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HomeMy WebLinkAbout20050046 Ver 2_CAMA Application_20061128. ~ os ~ oo~ ~ v ~, •;~ ~~_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. JOnes, Director William G. Ross Jr., Secretary November 27, 2006 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA /Dredge & Fill Permit Application Review Applicant: David Greer ~~'~ ~~ n~~~~ ~ Ni~V 2 ~ 2006 Jlni`~€ - i'VA?'G.FZ ilUi`aLll"Y +RIET'.ANDS ~iJD ST(:R,NA~Na,T~R I?RANGw Project Location: Sloop Pt. Rd, adjacent to AIWW, in Hampstead, Pender County Proposed Project: To dredge 7 boat slips at existing dock structure in Sloop Pt. Plantation Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 20, 2006. If you have any questions regarding the proposed project, please 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 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: David Greer LOCATION OF PROJECT SITE: The project site located on Sloop Point Road, adjacent to the AIWW, in Hampstead, Pender County. Photo Index - 2000: 26-343: K(9-11)1995: 26-327: O(20) 1989:4 172 18: J(14,15) State Plane Coordinates - X: 243650 Y: 2423188 Lat: 34°24'40.44932" N Long: 77°35'48.98917" W 2 3 INVESTIGATION TYPE: CAMA /Dredge & Fill ROVER FILE #: Q092615A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/26/06, 10/3/06, 10/31 /06 Was Applicant Present - No 5 PROCESSING PROCEDURE: Application Received -Complete on 11/3/06 Office -Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Pender County Classification From LUP -Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing --N/A Planned - N/A (F) Type of Structures: Existing -Concrete walkway, bulkhead, pier, covered T-head, and docking facility with 20 slips. Planned - To dredge behind and within the 7 existing interior slips on the northwest side of the facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] r,u nr~r,Fr~ FTT .T .F.T~ nTHER (A) Vegetated Wetlands (B) Non-Ve etated Wetlands - (o en water) 4263 ft? (C) Other- High ground (Spoil Disposal) 28000 ft.Z (D) Total Area Disturbed: 32263 ft? (0.74 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to dredge to and within the seven interior boatslips on the northwest side of the existing dock structure. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: ,nrww.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Sloop Point Plantation CAMA/D&F Permit Page Two 9. PROJECT DESCRIPTION: The project site is located on Sloop Point Road, adjacent to the AIWW, in Hampstead, Pender County. To get to the site from Wilmington, take US Hwy 17 N to Sloop Point Road. Turn right onto Sloop Point Road and travel approximately 2.8 miles. Turn left into Sloop Point Plantation approximately 1/10 mile before the end of Sloop Poiirt Road. The site is located at the easement for the Sloop Point Plantation community dock, which is located on tlye right at the concrete walkway. Sloop Point Plantation is a planned community with 21 homesites. The site currently is stabilized with a bulkhead along the landward edge of marsh and has one existing 20-slip community dock along the waterfront, which extends from a 6' wide concrete walkway on a 10' easement between Lots 8 & 9. The docking facility was authorized by State Permit No. 41-05, issued July 22, 2005. The docking structure consists of an access pier with a covered T-head platform which leads to a ramp, and 20-slips, with boatlifts in each slip. The current water depth on the western (landward) side of the docking facility is -1.5' at Normal low Water (NLW). Current water depths were provided by the authorized agent of the applicant and were obtained via soundings at low water. Vegetation landward of the bulkhead consists primarily of lawn grasses. Vegetation waterward and adjacent to the bulkhead consists of a band of Common Reed (Phragmites australis) approximately 100' in width. This transitions to other high marsh vegetation, which includes Sea Oxeye (Borrichia frutescens) Grounsel-bush (Baccharus halimifolia), Spike Grass (Distichlis spicata), Glasswort (Salicornia spp.), and Salt Meadow Grass (Spartina