Loading...
HomeMy WebLinkAbout20110563 Ver 1_CAMA Permit Application_20110613A'r'%--? - 2 0 1 1 0 5 6 3 Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Director June 10, 2011 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection Dee Freeman Secretary 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: Southeast Harbor HOA - (c/o: J. Hundley, Agent) - MM#46-91 Project Location: 7115 English Landing Rd., adjacent to the AIWW & Myrtle Grove Sound, in Wilmington, NC, New Hanover Co. Proposed Project: Applicant proposes to expand and extend an existing community marina within Myrtle Grove Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 5, 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 A 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 Natu'rallif DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Southeast Harbor HOA 2. LOCATION OF PROJECT SITE: 7115 English Landing Road, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Myrtle Grove Sound, in New Hanover County. Photo Index - 2006: 21-7381, N-Q, 3-4 2000: 21-261, M-P, 3-4 1995: 21-244, M-P, 16-17 State Plane Coordinates - X: 2337015 Y: 119716 Rover file: 0-041512A Latitude: 34004'25.43795"N Longitude: 77°53'13.99566"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/15/2011 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 05/25/2011 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Conservation / Resource Protection (B) AEC(s) Involved: EW, ORW (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - 48-lot subdivision with single family residences and a 28-slip community marina consisting of an access pier, gazebo and a system of floating docks and finger docks. Planned - Expansion of seven (7) additional slips and extension of existing marina into deeper water towards the AIWW. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands - Shaded (B) Non-Vegetated Wetlands - Open water 1144,,40406 sq. ft. orated (C) Other - High ground disturbance (D) Total Area Disturbed: (E) Primary Nursery Area: (F) Water Classification: 14,406 sq. ft. (0.33 acres) Yes ORW Open: No 8. PROJECT SUMMARY: The applicant proposes expansion and extension of an existing community marina within Myrtle Grove Sound. Southeast Harbor HOA, Page Two 9. PROJECT DESCRIPTION: The project site is located within the Southeast Harbor Subdivision, off Myrtle Grove Sound Road, adjacent to Myrtle Grove Sound and the AIWW, in New Hanover County. To locate the project site from Market Street (US Highway 17), travel south on College Road towards Monkey Junction. At the intersection of South College Road, Carolina Beach Road, and Piner Road turn left. Continue east on Piner Road, at the end of the road turn right onto Myrtle Grove Road. Continue on Myrtle Grove Road for approximately 2.1 miles to the Southeast Harbor Subdivision, which will be located on the left. Travel east until you reach English Landing Road that will be located on the right. Just before the end of the cul-de-sac will be a parking area within the common area of the subdivision that leads towards a 28-slip community marina. There is a common area located on the southern portion of the subdivision located within Lot 31 where the elevated access pier to the open water marina originates. The elevation of the highground averages approximately 5' above normal high water (NHW). Upland vegetation along the shoreline consists of lawn grass, live oak, and fronted with shrubs including: Marsh-elder (Iva frutescens), and Grounsel-bush (Baccharis halimifolia). This highground area along this side of Myrtle Grove Sound is bordered with a band of Coastal Wetlands consisting primarily of Saltmeadow Grass (Spartina patens) and Smooth Cordgrass (Spartina alterniflora) approximately 75' in width. Southeast Harbor Subdivision along with other residential properties in the project area lay within a cove of Myrtle Grove Sound. Along with the community marina, there are two residential properties along the shoreline of the subdivision, just north of the community marina with private docking facilities within this cove. The current owner of Lot 29 was recently issued State Permit No. 113-10 for modification and reconfiguration of their existing docking facility. Based on aerial photography, the docking facility located on Lot 30 appears to have been constructed in the early 1990's. There are also four privately owned docking facilities to the south of the Southeast Harbor Subdivision that also are within this cove. Located waterward of the existing docking facilities within this cove of Myrtle Grove Sound is a large sandbar that extends the length of the cove and is exposed at low tide. This sandbar is also visible on historical and current aerial photography. Also, through review of aerial