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HomeMy WebLinkAboutGeneral Permits (5035)O Applicant Name i Address ' ,;6 i. City ! , I Project Location �Caunty, State Road, Water Body, etc.) 4�t � ._i�':c•.� `�LiY1 � �i(',t' tip: Type and Dimensions of Project The proposed project to be located and constructed as described above is hereby certified as exempt from the CAMA permit re- quirement pursuant to 15 NCAC 7K .0203. This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal, or Local authorization. DEC 1 2 tf,!,�S Coastal CERTIFICATION OF E FROM REQUIRING A CAMA PERMI- as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resource in an area of environmental goncern pursuant to 15 NCAC Phone Number 3�'��� mission This certification of exemption from requiring a CAMA permit is valid for 90 days from the date of issuance. Following expiration, a re-examination of the project and project site may be necessary to continue this certification. SKETCH (SCALE: ) I '[ I 1 I' I 1 Any person who proceeds with a development without the con- sent of a CAMA official under the mistaken assumption that the development is exempted, will be in violation of the CAMA if there is a subsequent determination that a permit was required for the development. The applicant certifies by signing this exemption that (1) the ap- plicant has read and will abide by the conditions of this exemp- tion, and (2) a written statement has been obtained from adjacent landowners certifying that they have no objections to the proposed work. i Applicant's signatur �- CAMA Official's),ignature Issuing date Expiration date Attachment: 15 North Carolina Administrative Code 7K .0203 Permit Class l Permit Number NEW 147=91 STATE OF -NORTH CAROLINA Department of Environment, -Health & Natural Resources 1 and Coastal Resources Commission for DEC 90 1991 X Mai or Development in an Area:of Environmental Concern C; nCf pursuant toNCGS 113A,118 Excavation and/or filling pursuant to NCGS 113-229r-- Issuedto John's Creek Subdivision/Harold Parker, 3916 Shipyard Boulevard, Wilmington, NC -284T2— authorizing development in New Hanover County at Myrtle Grove Sound on John's Creek Road off SR1492. as requested in the permittee's application dated 8/8/91 and attached plats, 3 and 4 of 4, she 3 dated 9/3/91 and sheet 4 dated 8/1/91 and revised ` 9/3/91. This permit, issued on December 20, 1991 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) 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. 2) Vessels using this marina are limited to 21' in length. Vessels with heads are prohibited from using this facility. 3) The docking facility will display a sign stating the restrictions'in No. 2 above, including other appropriate waste disposal information, at the entrance to and exit from the main pier. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on Up.cernber 31, 1994 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. r Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee John's Creek Subdivision ADDITIONAL CONDITIONS Permit #147-91 Page 2 of 3 4) 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. 5) Because this area is a designated primary nursery area, outstanding resource water, and is open to the harvest of shellfish, there will be no dredging or excavation permitted in the vicinity of the pier and dock at any time. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 7) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 8) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. 9) Permanent reflectors will be attached to the structure to make it visible during hours of darkness or inclement weather. 10) If the display of lights and signals on the authorized structure -is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard will be installed and maintained by and at the expense of the permittee. 11) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. John's Creek Subdivision ADDITIONAL CONDITIONS Permit #147-91 Page 3 of 3 12) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. NOTE: Further development of this property may require a modification of this permit. Contact a Division representative at (919) 395-3900 prior to commencement of any such activity for this determination. 