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HomeMy WebLinkAbout20071525 Ver 1_CAMA Application_20070907 ~~~ ~~_ 07-1525 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 Ual, September 6, 2007 SEP 7 -- 2007 MEMORANDUM: w~rrati SAh~ ~~~~,QjE~i$~tC~~ TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Ouality-Surface Water Protection FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Laurin H. Cooke Project Location: 1683 Rabbit Tr. SW, adjacent to the AIWW, in Ocean Isle Beach, Brunswick Co. Proposed Project: to construct private pier, L-head and floating dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 1, 2007. If you have any questions regarding the proposed project, contact Debbie Wilson 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 Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Laurin H. Cooke 2. LOCATION OF PROJECT SITE: 1683 Rabbit Trail SW, adjacent to the Atlantic Intracoastal Waterway, near the Town of Ocean Isle Beach, in Brunswick County Photo Index - 2006: 1-6155; C-E, 10-11 2000: 1-8; B-D, 10-11 1995: 1-8; -D, 7-8 State Plane Coordinates - X: 2168658 Y: 54022 GPS: N080718A Lat:33°53'49.66105"N Long: 78°26'39.53753"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/07/07 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 06/29/07 complete on 08/13/07 Office -Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan- Ocean Isle Beach Land Classification From LUP -Developed, Residential (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Septic tank Planned- None (F) Type of Structures: Existing- Single-family residence Planned- Private pier and floating dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non-Vegetated Wetlands (Open Water) 1,884 sq~ ft. (shaded) 1,062 sq. ft. (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed: 2,946 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA, HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a private pier, L-head and floating dock. Laurin H. Cooke Page 2 9. PROJECT DESCRIPTION The project site is located at 1683 Rabbit Trail SW, adjacent to the Atlantic Intracoastal Waterway, on the mainland side of Ocean Isle Beach, in Brunswick County. To get to the site from Wilmington take US Highway 17S to Ocean Isle Beach Road SW and travel approximately 3.5 miles to NC-179 / NC- 904. Turn right onto NC-179 / NC-904 and travel approximately 0.2 miles to Gause Landing Road SW. Turn right onto Gause Landing Road SW and travel approximately 0.3 miles to Rabbit Trail SW. Turn left onto Rabbit Trail SW and travel approximately <0.1 miles to the project site, which is located on the right. The subject property consists of a residential lot, approximately 0.44 acres with approximately 72 linear feet of shoreline frontage. The property is bordered by the Atlantic Intracoastal Waterway to the south and residential development to the north, east and west. The application states that the subject property averages approximately 20 feet above Normal High Water (NHW). Existing highground development includes a single family residence with upland vegetation consisting of lawn grasses, landscape shrubs, mature hardwoods and other woody species, which include: Oak (Quercus spp.), Redcedar (Juniperus virginiana), Southern Magnolia (Magnolia grandiflora) and Loblolly Pine (Pinus taeda). Waterward of the upland vegetation is a vast stance of coastal wetlands, which border the southern side of the property and span approximately 314' from the normal high waterline (NHW) to the AIWW. The coastal wetlands consist primarily of Salt Marsh Cordgrass (Spartina alterniflora). The Brunswick County Land Use Plan classifies the upland areas of this project as Developed, Residential. The waters of the project site are classified as SA H W by the NC Division of Water Quality. The NC Division of Marine Fisheries has designated this area of AIWW as a Primary Nursery Area, and the waters adjacent to the proposed project are closed to the harvesting of shellfish. PROPOSED PROJECT The applicant proposes to construct a private pier, an " L"platform and floating dock into the AIWW. As proposed, the pier would extend in a southeasterly direction into the AIWW and would measure approximately 453' in length by 6' in width and would be elevated a minimum of 3' above the marsh substrate (see Sheet C1). The applicant is also proposing an "L"platform measuring approximately 10' in length by 10' in width, which would be located at the terminal end of the proposed pier. As proposed, t here would be a ramp located on the terminal end of the platform measuring approximately 16' in length by 4' in width, which would lead to a floating dock measuring approximately 16' in length by 8' in width running perpendicular to the AIWW. As proposed, the structure would provide dockage for two vessels. The application states that the average