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HomeMy WebLinkAbout20080694 Ver 1_CAMA Application_2008041408 C694 ~~~~ . _~__.~ i NCDENR North Carolina Department of Environment and Natural Resources April 11, 20.8 Division of Coastal Management ~chael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM: TO: Ms. Cyndi Karoly Environmental Biological Supervisor Division of Water Quality c ~ \~ D FROM: Doug Huggett ~ \~ Major Permits Processing Coordinator 0 \~-' ~ ~~.~~~ SUBJECT: CAMA/DREDGE & FILL Permit A li i PAR 1P~~"°JP~R®~~ pp cat on Review ,~ ~N ~~9 FNUS~~ Applicant: Ocean King, LLC ~E~c~'o Project Location: 111, 105, & 107 .Atlantic Blvd. and 201 & 301 East Drive, Atlantic Beach, Carteret County Proposed Project: The applicant is proposing to construct a 14-story, 42 residential unit condominium with a parking deck, club and lobby; two (2) duplex buildings, waste treatment spray irrigation plant, swimming pool, two (2) gazebos, boardwalk and a 14 space parking area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 5/02/2008. If you have any questions regarding the proposed project, please contact Heather Styron at (252) 808-2808. When appropriate, in-depth comments with supporting data are 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 400 Commerce Avenue, P,torehead City, North Carolina 23:7 Pnone: 2~?•808~2808 \ FAX: 2~2~2~:7.3330 \ Internet. ~~~.v~,v.nccoasta'r-?~age~^ent.ne; -•. ~~r rte"-~~:r,"' ~:: t;:.~ ,?".:.i. 4 ~r ~:: ~'~::~1"~~_...- -'~""'~"~i~avrsleF.: a ~z-~.-rr~c:~,aa~or..~ar ~:o:z-.:~-:u=a+aava- ~elaction i~e,,,,~,;~:~a~!~Tyi~~ ~ i=ee ~Ci~ii'/~ CY'~G?0% (14300 1601 436100093 1825 6253) (2d3C0 1602 435100095 2341) I. Private, non-commercial development that does not $2~0 100% ($250) 0% ($G) involve the filling or excavation of any wetlands or o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open •,. water areas, determine if A, B, C, or D below a lies: III(A). For Private non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached can be a lied: II)(B). For public or commercial development, if $400 100% ($400) 0°/a ($0) General Water Quality Certification No. 3301 (see attached can. be a lied: `~ III(C). If General Water Quality Certification No 2 40% $160 . $400 40) 60% ($ ) ( 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a vatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) cannot be a lied: IV. For development that . involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICA~~1T'S NAME: Ocean King, LLC C/O Jones Coastal Consulting 2. LOCATION OF PROJECT SITE: 111 Atlantic Blvd, 105 Atlantic Blvd, 107 Atlantic Blvd, 201 East Drive and 301 East Drive in Atlantic Beach adjacent to the Atlantic Ocean Photo Index - 2000: grids; 40-511 Q(6), R(6-7) 2006: grids; 40-8066 Q(6-7), R(6-7) State Plane Coordinates - X: 2679716.699 Y: 352888.033 Rover # J040710A Longitude: 76°44' 18.27929 Latitude: 34°41' 54.01319 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/7/08 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received -12/28/2007 Office -Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Atlantic Beach dated 5/27/94 Land Classification From LUP -Developed Commercial (B) AEC(s) Involved: OH (C) Water Dependent: (No) (D) Intended Use: Commercial, Private/Community and Public/Government (E) Wastewater Treatment: Existing - On-site septic systems Planned -Reclaimed water system (F) Type of Structures: Existing -Roads and infrastructure, existing commercial buildings, abandoned motel, wood retaining wall Planned - 42 residential unit condo with parking deck, club and lobby, two (2) duplex buildings, waste treatment spray irrigation plant, swimming pool, two (2) gazebos, boardwalk and parking areas (G) Estimated Annual Rate of Erosion: 2' per year Source - DCM annual shoreline change study and setback factors 7. HABITAT DESCRIPTION: DREDGED FILLED THER (A) Other High Ground N/A 60,401ft2 N/A Disturbed (D) Total Area Disturbed: 60,401ft2 (E) Primary Nursery Area: no (F) Water Classification: SB Open: No r 8. PROJECT SUMMARY: The applicant is proposing to construct a 14-story, 42 residential unit condominium with a parking deck, club and lobby; two (2) duplex buildings, waste treatment spray irrigation plant, swimming pool, two (2) gazebos, boardwalk and a 14 space parking area. ACM M!-1 App~~c~~~~: -~~~~ 0 8 C 6 9 4 M~ ~ ~ ~~ ~~ ~ nt Permit ., North Carolina DIVISION OF COASTAL MANAGEMENT a,.~ :. 1. P pplicant/ Landowner Information Business Name Project Name (if applicable) Ocean King, LCC Ocean King Condominiums Applicant 1: First Name MI Last Name Ocean King LCC. 