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HomeMy WebLinkAbout20081349 Ver 1_CAMA Application_20080919AmT4 D-1 V* WA 08-1439 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary September 17, 2008 R a ? [?-!, P. WR a MEMORANDUM: SEP 1 9 2008 DENR - WATER QUALITY TO: Cyndi Karoly, Supervisor WETLANDS AND STORMWATER BRANCH 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robert and Meg Zack Project Location: 180 Olde Point Rd., adjacent to canal off Old Topsail Creek, in Hampstead, Pender Co. Proposed Project: to construct a new bulkhead waterward of the existing bulkhead and to install a new floating dock at the existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 11, 2008. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 91 0-796-721 5 1 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert and Meg Zack 2. LOCATION OF PROJECT SITE: The project site is located at 180 Olde Point Road, adjacent to a canal off Old Topsail Creek, in Hampstead, Pender County. Photo Index- 2006: 27-6599: U, 6-7 2000: 26-338: C, 2 1995: 26-321: K, 6 State Plane Coordinates - X: 2401887 Y: 228399 Lat: 34°22' 12.50646" N Long: 77°40'05.64152" W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill ROVER FILE #: Q090311B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/3/08 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - Complete on 8/19/08 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing - A single-family residence, bulkhead and private docking facility. Planned - New bulkhead and installation of a floating dock. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FTT.T,ED OTT4FR (A) Vegetated Wetlands -55 sq. ft. (B) Non-Vegetated Wetlands - (open water) -85 sq ft. 96 ft.2 (incorporated) (C) Other- High ground (Bulkhead Backfill) 22,500 ft.' (D) Total Area Disturbed: 22,736 ft.2 (0.52 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a new bulkhead waterward of the existing bulkhead and to install a new floating dock at the existing private docking facility. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 91 0-796-721 5 1 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Robert & Meg Zack CAMA/Dredge & Fill Permit Page Two 9. PROJECT DESCRIPTION: The project site is located at 180 Olde Point Road, adjacent to a canal off Old Topsail Creek in Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to Country Club Road. Turn right onto Country Club Road, and travel approximately 0.7 miles to Olde Point Road. Turn right onto Olde Point Road and follow it approximately 1 mile. The property is located past the small bridge, on the right. The project area consists of a lot measuring approximately 0.57 acres in area. The application states the highground portion of the property is elevated approximately 6 feet above Normal High Water. Vegetation consists of lawn grasses, ornamental trees and shrubs on the highground. Existing man-made features on the property include a single-family residence and a private docking facility. The shoreline is stabilized with a bulkhead, which is failing, resulting in ground subsidence landward of the wall near the pier. Coastal wetlands consist primarily of Salt Marsh Cordgrass (Spartina alterniflora) waterward of the bulkhead, with a few Glasswort plants (Salicornia sp.) interspersed. The coastal wetland vegetation ranges from approximately 2' to 6' in width. An existing docking facility is located near the center of the property. A ramp leads from the bulkhead onto two adjoining floating docks. Together, the two floating docks measure 32' in length by 6' in width. An existing boatlift has been installed immediately adjacent to the bulkhead on the south side of the dock. At this point, the canal measures approximately 81' in width from the bulkhead to the waterward edge of marsh across the canal. The waters of the canal adjacent to the project site are classified as SA by the North Carolina Division of Water Quality. They are not designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, but they are classified as Permanent Secondary Nursery Area and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant is proposing to construct a new 140' vinyl bulkhead a maximum distance of one foot waterward of the existing bulkhead and add a floating dock to the existing private docking facility. The applicant is also proposing to install a 16' in length by 6' in width floating dock immediately adjacent to the existing floating docks. The float would be located to the south of, and in alignment with the other floating docks, adjacent to the boatlift. The reconfigured docking facility would allow for the docking of a total of four vessels. The existing water depth in the proposed docking location is approximately -2.5' at NLW. 10. ANTICIPATED IMPACTS