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HomeMy WebLinkAbout20110174 Ver 1_CAMA Application_20110222?' ... ::A IL 2 0 1 1 0 1 7 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary MEMORANDUM: February 21, 2011 r1X@Pq:fl7W_qQ_n, TO: Cyndi Karoly, Supervisor FEB 2 2 2011 401 Oversight & Express Permits Unit NR - nYA F2 Division of Water Quality-Surface Water Protectio 4ii asrr wa & FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Major Permit Application Review Applicant: Baker, Mitchell - (c/o: E. Flynn, Agent) Project Location: 107 W. Salisbury St., adj. to Kenan's Creek & Greenville Sound, in Wrightsville Beach, NC, New Hanover Co. Proposed Project: Applicant proposes to reconstruct 130 linear feet of new timber bulkhead located waterward of the existing deteriorating asbestos bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 16, 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 Ave.. Morehead City, NC 28557--3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal 0 portG,nity \ Affirmative Action tEmployer One N()1 thCarol111a Naturallil DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Mitchell Baker 2. LOCATION OF PROJECT SITE: 107 West Salisbury Street, adjacent to Kenan's Creek, Greenville Sound, in Wrightsville Beach, New Hanover County. Photo Index - 2006: 24-7411 Q-R, 6 2000: 24-308 G, 19 1995: 24-289 1,19 State Plane Coordinates - X: 2363749 Y: 172337 Latitude: 34°13'02.81952"N Longitude: 77047'48.67146"W 3. INVESTIGATION TYPE: CAMA / D & F ROVER FILE # 0-011911A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 01/19/2011 Was Applicant Present - Yes (agent) 5. PROCESSING PROCEDURE: Application Received - 02/17/2011 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Wrightsville Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal sewer Planned - N/A (F) Type of Structures: Existing - Two-story single-family residence, concrete walkway, aging asbestos bulkhead and a private docking facility Planned - Timber bulkhead Source - N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (High Marsh) 90 sq. ft. (B) Open water Vegetated Wetlands Low Marsh 170 sq. ft. (C) Other (Highground) 2,340 sq. ft. (D) Total Area Disturbed: 2,600 sq. ft. (0.6 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 130 linear feet of new timber bulkhead located waterward of the existing deteriorating asbestos bulkhead. Mitchell Baker Page 2 9. PROJECT DESCRIPTION: The project site is located at Salisbury Street, adjacent to Kenan's Creek, on Harbor Island, in the Town of Wrightsville Beach, New Hanover County. To locate the project site from Wilmington take US Hwy 74/76 to Wrightsville Beach. Travel across the drawbridge and keep left on West Salisbury Street/ US 74. Travel approximately 3/4 mile; at the base of the bridge turn right onto Lookout Harbour Way. The property of interest will be located on the right. The property is adjacent to Kenan's Creek and coastal marsh on the east and an expansive coastal marsh to the west. The property is adjacent to Lookout Harbor Condominiums to the south and the Town of Wrightsville Beach property along West Salisbury Street to the north. The applicant maintains a two-story single family residence on the project site. Highground vegetation consists of maintained lawn grass and ornamental landscaping. The lot is approximately 0.5 acres in size and has an average elevation of approximately 5' above normal high water (NHW). The project site has 130 linear feet of shoreline frontage stabilized by an aging asbestos bulkhead. According to the application, this asbestos bulkhead was constructed in 1973. Located on the landward side of the bulkhead is an existing 10' wide concrete walkway that spans the entire shoreline. Waterward of the existing bulkhead on the west side of the property is an expanse of coastal wetlands averaging approximately 75' in width consisting primarily of smooth cordgrass (Spartina altemiflora). Waterward of the existing bulkhead on the east side of the property is an area of coastal wetlands. This area of coastal wetlands adjacent to the bulkhead ranges from 20' in width to 25' in width from north to south and consists of high and low marsh vegetation. Located within this area of wetlands are remnants of broken up concrete slabs that appear to be placed along the shoreline for stabilization. Extending in a westerly direction from the bulkhead towards Kenan's Creek is an existing private docking facility, which consists of an access pier, covered platform and floating dock. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters of Banks Channel are classified SB by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct 130 linear feet of new timber bulkhead located waterward of the existing bulkhead. The proposed bulkhead would be located no more than 2' waterward of the existing bulkhead. The applicant states this alignment is necessary to avoid impacts and disturbance to the existing deteriorating asbestos bulkhead. The application states that the existing concrete walkway and cap would be entirely removed. The application states that a new timber bulkhead (approximately 130' in length) would be constructed using a waterjet. The application also states that the remnants of broken up concrete slabs would be removed from the marsh by use of a backhoe loader from the highground. 11. ANTICIPATED IMPACTS: The proposed new timber bulkhead will result in the filling of a total of approximately 260 square feet of coastal wetland fill. Of the 260 square feet of coastal wetland fill, approximately 170 square feet would consist of primarily Smooth Cordgrass (Spartina alterniflora) located on the western end of the property and approximately 90 square feet of sea oxeye (Borrichia frutescens) salt meadow Hay (Spartina patens) on the north end of the property. Approximately 1,300 sq. ft of existing impervious concrete would be removed from the coastal shoreline 30'buffer and replaced with associated backfill and tie-back anchor system. The area would then be vegetated for stabilization in an area of approximately 2,340 sq. ft. with the Estuarine Shoreline. The applicant's proposal to construct the wall using a water jet has the potential to increase disturbance, sedimentation and turbidity into the adjacent marsh. Minor increases in turbidity should be expected during construction Submitted by: Robb L. Mairs Date: 02/17/2011 Office: Wilmington Marine Contractors, Inc. P. 0 Box 868 Cap t, Ed Flynn Wrightsville Beach, N C. 28480 Durwood.5ykes PhonelFax 910-256®3062 ema#aefly@msn,com 10 Feb. 2011 WDENR Wilmington, IV C The enclosed CA41A Major Permit application for 114r. Al i tchell Baker, 107 W salisbury St_ Wrigh tsville Beach, N, C. 28480, is to install a new treated timber bulkhead two feet waterward of an existing deteriorating asbestos bulkhead that was installed in the early 1970's The site has coastal marsh that grows up to the existing bulkhead, but we are requesting a two foot offset for the new installation so we can encapsulate the old asbestos in its current location and not have to remove, handle and dispose of it in a landfill With 130'of frontage, we will be incorporating a maximum of 260 sq. ft. of marsh. (2x130) ?--f Vf°fd A 12-,mvd,4,,4 e-mc aTe' WdP`h, CX/Zn20.f /¢hf7 v Complete Marine Construction Service For Over 35 Years Piers N Bulkheads N Floating Docks w Boatlifts - Pilings - Pepairs FEB-1-c©11 09:21A FRCH VS. C19RINE 91a2563062 TQ.7631139 P,2 -- _. APR-14=2010-08:52 From: To91C12563062- P..1!1 ?j North Carolina Department of Environment and Natural Resourm Division of Coastal Msrtiegement James H. GMgson gsverly Eaves Perdue of ctor Govemor pee Freeman Secretary AOR AU'fW,OR?Z?ITION,FOR? orate: ? ??1? Name of Proporty Owner Applying for Permit: Marne f gffiorize, Agent for this project' s Owner's along Address: UMAAM Zino! Phone Nurnbor L.9ID . Agonl's Malting Address: P.0,WXIS Phone Number of ?ppiyi"? I aertity that I have authorlzed tha agent listed above to sot on my behalf, for the purpose and obtaining all CAAMA Petmit?e?saa oinsal Construct the following (activity)' for iofL (my property located) at 0 2 ?Y S `1/30/ d7?y , This ce 'ftcation i8 valid thru (date) _ ?1..-=--- - -1-ay? Data property owner signature 127 U &B, D&O , yWrtkfM, NC 29149 Phom 9to 70 42161 FAX' 910,'196 901 "0"10 MrNw "C0°?d?? ?1 hG ?a?rri??y .. e.... e?.?,wepvtllir+PWW Acin?tJrobfx 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name tty? `?, MI i M&Ld „ Last Name C?YL? Applicant 2. First Name M{ Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address {"?L PO Box OdiXid, 7 Staate ZIP Country Phone No. OJO -kr? -?ooo ext. 29Y91 u FAX No. 19149 Street Address (it different from above) City I State ZIP Emait 2. AgentlCon tractor Information j Business Name r Agent/ Contractor 1: First Name iE/ MI Last Name rL ,? Agent/ Contractor 2-. First Name Mt Last Name /Nailing Address PO Box g?