HomeMy WebLinkAbout20021535 Ver 1_Complete File_20020923MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility. Name Barnes Bluff, LLC County Brunswick
Project Number 02 1535 County2
Recvd From DCM Region Wilmington
Received Date 9/23/02 Recvd,By Region
Project Type community dock
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet am
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
LAMA Waters PT_ N 12-25 sA 30,624. 0.25 ?- ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 10 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
A 401 Certificaton is not required for this project. This office has no objection to this project as
imposed as lang as no dredgjpp?posed now of in the future.
A site inspection was performed on 10/11/02,
cc: Regional Office
Central Office Page Number 1
Facility Name Barnes Bluff, LLC County' Brunswick
Project Number 02 1535 Regional Contact: Noelle Lutheran
Date: 10-11-2002
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
AbJrf% ?
CNR 021535
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 18, 2002
MEMORANDUM
TO: Mr. John R. Dorney ZQO? ??
Division of Water Quality S
FROM: Doug Huggett Q r?
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Barnes Bluff Associates, LLC
Project Location: Annie Mae's Way, Barnes Bluff, Oak Island, NC
Proposed Project: To construct a community dock with 10 boat slips for an existing subdivision.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 16, 2002. If you have any questions regarding the proposed project, please contact Janet Russell at
910-395-3900. 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 Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Barnes Bluff Associates, LLC
2. LOCATION OF PROJECT SITE: Annie Mae's Way, Bames Bluff, Oak Island, Brunswick County
Photo Index - 2000: 9-89 Grid J - 11 1995: 9-81 Grid G,H - 13
State Plane Coordinates- X: 2 283 600 Y: 63 600 (Southport Quad Sheet)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 14, 2002
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - cc: July 23, 2002
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Transitional & Conservation
(B) AEC(s) Involved: PT, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Community Dock With 10 Boat Slips
(E) Wastewater Treatment: Existing - None
Planned - Septic Systems
(F) Type of Structures: Existing - Subdivision Road, Swimming Pool & Tennis Court
Planned - Community Dock
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
nVPTX:FTI TM T Mn n?ran
(A) Vegetated Wetlands Shaded
Coastal Marsh & 404 Wetlands 1200 s q. ft.
(B) Non-Vegetated Wetlands Incorporated
Open Waters/Public Trust 7800 s q. ft.
(C) Other Disturbed
High Ground 2100 s q. ft.
(D) Total Area Disturbed: Approximately 11,100 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing a community dock with 10 boat slips for an
existing subdivision.
FIELD INVESTIGATION REPORT:
BARNES BLUFF COMMUNITY DOCK
PAGE #2
9. NARRATIVE DESCRIPTION:
Barnes Bluff is a 25-acre tract of land that has been developed into a 32 lot residential subdivision. A Major
CAMA Permit (#161-97) for the development was issued in 1997. The streets, amenities and utilities have
been constructed as well as one or two homes. The tract is vegetated with trees and shrubs, and includes
areas of federal and coastal wetlands. The subdivision is located adjacent to the end of SR 1101, Fish
Factory Road, off of Highway 133, between Southport and the Oak Island bridge. The project site is
adjacent to South Harbour Village (a new marina development, CAMA Major #31-99). Barnes Bluff is
bordered to the south by the Atlantic Intracoastal Waterway and what was once the Elizabeth River prior to
the dredging of the AIWW. The waters of the AIWW have been classified as SA by the Division of Water
Quality. The. Division of Marine Fisheries have designated the waters as a Primary Nursery Area. All
adjacent waters are closed to the harvest of shellfish.
The subdivision developer is now requesting authorization to construct a 10-slip community pier and docking
system adjacent to an area that is to be re-platted into a common area for the subdivision. See the site plan for
the project. This common area will only be recorded as such if a permit is issued for the proposed community
dock.
