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HomeMy WebLinkAbout19930025 Ver 1_COMPLETE FILE_19930510State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street * Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor February 18, 1993 Jonathan B. Howes, Secretary Frank Adkins County Engineer Carteret County464 Courthouse Square Beaufort, N.C. 28516 Dear Mr. Adkins: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed construction of boat docks and bulkhead. Project #93025, COE # 199300941 Carteret County Attached hereto is a copy of Certification No. 2806 issued to Carteret County dated February 12, 1993. If we can be of further assistance, do not hesitate to contact us. Sincerely, Attachments reston Howard Jr. Acting Director P. E. cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John D"orne Mr. John Parker, Division of Coastal Management Central Files P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax # 919-733-0513 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA Carteret County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Carteret County pursuant to an application filed on the 11th day of January,1993 to construct new dockes and boat slips and 192 feet of new bulkhead. The Application provides adequate assurance that the discharge of fill material into the waters of Brooks Creek in conjunction with the proposed development in Carteret County will not result in a violation of of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the .turbidity in the stream is 25 NTU's or less are not considered significant). 2. Fill shall be from a clean upland source. 3. Silt fences and other erosion control devices shall be in place before filling. 4. Fill shall be stabilized as soon as possible after its placement. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 12th day of February, 1993. DIVISION OF ENVIRONMENTAL MANAGEMENT WQC# 2806 Pn reston Howar , Jr. P.E. g Director ?v a 5? t a SfATF a RECEIVED JAN 11 1993 Wilmington Regional office State of North Carolina DEM Department of Environment, Health, and Natural Resources Division of Coastal Management 3411 Arendell Street • Morehead City, North Carolina 28557 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary January 7, 1993 Director MEMORANDUM:' TO: Mr. A. Preston Howard, P.E., Acting Director lyy? Division of Environmental Management JAN .11 FROM: John R. Parker, Chief DIVISION OF Major Permits Processing Section COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: County of Carteret (Harkers Island Harbor of Refuge) Project Location: off SR1335, Brooks Creek, at the Harkers Island Harbor of Refuge, Carteret County Proposed Project: to construct new docks, slips, and approximately 192' of bulkhead at the County Harbor of Refuge on Harkers Island Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 28, 1992. If you have any questions regarding the proposed project, please contact David Noble at 919/726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. his 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. k DATE ? - I2 ?? I SIGNED North Carolina 28557 Telephone 919-726-7021 P.O. Box 769, Morehead Ci , Nort 1 1 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 10, 1993 Regulatory Branch Action ID. 199300941 and State Permit No. 26-93 Carteret County Courthouse Square Beaufort, North Carolina 28516 Gentlemen: IWO I MAR i 71993 s. WETLANDS GROUP _ _ _ Reference your application for a Department of the Army permit to construct docks with twenty-seven slips and construct and backfill a bulkhead on a manmade basin off Brooks Creek and The Straits, Harkers Island, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. 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 Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 VMr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 .i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO February 17, 1993 Regulatory Branch Action ID. 199300941 a 'U' L5 I! V LS R i iI e 2 3 19913 M7 JR011P 7? 1 ? i Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of County for a Department of the Army permit to construct docks with twenty-seven slips and construct and backfill a bulkhead on a manmade basin off Brooks Creek and The Straits, Harkers Island, "County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the permit plans. b. The bulkhead will be positioned in strict accordance with permit plans. To prevent an unintentional violation of this authorization, representatives of the North Carolina Division of Coastal Managment and the U.S. Army Corps of Engineers will be available to stake the alignment prior to construction. c. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. d. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. No attempt will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 11.4 - -2- f. The permittee will 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. g. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less are not considered significant. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. MUSE FILE: SMCCX2 Sincerely, CESAW-CO-EL/MCLENDON/lk CESAW-CO-E/WINEFORDNER CESAW-CO-E/WRIGHT MAIL CESAW-CO-E/FILES G. Wayne Wright Chief, Regulatory Branch Copies Furnished: WMr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGS WQ SUPERVISOR: ADKINS DATE: February 9, 1993 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: 93025 COUNTY: Carteret PROJECT NAME: County of Carteret (Harkens Island Harbor of Refuge) PROJECT TYPE: Bulkhead PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: 1/11/9 REG OFFICE: S030504 WiRO CENT WATER RIVER BODY: Brooks Creek **STREAM OR ADJACENT WATER BODY: Brooks Creek CLASS: SA STREAM INDEX #: 21-35-1-13 *OPEN OR CLOSED: Closed FEB I i 1993 WL IMPACT: Yes WL TYPE: SM WL REQUESTED: .001 WL ACR EST: Yes WETLANDS GROUP HYDRO CNECT? : Yes WL SCORE : N/A WATER QUALITY SECTI MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: Issue STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicants propose to construct new docks and boat slips and approximately 192' of new bulkhead an average of 20' waterward of MHW. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: None existing or proposed TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 2,880 sq. ft. WETLAND: 50 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) N ?Lj 93205.Feb Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: A site visit was made on June 2, 1992. The proposed bulkhead is to be constructed an average of 20' waterward of MHW with approximately 400 cu. yds. of backfill material being placed below MHW. That portion of the basin to be bulkheaded appears to have been excavated out of highground, however according to DCM the basin was existing prior to 1975. Due to the facts that no public trust bottom is to be filled and no significant resources exist in the area of the basin to be filled, this Office has no objection to the project as proposed. The 401 Certification should contain the following conditions for the construction of the bulkhead. 1. That fill material be from a clean upland source, free from toxic pollutants. 2. That silt fences and other erosion controls be in place prior to filling. 3. That the filled area be stabilized with vegetation as soon as possible to prevent erosion. 4. That the project not cause the turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-David Noble John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1 1. APPLICANT'S NAME: County of Carteret (Harkers Island Harbor of Refuge) 2. LOCATION OF PROJECT SITE: SR1335, Brooks Creek, Harkers Island, Carteret County Photo Index - 1989:155-1 (6 - R,S) 1984: 38-1215 (18 - S,T) State Plane Coordinates - X: 2726600 Y: 358200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/2/92 12/92 Was Applicant Present - YES NO 5. PROCESSING PROCEDURE: Application Received - December 22, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: ES, PT, CW, ES (C) Water Dependent: YES (D) Intended Use: Public (E) Wastewater Treatment: Existing - NONE Planned -NONE (F) Type of Structures: Existing - docks & slips Planned - new slips, docks & bulkhead (G) Estimated Annual Rate of Erosion: -0- Source - personal estimate 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Spartina alterniflora 50 sq. ft. (B) Non-Vegetated Wetlands 2,880 sq. ft. 170730 sq. ft. Shallow Basin Bottom Public Trust Waters - Docks (C) Other NONE (D) Total Area Disturbed: Approximately 20,000 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct new docks and slips and approximately 192' of bulkhead at the County Harbor of Refuge on Harkers Island. FIELD INVESTIGATION REPORT: COUNTY OF CARTERET (HARKERS ISLAND HARBOR OF REFUGE) PAGE #2 NOTE: A pre-application site meeting was held on June 2, 1992 with several permit review agencies in attendance. 9. NARRATIVE DESCRIPTION: The applicant is the County of Carteret, and the project site is located off Harkers Island Road, (SR1335), near the northwestern corner of Harkers Island. The. 2.26 .acre site is on.the right hand side of the road almost immediately after crossing the Straits bridge leading onto Harkers Island. A chain link fence encloses the property. The project site is a man-made boat basin located at the upper end of Brooks Creek. The man-made boat basin has been used for many years as a harbor of refuge by commercial fishermen and there are approximately 20-30 boats occupying the basin presently. There are also several boats moored beyond the area owned by the County. The basin was dug prior to.CAMA permit requirements. There are old slips and docks lining the perimeter of the basin. The County proposes to remove the existing docks and construct new docks and slips. The proposed new piers are a 240' x 6' dock with seven (7) 40' slips on the southern side of the basin, a 175' x 6' dock with eight (8) 30' slips on. the western side, and a 240' x 6' dock with twelve (12) 35'. slips on the eastern side. A total of 27 slips is proposed. Water depths in the basin range from - 15' to -7.1' MLW. The County also proposes to construct 192' of bulkhead an average of 20' beyond MHW along the northern side of the basin. The new fill area behind the bulkhead will allow for better maneuverability for loading and unloading around the packing elevators. A small pocket (approximately 50 sq. ft.) of artin alterniflora is in the proposed fill area for the bulkhead. 10. ANTICIPATED IMPACTS: The waters of the basin are classified as 'SA' by the Division of Environmental Management and are closed to shellfishing by Division of Environmental Health and Division of Marine Fisheries. The proposed bulkhead will require the filling of approximately 50 sq. ft. of a ina altemiflora and approximately 2,880 sq. ft. of previously dredged basin bottom. The proposed docks will occupy approximately 17,730 sq. ft. of public trust waters. PREPARED BY: W. DAVID NOBLE January 7, 1993 e ln?t Please type or print. Carefully describe all anticipated 1"I re. (1 2 lilt t development activities, including construction, excava- lilt tion, filling, paving, land clearing, and stormwater con- n If you plan to build a mffia?? a a mol. If the requested information is not relevant to your ••?