patens). The high marsh vegetation then transitions waterward to approximately 20' in width of Smooth Cordgrass (Spartina alter•niflora). Submerged Aquatic Vegetation (SAV) was found during a site visit approximately 20' west of Slip # 17 (as numbered on Sheet 1 of 4) and SAV or SAV habitat is likely to exist in the proposed dredge area. It should be noted that the applicant is currently in non-compliance with condition #8 of State Permit No. 41-05. which states that no vessels greater than 24' in length, or vessels with cabins or heads shall use the docking facility. During the course of several routine site visits, it was discovered that 4 vessels exceeding 24' in length, or with cabins have been docked at the facility. As such, a Notice of Violation (NOV) was issued on November 21, 2006. The restoration plan in the NOV requires all vessels over 24' I length, or vessels with heads or cabins must be permanently removed from the docking facility. The waters of the AIWW adjacent to the project site are classified as SA by the North Carolina Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the North Carolina Di~•ision of Marine Fisheries, and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant is proposing new dredging to and within the 7 interior slips on the northwest side of the docking facility. The proposed dimensions of the dredging to the slips would measure 154' in length by 20' in width, the proposed dredging within the slips would measure 13' in length by 13' in width. Both the slips and the area leading to the slips would be dredged to a depth of -3' at NLW. The area currently ranges in depth from -1.4' to -1.5' at NLW. The proposed disposal area is on Mr. A.C. Skinner's property, approximately 600 yards north of 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Sloop Point Plantation CAMA/D&F Permit Page Three the dredge site (as stated by the applicant's agent in the narrative). The applicant proposes to remove the excavated material using barge and bucket, which would then be trucked to Mr. Skinner's property and placed behind his existing bulkhead. The bulkhead measures 133' in length, with a return on the southwest side of the lot measuring approximately 60'in length. The bulkhead continues landward on the eastern side and measures 130' in length, which runs though the interior of the lot along a gravel drive. Approximately 237 cubic yards of material would be excavated. 10. ANTICIPATED IMPACTS The excavation of the slips and channel would disturb approximately 4263 ft.2 of shallow bottom. It is likely that the proposed dredging would impact SAV or SAV habitat. The dredging operation would likely result in a temporary increase in turbidity. The high ground disposal would result in approximately 28000 square feet of land disturbance. Submitted by: Heather Coats Date: November 22, 2006 Office: Wilmington 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Narrative for Modification to permit Project: Sloop Point Plantation Modification to permit # 41-OS David Greer 137 Skystasail Dr. Wilmington NC 28409 Dear Committee, After completing the docking facilities at sloop point plantation, we have found that the inside boat lifts at low tide are very hard to get off and on, due to shallow water. We would like to dredge these slips out at this time. As indicated on our drawings. We have estimated about 157.88 cubic yards of fill to remove. This will allow the boats to come and go with out hitting the bottom on the inside lifts. We will be removing this fill with barge and bucket, and off loading on the 30 r/w that is owned by Mr. Greer. We will then truck this material to the spoil site which is property of Mr. skinnard, in the same property just around the corner, approximately 600 yards away. Please understand that when we purchased this property we had two docks with 10 slips each, but in order to keep our slips we had to modify our permit request to put all the lifts on one dock with restrictions of no more than 24' boats with no cabins no heads. Now we face a new problem with the back slips and are hoping that this will fix the problem at hand for the home owners. I have attached a letter of authorization for the use of Mr. Skinnards spoil site with this application. I am in the process of Appling for a dredge permit for Mr. skinnard as well, and will use this same site. He faces the same problems as Mr. Greer. Regards, RECEIVED DCM WILMINGTON, N+ OCT 1 1 2006 Form DCM-MP-1 i~sECEtVED /~ i~CM ~.