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HomeMy WebLinkAbout20171183 Ver 1_CAMA Application_20170918�NYIE�`CNRjENT'AI:'ciUALITI� September 14, 2017 MEMORANDUM: TO:. FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COO.FER. gov&nor MICHAEL 5.:REC_AN 5eeretgry B:RAXTON C. DAVIS Director 2 0 1 7 1 1 83 Karen Higgins Division of Water Resources Gregg Bodnar . Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Carteret County (Bulkhead Channel No Wake pilings) Carteret County, Bulkhead Channel and adjacent to Rachel Carson Reserve and Radio Island Public Beach Access. . Proposes to add (3) "No Wake" pilings within the existing established No Wake Zone. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 4, 2017. 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. SIGNED DATE <�-Nothing Compares--', State of North Carolina I En*onmenta[Quanty I Coastaftnagement Morehead City offtde 1 400 Commerce Avenue I Morehead City, NC 28557 2R 8082808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Carteret County c/o Eugene Foxworth (Bulkhead Channel no wake pilings) 2. LOCATION OF PROJECT SITE: Located along Bulkhead Channel and adjacent to Racheal Carson Reserve and Radio Island Public Beach Access. Photo Index - 2006: 42-6409 grid (J-18&19), (P-18&19) State Plane Coordinates -Longitude: 76°.678825 Latitude: 340.712079 Longitude: 760.678857 Latitude: 34°.708931 Longitude: 760.679815 Latitude: 340.708526 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/19/17 Was Applicant Present — /Yes 5. PROCESSING PROCEDURE: Application Received — 8/8/2017 Application Complete- 8/18/2017 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City dated 2007 Land Classification from LUP — Port Mixed Use/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: public (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Structures: Existing — USCG navigation pilings and no wake buoys Planned — Three no wake pilings (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water (3 pilings) N/A N/A 112 ft2 Incorp. (D) Total Area Disturbed: 112 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to add three "No Wake" pilings within the existing established No Wake Zone within Bulkhead Channel and adjacent to Rachael Carson Reserve and the Radio Public Beach Access. Field Investigation Report: Carteret County "No Wake" Pilings Page 02 9. Narrative Description The Town of Morehead City "No Wake" piling project is located along Bulkhead Channel and adjacent to The Rachael Carson Reserve and the Radio Island Public Beach Access. The "No Wake" zone currently has USCG navigation pilings and several no wake buoys along Bulkhead Channel. The Morehead City Land Use Plan classifies this property as Port Mixed Use, with all AEC's classified Conservation. This section of Morgan Creek/Bogue Sound is not designated as Primary Nursery Area, is closed to the taking of shellfish and carries a water classification of SA. No SAV's or shellfish beds were observed within the proposal project area. This area is presently designated as a "No Wake" zone by the WRC as per 15A NCAC 10F.0330. 10. Project Description: The "No Wake" pilings, per the applicant, would be placed in accordance to coordinates provided by the NC Wildlife and would follow all required NC Wildlife guidelines. This area is designated as a regulated area per 15A NCAC l OF.0330, Carteret County, to provide a no wake zone in the waters of Morgan Creek and vicinity. Once the pilings have been appropriately placed, the "no wake" area would be enforceable by WRC. The pilings would be located along the channel edge of Bulkhead Channel and would not extend into the existing channel area. They would be located at the following coordinates; • Piling # 1- 34.708526N 76.679815W • Piling #2- 34.712079N 76.678825W • Piling #3- 34.708931N 76.678857W The pilings would be marked with the standard 4 square foot white reflective face with an orange border and an orange circle in the center containing "No Wake" and "Slow". They would be 10 inches in diameter and 45' long. The pilings would be driven 15' into the ground by a pile driver and would be 15' above mhw/nhw. 11. Anticipated Impacts: The proposed piling placement would incorporate a total of 112ftz of open Waters and would cause temporary turbidity during placement. There would be no hindrance to navigation due to the fact they would be located outside and along the edge of bulkhead channel. The piling placement has the potential to improve public safety within this area and ensure this "No Wake" zone is enforceable by NCWRC. Name: Heather Styron Date: 9/14/17 Morehead City Applicant:OALzaL€3 Selection Development Type Fee DCM % DWQ % (14300 16014351000931625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands oro en water areas: II. Public or commercial development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands oro en water areas: EJ Major Modification to a $250 100%($250) 0%($0) CAMA Ma'or ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (see 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: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: Project Narrative Carteret County is proposing three no wake zone pylon signs along Bulkhead Channel, the exact pylon sign locations have been included on the attached map. The no wake zone along bulkhead channel is extremely important due to its proximity to Rachael Carson Reserve and Radio Island Public Beach Access. This no wake zone helps protect the shoreline of Rachel Carson Reserve and it protects the public at the Radio Island Public Beach Access. Carteret County has two existing no wake zone buoys marking this area. The North Carolina Wildlife Resources Commission and the North Carolina Marine Patrol have issued numerous citations to boaters violating this no wake zone. Boaters often state that the reason they did not abide by the no wake zone was because they never saw the existing buoys. Once the pylon signs are installed, boaters should be able to easily and clearly identify the no wake zone. The pylons will be a total of forty-five feet in length and will be driven fifteen feet into the ground by a pile driver. Fifteen feet of the pylon will be above the mean high water line and the no wake signs will be placed towards the tops of the pylons. Signs will have a standard four square foot white reflective face with an orange border and an orange circle in the center. k ,� AUC Q 2017 D"I- MHD CITY ON MP -1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Carteret County Project Name (if applicable) Bulkhead Channel No Wake Zone Pylon Signs Applicant 1: First Name Eugene MI Last Name Foxworth N/A Applicant 2: First Name MI Last Name Agent/ Contractor 1: First Name If additional applicants, please attach an additional page(s) with names listed. Last Name Mailing Address 302 Courthouse Square PO Box City Beaufort N/A State NC ZIP 28516 Country us Phone No. 252 - 728 - 8545 ext. FAX No. 252 - 728 - 6643 Street Address (if different from above) City State Mailing Address IF Email eugene.foxworth@carteretcountync.gov City State Z. Agent/Contractor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name N/A N/A N/A Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State N/A N/A N/A N/A ZIP Phone No. 1 Phone No. 2 N/A N/A - - ext. N/A - - ext. FAX No. Contractor # N/A N/A Street Address (if different from above) City State ZIP N/A N/A N/A N/A - Email N/A <Form continues on back> AUG 07 2017 252-808-2808 .. 