HomeMy WebLinkAbout19970947 Ver 1_COMPLETE FILE_19971030JAN.-12'98(MON) 18:17 DEHNR COSTAL MGMT
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
TEL:919 733 1495 P. 002
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1DEHNR
May 22, 1996
Mr. Charlie Runyon
Joshua's Landing, L.L.C.
Post Office Box 631
Wrightsville Beach, North Carolina 28480
Subject: Permit W Q.
Joshuarai sing' `
Low Density Subdivision Stormwater Project
New Hanover County
Dear Mr. Runyon:
The -.dilmington Regional Office received the Stormwater Application for Joshua's Landing on March 21, 1996,
with final information on May 8, 1996. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We
are forwarding Permit No. SW8 960323 dated May 22, 1996, to Joshua's Landing, L.L.C..
This permit shall be effective from the date of issuance until rescinded and shalt be subject to the conditions
and limitations as specified therein. and does not supercede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina
General Statutes, and tiled with the Office of Administrative Hearings, P.O. Drawer 27447. Raleigh., NC
276 1 1-7447. Unless such demands are made this permit shall be final and binding.
N you have any questions, or need additional information concerning this matter, please contact either Greg
Stutts or me at (910) 395-3900.
Sincerely, U R, 00I& H v M
SEP 2 21997
Dave Adkins DIVISlou. OF
Regional Water QuaM9-t§fAWJ4Al4AGEMENT
DAlges: SAWQS\STORMWAT\PERMM960323 -MAY
cc: Robert H. GosIee, R.L.S.
Alan Golden, New Hanover County Inspections
Wilmington Regional Office
Central Files
Greg Stutts
P.O. Box 29535, Raleigh. North Carolina 27626-0535 Telephone 919-733-5083 FAX 919.733-9919
An Equal Opportunity Affirmative Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Joshua's Landing Owners Association / Charles Runyon
2. LOCATION OF PROJECT SITE: adjacent to Hewletts Creek, at Joshua's Landing
Subdivision, Leeward Lane, off Greenville Loop Rd., New Hanover Co.
Photo Index - 1995: No coverage 1989: 4-178-29 E,F 2-5 1984: 18-223 E,F 18-22
State Plane Coordinates - X:2347600 Y: 162600 (Wrightsville Beach Quad. Map)
3. INVESTIGATION TYPE: CAMA 9 YZ O !D 41
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/15&22/97
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 9/22/97
Office - Wilmington G%
6. SITE DESCRIPTION: %
(A) Local Land Use Plan - New Hanover Hano
Land Classification From Conservation/Resource Protection
?.
(B) AEC(s) Involved: EW,PT
(C) Water Dependent: Yes
(D) Intended Use: Private (Community)
(E) Wastewater Treatment: Existing - County Sewer system
Planned - N/A
(F) Type of Structures: Existing - 10 lot subdivision
Planned - Three (3) piers with a total of 10 boat slips
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7.
(D) Total Area Disturbed: 2925 sq.ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Closed
8. PROJECT SUMMARY: The applicants propose to construct three (3) piers with a total of ten
(10) boat slips to provide water access for property owners of the subdivision.
HABITAT DESCRIPTION: [AREA]
Joshua's Landing Owners Association
Page 2
9. PROJECT DESCRIPTION
The project area is located on Hewletts Creek, off Greenville Loop Road and Leeward Lane, in New
Hanover County, NC. The applicant is developing a new subdivision called Joshua's Landing . The 5.03
acre tract is approximately 210 feet wide on the creek and 1100 feet in depth. The property was originally
a large tract with a single home site. The applicant has purchased the property, removed the old house and
subdivided the tract into ten (10) lots. The highground consists of the grassed yard area and garden plot for
the original home, with scattered Live Oaks through the tract. A paved access road has been constructed
which terminates in a cul-de-sac, approximately 300 feet from the creek. There is a common easement
between the two waterfront lots and along the shoreline to allow water access for the inland property owners.
