20090825 Ver 1_CAMA Application_20090730

Beverly Eaves Perdue
Governor
July 28, 2009
AL 0 0 0 j
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson
Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Cyndi Karoly
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
82 5
Dee Freeman
Secretary
JUL j 1) 2009
WETLANDS AND STORMi QUALITY
CAMA/DREDGE & FILL Permit Application Review
Thomas and Scott Construction, LLC
The project site is located at 113 Key West Lane, adjacent to Broad Creek,
Newport, Carteret County.
Proposed Project: The applicant is proposing to expand an existing observation pier to include a
20'x20' platform a 6'x10' floating swimming platform and 3 slips with
associated boatlifts.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
08/18/2009. If you have any questions regarding the proposed project, please contact
Barry Guthrie at [phone]. 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 Ave., Morehead City, NC 28557--3421 r
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net NorthCarolina
An Equal Opportunity , Affirmative Action Employer Naturally
3
Major Permit Fee Schedule
Circle One
DCM % DWQ %
Development Type
i Fee (14300160143510009316256253) (2430016024351000952341)
f. Private, non-commercial
development that does not inv e
the filling or excavation of a
,
wetlands or open water ar s: $250 100%($250)
? 0%($D)
II. Public or commercial
development that does not involve
the filling or excavation of any
wetlands or open water areas: $400 100%($400) 0%($0)
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). Private, non-commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied: $250 100%($250) 0%($0)
III(B). Public or commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied: $400 - 100%($400) 0% ($0)
III(C).If General Water 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 aquatic life: $400 60%($240) 40%($160)
Ifl(D). If General Water Quality
Certification No. 3490 (see
attached) cannot be applied: $400 60%($240) 40%($160)
IV. Development that involves the
filling and/or excavation of more
than one acre of wetlands and/or
open water areas: $475 60%($285) 40% ($190)
? t
Check #
Amount ??' ? ??'
!A Z
N
ame
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas and Scott, LLC
2. LOCATION OF PROJECT SITE: 113 Key West Lane, adjacent the Broad Creek,
Newport, Carteret County. The site is located on the north side of HWY. 24 and west of
Broad Creek in Cottage Point subdivision.
Photo Index - 2005: NO PHOTOS 2000: NO PHOTOS
State Plane Coordinates - X: 3442330 Y:
LAT 34°43.412
3. INVESTIGATION TYPE: CAMA
2572191.33 Rover # JJ071710A
LON 76°56.923
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/15/09, 6/16/09, 7/17/09
Was Applicant Present -Yes, No, No
5. PROCESSING PROCEDURE: Application Received - 5/29/09
cc-7/13/09
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification from LUP -Conservation w/in AEC
(B) AEC(s) Involved: Public Trust Area and Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing -Existing observation pier
Planned - Expand pier into a 3 slip docking facility with
boatlifts
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
ilRF.ilap" FTT,T,F.n OTHER
(A) Highground Disturbance N/A N/A N/A
(B) Open Water N/A N/A 1,453 ft' Incorp.
859 ft' Shaded
(C) Coastal Wetlands N/A N/A N/A
(D) Total Area Disturbed: 1,453 ft'
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-HQW Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to expand an existing observation pier
to include a 20' x 20' platform, a 6' x 10' floating swimming platform, and 3 slips with
associated boatlifts.
9. NARRATIVE DESCRIPTION:
The Thomas and Scott, LLC project is located at 113 Key West Lane in the Cottage Pointe
Subdivision near Newport, Carteret County. The project site is found approximately 0.2
miles west of the Broad Creek Bridge off Hwy. 24 West. From the intersection of Hwy. 70
and Hwy. 24 in Morehead City, travel west approximately 9.0 miles and the subject property
is located on the right (north) side of the road.
The subject properties total 2.371 acres and have an elevation of +12' above NHW. The
project would be located within Cottage Point Subdivision, which consists of 12 lots in its
entirety. Both parcels are cleared and maintained, vegetation consists of native grasses. The
Broad Creek is approximately 375' across at this location and the subject properties have a
combined shoreline of 451'. Water depths at the terminus of the proposed pier are -1.5 to -
2.0 feet NLW. The shoreline is vegetated with Spartina alterniflora, and has oyster beds
throughout. The substrate at the location of the docking facility is silt. There is presently an
existing 2-slip dock approximately 120' to the south of the proposed docking facility.
The Division of Water Quality classifies this area of the Broad Creek as SA-HQW waters.
This area is a Primary Nursery Area. The Carteret County LUP Classification for this project
is Conservation. This portion of the Broad Creek is open to harvesting of shellfish. There are
no shellfish leases in the location of the proposed facility.
