nwl. Brown Creek is about 560' across at the location of the current proposal. It is a Primary Nursery Area and there is no submerged aquatic vegetation present. This area is closed to shellfish harvest and has a classification of SA, High Quality Waters. There is a defined channel in this area about 95' wide. 10. Proposed Development: The applicant wishes to construct a new 10-slip dock, fill in the upland basin and stabilize the shoreline with bulkhead, demolish and rebuild a clubhouse over the existing concrete slab and Brad Connell June 16, 2008 Morehead City Field Investigation Report: Pamlico Consort, LLC and Kevin Avolis rage _1 stabilize the shoreline with bulkhead, construct a new boardwalk at the existing commercial marina, and remove the boat ramp at the upland basin on Brown Creek. The proposed work area is at the end of Old Lupton Road in Whortonsville. (State Permit #57-07 was issued to the owners of the northeastern parcel on April 27, 2007. This permit was issued for the construction of shoreline stabilization and a new six-slip docking facility. Construction of the authorized docking facility has not yet begun. This permit is set to expire on December 31, 2010.) This project proposes to fill the 4,095-square foot upland basin. This involves the placement of 1,062 cubic yards of fill to bring the -4' nwl deep basin up to a +3' nwl elevation. The new shoreline along Brown Creek will then be stabilized with 45' of vinyl bulkhead. The adjacent wooden bridge and concrete boat ramp will be removed during this fill activity. The proposed docking facility, 200' south of the basin area, will support ten new slips for Point Marina on Brown Creek. The new docking facility will be comprised of one pier, seven finger piers, seventeen associated tie pilings, and one "T" platform. This new dock will be at least 110' from the nearest adjacent riparian property line and 150' from the nearest docking facility. This will result in a total of fifty-two slips at this commercial marina. The main access pier will be 6' wide and extend 99' from the existin- bulkhead water-ward. Two finger piers, each measuring 5' by 20,' will be perpendicular to the pier about 60' waterward of the bulkhead and will support two of the ten slips. The main "T" platform will be at the waterward terminus of the access pier, about 34' from the afore mentioned finger piers. This platform will be 6' wide and 153' long. It will support five finger piers and define the remaining eight slips. The two outside finger piers will be 5' wide and 20' long. The three inner finger piers will be 3' wide and 20' long. Each one of these slips could support various types of vessels in upwards of 60' in length. Water depths in these proposed slips range from -3.0' to -6.0' nwl. The existing 1,254-square foot building at the landward end of the existing 32-slip docking facility will be demolished. The clubhouse will be rebuilt immediately landward over an existing concrete pad. The new clubhouse will be 60' long, 26' wide, and 12' tall. It will be elevated on piles about 5' over the concrete pad. A new 90' section of vinyl bulkhead is proposed to stabilize the shoreline adjacent to the new clubhouse. A proposed boardwalk will run along the eastern side of the new clubhouse and connect the end of Old Lupton Road to the existing 32-slip docking facility. This section of boardwalk will be 6' wide and 167' long. Another proposed section of boardwalk, heading in an easterly direction, would connect the 32-slip docking facility to the other ten slips at the mouth of Coffee Creek. It will be immediately landward of the existing bulkhead along the shoreline. This section of boardwalk will be 6' wide and 370' long. 11. Anticipated Impacts: The proposed basin fill activity will disturb 4,095 square feet of privately owned shallow bottom habitat adjacent to Brown Creek. These waters are PNA and High Quality; SA waters. There is Brad Connell June 16, 2008 Morehead City Field Investigation Report: Pamlico Consort, LLC and Kevin Avolis Page 4 not any SAV in the project area. There are coastal and Section 404 Wetlands on site, but with proper construction BMP's these areas should not be impacted as a result of the project. The proposed ten-slip docking facility will expand Point Marina to a total of fifty-two slips. The new docking facility will extend beyond the 1/a of the width of Brown Creek. This facility will shade 2,092 square feet of shallow bottom and usurp 25,245 square feet of public trust waters. The two new sections of vinyl bulkhead will not exceed 1' waterward of nwl and will