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HomeMy WebLinkAbout20180818 Ver 1_CAMA Application_20180614Coastal Management ENVIRONMENTAL QUALITY June 12, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Karen Higgins Div. of Water Resources Gregg Bodnar Major Permits Processing Coordinator CAMA Permit Application Review Sanitary Fish Market & Restaurant Inc. Project Location: 501 Evans Street, Morehead City NC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 201808'8 1�C�/ 4 t°�® sT oFNR � � 201g �RMWA 1/�T�NG Proposed Project: Proposing to add a loading and unloading staging area for charter and tour boats, to reconfigure two of the existing larger slips into three smaller ones for a total slip count of 14 and adding three floating platforms. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 3, 2018. If you have any questions regarding the proposed project, please contact Gregg Bodnar, Permit officer at (252) 808-2808. 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 State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Dom NP -1, 4A APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Project Name (if applicable) nn Applicant- First me MI Last Name Jeffr-e L4 Garfler" Applicant 2: First Name MI/4 Last Name ,o If additional applicants, please attach an additional page((ss))V /with names listed. /V / Mailingdress P x Cit State PD 6w 393� y��/ ZIP Country Phone No. FAX No. Z5,5-7 0 ayl- )ID ext. 111145o '110 Street Address (if different from above) City State ZIP Email °q►t�Cc�r�ctorfnfor►izat�`on = #� Business y�me ( wt AN KS / CovtS�-ucTiOn Agent/ Contra r 1: First N me < MI Last Name <Syr i PC" Agent/ Contractor 2: FirstNp�e MI Last Nam�VIA Mailing Address r t l' i bt r nerS Oa i 4. 31c.0 PO Box City �'✓l ` State , ZIP 55 Phone No. 1 ext. Phone No. 2 v ^% M- /t//,#� ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email14-1 <Form continues on back> RECEIVED FEB 16 2018 252-808-2808 .. 1-$88-4RCOAST — www.nccoastalmanagement.net H D CITY Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address State Rd # ar G �Pi� 501 bdk/'6 Ly-, Subdivision Name City zip J � Iffm State{ � Zip ��7 opow A Phone No. �/ p A Lot No.(s, attach gdditional page with list) J� - � -(1 1 D � ext. �1ff ///t/ a. In which NC river basin is the project located? b. Name of body of water n est to pr pos d project �_ I 10 ��I �� r' ��k Coe c. Is 4 water body identified in (b) above, natural or manmade? d. Tat�e closest major water body to the propos roject site. Natural ❑Manmade ❑Unknown e. Is pro sed work within city limits or planning jurisdiction? f. If applicable, list the planninTiurisdiction or city limit a proposed es []Now�o}r'kk ails within. ll ,IM 4 Site DescriRfioin F� - �� ' =3 a. Total length of shor lin onjthe tract (ft.) �� b. Size of entire tract (sq.ft.) G �V �Z 4 c. Size of individual lot(s) d. A roximate elevation of tract above NHW (normal hJ water) or (If many lot sizes, attach list)EW6W NWL (normal water level please additional page with a or ❑NWL e. Vegetation on tract o f. Man-made features and uses now on tract 3 i -5 g. Identify and describe the existing land uses adjacent to the proposed project site. \ h. How does local government zo a the tract? i. Is the proposed project consistent with the applicable zoning? (Att 5911zoning compliance certificate, if applicable) f�IYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes EKo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No 5NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []No 24A National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-41ItCOAST :: www.nccaastalmanageme FZWJ 6 2018 Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes o (ii) Are there coastal wetlands on the site? []Yes (iii) If yes to either (i) or (ii) above, has a delineation �fO been conducted? []YesPNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply s rce. cf p. Describe existing storm water management