HomeMy WebLinkAbout20071485 Ver 1_CAMA Permit Application_20070830' L ~
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
~ 7- 1 4 8 5
August 29, 2007 ~ 15~~Q V l5 D
MEMORANDUM: AUG 3 0 2007
DENR -WATER OUAUTY
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 Application Review
Applicant: Egbert L. Davis, ill
Project Location: 43 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound, on Figure Eight
Island, in New Hanover County
Proposed Project: to construct a floating dock to an existing pier system into Banks Channel
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by Sept 22, 2007. If you have any questions regarding the proposed project, contact Robb
Mairs at (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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-72151 FAX:. 910-395-39641 Internet: www,nccoastalmanagement.net
an Equal Opportunity 1 Affirmative Action Emp!nyar _ Snag p~ycl~ t, tn% PQSt COnSUfTt@! PapQr
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Egbert L. Davis, III
2. LOCATION OF PROJECT SITE: 43 Pipers Neck Road adjacent to Banks Channel and Middle
Sound, on Figure Eight Island, New Hanover County.
Photo Index - 2006: 24-7408, O-4 2000: 24-31 1, I-22 1998: 12-232, K-20
State Plane Coordinates - X: 2373570 Y: 185569
Latitude: 34° 15' 12.50211 "'N Longitude: 77°45'49.76693"W
3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-082809A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/28/07
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 8/20/07 (Completed)
Office -Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -New Hanover County
Land Classification From LUP -Conservation
(B) AEC(s) Involved: EW,PT,OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -Septic System
Planned - N/A
(F) Type of Structures: Existing -Two story single family residence, private pier,
floating dock and boat lift.
Planned -New floating dock (16' x 14')
Source - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
T)RFT)C'TF.T~ FTLT,F.D OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(O en water) 224 sq. ft.
(Inco orated)
(C) Other (Highground)
(D) Total Area Disturbed: 224 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to construct a floating dock to an existing pier system
into Banks Channel.
F,gbert L. Da~~is, III
Pale 2
9. PROJECT DESCRIPTION:
The project site is located at 43 Pipers Neck Road 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 south approximately 1 mile. Turn right onto Little Neck Road until you
reach a stop sign at Pipers Neck Road. Turn right onto Pipers Neck Road and the property of interest
will be located on the left just before you reach the cul-de-sac. The applicant's property remains a two
story single-family residence, which borders Banks Channel. Upland vegetation consists of ornamental
shrubbery and grasses. The lot is approximately 0.6 acres in size and averages 5 feet above mean sea
level. The 109 feet of shoreline frontage is. stabilized by upland vegetation. Waterward of the mean high
water (MHW) is an intertidal strip of sand, which is approximately 10 feet wide. There is a sparse area
of coastal wetlands on the southern end of the property consisting primarily of Salt Meadow Grass
(Spa~~trna patens). An existing elevated walkway leads from the house to an existing private access pier.
The access pier extends from normal high water (NHW) a distance of 55' in length by 5' in width into
Banks Channel. The pier terminates into a "T-head" platform, measuring 16' in length by 16' in width.
An access ramp leads from the "T-head" platform onto a floating dock, measuring 16' in length by 8'in
width, which runs in the same alignment as the fixed pier. There is an existing boatlift, measuring 12' in
length by 12' in width located on the southern side of the floating dock. The existing docking facility
currently accommodates two (2) vessels.
The New Hanover County Land Use Plan classifies adjacent waters and high ground portion at the property
as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division
of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of
Marine Fisheries and they are OPEN to the harvest of shellfish.
PROPOSF,D PROJECT:
The applicant proposes to construct a floating dock to an existing pier system into Banks Channel.
A new floating dock, measuring 16' in length by 14' in width would replace the existing floating dock. The
proposed floating dock would run perpendicular to the shoreline. The proposed structure would provide
docking space for up to three (3) vessels. The application states that water depth in the area of the proposed
structure would be approximately -2 feet at mean low water (MLW).