impact a total of 135' of shoreline along Brown Creek. The landward relocation of the clubhouse will not increase the impervious surface area in Zone 1 of the Neuse River riparian buffer as all of this activity will take place within the "existing footprint." The new 3,304-square foot boardwalk will disturb 4,000 square feet during construction. Brad Connell June 16, 2008 Morehead City R i (last revised 12/27/06) .08 0 99 0 North Carolina DIVISION OF COASTAL MANAGEMENT ON MP-1 i APPLICATION for m Major Development Permit 9. Primary Applicant! Landowner Information Business Name Pamlico Consort, LLC Project Name (if applicable) Pamlico Consort, LLC Property Applicant 1: First Name John MI Last Name Sheppard Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 181 City Oriental State NC ZIP 28571 Country USA Phone No. 252 - 670 - 6787 ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Avolis Engineering, P.A. Agent/ Contractor 1: First Name MI Last Name John Kevin Avolis Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 15564 New Bern NC ZIP Phone No. 1 Phone No. 2 28561 252 - 633 - 0068 ext. - - ext. FAX No. Contractor # 252 633 6507 Street Address (if different from above) City State ZIP 5405 Morton Road New Bern NC 28562- Email avoliseng@lpmonline.net Form continues on back> 252-808-2808 .. 1-888-4RCOAST , www.necoastaimaanagement.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. # Pamlico 256 Old Lupton Road 1327 Subdivision Name City State Zip Whortonsville NC 28571 - Phone No. Lot No. (s) (if many, attach additional page with list) 252 - 670 - 6787 ext. ---, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Browns 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 Browns Creek e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,039 LF (Entire Site) 2.86 Acres (Entire Site) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 1.50 AC - Parcel A, 1.36 AC - Parcel B, 1.60 AC - Avolis, NWL (normal water level) 5' to 6' ?NHW or ®NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract - Grass, Mature Trees, Coastal Marsh f. Man-made features and uses now on tract Pointe Marina, Club House, Net House, Gravel/Asphalt Parking Areas, Residential Home (Previously Demolished) g. Identify and describe the existing land uses adiacent to the proposed project site. Residential on both sides. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? No Zoning (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. 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> 252-508-2808 .. 11-888.412COAST ,. vvvvvv.nccoastalrnanagenie nt.net 77 Form DCM MP-1 (Page 3 of 4) i APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? ®Yes ?Nc (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, if available) n. Describe existing wastewater treatment facilities. On-Site Septic System o. Describe existing drinking water supply source. Pamlico County Public Water 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? ®Commercial ?PubliGGovemment ? Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. See Attached Narrative c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where R is to be stored. See Attached Narrative d. List all development activities you propose. 1. 10-Slip Marina 4. Construct Club House 2. Fill Man-Made Basin 5. Construction Wood Walkway 3. Install 135 LF Bulkheading e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What Is the approximate total disturbed land area resulting from the proposed project? 4 000 ®Sq.Ft or ?Acres 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? Public Trust Waters Impact 12 531 SF , h. Describe location and type of existing and proposed discharges to waters of the state. No proposal changes to runoff patterns will occur from proposed construction. 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 ?NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www-nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) ?4PPLIEATIQN for .. Major Development Permit 0. Additional Information In addition to this completed application fort, (MP-1) the following items below, if applicable, must be submitted in orderkr, the pplrc on ! yl package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application F instruction booklet on how to property prepare the required items below a_ A project narrative. See attached. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scab. 