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HomeMy WebLinkAbout19990512 Ver 2_Modifications_2013012116 January 2013 Joanne Steenhuis NC Division of Water Quality 127 N Cardinal Drive Wilmington, NC 28405 RE; Hardesty Farms Community Boat Ramp Access Relocation, Newport NC DWQ Project # 1999 0512 V2 Plan Modification Dear Joanne, Thank you for your comments regarding the above - referenced CAMA permit application. The proposed driveway alignment has been redesigned to minimize wetland impacts and to address the DWQ's comments. Specifically, the requested information is provided below. Revised permit application plans, which were previously forwarded, and revised application forms are also included. 1) The applicants' preferred design was to completely relocate the driveway off Lot 17 so that the lot was unencumbered by the boat ramp access for improved marketability. The current owner purchased the property with lots platted and recorded in the existing configuration. Septic systems had been approved on Lots 16 and 17 with required setbacks off the side property lines. Reconfiguration of the lots was not preferred due to the impact on these systems and the associated setback requirements. However, to further reduce wetland impacts and to completely eliminate any coastal marsh impact, the driveway has been redesigned along the lot line between the common area and Lot 17. If approved, an access easement would be created and recorded for the driveway. Total wetland impacts with the revised alignment would be 0.9 -ac and coastal marsh impact is eliminated. 2) Because the common area is accessed from the end of a cul -de -sac and because a large turn around area is not proposed at the waterward end to minimize wetland impacts, turning of vehicles must be done at the cul -de -sac. The trailer must be backed into the lot from the end of the cul -de -sac and then turned at almost a ninety degree angle to run down the western property line where the driveway is now proposed. A 40' -wide radius was used as a standard for a small trailer boat and vehicle and will likely be a tight turning radius for this particular configuration. The driveway itself is shown as slightly wider than 12' just south of the turning area to allow for a little more room to straighten the trailer /vehicle after turning. The driveway then narrows to a 12' width. The original site plan showed the driveway aligned to the east more, giving a more gentle turning radius off the cul -de -sac. With the driveway now located to abut the western property line, the turning radius is even more critical and 40' is thought to be a minimal radius. 3) All wetlands west of the relocated driveway have been included in the revised 0.9 -ac impact total. It is noted that with relocation of the driveway to the lot line, less wetland is left disconnected. 4) The application forms have been modified to clarify the access drive to be earthen and grassed. 5) With the revised plans, up to 150 -Ift of retaining wall may be constructed on the eastern side as needed. The applicants have indicated they do not intend to raise the driveway more than a foot or two above the adjacent, existing wetland grade. With such a slight change in elevation, side slopes would be very minimal and would range between 2' and 4' wide. Cost of constructing a retaining wall along the length of the driveway was thought to be excessive when side slopes are so minimal. Side slopes have been shown on the eastern side, where all wetland would have been considered impacted either directly or indirectly. During construction, if elevations allow the driving surface and 2:1 side slopes to be constructed within the impact footprint shown, the retaining wall along the eastern side will not be constructed. If greater elevation changes require, a retaining wall will be constructed along this section. 6) Relocating the lot lines was not considered practicable because it would have impacted approved waste treatment systems for the adjacent residential lots. Septic permits for Lots 17 and 16 specify that systems be located in suitable areas at the front of the lots near Shellbank Road. The approved system for Lot 17 is required to be 10' off the western property line, has a 30' wide system (80' long), and specifies a 12' wide drive for the lot on the eastern side. This leaves only 5' of space between the drive and the eastern lot line near the road. Even if the lot line between Lots 16 and 17 was also reconfigured, there is only approximately 20' of width not needed for the systems and drives between the two lots. These systems were apparently approved under exemption allowances since the lots were platted around 1987. If new lot lines were to be platted, any previous exemption allowances would be lost. New system requirements are expected to require considerably more space, and it is unknown whether additional areas of suitable soil are available. Not only might this be counterproductive to gaining more space for the boat ramp access, but it also may result in the loss of a lot. With the boat ramp access now proposed along the center of the lot line between Lot 17 and the common area, and with coastal marsh impact and the adjacent transitional /slope wetland minimized, the cost and potential loss of space resulting from re- platting lots was not considered feasible. Rights to access and use water- dependent structures on the common area are clearly outlined in the subdivision's restrictive covenants. The boat ramp was permitted by the previous owner /developer, and although the covenants reference a boat dock, the boat ramp is the only remaining water - dependent structure on the common area. The current owner of un- purchased lots (applicant) is trying to maintain access to that structure and respect the intent of the covenants. The applicant wishes to maintain an access to the structure for any current and future lot owners who may wish to use the ramp. The applicant will maintain the structure as needed, but once transferred to the HOA, the HOA may make any changes its majority prefers. However, at this time, the applicant is attempting to respect and honor previous commitments made to lot owners. 