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HomeMy WebLinkAbout19980520 Ver 1_COMPLETE FILE_19980618State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 11 1 ? • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 28, 1998 New Hanover County WQC 401 Project # 980520 APPROVAL of 401 Water Quality Certification Mr. Joseph Johnson, Jr. 1801 Azalea Drive Wilmington, NC 28405 Dear Mr. Johnson: You have our approval, in accordance with the attached conditions, to place fill material in 1,000 square feet waters and dredge 29,500 square feet of water for the purpose of conducting maintenance dredging and construct a bulkhead, as you described in your application dated June 18, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Domey Central Files John Parker, DCM Sincerely, r on Howar , r. P E 980520.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper 07/27/1998 16:59 910-350-2004 HGDEH/WILMIHGT0N PAGE 02 To: John Dorney %vixonmantal Sciences Dmuch T)IVISION OF WATER QUAI M OAMA MA10R. MPT...AM1CAM N RFM1FW BEGI NAY, Q STS R MAT_AND "XnMAWMAUM REV]<EV M; STMWUM ACTYIVG'WQ SUPERVISOR: SMVLR DATE: June 23, 1998 Y=d OFFICE TRACKAIIG C?? 1 PERMIT YR: 98 PERART NO.: 990520 COUNTY: New Hanover FROrECT NAME: Joseph S. Johmon, Jr.12023 Turner Nursery Rd. I%OJECT T'I'PS: Dredge & Fig PERMIT WIT: CAMA, COX #: N/A DOT/!: N/A RCD FROM CDA: DCM DATE IROM CDA; Tune 10, 1-9,98 REG OFFICE: WiRO RIVER AND SUS BASIN#: 03062,4 *STREAM Olt ADJACENT WAT) :R BODY: Mddle Sound CLASS: SA, ORW STREAM INDEX #:18-97-21 'OPEN OR CLOSED: Closed. WL MWACT: N/A WL TM; N/A WL RE, QUESTED: NIA WL ACR EST: NIA WY. SCORE; NIA MITIGATION: N/A MITIGATION TYM; N/A MxrIGATION SIZE: N/A, RATINC 9MET AT TAMEW. N/A RE COIVINIENDATION: ISSUE; STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRiP''ITON: The applicant Proposes to mainteunce excavate an existing hasin and. acceos channol, bulkhead 185' of shoreline adjacent to the basin, and install a floating dock with three floating finger piers. ren1) 3YATER_QUALHY (tM- - CERT. Mql): Yes - i YES, TYPE: General Caertificadon # 3112 for CAMA I'err its to ?E,W-Afii W SAL TXPE OF DISPOSAL PROPOSED- NIA TO BE PERMIT "IBY: N/A. IF $Y D'WQ,'S SITE AVAILABLE AND M M T ISSUANCE PROBABLE: N/A BLVW,TLA Sp rn,L AREA OF F.L - WATER: N/A WE'T'; .ANT): 1,000 sq ft IS 1 ff-L ELII4NAMG A SIGNIIICANT USE? No iIRiEPOr IS UREDGINQ ACTIVIT'Y EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL AMQUAT ?r _y ADDRMSED? Yes 07/27/1998 16:59 910-350-2004 HCDEH/WILMIfIGTOJ PAGE 03 990520.11?ne rage Two MAMA ARE THE FOLLOWING ADEQUATELY ADDMSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN. N/A CLOSURE OF SHELLMS15ING WATERS: N/A (ATTACH A MARINA USE AT'T'AINABILITY EVAL.) RECOMMEMM RPER',l]CC.Y3.TFi1RIGT1ON&: That tht project be done in Such a manner so as to not cause turbidity outside the immodiate construction mra to exceed 25 NTU. cc: Central Files - Jahn Dorsey Wilmington. Regional Office Files DCM-Jim (hvgson P. 07/27/1998 16:59 910-350-2004 HCUEH/WILMIHGT0H PAGE 01 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Governor Wayne McDevitt, Secretary FAX COVER SHEET pate: - 96 To: CO: _ FAX H. No. Of Pages: From: ? A N CO: FAX#: 21 Own-2QQ4_ --- RE MARKS: 177 Carding[ Urlye Extension, Nilininglon. N.C. 25405.3845 Telephone (910) 395-3900 Fex (910) 350.2004 An EquAI Opportunity AfGrtnutive Action Employer State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 1, 1999 MEMORANDUM To: Doug Huggett DCM From: Cyndl Bell (for John Dorney) DWQ Wetlands Unit D E N R Subject: Permit modification request by Joseph Johnson, Jr., New Hanover County CAMA Permit No. 107-98, DWQ Project No. 980520, COE Action ID. No. 199801716 Reference is made to your memorandum of December 10, 1998, in which you requested our review of a proposal by Mr. Joseph Johnson to modify his CAMA Permit to allow filling of marsh habitat adjacent to the bulkhead on his property. Based upon comments received from staff of the DWQ Wilmington Regional Office, the Division of Water Quality has no objections to the requested modification. Thank you for consulting us on this matter. Cc: Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 01/25/1999 11:59 910-350-2004 NCDENR WIRO PAGE 02 MEND. DJL DATE: January 5, 1999 TO: Doug Huggett permits Section, D-C?M/ FROM: , Joanne Steenhuis-- ?1 . Wilu? ngton Regional Office 'THROUGH: Rick Shiver 0-.