HomeMy WebLinkAbout20011208 Ver 1_CAMA Permit Application_20110818
A coiA
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
MEMORANDUM:
August 17, 2011
U R@f ow R__
ResouCC??NR-WATERUUALIT?
'FETCANDS AND STORMWATIN BRANCH
Dee Freeman
Secretary
TO: Cyndi Karoly, Supervisor
401 Oversight & Express Permits Unit
Division of Water Quality-Surface Water Protection
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: Tedder, David - (c/o: J. M. North, Agent)
Project Location: 438 Oceana Way, adjacent to a tidal creek and the AIWW/Myrtle
Grove Sound, in Carolina Beach, NC, New Hanover Co.
Proposed Project: Applicant proposes to install a boatlift to accommodate two (2)
additional vessels at an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 9, 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: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
;Vaturally
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: David Tedder
2. LOCATION OF PROJECT SITE: The project is located at 438 Oceana Way, adjacent to a tidal creek
and the Atlantic Intracoastal Waterway (AIWW)/Myrtle Grove Sound, in Carolina Beach, New Hanover
County.
Photo Index- 2006: 21-7379, S-16 2000: 21-259, S-16 1995:21-241,R-18
State Plane Coordinates - X: 2337218 Y: 115085 GPS - 0-081511A
Lat:34103'39.60741"N Long: 77°53'12.20126"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 8/15/2011
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received as Complete - 8/2/2011 (completed)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Town of Carolina Beach
Land Classification From LUP - Developed
(B) AEC(s) Involved: PT, EW
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal
Planned - None
7
8.
(F) Type of Structures:
Existing - Wooden bulkhead, private pier, gazebo, floating dock and single-pole boatlift
Planned - Additional boatlift
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands (Open water) 54 sq. ft.
(incorporated.)
(C) Other - Highground
(D) Total Area Disturbed: 54 sq. ft. (.001 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: YES
PROJECT SUMMARY: The applicant proposes to install a boatlift to accommodate two (2) additional
vessels at an existing docking facility.
9. PROJECT DESCRIPTION
The project site is located at 438 Oceana Way, adjacent to the AIWW/Myrtle Grove Sound and a tributary to
Myrtle Grove Sound, in Carolina Beach, New Hanover County. To get to the project site, take College Road
(Hwy 421) south from Wilmington into Carolina Beach. Turn left onto Carl Winner Drive, then left on Canal
Drive. Continue north on Canal Drive and turn left onto Georgia Avenue (Georgia Avenue becomes Marina
Street). Turn right onto Oceana Way (gated S/D so call the DCM prior to making a site visit to give you the
code) and continue until the road terminates into a cul-de-sac. The subject property will be located on the
north side of the cul-de-sac, adjacent to the undeveloped lot at 440 Oceana Way.
The subject property is approximately 0.17 acres and is currently developed with a two story single-family
residence. Vegetation on the site consists primarily of lawn grasses and ornamental landscaping and
averages approximately 8 feet above normal high water (NHW). The approximately 68 linear feet of
shoreline is currently stabilized with an existing wooden bulkhead. Waterward of the bulkhead is a narrow
band of common reed grass (Phragmites australis), which measures approximately 5 - 10 feet in width.
The vegetation transitions to an area of coastal wetlands consisting primarily of smooth cordgrass (Spartina
Alterniflora), measuring approximately 30 feet in width. The applicant maintains a private docking facility
that extends from the bulkhead towards the tributary that is located immediately north of the subject
property. The facility was authorized under CAMA General Permit No. 27433-D on September 13, 2000.
The existing fixed pier extends approximately 65 feet in length by 6 feet in width towards the tributary, which
terminates to an existing gazebo, measuring approximately 20 feet in length by 20 feet in width that is
located entirely over open water. An access ramp leads from the western side of the fixed pier onto a
floating dock, measuring approximately 10 feet in length by 5 feet in width that runs parallel to the fixed pier.
Located waterward of the floating dock and on the western side of the gazebo is an existing single-pole
boatlift that accommodates a smaller vessel. The existing docking facility currently accommodates up to
two (2) vessels. The adjacent property to the east currently maintains a single-family residence and a
private pier and platform located within the tributary.