$ rCt r l (lJj State ZIP i Phone Na 1 II I -7/0 ext, Phone No 2 ext. FAX. No. qJD , Contractor # Street Address (if different from above) City State {z ZIP Emai{ c°_ ?41 &0 At <Form continues on back> Fofim DCM M- P-1 (Page 2 of 4) 3. Project Location APPLICATION for Major Deveippment Permit county (can be uitipie) J ? Street Address State Rd. ff ?7% lo 9 G/ S,qlshi a?Ln. / Ll l , q - Subdivi ion Name City state I Zip ?1?? 1r 10 l+lr?6n?j? c --- Lot No.(s) (if many, attach additional page with fist) - q Phone No / r l d ex ? a. in which NC river basin is the project located? r"' 64-L 1 b. Name of body of water nearest to proposed project ? ?SCl &W d/- 41 Zlors Gt,? a c. Is water body identified in (b) above, natural or manmade? ttp d. Name the closest major water body to the proposed project site. Natural []Manmade ?Unknown ` ?G1 work within city limits or planning jurisdiction? e. It y f. If applicable, list the planning jurisdiction or city limit the proposed i •Nork falls within. Yes ?No y", t , i HtStrllks ? 4 f4 6 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 69 ) 1d s e I c. Size of individual lot(s) d. A ?proximate elevation of tract above NHW (normal high water) r vet) a ficlug NWL (normal watV or [jNWL NHW (if many lot sizes, please attach additional page with a iisl) ? getation on tract V e. e / f. Man-made features and uses now on tract I g. Identify and describe the existing land uses adiacent to the proposed project site. J2&.?? 9 4!'??1 ?I How does local government zone the tract? h i. Is the roposed project consistent with the applicable zoning? . cable) (Alt h zoning compliance certificate, i 9J?1 o0lF'/ { es ONo UNA __ Z N j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes No (ANA if yes, by whom? V o ?NA 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes National Register listed or eligible property? _ i <Form continues on next pages 1 Major Development Permit m, (i) Are there wetlands on the site? Y ?No (u) Are there coastal wetlands on the site? Yes Y (iii) If yes to either (t) or (ii) above, has a delineation been conducted? (Attach documentation, if available) ?Yes oo n. Describe existing wastewater treatment facilities. A o. Dscnbe existing drinking water supply source. tl p. Descrfbe existing st rm water management or treatment systems. i<e'tt? ?G(r)c? 15. Activities and impacts a: 4 the aroiect be far c8rnmer6ai,°pubtic,'orprivate use? b. Give a brief description of purpose,. use, and daily operations of the project when complete. • sAll i ,60' ::Iwl i w I?n: ul, r'tv c?rn? &F?? - f / ? M V??s 1 c. Describe the proposed construction methodology, types of construction equipment to be used during constr ciion, the number of each type of equipment and where it is to be stared. 'ke OLJ lit T 1v 0e ,;rmler dM 511 L;- d. List all development activities you propose. . ;ts,??1???1 f/1,?1r?`L?? fig t?? ?tC?.? 1?b l??l?'/?`??c..?r?r? c°? ?c"1`?'r?r,l?A..?t??n? - e- Are the proposed activities maintenance of an existing project. new worts. or both? ` j I. What is the approximate total disturbed land area resulting from the proposed project? I !x r 7) 9,1o Sq.Ft or DAcres c'X'/ g. Wilt the proposed project encroach on any public easement, public accessway or other area ?Yes ?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 wettand? ?Yes No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ? ?NA j, Js there any mitigation proposed? 'Oyes a [ANA It 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) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly 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 ''arbtVOCe? 1•tfVdfn'cOrnjrrryteru-artu-proposEh,. 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 jOWAJ dT- Al&LM'W4 / Z4;4 Phone No.710-5d VA 10 Address/?ltlrfG vfi?,/1i'T?//,S ?l12 aYO p "tame /LCJIcaW7"t/ .J'" rl Ca " H1J'V.4* Phone NoQfO ! Address PA ( ?3 A&YAttTy $Alz , I?lL 2BY j i Name f j Phone No. f4 j Address g- A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Permitiee, and issuing dates. I h. Signed consultant or agent authorization form, if applicable. i- Welland delineation, if necessary. i ACinnPrt AFt' hA7ard nntirP rru nrniartc in nroanRnnt anri irlot aro?rF re.{q?jl„no,, ;E g , , a_g?+?us*.f?b,L_.