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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 ffllahwA A &14 ; 7*A A=== ?iiiiiiiiiiiii?iiilllk 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 This permit shall be effective from the date of issuance until rescinded and shalt be subject to the conditions and limitations as specified therein.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) x SEP 2 21997 DIVI SIU-' JF COASTAL MANAGEMENT Y f ?. f? ?i fill- ?s'6a3;;3 ?.?'YF?YeS si?3Fgg? S =?i sake} Ear ;r S. t;t} - r $:sEaY. VIN)$g y1§11piR h?3's§ a?` . I!p }I P ^•E; ..YiafSs? ?= S g s Yafy, ssJs3 fill } ai£ L' }fs y i jtiY y li I? 3 t / I flit g > # I j NN °k8 ? "sss g SS w y m a --- U u uuu / I / I / I ------------/ ¢ W^eg^"yoo1o $ $1n?@? ge gSaQ??5 ' ' ? H?Nyy nB e? ?d ? : CK? o S 3 ?+ vain _ o ? ?&ipy ?[ ^y y? `? ? NX F- Q?g??y 3? a,Hn.na•-eel , y } {y x N ia33???Ef o z=? ooo;;ooo?oo ? C?? Z ? W R2 0 L=? U 1\ LLI D / C L \ r Q •? < W I 1• I I I I I & I SRI ?I I -- I I I C-, I i I g? I I I I I i I I I I I I I I I I I I I I I I I I II I rwl r?l 8 C7ag r C • Z?: . Aw? o Z 0? ^ L n K 4 r i U 1 U O N _ Khz U aqin f o mnu? 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