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HomeMy WebLinkAbout20021347 Ver 1_COMPLETE FILE_20020823MEMORANDUM TO: John Dorney Regional Contact: Noelle Lutheran- Non-Discharge Branch WQ Supervisor: Birk Shiver .. Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name West Bo2ue Sound Project Number 02 1347 Recvd From DCM Received Date 8/23/02 Recvd By Region Project Type bulkhead County Carteret County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME (TAM A Waters O YO N 120 36-(8.5) SA rQW 30,503. r 0.05 ?- r?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: Q Issue O ISSue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: THIS OFFICE HAS NO OBJECTION TO THIS PROJECT AS PROPOSED.. A SITE INSPECTION WAS PERFORMED ON 9/24/02. THE 401 CERTIFICATION WAS WRITTEN ON 9-26-02, cc: Regional Office Central Office Page Number 1 RCDENR 0101,947 North Carolina Department of Environment and Natural Resources Division of Coastal Management h1Jl,FZ6aasl y, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 02 MEMORANDUM: TO: Mr. John R. Domey Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator 0232R SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: West Bogue Condo Association Project Location: Carteret County: 1 l3 West Bogue Sound Drive, Atlantic Beach, NC Proposed Project: The applicant proposes to build a bulkhead above the normal high water level that would take in an area of coastal wetlands adjacent to a manmade canal tributary to Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 11, 2002. If you have any questions regarding the proposed project, please contact Brad Shaver at (252) 808-2808. 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 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper DCM % DWQ % Development Type FEE 14300 1601435100093 1625 6253) (243001602 435100095 2341 1. Private, non-commercial development that does not involve $250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: II. Public or commercial development nl that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Private, non-commercial development, If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development, if General water Quality 5400 100%(S400) 0% (SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and $400 60%($240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 see attached) 5400 60% ($240). 40% ($160) can not be applied: IV. For development that involves the filling and/or excavation of more 5475 60%($285) 40%($190) than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: West Bogue Condo Association 2. LOCATION OF PROJECT SITE: The property is located at 113 West Bogue Sound Drive in Atlantic Beach, Carteret County. Photo Index - 1995: 40-494 (1,19) 2000: 40-511 (M5) State Plane Coordinates - X: 2,680,143.772 Y: 354,299.052 Quad. Beaufort Upper Left GPS# J081517A 3. INVESTIGATION TYPE: CAMA / Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits - 8/1/02, 8/15/02 Was Applicant Present - agent Yes, No 5. PROCESSING PROCEDURE: Application Received - August 20, 2002 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Atlantic Beach Land Classification From LUP - Developed Residential (B) AEC(s) Involved: Coastal Shoreline, Coastal Wetlands (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System. Planned - N/A (F) Type of Structures: Existing - Pier Planned - Bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 444 ft' Coastal Wetlands (B) Non-Vegetated Wetlands none (C) Other 1,764 ftz J High Ground/Coastal Shoreline 1 (D) Total Area Disturbed: 2,208 fe (E) Primary Nursery Area: No (F) Water Classification: SA HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to build a bulkhead above the normal high water level that would take in an area of coastal wetlands adjacent to a manmade canal tributary to Bogue Sound. FIELD INVESTIGATION REPORT: WEST BOGUS CONDO ASSOC. / CARTERET COUNTY PAGE #2 --------------------------- 9. NARRATIVE DESCRIPTION: Project Setting Mr. Charles Marshall owns West Bogue Sound Condos at 113 West Bogue