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HomeMy WebLinkAbout20060555 Ver 1_COMPLETE FILE_20060330 O?0 W AT ?9QG r ? -i O ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 31, 2006 Mr. Nick Santoro Ensign Services, Inc. 36 Old Lupton Road Merritt, NC 28556 Subject Property: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0555 Pamlico County Ensign Harbor Brown Creek (303d) [030410,27-141-3, SA, HQW, NSW] Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Mr. Santoro: You have our approval, in accordance with the attached conditions, to shade 0.05 acres of open water to construct three additional slips to an existing 23-slip commercial marina facility as described in your application dated February 3, 2006, and received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on March 30, 2006. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and LAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below.' The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Open Water 0.05 acres - shaded DCM Field Investigation Report 401 Oversight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.cnr.state.ne.us/ncxsettands No One Carolina ,atimally A. P-0 n., , ,.,.. c..,/e Fr... o.... A mino l mnlnv . _ Gno/. A.r..?l. i/t llo% P-t r--- P.- Ensign Services, Inc. Page 2 of 2 July 31. 2006 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. DMF Dredge and Fill Moratoria This project is subject to a NC Division of Marine Fisheries(DMF) moratorium on dredging and fill in Primary Nursery Areas (PNA) from March - September. 4. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-641. AWK/Um Enclosures: GC 3400 ` Certification of Completion Jan W. Klimek, P.E. cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Street, P.O. Box 769, Morehead City, NC 27557 Filename: 060555Ensigntiarbor(Pamlico)401 CAMA -17 ? 2 0 0 6 0 5 5 5 a.fo_ CDE 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 March 28, 2006 MEMORANDUM: TO: Ms. Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: SUBJECT: Applicant: Project Location: Proposed Project: Doug Huggett Major Permits Processing Coordinator r(i ?, U C? ? V `? n 1 II" MAR 3i0 2006 C7ENR - WATER QL?AUTY MTLAWSANDSTIA IMER BRANCH CAMA/DREDGE & FILL Permit Application Review Ensign Services, Inc. c/o Nick Santoro Pamlico County: Adj. to Brown Creek off SR 1326 at 3708 Brown's Creek Road near Whortonsville, NC. The applicant proposes to construct 3 additional slips on to an existing 26-slip commercial marina facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 18, 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. 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 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% Recycled 110% Post Consumer Paper k Permit Class NEW ?%9% p ?? ,UN 2 g 2p06 DEN ?? ST?? SFR gRptiCH Permit Number 100-06 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and p lv - 555 Coastal Resources Commission Verm o.--r for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Ensign Services, Inc., 36 Old Lupton Rd., NC, 28556 Authorizing development in Pamlico County at Brown's Creek, 3708 Brown's Creek Rd., Whortonsville , as requested in the pertnittee's application dated 213/06, including the attached workplan drawings (2), dated 10/10/05. This permit, issued on June 26, 2006 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Expansion 1) This permit authorizes only the 6 mooring pilings and the 4 ft. x 16 ft. finger pier for the crdd'tion of 3 additional boat slips to the existing 26-slip marina, resulting in a total of 29 slips, all as expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded marina without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2009 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. &? /v Charles S?Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee b. .J Ensign Services, Inc. Permit It 100-06 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States..in the public interest. General 6) The permittee understands and agrees that, if future. operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 7) No vegetated wetlands shall be excavated of filled, even temporarily. 8) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 060555. u Ensign Services, Inc. Permit # 100-06 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE Action Id. No. SAW-2006-32706-107) which was issued on 6/15/06. C)(0-0555 COASTAL MANAGEMENT SOLUTIONS, INC Cyndi Karoly, Supervisor 401 Oversight Division of Water Quality 1650 Mail Service Center Raleigh, N. C. 27699-1650 Dear Ms. Karoly: June 19, 2006 DENR - WATER QUALITY V;ETLAt?;DS AND STOR!RgATER BRNXII [9@9 ER JUN 2 0 2006 DWQ Project # 06-0555, Pamlico Co. Ensign Harbor SAV Survey This serves as a letter report on the findings of the Survey for Submerged Aquatic Vegetation (SAV) regarding the proposed Ensign Harbor expansion in response to your letter to Mr. Nick Santoro dated May 10, 2006. Discussions prior to and after the survey were undertaken with Mr. Kyle Barnes of the Washington Regional Office. Aerial photography from the Division of Coastal Management (2000) and bottom substrate mapping from the Division of Marine Fisheries were reviewed as base information (attached). The survey was conducted on June 1, 2006 from 9:30 tol1:30am. Sampling along the existing piers and docks was conducted with tongs and samples were taken every 10' to 15'. Next, in the water sampling using a small tooth rake was conducted from the shoreline out to a depth of -4 feet along transects every 15 feet along the entire shoreline. The bottom within 10' to 20' of shoreline was moderately firm and gradually turned to very soft organic muds. As depicted in the attached plat ( a 200% enlargement of the plat submitted with the permit application) widgeon grass (Ruppia maritima) was observed in varying densities along the shoreline and out to a depth of -3 to -3.5 feet. No vegetation or rhizomes were observed beyond that depth. Along the northernmost shoreline, just north of the northernmost pier and between this pier and the middle pier, widgeon grass was dense from the shoreline to approximately 65 feet from the shore (to a depth of -3.5 feet). Between the middle pier and the dingy dock pier, widgeon grass was very scattered with no observances more than 40 feet from shore, perhaps affected by the presence of large pine trees along the shoreline. South of the dingy dock, widgeon grass was moderately dense within an area about 45 feet from shore. P As shown in the attached plat, all of the existing slips at ensign Harbor are in approximately -5+ feet of water and no observances of SAV were noted for the area. Along the northern pier the existing slips are also in -5+ feet of water with no observance of SAV. The proposed three-slip expansion (slips 27, 28 and 29) along this pier were in depths from -4.7 to -5.2 feet and no observances of SAV were noted in this area. It is my professional opinion that there are no direct, indirect or cumulative impacts to SAV beds or habitat from the existing or proposed slips at Ensign Harbor. Please let me know if you have any questions. ly, Sinc 7 Roger. . checter, Preside Attachments: 3 cc: Kyle Barnes, DWQ Sean McKenna, DMF Maria Tripp, WRC Nick Santoro 206 Margo Court, New Bern, N. C. 28562 252-638-4277 schecter cms@lpmonline.net Attachment 2 ?p 'a V co Z N N m CIO tip` ? . :i,?• ?' , • :? Ix" *+?,`?,a? ``"`- ::, . '?.. I^t ?' •t ,v''' it / i ? ^'=11 ?,"''j j 4 - '? f < v I ? 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CL mEc`o E a. ro a rn ? 3 c co 2 ?5w O t 75 w ? ca u = cn 5_ c `roZ a N m L 1+ N T Y/ C C to C r o ° 1 0 if34 11 ? i -+ co , 1 ^, cod 14- 15 pNINGY DOC, J03 N 88*30'2Q"W o Attachment 3 SAV Survey Locations Scale 1" = 75' Adapted from Survey Plat Dated October 10, 2005 Dennis Fornes, Surveyor Submitted with Permit Application (' %? R5H I ?AL?B ?G lON 2 51ON o LOS LANpiNG 5U$plVl h OLD LUp?ON 1N?•T A, SL?pti a6. -?'- See / -----?' 2 '?'` pE ?g s i 13 EXIS G? G LNG/? / ? 73 ? °v r ZP ?/ n c .