photography, there also appears to be two natural secondary access channels within this cove of Myrtle Grove Sound. One appears on the western side of this sandbar, just waterward of the existing community marina, and the other appears to be located between this sandbar and the AIWW. Due to the tidal amplitude within this area of Myrtle Grove Sound being approximately 4.5', the existing docking facility structures periodically rest on the bottom at lower tides. The attached hydrographic survey indicates water depth at the existing docking facility is approximately -0.5' at mean low water (MLW). Located just to the north of the subdivision and this cove is a privately owned man-made gravel causeway at the end of Patalanda Road, which the shoreline of this causeway is stabilized with concrete rip-rap type material. The causeway leads to a private docking facility that extends towards the AIWW (See attached sheet dated May 17, 2011). The original developer for the Southeast Harbor Subdivision received CAMA General Permit No. 6724-D on September 13, 1990 for an access pier, fixed platform and five mooring pilings to accommodate four vessels for the new community. The water depth at the waterward location of this proposed facility was indicated as -2.0' at MLW on this permit. After construction of what was authorized under this permit, the original developer obtained State Permit No. 46-91 on March 27, 1991 to expand this facility to a 28-slip community marina to its current configuration that consisted of the original facility along with a system of floating docks, floating finger piers and mooring pilings that created a "U" shaped configuration. Permit condition No. 9 under State Permit No. 46-91 states: "In keeping with the permittee's correspondence dated 2114191, lots 26, 27 and 28, as shown on the registered plat for Southeast Harbor, are hereby restricted from having access piers either individually or collectively constructed thereon for the life of this permitted project". Permit condition No. 9 under State Permit No. 46-91 states: "No boats shall be allowed which are more that twenty-one (21) feet in length; and no boats with toilet facilities or heads of any type are allowed". The waterward end of the existing marina facility currently extends approximately 405' into a waterbody that measures approximately 1,237' to 1,443' across (See attached sheet dated May 17, 2011). Southeast Harbor HOA, Page Three The marina was authorized and built prior to 1998 when the pier length rules allowed structures to extend 1/3 width of the distance of the adjacent waterbody. A One-Stop scoping meeting for the project was held on December 8, 2010 at the Wilmington Regional Office (WiRO) at the request of the acting agent for Southeast Harbor HOA. At the meeting, the agent along with a representative of the HOA submitted plans at the meeting, which proposed excavation within the area of the existing marina to the previous water depth of -2.0' at MLW indicated in the State Permit No. 46-91 application, aforementioned. The request also proposed the expansion of the existing marina from the authorized 28-slips to 35-slips with the associated floating docks. During the meeting, it was determined that the dredging component of the project was deemed as new dredging within a PNA and concerns were addressed by some of the resource agencies in attendance in regards to the potential impacts to the PNA. It was also determined by a representative with the NC Division of Water Quality (DWQ) at this meeting that the project was inconsistent to NC DWQ standards for SA-ORW specified in 15A NCAC 02B.0225(e)(8)(D) for the expansion of the existing community marina. The Wilmington-New Hanover County Land Use Plan classifies the area as Conservation. The waters of the AIWW in the vicinity of the project site are classified as Outstanding Resource Waters (ORW) 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 is CLOSED to the taking of shellfish. PROPOSED PROJECT: The applicant proposes expansion and extension of an existing community marina within Myrtle Grove Sound. The application states that the existing floating docks and mooring piling system would be removed. A new access pier would extend from the existing covered platform towards the AIWW a distance of approximately 672' in length by 6' in width. The proposed access pier would span over these secondary access channels that are located adjacent to the sandbar area and the AIWW, aforementioned. The application states that the portion of the proposed access pier within the area of the channel located between the sandbar and the AIWW would maintain a 12'-16' horizontal clearance and a 6' vertical clearance above the mean high water (MHW) boundary. The pier would terminate to