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HomeMy WebLinkAbout20090887 Ver 1_CAMA Application_20090814A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 13 August 2009 SUBJECT: CAMA Application Review APPLICANT: Mr. Richard Donoflio AUG 14 2009 DW. WATER QUAUTY VVETtMAND 5V WATER 8R&WA PROJECT LOCATION: Off SR 1901 (Spring Creek Rd.) at 186 Creek Drive, in the Spring Creek Subdivision, adjacent to Gray Gut on Lower Spring Creek, a tributary of the Pamlico River, near the Town of Aurora, in Beaufort County. PROPOSED PROJECT: Applicant proposes to build a second pier with an L-Head and wetslip near the Town of Aurora, Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 3 September 2009. Please contact Mike Thomas at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Dee Freeman Secretary 09-0887 Respond to Doug Huggett Morehead City Office 01*1 (16-551 90 1J NorthCarolina Naturally DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Richard Donoflio 2. LOCATION OF PROJECT SITE: Off SRI 901 (Spring Creek Rd.) at 186 Creek Drive, in the Spring Creek Subdivision, adjacent to Gray Gut on Lower Spring Creek, a tributary of the Pamlico River, near the Town of Aurora, in Beaufort County. Photo Index - 2006: 93-8363 M-9 2000: 93-1061 M-9 State Plane Coordinates - X: 2,702,425 Y: 580,000 GPS Rover File #H041014A USGS Quad: South Creek (middle right) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 21 July 2009 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 10 August 2009 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort Land Classification From LUP - Agriculture, Forestry, Rural Housing (B) AEC(s) Involved: PTA (C) Water Dependent: Yes (D) Intended Use: private (E) Wastewater Treatment: Existing - septic tank Planned - no additional (F) Type of Structures: Existing - single-family home, docking facility with boathouse, riprap along shoreline. Planned - ±60' long by ±5' wide pier, ±16' wide by ±8' long L-head, 2 tie pilings for wetslip, ±20' long by t5' wide boardwalk. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nDUTl/- 17TI r - r rr? 1 1LLLiL V j r1r't( (A) Vegetated Coastal Wetlands ±100 ft2 (shaded) (B) Non-Vegetated Wetlands ±428 ft2 Creek Bottom (shaded) (C) Other Highground (D) Total Area Disturbed: ±0.01 acre ( ±528 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA/HQW/NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to build a second pier with an L-head and wetslip. Richard Donoflio Beaufort County Project Setting The project site is located off SR1901 (Spring Creek Road.) at 186 Creek Drive. in the Spring Creek Subdivision, adjacent to Gray Gut on Lower Spring Creek, a tributary of the Pamlico River, near the Town of Aurora, in Beaufort County, North Carolina. Mr. Donoflio is proposing to build a second pier and platform on his property to allow boating access to deeper water. The location of the existing docking facility is greatly affected by wind tide limiting its use. The applicant owns two adjoining lots of which the northern, downstream lot has been developed and the southern lot is currently undeveloped. The project site (northern lot) is bordered on both sides by relic mosquito ditches. The adjoining properties upstream are residential lots that have not been developed. The downstream adjoining property has a single-family home with undeveloped lots beyond. Vegetation on the project site includes a band of Coastal Wetlands running parallel to the shoreline for the length of the property. The Coastal Wetlands are dominated by Spartina patens and Distichilis spicata. The Coastal Wetlands on the site were historically mowed by the applicant but he is now allowing it to grow. Pines, mixed hardwoods, and ornamental shrubs make up the remainder of the vegetation at this location. Existing man-made features on the property include an elevated boardwalk from the house to an existing docking facility. The existing docking facility consists of a ±16' long by ±6' wide pier with a ±40' long by 6' wide L-head parallel to the shoreline. The L-head terminates at a ±4' wide by ±8' long floating platform. A ±20' long by ±10' wide boathouse is situated between the shoreline and the L-head. The entire ±358' of shoreline has been stabilized with low riprap along the marsh toe. Water depths at the project site range from ±6" adjacent to the riprap down to ±3.5' near the terminal end of the proposed pier. Gray Gut is ±250' wide at the project location. Submerged Aquatic Vegetation (SAV) was not observed in the vicinity of the proposed docking facility location however, SAV has been observed by DCM staff upstream near the applicant's existing docking facility. Gray Gut is classified along the project site as