or treatment systems. a. Will the project be for commercial, public, or private use? ommerciald ❑Public/Government ❑Private/Community b. Give a brief description of purp se, usjj and daily ti ns ofthe pr . tt when complete. �lQ �DCI�� Crl4�YV/ c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number Iof eeaychhtt pe of equipment and where it iso stored. C f �v �! o� sr d. List all developm nt activities you propose. j 5.1 r14Ce' 0,CQrMc� l rc al e. Are the proposed activities maintena a of an xisting project, new work, or both? c � f. What is the approximate total disturbed land area resul 'ng from the proposed projQCt? q.Ft or []Acres g. Will the proposed project encroach on any public easemen , public accessway or other area that the public has established use of? C]Yes o ❑NA h. Describe location arp type of existing and proposed dischar s tow ers q the state. i. Will wastewater or stormwater be discharge�inwellandt ?No L]iAk If yes, will this discharged water be of the sity as he receiving water? ❑Yes QNo ANA j. Is there any mitigation proposed? ❑Yes *0 [INA If yes, attach a mitigation proposal. <Form continues on back> REUE:sV 252-808-2808 .. 1-888-4RCt?AST www,nc�a agate Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6 Add- #%ntl�►forrra#�o� � t v 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 � t�aJ� Phone No. ���, z g. A list of previous state or federal per its issued for work on the project trac . Include permit numbers, permittee, and.' suing dates. M in`� - l 1 got/ n t` not' ad J0 17 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. the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North C of vironmental Policy Act. 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 t at the i formation provided in this application is trut o the st of my knowledge. Date Print Name✓l�– Signature Please indicate application attachments pertaining to your ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -3 Upland Development aDCM MP -4 Structures Information IT— ❑DCM MP -5 Bridges and Culverts 252-808-2808 .. 1-888-4RCOAST ., www-ccoas tall management. net 4 ✓C ff t &, iii,' �lylr5' Form DCM MP -4 STRUCTURES (Construction within Public Trust Areas) - Attach -this form to roint�Cpp Ica—i`ion for CAMA-Major Permit, Form DCM MP -1. Be sure�o complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILIMMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: commercial ❑Public/Government ❑Private/Community 0This section not applicable; b. (i) Will the facility be open to the general public? �es ❑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 Vs ❑No (iv) Width (v) Flo 'ng []Yes ❑No e. (i) Are Platforms included? Yes ❑No f. (i) Are Boat s included? (' ❑No If yes: � ' If yes: (ii) Number / (ii) Number .�/ j (iii) Length ti :� (iii) Length n (iv) Width r (iv) Width (v) Floating ❑Yes �Vo � 5 . r f �G'_� jl� Note: Roofed areas are calcu ted from dripline dimensions. g. (i) Numf slips proposed y h. Check all the types of services to be provided. q J�(J,, ''JJ n) �ys'/ ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing, maintenance service ,❑Dockage, fuel, and marine supplies g[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, charter boats, sail boats, mixed F-1 Land cut and access channel types). ❑Open water; dredging for basin and/or channel �� e1 ; n [Open water; no dredging required 5-a C �M bJt�'t) 1 Other; please describe: 6t ?("1& + C& Alp f k. Typical boat length: lY5 I. (i) Wiq the facility be open to the general public? es [--]Nom. (i) Will the facility have tie pilings? // `` *es ❑No (ii) If yes number of tie pilings? 