~iiIMINGTON, NC .C3~~ AUG 1 5 2006 LICA TIC N (To be completed by all applicants) 1. APPLICANT a. Landowner: Name _ `.J~l/I 6 '?Y~i°%~ Address ~~ ~ ~~,./,~ `ice City ~///f~/~`~,y //r'~~ State ,~ Zip O~ Day Phone ~f0 ~~.3 ~/~Db Fax b. Authorized Agent:/~ Name /r t~ .~~° Address 7~ ~~ ~tC_. ~ /Z~ j/l 9~~ City l/~~~~ State Zi~ ~G~J~ ~ Day Phone ~~~ l~G~ ~5~~ Fax ~ ~ ~~Q c. l?ro'ect Hamer (if y) ,~7 ~~ J 1 ~' /L~ 2 i ~ _ ..~/ NO7E: Pernar will be isaud in name of lm~downel(s), and/os prajed nano. Z. LOCATION OF PROPOSED PROJECT a. County L~C- b. City, town, co` pity o landmark is c. Street address or nda~y r a number - `~~ l //1~~~ d. Is proposed work w' city limits or planning jurisdiction? Yes No e. Name of body of water Barest pgbject (e.g. river, creek, sound, bay) ~~//~ 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT .,_. a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation andlo filling activiti b. IS the proposed activity mainten ce o an existing project, new work, or both? c. Wil! the project be for ublic, private or commercial use? ~ ~ri/ l~ d. Give a brief description of purpose, use, methods of construcxion and daily operations of proposed project. )f more space need ,please attach ~' / 7i j ~ -~ 7 ~ ~~ ~ ~~ ~ - r xr~a ors Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ~ 0 ~'~r'1 ~ -"~ b. Size of individual lot(s) `//!~~I~ , ~~ c. Approximate elevation of tract above MHW or d. Soil type(s) and texture( of tract e. Vegetation,opp trac T,~',r~~ ~ ,~//1!-°%/rli`~ ~/~v~~ 5 f. Man-made f lures ow on ~~ E C" . ~~ g. What is the CAMA Land Use Plan land classification of the site? (co-uyli r1u !oral land ~~ plms.) '~ Conservation V' Develepeii Rural - Transitional Community Other h. How is the tra zoned b local government? 14 ~~ to i. Is the proposed oject consistent with the applicable zoning? Yes No (Attach zoning eorr~lim~ee rnrifieate. 1 app&aable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes 1~ No k. Is the project located in a National Registered Historic District or does it involve a National Reg' listed or eligible property? Yes No I. Are there wetlands on a site? Yes _ No Coastal (marsh) ~ Other If yes, has a delineation been conducted? (Ruud, doaanenratiaa, if available) m. Describe existing wastewater treatment facilities. U ~' n. Describe location and type of dischazges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down' and residential discharges.) U~ ' ..e l ; j;'d o. Describe existing drinking water supply source. 5. 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 properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to cazry out the project. • An aaurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1R" by 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 aze acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that ageacy's use of }anger drawings.) A site or location map is a part of plat t-equirements and it must be stlfficietttly detailed to guide agency personnel unfamiliar with the area to the RCV 2 ~ 2006 RECEIVED DCM WILMINGTON, ~ x~a o~l~s O C T 1 1 2006 ,K'F- ~ ~'',~. A'NO STORhBNATER BRANCH -~ECEIVED DCM WILMINGTON, NC Form DCM-MP-1 site. Include highway or secondary road (SR} numbers, landmarYs, and the lr7ce. • A Stormwater Certification, if one is necessary. • A list of the names and oampleie addresses of the adjacent waterfront (riparian) landowners and signed retarn receipts as proof that such owners have received a copy of the apppicx~tion and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided Name Address Phone Name Address Phone Na:~ne Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and iss~ dates. ~/ d5 • A check for SZ50 made payable t0 the Departmetrt of Em~ironment, Health, and Natural Resowces (DII3NR) to cover the costs of processing the applit~tion. ~ A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of oompIIance with the N.C. Fsrvironmental Policy Ad (N.C.G.S. 113A - 1 to IQ) If the project involves the expenditure of public funds or use of public land's, attach a statemern documenting compliance with the North Carolina Environmental Policy Act. A U G 1 5 2006 6. 