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HomeMy WebLinkAbout20021802 Ver 2_CAMA Application_20091222AE115 oa_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director MEMORANDUM: TO: FROM: SUBJECT Applicant: December 21, 2009 ?8oa U a Dee Freeman Secretary LRZ @ L9 L9 i1L- o 200J Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit DEW-WATER QUALITY Division of Water Quality-Surface Water ProtectionDSANDSroRwATERS?ar,c,, Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA/Dredge & Fill Major Permit Application Review (Heirs of) Orli, Marianne (c/o: Land Management Group) Project Location: 107 Florida Avenue, adjacent to Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: To construct a bulkhead and fill a residential lot containing coastal wetlands. The applicant also proposes to construct an access walkway and 6-slip docking facility with associated dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 6, 2010. If you have any questions regarding the proposed project contact Holley Snider (910)796-7423, 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. SIGNED 400 Commerce Ave., Morehead City, NC 28557--3421 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastaimanagement.net An Equal Opportunity lAffrmative Action Employer 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. DATE North Carolina Aa&Wt DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Heirs of Marianna K. Orli 2. LOCATION OF PROJECT SITE: 107 Florida Ave., adjacent to Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County Photo Index - 2006: 21-7378: U-5,6 2000: 21-258: V-5,6 1995: 21-240: U,V-10,11 1989: 178-11: P,Q-6 State Plane Coordinates - X: 2337620 Y: 112360 Rover file: 0-120910A Lat: 34°03'12.61294" N Long: 77053'07.79400" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/31/09 (office) 10/28/09 (office), 8/18/09 9/4/09 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 12/3/09 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carolina Beach Land Classification From LUP - Developed (B) AEC(s) Involved: ES, CW, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - None Planned - Bulkhead; Docking Facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [ AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 861 sq.ft. shaded Unvegetated Wetlands 5,600 sq.ft. (B) Other 4,300 sq.ft. 759 sq.ft. Open Water incorporated (D) Total Area Disturbed: 11,520 sq.ft. (0.26 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead and fill a residential lot containing coastal wetlands. The applicant also proposes to construct an access walkway and 6-slip docking facility with associated dredging. Heirs of Marianna K. Orli Page 2 9. PROTECT DESCRIPTION The project site is located at 107 Florida Avenue, adjacent to the east side of the Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County. To locate the project site from US 421 South cross the Snow's Cut Bridge to Pleasure Island. Travel south approximately 1.5 miles on Lake Park Boulevard/US 421 and make a left turn onto Winner Avenue. At the next intersection turn left onto Canal Drive and travel north approximately 1.3 miles to Florida Avenue. Turn left on Florida Avenue, the project site is located on the left hand side of the road. This is a residential area, classified as Developed in the Carolina Beach Land Use Plan. The project site measures approximately 120 feet in width by 260 feet in length. The project site is undeveloped and is bordered on both sides by condominium developments whose shorelines are stabilized by bulkheads. The undeveloped lot consists primarily of coastal wetlands and an unvegetated area, composed of mostly sand and some gravel fill. Coastal wetland species include; Smooth Cordgrass (partina alterniflora), Black Needle Rush (uncus roemarianus), Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp.), Saltwort (Salicornia, spp.), and Salt Meadow Grass (Spartina patens). The applicant has shown a "404 type" wetlands delineation line extending along a small highground portion of the lot on the western property boundary and extending east across the site, approximately 110 feet south of Florida Avenue. Vegetation extends landward of this 404 line to the edge of pavement at Florida Avenue and consists of several species of coastal wetland high and low marsh vegetation and is intermixed with Seaside Goldenrod and Sea Ox- eye. These coastal wetlands species are Spike Grass (Distichlis spicata), Sea Lavender (Lumonium, spp.), Saltwort (Salicornia spp.), and Salt Meadow Grass (Spartina patens). Coastal wetlands are most active on the vegetated portion of the lot, as indicated by the predominance of coastal