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HomeMy WebLinkAbout19890179 Ver 1_DCM Permit_20220412Permit Class Permit Number STATE OF NORTH CAROLINA Department of Environment, health & Natural Resources and Coastal Resources Commission for % Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 % Excavation and/or filling pursuant to NCGS 113-229 Issued to Mark Lewis, 199 Lewis Road, Hampstead, NC 28443 authorizing development in Point Pender 23-91 NOV 0 3 1995 U t. �-►._U . �J Countyat Topsail Sound, off SR1564 at Sloop as requested in the permittee's application " letter dated 9/25/95 This permit, issued on OCTOBER 30, 1995 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit renewal must be attached to the original of Permit No. 23-91 issued on February 8, 1991 and both documents must be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the original permit remain in force under this renewal unless altered herein. 3) Any change to the project from the workplans attached to the original permit will require a modification of this permit or other authorization from the DCM. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on October 31, 1997 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perrnittee FW t Class w STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources. Commission hermit Permit Number 23-91 , I' EB 111991 for-^--------,.-_ x Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 x Excavation and/or filling pursuant to NCGS 113-229 Issued to authorizing development in Pender Countyat Topsail Sound. off SR1564 at Sloop P as requested in the permittee's application dated 2/23/89 v.or'A z/in/ao ..ice., .ate+o.a 7/91/ao �'A "r This permit, issued on February 8. 1991 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) In order to protect juvenile shrimp and fin fish, no excavation or filling will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the N. C. Division of Coastal Management. 2) Excavation is limited to only those areas identified on the attached plan view plat dated 7/21/89. Additionally, no excavation may take place in the portion of the basin belonging to the adjacent riparian property owner, Ms. Patricia Myers. 3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1994 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee A; a Mark Lewis Permit #23-91 Page 2 of 4 ADDITIONAL CONDITIONS N 5) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. 6) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7) The spoil area will be graded smooth, in a convex shape, and provided a ground cover sufficient to restrain erosion within thirty (30) days of project completion. No depressions, which could cause the breeding of mosquitos, shall remain after grading and germination of grass. 8) The new bulkhead will not be positioned farther waterward than 2 feet from the alignment of the old, deteriorating bulkhead. 9) All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 10) The fill material will be clean and free of pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 11) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTUs or less are not considered significant. 12) The proposed piers will not exceed the dimensions of 60 feet long by 6 feet wide. 13) No sewage, whether treated or untreated, shall be discharged at any time from .,boats using the docking facility. -=Any sewage discharge at the docking-'�u, ' facility shall be considered a.violation.of this permit for which that) permittee is responsible. ',This-prohibition,shall be applied and enforced,', throughout the entire existence of the'permitted structure. 14) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a_permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 15) This permit authorizes development associated with boat building, repairs, and dockage of the permittee's fishing boats only. 16) The authorized structure and associated activity must not cause an unacceptable interference with navigation. A Mark Lewis Permit #23-91 Page 3 of 4 ADDITIONAL CONDITIONS 17) This permit does not authorize interference with any existing or proposed Federal project. 18) This project should be undertaken with caution. I£ during construction, submerged materials are encountered, the permittee should contact the Army Corps of Engineers -Wilmington District office who will notify the N. C. Dept. of Cultural Resources, pursuant to Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to 28, Article 3: salvage ofabandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298)'which gives the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands, including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention. 19) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third party. NOTE: Since the project is located in a community, the permittee should keep to a minimum noise and lights from the operation of the facility that could disturb neighbors.Furthermore, he should make all possible efforts to clean up debris from the project site and maintain the area in a litter - free manner. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent sand blasting residue and/or other facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent -waters could;, contravene state water, i quality., standards, thereby violating' state law. NOTE: Caution should be -used when entering and exiting .the facility via the access easement across the Benson property sous to not jeopardize any, patrons of the trailer park. NOTE: Drainage across the project site should be directed away from adjacent properties and Topsail Sound. Mark Lewis ADDITIONAL CONDITIONS Permit #23-91 Page 4 of 4 NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 254-4161 prior to commencement of any such activity for this determination. ^w . a♦STAr[ ^ �� 'f i i 9 IC39 J ....r State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary March 21, 1989 Director Mr. John R. Parker, Jr., Chief Major Permits Processing Section Division of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: The attached copy of an application submitted by: Mark Lewis Applicant's Name 1564 Lewis Road Pender Location of Projectoun y X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit .... for a CAMA major development permit (only) .... for a dredge and fill permit (only) .... has been reviewed by this District Office and is being forwarded to you along with a Field Investigation Report for further application processing, including circulation to State agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Office is covered on the reverse side; attached; will be forwarded Taber. i d1f h /' a �s Sincerely, �/ J es H. Herstine, Manager W lmington District B T a 1r i i Ti T� 1; tr4rc k d� P.O Box 27687 Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer 0 (A) This office has no objection to the project as proposed. (B) This office has no comment on the project as proposed. (C) This office approves of the project (or project concept) and/or recommends these minor refinements for project management. (D) This office objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)(1) ... that there will be significant (e)(2) ... that there will be signifi- adverse effect of the proposed dredg- cant adverse effect on the value ing and filling on the use of the and enjoyment of the property of water by the public; any riparian owners; (e)(3) ... that there will be significant adverse effect on public health, safety, and welfare; (e)(4) ... that there will be signifi- cant adverse effect on the con- servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries. (2) Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site rule. (3) Inconsistency with the local Land Use Plan (please elaborate). (4) Inconsistency with Rules, Guidelines, or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that support findings relating to D1-4; or provide general comments. ���7B� ignature 3-2 /- ffq DIVISION OF COASTAL MANAGEMENT WILMINGTON REGIONAL OFFICE (919) 256-4161 July 25, 1989 n MEMORANDUM To: George Matthis From: Tere Barrett Thru: Jim Herstine Re: Mark Lewis App 'cation Glen Lewis visited my office on July 21, 1989, and changed the sketch of the area to be dredged to correspond to the changes made in the application on May 25, 1989. Enclosed is the sketch showing new area to be dredged highlighted in black. cc: Preston Pate LIE Qf \7 I i Pl'er .� YEt J5� � :t _ f MEMORANDUM rNrp�0 s Igoe . w..w.............ou..w To: To All Reviewing Agencies From: Tere Barrett P Date: May 25, 1989 Subject: Revision to Permit Application for Mark Lewis C- Please find enclosed a revision to the application submitted by Mark Lewis on 2/23/89 and modified on 5/23/89. Items 6a and b have been changed to indicate a decrease in amount of new dredging to an area 20' x 601, or 133 cubic yards. This lessens the total amount dredged from 1866 cubic yards to 1333 cubic yards. Also enclosed is a revised bio report. TB:nbb Enclosures DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Mark Lewis 2. Location of project site 1564 Lewis Road, in the Sloop Point Community of Pender Countv adiacent to Topsail Sound. New Photo 22-47. Grid #K-6 3. Investigation type: Dredge & Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 3/1/89 (B) Was applicant present yes 5. Processing procedure: Application received 3/10/89 Office Wilmington 6. Site description: (A) Local Land Use Plan Pender County Land Classification from LUP Rural residential Development constraints identified in LUP Low intensity (B) AEC(s) involved: Ocean Hazard Estuarine Shoreline Coastal Wetlands Public Trust Waters X Estuarine Waters X Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private Commercial X (E) Type of waste water treatment: Existing N/A Planned (F) Type of structures: Existing House and monorail, bulkhead Planned Piers (G) Estimated annual rate of erosion Source 7. Habitat description: AREA Dredged Filled Other (A) Vegetated wetlands: (B) Non -vegetated wetlands: (C) Other: Shaded Open Water 12,000 s.f. (1333 cu. yd.) 1440 s.f. (D) Total Area Disturbed: 13,440 s.f. 8. Project Summary The applicant proposes to upgrade his existing boatyard by replacing the bulkhead, adding 4 docks, and dredging to -6' mlw the area that has shoaled in to -3' mlw. Mark Lewis Page two 9. PROJECT DESCRIPTION The project is located on Lewis Road (SR 1564) adjacent to Topsail Sound in the Sloop Point Community of Pender County. This part of Topsail Sound is just south of the mouth of Virginia Creek. This point of land extends into the waterway, leaving it vulnerable to the wave action of the AIWW. There is an area of remnant Spartina alternaflora, but due to the wave intensity there is no new growth. The bottom is sandy. The site is currently and historically used as a boat building and repair business, with some fishing as well. The tract is 1 acre in size. The property adjacent to the project site on the south has also historically been occupied by boat building and repair, as well as fishing. The property to the north is residential. The owner currently lives on the site, but plans on moving his house in order to have more room for boat maintenance. The area is typically highground, about 4' above the mhw level. On the north side of the property lies a manmade boat basin, 270' long and 80' wide. This area houses 3-4 fishing boats. The property is bulkheaded around the AIWW and the canal. There is a monorail existing on the high ground portion of the lot. The waterway is approximately 1000' wide at this point. It is open to shellfishing by the Division of Marine Fisheries, and is not a designated primary nursery area. The water is classified SA by the Division of Environmental Management. The applicant has recently obtained the shellfish lease for the bottom adjacent to the property. He plans to seed shellfish beds here. The Pender County Land Use plan lists this area as rural residential, restricted to low intensity uses. The project consists of the construction of 4 piers, 60' long by 6' wide. The middle two will be used as a travel lift to lift boats to repair on the high ground. The outer two will be used for docking of boats that can be repaired in the water, or for boats waiting for out of water repairs. There are to be two mooring pilings placed between the 3rd and 4th piers. The length of the piers is consistent with the 1/3 rule, and maintains more than 300' from the near edge ofthe federally maintained channel. The applicant plans to replace the portion of the bulkhead adjacent to the AIWW. This 135' section will be replaced in the same location, using cement sheeting. Mark Lewis Page three The applicant's boat basin has shoaled into an average of -3' mlw. He plans to dredge this to -6' mlw. In addition, he plans to dredge the area waterward of the bulkhead adjacent to the AIWW. This is the area in which he proposes 4 docks. This area averages anywhere from .5 mhw to -4' mlw. He plans to dredge only to the end of his 2 middle piers (60 ft. x 20 ft.). At this point, the water is approximately -6' mlw, dropping to -8' mlw, and to the AIWW. This area has not been previously dredged, but is adjacent to the waterway on one side, and the man made channel on the other. The bottom is sandy, with no apparent shellfish resources. There are some remnant Spartina alternaflora stems, but no evidence of new or recent growth. This area is subject to significant wave action. The dredging project between the piers, in addition to that in the boat basin, adds up to a total of approximately 1333 cubic yards. This is for 60' in width, 20' long adjacent to the AIWW, and 40' wide by 270' long in the basin. Both are to be dredged to -6' mlw. The dredging is to be done by dragline. The spoil will be placed on high ground farmland behind the applicant's property and in the applicant's yard. This property is also owned by the applicant's family. The disposal area is approximately 1000' x 500'. The spoil will be spread over the land to dry, and will then be graded to fill in holes and low areas in the applicant's road and driveway. 