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HomeMy WebLinkAbout19970102 Ver 1_Complete File_19970714State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: ..........rroswwsrwwwwwrwr February 7, 1997 tv A14 [DEHNF=1 TO: Mr. A. Preston Howard, P.E., Director Division of Water Quality FROM: John R. Parker �So Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jim Griffin /Lands End at Windy Point Estates .fin Project Location: Near the western end of SR 1138 in the Supply Township of Bak Co Proposed Project: The development of an 8 acre tract into a single family residential subdivision and the construction of a 4' x 240' pier with a 16' x 10' L -Head for pedestrian use by the subdivision lot owners Please indicate below your agency's position or viewpoint on the proposed project and return this form by Feb 28, 1997. If you have any questions regarding the proposed project, please contact Jerry Parker at extension 254. 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. e e; z*s.. bprow w: ,11LO Fel e c SIGNED 'C tz_- S (-__1 t' k / � t— DATE ---)_ _t f —ci '-7 127 Cardinal Drive Extension, Wilmington, N.C. 28405 -3845 • Telephone 910- 395 -3900 • Fax 910 -350 -2004 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Lands End At Windy Point Estates 2. LOCATION OF PROJECT SITE: Near the western end of SR 1138 in the Supply Township of Brunswick County Photo Index - 1995: 4 -34 grid 14,15 L thru Q 1989: 191 -8 grid 9 -12 , VED State Plane Coordinates - X: 2194000 Y: 59600 FEB 14 IM 3. INVESTIGATION TYPE: CAMA /D &F ENVIRONMENTAL SCIENCES 4. INVESTIGATIVE PROCEDURE: Date of Site Visits 1 -23 -97 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received 1- 30 -97: Office - Wilmington 6. SITE DESCRIPTION: (A) Local -Land Use Plan - Brunswick County Land Classification From LUP - Urban Transition (B) AEC(s) Involved: PT,EW,ES CW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Septic Systems (F) Type of Structures: Existing - Graveled cul -de -sac Planned Single - family residences, community walkway & pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED IMPACTED (A) Vegetated Wetlands 536 sq. ft. (B) Incorporated Estuarine Shoreline and 548 sq. ft. Public Trust Waters (C) Other (D) Total Area Disturbed: 1084 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY - The applicant proposes to develop an eight acre tract into a single family residential subdivision and construct a 4' X 240' pier with a 16' X 10' L -head for pedestrian use by subdivision lot owners. Lands End Subdivision Page Two 9. PROTECT DESCRIPTION The project site is located approximately 500 -600 ft from the western terminus of SR 1138 in the Supply Township of Brunswick County. The property is situated near the point at which the AIWW and the mouth of the Shallotte River intersect. It is bordered by SR 1138 which runs parallel to the AIWW on it's southern side and Shallotte River on it's western side. A recently graveled road extends north from SR 1138 the length of the site and culminates into a cul -de -sac. All of the lots have been platted and are assessed by the existing graveled road. The entire property is approximately eight acres divided into 1 \2 acre lots intended for single family residences. Lots 1 through 9 are waterfront lots which border Shallotte River, however, there was no navigable water within hundreds of feet of any of the lots. The area adjacent to the waterfront lots can best be described as densely vegetated coastal wetlands comprised mostly of Soartina alterniflora and Juncus roemerianus. The applicant has obtained a ten foot easement extending south from SR 1138 to the AIWW. Within the easement, the applicant proposes to construct a four foot wide walkway and pier elevated over coastal wetlands, extending into the AIWW, and terminating in a 10' X 16' L- Head. The total length of the proposed walkway, pier and L -Head is approximately 240 ft. The proposed pier and L -Head would have been permissible under a General Permit, but came under CAMA major permit review when it was disclosed that it would be a community pier for the exclusive use of residents of the proposed Lands End Subdivision. That disclosure also brought the proposed subdivision under CAMA major permit review. Within the area proposed for the subdivision site, all waterfront and marshfront property will have approximately 50 to 80 ft easements at the waterward ends of which the applicant will retain ownership. They will be recorded as parcels 1 -A through 9 -A and will be for the exclusive use of the lot located adjacent to the easement area, i.e., Lot 1 has exclusive use of Easement Area 1 -A, Lot 2 has exclusive use of Easement Area 2 -A, etc. The subdivision covenant prohibits the construction of any walkways in the easement areas unless approved by the developer and approved in writing by Windy Point Estates, Inc. It was disclosed during conversation with the applicant that the intent of retaining ownership of the easements is to limit the length of walkways to the waterward boundary of each parcel and prohibit the construction of piers hundreds of feet long to reach the deeper waters of Shallotte River. The surrounding waters of Shallotte River and the AIWW are classified as SA waters by the Division of Environmental Management. The waters adjacent to the site are not Primary Nursery Areas. All adjacent waters are open to the taking of shellfish. 