252"803-2308 rrOvised UW SCM' Form DCM MP -4 (Structures, Page 2 of 4) b. Describe treatment type and disposal c. Describe the disposal of solid waste, fish offal d. How will overboard discharge of sewage from boats be e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of Tumpout f. Describe the special design, if applicable, for containing signs proposed. g. Where will residue from vessel maintenance be disposed of? h• Give the number of channel markers and "No Wake" signs proposed. L Give the location of fuel -handling facilities, and describe the safety m j. What will be the marina policy on ovefnight and live -aboard dockage? such as paint, sandblasting waste and petroleum products. to protect area water quality. 0 0 In k. Describe design measures that promote boat basin ushing? i I. If this project is an expansion of an existing marina, what types of services are currently provided? 1 C(+ FEB 16 2018 SAY 0 � 2018 GVI-28tQik H 1UrfTT :: www.nccoastalmanagement.ne g g�}�) ` Form DCM MP -4 (Structures, Page 3 of 4) m. Is the marl /docking facility proposed within a primary or secondary nursery area? []Yeso n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes MNo o. Is the marina/docking facility proposed within or adjacent to coastal-wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL []None /� (( p. Is the proposed matina/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. I BOATHOUSE (including covered lifts)mAis.section not, applicable__ a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Com munity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. •GROIN (e.g wood, shi etpile, etc. If a rock groin, use MP -2, Excavation and Fill.) is section`not applicable a• (i) Number (ii) Length (iii) Width 5. BREAKWATER (e;g., wood, sheetpile, etc;) ssnotpable a• Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands - MOORING PILINGS and BUOYS is section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Comm unity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 6 C. E �t n� d. Description of buoy (color, inscription, size, anchor, etc.) pC AIED 91 d 2013 r 252-808-2808 :: 7-388-4RC®Aa--944r cQUfaJmanaaemegiLneg $#w*gmayAQPTY E Form DCM MP -4 (Structures, Page of 4) 7. GENERAL a. Proximity of structures) to adj cent /riparian4 rty lines b. Proximity of structure(s) to adjacent docking facilities. '� Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width -of w ter body d. Water depth at waterward end of structure at NLW or NWL e. (i) Will navigational aids be required as a result of the project? ❑Yes AANo ❑NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER 'e(This section not applicable' a. Give complete description: Applicant e Applic hf_' tuie 252-808-2805 :: 1-888-4RCOA sY :: v_v_ww.nccoastaimenanernent.net `E�IV'E::D FEBRECEIVED 16 2018 MAY 0 7 2018 �M- M HD CITY revised: 12/27106 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: The Sanitary Fish Market and Restaurant, Inc. 2. LOCATION OF PROJECT SITE: 501 Evans Street in Morehead City along the Morehead City Waterfront area. Photo -Index-- 2006: 42 410 -grid -(R49) –,---- -- ----- ._ .- --------- — _ Longitude: 76°42'29.74 . Latitude: 34'43'10.95 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/21/18 Was Applicant Present – No 5. PROCESSING PROCEDURE: Application Received – 2/16/18 Application Complete- 5/7/18 Office – Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan – Morehead City dated 2007 Land Classification from LUP – Downtown Mixed Use/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Commercial (E) Wastewater Treatment: Existing – Municipal sewer Planned - None (F) Type of Structures: Existing – existing building, bulkhead and 11 -slip marina. Planned – reconfigure two larger slips into three slips for a total of 14 slips, add a fixed platform and add three floating platforms. (G) Estimated Annual Rate of Erosion: N/A Source – N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A N/A 4,900Ft2 Incorp. 