another roof covered platform, measuring approximately 16' in length by 30' in width. The pier would continue through the covered platform a distance of approximately 15' and then terminate onto a fixed access pier, measuring approximately 479' in length by 6' in width that would run parallel to the AIWW. Eighteen finger piers, each measuring approximately 20' in length by 3' in width would extend from this pier towards the AIWW. These finger piers would be spaced approximately 25' apart to allow for the installation of 35 boatlifts, each measuring approximately 12' in length by 12' in width. The applicant also proposes to install a new floating dock, measuring approximately 16' in length by 20' in width that would be located on the northern side of the new access pier, just waterward of the existing covered platform. Based on the limited water depth within this location (-0.5' at MLW), the application states the floating dock would be designed to remain fixed at 12" above the substrate to prevent the dock from resting on the substrate. The application also states that this proposed dock would be for kayak access only. As proposed, the docking facility would extend approximately 1,000' into a waterbody that measures approximately between 1,237' and 1,443' across according to the provided survey. The proposed location would extend to the landward side of the USACE AIWW 80' setback requirement. The water depth at the waterward end of the structure is shown to fall between the -1.0' and -3.0' contour line relative to MLW (See attached sheet dated May 17, 2011). The applicant also proposes to have the portion of permit condition No. 9 under CAMA Major Development Permit No. 46-91 removed that addresses: No boats shall be allowed which are more that twenty-one (21) feet in length. The applicant proposes to continue to enforce compliance with the portion of this condition that addresses that no boats with toilet facilities or heads of any type are allowed. Southeast Harbor HOA, Page Four 10. ANTICIPATED IMPACTS Applying the 27 sq. ft. rule, the calculations for the proposed docking facility would incorporate approximately 10,860 sq. ft. of Public Trust Area and Estuarine Waters. The entire facility, including the existing and proposed pier access (whose areas are specifically excluded from the 27 sq. ft. calculation), would incorporate a total area of approximately 14,406 sq. ft. of Public Trust Area and Estuarine Waters. The proposed new configuration would extend approximately 1,000' from the edge of marsh, which measures approximately between 1,237' and 1,443' across from marsh to marsh. This distance would locate the docking facility at approximately 3/4 the width of the waterbody. As proposed, the proposed structures would not encroach into the USACE AIWW 80' setback requirement. As proposed, the new configuration would be within the riparian area of Lots 28-31; however, some of these property owners have given authorization to allow for the expansion within their area of access. Further, as proposed the facility would not extend into either 15' riparian setback outside the riparian corridor boundaries outside the subdivision. Based on review of available aerial photography from 1970 to 2010 aerial photography, there appears to be natural secondary access channels within this cove of Myrtle Grove Sound. The application states that the portion of the proposed access pier would span over the secondary access channel that is located adjacent to the sandbar area and the AIWW by spanning a 12'-16' horizontal clearance and a 6' vertical clearance above the mean high water (MHW) boundary; however, the proposed extension of this community marina docking facility would potentially impede the traditional navigation within the secondary channel located on the western side of the sandbar and this entire cove within Myrtle Grove Sound. There is also potential for the proposed floating dock to be used for mooring of additional vessels within an area of --0.5' at MLW; however, the application states that the structure is intended for kayak use only. Due to shallow water depths on the landward edge of the proposed docking facility, there is of some concern, to the potential of shoaling to occur at this site. Further siltation could feasibly result in the reduction of water depth within these proposed slips. As the applicant is aware, and as stated on the original State Permit No. 46-91 issued for the existing facility, dredging is not permittable undercurrent rules, as this site is located within a PNA. Submitted by: Robb L. Mairs Date: 06/09/2011 Office: Wilmington s n FOR REGISTRATION REGISTER OF DEEDS REBECCA T. CHRISTIAN NEW HANOVER COUNTY, NC 2004 MAY 10 04:16:40 PM BK:4314 PG:827.832 FEE326.00 IMF 120NM594 ?...?r...,*+?T ?n?ra?nrrrw rL•1?TT 14n1%TV" QiwTi T Document Title(s) (or transaction contained therein): 1. Boat Slip License Grantor/Trustor/Mortgagor(s) (Last name first, then first name and initials) 1. Southeast Harbor, Inc 2. 