••"'? project, write N/A (not applicable). Items 1-4 and 8-9 attach Form DCM-MP-....•• must be completed for all projects. b?, the proposed activity maintenance of an existing project, new work, or both? Both 1 APPLICANT 0-n ' c. Will the project be for community, private, or a. Name Carteret County commercial use? _Gonmunii y lisp Address Courthouse Square City Beaufort State NC Zip 28516 Day phone 919/728-8497 Landowner or Authorized agent b. Project name (if any) Piers & Bulkhead Harkers Island c. If the applicant is not the landowner, also give the owner's name and address. d. Describe the planned use of the project. provide berthing for boats, both commercial and private 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.26 acre b. C. 2 LOCATION OF PROPOSED PROJECT a: Street address or secondary road number Harbor of Refuge SR #1335 Size of individual lot(s) N/A Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 to 4 feet above mean sea lpvpl d. Soil type(s) and texture(s) of tract town coil, clay sand and gilt e. Vegetation ontract T imitpd brush & =inp trees b. City, town, community, or landmark Aarkprs Tsl and f. Man-made features now on tract pi prs F. dorka c. County Carteret d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project The Straits at North River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Replace existing fliers and add bulkhead g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Developed Rural X Transitional Community Other h. How is the tract zoned by local government? Unzoned i. How are adjacent waters classif5A ( lez? ? sIAA4i Fnt» ring shnrplinp j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 3/91 ft? 5 i UPLAND DEVELOPMENT N/A r'r CQmplte this section if tlie-p4ct includes any land development. a. Type and number of buildings, facilities, or structuresproposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed C. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). 1 ? I m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL N/A INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 2 3/91 1, f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh+or other, wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? T. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 192 feet b. Average distance waterward of mean high water or normal water level 20 feet + or - MHW c. Shoreline erosion during preceding 12 months, in feet Unknown d. Type of bulkhead material precast concrete e. Amount of fill, in cubic yards, to be placed below meanhighwater /Ann ICY ± f. Type of fill material clay/sand fill vi > s 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. 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 ti tle, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1%2 x 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A storm-water management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 3 Name Address Name Address y=; Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. Thi day of ?P ,19-V, Landowner or Authorized agent 4 3/91 Form DCM-MP-2 MARIN A DEVELOPMENT Attach this form to Joint. Application for CAMA Major Permit. Be sure to complete all other sections of the Joint Application which relate to this proposed project, including upland arras, even if duplicative. All shore- based facilities must be included in application and work plats. 1 MARINA CHARACTERISTICS a. ,Check below the .type of marina proposed. 16mmercial ? Public Residential b. Will the marina be open to the general public? c. If there is residential development associated with the marina, how many units or lots are planned? d. Check all of the types of service to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies ?Dockage ("wet slips") only Number of slips a-7 Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required A_ Other (describe) irk-NA& 65?r4 3/91 f. Describe the typical boats to be served (for example, open runs ut, charter r bops ail boa , mixed types). .` a , i g. Typical boat length oZ h. Maximum boat length i. Are any floating buildings planned? NO If so, describe. 2 MARINA OPERATIONS _ . a. Check each of the following sanitary facilities which will be included in the proposed project. Office toilets Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and location for all sanitary wastewater. c. Describe solid waste, fish offal, and trash disposal. 5 d. How will overboard discharge of sewage from boats be-controlled? 11 Sr`4rv?, DoS1?d L Give the location of fuel handling facilities and describe the safety measures planned to protect area waterquality. N 7,4 - j. e. {live the location and number of "No Sewage Discharge" si,gns proposed. o•? st V e64, .f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, -' sandblastingwaste, and petroleum products. g. Where will residue be disposed ofl h. Give the number of channel markers and "No Wake" _ .signs proposed. no^P Note: Regulatory signs such as these require additional approval by the N.C. Wildlife Resources Commission. Describe design measures that promote boat basin flushing orcirculati o and reduce water quality impacts. %%1S i? nm : ?Ar ,c 11 ?vn k. What will be the marina policy on ovemight,and live-board dockage? Lo f r vP -?a?r?