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HomeMy WebLinkAbout20110021 Ver 2_CAMA Permit Application_20120215Beverly Eaves Perdue Governor II - Doao I U.:I- NC E R North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C Davis Director February 14, 2012 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 Mayor Permit Application Review Applicant Desmond Michael (c /o E Flynn Agent) Project Location 177 Beach Rd South on Figure 8 Island adjacent to Banks Channel Wilmington, NC New Hanover Proposed Project Applicant proposes to modify an existing permit to allow for the installation of two Jet Ski pads that would accommodate an additional two (2) vessels at an existing docking facility in Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 9, 2012 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 DA' 400 Commerce Ave Morehead City NC 28557 3421 Phone 252 808 2808 \ FAX 252 247 3330 Internet www nccoastal management net An Equal Opportunity \ Affirmative Action Employer RECEIVE � I a 2012 VorthCarohna Naturallif DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I APPLICANTS NAME Michael Desmond 2 LOCATION OF PROJECT SITE 177 Beach Road South on Figure Eight Island adjacent to Banks Channel New Hanover County Photo Index 2006 24 7409 M 18 2000 24 310 L 7 1995 24 292 N 18 State Plane Coordinates X 2373542 Y 184042 GPS O 121013A Lat/Long Coordinates Lat 340 14 57 40269 N Long 771 45 50 33491 W 3 INVESTIGATION TYPE CAMA 4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 11/01/2011 Was Applicant Present — Yes (agent) 5 PROCESSING PROCEDURE Application Received — 02/03/2012 (Complete) Office Wilmington 6 SITE DESCRIPTION (A) Local Land Use Plan — City of Wilmington /New Hanover County Land Classification From LUP Conservation (B) AEC(s) Involved EW ORW PTA (C) Water Dependent Yes (D) Intended Use Private (E) Wastewater Treatment Existing — Septic System Planned — N/A (F) Type of Structures Existing — Single family residence pier platform floating dock and boatlift Planned —New Jet ski pads (G) Estimated Annual Rate of Erosion N/A 7 HABITAT DESCRIPTION [AREA] nRFnr,Fn Fu i i=n nTUGQ (A) Vegetated Wetlands Coastal Marsh (B) Non Vegetated Wetlands 168 sq ft Open Water (Incorporated) (C) Other (High Ground) (D) Total Area Disturbed 168 sq ft (0 003acres) (E) Primary Nursery Area No (F) Water Classification SA ORW Open Yes 8 PROJECT SUMMARY The applicant proposes to modify an existing permit to allow for the installation of two Jet Ski pads that would accommodate an additional two vessels at an existing docking facility in Banks Channel Michael Desmond Page 2 9 PROJECT DESCRIPTION The project is located at 177 Beach Road South on Figure Eight Island adjacent to Banks Channel and Middle Sound in New Hanover County The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402) by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway which traverses Middle Sound Heading east on the causeway turn right on Beach Road South and travel approximately 1 75 miles until you reach the property of interest that will be located on the right just before the cul de sac The property is adjacent to residential properties on the south and north sides The property is bordered on the east side by Beach Road South and a man made cove to the west The current elevation of the property is approximately 8 feet above mean sea level (MSL) The 0 58 acre property is developed with a single family residence and has approximately 76 linear feet of shoreline frontage The highground vegetation extends to a natural bank along the shoreline that is naturally stabilized with vegetation The bank is approximately four feet in height and transitions to low marsh approximately 25 feet wide that is vegetated with Salt Meadow Hay (Spartma patens) Salt Marsh Cordgrass (Spartrna altemiflora) Sea Lavender (Limonium spp) and Glasswort (Sahcornia spp ) A wooden walkway extends from the residence and connects to the existing access pier The existing pier measures approximately 75 feet in length by 6 feet in width which