water depth at the location of the proposed floating dock is approximately 1' at Normal Low Water (NLW). Laurin H. Cooke Page 3 10. ANTICIPATED IMPACTS The proposed access pier would result in the shading of approximately 1,884 sq. ft. of coastal wetlands. The proposed docking facility would incorporate approximately 1,062 sq. ft. of estuarine waters and public trust area. Due to the limited amount of water, there will be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers accessing the docking facility at low tide. The proposed docking facility would extend approximately 176 feet into a waterbody that measures approximately 774 feet across. This distance conforms to the 1/4 width rule. As proposed, the structure would not encroach into the 80' USACE Federal Channel Setback and would also meet the 15' Riparian Corridor Setback. Minor increases in turbidity should be expected during construction. Submitted by: Debra Wilson Date: 08/31/07 Office: Wilmington BOWMAN DESIGN 8s ENGINEERING ~' ' ' 1'''i J SERVICES, PA 143 Holden Beach Road, Suite 3, PO Box 748, Shallotte, North Carolina 28459 Phone: 910-755-6526 Fax: 910-755-6527 Project Narrative Laurin Cooke 1683 Rabbit Trail Proposed Development.• Chauncey and Laurin Cooke propose to construct a residential dock system at 1683 Rabbit Trail in Ocean Isle Beach, Brunswick County. The proposed dock system consists of a 6' wide pier, 453' long. At the end of the pier, a 10' x 10' fixed platform and a 8' x 16' floating dock are proposed. There is an existing residence on the upland of this property. RECEIVED OCM WILMINGTON, NC BUG 1 3 2Q07 iCN N!-1 APPLICATION for Maior Development Permit (last rovls~d 1 ?J17/06) North Carolina DIVISION OF COASTAL MANAGEMENT i. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NIA N/A Applicant 1: First Name MI Last Name LAURIN H COOKE Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 623 UPPER SONDLEY DRIVE N/A Asheville NC ZIP Country Phone No. FAX No. 28805 USA 910 -443 - 9192 ext. N/A N/A - - Street Address (~f different from above) City State ZIP N/A N/A N/A N/A- Email N/A 2. Agent/Contractor Information Business Name Bowman Design & Engineering Servcies, Pa AgenU Contractor 1: First Name MI Last Name Elizabeth M Nelson, PE AgenU Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State N/A 748 Shallotte NC Zlp Phone No. 1 Phone No. 2 28459 910 - 755 - 6526 ext. N/A - - ext. FAX No. Contractor # 910 755 6527 N/A Street Address (if different from above) City State ZIP 143 Holden Beach Road, Suite 3 Shallotte NC 28470 - Email enelson ~ atmc.net <Form continues on back> RECEfVEl7 DCM WILMINGTON, NC JUN ~ 9 2007 ~a~2_gra~..,~~3r78 ,. _5~:~,-~~"~r<."~' ~~..rr~~.=~;..5?_,,~~~~z~n.~~te~ t.n~f 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 1683 RABBIT TRAIL SW N/A Subdivision Name City State Zip N/A OCEAN ISLE BEACH NC 28469 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. N/A, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber 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. OCEAN ISLE BEACH ETJ 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 72 FT 19,010 SF c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, NWL (normal water level) (!f many lot sizes, please attach additional page with a list) 0-20 ®NHW or ^NWL e. Vegetation on tract Coastal marsh, residential grass f. Man-made features and uses now on tract DEVELOPED AS RESIDENTIAL PROPERTY -HOUSE AND DRIVEWAY g. Identify and describe the existing land uses d'ac n to the proposed project site. RESIDENTIAL h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-3, RESIDENTIAL (Attach zoning compliance certificate, ff 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? N/A 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> R EC E ~ v ~ U DCM WILMINGTON, NC JUN 2 9 2001 2,~a~-$t3~~2F3o8 ., 1-fi~3--~~d~Ox:~~if ,. ;,. -;: ~+~r;:;c~~~i~:I~~;~rr~agay,~:ea:t.etet 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. Existing on-site septic system o. Describe existing drinking water supply source. Water supplied by Brunswick County p. Describe existing stone water management or treatment systems. Surface runoff sheet flows 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ^Commercial ^Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residence with docking facitility to access the Atlantic Intracoastal Waterway 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 construction will be used d. List all development activities you propose. Construction of a 6' pier, 10' x 10' platform, 4' x 16' ramp, and 8' x 16' floating dock. 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? 0 ^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. Surface runoff sheet flows to the atlantic intracoatal waterway 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 If yes, attach a mitigation proposal. FiECEIVEU <Form continues on back> aC1v1 WILMINGTON, NC :IUN 2 9 2007 ~t`; ~-d3v~°d~~F#S~.. '~-~~5~-~3~. ~. ~1 ~k ,'~;~•n ., i.,-, 'Aa',k ~.;:r'.v~">'.