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HomeMy WebLinkAbout20061848 Ver 1_CAMA Application_20061129~~_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 28, 2006 MEMORANDUM: TO: Ms. Cyndi Karoly Environmental Biological Supervisor -~, _.,~, Division of Water Quality ~a ~~ ~ ~ ~~~ FROM: DougHuggett N~V 2 ,er 2006 Major Permits Processing Coordinator r~ervrr _ wc~rP ~1't.ANDS ANC 5Tt7RM v TER'SRANCH SUBJ-ECT: CAMA/DREDGE & FILL Permit Application Keview Applicant: Timber Point Properties, LLC Project Location: Pamlico County: Adj. to Mason Creek at the common area of Timber Point S/D on the north side of SR 1324 Proposed Project: The applicant proposes to construct a 10-slip community docking facility and wood chip access path in Timber Point S/D. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 19, 2006. if you have any questions regarding the proposed project, please contact Stephen Lane 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. Thisgency approves of the project only if the recommended changes are inco rated. See attached. objects to the project for reasons described in the attached comments. SIGNED DATE D 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recyded 110% Post Consumer Paper DCM ~° DWQ Development Type FEE (14300 1601 435100093 1625 6253 243001602 435100095 2341 I. Private, non-commercial development that does not involve 5250 100% (5250) 0% ($0) the tilling or excavation of any wetlands or open water areas: II. Public or commercial development °, that does nol involve the filling or 8400 100% (5400) 0% (50) excavation of any wetlands or open 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 applies: III(A). For Private, non-commercial development, If General water Quality 8250 100% (5250) 0% (50) Certification No.3301 (see attached) can be applied: , III(B): For public or commercial development, if General water t]uality 5400 100°0 (5400) 0% (SO) Certification No.3301 (see attached) can be applied: III(C). It General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and 5400 60% (5240) 40% (5160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 5400 60°% (5240) 40% (5160) can nol be applied: - IV. For development that involves the filling and/or excavation of more $475 60°6 (S285) 40% (5190) 'han one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Timber Point Properties, LLC 2. LOCATION OF PROJECT SITE: The project is located on the common area at the terminus of Timber Point Drive in Timber Point subdivision, on the north side of SR1324, approximately 2.8 miles east of its intersection with NC Hwy 55 and is adjacent to Mason Creek near Merritt, Pamlico County. Photo Index - 2006:82-8267, H-I, 15-16 2000:82-974, P-Q, 10-1 1 State Plane Coordinates - X: 2690704 Y: 512048 Latitude: 35°08'07" Longitude: 76°41'22" , RoverFile: M102412B 3. INVESTIGATION TYPE: LAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visits -July 18,2006, October 24, 2006 Was Applicant Present -Yes, No 5. PROCESSING PROCEDURE: Application Received Complete: November 6, 2006 Office -Morehead City 6. .SITE DESCRIPTION: (A) Local Land Use Plan -Pamlico County Land Classification From LUP -Rural/Conservation {B) AEC(s) Involved: CW, ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing -None Planned - On-site septic for the subdivision lots (F) Type of Structures: Existing - 2 culverts, gravel parking area on common lot, subdivision with infrastructure Planned - 10-slip docking facility, woodchip access path (G) Estimated Annual Rate of Erosion: < 1'/year Source -Applicant 7 HABITAT DESCRIPTION: [AREA] DREDGED Fi1.T.ED (~THF.R (A) Open Water 4564 sf usurped by docks, of which 1076 sf is shaded (B) Coastal Wetlands 300 sf shaded Section 404 Wetlands 324 sf filled (B) High Ground 2076 sf disturbed for woodchip path (D) Total Area Disturbed: (E) Primary Nursery Area (F) Water Classification: 8 7,264 sf Yes SC; Sw, NSW Open: No PROJECT SL'NIMARY: The applicant proposes to construct a l0-slip community docking facility and wood chip access path in Timber Point subdivision. FIELD INVESTIGATION REPORT: TIiVIBER POINT PROPERTIES, LLC PAGE 02 9. NARRATIVE DESCRIPTION: Project Setting The site is a 1.39 acre common area in Timber Point subdivision, which has 15 residential lots located on the north side of SR1324 approximately 2.5 miles east of its intersection with NC Hwy. 55. The common area is located at the terminus of Timber Point Drive, which is the only road in: Timber Point subdivision. Timber Point subdivision totals approximately 26 acres. The subdivision's only road is paved,. and all subdivision infrastructure is completed. There are currently no residences in or under construction in the subdivision. The common