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HomeMy WebLinkAbout20090936 Ver 1_CAMA Application_20090828A LT XPFA 4;oa NCDENR North Carolina 'epa :-ent of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director 09-0936 August 26, 2009 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Cyndi Karoly Division of Water Quality Doug Huggett Major Permits Processing Coordinator Dee Freeman Secretary a 9@MV91 AUG E 8 2009 DENR. WATER QUALITY WETLANDS AND ii6l I P`TER B CAMA/DREDGE & FILL Permit Application Review Alvin Raynor The project site is located at 1409 Oglesby Road, Morehead City, Carteret County. The applicant is proposing one boat slip with a boatlift to an existing pier and platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/16/2009. If you have any questions regarding the proposed project, please contact Heather Styron at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 400 N RV DATE One Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer c AdU1111flb"' Mhit ajor Permit Fee Schedule Circle One DCM % DWQ % Development Type 1 Fee (14300160143510009316256253) (2430016024351000952341) 1. Private, non-commercial development that does not involve ' ? the filling or excavation of any wetlands or open water area ii $250 100%($250) 0%($0) 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 Cerlification 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) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60%($240) 40%0 ($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) Check # pd- t Amount 195G. " (Do Project Name d6 V L r?1?J DIVISION OF COASTAL MANAGEVIENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Alvin Raynor 2. LOCATION OF PROJECT SITE: 1409 Oglesby Rd adjacent to the northeast side of Calico Creek in Morehead City, Carteret County Photo Index - 2000: 41-525 grid H (7), I (7) 2006: 41-8037 grid Q (18), R (18) State Plane Coordinates - X: 2682770.247 Y: 363898.870 Rover # J072110C LAT 34°43'42.21417 LON 76°43'38.6972700 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/4/08, 7/21/09 Was Applicant Present -no, no 5. PROCESSING PROCEDURE: Application Received - 8/24/09 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Morehead City Land Classification From LUP - Low Density Residential/Conservation (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - none Planned - none (F) Type of Structures: Existing - pier and platform Planned - one slip with boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A T N/A 169 ft2 incorp. (D) Total Area Disturbed: 169 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SC, HQW Open: No 8. PROJECT SUMMARY: The applicant is proposing one slip with a boatlift to an existing pier and platform. Alvin Raynor 1409 Oglesby Rd. Page 02 9. Narrative Description: The Alvin Raynor project is located at 1409 Oglesby Rd. in Morehead City, Carteret County. The site is found by turning north off of Hwy. 70 East onto N. 20`" Street. Follow N. 20?' street for a half a mile and Oglesby Rd. will be directly on the right. The site lies on the northern side of Calico Creek in this area. The subject property is 41,730 square feet in its entirety and averages 2.1' in elevation above NHW. Currently the high ground portion of the site is undeveloped and vegetated with grass, scrub bushes and oaks. Along the shoreline of Calico Creek is a 50' area of Coastal Marsh that contains Salt Meadow Grass (Spartina patens), Smooth Cordgrass (Spartina alterniflora), Glasswort (Salicornia ssp) and Spike Grass (Distichlis spicata). There are significant oyster beds throughout this area of Calico Creek. Currently the existing platform is located outside of the existing oyster beds with the proposed boatlift also located outside of the existing oyster bed area. The water depths are at an average of 0 inches to -6 inches at NLW in this area with an average daily tidal range of 2.5'. The shoreline has a total length along the NHW contour of 115ft. There is a cleared vacant lot to the east with a private dock and a wooded vacant lot to the west. The Division of Water Quality classifies this area as SC and HQW waters. This area is a Primary Nursery Area and is not open to the taking of shellfish. The proposed lift would be located 300' west of where the primary nursery area begins. Calico Creek is approximately 1,002' wide at the project site. Morehead City's Land Use Plan dated 2007 classifies this area as Low Density Residential/Conservation within the AEC's. Substrate composition is mostly silt. 10. Project Description: The applicant proposes to construct one slip with a boatlift. The new slip/lift area would be located east of the existing platform. The proposed lift would measure 13.2' x 12.5' for a 24' open runabout and consist of straps rather than a cradle. The applicants are also proposing a limit switch or "stops" which they feel would prevent the use of the lift at NLW and help protect the creek bed from damage. Water depths around the new slip/lift area range from - 0"to -6" NLW. Calico Creek is 1,002' wide in this area with the existing pier and platform extending a length of 135' from the edge of the marsh and a total length of 186' from NHW. The new boatlift would be installed as such not to extend farther than the existing platform area. Riparian lines are drawn 90° from the channel and appear to coincide with aerial photography and the plat dated received 8/24/09 showing the channel configuration. The proposed lift would terminate 370' from the edge of calico creek channel. All of the Alvin Raynor 1409 Oglesby Rd Page 03 proposed work would meet the 15' minimum setback from the riparian corridors. 