3. 4. 5 Additional names on page of document. GranteelBeneficiary/Mortgagee(s) 1. Loren D. Hunt Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Legal Description is contained in the document. Assessor's Property Tax Parcel/Account Number(s) 1. Prepared by and Return to: Fuss & Fairley PREPAY?CD BY & RETURN TO. FUSS & FAIRLEY 810-256-8252 LICENSEE COPY SOUTHEAST HARBOR BOAT SLIP LICENSE STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER LICENSE NO.--49- BOAT SLIP NO.--7--AGREEMENT made the 28th day of January 2004_, between Southeast Harbor, Inc., a North Carolina Corporation with an address of. c/o Adger Wilson, PO Box 7509, Wilmington, NC 28406, hereinafter referred to as "Licensor" and Lo ram . /4v..it with an address of Z Z 8?? r -• -VL hereinafter referred to as "Licensee". WHEREAS Licensor is the developer of a water front subdivision located in New Hanover County, North Carolina, known as Southeast Harbor, and WHEREAS Licensor has or will construct a pier and gazebo with twenty-nine (29) boat slips, and WHEREAS Licensee has requested that Licensor grant Licensee a License to use one of said boat slips, and WHEREAS Licensor has so agreed, NOW THEREFORE, in consideration of $10.00 and other good and valuable consideration paid by the Licensee to the Licensor and of the mutual covenants hereafter set forth, Licensor and Licensee do hereby respectively grant, covenant, and agree as follows: 1. GRANT OF LICENSE: Licensor grants to Licensee an exclusive license to use boat slip # -7- as shown on the attached Exhibit "A" . This License shall be perpetual and irrevocable for so long as the Licensee complies with all of the Covenants, Conditions, Restrictions, Rules and Regulations of Southeast Harbor. 2. This License is and shall remain subject to all of the Covenants, Conditions, Restrictions, Rules, and Regulations of Southeast Harbor Subdivision as existing and as adopted from time to time by the Homeowner's Association. 3. The Licensee is the owner of Lot # -33- of Southeast Harbor as the same is shown on Map Book 28 at Page 66 of the New Hanover County Registry. This License shall be appurtenant to Lot # -33- and will be transferred in conjunction with the sale of Lot # -33- or to some other Lot owner of a Lot in Southeast Harbor to become appurtenant to that new Lot. i?Mrti RETURN 10: FUSS i FAIRLEY 910-256-8252 PM Two ?pu t.b4 0% ti .a /1 7A % ti 'ot t M * '?•: 113a 1.'0,0 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SOUTHEAST HARBOR, INC. By: President (Seal) Licensee: (Seal) Licensee: I, IA.,, ^ • V. jam. , a Notary Public of the County and State aforesaid, certify that ea- w : A o? , personally appeared before me this day and acknowledged that -he is President of SOUIT-IEAST HARBOR, INC., a North Carolina Corporation and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, and sealed with its corporate seal. 200Y. Witness my hand and official stamp or seal, this the Z a day of 4-1 ' `soil 11 r ilt? j?/ M. OT, irs Notary Pan- ?,k; • : MY Commission Expires . PU"7?o; Z ??y = Z. ?? : *; (Seal) ~ `• rrrrutti+. 4. This License is granted subject to the following conditions: (a) No boat greater than 21 feet in length may be permitted in the boat slip; (b) No on board heads or toilets shall be permitted on boats utilizing the boat slip, nor shall any sewage, whether treated or untreated, be discharged from any such boat; (c) No boat shall be utilized as a house boat for live-aboard or over-night use. 5. The Agreement may not be changed orally by either party. IN WITNESS WHEREOF, The Licensor has caused this License to be in its corporate name by its duly authorized President and the Licensees have to set their hands and seals on the day and year first above written. Page Three STATE OFJLCQk?L,,?t r o COUNTY OFV4b?_ ? L , a Notary Public in and for said County and State, do hereby certify that personally appeared before me this day and acknowledged the due execiWon of the foregoing instrument. Witness my hand and notarial seal, this O ' day of mUCh , 200A. w ' E My Commission Expires Notary Public w...... .,? (Seal) • 2; O 1 /? jv :a d •x t r' i M^W A, S? STATE OF COUNTY OF I, , a Notary Public in and for said County and State, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this day of , 200, W Commission Expires Notary Public (Seal) EXHIBIT "A" PIE12, (;AZE110, & BOATSI.EPS X1, SOUTHEAST HARBOR 8 LOAD ! LW&DAD ONLY 0 20 . 21 0 22 23 24 25 a 7 . 