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HomeMy WebLinkAbout20080976 Ver 1_CAMA Application_20080616A 08-0976 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary June 13, 2008 MEMORANDUM: JUN 16 ` 2008 TO: Cyndi Karoly, Supervisor DENR-WATERUUAUTY 401 Oversight & Express Permits Unit WETLANDS AND STORMA7S BRANCH Division of Water Quality-Surface Water Protection FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Keven Delehanty Project Location: 114 SW Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick Co. Proposed Project: installation of second boatlift at his existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 9, 2008. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7215, 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: 91 0-796-721 5 1 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 2 3 4 APPLICANT'S NAME: Kevin Delehanty LOCATION OF PROJECT SITE: 114 SW Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County. Photo Index - 2006: 4-6222 P, 11 2000: 8-69 Q, 18 1995: 8-75 P, 7 State Plane Coordinates - X: 2244881 Y: 63572 Lat:33°55'18.93110"N Long: 78°11'34.55379"W INVESTIGATION TYPE: CAMA ROVER FILE # - Q061010B INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/10/08 & 6/10/08 Was Applicant Present - Yes (on 4/10) 5. PROCESSING PROCEDURE: Application Received - Complete 5/21/08 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Oak Island Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing - Single-family residence and docking facility. Planned - Addition of a boatlift to existing docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nRFnnFn PTT T Fn C)TUUT? (A) Vegetated Wetlands (Coastal Wetlands) (B) Non-Vegetated Wetlands 144 sq. ft. (Open water) (Incorporated) (C) Other (High ground) (1)) Total Area Disturbed: 144 square teet (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to install a second boatlift at his existing docking facility. Mr. Kevin Delehanty Page Two 9. PROJECT DESCRIPTION: The project site is located at 114 SW Yacht Drive, adjacent to the AIWW, located in Oak Island, Brunswick County. To find the project site travel south on US Highway 17 to NC Highway 133 South. Travel approximately 22 miles south on NC-133 to Dosher Cutoff SE/ NC-133.Turn onto Dosher Cutoff and then turn right at Southport-Supply Rd. SE/ NC-133. Travel approximately 0.8 mile and turn left onto NC-133. Follow NC-133 to Oak Island and turn right onto East Oak Island Drive. Travel approximately 7 miles to the end of Oak Island and turn left onto SE Yacht Drive. The project site will be located on the right. The property is approximately 1/3 acre in area. The elevation of the tract is approximately 4' above Normal High Water (NHW). A single-family residence and existing pier with fixed platform and floating dock currently occupy Mr. Delehanty's property. Highground vegetation on the property consists of primarily of lawn grasses, ornamental shrubs and Oak (Quercus spp.). The highground portion of the property transitions waterward to high marsh vegetation composed primarily of Salt Meadow Hay (Spartina patens) and Sea Oxeye (Borrichia frutescens), measuring approximately 20' in width. A band of Salt Marsh Cordgrass (Spartina alterniflora) extends waterward of the high marsh, measuring approximately 50 feet in width. The existing pier measures approximately 133' in length, aligned perpendicular to the shoreline. The pier leads to a fixed platform, measuring approximately 11' in length by 16' in width. A ramp leads from the platform onto a floating dock, measuring 16' in length by 10' in width, which is positioned landward of the platform, north of the pier. A boatlift is installed south of the pier, adjacent to the platform. The Town of Oak Island Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIWW are classified SA by the Division of Water Quality. They are not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant requests authorization to install a boatlift lift within an existing private docking facility. The lift, measuring 12' in length by 12' in width, would be installed on the north side of the existing platform. The current water depth ranges from approximately A' to -2' relative to Normal Low Water (NLW) within the area of the proposed boatlift. The lift would provide an additional slip to allow for a total of three (3) vessels at this docking facility. 