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HomeMy WebLinkAbout20140227 Ver 2_CAMA Application_20170913Goa�tat l�fai�age�tett� 90VIg0NMENTA4'AUAL ITY September 12, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Karen Higgins Division of Water Resources Gregg Bodnar Major Permits Processing Coordinator ROY COOPER governor MICHAEL S. RE,bAN Secretary BRAXTON C. DAVIS Director CAMA/DREDGE & FILL Permit Application Review Jody Henries Project Location: Pamlico County, adjacent to Lewis Creek at 199 Timber Point Dr., near Merritt. Proposed Project: Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer. at (252)808-2808. Ext. 214. 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 EnvironmentalQual'cty. i Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jody Henries LOCATION OF PROJECT SITE: The project is located adjacent to Lewis Creek at 199 Timber Point Drive, near Merritt, Pamlico County. Latitude: 35° 8'8.08"N Longitude: 76°41'36.55"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 7/26/16 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 8/24/17 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Pamlico County (January 28, 2005) Land Classification from LUP —Rural with Services (B) AEC(s) Involved: CW, ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — none Planned - off-site septic (F) Type of Development: Existing — earthen fill and storage shed Planned - docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED nvrnuP/RHADED (A) Open Water 1,289 ft2 shaded 250 ft2 shaded (B) Coastal Wetlands (E) Total Area Disturbed: 1,539 ft2 (F) Primary Nursery Area: Yes (G) Water Classification: SC; Sw, HQW, NSW Open: No (H) Cultural Resources: None Proiect Summary: The applicant wishes to construct a docking facility for personal use adjacent to Lewis Creek, Pamlico County. Field Investigation Report: L Jody Henries Page 2 Narrative Description: The property is located adjacent to Lewis Creek (off Mason Bay) at 199 Timber Point Drive, near Merritt in Pamlico County. This private residential property is currently developed with earthen fill (for a future home site) and a storage shed. The adjacent riparian properties are undeveloped residential lots. The elevation of the high ground of the parcel is about 3' above the normal water level (nwl). Vegetation on the parcel mainly consists of native trees and shrubs. There are Coastal Wetlands (Juncus roemerianus) within the project area. The 3.3 -acre parcel has approximately 417' of continuous shoreline along Lewis Creek and Mason Bay, tributaries of the Bay River. Immediate offshore water depths adjacent to the parcel range from — 2' to —4' nwl. The subaqueous substrate is soft without shell. There is not a cultural resource in the nearby vicinity of the project area. The Lewis Creek waterbody is approximately 60' across at this location, and Mason Bay is approximately 600' wide at this location. These coastal waters are classified as a Primary Nursery Area. Submerged aquatic vegetation is not present at this location. This area is closed to shellfish harvest and is classified as SC; Sw, HQW; Nutrient Sensitive Waters. There is not a defined Federal Channel in the vicinity of this project area. This project area is subject to the Neuse River Riparian Buffer Rules. Proposed Development: The applicant proposes to construct a docking facility adjacent to Lewis Creek, near Merritt. The proposed development would take place at 199 Timber Point Drive, Pamlico County. The proposed docking facility would be for the private use of the property owner. The proposed pier access would begin on the high ground and traverse northwest over the Coastal Wetlands (Juncus roemerianus) into Lewis Creek. This proposed pier would be 5' wide and 110' long. Once the pier access reaches Lewis Creek, there would be 10' by 11' platform adjacent to a 10' by 20' boathouse. At the terminus of the pier walkway in the confluence of Lewis Creek and Mason Bay, there would be a 14' wide and 46' long "L" platform with a 5' by 10' stepdown platform parallel to the landward side of the southeast end of the "L" platform. Anticipated Impacts: The proposed docking facility would shade 1,289 square feet of estuarine waters and 250 square feet of Coastal Wetlands. Traditional marine construction methodology will be utilized during the construction of this project. Turbidity impacts are not anticipated during construction activities in Lewis Creek. The pier, boathouse, and "L" platform would extend no further than 15' waterward into Lewis Creek, which would be the maximum distance allowed due to the '/4 width. There is not a cultural resource in the nearby vicinity of the project area. This project area is subject to the Neuse River Riparian Buffer Rules. These waters of Lewis Creek and Mason Bay are classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed. This area is closed to shellfish harvest and is classified as SC; Sw, HQW; Nutrient Sensitive Waters. There is not a defined Federal Channel near the project area. It would not be a hazard to navigation as it would meet the '/4 width rules, in this case 15' waterward into Lewis Creek from the edge of the marsh. Brad Connell September 12, 2017 Morehead City Attachment: Project Narrative 11 199 timber pt. dock project 8/24/2017 The project that I have proposed at 199 Timber pt. in Merritt, NC on Mason bay ,will be building a personal use dock with a covered boat lift to store my skiff. The dock will be used to leave the boat between family boat ride, fishing trips and to just set and relax. The project I hope is to be started by mid-September to beat the wet season so the impact on the ground will be less .A local marine contractor company will be vibrating the piling down with a small excavator. The first of October we will be placing the concrete dock panels and finishing up small details. The last step will be installing the boat lift by November. Jody Henries Henries200@yahoo.com (252)670-4330 N IV APPLICATION for M Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Jody MI W Last Name Henries Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1590 Alligator loop Rd PO BoxState City Merritt N.C. ZIP 28556 Country Pamlico Phone No. 252 - 670 - 4330 ext. FAX No. Street Address (if different from above) City State ZIP Email henries200@yahoo.com 2. AgentContractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City StateZIP ` �x RECll M.. Email AUG 2 4 Clio, -# 31I l AV -1t ca"', <Form continues on back> D C ]" M H 1-888-4RCOA-S a .. Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit J. Project Location County (can be multiple) Street Address State Rd. # Pamlico 199 Timber Pt Dr d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip Timber Point Merritt N. C. 28556 Phone No. Lot No. (s) (if many, attach additional page with list) 252- 670 - 4330 ext. ' lot #6 1 ' a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Bay River Mason Bay 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 Bay River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes R]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.) 417' ft 144,619.2' sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3.3 ac 3ft ®NHW or ❑NWL e. Vegetation on tract wet lands trees, grass, and shrubs f. Man-made features and uses now on tract Barn for storage,fill dirt for house foundation and low spots g. Identify and describe the existing land uses adjacent to the proposed project site. empty lots h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) residental ❑Yes []No ONA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes QNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ONA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No WNA National Register listed or eligible property? <Form continues on next page> RE 'El W,, 252-808-2808 :: 7-888-4RCOAST :: www.nccoastalma# Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Yes ❑No (ii) Are there coastal wetlands on the site? WYes ❑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. none, permit for off site drain feild o. Describe existing drinking water supply source. city 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 ❑Public/Government private [Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. private dock to leave my boat between fishing and family trips.somewhere for the children to swim,a place to sit and read my bible. 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. 1 excavator with vibrating attachment;1 backhoe;1 compact tractor; generator;hand tools;pneumatic piling driver this equipment will be stored in shed or on the hill at the entrance of the property d. List all development activities you propose. a private dock with a covered boat lift and platform with step down 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? 0 sq ft ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes [X -]No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A L Will wastewater or stormwater be discharged into a wetland? []Yes ❑No DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No [INA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> ACJ 252-808-2808 . 1-888-4RCQAST .- www.nccoastaimanag ©tet. �Q,7 E 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 properly prepare the required items below. a. A project narrative. see attached paper: 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. All work is new construction to be started on 9-9-17 c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site, 99 timber pt , Merritt, n 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 Eric Johnson Phone No. Address _1263 Overton Circle; Gallatin ,TN. 37066 (319)887-3860 Name Gregory Derman Phone No. Address 1480 North Ridge Path--Hernando,FL,34442 (352)513-3407 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 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 f - Atl - % 7 Print Name Jody Henries Signature 1,r 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 4JU G , 4. 2017 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net i-WHOl CITY 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 1 If yes: (iii) Length a' W (ii) Number (iv) Width �-° 7 i (iii) Length (v) Floating ❑Yes allo (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 2 (ii) Number 1 (iii) Length 10'---13'-6"---- Jr' (iii) Length 20' (iv) Width 10'--45'-6"—. -• ip� (iv) Width 10' (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. 1 in boathouse ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service na ❑ 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: personal 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: k. Typical boat length: 20' m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). personal skiff I. (i) Will the facility be open to the general public? ❑Yes RNo Imo' `' CIT 252-806-2808 :: 1-888-4RCAAST «« www.nccoastaimanaciement.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 2 of 4) 2. t DOCKING FACILITY/MARINA OPERATIONS ®(This section not applicable a. b. 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: 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• L Give the number of channel markers and "No Wake" signs proposed. 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? R"ENE�Y� 2 4 2017 MHD CITY 252-808-280$ :: 1-888-4RCOAST :: www.nccoastaimanaaemeret.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 3 of 4) 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? []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 200sf ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes RJ:No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3, BOATHOUSE (including covered lifts) [I This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ®Private/Community (ii) Number 1 (iii) Length 20 (iv) Width 10, 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.) JaThis section not applicable a• (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) JRThis 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 RThis section not applicable a. Is the structure(s): b. Number []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 d. Description of buoy (color, inscription, size, anchor, etc.) fi11'-A D C IT 252-808-2808 :: 1-888-4RCOAST :: www.necoastaimanaaement.net revised: 12/27/06 Forth DCM MP -4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 70' to the east property line Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 64' most constricted area e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No [INA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 320' to the next peir to the west d. Water depth at waterward end of structure at NLW or NWL 4' nwl 8.OTHER ❑This section not applicable a. Give complete description: the purposed dock will have a covered 10'by 20' covered boat liftwith a 10' by 10' platform and a 13'-6"by 45'-6"platform. the platform at the end will have a small 4' by 10' step down. 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