( r hT fors %ftAM -. Aokay -- 1. Is the proposed marina located near any shellfish leases? .If so, give the name and address of theleaseholder. m. If this project is anexpansion of an existing marina, what types of servJges re currently prov; 're n. How many slips are now available? a A ' 3a OAY* are- M Adrba r 6 3/'91 DIVISION OF COASTAL MANAGEMENT f FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: County of Carteret (Harkers Island Harbor of Refuge) 2. LOCATION OF PROJECT SITE: SR1335, Brooks Creek, Harkers Island, Carteret County Photo Index - 1989: 155-1 (6 - R,S) 1984: 38-1215 (18 - S,T) State Plane Coordinates - X: 2726600 Y: 358200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/2/92 12/92 Was Applicant Present - YES NO 5. PROCESSING PROCEDURE: Application Received - December 22, 1992 Office - Morehead City 6. SITE DESCRIPTION: . (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: ES, PT, CW, ES (C) Water Dependent: YES (D) Intended Use: Public (E) Wastewater Treatment: Existing - NONE Planned - NONE (F) Type of Structures: Existing - docks & slips Planned - new slips, docks & bulkhead (G) Estimated Annual Rate of Erosion: -0- Source - personal estimate 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Spartina alterniflora 50 sq. ft. (B) Non-Vegetated Wetlands 2,880 sq. ft. 179730 sq. ft. Shallow Basin Bottom Public Trust Waters - Docks (C) Other NONE (D) Total Area Disturbed: Approximately 20,000 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct new docks and slips and approximately 192' of bulkhead at the County Harbor of Refuge on Harkers Island. FIELD INVESTIGATION REPORT: COUNTY OF CARTERET MARKERS ISLAND HARBOR OF REFUGE) PAGE #2 N A pre-application site meeting was held on June 2, 1992 with several permit review agencies in attendance. 9. NARRATIVE DESCRIPTION: The applicant is the County of Carteret, and the project site is located off Harkers Island Road, (SR1335), near the northwestern corner of Harkers Island. The 2.26 acre site is on the right hand side of the road almost immediately after crossing the Straits bridge leading onto Harkers Island. A chain link fence encloses the property. The project site is a man-made boat basin located at the upper end of Brooks Creek. The man-made boat basin has been used for many years as a harbor of refuge by commercial fishermen and there are approximately 20-30 boats occupying the basin presently. There are also several boats moored beyond the area owned by the County. The basin was dug prior to CAMA permit requirements. There are old slips and docks lining the perimeter of the basin. The County proposes to remove the existing docks and construct new docks and slips. The proposed new piers are a 240' x 6' dock with seven (7) 40' slips on the southern side of the basin, a 175' x 6' dock with eight (8) 30' slips on the western side, and a 240' x 6' dock with twelve (12) 35'. slips on the eastern side. A total of 27 . slips is proposed. Water depths in the basin range from - 3.5' to -7.1' MLW. The County also proposes to construct 192' of bulkhead an average of 20' beyond MHW along the northern side of the basin. The new fill area behind the bulkhead will allow for better maneuverability for loading and unloading around the packing elevators. A small pocket (approximately 50 sq. ft.) of S ina t rnifl is in the proposed fill area for the bulkhead. 10. ANTICIPATED IMPACTS: The waters of the basin are classified as 'SA' by the Division of Environmental Management and are closed to shellfishing by Division of Environmental Health and Division of Marine Fisheries. The proposed bulkhead will require the filling of approximately 50 sq. ft. of Spartina glterniflora and approximately 2,880 sq. ft. of previously dredged basin bottom. The proposed docks will occupy approximately 17,730 sq. ft. of public trust waters. PREPARED BY: W. DAVID NOBLE January 7, 1993 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Carteret County Address Courthouse Square !"? r` r...?+n r r, If you plan to build a m .l a?te Zd - attach Form DCM-MP-a.......»-•--?•"""' b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for community, private, or commercial use? _commi n X use City Beaufort State NC d. Describe the planned use of the project. provide berthing for boats, both commercial Zip 28516 Day phone, 919/728-8497 and private Landowner or Authorized agent b. Project name (if any) Piers & Bulkhead Harkers Island c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.26 acre b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 to_4 feet above mean sea level d. Soil type(s) and texture(s) of tract top soil. clay sand and silt a: Street address or secondary road number Harbor of Refuge SR #1335 e. Vegetation on tract Limitpd brush & pine trees b. City, town, community, or landmark Harkprg Tcl and f. Man-made features now on tract pier; F. dorkc c. County Carteret g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? Yes e. Name of body of water nearest project The Straits at North River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Replace existing piers and add bulkhead Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? Unzoned How are adjacent waters classif? d??` t Estuarine shnrplinp j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? 3/91 1 5 'UPLAND DEVELOPMENT N/A Cp ke this sectionifthe: project includes any land development. `°- a. Type and number of buildings, facilities, or stucturesproposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? L Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. in. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL N/A INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MI..W) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW j. Have these facilities received state or local approval? Upland fill areas Length Width Depth b. Amount of material to be excavated from below k. Describe existing treatment facilities. water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, 1. Describe location and type of discharges to waters o swamps, or other wetlands? the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash a High ground excavation, in cubic yards down"). 1) 3/91 Y ? i v f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh'or other wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 192 fPPt b. Average distance waterward of mean high water or normal water level 20 feet + or - MHW c. Shoreline erosion during preceding 12 months, in feet Unknown d. Type of bulkhead material precast concrete e. Amount of fill, in cubic yards, to be placed below meanhigh water 4nn CYt f. Type of fill material clay/sand fill v? 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. 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 work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger. drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 3 Name Address Name Address !'r Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. I I3A-1 to 10). 4 9 CERTIFICATION AND PERMISSION, t TO ENTER ON LAND 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 ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. Thi _ day of p?beu-,19.V, t Landowner or Authorized agent 3/91 IV Form DCM-MP-2 MARINA. w DEVELOPMENT Attach this form to Joint, Application for CAMA Major Permit. Be sure to complete all other sections of the Joint Application. which relate to this proposed project, including upland areas, even if duplicative. All shore- based facilities must be included in application and work plats. 1 MARINA CHARACTERISTICS a. If-heck below. the Vpe ofmarina propdsed. bommercial ? Public Residential b. Will the marina be open to the general public? c. If there is residential development associated with the marina, how many units or lots are planned? d. Check all of the types of service to be provided. Bull service, including travel lift and/or rail Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips D-7 Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required _ Other (describe) Cr&iiAk baS;N 3/91 f. Describe the typical boats to be served (for example, open runs ut, charter bo ts, ail boa t$, mixed types). r a a Mac i g. Typical boat length oZ S h. Maximum boat length ?$ i. Are any floating buildings. planned? 11J6 If so, describe. 2 MARINA OPERATIONS a. Check each of the following sanitary facilities which will be included in the proposed project. Office toilets Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and location for all sanitary wastewater. c. Describe solid waste, fish offal, and trash disposal. 5 :r it d. How will overboard discharge of sewage from boats be-controlled? Si4ry?i DflSKt! e. Give the location and number of "No Sewage Discharge" signs proposed Q? GT ?n?dn? ? e? e(QLC f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, 'sandblastingwaste, and petroleumTroducts. g. Where will residue be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. no^P L Give the location of fuel handling facilities and describe the safety measures planned to protect area waterquality. j. Describe design measumg that promote boat basin flushing orcirculation and reduce water quality impacts. ; L &j n,P i ?/)P ??!) k. What will be the marina policy on ovemight-and live-board dockage? AO A? f -?a+ ?t rM1. R T M IM -?._ ?ti 1. Is the proposed marina located near any shellfish leases? -N -b If so, give the name and address of theleaseholder. m. If this project is an expansion of an existing marina, what types o services pa currently )rovided? Note: Regulatory signs such as these require additional n. approval by the N.C. Wildlife Resources Commission. How many slips are now available? • a e ' 3D boa?f arm A Adrbo r l 6 3/91 ,to DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 15, 1993 Regulatory Branch Action ID. 199300941 Carteret County Courthouse Square Beaufort, North Carolina 28516 Gentlemen: L5 _ ? ?LIf ' ' , JAN 2 21993 On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received January 11, 1993, for Department of the Army authorization to construct docks with 27 slips and construct and backfill a bulkhead on a manmade basin off Brooks Creek and The Straits, Harkers Island, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199300941 and will be coordinated by Mr. Scott McLendon in our Wilmington Field Office. He is available at telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Natural Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 15, 1993 Regulatory Branch Action ID. 199300941 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: S: March 15, 1993 Enclosed is the application of Carteret County for Department of the Army authorization and a State Water Quality Certification to construct docks with 27 slips and construct and backfill a bulkhead on a manmade basin off Brooks Creek and The Straits, Harkers Island, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by March 12, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, T . a ne Wri )t T, , Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 pro ., RE E9 E 1?9J?N Q 1 99 Please type or print. Carefully describe all anticipated development activities, including construction, excava- REGULA tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. b, 1 APPLICANT a. Name Carteret County Address Courthouse Square City Beaufort State NC Zip 28516 Dayphone 919/728-8497 Landowner or Authorized agent b. Project name (if any) Piers & Bulkhead Harkers Island c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT a.' Street address or secondary road number Harbor of Refuge SR #1335 b. City, town, community, or landmark Harkcrc Tc1ana ??? .. swAA .tl If you plan to build a attach Form DCM-M Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for community, private, or commercial use? _Communityr use d. Describe the planned use of the project. provide berthing for boats, both commercial and private 4 LAND AND WATER CHARACTERISTICS a. Size of entiretract 2.26 acre b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 to . 