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HomeMy WebLinkAbout20050402 Ver 1_Complete File_20050303 ~, ~ f><<~;cl~:~~:::':~---~~~~~-~~~~~~~o~~soC{5~~P;;~i'~:.~ber' . NEW .-Y' 114-05 STATE OF NORTH CAROLINA Department of Environ~~~t and Natural ResOlft))~ @ ~ G~!J@ ~ Coastal Resources Con;mission ~ L 2 5 200~ ~ ttmtt o:,;~/;[~~~~Wi:~~~.;J~' for \' ,'ElVJliLN ~ Major Development in an Area of Environmental Concem pursuant to NCGS 113A-118 I ::: ~ t ~ Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Wildlife Resource Commission, 1720 Mail Service Center, Raleigh, NC, 27699-1720 ~ { * :( .c c .c .} ::: :~ '( 1 i :( * x ( ~ ] ~ x .c {. :~ ,. .,. f ., :t :~ .} y, :< Authorizing development in Onslow County at AIWW, SR 1503 (Shell Rock Landing Road). Hubert , as requested in the permittee's application dated 2/17/05. including the ( :~ ., I This permit action may be appealed by the permittee or t 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. :~ * :1 ~ :1 x \ :( :~ ~ ( .} .( :\ ;~ ~ ~ ~ ,c x t :( ~ * ~ .( I t 1 } ~ ~ ~ l ~ $ Signed by the authority of the Secretary of DENR and the * Chairman of the Coastal Resources Commission. * :1 .} ): .c .} I I " ., ~ :1 y ~ * :; In issuing .this . permit: the St.ate of ~orth Caro~ina agrees 1 ~ :f that your project IS conStstent \....lth the i'\orth Carolma Coastal . :t ~ ~lanagement Program. Signature of Pennittee j. t.4:.....-:.:..;..;..,;~.:<<-:..:--:Y....;'O':-;-;..:-:-;.-:....;-.-:..;-;..:-x..;-:-;-;..;..:-:..:..;..;..:_:-..:..:...;..:..;_;..;..;_:....:"""":--:_;..;.y:..:_:_;__...:_;.....:_...:..;..:-:--:..;-:..;-;-;..:..:...;-;..:-;..;..:~'-;-:...;..;-:-:-:-:.:-o.....;.-:-;-:.:-~..:..:..y..;-;-:.;-:-;..;........:--:_;..;..:-."':_:.;..:--;..;..:..:.:_;..:..;..:..:..:..;..:..;..:-;...:.;..;..;..:..:..:..:--:-.-...;..;-;..:-:-......:..:..:......."":..;..;-:..;..;..x..;-;..,: attached workplan drawings (7), 1-6 of7 dated "revisions" 2/8/05, and 7 of7 dated 2/17/05. This permit, issued on July 20, 2005 , 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. Excavation 1) In order to minimize impacts to juvenile fish and finfish, and in accordance with commitments made by the permittee, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management in consultation with the U.S. Army Corp of Engineers. 2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. ., " :f :r. * ~ :( .} (See attached sheets for Additional Conditions) This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. O. r-../ ~.. ,;I 1/ /f ~t?7! ? Char S. Jones, Director Division of Coastal Management Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 J:-."?';....'-X-x--~;-:-.:.-x:-~~~~""=""-...:-:...~~.....<*~:-:-?.....'->>.~~:~:-.~X:-X>->.:~>>x-..'-~.y.:..)-x~.......~X<<-"....;.-'...x.:-;..;.'.-x-:<<~;..-.-;..x-: . ~ NC Wildlife Resource Commission I ~ ? ~ * x 3) * ~ :f 4) ;( ~ 15) * 'f 6) :l ~: '{ :( .} ., '( :;: f 7) t: :~ :1 8) t { ::: ~~ ., ::: ',' '( 9) :( r: , ., ., ;~ .} :1: .,. :~ ~: .i 10) :} .~ ., { ~~ ::: ;.: :i :~ ;. 11) } ., :i 'f :[. ;: 12) :; ~. ;: * :i * ., ., ,. ., " " :f. :( .~ ., ., :~ ), :(. Jr' ~ Permit # 114-05 Page 2 of 4 ADDITIONAL CONDITIONS The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. No excavation shall take place at any time outside of the area indicated on the attached workplan drawings. No excavation shall take place within 10 feet of any area of coastal wetland. Spoil Disposal 13) All excavated materials shall be transported to the high ground site designated in the attached workplan drawings. Use of an alternative disposal location shall require additional approval from the Division of ~ Coastal Management. ~ ~ x ~ x .< i i 1 * ., :\ ~ ~ ~ * ~ x ~ ~ ~ .< ~. ., :i :1 ~ .< .< :t .< :t .< * ~ :t } l ] .< .< :~ :~ :1 ~( .< I :~ :~ No excavated material is to be placed within 30 feet of the normal high water line. The spoil disposal site shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. Sedimentation and Erosion Control Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). Docking Facilitv This permit authorizes only the docks, piers, walkways, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application and attached workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 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. The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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. ~ t {. x ~ ~ ~ ~ ::_,_:_:_._,",_:,~:,:,:~_:_:,:__:,~:_;-_;-:_;-;-:_:_:_""",,:-:-:-:-;_:_;-:-;_:~_,.,.-:-:.:,.:_:.:~_;-;-:~_:_:,:,:_:~_;-:.:__:-:-:,:-;.:,,;-:-:-;-:-:-;-:-:,:-:-:-;-:,':-;';-;-;-;-:':'.':':-:-;-:':-X';-..-:':-:-;-'-:':':-:-:-:,.;-:_:_:.:-:-;...._._:_:':_:_;-;-:.:-:-:':':,.:-;-:~_:.;-:-:-,,:-:-..:-:~.;-,.:-:-:-:-:-:-...:-.'<<.:.:i r;;-;:~~:~~~;;:::;;::~;;;;:;;:~~~:':'X~~~~~'~~-~~~~>>~:~~~~:-:-~~:~~~X'~~~~'~>>>X~~r::;:~:;-~~X-X<<~~ f { ~ :f ~ ~ .; 14) z f J: * y * , '"' Page 3 of 4 ADDITIONAL CONDITIONS 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 which may be caused from existing or future operations undertaken by the United States in the public interest. 15) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. I I z * ~ .; z ~ z ,( * :( ) :~ :f. :1 General * } * ~ f. ~ 1 } 18) 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 ~ 1 opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause ~ 8 unreasonable obstruction to free navigation of thc navigable waters, the permittee shall be rcquired, * :! 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 J. ~ II:} f: remova or a teration. :~ :i 19) No vegetated wetlands shall be excavated or filled. ~ * '1': :i :i NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, :1 approvals or authorizations that may be required. ~ ~ h '. \ :1 NOTE: Future development of the permittee's property may require a modification of this permit. ~.~ ~ Contact a representative of the Division at (252) 808-2808 prior to the commencement of any ~ :~ such activity for this determination. The permittee is further advised that many non-water f: 1 dependent activities are not authorized within 30 feet of the normal high water level. ~ {. ' i I ~ 1 l..x_:-:-:-:.;,.-._:-;,~:-;-:-:-:-:-;,,-:.:-:-:-:,:->.,:,:-:-:-:-~:-:.:-:,-:_:_:_:_:_:_:...:.~~:.:,,-:_._:-:-:_:_:_:.:_:,,-:_:_~:_:_~:-:-:-:"':'~:'-:-.':":-:-:-":-":-:"-:':':'X-:'.'.".-:':-:-:_:':__........:'..:-:-:':_~.,.,,:-:_:'x'x_:.._:,._.':':_:':_:_:':'~':_:-:_:':,':_:-:':.:.:.:..;_:-:..;_~x-:_:_:_:-:':,':-:_:.xl ~ J: } .. x :} :r 16) '( :; x 1 x .