1. Applicant's name John's Creek subdivision/Harold Parker 2. Location of project site Adjacent to Myrtle Grove Sound on John's Creek Road Off SR 1492 in New Hanover County. PHOTO INDX: 1989: 178-17 Grids 14B, 14C, 13D, 13E, 13F, 13G, 12G 1984: 17-214 Grids G-5, H-5, I-5, I-4, J-4 STATE PIANE 000RDINMES: X: 2339200 Y: 127800 3. Investigation type: Dredge & Fill CAMA X 4. Investigative procedure: (A) Dates of site visit 8/22f91 (B) Was applicant present No 5. Processing procedure: Application received CC 10/18/91 Office WiRO 6. Site description: (A) Irxal Land Use Plan New Hanover County Land Classification from IUP Conservation Development constraints nts identified i fied in JUP Water dependent uses. (B) ABC(s) involved: (C) Water dependent: (D) Intended use: Ocean Hazard Coastal Wetlands X Estuarine Waters X Yes X No Public Private Estuarine ne Shoreline Public TruLst Waters X Other (E) Type of waste water treatment: Fisting NL Planned (F) Type of structures: Existing Subdivision Planned Dock addition (G) Estimated annual rate of erosion N A Source (A) Vegetated wetlands: (B) Non -vegetated wetlands: (C) Other: Open water. (D) Total Area Disturbed: ctanercial X AREA Dredged Filled Incorporated 6900 s.f. 6900 s.f. 8. Project Summary Applicant proposes to increase this 10 slip conminity docking system to 26 slips. John's Creek Subdivision/Harold Parker Page two 9. PROJECT DESCRIPTION John's Creek Subdivision lies adjacent to Myrtle Grove Sound on John's Creek Road off of SR 1492, just north of the junction with Hwy 421. This is a New Hanover County Subdivision consisting of 26 single family lots with a community pier and docking system. The docking system was constructed approximately 5 years ago. The New Hanover County Land Use Plan classifies the area as conservation, limiting the uses to water dependent, and 2.5 units per acre. The Division of Environmental Management classifies the waters of this area as SA-ORW. The Division of Marine Fisheries has designated this area as Primary Nursery, and it is open to shellfishing. The shoreline in this area is developed mostly with single family residential piers. The existing docking system consists of a pier crossing mixed coastal marsh for approximately 400' before crossing a small island. After crossing the island for approximately 3001, the pier again crosses coastal marsh for another 5001, and into open water for approximately 3001. The pier attaches to a docking system, 6' x 1151. This system has 5 finger -piers, 4.5' x 221, and 8 mooring pilings providing 10 docking spaces. There are also 5 mooring pilings landward of the floating dock that are unused, and to be removed. The depth at the project end is -4' mlw. The applicant is proposing to extend the floating dock for another 22011 adding 8 more finger piers, and 9 mooring pilings. This will provide another 16 docking spaces, bringing the total to 26 docking spaces. With a total of 10,740 s.f. of Public Trust incorporation, the applicant needs 398 linear feet of riparian property to satisfy the 27 square foot rule. In order to do this, the homeowners have agreed not to give permission for anyone to cross the community owned island with piers. This would be the only access to water that a homeowner would have. With this restriction, 559 linear feet of riparian property is available in determining the square footage allowed. This is 161' more than is needed. The structure currently extends approximately 330' into a body of water approximately 1,150' across. Hence, it meets with the 1/3 rule. The addition to the project would extend the dock in a northerly direction, and would not change this. Also, the project currently, and as proposed, terminates greater than 150' from the AIWW. The addition to 26 slips for vessels with no heads, and 21' or less in length would not require a shellfish closure. John's Creek Subdivision/Harold Parker Page three 9. PROJECT DESCRIPTION - Continued The riparian corridor to the north will be crossed by the project extension. The property owner to the north has submitted written permission for the file allowing for the extension into his corridor. 10. ANTICIPATED IMPACTS The new impacts to be incurred by these proposed project extension would be as follows: Sixteen slips would be added; however, these additional slips would not cause a shellfish closure. The use of the structure would remain available only for the adjacent community. There would be an additional 6,900 sf of public trust waters incorporated. Submitted by: Were Barrett Date: October 18, 1991 Office: Wilmington 1 W zl 1 � I W� 11 0 a� F f5X L L I iNGER FLOATS-� I 1 I —4.0 J w z z x U o� Ln Q f _Zf EXISTING PIER i a 6' WIDE -J.a -30 EXISTING'WIDERAMP �ql a, —32 —J.5 —35 6' WIDE FLOATS I I I I I I I I I I I I I I 2 3 4 l i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 j 19 20 I 21 22 123 24 125 26 I 1 I 1 I I I I I I I I I I I I 1 I 1 -4.0 1 1 I 1 I 1 I I I I b I b b b b b d d —4 e d d b d --co 52' 86' 138' EXISTING DOCKING SYSTEM 220' 10 SPACES NEW ADDITIONAL 16 SPACES AT 13.8' FLOATING DOCK EXPANSION PLAN 40 0 40 80 120 160 SCALE IN FEET ELEV. AND DEPTHS BASED ON LW = 0.0 EXIST. PIER 20' 6' 24' CK RAMP 22' = +8.0 — FINGER FLOA T TYPICAL SECTION SCALE: 1" = 40' HOR = 20' VERT. TIE PILE ADDITION TO DOCKING SYSTEM AT JOHNS CREEK SUBDIVISION NEW HANOVER CO. BY JOHNS CREEK DEVELOPMENT CORP. 3916 SHIPYARD BLVD. WILMINGTON, N.C. DRAWN BY: W. WARRFN I AIIG 1991