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HomeMy WebLinkAbout20110021 Ver 1_CAMA Permit Application_20110106A,*76y7* 201 10 02 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary January 4, 2011 #4@4? MEMORANDUM: TO: Cyndi Karoly, Supervisor J4 /V ®? Q 401 Oversight & Express Permits Unit ! t, 4.wq 2 11 Division of Water Quality-Surface Water Protection 'a'?' FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Desmond, Michael (c/o: Ed Flynn, Agent) Project Location: 177 Beach Rd., South, on Figure 8 Island, adjacent to Banks Channel, in Wilmington, NC, New Hanover Co. Proposed Project: Applicant proposes to remove an existing floating dock, install a new "L" shaped floating dock and boatlift to provide mooring for three (3) vessels Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 28, 2011. If you have any questions regarding the proposed project contact Robb Mairs (910)796-7423, 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 400 Commerce Ave.. Morehead City. NC 28557--3421 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity Affirmative Action Employer One NorthCarofina Nall,rallil DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Michael Desmond 2. LOCATION OF PROJECT SITE: 177 Beach Road South, on Figure Eight Island, adjacent to Banks Channel, New Hanover County Photo Index - 2006: 24-7409: M 18 2000: 24-310 L 7 1995: 24-292 N 18 State Plane Coordinates - X: 2373542 Y: 184042 GPS: 0-121013A Lat/Long Coordinates- Lat: 34° 14' 57.40269" N Long: 77° 45' 50.33491" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 12/10/10 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received -12/08/10 (Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - City of Wilmington/New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, OR, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Single-family residence, pier, platform, floating dock and boatlift Planned - Replace existing floating dock with a shaped "L" shaped floating dock and new boatlift to accommodate 3 vessels (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] PRFTl(:FTI T7TT T Ln n'rTJUD (A) Vegetated Wetlands Coastal Marsh (B) Non-Vegetated Wetlands Open Water 476 sq. ft. (Incorporated) (C) Other (High Ground) (D) Total Area Disturbed: 476 sq. ft. (0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to remove an existing floating dock, install a new "L" shaped floating dock and boatlift to provide mooring for three (3) vessels. Michael Desmond Page 2 9. PROJECT DESCRIPTION: The project is located at 177 Beach Road South on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and the property will be located approximately 1.75 miles on the right. The project site is located at 177 Beach Road South, adjacent to Banks Channel, on Figure Eight Island, New Hanover County. The property is adjacent to residential properties on the south and north sides. The property is bordered on the east side by Beach Road South and a man-made cove to the west. The current elevation of the property is approximately 8 feet above mean sea level (MSL). The 0.58 acre property is developed with a single-family residence located and has approximately 76 linear feet of shoreline frontage. The highground vegetation extends to a natural bank along the shoreline that is naturally stabilized with vegetation. The bank is approximately four feet in height and transitions to low marsh approximately 25 feet wide that is vegetated with Salt Meadow Hay (Spartina patens), Salt Marsh Cord Grass (Spartina alterniflora), Sea Lavender (Limonium spp.) and Glasswort (Salicornia spp). A wooden walkway extends from the residence and connects to the existing access pier. The existing pier measures approximately 75 feet in length by 6 feet in width that spans over the area of coastal wetlands and open water. The access pier terminates onto an uncovered "L"-shaped platform area, measuring 15 feet in length by 15 feet in width. An access ramp then leads onto a floating dock, measuring 25 feet in length by 8 feet in width, which runs in the same alignment as the access pier. A boatlift is located on the southern side of the floating dock, which measures approximately 12 feet in length by 12 feet in width. The existing docking facility currently accommodates up to two (2) vessels. The New Hanover County Land Use Plan classifies the adjacent waters and high ground portion of the project site as Conservation. The waters of Banks Channel and Middle Sound are classified as SA-ORW, by the NC Division of Water Quality. These