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HomeMy WebLinkAbout20010038 Ver 2_CAMA Application_20141210AV T NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 9, 2014 Division of Coastal Manaaement MEMORANDUM: 2 0 1 4 1 2 7 4 TO. Karen Higgins 401 Oversight DEMLR - Surface Water Protection John E Skvarla, III Secretary DEC 10 2014 �n DENR WT,' �: zsuSOURCES 401 & tiur c - PERMITTING FROM: Jonathan Howell, NC DENR -DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT. CAMA / Dredge & Fill Application Review Applicant: Willard Buffkin Project Location: 229 Gazebo Ct., adjacent to Inlet Point Harbor Canal/ Mytrle Grove Sound, New Hanover County Proposed Project: replacement of an existing bulkhead 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 January 2, 1015. 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 SIGNED 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. DATE N C Division of Coastal Management 127 Cardinal Drive Ext , Wilmington NC 28405 Phone 910- 796 -7215 \ FAX 910 - 395 -3964 Internet www nccoastalmanagement net An Equal Opportunity � Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Willard Buffkin c/o Jimmy North 2 LOCATION OF PROJECT SITE Site is located at 229 Gazebo Court adjacent to Inlet Point Harbor Canal and Myrtle Grove Sound, in Wilmington, New Hanover County Photo Index — 2006: 21 -7379 N, 5 2000: 21 -259 0, 4 1995: 21 -241 N, 6 -7 State Plane Coordinates - X- 2336886 Y 118902 GPS —NA Lat: 34 °04'16 94 "N Long: 77 053'15 85 "W 3 INVESTIGATION TYPE CAMA/ D & F 4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 09/10/2014 and 09/15/2014 Was Applicant Present — Yes and Agent 5 PROCESSING PROCEDURE Application Received — 11/24/2014 (Completed) Office — Wilmington 6 SITE DESCRIPTION (A) Local Land Use Plan— New Hanover County Land Classification From LUP — Resource Protection (B) AEC(s) Involved CW, EW, PTA, ES (C) Water Dependent Yes (D) Intended Use Private (E) Wastewater Treatment: Existing- Municipal sewer Planned- N/A (F) Type of Structures Existing- Single family residence, pool, timber bulkhead, private docking facility Planned- New vinyl /timber bulkhead (G) Estimated Annual Rate of Erosion —2' per year per property owner monitoring 7 HABITAT DESCRIPTION [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) (B) Non - Vegetated Wetlands (Open Water) 72 sq ft 96 sq ft (C) Other - Highground disturbance 1,230 sq ft (D) Total Area Disturbed 1,390 sq ft (0 03 acres) (E) Primary Nursery Area Yes (F) Water Classification SA Open Closed 8 PROJECT SUMMARY The applicant proposes to construct a new bulkhead waterward of existing timber bulkhead Willard Buffkin Page 2 PROJECT DESCRIPTION The project site (property) is located at 229 Gazebo Court (off NC Hwy 421), off Inlet Point Canal which is adjacent to the AIWW /Myrtle Grove Sound, in Wilmington, New Hanover County To locate the property from Market Street travel south on College Road (NC Hwy 132) and continue south for approximately 5 miles on Carolina Beach Rd (NC Hwy 421) Make a U -turn on Carolina Beach Road lust past the entrance to Inlet Point Harbor Subdivision, then take the first right onto Inlet Point Drive and keep to the right on Inlet Point Drive South until you reach Gazebo Court Turn left onto Gazebo Court and continue east until you reach the property of interest There is a gate at the entrance to the subdivision and the gate code is #4633 Existing structures on the project site include a single family residence, pool and a private docking facility, which includes an access pier ( -6 feet x 280 feet) and a partially covered platform ( -28 feet x 40 feet) into Myrtle Grove Sound authorized under CAMA General Permit No 22459 -D, which was issued on 3/21/2000 The project site is approximately 0 87 acres and is vegetated primarily with maintained lawn grass and ornamental landscaping The project site has approximately 500 feet of shoreline frontage along Inlet Point Harbor canal and Myrtle Grove Sound, which is currently stabilized with a combination of fiberglass and timber sheet -piles The portion of the shoreline along the northern