Along the shoreline there is a border of Smooth Cordgrass S artina alterniflora) approximately 80-120 feet
wide. As this inter-tidal marsh transitions to uplands, other coastal wetland species include: Black Needle-
rush Juncus roemarianus), Salt Meadow Grass S artina patens , and Sawgrass (Clad ium jamaicense).
Marsh-Elder and Wax Myrtle shrubs complete the transition to upland plant species. Waterward of the
vegetated coastal wetland border, there are extensive mud flats, marsh islands, and oyster rock.
The Hewletts Creek tidal basin is approximately 900 feet wide in the project area. The channel on the
project's side of the creek is approximately 80 - 90 feet wide, and is located approximately 200 feet
waterward of mean high water (MHW). The NC Division of Water Quality's water classification for
Hewletts Creek is SA. This part of Hewletts Creek is closed to shellfish harvest. Hewletts Creek is a
designated primary nursery area (PNA), by the NC Division of Marine Fisheries.
The applicant proposes to construct three (3) piers to provide water/boating access to the new subdivision's
property owners. As stated in the narrative, three small piers are proposed to try and maintain the single-
family residential character of the area. The piers would extend from the common water access easement.
The three piers would be 130 feet, 154 feet, and 161.5 feet long by 5 feet in width. The two outside piers
would have a 36 feet by 5 feet floating dock, perpendicular to pier, with four mooring pilings waterward
creating three boat slips per pier. The center pier would have the same arrangement, but with a 45 feet by
5 feet floating dock, and five waterward pilings to complete the remaining four boat slips.
10. ANTICIPATED IMPACTS
The proposed community dock would incorporate 2925 square feet of public trust area and estaurine waters.
The construction of three piers, rather than one would increase the impacts to the marsh, both at installation
and potential shading impacts of the walkways. The project would provide water access for the ten lot
owners.
Submitted by: E.F. Brooks Date: 10/6/97 Office: Wilmington
Recommendations for State Permit - Joshua's Landing Owners Association
The applicant has already constructed two of the three piers proposed in this application by obtaining Pier
Exemptions from the local permit officer. DCM staff was alerted of the project by neighbors and stopped
the applicant's work. The applicant stated that he had read the exempt pier rules and had assumed that he
qualified for the exemptions since he had no more than four slips per pier and they were, by his
interpretation, private piers. The applicant was apprised of our definition of a community pier and hence,
filed the above application. He has stated that should he not receive the requested permit, the piers will be
used by the riparian lot owners for their personal use. However, the subdivision lots are still being marketed
as lots with boat slips.
Irrespective of whether the applicant made a pointed attempt to skirt our regulations, or whether he
innocently misunderstood the rules, the proposed project appears consistent with our current regulations for
piers. The use of three piers triples the installation and shading impacts of the facility, but would still be
within existing standards for individual piers. Still for a community application, a single pier access to the
floating docks could be required. I recommend applicable standard pier conditions be included in any permit
issued for the project. Further, since the project area is a PNA, a condition stating that there shall be no
dredging associated with this facility, now or at any time in the future should also be included.
I
JOSHUA'S LANDING
Community Pier Permit Application
NARRATIVE
JOSHUA'S LANDING, a 10 lot
water access to Hewlett's
the property owners use.
to preserve a residential
will be for of the use of
only.
subdivision, is requesting a permit for
Creek by piers and floating docks for
The use of 3 piers was chosen in order
character to the project. The facility
the 10 lot owners of Joshua's Landing
The project consists of 3 piers with ramps and floating docks
constructed of wood secured to the creek bottom by 8" round
pilings sunk 8' into the creek bottom.
Construction Methods:
Foundations for the piers will be by water jet injection of
8" round pressure treated wood pilings.
The frame of 2 X 8 pressure treated wood stringers and joists
will be secured to the pilings by galvanized 1/2" thru Bolts.
The decking will be 2 X 6 pressured treated wood nailed to
the frame by galvanized 16d nails.
The ramps and docks will be the wood decking of wood frames
floatation material secured to 8" pilings. The boat slip
positions will be 12' wide and 20' long.
The outward end of the boat positions will be 8" round
mooring pilings used to secure lines to the boat.
