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HomeMy WebLinkAbout20070731 Ver 2_CAMA Application_20161128.1 0 Coastal Management Uv ENVIRONMENTAL QUALITY v PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director November 18, 2016 n4& �Karen Hi ins TO. g9 V 2 8 2016 401 & Buffer Permitting Unit DWR/Water Quality Permitting A ER RE OURCESFFER P MITTING FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell 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. "Additional comments may be attached" 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 DATED, State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ocean Isle Marina / TJM Ocean Isle Partners, LLC 2. LOCATION OF PROJECT SITE:2001 Sommersett Road SW, adjacent to the Atlantic Intracoastal Waterway, near the Town of Ocean Isle Beach, in Brunswick County Photo Index — 2006: 2-6203; I -K, 10-11 Lat:33°53'25.52890"N Long: 78°28'22.73593"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/26/2016 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received- 08/04/2016 Complete —11/03/2016 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Brunswick County Land Classification From LUP - Transitional (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing- Septic system Planned- None (F) Type of Structures: Existing- 25 slip marina, dry stack building, office building, parking area, travel lift, forklift pad, bulkheads. Planned- None (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal / 404) (B) Non -Vegetated Wetlands (Open Water) 27,000 sq. ft. (Shallow Bottom) (C) Other - Highground disturbance 10,000 sq. ft. (D) Total Area Disturbed: 0.85 acres (E) Primary Nursery Area: Yes (F) Water Classification: SA, HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to perform maintenance excavation of the marina basin within the footprint previously authorized under State Permit #4-82 (1982), State Permit #169-88 (1988) and State Permit #123-07 (2007). Page 2 Ocean Isle Marina 17 Nov 2016 9. PROJECT DESCRIPTION The project site is located at 2001 Sommersett Landing, adjacent to the Atlantic Intracoastal Waterway, on the mainland side of the AIWW, between the Town of Ocean Isle Beach and Sunset Beach, in Brunswick County. To find the property from NC Highway 17 South, turn left onto NC 904 / Seaside Road SW. Travel approximately 3.5 miles to NC 179 / Beach Drive SW, turn left and travel approximately 0.6 miles to Sommersett Road SW. Turn right onto Sommersett Road SW, and travel approximately 0.4 miles until the road dead ends at the subject property. The property is an approximately 5 -acre tract of land owned by TJM Ocean Isle Partners, LLC, c/o Tim Moon. The existing marina is a full service facility consisting of 25 wet slips, 270 dry storage racks with forklift haul out. The facility also includes storage buildings and an office with a residential apartment above. Also onsite are shower facilities, a full service boat yard and fuel. The approximately 715' of shoreline on the property is stabilized by an existing bulkhead which is partially bordered by coastal wetlands consisting mostly consisting of Smooth Cordgrass (Spartina alterniflora). There is no presence of coastal wetlands in the areas within and directly adjacent to the existing marina basin. The normal high water (NHW) mark is located along the existing bulkhead. The docking area consists of two (2) separate access points parted by the forklift pad and offload area. On the east side of the forklift pad, the floating spine and associated finger piers accommodate a total of 12 formalized slips and additional transient docking space along the floating dock that runs parallel with the existing bulkhead. The structures on the west side of the forklift pad include floating spines and finger piers in an L -shape configuration. This configuration accommodates a total of 13 formalized slips and additional transient docking space along the floating spine directly adjacent to the forklift pad. The property is bordered by residential property to the west, north, and east and the AIWW to the south. The marina facility has been in existence since originally permitted on January 14, 1982, State Permit #4-82 issued to Charlie Furr. State Permit #169-88 was issued on September 2, 1988 for maintenance dredging, a travel lift and extension of the pier. This permit was issued to M & J Marine Services. The marina was later sold and operated under the name of Pelican Point Marina. In 2007, State Permit #123-07 was issued to TJM Ocean Isle Partners LLC for the reconfiguration of the docking facility structures and maintenance dredging of the existing dredge footprint from 1988. A