waters are NOT designated as PNA by the NC Division of Marine Fisheries and are Open to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to remove an existing floating dock, install a new "L" shaped floating dock and boatlift to provide mooring for three (3) vessels. The applicant proposes to remove the existing 25 feet in length by 8 feet in width floating dock and replace it with a 25 feet in length by 6 feet in width floating dock, which would run in the same within the same alignment. A new floating dock, measuring 18 feet in length by 8 feet in width would be located on the northern side of the most waterward end of this floating dock creating an "L" shaped configuration. A new boatlift, measuring 13 feet in length by 14 feet in width would be located on the landward side of the new configuration. The new floating docks would be arranged in an "L" shaped configuration and would provide mooring for three (3) vessels. Michael Desmond Page 3 11. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately 476 square feet of Estuarine Waters and Public Trust Area, however much of this area is currently usurped by the existing docking facility. The proposed structure would extend approximately 70 feet into the waterbody and would not extend beyond the established pier length. Based on the survey provided in the application, the docking facility would not encroach into the 15 foot riparian corridor setback requirement and would be located within the riparian access area of the applicant. The proposed docking facility would provide mooring for three (3) vessels. Minor increases in turbidity should be expected during construction, but if construction is timed to avoid periods of peak biological activity impacts should be minimal. Submitted by: Robb L. Mairs Date: January 4, 2011 Office: Wilmington F 5 Marine Contractors, Inc. P. 0 Box 868 Cap t, Ed Flynn Wr5ightsvi/le Beach, IV. C. 28480 Durwood Sykes Phone/Fax 910-256-3062 email: efly msn. com 3 Dec. 2010 NCDENR Wilmington, A/C The enclosed CAMS! Major Permit application for Mr. Mike Desmond, 177 Beach Road South, Wilmington, N. C 28411, 15 to make changes to his existing dock facility. We propose to replace the existing 8X25' floating dock with a 6`x25' I loating dock, add an 8'x18' floating dock in on Y "shape and install an additional boatlift on the inside of the new dock There will be a total of three boat slips No changes are proposed for the existing fixed dock and pavilion, The proposed new docking facility is for the applicants family use. tip, Complete Marine Construction Service For Over 35 Years Viers Bulkheads - Floating hocks - Boatlifts - Pilings ^ Repairs -17-2010 0e:13A FRW:FBS MARINE qi&-,F? APR-14•MiR QS;3Z From: M: 19193W4178 P. i Tos91@ P.1,01 A©ENT At$' !QRt7AT1 hL EQiRM Date:;50c.r-d,*)b Nonl+?s, of PJJro?? pody OWW App4ft for Permit Nam of Auth fiortf?l?l?softl c.-I C1YMWs AfOft Address: q R n,' rr???.?.?i1 y 27i irk r??ilr• 3B Phs" Number RiC Apnfs #WndAddroee: Y. As SAA - NC 2w Phone NWW (.. L Mumma I oeNty that t home outhotfied the opens Usted eb" to Ad an My behalf, far ttro purpeae d aOAnt for SM ~no eft CAMA Permit. MMeary to install or W-4trud the 1oliawind (U*Aiy). (my vapq moom at k lvdikwo-K TNa Mfu ( ) Ail) Owwsi nsive Date ?tv call o Din 441D ,3T Go Wkwu tMn tea. W&ko oq, MC N1CS ?? i?'"3 ,Z Amax Np Nb,? I FAR IINDW trtrnlt mar a IroeglMIW ON MP-1 APPLICATION for -? Major Development Permit (last revised i Zf27J06) North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant! Landowner Information ?-- 'j Business Name Project Name (it applicable) c:..-. hi., -- Mi I Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. `_ - T ! Mailing Address x State city IVL 71P ! Country . ?hone No FAX No. Street Address (if different from above) .- - - I -state -- - ------- [ mail -__??..- ,?-- i -- 7 L--- 2. A gentlCon tractor Information _ j Suscne- s Name r yn? j a ! r- - - - AgenU Contractor 1: First Name Ml Last Name AgenU Contractor 2 First Name M! Last Name j Mailing Address -?-- ? PO Box c PV, City Stta'teD - ZIP t I j FAX. No -' r i Street Address (if different from above) Email ???? •• } I « City Slate ZlP Phone No 1 Phone No 2 Conlractor # <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be m Illple) Street Address es? liou /,?? State Rd. # 9L?F?tt 1 tr i Subdivision Name City State Zip r] J phfoln?e No J J I Lot No.(s) (if many, attach additional page with list) i - ext.1 , [ E _ 3q 7-6 7 1 a. In which NC river basin is the project located? 1 &C 1 b. Name of bood of water nearest to proposed project 13td C ?