HomeMy WebLinkAbout20011083 Ver 2_CAMA Application_20120307March 5 2012
MEMORANDUM
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/Dredge & Fill Major Permit Application Review
Applicant Masonboro Landing HOA (c /o M Conard Agent)
Project Location Adjacent to Masonboro Sound at the end of Captains Lane off of
Masonboro Loop Rd Wilmington NC New Hanover Co
Proposed Project Applicant proposes to modify their current permit to allow for
maintenance excavation within an existing basin and access
channel
Please indicate below your agency s position or viewpoint on the proposed project and
return this form by March 29, 2012 If you have any questions regarding the proposed
project contact Robb Mairs (910)796 -7423 when appropriate to -depth comments with
supporting data is requested
REDLY
SIGNED
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
attached comments
to the project for reasons described in the
_DATE MAR 7
400 Commerce Ave Morehead City NC 28557 3421
Phone 252 -808 28081 FAX 252 247 3330 Internet www nccoastal management net
An Gqual Opportunity 1 AfFirm3tiw Action employer
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANTS NAME Masonboro Landing HOA
2 LOCATION OF PROJECT SITE Adjacent to Masonboro Sound at the end of Captains Lane off
of Masonboro Loop Rd in New Hanover County
Photo Index 2006 21 7384 R S 8 2000 21 264 R S 8 1995 22 249 R S T U 11 12
State Plane Coordinates X 22344502 Y 145299 GPS -O 050511 B
Lat 34 08 37 63094 N Long 77 51 41 53017'W
3 INVESTIGATION TYPE CAMA/D &F
4 INVESTIGATIVE PROCEDURE Dates of Site Visit 2/7/2012
Was Applicant Present No
5 PROCESSING PROCEDURE Apolication Received 1/31/2012
6 SITE DESCRIPTION Office Wilmington
(A) Local Land Use Plan New Hanover County
Land Classification From LUP Conservation
(B) AEC(s) Involved EW PTA ES ORW
(C) Water Dependent Yes
(D) Intended Use Community
(E) Wastewater Treatment Existing N/A
Planned N/A
- (F) Type of Structures Existing Boat basin community marina (18 slips) freestanding
bulkhead access pier and fixed platform (crabbing /fishing dock)
Planned Maintenance dredging within basin and access channel
(G) Estimated Annual Rate of Erosion N/A
Source N/A
7 HABITAT DESCRIPTION
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Total Area Disturbed
(E)
Primary Nursery Area
(B) Non Vegetated Wetlands
Open Water
21 330 sq ft
(C) Other (highground)
70 000 sq ft
(D)
Total Area Disturbed
(E)
Primary Nursery Area
(F)
Water Classification
91 330 sq ft ( -2 0 acres)
Yes
SA ORW Open No
8 PROJECT SUMMARY The applicant proposes to modify their current permit to allow for
maintenance excavation within an existing basin and access channel
Masonboro Landing HOA
Page 2
9 PROJECT DESCRIPTION
The project site is the existing community marina for Masonboro Landing Subdivision adjacent to
Masonboro Sound at the end of Captains Lane in New Hanover County To locate the property traveling
south on College Road take a left onto Mohican Trail and travel east approximately 1 3 miles Turn right
onto Masonboro Loop Road and travel south for approximately 0 4 miles until you reach Captains Lane at
the entrance of the Masonboro Landing Subdivision that will be located on the left Travel east on
Captains Lane for approximately 0 6 miles until it terminates at the project site
The original marina basin and channel excavation was authorized in 1985 The existing marina facility
consists of a boat basin approximately 235 in length by 78 in width and an access channel to the
AIWW approximately 75 in width by 40 in width The originally permitted depth for the basin was 6 at
normal low water (NLW) The majority of the basin is stabilized by a vertical wooden seawall The north
side of the boat basin has been stabilized with a freestanding bulkhead approximately 230 in length
There are eighteen (18) boat slips separated by mooring pilings arranged along a single floating dock
located along the southern wall of the community boat basin
There is a narrow border of Smooth Cordgrass (Spartrna alterniflora) located on the northern side of the
freestanding wooden bulkhead of the basin The vegetation transitions into high marsh species including
Black Needlerush (Juncus roemananus) Spike Grass (Distichlis splcata) Sea Oxeye (Bornchia
frutescens) Sea Lavender (Limonium spp) Saltwort (Salicomla spp) and Salt Meadow Grass
(Spartina patens) Several shrubs Marsh elder (Iva frutescens) Grounsel bush (Baccharus halimifolia)
and small Red Cedar are present on a hummock within the adjacent high marsh area
The applicants obtained State Permit #34 93 in 1993 authorizing maintenance dredging for the existing
facility and maintained the permit until its expiration on December 31 2006 Several CAMA General
Permits have been issued to the applicant for maintenance excavation within the boat basin and entrance
channel since the expiration of this permit In 1996 State Permit #126 96 was issued to expand the
twelve lot (12) subdivision to twenty (20) single family lots and expand the docking facilities within the
basin to accommodate eighteen (18) boat slips In 2001 State Permit #94 01 was issued to construct the