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 Kenneth & Reba Tiller Phone No. 252-249-2475 Address 67 Tiller Extension, Merritt, NC 28556 Name Jimmy Watson Phone No. Address 267 Old Lupton Road, Merritt, NC 28556 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. None for Propsoed Development, Stmim tEr Ptrmt, Frasicn Cmtml, R he Water, N= IhivwV, Septic RnT dt far Previous Design 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) N/A 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 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 ( 7-0 I 0 F3 Print Name _Jo?DS par , Member/Manager -Pamlico Consort, LLC Signatur`e' 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.nccoastalmanagement-net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) r? f 9' r i II 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. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 105' Width 39' Avg. Existing -4 nwl NA NA Depth Final Project +3 nwl NA NA Depth 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. c. (i) Does the area to be excavated include 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 ?WL ?None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ?Yes ?No ?NA ?Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (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 ?WL ?None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? ?Yes ?No ?NA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-888-4RCOAST N www.nccoastaimanagement.net revised: 12126 ,'06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) Width: 1 Foot j d. Maximum distance waterwar??f A1i11AGctr)VItYL 1 Foot . 3. SHORELINE STABILIZATION QThis section not app icable (if development is a wood groin, use MP-4 - Structures) a. TvDe of shoreline stahiliiatinn• k i e +h lac 1 v SBulkhead ?Riprap ?Breakwater/Sill ?Other: c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Sheet vinyVwood as indicated on plan. g. Number of square feet of fill to be placed below water level. Bulkhead backfill 4.095 SF. 750 CY Riprap Breakwater/Sill Other i, Source of fill material. Permitted Borrow Pit f. (i) Has there been shoreline erosion during preceding 12 months? ?Yes SNo ?NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Sand 4. OTHER FILL ACTIVITIES 0This 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 oiaced in coastal wetlands/marsh rCW1- If yes, (ii) Amount of material to be placed In the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (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: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing and establishment of permanent vegetation. c. (i) Will navigational aids be required as a result of the project? ?Yes SNo ?NA (ii) If yes, explain what type and how they will be implemented. John Sheppard, Member/Manager uate -?? ? 2-f> IlP? 8 Pamlico Consort, LLC roperty Project Name b. What type of construction equipment will be used (e.g., backhoe, or hydraulic dredge)? Backhoe, Dump Truck, Excavator, Pile Drive d. (i) Will wetlands be crossed in transporting equipment to project site? ?Yes SNo ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A Applicant Name Appilra Ignature 252-808.2808 :: 1-888-4RCOAST :: www;nccoastalmanagement.net revised: 12126/06 Form DCM MP-3 UPLAND DEVELOPMENT 4) s? (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 3 Tax Parcels Under Two Different Owners Dockmaster Office/Ship Store/Dockhouse, Wood Walkway c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. <1 4,000 SF to construct 3,304 SF of wood walkway on upland area e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land-disturbing No new impervious areas proposed. activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ?Yes ?No [DNA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built-upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 7.64% ?Yes ?No ENA i. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 10,31% j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local Existing septic system on site. approval? ?Yes ?No ENA If yes, attach appropriate documentation. 1. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "wash down" and residential discharges). ?Yes ?No NNA Surface water runoff only. If yes, attach appropriate documentation. 252-808-28082:: 1-888-4RCOAST:: www.nccoastaimanagement.net revised, 12126106 r ' Form D CM MP-3 (Upland Development, Page 2 of 2) -r K m. Describe proposed drinking water supply source (e.g., well, n. (1) Will water be impounded? QYe$ ' Nom ONA community, public system, etc.) (ii) If yes, how many acres? Pamlico County Water System (Public, Existing) o. When was the lot(s) platted and recorded? Prior to 1970 Date -3 r 'Z-4V ' O F?, Pamlico Consort, LLC Property Project Name John Sheppard, Member/Manager - Pamlico Consort, LLC Applicant Signature-_,, p. If proposed development is a subdivision, will additional utilities be Applicant Name installed for this upland development? [3Yes QNo ONA 252-808-2808 :: 1-888-4RCOAST c www.necoastaimanagement.net revised: 12126/06 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. (i) Is the docking facility/marina: ®Commercial ?Public/Government ?Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 99' Long (iv) Width 6- (v) Floating ?Yes ®No ?This section not applicable b. (i) Will the facility be open to the general public? ?Yes NNo d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ?No 7 20' 3' or 5' as indicated on plan ?Yes ®No e. (i) Are Platforms included? ®Yes ?No f. (i) Are Boatlifts included? ?Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 153' (iii) Length (iv) Width 6 (iv) Width (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ? Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 42 ? Dockage, fuel, and marine supplies ® Dockage ("wet slips') only, number of slips: 52 ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ? Other, please describe: i. 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: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Sailboat, power boat mix including 2 catamaran slips k. Typical boat length: 40' (50' Max) m. (i) Will the facility have tie pilings? ®Yes ?No (ii) If yes number of tie pilings? 17 1. (i) Will the facility be open to the general public? ?Yes NNo 252-808-2808 :: 1-888-4iltCOAST :: www.nccoastalrnanaement.net revised- 12/2710 Form DCM alI° (t3P, P3o 2 o4 1 Y II ' 2. DOCKING FACILITY/MARINA OPERATIONS ` ?Thi`(f3(`]section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ' ® Office Toilets X34 r? ®Toilets for patrons; Number: 2; Location: New Dockhouse ? ',•;,. . i.f j r a y ® Showers ® Boatholding tank pumpout; Give type and location: Mobile at Dockhouse b. Describe treatment type and disposal location for all sanitary wastewater Existing on-site septic system. c. Describe the disposal of solid waste, fish offal and trash. Pamlico County Refuse Collection d. How will overboard discharge of sewage from boats be controlled? "Closed Head" signage, monitoring by dockmaster, verbage on lease agreements. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 3 new at head of new dock and existing dock areas. (ii) Give the location and number of "Pumpout Available" signs proposed. 3 at same locations as "closed head" signage. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. None g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. None j. What will be the marina policy on overnight and live-aboard dockage? No live aboards allowed. Overnight dockage limited to 5 days. k. Describe design measures that promote boat basin flushing? Open water marina. 1. If this project is an expansion of an existing marina, what types of services are currently provided? New marina on new tax parcel. 252-808-28098 :: 9-888-4RCOAST :: www.nccoastaimanagement.net revised. 112127106 arm z'aw btecku°e? age b m. Is the marina/docking 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? t ?Yes ENo 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 a#ecfK ` ?CW ?SAV ?SB d . ?WL ®None p. Is the proposed marina/docking 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. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock, groin, use MP-2, Excavation and Fill.) ®This section not applicable I a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, 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 ER This section not applicable a. Is the structure(s): ?Commercial ?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.) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimana_qemeiit.net revises:: 12127/06 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 111' Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body 560 feet e. (1) Will navigational aids be required as a result of the project? ?Yes ONo ?NA (ii) If yes, explaln what type and how they will be implemented. a z b. Proximity of structure(s) to adlacent,dockingfacillhee:, - 153 feet d. Water depth at waterward end of structure at NLW or NWL Varies between 4 to 6 feet I8. OTHER pThis sect/on not applicable a. Give complete description: See attached narrative. Date 3 17'-1;' 1 p l _ Pamlico Consort, LLC Property Project Name John Sheppard, Member/Manager Applicant Name -Q? Applicant Sig ture 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12127106 PROPOSED 10-SLIP DOCK AND OTHER MISCELLANEOUS DEVELOPMENT PAMLICO CONSORT, LLC PROPERTY OLD LUPTON ROAD, NCSR 1326 i ' , PAMLICO COUNTY, NORTH CAROLINA