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 250 Atantic Beach NC ZIP Country Phone No. FAX No. 28512 USA 252 - 726 - 2865 ext. - - Street Address (if different from above) City State ZIP 700 East Fort Macon Atlantic Beach NC 28512- Email bcooper@ec.rr.com 2. AgenbContracfor Information Business Name Jones Coastal Consulting Agent/ Contractor 1: First Name MI Last Name Charles Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 296 Bay Drive Smyrna NC ZIP Phone No. 1 Phone No. 2 28579 252 - 729-9711- ext. 252 - 725 - 0488 ext. FAX No. Contractor # 252 729 9711 Street Address (if different from above) City State ZIP Email cjonesl9@ec.rr.com <Form continues on back> Field Investigation Report: Ocean King, LLC Page 0~ impervious on tract E totals 9,430 sq. ft. and would be reduced to 7,833 sq. ft. The overall impervious percentage for this development in its entirety would be reduced from 59% to 53%. The runoff would also be collected and managed by a stormwater collection system. This project will require approval of a storm water and wastewater plan from The Division of Water Quality and also sedimentation and erosion control plan from The Division of Land Quality. 11. Anticipated Impacts: The proposed project would result in 60,4011ftZ of high ground disturbance. The 14-story, 42- unit residential condominium complex would substantially increase the density of the circle area. The project would add 215, 000 ft2 of habitable and uninhabitable development and would extend 186' above mean sea level resulting in a visual impact. Once built, this project would reduce the impervious from 78% to 66% within the ocean hazard AEC. The total impervious area for the project in its entirety would be reduced from 59% to 53%. No permits from The Division of Land Quality or The Division of Water Quality have been issued at this time. Name Heather Styron Date 4/10/08 Morehead City Field Investigation Report: Ocean King, LLC Page 03 The foundation of the building would be supported by pilings which will be located a minimum of 120' landward of the first line of stable natural vegetation. There would be a 16' section of the oceanfront portion of floors 3-5 and an 11' section of floors 6-14 cantilevered into the large structure setback. The 16' cantilevered area would be unenclosed parking spaces and the 11' cantilevered area will be unenclosed deck space. Seaward of the proposed 14-story condominium building would be two (2) smaller duplex buildings. The buildings would be two stories each with a footprint of 2000 sq. ft. Both buildings would be structurally and physically separated from the other and from the main 14- story condominium building. The buildings would be on pilings and would not exceed a height of 47' above mean sea level. Parking would be provided underneath each building. As other amenities, the applicants are proposing a swimming pool, two (2) 10' x 10' gazebos and an 8'4" wide wooden walkway to the beach strand. These features would be located on parcels A-D. The pool will be located at a distance of 15' landward from the 60' small structure setback. The gazebos would be located a distance of 22' waterward of the 60' small structure setback. The wooden walkway would extend directly from the proposed pool waterward and tie into the existing Town of Atlantic Beach public boardwalk. Parcel E would serve as a new parking area for 19 new spaces. The parcel is 10,677 sq. ft. and currently has an old abandoned motel and asphalt parking. The building and parking areas would be demolished and two new parking areas would be constructed. Access to one of the parking areas would be off of East Drive and the other would be from East Blvd and East Atlantic Blvd. Irrigation from the wastewater plant is being proposed on this tract and would be located in various vegetated islands. Parcel G would serve as the wastewater treatment site. This parcel is 16,073 sq. ft. in size. It is mostly flat and void of vegetation. A 1,659 sq. ft wastewater treatment plant building as well as subsurface pipes and surface spray heads are proposed on this parcel. The building and concrete pads and walkways would result in 2,433 sq. ft. of impervious coverage. The proposed wastewater treatment plant is a complete biological treatment system, which produces high quality effluent that can be used for reuse applications. Such applications include irrigation, water recharge and non-potable water applications. The plant would have a total capacity of 27,000 gallons per day with a required 5-day side stream emergency storage capacity. There would be two concrete tanks that provide this additional capacity. One would be located under the treatment plant and the other would be located under the 14-story condominium. Part of the reuse wastewater would be used for irrigation for the condominium, duplexs and parking lot. None of the irrigation would occur seaward of the large structure setback. The reclaimed water would also be used for