•4? Regional Water Quality Supervisor SUBJECT: Regional office Review and Recommendations Application for Modification of State Permit #10798 (WQ Project # 980520) Joseph IT Johnson, Jr. New Hanover County This office has no objection to the requested modification by Ms'. Johnson. oc_ John. Dorney- Central Files wilmin,gton Regional Office Files J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT December 10, 1998 JAMES B. HUNTJR.:.,, .? GOVERNOR MEMO TO: WAYN6 MCDEVIt SECRtTARY 0, 1, ?r?y I d DONNA D: M6ir DIRECTOR' :':.,J X, FROM: SUBJECT: Jeff Richter, COE - Wilmington Joanne Steenhuis, DWQ - Wilmington John Dorney, DWQ - Raleigh t/. Fritz Rohde - DMF - Wilmington Bennett Wynne - WRC Doug Huggett,._ Assistant MaJ4- Permits Coordinator Permit modification request by Joseph Johnson Y Enclosed please find a modification request from Joseph Johnson to fill approximately .? K, {' ?YF?• 100 square feet of coastal marsh in an upland basin adjacent to the Middle Sound in E f New Hanover County. Mr. Johnson was originally issued CAMA Permit No. 107-98 (COE Action ID No. 199801716, DWQ Project No. 980520) to bulkhead the basin, but the filling of any marsh area was prohibited. Mr. Johnson now wishes to keep his i` w' original proposed bulkhead alignment, which would necessitate the filling of the (: - marsh habitat (See enclosed 11/18/98 memo from Jim Gregson). Before taking any action on this request, the Division requests that you review the proposal and provide comments back to this office. Enclosed for your review are copies of the original i project field investigation report, as well as Mr. Johnson's 11/9/08 modification request. If you have any questions concerning this matter, please feel free to contact i? me at (919) 733-2293 or e-mail me at doug_huggett@mail.enr.state.nc.us. I would like to request that, if at all possible, comments on this project be returned to this office no later than January 10, 1999. Thank you for your consideration of this matter. i cc: Jim Gregson ?, '"' fit-r,.r ,• C:\BACKUPSUGHNSOMMOD 41 P.O. BOX 27687, RALEIGH, NC 2761 1 -7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSUMER PAPER DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph H. Johnson, Jr. 2. LOCATION OF PROJECT SITE: 2023 Turner Nursery Road, Adjacent to Middle Sound (AIWW), in New Hanover County. Photo Index - 1995 : 22-25 9 M, N 7,8 .1984: 174-13 V, W 11,12 1928: 17-1061 Q, R 5 State Plane Coordinates - X: 2370800 Y: 189200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/19/98 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 05/01/98 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, PT, EW, OR (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank Planned - None (F) Type of Structures: Existing - Main house, guest house, pump house, retaining wall Planned - Three floating dock sections (G) Estimated Annual Rate of Erosion: < 1 ft. /yr. Source - Personal observation 7. HABITAT DESCRIPTION: [AREA] D EDGED Ell LED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 29,500 sq. ft. 1,000 sq. ft. (shallow bottom) (C) Other (incorporated) (open water) 720 sq. ft. (D) Total Area Disturbed: 29,500 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to maintenance excavate an existing basin and access channel, bulkhead 198' of shoreline adjacent to the basin, and install a floating dock with three floating finger piers. Joseph H. Johnson, Jr. Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 2023 Turner Nursery Road in the northeastern part of New Hanover County. To find Turner Nursery Road one would take the north fork of Middle Sound Loop Road, travel approximately 1.8 miles to Mason Landing Road, turn left onto Mason Landing Road and Turner Nursery Road will be approximately 0.2 miles on the right. The property is adjacent to Middle Sound (Atlantic Intracoastal Waterway) and is adjacent to and to the south of the Johnson Marine Services, Inc. boat basin. The highground property is approximately 2.8 acres and has an average elevation of approximately 10' above mean sea level. Existing structures on the property include a residence, a guest house, a pump house and driveways. The highground property is vegetated primarily with Live Oak, Red Cedar, and lawn grasses. The property has approximately 160' of water frontage on Middle Sound. There is an existing, failing concrete retaining wall along approximately 80' of this shoreline. Waterward of the applicant's shoreline there is an existing basin approximately 150' long by 50' wide. This basin also extends an additional 300' south of the applicant's southern property line. An existing access channel