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HomeMy WebLinkAbout20141034 Ver 1_CAMA Application_201409262 0 1 4 1 0 3 4 Ann"i 0 �y �l NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 25, 2014 a LO I -r' Division of Coastal Management S EP 2 6 2014 MEMORANDUM: _ f TO: Karen Higgins 401 &BUFFER PERMI CES ING 401 Oversight DEMLR - Surface Water Protection FROM: Jonathan Howell, NC DENR -DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11- 12 -09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Barry Go /ob, et al. Project Location: 6615 -6623 W Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick Co. Proposed Project: to add additional sandbags to existing bags Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 18, 2014. If you have any questions regarding the proposed project, contact Heather Coats at (910)796 -7424 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 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910 - 796 -72151 FAX: 910 - 395 -3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DIVISION OF COAS'T'AL MANAGEMENT FIELD INVES'T'IGATION REPORT 1. APPLICANT'S NAME: Barry Golob, et al 2. LOCATION OF PROJECT SITE: Project site is located at 6615 -6623 W Beach Drive, in Oak Island, Brunswick County Photo Index - 2006 8- 6,161, W, 17 -18 2000 8 -68, W, 18 -19 1998 4 -61 S, 1546 State Plane Coordinates - X: 2235472 Y: 60189 Rover File: None Lat:33 °54'46.22 "N Long: 78 113'26.44 "W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/17/14, 4/30, 5/7, 5/30, 6/18, 9/8, 9/23 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — Complete 7/30/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Yaupon Beach (Town of Oak Island) Land Classification From LUP - Developed (B) AEC(s) Involved: OH (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - N/A (F), Type of Structures: Existing — Single - family residences, existing sandbags Planned - Additional sandbags to protect threatened homes (G) Estimated Rate of Erosion: 2' /yr Source — 2011 LTAASCR Update 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands §404 wetlands (B) Non - Vegetated Wetlands Other — High ground 7,500 sq ft (D) Total Area Disturbed: — 7,500 sq ft (0 17 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open No 8. PROJECT SUMMARY: The applicant proposes to add additional sandbags to existing bags to protect,the threatened residences Barry Gofob; et al. Page Three I�ROPOSkD PROJECT: The applicants are proposing to add additional sandbags on top and landward of the, existing "sandbags to increase the, height and width of the revetment They are proposing to, maintain the height of the sandbag revetment to the existing elevations at the top of the erosion _ escarpment This elevation ranges from 1126' to 157'NAVD88 (see attached survey labeled Sheet 4 of 4) The bottom of the existing escarpment ranges from approximately 5 5' to 7 5' ,NAVD 88 at this'time, which translates to a current elevation difference ,of approximately 6 -8' ,from top to bottom. The apphcants,are additionally proposing a, maximum 30' base width for the bags_ The.applicants are also proposing to truck in beach compatible sand from an upland source to cover the sandbags Sand would not be placed waterward of the sandbags 10. ANTICIPATED IMPACTS: The project would result in impacts to 7,500 square feet of Public Trust Area- approximately 5,000 square foot which is,curtently occupied ,by existing sandbags Submitted by: Heather Coats gDate:� September 24;2014 Office: Wilmington ACM Mr-1 APPUCATION for Maier Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Agent/ Contractor 1: First Name Proposed Sandbag Project -- Oak Island, West Beach Applicant 1: First Name MI Last Name Mailing Address Barry P Golob State Applicant 2: First Name MI Last Name ext. See attached FAX No. Contractor # If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Email State 10820 Hob Nail Court Potomac MD ZIP Country Phone No. FAX No. 20854 Montgomery 301 - 920 - 6655 ext. 202 - 618 - 4843 Street Address (if different from above) City State ZIP 6615 West Beach Drive Oak Island NC 28465 - Email bgolob @cozen.com 2. AgentlContractor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name Agent/ 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 <Form continues on back> 252 -808 -2808 .. 1- 888- 4RCOAST .. www.nccoastalmanagement.net RCEIVED DCM WIEM NG ON, NC SEP 2 4.20111 Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location a. Total length of shoreline on the tract (ft.) County (can be multiple) 250 Feet c. Size of individual lot(s) Brunswick County NC Street Address NWL (normal water level) State Rd. # 9 ft NNHW or ❑NWL 6615, 6617, 6621, 6623 West Beach Drive Each tract has dune grasses including sea oats Subdivision Name City g. Identify and describe the existing land uses adjacent to the proposed project site. State Zip i. Is the proposed project consistent with the applicable zoning? Oak Island NC 28465- Phone No. Lot No. (s) (if many, attach additional page with list) 301 - 920 - 6655 ext. If yes, by whom? a. In which NC river basin is the project located? L R7 ER b. Name of body of water nearest to proposed project urn 1Zo'k'u_ Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural ❑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 NYes ❑No work