10. ANTICIPATED IMPACTS The installation of the boatlift would incorporate approximately 144 sq. ft. of Estuarine Waters and Pubic Trust Area. The lift does not appear to encroach into the adjacent 15' Riparian Corridor Setbacks. The proposed boatlift would extend approximately 85' into the waterbody, which measures approximately 450' across, thus conforming to the 1/4 width rule. It does not appear to encroach into the USACE setback and would not exceed the established pier line. Minor increases in turbidity should be expected during construction. Submitted by: Heather Coats Date: 6/12/2008 Office: Wilmington Project Proposal I am proposing to install a second four piling boat lift adjacent to the Northern side of my existing platform tee. The existing pier abuts the Atlantic Inter-coastal Waterway on the western end of Oak Island. The project will require the installation of four twenty five foot pilings on twelve foot centers. When complete, the boat lift will allow me to store a second boat (a 13 ft Boston Whaler Skiff) adjacent to my existing pier. The lift is needed to protect the craft from being seriously damaged by the continuous barrage of boat wakes from the large yachts which traverse the Atlantic Inter-coastal Waterway on a daily basis. The location is within the normal existing pier line and does not intrude into the fifteen foot riparian buffer on either adjacent side. The existing pier has one existing boat lift and an existing floating platform. The existing floating platform is not suitable for mooring a boat since it is landward of the tee and sits on the bottom at low tide. It is primarily used to facilitate swimming and to launch small kayaks. The shoreline has a healthy stable tract of sea-grass (no bulkhead required) and hasn't demonstrated any sign of erosion in the five years I have owned the property. The shoreline is not suitable for foot traffic and thus I want to keep the existing floating platform. 5/2/2008 ON MP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NIA N Applicant 1: First Name MI Last Name ke i C 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 901 Horse-,4ioe, Or, vi Noll ?C ZIP Country Phone No. FAX No. U 5 ']b - ?)-0 - 03 ext. Street Address (if different from above) ? D City State 0C c l< I ZIP l 1 r sco ? s " Email Ill CORD Qzz Le' 6811soA, let 2. Agent/Contractor Information Business Name TB 0 AgenU Contractor 1: First Name MI Last Name AgenU Contractor 2: First Name MI Last Name Mailing Address ?? PO Box NA City NP State N ? ZIP Phone No. 1 Phone No. 2 1 ' N A r? ext. ext. FAX No. ( Contractor # Street Address (if different from above) ?? City State /? I ?I A R ZIP =- ,r`'l1 Email / V A 11W W'LMJNGTO:i';l, NC nn?A <Form continues on back> AFIPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # 6rvVA ,i`(?V, YACJJT I)k Subdivision Name P i '1 e-i-5 Po ?l? City oc• (c Zs 1"J State !v zip y? Phone No.. Lot No.(s) (if many, attach additional page with list) /^? r W4 O v 3 7._11 ext. N A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project C e- F6,i- A w?J c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. XNatural ?Manmade ?Unknown A 1: Wtj 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. ? J Oak 2 l W 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or ^I / 1x NW L (normal water level) (If many lot sizes, please attach additional page with a list) XNHW or ?NWL 1 _f J 1 ' e. Vegetation on tract ree5 f. Man-made features and uses now on tract Si;??l? re5ld?.v k4 U00,4--, wr? lvrivo4e ply!' g. Identify and describe the existing land uses adiacent to the proposed project site. 5in?le f?.??