flushing of toilets. The existing impervious areas on the ocean front tract tota178% and the proposed project would reduce this to 66%. All impervious within the existing 60' small structure setback would be removed then landscaped with salt resistant vegetation. The current amount of • Field Investigation Report: Ocean King, LLC Page 02 9. Narrative Description: The Ocean King project is located at the 111 Atlantic Blvd., 105 Atlantic Blvd., 107 Atlantic Blvd., 201 East Drive and 301 East Drive commonly known as "The Circle". "The Circle" is found by turning right off of Hwy 70 East in Morehead City onto the Atlantic Beach Causeway. Follow this road to the existing 4-way stoplights and drive straight through. "The Circle" is identifiable by construction taking place outside of CAMA's AECs. The Ocean King property is 60,401 ft2 in its entirety and averages approximately 9' above NHW. The high ground portion of this site consists of three tracts of property: one borders the Atlantic Ocean (parcels A-D) and the other two border a portion of East Drive (parcel E and parcel D). The residential structures will be located on the ocean front tract, the parking area will be located on one of the tracts off of East Drive with the waste water plant located on the remaining tract off of East Drive. There is an existing public boardwalk, which provides pedestrian access along "The Circle's" oceanfront. On the east portion of the property there is a concrete pad, asphalt drive and wooden retaining wall. There is also an existing oceanfront seawall that represents the location of the first line of stable natural vegetation at this site. As such, this concrete wall will be the reference line for measuring the Ocean Erodible Area Setbacks. The annual erosion rate for this area is 2' per year and the 100-year storm event is 40' resulting in a total Ocean Erodible Area of 160'. The large structure setback is measured a distance landward of the first line of stable natural vegetation and multiplying the long term erosion rate times 60 which sets this setback at 120' .The small structure setback is measured a distance landward of the first line of stable natural vegetation and multiplying the long term erosion rate times 30 which sets this setback at 60'. The Division of Water Quality has classified the waters of the Atlantic Ocean as "SB". There are no harvestable shellfish that exist adjacent to this property. The area in which the proposed project would take place is located entirely on high ground. Atlantic Beach's Land Use Plan dated 1994 classifies this area as Developed Commercial within the AECs. The adjacent property to the west is a town sidewalk, on the north is Atlantic Blvd and to the east are single-family residences. 10. Proiect Description: The applicant is proposing to redevelop the ocean front tract with residential structures and associated amenities. The primary structure will be a 14-story, 42 unit condominium with a total floor area of 121,062 sq. ft. of habitable, enclosed space. The first five floors would be dedicated to parking, building infrastructure, club and lobby area. The remaining nine floors would be dedicated to residential units. The ground floor would be public parking. Floors 6- 11will have five units per floor with floors 12-14 having four units per floor. The total height of the building (including the HVAC equipment and elevator shaft) would be a maximum height of 186' above mean sea level. The total sq. footage of habitable and uninhabitable area is 215,306 sq. feet. Form DCM M~, i y(~a of 4) ~ # ~~: ~, , .~ry j .._ y.'4...~ x' .- ~~ .~ ~, ~. APPLICATION for Major Development Permit 3. Praye,>>>~.C'ucation :: ,,,.., "°~`a County (can be~mu{~' e'~~t~- ' Carter ~ ~~.~ ~. Street Address 111 Atlantic BIvd,105 Atlantic BIvd,107 Atlantic Blvd, 201 East Drive, 301 East Drive State Rd. # }Subdivision Name City State Zip Atlantic Beach NC 28512 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Adjacent to the White Oak River basin Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ^Manmade ^Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ^No work falls within. .„~ Town of Atlantic Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 187' 60,401 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 33,655 sq.ft. (total of 4 individual parcels), 16,073 sq.ft., NWL (normal water level) 10,673 sq.ft. sq.ft., 9' ®NHW or ^NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Majority of tracts 1 and 2 are buildings, parking areas or other impervious areas. Tract 3 is primarly vegetated with numerous types of yard grasses and weeds. f. Man-made features and uses now on tract Existing commercial buildings being used for various retail and entertainment establishments. There is also an abandoned motel and parking lot. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential, Municipal h. How does total government zone the tract? i. Is the proposed project consistent with the applicable zoning? Circle Development District (Attach zoning compliance certificate, if applicable) ®Yes ^No ^NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ^Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ®No ^NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes ®No ^NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit ` m. (i) Are there wetlands on the site? ^Yes ®No (ii) Are there coastal wetlands on the site? ^Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ^Yes ^No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic tanks (Proposed reclaimed water system) o. Describe existing drinking water supply source. (Muncipial water p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ®Public/Government ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Proposed development of a 42 unit condominium building and two duplex bulidings for a total of 46 resdiential units. First floor of the condominium building will be open to the general public. 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. Construction will be that typical of a high rise residential structure including pile drivers, cranes, bulldozers, backhoes, etc. d. List all development activities you propose. Construction of a 42 unit condo building, two duplex buildings, parking lots, wastewater treatment building and associated irrigation lines, swimming pool, gazebos, boardwalk e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 60,401 ®Sq.Ft or ^Acres g. Will the proposed project encroach on any public easement, public accessway or other area ^Yes ®No ^NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ^Yes ®No ^NA if yes, will this discharged water be of the same salinity as the receiving water? ^Yes ^No ^NA j. Is there any mitigation proposed? ^Yes ^No ®NA If yes, attach a mitigation proposal. <Form continues on back> '~ ~FOri1i"bCM MP-1,(Fage 4 of 4) ~` y .. >. ~` r~ ~•~ , Via, j Y ~ ~ APPLICATION for Major Development Permit ~6..~1, a nt"ormation (f~tion to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consu/t the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name State of North Carolina Phone No. 919-733-1431 cio State Property Office Address 1321 Mail Service Center, Raleigh, NC 27699-1321 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. ~ 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date ~ ~-~ ~ ~ ' (~ 1 Print Name C rle S. Jones, agent for cean King, LCC Signature i'1/~~ Please indicate application attachments pertaining to your proposed project. ^DCM MP-2 Excavation and Fill Information ^DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ^DCM MP-4 Structures Information ~'~, F~-~ ;1'~ Form DCM II~PF ,w ~a~ a ~~~. UP~ ~r.~ ~iD~,~:~E ~LOPMENT ~~~, ~ ~.~ (Cori~ttr~~rn an~/o~i 3 and disti~r~ltng activities) Attach tH~orm to Joint Ap ' " 'gin for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Applicatio that relate t u ~ roposed project. Please include all supplemental information. x,~ GENERAL t1PLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. one 42 residential unit condo building, two duplex buildings, wastewater treatment plant with spray irrigation, swimming pool, two gazebos, boardwalk, parking areas c. Density (give the number of residential units and the units per acre). 33.1 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive art erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ^Yes ®No ^NA (ii) If yes, list the date submitted: b. Number of lots or parcels. 3 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 60,401 sq.ft. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. concrete, asphalt g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or bulk-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. NA i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops; or to be used for vehicular driveways or parking. 53% j. Describe proposed method of sewage disposal. Reuse wastewater treatment plant (including spray irrigation and toilet reuse) I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). None h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ^Yes ®No ^NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ^Yes ®No ^NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ^Yes ®No ^NA If yes, attach appropriate documentation. ~+, ~ s; `~ ?'.~~ ~ ~ ~~~ m. Describe pr icing water supply source (e.g., well, commu ~ ystem, ) ,~2, \~ n. (i) Will water be impounded? ^Yes ®No ^NA (ii) If yes, how many acres? o. When was the lot(S'~e'hed and recorded? p. If proposed development is a subdivision, will additional utilities be `'~. installed for this upland development? 