spans over the area of coastal wetlands and into open water The applicant recently received State Permit No 21 11 on February 28 2011 for the reconfiguration of the existing docking facility which is due to expire on November 2 2015 As originally permitted and existing access ramp leads onto an existing floating dock measuring approximately 25 feet in length by 6 feet in width An existing floating dock measuring approximately 18 feet in length by 8 feet in width is located on the northern side of the most waterward end of this floating dock creating an L shaped configuration An existing boatlift measuring 13 feet in length by 14 feet in width is located on the landward side of the configuration The floating docks are arranged in an L shaped configuration and provide mooring for up to three (3) vessels The New Hanover County Land Use Plan classifies the adjacent waters and high ground portion of the project site as Conservation The waters of Banks Channel and Middle Sound are classified as SA ORW by the NC Division of Water Quality These waters are NOT designated as PNA by the NC Division of Marine Fisheries and are Open to the harvest of shellfish PROPOSED PROJECT The applicant proposes to modify an existing permit to allow for the installation of two Jet Ski pads which would accommodate an additional two vessels at an existing docking facility in Banks Channel The proposed pads each measuring approximately 12 in length by 7 in width would be installed side by side on the landward side of the new boatlift The application states that the existing water depth at the proposed location of the pads is approximately 14 feet at normal low water (NLW) The proposed pads would accommodate an additional two (2) vessel for a total of five (5) vessels at this location Michael Desmond Page 3 ANTICIPATED IMPACTS The proposed structures would incorporate an additional approximately 168 square feet of Estuarine Waters and Public Trust Area however much of this area is currently usurped by the existing docking facility Based on the survey provided in the application the docking facility would not encroach into the 15 foot riparian corridor setback requirement and would be located within the riparian access area of the applicant The proposed docking facility would accommodate an additional two (2) vessel for a total of five (5) vessels at this location Minor increases in turbidity should be expected during construction but if construction is timed to avoid periods of peak biological activity impacts should be minimal Submitted by Robb L Mairs Date February 14 2012 Office Wilmington F d S Marene C ®ntract ®rs, r nc P O Box 868 Copt Ed Flynn Wrightsville Beach N C 28480 Durwood Sykes Phone /Fax 910 -256 -3062 email efly @msn com 15 Ton 2012 NCDENR Wilmington N C The enclosed application is to request a major modification to CAMA Major Permit #21 -11 issued on 28 February 2011 to Michael Desmond 177 Beach Road South Wilmington N C 28411 on Figure Eight Island The request is to include a double ,let ski pad for the appkcan is two jet skis at the existing dock facility The pad will be attached to the existing floating dock within the perimeter footprint of the dock structure This facility is for the applicants family use only P� ED �s cM WILMINGTON NC Complete Marine Construction Service For Over 35 Years Piers N Bulkheads - Floating Docks N Boatlifts N Pilings N Repairs '-'t✓ 13F+ PROD J F—, f iHP1I JE '10L5b30b2 � - TO 1919 R� ® 4170 P 1 an To g1Q256�62 P f i s IMF% iAE-RINt North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue dames H oregson Dee Freeman Govemor Director Secretary AMT AUTMQRl9&TI0N F,� ORM gate -1-I4 Name of Pr/o//p]oorty�,Owner Applying for Permit /N/a /me/oofff Auet�hor /)ijadd AAA ge(ntt for►,tgla project Owners Mafillnh /JgbAddress 10Dierrv:iYiJ o s r Cr ,.Al,C, a sal Phone Number (91 l 38 yti Agent s Afalling Address P.O. any Ali WMhtWWO ee+ach roc 2840 Phone Number ( ) I certify that I have authorized the agent listed above to set on my behalf for the purpose of applying fo and obt inIng all CAMA Permits necessary to Install or construct the following (activity) d �DUASnrfi� (my property located) at This certific�dron Is valld`thru (date) 1 ' Owner Signature Date 122 Cardmal 06" feu 1N wrptim NC 28409 From 910 70V2% FAX AI0- OW964 Infamet www nc 101111manONW1 not ----- *vtarm s6aArkAfouler LY #cZLQ 03 2012 " � WILKNGTON NC DCM MP t APPLICATION for Mider Development Permit (test revised 12127/06) North Carolina DMSION OF COASTAL MANAGEMENT 1 Primary Applicant/ Landowner Information Bus ness Name Project Name (if applicable) Applicant 1 First Name // MI J !