• ?0F WATF9P Michael F. Easley, Governor ?O G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources C3 -? Alan W. Klimek, P.E. Director Division of Water Quality May 10, 2006 DWQ Project # 06-0555 Pamlico County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Nick Santoro Ensign Services, Inc. 36 Old Lupton Road Merritt, NC 28556 Subject Property: Ensign Harbor Brown Creek (303d) [030410, 27-141-3, SA, HQW, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Santoro: On March 30, 2006, the Division of Water Quality (DWQ) received your application dated February 3, 2006, to shade 0.05 acres of open water to construct three additional slips to an existing 23-slip commercial marina facility. The DWQ has determined that your application is incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please conduct a Submerged Aquatic Vegetation (SAV) study on your entire project area, and contact Kyle Barnes of the DWQ Washington Regional Office if you have questions regarding this type of study. Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: h?://h2o.enr.state.nc.us/ncwetlands N oe Carolina ?tirra!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Ensign Services, Inc. Page 2 of 2 May 10, 2006 McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ jm cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 060555Ensignllarbor(Pamlico)On_llold reviews Subject: reviews From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Tue, 09 May 2006 15:33:39 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net> 06-0555 Ensign Services, Inc. Pamlico 3/31/2006 05/09/06 CAMA/MJ Hold: Applicant needs to conduct a SAV study. Slips are landward of all other slips in sensitive waters. Site is SA and PNA waters. WRC is concerned about this issue also. 06-0556 3-N-1, Inc Pasqotank 3/31/2006 05/09/06 LAMA/MJ Issue normal conditions 04-1180 vs 2 Hatteras/Kinnakeet Dare 3/30/2006 05/09/06 NW 18 Issue normal conditions 05-1324 Whittaker Harbor s/d Pamlico 11/10/05 & 4/5/06 05/09/06 NW 18 Hold: This is a 2 part sub div./marina. 02-1587 Marina they did not meet the conditions of the CAMA permit (water qual. monitoring, mitigation,ect.) ect) The conditions of the first permit need to be met before there is a second written. Call me to discuss the 05-1324 again. You spoke with Dorney and he said we could tie the two projects together since the impacts are related to the same community and therefore cumulative impacts. KB 1 of 1 5/10/2006 9:05 AM reviews Subject: reviews From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Thu, 27 Jul 2006 17:01:18 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net> First disregard my comments on Sandy Pt from 7/10/061 Change to Issue at your own risk. There are several on here that do not require written concurrence under GC 3490: 06-0954 Michael Sanders Pasquotank 6/12/2006 07/27/06 CAMA/MJ GC 3490: Meets conditions, No written concurrence needed 06-0957 Bethel Cr. SID Perquimans 6/13/2006 07/27/06 CAMA/MJ GC 3490: Meets conditions, No written concurrence needed 06-0956 The Sea Vista SD Pamlico 6/13/2006 07/27/06 GC 3490: Meets conditions, No written concurrence needed 06-0977 James Bond Beaufort 6/14/2006 07/27/06 3490: Meets conditions, No written concurrence needed 06-1072 Pirates Way, LLC Dare 6/28/2006 07/26/06 Issue normal conditions CAMA/MJ CAMA/MJ CAMA/MJ GC 06-0896 Jerry East Chowan 7/27/2006 07/27/06 CAMA/MJ Hold:Reauest for verification of 404 wetlands on site This one was sent up around 6/21/06 06-0555 Ensign Services, Inc Pamlico 3/21/2006 06/21/06 CAMA/MJ SAV info shows no impact, Issue with condition that Marine fisheries moritorium for construction in a PNA fromApril 1- Oct 1. I of 2 7/28/2006 8:21 AM 2 0 0 6 0 5 5 5 C LL DCM % DWQ % Development Typo i FEE (14300 1601 435100093 1625 6253 (24300 1602 435100095 2341 RAF 1. Private, non-commercial development that does not involve $250 100%(S250) 0% ($0) the filling or excavation of any wetlands or open water areas: II. Public or commercial development °- that does not involve the filling or $400 100%($400) 0%($0)-. 