area is adjacent to Mason Creek near Merritt, Pamlico County, North Carolina. The common area ranges from approximately 0' to 5' in elevation above the NWL. The tract has approximately 203 linear feet of shoreline. The majority of the upland area on the property has been partially cleared and is vegetated with sedge grasses, sweet gum, cedar, and pine trees. There is a gravel parking lot on the southern portion of the common area adjacent to the cul-de-sac. Two ten feet long concrete culverts also exist in a ditch on the north side of the gravel parking area for access to the shoreline from the parking area. The shoreline is bordered with black needle rush, giant cordgrass, salt meadow hay, and salt grass, which ranges from 20' to 210' in width. The adjoining waterfront properties to the east and west are currently undeveloped. Mason Creek is approximately 360' wide in the project vicinity with water depths in the ~' to -5' range below NWL. No SAV was observed from the shore during the site visits. A review of the aerial photos for SAV in the project area was inconclusive. Mason Creek is classified by the EMC as SC; Sw, NSW. It is classified by the Division of Marine Fisheries as a primary nursery area. The creek is closed to shellfishing by the Division of Environmental Health. The Pamlico County Land Use Plan categorizes this area of the county as Rural, with alt AEC's classified as Conservation. The Division of Land Resources approved Sedimentation and Erosion Control Plan #Pacnli-2006-004 for the subdivision and the applicant has received Stormwater Management Permit#SW7050856 from the Division of Water Quality. Project Proposal The applicant proposes to construct a 10-slip docking facility to serve lots 7-15 in the subdivision. To access the docks, a 6' wide x 400' long pathway would be cleared from the existing parking area near the southern portion of the common lot to the coastal wetlands limit near the north end of the property. The path would then be filled with wood chips and compacted to a height of 6" above the surrounding grade. Approximately 346' of the path will be over high ground, while the last 54' of the path would be in Section 404 Wetlands. The wood chip path will lead to a wooded access pier, which is proposed to be 6' wide and 96' long. Approximately 50'of the pier would cross over Coastal Wetlands and 46' of the pier is proposed beyond the NVVL and will lead to the platform. The pier would be elevated 3' over the Coastal Wetlands. At the end of the pier a T-head platform is proposed to be ~' wide and 122.x' in length. Five finger piers 2.5' wide by 1 S long would extend from the north end of the platform. Twenty-eight mooring pilings have also been proposed, of which, eleven would be placed at 1~' FIELD INVESTIGATION REPORT: TIMBER POINT PROPERTIES, LLC PAGE 03 beyond the end of the finger piers to create a total of 10 boat slips at the docking facility. The slips are proposed in water depths of -4' to -5.2' below NWL. The docks would extend out a total of 90' into Mason Creek. The structure would be set back 25' from the adjacent riparian line to the west, and 42' from the adjacent riparian line to the east as proposed. The common area has 203 linear feet of shoreline to allow for the construction of the community dock. Anticipated Impacts The project would disturb 2,076 sq. ft. of high ground for the woodchip path. The woodchip path would fill in 324 sq. ft. of Section 404 Wetlands. No new impervious surfaces are proposed inside of the N.C. Division of Coastal Management's 75' Estuarine Shoreline AEC. This equates to a total impervious surface of 0% within DCM's 75' Estuarine Shoreline AEC and 1.4°lo impervious surface for the entire common lot. The woodchip path to the pier is proposed within the N.C. Division of Water Quality's Neuse River Basin Riparian Buffer Zone. The pier would shade usurp 4,564 square feet of estuarine waters and public trust area, of which, 1,076 square feet would be shaded. The pier would also shade 300 square feet of Coastal Wetlands. The proposal as submitted would create ten additional boat slips in Mason Creek, and increase the total permitted boat slips in the creek from four to fourteen. The pier would not extend out into the main body of the creek where the majority of the traditional navigation occurs. A localized and temporary increase in turbidity can be expected during the in-water portions of the construction. Additionally, there are 6 other waterfront lots in the subdivision with riparian rights that may apply for a pier on an individual basis. Submitted by: Stephen Lane -tilorehead City District -November 20, 2006 o ~ -~~~g Form DCM-MP-1 ~ ~? ~ ~ ~ ;r r ~~;: PPLI~ATI~ ~,, _ ~ ~~ A _. . (To be completed by a!1 applicants) Morel~2ad City DCM b. City, town, community or landmark M errit 1. APPLICANT a. Landowner: Name Timber Point Properties, LLC. Address 240 Craven Street City New Bem State NC Zip 28560 Day Phone Fax 252-633-2792 b. Authorized Agent: 252-633-2059 Name Sean Wallace Address 240 Craven Street City New Bem State NC Zjp 28560 Day Phone Fax 252-633-2792 252-633-2059 C. Project name (if any) Timber Point subdivision NCJ7E: Psrn~it wiR bs irs+red in namr of lm~downer(:J, and/or proJad naJnt. 