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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 y, A? D ?C e " CQi1 f,. 2 S, N ! 1) r, 4 C e1 r I 7 e cr 5 u GN'' u o C?g e ter, e to 'f oa? a- I C `-Y U e i C e r e Wit- j c`-'l e Q0 Q/t , e- i tic s C-1 S ? C- Qt,, e? to c e ^j i T C i C'P _R HOC"' ?/? i ? ; . • . _ FROq J ' J j MMm o Nortk - CMC FAX NO. : 9102SMIM7 Feb. 02 X019 02: OePM PI North Carolina Department of Environment and Natural RosOUrces 'Jlv!s n of Cobtal Meregernent eeva?ly Ems Perdue James H. Gresew ecre tar' Doe F, 3vvernar ' ?? Qf EHT LOCREZAT QN, E MM_ ,21 Dft Isme of property Cmmor Applying for Permit Nam! ?,,A?rthorlaad I?oent for is a Prot . owner's Ada by Address; Agent's Holing Address: I Id n , 'hone NuMber Rhona Numkw(/01 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: :my property 1009M) at This CerMCltbrl is valid tnru (aste) t r +') } I/y lsraperty Owner Signature Be 477 C A 00* 6A. Mow. 4C 2MOS Plto?; 6!?F2tS?FAX; B1C-396?39fi, kaM'?r• ?'?+.r?ceeas?rt?e+ne++tnet idrxid 0pp_JAe*1AAm ae*mknsvvwx .I 61m VO/ Z6 3Jdd -IVIN3HN06IAN3 V7_MZ 5099TV83EE LZ :LI TIOZ/b0/Z9 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 (M 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 '_ Zp - 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 Q C l}?ovr > ,y M ez, Ou.? e r7 c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body [ the proposed project site. . ? 1 ? i dy-4 ' /: C Qe e..- 0 ?Natural Manmade ?Unknown ... ecr . 0e 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. 1" l LXt0 NQ 1`leG'C'L 4. Site Description a. Total length of shoreline on the tract (ft.) r b. Size of entire tract (sq.ft_) 1- f- O 6, g 3 f!c O 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 r Q" / " / I o I i 0 ' , P!I i e5 i t (fse d' p NO g. Identify and describe the existing land uses adjacent to the proposed project site. C?/ r V L0 f•C p S 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 vatelCommunit a ' ? fI y u a.JYi i J f , o Te e5 i P b. Give a brief description of purpose, use, and daily operations of the project when complete. r cif S?C ?5 w N eN i? o ?t , .J s ? tr?`? e ?/j, / p? { 6o??I /'D4-Tt(C l e Q-reG? e,a(z,nl1 C'C?cc525 , ? woCter 1 o COOGIC ('t r s J es e I S, y' p Lt ? 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- 5PT(- r (/-NSS, MONO' ry i ' ' i)- S f , a5, r f'- t-- /oa`1I?'S ?oGfC. e(y[t.nKer?.°f G.,(?'t ?oe S r,J e-a 0zJ S d. List all development activities ypu propose. s?q !I a P_WC L,` _ Or e. p, e. Are the proposed activities/(naintteenance of an existing ?ect, new work, or both? ) e i ' f 1c C-- S I/ s h-) ec) !C YJ $N 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 ! tL 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 C ? ? (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" f ey S fC' 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. N// 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 r 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. " 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 i , _ I I I 7. SP I I ' , I I 111 f , I 1 l I ( I I i ' ' I , - j , l ! I ? I 1 17 c I ? i - 4 I -.1 ' ! , it .I - i ' J- J- f l ' I i I( ' ot. • f I I ! I 1 I ?. I ---?- rl ' i ' i I , I ??? ! a!2 ;[ M i ? I i f- I I ( I I ? : --- I : i ! i----I I 1 _ o ?i ?kG_ 53 C-A a j .4 i . ?-1- ? ! r I ; ? I , I ! !? I I ? T I 41 ! ?"'t- i i i -,---_ ? i_-_1._. i ? 1 ..I . ? I ._ _ i-..-'--•-; ?' ?l- i---i--?--E--'---f --r- 11 -- 74 • I 1 I 1 i 1- ,. 1 I 1. !. ! i i I I I I 1 1 ! : ! I! ?? D? S ?G ? •eT-,i---?--- I? ?,? :?. '1IIIII{I1IiI! ? I(IIII?II?????? 1 I l i ?+- I -.1 1 i'l I I 7I I 11 14 N-, P 7 I I I I ~ 1 I n 4 T H - -I I H 4 + ?. -