2005,2006,2 ~. ^Yes ^No ^NA 12-27-07 Date Ocean King Project Name Ocean King, LCC Applicant Name Chart S. Jones for Ocean King, LLC Appl' a Si natu .C;> .~~ ~` i`._ ~ ~_, ~, t ~ „ ~r<~j P _~ ~ ' NCDENR ,Nord Ca ~~ina Department of Environment and Natural Resources "~ ~ Division of Coastal Management . ~. i F. Ea ,~G ver ~ James H. Gre son, Director William G. Ross Jr., Secrets Date ~a-?~g' D `~ Applicant Name ~~- ~ ~~ *~ ~ ~ LL An_ _----\\ Mailing Address ~ d~ ~ ~~ ~~ 1v ~A~C.O~~ ~--~-lA ~-~ c.. ~~ . l~ C Z 8S~ 2 I certify that I have authorized (agent) ~~} Z ~.S JC to act on my behalf, for the purpose of applying for and1 /obtaining~a/ll CAMA Permits necessary to install or construct (activity r'~ $ ~ ~~ ~ ~ ©'Lt yL~ a D M,t~ at (location) ~~~ This certification is valid thru (date) Signature N ~-pl-6~j ~~~~ 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110°.6 Post Consumer Paper ,~~ ~_ ~. X a. ~ ~ '~ la„~ ~ ,,~~ Jones Coastal Consulting, Inc. H~ ~ , . 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 ~'~O1"~`lf i~~~ December 27, 2007 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Ocean King Major CAMA Permit Application Dear Ms. Styron: Please find enclosed a CAMA permit application for the Ocean King Condominium project which is located in the Town ofAtlantic Beach. The project will involve the construction of one fourteen (14) story building and two (2), two-story condominium buildings. The project is located within "The Circle" area of Atlantic Beach and is consistent with the Town's Circle Development zoning district. The project site consists of three tracts of property: one borders the Atlantic Ocean and the other two border a portion of East Drive. The residential structures will be located on the oceanfront tract. One of the tracts on East Drive will be a parking area and the other tract will be the location of the waste water treatment plant. Oceanfront Tract The ocean front tract consists of 4 different parcels with a total land area of 33,655 square feet (sq.ft.) and has been completely developed in the past with various businesses and uses. Presently located on the property is the Utopia 2 (a one story stucco building with various shops), Our Place (a bar and entertainment establishment) and the Boardwalk Grill. An oceanfront seawall was constructed on this property many years ago and the Town of Atlantic Beach was granted an easement to construct a boardwalk in an area just north of the seawall. This boardwalk is a part of a larger Town boardwalk which provides pedestrian access along "The Circle's" oceanfront. Located on the eastern portion of the property is a concrete pad and asphalt drive which goes from the oceanfront boazdwalk to Atlantic Boulevard. A wooden retaining wall is also located along a portion of the eastern property line and runs perpendicular to the ocean. The adjacent property to the west is a town sidewalk, on the north is Atlantic Boulevard and on the east is a single family residence. The oceanfront seawall has been designated as the first line of stable natural vegetation by the Division of Coastal Management and is identified as the "CAMA line" on the attached application drawings. The oceanfront area along this section of Atlantic Beach has benefited from several US Army Corps of Engineer's spoil disposal projects during the last twenty three years. The mean high water line of the Atlantic Ocean is approximately 225' seaward of the concrete bulkhead. The waters of the Atlantic Ocean are classified as "SB" waters and no harvestable shellfish exist adjacent to this property. The annual erosion rate for this tract of land is 2' a year and the 100-year recession line is 40'. The majority w.';:. ~~ of the upland a~ea,s located within a VE zone (elevation 11'} as designated by the Federal Emergency ~,~';~~ ~g~~'1~tt~~ency. There is also an area of this property adjacent to Atlantic Boulevard which is ~ ~> b~ + a '~' '~ .' within an~AE zone (elevation 11'). The applicant is proposing to redevelop the oceanfront tract with residential structures and associated amenities. The primary structure will be a 14-story, 42-unit condominium with a total floor area of approximately 121,062 sq.ft. of habitable, enclosed space. The first five floors will be dedicated to parking, building infrastructure and a club and lobby area. The remaining 9 floors are dedicated to residential units. Public parking will be provided on the ground floor level. Floors 6-11 will have 5 units per floor and floors 12-14 will have 4 units per floor. The total height of the building (including elevator shaft and HAV equipment) will not exceed 186' above mean seal level (msl). The total square footage of all habitable and non-habitable floor areas, including cantilevered decks and parking areas, is