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HomeMy WebLinkAbout19970480 Ver 1_Complete File_19970609,State -of North Carolina Department of Environment, Health and Natural ResourceCECEI VED Wilmington Regional Office Division of Coastal Management Jv?,i 3 19 James B. Hunt, Jr., Governor BY-. Jonathan B. Howes, Secretary Roger N. Schecter, Director June 2, 1997 IU 1� J yi F-)EHNR TO: Mr. A. Preston Howard, P.E., Director Division of Water Quality FROM: John R. Parker Major Permits Processing Coordinator V111 SUBJECT: CAMA /DREDGE & FILL Permit Application Review Applicant: Norris Rayfield and Jill Gaster Project Location: Lots 47 & 48 on Walden Pond Lane in the Winding Creek S/D near Southport, in Brunswick County Proposed Project: The construction of a 4' x 472' pier with a 8' x 14' stationary dock and two 6' x 10' floating docks on the riparian corridor line between their lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 24, 1997. If you have any questions regarding the proposed project, please contact Jerry A. 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. W"?c p;to( SIGNED ' "_1 ' (- V_ ' i-, k' \,,' t I— DATE L - -- �4 q -) 127 Cardinal Drive Extension, Wilmington, N.C. 28405 -3845 • Telephone 910 - 395 -3900 • Fax 910 - 350 -2004 An Equal Opportunity Affirmative Action Employer 2. 3. 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Norris Rayfield & Jill Gaster LOCATION OF PROJECT SITE: Lot 47 and 48 on Walden Pond Lane in the Winding Creek Subdivision near Southport in Brunswick County, NC. Photo Index - 1995: None 1989: None 1984: None State Plane Coordinates - X: 2320000 Y: 81200 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 25, 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 5 -8 -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: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - N/A Planned - Pier and floating docks (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands • 1888 sq. ft. Coastal wetlands - Shaded (B) Non - Vegetated Wetlands (C) Other 232 sq. ft. Open water - incorporated (D) Total Area Disturbed: 2120 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: Closed to shellfishing 8. PROJECT SUMMARY: The applicants propose to construct a 4 X 472 ft. pier with a 8 X 14 ft. stationary dock and two 6 X 10 ft floating docks on the riparian corridor line between their lots. Page 2 Rayfield & Gaster 9. PROJECT DESCRIPTION The project site is located within the Winding Creek Subdivision at Lots 47 and 48 on Walden Pond Lane adjacent to Nancy's Creek near Southport in Brunswick County, NC. The Winding Creek Subdivision is located off Bethel Road (SR 1525) off NC Hwy 133. The applicants are two adjoining riparian owners. The lots are approximately 0.7 and 0.8 acres with an elevation of approximately 18 ft above mean high water. The combined waterfront footage of both lots is over 200 feet. There are no structures on the lots which are sparsely covered with trees and underbrush. Vegetated wetlands adjacent to the lots consist almost exclusively of Juncus romerianus mixed with Spartina alterniflora and extends approximately 470 feet before reaching open water. The Brunswick County Land Use Plan classifies the area as Urban Transitional. The adjacent waters are classified as SC waters by the Division of Environmental Management. The adjacent waters are classed as Primary Nursery Area by the Division of Marine Fisheries but are closed to the taking of shellfish. The applicants propose to construct a 4 X 472 ft. pier to open water centered on the surveyed riparian corridor line between their properties. The pier would begin at or about mean high water and extend waterward elevated over the Spartina alterniflora and Juncus roemerianus marsh to open water to reach an approximate 4 ft. mean low water contour. The applicants are also requesting a 8 X 14 ft. stationary dock and two 6 X 10 ft. floating docks at the end of the pier. All structures and pilings are proposed to extend no greater than 1 \3 the width of the water body. The westside adjacent lot ( #46) has uplands which extend further waterward and expands to a point projecting into what appears to be the riparian corridor of Lot 47. Due to that unique shoreline configuration, a portion of the stationary dock and one of the floating docks will extend approximately 11 ft into the 15 ft riparian setback area adjacent to Lot 46 on the western side. However, the applicants have presented a copy of the deed for lot 46 in which it is stated that the owners of lot 47 may "construct, maintain and repair a pier or dock facility which may encroach upon the current or future regulatory setbacks to a distance not to exceed 15 feet onto the subject Lot 46. " The proposed development came under