~:?'3 c'i S`Y i3 yy ;a: i1 £e %:~~;ELi 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 onier for the application package to be complete. Items (a) - (~ are always applicable to any major development application. Please consuR fhe application instruction booklet on how to properly prepare the required items bebw. 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 cert'rfied 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 Shelton W et Libby Mercer Phone No. Address P.O. Box 5337, Ocean Isle Beach, NC 28469 Name Jean P Miller Phone No. Address 1728 Elbert Lane, Ocean Isle Beach, NC 28469 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. 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 13, 2007 Print Name Elizabeth M. Nelson, Authorized Agent Signature Please indicate application attachments pertaining to your proposed project. ^DCM MP-2 Excavation and Fill Information ^DCM MP-5 Bridges and Culverts ^DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC ,lUN ~ 9 200' 252-808-2£308 .. '#_R6~g,,~~t~%-,^~:?lf .. ~~i,-~~.:-,,.;cvz~st~3r,ars~zg~rne~tt,r-at 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/MAR/NA CHARACTER/ST-CS a. (i) Is the docking facility/marina: ^Commercial ^PubliGGovernment ®Private/Community d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating b. (i) Will the facility be open to the general public? ^Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 453' (iv) Width 6' (v) Floating ^Yes ®No e. (i) Are Platforms included? ®Yes ^No If yes: (ii) Number 2 - 1 fixed 10' x 10, 1 floating 8' x 16' (iii) Length 10'. 16' (iv) Width 10', 8' (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 2 (ii) Number of slips existing 0 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: N/A k. Typical boat length: 19' m. (i) Will the facility have tie pilings? ^Yes ®No (ii) If yes number of tie pilings? N/A ^This section not applicable Piers included? ^Yes ®No N/A N/A N/A ^Yes ^No f. (i) Are Boatlifts included? ^Yes ®No If yes: (ii) Number N/A (iii) Length N/A (iv) Width N/A 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: 2 ^ Dry storage; number of boats: N/A ^ Boat ramp(s); number of boat ramps: N/A ^ Other, please describe: N/A j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout I. (i) Will the facility be open to the general public? ^Yes ®No REC~lVED DCM WfLMINGTON, NC AUG ~ 3 2007 ,., f ~~ 7 ~ . _. ,a " ..:~r~..~ ~'~b ~ __ ~ ,., . lr 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: N/A; Location: N/A ^ Showers ^ Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of "No Sewage Discharge' signs proposed. N/A (ii) Give the location and number of "Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? NA/ h• Give the number of channel markers and "No Wake" signs proposed. N/A i. Give the location offuel-handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live-aboard dockage? N/A k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? , wA REC~iVED M WILMINGTON, ~ m. Is the marina/docking facility proposed within a primary or secondary nursery area? A U G 0 ~ 2007 ^Yes ^No ~~.~ r ;~:.,y~ ~~s _. $ ''~:. ,..,.i~3_~~'s ~ __ _ i,~ t~~ a _~ , ('?:. 1~.. rat a~ .. ~, 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 N/A ^SAV N/A ^SB N/A ^WL N/A ^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. N/A 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ^Commercial ^PublidGovernment ^Private/Community (ii) Number N/A (iii) Length N/A (iv) Width N/A Note: Roofed areas are calculated from dripline dimensions. 4, GRO/N (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number N/A (ii) Length N/A (iii) Width N/A 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length N/A b. Average distance from NHW, NWL, or wetlands N/A c. Maximum distance beyond NtiVN, NWL or wetlands N/A 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ^Commercial ^PubliGGovernment ^Private/Community c. Distance to be placed beyond shoreline N/A Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number N/A d. Description of buoy (color, inscription, size, anchor, etc.) N/A RECEIVED ACM WILMINGTQN, N AUG 0 ~ 2007 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 22 FT Approximately 22' from adjacent dock system Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 774 FT d. Water depth at waterward end of structure at NLW or NWL 1 ft at NLW e. (i) Will navigational aids be required as a result of the project? ^Yes ®No ^NA (ii) If yes, explain what type and how they will be implemented. N/A ~ 8. OTHER ®This section not applicable a. Give complete description: N/A 08/03/07 Date Dock Design for Laurin Cooke on Rabbit Trail SW Project Name Elizabeth M. 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