Sound Drive in Atlantic Beach, Carteret County. West Bogue Sound Drive can be accessed by taking a left or easterly turn onto East Fort Macon Rd. off the Atlantic Beach Causeway in Atlantic Beach. West Bogue Sound Drive would be on your left or north as you travel east. The West Bogue Condos are located about a tenth of a mile on the left or west on West Bogue Sound Drive adjacent to a manmade canal which is ultimately tributary to Bogue Sound. The Condo Unit is located on approximately two tenths of an acre sitting at its highest point three feet above mean high water. The site currently has a two-story condominium unit with access to a pier designed to provide dockage for four vessels. The rear yard is vegetated with St. Augustine grass and transitions to high marsh species such as Salicornia spp., Distichlis spicata,Limonium spp., Borrichia frutescens and Spartina patens. Ultimately the rear of the property falls to the normal high water level (NHW) where there exists an eight- foot fringe of Spartina alterniflora. The landward side of this Spartina alterniflora fringe basically delineates the NHW mark. There are signs that this rear yard has suffered from previous storms and it is apparent that the current owner has not tried to repair any of the storm damage until this application. The yard appears to be subsiding from the lack of any shoreline stabilization, which in turn is allowing coastal marsh species to encroach into the formerly maintained lawn. The property to the south is bulkheaded along the plane of high marsh and the property to the north is bulkheaded along the plane of NHW. There are a few concrete blocks directly landward of the NHW mark, which appear to be components of an extremely old vertical wall that failed many years ago. Project Description The applicant proposes to construct a wood bulkhead for 92' along the west side of his property adjacent to the manmade canal. The bulkhead would be positioned above NHW and the Spartina alterniflora fringe but would incorporate a high marsh fringe resulting in the filling of 444 ft2 of coastal wetlands. The bulkhead would be located in line with the bulkhead to the south but some 8' landward of the bulkhead to the north. The wall would rise approximately one foot above the existing ground level and would be backfilled to the grade of the existing yard. The backfill would come from the dedicated spoil area on Radio Island. The fill would extend east across the yard for 24' with an average of 9" of sand to create a level surface. The fill required to complete the backfill and level the yard would be 60 yd3. Anticipated Impacts Based on the current bulkhead alignment the project would result in the loss of 444 ft2 of coastal wetlands adjacent to SA waters. As proposed the project would stop further high ground subsidence and limit the marsh encroachment on the lot. The proposal would also result in the filling of 1,764 ft2 of highground to create a level lot. Brad E. Shaver - Morehead City Office - August 21, 2002 is Form DCM-MP-1 APPLICAT (To be completed by all a 1. APPLICANT a. Landowner: Name 4' 14A 2[ ?S A MAW,6 94i-L- Address r<l- S Ro v ! S" City M aCk.5 u 1LL State Al C Zip .2-70,;Z9. Day Phone '710 14,q S 3 44?L Fax b. Authorized Agent: Name C . 1:!> . 131s5 S Fait Address f'e') Gox l? o City M o,2 E-7 1.4 ,,= AD State N C - Zip ? `ASS 7 Day Phone as2 7,21 a/9/ Fax 9S 2 7.2,-6, yl4 Z C. Project name (if any) W R?5 i SoC ec E CONDn A5So NOTE. Permit will be issued in name ojlandowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County (:-"-A R'r-1=R E-7- b. City, AUG 1 ?, 2002 c. Street address or secondary road number 113 W. L-in"'C&E S04LA," a 004P, d. Is proposed work within city limits or pi jurisdiction? ? yes No e. Name of body of water nearest project (e.g. creek, sound, bay) £306ttgF- 3. DESCRIPTION AND PLANNED U OF PROPOSED PROJECT a. List all development activities you propose building a home, motel, marina, bulkhead, pie excavation and/or filling activities. i5akk' AtaAo /T-14 F! t_1_ b. Is the proposed