The additional floating dock would result in the incorporation of an additional 96 square feet of Estuarine Waters and Public Trust Area. The proposed bulkhead would result in the filling of approximately 55 square feet of Estuarine Waters, Public Trust Area and Coastal Wetlands, vegetated with Salt Marsh Cordgrass (Spartina alterniflora) and some Glasswort (Salicornia sp.). The bulkhead would also result in the filling of approximately 85 square feet of unvegetated Estuarine Waters and Public Trust Area. The project would result 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Robert & Meg Zack CAMA/Dredge & Fill Permit Page Three in the disturbance of approximately 1,540 sq. ft. of high ground as the result of bulkhead construction, the associated anchor and tie-back system and backfill. As proposed, the floating dock would conform to the 1/4 width rule. It would extend approximately 20' into the waterbody, which measures approximately 81' across at this point. The dock would not extend into either 15' riparian setback. Submitted by: Heather Coats Date: August 16, 2008 Office: Wilmington 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper ?t- o Xv c p OA ' }? ?' ?Pi?:t? i'1'1?(? L.? n? t.?,?Li?l min(}'` ,6?h"...?? ?I? ? n ?b?.cK??t1 c;C? 15 f! W v t'%A l cJ S l F? l E V 6 ztLC? CV- s +9,©-s3? - x'737 S «? was 1- t' .r , Ole- 5 4 w SEP 0 8 2008 ON MP-1 0 8- 1 439 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 2. Agent/Contractor Information Business Name j, r '?,C4? I Il L?. ? U11 fTU? 1 tJ('.? till Last Name AgenU Contractor 1: First Name 1 +e !. ex, Agent/ Contractor 2: First Name MI Last Name PO Box Mailing Address r-- Y^ < - 1 . I i J% k? - ZIP ° FAX No. opo - "7`11 41.3 1'( Street Address (if different from above) Email Phone No .1 Contractor # City City Pull Phone No. 2 State ZIP State lti" C. ext. RECEIVyt continues on back> SEP 1 9 2008 RForrn SEP U 6 200$ WETLANDS AND STORMWATER BRANCH D C M W! L M i N G "ct N f,4 _ j Form DCM MP-1 (Page 2 of 4) APPLICATION to- Major Development Permit 3. Project Location County (can be multiple) Street Address J R J P State Rd. # ip i qo I Subdivision Name City State Zip &2;' h C1 Phone No. t 4 ` Lot No.(s) (if many, attach additional page with list) . 0 -, ;33- 7 , ex It a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project C CCi e, 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 _T_ C 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. 4. Site Description a. Total length of shoreline on the tract (ft.) V b. Size of entire tract (s//q.ft.) ..? ?/ b 1 l 2 c. Size of individual lot(s) nn ?l 4 t--'}'- d. Approximate elevation of tract abo NHW (normal high water) or NWL (normal water level) (If many lot sizes, please att ch additional page dvith a list) r c4yo V VNHW or ?NWL e. Vegetation on tract I. Man-made features and uses now on tract ?f s g. Identify and de cribe the existing land uses adiacent to the proposed projec site. h. Haw does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (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 JjNo XNA National Register listed or eligible property? rW& EIV <Form continues on next page> SEP 0 8 2008 OeM WILMINGTON, NC Major Development Permit m. (i) Are there wetlands on the site? Yes ?No (ii) Are there coastal wetlands on the site? XYes ?No. (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes XNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. D esscriib exi ling drinking water supply source. ? f V p. Describe existing storm water management or treatment systems. t. c- G Art- 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. I K h ecat - - - r ?t- l vc.?-, &o,- 5e, 1- -6 c. Describe the propo ed 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. usL 6aLf-- kot, .. lr? t •?TC7T r G l /?S ?ZLI Il F r? l SA et &JA& d. List all development activities u propose. -J- /7sk I I &A ham( e. Are the proposed activities maintenance of an existing project, new work, or both? 0 11 I. What is the approximate total disturbed la area resulting from the proposed pro ect? q.Ft or ?Acres g. Will the proposed l:Wbject encroach on any public easement, public acces . ay or other area ?Yes Na [INA that the public has established use of? h. Describe location n d type of existing and proposed discharges to waters of the state. a Q ?? ?? ????lf ? S+k t'?J? ?w,, A i. Will wastewater or stormwater be discharged into a wetland? ?Yes (SNo V'NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No QS?4A j. Is there any mitigation proposed? ?Yes 1?2No XNA If yes, attach a mitigation proposal. C is <Form continues on back> SEA' 0 8 2008 DCM WILMINGV Obi. INC 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 property 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 Phone