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HomeMy WebLinkAbout20100761 Ver 1_CAMA Permit Application_20100913Beverly Eaves Perdue Governor 201 00 76 1 '`\ 6 6 NY AL a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Director MEMORANDUM: September 10, 2010 TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection Dee Freeman Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review 1 Applicant: Bowden, Lloyd C., Jr. - (c/o: S. Conway, Agent) ?P 1 J 2010 81 Project Location: 849 Shinn Pt. Rd., adjacent to Shinn Creek canal, in NC, New Hanover Co. Proposed Project: Applicant proposes to install new floating docks, two floating "jet dock" platforms, a fixed platform and a boatlift to Shin Creek canal Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 2010. If you have any questions regarding the proposed project contact Robb Mairs (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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252.808-28081 FAX: 252-247-3330 Internet: www.nccoastaimanaaement.net An Equal Opportunity 1 Affirmative Action Employer This agency approves of the project only if the recommended changes are incorporated. See attached. NorthCarolina Naturally DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Lloyd C. Bowden, Jr. 2. LOCATION OF PROJECT SITE: 849 Shinn Point Road, adjacent to Shinn Creek canal, in Wilmington, New Hanover County. Photo Index - 2006: 22-7422: 6-7,K 2000: 22-271: 6-7, K-L 1995: 22-253: 10, K State Plane Coordinates - X: 2353290 Y: 163929 LAT:34°11'40.88989"N LONG: 77°49'54.37881"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-080910A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/9/10 Was Applicant Present -Yes (agent) 5. PROCESSING PROCEDURE: Application Received - 08/27/10 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - City Sewer System Planned - N/A (F) Type of Structures: Existing - Single-family house, new bulkhead and floating dock Planned - New floating docks, floating platforms, fixed platforms, and boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (Open water (Incorporated) ft. 665 s q. (C) Other (Highground) 96 sq. ft. (D) Total Area Disturbed: 761 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install new floating docks, two floating "jet dock" plaforms, a fixed platform and a boatlift adjacent to Shinn Creek canal. Lloyd C. Bowden, Jr. Page 2 9. PROJECT DESCRIPTION: The project site is located at 849 Shinn Point Road, adjacent to Shinn Creek located in the City of Wilmington, New Hanover County. To locate the property from Oleander Dr. (NC Highway17), turn onto Greenville Loop Road and travel approximately 0.6 miles. Turn left onto Shinnwood Road and travel approximately 0.2 miles east. Turn right onto Shinn Point Road and continue until you reach the property of interest located at the end of the cul-de-sac. The lot currently contains a single-family residence and is approximately 0.5 acres with approximately 191' of shoreline frontage along Shinn Creek canal and an additional approximately 140' of shoreline adjacent to the marsh on the eastern portion of the property. The lot average 3-6 feet above mean sea level and a new vinyl bulkhead stabilizes the shoreline, which was authorized to the applicant under CAMA General Permit No. 55838. This permit also authorized maintenance excavation within Shinn Creek canal along the applicant's shoreline. There is an osprey pole located on the northern portion of the property, adjacent to the bulkhead along Shinn Creek. Extended from the bulkhead on the northern portion of the property is an access ramp that leads onto a dilapidated floating dock, measuring 12' in length by 6' in width and another floating dock, measuring approximately 14' in length by 5' in width, which run parallel to the shoreline. The existing docking facility currently accommodates two vessels. Highground vegetation consists of Pine, lawn grass and ornamental landscaping. The eastern portion of the site transitions from upland to marsh, which exhibits species including: Grounsel-bush (Baccharus halimifolia), Marsh-elder (Iva frutescens) and Wax Myrtle (Myrica cerifera) shrubs. A narrow border of Sea Oxeye (Borrichia frutescens) and high coastal marsh vegetation, including, Black Needle Rush (Juncus roemarianus), and Salt Meadow Grass (Spartina patens) transitions to a broad expanse of Smooth Cordgrass saltmarsh (Spartina alterniflora), approximately 400 feet wide to the open water area of Shinn Creek to the east. There are currently no coastal wetlands on the northern portion of the property adjacent to the existing bulkhead on Shinn Creek canal. The Wilmington/New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Shinn Creek Canal are classified SA by the Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to install new floating docks, two floating "jet dock" platforms, a fixed platform and a boatlift adjacent to Shinn Creek canal. The existing access ramp and floating docks would be removed and replaced with a new access ramp and floating dock, measuring 50' in length by 6' in width that would run parallel to the newly authorized bulkhead. On the landward side of this floating dock would be two (2) small floating docks, one measuring 10' in length by 4' in width would be located on the eastern, and one measuring 10' in length by 6' in width would be on the western end. Dimensions of the two floating "jet dock" platforms would be 12' in length by 5' in width. A fixed platform would be constructed on the eastern side of the proposed floating docks, measuring 12' in length by 16' in width. The platform would be located half over highground and half over open water. A new boatlift, measuring 13' in length by 13' in width would be installed, just waterward of the fixed platform. The application states that the proposed structures would be located within approximately -3.5' to -4.5' at normal low water (NLW). The application also states that the proposed structures would provide docking space for six (6) vessels. 