A six-foot wide, elevated, wooden boardwalk from Annie Mae's Way is proposed to wind through the
wetlands to an elongated upland spit where a mulched path would guide users across the spit and down to
another elevated, wooden boardwalk through the coastal marsh' until it reaches the open waters adjacent to the
AIWW. The proposed walkway then turns into a six-foot wide pier and provides access to a covered 12' by
12' gazebo with a ramp down to a landing connected to a 171" by 8' wide floating dock spine. The floating
dock spine would have 10 boat slips, each slip with an uncovered 13' by 16' (approximate size) boat lift for
one boat. Five finger piers are proposed between each lift, 4'3" wide by 30' long, providing access to the
proposed boat lifts. These proposed slips are to serve the waterfront lots of the existing Barnes Bluff
subdivision. No docking is proposed (or allowed) on the back side of the floating spine. The dock, as
designed, does not encroach into the 80' AIWW setback and does not exceed 1/4 width of the open
waterbody. The riparian corridor for the common area is indicated on the site plan. The proposed dock does
not come within 15' of the riparian corridor lines. There are no plans to remove an existing sunken barge
along the AIWW channel. However, this applicant proposes to mark the barge site for navigation safety.
The applicant has provided water depth information indicating approximately -5' of water in the slip area at
low tide. No dredging is proposed.
10. ANTICIPATED IMPACTS:
The proposed docking facility is consistent with the State regulatory requirements for pier length and
dock/platform square footage. Approximately 7,800 square feet of estuarine open water / public trust will be
incorporated as a result of the pier/dock construction. Approximately the same amount (7,800) square feet
of shallow bottom will be impacted as a result of the driving of pilings to support these proposed structures.
There will also be temporary impacts to the federal and coastal wetlands as a result of the pile driving for the
elevated boardwalks. Approximately 2100 square feet of high ground will be disturbed as a result of clearing
and installing a mulched path between the wooden walkway sections. There should be no negative impacts to
navigation as a result of this project. No dredging is proposed.
Janet M. Russell / September 16, 2002 / Wilmington
i
Form DCM-MP-1 '.f ;. 1052
.Y
10 N 0;=
APPLICAT101-S ?S-?L MANAGEMENT
(To be completed by all applicants)
1. APPLICANT
b. City, town, community or landmark
Oak Island, mainland side
a. Applicant:
c. Street address or secondary road number.
SR 1101
Name Barnes- Bluff Associates, LLC
Address 5001 O'Quinn Street, Unit J
City- Southport State NC
Zip 28561 Day Phone 910.454.7300
Fax 910.454.7400
b. Authorized Agent: Laura Stasavich
Name Land Manap-ement Group. Inc.
Address P. O. Box 2522
City Wilmington State NC
Zip 28402 Day Phone 910.452.0001
Fax 910.452.0060
c. Project name (if any) Barnes Bluff
community dock stem
N OTTR Permit wiffde issuedin name of
Landowner(s), and/ror project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Town of Oak Island
e. Name of body of water nearest project (e.g.
river, creek, sound, bay)
Atlantic Intracoastal Waterway &
Elizabeth River
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.)
Applicant proposes to construct a ten-slip
community dock system to serve lots 21-30 of
the Barnes Bluff subdivision.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New dock system. Lot development has
been authorized by CAMA Permit # 161-97.
c. Will the project be for public, private or
commercial use? Private
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. Purpose is to provide
boat slips which would serve lots 21-30 of the
Barnes Bluff subdivision. Standard marine
construction techniques and standard daily
operations to be used.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract The previously
permitted Barnes Bluff S/D is 25.43-acres total.
The proposed open-water, community dock
system would cover approximately 7,200 ft.
b. Size of individual lot(s) 0.39 to 2.06-acre,
as previously authorized by CAMA permit #
161-97.
c.. Approximate elevation of tract above MHW
or NWL Water depths within the proposed
slips range from -5' MLW to -6' MLW.
d. Soil type(s) and texture(s) of tract
Carteret sands within tidal marsh
fringe.
e. Vegetation on tract Semi-diurnal tidal marsh
vegetation: Spartina alterniflora, Juncus
roemerianus, Spartina patens. Ouercus
vir-ainiana, Mvrica cerifera, and flex vomitoria
on upland within access/common area.
f. Man-made features now on tract Subdivision
roads are in place and development of upland
amenities are underway (see CAMA permit
#161-97).
g. What is the CAMA Land Use Plan land
classification of the site? (Consuk the Jocd rand use plan.)
