19960388 Ver 1_Complete File_19960417

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management

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DEHNR

James B, Hunt, Jr" Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director

April 15, 1996

R"'- """'~D
WASHING~;O,~ C.OFF!C:E'

TO:

Mr. A. Preston Howard, P.E., Director
Division of Environmental Management

APR 1 7 1996

D. E .!
RECEIVED

MEMORANDUM:

APR 1 8 1996

FROM:

John R. Parker, Jr.
Major Permits Processing Coordinator

ENV!RON','Ef,T AL SCiENCES

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SUBJECT: CAMA/DREDGE & FILL Permit Application Review

Applicant: Ensign Services, Inc. (Ensign Harbor)

Project Location: 3708 Brown Creek Road (off SR1326), adjacent Brown Creek, in the community of
Whortonsville, Pamlico County

Proposed Project:

to construct a 4-slip commercial dock

Please indicate below your agency's positi~n or viewpoint on the proposed project and return this form by May
6, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall 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.

This agency approves of the project only if the recommended changes are
incorporated. See attached.

SIGNED

This agency objects to the project for reasons described in the attached comments.

DATE

6In)qf::;

P.O. Box 769, 3441 Arendell Sf.. Morehead City, North Carolina 28557 Courier 111-12-09
Telephone [phone] FAA 919-247-3330
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

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1.

DIVISION OF COASTAL MANAGEi'. ~ ~ n'-~L.~ :
FIELD INVESTIGATION REPORT l, n - . ,
'" i . R :)i 0 \996 '
APPLICANT'S NAME: Ensign Services, Inc. (Ensign Harbor) t.J ~p

LOCATION OF PROJECT SITE: Pamlico County, at 3708 Brown CreekR6~~i~ti'~R 1326), in
the Community of Whortonsville, adjacent Brown Creek

2.

Photo Index - 1995: 81-886 (indexed by (T-9) 1990: 2 1179 (indexed by 0-11)
State Plane Coordinates - X: 2,707,500 Y: 498,700 Oriental Quad "UR"

3 . INVESTIGATION TYPE: CAMA

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 1, 1995
Was Applicant Present - Yes

5. PROCESSING PROCEDURE: Application Received Complete - March 25, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County 1992 Land Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - septic system
Planned - none
(F) Type of Structures: Existing - none
Planned - 4-slip commercial dock
(G) Estimated Annual Rate of Erosion: N/ A
Source - N/ A

7 . HABITAT DESCRIPTION:

DREDGED

[AREA]
FILLED

(A) Vegetated Wetlands
(B) N on-Vegetated Wetlands
Public Trust Waters 4,302 ff
(C) Other

OTHER

(D) Total Area Disturbed: 4,302 ft2
(E) Primary Nursery Area: Yes
(F)

8. PROJECT SUMMARY:

j,.40 ,..,. ....

FIELD INVESTIGATION REPORT:
ENSIGN SERVICES, INC.!PAMLICO COUNTY
PAGE #2

9. NARRATIVE DESCRIPTION:

Project Setting

Ensign Services, Inc. signed a 25-year lease with Mr. and Mrs. Nicholas J.
Santoro for use of lot #3 in the Old Lupton Landing Subdivision located at 3708 Brown
Creek Road (off SR 1326), adjacent Brown's Creek in Whortonsville, Pamlico County.
The 2-acre, high ground lot is bordered by a narrow fringe of coastal wetlands. A 10-
slip commercial dock owned by Mr. and Mrs. Santoro is located adjacent to and
immediately downstream of the proposed dock. The adjacent dock which is located
along an indentation in the shoreline measures 240' in length but projects out into
Brown's Creek about 260'. And although the applicant states that Brown Creek is
approximately 740' wide at the site, a constriction between 630' and 640' within the
project area is evident on the applicant's plat. Water depths in Brown Creek at the
project site ranges between -4.5' to -5.5' below NWL. Brown Creek is a Primary
Nursery Area, is classified SA NSW and is open to shellfishing. No SA Vs were noted
during the field visit.

Project Description

The applicant proposes to construct a 4-slip commercial dock measuring 220' in
length and 6' in width. An 8' wide X 66' long modified "L" would be located at the
waterward end. The applicant proposes to construct three 4' -wide finger piers, thus
creating two 14' -wide outer slips, and two 16' -wide inner slips. According to the
applicant, the proposed dock would be located 102' upstream of the adjacent lO-slip
dock.