free standing bulkhead to stabilize the north side of the existing boat basin
The applicant received State Permit #109 09 on August 4 2009 to construct the existing fixed pier with
platform along the east side of the existing boat basin to provide the subdivision homeowners access to
fishing and crabbing The existing pier and platform were authorized to extend from the existing wall
located on the east side of the basin a distance 40 towards the AIWW as depicted on the application
drawings Based on a recent as built survey provided to our office dated March 2 2012 the actual
distance of this structure into the waterbody is 38 3 The survey also depicts the existing structure
encroaches slightly into the USACE AIWW 80 setback requirement a distance of approximately 6
It appears that due to an oversight this permit application did not include regaining the maintenance
dredging clause for the marina facility State Permit #109 09 is due to expire on December 31 2012
however it was subject to extension by the Session Law 2009 406 as amended by Session Law
2010 177 the Permit Extension Act and is set to expire on May 29 2015
The New Hanover County Land Use Plan classifies the project area as Conservation The waters of
Masonboro Sound are classified SA ORW by the NC Division of Water Quality These waters are
designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries and they are
CLOSED to the harvest of shellfish for consumption with the closure limits extending approximately 300
400 south of the mouth of the marina basin
Masonboro Landing HOA
Page 3
10 PROPOSED PROJECT
The applicant proposes to modify their current permit to allow for maintenance excavation within an
existing basin and access channel Maintenance of the boat basin limits would be approximately 235 in
length by 78 in width and the access channel to the AIWW approximately 75 in length by and 40 in
width The proposed depths for the basin and access channel would be 6 feet at normal low water
(NLW) The application states that approximately 2 709 cubic yards (cy) of material in the basin and
access channel would be removed within the original authorized dimensions and depth aforementioned
The access channel depth would connect into the same water depths within Masonboro Sound The
application also states that the maintenance excavation would be executed through mechanical means
by the bucket to barge methodology The excavated material would be deposited onto the highground
area of a private property located approximately 0 6 mi south of the site commonly known as Aqua Vista
Farm owned by Mr Maurice Emmart located at 100 Aqua Vista Drive off Masonboro Road
The property owner at this location currently maintains a basin and access channel with a boatramp and
diked spoil area measuring approximately 5 acres in size This spoil location has been used as a spoil
site for previous maintenance events for this community marina and other facilities in this vicinity of
Masonboro Sound The application states the material would be stabilized with proper sedimentation and
erosion control measures (See project narrative and Sheets 1 through 4)
ANTICIPATED IMPACTS
The proposed maintenance dredging would disturb approximately 21 330 sq ft of previously excavated
shallow bottom area The project would include the removal of approximately 2 709 cy of material from
the existing basin and access channel system Spoil disposal would disturb approximately 70 000 sq ft
(1 6 acres) of highground area previously utilized for maintenance events Minor increases in turbidity
should be expected during the dredging event however no long term adverse impacts are anticipated
Submitted by Robb L Mairs Date 03/02/2012 Office Wilmington
CAROLINA MARINE CONSTRUCTION, Inc
3600 E South College Rd PMB 326 Wilmington NC 28412 910 793 4143 fax 794 9909
January 26 2011
To DENR
Attn Rob Mairs
Rob
As per our earlier discussions concerning Masonboro Landing we are applying for a new dredging permit
for the Masonboro Landing Homeowners Association They previously had a dredging mayor permit but
it was not renewed when the last contractor rebuilt their bulkhead There is approximately 2709 cubic
yards of material that needs to be removed to achieve a 7 in the access channel and a 6 in the basin at
mean low water We are proposing to remove this material by using a bucket to barge method then place
the material at the Aqua Vista site Just to the south Spoil will be placed behind the existing dike walls
If you have any questions or need anything further you can reach me on my cell anytime 910 470 6610
Thanks
Mike
N C DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date Z 2
Name of Property Owner Applying for Permit
Mailing Address
5L57/ 2 G A rl-A) / i,S t— ;q --'
vc/ /t 11lIV67 o— oy6 ? 195 a9,
/yJi�'ikcc.e f
I certify that I have authorized (agent) �lv�H b U�' 6,V4 to act on my
behalf, for the purpose of applying for and obtaining all LAMA Permits necessary to
install or construct (activity)
at (my property located at)
This certification is valid thru (date)
J - 112s l 2
Property Owner Slgnature ' Date
CAROLINA MARINE CONSTRUCT=ON,Inc.
