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HomeMy WebLinkAbout19930111 Ver 1_COMPLETE FILE_19930303n? 1 `r WASHINREC GTONEOFFICE .........••`. `V ray a ? State of North Carolina 0. W t. Department of Environment, Health, and Natu4Resoupcg. ; ., ,;,..,, l 512 North Salisbury Street a RaleiRli, North Carolina *604 )antes B. Hunt, -fr., Governor Jonathan B. Howes, Secretary 26 October 1992 MEMORANDUM TO: Mr. A. Preston Howard, Acting Director Division of Environmental Management FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: The Pelican, Inc./Ervin D. Stahel Project Location: US 158, Camden Causeway, Elizabeth City, Camden County, Pasquotank River. Proposed Project: Construct an additional story to an existing structure which is entirely over the Pasquotank River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 5, 1993. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY _L/ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed /? / Date !a 7? y J ' t To: John Dorney Planning Branch MAR -2 K uiA 7E LANDS GRnr its DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA/COE PERMIT APPLICATION REVIEW WaRO PROJECT # 9 3 -,01 S ` WQ SUPERVISOR : RPE REVIEWER: SAWYER DATE: o?9 3 /73 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING f PERMIT YR: 9? PERMIT NO.: PROJECT NAME: r'40 PC?-"^ + COUNTY: C PROJECT TYPE: ? PERMIT TYPE: ?' ('AE COE #: DOT #: RCD FROM CDA: DCM DATE FROM CDA: ! g g REG OFFICE: WaRO RIVER AND SUB BASIN #: RAS 5 STREAM OR ADJACENT WATER BODY: a4 ?Z«,... S ' C CLASS : .,.. 0 STREAM INDEX 6 - 3 - OPEN OR CLOSED:rV ?A- WL IMPACT: N WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: ING SHEET ATTACHED? RECOMMENDATION: :SUE ISSUE/COND DENY HOLD , STORMWATER PLAN REQ' D : IF YES, DATE APPROVED : /-???E/' `O`ff PROJECT DESCRIPTION: TYPE OF DISPOSAL SED: IS , PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: - b WETLAND: o IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING WATER QUALITY CERT. (401) CERT. REQ'D: /f IF YES, TYPE: SEWAGE DISPOSAL AREA TO BE DREDGED: ^ 0 -- IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? ARE THE FOLLOWING ADEQ;7-rCLOSURE DRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; COE Washington Office DIVISION OF ENVIR NMEN', MANAGEMENT Z 2-,3 4 Z.9 MEMORANDUM TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews for Stormwater Review Project: Project No.: - n j 5?--< 3 ' Date Received: iZZ2 .r-"nmt Date Comment: Lz Description of Project: Sew R?.?e? Comments: I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 16 1. APPLICANT'S NAME: The Pelican, Inc./Ervin D. Stahel 2. LOCATION OF PROJECT SITE: US 158, Camden Causeway, Elizabeth City, Camden County, Pasquotank River. Photo Index - 1989: 26-1 1984: 122-747 E 16 State Plane Coordinates - X: 2821550 Y: 939500 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/29/92 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - December 17, 1992 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - City Sewer Planned - None (F) Type of Structures: Existing - Marina, supplies store Planned - Expansion of store, provision for dock master, customer lounge, and overnight apartment (G) Estimated Annual Rate of Erosion: 3 ft. Source - Previous application 7. HABITAT DESCRIPTION: [AREA] DREDGED PTT.T .P-n n1ruipl? (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetlands N/A (C) Other N/A (D) Total Area Disturbed: 0 (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct an additional story to an existing structure which is entirely over the Pasquotank River. Yj The Pelican, Inc. Bio Report Page Two Site Description The applicant is an existing marina located along Hwy 158 on the Camden Causeway, Elizabeth City, Camden County on the Pasquotank River. The applicant owns approximately 3/4 of an acre bordering the Pasquotank River (classified as SC by NC DEM). Very little shoreline exists which has not been developed at the site, therefore, little wetland vegetation remains. Some remaining Bald Cypress do exist near the periphery of the site. The marina, originally constructed in 1958, consists of a retail sales building (80' X 401), a storage building (25' X 251), two marine fueling stations, two boat ramps, two piers (one at 