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HomeMy WebLinkAbout20031062 Ver 1_COMPLETE FILE_20030822MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Larry Spainhour Project Number 03 1062 Recvd From DCM Received Date 8/22/03 Recvd By Region Project Type private pier w/ associated water dependent Court Brunswick 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. CAMA OTH WT-0 N F- 15-25 SA ? 30,759. 0.06 ?- I - P Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y O N 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 O N Recommendation: DQ Issue 0 Issue/fond Provided by Region: Latitude (ddmmss) Longitude (ddmmss) O Deny Comments: This office has no objection to the project as proposed provided that turbidity does not exceed 2$ NTU outside of the project area cc: Regional Office Central Office Page Number '?1 F-WA NCDENR 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 August 20, 2003 MEMORANDUM TO: Mr. John R. Dorney WULKS1401 S Division of Water Quality 0,31062 AV ', FROM: Doug Huggett A,IATMIQUALI Y, Major Permits Processing Coordinator III 4I %O SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Larry Spainhour Project Location: 9285 Peakwood Drive, adjacent to the AIWW, in Calabash, Brunswick County. Proposed Project: To construct a private pier with an associated T-head, boathouse and floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks 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: Larry Spainhour 2. LOCATION OF PROJECT SITE: 9285 Peakwood Drive, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Calabash (ETJ), in Brunswick County. Photo Index - 2000: 2-15: O-P: 20,21 1995: 2-14: Q-S: 13,14 State Plane Coordinates - X: 2136039 Y: 44924 Rover file#: S 081420A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/14/03 Was Applicant Present - Yes (Agent) 5. PROCESSING PROCEDURE: Application Received - 7/8/03 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Calabash Land Classification From LUP- Developed (Highground) Conservation (Water & marsh area) (B) AEC(s) Involved: CW, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Individual septic tank system Planned - None (F) Type of Structures: Existing - Single family dwelling Planned - Private pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED QTHF.R (A) Vegetated Wetlands - Shaded 2100 s ft. (B) Non-Vegetated Wetlands- (O en water area incorporated). 704 sqft. (C) Other 71 (D) Total Area Disturbed: 2,804 sgft. (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant proposes to construct a private pier with an associaWd T- head, boathouse and floating dock. Larry Spainhour Paae Two 9. PROJECT DESCRIPTION: The project site is located at 9285 Peakwood Drive, adjacent to the Atlantic Intracoastal Waterway (AIWW), in the Extra Territorial Jurisdiction (ETJ) area of the Town of Calabash, in Brunswick County. The property is located on the north side of the AIWW, between. Sunset Beach and South Carolina. The applicant's high ground property is approximately 125 feet wide by approximately 308 feet in depth. The lot averages approximately 20' above mean sea level (MSL) and existing highground development on the property includes a single family dwelling and driveway. The yard is landscaped with turf grass and ornamental shrubs around existing Live Oaks and Hickory trees. There is a retaining wall which separates the level yard and the lower third of the lot (south