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HomeMy WebLinkAbout20110826 Ver 1_CAMA Application_20110902A74 ,, !01 1 082 e NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary August 31, 2011 MEMORANDUM: L5 D TO: Cyndi Karoly, Supervisor SEP -2 2011 401 Oversight & Express Permits Unit M*.*TRQftTy Division of Water Quality-Surface Water Protection*7LA sAws 6 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: Duncan, Gail - (c/o: LMG - J. Johnson, Agent) Project Location: 1318 SW Harbor Watch Dr., in the Ocean Harbor Estates Subdivision, adjacent to the AIWW, in Calabash, Brunswick Co. Proposed Project: Applicant proposes to construct a private pier with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 22, 2011. If you have any questions regarding the proposed project contact Holley Snider (910)796-7270, 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 DA 400 Commerce Ave., Morehead City. NC 28557--3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer One NorthCarohna ;Vaturally Project Narrative Proposed Pier, Gazebo, Floating Dock, Boat Lift Atlantic Intracoastal Waterway Ocean Harbor Estates, Lot 1 Brunswick County, N.C. Gail Duncan Revised 9-01-11 Gail Duncan is proposing to construct a private pier with a gazebo, floating dock and a boat lift at Lot 1, Ocean Harbor Estates in Brunswick County. A CAMA Minor Permit (Number 01-2011) was issued on March 28, 2011 for home 'ite development on the upland portion of the property. The proposed structures will provide a total of three boat slips, one as a boat lift, one wet slip along the face of the 10'x16' floating dock and another on top of the floating dock intended for a small hand-launched Jon boat. The elevated wooden pier will be 6' wide and the deck boards a minimum of 3' above the marsh substrate. For purposes of maintaining navigable access, the pier will be elevated to 6' above mean high water as it crosses a small tidal slough within the marsh. The walkway for the pier originates on top of the retaining wall. The overall length of the proposed pier from the origination point at the retaining wall is 5151. The length of the proposed pier from MHW is 448'. The covered gazebo will measure 18'x16' at the drip line. A hinged ramp will connect the gazebo with the floating dock. No dredging is proposed. Standard construction methods will be used during construction of the proposed pier and boat slips including, but not limited to the use of a piling rig, water jet for piling installation, power and hand tools for marine carpentry, etc. In order to reach water depths usable throughout the tidal range and avoid bottom impacts in this Primary Nursery Area (PNA), the outer edge of the floating d;)ck will extend to the Corps of Engineers 80' setback off the AIW charnel. Depths at the 80' AIW setback are approximately 3 to 4 feet at mean low water. Depths at one quarter of the waterbody width are approximately 1 to 2 feet at mean low water. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Gail Duncan 2. LOCATION OF PROJECT SITE: 1318 SW Harbor Watch Drive, in the Ocean Harbor Estates Subdivision, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Calabash, Brunswick County. Photo Index - 2006: 2-6208 F,G-22 2000: 2-14 R-4 R,S-3 1995: 2-14 P, Q -15 State Plane Coordinates - X: 650953.753 Y: 13589.307 Lat:33052'17.95399"N Long: 78°33'11.26448"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - P 082311A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/25/11 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 08/29/11(Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification from LUP - Conservation (B) AEC(s) Involved: CW, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - Single-family residence under construction and retaining wall Planned - Private pier with gazebo, floating dock and boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Mixed coastal & 1,908 sq. ft. 404-type) (Shaded) (B) Non-Vegetated Wetlands 1,499 sq. ft. (Open water) (Incorporated) (C) Other (High ground) 300 sq. ft. disturbed (D) Total Area Disturbed: 3,707 sq. ft. ( 0.09 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a private pier with gazebo, floating dock and boatlift. Gail Duncan Page 2 9. PROJECT DESCRIPTION: The project site is located at Lot 1, 1318 Harbour Watch SW, in the Ocean Harbor Estates Subdivision, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Calabash, Brunswick County. To locate the property from US 17 S near Shallotte, travel south to NC Highway 904 turn left and travel approximately 2.2 miles to NC Highway 179/Old Georgetown Road SW, turn right and travel approximately 3.8 miles to Beach Drive SW. Turn left onto Beach Drive SW and travel approximately 1.6 miles to Ocean Harbor Golf Club Road SW. Turn right onto Ocean Harbor Golf Club Road SW and travel approximately 0.8 miles. Take the second left onto Harbor Gate North Drive SW and make an immediate left onto Harbor Watch SW. The property is located within a gated subdivision; the applicant's agent can be contacted for access to the gate. The property will be located on the left hand side of the road. The property consists of a 0.87 acre lot, with an approximate shoreline length of 140 feet. The highground portion of the property ranges from approximately 4 feet to 25 feet above mean high water (MHW) and is primarily vegetated with native trees, shrubs and grasses. The high ground has been cleared for the construction of a single family residence with pool and retaining wall, this development has been authorized by CAMA Minor Permit # BC11-01. The authorized