170' length and one at 220' length) and a total of 54 wet slips along the two piers. The applicant currently proposes to replace the roof of an existing non-conforming structure (sales building) and add an additional story to the structure. This additional area would be used for a combination of uses including enlargment of the store area, providing a customer lounge and over-night stay facility. Anticipated Impacts The current proposed addition would be constructed within the existing footprint of the structure in question. Two thirds of the proposed addition would be used for enlarging the existing marina store and adding a boating customer lounge area. The remaining 1/3 area would be used as a dock master's apartment a'nd over-nite stay over facitity for boaters using the marina. The proposed structure would not increase shallow water habitat shading and should not have any additional adverse impacts to water quality or wetland habitat. CAMA Review The proposed development site is located in Elizabeth City. The Elizabeth City Land Use Plan classifies this area as the Causeway Conservation Area. This proposed structure modification involves Public Trust Waters, Estuarine Waters and Estuarine Shoreleine AEC's. Under its policies for these AEC's, Elizabeth City generally recognizes the ecological and recreational importance of these AEC's. Future growth in these areas is limited "to the extent possible". At the same time, the City "recognizes the tourist and recreational potential that its designated natural and fragile ares hold and will protect and enhance them accordingly". The Causeway Conservation classsification calls for "group or cluster uses which support and complement each other in use and water orientation" and the City allows those uses which are The Pelican, Inc. Bio Report Page Three identified in the Causeway Mixed ordinance. As part of an overall development fits the type of use use plan. Ise District of its marina operation, contemplated by the zoning the proposed City's land The existing structure is a non-conforming non-water dependent structure. This structure was constructed prior to CAMA and is considered to be a "Grandfathered" structure. The proposed addition, although not increasing any adverse impacts to habitat, is considered to be a non-water dependent. There is no current evidence of any archelogical or historical resources in the vicinity of this proposed development. The proposed addition to this structure would not require any ground disturbance. Submitted by: Dennis Hawthorn Date: January 15, 1993 Please type or print. Carefully describe all anticipated development activities, including construction, excava- -don, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 arid 8-9 must be completed for all projects. 1 APPLICANT a. Name The Pelican, Inc. Address 43 Camden Causeway City Elizabeth CitvState NC Zip 27909 Dayphone 919-335-5108 x Landowner or Authorized agent b. Project name (if any) The Pelican Marina c. If the applicant is not the landowner, also give the owner's name and address. Ervin D. Stahel P.O. Box 214 Camden; NC 27921 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number US 158/NC 34 If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of in REG existing project, new work, or both? Both e 1 j c. Will the project be for community, private, or commercial use? Commercial d. Describe the planned use of the project. Current building roof is in need of repair and existing marine store square footage restricts retail ex- pansion. Roof is to be replaced with a more aesthetic structure. The 2nd f l nor cpaca wa l ri he lif i 1 i za 911 for 4 LAND AND WATER marine. Store/Boating area. an CHARACTERISTICS forn1 ap artment for 3/4 acre use o owner/doc a. Size of entire tract m & } ^ r ,etc b. Size of individual lot(s) c. Elevation of tract above mean sea level or National Geodetic Vertical Datum ' +5 ft. d. Soil type(s) and texture(s) of tract , -Sandy - Clay e. Vegetation on tract Native lawn grass b. City, town, community, or landmark Elizabeth City/Camden Causeway f. c. County Camden d. Is proposed work within city limits or planning jurisdiction?