wetland species, crab holes, and soil wetness. The sand and gravel portion of the project site is void of wetland vegetation as a result of vehicular use by the adjacent condominium residents. However, this area shows characteristics consistent with coastal wetlands, low elevations, occasional tidal flooding, soil wetness, crab holes, and the migration of coastal wetland plant species into this area. Located on the west side of the property adjacent to Florida Avenue, saltwort can be observed emerging thru broken shell fill. Along the edge of vegetation and the sand gravel area, the rhizomes of and small shoots of spike grass can be observed migrating into the sand and gravel area. Low elevations and poor storm drainage in Carolina Beach, along Canal Drive and Florida Avenue, regularly create street flooding associated with lunar and/or storm tides. In addition to their occasional tidal flooding, these undeveloped areas become drainage outlet corridors during such events and associated ponding on adjacent low lots encourages the colonization of coastal wetland plant species. The Carolina Beach Yacht Basin is classified as SB by the NC Division of Water Quality, and it is CLOSED to the harvest of shellfish. The basin is not a designated primary nursery area (PNA) by the NC Division of Marine Fisheries. Heirs of Marianna K. Orli Page 3 10. PROPOSED PROJECT The applicant proposes to construct a bulkhead and fill a residential lot containing coastal wetlands. The applicant also proposes to construct an access walkway and 6-slip docking facility with associated dredging. The applicant proposes to construct a new bulkhead and fill a portion of the lot. The proposed bulkhead would be approximately 346 feet long, constructed along the coastal wetland vegetation line and the unvegetated area as shown on the project drawing. The applicant is proposing to secure the ends of the bulkhead with two (2) 5 feet long wing walls parallel to Florida Avenue. The size of the filled and graded area landward of the proposed bulkhead is approximately 5,600 square feet (105' X 50' and 45' X 8'). The applicant is proposing to construct a docking facility and access walkway that would originate from the southeastern corner of the proposed bulkhead. The proposed access walkway would measure approximately 140 feet in length by 6 feet in width and terminate at a "T-head" platform measuring 7 feet in length by 10 feet in width along the edge of marsh. The access walkway would be connected via ramp to a 6 feet wide by 6 feet long landing platform and a 62 feet long by 5 feet wide floating spine oriented parallel to shore. The applicant is proposing to designate slips by installing three (3) 30 feet long by 4 feet wide floating finger piers. The proposed finger piers will be located at either end of the floating spine and one located at the spine's midpoint. The structure would provide docking space for up to (6) six vessels. The proposed docking facility would extend approximately 100 feet into a waterbody which measures approximately 555 feet in width. The applicant is also proposing to excavate the bottom surrounding the proposed docking facility. The dimensions of the proposed dredge area would be irregularly shaped and measure on average 50 feet in width by 86 feet in length and would be excavated to a final project depth of -5 feet at Normal Low Water (NLW). The applicant states approximately 275 cubic yards of material would be excavated; DCM calculations indicate that approximately 320 cubic yards of material would be removed. Excavation of the basin would be accomplished by barge mounted mechanical excavator. The applicant is proposing that excavated material be transported across the wetlands to the bare sand and gravel area where it would be deposited behind a silt fence for dewatering. The applicant is proposing to utilize mats when transporting material across wetlands to prevent damage to the vegetation. The excavated material and, if necessary, additional approved fill would be used to raise the grade contained behind the retaining wall to a finished elevation suitable for future home site development. The applicant is proposing to raise the grade of the bare sand and gravel area to +3.5 feet above the existing grade. 