7) In addition to the original permit, authorization for replacement of the boat ramp was also obtained in approximately 1999 by the previous owner. Any repair work that may be needed now, such as replacing decking on the elevated wooden ramp, may meet requirements of the maintenance and repair exemption of the CAMA. In case the repairs do not meet the maintenance and repair exemption, permission to repair the boat ramp in its current footprint as shown on the enclosed site plans and as previously permitted by CAMA is requested as part of this application. By way of this letter, labels on the site plans and notation in the application forms, permission to maintain the boat ramp in its current footprint, dimension and elevation is requested. Thank you again for your assistance in this application process. If you have any additional comments or would like to discuss the proposed revisions, please feel free to contact me at your convenience. Sincerely, *t-1-1 Laura Stasavich agent, Land Management Group cc: Mr. Dave Timpy, US ACOE, Wilmington Mr. Jonathan Howell, NC DCM, Morehead City Mr. Wiley Jones, Shellbank Inc. www.lmgroup.net • info @lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM MP -1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Shellbank Inc Hardesty Farms Community Boat Ramp Access Relocation Applicant 1: First Name MI Last Name Mr. Wiley Jones Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. ...._ Mailing Address - - ____________ _. PO Box City State 6619 Wheeler Drive Charlotte NC ZIP Country Phone No. FAX No, . 28211 704 - 366 - 8891 ext. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Laura Stasavich Agent/ Contractor 2: First Name MI Last Name 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 128403- 3805 Wrightsville Ave, Suite 15 Wilmington NC Email lstasavich@imgroup.net <Form continues on back> 252 - 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastalmanagement.net Form DCM MP -1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location State Rd. # County (can be multiple) Street Address Hardesty LP is SR 1160 Carteret Shellbank Road (Common or Recreation Area), no street no. no state road number for Shellbank Road Subdivision Name City State Zip Hardesty Farms Harlowe Township NC 28570- .................... Phone No, Lot No. (s) (if many, attach additional page with list) - ext. Common Area, I , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project V Q L,-- Oyster Creek and Newport River 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 Newport River 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. In Harlowe Township of Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 754 -Ift along NHW as flagged by DCM Common Area Lot = 0.76 -ac c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N /A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) — 2' -3' ®NHW or ❑NWL e. Vegetation on tract Wax myrtle, Loblolly pine, Live oak, Baccharis halmifolia, Spartina patens, Juncus roemerianus, Spartina alternifora, f. Man -made features and uses now on tract Community boat ramp exists at waterward end of tract at the Newport River. g. Identify and describe the existing land uses adjacent to the proposed project site. Adjacent uses are residential. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? None (Attach zoning compliance certificate, if applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No 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 []No ®NA National Register listed or eligible property? <Form continues on next page> a; �:III Z7 n Form DCM MP -1 (Page 3 of 5) 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. No wastetreatment is needed for the common area lot, which will not have bathrooms. Adjacent lots have received approval for individual, on -site wastetreament systems. o. Describe existing drinking water supply source. No water is need for the common area lot, although the North River Community system supplies the area. p, Describe existing storm water management or treatment systems. No stormwater management features exist on the lot, however, stormwater management features for the overall subdivision were approved by SW8 880210. A plan dated 12/17/87 and associated with the stormwater management plan for the subdivision shows a 12' -wide driveway along the lot line between the common area and Lot 17. Stormwater from the relocated access drive would sheet flow into adjacnet vegetated areas. 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 requested work is to relocate the existing community boat ramp access. The boat ramp is currently being accessed through Lot 17 which will impede construction of the septic field and associated home. Access will be relocated to the lot line between Lot 17 and the common area lot which will remove common area access from the majority of Lo 17, preserve waste treatment for the adjacent lots, and minimize wetland impacts. Uses will continue to be by the Hardesty Farms homeowners for launching of small boats at the ramp. 