�J! y Last Name C.r ! A.0 Applicant 2 First Name MI Last Name If additional applicants please attach an additional page(s) with names listed Mailing Address / /v PO Box City 6 State W ZIP c11 ��JL[ Country 4150 Phone No 91� 3 W p 10 ext FAX No Street Address (it different from above) City State ZIP Email 2 Agent/Contractor Information Business Name -s Am yj'fl s ��rt3 c Agentl Contractor 1 First Name / MI Last Name j Agent[ Contractor 2 First Name MI Last Name Mailing Address PO Box �6S City 1/YU111P-15,r1t iom State 114C ZIP () Phone No 1 ?1D L;% ext Phone No 2 ext FAX No Contractor 4 Street Address (if different from above) City State ZIP y r Email Drl 14[4 &61 <Form continues on back> I-LH 0 3 2012 th L'YILIMINGTUN NC Form DCM MP 1 (Page 2 of 4) APPLICATION for Major Development Permit 3 Project Location County (can be; triple) Street Address State Rd # 509 Y 3'J r c Size of individual lots) �A d Approximate elevation of tract above NHW (normal high water) or f NWL 1 /kwe (normal watUHW el) Sibdiv-sion Name n>�� City �/AI` State �e Zip 28 11 . 70 R4 t,,J $A, -1 , P/ h How does local government zone the tract? Phone C.�No{� ll ! � 34qg b qll b ext Lot No (s) (it many attach additional page with list) IL. a in which NC river basin is the project located? b Name of bor of water nearest to proposed protect 111W5 6� C &ae'L C Is tgte water body identified in (b) above natural or manmade? d Name the closest major water body to the proposed project site Natural ❑Manmade ❑Unknown dffYA /')'CG e Is posed work within city limits or planning jurisdiction? f If applicable list the planning jurisdiction or city limit the proposed VIY's []No work falls mnthm NC 411/A''A i rat 4 Site Description a Total length of shoreline on the tract (ft) b Size of entire tract (sq ft ) t 9p 509 Y 3'J r c Size of individual lots) �A d Approximate elevation of tract above NHW (normal high water) or f NWL 1 /kwe (normal watUHW el) (if many lot sizes please attach additional page with a hst) or ❑NWL e Vegetation on tract f Man made features and uses now on tract g Identify and describe the existing land uses adjacent to the proposed project site R4 t,,J $A, -1 , P/ h How does local government zone the tract? i Is the roposed project consistent with the applicable zoning? %�z���,Ii�� (Alt h zoning compliance certificate it applicable) Yes ❑No ❑NA I Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes WN o k Hasa professional archaeological assessment been done for the tract? 1( yes attach a copy ❑Yes KAci ❑NA If yes by whom? I is the proposed project located in a National Registered 41stonc District or does it involve a ❑Yes o [DNA National Register listed or eligible property r r o- 1;R F� P r top U- I "I' ttw Y <Form continues on next page> FEB 0 3 2012 Major Development Permit m (i) Are there wetlands on the site? :7es ❑No (u) Are there coastal wetlands on the sites 7000 (in) If es to either i or it) above has a delineation been conducted? ❑Yes ( Y () (Attach documentation tf available) n Describe existing wastewater treatment facilities 57,0 1, �y vbm — o DrV be existing drinking water supply source IN b/AlLqu p Des be existing s orm water management or treatment systems 4h &W 5 Acbvitres and Impacts _ l a itlt�IPthe protect be for commercial public or private use? ❑ mmercial ❑PublictGovernment b Give a bnef description of purpose use and daily operations of the protect when cpmplete ' f73141 JET �, V Describe the proposed construction methodology types of construction equipment to be used during construction the number of each type of a ipment and where it is to be stored ° k� �n��l� j�� r0 lsT�� 06 10 kfv,l��- �-r�s� d List all development activities you propose r S�'yl l��G1L� 1.