connects the basin to the Atlantic Intracoastal Waterway (AIWW). The western boundary of the US Army Corps of Engineer's Right-of-way for the AIWW is approximately 500' from the applicant's shoreline. Both sides of the access channel, for a distance of approximately 250', are vegetated with Smooth Cordgrass marsh (Spartina alterniflora). The unvegetated area of the access channel is approximately 30' wide at the narrow most point. North of the channel this marsh fringe averages approximately 40' in width and is bounded on the north by an existing concrete hardstand area at the Johnson Marine Services, Inc. facility. Spartina alterniflora marsh is also present around the northeastern perimeter of the basin. On August 31, 1976, the applicant was issued a permit from the Wilmington District Corps of Engineers (SAWKS75-65-23-229) authorizing the maintenance of the existing basin and access channel. The authorized project dimensions at that time were a 100' X 150' basin (approximate), with an access channel 400' long, having a 20' bottom width. Both the basin and access channel had an authorized depth of -6.5' at mean low water (MLW). The applicant was also issued State Permit #139-76 which authorized a basin 100' X 125' and an access channel 400' X 30', both at a depth of -6' MLW. This permit was renewed two times. The last renewal had an expiration date of April 30, 1981. Aerial photography indicates that the project was maintained sometime between 1978 and 1984. Currently the basin and access channel have shoaled to the point that navigation is not possible during most of the tidal cycle. Current depths are approximately + 1.0' MLW. The portion of the basin to the south of the applicant's property has remained somewhat deeper. The waters of Middle Sound and the AIWW are classified "SA" by the Division of Water Quality and also carry a supplemental classification of Outstanding Resource Waters. The area is not designated a Primary Nursery Area and is open to the taking of shellfish. There is an existing shellfish closure area to the north of the project within the Johnson Marine Services, Inc. boat basin and access channel. The applicant is proposing to maintenance dredge the existing access channel and boat basin in front of his property. Also proposed is the construction of a bulkhead along 185' of shoreline on the west side of the basin and the installation of a floating dock with three floating finger piers Joseph H. Johnson, Jr. Page Three within the basin. The dimension of the maintained basin will be 80' X 85' X -6' MLW. The access channel will be maintained at 480' X 15' (bottom width) X -6' MLW. The channel cut will be made with approximately 2:1 side slopes and will have a top width of 30'. Plans submitted with the application also indicate that the last 200' of this access channel, as it meets the existing -6' MLW contour near the AIWW Right-of way, will flair from a 30' top width to approximately 100' near the Right-of-way. Excavation of the basin and access channel will be accomplished by barge mounted mechanical excavator. Excavated material will be placed on the applicant's highground property adjacent to the basin and will be contained behind and dike and silt fencing. The proposed bulkhead will be constructed of treated wood and will be positioned an average of 5' waterward of mean high water (MHW). A portion of the excavated material from the basin and channel will be used to backfill the bulkhead once the material has been dewatered. The proposed floating dock will be 8' wide by 60' long and will be positioned parallel and adjacent to a portion of the new bulkhead. The 8' X 60' floating dock will have three floating finger piers attached to it, each 4' wide by 20' long. The finger piers will provide docking space for four boats. The floating dock will be accessed by a ramp attached to the bulkhead. The applicant currently has approximately 20 floating dock sections tied up within the existing basin that were salvaged after Hurricane Fran. These dock sections will be pieced together to create the proposed docking facility. It is apparent, by evidence of dead marsh stems, that some of these floating docks have impacted the marsh fringe around the basin, making it difficult to determine the exact extent of the marsh in this area prior to the applicant bringing the docks into the basin. 