•. -- j 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 j I of public.funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. t? F7. Certification and Permission to Enter on Land f I understand that any permit issued in response to this application will allow only the development described to 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 f'b atoll Print Name r/ ,IrL y'Ufi) Signature JD e indicate application attachments pertaining to your proposed project- M MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts [IDCM MP-3 Upland Development ?DCM MP-4 Structures Information Form DCM MP-2 -EXCAVATION and FILL, (Except for bridges and culverts) Attach this forth to Joint Application for CAMA Major Permit. Form QCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation andlor fill activities. All values should be given in feet. Access -- - Othey Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater {ext:tuding shoreline (NLW or NWL stabilim! on Length Width ` Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ' f E a. Amount of material to be excavated from below NHW or NWL in cubic yards. b_ Type of material to be excavated. section not applicable c. (i) Does the area lobe excavated include coastat wetiandslmarsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected. OCW OSAV __ OSS OWL ONone (ii) Describe the purpose of the excavation in these areas 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area c. (i) Do you claim title to disposal area? [)Yes ONo ONA (ti) if no, attach a letter granting permission from the owner e. (i) Does the &Sp85al area include any coastal wellandslmarsrt ((;w), submerged aquatic vegetation (SAV), shell bottom (S8), or other wetlands (WL)? If any boxes are checked. provide the number of square feat affected. OCW ?SAV OSS OWL ONorle (il) Describe the purpose of disposal to these areas: d. High-ground excavation to cubic yards section not applicable b. Dimensions of disposal area d (i) Will a disposal area be available for future maintenance? OYes ONO ONA (ii) It yes, where? f (1) Does the disposal include any area in the water? OYes ONo ONA (it) If yes, how much water area is affected' 3. SHORELINE STABILIZATION Q This section not applicable (if development is a wood groin, use MP-4 - Structures) t 14, a. Ty of shoretine stabilization: b• Length. _._.? Bulkhead QRiprap OareakwaterMil QOttter: Width: c. Average distance waterward of NHW or NWL: d Maximum distance waterward of NHW or NWL. a' - l.2' ne erosion during preceding 12 e. T e of stabitizat material: 1. (i) Has there been s;NA months? LAM -- Qyes QNo (ii) If yes, state amount of erosion and source of erosion amount fnformaton. g. Number of square feet of fill to be placed below water level. Bulkhead backfiil Q0 0-7' Riprap Breakwater/Sill Other 1. Source of fill material- l4 JOWW 4. OTHER FILL ACTIVITIES /Yl `,~y (Excluding Shoreline Stabilization) i ? a. (i) Will rill material be tuought to the site's [)Yes QNo QNA If yes. (it) Amount of material to be placed in the water (iii) dimensions of fill area (w) Purpose of fill. h. Type of fill material. C48111 Shy section not applicable b_ __p) Will fill rriatertai be placed in coastal wetlandsfmarsh (M. submerged aquatic vegetation (SAV), shelf boltom (StB), or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected. QCW ?SAV U:jd ?. OWL (None (n) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b• controlled? del /h ?+1 Ali toad dcP-I (i) Will navy onat alts be required as a result of the project? ?Yes No QNA (ii) If yes, explain what type and how they will be implemented. What type of construction equipment will be used (e g , draghne, backhoe, or hydraulic dredge)? (i) Will wetlands ossed in transporting equdpmsnt to project site? (]Yes VMO ONA (n) if yes. explain steps that will be taken to avoid or minimize environmentat impacts- ?© ?` ?a? ? - lyfV Appli nt Na Oale ,,. /6- c.7 Project Name Applicant Signature C h1 C35- L" > z r p y z X b A q N ? O C Z D C r A m z O '" "? -0 _ ? z ^ Z o V n °o Z _-Z M m S O t = O?. ? ? Nb y(n ? ? y yo yr" yt" ?M??q q h a f-n r --K r' ? z 2-0 c ? CD z = rn > OX a ,c- o N. ? `?_ C?id'tri? CL 00 03 n c> O g? 8 a x N r. C 9 m r in -?--- 10 N ? N m O p. o ? D G D i J •? c c 1 Q4. -za? 4 Im ,.v ? I:I t' ?j E' R Pr. ti.. Ora I`? q _I ., i t y, 03\ C?• 1 ? o -.0 m r 1 Q vp 91 z z? ? 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