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 $250 - 100% ($250) 0°0 (SO) Certification No.3301 (see attached); can be applied: t rt III(B): For public or commercial development, if General water Quality $400 100°6 (5400) 0°0 (50) Certification No.3301 (see attached) 1 can be applied: ' yc III(C). If General Water Quality z Certification No. 3301 (see attached) - '- could be applied, but DCM staff determined that additional review and §.y 5400 6016($240) 40% ($160) ' written DWQ concurrence is needed because of concems related to water _ quality or aquatic life: - 'F III(D). If General Water Quality Certification No. 3301 (see attached) $400 60%(S240) 40%(S160) can not be applied: IV. For development that involves the filling and/or excavation of more 5475 - 60%($285) 40%($190) than one acre of wetlands and/or open water areas: - D DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION + PORT APPLICANT'S NAME: Ensign Services, Inc. 2. LOCATION OF PROJECT SITE: 3708 Brown's Creek Road off SR1326 near Whortonsville and adjacent to Brown Creek, Pamlico County Photo Index - 2000: 80-950 (I-5) 1995: 81-886 (T-9) State Plane Coordinates - X: 2,707,500 Y: 498,700 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits= January 5, 2006 and March 14, 2006 Was Applicant Present - Yes, No 5. PROCESSING PROCEDURE: Application Received Complete: March 27, 2006 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Rural with Services/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - On-site septic-system Planned - None ' (F) Type of Structures: Existing - 26 slip marina, bathhouse, parking lot, residence Planned - 3-slip addition to marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Open Water (C) High Ground 2,184 sq. ft. usurped, of which 64 sq. ft. is shaded (D) Total Area Disturbed: 2,184 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW, NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 3 additional slips on to an existing 26-slip commercial marina facility. FIELD INVESTIGATION REPORT: ENSIGN SERVICES, INC PAGE 112 9. NARRATIVE DESCRIPTION: Project Setting . The site is located near the community of Whortonsville, Pamlico County. To access the site, head east on SR1321 from the Town of Oriental and go 7.6 miles, then turn right onto SR1325. Head south for 1.6 miles and turn right onto. SR1326. Go approximately 250' and the entrance to inarina is a gravel road on the right. The site is on two tracts of land that together encompass 9.59 . acres total and are adjacent to Brown Creek. The property has an elevation of approximately 5' above the NWL. The majority of the lot is covered with sod grass, however, there are a few scattered loblolly pine and red cedar trees on the site. There is a fringe of black needle rush and giant cord grass along the shoreline and a 300' long manmade canal along the southern property boundary. The property is over 900 feet in length along the shoreline and manmade mosquito canal. The applicant developed the site under State Permits 258-88, 50-94, 115-96, and 139-01, which included a SEPA review. Currently on the property there is a single-family residence, a bathhouse, and a gravel parking area for 31 vehicles. There are also three docks on the property. The dock on the north side of the property currently is comprised of 4 boat slips. The middle dock currently has 22 boat slips. The dock on the south end of the property is currently utilized as a dingy dock for the loading and unloading of dingys. A marine pumpout unit is available at the site, however; no. fuel or other services are provided at the marina. The marina currently prohibits live-aboard and overnight accommodations. Brown Creek is classified SA; HQW and NSW by the EMC in the area of the proposed construction. Brown Creek is classified by the Division of Marine Fisheries as a Primary Nursery Area, however, it is closed to shellfishing by the Shellfish Sanitation Section of the Division of Environmental Health. Water depths in the area of the proposed boat slips range from -4.7' to -5.2' below the NWL. Brown Creek is approximately 660 feet wide in the project vicinity. Wideon Grass was observed during the site visits and was clearly visible within 16' of the project area.. The creek bottom substrate