—Skt e Are the proposed activities maintenance of an existing protect new work or both? f What is the approximate total disturbed land area resulting from the proposed protect? ❑Sq Ft or ❑Acres g Will the proposed protect encroach on any public easement public accessway or other area ❑Yes LrNo DNA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state i Will wastewater or stormwater be discharged into a wetland? Oyes (-] NA If yes will this discharged water be of the same salinity as the receiving water? (-]Yes ❑N ❑NA I is there any mitigation proposed? Dyes o DNA If yes attach a mitigation proposal <Form continues on back> Pt -19 d 3 2012 Major Development Permit 6 Additional information In addition to this completed application form (MP 1) the following items below if applicable must be submitted in order for the application package to be complete items (a) — (0 are always applicable to any major development application Please consult the application instruction booklet on how to property prepare the required items below a A protect 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 complete7 if previously authorized work clearly indicate an maps plats drawings to distinguish `obtweeii wdrn-oarn( Wti arhrproposdu 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 I 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 I,& e/1��"d&% r�� Phone NaG�l�j _ /�c�_ �Jcto( Address /u ®vJ8C•�t%r� e0k' [.� �Z Za'ule C7 J Name yy'J J/ s /q Phone No gay- S13 _ as 1 Address ? f� / i%%31l1 7722e Name l► 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 h Signed consultant or agent authorization form if applicable i Wetland delineation if necessary i A cinnrrt AFr ha7arri nnhrp fnr nrn Artc n nra of nnr k A statement of compliance with the N C Environmental Policy Act (N C G S 11 3A 1 10) if necessary It the projec� involves expenditure of public funds or use of public lands attach a statement documenting compliance with the North Garo ►ma Environmental Policy Act 7 Certt>lcation and Permission to Enter on Land 1 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 aoencles to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow up monitoring of the project I further certify that the information provided in this application is truthful to the best of my knowledge ) Date � f � j�f�.. Print Name J- L �N Signature i( Please indicate application attachments pertaining to your proposed project ❑DCM MP 2 Excavation and Fill information VM MP 3 Upland Development CM MP 4 Structures Information ❑DCM MP 5 Bridges and Culverts yy FER 0 3 2012 Form DCM MR 4 (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 /manna % b ❑Commercial ❑Public/Govemment c (i) Dock(s) and /or pier(s) „ h (it) Number V (m) length (iv) Width (v) Floating ❑Yes ❑No Nc e ( i) Are Platforms included? ❑Yes 1 I yes (u) Numbe (tit) Length (iv) Width (v) Floating ❑Yes ❑No Note Rooted areas are calculated from drrphne dimensions g (i) umbeF of slips pro %osed (it) slumber of slips exis trig v i Check the proposed type of siting ❑ La�d cut and acre s hannel ❑ n water drPdg ng for basin and /or channel rpen Ovate no dredging required ❑Other please describe I k Typical boa length '"^ i m (t) Will the X10 lity have tie pilings? Oyes (u) If yes number of tie pilings'2 0 d C] This section not appllca (t) Wilt the fif be open to the general publi ? ❑Yes (t) Are Finger Piers included? ❑Yes o If yes (it) Number (iii) Length (tv) Width (v) Floating ❑Yes ❑No (i) Are Boatidts included? Ves ❑No 60binfi It yes 1 (n) Number � St t? e J (its) Length ' rxJ -- s (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 ❑ Dockage ( wet slips ) only number of slips ❑ Dry s orage number of boat V . at amp(s) number of boat rar-ps Qthef �asgdescnbe 1,t�! c7 I DescnbP the tvoical boats lobe