6 5 s 4 3 2 1 El RECT APR 0 6 2 011 April 5, 2011 Mr. Robb Mairs NC DENR/CAMA 127 Cardinal Drive Wilmington, NC 28405 Re: Southeast Harbor Robb, As we have discussed previously, the Southeast Harbor Community is proposing to modify their existing community pier. The proposed modifications include an expansion of the existing fixed walkway and new fixed "T", an increase in the number of slips, an enlargement of the permitted boat length, an increase in the size of the existing covered platform, the addition of boat lifts, and the addition of a floating kayak platform. This modification to the facility will allow safe navigation to the AIWW. The original facility was constructed under CAMA Major Permit #46-91. At the time the permit was issued and on much of the supporting documentation, it was noted that the depth at the facility was -2MLW. Over time, however, this area has seen an accretion of sediment and sand which has made access problematic. In 1989, Fritz Rohde with the NC Division of Marine Fisheries stated the following: 1. "However, because there is some evidence that this project can be considered as maintenance, the DMF approves of the project with the following conditions: a. All work shall take place during October-March to minimize impacts on estuarine nursery function. b. Channel and basin depth shall not exceed four (4) feet mean low water, with no overdredging. This depth is quite adequate for boats not exceeding 21 feet in length. c. Channel width shall not exceed 30 feet. This width is adequate for boats of the size stated in the application. d. The length of the channel will be reduced from the proposed 600 feet to the minimum length required to reach the four-foot depth contour near the channel of the Atlantic Intracoastal Waterway." PO Box 1646 Wrightsville Beach, NC 28480 (c) 910.264.9977 (1 910,792.0942 NC License # 62058 In addition there was a reference to the proposed dredging at the time by letter from the US Army Corps of Engineers with their file number CESAW-C089-N-065-0257. Again, this supports the notion that dredging would have been allowed in this area. It is my opinion that dredging to a depth of -2MLW would be adequate to service the boats that are currently moored and the boats that will be moored at the Southeast Harbor facility. The dredging and future maintenance of an access channel will have the least impact on the resource and will mitigate any other problems associated with accessing the facility in its current state. However, at the One Stop Scoping Meeting on December 8, 2010 it was obvious that there was strong opposition to the dredging proposal. Therefore, the applicant is now proposing to add a 6' x 672' fixed walkway extension to the existing fixed walkway. The current floating dock facility will be removed and replaced with a new structure that measures 6' x 480' with (18) 3' x 20' finger piers. Each of the proposed (35) slips will include a 12' x 12' boat lift to prevent damage to moored boats due to the proximity of the facility to the AIWW. A 16' x 30' covered platform is proposed adjacent to the new "T" structure. There are currently (28) slips authorized at this boating facility. Using the 25% increase rule, there could potentially be an additional (7) slips requested. When the permit was originally issued, "Operation Condition #9" prohibited any vessel longer than 21 feet from mooring at the facility. Over time, boats have generally gotten larger without significant increase in draft requirements. The applicant proposes to remove the maximum length condition while continuing to enforce the "No Head" condition. A 20' x 16' "hybrid" floating kayak launch is also being proposed to allow easy access to the surrounding resource for the growing number of kayakers. Again, it is the intent of the applicant to mitigate any future problems by extending the facility from the now functionally obsolete structure. The original permit and field reports note a depth of -2'MLW. It is obvious from the recent hydrographic survey that this depth no longer exists. Safe access to the adjacent AIWW will greatly enhance the functionality of this facility. The addition of slips, extension of boat length, extension of fixed walkway and reconfigured floating dock will improve the safety of this facility for the community. This proposed modification will also prevent the continued problem with boat and floating docks resting on the substrate at low tide. Many of these low water issues have likely arisen due to the existing groin that was installed by Ricky PO Box 1646 Wrightsville Beach, NC 28480 (c) 910.264.9977 (f) 910.792.0942 NC License # 62058 Williams to the north of the proposed :Project. The existence of this groin has caused an increase in sedimentation over time and continues to contribute to the issues in this unique cove. Aerial photos over time