_ Yes - Elizabeth City e. Name of body of water nearest project Pasguotank 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, ter). Remove and replace roof of 40 x 80-marine retail store and ad second floor 3/91 9- Man-made features now on tract Marina building, storage shed, 2 piers, fuel pumps. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other IL How is the tract zoned by local government? Commercial i. How are adjacent waters classified? sC j. Has a professional archaeological survey been carried out for the tract? NO If so, by whom? .. 6, UPLAND DEVELOPMENT Complete this section if the project Includes any land development. a. Type And mimbet of buildings, facilities, or structutesproposed 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 w10 disturb more than one acre of land, the Divisloh bf Land Resources must tecelve an erosion And sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a Sedimitntation and erosion control plan been submitted to the Division of Land Resources? M. Water supply sodtea n. It the project is oceanfront development, describe the steps that W19 be taken to maintain establlshed public beach accessways or provide tie* access. o. if the project is on the oceanfront, what will be the elevation above theAn sea level of the fitst habitable floor? a 1EXCAVATION AND PILL INFORMATION 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? 1. Describe proposed sewage disposal and/or waste water treatment facilities. J. Have these facilities received state or local approval? It. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary to n'). Winddstrial/commerclal effluent, "wash 2 -- o?i;;M wtr a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, Which are Covered In Section 7). Access channel (MLW) or (NWL) host 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? t. High ground txcavation, in cubic yards 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? 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 in. 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 b. Average distance waterward of mean high water or normal waterle4el c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 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. It 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 W.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. I RECEIVED DIG 17 '92 3/91 ?, Name Clarence & Cathv*Munden Address Box 35 Camden Causeway Elizabeth City, NC 27909 " Name _City Manager Address City of Elizabeth City P.O. Box 34 . Elizabeth y, NC 279og Name Address A list of prtvloits state of federal permits Issued tot work on the project tract. Include permit numbers, 9 CPEpTIFICATION ANb I NIMISSION To r=NTF-h 6N LAW Any permit Issued hi tesponse to this Application *19 allow only the devtlopment described In the application The project will brL subject to conditions And restrictions cbntained in the pettnit. 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 9 tit annet t:ohsistent With such program. permittee, and Issuing dates. I further certify that l Am authorized to grant, and do in 13-82 Pelican Marina 2 / 3 / 8 2 , 13-82 fact, grant permission to representatives of state and Pelican Marina 2/11/83, 13-82 Pelican federal review agencies to enter on the Atotementioned Marina 5/9/84, 158-87 Ervin stahel lands In connection *Ithevaluating iit'ottnationtelaied ?_ - The Pelican, n c / 9 (to this permit application and follow-tip monitoring of kchec1 gc fbr?%ftUe p1ydblJ8`ttie &', WA of Project Environment , health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard hotict for projects in oceanfront and inlet areas. A statetnt ht bh the ttse of pilblic funds. If the project involves the expenditure otpublic funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.O.S. I I3A-1 to 10). vdl` g-9 This is the day of e c e t9LZ Landowner or Authorized agent 3/91 i Th -jt -441, 1- Art PIZ ,Opt, X0 T I �,! 44.. F I 4w M -AS id 44 YAM oe 114 - 40.z- 1 Ni 11, 1: AT:— A ?,zv c r..t 27 S TA++ ic,c. ? ? ?„• c??..U?S i s g '--- T-N? ?6LIG1??.a, If.1G. V PRw r (fm4-Ar)v-? CausewAY, F-wz?Ef+i caw ?c 7 ?sQU :Si 0 CAM Da-pa GeDuN-T.,? L M elwA csT ;U mp- t! M 4t k NO) a ? RAM P ?? N, 4 v r: 3 r ti ?y 7 O ? ? ?Z V Z M, lu p g ; y ? o • ?GF l??D \ q l?eoPFitrf Li?sO _ F?,1.. 