The Carolina Beach Use Plan classifies the area in the vicinity of the project area, as Developed. The
waters in the vicinity of the project area are classified as SA by the N.C. Division of Water Quality. The N.C.
Division of Marine Fisheries designates the waters as a Primary Nursery Area (PNA) and they are OPEN to
the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to install a boatlift to accommodate two (2) additional vessels at an existing docking
facility. A new double-bunk boatlift, measuring 9 feet in length by 6 feet in width would be installed on the
eastern portion of the access pier opposite of the existing floating dock. According to the application, this
boatlift would provide dockage for two (2) smaller vessels such as personal water craftsf'Jet Skis".
According to the application, water depth in the vicinity of the boatlift would be approximately -1 feet to -0
feet, below the normal low water (NLW) contour.
10. ANTICIPATED IMPACTS
As proposed, the boatlift would incorporate and additional approximately 54 sq. ft. of public trust and
estuarine waters. Due to the limited amount of water, approximately 0 feet to -1.0 feet at NLW located on
this side of Myrtle Grove Sound as shown in the attached work plan, there will be potential for bottom
disturbance and displacement of the substrate "kicking" by vessel propellers to access the channel of this
tributary. The structure would not encroach into the 15 feet setback riparian corridor requirements. The
proposed structure would extend approximately 25' into a waterbody, which measures approximately 162
feet across. This distance would conform to the 1 /4 width rule. Minor turbidity increases may be expected
during the construction process.
Submitted by: Robb L. Mairs Date: 8/16/2011 Office: Wilmington
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North Carolina Department of Environment and Natural RosOUrces
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eeva?ly Ems Perdue James H. Gresew ecre tar' Doe F, 3vvernar ' ??
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carry that i have authorl wd the agent listed above to act on my behalf, forthe purpose or applYing
br and o'ptarnlnp ad LAMA permits r,eoeaaerY to install Cr construct the fallaw!r59 (?.?ivtgrl:
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ON MP4
APPLICATION for
MaJor Development Permit'
Gast revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
2. Agen tlCon tractor Information
Business Name
Agent/ Contractor 1: First Name
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Agent/ Contractor 2: First Name
5 u . io .-?
Mt Last Name h
/"Z /Jo , (
tilt Last Name
PO Box
Mailing Address
6 3 ? r,.??; ?YS? ? III
ZIP Phone No. 1
d 4 33 9/0 - a3 r - ?sI `i (exL
FAX No. Contractor #
city
Street Address (if different from above)
Email
<Form continues on back>
City State
cil
Phone No. 2
/c7 9.7 6 -G 3 S / ext.
Form DCM MP-1 (Page 2 of 4)
Major Development Permit,
3. Project Location
County (can be multiple) Street Address State Rd. #
Subdivision Name city ('(,j
oa l ec014 State
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-
Phone No. Lot No.(s) (if many, attach additional page with list)
336 -a I S -3535 ext. •
a. In which NC river basin is, the project located? b. Name of body of water nearest to?Jpro7T d project
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c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body [ the proposed project site. .
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?Natural Manmade ?Unknown ...
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e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
iY yes ?No work falls within.
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4. Site Description
a. Total length of shoreline on the tract (ft.)
r b. Size of entire tract (sq.ft_)
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c. Size of individual tot(s) d. Approximate elevation of tract above NHW (normal high water) or
1Y/ t (o -D
Ike NWL (normal water level) Q
,
(If many lot sizes, please attach additional page with a list)
WHW or ?NWL
e. Vegetation on tract / i
?QNr?SCU?PU' 0'/
f. Man-made features and uses now on tract
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g. Identify and describe the existing land uses adjacent to the proposed project site.
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h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable),
I'e5, afl,t f c? *es ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ?"lNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ONo ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ?No A
National Register listed or eligible property?