2. LOCATION OF PROPOSED PROJECT c. Street address or secondary road number Intersection of Florence Road (SR 1324) with Timber Point Drive- common lot is located at end of Timber Point Drive. d. Is proposed work within city Limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Mason Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Propose to construct one ten-slip boat dock and wood chip path. The proposed dock will be located off the shoreline of the common lot for the subdivision. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial ~? Private project, only used by subdivision homeowners. d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach sdditional pages. The purpose of the dock is to provide boating access for the homeowners of the subdivision. The dock will be built out of marine grade lumber and pilings. The decking will be out of marine grade lumber or may be built out of pre-cast cement. All fastening equipment will be galvanized. Wood chip path will provide access from parking area to dock. a. County Pamlico RtvLstd 03/95 J d A ': .` ~ `Pa`i. ;t ~~~" FP i.",; 3~N 5 ' ' i 1 `` ~~1QV ~ 9 u~b =7~R Q'JALII~' .., . wr t i.hdt ~ ~', .,~ Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1.39 acres b. Size of individual lot(s) 1.39 acres c. Approximate elevation of tract above MHW or ill, 3-5 feet d. Soil type(s) and texture(s) of tract Alavista (fine sandy loam) and Longshoal (mucky peat) e. Vegetation on tract Scrub brush, grasses, and a sparse mix of hardwoods and pine trees. £ Man-made features now On tract Two culverts and gravel parking area. g. What is the CAMA Land Use Plan land classification of the site? (co.rsutr rte loan! !md ~~ p1~.J X Conservation Transitional _ Developed Community X Rura] w! services Other h. How is the tract zoned by local government? Undevelopedltimberlends _ i. Is the proposed project consistent with the applicable zoning? x Yes No (A(radt zoning avw~liancc ccrtif+natc, ijapPliaabkJ l• Has a professional done for the tract? If yes, by whom? , archaeological assessment been Yes x No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes No Coastal (marsh) X Other 404 jurisdictional wetlands if yes, has a delineation been conducted? Yes (Atraak doavASntation, if a+,mlobkJ i ~~~ _ t~ _ ;K1t-. Morehead City t~CNI m. Describe existing wastewater treatment facilities. NA n. Describe location and type of dischazges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff o. Describe existing drinking water supply source. The subdivision's water source is supplied by Pamlico County NC, 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: ~ A copJ of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrumeirt under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat ('including plan view and cross-sectional drawings) drawn to scale in black ink on an 6 1 R" by I I " white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality a~pies will be accepted. Blue-line prints or other lazger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the azea to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Edward Knox Procter Address 100 Yacht Club Road, New Bern, NC 28562 Phone 252-672-5427 Name Phillip O. Schwartz & Allison S. Marsh Address 4336 Honey Vsta Ct., Tampa , FL 33624 Phone 813-968-9351 or 813-240-0867 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NC Department of Environment and Natural Resources Division of Land Resources. Land Quality Section- Erosion and Sedimentation control plan No. Pamli-2006-004 (9-15-05 DWO/Surface Water Protection-Stormwater Permit No. SWZ050856 (11-15-05 ) • A check for SZ50 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Polic, Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the Notch Carolina Environmental Policy Act. ~ ~ ~ ~ j t ~ , ~° y Morehead City DCi~ 6. 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 wt71 be subject to conditions and restrictions contained ~~ the permit. I certify that to the best of my knowledge, the proposed. activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. ;~cc> ~. This is the ~r day of N`~ %,,n`~~f, i9 Print Name ~ ~ ~,'~ ~ ~ A ~~A c ~~ /~j / Signature ~-~ Y ~ 4'~-, -/J ~?!'