D Rr
SEP 2 21997
DIVIS10j, OF
COASTAL MA14AGEMENT
Form DCM-MP-1
.APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Greenville Sound
a. Landowner:
c. Street address or secondary road number
End of Joshua's Landing off Leeward Ln.
Name - JOSHUA'S LANDING OWNERS ASSOCIATION - d. Is proposed work within city limits- or planning
c/o Charles unyon jurisdiction. yes No
Address 6726 Netherlands Drive Unit 600
e. Name of body of water nearest project (e.g. river,
City Wilmington State N. C. creek, sound, bay) --Hewletts Creek
Zip 2.8405 Day Phone M L ?,7TT1
Fax 910-313-0613 Di DESCRIPTION AND PLANNED USE
SEP 2 21997 OF PROPOSED PROJECT
b
Authorized Agent:
.
D 1 V I S{ O,, J F
oASTAL MM4AGEMEa T
Name Charles E. Runyop List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address 6726 Netherlands Drive Unit 600 Community Boat Docks
10 Boat Positions
City Wilmington, State N. C. Existing 10 lot subdivision
Zip 28405 Day Phone 910-313-2717 b. Is the proposed activity maintenance of an existing
project, new work, or both? New
Fax 910-313-2717
c. Will the project be for public, rivate or commercial
?
y
use? Private - Communs,
c. Project name (if any) JOSHUA'S LANDING
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
Nor: Pernit w0 be fssua in names of lmda*ner(x), midlor project. If more space is needed, please attach
P
additional pages. Proposed comminity .,dock
proles na"w will be 3 - 5'
wide piers to access 3
floatincr docks that contain 10 boat
positions for the use of the 10 lot
2. LOCATION OF PROPOSED owners of Joshua's Landing, the property
PROJECT owners in this application.
(See narative for additional information)
a. County New Hanover
Revised 03/95
Form DCM-MF-1
4. LAND AND WATER
m. Describe existing wastewater treatment facilities.
New Hanover County public sewer
CHARACTERISTICS
a. Size of entire tract 5.03 Acres.
b. Size of individual lot(s) sp--t=-? achad p
c. Approximate elevation of tract above MHW or
NWL varies from 2.5 to 21 elevation
d. Soil type(s) and texture(s) of tract
Sandy_ soils . north end: Lakeland soils
Clay soils: Craven soils
e. Vegetation on tract
f. Man-made features now on tract New street
and utilities
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.)
Surface Runoff_`?
o. - Describe existing dfinking water supply source.
Cape Fear Utilities
Community water system :
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (consuls the iocat kind use pima.)
Conservation Transitional
Developed Community
Rural X Other=Resource-
Protection
h. How is the tract zoned by local government?
New Hanover--County = R-20
L Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning c n pfiance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
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 (includingplan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1R" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
k. Is the. project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger. plats are acceptable only if an
Yes X No adequate number of quality copies are provided by
licant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? ' cc V inerrs regarding that agency's use of larger
Coastal (marsh) x Other wings.) A site or location map is a part of plat
If yes, has a delineation been con ? X 197 irements and it must be sufficiently detailed to
(Attach do=nwn=don, if available) see SEQ % 2 guide agency personnel unfamiliar with the area to the
Ow;CS.kO" JF MENT
G0p?STAL MP11Ap•GE
Form DCM-MP-1
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.
Name William & Hanna GAGE
Address 6046 T.apward Ln _ , Wi 1 mi nZton 840
Phone 910-790-9375
Name Wi 11 i am F. C'RFDT,F
Address 6126 Leeward Ln.. Wilmington 28409
Phone 910-392-3597
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.
• 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.
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 19th day of Sept. , 1997 .
Print Nam les . R y
Signature
Ztmdowner or Amahorized Agem
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM W-4 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 ch form.
D CO j H?7; DO
SEP 2 2,1°97
DIVISIU- ?)F
COASTAL MANAGEMENT
Revised 03!95
Form DCM-MP-3
UPLAND
DEVELOPMENT
zFP22.1ss,
(Construction and/or land disturbing activities) -
DlViSiC3,, 01=
EXISTING APPROVED APPLICATION COASTAL MA14AGEMENT
Attach this form to Joint Application for CAMA Major h.