end of the property and the Inlet Point Harbor canal apparently is maintained by the Inlet Point Harbor Home Owners Association (HOA) The remaining is maintained by the applicant and was authorized under CAMA General Permit No 20661 -D, which was issued on 11/2/1998 The northeast portion of the shoreline appears to be experiencing increased erosion due to its proximity facing the AIWW and the mouth of the access channel to the east There is a small patch of Coastal Wetlands at this location consisting primarily of Smooth Cordgrass (Spartina alterniflora), which the substrate of this area is currently being undermined due to the increased erosion The remaining approximately 130 linear feet of bulkhead is located above the normal high water (NHW) boundary a distance ranging from approximately 8 feet to 14 feet The area between the NHW boundary and the existing timber bulkhead appears to be highground with upland type vegetation Waterward of this area of highground and the NHW boundary is an area of Coastal Wetlands, which consists primarily of Smooth Cordgrass (Spartma alterniflora) in an area of approximately 100 feet in width (See Sheets 1 through 4 of 4, on -site photographs and Project Narrative) , The New Hanover County Land Use Plan classifies the adjacent waters as Conservation and the adjacent high ground portion as Developed The waters of Inlet Point Canal and Myrtle Grove Sound are classified as SA, by the NC Division of Water Resources These waters are designated as PNA by the NC Division of Marine Fisheries and are closed to the harvest of shellfish PROPOSED PROJECT The applicant proposes to construct a new bulkhead waterward of existing timber bulkhead The application states that the initial 30 linear feet of the proposed 153 linear feet vinyl or timber bulkhead would be located approximately 2 feet to 8 feet waterward of the existing timber bulkhead along the most northeast portion of the property where the shoreline of the applicant's property is experiencing increased erosion The remaining approximately 123 linear feet of new bulkhead would be located dust above the NHW boundary and tie into the existing timber bulkhead along the applicant's southern property boundary The area between the new bulkhead and the highground would be filled with clean fill material from an upland source and would be brought in to bring the final grade up approximately 6 feet to match the existing grade of the existing bulkhead (See Sheets 1 through 4 of 4, on -site photographs and Project Narrative) 10. ANTICIPATED IMPACTS The proposed new bulkhead would incorporate approximately 96 sq ft of Estuarine Waters and Public Trust Areas and approximately 1,230 sq ft of highground for associated backfill material and tie -back anchor system The proposed bulkhead would incorporate approximately 72 sq ft sq ft of Coastal Wetlands, which primarily consists of Smooth Cordgrass (Spar ina alterrnflora) within the northeast portion of the shoreline experiencing increased erosion The bulkhead would disturb approximately 1,800 sq ft of highground for the associated backfill and tie -back anchor system Minor increases in turbidity should be expected during construction Submitted by: Robb Mairs Date: December 9, 2014 Office: Wilmington O'F 0r(L,3 j_6c. 1lc Pad d- i e�Q.�dJ:.vc�c�2e�l Do�� fir: — rye �l u S c r, /Low t dGo,4 _a_.. �1�0 �e c gLCl!7 �2 ! u S -- 1 r i CIA e Our 6 L. L -tar op o t- �! �� -`YaN c e e �,) Gc `7 -4 e�o..� RECEIVED DCM WILMINGTO N NG NOY 9,1 MA Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name lopd Applicant 2 First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed Mailing Address PO Box City State ZIP Country Phone No FAX No- -a 14-10 0, 7/0 " )Sq TOOI?ext Street Address (d different from above) City State ZIP Email Business Name UCt 1 j i t tc Oi D iJ Agent/ Contractor 1 First Name MI Last Name Agent/ Contractor 2 First Narfie MI Last Name Mailing Address / / PO Box City State &31q Lj f d `'Z 5 U �r�l� ,� P �,( M r �� /0 _' ZIP Phone No 1 Phone No 2 qO g10-o23C - M,iext - ext FAX No Contractor # Street Address (if different from above) City State ZIP Email t M ,-t ILI M AJO <Form continues on baclo Xj i. '�ii7 r llt�tG 'R , 'iVC Aptry.f a a9 �tl�/ tp t{ 252 -808 -2808 :. 