side). The lower area includes a natural wetland drain that was partially filled, apparently prior to the construction of the house. Stormwater is currently conveyed from the wetlands on the northeast side (road side) of the house, through the retaining wall, by a buried drainpipe. Adjacent to the shoreline, there is a border of coastal marsh, approximately 320 feet wide. The marsh vegetation is primarily Smooth Cordgrass (Snartina alterniflora). The marsh transition toward highground and wetland drain area, exhibits high coastal marsh vegetation, including; Black Needle Rush (Juncus roema_rianus), Three-square (Scirpus, spp.) and Cat-tails (Typha spp.). Small shrubs including; Marsh-elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia) and Wax Myrtle (Myrica cerifera) are present throughout the areas below the retaining wall. Adjacent to the applicant's property, the width of the open water of the AIWW is 593 feet. In the project area, the waters of Atlantic Intracoastal Waterway are classified as SA, by the NC Division of Water Quality. The area is designated as a Primary Nursery Area (PNA), by the NC Division of Marine Fisheries, and the area is CLOSED to the harvest of shellfish. The applicant proposes to construct a private pier. The pier would be 577 feet long from the retaining wall and 6 feet wide, terminating in a covered T-shaped platform, 16 feet long and 14 feet wide. A floating dock, 16 feet long and 10 feet wide, would be installed on the east side of the platform and accessed by a hinged ramp. Additionally, a boathouse, 20 feet long and 16 feet wide, is proposed on the west side of the T-head. The total length of the structure would be 591 feet, of which 565 feet of the pier would be below mean high water (MHW). 10. ANTICIPATED IMPACTS: The project as proposed would result in the shading of 2100 square feet of coastal marsh along the pier walkway. The T-head, boathouse and floating dock would incorporate approximately 704 sqft. of Estuarine Waters and Public Trust Area. Minor increases in turbidity can be expected during construction. Submitted by: E.F. Brooks Date: 8/19/03 Office: Wilmington Form DCM-MP-I APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT calabash a. Landowner: Name Larry Spainhour Address 9285 Peakwo Drive City Calabash State NC Zip 28467 Day Phone 843-369-8181 (Work) Fax b. Authorized Agent: Brunswick Surveying, Inc. Name Gary L. Gurganus Address 1027 Sabbath Home Rd. City Supply State NC Zip 28462 Day Phone (910) 842-9392 Fax _(910) 842-8019 c. Project name (if any) NOTE: Permit will be issued in name of landowner(s), and/or project now. 2. LOCATION OF PROPOSED PROJECT a. County Revised 03/95 Brunswick c. Street address or secondary road number .9285 Peakwood Dr d. Is proposed work within city limits or planning jurisdiction? X Yes 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. Construction of pier, stationary desk, floating dock and covered boat lift 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? 