approx.215,306 sq.ft.. The foundation to the building will be supported by pilings located at least 120' seaward of the first line of stable natural vegetation. There will be a 16' section of the oceanfront portion of floors 3 through 5 and an 11' section of floors 6 through 14 cantilevered into the large structure setback. The 16' cantilevered area will be unenclosed parking spaces and the 11' cantilevered area will be unenclosed deck space. Both will be reinforced concrete construction. All construction will be consistent with the NC Building Code, the National Flood Insurance Program and the Town of Atlantic Beach's applicable codes and ordinances. Seaward of the high rise, 2 smaller duplex buildings are proposed. These buildings will be two stories each with a footprint of approx. 2,000 sq.ft.. Each building will be structurally and physically separated from the other and from the main high rise building. The buildings will be elevated on pilings and the total height of the buildings will not exceed 47' above msl. Parking will be provided underneath the buildings. The size and design of the concrete parking pads will be such that they are less than 5,000 sq. ft. each and structurally and physically separated from each other. Wastewater generated from these residential developments will be pumped to an off-site location on East Drive. The plant is designed as a reclaimed water system. The reclaimed water will be used for non-potable uses such as irrigation and flushing of toilets in the buildings, Other oceanfront amenities include a swimming pool, two small 10' x 10' gazebos and a 8'4" wide wooden walkway to the ocean. Existing impervious areas on the oceanfront tract is approx. 78 % and this project will reduce that amount to approx. 66%. All impervious areas within the 60' small structure setback will be removed and then landscaped with salt resistant vegetation. Parking Tracf Directly northeast of the proposed building sites a new 19 space parking area is proposed. The site is located on the east side of East Drive, north of East Boardwalk Drive and on the south side of East Atlantic Boulevard. The site is approximately 10,677 sq. ft. in size and is currently occupied with an abandoned motel and associated asphalt parking areas. The building and parking areas will be demolished and two new parking areas will be constructed on the property. Ingress and egress to one of the parking areas will be gained from East Drive while the other will be from East Blvd and East Atlantic Blvd. Irrigation from the wastewater plant is also proposed on this tract and will be located in various vegetated "islands." Presently the amount of impervious surfaces on this tract of land is ~ _ ~; - a u~" ' ~ 3 ;,.. >: ~~ ~ ~; i#pprox:'9,430 sq ft.. After the parking areas are constructed, imperious surfaces will be reduced to approx. 7,883 sq ft, ~~ .~,~. ~ ,R.: b Wastewater Plant Tract The reclaimed wastewater treatment plant will be located on an approximately 16,073 sq.ft. tract of land at the corner of East Drive and East Terminal Boulevard. The site is basically flat and is void of any structures. An approximately 1,659 sq. ft. wastewater treatment plant building as well as a series of subsurface pipes and surface spray heads (which will provide surface application of the reclaimed wastewater) are proposed for this area. The building and associated concrete pads and walkways will result in approx. 2,433 sq.ft. of impervious coverage. The sewage plant is a complete biological treatment system. This system produces a high quality effluent that can be used for reuse applications such as irrigation, water recharge and non-potable water applications. The plant has a total capacity of 27,000 gallons per day (gpd} average daily flow with peaks up to 64,800 gpd. Te required 5 day side-stream emergency storage capacity will be provided by two enclosed concrete tanks, one under the treatment plant and on under the high rise condominium. A portion of the reuse wastewater will be used for irrigation purposes on the condominium, duplexs and parking lot sites. The amount of irrigation required for each site is such that no required irrigation for the large condominium structure will occur seaward of the 120' large structure setback. A portion of the reclaimed wastewater will also be used to flush toilets. Each of the buildings will be allocated for irrigation and other non potable uses based upon their prorated share. Approval for this type of wastewater disposal at a projected maximum volume of 24,990 gpd is currently being considered by the NC Division of Water Quality. Project Summation This project will result in the redevelopment of a portion of "The Circle" in Atlantic Beach into a 46 unit residential development. The overall impervious