1- 888- 4RCOAST :: www.nccoastalmanagement.net Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address n !! Co State Rd # �e �,., a a� v e r- °pRo� a- r, -2 +e Lo C (,V-f- Subdivision Name p� City �! State Zip Phone No Lot No.(s) (if many, attach additional page with list) "'207 S- 91 p Z) 1?1 ext I I I , a In which NC river basin is the project located? b. Name of bodv of water nearest to nrnnnsed nrolect ,�bi"I -_I - i l c Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site `[ at I Manmade ❑Unknown 0 V'-14 f e- �ro o c So ce ti Z.�) e Is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed EW-es []No work falls within K-)F'cJ FCr��J r1' C v- o-- LL - �F a Total length of shoreline on the tract (ft) b Size of entire tract (sq.ft ) c Size of individual lots) �0o Q .5 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) 1 NHW or ❑NWL e Vegetation on tract /n")CLCa/),— C'( ti/O✓�j M(L/-S f Man -made features and uses now on tract i �, ; e- �� �'IoGN `�s doC_k �ocN L �f o u S el 0oe> g Identity and describe the existing land uses adjacent to the proposed project site ("e- 5; J.SI; . h How does local government zone the tract? i Is the proposed project consistent with the applicable zoning? ` �� �G / (Attach zoning compliance certificate, rf applicable) Wes ❑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 Oto ❑NA If yes, by whom? I Is the proposed project located in a National Registered Historic District or does it involve a []Yes 0No []NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC NOV 2 4 2014, 252- 808 -2808 :: 1- 888- 4RCOAST :: www.necoastalmanagement.net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the site? gYes []No (ii) Are there coastal wetlands on the site? Ares ONO (iii) If yes to either (i) or (ir) above, has a delineation been conducted? []Yes ONO (Attach documentation, if available) n Describe existing wastewater treatment facilities. C o (A "-' (� 1 3 P r.�3 e' o Describe existing drinking water supply source c c y p Describe existing stone water management management or treatment systems KIM! .-i. _, a Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government� EPnvate /Community b. Give a brief description of purpose, use, and daily operations of the project when complete. r �t 't 10 P f�.� 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 f / Clio J !J(a•^�liµc.G�� e- 0 '-10/CSS01`ILU1V(G' of yu��MeL� s 1G��0� Ott 6%qe, d List all development activities you propose 0.'11 "u c`{ a I, u1L(c�aa� e. Are the proposed activities maintenance of an existing project, new work, or both? N e -0 C-, o r 14-- f What is the approximate total disturbed land area resulting from the proposed project? �8 b SSq 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 a`( nd type of existing and proposed discharges to waters of the state S CA.- 7r C e !' ., o4 1 C i Will wastewater or stormwater be discharged into a wetland? []Yes KNo ❑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 RNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on bacEc> DCM WILMINGTON, NC N 0 V 2 f1 2014, 252 - 808 -2808 .. 1- 888- 4RCOAST .. www.nccoastaimanagement.net Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 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 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 marl 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 �lP e.y Phone No 1.o; /M, /0,C ;?8 '/v7 ci/)-- DU- 7 -�2�J Address _Q 1 3 C ft, b r',-) e/ g Arlist of previous state or federal permits issued Yi for lwork on the project tra nclude permit numbers, permittee, and issuing dates l7 0106 1 11 ez r'(l e q, i+ e /�' — �1 �o�� DC I�h Cf I h Signed consultant or agent authorization form, d 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 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 Ty knowledge. Date ev Print Name ':7 i n /moo Signature Please indicate application attachments pertaining to your proposed project *CM 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 