falls within. Oak Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 250 Feet c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 5000, 7500, 7500, 5000 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 9 ft NNHW or ❑NWL e. Vegetation on tract Each tract has dune grasses including sea oats f. Man -made features and uses now on tract Single family residences g. Identify and describe the existing land uses adjacent to the proposed project site. I Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R7 (Attach zoning compliance certificate, if applicable) []Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yac NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo [DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252 -808 -2808 ' - 888.4RCOAST :- RECEIVED DCM WILMINGTON, NC SEP 2 4 2014 IForm'DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the,site? ❑Yes ®No (n) Are there coastal wetlands on,the °site? ❑Yes ®No (w) If yes to either(i)=or (n) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n, Describe existing wastewater treatment facilities Municipal sewer ,o Describe existing drinking water supply source City water p Describe existing storm water management or treatment systems None L 5 l 5. -A dfWthi sand Impacts � �' � � � � `� � � ` , "� S -`� : - �� � - v � D3 r a Will the project be for commercial, public, or pnvaWuse? []Commercial ❑PubficlGovemment ®Private /Community b Give a brief description of purpose, use, and daily operations of the project when complete Protect homes from beach erosion 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 Add sandbags to existing sandbag installation using standard equipment and practices d List all development activities you propose Adding additional rows of sandbags 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? 7500 ®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 N/A F i Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged,water,be of th&same salinity as the receiving water? ❑Yes ❑No ❑NA j Is there any mitigation proposed? ❑Yes ®No ❑NA jf yes, attach a mitigation proposal <Form continues on back> RECEIVED ,DCM WILMINGTON, NC UP 9 d 9n14 2`52- 808 -2808 :. 1- 8188- 4,RCOAST :: www, ,.nccoasta,l�ma,nage+ment,.,net Form DCM MP -1 (Page 4 of 4) APPLICATION for 4 Major Development Permit 6. Additional'information In addition to this`cornp/eted application form, (MP= 1) the following items below, if applicatile,,must,be submitted, in order,`for thetapphcahon - package to 'be complete Items (a) — (f) are always applicable to any major development application Please consult ,the'appbcahon - _ instruction booklet on,how to properlylprepare 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 Cathy Lovejoy - 'Phone No 33'6556 9598 Address 6613 West Beach,Dr -, Oak-,lsland, NC ' Name Jefferson and Sarah Powell Phone No Address 321 E Street, NE, Washington DC 20002 Name - ,K 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 Golob General Permit No 63907, dated 5/21/14 Litz General Permit No 63905, dated 5/21/14 Davenport General Permit No 63906, dated 5/21/14 Atkinson General Permit No 63904, dated 5/21/14 h Signed consultant or agent authorization form, if applicable i Wetland delineation, if necessary I 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 September 16, 2014 Print Name arty Golob Signature T- -6 �, ) V 1J 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 SEP 2 4 2014 252 - 808 -2808 .. 1- 888- 4RCOAST . wwvv.nccoastaImanagement net I ADDITIONAL APPLICANTS FOR MAJOR PERMIT FOR PROPOSED SANDBAG PROJECT -OAK ISLAND, WEST BEACH Mark Davenport 6617 West Beach Drive Oak Island, NC 28465 919.708.8814 markdaven port Pwindstream -net David and Vonciile Litz 6621 West Beach Drive Oak Island, NC 28465 704.281.2848 VoncillelfDgMail.com Christopher Atkinson 6623 West Beach Drive Oak Island, NC 28465 919,426,4896 Christooh340arnail.com RECEIVED DCM WILMINGTON, NC SEP242014 I1 Form DCM MP -2 4 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 givenJn feet ,1, . -,EXCAVATION, _ x ` ,' ®Thrs section not a hcab/e ¢' a Amount of material to be excavated from below-NHW or NWL in b Type of material to be excavated cubic yards c (i) Does the area to be excavated include coastal wetlandstmarsh (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 (u) Describe, the, purpose of the excavation in these areas 82.-�DISPOSAL OF EXCAVATED °Mi4TER /AL - a Locatiomof disposal area c (Q Do you claim titleAo disposal,area? ❑Yes ❑No ❑NA (u) If no, attach a letter granting permission from the owner e Q) Does the disposal;aree 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 ❑WL []None (u) Describe the purpose of disposal in these areas d High- ground excavation'm cubic yards b Dimensions of disposal area d (i) Will a,disposal area;be available for future maintenance? ❑Yes []No ❑NA (u) If yes, where? f (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (u) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC SEP 242014 252= 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 Accbss I Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL ) stabilization Length Width Avg. Existing Depth NA N.