suggest that the increase in size of the groin to the north over time is plaguing the ability of the applicant to use the facility for its intended use. I look forward to working with you through this process. Please let me know if you have any additional questions. Regards, Jim Hundley PO Box 1646 Wrightsville Beach, NC 28480 (c) 910.264.9977 (f) 910.792.0942 NC License # 62058 20110563 so W-1 APPLICATION for Mayor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Southeast Harbor Hoa Project Name (if applicable) Southeast Harbor Pier Reconstruction Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 15122 PO Box City Wilmington State NC ZIP 28408 Country USA Phone No. 910 - 200 - 4245 ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2, Agent/Contractor Information Business Name Waterline Marine Construction And Consulting Agent/ Contractor 1: First Name Ml Last Name Jim D Hundley Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 1646 Wrightsville Beach NC ZIP Phone No. 1 Phone No. 2 28480 910 -264 - 9977 ext. - - ext. FAX No. Contractor # 866 850 0982 62058 Street Address ff different from above) City State ZIP Email jhundley@waterlinemarineconstruction.com <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. # New Hanover 7115 English Landing Road Subdivision Name City State Zip Southeast Harbor Wilmington NC 28409- Phone No. Lot No. (s) (if many, attach additional page with list) 910 - 200 - 4245 ext. , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project AIWW 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 AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 410.8' 116,741 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5' ®NHW or ?NWL e. Vegetation on tract Residential Landscaping f. Man-made features and uses now on tract Existing pier facility g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Private septic systems o. Describe existing drinking water supply source. CFPUA p. Describe existing storm water management or treatment systems. Surface runoff 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?PublictGovernment ®PrivateiCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose is to provide safe access the AIWW for the residents of the community. The current facility is functionally obsolete due to shoaling created in part by a neighboring ' jetty" that has been augmented over the years. The existing slips are not functional as the boats and floating dock facility sit on the substrate much of the time. 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. Typical marine construction methodology will be employed and will included a small barge and other skiffs. d. List all development activities you propose. The applicant proposes to elimate the existing floating dock facility and extend the fixed walkway to a new fixed dock access structure with boat lifts located adjacent to the AIWW rather than in the cove where it will continue to be inhibited by low water. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? ^6,000 ®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. Surface runoff 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 ?No ®NA j. Is there any mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addidonallnformadon 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) - (i) 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 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. 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 Ricky Williams Phone No. Address 302 Patalanda Rd., Wilmington, NC 28409 Name Michael Lewis Phone No. Address 1652 Sandbar Ln., Wilmington, NC 28409 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. MP 46-91 (Adger Wilson) GP 6724-D (Southeast Harbor) 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. 113A 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. 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 _4/5/11 Print Name Signature Jim H dl y r i 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 ®DCM 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 FACILITYIMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ?Public/Government OPrivate/Community []This section not applicable b. (i) Will the facility be open to the general public? ?Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number 3 (iii) Length 672 (fixed), 480 (fixed 'T1,20' kayak (iv) Width 6.6,16' kayak (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes []No If yes: (ii) Number 1 (iii) Length 16 (iv) Width 30 (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 7 for a total of 35 (ii) Number of slips existing 28 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: 25' d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ?No 18 20 3 ?Yes NNo f. (i) Are Boatlifts included? ®Yes ?No If yes: (ii) Number 35 (iii) Length 12 (iv) Width 12 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: 35 ? 