<Form continues on next page>
Form DCM MP-1 (Page 3 of 4)
Mr"r L-9{10-%I "IN Iut
Major Development Permit
m. (i) Are there wetlands on the site? Oyes ONo
(ii) Are there coastaf wetlands on the site? M! es ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes Oko
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
sc(r?Qce PuNo??
o. Describe existing drinking water supply source.
NY (IJ
p. Describe existing storm water management or treatment systems.
5. Activities and Impacts
a. Will the project be for commercial, public, or private se? ?Commercial ?Public/Government
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b. Give a brief description of purpose, use, and daily operations of the project when complete. r
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c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and wher((e?? it is to bCe,swred- too Is y d-
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d. List all development activities ypu propose.
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e. Are the proposed activities/(naintteenance of an existing ?ect, new work, or both?
)
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f. What is the approximate total disturbed land area resulting from the proposed project? ?Sq.Ft or ?Acres
?A
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes tqo ?NA
that the public has established use of7
h. Describe location and type of existing and proposed discharges to waters of the state.
c '--Ca c c- ! v /J a J
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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 o ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
t-orm uum wtr- i lrayc -. - ?r
Major Uevetopment. rtnimi,
6. Additional Information
In addition to this completed application for
package to be complete. Items (a) - (f) an
instruction booklet on how to property prep
a. A project narrative.
b. An accurate, dated work plat (including
proposed project. Is any portion alread
between work completed and proposed
c. A site or location map that is sufficientl!
d_ A copy of the deed (with state applicati,
e. The appropriate application fee. Ched
f. A list of the names and complete addre
owners have received a copy of the ap
which to submit comments on the proF
Name (o by ?4a f I-
Address 3 g 15 3 ?', r T,
Name e b?'J PC) lop
Address ?O 3olz
Name
Address
g_ A list of previous state or federal perr
413 - aN?
l
h Signed consultant or agent authoriza
i. VVetland delineation, if necessary.
j. A signed AEC hazard notice for prop
k. A statement of compliance with the I
of public funds or use of public lands
n; (MP-1) the following items below, if applicable, must be submitted in order for the application
always applicable to any major development application. Please consult the application
ire the required items below.
)Ian view and cross-sectional drawings) drawn t scale. Please give he present status d swings to d sitinguish
complete? If previously authorized work, clearly indicate on maps, plats,
detailed to guide agency personnel unfamiliar with the area to the site-
in only) or other instrument under which the applicant claims title to the affected properuea.
or money order made payable to DENR.
sses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
Acatiori and plats by certified mail. Such landowners must be advised that they have 30 days in
used project to the Division of Coastal Management.
Phone No.
G S (.-? 5 ecc?T(e, o ?n ? iY ? ?
Phone No.
Phone No.
,its issued for work on the project tract. Jnclude permit numbers. permitlee. and issuing dates.
er n i D? ) 5.0
ion form, if applicable.
cis in oceanfront and inlet areas. (Must be signed by property owner)
! attach a statement doicumenting compliance with the North Carolina the Enp olnmentall Policy Act. diture
7 r`?,?+:firntinn and Permission to Enter on Land -ihorl in the anolicatiot
I understand that any permit issued in response to this application will allow only the oeveiupill-i ---
The project will be subject to the conditions and restrictions contained in the permit.
nt permission to representatives of state and federal review agencies
I certify that l am authorized to grant, and do in fact gra to this permit application and follow-t
enter on the aforementioned lands in connection with evaluating information related
monitoring of the project.
I further certify that the information provided in this application is truthful to the best ofmy knowledge.
Print Name -I 1% Wt
Date
Signature
Please indicate application attachments pertaining to your proposed project.
?DCM tv1P-5 Bridges and Culverts
0DCM MP-2 Excavation and Fill Information
0 DCM MP-3 Upland Development
WCiNt MP-4 Structures Information
y 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 FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
?Commercial ?Public/Government ?Iprivate/Community
?This section not applicable
b. (i) Will the facility be open to the general public?
