HomeMy WebLinkAbout19970545 Ver 1_Complete File_19970708State of North C*
arolina _
Department of Environment, l f✓� .•:i
Health and Natural Resources)
Division of Coastal Management' ' :K
James B. Hunt, Jr., Governor f?,tT;
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
TO:
FROM:
SUBJECT:
Applicant:
Project Locations
June 6, 1997
Mr. A. Preston Howard, P.E., Director
Division of Water Quality
John R. Parker, Jr.
Major Permits processing Coordinator
N R
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DIRE 07--n& `q
CAMA /DREDGE & FILL Permit Application Review
Bogue Shores Homeowners Association/Joel Keith
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Adjacent to Hoop Hole Creek at 1918 W. Fort Macon Rd. on the north side of Atlantic
Beach in Carteret County
Proposed Project: To remove 5 boat slips that are unusable due to insufficient water depths, and extend the
dock waterward to construct 6 boat slips in an area with adequate water depths. Also
proposed is the extension of the fixed platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by June
27, 1997. If you have any questions regarding the proposed project,
2808. When appropriate, in -depth comments with supporting data is please contact Tere Barrett at (919) 808-
requested.
REPLY: ' / � -7
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
estron Plaza II, 151 B, Highway 24, Morehead City NC 28557 NII%4rc W��
Voice 919 - 808 -2808 FAX 919- 247 -3330 Courier 11 -12- 09 c An Equal Opportunity / Affirmative Action
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DIVISION OF COASTAL MANAGEMENT RlscFs
FIELD INVESTIGATION REPORT `l�,�y�
FN�,RO,yM�� X99%
1. APPLICANT'S NAME: Bogue Shores Homeowner's Association/Joel L. Keith
2. LOCATION OF PROJECT SITE: Adjacent to Hoop Hole Creek at 1918 W. Fort Macon Rd. on the north
side of Atlantic Beach in Carteret County.
Photo Index - 1995: #40 -492; gr. 17 -0 1989: #158 -8; gr. N -8
State Plane Coordinates - X: 2671500 Y:3523000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/23/97
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 6/02/97
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Atlantic Beach
Land Classification From LUP - Developed/Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Septic
Planned -None
(F) Type of Structures: Existing - Condominium, community pier, community ramp, swimming
pool, bulkhead.
Planned - Pier expansion
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
1)RF.T)CTF.T) FTf 7 FT) r)TT -TP ?
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Open Water
2004 sf
(D) Total Area Disturbed: 2004 sf
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: 4-&�v
8. PROJECT SUMMARY: The applicant proposes to remove 5 boat slips that are unusable due to
insufficient water depths, and extend the dock waterward to construct 6 boat slips in an area with
adequate water depths. Also proposed is the extension of the fixed platform.
Bogue Sound Homeowner's Association/Joel L. Keith
9. PROJECT DESCRIPTION:
6/06/97 PAGE 2
The project site is a 4.1 acre tract adjacent to Hoop Hole Creek located at 1918 W. Fort Macon Rd. in
Atlantic Beach in Carteret County. The site is presently occupied by a 149 unit condominium complex with
associated parking and infrastructure, a swimming pool, and a community pier and boat ramp to serve the
owners. There are 9 boat slips available on a "first come, first serve" basis. There is an excavated channel from
Bogue Sound through Hoop Hole Creek to the project site that terminates in a basin serving 3 adjacent docking
systems. The property is characterized by sandy soil and typical landscape vegetation. The average elevation
on the tract is approximately +5' mean sea level. The property is serviced by a private septic tank and municipal
water.