} ;( .( * ~ .f. .,' 17) :[. :} :i 1 Boat Ramp The boat ramp shall either be poured at an upland location and pushcd into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or watcrs that will enter waters of the State. Stormwatcr w[anagcmcnt The N.C. Division of \Vater Quality approved this project under stormwater management rules of the Environmental Management Commission by way of Stormwater Permit No. SW8050320, which was issued on 6/1/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. r' " r'?-~<<...~x-:-x-x-:--x....~~~:<<~>>;-M-~~-X-~r>>>>;..x...:-;..:'"I,~~~~~~~;"':""",,",,~:--~'-:--X.x-:-.....>>;:..y..,",,>>x~--:-.'-X-:--...;..:,-)oo>.; ~ NC 'Wildlife Resource Commission i 1 * ~ ~ NOTE: f i :0: * ~ NOTE: ~ Permit # 114-05 Page 4 of 4 ADDITIONAL CONDITIONS The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-0402), which was issued on 3/11/05. The U.S. Army Corps of Engineers has assigned the proposed project COE Action rd. No. 200500546. 1- ~ * :~ x :i :~ ~ } ., >: ~: .} f ;( .} :f :~ :}, :i :f x :( .\ :~ ~ i }, .\ * Y ~ :1 ;( :~ ~ :( 1 1 * ~ 1 1 ~~ ~ ~~":~<<";"'''':'';v:'':Y;''':''''''Xoo<.~<<...>--:-:.-:-)o;..:...;..;..:...;......:..;-x..:-:-:<<..:..:..;..:--:..:........"Voo:...:..:-:..X?:..;.........:-:...;....:-;...x-.>>;...:..:-<..:.y..:...:-x..:..:..:..:..;..;:.:....~....:..>-;-x...;....'-':..:..."':..:--:.:-:...:-:..:..;~..;..:-;-:.:.;...:-;.:..:..;..x...:..;.;-:..:-;.;..:..:-:'V-;..;.:-:-x.:-:-:..;.......s..:...;-;-x........,...:......:..:-:-:..;-x...;..;-:-:.;.......x.:~~ ~ } t ~ ~ ~ :0: ~ j .} ~ ! f :i :} :~ :~ ~ 0} f ~ I t ., ., r, ~ x " ~ ,. :i ., x ~ ., ., " :i :( * '( '( f )i y :0:U.} :r. ,. .} ., r, :r. * :( .} f :r. .} ., f :1 ~ .( ., >: x ., , } .} ., } } ~; :} t {: * ., :} :~ .\ X * ~: :~ ,. :r- ~~ :} ., :;. .( .. ATr (" United States Department of the Interior DS oL!-o2 FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 25, 2005 Mr. Henry Wicker U. S. Anny Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ~@@I~DW@~ MAY 2 2005 CE1\R - WArm cU.\L1TY ViETUJ;D3 gm SIOi\\~"';ATER 8RAt;CH Subject: Action ID #200500546, North Carolina Wildlife Resources Commission, Shell Rock Landing Boating Access Area, Onslow County, NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated March 25, 2005. The applicant, the North Carolina Wildlife Resources Commission (NCWRC), has applied for a Department of the Anny (DA) permit to renovate an existing boat launch facility at Shell Rock Landing. The proposed work is being considered under Regional General Permit # 198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act (CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.c. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b )(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.c. 1531-1543). Proposed Action and Anticipated Impacts The project area, proposed work, and anticipated impacts are described the Field Investigation Report (FIR), dated March 1,2005, of the North Carolina Division of Coastal Management (NCDCM). The project site is a 2.14-acre public boat access area with a gravel parking area, some rip rap shoreline, a launch ramp, and 80-foot floating dock. The ramp extends into a basin with a channel leading to the Atlantic Intracoastal Waterway (AIWW). The substrate of the basin is organic, silty muck and the FIR states that no submerged aquatic vegetation (SA V) was noted. There is a partial fringe of smooth cordgrass (Sparlina altern(flora) around the basin. The average existing depth in the basin is one foot, presumably at mean low water (MLW). The maintained channel between the basin and the AIWW has an average depth of four feet. also presumed to be at ML W. ( . 2 The applicant proposes to renovate the existing facility by adding a second, concrete ramp (14 feet by 107.6 feet) covering 1,506.4 square feet (fe). Most of the new ramp, 890.4 ft2, would be above the mean high water (MHW) line with 616 ft2 below the high water line. The new ramp would not cross any coastal marsh and the NCDCM did not note any SA V or shellfish in the footprint of the ramp. The ramp would be constructed on high ground before being set in place. The FIR states that wet concrete should not be introduced into the system. Approximately 180- 190 feet of wooden dock and walkway (five feet wide) would be constructed. These structures would shade 544 ft2 of public trust area. Approximately 600 cubic feet of material would be removed from 5,400 ft2 of the basin bottom. The basin would be dredged to create a depth of four feet at MLW, a depth designed to match the channel depth to the AIWW. Dredged material would be transported by truck to an upland, vacant field disposal site approximately a quarter of a mile from facility. Federally Protected Species The Service has reviewed available information on fedcrally-threatened or endangered species known to occur in Onslow County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on thc special status species, both fcderal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project- specific information on species which should be considered in permitting this projcct. The project area is in the Hubert quad. The occurrence data of special status species within this quad can be obtained on the internet at < http://www.ncnhp.org/Pages/heritarredata.html>. The Service carefully considers potential impacts for all in-water construction on the West Indian manatee (Trichechus mQnQlus), a federally-endangered mammal. The species has been reported from Onslow County and there is a current record within the Hubert quad. Manatees move along the Atlantic Coast during summer months and are seasonal transients in North Carolina, primarily from June through October. Manatces may occupy waters one to two meters (3.3 -6.6 feet) deep. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. Based on information in the PN and thc FIR, the proposed work does not appcar to pose a threat to the manatee. The NCDCM permit application states that construction would be accomplished with a bulldozer, backhoe, trackhoe, and motorgrader. It appears likely that the dredging would be done from the shoreline outward with land based equipmcnt in areas less than 1.5 feet deep at MLW. While water depths might be in the 4-5 foot range during high tide, the unvegetated nature of the basin substrate, the use of small-scalc dredging equipment, and the relatively small area to be dredged, would allow the Service to concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as thrcatened, endangered, or their designated critical habitat. However, the requirement of section 7 would 3 need to be reconsidered if: (I) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Service Concerns and Recommendations Our review indicates that the proposed work would not fundamentally change to use of the area. We are pleased that the proposed dock would not cross any marsh and that no SA V or shellfish areas would be impacted by the work. We have noted that Sheet 5 states that dredging would not come within ten feet of existing marsh. While it is unclear exactly how close the dredging would come to the marsh fringe, a ten-foot buffer would provide some protection from erosion caused by boat wakes. However, any incrcase in the buffcr between the drcdged area and the marsh would be beneficial to the long-term stability of this important habitat. The Service suggests that the applicant consider measures to encourage slow vessel speed within the enlarged basin. Slow speeds and the minimizing of boat wakes would reduce potential erosion of the marsh and may prevent the future requirement for shoreline stabilization. Overall, we do not believe that the proposed activity will have significant adverse and/or irreversible effects on general fish and wildlife resources under our jurisdiction. Therefore, the Service does not oppose the issuance of a DA permit for the actions described in the FIR and permit application of the NCWRC. The Service appreciates the opportunity to comment on this permit application. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position, please contact Howard Hall at 919-856-4520, ext. 27 or bye-mail at < howard_hall@fws.gov >. Please provide this office with a copy of the coordinated federal position, if one is developed. l.~ } " \ Pete ~amin Ecological Services Supervisor cc: Ronald Miklllak, US EP A, Atlanta, GA Ron Sechler, NOAA Fisheries, Beaufort, NC Bennett Wynne, NC Wildlife Resources Commission, Kinston NC John Dorney, NC Division of Water Quality, Raleigh, NC Tere Barrett, NC Division of Coastal Management, Morehead City, NC , of( WA T!2/y O~~ Oc. 0(r\1I1r\ \ "? -U~I :::: --~ "'-....-...::;. ""j :::; o \;:___::;;::-..... "' ~~ Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources March 11, 2005 Alan W. Klimek, P.E. Director Division of Water Quality ~@@&nW&@ MAt( 1 7 2005 I\~ENR. WATER Q OS Mn STORMrVA~B~' Iv'tIl'CH North Carolina Wildlife Resources Commission c/o Tom Covington 1720 Mail Service Center Raleigh, NC 27699-1720 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Shell Rock Landing BAA DWQ Project # 050402 Onslow County Dear Mr. Covington: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity located off Shell Rock Landing Road (SR 1503) near Swansboro, Onslow County. This approval allows you to: 1. Maintenance dredge 90' X 60' (600 cubic yards) of shallow bottom for the boat basin; 2. Excavate 10 cubic yards from the location of the new boat ramp; 3. Fill 108' X 14' (concrete slab) for a new boat ramp; 4. Construct a walkway and temporary mooring structure. This approval is only valid for the purpose and design that you described in your CAMA Major application received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on March 3, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES and Coastal Stormwater. In addition, this approval will expire when the accompanying CAl\IA Permit expires unless othenvise specified in the General Certification. This approval is only valid for the purpose and design that you described in your revised CAMA Major Permit application received by the Division of Coastal Management on February 21,2005. If you change or modify your project, you must notify the Division (DWQ) in \\'Titing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington. NC 28405-3845 Phone (910) 395-3900 FAX (919) 733-2496 Customer Servicel-877 -B23-B7 48 Intemet h20.enr.state.ncus N~~hCarolina )Vaturall!! An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper Page Two North Carolina Wildlife Resources Commission c/o Tom Covington Project # 050402 March 11, 2005 , 1. 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 this office and a copy to the 40l/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; : .~ : l 2. No excavation and no spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparianJ' areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, 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 conforming 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. ,I., This letter completes the review of the DWQ Permit #050402 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Edward Beck at 910-395-3900. Sincerely, ~\7Ji-f)/3 ,v)e -<~7 Alan W. Klimek, P.E., Director Division of Water Quality Attachments: GC # 3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Henry Wicker WiRO- Joanne Steenhuis 401 Oversite Unit, Raleigh - Cyndi Karoly CAMA - Ryan Davenport CAMA - Doug Huggett m@@@ow@~ WQC #3400 MAR 1 7 2005 CAMA PERMIT CERTIFICATION limZ~~i~1~~9UALlTY ...."'IIJA7ER BRANcH GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1,2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long. as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC # 3400 3 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 40 1 Water Quality Certification: 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 this certificate to the 40 1 AVetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-162 I. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Mail to: 401 Wetlands Contact NC Dept. of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington, NC 28405-2004 ~'ilichael F. Easley, Gcvernor A~A ~~;jl.~ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Charles S. Jones, Director 050L~02 William G. Ross Jr., Secretary March 1, 2005 IVIEMORANDUJ\[: m Co, ,'=' ~ nnn@l, @ A?',' r3 .~ .- I\I.~:< '.; " I ~.: [,'] TO: Ms. Cyndi Karoly Environmental Biological Supervisor. Division of Water Quality CEJ~" . ",. 1'~T1'."r" ..... .