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HomeMy WebLinkAbout20110046 Ver 1_CAMA Permit Application_20110113 201 10046 A Pop; 74 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 10, 2011 p [9k!b MEMORANDUM: D TO: Cyndi Karoly, Supervisor JAN 1 ? 2011 401 Oversight & Express Permits Unit MNR WATEROll&P Division of Water Quality-Surface Water Protection AWS TER 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: Klarmann, Charles - (c/o: J. North, Agent) Project Location: 8709 Bald Eagle Lane, Porters Neck, adjacent to Bald Eagle Canal & Futch Creek/Middle Sound, in Wilmington, NC, New Hanover Co. Proposed Project: Applicant proposes to install a new boatlift to an existing private docking facility within Bald Eagle Canal Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 3, 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 DATE 400 Commerce Five., Morehead City, NC 28557--3421 Phone: 252 808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net kEqual 'Opportunity ',Affirmative Action mployor Onc NorthCarofina W11116111Y 1'V DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Charles Klarmann 2. LOCATION OF PROJECT SITE: 8709 Bald Eagle Land, adjacent to Bald Eagle canal and Futch Creek/Middle Sound, in, New Hanover County. Photo Index - 2006: 22-7430: K, 7 2000: 22-279: K, 6 1995: 22-262: J, -7 State Plane Coordinates - X: 2379146 Y: 202041 Latitude: 34°17'54.73037"W Longitude: 77°44'40.87491"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-090711A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/07/2010 Was Applicant Present - Yes (including agent) 5. PROCESSING PROCEDURE: Application Received -12/17/2010 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Single Family home, fixed pier, floating docks and single-pole boatlift Planned - New four pole boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non-Vegetated Wetlands (Open water 156 sq. ft. (Incorporated) (C) Other (Highground) (D) Total Area Disturbed: 156 sq. ft. (0.003) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new boatlift to an existing private docking facility within Bald Eagle Canal. Charles Klarmann Page 2 9. PROJECT DESCRIPTION: The project site is located at 8709 Bald Eagle Lane, adjacent to Bald Eagle Canal and Futch Creek, in New Hanover County. To locate the property from Market Street (NC Highwayl 7), turn onto Porter's Neck Road and travel east approximately 2 miles. At the stop sign, turn left onto Bald Eagle Lane and travel north approximately 1.2 miles and the property of interest will be located on the left just past Futch Creek Road. The lot is approximately 0.57 acres and averages 10' above normal high water (NHW). The applicant's property consists of a single-family residence. Upland vegetation consists of ornamental landscaping, maintained lawn grass and hardwood species, primarily oak trees. The approximately 100' of shoreline is bordered by coastal wetlands consisting primarily of Smooth Cordgrass (Spartina altemiflora), which covers an area approximately 15' in width. There is an existing fixed pier leads onto two floating docks (16'x 6' and 16'x 4') within the canal that runs parallel to the shoreline. A single-pole boatlift is located on the upstream end of the floating dock. The application states that the existing docking facility currently accommodates one (1) vessel; however; it appears that the docking facility could potentially accommodate two (2) vessels. The application also states that the existing water depth at this facility is approximately -0.9'to -1.8' @ normal low water (NLW). The structure would extend approximately 13 feet into a waterbody, which measures approximately 54 feet across. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Futch Creek are classified SA by the Division of Water Quality. The area is designated as a Primary NurseryArea (PNA) bythe N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to install a new boatlift to an existing private docking facility within Bald Eagle Canal. The application states that the existing boatlift would be removed and a new boatlift, measuring 13' in length by 12' in width would be located on the southern side/upstream end of the existing floating docks. The application states that the applicant would install auto stops or a device to prevent the boatlift from resting on the substrate during periods of low water. The application states that the new configuration would accommodate up to two (2) vessels. 10. ANTICIPATED IMPACTS: The proposed boatlift would incorporate approximately an additional 156 ft2 of Public Trust Area and Estuarine Waters. Due to the limited amount of water, approximately -0.9'to -1.8' (NLW), there will be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers to access the channel of the canal. The proposed structures would not extend the overall length of the pier toward the main channel of Bald Eagle canal. The structure would not encroach into the 15' setback riparian corridor requirements. Minor turbidity increases may be expected during the construction process. The proposed structure would extend approximately 13' into a waterbody that measures approximately 54' in width, as proposed the structures would meet, but not exceed the % width limitation. Submitted by: Robb L. Mairs Date: 01/10/2011 Office: Wilmington Awn, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary AGENT AUTHORIZATION FORM 1 Date: / ! 1 Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: Owner's Mailing Address: Agent's Mailing Address: Phone Number (?,,/ La - ?i 3 Phone Number (?)/O) L/ I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): (my property located) at ''? t%? i 1r t C'C `; ?? Lc-'- This certification is valid thru (date) Property Owner Signature l')-/4 c Date fy.'.. +' 3t 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NohCar6 na Naturallil ?- •-n ? ?? ON MP-1 APPLICATION for MaJor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # w ?a Aj c> ?r `d c lef ?a ?Y Z_ a v ?- Subdivision Name city State Zip cd.e_' In ( N c- ;;? Fq?l Phone No. Lot No.(s) (if many, attach additional page with list) q/O - 3 i,; - )?t_U 3 ext. , r basin is the project located? a. In which NC ri water nearest toproposed project b. Name of body o f ve Cline }='e oar ' LL __ Q I U?t " G ]?1 // G - C&I1G- d / c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. . Natural ?Manmade ?Unknown l qC- e t^ v -e e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed QYeso work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 10D e jDO ? 