The tract is stabilized with a timber bulkhead wall. There is a fringe of Borrichia frutescens and S artina
a� approximately 6' wide at the location of the existing pier. This transitions to a fringe of S artina
alterniflora approximately 15' wide, before yielding to open water. The body of water is approximately 600'
across at the project site. Bottom composition in the area is sandy, and does not indicate the presence of
submerged aquatic vegetation in the immediate vicinity of the project. The waters of Hoop Hole Creek are
classified SA by the Division of Water Quality; the area is not designated Primary Nursery by the Division of:
Marine Fisheries; and the area is closed to the taking of shellfish for consumption. The Atlantic Beach Land
Use Plan classifies the property as Developed, with those areas within CAMA Areas of Environmental Concern
classified Conservation.
The existing docking system is located within the above mentioned basin in its extreme southwest corner.
The pier is 60' in length, with a 10' x 25' platform on the end. There is a dock extending northwest from the
platform for 49', 5' in width. Four finger piers and 9 mooring pilings delineate 9 boat slips available on this
structure. Five of the slips are on the landward, or south side, of the main dock, and offer ±1' of water at mean
low tide. The applicant proposes to remove the 2 finger docks and 6 mooring pilings at this location due to the
lack of available water depth. The proposal is to extend the dock for 45' in a northwest direction for additional
water access. Four finger docks, 3' x 24' are proposed on either side of this structure, with 4 associated mooring
pilings to provide for the mooring of 6 vessels. Water depths in the proposed location average -3' to -4' at mean
low water. The total number of available slips will be 10, an increase of 1 over the existing structure. The
applicant also wishes to extend the fixed platform at the end of the pier for another 20', 10' in width.
The proposed project will terminate ±80' from the riparian corridor to the west, and >_ 15' from the corridor
to the east.
State Permit #10 -94 was issued to the applicants for the re- configuration of the docking system and
construction of the ramp in 1994.
10. ANTICIPATED IMPACTS
The extension of the docking system will result in an increase in slips from the existing 9 to 10. This part
of the project will incorporate ±1804 square feet of Public Trust Waters, while eliminating ±675 square feet of
the same in the location of the existing dock. The extension of the fixed platform will add 200 square feet to the
existing 250 square feet of Public Trust incorporation from this structure. The total decked area of this project
outside of the pier will be 1325 square feet. Turbidity can be expected to increase during construction.
RECOMMENDATIONS - Rogue Shores Homeowner's Association/Joel L Keith
The 27 square foot rule defined in T15A.07H.0208 (b)(5)(D) applies to residential marinas, which, by definition
can accommodate more that 10 boats, or offer services, etc. By this definition, a community docking system
such as this project does not qualify for the Public Trust incorporation that a marina would because it is one slip
shy by definition. However, there is no section of the rules that addresses docking systems that fall between the
four slips for individual property owners, allowed 500 square feet of incorporation, and the 11 needed to qualify
for a marina. It would seem unlikely that the rules were written to encourage additional docking spaces be
constructed in order to benefit from the square footage available for a community marina. There can be no
individual piers constructed on this property with 152 linear feet of water frontage because there is no individual
ownership. Therefore, I would consider that the most applicable rule for this project would be- the
aforementioned 27 square foot rule. As such, the applicant qualifies for 4104 square feet of Public Trust
incorporation, and is utilizing 2004 with the proposed project.
I recommend the project be authorized as proposed contingent on the following conditions:
1) The DOCKING FACILITY will display a sign showing the location of the NEAREST pumpout facility,
including other appropriate waste disposal information, at the entrance and exit from the main pier.
2) No sewage, whether treated or untreated, shall be discharged at any time from boats using the DOCKING
FACILITY. Any sewage discharge at the DOCKING FACILITY shall be considered a violation of this permit
for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
3) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that
are expressly and specifically set forth in the permit application. No other structures, whether floating or
stationary, may become a permanent part of this DOCKING FACILITY without permit modification. No non -
water dependent uses of structures may be conducted on, in, or over public trust waters without permit
modification.
4) The PIER and associated structures shall have a minimum setback distance of 15' between any parts of the
structure and the adjacent property lines as extended perpendicular to the channel into the water at the points
where they intersect the shoreline.