~. .LlIY Ill: II... ,,,oJ ,.;:) 51 Oi\.,; ,.,ATi;;R ERt.J iCH FROM: Doug Huggett Major Permits Processing CoordinatOr SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Wildlife Resources Commission Project Location: Onslow County: Shell Rock Landing Public Boating Access at the terminus of SR 1503 near Hubert, NC. Proposed Project: The applicant proposes to renovate the boat launching facility at Shell Rock Landing. The renovation will include the addition of a launch ramp, the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22,2005. If you have any questions regarding the proposed project, please contact Ryan Davenport 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: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Emp!oyer - 50% Recycled \ 10% Post Consumer Paper Development Type I. Private. non~mmerc;al development thai dces not involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation ot any wetlands or open water areas: III. For development L'1at involves the fitling and/or excavation ot up to 1 acre ot wetlands and/or open water areas, determine it A. S. C, or 0 below applies: III(A). For Private. non-commercial development, It General water Quality Certification No.3301 (see attached) can be applied: III(S): For public or ccmmercial development. it General water Quality .... Certification No.3301 (see attached) $t can be applied: ", III(C). It General Water Quality Cerufication No. 3301 (see at:ached) "' could be applied, but OCM staff L' determined that additional review and l.: written OWQ concurrence is needed f. because ot concems related to water .' ,. quality or aquatic life: , ~ 111(0). It General Water Quality ~. Cerufication No. 3301 (see attached) '": can not be applied: c~ IV. For development that involves T the filling and/or excavation ot more ,f,' than one acre ot wetlands and/or ':~ open water areas: " . .... 0% (SO) '.~'."'; ,. ; ~',__~~'~-'~~'d.t<-, _ '~'. .,,'? OWQ% (2430016024351000952341) oeM ~/. (143001601435100093162562531 100% ($250) ". 100% ($400) 0% (SO) 100% (S250) 0% (SO) 100'/, ($400) 0% (SO) l' :'!-" $400 t~ 60% ($240) 40% (S160) ~~ ~-:: ."." :t/ ~; ,iiI",. $400 1- 60% ($240) 40% (S160) ~~ .., ~. $475 i; 60% ($285) 40% ($190) :~~,~: ~~ ~;<;~: ,~ f' ~ ~.; ~:- ",w': .t~ .~. ';1 1 ~1' {t' ''f .:.r'" :~i ;~, ~. ~; C".' I .:.::i .' I, ~,..,.!": ;'t {L :';'~:j :::~~ DIVISION OF COASTAL ~IANAGENIENT FIELD INVESTIGATIO:\" REPORT 1. APPLICA..'~T'S NA:\IE: North Carolina 'vVildlife Resources Commission c/o Mr. Tom Covington :2. LOCATION OF PROJECT SITE: Shell Rock Landing Public Boating Access, located at the terminus of SR 1503 (Shell Rock Landing Rd.) near Hubert in Onslow County. Photo Index - 2000: grid 33-434 (J15) 1995: grid 33-422 (J19) State Plane Coordinates - X: 2551645.406 Y: 333883.397 Rover # J022418A 3. INVESTIGATION TYPE: CAMA, Dredge & Fill 4, INVESTIGATIVE PROCEDURE: Dates of Site Visit - ;February 1,2005 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - February 21,2005 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Onslow County-1997 Land Classification From LUP - Limited Transition, Conservation (B) AEC(s) Involved: PTA, EW, ES, (C) Water Dependent: Yes (D) Intended Use: Public boat launching facility (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - Parking Lot, Concrete Apron, Concrete Ramp, Floating Dock Planned - Concrete Ramp, Wooden Dock and Walkway, Channel, Basin (G)' Estimated Annual Rate of Erosion: N/ A Source - N/A 7. HABITAT DESCRIPTION: DREDGED fiLLED INCURf (A) Shallow Water Habitat 5,400 ft2 (B) Open Water 544 ft2 Shaded (C) Other High Ground 896 ft2 1,170.4 ft2 (D) Total Area Disturbed: 7,915.4 ft2 (E) Water Classification: SA-ORW Open: Yes 8. PROJECT SUIVIlVIARY: Applicant proposes to renovate the boat launching facility at Shell Rock Landing. The renovation will include the addition of a launch ramp, the installation of a walkway and temporary mooring dock, and the dredging of the basin to match channel depth. Field Investigation Report: NC'VR C Page 02 9. Narrative Description: The project is located at the Shell Rock Landing public boating access area located at the terminus of SR 1503 (Shell Rock Landing Rd.) near Hubert in Onslow County. The project is bordered to the south by the Atlantic Intracoastal \Vatenvay (AIW\V) in the vicinity of Bear Island. West of the project is the Red Barn restaurant. The Shell Rock Landing public boating access is 2.24 acres in area and averages 7' above normal low water. Currently on the site there is a gravel parking lot, a launching ramp, an 80' floating dock, and a rip rap slope. The ramp extends into a basin with a channel leading to the AIYV\V. The basin is approximately 130' wide in the construction arca and is sUlTounded partially with a fringe of Smooth Cordgrass (Spartina alteniflora). The substrate of the basin is organic silty muck. No SA V's were noted. Other portions of the basin go directly to high ground. High ground vegetation consists of various upland grasses and Wax Myrtle (Myrica cerifera). The major high ground soil type was sandy loam. Approximately 20' of the shoreline is stabilized with rip rap. Little erosion was noticed on other parts of the shore. The maintained channel connecting the basin to the AIW\V averages -4' deep. Extending into the basin are various docking structures from the neighboring R V park. In the project area, the NC Division of \Vater Quality classifies the waters of the AIYVW as SA-Outstanding Resource Waters (OR W). The area is not designated as a Primary Nursery Area (PNA) by the NC Division of Marine fisheries but is open to the taking of Shellfish. No shellfish were noted in the project area. The only service provided currently to the area is parking for the launching of boats. 