SA/HQW/NSW by the North Carolina Environmental Management Commission. The area is designated as Inland Waters and is closed for shellfishing. Project Description The applicant proposes to construct a ±60' long by ±5' wide pier with a ±16' wide by ±8' long L-head at the terminal end. The proposed square footage for the L-head is ±128 ft2 which will bring the total for the property to ±400 ft2, which is well below the allowed 1,432 ft' for the ±358' of shoreline. The docking facility will be accessed by a ±20' long by ±5' wide elevated boardwalk. The proposed boardwalk will be ±3' above the marsh substrate. Two pilings will be driven at the terminal end of the pier for a ±8.5' wide by ±16' long wetslip. The proposed location for the second docking facility is ±175' downstream from the applicant's existing docking facility and is in a portion of Gray Gut that is ±250' wide. At the proposed orientation, the ±68' total length of structure is within 25% of the width of the water body. Anticipated Impacts The project as proposed will result in the shading of -*428 ft2 of creek bottom and ±100 ft2 of Coastal Wetlands. The project as proposed will result in localized turbidity as a result of the construction activities. Mike Thomas DCM 13 August 2009 Donoflio Project 186 Creek Drive, Aurora, NC, Beaufort County Project Narrative The proposed project will consist of the construction of a dock measuring 5'x80' walkway and an 8'x16' platform. The wooden pilings will be driven into the earth using the vibratory method. Wooden headers, stringers and decking will complete the structure. A barge and excavator will be used in the installation of pilings. Mr. Donoflio wishes to construct an alternate dock in order to reach greater water depths more suitable for wet slip storage and maneuverability of watercraft. We are seeking approval for this project because the proposed structure will be a second dock on a residential parcel. z APPLICATION for Maier levelemment Permit (last revised 12/27/06) 87 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name CL, -n I Project Name (if applicable) Donoflio Project Applicant 1: First Name Richard MI M. Last Name Donoflio Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 186 Creek Dr. PO Box :Aurora ty State NC ZIP 27806 Country us Phone No. 252 - 940 - 8381 ext. FAX No. _ Street Address (if diffeerent from above) 4111 City State ZIP Email 2. Agent/Contractor Information Business Name B. Prescott Marine Construction, Lic Agent/ Contractor 1: First Name MI Last Name Brandi P. Robertson Agent/ Contractor 2: First Name MI Last Name Bobby Prescott Mailing Address PO Box City State PO Box 874 Oriental NC ZIP Phone No. 1 Phone No. 2 28571 252 - 249 - 014 9 ext. 252 - 617 - 9797 ext. FAX No. Contractor # 252 249 0384 NC 67655 Street Address (if different from above) City State 22512 Hwy 55 East Oriental NC ZIP 28571- Email brand i_133@yahoo.com <Fonn continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort 186 Creek Dr., Aurora I Subdivision Name City State Zip Spring Creek Aurora NC 27806- Phone No. Lot No. Is) (if many, attach additional page with list) 252 - 940 - 8381 ext. 27, , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pamlico Gray Gut 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 rb,,Y1 << Cif F, Ii V' er 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. n/a 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 358' 3.7 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 3.7 acres, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 6' ?NHW or ®NWL e. Vegetation on trail Bermuda Grass, 404 Type Wetlands species, mixed pines and hardwoods. f. Man-made features and uses now on tract Existing residential dock with boathouse, riprap shoreline stablization. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential neighborhood. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) cy/riy? 3 ?Yes ?No ®NA ' j. Is the proposed activity part of an urban waterfront redeve ment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?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? <Form continues on next page> Form DCM MP-9 (Page 3 of 4) APPLICATION 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) n. Describe existing wastewater treatment facilities. Septic System o. Describe existing drinking water supply source. Beaufort County Water System p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a . Will the project be for commercial, public, or private use? []Commercial ?Public/Govemment ®Private/Community b . Give a brief description of purpose, use, and daily operations of the project when complete. Dock will act as a viewing dock and docking facility for small watercraft. 