Anticipated Impacts

As proposed, the project footprint would usurp approximately 4,302 fe of Public
Trust Area within Brown's Creek. And since the adjacent downstream dock originates
from an indentation along the shoreline, it appears that the proposed dock would
project out into Brown's Creek a short distance farther. Depending on where and how
the creek widths are measured, the proposed dock does approach one-third the width of
the creek. And as with Exempted and General Permitted piers, only limited increases
in turbidity during construction would be anticipated.

M. Ted Tyndall - Morehead City - April 14, 1996

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FortH DCM-MP-l

APPLICATION

(To be completed by all applicants)

1. APPLICANT

a. Landowner:

Lessee
Name ENSIGN SERVICES, INC.

Address RT. 1, Box 203B

City

Merritt

State N C

Zip

28556

Day Phone [phone]

Fax

b. Authorized Agent:

Name NiCk Santoro

Address Rt. 1, Box 203B

City

Merritt

NC 28556
State

Zip 28556

Day Phone (q 1 q) ? 4 q ? R 6 7

Fax

c. Project name (if any)

Ensign Harbor

NOTE: Permit wiU be issued in name oj/.andQwner(s), and/or
project name.

2. LOCATION OF PROPOSED
PROJECT

a. County Pamlico

Revised 03/95

b. City, town, community or landmark
Wnnrtnn1=:villp

c. Street address or secondary road number
~70R Rrnwn r.rppk Rd.

d. Is proposed work within city limits or planning
jurisdiction? Yes X No

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) 'Rrnwn I c:: f'rl"l':,I<"

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Pier and four boat Slips a~
per attached drawinqs.

b. Is the proposed activity maintenance of an existing
project, new work, or both? Npw

c. Will the project be for public, private or commercial
use? Slips will be rented.

d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. F.nc::i ern SprVl,rp1=:. Tnr.
prnvirip1=: ~ v~ripty of marine
services such as charters, deliveriE
and private instruction. These
four rental slips are designed to
enhance this type of activity.

1'1
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C5L:JU.';t:J~

Form DCM-MP-l

4. LAND AND WATER
CHARACTERISTICS

a. Size of entire tract 1. 96 acres.

b. Size of individuallot(s) NA

c. Approximate elevation of tract above MHW or
NWL 1:\1

d. Soil type(s) and texture(s) of tract
r.nMrlp~tnn lnMmy f;np ~Mnn.

e. Vegetation on tract
;::"Inn 0r;::"l~~

"'mi;lll pitl~ t\~~5

f. Man-made features now on tract non e

g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)

_ Conservation'
_ Developed
_ Rural

. _ Transitional
-K- Community
Other

h. How is the tract zoned by local government?

not;.i- 7:on~Q

i. Is the proposed project consistent with the applicable
zoning? -X..- Yes _ No
(Attach zoning compliance certijicaJe, if applicable)

j. Has a professional archaeological assessment been
done for the tract? _ Yes --L- No
If yes, by whom?

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
_Yes ~No

1. Are there wetlands on the site? X-- Yes _ No
COaStaI{marshf -~~; Other
If yes, has a delineation been conducted? No
(Attach docrunenlation, if available}-
No wetlands will be filled or
disturbed.

Revised 03/95

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m. Describe existing wastewater treatment facilities.
~nprp ;~ Mn py;~t;n0 ~nn~pr Ann
bathroom facility built by
Ensiqn Services for the use of
its customers with a septic system.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)

~n;", prnjprt ~;11 nnt ,nrrPA"'p
px;~t;ng n",tllr",l ~llrf",("'p rllnnff_

o. Describe existing drinking water supply source.
Drinking water is available
in existing bathroom facility

which uses county water..

S. ADDITIONAL INFORMATION

In addition to the completed application form, the
following items must be submitted:

· A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.

Copy of lease is provided.
· An accurate, dated work pfat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 112" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J .0203 for a
detailed description.)

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. 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

"..

: Form DCM-MP-l

site. Include highway or secondary road (SR)
numbers, landmarks, and the like.

. A Stormwater Certification, if one is necessary.