10. ANTICIPATED IMPACTS As proposed, the project would result in the filling and incorporation of approximately 5,600 square feet of unvegetated coastal wetlands in conjunction with proposed 356 linear feet of new bulkhead construction and spoil disposal. The proposed access pier would result in approximately 861 square feet of Coastal Wetland shading impacts. The proposed docking facility would result in the incorporation of 759 square feet of Estuarine Waters and Public Trust Area. The proposed docking facility would provide docking for six (6) vessels and would not exceed the 1/4 width limitation. The proposed Heirs of Marianna K. Orli Page 4 dredging would result in the excavation of approximately 3,826 square feet of shallow bottom. Short term increases in turbidity can be expected during pier construction and dredging activity. The excavation of the basin by mechanical means will create steep side slopes and subsequent sloughing, thereby increasing the top width dimensions of the proposed project and potentially creating sloughing of the adjacent coastal wetlands. Approximately 320 cubic yards of spoils material would be generated from the project and placed on site and utilized for backfill for the proposed bulkhead. The proposed dredge footprint would encroach slightly into the adjacent riparian corridor 15 foot setback of both adjacent riparian property owners. Submitted by: H.A. Snider Date: 12/8/09 Office: Wilmington PROJECT NARRATIVE CAMA MAJOR DEVELOPMENT PERMIT APPLICATION Proposed Pier, Boat Slips, Dredging, Retaining Wall, Backfill 107 Florida Avenue, Carolina Beach, N.C. Estate of Marianna K. Orli, Richard Orli - Executor and Heirs (Applicant) The subject property is currently undeveloped and is described as Lots 4, 4A, 5 and 5A in Block 200, in the Northern Section of the Town of Carolina Beach with the address of 107 Florida Avenue. The surrounding properties are fully developed and feature either single or multi-family residential structures. The neighboring riparian properties are multi-family developments and have existing piers and boat slips. The subject property is generally lower in elevation than the surrounding developed properties and paved street. Rainfall runoff flows toward and into the property which gently slopes toward the open waters of the Carolina Beach Yacht Basin. It is evident that over time, increased runoff from nearby paved and roofed surfaces has amplified erosion processes across the property as evidenced by the sandy accretional delta at the shoreline. This accumulated sediment represents a portion of the sandy material directly eroded from the property. Aggravated by this lowering of elevation, spring tidal intrusion has been noted across most of the property while the Normal High Water Line remains within the waterward 1/3 of the platted lots. The herbaceous vegetation present, which extends over most of the property, contains representative species as required for designation as a Coastal Wetland Area of Environmental Concern (AEC). Coastal Wetland species noted in the vegetated area were Spartina alterniflora, Juncus roemerianus, Salicornia spp., Distichlis spicata, Limonium spp. and Spartina patens. The remaining un-vegetated sand and gravel area adjacent to the street is irregular in shape and measures approximately 100' by 50'. Jurisdictional 404 wetlands as regulated by the Corps of Engineers, cross the property waterward of this un-vegetated area. A Notification of Jurisdictional Determination (JD) was issued by the Corps on 6/3/97 (Exhibit 1). A subsequent JD was issued as a renewal on 6/3/02 (Exhibit 2). A current 404 wetland line has recently been delineated on the site by Land Management Group (LMG) and will be reviewed by the Corps during the application review period. The 75' Estuarine Shoreline AEC as measured landward from the Normal High Water Line does not extend into the un- vegetated area. The property lies within zone VE 14 on the 4/3/06 updated flood insurance rate maps of the Federal Insurance Administration. ,. NOV 12 2009 D C i%)1 VV 1 L to i\3 ?: 0 119 , l C Original LMG Summary On 8/25/00, LMG examined the subject property and the potential for a bulkhead with backfill across the entire property. In our summary letter to Mr. Joe Orli (Attachment 1), we stated that "the Coastal Wetland Area of Environmental Concern (AEC) extends over most of the property." This AEC was defined as having "any of the ten listed marsh plant species and the presence of regular or occasional tidal inundation". We also stated "the western roadfront lot may have the potential for development". This area was noted at that time to be "bare sand without obvious signs of tidal inundation". It should be noted that since that time the extent of spring tidal flooding has been witnessed as stated earlier. We further described that a CAMA General Permit should have been sufficient to cover regulatory authorization within this bare sand and gravel area provided that there was less than 500 linear feet of bulkhead, no coastal or 404 