10. Proiect Description: The North Carolina Wildlife Resources Commission (NCWRC) has made application to renovate the Shell Rock Landing public boating access in order to speed launching, control crowding and specd retrieval of boats. Renovations of the access are to include the addition of a 14' X 107.6' launching ramp and a 5' X 190' wooden dock and walkway. The NCWRC also proposes to dredge 600 yd3 from the existing basin to match basin depth to channel depth. The proposed launching ramp would be 1,506.4 ft2 (14' X 107.6') in area. The ramp would extend 44' below MHW covering an area of 616 ft2. The remaining 63.6' of the ramp would be placed above MHW covering an area of 890.4 ft2. The installation of the ramp would involve the excavation of 10 yd3 below MillV and 96 yd3 above MHW. The existing apron would be extended 14' for maneuvering to the ramp. The proposed ramp would be constructed of concrete on high ground before being set in place. The proposed ramp would not cross over any coastal marsh. No SA V's or shellfish were noted in the proposed ramp area. The proposed wooden dock and walkway would be 178.3' in length overall including access walkways. Two walkways would allow access to the dock. One walkway would be Field Investigation Report: NCWRC Page 03 constmcted along the launching ramp and would be 5' wide and 64' long. The other walkway, constmcted 31' south of the ramp, would be 5' wide and 5.5' long. Both walkways would be constmcted over high ground. The proposed dock would be 5' wide and 108.8' long. It would extend a maximum of 20' waterward of MHW. The dock would not cross over any marsh but would encompass 544 ft2 of public trust area. There are no permanent slips proposed and all docking will be transient. The proposed dock is for public use. In order to match the basin depth to the channel depth the NCWRC proposes to excavate 600 yd3 from a 90' X 60' (5,400 ft2) area within the basin. The excavation would take the basin from an existing average depth of -1' at MLW to a final project depth of -4' MLW. There were no SA V's or shellfish noted within the basin. The type of material to be excavated from the basin would be organic silty muck. . The material would be removed by an excavator. An area 130' X 90' in a vacant field .25 miles from the basin would serve as a disposal area for the spoils. Material would be trucked from the basinto the disposal area. Tmcks would travel down 200' of paved road in route to the disposal area. 11. Anticipated Impacts: The proposed renovation of the Shell Rock Landing boating access would involve the placement of a 1,506.4 ft21aunching ramp. The ramp would be positioned such that 616 ft2 would be below MHW and 890.4 ft2 would be above MHW. Wet concrete should not be introduced to the system. The proposed 178.3' wooden dock and walkway would encompass 544 ft2 of public tmst area. All of this area would be shaded. No permanent slips would result from this project as all docking would be transient. Little navigational impacts would be associated with the dock and walkway. There would be some chance for overboard discharge during transient dockage. The maintenance excavation of the basin would involve the removal of 600 yd3 from a 5,400 ft2 area. The type of material to be removed during the excavation would be organic silty muck. This material would be placed in an 11,700 ft2 high ground location. Because of the high liquid content of the material, the potential for material leaking from the trucks to the highway exists during the 200' distance traveled over paved road. The potential for turbidity exists during all phases of the project but should be temporary. No SA V's, coastal wetlands, or shellfish should be affected by the project. Water depths for the area should be sufficient for the expected use. Name James Ryan Davenport Date March 1,2005 Morehead City Form DCM-MP-l Ot'~O 'j 02 ....j ... AJPJP>JLK CA 11 ((]) N . '. j , -' .....,....... ....... ':-~;'> . ':\ 1..\ 1!) i.I/ '..-/ (To be completed by all applicants) 1. APPLICANT a. LandO\vner: Name North Carolina Wildlife Resources Conunission Address 1720 Mail Service Center City Raleigh State NC Zip 27699-1720 Day Phone 919-715-3155 Fax 919-715-2380 b. Authorized Agent: Name Gordon Myers or Tom Covington Address 1720 Mail Service Center City Raleigh State NC Zip 27699-1720 Day Phone 919-715-3155 Fax 919-715-2380 c. Project name (if any) Shell Rock Landing BAA NOTE: Permit will be issued in name of landolVner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Onslow b, City, town, community, or landmark Hubert \ J J . / t~:u:) '\, '.~'. '-\'l"j (>1".,1 DeNl \'i j o! '.;::;: j l".:.,,:.. I_l "-" j c. Street address or secondary road number SR 1503 (Shell Rock Landing Rd) d. Is the proposed work within the city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Intercoastal Waterway 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. Renovation of a free boat IalU1Ching facility, which includes: Adding a launch ramp and installing a wal1.,vay and temporary mooring structure to control crowding and speed laW1ch and retrieval. Excavation to install ramp and dredging to match basin depth to channel depth b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the project be public, private or commercial use? Public 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. This BAA facility 'Will provide free public boating access to the AlONW and waters near S\vansboro The follov,ing equipment \\ill be used: bulldozer, backhoe, trackhoe, motorgrader. Form DCl\I-l\IP-l 4. LAND AND \V A TER CHARACTERISTICS a. Size of entire tract 2.24 Acres b. Size of individuallot(s) N/A c. Approximate elevation of tract above MHW or NWL approx 7 it average above NWL . d. Soil type(s) and texture(s) on tract sandy clay e. Vegetation on tract Miscmarshgrasscs,miscturfgrasscs,pine trees f. Man-made features now on tract Concrete launch ramp, Floating dock, gravel parking area g. What is the CAMA Land Use Plan land classification of the site? (Consult the local use plan) x Transitional Community Other Conservation Developed Rural h. How is the tract zoned by local government? R-8M 1. Is the proposed project consistent with applicable zoning? X Yes No (attach zoning compliance certificate, if applicable) J. Has a professional archaeological assessment been done for the tract? Yes X No if yes, by whom? NA k. Is the project located III a National Registered Historic District or does it involve a National Register listed or eligible propcrty? Yes X No 1. Are there wetlands on site? Yes X No Coastal (marsh) X Yes No if ycs, has a delineation been conducted? No (attach documelltation, if available) m. Describe existing wastewater treatment facilities. N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down", and residential discharges.) Surface runoff consistent with the existing site o. Describe existing drinking water supply source, N/A 5. ADDITIONAL INFORNIATION In addition to the completed application form, the following items must be submitted: . A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affectcd 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 7J.0203 for a detailed description.) Please 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. Anny Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, a~d}h~i~~.:",.