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 wdl be subject to conditions and restrictions contained ~~ the permit. I certify that to the best of my lawwledge, the proposed activity complies witb the State of North Carolina's Proved ~~ M~g~~ ~1~ and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission io representatives of state and federal review agencies to enter oa the aforementioned lands in connection with evaluating information related w 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. This is the ~_ day of Print Name Signature or Atuliari:rd Agcru ~~ Please indicate attachments pP wining to your proposed Pmj~- ~ DCM MP 2 Excavation and Fill Information - DCM MP3 Upland Development DCM MP-~ Stractzues Information DCM MP 5 Bridges and Culverts DCM MPS Marina Development NOTE: Please sign and date each artachrnenr in the space provided at the bottom of earn form. x~,~a ems Form DCM-tiiP-2 EXCAVAT~~DN ~ FALL (Except bridges and cuIverfs) Attach this form to Joint Application for CAMA Ma_ior Pe~;nit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this propa~ed project. Descroe below the purpose of proposes excavation or fail aGivities. All values to be given in fem. Avery-_ Final Existing ProjetY L,eagth Ridth Depth Depth nCC.:,,s c! a.~.n el C a.^,cl i;oat brcin =' at ~c alna Rock groin Rock breakwate_ Other _ (Excluding '/Y shoreline /~ aLibiiiLtion) Revived 0319 ~ r ~ ~ ~~ ~ Ll ~ ~l ~~J-1 ~ J' ~~.~ I ~~{~ 4 E . ~~r ~.y~ - :~. '<yV1a~. -~; , ~.-~;~ =e. _>~ - , ~ Tai,>; :~ .::....fit' . ..-.~ l~ ..-.. ~.7jr 13~ J I ,5 J, I X 1--CV~~ ~/f-..1vI 1. EXCAVATI©?~ a. Amount of material to be excavated from below ! MHW or NWL in cubic yard~:SL j/~r_~i~~-i.~f:~~~ i` b. Type of material to be excavated .~l~~~ c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes ~''~No d. Highgraund excavation in cubic yaSGS 2. DLSPOSAI, OF EXC ~`'ATED NiATERL~ ~~ ~ / . a. Location of dispose yea S/Gfi'!~-~r~ I .%: ,i. C ~r~in G1r`c~ 5 Ln ~JF~ f c~ ,o~ b. Dimensions of disposal area 1~`10~~' `k` ~ i~ ~ c• Do v^~~ °'-j., title to disposal area? -----_ ~ jes Y_._.~, No If no, attach a letter granting pernission from the owner. d. Will a disaosaI area be available for future maintenance? /Yes N _~ If yes, where? :~~7~~{; ,~' Vii-/i~7 RECEIVED OCM WILP~I~JGTQN, NC- N~V 0 3-2006: - RECEIVED ~~ ~- ~ i 12Gur; Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or o wetlands? Yes No f. Does the disposal incl a any area in the water? Yes ~o ~ECEIVEI~ If yes, (1) ~ (2) /, ~ (3) V~/r 3. SHORELINE STABILIZATION Type of shoreline stabilization Bulkhead )(Zprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of irfarmnAOnJ f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline StabiliTation) a. Will ill aterial be brought to site? es No ', i Revised 03195 . b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No '~ If yes, {1) Dimensions of fill area (2} Purpose of fill !~ ~ ~ f; 1 5 2006 Amount of material to be placed in the water Dimensions of fill area Purpose of fill 5. GENERAI, a. How will excavated or fill material be kept or. site and erosion /c7ontroll4d?~~~ / ~ ~%, ~ i~c;~ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ,,~~ ~ ~---~-{y~ -~ c. Will wetlands be cr:,ssed in transporyng equipment to project site? Yes l.! No If yes, explain steps that will be taken to lessen environmental impacts. ~/~°%6 J ~ ~1~ 1 ~, Cv I ~ ~, r i 1 ~ ~ i~ ~~ ~~ 0 r ~' , ti -t-' ~ /~ cry ' s' Lrs~ ~~ j ~ ~- ~ ~~ ~ ~ 3" -o ~ w ~ ~ ~ ~~ z ' ~ ~ t . ~~ ; ~ ~ ~, ~~ > "' ~~ -'~_-- ,r''~~ I o ~ ~ o `~ ~',~ ~ ~~ fl ~3 ~ ~. c .~ I' ~_ ~ +i rnZ 1 \~ U ~~ z ~~- ~.°, C~-~ - ~' ~--- J N N ~Q ~~ 1 ~t.. 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