10. ANTICIPATED IMPACTS The upland portion of the proposed project would convert eight acres of sparsely wooded, undeveloped property to a residential development. This site has been cleared and vegetation thinned in the past in order to give it the appearance of a subdivision by the owner, but there has been no development within 75 ft of MHW nor in coastal wetlands. Since the applicant does not propose to build residences but only to sell the lots, the built -upon surface cannot be calculated with any degree of accuracy. However, adherence to rules concerning 30% lot Form DCM -M -1 APPLICA'i'10N (To be completed by all applicants) J/ —b. IC ,tow ,community or landmark 1. APPLICANT �U NOV 19 1996 OF DIVISION c. Street address or secondary road number a. Landowner: COASTAL MA14AGEMENT Name 1ti o o y A//y% C5.71t ies d. Is proposed work within city limits or planning n jurisdiction? '-' Yes No Address 3 F 2 0 �/'l /�i� j/ /'�, l�p� S14 e. Name of body of water nearest project (e.g. river, City sU /J,0 t �/ / State IYL creek, sound, bay) To i np ccastAL, w t� Zip fV6 Z Day Phone I to fY1 -73(43 Fax 8Y2- _ 2/a/ 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name t C/0 /' 1� Address 3 711 City I5uv' �Si State Me' Zip 7 FY6 Z-- Day Phone M Z/o d Fax Lzo / c. Project name (if any) CA-45 b-41) h-r NOTE.- Perndl will be issued in nano of landowner(s), and /or project name. 2. LOCATION OF PROPOSED PROJECT a. County a R (A.tu w %(A<, Revised 03/95 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and /or filling activities. — 2I b. Is the proposed activity maintenance of an existing project, new work, or both? N I-W by a R#4_ c. Will the project be for public, private or commercial use? ? r? % V Al 6 S'.i5M15trP4 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. Pt- bvs-rrz.,AM 1n Scr- 2 -Pv-1 vPrTe Su is DiyIpsioti Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract b. Size of individual lot(s) I P�C Re 5 t APsE l ) 112 ��C1ZE c. Approximate elevation of tract above MHW or NWL 14- FT m. Describe existing wastewater treatment facilities. NcN's 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.) 5k 4� CE R 1 rr a rF d. Soil type(s) and texture(s) of tract _ o. Describe existing drinking water supply source. yA7VVk1 tom e. Vegetation on tract W �� NOV 19 1996 DPI'c'r` f. Man-made features now on tract RDA1D"A n �1T� LAY4 vs FN P W hi , (A 11 L-11 «-5 � s T ~�.r���T1�N "L INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed '— Community Rural Other h. How is the tract zoned by local government? R--7 57,7,7 i. Is the proposed project consistent with the applicable zoning? � Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological 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 eligible property? _ Yes 4— No 1. Are there wetlands on the site? Yes No Coastal (marsh) __-) Other If yes, has a delineation been conducted? (Attach documentation, if available) 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. • 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 t-�Rw �CRoL -C,� Address Se 9 q' L' o n gc rw ' L^,qd' Phone W I Lw, ►r44o-[crl , N L 7,1 CIO —'749 '� l?d6L Name Address Phone Name rJP -9/v* Address J27 ��oN- L�veo fin, �'f%RCCTT��L Phone -7v�L -3br -?Y 17 ZS 7-// • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. -W 93 o/a% STo?- n-Wmrz Rania�!= — *4 /0/,v r /u&jfl DEPT- nF Ti AvS b¢CA -t,-' Cot Pv Ertcc0Seb • 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. Revised 03195 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 76 day of 192k. Print Name Je", Signature r Landowner 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 11 ' ace ro ' ed ottom of each form. 1 NOV 19 199(S `i DIVISIO!v OF COASTAL MANAGEtM -' iJ r Form DCM -MP4 I I S NOV 1 °199 Lid s (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) — Commercial $Community — Private (2) Number 1 (3) Length ___2_L�o (4) Width '+ 1 (5) Finger Piers Yes_ No (i) Number (ii) Length (iii) Width (6) Platform(s) __�( Yes No (i) Number (ii) Length i b l (iii) Width �� 1 (7) Number of slips proposed tj IA- (8) Proximity of structure to cent riparian property lines low /6 (9) Width of water body T�ic�G'o,��itc G✓fNJI, (10) Water depth at waterward end of pier at MLW or NWL — _T• V b. Boathouse (including covered lifts) t"p'A (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.) rJ.IK (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 DIVISION OF COASTAL MA14AGEMENT e. Mooring buoys /J 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 f. Mooring structure (boatlift, mooring pilings, etc.) /v/ _ (1) — Commercial — Community — Private (2) Number (3) Length (4) Width g. Other (Give complete description) 1 ✓ /Nos/ �' „>✓� ����� �.�,� Applicant or � jec�`�2 %� Signature 1,3v�9�o Date