wetland fill and less than one acre of disturbed area. Past Permit Application The Orli family submitted a plat (Exhibit 3) associated with a CAMA Major Permit Application, received by the Division of Coastal Management (DCM) on 10/11/02. The plat showed a proposed straight bulkhead crossing the property over 100' from the street right-of-way with backfill to prepare the property for two homesites. The proposed bulkhead backfill area would have impacted a small area of 404 wetlands and a more sizable area of approximately .19 acres of Coastal Wetland AEC landward of the 404 line. The upper limit of the Coastal Wetland AEC was depicted as a "Grass Line" on the plat and was based on a survey revised on 8/27/02 (Exhibit 4). The "Grass Line" on the application plat and the survey generally corresponds with the present day extent of Coastal Wetland vegetation, which defines the perimeter of the un-vegetated sand and gravel -area. On 11/25/02 the Corps sent a letter (Exhibit 5) to DCM stating that the application was being placed "on hold until the applicant received a Coastal Consistency Determination". Based upon a 12/12/02 request (Exhibit 6) from the Division of Water Quality (DWQ) to demonstrate minimization of wetland impacts, a revised plat (Exhibit 7) was prepared showing a smaller proposed bulkhead backfill area. Impacts to the 404 wetlands were eliminated while impacts to the Coastal Wetland AEC (vegetated area defined by the "Grass Line") were somewhat reduced, but not eliminated. Since at least part of the remaining requested proposed fill area was considered coastal wetland, on 3/31/03, DWQ issued a letter (Exhibit 8) stating they were recommending denial of the permit because the Administrative Code "prevents the Division of Water Quality from issuing a 401 Water Quality Certification for the fill of coastal wetlands unless the project is water dependent and requires access to water as a central element of its basic function." No permit was issued. Years later, on 6/30/05, in response to an inquiry by New Hanover Tax Office appraiser Jim Hardin, Robb Mairs of DCM issued a letter (Exhibit 9) stating that "There are section(s) of the property that have been established as a driveway or parking area that have kept the coastal wetlands absent, but the majority of the lot still contains a_numbeT Nt ov 12 2009 h y. of the coastal wetland species to the northern end of the property adjacent to Florida Avenue." Current Permit Application The applicant proposes to construct an elevated pier extending from the upland (un- vegetated sand and gravel area) to the open water and a ramp down to a floating dock system with six permanent boat slips. The proposed docking structures will remain more than 15' from the adjacent riparian lines. To provide for adequate water depths, excavation utilizing a bucket-to-barge operation to a depth of -5' mean low water is proposed in the immediate slip area. Excavated material will be placed on the upland area and contained within a silt fence until drying is complete. Mats will be used to support equipment transporting material over the wetland area to the fill site. Additional suitable fill material will be used to raise the grade contained by the retaining wall to a finished elevation, suitable for a future homesite development. The fill surface will be stabilized with a permanent vegetative ground cover to prevent erosion and sediment loss. This proposal's retaining wall and fill request differs from past proposals because it involves no area of coastal wetland vegetation. The demonstrated absence of this vegetation for many years establishes the fact that there will be no impact on present productivity, food chain support, human harvests of fish and shellfish or erosion control as described in 15A NCAC 714.0205. N V 1 2009 DCM MP-1 o ?- ? 8 o a. v 'a- APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Na Florida Ave. Applicant 1: First Name MI Last Name Heirs of Marianna K Orli Applicant 2: First Name MI Last Name Na Na If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State c/o Richard J. Orli (Executor) 348 N. Edison Street Arlington VA ZIP Country Phone No. FAX No. 22203 USA 703 - 983 - 2234 ext. 703 - 983 - 6435 Street Address (if different from above) City State ZIP Email ROrli@mitre.org 2. AgentContractor Information Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City State PO BOX 2522 Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP 3805 Wrightsville Ave Wilmington NC 28403 - Email P E gfinch@lmgroup.net; smorrison@lmgroup.net " ` <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 107 Florida Ave NA Subdivision Name City State Zip NA Carolina Beach NC 28428- Phone No. Lot No.