PROJECT DESCRIPTION r .?; This project consists of the development of a 10-slip dock and other miscellaneous development on a parcel of land owned by Pamlico Consort, LLC at the end of Old Lupton Road, NCSR 1326 in Pamlico County, North Carolina. The Pointe Marina facilities are also located on these tax parcels. The subject property is presently undeveloped. An older residential structure was recently removed from the property. A small wooden net house, grass vegetation and timber vegetation exists on the site. Additionally, a dock house and concrete slab exists on the property as does the existing Pointe Marina docking facilities. Additionally, a small inland manmade basin exists on the northwestern side of the property. This basin is partially located on the subject property and the adjoining property to the northwest owned by Joe and Kevin Avolis. The scope of development requested to occur under this CAMA Major Permit Application is as follows: Construction of 10-slip marina on Pamlico Consort, LLC property. 2. Bulkheading and backfilling of existing manmade basins. 3. Installation of 135 linear feet of bulkheading. 4. Construction of clubhouse facility on existing concrete slab. Construction of wooden walkway adjacent to Pointe Marina slips. The extent of the proposed construction is delineated on the enclosed project plans and is discussed in detail below for each construction element: 1. Proposed 10-Slip Marina It is proposed that a new 10-slip marina be constructed on Parcel A of the site. This parcel has a total shoreline length of 543 linear feet. It is proposed that a new 10-slip docking facility be constructed as outlined on the enclosed plans. Hydrographic and physical survey features are depicted on the enclosed maps. It is proposed that the a elevated fixed dock system be constructed. It is proposed that a total of 1,892 square feet of dock coverage occur. The total proposed impacts to public trust waters by the proposed marina is 12,531 square feet and is outlined on the enclosed plans. 2. Construction of Dock House Facility ?., The existing Pointe Marina has an existing clubhouse facility locate 'immediate' Lv to adjacent to the head of the dock system. The existing pre-engineered meo building structure is proposed to be demolished and to be replaced with a re'w , clubhouse facility which will be constructed atop an existing concrete slab as delineated on the project plans. The overall footprint (including roof overhangs) of the proposed clubhouse facility will not extend beyond the limits of the existing slab. A plan and cross-section review of the proposed clubhouse facility are included on the project plans. 3. Filling Manmade Basin It is proposed that the existing manmade basin located partially on the Pamlico Consort, LLC property and the adjoining Avolis property be filled. Specifically, it is proposed that a wood bulkhead be extended across the face of the manmade basin and that earthen fill be placed to backfill the basins. It is proposed that a total of 45 linear feet of bulkheading be installed to retain the fill in the mouth of the manmade basin. The basin to be filled covers a total area of 4,095 square feet. Enclosed with this application is a letter from Avolis authorizing the filling of this basin by Pamlico Consort, LLC. 4. Bulkhead Construction In addition to the 45 linear foot of bulkheading to be installed so that the manmade basin can be filled, it is proposed that an additional 90 linear feet of vinyl bulkheading material be installed adjacent to the Pointe Marina complex in order to further stabilize the existing shoreline. The extent of the proposed bulkheading is depicted on the project plans as if a typical cross-section. 5. Wooden Walkway Construction It is proposed that 6-foot wide wooden cross walkway be constructed along the existing marina slips on Coffee Creek. The extent of construction of this wooden walkway is depicted on the enclosed project plans as is a typical cross-section. No other development is proposed to occur on the subject property. PURPOSE, USE AND OPERATION OF THE PROJECT The purpose of this project is to develop a 10-slip marina on the Pamlico Consort, LLC property and to allow construction of a new clubhouse facility on the existing concrete slab. Additionally, portions of shoreline not presently protected will be bulkheaded to prevent further shoreline erosion and to allow filling of an inland manmade basin. A wooden walkway will also be constructed along the existing marina slips along Coffee Creek to provide better access to these marina slips. METHOD OF CONSTRUCTION