Conservation Transitional
Developed Community
Rural X Other
Municipal Not in planning area.
h. How is the tract zoned by local government?
Commercial Low Density, with an approval
for development of the Barnes Bluff PUD.
PUD approval obtained from countyprior to the
areas incorporation into the Town of Oak Island
1. Is the proposed project consistent with the
applicable zoning? _ X_ Yes No
Revised 03/95
j. Has a professional archaeological assessment
been done for the tract? _ Yes X No
if yes, by whom? N/A
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) _X_ Other _X_
If yes, has a delineation been conducted?
Wetlands delineated and approved by USACOE in
association with CAMA permit 161-97. No
wetland impacts are requested with this
application.
in. Describe existing wastewater treatment
facilities.
State and county-approved on-site treatment
systems.
n. Describe location and type of discharges to
waters of the state. (For example, surface runoff,
Sanitary wastewater, industrial/commercial
effluent, "wash down" and residential discharges.)
No direct discharges to waters of the state
Proposed dock to be pervious, slatted decking.
o. Describe existing drinking water supply source.
County system
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.
-? i,.ti
f y?( ??
E FEB L R 2 4G , I
?VV/ DIVISION OF
COASTAL MANAGEMENT
Form DCM-MP-1
* An accurate, dated work plat (including plan
view and cross-sectional drawings) drawn to scale
in black ink on an 8 %s" by 11 " white paper. (Refer
to Coastal Resources Commission Rule 7J.0203
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 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 Pointe Associates, LLC
Address 1301 Heron Run Drive
Phone Wilmington, NC 28403
Name_ _ South Harbour Village Associates LLC
Address 1301 Heron Run Drive
Phone Wilmington, NC 28403
* A list of previous state or federal permits
issued for work on the project tract. Include permit
numbers, permittee, and issuing dates.
CAMA permit 161-97
Stormwater permit SW8 970615 & SW8 980508
NC Division Land Quality-approved sedimentation
and erosion control plan.
* A check for $400 made payable to the
Department of Environment, Health, and Natural
Revised 03/95
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'?day of 1=?? ,,W_ZMZ,
PrintNameTjV_A lb
Signature .? J J
Landowner or Authorized Agent YAS mLycF
A&SCCL4749# LU.,
Please indicate attachments pertaining to your
proposed project.
HI V
F-B212002
DIVISION OF
COASTAL MANAGEMENT
DCMMP-2 Excavation and Fill Information
DCM MP-3 Upland Development
X 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 provided at the bottom of each
form.
1
C)F
S-f\u Vi AN
CO
Revised 03/95
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
11 7
11.CJ ?? 1S. \J E
1
JUL 2 3 2002
.. DIVISION OF
COASTAL MANAGEMENT
Attach this form to Joint Application for CAMA (1) Length
Major Permit, Form DCM-MP-1. Be sure to (2) Average distance from MHW, N or
complete all other sections of the Joint Application wetlands
which relate to this proposed project. (3) Maximum distance beyond MHW NWL,
or wetlands
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community _X_Private
(2) Number 1 dock spine, 1 access pier
(3) Length 171' and 50', respectively
(4) Width 8' and 6', respectively
(5) Finger Piers X_Yes _ No
(i) Number 5
(ii) Length 30'
(iii) Width 41311
(6) Platform(s) _X_ Yes _ No
(i) Number I gazebo, 1 ramp, 1 platform
(ii) Length 12', 20', 8', respectively
(iii) Width 12', 4, 10', respectively
(7) Number of slips proposed 10
(8) Proximity of structure to adjacent riparian
property lines 110' to E, 105' to W (lot lines
for the common area/dock access area will be re-
plated and recorded subsequent to obtaining
authorization for the dock system.