(?y ?st?.?rf-f? h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? ? - ? } (Attach zoning compliance certificate, if applicable) ta r?51' 1 Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes (KNo k. Has a professional archaeological assessment been done for the tract? It yes, attach a copy. ?Yes iPNo ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes XNo ?NA National Register listed or eligible property? I IL_ V"I v ?-1 <Form continues on next page> DCM WILMINGTON, NC .JUN 0 6 2008 m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. APPLICATION for Major Development Permit VYes ?No PYes ?No ?Yes RFNo Prf ua-1-? SP tic 4 CKT wall requrro- seer- -- wide- 5ewe-r Sys k4A'l i5 C0041,016k o Describe existing drinking water supply source. C ` fv/ l?t??n G? (O?? p. Describe existing storm water management or treatment systems. N ot4t? 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial QPublic/Government Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. f3c -{-1 i ?E' ?e r e, -tfi,/4t.P?A kc o-F Ec,/,6l bt)koJe? 5ICl 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. ti l t A!? LJ I, (I ?? Loci-sLtellt j P1 L)61 s ?? Cx?v15?/`v C tlQi/1 ??^?L r ?S d. List all development activities you propose. ov1 avi eXiSf1 pri'vak P'W e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? ? ?Sq.Ft or QAcres ? oVti 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. i. Will wastewater or stormwater be discharged into a wetland? ?Yes ?No XNA 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 If yes, attach a mitigation proposal. DCM WILMINGTON, NC JUN 0 6 2008 <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition 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 consult the application instruction booklet on how to property 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 80-one,it Gro5t'lotga Phone No. Address ig4/9 8 ;?'{t we flWLA 5-c f amer--Ito, CA 9581(? 14) LISF ? l15? Name (rf1u?'U[A `- IXA44P-r' Phone No. Address 06._ k 1' U r? a1 Name K r ?) v`•O ? q? ?? 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. A i. Wetland delineation, if necessary. A 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 invoives 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 5.4?_/Ox Print Name kt?;? ty, ??l???ctv1?'? Signature d I j Please indicate application attachments ertainin t d p g o ?: your propose project. DCM WILMINGTON, NO ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development )UN Q 6 2008 DCM MP-4 Structures Information JU1V-13-6UUb I1 -015 TUWN Ut' UAK 15LAND Form 0CM MP-4 STRUC'T'URES (Construction within Public Trust Areas) 9102781811 P.03 Attach this form to Joint AppllCation for CAMA Major Permit, Form OCM MP-t. So aura to complete all other sections of tho Joint Appfi;alion that r©lo(e to this propo9gb project. Ploa6e includa all supplemantal Information 1. DOCKING FACILIMMARINA CHARACTERISTICS QThis aeclion not spplic a. (i) Is Iho docking Iaci0ly1marina- b, (I) WIII the facilityba open ldlha pencrol publlC? ?Carnmarclal OpubllrfGoverntnonl giNvalolcommunity OYos ;(No e. (1) Dock(s) anafor pier(s) (li) Numbor (iii) Length N f A (iv) Width (v) Floating 13rea ?NO a (i) Are Platforms iActuaod? QYee ONO It yes' (a) Numbor (iii) length NIA (w) Width _ (v) Floo(Ing 0YeG ONa Note.- Roofgrl areaZ era C0JCUre1QC born drogAo diMOrtSian?. g. {i) Nurnber of jhp* proposed {"3.0 g A- I C? 4- (d) Number of slips existing x 0wo 4-t pJ -pg d (i) Ara Finpar Ploro includod? ?Ye6 QNo If Yee (ii) Numbe/ {iii) lengltl ?? f`+ f A (iv) Width (v) Floating ?Yea ?NO t. (I) Aro 9oatlifts inctuoad? (ZYas QNO If yua. {ti) Nymner, (iu) Length (IV) vvidtn h Chock all the type; pl sorvieaa to be pravided O Full eervico Including Iruvel tin andlor roil, rapa,r Qr matAlenenCa 9orviCe Q Dockage. fuel and mama OUppiiee ® Oocknge ('wet alip9) only. number of slips, J-3 C) Dry;torago. nlatnbor of boot; - CNlp ? Hoot rnmp(s). number of Baal ramps. Q Other, ploase aascribo. i. Check the Wooosed type of ailing Q Land cut and O86a.9 Channel 00088, water, drQdginp for baairt and/or Zonnei 5DOPen Water. ne &Q91ginp reouired (Dpther; please describe. k. rypicet boat Idnglh; _ M. (i) Will Iho facility hsvq tie pilings? OYee ;ONO 04 If yeo numbar or tie pilinp6? I j. Describe the ly*zl boots In be 4ArVed open runabout, [hurter boa10, Lail boeta, mixed typos). ar-4 cxwi0 -&Nso(A 1, (1) Will Iho facliity be coon to Ind.gaao?gblic2 U ?YO; PNa t"i C J V DCM WILMINGTON, NG JUN 0 6 2008 TOTAL P.02 2. DOCKING FACILITY/MARINA OPERATIONS This section not applica, 3. Check earh of tho fnfl ,in c ;# r-, pf; c;_- .ti..... _..