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