3600 E South College Rd PMB 326 Wilmington NC 28412 Phone 910 793 4143 Fax 794 9909
December 14 2011
To DENR
Attn Rob Mairs
I Maurice Emmart do hereby grant permission to Carolina Marine Construction to
deposit 2200 cubic yards of material from Tangle Oaks and 700 cubic yards of material
from Masonboro Landing on my property at Aqua Vista
N/ Elnitl-�16&�
Maurice Emmart
MOM
WFUCATION for
Major Development Permit
(last revised 12127106)
7LUw,-
North Carolina DIVISION OF COASTAL MANAGEMENT
1 Primary Applicant/ Landowner Information
Business Name
Business Name
Project Name (if applicable)
Carolina Marine Construction Inc
Captains Lane
Agent/ Contractor 1 First Name
MI
Applicant 1 First Name
MI
Last Name
Conard
Agent/ Contractor 2 First Name
Masonboro Landing HOA
Last Name
Mailing Address
PO Box
Applicant 2 First Name
MI
Last Name
PMB 326
If additional applicants please attach an additional page(s) with names listed
NC
ZIP
Mailing Address
PO Box
City
Phone No 2
State
4032 Masonboro Loop Rd Suite 101
910 793 4143 ext
Wilmington
FAX No
NC
ZIP
Country
Phone No
Street Address (if different from above)
FAX No
28409
USA
910 799
9225 ext
Street Address (d different from above)
City
State
ZIP
5625 Captains Lane
Wilmington
NC
28409
Email
Chris Lumpkm [ clumpkin @constructivebwldingsolutions com]
2 Agent/Contractor Information
Business Name
Carolina Marine Construction Inc
Agent/ Contractor 1 First Name
MI
Last Name
Michael
B
Conard
Agent/ Contractor 2 First Name
MI
Last Name
Mailing Address
PO Box
City
State
3600 E South College Rd
PMB 326
Wilmington
NC
ZIP
Phone No 1
Phone No 2
28412
910 793 4143 ext
ext
FAX No
Contractor #
910 794 9909
58629
Street Address (if different from above)
City
State J
ZIP
Email
portcityexecutive @charter net
<Form continues on back>
252 808 2808 1 088 4RCOAS3 uvww rnccoasfslma nagernernt re'
Form DCM MP 1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3 Project Location
County (can be multiple)
Street Address
State Rd #
New Hanover
5625 Captains Lane
d Approximate elevation of tract above NHW (normal high water) or
Subdivision Name
City
State
Zip
Masonboro Landing
Wilmington
NC
28409
Phone No
Lot No (s) (if many attach additional page with list)
ext
i Is the proposed project consistent with the applicable zoning?
a In which NC river basin is the project located?
b Name of body of water nearest to proposed project
Cape Fear
ICWW
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 Ocean
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
residential
4 Site Description
a Total length of shoreline on the tract (ft)
b Size of entire tract (sq ft )
126
33 516 sq ft
c Size of individual lot(s)
d Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes please attach additional page with a list)
+4 ®NHW or ❑NWL
e Vegetation on tract
grass & shrubs
f Man made features and uses now on tract
6 x 234 floating dock 6 x 20 stationary pier 16 x 16 sundeck 4 x 16 drop down
g Identify and describe the existing land uses adjacent to the proposed project site
residential homes marsh
h How does local government zone the tract?
i Is the proposed project consistent with the applicable zoning?
residential
(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?
I 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>
252 806 -2805 P ahav�a+t��a -
�r
Form DCM MP 1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m (i) Are there wetlands on the site? ®Yes []No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) or (ii) above has a delineation been conducted? ®Yes []No
(Attach documentation if available)
n Describe existing wastewater treatment facilities
N/A
o Describe existing drinking water supply source
N/A
p Describe existing storm water management or treatment systems
N/A
5 Activities and Impacts
a Will the protect be for commercial public or private use?
❑Commercial ❑Public/Government
®Private /Community
b Give a brief description of purpose use and daily operations of the protect when complete
recreational boating fishing
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
Material to be removed in a bucket to barge method with excavator mounted on barge
with bin walls Spoil to be hauled to
Aqua Vista site unloaded with (2) S 250 Bobcat skid steer loaders
d List all development activities you propose
remove 2709 cubic yards of material from access channel and basin
e Are the proposed activities maintenance of an existing protect new work or both?
maintenance for existing protect
f What is the approximate total disturbed land area resulting from the proposed protect?