~ '~- Landownrr or .tvtlwri:ed ,4genr Please indicate attachments pertaining to your proposed Pro1~• X DCM MP-2 Excavation and Fill Information x DCM MP-3 Upland Development x DCM MP-4 Structures Information _DCM MP-S Bridges and Culverts DCM MP-6 Marina Developmeat NOTE: Please sign and date each onachment in the space provided at tfte bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL ~~ . e ~, a~.~, Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Ea~sting Project L.en¢th Width IkP~ ~P~ Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shorslinc stabilization) •~a o .: \ ~: ~:.~. ...J,. ~~ ::. FQ~. v -i'..~~{. .~~~frJ~ ' ri ~ '~ . a~. x„ , a'•~~i J ' ~ ~ ~ . 44 :>: lS a._)~ 1. ~~~ ~r-~,-~~,~a~ City ~~~ 1. EXCAVATION N ( ~ a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED N( MATERIAL ~ a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? Form DCbi-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No ~~ , r 1 ~.r y ~~J~ y I l . ~; If yes, (1) Aml~tSt~ro~~i~C~'C.tar~ie in the water ~ ~p (2) Dimensions of fill area N~~ (3) Purpose of fill N/~- 3. SHORELINE STABII.IZATION ~V~~- a. Type of shoreline stabilization Bulkhead Riprap b. Length b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? / Yes No If yes, (1) Dimensions of fill area 6 ' ~ S ~' (2) Purpose of fill ~Joo ~L%P c.,~ll~u.~,, ~ ~~~- c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of inforn,adon) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? s ~-t~ -F~--~~ ~--~ ~V//G b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ~~~~~ ~w~ c. Will wetlands be crossed in transporting equipment to project site? / Yes No If yes, explain steps that will be taken to lessen enviro,nnmmental impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fi I material be brought to site? Yes No Gw~ T : vw'~J aA QO ; ~1 Applicant or Pro'ect Name O~ ~` - $1gn8tUl'E 11-22-~~ >~ce 400 copies of this public document were printed at a total cost of $11.00 or $ .03 per copy. Rev'~sed 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT Morehead City DCM (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. Be sure to complete all other secxions of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed NA b. Number of lots or parcels NA c. Density (give the number of residential units and the units per acre) NA d. Size of area to be graded, filled or disturbed including roads, ditches, etc. ~~~y~~=oosa~r~; e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted August 24, 2005 (approved September 15, 2005) f. List the materials (such as mazl, paver stone, asphalt, or concrete) to be used for paved surfaces. NA h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? x Yes No If yes, date submitted September 25, 2005 i. Describe proposed method of sewage disposal. NA Have the facilities described in Item received state or local approval? NA (Attach appropriate documauotion) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential dischazges). surface runoff 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) NA m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? NA g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 0% Timber Point Properties, LLC -Timber Point Subdivision Applicant or Project Name - ~I-- `~~!=1~-~--- ---- y-3.~-- __~- Signature I1 ~ U L Date i, above Revised 03195 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 which relate to this proposed project. l~ ,,~ t /„ J I ~1 (, VI ~ V ?~~~~~~ V _ Morehead ~~t~ L~CPk.~ e. Mooring buoys (NA) (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (l) _ Commercial X Community _ Private (2) Number 1 (3) Length 96 foot Pier (4) Width 6 foot pier (5) Finger Piers X Yes No (i) Number 5 (ii) Length 15 feet f. (iii) Width 2.5 feet (6) Platform(s) X Yes No (i) Number 1 (ii) Length 122.5 feet (iii) Width 5 feet (7) Number of slips proposed 10 g, (8) Proximity of structure to adjacent riparian property l ineS approx. 42 feet to east riparian line and 25 feet to west riparian line (9) Width Of water body approximately 360 feet (10) Water depth at waterward end of pier at MLW or NWL 3.7 to 5.1 feet b. Boathouse (including covered lifts) (NA) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (NA) (1) Number (2) Lengths} d. Breakwater (e.g. wood, sheetpile, etc.) (NA) (1) Length (2) Average distance from MHW, NWL or • wetlands (3) Maximum distance beyond MHW, NWL or wetlands (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond Mooring structure (boatlift, mooring pilings, etc.) (1) ~ Commercial X Community _ Private (Z) Number 2 ~ (3) Length 25 feet (4) Width a inches Other (Give cagpfett de~cripdon) (NA) Timber Point Properties, LLC. -Timber Point Subdivision Appuernt or Prgject Name ~ I~ Signature 11-06-06 Date Reviud 03!95