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HomeMy WebLinkAbout20021537 Ver 1_COMPLETE FILE_20020923MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Noelle Lutheran WQ Supervisor: R Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name First St. James, Inc County Brunswick Project Number 02 1537 County2 Recvd From DCM Region Wilmington Received Date 9/23/02 Recvd By Region Project Type spoil disposal area Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet BE Type Type Impact Score Index Prim. Supp. Basin Req. , Req. LAMA OTH O Y O N I - 18-88-9-(3. SA F_30,624. 19.00 F_ F_ F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y Q N Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N Is Mitigation required? Q Y O N Recommendation: Q Issue 0 Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: A 401 Certification is not required for the proposed project. There will be no impacts to wetlands. This office has no objection to the project as proposed. cc: Regional Office Central Office Page Number 1 Facility Name First St. James, Inc County Brunswick Project Number 02 1537 Regional Contact: Noelle Lutheran Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 MMA ', NCDBENR North Carolina Department of Environment and Natural Resources6?t Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 17, 2002 10 r P% -P MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Mr. John R. Dorney Division of Water Quality Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review First St. James, Inc. Hwy 211, Southport, NC f e00? t The applicant proposes to develop a spoil disposal area within an existing subdivision, Sections 20 and 21 of St. James Plantation. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 9, 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: First St. James, Inc.. PROJECT NAME: SECTION 20 AND 21 2. SITE LOCATION: St. James Plantation, Highway 211, Southport, Brunswick County Photo Index - 2000: 9-86 Grid J-10 thru 13 1995: 9-85 Grid A,B,C-6 State Plane Coordinates - X: 2 266 600 Y: 64 800 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 10, 2002 & Sept. 5, 2002 Was Applicant Present - Agent Was Present 5. PROCESSING PROCEDURE: Application Rec: - cc:September 5, 2002 - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Residential Subdivision and Parking Lot (E) Wastewater Treatment: Existing - Community Sewer System Planned - No Change (F) Type of Structures: Existing - Const. Entrance & Sediment Ponds Planned - Roadway & Parking Lot (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] n'D' n1--'Vn L'rT T M-N nrr*rTrr, - --- - ? 11LI1\ (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other - High Ground Lund Disturb. 19 Acres k"I 1 U1a1 Eu-ea Listurpea: Approx. ty Acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to develop a spoil disposal area within an existing subdivision, Sections 20 and 21 of St. James Plantation. First St James Inc. Page 2 9. PROJECT DESCRIPTION St James Plantation is an existing residential golf course community off of Highway 211 in Brunswick County. A portion of the property has been developed with single-family homes, condominiums, golf courses, clubhouses, marina, boat storage and other amenities for the residents. Approximately half of the St. James holdings have been developed (1000 acres, more or less) leaving another 1000 acres of the property to be developed. St. James borders the Atlantic Intracoastal Waterway and Beaverdam Creek. Polly Gully Creek, a tributary to Beaverdam Creek bisects the property. The area lies within the Cape Fear River Basin. First St. James, Inc. is applying to develop Section 20 and 21 off of Fairwinds Drive, next door to St. James Marina. The site is a 19 acre tract of land along the Atlantic Intracoastal Waterway. The tract has been previously used as a dredge spoil area where spoil\water was pumped and dewatered. Therefore, the site has been disturbed, graded and re-graded many times. The current proposal is to construct a cul-de-sac road with 47 single-family residential lots proposed, in addition to a 42,300 square foot