Loading...
HomeMy WebLinkAbout20030896 Ver 1_COMPLETE FILE_20030715MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Noelle Lutheran WO Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name William Wendt County New Hanover Project Number 03 0896 County2 Recvd From DCM Region Wilmington Received Date 7/15/03 Recvd By Region Project Type bulkhead Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ME Type Type Impact Score Index Prim. Supp. 'Basin Req. Req. _ CAMA Waters O YO N F--18-87-24-4 SC# F--130,624. 0.67 Y N Mitigation Wetland MltigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more Info? O Y (ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: 0 Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office has no objection to the proieect as pro on ased provided that turbidity does not exceed 25 NTUs outside of the boat basin and provided that no area is dredged that has not been previously dredged. All conditions of General Water Ouality Certification #3351 must be met. Written concurrence from DWO is not required, cc: Regional Office Central Office Page Number 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 10, 2003 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Mr. John R. Dorney Division of Water Quality 4 /f11I<r Doug Huggett Major Permits Processing Coordinator 10TEAQUALITYWt'1 CAMA/DREDGE & FILL Permit Application Review William H. Wendt 2509 Shandy Lane To construct a new 219' bulkhead, replace approximately 110' of old bulkhead, construct a new 6' x 50' floating dock and complete maintenance dredging within the boat basin. WETLANDS1401 MoUp Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 2, 2003. If you have any questions regarding the proposed project, please contact Jason Dail at 910-395-3900. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper I I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William H. Wendt 2. LOCATION OF PROJECT SITE: 2509 Shandy Lane, adjacent to an unnamed canal off of Bradley Creek, in Wrightsville Beach, New Hanover County. Photo Index- 1989: 4 174-4 Q-14 1995:22-254 Q-15 2000:22-272,H9-10 State Plane Coordinates - X:2355296 Y:168330 Rover File: 0-041014B 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/10/2003, 7/3/2003 Was Applicant Present - Yes (Agent) 5. PROCESSING PROCEDURE: Application Received - 3/26/2003, completed on 7/3/2003 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Land Classification From LUP - Resource Protection and Conservation (B) AEC(s) Involved: ES, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal sewer Planned - None (F) Type of Structures: Existing - Bulkhead, gazebo, pier and floating dock Planned - construct new section of bulkhead (200 ft.) and floating dock (6 ft. x 50 ft.). (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nRRDGRD FIT.T.F.T) nTNFR (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 6,000 sq. ft. (Open Waters) (open waters) 3,100 sq. ft. (high-ground) C Other (Spoil Area 20,000 s q. ft. (D) Total Area Disturbed: 29,100 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No Mr. Wendt Page 2 PROJECT SUMMARY: The applicant proposes to construct a new 219' foot bulkhead, replace approximately 110' of old bulkhead, construct a new 6' x 50' floating dock and complete maintenance dredging within the boat basin. 9. PROJECT DESCRIPTION: The project site is located at 2509 Shandy Lane, on a man-made finger canal adjacent to Bradley Creek, in Wilmington, New Hanover County. The lot is roughly 3 acres with approximately 800 ft. of shoreline along the canal. There is an existing two-story single family residence located on the property, as well as an existing swimming pool, 15 ft. x 10 ft. gazebo, 80 ft. x 6 ft. floating dock and a 110 ft. bulkhead. The property elevation averages approximately 6 ft. above mean sea level. Vegetation on the property consist primarily of live oaks, ornamental shrubs, landscaping and turf grass. The applicant obtained a CAMA Major Permit (# 51-84) in 1984 for maintenance dredging within the existing boat basin. The permit expired in December 1987, and has never been renewed. South of the boat basin there is a narrow strip of coastal wetlands, approximately 160 ft. in length and 10-12 ft. in width, adjacent to the shoreline on the waterward (eastern) side of the lot. Smooth Cordgrass (Spartina alterniflora) is the predominant species along the waterward side of the marsh border, while Sea Lavender (Limonium. spp), intermixed with Glasswort (Salicornia. spp.) and Spike Grass (Distichlis Micata), are found at slightly higher elevations. Sea Oxeye (Borrichia, rutescens) and Grounsel-bush (Baccharus halimi olia) complete the transition to the high ground. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the canal are classified SA by the Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and are CLOSED to the harvest of shellfish. The applicant is proposing to construct a new 219 ft. bulkhead along the southeastern side of the property to stabilize the shoreline, replace approximately 110 ft. of old bulkhead along the northeastern portion of the lot, construct a new 6 ft. x 50 ft. floating dock, which is also located along the eastern portion of the lot, and complete maintenance dredging within the boat basin to a maximum depth of -5.0 ft. at MLW. The applicant is proposing to remove approximately 600 cubic yards of material from the area within the boat basin and high ground area located where the new floating dock will be constructed. The dimensions of the dredging project would be 100 ft. x 60 ft. x -4.5 ft. deep at Mean Low Water (MLW), within the boat basin. In addition, a 30 ft. x loft. x -4.5 ft. high ground area would be excavated in order to facilitate the new 6 ft. x 50 ft. floating dock. The material would be removed by a barge mounted excavator, then placed onto the barge and transported to a designated high ground area within the project site. The proposed replacement of the existing 110 ft. long bulkhead, located along the northeastern section of the shoreline, will extend no further than 10' waterward of the Normal High Water (NHW) line. Essentially, 10 ft. of the new bulkhead will be free standing in order to incorporate the new 50 ft. floating dock. The free standing bulkhead should not impact any areas of coastal marsh. The terminal end of the bulkhead will be located within 1/4 of the width of the 80 ft. canal. Mrs. Wendt Page 3 10. ANTICIPATED IMPACTS: Aerial photographs indicate that the existing channel (boat basin), located east of the subject property, was dredged/constructed during the late 1970's. It appears that prior to that time, the subject property and adjacent channel were used as spoil disposal site for unknown dredging activities. The application package indicates that the proposed bulkheads and floating dock meet the current regulatory requirements for bulkheads, piers and docks. According to the applicant's site plan, the replaced bulkhead should not exceed 1/4 of the width of the canal, nor should interfere with navigation. Additionally, the replaced bulkhead should not extend further than ten (10) feet below MHW. The proposed project would create an additional 600 square feet of estuarine waters and public trust area. The proposed maintenance excavation would result in the excavation of 6,000 square feet of shallow bottom and 3,100 square feet of high ground disturbance. The project would create approximately 600 cubic yards of spoil material to be transported offsite. There would be increased turbidity levels during project activity, however, if timed to avoid periods of peak biological activity, no long-term adverse impacts are anticipated. Submitted by: Jason Dail Date: 7/10/03 Office: Wilmington Form DCM-M -1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name _l?S! f GG r a? ? f??D.r . Address ?SQ Cj S?? uDN ? ? City G State Zip Z t?p_q_ Day Phone Fax b. Authorized Agent: Name H 19 u E S Address 13 8 C"YE„ ;e .r Die. City lgrittr4GQ /q State Zip Day Phone g L - -& S33 Fax &Q-!3 -6S33 c. Project name (if any) < co G/4Ty NOTE' Perndt will be issued in name oj1=downer(J)# mid/or Project name. Z. LOCATION OF PROPOSED PROJECT County' O b. City, town com?unity-or landmark c. Street'address or. sgcondary road number - -??? ?l?7rlKD y ! d. Is proposed workyrithin.city limits or planning jurisdiction? ? yes No e. Name of body of wa nearest projec e.g. river, creek, sound, bay) ?QDC?y 3. DESCRII''rION A TD PLANNED USE OF PROPOSED PROJECT ' a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excaAtion and/or filling activities. b. Is the proposed activity maintenance of an existing project, new work, or both? off C. Will the projec use? t a for public, private or commercial Y d. Give a brief description of purpose, use, methods of construction and daily operations of 'proposed project. If more space is needed, please attach additnal pages. ou LW G, 42?400MD DdC? b4R it a G a CCm is NSI/?(G ?/? evfsed 03195 Form DCM-AIEP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract, b. Size of individual lot(s) lSl,/8- c. Approximate elevatio gf tract above MHW or NWL d. Soil type(s) and texture(s) of tract S,4n! a e. Vegetation on tract 6;RA.tS f. an-made features now on tract _0?cur,"T7 e, MM'S 0CJ LK J+eVDS AMC) fAA E:R ? g. What is the CAMA Land Use Plan land classification of the site? (Consult dw local land use plan.) Conservation Transitional Developed , . CQminunit ----, Other..,-.Y h•. -How is then tr red by.local, ggvernment2 i. Is the proposed Droject consistent with the applicable zoning? Yes No (,41100h Loring compliance ccrgicalc, (/applicable) j. Has a professional arch'aeologi'cal assessment been done for the tract? Yes 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 `eli ' 'l,e property? Yes No .. 1. Are iher6"Wedands on the site? .? Yes.. No Coastal -(marsh) _ Other • a If yes', has a delineatlon beer * conducted? (Anoch documentation, Ifa'vallable) in. Describe existing wastew ter treatment facilities. /Sl P 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.) W DAI& o. Describe existing n ing water supply source. 5. 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. • An accurate, dated work plat (including plan view and cross-Sectional drawings) drawn to scale in black ink ' on 'an 8 1/2" by 1." white. pgper. (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 Revicpa Avo.c Form DCNI-NIP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of die 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. Name ONfN clCs Address t'f?gAID Phone Name W Address 1U4 Phone Z c? I ?lm?M ?c , X450 ? Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 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 in 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 Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the ? ay of Afte-N_ Print Name 41q 1Z L-1& G IS Signature landow?ur or`i rite ?Ige • 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 irdet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I 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. Please indicate attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information DCM MP-3 ?DCM M9-4 Upland Development Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCNT-MP-2 EXCAVATION AND- FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint'Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Average Final Existing Project Length Width Depth Depth Boat ?xt5gnlo lOD? basin RQ4 30? Boat ramp Rock groin Rock breakwater G? ? - Sc•D ? "S.0 ? Other (Excluding shortline ctabiliution) 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 300 a., Y-0< b. Type of material to be excavated Ea 5lc--r c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic v?eg?e tion (SAVs) or other wetlands? Yes ?? No d. Highground excavation in-cubic yards yZ)5 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Cxls77,?l? GlZpSQE'D P. -QL l-jD LO cp 7-5-U b. Dimensions of disposal area -5 v&qs;4- Pc.4?y--m C. Do you claim title to disposal ,area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal aeta be available for future maintenance? ?/ Yes No If yes, where? P"'A cE Revised 03/95 orm DCM-NIP-2 Does the disposal area include any coastal wetlands (marsh), SAVs or o er wetlands? Yes No Does the disposal incl de any area in the water? Yes No S. SHORELINE STABILIZATION i. Type 9?4horeline stabilization ?/_. Bulkhead Riprap ). Length . 200 - Average distance waterward of MHW or NWL /qaov6' rJJfgW J. Maximum distance wale and of MHW or NWL e. Shoreline erosion during preceding 12 months &1WI-WOWAI _ (Source of information) f. Type of bulkhead or riprap material 7-A--D WoOD g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill vn/E h. Type of fill material S?4N to i. Source of fill material / WK/AtT&W*4 Lf- _ l?RsDmi.?tG If y I Amount of material to be placed in the ater (2) Di nsions of fill area (3) Purpose fill b. Will fill material be pla in coastal wetlands (marsh), SAVs or other we ds? Yes No If yes, . (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? 51t--r F:--r C-6 art. Sl?1714 LL J21 LIE b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?.. w a unl E 7Cc-W vie-ra c. Will wetlands be cr3ssed in trans ing equipment to project site? Yes 1No If yes, explain steps that will be taken to lessen environmental Impacts. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilizatlotr)??? a. Will fill materi a brought to site? Yes No r IVG c ?- Applicant , ame' Signature Date Revised 03/95 Form DCM-NIP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA M Permit, ajor e. Form DCM-MP-1. Be sure to complete all Moo I ring buoys other sections of the Joint Application which relate to " ( ) (2) -Commercial ._ Community private Number this proposed project. (3) Description of buo a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc.) (1) - Commercial -Community _ private (2) Number (3) Length (4) 4 Width (4) Width of water body ( ) Finger Piers Yes No (5) Distance buoy(s) to be placed beyond (i) Number shoreline (ii) Length (iii) Width f. Moor ing structure (boatlift, mooring pilings, etc.) 1qEId (6) Platforms) ? Yes No (1) Commercial -Community _ Private (i) Number / 146W (2) (3) Number Length (ii) Length (iii) Width (4) Width (7) Number of slips proposed (8) g. Proximity of structure to adjacent riparian Outer Give complete description) O9 9) property lines So' Width of water body /00' - ge-CE s c HqN N cam) - _ <"AI>S .. AIE PS S440 ON ANA-ppi2 ?4-S SfF (10) Water depth at waterward end of pier at O W N MLW or NWL `?_ b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length Or Applicant !tA) Signature as- Za-03 Date (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03195 TO BE REPLACED - J to EXISTING' : 80' PLATFORM r ? x-3 ` DECK 10'x 15' d x-4. A AREA OF MAINTENANCE DREDGING TO -5.0' MLW VA x? s ? o ?a EXISTING BULKHEAD AND HIGH GROUND AREA FOR STOCKPILE HIGH GROUND TO BE EXCAVATED OF EXCAVATED MATERIAL TO BE USED G AS BACKFILL FOR BULKHEADS, ?G EXCESS TO BE SPREAD Pte' ? / RETAINING WALL V (NO BACKF LL) MAINTENANCE DREDGING AND PLAN VIEW REPAIR AND NEW CONSTRUCTION SCALE: I"= 20' BULKHEAD AND FLOATING PLATFORM J WILLIAM H. WENDT / C 2509 SHANDY LANE WILMINGTON, NC 28409 / SHEET 1 OF 3 NEW BULKHEAD & RETAINING WALL 3 Z EXISTING BULKHEAD & BACKFILL 2 /n?W • TO BE EXCAVATED w .. . ._ G ? SECTION A - A' NEW BULKHEAD AND BACKFILL EXISTING BULKHEAD TO BE REPLACED 10, 200 SECTION B - B' /0 I NEW BULKHEAD & BACKFILL - ?? 7G' 'RAW, p - Il? L-t? -- c O? !D? SECTION C - C' SECTION VIEWS SCALE AS SHOWN MAINTENANCE DREDGING AND REPAIR AND NEW CONSTRUCTION 20? BULKHEAD AND FLOATING PLATFORM WILLIAM H. WENDT 2509 SHANDY LANE - WILMINGTON, NC 28409 SHEET 2 OF 3 ` i oV 5 ` oo? LOCATION MAPS MAINTENANCE DREDGING AND NOT TO SCALE REPAIR AND NEW CONSTRUCTION BULKHEAD AND FLOATING PLATFORM WILLIAM H. WENDT 2509 SHANDY LANE WILMINGTON, NC 28409 SHEET 3 OF 3