10. ANTICIPATED IMPACTS:
The proposed floating dock construction would incorporate 224 sq. ft. of Estuarine Waters and Pubic Trust
Area. Minor increases in turbidity should be expected during construction. The proposed floating dock
would extend approximately 100 feet into a waterbody, which measures approximately 445 feet across. This
distance would conform with both the 1 /4 rule and the established pier lengths.
Submitted by: Robb Marrs Date: 8%29/07 Office: Wilmington
DCMMP-1 ~ ~~~~~ ~€~E~~E~,~G`~~~ Ff~~°. ~~It;~t
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APPLICATION for '''~ K
Mayor Development Permit o - 3 5
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name PRrofject Name (if applicable) }~ ;
Applicant 1: First Name MI Last Name
Egbert L. Davis, III
Applicant 2: First Name MI Last Name
Alexandra H Davis
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
2628 Tatton Drive Raleigh NC
ZIP Country Phone No. FAX No.
27608 -2053 USA 919-834-8 496 - - ext. 919-834-8496 - -
Street Address (if different from above) City State ZIP
Email
Idavis@wcsr.com (at office) and eldiii@aol.com (at home)
2. Agent/Contractor Information
Business Name
AgenU Contractor 1: First Name MI Last Name
AgenU Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
ZIP Phone No. 1
-
- ext. Phone No. 2
- - ext.
FAX No. Contractor #
Street Address (if different from above) City State ZIP
Email ~~C~~~E~
DCM ~ttILM~NGTnN,
AUG 2 ~ 2007
<Form continues on back>
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Form DCM MP-1 (Page ~,oftj~j
APPLICATION for
Major Development Permit
3. Project Location
~ ~.;
County (can be multiple) Street Address State Rd. #
New Hanover 43 Pipers Neck
Subdivision Name
City State Zip
Wilmington NC 28411 -
figure Eight Island
Phone No. Lot No.(s) (if many, attach additional page with list)
910-686-7459 - - ext. Lot 43, Block B, Section 11, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
N/A Banks Channel
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 between Inland Coastal Waterway and 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.
None, except Digure Eight Island Property Owners
Associaton
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
1d9 feet 26,499 sq. ft.
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
26,499 sq. ft., NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 12 feet ®NHW or ^NWL
e. Vegetation on tract
marsh grass, sea oats, beach grass, shrubs and small trees
f. Man-made features and uses now on tract
pier, floating dock, boat lift, beach house with paved driveway
g. Identify and describe the existing land uses adiacent to the proposed project site.
Adjacent lots on each side have piers, floating docks, houses and driveways Other two sides of lot are bounded by Pipers
Neck Road and by the sound.
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. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ^No ®NA
If yes, by whom? R E C E! V
I. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes ®No
National Register listed or eligible property?
:D
1N, NC
Form DCM MP-1 (Page~of~ ~ r~F APPLICATION for
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Major Development Permit
_}
<Form continues on next page>
m. (i) Are there wetlands on the site? ®Yes Q~lo
(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.
septic tank
o. Describe existing drinking water supply source.
well water provided by Figure Eight Utility Company
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 ^PubliGGovernment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
for boating, fishing and swimming
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.
Planks, fittings, fasteners and flotation materials for floating dock and pilings to which it is to be moored will be delivered to
the site by truck and boat. Existing floating dock is to be removed.
d. List all development activities you propose.
construction of floating dock and installation of pilings to which it is to be moored
e. Are the proposed activities maintenance of an existing project, new work, or both? both
f. What is the approximate total disturbed land area resulting from the proposed project? none ^Sq.Ft or ^Acres
g. Will the proposed project 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.
none
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
j. Is there any mitigation proposed? ^Yes ^No ®NA ~ ~~ E ~'~
If yes, attach a mitigation proposal. t
<Form continues on back>
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Form DCM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
6. Additional/reformation
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) - (f) 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 Gregory Smith Phone No. 336-288-9870
Address 41 Pipers Neck Rd., Figure Eight Island, Wilmington, NC 28411
Name George Jordan Phone No. 919-567-1919
Address 45 Pipers Neck, Figure Eight Island, NC 28411
Name 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.