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). Open runaboutiskiffs 1. (i) Will the facility be open to the general public? ?Yes ONo m. (i) Will the facility have tie pilings? ?Yes ®No (ii) If yes number of tie pilings? 2. DOCKING FACILITYWARINA OPERATIONS ?This 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. Closed head facility c. Describe the disposal of solid waste, fish offal and trash. Taken off site d. How will overboard discharge of sewage from boats be controlled? None allowed e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Minimum of 4 located on floating dock pilings (ii) Give the location and number of "Pumpout Available" signs proposed. None proposed f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. None allowed g. Where will residue from vessel maintenance be disposed of? None allowed h. Give the number of channel markers and "No Wake" signs proposed. NA i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live-aboard dockage? None allowed k. Describe design measures that promote boat basin flushing? NA 1. If this project is an expansion of an existing marina, what types of services are currently provided? It is the expansion of a current community facility that does not currently provide and is not proposing services. m. Is the marina/docking facility proposed within a primary or secondary nursery area? OYes ?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. 3. BOATHOUSE (including covered lifts) ®This 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.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®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.) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 95' to southern, 85' to northern NA Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1,340' (average of 1,237' and 1,443' as shown on survey) d. Water depth at waterward end of structure at NLW or NWL -1.96 to -4.10 NLW e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) if yes, explain what type and how they will be implemented. 8. OTHER ?This section not applicable a. Give complete description: The applicant proposes to extend the existing fixed pier by approximately 672' to connect to a 'T' head that measures 6'x 480' and (18) Tx 25' finger piers. Each of the proposed (35) boat slips will include a 12'x 12' boat lift. The current facility can accommodate a total of (28) boats. In addition, the applicant proposes to install a 20'x 16' floating dock to accommodate kayaks. This dock will be built with timber stops to prevent the dock from resting on the substrate at low tide and will float at high tide. It will exclusively service kayaks, canoes or other human powered boats. 4/5/11 Date Southeast Harbor Pier Reconstruction Project Name Jim Hundley Applicantn' e Applicant gna ure 2 3 ~ ~ Y U T N011=S LEGEND HYDROGRAPHiC SURVEY DOCK LA 0 1 ( 1 ! LOCATION AP ~ ~ rr r ~ i. AREA COMPUTED BY COORDINATE METHOD E.I.P. = EXISTING IRON PIPE i 1 1 ~ ~ E ~ l t;; / - 1 1 1 (NOT TO SCALE ) d, ~ ~ . E.t. - EXISANG IRON + _ ~ ~ ~ ~ ~ ~ ~ f / 2. ALL DISTANCES ARE HORIZONTAL r; ~ ~ ~ ~ ~ ~ ~ a~? E.C.M. = EXISTING CONCRETE MONUMENT 1 1 1 (MPUMENT 1 1 1 3. FOR REFERENCE SEE AS NOTED R\W = RIGHT OF WAY ! 1 ! / C.P. = COMPUTED POINT l ! 1 MYRTLE GROVE TOWNSHIP 4. SURVEYED JUNE 2009 1 ! / ~ N NEW HANOVER COUNTY 5. ALL BEARINGS ARE NC GRID NAD 83(03) o a NORTH CAROLENA J i 6. ALt ELEVATIONS ARE BASED ON MEAN LOW WATER = 0 I 1 I ~ o ~ u~NC~ ioN ~ / EXISTING N.C. GRID MONUMENT 1 1 ! z ~ z ~ R®ER ~ • ~ ~ - N=130,842.6198 ~ I i 1 ~ DATE. MAY 7 7, 2O1 ~ 7. TYPICAL DETAILS SHOWN ON THIS DRAWING ARE FOR ILLUSTRATIVE E=2,339,480.6004 PURPOSES ONLY. l I I ~ sI1F RICKY WILLIAMS 1 l 1 1 ~ sauTHEAs r - 2328-128 " - . - l ! 1 HAReoR - L1p _ (EX1Si1NG GROIN SCALED FROM 1 1 r ! 1 ® NEW HANOVER COUNTY GIS} 1 ( ( ( / y ~y ° 1 r ( 1 / ! ! 1 I v9 y y ~ ~ ® ~ 1 1 ( r 1 / z/ l I ! 1 I 1 I 1 ~ - / HIGH WATER LINE ° y y Xa~9.. ~ ° S 25• _ 1.73 • 3S l I ! 1 a`. / XL38 ~1 03g• LOW WATER TRACT D ° y ~ y ` • 0.0' 1 ! 1 ~ ~ L5 / MB 29 PG 153 X 1.84 Xa~ 1 1 l SOUTHEAST HARBOR HOA ~ v~ y y 6 GRASS LINE X 1,84 X o.41 ° 1 1568-1634 < • ~Y y X 0.88 1.53 ° \ h a X Xo 3~ \ v y X0.39 Xt.t6 ~Q=0.50 • ! ! ! 1 I ~ \ ~ ° + I ~ y X 1.25 X 0.85 ~'=0.98 • I ~ 1 1 I 1 L LIF? \ L® \ ° 1 1 r r ! 1 LOT 28 y y y Xt.oo Xo.os X_y~ I I - 2640-599 - - - - - - - X 072 X t.oo X-o.4t ~ rs4 ~ 1 ! 1 NANCY MANOCK ~ y y y X1.81 ~ X0.08 X0.92 X-a81 ~ ~ t ( i 1 1 ~ - ® ( -3.4 1 d° l1 !1 1 i L _ "J `t' y y X0.26 -3.4 X0,54 X-1.39 9 -1.68 V . , ~ y y y 1.37 0.52 _ ® -1 sa\ . R=2.59 ( smock ( 1 ~ ~ DETAlL V X Xo. X 205 , 1 1 1 .l gp, ! ! ~ SCALE 1"=2O' _ y y y Xos4 X011 X-os2 _ _ - Xo,26 Xo.ts X-t.t7 1 • PIER y y a' X-t.84~ • - 1 ~ 73.37 -6.34 • ( ~ N~~~ 1 gpo ! ~ y LOT 29 ~ _ ~ X-o.45 Xo.14 X-1.43 ~ _1,ys ~ (TAKEN FROM y y y y j' I -1.99 ~ X ~ ! 