10. PROJECT DESCRIPTION:
The applicant is proposing to expand an existing pier, which is currently approximately 140' x
5'from NHW. The proposal would add a 16.01' x 5' walkway to the terminus of the existing
pier with a 20' x 20' platform at the end. On the southeast side of the platform would be a 10'
x 6' floating swimming/kayak platform. A 42' x 5' walkway would extend from the platform
to the northwest and accommodate two 16.5' x 3' finger piers and 3 slips with boatlifts. The
slips would accommodate three 10' x 10.5' boatlifts. It is to be noted that the soundings
provided by the applicant were taken during a period of Neap Tides, which leads to periods of
minimal tidal amplitude. During Neap Tides, high tides are lower than normal and low tides
are higher than normal. It is the Divisions opinion, based on field observations, that the NLW
depths provided may reflect these Neap Tides in that NLW depths may be approximately -0. S'
shallower than represented. All three slips are proposed at -2.0 NLW with a small portion of
slip number 3 being at -1.90' NLW. The proposed slips would be approximately 30' from the
edge of channel contour and approximately 60' from the waterward edge of marsh.
The dock would be used to serve the residents of the Cottage Pointe residential development.
The project is within the property owner's surveyed riparian corridor, but encroaches outside
of the 15' riparian setback on the east side by approximately 6'. The property owner has a
riparian setback waiver from this riparian property owner.
11. ANTICIPATED IMPACTS:
The proposed dock would result in 1453 ft2 of open water being incorporated and 859 ft2 of
new shading. The docking facility would provide mooring for three vessels. Due to the
shallow water depth, there could be a negative effect to any shallow bottom habitat located
in the shaded area. It is to be noted that the soundings provided by the applicant were taken
during a period of Neap Tides, which leads to periods of minimal tidal amplitude. During
Neap Tides, high tides are lower than normal and low tides are higher than normal. It is the
Divisions opinion, based on field observations, that the NLW depths provided may reflect
these Neap Tides in that NLW depths may be approximately -0.5' shallower than represented.
The slips are proposed in marginally shallow water at -1.5 to -2.0' NLW. Due to this
water depth, some kicking would be expected during loading/unloading from the associated
boatlifts. This area is located within a Primary Nursery Area, which is classified as an area
of high biological productivity. Any damage to the bottom habitat or any increase in
turbidity through kicking could cause adverse impacts to the area. There would also be a
loss of Public Trust Area in the waters incorporated by the structure. An increase in
turbidity will occur while setting pilings. There should be no hazard to navigation being
that docking structure lies outside of the channel located 30' to the north. The waters
surrounding the structure are open to shellfish harvesting. No coastal marsh would be filled
or excavated during this project.
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Thomas And Scott Construction, Llc Project Name (if applicable)
Cottage Pointe Community Dock
Applicant 1: First Name
Scott MI Last Name
Cottrell
Applicant 2: First Name
Clark MI Last Name
Hutchinson
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
109 Key West Lane PO Box City
Newport State
INC
ZIP
28570 Country
USA Phone No.
252 - 422 - 8448 ext. FAX No.
-
Street Address (if different from above) City State ZIP
Email
2, AgentlContractor Information
Business Name
Stroud Engineering, Pa
Agent/ Contractor 1: First Name MI Last Name
Ronald D Cullipher
Agent/ Contractor 2: First Name MI Last Name
David W Gambardella
Mailing Address PO Box City State
151A Highway 24 Morehead City NC
ZIP Phone No. 1 Phone No. 2
28557 252 - 247 - 747 9 ext. - ext.
FAX No. Contractor #
252 247 4098
Street Address (if different from above) City State ZIP
Email
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Porn DCM NAP-1 (Page 2 of
-L C I ; !Cif for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Carteret 113 Key West Lane
Subdivision Name City State Zip '
Cottage Pointe Newport NC 28570-
Phone No. Lot No. (s) (if many, attach additional page with list)
- - ext. Lot 6, Lot 7, Community Lot, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Whiteoak Broad Creek
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural []Manmade []Unknown Bogue Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ?No work falls within.
Carteret County
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
451 ft 2.371 AC
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
Lot 6- 1.515 ac, Lot '-.738 ac, Comm lot- .118 ac, NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 12 ®NHW or ?NWL
e. Vegetation on tract
Marshgrass, scattered trees, lawn
f. Man-made features and uses now on tract
Single family lots
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential lots
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
Residential (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ZNo ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
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Form DCM VIP (;Page 3 ot'+)
APP± CA-; N For
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ®No
(Attach documentation, if available)
i
n. Describe existing wastewater treatment facilities.
On site Septic
o. Describe existing drinking water supply source.
Public water supply. West Carteret Water Co.
p. Describe existing storm water management or treatment systems.
Grassed swales and sheet flow through grassed surfaces
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Community dock and platform for use of subdivision residents
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Standard construction methology utilizing barge, backhoe, jet pump, stored on site
d. List all development activities you propose.
3 wetslips with boat lifts, 58'x 5' walkway, 20'x 20' platform, three 16.5'x 3' finger piers, 10'x 6' floating kayak and swim
platform
e. Are the proposed activities maintenance of an existing project, new work, or both? new work
f. What is the approximate total disturbed land area resulting from the proposed project? 0 ®Sq.Ft or ?Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
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Form DCM MP-1 (P-Fge 4 of =';
' FI dC. 410N for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
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 Jan Kohlmeyer Phone No. 252-726-6841
Address 3431 Arendell St, Morehead City, NC 28557
Name Robert M. Lawrence Phone No. 252-393-6882
Address 3238 Hwy 24, Newport, NC 28570
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA GP #46070, Thomas Giblin, 7/7/06 PWS 0600578, WCWC, 4119/06
Erosion Control CARTE-2006-373, Thomas Giblin, 5/1/06 DWQ SW8-060414, Thomas Giblin, 7/26/06
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
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 that the information provided in this application is truthful to the best of my knowledge.