10. POTENTIAL IMPACTS The piers will shade approximately 1440 s.f. of open water. The dredging will impact a total area of 12,000 s.f. of intertidal area and open water. About 160 s.f. of this contains some remains of old growth Spartina alternaflora. The remainder is open water with a sandy bottom. The total amount to be dredged is 1333 cubic yards. The bulkhead will incorporate no new coastal resources as it is to be aligned in place of the existing bulkhead. Some increase in the amount of business done by the applicant can be anticipated with the upgraded facilities. Re: Approval for State Permit - Mark Lewis No objections to the project as proposed subject to the following conditions: 1. In order to protect juvenile shrimp and fin fish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Office of Coastal Management. 2. The bulkhead will be aligned in place of the existing bulkhead. 3. All back fill material will be obtained from a highground source and confined behind the permitted bulkhead. 4. No excavated or fill material will be placed at any time in any marsh or surrounding waters; outside of the alignment of the fill area indicated on the plat. 5. The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) days of project completion. 6. No double handling of material is allowed when excavating within a dragline. 7. This permit is not for a marina, but for boat repairs and construction. Please type or print., Carefully describe all an- ticipated development activities, including construc- cion,-excavatlion, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8.9 must be completed for all projects. APPLICANT a. Name A/ Address r State phoy Landowner or Authorized agent b. Project name (if any) --44�-, c. If the applicant is not the landowner, also vegi give th�wner's name and address. %V- '2 LOCATION OF PROPOSED a. Street address or secondary road A,�,, unrber,,, b. City ,community,,own, gr landmark c. County dm Is prop6sed'work within city limits or planning jurisdiction? Al o e. Name of body of water nearest project J a. Describe all development activities -you propose '(for example, building' a home, motel, marina, bulkhead, r iFr V 12 1 If you plan to build a marina,, also colmplete, and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? 2 ) C. Will the project be for community, private, or commercial use? d. Describe rlie planned use of the project. LAND =ANDVATER' V CHARACTERISTICS a. Size of entire tract— I/ b. Size of individual lot(s) c c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract e. Vegetation on tract G!, f. fv4an-made features now on tract i ', -, g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult -the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by- local-, government? i. How are adjacent waters classified? j. Hasa professional archaeological survey been carried out for the tract? If so, by whom? W5UPLAND DEVELOPMENT Complete this section if the -project includes any upland development. 3 . - a. e I Typand number of buildings; facilities, or structures "proposed b. Number of lots o s' ' r parcel c. Density (Give. the number of residential units and the units per acre.) d. Size of,area to be graded -.or disturbed e. If the proposed projectl_ opr- ke than one acre of lan�AIJ& tao A Resources must, an erosion as sedimen- tation control %t least 30 dyAbefore land disturbingactive CW-) 104pplicable ;NaL sedimentation and erosion cop . ir , &Y - - n submitted to the Divtv 114 f.?. Giv.e. the percenraA"8'the tract.;withm 75, feet of mean high, water to be covered by -im- permeable surfaces, -such -as pavement, buildings, or rooftops. g. List t'he matenals;`such as"marl, paver stone; ' asphalt, -or concrete, to be used for paved surfaces. h. If applicable, has a stormwater management plan been submitted.to:the_Division of En- vironmental Management? - i. Describe proposed sewage disposal and/or waste water treatment facilities. F b. Amourtt of material to be'excavated from m '-below water- level cubic yards'_; c. Type of material C .� d. Does the area to be excavated include marsh-' land, swamps, or other-weelands? : ` e.High ground excavation, in cubic yards ' f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal.area? -'`%-, j. Have 'these facilities received state or local If not, attach a letter granting permission; from approval?. the owner: k. -Describe-existing-treatment facilities. i:' Will a disposal area'be available for future _ "maintenance?