area for this development will be reduced from approximately 59% to 53% and for the first time run-off will be collected and managed by a stormwater collection system. The project is consistent with the Town of Atlantic Beach's Zoning Ordinance and their CAMA Land Use Plan. This project will compliment other projected developments currently being contemplated for "The Circle" which involve the construction of additional high-rise residential structures. The project will require stormwater and wastewater approvals from the Division of Water Quality and a sedimentation and erosion control plan from the Division of Land Quality. These approvals have been or will be applied for in the very near future. If you have any questions concerning this project or if 1 can provide you any additional information, please do not hesitate to contact me. S' c ely, Charles S. Jones JCC enclosures ~ ~. i ~ ~ ,w ~~ ~ ~~~~ AEC HAZARD NOTICE ~ s~;.:. Projecf is In An ~-~ ~> (5~cean Erodible Area .~ High Hazard Flood Area ~ Inlet Hazard Area .;,, d Properjt~~nc~~ ~- ~ ~ ~ , a ~'~ ~ ~~ Property Address: ~ ~ ~ ~}~iG~~~. X45 t~t~t't~NTtC-~~~~. ~~ Date Lot Was Platted: ~A~r-vu5 ~~5 • Est Zit 2~~ This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean ~rosion rate for the area where your property is located is ~ feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studj'es~also indicate that the shoreline could move as much as `'~ feet landward in a major storm. The flood waters in a major storm are predicted to be about j ~ feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. ,~~.~> ~~-~ 3a 1 C4s~ br SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. Ifthe property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact: Local Pemmtf Officer Address Locality Phone Number The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. ~~e~~t/`rv~ ~ ~~ C -~ ~ Ap licant Signature Date D ~~~~~~ APR D ~ 4 zoos DENR - w,arER uukui-r tNETLANDS AND SrORMyygrER SR,gN~ Revised ?J07 BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront, you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year, and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property, and to limit public and private losses from storms and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge, you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal management rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront must be behind the frontal dune, landward of the crest of the primary dune, and set back from the first line of stable natural vegetation a distance equal to 30 times the annual erosion rate (a minimum of 60 feet). Large structures (multi-family residential structures greater than 5,000 squaze feet and nonresidential structures greater than 5,000 square feet) must beset back from the first line ofnatural stable vegetation a distance equal to 60 times the annual erosion rate of 120 feet, whichever ' SETBA{IC ''p SET13At:K I fIRS1 LINE {iF~ -~~~__..., ~ ~ STABLEI I6~Us.AI!dNUAL~36xANVUALi NA'E~IR4l.l f11'~~I e 'AVERAGE 'AVERA:,E 4'~t~~~1~31s?NI LJ 4.1 LJ ~ ~ E R47SION I E R0514'ti IRATE ~ IRATE. (I ~L-- '" ILAkLE I IirA 4Lt I I '~i `•-~ ~ 3rRUt.TL~itEi_ I STRUi.T~.xExl I ~ ~-•- PEitA9177EC) 5Tf{L1C:TURE; AbF~l1gTE SETBACK ... ~~~ ~ ~ is greater. If the erosion rate is greater than 3.5 feebyear, the setback is 30 times the erosion rate plus 105 feet. The Reasons The beachfront is anever-changing landform. The beach and the dunes are natural "shock absorbers," taking the beating of the wind and waves and protecting the inland areas. By setting back 30 or 60 times the annual long-term erosion rate, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June 1979, might prove a hardship for some property owners. Therefore, they established an exception for lots that cannot meet the setback requirement. The exception allows buildings in front of the setback line if the following conditions apply: (1) the lot must have been platted as of June 1, 1979, and is not capable of being enlazged by combining with adjoining land under the same ownership; (2) development must be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; (3) no development can take place on the frontal dune; (4) special construction standazds on piling depth and square footage must be lnet; and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception, the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor lot azea as calculated from vegetation line piling length needed to extend 4 feet below MSL PRE~PERM1IIT SfRU(.1 UR1:; It A1?t-QU,4TC SETRdf_:K PRE•57[3R1NI B£AFi {`Ri}~11.E _J-• !t(!5T-~TC~lt3e1 EIEACFI PROFILE AF:C Y[AR AFTER STORMrbEO-CH ICEI3UILi}IN~ .x __ - - - = ~+" After the storm, the house on the dune will be gone. The other house has a much better chance of survival.