__...., --...._., ....,..........,......,,, .,? ,,,...,??? ??? u,c Nlupuseu project. ? Office Toilets ? Toilets for patrons; Number: Location: ? Showers ? Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (i) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake' signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? cs- k. Describe design measures that promote boat basin flushing? REC-1 =64 I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM WILMI W , ; m. Is the marina/docking facility proposed within a primary or secondary nursery area? OYes PNo n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes 99No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW []SAV OSB OWL ;9 None p. Is the proposed manna/docking facility located within or within close proximity to any shellfish leases? ?Yes (&No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicabl, a. (i) Is the boathouse structure(s): []Commercial []Public/Government OPrivate/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicabl a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 'This section not applicabl, a. Length b. Average distance from NHW, NWL. or wetlands c. Maximum distance beyond NHW, NWL or wetlands 1 6. MOORING PILINGS and BUOYS XThis section not applicablf a. Is the structure(s): OCommercial OPublic/Government EPrivate/Community c Distance to be placed beyond shoreline Note: This should be measured from marsh edge. if present. e_ Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DCM WILMINtaT! (j N,,, JUN 0 6 2OD8 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines ?0Ar=r K rIU?J t?ui lt?t? Note: For buoy or mooring piling, use arc of swing including length of vessel. b. Proximity of structure(s) to adjacent docking facilities. =?l ?f to C10 sf-PorL1 t?:? )ace c. Width of water body - [ 6 7L e. (i) Will navigational aids be required as a result of the project? ?Yes '?&No ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description: d. Water depth at waterward end of structure at NLW or NWL of f10 Nt-o -This section not applicable 5// - /og Date Project Name ? 1 ? Qc? ??,l?a.?,t ?'? Applica Name Applicant Signature RECEi iLL"D DCM WILMINGTON, NC "UN 0 6 2008 - .. U?J9cE s?tBAC?( 49 u 04 tr, 1-41- 'tir r- iF. ' v -..._..._ 4 I b st` ?f i J?._, k s V ti III _.... ?...,, .. _..,. f i RECEIVED DCM WILMINGTON, NC - -7o• -:JUN 0 6 2 08 I J .. N 11 1 4' 1 Mfr; DELE lipi IITY MFG., G, rein 1A 16) T y? o ? a1 r . ? S qt s r r ? ? c o a1 ? d UC E S - 73 L ` 44 C v) C DOM WILMINGTON, NC JUN 0 5 2008 Yage 1 of t ArcIMS HTML Viewer Map v 5 (SCE -5ETW K LINE- IS LOO)TEV / 5 -4 f/-OM PrOP' PROPC,6eD I- k>=r e. Map created with ArcNIS - Copyright (C) 1992-2008 ESRI Inc. PRcPbSED 6aflTl-lrr Dra-to IMJ ky o? q A erio,1 PhAo wr-ft, Aec s I Legend Right-Of-Way - Bridges Interstates, Expressways - US Hwys, Major State Hv State Hwys Major Thoruc - Interstate/ Expressway R - US Hwy/State Henry Ramp i?*>'' - - Vehicular Ferries - Year Vehicular Ferries -Seaso Harbor Line Navigation Channel Setback Disposal Areas Counties call other values> STATE-AB BR NC Water Features DCM WILMINGTON, NC JUN 0 6 2008 http://saw-egis.saw.usace.army.mil/servlet/com.esri.esrimap.Esrimap?ServiceName=redirec... 6/4/2008 Delehanty Proposed 2nd Boat Lift Drawing #3 - Aerial Photo (2007) 5/2/08 1; t j . rrmL - Maps Live Search Maps 114 SW Yacht Dr, Oak Island, NC 28465- 7548 Go to West end of island on oak island drive; turn left on SW yacht - 5th house on right - grey hse with 13' Boston Whaler in need of lift NEW!! Try Live Search 411 E Dial 1-800-CALL-411 for latest info Le?^ws? Cmssrc; rage i or i Rvt??r?;sczft' Virtual Earth'" ?t "N http://maps.live.com/print.aspx?mkt=en-us&z=12&s=r&cp=pngyk78ggfwy&poi=114%20... 5/20/2008