10. ANTICIPATED EWPACTS The proposed dredging will result in the excavation of approximately 29,500 sq. ft. of shallow bottom, approximately 24,500 sq. ft. of which has been previously dredged. The existing floating docks within the basin may be on top of substrate that had revegetated with Spartina alterniflora since the last dredging event. The construction of the proposed bulkhead will result in the filling of approximately 1,000 sq. ft. of shallow intertidal bottom within the existing basin. The proposed floating docks will result in the incorporation of approximately 720 sq. ft. of Public Trust Area within the existing basin. Short term increases in turbidity can be expected during dredging and construction of the bulkhead. Submitted by: Jim Gregson Date: June 4, 1998 Office: Wilmington State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna Moffitt, Director TO: Doug Huggett Permits Section, DCM FROM: Jim Gregs Field Representative, DCM THROUGH: C. Robert Stroud, Jr. District Manager, Wilmington, DCM DATE: November 18, 1998 SUBJECT: Request for Modification of State Permit #107-98 Joseph H. Johnson, Jr. New Hanover County so.? State Permit # 107-98 was issued to Mr. Johnson on August 10, 1998 authorizing maintenance dredging, pier and bulkhead construction. Due the presence of floating dock sections tied up randomly within the basin at the time of the site investigation, the total extent of Coastal Wetland vegetation around the basin perimeter could not be deternined. As a result, a condition was placed on the permit requiring that the final bulkhead alignment be determined within a maximum of 30 days prior to the start of construction. I informed the applicant that the floating dock sections would need to be moved prior to staking the bulkhead alignment. Subsequently, the floating docks were moved and I staked the proposed bulkhead alignment on November 2, 1998. The staked alignment was located landward of all Coastal Wetlands. In an area on the south side of the basin this required the bulkhead to be constructed approximately 10 feet landward of the proposed alignment, which approximated the old bulkhead location. No Coastal Wetland fill was requested with the original permit application because the applicant did not anticipate the presence of Coastal Wetland species in this location. The applicant would like to maintain the original proposed bulkhead alignment and therefor is requesting a modification to Permit 107-98 to allow the backfilling of approximately 100 sq. ft. of high marsh fringe dominated primarily by Distichlis spicata and Spartina patens. The applicant is also requesting a reconsideration to allow the "flair" at the mouth of the channel. The purpose of the "flair" would be to increase the amount of time between maintenance events in this area. The proposed modification request was received on November 9, 1998. V-T 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Doug Huggett Memo November 18, 1998 Page Two This Office has no objection to the minor amount of high marsh fill associated with the proposed bulkhead alignment, however based on the proposed "flair's" inconsistency with T15A NCAC 7H .0208 (b)(1), as stated in our earlier recommendations, is recommended that the requested reconsideration of this part of the proposal be denied. cc: Charles Jones Wilmington Files G Joseph H.Johnson 1801 Azalea Dr. Wilmington, NC 38403 November 9, 1998 James H. Gregson Field Representative North Carolina Department of Environment and Natural Resources 137 Cardinal Drive Ext. 'Wilmington, NC 28405 Re: LAMA Permit 107.98 3033 Turner Nursery Rd. Wilmington, NC Subject: Request modification to LAMA Permit #107.98 Dear Sir: I am requesting modification to the approved permit #107.98 as outlined below and indicated on attached drawing. 1. Request that. the bulkhead line be extended off share along the lines of the previous bulkhead. Eastward of bulkhead line as presently staked; which would allow the backfilling and covering of a minimal amount of "high" marsh. '. Request that the flare at the easterly end of the channel be authorized as shown on attached draNving/aerial photo. This is being requested to facilitate normal flow with the falling tide. It also should reduce erosion and premature filling which would extend the time between the ongoing work and the next maintenance dredging. This would also greatly reduce disturbance of the channel bottom and enhance marine gro A th. Sincerely, ?/-/ 1-,-17- oseph H. Johnson w.+z6 rry 1 ` W W W? W W .i ? ? ? y v' y NEW RETAINING WALL -^ .