4 feet ahov _ mean caa 1 pvpl d. Soil type(s) and texture(s) of tract top coil, claw sand and silt e. Vegetation on tract Mmitad hriish & Vint- trpps f. Man-made features now on tract piers s, Bork s c. County Carteret g. What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? Yes Conservation X Transitional e. Name of body of water nearest project Developed Community The Straits at North River Rural Other 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Replace existing piers and add bulkhead h. How is the tract zoned by local government? Unzoned i. How are adjacent waters classified/? / ,, Fst,iarinp chnrelinp A S- tkzd -lo ts?64AIlk j. Hasa professional archaeological survey been carried out for the tract? No If so, by whom? IL , f e f 5 UPLAND DEVELOPMENT N/A Cpmplete this section if the protect includes any land developments ` " "' ...°?•w-? a. Type and number of buildings, facilities, or structuresproposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable . surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down'). •t m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project'is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL N/A INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Length Width Depth Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Souioe of fillmaterial o. Will fill material be placed on marshor other. wetlands? p. Dimensions of the wetland to be filled q. How willexcavated or fill material be kept on site and erosion controlled? What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 19 f - _t b. Average distance waterward of mean high water or normal water level 20 feet + or - 14HW c. Shoreline erosion during preceding 12 months, in feet Unknown d. Type of bulkhead material precast concrete e. Amount of fill, in cubic yards, to be placed below meanhighwater 4nn C± f. Type of fill material clay/sand fill mM s? s 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. 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 cant' out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 77.0203 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 Name Address Name Address 44% Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. Thi _ day of ,19_.qZ Landowner or Authorized agent 4 3191 t Attach this form to Joint Application for CAMA Major Permit. Be sure to complete all other sections of the Joint Application which relate to this proposed project, including upland areas, even if duplicative... All shore- based facilities must be included in application and work plats. 1 MARINA. CHARACTERISTICS a. Check below the ope ofmarina proposed. _ b6mmerctal ? Public Residential b. Will the marina be open to the general public? c. If there is residential development associated with the marina, how many units or lots are planned? d. Check all of the types of service to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies ?Dockage ("wet slips") only Number of slips a"7 Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required -Other(describe) Cx?'S"f?^4 ba?,'N f. Describe the typical boats to be served (for example, open runs u charter bo ts, ail boa ,mixeds types). t k` a q ?? g. Typical boat length fi. Maximum boat length i. ` Are any Boating buildings. planned? NO If so,describe. 2 MARINA OPERATIONS a. Check each of the following sanitary facilities which will be included in the proposed project. Office toilets Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and location for all sanitary wastewater. c. Describe solid waste, fish offal, and trash disposal. 4?-s? ?mn k%,er 3/91 S d. How will overboard discharge of sewage from boats becontrolled? s??„? aos?J e. Give the location and number of 'No Sewage Discharge" signs proposed. 110 ez1zk f, Describe the special design, if applicable, for containing industrial type pollutants, such as paint, 2sandblastingwaste, and petroleum •products. e g. Where will residue be disposed of? ..0 A h. Give the number of channel markers and "No Wake" ... signs proposed. I1o^P Note: Regulatory signs such as these require additional approval by the N.C. Wildlife Resources Commission. i. Give the location of fuel handling facilities and i describe the sa€ety measures planned to protect area waterquality. N A• j. Describe design measures that promote boat basin flushing orcirculatio? and reduce water quality impacts. N M rev - n,® : MAr ? 