Date -7 - ?? Print Name Z:z /e- G0."7? ? /t C?9e' J
Signature
Please indicate application attachments pertaining to your proposed project.
pDCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
?DCM MP-3 Upland Development
®DCM MP-4 Structures Information
252-808-2808 .. 1-383-41RCOAST .. vrwkv.nccoastaimanagement.net
Form OCNI NIP-

(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
9. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
[]Commercial []Public/Government NPrivate/Community
d. (i) Are Finger
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating
b. (i) Will the facility be open to the general public?
?Yes NNo
c. (i) Dock(s) and/or pier(s)
(ii) Number 1
(iii) Length 58'
(iv) Width 5'
(v) Floating ?Yes ®No
e. (i) Are Platforms included? ®Yes ?No
If yes:
(ii) Number (2)1 Main fixed platform & 1 Floating platform)
(iii) Length 20'. 10'
(iv) Width
(v) Floating ®Yes ?No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
3
(ii) Number of slips existing
0
i. Check the proposed type of siting:
? Land cut and access channel
[]Open water; dredging for basin and/or channel
®Open water; no dredging required
[]Other; please describe:
k. Typical boat length: 20'
m. (i) Will the facility have tie pilings?
?Yes NNo
(ii) If yes number of tie pilings?
[]This section not applicable
Piers included? ®Yes ?No
2
16.5'
3'
?Yes ®No
f. (i) Are Boatlifts included? ®Yes ?No
If yes:
(ii) Number 3
(iii) Length 10'
(iv) Width 10.5'
h. Check all the types of services to be provided.
? Full service, including travel lift and/or rail, repair or
maintenance service
? Dockage, fuel, and marine supplies
® Dockage ("wet slips") only, number of slips: 3
? Dry storage; number of boats:
? Boat ramp(s); number of boat ramps:
? Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Flat Bottom Open Runabout
1. (i) Will the facility be open to the general public?
?Yes ®No
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2. DOCKING FACILITY1MARINA OPERATIONS
a. Check each of the following sanitary facilities that will be included in the proposed project.
? Office Toilets
? Toilets for patrons; Number: NA; Location: NA
? Showers
? Boatholding tank pumpout; Give type and location: NA
b. Describe treatment type and disposal location for all sanitary wastewater.
NA
c. Describe the disposal of solid waste, fish offal and trash.
NA
d. How will overboard discharge of sewage from boats be controlled?
No Sewage discharge sign at beginning of dock
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
1 at walkway
(ii) Give the location and number of "Pumpout Available" signs proposed.
NA
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
NA
g. Where will residue from vessel maintenance be disposed of?
NA
h. Give the number of channel markers and "No Wake" signs proposed. NA
I. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
NA
j. What will be the marina policy on overnight and live-aboard dockage?
No live-aboards allowed
k. Describe design measures that promote boat basin flushing?
NA
1. If this project is an expansion of an existing marina, what types of services are currently provided?
NA
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
®Yes ?No
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-I. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
?Yes ZNo
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic
(SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
?CW ?SAV ?SB
?WL ®None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
?Commercial ?Public/Government ?Private/Community
(ii) Number
(iii) Length
(iv) Width
Note:, Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ® This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
?Commercial ?Public/Government ?Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
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a. Proximity of structure(s) to adjacent riparian property lines
15ft to the unrest. 9ft to the east
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
375' AVQ
e. (i) Will navigational aids be required as a result of the project?
?Yes ONo ?NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docki6%fipcilities.
125 ft
d. Water depth at waterward end of structure at NLW or NWL
2.20' NLW
8, OTHER ?This section not applicable
a. Give complete description:
7-I3-(??-
Date
/
(f 0 FC, rar7 ?? Co?7r?v?l fy L/OCIC-
Project Name
Applicant Name
Applicant Signature
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CAMA Major Permit Narrative
Property Address:
Lot 6, 7, and Community Access Cottage Pointe
Newport, NC 28570
May 29th, 2009
Owner:
Thomas & Scott Construction
109 Key West Ln
Newport, NC 28570
[phone]
Clark Hutchinson
122 Willow Rd
Pine Knoll Shores, NC 28512
Engineer:
Stroud Engineering, P.A.
151-A Hwy 24
Morehead City, NC 28557
A. Description of Project
1. Type of Development
This project construction consist of the extension of the existing 5 foot
community walkway 18 feet out to a 20' x 20' platform, 3 wet slips with boat lifts,
two 3 foot finger piers and a 10' x 6 ` floating kayak dock and swim platform. The
project will maintain the quarter distance line and will be located in approximately 2'
NLW. The slips are located outside the existing edge of channel and outside the
adjacent 15 foot riparian buffer.

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SHEET #1 OF 1 .,ds GlN*~a° rl' M 5/29/09
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