1,488Ft2 Shaded (D) Total Area Disturbed: 4,900 ft' (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The proposed project is located along the east side of the Sanitary Fish Market and Restaurant and along the Morehead City Waterfront at 501 Evans St. There is an existing restaurant building, bulkhead, deli, bar and 11 -slip marina. The current proposal is to add a staging area for existing charter boats and tour boats to load and unload as well as reconfigure two of the existing larger slips into three smaller ones for a total slip count of 14. The applicant is also proposing to add three floating platforms within this area. This area is designated as Urban Waterfront however, no high groundwork is proposed. Field Investigative Report The Sanitary Fish Market and Restaurant, Inc. Page 2 of 3 - -9—Narrative -Des The Sanitary Fish Market and Restaurant, Inc. project is located along the Morehead City waterfront (designated as urban waterfront area) within the Morehead City Harbor area of Bogue Sound at 501 Evans Street. The tract is bordered by 5113 LLC (Jacks) to the West and privately -owned boat docks to the east. The Sanitary property is 12,275 square feet (.28 acres) in its entirety, has a shoreline length of 491' and is an average of 6' above NHW. Presently there is an existing restaurant building, bulkhead, deli, bar and 11 -slip marina. There are no coastal wetlands or high ground vegetation on this tract. The Morehead City Land Use Plan classifies this property as Downtown Mixed Use, with all AEC's classified Conservation. This section of the Bogue Sound (Morehead City Harbor) is not designated as Primary Nursery Area, is closed to the taking of shellfish and carries a water classification of SC. The historic riparian corridors were determined through an original permit # 74-11. The property also received a CRC Variance to their existing Minor Permit 17-06 on 5/16/17 for the second story deli deck. Substrate in the Morehead City Harbor is mostly sand and silt. No SAV's or shellfish beds were observed within the proposal project area. There is a USACOE federal within the project vicinity (app. 112' to 200' from existing bulkhead depending on location). Water depths within the location are -6' plus nlw. 10. Proiect Description: The applicant's current proposal is to reconfigure 2- larger slips with a fixed platform and three floating platforms. A total of 14 slips (11 existing and 3 new) for the parcel would be in place after construction. The applicant is proposing the placement of a fixed platform in order to accommodate patrons waiting for charter and tour boats that utilize the existing docking facility. The platform would be 12' x 55' and would be located along the northeast section of the existing dock area in front of the outside bar. There would be a gangway that extends from the proposed fixed platform to a 6' x 38' shore parallel floating platform. The final portion would be two 6' x 50' perpendicular floating platforms that would extend to the south. All portions of the proposed development would be located approximately 85' landward of the USACOE channel setback. All portions of the docking facility would meet the minimum 15' setback from the riparian access lines. The average existing water depths within the slip areas is an average of-6'plus at normal low water. The tidal amplitude within this area is 3'. The total length of the shoreline is 491'. The width of the Morehead City Harbor is approximately 430' in this area. The proposed development would extend a maximum of 95' waterward of nhw within a 430' wide waterbody, however there are longer piers adjacent to this site (to the east and west), therefore the 1/3 distance can be used. The proposed development would remain within the docking facility footprint as well as the establish pier head length. According to the applicant, the typical Field Investigative Report The Sanitary Fish Market and Restaurant, Inc. Page 3 of 3 boat would be 13' — 65' with a mixed use open runabout design. The proposed platform additions would shade 1,488 Wand incorporate 4,900ft2 of open waters. The setting of pilings would cause temporary turbidity. There would be no hindrance to navigation due