� ' If so, where? _ . - -- j.. Doesthe disposal area include any'inarshla'nd, 1. 'Describe location and-'type',,of;discharges:to�' sviamplland,'of water aieasr' t ---waters: of the state -(for runoff, k. Will -the fill'mate ial be placed below mean'; sanitary -wastewater, mdustnal/comtnerual high water? %� i effluent; or =wash down' ). 1. "' Am"of ount fi11 In cubic.,yards n- Source of fill material .. _-_ .... _. ; _ m: WateYsu 1 'source o: 'Will. fill material be laced on marsh o— the'r- ; PP y P n. If. the:project.is.oceanfront developrnent,- wetlands? /Vo describe .the:stepslthat`-will be taken to main- = p; 'Dimensions of the wetland. to be filled / Aa n, e6tablished public;beach-;beach-or--pro-` q..' How will. excavate'd.or.fill-materialbe;kept'on vide -new access ' site .and erogio1. n controlled? o. ,If the project is; -on the gceanfront;..what.will ..... r ^What -.type -of construction equipment will be the elevation; above "mean se_a_level of the:'c. used (for, example draglirie, backhoe of ` first'habira6le floor? "hydraulic dredge)? _. v Ai�ATION ' ,r $,x t. s Wtll wetlanda.li'e crossed in transporting equip ment`to the project site? ^' If, er ex lam .. P. ] � Y ,J P _ .thesteps that will be taken to lessen en ' a. Describe below the -purpose of;proposed excava- uironmental ?impacts ` tion or --;fill activities (excluding bulkheads, . whichare covered m Section 7)' Length 'Nia ..Depth Access -channel; (MLW) or (NWI Boatliasm OEherfJbreak 'waterr pier ' boat ramp, roc k'jetty) ` --; Fill-placed-m wetland"o'r'bel'ov MHW Upland; areas ' '7 SHOREINES,TBIsIZATFION , i a Length of bulkhead or.riprap-- b. ''Average distance waterwaz of meanhigh iwater or normal, water. C. ,,,Shoreline-ero.'sion?dunng�preceding'12 months, in'. feet r d._ Type of bulkhead material. (`' e. t'Amount'of fill; rn cubic>`yards; to`be placed-`'' below mean high water f. _ _ Typeof fill material 8 ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims tide, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 1/2 x 11 whire paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division. of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d).�f �A Nan.. '1icl,I R turn " '� S Addres�� �J C Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). f 9 CERTIFICATiIQN ,AND PERMS-- SI®N TO.,ENTER ,ON LAND '_;;: Any permit issued in response to. this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further 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 ap- plication andfollow-upmonitoring of project. his T�}}� the ¢���L day ofy 19�L. . i X �✓i Landowner or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U,S. Army. Corps of En ' ers. See the map on the insidg fnegct appropriate DCM office number. "'. COhSTl1l`MPNPp pia pr;yL-„irGlCltd Rc� ,..� MAY o a 1989 ----- .--- ....... .. Dr. Bob Hogarth Box 769 3411 Arendell St. Morehead City, N.C. 28557 Dear Dr. Hogarth, 310 Moore's Landing Hampstead North Carolina April 29,1989 As a home owner at 310 Moore's Landing, Hampstead, North Carolina, we are concerned about the issuance of a permit for expanding the current boat building business to Mark and Glenn Lewis. Their current business is two lots away from our residence and we have had debris on our beach that appears to have come from their business. Since there are several boats anchored in the channel between the Lewis' and the Patricia Myers residence, it appears that a mini -marina is also becoming a part of their current business. Because of the pollution to the waterway, noise, possible danger to the shell fish beds, as well as cluttering our beaches and adversely affecting the property values in a residential area, we are hoping the expansion permit will be denied and the agency responsible for monitoring environmental protection will investigate the existing business. The residents of Sloop Point and Moore's Landing are in agreement about the aforementioned conditions. Thank you for your consideration. , Sincerely,' / _ .../: A John and Velva Vine cc: Mr. Preston Pate Mr. Rick Carpenter Mr. John Parker Mr. Robert Benton Mr. Jim Baker R� r' APR 13 1989 J; APR 1 9 1989 `L'5I7'Ci'L 310 Moores Landing Hempstead, North Carolina April 10, 1989 James Herstine 7225 Wrightsville Avenue Wilmington, NC 28403 re: CAMA application by Mark and Glen Lewis Dear Mr. Herstine, As new property owners with 175' of frontage on the intercoastal waterway, and being just two lots north of the property on which an application has been submitted for a permit to put four 60' docks and travel lifts at Sloops Point, we urge you to deny this permit on the following grounds. 