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. Barge and excavator will be used to vibrate pilings into the earth. Wooden planks will be used for decking. d . List all development activities you propose. Dock Construction 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? 50 ®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. n/a 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. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION 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) - (1) are always applicable to any major development application. Please consuR the application instruction booklet on how to property 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 Richard & Edith Paoletti Phone No. Address 151 W. Edinburgh Dr., New Castle DE 19720 Name Brian Decesare Phone No. Address 7920 Germantown Ave., Philadelphia, PA 19118 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. w 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. Ceramcation 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 bes of my knowledge. (? /1 r Date c ) ( Print Name T A'a r (I 1 \ C: a , of 'n f Signature N Please indicate application attachments pertaining to your proposed project. ODCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development ®DCM MP-4 Structures Information Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ?This section not applicable a. (i) Is the docking facility/marina: ?Commercial ?Public/Govemment OPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 88' (iv) Width 5- (v) Floating ?Yes ONo e. (i) Are Platforms included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 16' (iv) Width 8' (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 1 (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 ?No (ii) If yes number of tie pilings? 2 b. (i) Will the facility be open to the general public? ?Yes ®No d. (i) Are Finger Piers included? ?Yes ONo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width 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: 1 ? 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). 20' open runabout I. (i) Will the facility be open to the general public? ?Yes ®No 2. DOCKING FACILITY/MARINA OPERATIONS [D This section not,applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of7 h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the manna policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing manna, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (S13), 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 ?No 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/Govemment []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 a. Is the structure(s): []Commercial ?Public/Govemment []Private/Community ® This section not applicable b. Number C- Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing d. Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Approximately 125' from northern property line & approximately 225' from southern property line. b. Proximity of structure(s) to adjacent docking facilities. New Dock will be approximately 175' north of the parcel's existing dock and will be approximately 375' north of neighboring property owner, Decesar's existing dock. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body approximately 250' d. Water depth at waterward end of structure at NLW or NWL 3_6' e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER ?This section not applicable a. Give complete description: (J Date Project Name &A0n ?' P Applicant Name Applicant Signature YYY!I ?? d a !t -a- g[ Address Bettie Dr Get Googie Maps on your phone r , Aurora, NC 27806 ors Text theword "GMRPS'to466453 164 191}2 1900 1901 1900 Srnnr 1912 Creek 1901 1901 Cam:. r. 1963 02009 Google - Map data 02009 Tele Atlas F . . http://maps. google.com/maps?f=q& source=s_q&hl=en&geocode=&q=bettie+dr.+aurora,+... 7/27/2009 c ti a Lv Clio ?. w o ° Ill. (?? °°° I ? e • a -6 y O? (Q Iz- 3oc? S ` CL C6 .1 Q .? dda ?o AV T 1, RA p shoret nz S?abt1 t???vv? ® _ Ti e ?i I i ? ? wa}e? Dep?h ? r?d?ca+ed w?+ini n c?ircl e- 1' J b b c 0 ? b 6 O ? O?II?i1PllA? 2?` ? R ovw to ? a f e i A walywa Nex wa4r DOWFUD R-COECT fie. 30-x'3 us#-,abo°I x11= by : gyardi R06n4sm ?O? ? ? ?V v v _ - v - ? S O Ccasfal WeM6t .S o e• zs e5r - c ? ? RICHARD M. DONOFLIO 186 Creek Drive - Spring Creek Aurora, NC 27806-9489 252-322-8381 July 27, 2009 Mr. Mike S. Thomas, Field Representative NC Dept. of Environment & Natural Resources Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Dear Mike: We hereby authorize PRESCOTT MARINE CONSTRUCTION to apply for a permit to install a pier on Lot 27 in Spring Creek. Attached is a copy of the deed to said lot. RICHARD M. DONOF1110 MERLE B. DONOFL O mbd Enclosure