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 methods and techniques for installation of retaining wall and fill; dumptruck, backhoe. d. List all development activities you propose. Relocation and construction of dirt access driveway; construction of retaining wall along edge of re- located access and coastal marsh. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 7,574 ®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. No direct discharges to waters of the state are proposed. 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. , s A +, 5 Form DCM MP -1 (Page 4 of 5) APPLICATION for Major Development Permit <Form continues on back> 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. Name Raymond and Mary Ann Luce Phone No. not available on free public records Address 144 Shellbank Road, Newport, NC 28570 Name Anne Marie Nix Phone No. not available on free public records Address PO Box 321, Wedowee, AL 36278 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. Obtained by previous owner /developer, SW8 880210 and CAMA Permit obtained for boat ramp — 1999 , permit number unknown. 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 Ctrs -- mm Print Name _Land Management Group Inc, agent Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ®DCM MP -3 Upland Development IFIF, 1 111111 111 T », Form DCM MP -1 (Page 5 of 5) ❑DCM MP -4 Structures Information APPLICATION for Major Development Permit 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 N/A N/A N/A Repair only. N/A N/A N/A -55' Width -10' Avg. Existing -2' -3' NA NA Depth Final Project No change. NA NA Depth 1. EXCAVATION ED 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. 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 (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? ❑Yes ❑No RNA (ii) If no, attach a letter granting permission from the owner,. d. (i) Will a disposal area be available for future maintenance? [--]Yes ❑No ❑NA (ii) If yes, where? Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑ Riprap ❑Breakwater /Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e, Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater /Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area -7,574 sa.ft.) (iv) Purpose of fill To provide access to the existing boat ramp access through the common area. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. El This section not applicable b. (i) Will fill material be placed in 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 4,074 ❑None (ii) Describe the purpose of the fill in these areas: To provide access to the existing boat ramp on the common area lot which was platted by previous owner /developer, 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)? Side slopes will be used along the edges of the driveway which is Backhoe, dumptruck expected to be an average V to 2' above the adajcent, existing grade. A retaining wall (up to 150 -Ift) may be constructed along the eastern edge of the access drive to minimize wetland impact if fill side slopes are not possible within the proposed footprint. Side slopes will be stabilized with silt fencing at the toe for temporary stabilization and grassing for permanent stabilization. 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. N/A 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. Construction will begin at the road and will extend out over the drive as work progresses. S - -2 B :: 1- B - ' - www.nccoastaimanasement.net revised: 12/26/06 4ung-1 Date Hardesty Farms Community Boat Ramp Relocation Project Name Shellbank Inc. Applicant e App' ffSignature 252-808-2808::1-888-4RCOAST::www.nccogstairt!�n cem nt.net revised- 12/26/0)S a L me Form DCM MP -3 UPLAND DEVELOPMENT (Construction and /or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. No new subdivision. All work will be within the existing common area lot. c. Density (give the number of residential units and the units per acre). N /A- Work would serve existing Hardesty Farms subdivision. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land- disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No ENA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and /or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Access drive to be approximately 14.5% of AEC area. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 7,574 -sqft f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Clean fill sand and wooden retaining wall. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? EYes ❑No ❑NA i. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: _Information is being and /or built -upon surfaces, such as pavement, building, rooftops, submitted to NC DWQ regarding modification of SW8 or to be used for vehicular driveways or parking. 880210. 5,840 sq.ft. of relocated access drive surface on common area lot; 17.6% of lot. Note - previous SW8 880210 was obtained for subdivision. j. Describe proposed method of sewage disposal. N /A, No sewage disposal is required. Boats using the existing ramp are small boats with no heads. k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ENA If yes, attach appropriate documentation. Form OCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Community system available but additional water service is not needed for the requested work. o. When was the lot(s) platted and recorded? N/A - not an oceanfront lot. /'� �'- W-? Date Hardesty Farms Community Boat Ramp Access Project Name Shellbank Inc. Applicant Na! /���� Applica ignature n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. 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