1. Our property has a lovely sandy beach which could be destroyed by the addition of the traffic which would insue as the result of a marina. Fishing, clamming and swimming in this area would surely be effected. 2. The waterway stands to become more poluted by diesel fuel and debrie. The debrie that we have been cleaning from our beach consists of large pieces of timber with nails that we be- lieve comes from our neighbors present boat building business. 3. A sand bar has already been created next to our neighbor's dock which appears to be the result of one of the six or seven boats being anchored in the channel next to the dock and left running for between two or three hours by someone at the Lewis' residence. 4. It is our hope that the permit be denied. How- ever, if it is to be considered, we implore you to consider it only on the approximately 400, of shoreline where the Lewis's have their home, in- stead of next to our residence where they already have a boat building business. The debrie from their present boat building business is enough. Respectfully, . / -7 i Jphn and Velva Vine VCV/lh copy; file State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor George T- Everett William W. Cobey, Jr., Secretary Wilmington Regional Office Director 7225 Wrightsville Avenue Wilmington, NC 28403 (919) 256-4161 March 21, 1989 Mr. Mark Lewis 199 Lewis Road Hampstead, N.C. 28443 Dear Mr. Lewis: The Division of Coastal Management hereby acknowledges receipt of your application for state approval to replace your bulkhead, add four docks and dredge the area that has shoaled to -31 mlw. It was received on 3/10/89, and appears to be adequate for processing at this time. The projected deadline for making a decision is 5/24/89. An additional 75-day review period may be necessary and if so, you will be advised of the extension and the new deadline. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the site of your proposed project. You should post this card at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this Notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerel , Tere B�rr tt Field Representative TB:nbb cc: Jim Herstine, DCM Tommy Garris. LPO Hugh Heine, COA Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Oppomtnity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Mark Lewis 2. Location of project site 1564 Lewis Road, in the Sloop Point Community of Pender Countv adiacent to Topsail Sound. New Photo 22-47. Grid #K-6 3. Investigation type: Dredge & Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 3/1/89 (B) Was applicant present yes 5. Processing procedure: Application received 3/10/89 Office Wilmington 6. Site description: (A) Local Land Use Plan Fender County Land Classification from LUP Rural residential Development constraints identified in LUP Low (B) AEC(s) involved: Ocean Hazard Estuarine Shoreline Coastal Wetlands Public Trust Waters X Estuarine Waters X Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private Commercial X (E) Type of waste water treatment: Existing N/A Planned (F) Type of structures: Existing House and monorail, bulkhead Planned Piers (G) Estimated annual rate of erosion Source 7. Habitat description: AREA Dredged Filled Other (A) Vegetated wetlands: (B) Non -vegetated wetlands: (C) Other: Shaded Open Water 16,700 s.f. (1855 cu. yd.) 1440 s.f. High ground 100 s.f. (11 cu. yd.) (D) Total Area Disturbed: 18,240 s.f. 8. Project Summary The applicant proposes to upgrade his existing boatyard by replacing the bulkhead, adding 4 docks, and dredging to -6' mlw the area that has shoaled in to -3' mlw. Mark Lewis Page two 9. PROJECT DESCRIPTION The project is located on Lewis Road (SR 1564) adjacent to Topsail Sound in the Sloop Point Community of Pender County. This part of Topsail Sound is just south of the mouth of Virginia Creek. This point of land extends into the waterway, leaving it vulnerable to the wave action of the AIWW. There is an area of remnant Spartina alternaflora, but due to the wave intensity there is no new growth. The bottom is sandy. The site is currently and historically used as a boat building and repair business, with some fishing as well. The tract is 1 acre in size. The property adjacent to the project site on the south has also historically been occupied by boat building and repair, as well as fishing. The property to the north is residential. The owner currently lives on the site, but plans on