7 f c. Size of individual lot(s) ,4J_ 0 S 2 d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) /® 5 ; , (if many lot sizes, please attach additional page with a list) (?AIHW or ?NWL e. Vegetation on tract I_ i`q/vO?S????C?' Y??ziTy r-tAi'S? S/`eSS/?fec-S ? Sit/u?5 f. Man-made features and uses now on tract tlilau5e ?`/rT g. Identify and describe the existing land uses adjacent to the proposed project site. t (f 5r?e?n-? rP h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? c/ `?`f r (Attach zoning compliance certificate, if applicable). f e 5 f rl ges ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? CYes kNNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes Wo ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ONo ?NA National Register listed or eligible property? <Form continues on next page> 0 1 1 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Oyes ?No (ii) Are there coastal wetlands on the site? Jves ?No (iii) If yes to either (f) or (ii) above, has a delineation been conducted? ?Yes goo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. ?0(' ,I c7 o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. S "A o e e u ^i o?`? 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Publir9Government P i0 a? e ?/ e S% rti 1 %Q I ?PrivatelCommunity b. Give a brief description of /purpose, use, and daily operations of the project when complete. ) r y4e 10-3.q- 1" +-+ will ?JfotJiL/e- OL SG?C (Jlace- c4 0 Lcc Y- e ?l er _ 1 D Uq 6-?c--A C- c. 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. / ('?J `W" 10Dcq (r? ?? }yG "? l i ?. S r. s w i r r [l -- C /C C P- r S w • l AA s 1101-G c o p?. ?/e r d, 'FOO is wi (( ?2 Q(q OG?t -S d e1c?Swi^ `!'fie or,JNrrs r1De i J d. List all development activities you propose. '6C /"SS e. Are the proposed activities maintenance of an existing project, new work, o ?b]oth? /Jew two I- Ic a T c )'J-rqO, -5 nC'C'C\ 'A f. What is the approximate total disturbed land area resulting from the proposed project? ?Sq.Ft or ?Acres /Na.N e g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes o ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ?Yes o ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA j. Is there any mitigation proposed? ?Yes ! 4o ?NA If yes, attach a mitigation proposal. <Form continues on back>:?.. Y Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permi( 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 properfy 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 between work completed and proposed. 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. I. 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 u Y ^I Phone No. Address 8 7 DS tJa IGI ?GS Inc L4.- S` Ih.??/tJ C .4rk/// Name (?? 111 a.n ps s Phone No. Address 1 7 13 IJA t G? &Gr, ?a.a e- /L9. C. 2 rC/ Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. I h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.1 13A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. f 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. Date ??! O Print Name J/' M A ? Sr?y Signature - Please indicate application attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts []DCM MP-3 Upland Development A912CM 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ?Commercial JilPrivatelCommunity ?This section not applicable b. (i) Will the facility be open to the general public? ?Yes 125Nn c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length 8 . (iv) Width 3 (v) Floating ?Yes RNo e. (i) Are Platforms included? ?Yes ?No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ;2JiCes ?No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed o;Z (ii) Number of slips existing i. Check the proposed type of siting: ? Land cut and access channel ?Open water; dredging for basin and/or channel Open water; no dredging required ?Other; please describe: k. Typical boat length: 90 m. (i) Will the facility have tie pilings? ?Yes Pso (ii) It yes number of tie pilings? d. (i) Are Finger Piers included? ?Yes *0 If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No I. (i) Are Boatlifts included? $cYes ?No If yes: (ii) Number / (iii) Length (iv) Width 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 Dockage ("wet slips") only, number of slips: o?- ? Dry storage: number of boats: ? Boat ramp(s): number of boat ramps: ? Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). runoabocr 'v4- 1, (i) Will the facilit be open to the general public? ?Yes )No 2. DOCKING FACILITY/MARINA OPERATIONS his section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? 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. 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 Available" 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. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? .k. Describe design measures that promote boat basin flushing? g k 1i 1. If this project is an expansion of an existing marina, what types of services are currently provided? L. AU ? U _ ,'1? Ate- y, r m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No 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. ?CW ?SAV ?SB ?WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) C}.Yliis section not applicable a. (i) Is the boathouse structure(s): []Commercial ?Public/Government []Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ;?This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 12tws section not applicable I, a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS :2?This section not applicable a. Is the structure(s): []Commercial []Public/Government []Private/Community c. Distance to be placed beyond shoreline Note. This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) S 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. b. Proximity of structure(s) to adjacent docking facilities. ?Or c. Width of water body Sy r e. (i) Will navigational aids be required as a result of the project? ?Yes ,25No ?NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL '2,;L 'it 8. OTHER This section not applicable a. Give complete description: /?- /,?/l? Date Project Name Applicant Name Applicant ' natu ?L iU x: . f i I ? I ? { ? i I ? I I I ri I ? f ? I I I i j I I I ' I I ? ? ? i I I I 1 i I I 1 I I r I I i; ? 1 I 1 i \ I I I I I I ( ? 1 I I { I I \ i 1 I 1 I I ` I ? I I ? ? 1 I I I I , I I ? I ? I ? I I I ` ? ? _ ? I I j . i I I ? T ? I f -r 1 I I I 1 I I ? I j i ?I I I j , ul 0 I l l ; I ? i I l3 I ? I ' i I I ? I • I_ I I ? I i I _ I f i i I I I I I I I i ? I I { i I I I I I I ' ? I i l i i i I I I i I I I i l i I ? ? j ` I I I ? _ I r f I I I i -- I , I I - I I I I { i ' I i --,-- Id - i i ? r-r----t--r- '-{ I i v I f I I; I I + - i I \ ?_ ? I ! I -t _- I i ? t i -? ? I i I I ' I i i I I I? ! ! I L I y ! I i I I t I i ? 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