Foam DCM -MP -1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
I. APPLICANT - �yr� 'Qe�`
C. Street address or secondary road number
a. Landowner: — 9/ 8 �!/, i ",1- �ncn �r'� �� /.Y/,
Name 1302tec Proposed work within city Iimits or planning
jurisdiction? -V ' . Yes No
Address ? 0.
e. Name of body of water nearest project (e.g. river,
State y C creek, sound, bay) floo,o fro% e - «/c
Zip 2 S S S 7 Day Phone 9137- -,2117 - ? 711.2
Fax
b. Authorized Agent:
Name .%e / /, Ae,t-
Address 4/&/ '?a/
City AV4,(c /'oi�sl" State /L C.
Zip 17S'8 % Day Phone ?it?-g3.2-34V3_
Fax 9/9 -9 .2 1- /76'7
c. Project name (if any) ,c Ske, slo.--s
NOTE. • Permit %W be issued in name of landowner(s), and /or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County C'A,"1f-,,'e �
Re Aed 03195
3. DESCRIPTION AND PLANNED USE
OP PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/Qr filling activities.
1W C01
b. Is the proposed activity maintenance* of an existing
project, new work, or both? -Zat
c. Will the project be for public, private or commercial
use?
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. 6— is /' J mt, Ge
aw.v if •C9KfSf Tt'
Ntw t/i E?S !.r/ /�� %e- CJ,rsirvef./ nT
O.Y. tj;y� i �/'. /� .Yfrifip� lY�oi',ri ciOCK
/6 1,, -2 o
M
MAR 14 1997
Form DCM -MP -1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract I/. /C Acres
b. - -Size of individual lot(s) A iA
c. Approximate elevation of tract above MHW or ,
NWL
d. Soil type(s) and texture(s) of tract
.Sir e►t y
e. Vegetation on tract gr.v :s
f. Man-made features now on tract /y1 &,w credo
It,, t�� ri-
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
x Developed Community
Rural Other
h. How is the tract zoned by local government?
%(S♦r% ��M/yr /G /s
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance cer fficate, Yapplicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. , Is the project located in_" a National Registered
rHistoric District or does it involve a National
Register listed or eligible property?
Yes _ No
1. Are there wetlands on the site? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
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.)
o. Describe existing drinking water supplly 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 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.020' 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 -1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
o 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
czo
—/'
Address
0 36 .r VIV S
Phone
�r /.4 /s Ts /c , ti e: .2 9,,01 -9
DCM MP -5
y /s -:eSV -9' 3
Name
Co /41 C-49 % ��,•. <i +,v /�c/�e�
Address
% o. 180.e a 7 -7
Phone
/f'.:vsi'v,V N. c 2 fl s-o /
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 8 day of ^%,e_I , 19 017
Print Name Jo-el
Signature
dg�ilvvner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP -2
Excavation and Fill Information
DCM MP -3
Upland Development
DCM MP-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 of each form.
t i
Form DCM -MP-4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and /or Pier(s)
(1)
.Y Commercial _Community X Private
(2)
Number /
(3)
Length _ 14 5
(4)
Width S'
(5)
Finger Piers _ r Yes No
(i) Number Y'
(ii) Length .2 `/ "
(iii) Width 3'
(6)
Platform(s) X Yes No
(i) Number
(ii) Length 20 "
(iii) Width /0'
(7)
Number of slips proposed Si=t'
(8)
Proximity of structure to adjacent riparian
property lines L4Qa /v,r 8 0 '
(9)
Width of water body Ao »io r
(10)
Water depth at waterward end of pier at
MLW or NWL S'
b. Boathouse
(including covered lifts) .y�
(1)
Commercial Private
(2)
Length
(3)
Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Revised 03195
e. Mooring buoys *�f
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
/1/0.✓ e
(4) Width of water body
(5) Distance ' buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
.joe/ �c�f'fi
Applicant or Project Name
SkZture
Date
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