retaining wall has been constructed landward of the wetlands and the residence construction is underway. The high ground of the property transitions to an area of mixed coastal and 404-type wetlands, which ranges from approximately 15 feet to 50 feet in width to the Normal High Water (NHW) boundary. Wetland vegetation consists of: Cattails (Typho sp.), Spike Grass (Distichlis spicata), Sea Lavender (Limonium sp.), Sea Oxeye (Borrichia frutescens) and Groundsel-bush (Baccharus halimifolia). The property then transitions, from the NHW boundary water ward, to an area of low marsh consisting of Smooth Cord Grass (Spartina alterniflora). The Spartina transitions to a small slough approximately 180 feet water ward of NHW and is approximately 6 feet in width and is navigable a periods of high water. The Spartina extends beyond the slough approximately 120 feet to edge of vegetation and Normal Low Water (NLW) is located approximately 100 feet water ward of the edge of vegetation. The waters of the AIWW are classified SA by the Division of Water Quality. The project area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is OPEN to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct a private pier with a gazebo, floating dock and boatlift. As proposed the access pier would measure 515 feet in length, of which 448 feet would extend beyond the NHW boundary. The proposed access pier would measure 6 feet in width and would extend to the south from retaining wall, over the high ground towards the AIWW a distance of approximately 50 feet. The access pier would then begin to span the wetlands and would extend water ward approximately 58 feet. The pier would then be angled to the southeast and extend over the wetlands approximately 140 feet to the small slough. The proposed 6 feet wide pier would then be elevated and constructed with a 14 foot wide span over the slough, providing a minimum height of 6 feet above NHW, as measured from the lowest structural member of the access pier. The proposed 6 feet wide access pier would continue toward the AIWW channel approximately 162 feet in length. The pier would then terminate at a covered T-head measuring approximately 18 feet in width by 16 feet in length, as measured from the roof dripline as stated by the applicant. The proposed gazebo would be connected by ramp to a proposed 16 feet wide by 10 feet long floating dock that would extend to the southwest and would be oriented parallel to the AIWW channel. A boatlift, measuring approximately Gail Duncan Page 3 13 feet in length by 13 feet in width, would be installed along the northeast side of the docking facility and would be in alignment with the outboard edge of the proposed floating dock. The applicant states that the water depths in the location of the proposed floating dock and boatlift are approximately -3 to -4 feet at Normal Low Water (NLW). As proposed, the structure would provide docking space for three (3) vessels; one lift slip, one slip on the outboard edge of the proposed floating dock and one slip on the floating dock for a small Jon boat launching. The applicant states the width of water body in the location of the AIWW to be approximately 583 feet. As proposed, the docking facility would extend approximately 448 feet water ward of Mean High Water and approximately 185 feet water ward of the edge of marsh. As proposed, the docking facility would not conform to the quarter width limitation and as proposed would extend to within 3 feet of the 80 foot AIWW setback line. 11. ANTICIPATED IMPACTS The proposed pier system construction would incorporate approximately 1,499 sq. ft. of Estuarine Waters and Pubic Trust Area and would shade approximately 1,908 sq. ft. of Coastal Wetlands. The proposed access pier would result in the disturbance of approximately 300 feet of high ground. Minor increases in turbidity should be expected during construction. The proposed docking facility would extend approximately 490 feet into the water body as measured from the mean high water boundary and would extend approximately 185 feet into a water body that measures approximately 583 feet in width. This distance would not conform to the 1/4 width rule. The structure, as proposed, would not encroach into either of the adjacent 15' riparian setbacks. Submitted by: Holley Snider Date: 8/30/2011 Office: Wilmington DCM MP- 7 APPLICATION for Major (last revised 12/27/06) Development Perm North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Na Ocean Harbour Estates, Lot 1 Applicant 1: First Name MI Last Name Gail Duncan Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 130 Edinburgh South Drive NA Cary NC ZIP Country Phone No. FAX No. 27511 USA 919 - 818 - 7961 ext. NA NA- Street Address (if different from above) City State ZIP NA Na NA NA- Email centurycare@aol.com 2. Agent/Contractor Information Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Jenny Johnson Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City State PO BOX 2522 Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 452 - 000 1 ext. - ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP 3805 Wrightsville Ave Wilmington NC 28403- Email jjohnson@lmgroup.net; smorrison@lmgroup.net <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. # Brunswick 1318 SW Harbour Watch NA Subdivision Name City State Zip Ocean Harbour Estates Calabash NC 28467- Phone No. Lot No.