+ w W W W W W W v i v UAR?i CRASS V W L? x W W W W r ? tA' X W ? W ? ? ,v y ?t ?h W ?1' W W W r 1 1 t 4o W W W W / J• W 2? I W W W V r BACKFlLL R ? ? ? W W W W W Y X?O W y W W r. (.';...... x 'I- STN^v RETAINING WALL AT hWn+t.0 r A ?t 12.5' Am-wox J00 svr-l- - x?o zoo "HIGH" MARSH ?fEU; ous r3 o•/Klrrirt 0 ?+? REQUESTED BULKHEAD LINE BULKHEAD LINE ' AS STAKED BY DCM X% i l p4vPFQiY I tut I /.Q I PLAN SCALE: 1'-20' 20 10 20 SCALE IN FEET ELEVATIONS 'AND SOUNDINGS BASED ON LW-0.0 •Io DREDGING UuiTS --," / W W W W W 4o 4o i W W Y W ? W W ?w . Lft 1'?' W w :Pl 41 i W W y. MODMCATION TO CAMA PERMIT 107-98 AT 2023 TURNERS NURSERY ROAD (OGDEN AREA AT • A1. w M. ) WtMNGTM N.C.. NEW HANOV R CO. BY. JOE H. JOHK50K. JR. 5801 AZALEA DRIVE "LJAINGTON. N.C. PREPARED BY: CHARLES HOWS REGULATORY.CONSULTANT , 'JtNYI?}TM r A' ., t LL?4 4r•+ + rr• h, r t I , r A il°. CHANNEL PLAN .= •s 1 :?.? SCALE 1" = 20' ,1f ?r. CHANNEL AS RESTRICTED E1' :., CONDITION No 2 OF PERMIT 107-95 `•?? ?ytyP 'C ,PI'S t7S' .. ham. 7/4• C -'hd? a alt h/ ~}' ' ' CHANNEL "FLAIR" REQUESTED TO MINIMIZE EROSION A' rzJfiIiYCL?. A'. '?h^/,'•. , W 1- ((l LL 1x- y ;Xv MODIFICATION TO CAMA PERMIT 107-95 AT 2023 TURNERS NURSERY ROAD (OMEN ARC,-.A AT F LIY.1Y.) WILMINGTON, N.C., NEW HANOVER CO. K BY: JDEE H. JOHNSON, R. 1801 AZALEA DRIB Y WILMINGTON, N.C. PREPARED BY- CHARLES HOLLIS REGULATORY CONSULTANT NovrmRRA iooc _ Imo. y?" y H Y?w ? t t 9r . . ?p T t s-1: a a^ z: . js} Wks •.''• rr •?n .. .t ?, f'1.?, r a,..Ss r 1 .1 ? ?.+eww?+,l. •-31.,.4'7 4.1 Z" tt •Y `, ? t zg i .1 ,? Y??ki ; pry SIX ^r 'i+ii•. I .o Y • ' r t y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph H. Johnson, Jr. 2. LOCATION OF PROJECT SITE: 2023 Turner Nursery Road, Adjacent to Middle Sound (AIWW), in New Hanover County. Photo Index - 199 22-259 M,N 7,8 1982: 174-13 V,W 11,12 197$: 17-1061 Q,R 5 State Plane Coordinates - X: 2370800 Y: 189200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/19/9 - Was Applicant Prese t - Ye31 l - W 5. PROCESSING PROCEDURE: Application Received - 05/01/98 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, PT, EW, OR (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank Planned - None (F) Type of Structures: Existing - Main house, guest house, pump house, retaining wall Planned - Three floating dock sections (G) Estimated Annual Rate of Erosion: < 1 ft. /yr. Source - Personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 29,500 sq. ft. 1,000 sq. ft. (shallow bottom) (C) Other (incorporated) (open water) 720 sq. ft. (D) Total Area Disturbed: 29,500 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to maintenance excavate an existing basin and access channel, bulkhead 198' of shoreline adjacent to the basin, and install a floating dock with three floating finger piers. Joseph H. Johnson, Jr. Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 2023 Turner Nursery Road in the northeastern part of New Hanover County. To find Turner Nursery Road one would take the north fork of Middle Sound Loop Road, travel approximately 1.8 miles to Mason Landing Road, turn left onto Mason Landing Road and Turner Nursery Road will be approximately 0.2 miles on the right. The property is adjacent to Middle Sound (Atlantic Intracoastal Waterway) and is adjacent to and to the south of the Johnson Marine Services, Inc. boat basin. The highground property is approximately 2.8 acres and has an average elevation of approximately 10' above mean sea level. Existing structures on the property include a residence, a guest house, a pump house and driveways. The highground property is vegetated primarily with Live Oak, Red Cedar, and lawn grasses. The property has approximately 160' of water frontage on Middle Sound. There is an existing, failing concrete retaining wall along approximately 80' of this shoreline. Waterward of the applicant's shoreline there is an existing basin approximately 150' long by 50' wide. This basin also extends an additional 300' south of the applicant's southern property line. An existing access channel connects the basin to the Atlantic Intracoastal Waterway (AIWW). The western boundary of the US Army Corps of Engineer's Right-of-way for the AIWW is approximately 500' from the applicant's shoreline. Both sides of the access channel, for a distance of approximately 250', are vegetated with Smooth Cordgrass marsh (Spartina alternifZora). The unvegetated area of the access channel is approximately 30' wide at the narrow most point. North of the channel this marsh fringe averages approximately 40' in width and is bounded on the north by an existing concrete