parking area as outlined on the site plan. The parking area would be overflow parking for St. James Marina next door. The size of the individual lots are approximately 1/4 acre. 27 of the proposed 47 lots border the Intracoastal Water. The back of lots 8, 9, 10 and 11 of Section 20 have some land disturbance within the 75' area of environmental concern as measured from mean high water. This area of disturbance is high ground and is indicated on the site plan. No buildings are being requested or reviewed under this proposal. The majority of the 19 acre project area is located outside of Coastal Management's permit jurisdiction. The plans indicate that grading work could occur on the slope bordering the AIWW. However, the applicant indicates that no disturbance of the slope is proposed. The shoreline along the AIWW is a wide, flat, elevated, peat bank. The bank supports numerous lush stands of coastal wetlands. A few of these species are Spartina patens, ladi m 'am icen e, Timonium Disti_ chtis spicata, and Spartina alterniflora. The coastal wetlands transition into federal wetlands as the shoreline meets the toe of the slope. There is a shoreline erosion problem along St. James, probably due to the narrowness of the Intracoastal Waterway in this area and the associated boat wakes. The waters of the Intracoastal Waterway have been classified as SA by the Division of Water Quality. The best use of class SA waters is listed as " primary recreation, aquatic life propagation and survival, fishing, wildlife". The Division of Marine Fisheries has designated the Intracoastal Waterway in this location as coastal waters, closed to the taking of shellfish. The area is not a designated Primary Nursery Area. 10. ANTICIPATED IMPACTS Approximately 19 acres of high ground will be disturbed as a result of this work. Most of the work is earthwork, getting the site to the designated grades. There are no proposed federal wetland impacts associated with this project. Development of the spoil disposal area will eliminate it's availability to receive the spoil from future maintenance dredging of the existing Brunswick Harbour/St. James Marina. The eventual development of structures on the lots, the proposed parking lot and the road bed will result in an increased amount of overall impervious surface along the estuarine shoreline. Janet M. Russell /September 16, 2002 / Wilmington (To be completed by all applicants) 1. APPLICANT a. Landowner: Name First St. James, Inc. Address P.O. Box 10879 City SopLhport State N.C. Zip 28461 Day Phone 910- 253-4739 Fax 910-253 4794 b. Authorized Agent: Name Christian PreziosL Land Management Group. Inc. Address P.O. Box 2522 City WihninQ on State N.C. Zip 28402 Day Phone 910-452-0001 Fax 910-452-0060 c. Project name (if any) Sections 20 and 21, St. James Plantation 2. LOCATION OF PROPOSED PROJECT a. County Brunswick b. City, town, community or landmark Southport, N.C. c. Street address or secondary road number. Property off Fairwinds Drive in St. James Plantation d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Intracoastal Waterway 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. Residential subdivision site work. See attached narrative. b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Commercial D B ? ]6`01"J V ET DCM-MP-1 Revised 03/95 J U L 0 2 2002 DIVISION OF COASTAL MANAGEMENT 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. See attached narrative 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Sections 20 and 21 equal +/- 19 acres b. Size of individual lot(s) +/- 1/4 acre c. Approximate elevation of tract above MHW or NWL 2-17' MHW d. Soil type(s) and texture(s) of tract Newhan fine sand e. Vegetation on tract Loblolly pine, wax myrtle, yaupon, black cherry, broomstraw, live oak, upper marsh species. f. Man-made features now on tract Silt fence, gravel construction entrance, ponds, water control structure, pre-loading soil material g. What is the CAMA Land Use Plan land classification of the site? (conmit the local land use plan) Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? N/a I. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? Yes (Attach documentation, if available) in. Describe existing wastewater treatment facilities. - Community package treatment plant 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.) Temporary sediment basin riser discharge to existing marina basin o. Describe existing drinking water supply source. Brunswick County water 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. * An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8'h" by I I" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) j. Has a professional archaeological assessment Please note that original drawings are preferred been done for the tract? Yes X No and only high quality copies will be accepted. If yes, by whom? N/a 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 k. Is the project located in a National Registered Form DCM-MP-1 Historic District or does it involve tir C E H of m _gmeers regarding that agency's use of Revised 03/95 JUL 0 2 2002 DIVISION OF COASTAL MANAGEMENT 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 Edward & Toni O'Keefe Address 2680 Mariner's Way, Southport NC 28461 Phone (number unlisted) Name Maurice Cox Address 4 Sunrise Place, Amorik, NY 10504 Phone (number unlisted) * A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Stormwater Permit SW8 010802 (issued 12/4/01 to First St. James, Inc.); Sediment & Erosion Control Certificate of Approval (approved 8/16/01 for project no. BR-02006) * A check for $250 made payable to the Department ofEnvironment andNatural Resources (DENR) 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. Revised 03/95 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 ofNorth 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. 29 day of _ ll N E 20 6 2- . This is the PrintNameRlst?flN?ct?2roS 1 Signature ti k- f a i - LAND Landowner or A orized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill X 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 provided at the bottom of each form. JUL r 2 2002 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, For DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed 42,300 sf parking area and 47 single-family residential lots b. Number of lots or parcels 47 c. Density (give the number of residential' units and the units per acre) 47 units on 19 acres (2.47 units/ac) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 19 ac e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X- Yes No If yes, date submitted 3-13-02 (approved 3-22-02) Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted 10-10-01 (approved 12-4-01) (modification under review) i. Describe proposed method of sewage disposal. Community package treatment plant j. Have the facilities described in Item I. above received state or local approval? Yes (Attach appropriate documentation) k. Describe location and type of proposed discharged to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Temporary sediment basin riser discharge to existing marina basin 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Brunswick County water system f-. List the materials (such as marl, paver stone, asphalt, or concrete ) to be used for paved surfaces. Asphalt and gravel g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 0% h. Projects that require a CAMA Major Revised 03/95 m. Will water be impounded? Yes X No If yes, how many acres? (Existing retention pond on-sit,) n. If the project is an oceanfront development, when was the lot(s) platted and recorded? h J ?irtrV't, UAW -TPXrffi #J 2b -9 Apphc,#ptA r Projectame SignatCir,6 ' I- ?6 - 60- JUL 0 2 2002 DIVISION OF COASTAL MANAGEMENT Sent By: LAND MANAGEMEN-; 9'0 452 0080 ; Apr-1-02 `:SLPM; =age 2!2 AGENT AUTHORIZATION Re: LAMA Major Development Permit Application Project Name: Section 20 and 21 Subdivision Development I hereby authorize Land Management Group. Inc. to act in my behalf as rnr• agent in the prtptratian submittal and processing of this application and to Rimish, upon request, supplemental information in support of this application. St. James Plantation, LLC By: _I Date: ? Ci d? E?ETVE D J U L d 2 2002 DIVISION OF COASTAL MANAGEMENT ECEHVE JUL C 2 2002 DIVISION OF COASTAL MANAGEMENT SITE -St. James Plantation Land Management Group, Inc. Environmental Consultants Site Vicinity Map Sections 20 and 21 Wilmington, N.C. LMG # 02-00-005 910-452-0001 C.