No. Address Name Phone No. ,Z 3-c c(- 7qS- Address _ ID _ /V- C 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 that the information provided in this application is truthful to the best of m/y? knowledge. Date Print Name S"? ??Ql? ?, C._C;OtNJC'7 re -L-A Signature 71, Please indicate application attachments pertaining to your proposed project. (ODCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development J6CM MP-4 Structures Information RECEIVF 008 DCfv,l W1LM1t,lGT1 N, N( 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 fleet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL) ( stabilization Length Width Avg. Existing NA NA Depth Final Project 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. 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), -- 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: 2. DISPOSAL OF EXCAVATED MATERIAL (AThis section not applicable a. Location of disposal area. b. Dimensions of disposal area. ?? 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 (SS). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SS ?WL ?None (ii) Describe the purpose of disposal in these areas: f. (i) Does the disposal include any area in the water? ?Yes ?No ?NA (ii) If yes, how much water area is affected? RE E ? I P vc-l v W LUU0 DCM W1LMJINlC U)9,_ NC 3. SHORELINE STABILIZATION C1 This section not applicable (If development is a wood groin, use MP-4 - Structures) a_ Type of shoreline stabilization: b. Length: q V- X-Bulkhead []Riprap OBreakwater/Sill []Other: Width: c. /TAv'erage distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12 months? v OYes ONO ONA 61- (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to ?¢ placed below water level. Bulkhead backfiliJp ?, ?[? prap BreakwatedSill `1 Other i. Source of fill material. h. Type of fill material. s n 4. OTHER FILL ACTIVITIES []This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? es ?No ONA b Will fill material be placed in coastal wetlands/marsh (CW). If yes, submerged aquatic vegetation (SAV), snert bottom tae), or O u Amount of material to be placed in the water other wetlands (WL)? tf any boxes are checked. provide the number of squar - reet affected. (iii) Dimensions of fill area 2Vn i]SAV ?SB (iv) Purpose of fill OWL ONone (ii) Describe the purpose of the fill in these areas: 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)? r. r Y9 S ?c?? ?nc?? . C. (i) Wi navigaa;661 aids be required as a result of the project? d. (i) Will wetlands b@ Grossed. in transporting equipment to project OYes ;lo ?QNA site? ?Yes o ? A (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Applicant Name Project Name / Applic nt Signature. C ' CCNI WILMINGTON, NC 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 ?PubliclGovernment Zerivate/Community []This section not applicable b. (i) Will the facility be open to the general public? ?Yes 'XNo c. (i) Dock(s) and/or p' r(s) (ii) Number (iii) Length (iv) Width (v) Floating ?Yes []No e. (i) Are Platforms included? XYes ?No If yes: (ii) Number (iii) Length (iv) Width lZ9 (v) Floating 19,Yes ?No /vote: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing 3 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: 25- k. Typical boat length: m. (i) Will the facility have tie pilings? []Yes XNo (ii) If yes number of tie pilings? d. (i) Are Finger Piers included? ?Yes XNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ?Yes XNO 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: ? 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). C? Pen CL b CK:l,r1, t. (i) Will the facili be open to the general public? ?Yes WNo CE . ?)CM WILdVJNC,,-a`0r?i mi 2. DOCKING FACILITY/MARINA OPERATIONS This 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? 0r.?r. IIIr. D-- SEP 0 8 2008 DC:M WILMINGTON, NC 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. ote: For buoy cor mooring use alc'of swing i clu ing length ?S of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL e. (i) Will navigational aids be required as a result of the project? ?Yes 'KNo ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER ?This section not applicable a. Give complete description: Date Project Name J?tW? ?,81/?iyc?<-?.- Applica Name 6, ?-, Applicant Signature RE C;4- E SEP 0 2008 J0CM WILM,'#\JGT0 NC z y pp 04 I ? ? t T Z s 7 v c? c p 17 W YI C N 9 U ?O r- N v O E C E V " .. SEP 0 8 2108 DCM WI! l,,'?e.Z r?~ ., 1 r 1 ? wAA&r- b*,\ r ?p ? yC ,DO 2(p c Cti , M Coe? r g-- ?c 7 v+ `r 1 7T' C7 0 ? M OQ Iv r, RECE SEP 0'2,08 k) ?kNNt (,,Ke, IAW Y fr,,7 N Th r?? c??cu vh??c? 1 I.l.t'\ ,\"'?" ?? 5'?c ? L??,}-?? C ???(?1'? SG??Mc??? C;M TU C; ?1 ?rr C?t.? ?o G •- x-a.V e-k • (o n M 1 SEP U 6 20003 ?N ; ? M i n#o r1 DCM WILMIN -?Os??. 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