(s) (if many, attach additional page with list) NA - - ext. Lot 1, , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Atlantic Intracoastal Waterway 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 Atlantic Intracoastal Waterway 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. Calabash ETJ 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 140 ft (surveyed MHW) 38,107.48 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4-25' ®NHW or ?NWL e. Vegetation on tract Native trees and shrubs. f. Man-made features and uses now on tract A CAMA Minor Permit (01-2011) was issued for upland development including the construction of a home site and retaining wall. This project is presently underway. g. Identify and describe the existing land uses adjacent to the proposed project site. West - residential, existing single family home East - residential, vegetated lot South - Ocean Harbour Estates, wetland h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R15 (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa 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? NYes ?No (ii) Are there coastal wetlands on the site? NYes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? NYes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. County water system p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government NPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed pier, floating dock and lift slip will provide private water access and boat dockage. 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. Standard marine construction methods and equipment will be used for the construction of the dock system and access pier. Land-based equipment will be stored on upland portions of the property. Water-based equipment will be stored on barge or boat. d. List all development activities you propose. Construction of an 18'x 16' platform, floating dock, boat lift and access pier. e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? NA ?Sq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes NNo ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges are proposed with this application. i. Will wastewater or stormwater be discharged into a wetland? ?Yes NNo ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No NNA j. Is there any mitigation proposed? ?Yes ?No NNA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation 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 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 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 Sharan C Stanaland Phone No. NA Address 706 Norvell Street, N Myrtle Beach, SC 29582 Name Henry and Joann Lepore Phone No. NA Address 1325 SW Harbour Watch, Calabash, NC 28467 Name NA 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. CAMA Minor Permit 01-2011 SAW-2010-02036 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 " Print Name '. e ' AP . ' ? I' cvA Signature Please indicate application attachments pertaining to your proposed Orolect. ?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 FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ?Commercial ?Public/Government El Private/Community c. (i) Dock(s) < (ii) Number (iii) Length (iv) Width (v) Floating and/or pier(s) 1 dock, 1 pier a) 448' from MHW - fixed access pier b) 16'- floating dock a)6', b)10' ®Yes []No e. (i) Are Platforms included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 18' (iv) Width 16' (v) Floating ?Yes ONo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 3 (1 lift slip, 1 wet slip, 1 slip on top of floating dock) (ii) Number of slips existing 0 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: 26' m. (i) Will the facility have tie pilings? ?Yes ONo (ii) If yes number of tie pilings? NA ?This section not applicable b. (i) Will the facility be open to the general public? ?Yes ONo d. (i) Are Finger Piers included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 13' (iv) Width 13' 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:,Y 2- ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ® Other, please describe: 'I w { C, ua 1lift slip, 1 slip located on floating dock j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed power boats 1. (i) Will the facility be open to the general public? ?Yes ®No 2. DOCKING FACILITY/MARINA OPERATIONS [a 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. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 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. Are 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. >15 ft >200 ft Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body +/- 583' e. (i) Will navigational aids be required as a result of the project? []Yes ?No ONA (ii) If yes, explain what type and how they will be implemented. NA d. Water depth at waterward end of structure at NLW or NWL +/- 3.75 ft MLW & OTHER []This section not applicable a. Give complete description: The proposed floating dock will serve as an additional slip for the storage of a small Jon boat. The Jon boat will be launched and docked by hand. No additional features (ramp, davit, etc) are proposed for utilization of the floating dock as a boat slip. The walkway for the pier originates on top of the retaining wall. Maintained lawn is present landward of the retaining wall/pier origination point. 'a - 1'1 Date Ocean Harbour Estates, Lot 1 Project Name Noah Duncan Applicant Name A y'r / n etAi) Applicant `5ir'gnature I ' -?' Z J \ -? 179 r q 1 a? i k 17 f ql 4ti? ?? fiE4R4 jar 1 ti, ` S- a 179 a 't _ K w a 1: i .s ? of a ( w ,t ke Rau. ?/ 3 l V dye ? ,? pa to _ i'i ? , r ti tKr - dng g? N ?- sit • k-°at1t j _ Sunset Beach tSI11tl I Bird 1 Island i ties a f I ? i \ j Im age Source: North Carolina Atlas & Gazetteer. 2003. 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