No permit required or obtained in 1984, when dock was built. CAMA permit for boat lift issued to these applicants in 2003
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 June 28, 2007 Print Name _E. Lawrence Davis, III_
Signature tom- ~ ~ ~~-t-a .( u-
Please indicate application attachments pertaining to your proposed project. ~~~ ~ ~~~~/~~
^DCM MP-2 Excavation and Fill Information ^DCM MP-5 Brid es and Culverts ~''~~
^DCM MP 3 Upland Development g .~/(~~ e ~/~r~~' ~~
®DCM MP-4 Structures Information ~ '~ ~i1
RECEIVED
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Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
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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 ^PubliGGovernment Private/Community
^This section not applicable
b. (i) Will the facility be open to the general public?
^Yes ~No
c. (i) Dock(s) and/or pier(s)
(ii) Number
(iii) Length ~~~
(iv) Width ~ G'L~
(v) Floating Yes ^No
d. (i) Are Finger Piers included? ^Yes ~(No
If yes'
(ii) Number
(iii) Length
(iv) Width
(v) Floating ^Yes ^No
e. (i) Are Platforms included? ^Yes ^No f. (i) Are Boatlifts included? )<$1'es ^No
If yes:
' If yes: ~'~ ~ ~ ~- ~~ ~~/ ~'-JC i S ~! 4:C
(
(ii) Number
(ii) Number
J
th (3C 1 ' 1 (iii
(iii) Len
Len
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g
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G (iv) WidthLZ f',ee1"
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(v) Floating ^Yes ~No
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Note: Roofed areas
are calculated from dripline dimensions.
g. (i) Number of slips proposed h. Check all the types of services to be provided.
^ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing maintenance service
^ Dockage, fuel, and marine supplies
^ Dockage ("wet slips") only, number of slips:
^ Dry storage; number of boats:
^ Boat ramp(s); number of boat ramps:
^ Other, please describe:
i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
^ Land cut and access channel
^Open water; dredging for basin and/or channel c/h~a_rter-boats, sail boats, mixed type,,s(,).. 1_
y1 i'"~y''t+Cl ~CJ ld 7
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Open water; no dredging required ~ ~ ~ I' ~ ~ ~ ~ ~ -'1 G ~ ~",Q-.~'~'~
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^Other; please describe: _,,
~~
k. Typical boat length: ~ ~ C/ ~ I. (i) Will the facilit be open to the general public? ~° r~-~
^Yes „~No ~~~`E~'U~d
m. (i) Will the facility have tie pilings? r~°~RR an any{ p e4n1~+~rf~n~ n ~
~YeS ^NO [~~..r`F'I Nkk~l~~tllvl] I dj1v~ tv~
(ii~yesnumberoftiepilings? ,~I~~ ~~ ~ ~U~~
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2. DOCKING FACILITY/MARINA OPERATIONS .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?
~E~~f~E~
I. If this project is an expansion of an existing marina, what types of services are currently provided? ~~M WiI.MINGT(~N, NG
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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
~ .. •?7
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 Ieasehotder(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 ^PubliGGovernment ^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): b. Number
^Commercial ^Public/Government ^Private/Community
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
r~~~.. _.
7. GENERAL
a. Proximity of structure(s) to adjacent~ip*arian property lines b. Proximity of structure(s) to adjacent docking facilities
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water bo y
d. Water depth at waterward end of structure at NLW or NWL
i n c,'Y~ E 5
e. (i) Will navi,,g~~~--arrrtccri''onal aids be required as a result of the project?
^Yes I~rvo ^NA
(ii) If yes, explain what type and how they will be implemented.
8. OTHER ^This section not applicable
a. Give complete description:
Date
Project Name
Appli~~can~t N/~ame / ~7'
Applicant Signature
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~C~ WILMINGTQN, NC
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http://www.mapquest.com/maps/map.adp?formtype=address&searchtype=address&addtoh... 8/ 16/2007