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HomeMy WebLinkAbout20090731 Ver 1_More Info Letter_20090713A oq-o?31 iq ?? v,r, ?, 0101. C NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary July 10, 2009 MEMORANDUM: TO: Cyndi Karoly Division of Water Quality FROM: SUBJECT: Applicant: Project Location: Proposed Project: Doug Huggett Major Permits Processing Coordinator F@IN BY/ L4 JUL 1 3 2909 WI?i,Jii?l? ?b?7'?Npp((?tF,E1,F?Af>?tri CAMA/DREDGE & FILL Permit Application Review CORRECTED FIELD REPORT Lo'r Deck & Associates, LLC/Taylors Creek Holdings Inc. The project site is located adjacent to Town Creek at the corner of Pine and Turner Street in Beaufort, Carteret County. The applicant is proposing to construct a 10-slip docking facility, vinyl bulkhead, and new excavation for private use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/31/2009. If you have any questions regarding the proposed project, please contact Brad Connell 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. 400 ve. Morehead City, NC 28557 Phone: 2808 FAX: 252 33304-1ft Ivatura«t? An Equal Opportunity/ Affirmative Action Employer - 50% Recycled \ 10 % Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT (revised July 8, 2009) APPLICANT'S NAME: Lo'r Deck & Associates, LLC/Taylors Creek Holdings, Inc. 2. LOCATION OF PROJECT SITE: The project is located adjacent to Town Creek at the corner of Pine and Turner Street in Beaufort, Carteret County. Photo Index - 2006: 41-8034, grids J-18, J-19; 2000: 41-528, grids 0-7. State Plane Coordinates - X: 2702178.328 Y: 363321.249 Rover #: M091114A Longitude: -76 39 46.321 Latitude: 34 43 32.051 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 2/26/08, 5/26/09 Was Applicant Present -Yes, No Photos Taken - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 6/12/09 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort Land Classification from LUP - Developed/Conservation (B) AEC(s) Involved: ES, PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - Town of Beaufort Planned - Portable pump-out (F) Type of Development: Existing - Two docks, rip rap, and gravel drive Planned - 10-slip docking facility, vinyl bulkhead, and new & maintenance excavation (G) Estimated Annual Rate of Erosion: unknown Source - N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED -71E: I (A) Shallow Bottom 82,633 ft2 (B) High Ground 5 150 ft2 (C) Open Water 1E 2,951 ft 2 shaded 25,440 ft 2 incorp (E) Total Area Disturbed: 87,783 ft2 (F) Primary Nursery Area: No (G) Water Classification: SC Open: No 8. Project Summary: The applicants wish to construct a 10-slip docking facility, vinyl bulkhead, and new excavation for private use and are applying for a permit to do so. Field Investigation Report: Lo'r Deck South Page 2 9. Narrative Description: The NC Division of Coastal Management staff has determined that this proposal will not require review under the NC State Environmental Policy Act. The property is located in the town of Beaufort at the intersection of Pine and Turner Streets, Carteret County. The project involves two adjacent lots with two different property owners which provides for a larger riparian corridor. The two lots incorporate a 1.30-acre area adjacent to the south shore of Town Creek and the south side of the Federal Harbor of Refuge. This site is developed with rip rap ruble along the shoreline; there is a dock on each lot, a gravel driveway, and remnant debris from previous residential structures. One of the existing docks has tie pilings to support the dockage of small skiffs. Both lots have been permitted to construct multi-unit family dwellings (a duplex & a six-unit condominium) under the Minor Permit process in 2006. This property is located within the Beaufort National Register Historic District. The adjacent properties are of mixed usages. Properties to the north include a vacant lot and the town of Beaufort's Turner Street boardwalk access. Properties to the west include Pine Street right-of-way, single-family residences, and Discovery Dive Shop & Marina. The average elevation of the high ground of the parcel is +5' above the normal high water level. Vegetation on this particular tract is mainly consists of lawn grasses, mixed trees and shrubs, and Coastal Wetlands. This tract has approximately 515' of continuous shoreline along Town Creek. Immediate offshore water depths adjacent to the tract along Town Creek range from about -0.2' to -7' nhw. The subaqueous substrate is soft with shell. The adjacent riparian property lines were set for the nearby Discovery Dive Shop & Marina in a contested court case. This waterbody is approximately 783 feet across at the most constrictive points for this location. The shoreline configuration is irregular, providing for a peninsula feature to dominate the shoreline on this parcel. These waters are not classified as a Primary Nursery Area and there is no submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SC waters. There is a defined Federal Harbor of Refuge in the immediate vicinity of the project area. 10. Proposed Development: The applicant wishes to construct a new 10-slip docking facility, vinyl bulkhead, with new and maintenance excavation within Town Creek in Beaufort. The existing shoreline stabilization will be replaced with 515' of new vinyl bulkhead. The new bulkhead will approximate the normal high water level and be sited behind the coastal wetlands. The applicant has committed to the removal of both of the existing docks on the two lots. The proposed 10-slip docking facility will extend 238' waterward of the bulkhead. The floating pier access will be 6' wide and 240' long. There will be a sewage pump-out station approximately 50' Brad Connell. July 9, 2009 Morehead City Field Investigation Report: Lo'r Deck South Page 3 waterward of the new bulkhead along the western side of the floating access pier. The ten slips will be supported by four finger piers, a "T" platform and twelve tie pilings. Each finger pier will extend perpendicular to the main access pier and will be 4' wide and 50' long. The finger piers will have triangular corner connections to the access pier. The platform at the terminus of the access pier will be 6' wide and 106' long. This facility will accommodate vessels approximately 55' in length. This docking facility will be about 28' outside of the Federal Harbor of Refuge Setback. In order to dock vessels of this size, the applicant wishes to excavate 82,633 square feet of shallow bottom habitat. Approximately 45,313 square feet of that will be new excavation and the remaining 37,320 square feet will involve dredging out previously excavated bottoms. The average existing water depth in the project area is -2.84' MLW. The applicant wishes to achieve final water depths of -6' MLW. This excavation will connect to the water depths within the Federal Harbor of Refuge within Town Creek. The current depths in the Federal Harbor of Refuge range from -4.3' to -8.6' nlw. The excavation will be accomplished utilizing traditional "bucket to barge" techniques. The spoil disposal area is to be determined by the dredging contractor and pre- approved by the DCM. This will result in the removal of approximately 9,671 cubic yards of benthic material from the Town Creek estuary. 10. Anticipated Impacts: This docking facility will extend 238' waterward into a 783' wide waterbody. Because of the configuration of the shoreline at the project site and across the tributary, approximately 183' of the docking facility will extend waterward of the most constrictive point used to measure the waterbody width. The new structure will be about 28' outside of the Federal Harbor of Refuge Setback. The 10-slip docking facility will usurp 25,440 ft2 of public trust waters and have 1,436 ft2 of platform area along 515' of shoreline adjacent to Town Creek. The vinyl bulkhead will be installed along the normal high water level and fill approximately 5,150 ft2 of high ground. The intended use of this docking facility is to serve the resident of the future duplex and six condominium units. There is no submerged aquatic vegetation (SAV) in the project area. Oyster and coastal wetland habitats have been observed in the nearby vicinity of the project area. The excavation will impact approximately 82,633 ft2 of soft, shallow benthic habitat in Town Creek. Storm water will continue to sheet flow across the site. These waters of Town Creek are classified as SC waters. These waters are not Primary Nursery Area and are closed to the harvest of shellfish. Brad Connell July 9, 2009 Morehead City