is composed of a silty sand in the project location. The Pamlico County Land Use Plan classifies the site as rural with services with all AECs classified as Conservation. Currently there is a private dock on the adjoining lot to the north, however, there is not a dock on the adjoining property to the south. The nearest commercial dock in Brown Creek is the 32-slip Point Marina dock located downstream of the proposed project at the mouth of Brown Creek and terminus of SR1326. Project Proposal The applicant proposes to add 3 boat slips to the 4 slip dock on the north side of the property and labeled on the plats as slips 27-29. This would be accomplished by adding six mooring pilings and a 4' x 16' finger pier off the existing dock at 32' landward of the existing platform The proposed construction would create two 16' X 39' boat slips and one 24' X 39' boat slip. The two 16' wide slips are proposed to serve monohull sailboats and the 24' wide slip is proposed to serve a catamaran sailboat. The slips would be located between the northern and middle piers and would be over 60' FIELD INVESTIGATION REPORT: ENSIGN SERVICES, INC. PAGE 413 from the nearest adjacent riparian line. The proposed slip locations places the boat slips in waters with depths in the -4.7' to -5.2' below NWL range. Anticipated Impacts The proposed boat slips would usurp an additional 2,184 sq. ft. of Estuarine Waters and Public Trust Areas'-of Brown Creek and would shade 64 sq. ft. of shallow water habitat as proposed. Depending on the draft of the boats berthed at the proposed slips, impacts to-SAV beds may occur.. A localized *and temporary increase in turbidity can be expected during the in-water construction portion of the finger pier and mooring pilings. No additional shellfish waters should be closed from the proposal. Submitted by: Stephen Lane -Morehead City District - March 28, 2006 f?? f ' 1 Tr F ,i 1 ? ?.?w, Form DCAI-MP-1 f MAR 3,0 2006, AFv,PKow.rA1QA1-1-ry ?. Morehead DCM T I? N 2 0 0 0 5o be completed by all applicants) 6 5 5 1. APPLICANT a. S Lessee Name Ensign Services, Inc. - Address gF ni rl T.nntnn Rrl _ City Me i tTt; State ?Jr Zip 289-96 Day Phone 252 24q-0823 Fax 252 249-1015 b. Authorized Agent: b. City, town, community or landmark c. Street address or secondary road number 3708 Brown's Crt-pk Rd. d. Is proposed work within city limits or planning jurisdiction? Yes --X- No X e. Name of body of water nearest project (e.g. river, creek, sound, bay) grown I s Creek 3. DESCRIP'T'ION AND PLANNED USE OF PROPOSED PROJECT Name Nick Sant-nro Address 36 Old Lupton Rd. City Zip 28556 Day Phone 252 249-0823 Fax 252 249-1015 c. Project name (if any) Fn s i an Harbor NOTE: Peradr will be issued in name of /mdawner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Pamlico Merritt, NQ State a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. . I propose to add 3 slips to four slip pier in addition to 22 slips on main pier for a total of 29 slips. b. Is the proposed activity maintenance of an existing project, new work, or both? n,--w c. Will the project be for public, private or commercial use? s i i ps will be rented d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Fn.gjan Harbor provides marine services such as charters, deliveries, and private instruction as well as slip rentals. The 3 new slips will allow for needed additional capacity. Revised (0/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1 .96 acres plus 7.6 3 p eS 59 acres total. b. Size 'o In tvtduarlot s) c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract _Cbarlestctn lnamy fine sand AkIl '6 09 m. Describe existing wastewater treatment f on sit-.e septic s-k .em A n,. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" ind residential discharges.) pIjgf-are run-nff and wash. down watPr. o. Describe existing drinking water supply source. Pamlico County.water system. e. Vegetation on tract _mnSt- 1 y lawn wit-b--some +- rPPG. Man-made features now on tract house, bath room b ui 1 di ng, 4 sliigier, 22 slip 5• pier, parking area, driveway - What is the CAMA Land Use Plan land ADDITIONAL INFORMATION classification of the site? (C;oniuu aye toc ar land we plan.) In addition to the completed application form, the following items must be submitted: _ Conservation Transitional Developed Community Y_ Rural Other How is the tract zoned by local government? na i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach toning aonpliance errrificwe, {(applicable) j. Has a professional archaeological assessment been done for the tract? Yes y_ No If yes, by whom? A copy 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 instrument 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 8 1/2' by 11" white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) 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 1. Are there wetlands on the site? X Yes No Coastal (marsh) X_ Other If yes, has a delineation been conducted? x (Aaach doaunenzdon, if available) No wetlands will be filled or disturbed Pkase note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger 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 area 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 r"pts as proof that such owners have roceived 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 Mr. & Mrs. Caleb Marsh Address 9700 Prown's Creek Rd.Merritt Phone 252-249-2873 Name George DeLona Address 300 Commerce #301. Havre De Phone 3Q2-678-0274_ Grace. MD 21078 Name Address Phone ° A.list of previous state or federal permlts issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit #258-88, #50-94, Permit #115-96 ° A check for $250 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 Policy 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 North Carolina Environmental Policy Act. Z{ s ? i 6. CERTIFICATION AND PE , SCION TO ENTER ON LAND l .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 conditions and restrictions contained in 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 1 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, This is the 3 day of `f9 Lp Print Name Dick S ntor ?Z7 Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development --.v DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment In the space provided at the bottom of each form. Revised 03M Form DCtli-NIP-4 ?7I'RU('C7ClIJR]EL`I7I)-1 (Construction within Public Trust Areas) Attach this.f?= to. Joint A.ppticatiou for CAMA Major Permit, Form DCM-NfP-1. Be sure to complete all other sections of the Joint Application wtich relate to this proposed project. i l I' 2? e. Mooring buoy& NA (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscriPkV., size, anchor, etc.) a. Dock(s) andlor Pier(s). (1) X Commercial -Community _ Private (2) Number add 3 s11-ps to existing pier (3) Length (4) Width (5) Finger Piers w Yes No (i) Number 1 (ii) Length 16- (iii) Width 41 (6) Platform(s) Yes Y_ No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 3 (8) Proximity of structure to adjacent riparian property lines 101 (9) Width of water body inn., (10) Water depth at waterward end of pier at MLW or NWL 6 1 b. Boathouse (including covered lift) (9 - C=mercial NA Private (2) Length (3) Width Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) NA 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 f. Mooring structure (boatlift, mooring pilings, etc.) (1) X Commercial _Community _ Private (2) Number 6 (not including finger pi (3) Length 2 5 ' (4) Width c) g. Other (G w con pleze delft f-) App1 it ai-inn ; G 'for t, tip aaai a on gf 3 slip-tn 'exi s+-A ng 4 slip pier. This is l ;;HHit-inn to an existing 9? Slip vier. Total numbe of dins on both Diers will increas from 26 to 29 slips. r Appucala- w= stgnatmm 2??? Date Revised 93195 Form DCM-NIF-6 MAIUNA DEVELOPMEENT ilec J` IJ LII if I?) Y (Rcquiscd for tht mooring of mare than 14 Yms Ail Attach this form to Joint Applicstion for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other saai= of tht Taint Applicatin that r dam to this proposed project. 