to the fact that the docking facility would be located a distance of 85' landward of the USACOE channel setback. All portions of the development would. be a max of 95'within a 430' wide waterbody, however there are longer adjacent piers, therefore the 1/3 distance may be utilized. The proposed docking facility would also remain within the existing footprint as well as the existing pier head length within this area. Name: Heather Styron Date: 5/30/18 Morehead City Major Permit Fee Schedule Circle One Development Type Fee DCM % DWQ % I. Private, non-commercial $250 100%($250) 0%($0) development that does not involve the filling or excavation of any wetlands oro en water areas II. Public or commercial $400 100% ($400) 0%($0) development that does not involve the filling or excavation of any wetlands or o en water areas 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 a lies $250 1009'o( $250) 0% ($0) 111(a). Private, non- commercial development, if General Water Quality Certification No. 3490 (See attached can be applied 111(b). Public or $400 100%($400) 0%($0) commercial development, if General Water Quality Certification No. 3490 (See attached can be applied 111(c). If General Water $400 60% ($240) 40%($160) Quality Certification No. 3490 (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 a uatic life 111(d). If General Water $400 60%($240) 40%($160) Quality Certification No. 3490 (See attached) cannot be applied IV. Development that $475 60%($285)285) 40%($190) involves the filling and/or excavation of more than one acre of wetlands and/o,ro en water areas V. Major Modification to Existinq Major Permit $250 100%($250) 0%($0) r 4 i ------------___ -- EVANS STREET EX. CONCRETE ---- __ - 60'p&j ------------------- BULKHEAD LICR EX. BULKHEAD ------- - ---__ /EX. BULKHEAD 335.0 S84 ° 18' 07 "E popa �o ------------ _________- EX. BLDG f-- EX. BLDG EX. RUDDY EX. DOCK-1VFfyp--i- J' _=- _______ �---` 13 DUCK BLDG. 115. q15 a --____ 0. 1 S84° 18' 07 E ., 1 �1 EX. PILINGS ! ! i __J___ i wi z, EXISTING s Q: -'! i SANITARY fin, OQi i RESTAURANT r EX. DECK C, c '—�-.' BLDG. r i c I C, I , EX. FLOATING ! 1777, — —_—EX• DECK DOCK ............... ,�• s- II lij�. ��� � till �il�i t ''"� t�,"j '.'"i'^. 1/3 DISTANCE LIN E-------- --------------'lr EX. ELIE DISTANCE LINE v AR80R E��E o Sq CE P F v IER yE Sq CE.q0 30' 15 0 30' 60' FE, S ERqETeA CygN CK SCALE: 1 "= 30' NES LL 1.' vc, oEx �s4i r?ale, 01,13 RECElvRD MAY 0 9 2018 DC'&MHO CI ry b� 4 INE ------------------_--------------_. _. it -------_.._ ._.._.._.._----------_ ._-----------_. _ it EVENS ST _ m -- ----_ - - -- --- -- -- --- - - - - - -- _ - _ _ _ REET E X . CONCRETE - EX. BULKHEAD 60�PUBLIC_ROW ------____BULKHEAD H� alb t� �o ------- EX. BLDG _— 335.0 S840181EX. BULKHEAD 07„E ---, EX. RUDDY [ [-�--.-_ ._ __EX pp-' ' �'=-)J�'---==_--_ `` EX. BLDG DUCK BLDG.) —__ CK W�1 `_----..._ — f— _.._ i, 5 . Ch 51 q' — ._ — _ ._.. _ 130.1 S84018/ --_`07"E [ EX. PILINGS- ) 1 EXISTING I I--._.1 I �z�) SANITARY DECK Ic c� o I I RESTAURANT c [_� _j BLDG. ��� [) BLDG. �o ( [ J to J' IEX.�-- c j [ o [ [ : 3 ` _ _ DOCK _.l Il I _ c crI EX. FLOATING EX. DECK —� c ....... DOCK �!� I+;,j E _ i i. (1i��1t� ►Ililill�ll li'�ll� i�,"!�! ! i I �� ��1; il!riil iiliil�l i��(� 1/3 D t I I I��;I��, I I,L� I S TANCE I �� - 1/3 DISTANCE . E � I NE RECEIVED C IVED L.glj MAY 0 7 2018 o� DQE osq C F 0C- MHn cert of v pI�R 30' 15' 0 30' 60' s4cc F yEgO FoE � s Rq� C E SCALE: 1"= 30' yq/�N leq CK I .-EC NF EXISTING DECK NHW EL 3.10 -- NLW EL 0.00 EXIST-ING-SANITARY RESTAURANT BLDG j U-1 I 11 1 12, JL 'fir I171 1 -U. --E 7-711, - LL I 7 L.L, L 11 1 7 � L.L] - - - - - - - - - - - - - - - - - - - - ---------- - - - - - - - - - - - - - - -EXISTING CONCRETE BULKHEAD LJI 7BOTTOM DEPTHS APPROXIMATED MIN 8 FT EMBEDMENTI ON ALL PILINGS /'l *"\ FLOATING DOCK SECTION A -A SCALE: 1" = 20' 30" 15' 0 30 60' 6mmi I 1111116" 1 1 1 1 1 SCALE: 1"= 30' RECEIVED MAY 0 7 2018 DCM-MHD CITY