hardstand area at the Johnson Marine Services, Inc. facility. Spartina alterniflora marsh is also present around the northeastern perimeter of the basin. On August 31, 1976, the applicant was issued a permit from the Wilmington District Corps of Engineers (SAWKS75-65-23-229) authorizing the maintenance of the existing basin and access channel. The authorized project dimensions at that time were a 100' X 150' basin (approximate), with an access channel 400' long, having a 20' bottom width. Both the basin and access channel had an authorized depth of -6.5' at mean low water (MLW). The applicant was also issued State Permit #139-76 which authorized a basin 100' X 125' and an access channel 400' X 30', both at a depth of -6' MLW. This permit was renewed two times. The last renewal had an expiration date of April 30, 1981. Aerial photography indicates that the project was maintained sometime between 1978 and 1984. Currently the basin and access channel have shoaled to the point that navigation is not possible during most of the tidal cycle. Current depths are approximately + 1.0' MLW. The portion of the basin to the south of the applicant's property has remained somewhat deeper. The waters of Middle Sound and the AIWW are classified "SA" by the Division of Water Quality and also carry a supplemental classification of Outstanding Resource Waters. The area is not designated a Primary Nursery Area and is open to the taking of shellfish. There is an existing shellfish closure area to the north of the project within the Johnson Marine Services, Inc. boat basin and access channel. The applicant is proposing to maintenance dredge the existing access channel and boat basin in front of his property. Also proposed is the construction of a bulkhead along 185' of shoreline on the west side of the basin and the installation of a floating dock with three floating finger piers Joseph H. Johnson, Jr. Page Three within the basin. The dimension of the maintained basin will be 80' X 85' X -6' MLW. The access channel will be maintained at 480' X 15' (bottom width) X -6' MLW. The channel cut will be made with approximately 2:1 side slopes and will have a top width of 30'. Plans submitted with the application also indicate that the last 200' of this access channel, as it meets the existing -6' MLW contour near the AIWW Right-of way, will flair from a 30' top width to approximately 100' near the Right-of-way. Excavation of the basin and access channel will be accomplished by barge mounted mechanical excavator. Excavated material will be placed on the applicant's highground property adjacent to the basin and will be contained behind and dike and silt fencing. The proposed bulkhead will be constructed of treated wood and will be positioned an average of 5' waterward of mean high water (MHW). A portion of the excavated material from the basin and channel will be used to backfill the bulkhead once the material has been dewatered. The proposed floating dock will be 8' wide by 60' long and will be positioned parallel and adjacent to a portion of the new bulkhead. The 8' X 60' floating dock will have three floating finger piers attached to it, each 4' wide by 20' long. The finger piers will provide docking space for four boats. The floating dock will be accessed by a ramp attached to the bulkhead. The applicant currently has approximately 20 floating dock sections tied up within the existing basin that were salvaged after Hurricane Fran. These dock sections will be pieced together to create the proposed docking facility. It is apparent, by evidence of dead marsh stems, that some of these floating docks have impacted the marsh fringe around the basin, making it difficult to determine the exact extent of the marsh in this area prior to the applicant bringing the docks into the basin. 10. ANTICIPATED EWPACTS The proposed dredging will result in the excavation of approximately 29,500 sq. ft. of shallow bottom, approximately 24,500 sq. ft. of which has been previously dredged. The existing floating docks within the basin may be on top of substrate that had revegetated with Spartina alterniflora since the last dredging event. The construction of the proposed bulkhead will result in the filling of approximately 1,000 sq. ft. of shallow intertidal bottom within the existing basin. The proposed floating docks will result in the incorporation of approximately 720 sq. ft. of Public Trust Area within the existing basin. Short term increases in turbidity can be expected during dredging