43 CAMDEN CAUSEWAY ELIZABETH CITY, NC 27909 i in cv- I 71,1 j r ?k??F ? Hwy ic -co s :3z REr DEC 1 ! '92 $(,oc Sr W rcSi ?`'EV IaT?b a 36 - w . r; SUMMARY, 1. 430 ft. Marine Rropef-"'?y highway frontage along NC 34/US 15BL' Located in Camden County withing'r,liiAb6th City city limits. 2. 19,990 Total 'sq: ft ' existing parking area. 3. dne 40'.;x'80':marine retail building and one x 25' storage building (both. oh -pilings over water) 4. One 200'.' x 13 ' pier ands one 171' x B' pier j with 50,boat slipiq 5. Facility,:currintly has city water and sewer: b. The regUested' marine retail building modificationmould involve no changes to existing;pilings in the river nor increase in ?ioriintl; feint of coverage over the water.: ;i7he ;i^ it fnc?dificetion would result in` Slightly A:6i t h6riiontal roof coverage - than cur; hentf exists. t f Sheet 5 of 5 DEC V/ 10/ Rlvz--I? FRO lV T PELICAN, INC. 43 CAMDEN CAUSEWAY ELIZABETH CITY, NC 27909 L ri ?2) ZlcEO?_. I -f1??1r ?l, I I. . I Gu4U?145 v ? f Igor C? :v W 3 I G???C=? fgow? ??' 0 ii t x?JTiA/ ?r211 /) FKDAIT PELICAN, INC. 143 CAMDEN CAUSEWAY ELIZABETH CITY, NC. 27909 '7-11V 6 a.-J I-=-/) Q CV LU Llf ? o f 77 -3Z) ? I II 42s?f . Hwy .s? fog= Z1, zb?a' A - AM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 22, 1993 Regulatory Branch Action ID. 199101521 Mr. Ervin D. Stahel The Pelican, Incorporated Poist Office Box 214 Camden, North Carolina 27921 Dear Mr. Stahel: JAN 2' 6 I9Z 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 19, 1993, for a modification to your Department of the Army permit which authorizes construction and backfill of a bulkhead and the placement of fill material in a manmade canal on the Pasquotank River, Elizabeth City, Camden County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. This modification is to construct an additional story on an existing structure over the Pasquotank River. 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, has been assigned Action ID No. 199101521 and will be coordinated by Ms. Laura Fogo in our Washington Field Office. She is available at telephone (919) 975-3609. 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 fir. 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. 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. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, North Carolina 27909 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: The Pelican, Inc./Ervin D. Stahel 2. LOCATION OF.PROJECT SITE: US 158, Camden Causeway, Elizabeth City, Camden County, Pasquotank River. Photo Index - 1989: 26-1 1984: 122-747 E 16 State Plane Coordinates - X: 2821550 Y: 939500 3. INVESTIGATION TYPE: CAMA $t 1 (? 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/29/92 ( JAS 2 199 Was Applicant Present Yes Ll?uj WULANDS GROUP 5. PROCESSING PROCEDURE: Application Received - December 17, 992 _WATER QUALITY SECTION Office - Elizabeth City v_ 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - City Sewer Planned - None (F) Type of Structures: Existing - Marina, supplies store Planned - Expansion of store, provision for dock master, customer ^_ing-, and overrirTht apartn,-2nt (G) Estimated Annual Rate of Erosion: 3 ft. Source - Previous application 7. HABITAT DESCRIPTION: [AREA] DREDGED FIT.T .FII nIMED (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetlands N/A (C) Other N/A (D) Total Area Disturbed: 0 (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct an additional story to an existing structure which is entirely over the Pasquotank River. The Pelican, Inc. Bio Report Page Two Site Description The applicant is an existing marina located along Hwy 158 on the Camden Causeway, Elizabeth City, Camden County on the Pasquotank River. The applicant owns approximately 3/4 of an acre bordering the Pasquotank River (classified as SC by NC DEM). Very little shoreline exists which has not been developed at the site, therefore, little wetland vegetation remains. Some remaining Bald Cypress do exist near the periphery of the site. The marina, originally constructed in 1958, consists of a retail sales building (80' X 401), a storage building (25' X 251), two marine fueling stations, two boat ramps, two piers (one at 170' length and one at 220' length) and a total of 