21 330 ®Sq Ft or []Acres
g Will the proposed protect encroach on any public easement public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h Describe location and type of existing and proposed discharges to waters of the state
surface runoff
i Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No ❑NA
If yes will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No ❑NA
t Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes attach a mitigation proposal
s z cM
<Form continues on back>
252 808 280,. 1 883 4'Pr A57 01w V nccom�' I -n ann9� m =T%z rel
Form DCM MP 1 (Page 4 of 4)
APPLICATION for
Mayor Development Permit
6 Additonal lnformaton
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) — (t) are always applicable to any mayor 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 mad 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 Mary Holmes Phone No 910 200 9757
Address 5630 Shremaker Lane
Name Sarah Merriman Phone No 910 799 3324
Address 5624 Captains Lane
Name Phone No
Address
g A list of previous state or federal perms iss ed for work on thz3Y-93
ct tract Include permit numbers permittee and issuing dates
J - TV era4�� �
Qqb 5 � r �231tcb6
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 y knowledge
a
Date Print Name Ar, 'r
cl �� Signature
7 Ple se indicate application attachments pertaining to your proposed project
I CM MP 2 Excavation and Fill Information ❑DCM MP 5 Bridges and Culverts
❑DCM MP 3 Upland Development
❑DCM MP 4 Structures Information
252 808 2R OS 5 � 81 4RCOAST 'UfW cca ^s }a -°1 ,1r4aq me-7 net
Z=]A lIglTiVfJJA
EXCAVATION and FILL
(Except for bridges and culverts)
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
Describe below the purpose of proposed excavation and /or fill activities All values should be given in feet
1 EXCAVATION El This section not applicable
a Amount of material to be excavated from below NHW or NWL in b Type of material to be excavated
cubic yards sand loam
2709
Y
c (i) Does the area to be excavated include coastal wetlands /marsh d' High ground excavation in cubic yards
(CW) submerged aquatic vegetation (SAV) shell bottom (SB) 0
or other wetlands (WL)? If any boxes are checked provide the
number of square feet affected
❑CW ❑SAV ❑SB
OWL ®None
(it) Describe the purpose of the excavation in these areas
N/A
12 DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a Location of disposal area b Dimensions of disposal area
Aqua Vista site
c (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no attach a letter granting permission from the owner
e (i) Does the disposal area include any 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
OWL ❑None
(ii) Describe the purpose of disposal in these areas
N/A
200 x 350
d (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes where?
Aqua Vista
f (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes how much water area is affected?
252 808 2808 1 886-ORCOAS`5 r-vvw.r aiacc�astat nanaaw -gent net revised 12 26/06
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL )
stabilization
Length
75
235
Width
40
78
Avg Existing
3 4
2 3
NA
NA
Depth
Final Project
7
6
NA
NA
Depth
1 EXCAVATION El This section not applicable
a Amount of material to be excavated from below NHW or NWL in b Type of material to be excavated
cubic yards sand loam
2709
Y
c (i) Does the area to be excavated include coastal wetlands /marsh d' High ground excavation in cubic yards
(CW) submerged aquatic vegetation (SAV) shell bottom (SB) 0
or other wetlands (WL)? If any boxes are checked provide the
number of square feet affected
❑CW ❑SAV ❑SB
OWL ®None
(it) Describe the purpose of the excavation in these areas
N/A
12 DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a Location of disposal area b Dimensions of disposal area
Aqua Vista site
c (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no attach a letter granting permission from the owner
e (i) Does the disposal area include any 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
OWL ❑None
(ii) Describe the purpose of disposal in these areas
N/A
200 x 350
d (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes where?
Aqua Vista
f (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes how much water area is affected?
252 808 2808 1 886-ORCOAS`5 r-vvw.r aiacc�astat nanaaw -gent net revised 12 26/06
FOrM MIA 04,1 2 iExccavateor 2nL `fn " -age z. of 2)
3 SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin use MP 4 — Structures)
a i ype or snoreune stabilization
❑Bulkhead ❑Riprap ❑Breakwater /Sill ❑Other
c Average distance waterward of NHW or NWL
e Type of stabilization material
g Number of square feet of fill to be placed below water level
Bulkhead backfill Riprap
Breakwater /Sill Other
I Source of fill material
b Length
Width
d Maximum distance waterward of NHW or NWL
f (Q Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(u) If yes state amount of erosion and source of erosion amount
information
h Type of fill material
4 OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a (Q Will fill material be brought to the site? ❑Yes ❑No ❑NA b (i) Will fill material be placed in coastal wetlands /marsh (CW)
If yes
(u) Amount of material to be placed in the water
(m) Dimensions of fill area
(iv) Purpose of fill
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
OWL ❑None
(u) Describe the purpose of the fill in these areas
5 GENERAL
a How will excavated or fill material be kept on site and erosion b What type of construction equipment will be used (e g dragline
controlled? backhoe or hydraulic dredge)?
behind established dike walls long reach excavator barge with bin walls push boat
c (Q Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(u) If yes explain what type and how they will be implemented
d (Q Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(u) If yes explain steps that will be taken to avoid or minimize
environmental impacts
Date Applicant
CA a Applicant Signature
Project Name
�� r
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