and construction of the bulkhead. Submitted by: Jim Gregson Date: June 4, 1998 Office: Wilmington Form DCM-MP-1 APPLICATIO (To be completed by all applicants) 1. APPLICANT a. Landowner: ?os?lJ fl, ?OWN- Name oN Address /FO/ A241e, (-')2 City IV, ?1""'Cel /a o State Zip o S" Day Phone WO 74 2 4S" 2/ 9/0 6 sZ lvo-s- Fax W o 6 46 D 39d Authorized Agent: 40ILL-IS Name (ff+wrZL1E Address 1Z6 (:9WMMTI :P?y l rZ . City Wit-VVtJA& V^1 State X 01- Zip Z?ID Day Phone -:?10 -3qZ-6933 Fax 0110 -34Z-&9-33 c. Project name (if any) _ NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County h ,/VO VeYL b. City, tow , community or landmark ?1 c, wi (AIC07on! c. Street address or secondary road n}gber Z 0 2.3 'Tv temye gyg 51Wq 1CD d. Is proposed work within city limits or planning jurisdiction? Yes X_ No Name of body of water nearest project (e.g. river, creek, sound, bay) 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 11lamm iN 02(p R(EPAM 3049T 13QSi 1 13bLg941QD,NND F'LO*7tNC- DoGKS 14Q' ?cts-nNC. LWELL/Nta b. Is the proposed activity maintenance of an existing project, new work, or both? MAIN1LNlANCE c. Will the project ?be for public, private or commercial use? P)mIVAI-E d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Noce- PrewnrE- VeWeIS R V pTE y6 -, Aiy 8te5lf4 J J LM V =0 DIVISI?- JF COASTAL MA14AGEMENT Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract A%i eey ?2 - *Y AC e-5A S b. Size of individual lot(s) A/ /R c. Approximate elevation of tract above MHW or NWL /o' d. Soil type(s) and texture(s) of tract si9NZ t C.10 44W1 e. Vegetation on tract C)Rtc -T-iis-_ES - LwwN dsmsgss f. Man -made features now on tract J?WtZLlH(G T QV't- $VIi.t71NGS g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by,, local,government? Si 22le ? S.c%I • ?i it L i. Is the.prop.osedproject consistent with the applicable zoning? ?? Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes L--' No If yes, by whom? k. Is the project. located , in a National Registered Historic District or does . it involve a- National Register listed.or eli ible.property?. Yes No 1. Are there wetlands on the site? Yes ? No Coastal (marsh) Other If yes, has a delineation been conducted? ?? (Attach documentation, if available) m. Describe existing wastewater treatment facilities. Ssvn c. TNK n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residents discharges.) NONE" o. Describe existing drinking water supply source. - WELL. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items' must be submitted: ?• A copy of the -deed (with state application only) or other instrument under which the applicant claims title to the affected properties.. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. "• An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by I1" white paper. (Refer to Coastal Resources Commission Rule 7J.020' ) for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. "*' • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name IC2&WM Zei N4Nsv"4 Address ?14 3 k g14&_rts - gser 12? , Phone 1A)kLm(N6Tc4, M Q_ Z Fr40S_ Name cTuaftA S', W14l-Kr Address 3o (, pwanerro IZD Phone W IL VKIAWTVfA . N C Z?10 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ySflv+fks ?s=GS-Z If • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the 30 day of N6 l , 19 . Print Name ?Jt?S?"PGt H • Jai ?S o?7 Js'? Signa rt? wtur or Authonzed Agml Please indicate attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development ?DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space each form. MAY 0 11998 DIVISI?_ JF COASTAL MA14AGEMENT Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLV) or (N1WL) Canal Boat basin Boat ramp .Rock groin Rock' breakwater Other (Excluding shoreline stabilization) 0.t 1 rnlw -Gmlw i N//) - 411 ! A)1 ? :.'• H A)l - ` MANY ? 199, 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards ?& bo c* b. Type of material to be excavated S*- tip J st4cu s c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yeses No d. Highground excavation in cubic yards /VvnlLr- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area ON kh(PN GQOvNa 0 dyeN v a 7 gPPLlCWN T- b. Dimensiotis of disposal area 3?i X I I c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? S E' RRr?74 Revised 03/95 Form DCM-M -2 D e. Does the disposal area Include any co etlanJsY i j99atf es, (marsh), SAVs or other wetlands? Yes __?K_ No SDIVISO AGE?IIENTwater Amount of material to be placed in the COA fill area f. ' Does the disposal include any area in the water? (2) Dimensions of Yes X No (3) Purpose of fill 3. SHORELINE STABILIZATION Type of shoreline stabilization X_ Bulkhead __ Riprap b. Length / ?r5 b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes _X No If yes, (1) Dimensions of fill area (2) Purpose of fill c. 'Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL yo . e. Shoreline erosion during preceding 12 months -'xKNoWa (Sourer of iI for nalion) f. Type of bulkhead or rprap material If!'