1. MARINA CHARACTERISTICS a_ Check below the type of marina proposed. X Commercial Public Residential Will the marina be open to the general public? X Yes No c. If there i? residential development associated with the marina, how many units or lots are planned and how many are currently developed? None d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies - X Dockage ('wet slips") only Numberofskips ?.6 existing, 3 being Dry storage applied Number of boats 29 total 0 Boat ramp(s) . n Other (descnbe) e. Check; below the proposed type of siting. Land cut and access channel Op= w== with dredging for basic and/or channel _X Open wztcr, no dredging required c'hber (describe) g. Typical boat length _ _9 2 1i. Ma2iMU bmt 1=9th 401 i. Are any floating structures planned? No If so, describe 2. MARINA OPERATIONS a. Check each of the following sanitary. facilities that will be ineiuded in the proposed project Office toilets Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location Bathrooms and chnwPr facility already exists. b. Describe creauneat type and disposal location for all for sanitary wastewater. on site septic system c. Describe the disposal of solid waste, fish offal and trash dhposat. Contract with professional waste removal service, d. How vnM avcub card discharge of sewage from boat be controlled? Overboard discharge is prohibited by slip rental agreement. f. Describe the typical boats ro be served (for example, open runabout, charter boats, sail boats, mixed Wes). mostly sail boats Bathrooms and pumpout are provided free. e. Give the location zad cumber of No Sewage Discharge' signs proposed. 2 at e a chp i e r entrance f R"ised 03/95 lot, ?' d arm of al a )i PI C3. tm c? f1 r. w H r• U1 C. y a •? E Q ?..'• u -31 0' n a ?' v •v :5 D (D 11 r- (D O cn ?j' tZ ...Li r "'' L+ Z . •2 r(D •a rte- a c?D ro R- $ C a u g U) (D c ?s-a 010 ct w 'D -1 (D ': lp V61 Cr (D a Ell n (D ?. - .A K7 O txj 23 r 0.f' . Q, ? p F p ft F+. ' I ? X Cr • ' CL (D CL O •BEl z r. ., © Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. o Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Nick Santoro Ensign Services Inc. 36 Old Lupton road Merritt,NC 28556 DWQ# 06-0555-Pamlico A. 1!gnatre j U Agent X ? Addressee B. Roceivod b Dfnted Name) C. Dat D. Is delivery address different from item 11 ? If YES, enter delivery address below: ? No 3. Service Type PCortified Mail ? Express Mail ? Registered LEl Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Transfer from service labeq _ PS Form 3811, February 2004 7005 1160 0000 9954 6535 Domestic Return Receipt UNITED STATES POSTAL SERVICE First=Class Mail. ..'P mitTM-G1 .?, .. • Sender: Please print your name, address, and ZIP+zt^in'tHS box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 »i .? 1111111111111111111111111I1111i11111fill 111II111111111i1111111 31VOS OIHdVdJ 99b0-nf13 (ZGZ) :3NOHd3131 I999Z '0•N 'NN39 M3N 'LN331 X09 '0'd `ONu,3A21nS ONV11VNOISS330-.?Id 'S3N210-A GINN30 'O'N `1V1N31?10 4 OVOI No1am alo g9 I° ° O'NOINVS f SVIOHOIN A. 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J ZH53VW931Y? ale°?dA' (? .y tiyr \?;? o J QA :aa uM l pw? uan np ° 0" 4,r rtI \',3 qld. 911 rp6 i I \ a?Ia NJ LLGIX3 OIA O0 V ?. 0?? > D Q 1 Z m a n l m 4 I I C Y 2 / Y ° LJ U \D r ddW JINIaIA ° a w ?a w a?x ow H rm 3 Existing wood walkway (NOT TO SCALE) w (7 +1-146' Q 0 wz H H . U a EXISTING 51 WIDE WOOD DOCK 25' 5' WIDE WOOD WALK EXISTING GRADE H N v r ill", I?IIFIIHty S . w 16' 16' 24' 40.0' 25' z , w + 0 ro H SLIP 27 SLIP 28 SLIP 29 C6 H H NORMAL WATER LEVEL OF CREEK + 0.0 -0.5 -0.5 41 U -2_0 - - -- - - ---- ------- a -2-5 - - -- -2.4 --- ------ --- uu$a - -3.0 d0 - -3_5 - - -- ---- ------ ---- - dco 0 - -4.0 - -3.7 ?dro? - - - - - -4 5 . - - - - - - - - - - ---- - =c - m m -5.0 I -4.9 -4.7 -5.2' -5.2' - - -6.0 -6.3 OBSERVED ?, "?? g ' p oupi ° BEYOND PRO 'SED 50 SECTION ALONG EXISTING DOCK CONSTRUCTION LIMITS (NOTE: DRAWING IS NOT TO SCALE: HORIZONTAL) Gii(I% Ei Z'• Fi y DRAWING SCALE VERTICAL: 1" = 2' a ? [y OCTOBER 10, 2005 r f ?01 tNi4.4r-ar ?xXhCAgo ??QOSEAL y9?9• L-3042 SUFN AinFO DEPTH SOUNDINGS TAKEN BY DENNIS FORNES & ASSOCIATES, PLS PROJECT APPLICATION EXHIBIT ENSIGN HARBOR MARINA PROJECT DFA DRAWING NO. TDC-10-05 OCTOBER 10, 2005