-::, "7i.-~ --7~. "'., ~ . < I' ,I , .,' ." , , '. . '. \' . ' " . i u - .. .~, , } n ,. ,'~)~". \\;1. orerre8Ci lihY y.... , j'-'\ ,.no'l Form DCM-MP-l . A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signcd return receipts as proof that such owncrs have receivcd a copy of thc application and plats by certitied mail. Such landO\vners must be advised that they have 30 days in which to submit commc1.lts on the proposed project to the Division of Coastal ~Ianagement. Upon signing this form, the applicant further certifies that such notice has been provided. . Name Address Phone Name Address Phone Name Address Phone Name Address Phone Name Address Phone Sheni Gamer 28 Brookwood Dr. Smithfield, NC 27577 (919) 975-0760 Theresa Morton (Shell Rock LLC) Harvell and Collins, PA Attn: Trish 1107 Bridges St Morehead City, NC 28557 (252) 6-16-3923 . A list of previous state or fcderal pcrmits issued for work on this project tract. Include permit numbers, permittee, and issuing dates. 39338 C, NCWRC, 7/16/04 32960 C, NC\VRC, 1/16//03 . A chcck for $250.00 made payable to the Department of Environment, and Natural Rcsources (DENR) to cover the costs of processing the application. . A signcd AEC hazard notice for projects 111 oceanfront and inlet areas. . A statcmcnt of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) if the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environment Policy Act. 6. CERTIFICATION AND PERlvIISSION 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 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 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 pennit 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 17Ul ,20 05 day of Febru:uy Print Name TomCovi.ngton/ Signature .J.- ~"L~ ~f,i"d Au"" Please indicate attachments pertaining to your proposed project. x Excavation and Fill Information Upland Development Structures Bridges and Culverts Marina Dev~~ill?rip~:-c:--~-_."~ .~,-_. c-..1 ~ ,- Please sign and dai~, each attachment in the space provided at lherllottom /)fe~ch [orin: :15 x DCM MP-2 DCM MP-3 DCM MP-4 DCM MP-5 DCM MP-6 NOTE: ,v.,--\ . ..:. Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attachthis form to Joint Application for CAMA Major Permit, Form DCM-MP-l. 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 Existing Final Project L W Access channel (NWL) en!!t 1 ldth DeDth Depth 90' 60' -1 -4 108' 14' 0' -1.9' , I Canal Boat basin Boat ramp Rock groin Rock breakwater *Other 1. EXCAVATION a. Amount of material to be excavated from below MHW in cubic yards 600 cu. yds. from boat basin and 10 cu yds from boat ramp, below MHW (rest is included in basin calculations, which is why high ground exc is so much higher) b. Type of material to be excavated Organic silty muck c. Does the area to be excavated inClude coastal wetlands (marsh), submer'ged aquatic vegetation (SA V's) or other wetlands. Yes X No d. Highground excavation in cubic yards 96 CY 2. DISPOSAL OF EXCAVATED MATERIAL. a. Location of disposal area Vacant field less than ';4 mile From site, accessible by dirt road. Only on paved sUrface for 200' b. Dimensions of disposal area 130' x approx 90' c. Do you claim title to the disposal area? Yes X No If no, attach a letter granting permission from the owner. attached d. Will a disposal area be available for future maintenance? X Yes No If yes, where? Existing disposal site ...~" ,--' <,,~-,' "". . FF~:3 '.1 :'1 ,J .' Form DCM-MP-2 f\ :'1 J....'.\ -:~ ,.'-., i:., "' 1\; '\..11'" j' -'.;; .,' 'j' -v- Ii ,-" '-. ...... J "'i',.',.. ' ",' ":-v' ~ :. j' DC ~-,~; J Form DCi\I-i\IP-2 e. Does the disposal area include any coastal wetlands (marsh), SA V's, or other wetlands? Yes X No f. Does the disposal area include any area in the \vater? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization NA Bulkhead Riprap b. Length NA c. Average distance waterward ofl\IHW or NWL NA d. Maximum distance waterward of MHW or NWL NA e. Shoreline erosion during preceding 12 months None (Source ofinformation): Visual- 11 Aug f. Type of bulkhead or riprap material NA g. Amount of fill m cubic yards to be placed below water level NA h. Type of fill material NA 1. Source of fill material NA 4. OTHER FILL ACTIVITIES (Excluding Shorclinc Stabilization) a. Will fill material be brought to site? X Yes No If yes, (1) Amount of fill to be placed in the water -16 cu. yds. below MHW Dimensions of fill area 14'x45' (ramp footprint) Purpose of fill sub grade preparation of launch ramp and ramp itself (2) (3) b. Will the fill material be placed in coastal wetlands (marsh), SA V's, or other wetlands? Yes X No If yes, (1) Dimensions of fill area NA (2) Purpose of fill NA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled Material will be taken straight from Site to spoil area, where it will be allowed to dewater Through a vegetated buffer b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bull dozer, backhoe, trackhoe, b. Will wetlands be crossed in transporting equipment to project site? Yes X No if yes, explain steps that will be taken to lessen environmental impacts. NCWRC Shellrock Landing Boating Access Area Applicant or Project Name .....-..... "., ,.--,-- JLNJ ~ J? Signature ~ i:.) -. 11 F'E;!3 05 - J ~. ~ .(~ ;J J Date iVlo:<sh:::1:;?,:j (Ji';'l; DC;\t'i .,. Form DCl\I-MP-.t STRUCTURES (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 sections of the J oint Application that". relate to this proposed project. a. Dock(s) andlpier(s) (1) X Commercial Community. Private (2) Number 1 fixcddock, with 3 access points (3) Length 190' overall length including access walkways (4) Width 5' (5) Finger Piers Yes X. No (i) Number N/A (ii) Length N/A (iii) Width N/A (6) Platform(s) Yes X No (i) Number N/A (ii) Length N/A (iii) Width N/A (7) Number of slips proposed N/A (8) Proximity of structure to adjacent riparian property lines 25' (9) Width of water body Approx 130' in construction area (10) Water depth at waterward end of pier at MHW or NWL Approx-5'@NWL b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length N/A (3) Width N/A c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number N/A (2) Length(s) N/A d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length N/A (2) Average distance from MHW, NWL, or wetlands N/A (3) Maximum distance beyond MHW, NWL, or wetlands N/A e. Mooring Buoys N/A (1) Commercial Community Private (2) Number NA (3) Description of Buoy (Color, inscription, size, anchor, etc.) N/A (4) Width of water body N/A (5) Distance buoy(s) to be placed beyond shoreline NA f. Mooring structure (boatlift, mooring pilings, etc.) N/A (1) Commercial Community Private (2) Number N/A (3) Length N/A (4) Width N/A g. Other (Give complete Description) NCWRC Shellrock Landing BAA Applicant or Project Name s-t~ j t..,~ II Pm 05' Date ;' :J-j. I ~ '. " 'I......' \: t '../q -~, 'I) 'lu'\ D 5 j FE::JiJ-- "" ., LU ,......1 '~~"!"'," .