activity maintenance of an e; project, new work, or both? NARW c. Will the project be for public, private or comm use? PVZ1 UA i F-- d. Give a brief description of purpose, use, metbc construction and daily operations of pro project. If more space is needed, please additional pages. t 9 2 L r 7- IH Q W 2 C3u,t .? .tl? g.4C-llFILL LC1Ne7SGi4P/.tJE Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract `f 4 32 5,r- b. Size of individual lot(s) Nfg c. Approximate elevation of tract aboveO or 1 43 d. Soil type(s) and texture(s) of tract SAVn e. Vegetation on tract T&N C- s -5PA r//,/ l SA1_ tcoR"rA ST. AtA_a ST-I N f. Man-made features now on tract coAlzo,s 0U5=-X WALK 1 A Y g. What is the CAMA Land Use Plan land classification of the site? (Consulr the local land use plan.) Conservation Transitional ? Developed Community Rural Other h. How is the tract zoned by local government? MLLL.T-/ - FLAM /Ly m. Describe existing wastewater treatment facilities :5F-P TlC_ SVSTE..A( n. Describe location and type of discharges to wat of the state. (For example, surface runoff, sanit wastewater, industrial/commercial effluent, "w; down" and residential discharges.) /MIA/01Z Su.RFAC_F_ Ra_,vo FF o. Describe existing drinking water supply source. /LI ? N/C I ,PEA L_ 5. ADDITIONAL INFORMATION In addition to the completed application form, t following items must be submitted: • A copy of the deed (with state application only) other instrument under which the applicant claims tit to the affected properties. If the applicant is n, claiming to be the owner of said property, tht forward a copy of the deed or other instrument and which the owner claims tide, plus written permissic from the owner to carry out the project. i. Is the proposecj project consistent with the applicable zoning? ?? Yes No (Attach zoning conpliance certificate, iJappli=ble) J. Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes ? No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ? No 1. Are there wetlands on the site? ?Yes No Coastal (marsh) V Other If yes, has a delineation been conducted? (Attach documentation, jov+aUable) • An accurate, dated work plat (including plan vie, and cross-sectional drawings) drawn to scale in blac ink on an 8 1/2" by I V white paper. (Refer t Coastal Resources Commission Rule 7J.0203 for detailed description.) Please note that original drawings are preferred an only high quality copies will be accepted. Blue-lin prints or other larger plats are acceptable only if a adequate number of quality copies are provided b, applicant. (Contact the U.S. Army Corps o Engineers regarding that agency's use of large drawings.) A site or location map is a part of plc requirements and it must be sufficiently detailed tc guide agency personnel unfamiliar with the area to th, Form DCM-MP-1 AUG 1 2 2002 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERIMCAMON-ANID PERMISSIC • 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. Naine LAN A F. 4 Address -3631 SA67 wcu- R 0 Phone EZAY7 V NG • ,2-7520 25'2 ?5's3 a. 49 ?L Name M es . AA, L.-rt7,y PF--4Z r--E Address /8/O VAAID61QA spe i,u65 2 Phone (:;M NfJL N c- -2 -75-22? atR -7-79 443-7 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. 567 - 9 4L -:T-L-N IF- 2 ss?- • 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. TO ENTER ON LAND I understand that any permit issued in response to tl application will allow only the development described the application. The project will be subject to conditio and restrictions contained ;z the permit. I certify that to the best of my knowledge, the propost activity complies with the State of North Carolina approved Coastal Management Program and will 1 conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fac grant permission to representatives of state and feder review agencies to enter on the aforementioned lands i connection with evaluating information related to th permit application and follow-up monitoring of tl project. I further certify that the information provided in th application is truthful to the best of my knowledge. This is the 12- day of S i ,- 0 2 eg :. Print Name G B ?)S S . Signature Landowner r A rived Agent ------------------- Please indicate attachments pertaining to your propose 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 th space provided at the bottom of each form. 400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy. Form DCM-1P-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 Eidsdng Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Exc!uding shoreiino subili=ion) AUG 1 2 2002 1. EXCAVATION ?