moving his house in order to have more room for boat maintenance. The area is typically highground, about 4' above the mhw level. On the north side of the property lies a manmade boat basin, 270' long and 80' wide. This area houses 3-4 fishing boats. The property is bulkheaded around the AIWW and the canal. There is a monorail existing on the high ground portion of the lot. The waterway is approximately 1000' wide at this point. It is open to shellfishing by the Division of Marine Fisheries, and is not a designated primary nursery area. The water is classified SA by the Division of Environmental Management. The applicant has recently obtained the shellfish lease for the bottom adjacent to the property. He plans to seed shellfish beds here. The Pender County Land Use plan lists this area as rural residential, restricted to low intensity uses. The project consists of the construction of 4 piers, 60' long by 6' wide. The middle two will be used as a travel lift to lift boats to repair on the high ground. The outer two will be used for docking of boats that can be repaired in the water, or for boats waiting for out of water repairs. There are to be two mooring pilings placed between the 3rd and 4th piers. The length of the piers is consistent with the 1/3 rule, and maintains more than 300' from the near edge of the federally maintained channel. The applicant plans to replace the portion of the bulkhead adjacent to the AIWW. This 135' section will be replaced in the same location, using cement sheeting. Mark Lewis Page three The applicant's boat basin has shoaled into an average of -3' mlw. He plans to dredge this to -6' mlw. In addition, he plans to dredge the area waterward of the bulkhead adjacent to the AIWW. This is the area in which he proposes 4 docks. This area averages anywhere from .5 mhw to -4' mlw. He plans to dredge only to the end of his piers (60 ft.). At this point, the water is approximately -6' mlw, dropping to -8' mlw, and to the AIWW. This area has not been previously dredged, but is adjacent to the waterway on one side, and the man made channel on the other. The bottom is sandy, with no apparent shellfish resources. There are some remnant Spartina alternaflora stems, but no evidence of new or recent growth. This area is subject to significant wave action. The dredging project between the piers, in addition to that in the boat basin, adds up to a total of approximately 1866 cubic yards. This is for 60' in width, 100' long adjacent to the AIWW, and 40' wide by 270' long in the basin. Both are to be dredged to -6' mlw. The dredging is to be done by dragline. The spoil will be placed on high ground farmland behind the applicant's property and in the applicant's yard. This property is also owned by the applicant's family. The disposal area is approximately 1000' x 500'. The spoil will be spread over the land to dry, and will then be graded to fill in holes and low areas in the applicant's road and driveway. 10. POTENTIAL IMPACTS The piers will shade approximately 1440 s.f. impact a total area of 16,800 s.f. 100 s.f. 160 s.f. of this contains some remains of The remainder is open water with a sandy dredged is 1866 cubic yards. The bulkhead resources as it is to be aligned in place increase in the amount of business done by with the upgraded facilities. of open water. The dredging will of this is sand above mhw. About old growth Spartina alternaflora. bottom. The total amount to be will incorporate no new coastal of the existing bulkhead. Some the applicant can be anticipated 0 Re: Approval for State Permit - Mark Lewis No objections to the project as proposed subject to the following conditions: 1. In order to protect juvenile shrimp and fin fish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Office of Coastal Management. 2. The bulkhead will be aligned in place of the existing bulkhead. 3. All back fill material will be obtained from a highground source and confined behind the permitted bulkhead. 4. No excavated or fill material will be placed at any time in any marsh or surrounding waters; outside of the alignment of the fill area indicated on the plat. 5. The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) days of project completion. 6. No double handling of material is allowed when excavating within a dragline. Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write NIA (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. ` I APPLICANT a. Name 114 t2 i' }Y L' iy ' .l City' sir State zip `° ' Day phonef'? Landowner or Authorized agent b. Project name (if any)'r ." c. If the applicant is not the landowner, also give the ,pwner's name and address. Pd iVt i I C • !