54 wet slips along the two piers. The applicant currently proposes to replace the roof of an existing non-conforming structure (sales building) and add an additional story to the structure. This additional area would be used for a combination of uses including enlargment of the store area, providing a customer lounge and over-night stay facility. Anticipated Impacts The current proposed addition would be constructed within t4 e existing footprintthe structurr'in'uestion. Two thirds of th e proposed addition would be used for enlarging the existing marina store and adding a boating customer lounge area. The remaining 1/3 area would be used as a dock master's apartment and over-nite stay over facitity for boaters using the marina. The proposed structure would not increase shallow water habitat shading and should not have any additional adverse impacts to water quality or wetland habitat. CAMA Review The proposed development site is located in Elizabeth City. The Elizabeth City Land Use Plan classifies this area as the Causeway Conservation Area. This proposed structure modification involves Public Trust Waters, Estuarine Waters and Estuarine Shoreleine AEC's. Under its policies for these AEC's, Elizabeth City generally recognizes the ecological and recreational importance of these AEC's. Future growth in these areas is limited "to the extent possible". At the same time, the City "recognizes the tourist and recreational potential that its designated natural and fragile ares hold and will protect and enhance then accordingly". The Causeway Conservation classsification calls for "group or cluster uses which support and complement each other in use and water orientation" and the City allows those uses which are The Pelican, Inc. Bio Report Page Three identified in the Causeway Mixed ordinance. As part of an overall development fits the type of use use plan. Ise District of its zoning marina operation, the proposed contemplated by the City's land The existing structure is a non-conforming non-water dependent structure. This structure was constructed prior to CAMA and is considered to be a "Grandfathered" structure. The proposed addition, although not increasing any adverse impacts to habitat, is considered to be a non-water dependent. There is no current evidence of any archelogical or historical resources in the vicinity of this proposed development. The proposed addition to this structure would not require any ground disturbance. Submitted by: Dennis Hawthorn Date: January 15, 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 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name The Pelican, Inc. If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of An R existing project, new work, or both? _ w Both r'7 c. Will the project be for community, private, or commercial use? Commercial Address 43 Camden Causewa City Elizabeth CityStatee NC Zip 27909 Dayphone 919-335-5108 X Landowner or Authorized agent b. Project name (if any) The Pelican Marina c. If the applicant is not the landowner, also give the owner's name and address. Ervin D. Stahel P.0.-Box 214 Camden; NC 27921 2 LOCATION OF PROPOSED PROJECT a. Street addressor secondary road number US 158/NC 34 b. City, town, community, or landmark _Elizabeth City/Camden Causeway f d. Describe the planned use of the project. Current building roof is in new_Qf repair and existing marine store square footage restricts retail ex- pansion. Roof is to be replaced with a more aesthetic structure. The 2nd f 1 nor Snare wrni 1(I he uf- i 1 i 7.ocl 2f 3 for 4 LAND AND WATER marine ,e CHARACTERISTICS Lounge area and 1 / for 1 apartment fc a. 3/4 acre use of owner/dc Size of entire tract r *- ^ , e t b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum +5 ft. d. Soil type(s) and texture(s) of tract Sandy - Clay e. Vegetation on tract _ Native lawn grass c. County _ Camden d. Is proposed work within city limits or planning jurisdiction?_ Yes - Elizabeth City e. Name of body of water nearest project Pasguotank River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT 9. Man-made features now on tract Marina building-, storage shed, 2 piers, fuel pumps. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Commercial i. How are adjacent waters classified? SC 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? Nd If so, by whom? or4pier). Remove and replace ronf of 0 x 80 marine retail store and ad second floor 3/91 S .UPLAND DEVELOPMENT Complete this section if the project includes any land development. A. Type and numberof buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the tutits 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 Resources7 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 tot paved surfaces. h. If applicable, has a stotmwater 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 of the state (forerample, surface runoff, sanitary 5"V1510inddstrial/commercial effluent, "wash . own, ). UEC 11 '92 2 -- o -; "IV m. Water supply source n. It the project Is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. o. It the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor?__ ' 6 EXCAVATION AND FILL 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) Pn.1, ,r sin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth of: :.t 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 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 d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 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? 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 b. Average distance waterward of mean high water or normal waterl6el 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 7J.0203 for a detailed description.) :'lease note that original drawings are preferr 1' 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 Clarence & Cathy Munden Address Box 35 Camden Causeway 9 GFRTIFICAfiION ANb pPI#fllIISSION Elizabeth City, NC 27909 TO ?N1'?? 6N LbNk? Name City Manager Address City of Elizabeth City P.O. Box 34 Elizabeth y, C 27909 Name Address Any permit issued iri re§ponse to this Application w111 allow only the development described in the application. The project will be subject to conditions and restrictions contained in the pethiit. I certify that to the best of my knowledge, the proposed activity complies tivith the State of Borth CArolina'§ ap- proved Coastal Management Program and will be con- A list of previous stab, or federal perrnlts issued for ducted in A manner consistent with suchV6'ram. work on the project tract- Include permit numbers, permittee, and issuing dates. I further certify that f am authorized to grant, and do in 13-82 Pelican Marina 2 / 3 / 8 2 , 13-82 fact, grant permission to representatives of state and Pelican Marina 2/11/83, 13-82 Pelican federal review agencies to enter on the aforementioned Marina 5 / 9 / 8 4 , 158-87 Ervin S talie 1 lands in connection with evaluating information telaied q4 p- i ie Pelican, ? Inc c 1 3 / 2 2 / 9 tto this permit application and follow-up Monitoring of AV- ec fOe lSU m ae p?aydbl 17epartrh?rit of project Environment ; Health, and Natural Resources to cover _ the costs of processing the application. This is the day of .?' t, c e S7 , 19 !`_Z A signed AEC hazard hotice for projects in oceanfront and Wet areas. Landowner or Authorized agent A statement tin the use of ptiblic funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the Nortli Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). ;p 4 3191 ''? \geZi?'i? •! ' 166 ?!tQ• C 1 l -A1 ?Q 0 t ? • ? r' a ?tF, M [ ',[ ?? ,i ':?, ?. L?F vil'i 47 ?vt. i 3 p " ? ,?• ? s*+ ?. ??'S1'.l ? ? y= ? i r r t N?,?y3}?l}? izir •?" i ,? ? ? "x.u' ? y? J Z?4 • } ?.? r • ? A•. ??' . ?E \ f z»L , t <w??,?t< ? '} tv.i?'• ? v ;? ?ti ti ht"7 , ? /, i rill _? t •?• ? ,? 1 J? lp? %ft. ?:i r . ?? >. ?' 'y a °' L ' -?.G- { ,'ia , T 1. v, r + ? f ? t f, ??• ••t ?Olfl b` , ? '\ y ., t x,F,4t} ?',,' u d r ,vf ?,, ? ? 1,, k r er.?! 4 w ,??.'y sc ' f?"f , ???'-- t' {LJO^ i+3 'rl-i A`. rink i• I.? t / •{ ? r, . ? z.o 'Ni ? ? •?' •' .tom ? ,•" ? t t. ? F t • LI< X66 ion jj J ? + \ ^ t J y T, tit- - • , ?'? I kja?? Y r T Ro tP Tidal F 1C\3 ( IJ 1.J a L rlf" W A- - T+l? ?6c-?C??? , ItaG. 1? 3 CM-+ D? C+}ubew A? ? E?.,.t z?3?1 C t'? >v c CAM Dcrl Cou?.?-r? I 3 ?i 3 0 V ` v ` v4t?Ca r z ?sQ ?irc ll ' w MAeitiA c3- a NT V M Z? 0 C r ? 1 RAM P ; ? ? ? ?' do I.p It ? 7 Q U 2 2 . t ? ` cQ + X11 VO ? o W U • y ?