The proposed construction will occur utilizing normal marine construction techniques. ; Pile driving operations for the new 10-slip marina will occur from the water side utilizing pile driving equipment staged on barges. Smaller hand tools will be utilized to construct the dock platforms: The proposed clubhouse facility will be erected utilizing normal construction equipment such as hammer, saws and power nailers. It is proposed that the wooden walkway be constructed from the land side of the development. The vinyl sheet piling along the shoreline section can also be installed from the landside of the development. The inland basin will be pumped dry and backfilled with an earthen fill material. The earthen fill will be transported to the site by dump trucks and will be placed with small excavators. PERMITS No other permits are required to execute this project. Less than one acre of total land will be disturbed. State Stormwater and Erosion Control Permits will not be triggered by this development. AVOLIS ENGINEERING P.A. ZJ P.O. Box 15564 New Bern, North Carolina 28561 E 2 4 633-0068 may. f w. CERTIFIED :. March 19, 2008 Mr. Jimmy Watson 267 Old Lupton Road Merritt, NC 28556 RE: CAMA Permit Pointe Marina Condominiums, NCSR 1327, Pamlico County, North Carolina AE Project No. 06015 - Dear Mr. Watson: Enclosed please find a copy of the above-referenced permit application for the referenced project which is to be constructed on the property adjacent to your property. Pamlico Consort, LLC is required to notify riparian abutting property owners of the planned action. Please direct any comments you may have relative to this proposed action to Mr. David W. Moye, CAMA Permitting Office at the following address: Mr. Rich Weaver, Major Permits Coordinator NCDENR - Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Should you have any questions regarding this project, please do not hesitate to call. Sincerely, ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: -\- A. Sjgt?ature p Agent 1 ?.+?,; <<f X I >? p Addressee Received by (Printed Name) C. Date of Delivery D. Is delivery ad ress different from item 1? p Yes if YES, enter delivery address below: ? No 3. Service Type ElCertified Mail p Express Mail p Registered URetum Receipt for Merchandise p insured Mail p C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number 7007 1490 0003 1802 5557 (Transfer from service label) - PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W 1540 L CERTIFIED March 19, 2008 AVOLIS ENGINEERING, I P.O. Box 15564 - New Bern, North Carollno 28 Mr. & Mrs. Kenneth W. Tiller 67 Tiller Extension Merritt, NC 28556 RE: CAMA Permit Pointe Marina Condominiums, NCSR 1327, Pamlico County, North Carolina AE Project No. 06015 Dear Mr. & Mrs. Tiller: Enclosed please find a copy of the above-referenced permit application for the referenced project which is to be constructed on the property adjacent to your property. Pamlico Consort, LLC is required to notify riparian abutting property owners of the planned action. Please direct any comments you may have relative to this proposed action to Mr. David W. Moye, CAMA Permitting Office at the following address: Mr. Rich Weaver, Major Permits Coordinator NCDENR - Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Should you have any questions regarding this project, please do not hesitate to call. Sincerely, Avolis, P.E. M C3 Q- f ° , t complete items 1, 2, and I Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to* M 1'if ^?fl a4- J? X gig re ? ? Agent [?{ 0 Addressee B Received by (printed Name) C. Date of Delivery D. Is delivery address different from ftem 1? 0 Yes if YES, enter delivery address below: 0 No A _A aA + 3. Service Type .Certified Mail 0 Express Mail ? Registered U Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7007 1490 0003 1802 554 2. Article Number (transfer from service label) 102595-o2.M-1540 Domestic Return Receipt PS Form 3811, Febwary 2004 April 21, 2008 Pamlico Consort, LLC P.O. Box 181 Oriental, NC 28571 RE: Pamlico Consort Property Old Lupton Road, NCSR 1326, Pamlico County, North Carolina AE Project No. 06015 North Carolina Craven County I, Beth Simmons, a Notary Public for said County and State, do hereby certify that Joseph C. Avolis and John Kevin Avolis personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness My official seal, this the 21S` day of April, 2008. Notary Public April 22, 2009. John Shepard of Pamlico Consort, LLC has permission to perform the work as indicated on the Pamlico Consort, LLC Property plans on the adjacent property owned by Mr. Joseph C. Avolis