(9) Width of water body +/- 520'
(10) Water depth at waterward end of pier at
MLW or NWL Depths within the proposed
boat slips range between -5' NLW and -6 NLW.
b. Boathouse (including covered lifts)
(1) Commercial
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
e. Mooring buoys N/A
(1) -Commercial _Community _Pri,
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, et .)
(4) Width of water body
(5) Distance buoy(s) to be placed
shoreline
f. Mooring structure (boatlift, mooring pilings,
etc.)
(1) -Commercial X Community _ Private
(2) Number 10 boat lifts
(3) Length 30'
(4) Width 15' (with pilings)
g. Other (Give complete description)
Three wooden pilings, one at each inner corner of
the sunken barge (See sheet 4). Pilings would act
as markers for safe navigation around the sunken
barge.
N/A / ,414
rivateitl,?-C S ?l L 6 (a!// SI nyt os 1
Applicant or Project Name
N/A
/L-
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
Revised 03/95
Proposed Community Dock System
Barnes Bluff Subdivision
Brunswick Co., NC
Existing Environment:
Barnes Bluff subdivision is situated along the Elizabeth River and the Atlantic
Intracoastal Waterway (AIWW), just north of Oak Island. All appropriate state permits
authorized development of the subdivision in 1997, including CAMA permit #161-97.
At this time, roads are installed and lots are ready for market.
Proposed Water-dependent Development:
Barnes Bluff Associates, LLC, is requesting authorization to construct a ten-slip dock
system that would specifically serve lots 21-30 of the subdivision. The dock system is
proposed in an open-water siting along the AIWW, with slips abutting the channel's 80'
setback. All docks would be floating docks accessed by a 6'-wide fixed pier. Existing
depths within the proposed slips range from -5' MLW to -6'MLW, and no dredging is
required.
Proposed Upland Development:
Since an access area for the currently proposed dock system was not planned at the time
of subdivision, lots 30 and 31 will be re-platted to create a common area for the dock
system. This would be completed and recorded after authorization of the requested
permit (see Sheet 4). All upland development has been authorized by CAMA permit
161-97, and all impervious cover has been permitted under SW 8 970615. The only work
currently proposed in the common area is the installation of elevated, wooden boardwalks
over "404 wetlands"/coastal marsh and a mulched walking path through the upland
portions. The US Army Corps of Engineers approved the wetland delineation shown on
the site plan on 1 December 1997, and these limits remains valid until l December 2002
(Action ID # 08648). Since no new impervious cover is planned, an exemption from
further permitting by NC Division of Water Quality, Stormwater has been requested.
'ID FICEHVE
MAY 2 0 2002
D
DIVISION OF
COASTAL MANAGEMENT
30'
10 PROPOSED SLIPS, WITH BOAT LIFTS
2,229.5 sq.ft. of requested structure
ECEHVE
JUL 2 3 2002
DIVISION OF
COASTAL MANAGEMENT
SCALE 1 " = 30'
Land Management Group, Inc. CAMA Major Permit application,
Environmental Consultants DETAIL Barnes Bluff Community Dock System
P.O. Box 2522 DOCK SYSTEM A
Wilmington, NC 28402 pplicant: Bames Bluffs Associates, LLC
910-452-0001 Location: AIWW, Brunswick Co.
LMG # 02-97-281 DES Date: 2/1 /2002 Sheet 5 of 5
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Environmental Consultants Bames Bluff Community Dock System
P.O. Box 2522 VICINITY MAP
Wilmington, NC 28402 Applicant: Bames Bluffs Associates, LLC
910-452-0001 Location: AIWW, Brunswick Co.
9projectfileslbamesblufflapplication?ffgure dr Date: 2/1/2002 Sheet 1 of 5
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910-452-0001 Southport 6.5" Quad
LMG # 02-97-281 LES
CAMA Major Permit application,
Bames Bluff Community Dock System
Applicant: Bames Bluffs Associates, LLC
Location: AIWW, Brunswick Co.
Date: 2/1/2002 Sheet 2 of 5
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