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HomeMy WebLinkAbout20021535 Ver 1_COMPLETE FILE_20020923 (2)MEMORANDUM 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 C:lproject fileslbamesblufflapplicationlfigures.cdr o? . \ L cln..ryt `. ? r C 17 ?\ ?k r^. \ t J ..22 l + 4s ?` ./ F„r• ;'tt,? b ?? ? .. ? i '.? ..ri^ . I j? ?? ? ? ?` r ? J I ? \r LR OCLhJ1, 7 ?p t - Ol ? '? J J °' ':.•v • ? .. - 3 211 r r `? tA - A. E 4f ughokk 87 .F=• r CTY - .,? ; I.?- "rte D .. -. - -°:• S- N E ?h L! I 61, ? • ' . _ Nw X 1 i .y: .... 'nr• /` t -tYr > . / r - ? RIP ? k , . te ` • ? - h+ 4? / y ? ? ! A Vim ?,? ^ yam. ( ? 1 .•?n ??„•'^? f .` .S ..• .y S33 _ ?f 1 / 4- ?•'- - _ _?FE?'1rEEa1-Ph ,?-?_...r?:., '1,11 ? t I. ?Y'?+~)-? .c/? SD...?d .. _ 5 _ .Ocean Crest _ t -"k+ '? / ' ?: Fan / , 7 ?'?It51if? P n. _ ?tANAILE?r?` 0 1 2 4 SCALE 1"= 2 miles Land Management Group, Inc. CAMA Major Permit application, 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 v\x \\J Vl Sal 20 ?- 2 - .1- - - midway f` i, ems.. -.-s I -. v SITE - f _ Boa, JRPOR? Ramp - !Steve^s? " ? I ! = t ?r ! B nes is IgrTf?a. - ' -- li nr !4 i; i? ??? ', ., .:,, ".? i= COASTAi- Ev !'NAGE(IIET 0 1000 2000 4000 SCALE 1" = 2000' Land Management Group, Inc. Environmental Consultants USGS TOPOGRAPHIC P.O. Box 2522 MAP Wilmington, NC 28402 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. 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