/?f{- a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes T No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL JA/4 a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? 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? D.........J A-- e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ? Bulkhead Riprap b. Length qz c. Average distance waterward of MHW or NWL . -6'- d. Maximum distance waterward of MHW or NWL . -43 - e. Shoreline erosion during preceding 12 months NaNF. (Source of information) f. Type of bulkhead or riprap material 7'/1148Ll2 g. Amount of fill in cubic yards to be placed below water level (1) Riprap -C> (2) Bulkhead backfill - © - h. Type of fill material .SANL) i. Source of fill material R-4Z)i o l szA U ? NC: f bR s 7:10 / L s rr- 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? ? Yes No If yes, (1) Amount of material to be placed in the water -0- (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (mars"AVs or other wetlands? ?? Yes No If yes, (1) Dimensions of fill area ? 444 s - 5EyE.QA L, D icFEveftsy1" AQA,4S (2) Purpose of fill RAISE ON OF r,4 2n 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? SA2- A ? 4F.4.4---) F/47'2-=:2 ?,Q •C3 62 t s?/T? soy b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr3ssed in transporting equipment to project site? Yes -it:`-No If yes, explain steps that will be taken to lessen environmental impacts. W - 85 E'6 U ? F- CON 26 A250G Applicant or Project Name Signature 2 Date Revised 03195 -r ? w AUG 1 12 2002 ? p I vv v\ ???? RUC Sr•r ?? ` ?\ r ? \• > CfJAR I h \ \ r WALLAH r'?--- ? -- n r CHAR ~ ianE? AvE' ? ?. J _ KIN ??, ` \ n _ F ^ AUFORT AVF c) 1' n m ,? Y L n HONCY ISLAND D S orINOM i'ICr Ilrn _' _ li? m 0 r ;a Oceenene Pier OCFA4Al1A 0 MCM BERN ST. Q NILIIS AVE. - C'i FRF.FHAH ---LANC i?ar FNECHAN UR. Ire T• P1. (? RUSSELL C1" ?? r 0\ c r: ?S1?D 111y \ TA e?dr Viller [ / / ED O n C m O C 2 0 A??p[ l `. n? w :No z ' i ? o 0 Cee n, A 'Y rt'm m ' Y M ornY h ? I I W A 1 CJ c g 0 W Q ?xI sr. k%A LL - - PA6 Pos E -D rdc.Ll,*,AW 4-p lt4 A &c jf w v- ?i r 444 Sr- //?? PRo,aas? ?! LL pr-4A/ v iO c- 614c-.t?r 2 or- 1 4 > g 12/2 6?1 ,Kjs? !WALi- ?ZL FLOOR CEILING UNIT 1 6.26' 14.36' UNIT 2 6.2S' 14.36' UNIT 3 15.4.6' 23.64' UNI T 4 15.46' 23.64' 1 PRESSURE TREATED PILE S rte[ ?.tJ t' ?Ld silk 3 ter" ?- 'E J.P. S 83! ;5' E 9291' f S82 7138.E _49_35' _ r r SHE r 776 HEAT PUMPS f 12.0' 29.35' N v 7. I tt 3 E.I.P WEST CANAL r 1 ' - 2 10• O ?= lat FL UNIT 2 80 4B to 2nd FL. UNIT 4 _ cc 3 _ u') 4 8.2 id 2 on, ------ a Lo a O p R 42.4 R ti Ist FL. UNIT 1 8.0' a 0 ' w I v 2nd FL. UNIT 3 a O N 9.15' to I o V) 3 o F f a W N N N F a to o 4 7 z 120' 29.32' S}{E CHEAT 'UY-PS - N 824 57-39"w 49 51 u` w Z?l W c) Z O U) W 0. a, I 109.27 -6_ - t.P N 83t 15' W Ea.P _ , ?°R o Pos.E ? 3Cc-?.kH?A-j _ o (4) cr \\\?\ Pje 6 PO A; ?5:aO F /L L z * Li U 1+ s F' ° 0-6ArTAL W E.-r-4-A Al_s 3 REF: BEING LOT 3, PART OF LOT 4 BLK. 16 SOUIwO VIEW ISLES LL MA P BOOK 4 PAGE 40 C? $ll2/pz ? MA T. D. EURE CONSTRUCTION CO., INC,_ POST OFFICE BOX 650 T D SURE MOREHEAD CITY, NORTH CAROLIN PHONE: 252.728.4191 Nttr? FAX: 252-728-4192 r 1 9, 2002 ROJECY EMO / NOTES CO ST L M A EM ---- 'DJECT PR W T 6 06 ta. Co NO IRE, L lL4 K D D I DA ' -5/ /.2 D X 2- ----..-- .. . i -I- PERSON( ) P ES NT A - KE - T ? EL P ON I ? MEETING - ? IT 0 E VA ION _ C o _ 5 S ?i i?N_ I 6'a X IS 1 4- W J D1L W N - t- - - -- -- .. . 4? _- i - - - -- I I U V Li - y ?- - - ___. -- _. I _? COPIES I _ ? - ----- SI- N E ± I i {-- ---- __