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. The pier and deck system are for pzj ate recreational use to acc p-ss the Atlantic Intracoastal Waterway. Construction method- Oumb and pile driver. i tai' Form DCM-NIP-l 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 88, 897 sq- ft- b. Size of individual lot(s) 39,175 sq. ft. c. Approximate elevation of tract above MHW or NWL _ 20_' +/- d. Soil type(s) and texture(s) of tract Sandy e. Vegetation on tract Grassed and landscaping m. Describe existing wastewater treatment facilities. Individual septic system 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.) Surface run-off o. Describe existing drinking water supply source. Community water system f. Man-made features now on tract Residential house 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed x Community Rural Other h. Row is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j k Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands-onttie site? X Yes No Coastal (marsh) X Other If yes, has a-delineation beenr tonducted? No (Attach docununtation, iif jyailable)`''. CV 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.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 Revised 03/95 Form DCM-NIP-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. lYAMr; ADDRESS PHONE LAME ADDRESS PHONE • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • 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 18 day of JilNE , .X= Print Name L U Alz?r Signature L tlusdowner o authorized Agent 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 provided at the bonom of each form. Revised 03195 " Form DCNI-MR4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial -Community X Private (2) Number 1 (3) Length 591 ' (4) Width 6' (5) Finger Piers Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes No (i) Number 2 (ii) Length 14' & 16' (iii) Width 16' & 10' (7) Number of slips proposed 2 (8) Proximity of structure to adjacent riparian property lines 33.2' (9) Width of water body 593' (10) Water depth at wateryard end of pier at MLW or NWL 1.2 I'IGW b. Boathouse (including covered lifts) (1) Commercial X Private (2) Length 20' (3) Width 16 1 C. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) N/A d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys N/A (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial -Community IL_ Private (2) Number 1 (3) Length 20' (4) Width 16' g. Other (Give complete description) fz Q PAi m F, 1 cA+jT Applicant r Project Name (Sou"l_ t.c?0l?vu? Qc ?uY Signature ?-If3-03 Date Rpvkpii Mg.; PROPOSED PIER 160 i IJ~6 ~ i; a ~ AND ~ BOTT01~ Pl~ZOFlLE ~ ~ ~W US HWY 17 w i" = 2,~~ ' ~ ~°po ATU Apo ATLANTIC 148.3' INTRA( INTRACOASTAL WATERWAY PIER TOP ELEVATION 6.5' WATE WATERWARD EDGE A1EAN HIGH wnrER OF HARSH ai - a MEAN Low wnr R I 1163 I I GRADE 0, 0' 0.9' 0.8' 2.1 ~ 4.2' WATER WATER WATER WATER DEPTH 4.2' z DEPTH DEPTH DEPTH DEPTH WATER ~ ~ DEPTH SITE o ~ 9 ~ > ~'I NC 179 & 904 ~ ~•o ERB 9 ~ TRACOASTAL WATERWAY IN .p9 ~ `s. X62 ~ ~1 PIER ELEVATION ISLE BEACH 1`~ ~ P~ NOT TO SCALE VICINITY MAP NOT TO SCALE F~~9~ TP ~ ~0 cAty ER 8 , R~O~ P~ , NORTH CAROUNa _______@RUK$WICK COUNTY Q o a, ~9 ~E DOUGLAS W. y~,e 12A.,oo I, GARY L CURGANUS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY ~ .oo STANALAN D X65 eENCH MARK (REPUTED OWNER) ED OWNER ELEV. TOP SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, "MAC° NAIL LOT 3A / OF PIER = DESCRIPTION RECORDED IN _DEED BOOK 1274_PAGE 588__,, THAT THE )T 3A ERROR OF CLOSURE AS CALCULATED BY COMPUTER IS 1 ACT 1 A 6.5' N.G.V.D. r ~ 69 ~ wAREruNING MAP CABINET T 1PAGE 117 ERB o ~ o , .~A ~ ELEV. = 15.64' .T T, PAGE 11 7 THAT THE BOUNDARIES NOT SURVEYED ARE SF~QVIN IJNES, - PLOTTED FROM INFORMA710N REFERENCED, TM' ~I ~ ~ PREPARED IN ACCORDANCE 'MTH G.S. 47?