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed 10 Residential lots
b. Number of lots or parcels 10 lots
c. Density (give the number of residential units and the
units per acre) 10 lots = 1.9 DU per Acre
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. 3 Acrt:as
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? x_ Yes No
If yes, date submitted March 21, 1996
Approved May 22,1996
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Asphalt Street
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 0 °
i.
Projects that require a CAMA Major Development
Permit,may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
X Yes No
If yes, date submitted Mart-h 21 , c)%
Approved May 22, 1996
Describe proposed method of sewage disposal.
New Hanover County Public Sewer
j. Have the facilities described in Item i. above
received state or local approval? Yes
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Surface runoff with residential discharge
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Car)e Fear Utilities
Community Water System
m. Will water be impounded? Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded?
Jos a's Landin ers Association
or 'ect
Signature By : Charles E. Runyon
September 19, 1997
Date
Form DCM-MP-4
STRUCTURES.
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e.
Permit, Form DCM-MP-1. 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) _ Commercial X Community _ Private
(2) Number 3 Piers
(3) Length 130' to 180'
(4) Width 5 feet
(5) Finger Piers Yes X No
(i) Number
(ii) Length f
(iii) Width
(6) Platform(s) X Yes No
(i) Number 3
(ii) Length 2 - 36' & 1-48'
(iii) Width 5 feet
(7) Number of slips proposed 10 g
(8) Proximity of structure to adjacent riparian
property lines 40' East side & 60' West side
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL 1-3 feet
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
.(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) . Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Mooring buoys N/A
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription; size, anchor,-etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -X-Community Private
(2) Number 13 Pil:hgs for 10 Boats
(3) Length
(4) Width
Other (Give complete description)
O A'S PkMI
S ASSOCIATION
App t or PIC, e
Signature By : Charles E. Runyon
September 19, 1997
Date
I
??4D
D
SEP 2 21957
DIVISION, Jr
COASTAL MA14AGEMENT
Revised 03/95
FLkl)
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SEP 2 21997
DIVI SIU-' JF
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JAN.-12'99(MON) 18:17 DEHNR COSTAL MGMT
NL UWW WU LNV5Li hax=919-116-5-yyb9
PFU8 t-It" Fax Note 7671 Date a
Prom PaOea?
pept e # P hone #
733 9c t9 Fax#
odtaber 8. 1997
P. 001
TO: Mr. A. Iireston floward, PI., -Director
?
Division of Wat& _Qpaiit?y
FROM: John R.'arlter s
Major Permits process Coordinator
UB 'CT• CAM MEDOE & ]HULL LL Permit Application Review
Applicant: 3oshua's ing• Owners Assoc/c/o Charles Runyon
Project Location'. adj 10 ewleUs •?Creelc at _Joshua`.s Landing S/D' off Greenville Loop Road in
Wilthington, in New Hanover County
Proposed Project: ' To constrCct three (3),Okrs with a total of 10 boat slips to proYide water access
for the property, ownets
please indicate bblow your ai et Y?b p,'sitiO or viewpoiit o? the rbposed project uttd retain this Yorm
a gus regard?g $11"iiogoscdprfl.?t. please 40aaet E. F.
eve in"
by October28, L•9?A7. If you y 4 data is i nested.
Brooks at extensi6n, 247. 'When ap?irdprla.W, in-depth'cbnliib" with supporting eq
REPLY:
is. agency has no objection to thb project as proposed.
This agency lure ? no* c6mment on. the prof .md project.
tuff if dig reeormsde,1 cd dhar$es are
Y
This a&e ey approves of : lihe W.0itcx
inco7rpokated. See att'ached.
This agency vb}r~ets to tko-project for ttijons.doscribed in the attached eota mats.
SIGNED
127 Cerdinel Dr? a extension.
i, N.C. 234 846 a Telephone 910-395-3900• a fax 010-360.2004
{opportunity IAffirrWive A960n' Employer
TEL:919 733 1495
Uct 23 '97 1031 P. C1i01