11. Anticipated Impacts: The proposed installation of the new boatlift would result in temporary turbidity. The effects from the shallow water depths at NLW with egress and ingress have the potential to cause excavation through prop wash kicking. The project would incorporate 169ft2 of open water. There should be no hazard to navigation resulting from this project, as the proposed work is located 370' landward of the existing channel edge. No coastal marsh or oyster rock would be filled or excavated during this project. Heather Styron Morehead City August 25, 2009 IN?? n9-p 9 3 6 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name N/A Project Name (if applicable) n/a Applicant 1: First Name Alvin MI L. Last Name Raynor Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 1535 City Morganton State NC ZIP 28680 Country USA Phone No. 828 - 413 - 5822 ext. FAX No. n/a - - Street Address (if different from above) City State ZIP Email al@directus.net 2. Agent/Contractor Information Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B. Vinson Agent/ Contractor 2: First Name MI Last Name n/a n/a n/a Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 929 7 ext. 252 - 354 - 4916 ext. FAX No. Contractor # 252 247 5875 n/a Street Address (if different from above) City State ZIP n/a N/A n/a n/a - Email kbvinson@ec.rr.com <Form continues on back> 252-808-2808 -. 1-666-4RCOAST ,a wwwr.necoasta3rranacgement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location Street Address County (can be multiple) The project site consists of Lot #1>r,Crab Point.Bay Subdivision State Rd. # Carteret 1409 Oglesby Road, Morehead City, NC. Recorded in Map n/a Book 29, Page 584, Carteret County Registry. Subdivision Name City State Zip Crab Point Bay Morehead City NC 28557 - Phone No. Lot No. (s) (if many, attach additional page with list) n/a - - ext. 1, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Calico 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 Newport River 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. Morehead City 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 115 41,730 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 41,730, , NWL (normal water level) (If many lot sizes, please attach additional page with a list) +2.1' ®NHW or ?NWL e. Vegetation on tract Grass vegetation f. Man-made features and uses now on tract Pier. g. Identify and describe the existing land uses adiacent to the proposed project site. Vacant parcel located to west, vacant residential lot to the east. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? PD (Planned Development) (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 ®No ?NA If yes, by whom? n/a 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> 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) 252-808-2808 ., 1-888-4RCOAST :. www.nccoastaim atiagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. None. o. Describe existing drinking water supply source. None. p. Describe existing storm water management or treatment systems. sheet flow runoff into Calico Creek 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. The boat lift, in conjunciton with the existing pier, will allow for water access for the single-family residential property. 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 with pile driving equipment to be stored off-site in deep water. d. List all development activities you propose. Installation of one boatlift. e. Are the proposed activities maintenance of an existing project, new work, or both? new 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. sheet flow runoff into Calico Creek. 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> 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) - (t) 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. 252-805-2$08 .w 1-88 -4RCOAST . anaww.nccuastaImanagernent.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 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 William and Katherine Teague Phone No. 919-876-9610 Address 320 Buncombe Street, Raleigh, NC 27609 Name Clarence P. Oglesby, Jr. Phone No. Address 1512 Oglesby Road, Morehead City, NC 28557 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 #48938 issued to Dan Shields on 5/29/2007 CAMA #49841 issued to Al Raynor on 8/11/2007 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 -August 21, 2009 Print Name -Kathy B. Vinson Signature vL?? Please indicate application attachments pertaining to your proposed project. ?DCM 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 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 252-808-2808 .. 1.688-4RCOAST -. www.nccoastairnanagement.net 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: b. (i) Will the facility be open to the general public? []Commercial ?Public/Government OPrivate/Community ?Yes ENO c. (i) Dock(s) and/or pier(s) (ii) Number 0 (iii) Length n/a (iv) Width n/a (v) Floating ?Yes ONO e. (i) Are Platforms included? ?Yes ONO If yes: (ii) Number n/a (iii) Length n/a (iv) Width n/a (v) Floating ?Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 1 (ii) Number of slips existing 0 d. (i) Are Finger Piers included? ?Yes ONO If yes: (ii) Number n/a (iii) Length n/a (iv) Width n/a (v) Floating ?Yes ONO f. (i) Are Boatlifts included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 12.5' (iv) Width 132 h. Check all the types of services to be provided- E] 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: 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: 21' - 24' m. (i) Will the facility have tie pilings? ?Yes ONO (ii) If yes number of tie pilings? n/a j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout 1. (i) Will the facility be open to the general public? ?Yes ONO 2. DOCKING FACILITY/MARINA OPERATIONS ?This section not applicable W"- a t 4- t1's t ff 0f 0 s,' n I -tz) e&h s fr uci- o,, m a r ,' /1q, a. Check each of the following sanitary facilities that will be included in the proposed project. t ? Office Toilets 0? ? Toilets for patrons; Number: ; Location: V?? Showers y? ? Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. none c. Describe the disposal of solid waste, fish offal and trash. trash receptacle located on high ground d. How will overboard discharge of sewage from boats be controlled? not allowed e. (i) Give the location and number of "No Sewage Discharge" signs proposed. none (ii) Give the location and number of "Pumpout Available" signs proposed. none f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? none h. Give the number of channel markers and "No Wake" signs proposed. none i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. none j. What will be the marina policy on overnight and live-aboard dockage? none k. Describe design measures that promote boat basin flushing? none 1. If this project is an expansion of an existing marina, what types of services are currently provided? not an existing marina 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 (SB), 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. According to the NC Division of Marine Fisheries, there are no shellfish leases within close proximity of the project site. 3. BOATHOUSE (including covered lifts) ®This section not applicable I a. (i) Is the boathouse structure(s): []Commercial ?Public/Government [I Private/Comm unity (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): b. Number []Commercial ?Public/Government []Private/Community C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 63' to west, 23' to east Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1000' per Google Earth 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. n/a b. Proximity of structure(s) to adjacent docking facilities. Approximately 600' to west, 39' to east d. Water depth at waterward end of structure at NLW or NWL 6" NLW 8. OTHER ®This section not applicable a. Give complete description: April 3, 2009 Date Project Name Leighton Alvin Raynor Ap plic (??,V ant Name } p plicant Signatu ? R PROJECT DESCRIPTION Leighton Alvin Raynor Crab Point Bay Lot #I Morehead City, NC Carteret County Dr. Raynor proposes to create one boat slip by installing a boatlift at an existing pier located at the project site. A general CAMA permit previously authorized construction of the pier. The project site is located adjacent Calico Creek in an area of large tidal fluctuations. Normal high water depths in the area of the proposed lift measure four feet. Normal low water depths measure six inches. The proposed boatlift measures 12.5' x 13.2' and will consist of a strap (rather than a cradle) to reduce impacts from the lift. A limit switch or "stops" are also proposed to prevent use of the lift at low tide and subsequent damage to the creek bed. No floating components are proposed for the pier or lift. The proposed boatlift has been located to avoid shellfish beds and coastal vegetation at the site. Additionally, the boatlift will be accessed from the center of Calico Creek without traveling over shellfish or vegetated areas. A bottom map of this area of Calico Creek provided by the NC Division of Marine Fisheries (DMF) shows no vegetation or shellfish in the area of the proposed boatlift or in the center of the creek. A color copy of the DMF map and a shellfish density table are enclosed. A survey performed for the planning and permitting process identified the location of shellfish beds at the site. The locations of the surveyed shellfish beds are consistent with the locations shown on the DMF bottom map. As shown on project plans, existing shell bottom is located landward of the location of the proposed boatlift and resulting boat traffic. Coastal wetlands are located on the waterfront portion of the property. The waterward extent of the wetlands is also behind and away from boat traffic that would result from the proposed boatlift. The absence of shellfish and vegetation in the area of the proposed boat lift and access path, in conjunction with the proposed boatlift strap and "stops" and the normal high water depths at the site should limit impacts to resources to the degree that would be found with deeper low water depths. 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Raynor Oglesby Road (Lot#1) Civil and Environmental Consulting Engineers Morehead City, NC 28! @ co m q .9 (D eo 0 ? OZO v -, Q o z c y = z 4 Drawing For: REVISIONS 6/24/08 Per DCM Carteret County 2/20/09 Per DCM & CPS 7/27/09 Per DCM David K. Newsom, P.E. John R. Freshwater III, P.E. 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