/ a a v'( g. Zt:: ou of fill in cubic yards to be placed elow? :1:) (1) prap (2) Bulkhead,b.ackftll., 3?? + h. Type of fill material Sp,uD L Source of fill material _ -Rows ?c CAv RTI 01V 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? _Di Kff s RU D -- - .Sf LT l= ?T1 C?5 b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ei wiee -r7,ucKs axcgyrrt o R 6uc.c. a7oZ.tE?Z c. Will wetlands be cr3ssed in transporting equipment to project site? _X Yes No If yes, explain steps that will be taken to lessen environmental impacts. - --Q= 17- is AIL-cexsAR y L_C2oss Snrr?r rnQ Su RRxa y?? Cax-Ire _lasmoycD UPDAI IOMPLE-nnM ot= w02K 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) . a. Will fill material be brought to site? Yes -_ No V' APPU, ay r ProJect Name Sig Date Revised 03/95 Form DCM-MP-4 MAY 2 STRUCTURES 1 1998 DIVISION OF COASTAL MANAGEMENT (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock d/or Pier(s) (f? Commercial -Community Private ,'-(2) Number '3 1=iO©T'1 iu Z:; rjt:?tGT 00.51 -(3) Length 2'.01 -(4) Width (5) Finger Piers Yes ?/ o (i) Number (ii) Length f, (iii) Width (6) Platform(s) Yes ?1` o (i) Number (ii) Length (iii) Width (7) Number of slips proposed- g, (8) Proximity of structure to adjacent riparian property lines _ (9) Width of water body (10) Water depth at waterward end of pier at M L W or NWL ._ f2EE4GO t V -6 ,0 L\,/ b. Boathouse (including coxered lifts) (1) Commercial Private (2) Length/X (3) Width c. Groin (g. wood,,sheetpile, etc.) (1) Number (2) Length(s) i d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length Community ,, Private () Number (3) Descriptio f buoy (Color, ' cription, size, anchor, etc.) (4) Wid?fi of water body (5) Di ce buoy(s) to be placed beyond Mooring structure (bo (1) Commerc'(2) Number (3) Length (4) Width /- Other (Give con plete description) Applicant or Project Name ?7 signs6tre +_-30-9? Date (2) Average distance from MHW, NWL or wetlands (3) Maximum--distance beyond MHW, NWL or wetlands Mooring buoys (1) Commerc' _ 2 ?ft, mooring pilings, etc.) -Community _ Private Revised 03/95 nil N z?0 W ? A t $ cA F U C ?oz 1 0 li m m N D C) r m o ?. N A 3 m tt-,: rcl,Y-, J^ .',., . t. ? i r\ •\ 1. f , D-u co > r Z7C7D O D coC Z0ONZ-I rh` c0 D I??1 O m -N-I m W H F.,?ALti3 cp C 1] O = O Z m W 00 INS -iDL ZAP D_ M= Zri= 0Drmn'1 O DZ. X N ?E ?00 Z--i?'? - m ZN C?:dZ A rTi D C 4 V) Z* ;q O z:. -< 60 zzI VIS?C% ?' o STAL IV1,q!JgENT o 19 ?, I a Q? Z A a C7 S mZ r A2 jz, z N? o ? 8 g a t7 r m n ? p Z ? s a is `€ a g F r 'z o j g ©1 8 ?F DM A - -AGEMENT COASTA PROPERTY UNt ? ry W \ W 'Y W W ? W W W W W W W W r ' x ? W W W' W W W W W . •Y NEW RETAINING WALL W W W W W W W i' W W W ' O W W {.1AR$}{ GRASS W W W W W W W W W W W W Y ?? . 1A' W W W W W `? W r W W W W W W W 2' ? W W W W W W W + r W zQ t W W W BACKFILL -• ` ` W W W W rY v .p ? ? . ? W W W W W W I x,0 ; W W W W ? f W W W - `? W + . ` ?d• 1O X ...• 7777 7777711 DREDGING LIMITS x N* X O a t Z t' ?' '? ? 'STING RETAINING WALL W W W ? W AT FiW-+4.0 W W W W W W W W W W rY NEW RETAINING WALL x1v ECK 0 ?y A MA?CLPVf?'7?TJO AN 5 l DIVISION OF? / COASTAL MANAGEM£NT • X?O x,0 40 IN FEET IDINGS BASED ON LW-0.0 X,\O lv W W W 1W 1W W W W W W W W W W W W W W W + W W W W W BOAT BASIN ANDDREDCHANNEL AT 2023 TURNERS NURSERY ROAD (OGDEN AREA AT - A.I.W.W.) WILMINGTON. N.C., NEW HANOVER CO. BY JOE H. JOHNSON. JR. 1801 AZALEA DRIVE WIL1INGTON. N.C. PREPARED BY. CHARLES HOWS REGULATORY.CONSULTANT e001f 10DA WCrT*:; OF Z - n _ EXISTING RETAINING WALL- II II I? NEW RETAINING WALLII EAST GR. PILE BOTTOM VARIES HW-+4.0 W-0.0_ it }1T-TOM CUT TO -6.0 it FLOATING SECTION SECTION "B" SCALE 1 •-20' 20 10 0 20 SCALE IN FEET TTOM VARIES CUT TO -8.b TYPICAL SECTION THRU RETAINING WALL NOT TO SCALE v ELEVATIONS ON LW-0.0 MAY 1 1 1998 DIVISION OF COASTAL MANAGEMENT BOAT BASIN AND CHANNEL MAINTENANCE DREDGING AT 2023 TURNERS NURSERY ROAD (OGDEN AREA AT A.I.W.W.) WILMINGTON, N.C.,'NEW HANOVER CO. BY: JOE H. JOHNSON, JR. 1801 AZALEA DRIVE WILMINGTON, N.C. PREPARED BY: CHARLES HOWS REGULATORY CONSULTANT APRIL 1998 SHEET A nE A-