("1 i 2 LOCATION OF.PROPOSED; PROJECT o" . a. Street address or secondary road p_umber E v b. City, town, wn, community, or landmark c. County d. Is proposed work within city limits or planning jurisdiction? Ale e. Name of body 1 0water nearest project To 3 DESCRIPTION AND PLANNED USE OF' PROPOSED `PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead - t If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? c. Will the project be for community, private, or commercial use? d. Describe the planned use of the project. 4'' LAND AND WATER, CHARACTERISTICS a. Size of entire tract % i - b. Size of individual lot(s) Ga C r c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract C. Vegetation on tract r Man-made features pow on tract ) " What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other How is the tract zoned by local, government? i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? ,T ,? If so, by whom? 5,UPLAND DEVELOPMENT ` Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed ' e. If the proposed projects$ rW a e than 5` one acre of lane p Resources mustlt i 7fe an erosion Rsedimen- tation control at least 30 Wbefore land disturbing activi `P" l�eg� It'appficable t_%P sedimentation and erosion cot)Sr,l�ir en submitted to the DimVri;(W66h r eWirces? f. Give the percenta618'1the tract. within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards-_'.vi (b—_ : surfaces. c. Type of material � .� / F d. Does the area to be excavated include marsh- h. If applicable, has a stormwater management land, swamps, or other wetlands? /1/ plan been submitted to the Division of En- e. High ground excavation, in cubic yards vironmental Management? f. Dimensions of spoil disposal area i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. v, ;.. h. Do you claim title to the disposal area? _ `.J j. Have these facilities received state or local If not, attach a letter granting permission from approval? the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future maintenance?� If so, where? j. Does the disposal area include any marshland, 1. Describe location and type of discharges to swamplland,'or water areas? waters of the state (for examplesurface runoff, k. Will the fill matefial be placed below mean sanitary wastewater, industrial/commercial high water? )/ effluent, or "wash down"). 1. Amount of fill in cubic yards in. Type of fill material S 11 " 4 n. Source of fill material in. Water supply source o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? ,/VO describe the steps that will be taken to main- p. Dimensions of the wetland to be filled .- ! A. tain established public beach accessways or pro- q. How will excavated or fill material be kept on vide new access. site and erosion controlled? o. If the project is on the oceanfront, what will r. What type of construction equipment will be be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? hydraulic dredge)? 4 6 EXCAt?ATION EiN� FILL z'� AN FORIv1ATION`'x 9 s. Will wetlands be crossed in transporting equip - T , ment to the project site?_' ' If yes, explain the steps that will be taken to lessen en - a. Describe below the purpose of proposed excava- vironmental impacts. tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas MW mm son No mom t 7 SIOREL'INE STABILIZATION; . a. Length of bulkhead or riprap� b. Average distance waterwW of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material (r i e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 8 °ADDITIONAL INFORMATION ' In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on S 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7j.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Nan-_. A�T� l f t S ddress, � v 1 `-d' Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). r 9 CERTIFICATION AND PERMIS- SIGN f TQ ENTV bN IAND''; Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further 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 ap- plication and follow-up monitoring of project. This� }}� the e day of ,z XJ�AhA � Landowner or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Enn'es.pSee themap on the insid apropriate DCM office number. 1*8 rz�� p;F10E.'» �U61cG1 .^,N P0f4 eENI I'alRIhGI .:.50 �ji7./ I i F' � V .� ,, < , t �°r, � ,,=ice(. _,,' , � �I,� � i, �� I �\�� (� ( .� � i l J � � /:���� � I �. % ,;?� � ,, i --- -- -- ,1 � � i i-1 ,� .. 'In LA t. 1A, I I I f i l7- ' - - - - -- --- J �v7 ' __-�—r------ 6-✓-__.L- sir, ra i , �5. _.+..W^C. L — - _ .f .t.� •t �_.La .vim` it i �.. f R� r Y _R ERA 14 j:. -►. t_