10. ANTICIPATED IMPACTS: The proposed structures would incorporate 785 sq. ft. of Estuarine Waters and Pubic Trust Area and 96 sq. ft. of Estuarine Shoreline. The proposed structures would extend approximately 19 feet into a waterbody, which measures approximately 76 feet across, which would conform with the 1 /4 width rule. The proposed structures would not encroach into the 15' riparian corridor setback requirement. Minor increases in turbidity should be expected during the construction. Submitted by: Robb L. Mairs Date: 09/09/10 Office: Wilmington ?0, WDENR. North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director Dee Freeman Secretary AGENT AUTHORIZATION FORM Date: - 0 Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: 5+R4 K*_? G9nc.&Lf Owner's Mailing Address: Agent's Mailing Address: s k i-4 Pal A 2?ro.3 Phone Number: 41 Phone.Number pia ) 3 a 1 i s Z I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining ail LAMA Permits necessary to install or construct the following (aeiivii): ,DIDC(c Ir- 80--1- LZI (my property located) at This ceriificaiioi i is valid ii ii u (dale) Prope Owner Signature Date _4 J AU 2 .7 1010 127 cardinal Drive Ext., Wilmington, NC 28405 Lh., C1(i-Cr._7 )i-ri1L'-u?•C; _ :f._^ ir;la?ndl nwn????m??anan?or,l not An Equal Opportunity I Affirmative Action Employer NookCarolina Naturallil Lloyd Bowden Floating Dock and Boatlift Narrative Narrative Mr. Bowden would like to remove his current floating dock system and replace it with a new one. He would also like to add a boatlift. He would like to have a 50 ft. long floating dock. It will be 6 ft. wide through most of it except on the West and East ends. On the West end it will be 12 ft. wide at a length of 10 ft. This will allow Mr. Bowden to attach (2) 5' X 12' floating jet ski docks to his floating dock. On the East end of the floating dock it will be 10 ft. wide for 10 ft. and this will allow room for his ramp and a john boat to tie to the end. Roughly 24 ft. from the East end of the floating dock he would like to install a 13 X 13 boat lift which will be accessed by a 16 X 12 platform which 6 ft. will be over water and 6 ft. over land at ground level. Mr. Bowden's structures are well within his setbacks. On the West end of his floating dock the end of his jet ski dock is 41 ft. from his setback line. On the very East end his boat lift will be 16 ft. from his set back line. Mr. Bowden will adhere to the'/4 distance rule. Through his maintenance dredging permit his floating structure will be floating in close to 3 ft. at MLW which will comply with marine fisheries desired water depth at low tide for floating dock structures. Thank you for your time and consideration regarding this matter. tephe Conway Southeastern Coastal Construction on behalf of Mr. Lloyd Bowdenl 1 2101 AUG 2 t, I ON MP-1 APPLICATION for 2 0 1 00 7 6 1 Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) d (?opjlke,,, Rmt boc k L Applicant 1: First Name MI Last Name f?OLAO Applicant 2:' First ame MI Last Name If additional applicants, please attach an additional page(s) with names listed. PO Box City State Mailing Address ZIP Country Phone No.. -- FAX No. S . Ito -C/9 - I / J N, ext. ZIP -2?11 01 [A I Street Address (if different from above) City State Email ???I oro <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) e.? H?mover` Street Address ? i Sh;rr Po;?} DI` State Rd. # Subdivision Name City imI'h State AU'( Zip 291-103 Phone No- Lott No.(s) ((if many, attach additional page with list) 9/® ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cc. `e r' 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 Wanmade ?Unknown ; .A7- Cw e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed X Yes ?No work falls within. ti r\ 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 3 a, r-A, AP c. Size of individual lot(s) d. Approximate elevat n of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) WNHW or ?NWL e. Vegetation on tract reg-ss I. Man-made features and uses now on tract V1 VA kl 10( 'Flo OCK -c g. Identify and des vibe the existing land uses adiacent to the roposed project site. Lofs w,-* hop-s-e 6,1 4&vi h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable). k ( -AYes ?No ?NA t j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes UNo k. Has a 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 XI ?NA 4,0 National Register listed or eligible property?" <Form continues on next page> AU '27 20% Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? 61'(es C]No (ii) Are there coastal wetlands on the site? ayes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? IYes QNo (Attach documentation, if available) AW/?yy_?? 