1 smock 1 CRASS I.PNE y ERIC LEO X 0. 2 - L, ~ 0, X -0.15 ~ 4213-47 ~ PHOTO) y y y X-1.87 X. ! X-ZOa 1 90 1X_4.62 ( 1 y ~ Xo.3o X-o.s2 X-a3s ~ P ~ ~ X-246 ~ X-2.21 5/ X-3.Za l 1 ~ ~ ~ v y y Xo.4s X-o.s4 X-o.as ~ ~ X-a.33j l • -lssi 1 1 X-7.21 1 ~ y y X 05 X-0.69 X-1.33 ~(-2.81 _ - 0.35 - I -2.81 3 1 X-s.7a ( X-r2.1a y SPOIL ISLAND v ~V yr X X 0.83 X-a 36 X-7.74 ~ ~ X-Zt X -215 3 1 1 / w AIw-U-0267 ~ X o.os `e; y ~y X-0.76 X-0.45 X-2.f2 ' -2.15 X-5.06 1 X-i.i6 \ \~a y X0.13 X-O.6fi X-0.71 X-2831 X 31 ~ 11 X -7.a2 !1 1 X -a.6o 73.72 1 ( X -6.24 1 ~ LOT 30 \ - X0.05 -0.34 X-0.90 X-1.14 1 • ~-2.26 6 9 8g X-6.77 ( 1 X 74.46 ~ GEORGE HUFFMON ~ „ y - - - v -J 0.85 5218-1336 0 0 0 0 X X-1.59 ~ X-2A5 X -2A5 -2.37 ~ 1 ~1 ( ~1 X -1.49 ~ y D9 ° r X o 4 x-052 X-t.9o ~ 5 y y X-0.57 X-0.75 X I 1 ( 1 X-a75 PROPOSED _0.64 X-tso X o.77 EXTEND FIXED PIER ~ 1 8-(1.53 I 1 X -s.49 1 °y y FLOATING P<AYAP~o,46 X x-1.08 -1.77 fi 1 - - - - - - - - y X o.01 DOCK 16'X20° X x-1.oo X-t.5s • -3.1 X-too ~ X-6.72 1 1 X-I2.7o ~ MNW = 3.131 -a 52 " I o.oo ~ 1 N 00°19 57 E y y X X-a42 X- X-Zoo 1 1 X-5.5a ( I X-1.Za ¢ ~ -2.22 108.64 0.14 - 1 ® X EXISTING X o.52 A X-o.72 -0.64 1 y • ~ X 3.42 I! x-7s711 11 X-o.5o 4 1 1 X -6.90 X Q24 Vi di ~ LDT 31 X2.43 GAZEBO X-o.96 -09 y EXISTING 16'X30 0.31 478,$ LA1F LOFGREN X o ~ ) - .00 X -1.26 ~~4 • 3.6 -2.00 X-s.a5 1 1 X-(3.55 y ~ ~ 1471-258 ti ® TO REMAIN - '68 -215 -Z.oo 1 ~ 3 NAVD 86 = 2.96 -215 1 ! J X -7.54 ! X-0.92 N 88`40°52" E y X0.99 208 -0.53 X-1.36 ~ ° 39.46 ~ 1 ^ 1 X-4.701 ( ~ ~ 1 x-o.42 y a °o y y X46° X-0.76 X-1.181 ~ 1.6a 1 1 X-s.2s ( Xo.oo ~ E.I. 9.74 X -0.83 X -0.9! ~ ° ~-0.60 - _ _ _ ~ . 4 Xo.so RENTOVE x-7.29 I ~ 1 X -5.74 1 1 X 1.86 ~ 2 ~ •1.93 ( X -4.44 1 1 X -0.88 d~ Q X 3,39 X-0.34 0 0 (EXISTNG DOCK STURCTURESX-oas X-t.ss X X2.o7 0 0 0 X-o.5z INCLUDING MOORING PILINGS • FfXED PPER / WILL BE REMOVED) X -1.77 ~ N -2.2s 'D PPERX 9, 1 1 X-5.as 11 ! X-o.2s ~ ~ -2.2s 73.39 1 1 X-3.79 1 X ao4 ~ ~ ° ~ ~ ~ X t.27 I X-0.73 X-0,94 ~ y -0.57 ~ ~ J~ 1 X-6.21 1 X-'32® ~ ~ ~ p `y X ° 11 XD.62 X-1.35 X-1.32 ° ! 1 X-1.53 0.30 X X-0.47 -0.70 X-0.99 X-1.58 l a I 1 1 X-7.98 1 ( X-0.86 ~ ~ z N 00'16'06" E y y • ~ ~ 1 X 39.87 o.1a X ~ , ~ X X-o,5s 1 -236 l y y - X a.59 ~ BOAT LIFTS -p 3a '`3 1 ( X -8.98 ( X -0.51 Q33 X • ~ ~ ` X-0.93 X-0.95 ~ ~-0.56 .~FTd7 ~ 1.96 ! 1 X-4.56 ~Y vi MLW = 0.00 X -0.17 0 ( X-s.o7 1 ( X72.47 ~ ~ 'y y -O.Ot -0.47 ~ _ ~ MICHAEL LE4N5 ' X ~ ` X 0.82 X-1.26 I X_1,45 4948-1680 y y -0.45 X • -0.89 ` ~ ~ 1 -2.38 S' ~ • ` 1 X-0.26 X-1.51 -2.3s 10 1 $p' 1 X-za9 I J X-1.39 X 1 X-7.251 1 X-o.2s y LOW WATER S3 , ~ °X-z.3 X ao' S¢ra E X • -047 X-as1 X-1sa 1 7a.ea 1 1 x-7.1a 1 y ~ 1 813 -0.47` 1 .y y .00 X X -0.97 X -1.15 8 ~ 1 X -6.97 11 ~ X-13.48 ~ HIGH WATER LINE ~ ~ ~ y y X • -a1D \ ` X-1.30 ' -200 / ~ X -2.04 4 1 1 X -5.17 ! 1 X -l.64 ~ y X -0.94 -1.89 ' y y X 1 X 6 X s! 1 X-8.641 1 X-1.45 y' y y x ~ ~ X-7.261 LINE BEARING DISTANCE ~ I S GRASS LINE , " ° X -0.73 ~ ~ -L73 X -8.86 1 W ~ ~ 74.tP X_7.23 1! 11 X72.85 y L1 N 205848E 35.42 ~ o ~ 4 L2 N 2305'36" E 124.96 ° -0.15 ~ ~ A ; -2.12 1 y y i " ° X ° A~ X- 1 X L3 N 25334 E 53.15 !1 1 1 X -6.44 1 ~ 3 1 1 X-1.78 ~ L4 N 43'30'17" E 48.53° X ~ X ? `'i `y " , X • . _ ` -2.32 4.tG ? ! X -9.23 1 1 ! L5 N 2401.18"E 21,6f~ ° ~ ' ` y y y L6 S 6304 32 E 6.03 y -1.03 X -t. • ~ ry ~ ~ ~ ' 14.10 X_7.59 1 1 X-5.76 ! i6' L7 S 2638'26" E 21.47 ~ ~ ~ ! 1 1 X -x4.67 RAIL y y y L8 N 3134'32" E 80.44' A X -2 ° J ® J X-7.68 ~ ! X-1.88 y y L9 N 410D'45" E 67.D8° Vt ~V • 1 gp 1 X-9.451 1 L10 N 75923" E 50,59' ° y y y ~ =2 X-12. X~2 ! 1 X-6.65 ! ' ~ y y y y ° J X 3.as I X 7 \ y 1 -7.97 1 OECK 1 ! X-7.4i y y w ~ 1 I x-8.11 1 ~y y ,i, y " 1 ! 1 X-5.75 t6' 1 y 6-0 RAIL RAIL 1 1 1 i®I 1 ! ! MAINTAIN 12'-16' HORIZONTAL CLEAR - 1 1 1 a 1 1 1 . ~ o DECK ~ I1 11 11 ~ ~ ~ DECK DECK 1 1 f -H19=+3_0-- ~ j ! 1 FLOATING DOCK Lw=+0.0 4"X 6" FIXED ~o I®i I®~ ~rs~. ® - 6' MIN. PENEiRAAON HW=+3.0 RA1L TYPICAL SECI~NDARY CHANNEL SECTiUN I~ELOw HARP ao>~oM ~ ~ NOT TO SCALE ~ LiR~+o.o LW=+ao LW=+o.o - - - -~r--- - - - BOTTOM VARIES t30TfOM VARIES BOTTOM VARIES MHW-+3.0 - - ---------MLW-0.0 ' -3.0 60' 30' 0 60° LAND SURVEYORS ENGINEERS LAND PLANNERS 6° MlN. PENEIRARON 6' MIN. PENETRAAOhi 6' MIN. PENETRATION !?FLOW HARD 90TfOM BELOW HARD BOTTOM BELOW HARD BOTTOM 1123 FLORAL PARKWAY wll hAINrTn~1 N r. aR4n.3 TYPICAL KAYAK DOCK TYPICAL PIER SECTION TYPICAL GAZEBO SECTION SCALE IN FEET : g PHONE: (910 343-8002 ACCESS PIER PROFILE A 60 1 FAX: (910 343-9941 NOT TO SCALE NOT TO SCALE NOT TO SCALE FT. FIRM CERT. C-0597 NOT TO SCALE 12166 LAYOUT 2011.JW ~~lv x"'" SR And p na e1V~1 P 14 a~tam K -7 14.l~'4g.)I -An R(~_^z9N^P~R 9APr~a r-