11 ?n k. What will be the marina policy on overnight and live-board dockage? AkvP -!4on r. 1. Is the proposed marina located near any shellfish leases? fro N so, give the name and address of theleaseholder. m. If this project is anexpansion of an existing marina, what types oservicesre curnently provided? -./ Go n. How many slips are now available? d - 3o boa-1* arm M Adrby r• 6 3/91 DIVISION OF COASTAL MANAGEMENT C C C Q d? VIIf FIELD INVESTIGATION REPORT' 'JAN 2 2 0 1. APPLICANT'S NAME: County of Carteret (Harkers Island Harbor of Refuge) ?t ary t? 2. LOCATION OF PROJECT SITE: SR1335, Brooks Creek, Harkers Island, Carteret-r.:. Photo Index - 1989: 155-1 (6 - R,S) 1984: 38-1215 (18 - S,T) State Plane Coordinates - X: 2726600 Y: 358200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/2/92 12/92 Was Applicant Present - YES NO 5. PROCESSING PROCEDURE: Application Received - December 22, 1992 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: ES, PT, CW, ES (C) Water Dependent: YES (D) Intended Use: Public (E) Wastewater Treatment: Existing - NONE Planned - NONE (F) Type of Structures: Existing - docks & slips Planned - new slips, docks & bulkhead (G) Estimated Annual Rate of E. -ion: -0- Source - personal estimate 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Spartina alterniflora 50 sq. ft. (B) Non-Vegetated Wetlands 2,880 sq. ft. 17,730 sq. ft. Shallow Basin Bottom Public Trust Waters - Docks (C) Other NONE (D) Total Area Disturbed: Approximately 20,000 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: 'SA' Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct new docks and slips and approximately 192' of bulkhead at the County Harbor of Refuge on Harkers Island. FIELD INVESTIGATION REPORT: COUNTY OF CARTERET (HARKERS ISLAND HARBOR OF REFUGE) PAGE #2 NOTE: A pre-application site meeting was held on June 2, 1992 with several permit review agencies in attendance.- 9. NARRATIVE DESCRIPTION: The applicant is the County of Carteret, and the project site is located off Harkers Island Road, (SR1335), near the northwestern corner of Harkers Island. The 2.26 acre site is on the right hand side of the road almost immediately after crossing the Straits bridge leading onto Harkers Island. A chain link fence encloses the property. The project site is a man-made boat basin located at the upper end of Brooks Creek. The man-made boat basin has been used for many years as a harbor of refuge by commercial fishermen and there are approximately 20-30 boats occupying the basin presently. There are also several boats moored beyond the area owned by the County. The basin was dug prior to CAMA permit requirements. There are old slips and docks lining the perimeter of the basin. The County proposes to remove the existing docks and construct new docks and slips. The proposed new piers are a 240' x 6' dock with seven (7) 40' slips on the southern side of the basin, a 175' x 6' dock with eight (8) 30' slips on the western side, and a 240' x 6' dock with twelve (12) 35' slips on the eastern side. A total of 27 slips is proposed. Water depths in the basin range from - 3.5' to -7.1' MLW. The County also proposes to construct 192' of bulkhead an average of 20' beyond MHW along the northern side of the basin. The new fill area behind the bulkhead will allow f6r, better maneuverability for.- loading and unloading around the packing elevators. A small pocket (approximately 50 sq. ft.) of S'partina alterniflora is in the proposed fill area for the bulkhead. 10. ANTICIPATED IMPACTS: The waters of the basin are classified as 'SA' by the Division of Environmental Management and are closed to shellfishing by Division of Environmental Health and Division of Marine Fisheries. The proposed bulkhead will require the filling of approximately 50 sq. ft. of SSpartina alterniflora and approximately 2,880 sq. ft. of previously dredged basin bottom. The proposed docks will occupy approximately 17,730 sq. ft. of public trust waters. PREPARED BY: W. DAVID NOBLE January 7, 1993 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. . 9 APPLICANT a. Name Carteret County Address Courthouse Square City Beaufort State NC Zip 28516 Dayphone 919/728-8497 Landowner or Authorized agent b. Project name (if any) Piers & Bulkhead Harkers Island c. If the applicant is not the landowner, also give the owner's name and address. 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number Harbor of Refuge SR #1335 b. City, town, community, or landmark c. County Carteret d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project The Straits at North River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT If you plan to build a mob-?i?r?t[t'?' i attach Form DCM-MP-1...-•- -" b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for community, private, or commercial use? _community s d. Describe the planned use of the project. provide berthing for boats, both commercial and private 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.26 acre b. Size of individual lot(s) N/A r?. Ele?ratio n of tract above mean sea level or National Geodetic Vertical Datum 2 to..4 feet above mean sea level d. Soil type(s) and texture(s) of tract tog soil, clay sand and silt e. Vegetation on tract Limited brush & pine trees f. Man-made features now on tract -piers R, darks g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? Unzoned i. How are adjacent waters classified? tt? tt Estuarine shnrPline S?- Jb.?y51`e??ISf`f? a.. Describe all development activities you propose (for j, Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? No If so, by whom? or pier). Replace existing piers and add bulkhead 3/91 5 UPLAND DEVELOPMENT N/A Complete this section if the project includes any land development' --? M a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels _ c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. in. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL N/A. INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width -Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) Boat basin h. If applicable, has a stormwater management plan Other (break- been submitted to the Division of Environmental water, pier, Management? boat ramp, i. Describe proposed sewage disposal and/or waste rock jetty) water treatment facilities. Fill placed in wetland or below MHW j. Have these facilities received state or local approval? Upland fill areas k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 2 - 3/91 f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? c. Shoreline erosion during preceding 12 months, in feet Unknown d. Type of bulkhead material precast concrete e. Amount of fill, in cubic yards, to be placed below mean high water 4nn CY_± f. Type of fill material clay/sand fill mWk 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or water areas? ing items must be submitted: k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. 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 work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources %Comm;ssion 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 192 feet b. Average distance waterward of mean high water or normal water level 20 feet + or - MHW A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 Name Address Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental. Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. This ' day of ?nnerrn r , 19 Sp -X --- Landowner or Authorized agent 3/91 Form DCM-MP-2 MARINA DEVELOPMENT Attach this form to Joint Application for CAMA Major Permit. Be sure to complete all other sections of the Joint Application which relate to this proposed project, including upland areas, even if duplicative. All shore- based facilities must be included in application and work plats. f. Describe the typical boats to be served (for example, open runabout, charter bolts, sail boa , mixed types). +r"k% na b a 4 s ?XC ?`?( ?• r g. Typical boat length a 1 MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial ? Public Residential b. Will the marina be open to the general public? C. If there is residential development associated with the marina, how many units or lots are planned? d. Check all of the types of service to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies P"'Dockage ("wet slips") only Number of slips Q-1 Dry storage Number of boats Boat ramp(s) Other (describe) C. Check below the proposed type of siting. Land cut and access channel open water with dredang for basin and/or channel v Open water, no dredging required _ Other (describe) fix!' `fi a in? h. Maximum boat length i ?5: Are any floating buildings planned? N O If so, describe. 2 MARINA OPERATIONS a. Check each of the following sanitary facilities which will be included in the proposed project. Office toilets Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and location for all sanitary wastewater. C. Describe solid waste, fish ofh-d, and trash disposal. 3/91 d. How will overboard discharge of sewage from boats be controlled? 5i4ry?i I?fls?? e. Give the location and number of "No Sewage Discharge" signs proposed. onc' G P +r,;r,,e q e" dog f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste, and petroleum products. g. Where will residue be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. Ao,,,P Note: It.egul?:`:?r? s, oqs such as these require additional approval by the N.C. Wildlife Resources Commission. L Give the location of fuel handling facilities and describe the safety measures planned to protect area waterquality. N A j. Describe design measures that promote boat basin flushing or circulation and reduce water quality impacts. k. What will be the marina policy on ovemigh and live-board dockage? Ao I?vP -a`ogr r 1. Is the proposed marina located near any shellfish leases? - If so, give the name and address of theleaseholder. in. If this project is an expansion of an existing marina, what types of seivi es are currently provided? n. How many slips are now available? _.._o? B 3 :P 6aAy Gtr tA Adrr 6 3/91 NOTICE OF FILING OF Q r APPLICATION FOR CAMA MAJOR DEVE NT "' PERMIT AND WATER QUALITY CERTIFI i ;ION ' The Department of Environment, Health and Natural ResohrCFs Fereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that the County of Carteret filed an application on December 22, 1992, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, the County of Carteret is proposing to construct new docks and slips and a bulkhead at the County Harbor of Refuge on Harkers Island, off SR1335 and Brooks Creek, Carteret County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of David Noble, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., (919) 726-7021, and/or the office of Preston Howard, Division of Environmental Management, DEHNR Regional Field Office, Wilmington, N.C., (919) 395-3900. . The. Division of Environmental Management proposes to take final action on this water- ;,),dity certification on or before February 17, 1993. The issuanc of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Roger N. Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to February 12, 1993 for consideration in the CAMA permit decision, and to Mr. John Dorsey, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to February 7, 1993 for consideration in the water quality certification decision. Later comments on, the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: Friday, January 22, 1993