· A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Owner Lot #2
NIDme Mr. & Mrs. G. Caleb Marsh
Address PO R 0 x 1 l) f). 0 r ; p n t n 1 ? R E) 7 1
Phone ( 91 9) 249 - 2 8 7 3
Mr. & Mrs.
NIDme Ni r'hnl n1'; ,T. Snntnrn
Address Rt 1. Box 203~, MQrri tt. Ne
Phone (q 1 q ) ? 4 q n R ? '=l 2 e '57 1
(Owners of adjacent property)

NIDme
Address
Phone

· A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

None yet issued on Lot #3. Previous

permits issued on adjacent tract owned
by e3ntorol
#258-88 12/21/88 & #50-94
· A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.

· A signed AEC hazard notice for projects in
oceanfront and inlet areas.

· A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

Revised 03/95

~- ~>;, ~ .
C FEB 2 6 1996 111,

6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained i'l the permit.

I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management ProgrIDm and will be
conducted in a manner consistent with such program.

I certify that I IDm authorized to grant, and do in fact,
grant permission to representatives of state and federal '
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.

I further certify that the information provided in this
application is truthful to the best of my knowledge.

This is the ?7 day of ,TnnUn r~ 19.9.L.

Print NIDme

issued 3/30/94.
Please indicate attachments pertaining to your proposed
project.

. _ DCM MP-2
_ DCM MP-3
~ DCM MP-4
_ DCM MP-5
_ DCM MP-6

Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development

NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.

Form DCM-MP-4

STRUCTURES

(Construction within Public Trust Areas)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.

a. Dock(s) and/or Pier(s)
(1) -X- Commercial_Community _ Private
A ~ (2) Number K /
4//1-1'11.. (3) Length :2:2 0 '
(4) Width h'
(5) Finger Piers ----X- Yes No
(i) Number 3
(ii) Length 1 c; ,
(iii) Width 4 I
(6) Platform(s) ---X- Yes No
(i) Number 1
(ii) Length _ -'- - 66'
(iii) Width e I
(7) Number of slips proposed 4
(8) Proximity of structure to adjacent riparian
property lines in ~"(C~'2'2 of 1? I
(9) Width of water body 740 I
(10) Water depth at waterward end of pier at
MLW or NWL l) 1 I'} I

b. Boathouse (including covered lifts)
(1) l\TA Commercial Nll.
(2) Length Nll.
(3) Width NA

Private

c. Groin (e.g. wood, sheetpiIe, etc.)
(1) Number WA
(2) Length(s) W~

d. Breakwater (e.g. wood, sheetpiIe, etc.)
(1) Length 1\Tll.
(2) Average distance from MHW, NWL or
wetlands N ll.
(3) Maximum distance beyond MHW, NWL or
wetlands

FEB 2 6 1996

Revised 03/95

~-~ .! :~-..' \~=':._."-~~)~j";~}l':"

--.:-----.~

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e. Mooring buoys
(1) N..A- CommercialNA-CommunityN.A- Private
(2) Number Nll.
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
NA

(4) Width of water body 740 feet
(5) Distance buoy(s) to be placed beyond
shoreline N ll.

f. Mooring structure (boatlift, mooring pilings, etc.)
(1) N~ Commercial _Community _ Private
(2) Number NA
(3) Length NA
(4) Width NA

g. Other (Give complete description)
Appl;rt'lt.;nn ;~ fnr p;pr t'lnn fmlr
slios as shown in enclosed
drawinq only. No qround disturb ing
activities are planned and
no wetlands will be filled or
dIsturbed.

Ensiqn Harbor (Enoign 8crvicco In

Afi(l;;;:~

Signature
January 27, 1996

Date

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PI.ER. PERMIT
APPLICA TION

, ~ ENSIGN SERVICES, INC.

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LOT #1 OLD LUPTON
LANDING
OWNER: HR. & HR~: _/.:
CHARLES SPARACIN6 '..

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PIER PERMIT APPLICATION FOR ENSIGN SERVICES, INC.
SITE PLAN FOR FOUR SLIP PIER Pg. 2 of 3
DATE: 2/22/96 SCALE: 1"=60' DRAWN BY: N. SANTORO

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ADDENDUM I

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The proposed four slips are in the
same alignment as shown' by the
blackened area on this drawing.
These shoreline dimensions
were drawn by Dennis Fornes &
Associates, an engineering firm,
for a previous permit application.
Accorming to this drawing, the
proposed four slip pier does not
viol~te the 1/3 rule at any point.

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400

PIER PERMIT APPLICATION FOR:
ENSIGN SERVICES, INC.
SITE PLAN ADDENDUM I, MODIFIED 3/23/96 by N. SANTORO

GRAPHIC SCALe

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