(s) (d many, attach additional page with list) NA- - ext. NA, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lap 4. et r Carolina Beach Yacht Basin c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Cape Fear River/Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Town of Carolina Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 220.64' along NHW 31433.8857 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA, NWL (normal water level) (if many lot sizes, please attach additional page with a list) -1' ®NHW or ?NWL e. Vegetation on tract Native shrubs and grasses. f. Man-made features and uses now on tract Bare sand and gravel parking area, dilapidated bulkhead g. Identify and describe the existing land uses adiiacent to the proposed project site. Multifamily and single family residences. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-1-WB (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No ®NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? .0 c it, <Folrm continues on next page> ?A W { F.. Ai.'?? -'fie Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None. Municipal sewer available o. Describe existing drinking water supply source. None. Municipal water available. p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to construct a 6 slip boating facilty with dredging and the installation of retaining wall and backfill over the existing bare sand and gravel area. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard construction methodology and equipment required for the contruction of t he boating facilty and retaining wall and the proposed bucket to barge dredging. d. List all development activities you propose. Construction of a 6 slip docking facility, retaining wall and backfill. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 5,012 ®Sq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Limited surface runoff. i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No UNA j. Is there any mitigation proposed? ?Yes ?No UNA If yes, attach a mitigation proposal. . * ?' . -; 'i, C „11 <Form continues on back> tijklf I - 2009 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Captains Quarters Association Phone No. NA Address 111 Florida Ave, Unit 11, Carolina Beach, NC 28428 Name Yachtsman Condo Owner's Association Phone No. NA Address 1003 Bennet lane, Suite N, Carolina Beach, NC 28428 Name NA Phone No. NA Address NA g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. 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. Date 1012J0'f Print Name CW&!. _ , 6%ipq ? ^z. Signature r ? * Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and I. qs , . ?DCM MP-3 Upland Development ®DCM MP-4 Structures Information VV,- L NC i Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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 that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length 86' Width -50' Avg. Existing -3' MLW NA NA Depth Final Project -5 MLW NA NA Depth 1. EXCAVATION ?This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand and silt Approx. 275 cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), None or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of the excavation in these areas: NA 2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Bare sand and gravel area located on site. Irregular, approx 86'x25'. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes ?No ?NA ?Yes ®No ?NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? 't any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of disposal in these areas: NOTE: The applicant does not consider the fill area to be coastal wetland. DCM staff indicated this area to be unvegetated coastal wetland. f. (i) Does the disposal include any area in the water? ?Yes ONo ?NA . (ii) If yes, how much water area is affected? ?" 3. SHORELINE STABILIZATION ?This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ?Bulkhead ?Riprap ?Breakwater/Sill ®Other: Retaining 01all c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Wood, vinyl, steel, concrete or keystone. g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0 Riprap 0 Breakwater/Sill 0 Other 0 i. Source of fill material. Proposed dredged material or offsite sand. b. Length: 365' Width: 1' d. Maximum distance waterward of NHW or NWL: 0 f. (i) Has there been shoreline erosion during preceding 12 months? ?Yes ENo ?NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Sand 4. OTHER FILL ACTIVITIES ?This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 100'x50' (iv) Purpose of fill Retaining wall backfill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of the fill in these areas: NOTE: The applicant does not consider the fill area to be coastal wetland. DCM staff indicated this area to be unvegetated coastal wetland. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silt fence or retaining wall. Backhoe for excavation, front-end loader, bobcat for transport to disposal area. C. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ?No ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Mats to be used to cross wetland areas. A r 1 Project Name Date Florida Ave. ?.sS .i M c?+t .yr,?i, oil Applicant Name " ?'`') ?v'r-1 5'4 , ;y1 Applicant Signature E J No 0 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 that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ?Commercial ?Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 floating dock. 1 fixed access pier (iii) Length 62'.147' (iv) Width 6. 6 (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes ?No If yes: (ii) Number 2 (iii) Length 6, (iv) Width 3.7'. 6' (v) Floating ®Yes ONo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 6 (ii) Number of slips existing 0 i. Check the proposed type of siting: ? Land cut and access channel ®Open water; dredging for basin and/or channel ?Open water; no dredging required ?Other; please describe: k. Typical boat length: 30' M. (i) Will the facility have tie pilings? ?Yes ONo (ii) If yes number of tie pilings? ?This section not applicable b. (i) Will the facility be open to the general public? ?Yes ONo d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ?No 3 30 4 ®Yes ?No f. (i) Are Boat lifts included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 6 ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ? Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types L (i) Will the facility be open to the ra pyb c7 ?Yes (]No ??i •hij VV)iL3"V6 G10 , NC Z DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? Cx 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? DC6i3 MUM1?G f ON, fqC ?Yes ?No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. is the manna/docking tacility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ?Public/Government []Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. w ine structure(s): []Commercial ?Public/Government 0 Private/Comm unity C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) iw:r V 2 2009 7. GENERAL Oc; IV! WI L MI GI'O N , "?3 C a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 19.21' to west; 21' to east 14.84' to west; 16.83' to west Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body -555' d. Water depth at waterward end of structure at NLW or NWL 4.5' average existing: -5' MLW proposed e. (i) Will navigational aids be required as a result of the project? ?Yes ONO ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description: Date Florida Ave Project Name Heirs of Marianna K. Orli Applicant Name Applicant S nature [D This section not applicable b' C P ? ? .G OV 12 2009 41s? I ti? y f{{fdt i ? f - r ? F f ///yyy L f port 47 RD {1 i u4 - .b. > - $ r ? 1 >` t V ? f 4 - * RS!>, is ems, low r' t,v:, l,! Carolina Beach Fishing Fier t pL CH _.. l ?F c III Caroli a-;& a } ,` rra ° . 1 tate jPar 1 =lam am l?1F f?C x ? f a 3 a 5 Site 421 Center Pier ' .. /' Wihn1 un t S a Beach IVEI) RECE NQ? }. ILMINGTOW, NC skn Project: Date: Revision Date: Florida Avenue Tract 10/212009 NIA Job Number: S l LM G ca e: Applicant: LAND MANAGEMENT GROUP ,w. Estate of Marianna K. Orli 1"=1 Mile 02-09-080 Environmental Cansultants c/o Richard Orli-Executor Post Office Box 2522 Title: Drawn By: Sheet Number: Wilmington, North Carolina 28402 Site Location Map ARF ors Tele hone 910452-0001 ` lilt NOTE: Parcel Boundaries From NHC GIS. Water Depths Taken By LMG Staff on 5/21109 and Are Approximate. LEGEND '- . Tax Parcel Boundary ' .Z ° PRELIMINARY NOT FOR CONSTRUCTION Date: Revision Date. Project'. 10212009 NIA Florida Avenue Tract LMG Job Number Applicant. 02-os-09o LAq[) M NNAGF.N1F1NT GROUP Estate of Marianna K. Orli Scale: 1"•40' c/o Richard Orli-Executor, f.nvi r?runen uil Consultants Drawn By. Sheet Number. 0 20 40 80 Post Office Box 2522 Title. Site Plan GSF/ARF 3 ors Wilmington, North Carolina 28402 2002 Aerial Telephone : 910-452-0001 Z O xM??T r Q U Z F _ O " O CL Z Q N L M C G O W c ? CU O a o? cn J c c U E i i L O U Rf L U L ? c O 0) w ) + O O C O U N O L U U (B ? ? Q x N N ? to O O L J ?' X O O cu co > > x W n : • (n (O fn cn -0 Z (p' O r+ Cn zr O O O O cn O cn m-u ?• C7 m O (D rt O f O N Cal f O CD ? flJ (D 0- C/) O 0 ., ;ate z-0 _ u O Cl) c O z cn O O v D (D m n .p O < CD c0 m 0 r =3 ?• r CD =3 (D r+ O O CD Q G) I cl) CD CD G? 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