&,""'L c. Is t e water body identified in (b) above, natural or manmade? _ d. Name the closest major water body to the proposed project site. Natural ?Manmade ?Unknown e. is posed work within city limits or planning jurisdiction? ?N Y I. If applicable, list the planning jurisdiction or city limit the proposed work falls within.. o es --- - Wlt?tf???? JY 4. Site Description a. Total length of shoreline on the tract (ft.) q.ft.) b. Size of entire tract (s sq ! ,r ?t1'l c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water IIFvel) ! I (]N NL ; (If many lot sizes, please attach additional page with a list) N or e. Vegetation on tract //M 0.5c iom f. Man-made features and uses now on tract g_ Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? i. Is the roposed project consistent with the applicable zoning? ?1 (Rtt h zoning compliance certificate, if applicable) Yes ?No ?NA v?}?? j. Is the proposed activity part of an urban waterfront redevelopment proposal? QYes No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes o ?NA If yes. by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a Dyes o ?NA National Register listed or eligible property? <Form continues on next page> Major Development Permit m. (I) Are there wetlands on the site? Y ?No (ii) Are there cbastal wetlands on the site? Yes N / (iii) If yes to either (i) or (if) above, has a delineation been conducted? ?Yes ;N o (Attach documentation, if available) n. escribe existing wastewater treatment facilities. D J*< ?ff1?L7? ?( . . o. Describe existing drinking water supply source. 171Mmv?; ?Z. p. Describe existing storm water management or treatment systems. SU Ie /c'u o'-rr 5. Activities and Impacts a.?Wiff ttie project be for c6mmerciat public, or private uses C mmercial [jPubliclGovernment ?li:.'?Tt? - rivatel?t7ffft4tQtttf9 1 b. Give a brief description of purpose, use, and daily operations of the project when compete. 11{ l?r?z1 wf e . Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. lx , `An0 6? j4lBr???Itfl? /406 8 D LlV I /'^ N 7 gT1F/ IT, ..5 -) "T",. //°t l1!7 Tlrn« 7, ?K q liJh IV X;- d. List all development activitie you propose. r ? d o ?k qoo e. Are the proposed activities maintenance of an existing project, new work. or both? P - w/ NZ , w u I. What is the approximate total disturbed land area resulting from the proposed project?? r_ J ?Sq.Ft or [}Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. lt 1 / Y I. Will wastewater or stormwater be discharged Into a wetland? ?Yes No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?N ?NA j. -ts there any r,itigatl n proposed? Yes o ` ONA - If yes, attach a mitigation proposal. <Form. continues on back> Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish Icbmeei rwdrn-cornprateltrartu-proposdu. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name /f&m //fi?.el l4/ / Phone NoGtllb ?jofcr_ yf 7 Address ©o' 6 IV/ ? Rf tLl 4th 4 a-,Y/ 3 Name -? Phone No. gdt/ 5,11 -Old lb Address Name G Phone No. Address 1 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permittee, and issuing dates. I i I F h. Signed consultant or agent authorization form, if applicable. i. Weiland delineation, if necessary. i_ -Aainn,.rt AFF.. h17arrl nntirp.fnr nrniartc in nronnfrnnt nnrl ._... ff k A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure t - of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act:. - 7: 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 the conditions and restrictions contained in the permit. 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. ,41 ' N/ Date Print Name L:_- C Signature jW G?de- Please indicate application attachments pertaining to your proposed. project. ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts VC M MP-3 Upland Development M MP-4 Structures Information Form DCM MP-4 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 that relate to this proposed project. Please include all supplemental information. 9. DOCKING FACILITYIMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: / b ?Commercial ?Public/Government VPrivatelGeffrw.a4 c. (i) Dock(s) and/or pier(s) h (ii) Number V (iii) Length (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms included? ?Yes Nc r If yes- (ii) Number ^T (iii) Length _ (iv) Width (v) Floating ?Yes ?No Note: Rooted areas are caiculated from dripline dimensions. ?This section not applica, (i) Will the facil; be open to the general public? ?Yes o e d 0) Are Finger Pi ers included? Y s ?No If yes: (ii) Number ? {iii} Length Q 1r/` (iv) Width (? GJ ?i (v) Floating ( s ?No / f {;) Are Boatfills included? Yes ?No M If yes: (ii) Number iiii) Length, L_ (iv) Width Ai Q1 1-7 g. 03 umber of slips proposed (ii) Number of slips existing 1? i. Check the proposed type of siting: La d cut and access channel ? en water; dredging for basin and/or channel pen water: no dredging required ?other; please describe: J k. Typical boat lengi h. Check all the types of services to be provided. Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies Oockage ('wet slips-) only, number of slips: Dry storage: number of boats: [? Q/fat :amp(s); number of boat ramps: lUr/Qiher, plea describe- RO C- i. Describe the typical boats to be served (e.g, open runabout. charter boats, sail boats. mixed types). O &A /UA Maftr 1. (i) Wilfthe fac nt be open to the general public? ?Yes No m. (i) Will the ffa/ptlity have tie pilings? ?Yes X10 (ii) It yes number of tie pilings? Z DOCKING FACILITY/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be inctuded in the proposed project. ? Office Toilets ? Toilets for patrons; Number- ; location: ? Showers 0 Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash, secuon not appfrcabil d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge signs proposed. (ii) give the location and number of 'Pumpout Availabie signs proposed. f Describe the special design, if applicable, for containing industrial type pollutants. such as paint, sandblasting waste and petroleum products, g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and -No Wake- signs proposed. V_ i. Give the location or fuel-handling facilities, and describe the safety measures planned to protect area water quality. 1. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I If this project is an expansion of an existing marina, what types of services are currently provided'? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? QYes ONo n. Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? QYes QNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. QCW QSAV QSS OWL QNone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? QYes . QNo if yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) l# VThis section not applicab, a. (i) Is the boathouse structure(s): OCommercial OPublic/Government OPrivate/Community (ii) Number (iii) Length (iv) Width Nora: Ron-fed areas are calculated from drrpkne dimensions. L 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MI'-2, Excavation and ;all.) J-thns not applicabt a (t) Number (ii) Length (iii) Width 15. BREAKWATER (e.g., wood. shee!pile, etc.) f ;~K Ib?' This section not applicabt a Length o. Average distance from NHW- NWL. or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ?Commercial OPublic/Government ?Pnvate/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, it present. b. Number section not applicabt d. Description of buoy (color, inscription, size, anchor. etc.) e. Arr, of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines -? / S-i Note. For buoy or mooring piling, use arc of swing including length of vessel. b. Proximity of structure(s) to adjacent docking facilities, 4- 30, c. Width of water body d. Water depth at waterward end of structure at NLW or NWL -/-3oor 7_' Cht?i,J e, (i) Will navigab nal aids be required as a result of the project? ?Yes o ?NA (ii) if yes, explain what type and how they will be implemented 18. OTHER ®This section not applicabi a. Give complete description 19 ?sIbrrn?v?c, 14 jivo 3 ??? • AID Gate Project Name T--el r-1,4 Wd Applicant Name Applicant Sig azure . ? 1gt) -C'`' ,50 ? EXISTING OATING S ? DOCK 1 //?? t l r U??IAA?f Mt , L' 6$ El EXISTING G ?i 2 \ RIWP 503 0.4 RAMP P W'V m x1.7` x1. / /'x1.9 x2.5\ x29'' p " - 4.1 fly n, ?8;?? .o? ?FR r40`o FROG / \ x2.3 EIR .2x \ .cC i - 1 EIP 1 I Elp 'oo (?J1 ? ??G-r 3 9?l?71 r? O (?jl? N /i O "d7?1?JE?t3 ?}j1?15/?i?ND ?lei? AIL J <14 LOT 177 Z LOT 179 V 12 FIGURE EIGHT ISLAND Ap BOOK 14 PAGE 3 I .' e ?1M k . 4p LOT 175 0.73 Acres, o m ?? 5? ? 1`3?, Izl ? ICI I°I ` l v II ? iol Iii 1- I81 3-3 s LOT 179 SECTION 12 FIGURE EIGHT ISLAND MAP BOOK 14 PAGF 3 sl % 15? - \ ?15 ' 0.4 i x2.3 I EIP I ,? z ?I G7? N ?I I 'rhm kl5z l + LOT 17% N tr LOT 177 N a l 0.73 Acr 764c'e, 26'a Lm-r-, F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 32 years! AIN) N ? 7.67 6?Z ?,?jtth'/ -20)a L1y2cr CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly@msn.com f Y?? ?Grt 1?:?? -1 -) l3ow fi, ?JNVI 1,?j1mupJ 14(1- Z,411% NEW PA(fS LOCATION MAP PFERS NOT TO SCALE NECK Rb A. f -SITE ?r- Y , ie. 1D /-- Ki-