} O nt., sMf---r / o? vs CAMDEN CAUSEWAY ELIZABETH CITY, NC 27909 :24 f I ! ? :I ?I? ! •I?.?, ? Ali .-T -1- - - C - JIt,IAL?J 3zft 7('f f P;F.t''"' I U! M, i $tos 4 scq?6 ? ?-o u SUHM'ARY 1. 430 ft. Marina Property highway frontage along SIC 34/US 158. Located in Camden County withing Elizabeth City city limits. 2. 19,9 c) Total sq. ft. existing parking area. _. One 40'. x BO' marine retail building and one 25' x 25' storage building •(both.on pilings over water) 4. One 200' x 8' pier and.1 one 17].' x 8' pier with 50 boat slips 5. Facility currOntly has city water and sewer. 6. The regib6zted' marine retail building modification Would involve no-changes to existing pilings in the river nor increase hbr i.i6ntal.• feet of-coverage over the in , waer... -Jhe -60:'t modification would result in slightly A•eas h6rii6ntal roof coverr?g, - than "Or•ir,?-,ntly exists. E FlFI,EWM Sheet 5 of 5 (firr( t t *4 F r i 0172 oe) i .T- IF- i iUl 7 C -J v 1? v l w 606LZ ON 4AII3 H139VZ113 AVM3snvo N30Ntvo £4 'ONI `NVOI13d ?? C) Y ? Al-7141Y 1?6z4 /)F K PELICAN, INC, 43 CAMDEN CAUSEWAY ELIZABETH CITY, NC. 27909 In C\i LU ?r p J LLJ ? c O ? V/2 -?44 Jll? 95-164 JAR 0,-,' J L=-,o Y 1 -- -- y?e,y rs0 //,9 N,O,V'H GFdA r?a? 3•?•r MEMORANDUM PRINT NAMES: Reviewer: TO: ` John Dorney WQ Supv.: Planning Branch DATE: I F_ SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 93 PERMIT NO: 0000111 COUNTY: CAM APPLICANT NAME: THE PELICAN INC PROJECT-TYPE: COMMERCIAL EXPANSION PERMIT_TY LAMA COE_#: DOT_ RCD_FROM _CDA: DCM DATE _FRM_CDA: 01/25/93 REG_OFFICE: WARO RIVER-AND-SUB-BASIN-#: STREAM CLASS: S WL IMPACT?: YIN WL REQUESTED: WL TYPE: WL ACR EST?: YIN WL_SCORE(#): DATER I[PACTED BY FILL?: YIN HYDRO_CNECT?: YIN MITIGATION?: YIN MITIGATION TYPE: COMMENTS: F ,n MITIGATION SIZE: IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY cc: Regional Office Central Files APR-7? )jVL51V.N Vt' l:VAN'1'AL A1AiNAlihM_UN'1' FIELD INVESTIGATION REPORT ?3W C APPLICANT'S NAME: The Pelican, Inc./Ervin D. Stahel 2• . LOCATION OF PROJECT SITE: US 158, Camden Causeway, Elizabeth City, Camden County, Pasquotank River. Photo Index - 1989: 26-1 1984: 122-747 E 16 State Plane Coordinates - X: 2821550 Y: 939500 3. INVESTIGATION TYPE: CAMA :., € i t eM y I 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/29/92 Was Applicant Present - Yes `JAN 2 o ! : , 5. PROCESSING PROCEDURE: Application Received - December 17, 1992 WATER QUITY SECTION Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - City Sewer Planned - None (F) Type of Structures: Existing - Marina, supplies store Planned - Expansion of store, provision for dock master, customer ';:,-ang-, and overnight apartni-nt (G) Estimated Annual Rate of Erosion: 3 ft. Source - Previous application 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetlands N/A (C) Other. N/A (D) Total Area Disturbed: 0 (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct an additional story to an existing structure which is entirely over the Pasquotank River. 5 R" .i` DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch March 5, 1993 Action ID. 199101521 and State Permit No. 84-91 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: 11,163 Reference the application of The Pelican, Incorporated, represented by Mr. Ervin D. Stahel, for a modification to the State/Department of the Army permit which authorizes construction and backfill of a bulkhead and the placement of fill material in a manmade canal on the Pasquotank River, Elizabeth City, Camden County, North Carolina. The modification is to construct an additional story on an existing structure over the Pasquotank River. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We have no objections to the proposal modification provided all conditions of State permit No. 84-91, issued May 30, 1991, remain valid and in full effect. Questions or comments may be addressed to Ms. Laura Fogo, Washington Field Office, Regulatory Branch, telephone (919) 975-3609. Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished: Mr. 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. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. David Griffin, District Manager N.C. Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, North Carolina 27909 1 Q i+' tt