0--9_l'0 n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. C' p. Describe existin storm water management or treatment systems. 5. Activities and Impacts . a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Govemment ki'rivate/Community ?lu b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types o construction equi ent to be use d during construction, the number of each type of equipment and where it is to be stored. d. List all development a ivities you propose. of an existing project, new work, or both? e e. Are the proposed activities mai enanc 1 ' I. What is he approximate total disturbed land area resulting from the proposed project? (2 Q-4 q.Ft or ?Acres g. Will the proposed project encroach an any pubic easement, public accessway or other area ?Yes o NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. t-L kV-& 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 ?NA j. Is there any mitigation proposed? ?Yes No NA If yes, attach a mitigation proposal. -, ,a V K _ <Form continues on back> '?1 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) - (f) 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. Named +bt;? 1 / l?c? ?. ; ?pcl?C' Phone No. 3 c? Address ® set l? 4?=ttZ c ? Name Phone No. (©_ Address 2-c - (J??G?.?t1,?" ?A ?t ?? ?ciG? ?lJ???^1?(la f. t? Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. I 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 at the information provided in this application is truthful to the best of my knowledge. Date Print Name C G T? Signature C?Z? 426, Please indicate application attachments pertaining to your proposed project. 3 ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and euCvier's, QDCM MP-3 Upland Development ?DCM MP-4 Structures Information "t 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 lorivate/Community ?This section not applicable b. (i) Will the facility be open to the general public? ?Yes *0 C. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ?Yes KNo u Number I If yes'. (iii) Length ?o ` ib 1 (ii) Number (iv) Width (0 1 O y (iii) Length (v) Floating es ?No (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms?inccll ded? U Yes ?No p D k ? S I. (i) Are Boatlifts included? %Yes ?No If es: If yes: ,, e s Oc ?R oc y (ii) Number 2 (ii) Number (iii) Length t (* ??- (iii) Length I I Width i (iv) Width _.t2 -57 v) ( (v) Floating t&Yes (JNo Note: Roofed areas are calc ulated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service (ii) Number of slips existing ? Dockage, fuel, and marine supplies " ' ) only, number of slips: Dockage ("wet slips ( f+ K Dry storage; number of boats: t SMk ? Boat ramp(s); number of boat ramps: ? Other, please describe: 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: r). ka m. (i) Will the facility have tie pilings? ?Yes JXNo (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). rt,r O. h c0?, 1. (i) Will the facility be open to thg general public? W- 'r ?Yes o 2. DOCKING FACILITY/MARINA OPERATIONS AThis 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? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? Oyes ONo n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ONo o. Is the marina/docking facility 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. OCW OSAV OSB OWL ONone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? OYes []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): OCommercial OPublic/Government OPrivate/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. d. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ?jThis 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. Is the structure(s): OCommercial OPublic/Government OPrivate/Community c• Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscfiption, size, anchor, etc.) y'?A 1 A. .d maim' Ap" e. Arc of the swing G2s29 Y AM # N 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines % `4-") wfnf Z2f ? &A !Vote: For buoy or mooring piling, use arc of swing including length of vessel. b. ProximiVf structure(s) to adjacent docking facilities. c. Width --of water body . Wi? ? e. (i) Will navigational aids be required as a result of the project? Oyes XNo ?NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 3 G'o h LW 8. OTHER ?This section not applicable a. Give complete description: I ?R 1,1 u ovncA / ' B? L2 o, , 11-,t ? t? .1 6 r`a ^? » mot! t c E SS ,? - c.So? `tom. FI o?--?? 4 0 _ AUG 2 7 2010 -S--2G- /© Date L to 0 Notes Trip to 849 Shinn Point Rd Wilmington, NC 28409-2113 4.91 miles - about 10 minutes 127 S Cardinal Dr, Wilmington, NC 28403-1844 1. Start out going NORTH on S CARDINAL DR toward ORTON POINT RD. f _ 2. Turn RIGHT onto EASTWOOD RD / US-74 E. t°+ 3. Turn RIGHT onto MILITARY CUTOFF RD. 4. MILITARY CUTOFF RD becomes US-76. ? 5. Turn LEFT onto GREENVILLE LOOP RD. +1 6. Turn LEFT onto SHINNWOOD RD. I+ 7. Turn RIGHT onto SHINN POINT RD. 8.849 SHINN POINT RD is on the LEFT. 849 Shinn Point Rd, Wilmington, NC 28409-2113 Total Travel Estimate : 4.91 miles - about 10 minutes Route Map http://www.mapquest.com/print go 0.3 mi go 1.8 mi go 0.6 mi go 0.7 mi go 0.9 mi go 0.4 mi go 0.3 mi go 0.0 mi AUG 2010 i At! r, 8/5/2010 Pro?e,?? L?r,Pi A? 7 C7 % v? r F °I / J.,?gdc?J? v1Ka? rcp Y D? f b D? O 11 °I s e b1 Q Vj ?J CS ? s. 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