served (e g open runabout charter boats sal boats mixed tvpe ) lleXs I (i) Will the fac tit be open to the ge feral pubtrc? ❑Yes No v �,` L < i a It- C M WILMINGToN NC 12 DOCKING FACILITY /MARINAOPERATIONS ' /�- his section notapphcabh a Check each of the following sanitary facilities that will be included in the proposed protect ❑ Office Toilets ❑ Toilets for patrons Number Location 0 Showers L-1 Boatholding tank pumpout Give type and lot aeon b Describe treatmert 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 Discha ge signs orcid )sea (ii) Give the location and number of Purnpout Avadab a signs proposed f Describe the special design if applicable for containing industrial type pollutants such as pant 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 s gns proposer' i Give the location of feel handling facilities and describe the safety measures planned to protect area water quality I What will be the marina policy on overnight and live aboard dockage'? k Describe design measures that promote boat basin flushing? I If tnis protect is an expansion of an existing marina what types of services are currer I} prov ded? FEB 0 3 2092 t M WILMING'xON NC m Is the mannaidocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n IQ the manna/docking facility proposed within or adjacent to any shellfish harvesting area? OYes ❑No o Is the mannaldocking facility proposed vnthin or adjacent to coastal wetlands /marsh (CW) subme ged aquatic vegetation (SAV) shed bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL QNone p Is the proposed manna /docking faciiry located within or with n close proximity to any shellfish teases? ❑Yes ❑No If yes give the name and address of the leaseholder(s) and give the proximity to the lelse [3 BOATHOUSE (including covered bits) /& - VThis section not applicabr a (i) Is the boathouse structure(s) ❑Commercial ❑PublicfGovernment ❑PnvatelCommunity (it) Number (m) Length (v) Width Note Roofed areas are calculated from driprne dimensions 4 GROIN !e g wood s`►eetpile etc if d rock groin use Mp 2 Excavation and Fill) his section rot appl cabi a (c) Numbe (u) Length (tit) Width 15 BREAKWATER (e g wood sheetpile etc) /�, KThis section not applicabr a Length c Maximum distance beyond NHW NWL or wetlands o Average d stance Irorr NNW NWL or wetlands .117 This section not applicabr 16 MOORING PILINGS and BUOYS a Is the structire(s) ❑Commercial ❑PublidGovernment ❑Pnvate/Communit� Distance to oe placed beyond shoreline /Vote This should be measured from marsh edge it present e Arr of the swing _ b Number d Descnpuo-i of buoy ( olor inscnp ion size anOor etc I t F3 0 3 202 7 GENERAL a Proximity of structure(s) to adjacent rpanan property lines +VV Note For buoy or moonng piling use arc of swing ncludrng length ar vessel c Width of water body -t 00 e (t) Will navtgat nal aids be required as a result of the project? OYes MAo ❑NA (n) If yes expta n what type and how they will be implemented b Proximity of structure(s) to adla„ent docking facilities t3 a/ d W�a�t�e�r Jdeotat vwaterward end of structure at NLW or NWL 1 0 18 OTHER n This section not appilcab' a Give c pie a des ipaon ,� /)b* 4/d &', 5.4 / gym Fes. / rffm Qzlo Date Project Name C4 ArwA) Ap c t N, —( J04.15) Appfrcan Sigrfalure T, 1 150 t b � InI lyl ICI 1 I ICI loi � I� x Aled &A, ° d"e � I Z �I � Np� lLn t3. LOT 179 r 12 FIGURE EIGHT ISLAND AP BOOK 14 PAGE 3 AER/q� i \ x2 3 EIR \ Y Q D � 1f'o,' 0'x17` xi / x19 ` /x19 \ ` x25`/ x2 1 VE EIP i N 5MOND Wt 1 CA N N 14'r �C o LOT 177 L� 1 �GF3 1 /r br y I13 FE9 0 3 2092 M WiLMIIllC -MN NC LOT 175 0 73 Acres Paz 0 Ogg, I I 116!5 /7 pw 4)k FeS Marine Contractors, Inc Complete Marine Construction Services For Over 32 years' CAPT ED FLYNN —�f t DURWOOD SYKES Piers Floating Docks Pilings Bulkheads Boat Lifts House Pilings Repairs PO Box 868 Phone /Fax (910) 256 3062 Wrightsville Beach NC 28480 email efly@msn com a POO alryL� t4L� -,(ti 6,4 FEB 0 3 2012 a WILMIb C77 L'1� 12,4 S7Z�' Alop Kz ,,o O PASS LOCATION MAP PIPERS NOT TO SCALE NECK RD l ITE by FEB 0 3 2012 3�3 Aso^ ���