~Q'~q (Y1iEWDEA.,, ~g,, _ MY IGINAL SIGNATURE, EGISTRATION C 144,x'.' - r w 1~ 'l q ~0 NZ ,50"~ ~'°v~o s o RETAINING TRACT A DAY OF ' ~ X. „ 20_ ' -~c-~' r . 01~ 502 ~ ~~~o~~' v~~ wALL PROTION OF 56 2~0 ~F~o LOT 2A ~ ~ SEAL 00 ~ ono M.B. 4, PG. 129 Qo ---~,ct~, ~ =u~'}cis'!"--w---=--- }pp - ELEV. BOTTOM GARY L GU GANUS , P.L.S. = r~ ~ 4 ~ ~ T OF STRINGER - , ;,y~,~ ~2; Z Z EIP ? ~ o NO ES 5.7' N.G.V. D. REGISTRATION NUMBER L-3474 ; S 20 'MEAN LOW WATER SEAL OR STAMP ~%~y SUH~~',,~` ~ ELEVATION = -1.8' ~ ' y ~ LOCKE N.G.V.D. ' DISTANCE FROM MEAN REVIEW OFFICER'S C'EiiTlff~C Z ti N LIN HARRY I. ° o (REPU ED OWNER) LOW WATER TO BOTTOM STATE OF NORTH CAROLINA OF STRINGER = 7.5 FEET COUNTY OF z ~\st~~~ op TRACT A ~ ~ RO ISON 6 pJ ti w DEED BOOK 935, PAGE 242 . ~ (kEPU DOWNER) ao `A ~ ? o v o TRACT C 2a ° z I, REVIEW OFFICER OF COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS z z DEED BOOK 827, PAGE 559 ° ~ s o~ g. 'o ~~o J AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. _ REVIEW OFFICER ~'p ~ RETAINING ~9 WALL A~ DATE TRACT B ~ M.C. X-14 D.B. 1274-588 98,897 SO. FT, (TOTAL OF TRACT B) y~ ED( 39,175 S0. Fi. / DE( GE of MARSH 1 LEGEND: EDGE OF MARSH WETLAND (TO MEAN HIGH WATER) ~ DECEMBER, 1996 ~I ERB EXISTING RE-BAR FOUND EIP EXISTING RE-BAR OUND APRIL, 2001 ~ vlrr ~ TP TELEPHONE PEDESTAL CAN CABLE TELEVISION PEDESTAL ~ ~ ~ (D=0.0') WATER DEPTHS AT MEAN LOW WATER ~ A• ~ ~ ~ ~ ~ ~ ~ ,J~ MEAN HIGH WATER ~ MARSH 2.9' N.G.V.D. ,JI APRIL, 2001 ~ ~ ~ vIP 2~ vlr< ~ ~ NOTES: s ¦TRACT 8 APPEARS TO BE IN A FLOOD HAZARD ZONE. RIPARIAN 'TOTAL AREA OF TRACT B: 88,897 SO. FT. 15' RIPARIAN vlr! SETBACK LINE SACK LINE ,J~ +TOTAL AREA OF TRACT 8 ABOVE MEAN HIGH WATER: ~ 4 ~ ~ 39,174 SQ. FT. ~ ~ RIPARIAN ~ ~ CORRIDOR ~ RIPARIAN ~ THE DIMENSIONS OF THE PROPOSED COVERED STATIONARY CORRIDOR LINE DECK AND BOAT LIFT INCLUDES THE EAVES. vlr! ,Jr ~ ~ vl~ ,Jr vlr' Py ~ ,Jr ~ o 6 ~~J~ 15 RIPARIAN ~ ,de ~P~ SETBACK LINE vlr ~ ,IUr `~~P\, C'~ ~ ~ ~ ~ ~ tJ~RP RIPARIAN PROPOSED ~ tJ OF/ CORRIDOR LINE 6' PIER A; ~VG Riparian Corridor Survey For ~ ~ F ~ Ap c; vlr ,Jr ~ s ~ ~ u.s.A.c.E LARRY SPAINHOUR vlr Acv ',p, vle ~ ~ ~y6 MONUMENT MADE FROM TRACT B, (9285 PEAKWOOD DRIVE), DEED BOOK BIER X-SECTIOf~ ~ 1; 75~ T28-8 1274, PAGE 588 BRUNSWICK COUNTY REGISTRY AND v EDGE OF MARSH ~~5 EXISTING PHYSICAL EVIDENCE. NOT TO SCALE APRIL, 1997 tJ 6' - 0" v{Ir ~ ,Ilr 2"X 6" CAP ,gyp ~ ,~p~, \5e~ 4"X 4" vlrr 2 X 4 RAILING POST px~0 ~ + N~., ~ ~ Q~ BRUNSWICK xoo ~ F~° G~ 2"X 6" DECKING o eo ~P~ SURVEYING INC s s 5~~ Thomas W, Mor an ~as~ OFF 9 ~o`~,~. ~ ~ Professional Land Surveyor X QO o° ~ ~ F P North Carolina and South Carolina 9 ~,9 _ ~ 9~ ~y -1.i' 1027 Sabbath Home Rd., SW ti ~'sti Supply, North Carolina 28462 (910)$42-9391 ' I s' -3 1' 2"X s" HEADER ,a$`~~ (D=0.9') +(D=1.3') \5~ 60 Q 60 120 .a0~k ~ P~ 5601~5~ -2.6 PROPOSE 6"X 6" (D=I~s') 16'x2o' PROPOSED _2 4' ~ O~~P SCALE FEET 16X20' D=0.6' PILING 2"X 4" (INCIUDIr EAVES) (INCLUDING ( ) +-6_0' ~~~r1 EAVES) ~ + (D-4.2) REVISED 8-08-03 -3 6' COVEF (D=2.6') BOAT COVERED BOAT LIFT -3.9' (D=~ 1')~ ~Q ,6 v'~ / p, ; ,1 PROPOSED ~ P`~~~ 1k 10'X16' ~ Q~ FLOATING DECK VpA~ ~ ~ ©2003, BRUNSWICK SURVEYING, INC. R~ P PROPOSED ~ F.~ IIIIII 0 rn 0 1a'x1s' -1a.s' 0~~~~ `v~ SCALE: 1" = 60' DATE: 4-24-01 rn ~ ~,P G (INGLUD1NC FAVES) +(D=1zs') ~P~ COVERED srAnoNARY DECK ~ TOWNSHIP: SHALLOTTE FIELD BOOK: 4J3 -11 G 1~ ~ ~ COUNTY: BRUNSWICK FILE: 01086 P STATE: NORTH CAROLINA JOB NO.: 01-086