~.. ....~-,\f'\ r~ 1 '\~, " ~f~ North Carolina Wildlife .f(esources Commission DIvIsion of Engineering Services ~. ...~ "'" ~'.:7J.f. r:~(,7~.;hif'. 44'.'.) . r.L .. ./:'i",.,~~___.;,:'\ i:.<.... v~~;,~' J-'";.,--_-././f~\ ."'"'.: -, .-t 1 ;.,{,h. ' . . ~ '.'~i' " '"I.:,,!~.:, .' ~ <", \ ~:-,0 -~ ",,,!:\/ '::-,~"'~, ,~~, ""'~~< i.'" :""-- ,~~':~ t!:"'. . :'~r~:<;:.".:3'.:~ ,_ ~ '~". -\. '. . ",".", Ii'" .,., .' 1\' '~1'1 . tb.b ',"..'. ",-." .,., .,-.,L.,)' .~_..-:"~\:. "".,.;\~~,.,t~.,::.r H~.~..". _".~".y " ..'<.<""\,',\':......;_..,;~ j~.. '"tl:'''''''. . .';J, ..If.. .... .:i'ioi1: " ..'<", .".' ~.' C,.,. ....' :'i,,':.,.v ."l{~':~!~;~~~~:'~ift~? ,..,~~~~t~~~:~~;-":!;c~:,S;;;. . ,p. t', ~f2..\.';'c; ':"., ~\ \J ; :c.:. \~\)\ D \:;::.:._-, '..-- .. I., \\ 0 G <'1 lGGS ~^ Po \\ .,,-:.l Q'J;,.\..I\~,...rf' O~t..'; . \ ,,,h.J.,, ':F'?J;;.,J"'V', c:- ~"'''~'iJS1G;::~~I,'j{\ ,-I 'l;2.1V~D:.l t.' Shell Rock landing Proposed Improvements Boating Access.Area DraWing Index Sheet I Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet b Sheet 7 --. .... Cover Sheet EXisting Overall Site EXisting Overall Proposed Proposed Ramp Detail Proposed Dredge and Fill Proposed Profiles Proposed Dredging Profiles F E. ~:~ ~_~ ~'~ 2 ;~~ ~~ J " .. .... .~,..' ('C: ,. . ".'.~', \:] '.... '.-. ,':'.> '-.1,'1' . " ;11 Y. J IV'! !)J'jvliV~''''''''''''~' .....,..... ~ ... :-'<:~ r~~:i </. . . ~. 'C.c /" " ,",.--.-----,," . .....~t". i">, --.' "". -- - . . ... ..... ..' .-::'.,' '.'-" '. '~. .; . . \ ,..' ~~I.tid~,~p~rk . , '...... ", 2~.~... ~.~--1~. ,,' '" ':\~"" /', ,-' ,- ..'...'.....' """,'~ \ " ~, '.... u__"'. .~ ,.~:~=-,.,~ ~:-~,,:~i ~..'."... "j... .'. . .' . . - , . ,~. '--:-~\. ,._'\: '. " .,' . " . ',,' ,t .. ,';. \_- ... .- \ . ,- 1 \ '. ... ~~- o\.1.M.noos:<< Fc/1(s P;~e1;er ',- Ji~f'cOCk p"lrtr. ~", '\ ~n Po<<:.."'., e.Buc~~, (/.;rr',ff' ":.-.",...,;,,, . .@ ~;..:-:.:.' :::~<..;n....- .,! ';J'<'b<~:;;:'''~~;,'L' ,'~, .J... ' .. I " . ~ f Bpgue ,"'~w~(o_~I~,~~ ,. i~&;7~ ..,1Iot, ; '.. _ ,_ ",0t1~.~?lrc -', -;-,.- ;~<f~ ,.....~,:-~.I~.~;:-'ced4r.p~.~.t0: r..\.u' p.O"'. Ji""'ing ',..'""d.' ~". \-. j:'-':-,~.'r~e Isl..nd. ~" ._, J'u~'.;z"'nd'~.; j.... .:~~.".i .:\............. ..... ..., . . < ... '...."...':.: .~~,j~ ," ,..- Pr~Ject Site Information Size of Tract = 2.24 Acres Water level fluctuations of 2.51-3.51 are tidal. Elevations are based on MLW = O. Area of EnVironmental Concern (AEC) covers entire site due to ORW water quality claSSification. No land dependent construction IS proposed, therefore there IS no stormwater deSIgn proposed. , ....-::_~ (~.l.-:"'&'; -.. .~, id.C i , , :1 , ,"\,--- / ~ . ..- ; :". Ca'np Lejtlll* tdiitaryRuervJlion , '\ :,~,:"/'\:':,- ",'j,<,- '----(:, OJ, ,-,,",:: - ' .. :~,::1... .;':'";~')Z~)'~-,/mi' ... . .... . '-, '-. : ,; ";"" -..,....-'..,. . .,.......' '.. .._....c......../; , /" ',-- .'. . ., ~oO.D<t..W... su.olJlLlu USA," 2000 I1D,T."lL.E!l..CltJooo, i"c'~" .It..~~ Shell rock landing N 34d 3B.1 B2' W 77d OB.B35' ./-- 3' --:. / '" \'30, '3 '(;. ~ . ",~''3F ./ ~o\"}',-AZ:- -' _ S ~.- - ~~.._.._. .."" Shell Rock LLC PO Box 2414 Morehead City, NC 28557 i I i I ~\ r 7. . \ ,. r--"'-J~ '---- ,./ .-./~ A"'_A"'~' Existing Concrete Apron EXisting Concrete Ramp EXisting 8' Wide Floating Dock Fower Fole Existing Wooden Docks Shell Rock LLC PO Box 2414 Morehead City, NC 28557 EXisting Bulkhead surrounded By Rip Rap 3 , S72. 1 s' 0]; '" - , ' .. """----~-~-~-~~ . - - -~._...,-- '---~ ......_Ntl_""'--........... - _-:'-'--"'---___ ---~ ......-......- "'tt ' '.,- {' Atlanttc Intercoastal Water Way -- ....-J-----If.. '-..,--:...,-;;=-~..~,_==:,.;~..==-e=~:~~~:4 Dlst to opposite shore approx 500 ft ~ ..---If."',---- . -....~-....II-"-II-...~- II~+-~ "'__....11 ....11-...11-... "l.>: ..........." l.>:........... "l.>: ........... "l.>: """-- Ii.. \I 130. 2~ - .S5S;S6' 51' \I , I I I :' .'i ...-_. r... :',~ :~~'~:' ,-' :1.... f .:_^ ..; '..... ~ ~ ....' Note: Entire Parcel IS subject to 5751 ORW AEC. Distance from proposed structures to AICWN Straight-Line over land: approx I 15ft Over water: approx 5 10ft Sherri Garner 28 Brookwood Drive Smithfield, NC 27577 Le end: Froperty Line Rip Rap Concrete Wood Dock Marsh Fence Gravel Mean High Water Mean low Water Spot Elevation X Scale = 1:50 t- -~~ "~."-~T .~_nu~~~}oo North Carolina Wildlife Resources Commission Division of Engineering Services EXlstmg Overall Site Shell rock landing C:\....\Shellrock Fhase 3.dwg CADll AU: 10 TIC 9 Sept 04 DESIGN BY DATE CHECKED BY DATE BY REVISIONS DCM review changes SHEET 2 7 OF OA"TE 8 Feb 05 -- ~ -- - - ~. Z3I:.-96~\l---- -----SSS'Z7'06 Shell Rock llC PO Box 2414 Morehead City, NC 28557 - _~!=:l"~ ~&@@or,\ne-' , MA9 D .; , I' ~ DEI if( >c.' II;IU I,',.... " .. h~~i: .'",;;,1:,"] 570-;;. >.-.. I ~'''f.nJ L}( t '_~".. 'r, IV.........H ., - _ ~'..J , ~ ':.' j :~.~~ .._:.~ j . . i~ ,'_", . ",J .L_.-': i'~ ~/ ;.) -w-: 1 ~71 Proposed structures Include concrete ramp, apron extenSion, and a wood walkway, not to encroach on marsh area. Elevations given are relative to MLW = O. Scale = 1:50 l:t [';1.. r. North Carolina Wildlife Resources Commission Division of Engineering Services Sherri Garner 28 Brookwood Drive Smithfield, NC 27577 Proposed Apron ExtenSion Shell Rock llC PO Box 2414 Morehead City, NC 28557 Proposed Wooden Dock and Walkway 7<\.. . \ 7<\.. ~~ )y~ "#r ~~ )y 3 , S72'18'O~",- __ ' ~~-~-~~ --~-----' NiH _N-t' -~ -~ --......... .-:-' .----- --...~ N-t' _r-ttI --......... ---- - _ . r' - ~ - ------~.:..." ,--.,..----~ ............ " ,,=--==~==~---_. --- . ,,~------"'lt -....;:.----_--:-,.....l".---r'~:! --,-"N~ --:.-,.N,!< ~----\ _/'I ~ """'"'-..,"),0 -..........-~::r..