?Yes J?40o
c. (i) Dock(s) and/or pier(s)
(ii) Number
(iii) Length (a
r
(iv) Width
(v) Floating ?Yes ?No
e. (i) Are Platforms included? ?Yes ?No
If yes: -
(ii) Number
(iii) Length
(iv) Width
(v) Floating ?fyr s yTNO
Note_ Roofed areas are calculated from dripfine dimensions.
g. (i) Number of slips proposed
4
(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
)EF9pen water, no dredging required -
?Other, please describe:
r
k. Typical boat length: a C/
m. (i) Will the facility have tie pilings?
?Yes Ofdo
(ii) If yes number of tie pilings?
d. (i) Are Finger Piers included? ?Yes MCI
If yes:
(ii) Number
(if) Length
(iv) Width
(v) Floating ?Yes ?No
f. (i) Are Boatlifts included? 9'es ?No
If yes: / (,, ?
(L ?? f J
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?
?
(ii) Number (`
? ?
itc . C
2
(Or[v
(iii) Length Y
(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 l!
150ockage (-wet slips-) only, number of slips: Z
? 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).
rUN a 6"
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15
1. (i) Will the facility be open to the general public?
?Yes ORO
/ I '1 a .
Z DOCKING FACILITY/MARINA OPERATIONS f_ this section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project
? Office Toilets
0 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.
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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?
a- Jam/ "
-k. Describe design measures that promote boat basin flushing?
to /14
1. If this project is an expansion of an existing marina, what types of services re currently provided?
.
• m. Is the marinafdockfrig facUity prcpcsed vAFi!irt a a"Imar}t or 3=Way nursery area?
es {yd `l7 r
n. Is the Ma^lnaf Ifly proposed Wagn of adjacent to any shelifish harvesting area? ;
Yes rq
o. is tt78 mar[r Wldcddng facftfty Proposed 'Within or adjacent to coastal wetlands/marsh (CW). submerged aquatic vegetation ($AV), shell oc to
(S8? or othef wetlands :Wt)? K any boxes are checked, provide the number of square feet affected.
W _Q_ [JSAV ?59
t]W L _____ QNone
p. is the Proposed rr!arinaldocking facility ccated withrin or withir• close p:r,xirnihl ?0 arty snelffish Isases? ?Yes Vo
It yes. give the rame and address of the Ieaseh der!S). and give fI^P_ prJxir :y to the f°a5e.
3. BOATHOUSE (including covered lifts,'
a. it) is Me boatthoise structure(s):
?corrmerciat ?FLibl:clGarerrmer,t 0Private'C¢mrunity
(ii) Nurnter
(iii) Length
OV) Width
Note: Roofed arras are c.alculared f c;m ttnpliae ifimers?ors.
4, GROIN (e.g., ?,vwd, sheetpila, etc. If a rock groin, use i14P-2. E.rca'vat:or,' ar., d ; i!r )
a. ;i) Nur:ae-
(ii) Length
tiii) Width
section .not ap) ticab?e
5L'his section rct apF ica.le
E 5. BREAKWATER (e.g., wood sheetp.re, etc.) ;Ch;s section not app icabie
a• Length b. Average d,s,arrc from NHW, MV' or waifaods
c. Maximum distant:e beyond NHW. N%PJL or wetlands
6. MOORING PZINGS and BUOYS 'This section not app caYe
a. is the structure(s). b. Number
QCommercial OPublic'Government 0Private/Community
c• Distance to be pl,ced beyond shoreline d_ Cescrip'bon of buoy (color, inscription. size, anchor, etc.;
,Vote- This shout i be measured from marsh edge, if p.-esert
e. Arc of the swing
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7. GENERAL
a. Proximity of structure(s) to adjacent riparian property Ones b. Proximity of structure(s) to adjacent docking facilities.
y`()O r 3 oC
Note: For buoy or mooring piling, use an: of swing including length
of vessel.
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c. Width of water body d. Water depth atwaterward end of structure: at NLW or NWL
ISq'
e. (i) Will navigational aids be required as a result of the project?
?Yes 15dNo ?NA
(ii) If yes, explain what type and how they will be implemented.
8. OTHER _
?This section not applicabb
a. Give complete description:
Date
Project Name
Applicant Name
Applirr . .ature
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