�A� _ Final Project = - Depth y -NA" 1'- Nik - - ,1, . -,EXCAVATION, _ x ` ,' ®Thrs section not a hcab/e ¢' a Amount of material to be excavated from below-NHW or NWL in b Type of material to be excavated cubic yards c (i) Does the area to be excavated include coastal wetlandstmarsh (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 (u) Describe, the, purpose of the excavation in these areas 82.-�DISPOSAL OF EXCAVATED °Mi4TER /AL - a Locatiomof disposal area c (Q Do you claim titleAo disposal,area? ❑Yes ❑No ❑NA (u) If no, attach a letter granting permission from the owner e Q) Does the disposal;aree 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 ❑WL []None (u) Describe the purpose of disposal in these areas d High- ground excavation'm cubic yards b Dimensions of disposal area d (i) Will a,disposal area;be available for future maintenance? ❑Yes []No ❑NA (u) If yes, where? f (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (u) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC SEP 242014 252= 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 4 Form QCM MP -2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑ This section not applicable (If development is a wood groin, use MP -4 — Structures) a. I ype of shoreline stabilization: ❑Bulkhead ❑ Riprap ❑Breakwater /Sill ®Other: C. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Sandbags g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0 Riprap 0 Breakwater /Sill0 Other i. Source of fill material. Beach -- inter tidal zone b. Length: 250 ft Width: 30 ft d. Maximum distance waterward of NHW or NWL 0 f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. From approx 40 -60 ft of dune erosion per property based on observation. h. Type of fill material. Sand I. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) I. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be olaced in coastal wPtlanrtc /march MW If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 250 ft x 30 ft (iv) Purpose of fill Cover sandbags 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? n/a C. ti/ vvnl 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. �P-�- (U I Date Proposed Sandbag Project -- Oak Island, West Beach Project Name submerged aquatic vegetation (SAV), shell bottom (S B), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: n/a b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Name nt Swwude RECEIVED DCM WILMINGTON, NC 4 2014 252-$08 -2808 - i- 888- 4RCOAST :: www.nccoastalmanagement.not revised: 12/26/06 ATTACHMENT 6A' ,, NARRATIVE PURSUANT`TO SECTION 6A OF MAJOR PERMIT FOR PROPOSED SANDBAG PROJECT -OAK ISLAND, WEST BEACH The ,homeowners applying for this major permit have experienced significant shorelme'erosion of about 40 -60 feet since January,2014 We installed sandbags under a,CAMA general permit in May 2014 The original height of the sandbags was six feet, but due' to settlement and shifting, the height,of the sandbags'above grade is much less at the present time. The present sandbags are not sufficient to arrest the continued erosion The homeowners are proposing to install additional rows,of sandbags on top of and behind the existing sandbags in order to protect their homes from water damage The resulting sandbags will be greater than 20 feet wide per the drawing; and up to 30 feet wide depending on the ensuing dune erosion and bag shifting We are,additionally requesting to be able to maintain those.sandbags at an elevation equal to the height of the escarpment, which ranges from 11 -15 feet as shown on the, attached survey We will also backfill with sand in order to cover the sandbags. Sand will come from an upland source that has already been approved by field staff The escarpment is presently more than five (5) feet above the sandbags due to the settlement and shifting of the bags The settled, sandbags, at high tide, as shown in the picture below, do not protect the dune from the intense wave action. Thus, without additional rows of sandbags the dune will continue to erode and our homes face imminent danger As shown in the pictures attached hereto on the next page, the erosion has now encroached on the foundation pilings resulting in an emergency situation. In fact, on September 17, 2014, the high tide was at 4 1 feet and nevertheless several feet of dune was eroded despite the sandbag installation from May because only one level of sandbag remains exposed for protection. 'DCM WILM NI GTON, NC SER242014 RECEIVED DCM WILMINGTON, NC SEP 242014 ATTACHMENT 6 B & C / � `' 8 • e `• --ti ®� V _ r • y �. �• • f ``, \�� �^ _\ 4 i � , ^ • 1 I ` _ \� � . j � ' `� -' )� � � f 1 1! � � `• � � � , m m � D n + --� � �� f. f• � !" `L �. 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NO �~ QQ �lllllllll llllllllll. lllllllllllllllllll� lllllllllllllllllll llllllllllllllllll��� lllllllllllllllllll llllllllllllllllll llllllllllllllllllm llllllllllllllllll llllllllllllllllll 'lllllllllllllllllle: llllllllllllllllll llllllllllllllllllo_ lllll�Dlllllllllll lllllzllllllllll lull�llllllllllo= lull;° lllllllll ;P� , lllllllllllllll llllllllllllll llllllllllllla_ llllllllllll x L F °u llllllllllll �llllllllll �lllllllll��� llllllllll lull l p N l<<<<llllP R I I I I I #m a, I �I a� I I I I I I I I I ary a m, I I I syj S m, I I I I I , T ~ of ol� DCM V ©,_ o� r D o rf 0 m m D D o--- 4 zo �z m D D � �m ,r z �m z� �o oo-) m D U� z o CD M X n (- _ zo 0 ;:o z� mo o o' m N D � m� m D 0 SEP 242014 ATTACHMENT 6 D