NOV 2" 4 204 252 - 808 -2808 :: 1- 888- 4RCOAST :: wwrw•necoastalmanagiement.net Form DCM MP -2 7_ 4:1111"inI (Except for bridges and culverts) Attach this form to Joint Application for LAMA 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 AThis 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 (i) Does the area to be excavated include coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the numoer of square feet affected ❑CW []SAV ❑SB OWL ❑None (u) Describe the purpose of the excavation in these areas d High- ground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL XThis section not applicable a Location of disposal area b Dimensions of disposal area 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 ❑WL dNone (ii) Describe the purpose of disposal in these areas d (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (n) If yes, where) (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? DCM WILMINGTON, NC NnL, Fi 11z cay Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL ) stabilization Length Width Avg Existing NA NA Depth / Final Project NA NA Depth 1. EXCAVATION AThis 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 (i) Does the area to be excavated include coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the numoer of square feet affected ❑CW []SAV ❑SB OWL ❑None (u) Describe the purpose of the excavation in these areas d High- ground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL XThis section not applicable a Location of disposal area b Dimensions of disposal area 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 ❑WL dNone (ii) Describe the purpose of disposal in these areas d (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (n) If yes, where) (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? DCM WILMINGTON, NC NnL, Fi 11z cay 3. SHORELINE STABILIZATION []This section not applicabre (If development is a wood groin, use MP -4 — Structures) 2 T—. of ch—l— 0Ah1l17ahnn b Length 3 Bulkhead ❑Riprap (]Breakwater/Sill ❑Other aP c Average distance waterward of NHW or WL ' if�l w e Type of stabilization material �� t( 0 W 'S Q 'U Ci' g Number of square feet of fill to placed below water level Bulkhead backfill iprap Breakwater /Sill Other I Source of fill material -f -'LlC 1d4;.� n Width Py d Maximum di ace waterward of NHW or NWL (i) Has there been shoreline erosion during preceding 12 months'? XYes ❑No ❑NA JV- (ii) If yes, state amount of erosion and source of erosion amount information 1 ^' Z f VI's s i! :�l�iiSilr'Z art � h Type of fill material iQ C 4. OTHER FILL ACTIVITIES Whrs section not applicable (Excluding Shoreline Stabilization) n n1 Will Fill material be brouaht to the site? ❑Yes []No ❑NA _b...___(i) Will fill material be placed In coastal wetlands /marsh (CW), If yes, (ii) Amount of material to be placed in the water (m) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a How will excavated or fill material be kept on site and erosion controlled? C (i) Will navigational aids be required as a result of the project? ❑Yes Flo []NA (ii) If yes, explain what type and how they will be implemented Date Project Name submerged aquatic vegetation kbAV j snen oouom tzof, ui 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 611 in these areas b What type of construction equipment will be used (e g , dragline backhoe, or hydraulic dredge)? 04A i / j+ f U 1 �1 GcC (l S 'OGC C_ t 0 = d (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ,�o ❑NA (u) If yes, explain steps that will be taken to avoid or minimize environmental impacts -JiMn Applicant Name i !App ant St nature RECEIVED DCM WILMINGTON, NC NOV 2 42014 IOU 91 AO'�N Vk OBAJ r , LA J � t V ! r l l l l I I ! , i Al I. !j I - it ! I i - I I !I II •,( I I I I I! i I I I I i NOV 2, Olt I .�I�I,Ii IIIII! II i TIT I (CJ jro �, I ! r l l l l I I ! , i Al I. !j I - it ! I i - I I !I II •,( I I I I I! i I I I I i NOV 2, Olt I .�I�I,Ii IIIII! II i I ! r l l l l I I ! , i Al I. !j I - it ! I i - I I !I II •,( I I I I I! i I I I I i NOV 2, Olt I .�I�I,Ii IIIII! II i I I , i I , I _► ! I i i I I i I - I_ i_ ' 4ECE11VEP - L 1 GTN, N©' - -- gn