CAMA major permit review because of the greater than 400 ft length of the proposed pier. 10. ANTICIPATED EMPACTS The proposed structure would incorporate 232 square feet of Estuarine and Public Trust Waters. The pier walkway would shade approximately 1888 square feet of coastal wetlands, but, if it is elevated sufficiently, no long -term adverse impacts are anticipated from the project. The project as proposed meets the 1/3 rule, totals less than 500 square feet dock space and is at least 15 ft. from the eastside adjacent riparian corridor and has received a waiver from the westside riparian neighbor. Submitted by: Jerry A. Parker Date: 5 -30 -97 Office: Wilmington Form -DCM -NfP -1 a. Landowner: \', APPLICATION 1r (To be completed by all applicants) _M APR 141997 � DIVISIUI -,, OF COASTAL MANAGEMENT b. City, town, community or landmark Near Southport c. Street address or secondary road number 6489 Walden Pond Lane Name Norris Ravfield d. Is proposed work within city limits or plan] 3 � �hI a, ,,Z&jurisdiction? Yes X No Address 5804 Rosewood Drive 74, De4 Name of body of water nearest project (e.g. riv City Myrtle Beach State 5C creek, sound, bay) NancvI s Creek Zip 28575 Day Phone 803- 293 -2328 Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE': Pernct will be issued in name of lmidowner(s), and /or project name. Z. LOCATION OF PROPOSED PROJECT a. County Brunswick Revised 03/95 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e. building a home, motel, marina, bulkhead, pier, a excavation and /or filling activities. 4' ier to service an 8' x 10' static dock and 6' x 10' floating dock. b. Is the proposed activity maintenance of an exists project, new work, or both? New work c. Will the project be for public, private or commerci; use? Private d. Give a brief description of purpose, use, methods c construction and daily operations of propose project. If more space is needed, please attac additional pages. The nuroose is for acre: to Nancy's Creek for recreational use, Pilings will re-set with water jet arx or pile driver. Form DCM -MP -1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 27,279 Sq. Ft. b. Size of individual lot(s) 27,279 Sq. Ft. c. Approximate elevation of tract above MHW or NWL 18 Feet d. SoilSpetype(s) and texture(s) of tract Y e. Vegetation on tract Wooded f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plm.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? R -7500 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) 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 Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) Revised 03/95 m. Describe existing wastewater treatment facilities. Private individual septic tank. n. Describe location and type of discharges to water of the state. (For example, surface runoff, sanitar wastewater, industrial /commercial effluent, "was down" and residential discharges.) Surface runoff rl J1 , o. Describe existing dri li� �n it water supply source. Public water. I fl `—' A N K 1 4 I� COASTAL MANAGEME 5. ADDITIONAL INFORMATION In addition to the completed application form, th following items must be submitted: • A copy of the deed (with state application only) c other instrument under which the applicant claims titl to the affected properties. If the applicant is nc claiming to be the owner of said property, the forward a copy of the deed or other instrument unde which the owner claims title, plus written permissio: from the owner to carry out the project. • An accurate, dated work plat (including plan viev and cross - sectional drawings) drawn to scale in blad ink on an 8 1/2" by 11" white paper. (Refer V Coastal Resources Commission Rule 7J.020' ) for detailed description.) Please note that original drawings are preferred an( only high quality copies will be accepted. Blue -ling prints or other larger plats are acceptable only if ai adequate number of quality copies are provided b, applicant. (Contact the U.S. Army Corps o Engineers regarding that agency's use of larger drawings.) A site or location map is a part of pla requirements and it must be sufficiently detailed tc 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. 4 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application wi11 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. Name Edmund McCaffray I certify that I am authorized to grant, and do in fact, Address 7512 dunbar Road, Wilminqton, NC 28405 grant permission to representatives of state and federal Phone 910- 686 -1962 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Jill L. (',aster &Ron ramhPr±r�n permit application and follow -up monitoring of the Address 605 Harbor Gate Ct. Davidson, NC 28036 project. Phone 910- 774 -7069 Name BluectrQan f'arM ila rani Address 3973 -A Market Si-rapt-. Wi 1 min nn _ NC Phone 910- 763 -0071 28403 • 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. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the J`— day of Print Name ,�D/'/'/ 5 G-/� ✓� /�L LY S ignatu re``�� Landowner or Authorize 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_zaachment_ in-the space provided at the - bottom of_ each form. l Form DCNI - 'NLP-d 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) _ Commercial _Community, Private (2) Number 1 (3) Length .472 PPat- (4) Width 4 PPai- (5) Finger Piers Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) x Yes No (i) Number 2 (ii) Length (iii) Width 10' and 10' (7) Number of slips proposed Nr)nP (8) Proximity of structure to adjacent riparian property lines (9) Width of water body 90 Feet (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial N/A 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, Iv'WL or wetlands 11, AY U 81997 = DiVISIUN Ci= COASTAL MiANAGEhAENT e. Mooring buoys N/A (1) ___- Commercial _Community _ Privat (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyon shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Privat (2) Number (3) Length (4) Width g. Other (Give complete demiption) N/A "S AV r-ll-,L--Zd Appii nt or Projec�irame 4 Signature Date r STAiE o State of North Carolina Department .of Environment, Health, and Natural Resources - Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes Governor Water Quality Section Secretary May 5, 1997 Mr. Norris Rayfield 5804 Rosewood Drive Myrtle Beach, SC 28575 Subject: Waldon Pond Project No. SW8 970509 Brunswick County New Pier and Channel Dredging Dear Mr. Rayfield: The Wilmington Regional Office received a copy of the CAMA Major Permit Application for a new pier and dredging an access channel to Nancy's Creek on May 5, 1997. Staff review of the plans and specifications has determined that the development activities proposed will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H. 1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. Please keep in mind that this determination does not relieve you of your legal responsibility to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Areas Management Act, Federal, State, or Local Governments. In addition, any future modifications to the project will require additional review from this Office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 395 -3900. Sincerely, V,. , k - C lam. <� l- c V c r— Rick Shiver, P.G. Acting Regional Water Quality Supervisor RSS /arl: S: \WQS \STORMWAT\CAMA \970509.MAY cc: Jerry Parker, DCM John Parker, DCM Delaney Aycock, Brunswick County Inspections Wilmington Regional Office Central Files 127 Cardinal Drive Extension, Wilmington, N.C. 28405 -3845 • Telephone 910 - 395 -3900 • Fax 910 - 350 -2004 An Equal Opportunity Affirmative Action Employer I HEREBY CERTIFY THAT THE PLJCT (Pr SURVEY 15 A TRUE AND C t�W r� \ 52 \ OF LAND SURVEYED AND Pt3l AND IS IN ACCORDANCE w S WARDS F /\ PRACTICE FOR LAND SUR2E N N CAR \ CAA, 51 THOMAS W. MORGAN, RLS% L -2 v DAT�. 99 '•ti S W0 •` SECTION THREE \ �'� „ „�•' \ 5o WINDING CREEK SUBDIVISION i 00 49 \ �A WALDEN POND 48 \\ �� \ 25' DRAINAGE MARSH -4e \ \ N w a a u- W Z Z U QQ APR 14 1997 ((�� //�� I HEREBY CERTIFY THAT THE PLAT (7F SURVEY IS A TRUE AND C F T/� : / \ 52 \ OF LAND SURVEYED AND P AND IS IN ACCORDANCE 11'��SS}}�� L1S NDARDS F • PRACTICE FOR LAND SURIZE1 G N NO�jh� R NNO Ott 51 THOMAS W. MORGAN, RLS; L -2 DAT� 99 +••� C W••MO SECTION THREE _,,,,,,,. 50 WINDING CREEK a SUBDIVISION 3 100 �04� ..''� Q A_i ya \ 49 \ \ a a y�100 WALDEN POND d 4 8 25' DRAINAGE \� EASEMENT \ F 46 BEGINNING s�s�'29 OF PIER MARSH \ F � \ yje 4- r APR 141997 \ DIVIS101y OF 404 LINES LIMIT OF COASTAL MANAGEMENT RIPARIAN JULY, 1995 RIGHTS \ 4- EDGE OF MARSH LIMIT OF SEPT., 1996 RIPARIAN r RIGHTS sr . 4' PIER Off. ON RIPARIAN DLINE STATIONARY BETWEEN LOTS DOCK �Cj \ 4- 4- 47 AND 48 �CI MARSH ye 6'X10' FLOATING DOCK 6,X10' FLOATING NOTES: DOCK • A PORTION OF LOT 47 IS IN A FLOOD HAZARD ZONE. • REVISED PROPOSED DOCK LOCATION 1- 16 -97. yle © 1997, BRUNSWICK SURVEYING, INC. 100 0 100 200 BRUNSWICK I >. . 'RUIN r, . w SURVEYING, INC SCALE 1- = 100' FEET Thomas W. Morgaq R.L.S 1027 Sabbath Home Rd. , SW VICINITY MAP {q LEGEND: Supply, North Carolina 28452 (910)842 -9392 NOT TO SCALE EIP O EXISTING IRON PIPE (FOUND) NRBO NEW RE -BAR (SET) a ERBO EXISTING RE -BAR (FOUND) Dock Permit Plat For CM n CONCRETE MONUMENT PK O PK NAIL NORRIS RAYFIELD O R jR O RAIL ROAD SPIKE MADE FROM LOT 47, SECTION TWO WINDING CREEK SUBDIVISION, (MAP �y g CL CENTERLINE CABINET 17, PAGE 86), AND EXISTING PHYSICAL EVIDENCE TOWNSHIP COUNTY STATE I DATE SMITHVILLE I BRUNSWICK I NORTH CAROLINA 1 9 -16 -96 sounsar FIELD BOOK 324-36 I FILE NO. 961998 JOB NO. 96 -199