1-888-4RCOAST .. www. nccoastaImanagement. • Ho ITT Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 40 th <Form continues on next page> a 2.52-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net i.00 ffi owe _ _ fir.. ''. v.- :. -2 Yt,. # � County (can be multiple) Street Address State Rd. # Carteret N/A N/A Subdivision Name City State Zip N/A Beaufort NC 28516 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. N/A, I , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bulkhead Channel 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 Back Sound 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. N/A Morehead City and Beaufort 40 th <Form continues on next page> a 2.52-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net i.00 ffi owe _ _ fir.. ''. v.- :. -2 Yt,. # � a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq -ft.) N/A N/A 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) N/A ❑NHW or ❑NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract N/A g. Identify and describe the existing land uses adjacent to the proposed project site. This site is bordered to the East by the Rachel Carson Reserve and it is bordered to the West by the Radio Island Public Beach Access. 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 ®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? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA > o National Register listed or eligible property? cv 40 th <Form continues on next page> a 2.52-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes NNo (ii) Are there coastal wetlands on the site? ❑Yes NNo (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 artd IMPacts a. Will the project be for commercial, public, or private use? ❑Commercial NPublic/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this project is to aid in the navigation of the Bulkhead Channel no wake zone. The proposed pylon signs will be used by the public on a daily basis. 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 only equipment that will be used for this project is a pile driving barge. All of the construction equipment used for this project will be stored off-site. d. List all development activities you propose. The only development activities proposed for this project is driving three pylons into the ground along the edge of Bulkhead Channel 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? N/A ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No NNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No NNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No NNA j. Is there any mitigation proposed? ❑Yes ❑No [DNA If yes, attach a mitigation proposal. <Form continues on back> REQ IV -UE AUG 01 2017 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagem V.,►1w, HIQ CITY Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit ,ac e t° ; e�omp�e � ; �a7 a ! tie # a oieuelo �� t cca�ro �e se'b�t the,, atr vast ufon bool o °«` , reer5 w p a p� 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 NC State Ports Authority Phone No. (252) 726-3158 Address 113 Arendell Street, Morehead City, NC 28557 as r•_ �. a 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. �s 4. AZ� M.�r�s-.._,._.,:.-.a_. 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 07/25/2017 Print Name Eugene Foxworth Signature dzdt'�Z"Z sr-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.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 ®This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government ❑Private/Community ❑Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ❑No (ii) Number If yes: (iii) Length (ii) Number (iv) Width (iii) Length (v) Floating [-]Yes ❑No (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (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. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing 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: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: I. (i) Will the facility be open to the general public? ❑Yes ❑No m. (i) Will the facility have tie pilings? ❑Yes ❑No EI ` (ii) If yes number of tie pilings? AUG 0 7 2017 Cho y� 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 2 of 4) i ^-> . 1 a1,� a ha �, "'' —a,fb � ' '- 3 Z bOG GAClLITY1MARIN , �4TIONS', f;�: hrs ecf no , o p Ice"6�e .x.>: 6 :�.'-d . Y "" ..... -r, v .. .. 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. (ii) 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 marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No DC- WIHD CITY 252-808-2808 :: 1-888-4RCOAST www.nccoastaimanagemen.t.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 3 of 4) 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 OSB ❑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. 3. BOATHOUSE (including covered lifts) E 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. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) ®This section not applicable 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 ❑This section not applicable a. Is the structure(s): ❑Commercial OPublic/Government ❑Private/Community c. Distance to be placed beyond shoreline 200', 500' and 400' Note: This should be measured from marsh edge, if present. e. Arc of the swing N/A b• Number 3 d. Description of buoy (color, inscription, size, anchor, etc.) N/A 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 120', 30', and 250' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 700' e. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. N/A d. Water depth at waterward end of structure at NLW or NWL 15' OThis section not applicable a. Give complete description: The pylons will be a total of forty-five feet in length and will be driven fifteen feet into the ground by a pile driver. Fifteen feet of the pylon will be above the mean high water line and the no wake signs will be placed towards the tops of the pylons. Signs will have a standard four square foot white reflective face with an orange border and an orange circle in the center. F.:711 07/25/2017 ISM Pete .Bulkhead Channel No V^lake Zone Pylon Signs Project Name :Eugene Foxworth A( plicant ame r — -- - App'; ant Signature ECEIVE AUG 07 2017 252-808-2808 :: 1-888-4RCOAST :: wwwncepastalmanagmentnt revised: 12/27/06 I CRO55 S-EC=N& I A101161 Pr a� \S 0 6u6K fpD CO vvca�No \4 FRECEIVED AUG 0 7 2017 DCM- MH® CITY 1)Ati': 06ta7ljol1 �VcARfi�2� oCr coopill