- :".. ^1H _^1H _^"'t4- LeClend: Property Line Rip R.3p Concrete Wood Dock Marsh Fence Gravel Mean High Water - Mean low Water lLV Spot Elevation X 1 100 EXisting with Overall Changes Shell rock Landing C:\....\Shellrock Phase 3.dwg SHEET GADD FlLE 'D 3 TIC 9 Sept 04 DESIGN BY DATE 7 CHECKED BY DATE OF BY REVISIONS CATE DCM review changes 8 Feb 05 \ \ Le end: Property Line Rip Rap Concrete Wood Dock Marsh Fence Gravel Mean High Water Mean low Water ILV Spot Elevation X ~"'i\I Proposed Mean Low Wate~ I existing Ramp ... EXisting Rip Rap Slope EXisting Dock Approach ... I Proposed Mean High Water Proposed Apron ..------ ^"lH 1""" .,..-- --I" 1""" "1 :.., ...j EXisting Basin 1'L"_l'IL"-II..\I~ ,,_ ML"- ML"_l'L ",-,,- ML"_l'L"- ... ... ~~ ~-~ ~ ~~ 1::: o "V-. J Scale = 1:20 . ~ "~r3 . -~,.- ~~ ~ . --- ]0 j North Carolina Wildlife Resources Commission Division of Engineering Services G Proposed Ramp and Dock Details Shellrock landing existing dock to be removed - C:\....\Shellrock Phase 3.dwg CADD AlE 10 TIC 9 Sept 04 ~~N~ ~IT SHEET 4 7 CHECKED ~ ~IT OF BY REVISIONS OAIT 8 Feb 05 DCM review changes .- .- .- Propcsed Depsh of Dredging, based on MlIN, -4, Dredge slopes are proposed to be 2: I PnsmOldal Volume Results Below Prot?osed MHW by averaging all c;;ts reterenced on spot elevations, excavation IS approximately GOO CY. Due to slope of cuts, actual amount will be less. USing GOO CY for amount. Upland Cut Volume Total Cut Volume: I 30 cu yd 730 cu yd ,;.) -- -----~ . - ----- . -----: - ~ ------ .~ Waste site IS located as seen m the above photgraph, and owner will allow expansion If necessary, as long as site IS graded to meet eXisting contours. Material will be placed Into on-highway dump trucks, and trucked to the site. Please reference the eXisting Shell Rock landing BAA In the south portion of the photo. Landowners PermiSSion IS Included In the documents submitted to DCM for the Major Permit. Note: Photo IS not current and does not reflect actual conditions at the Boating Access Area. Area of waste site IS accurate. Note' lredg,"g w,1I not co,"e w,th," eXlstlngj marsh See Sh~et 7 for Dredging Cross Sections 10' of A" t'~~ /'Y1 r'f'("'<-': -.,......:4.. - ......~ '...,/.. J ~...~ ;., fij) @ @ rffi 0 1\/,.' J- lJ~ ~._, \.' iH.~Dn'2' t'11-\;\ \1 ':1:' *UO. -, r:-\ ;/ tv p p '0 \ 0 ~c< \".;J;D,E!~\-'"", . '.C.... , \ '::IU..,,;)" J' -, -..I \ . :::;...--\. -r 1 t..t vlL.h.\"j,;I~t\ .u,....u --, \ ....-\ \ . "'vil G3.'Z.I;\. 2.0.01;\. ~ ThiS sheet, spot elevations. a re listed as "X eXlstmg (proposed)", based on MLW = 0 Le end: Property Lme Rip R.:Jp Concrete DREDGE AREA Marsh Fence Gravel Mean High Water Mean low Water ILV Spot Elevation X Scale = 1:20 k." . ~~ I 10 J North Carolina Wildlife Resources Commission Division of Engineering Services Proposed Excavation and Dredgmg Shell rock landing C:\.. ..\Shellrock Phase 3.dwg CADO ALE 10 TIC 9 Sept 04 DESIGN BY DATE SHE.ET 5 7 CHECKED BY DATE OF BY REV1SiONS DATE DCM review changes 8 Feb 05 EXisting groul1d, to be excavated. See Dredge and Fill sheet for amount. "~ - ---- ITj ----- -- NTS ~~ ~ ------- J-11 ~X{\ /1 ~\ . ----- I- \ -1- ,L:.L -1- ~------ I- T I. I T '0:L~ ::::: >?7 ~ - -X' ~ Existing Ground I III III-III -IT r-\ '7' .... \ -, --_~ A ~ 7.5 Inch layer 4500psl Class I>A DOT MIX Concrete .1 I T~ ..f-1-~/{ -\- G Inch layer 57 Stone ~III~III~III~III~III~III. . .111. . .:I T - -----I ftlayerClassBRlp~p ~ lI) 'I ~ I . 30.0ft ilL 10.Oft -, 1'1' r:; nft . ~"d...!lrr-.ill Till. TlLl;-;-,J-1 ~ 5.0ft ~~rnm~~~I~IEI~;:~ ;';1.' 'F~;:: --L _ ~ "fIDJ 1t=~~i1~ t=~~ I~~W-~ I JMlr~ It=~w= I ~l1= ~ ~ ~ - ~ ~~T1 u-r"1~ ~~ ~~l ~~J ~ tr 1= " =- ~ ;::-- ~.IU$i Tr~TI Idil~ I Tr~ Igil~r~~1 ~l ~1131 81131 ~ '- ' ~ I E;II~II];:; l~ TIlE! n~ II EirE ijT==ti lmg ~ 30.0ft ~ lI) IN l - Minimum Pile Embedment to be 8' ~ C\J ."1"" MHW 0 MLW .-2.5 / ....., J Scale = I: I 5 { I~ 1\ ' ~ (Y) . I 4. Oft l t -- .-z;;-, - MHW = 0 ~ Scale = I: I 0 I .... ~.., .., o . ... ~__l""'. 18-;" '-,','. '~'o Typical Dock Section Plan View Jo c -~ - J II II II II , I I II II II I . . ._- , I II II II I .- I - F 1= =I ,,- =1 ~ 1 I I ) - -.. ~ -. I-' , I I "' __ , ~. 1 II II II ,'^-'. :::. .-.. '-.j .~.. I . d:: Ifrl5tn"'lor 4.G I I Oed:. Board 2xG 0 II I II I lI) I ; I II II II H~der 2xO . . Pile fj- dl.a ~ ::.. ..: Heoader 2xO , ; r:: e-1 ..tc =U: ~=- Cross Section ~ PIle 0" dla 4.0ft I- r-- 00 I ~ Deck. Board 2...G V ~~tr'ln'3e,. 4:rb /v./ He.dor 2><3 t TImber Bolt wi OG Wa5her .", 0' o N.T.S. North Carolina Wildlife Resources Commission Division of Engineering Services Ramp and Dock Cross Sections Shell rock landing C:\....\Shellrock Phase 3.dwg CADO F1LE 10 TIC 9 Sept 04 DESIGN BY 0" TE SHEET G 7 CHECKED BY D"TE OF BY REVISIONS o.<.TE DCM review changes 8 Feb 05 A A EXisting Ground Proposed Bottom B. B . EXisting Ground MLW = 0 -4 Proposed Bottom c c EXisting Ground Proposed Bottom D D EXisting Ground 4 Proposed Bottom 5cale = I: I 0 , .. -. 7, ;'" .., "10 l- .~. } d"" b~'" ,"- " ,-. ~ Note:: All final water depths are 4 feet below Mean Low Water. Cross sections are take.n from references on sheet 5. Crosshatch Indicates area to be removed dUring dredging. , .~ , ..., . 'J" ',' C ,;'.,', I D'-t'i(-\ "Ie.. '.~.." ...,' ,;:-.....'... ~.'J('lC:''':.I,,-..\~~\...,..'-...v \'i81..r",'...i~t.., .... """ North Carolina Wildlife Resources Commission Division of Engineering Services Dredging Cross Sections 5ee 5heet 5 Shell rock landing C:\....\5hellrock Fhase 3.dw!J4 CAllD FU..E 10 TIC I 7 Feb 05 DESIGN BY DATE SHEET 7 7 CHECKED BY DATE Of BY REVISiONS DATE DCM revIew changes 8 Feb 05 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WilMINGTON, NORTH CAROLINA 28402-1890 o S0 L{ 0 -z. OVl 51 ()CU IN REPLY REFER TO July 29, 2005 Regulatory Division Action ID No. 200500546 and State Permit No. 114-05 NC Wildlife Resources Commission m R 1720 Mail Service Center LS Rnleigh, North Carolina 27699 D @@llW&@ . AUG 1 - 1005 Dear Madam or SIr: . DENR _ V','1\7 -'J h'ET1..ANDS AND C') ..\1,', ~i:'flLi TY Reference your application for a Department of the Army p~tt[tdereHl)Vate the boat launching facility at Shell Rock Landing located at the terminus of SR 1503, connected by a channel to the Atlantic Intracoastal Waterway, near Hubert, in Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Enclosure I' Copies Furnished \7ith ut enclosure: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 2