*Orojectslstjamesplantadonlgraphicslmaps.cdr -- ?Yc%?: ,a`? .. -!?- .e 1 .? ?_ ;`., ?. `i.? .- y;. _" _ r. __ .. F,. • - - _}-? ?_ ECEHVE J U L 0 2 2002 =jD-J DIVISION OF COASTAL MANAGEMENT SCALE 1" = 2000' St. James Plantation Sections 20 and 21 LMG # 02-00-005 Land Management Group, Inc. Environmental Consultants Wilmington, N.C. 910-452-0001 Brunswick County Soil Survey Map C. l projectststjamesplantationlgraphicslmaps. cdr THIS MAP FOR PRELIMINARY PLANNING ONLY V E JUL 0 2 2002 Du, DIVISION OF COASTAL MANAGEMENT Base Drawing by River & Associates, Inc. Area of Disturbance within AEC - approximately 3,000 sf (temporary disturbance associated with pre-loading area) SCALE 1" = 60' St. James Plantation Land Management Group, Inc. Limits of Disturbance Sections 20 and 21 Environmental consultants within AEC Wilmington, N.C. LMG # 02-00-005 910-452-0001 C.,Orojectslstjamesplantationlgraphicslmapscdr . r , Erosion Control Provisions: • r B ` 1. PROVIDE 2Q' X 50' X 6" STONE CONSTRUCRON ~ ENTRANCE IN DRIVEWAY AS INDICATED. ~ En sneers © ~ g ~ • 107 East Second St. 2. PROVIDE 1EMPORARY SE£DlNG WHER£ WORK ~ ~ ~ ~ Planners Q Since Greenville, N.C. 27858 IS SUSPENDED OR DELAYED FOR 15 DAYS. ` - S~f+.: 1918 25 - (z) 75z-4135 Surveyors 3. THE STATE OF NDR1H CAROLINA RESERVES THE RIGHT TO 02t~r.: REQUIRE ADDITTTONAL EROSION CONTROL MEASURES ~ A ~'n t ~N ~ 3TOR~IWAIL~R MANAGEMENT` E SHOULD THE PLAN OR ITS IMPLEMENTATION PROVE TO BE INADEQUATE. ~ E k, f10S~N Cf~Nl}~OL PLAN ~~~~h,rueN``'~ ' 4. S1t7GTlP/LE TOPSOIL FOR USE 1N LANDSCAPING ~ ~ J ~ ~ ~1 ! JAMES 5, CONTRACTOR SHALL INSPECT AND MAINTAIN AS NEEDED ALL f ~ r ST. DIES ~ ~G SEC1J~ 20 AND 21 ERO5/0N CONTROL DEVICES ON A WEEKLY BASIS AND ' C~ 1 AF1ER EACH MAJOR STORM EVENT. FAILURE TO KEEP ALL Q I DATE / SOUINPORT BRUNSWICK EROSION CONTROL DEVICES 1N PROPER WORKING ORDER COUNTY, NOR1N CAROLINA MAY RESULT IN A SIUP WnRK ORDER OR CI1?L PENAL1lES ~ UP 1O X5000.00 PER DAY OF VlOLA1TON. 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' SILT ~ ~10-" • ~ ~ ~ PROPOSED CONIT~ ' FENCE i ~ ~ PRAPOSED OIVFRSIAN ~fRM ~ ' ' • ~ ~ ~ ~ , ~ TEMPORARY - ~ ~ , , 404 WETLANDS UNE 404 LINE s 1 ~ EARTHEN ~ ~ ~ 1 ) ~ ~ ~ ~ ~ .DAM 1 \ \ •r y' 1 r . ' ~ ' 75' CAMA SETBACK / " ~.S ~ " _ UPPC Y ~ ~ ~ _ i CHECK DAM \ VEGETA110N ~ / NORMAL HIGH WATER MEAN ~ HIGH W ~ \ Y s ROPOSED DISTURBED AREA N• C A>F ~ ?11 R (ELEV A r1oN lJN 4 ~ - OLD D/STUR ~ ) SCU 1 BED AREA ~ 1 rNp . o INIRACDASTAL W ~ Rl ATE T ~ AL WAI~'WAY ~ o - ~ PROPOSED STORMWA TER BOUNDARY BEAVER DAM 0!D SR~MWATER BOUNDARY , ~ CREEK SlORMWAT R MANAGEMENT NOTES GENERAL NOTES ql, ~ ~ . _ S hi N 1. G' DENSE VECETA AVE COVER SHALL BE ESTABLISHED IN THE INFTL TRA 110N BASIN. - G'y = ~ ~ s PROPOSED D1vERS10N BERM ~q R, 1102 i. EXISTING GROUND CONIWRS AND LOT LA RS AND i0T LAYOUT PROVf0E0 BY THE OWNER. ~j ~ T S' 2. ROADSIDE SWALE SHALL FUNCTION A E S VEGETATED FILTER AT OU]L T OF E ~i~ PROPOSED DRAINAGE EASEiNENr ST. JAMES !NFlLTRAAON BASIN. Z DASANG GRWND CONTOURS SNONIV ARE PLANTATIpN ~ PERMITS). RS SNONIV ARE AS OF FEBRUARY, 2002, AFTER SECTION 20 HAD BEEN ROUGH GRADED (UNDER EX1SflNG f r rodccrn nnor [nn. O. dre~n iera rn u,n. , W1nJDE rnv rnnn"vw n/1LA It/ nYrlLllfAIIV/V UAWIV IV tJt JIAtALIZ J. MIS MAP IS A MDDJFCATfGW TD STORMWA ANTIC Wf M DENSE VEGETA AVE COVER. MIS AREA SHALL ACT AS A GRASSED FILM? INTR An WAr W TD STORMWATER MANAGEMENT PERMIT SW8010802 AND SEINMENTATI01V AND EROSION CONTROL - - - ` - NORMAL HIGH WATER (VEGETATION ACOASjAl PRETREATMENT SYSTEM FOR THE /NRLIRAl1ON BASIN. PERMIT BR-02006. SEE RIVERS DWG / N 7IVERS DWG / W-2506. ER wA Y 4, SEE SHEET 2 FOR IMPERVIOUS SURF ACE CALCULADONS 4. CONTRACrOR SHALL NOT DlSNRB SLOPES SILT FENCE AS NECESSARY. )ISRM SLOPES FACING THE ICW. ANY GRADING SHALL AE INTO THE TOP OF THE SLOPES RELD AD vsr Y. VI - CINITY MAP NOT TO SCALE i