Minor. Modification to State Permit #123-07 was authorized in 2009 for development of the gravel parking area and construction of a new bulkhead. This permit was subject to the Permit Extensions Act and expired January 1, 2014. The facility has been issued several CAMA General Permits for a boatlift addition and bulkheads, (see, GP Nos. 17534, 18363, 38477 and 45823). The waters of the AIWW in this location are classified as "SA, HQW' by the North Carolina Division of Water Resources. The area is designated as a Primary Nursery Area by the North Carolina Division of Marine Fisheries and is closed to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to perform maintenance excavation of the marina basin within the footprint previously authorized under State Permit #4-82 (1982), State Permit #169-88 (1988) and State Permit #123-07 (2007). The applicant is proposing to excavate an area measuring approximately 180 feet in width by 150 feet in length (see site plan Cl). The original dredge footprint was authorized to a final depth of -6 feet @ Mean Low Water (MLW). The existing bottom contour is at approximately -3 feet MLW due to shoaling. The proposal is to excavate approximately 3,000 cu. yards of material by bucket and barge to achieve a depth of —6 feet MLW. The application includes authorization to use the adjacent property located at 7021 Allred St. SW. for spoil disposal. The spoil disposal area would measure approximately 100 feet in width by 100 feet in length and would be contained by a silt fence and located on high ground approximately 30' from normal high water (NHW). The application states that the spoil would then be trucked to offsite to a location that is to be determined. Page 3 Ocean Isle Marina 17 Nov 2016 10. ANTICIPATED IMPACTS: The proposed dredging would result in the excavation of approximately 27,000 sq. ft. of shallow bottom within a designated primary nursery area previously authorized for excavation. The spoil disposal would result in the disturbance of approximately 10,000 square feet of high ground. Minor increases in turbidity should be expected during the excavation process. Submitted by: Sean Farrell Date: November 17, 2016 Office: Wilmington PROJECT NARRATIVE CAMA PERMIT OCEANISLE MARINA TJM OCEAN ISLE PARTNERS, LLC The subject tract is located at the end of SR 1161 where it intersects the AIWW. The area is locally known as Sommersett Landing and is located between Sunset Beach and Ocean Isle Beach, Brunswick County. The site has been an operating marina since 1982 and is approximately 5 acres. Structurally there is one dry stack building, two smaller buildings serving as offices. In addition, there are outdoor boat racks, above ground fuel tank and gas pumps, boat docks, bulkhead and forklift isles. The applicants proposes to reinstate an area of maintenance excavation with a five (5) year renewal. Exact amounts/volume and spoil disposal to be determined when excavation is needed. nmr-1 ricnnornr Niger Development Pomit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Tjm Ocena Isle Partners, Lic Project Name (if applicable) Ocean Isle Marina & Yacht Club Applicant 1: First Name Timothy MI A Last Name Moon Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2000 Sommersett Rd SW PO Box City Ocean Isle Beach State NC ZIP 28469 Country Brunswick Phone No. 910 - 579 - 6440 ext. FAX No. 910 - 579 - 8535 Street Address (rf different from above) City State ZIP Email tmoon@oceanislema6na.com 2. Agent/Contractor Information Business Name Brunswick Dredge And Dock Agent/ Contractor 1: First Name Robert MI Last Name Galante Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 3168 City Shallotte State NC ZIP 28459 Phone No. 1 843 - 241 - 8705 ext. one No. 2 - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email galanterobert@gmail.com <Form continues on back> 2.5a-868-2808 ., 1-888-4RCOAST .. www.nccoastalmanage,eent.net Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 2000 Sommersett Rd SW d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip Sommersett Landing Ocean [sale Beach NC 28469 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 579 - 6440 ext. i. Is the proposed project consistent with the applicable zoning? a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumbar AIWW 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. Brunswick County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 714.86 190,591 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water /eve/) if man; lot sizes, lease attach additional ( y p page with a list) 6 XIVHW or ❑NWL e. Vegetation on tract Landscape and grasses f. Man-made features and uses now on tract Dry Stack Boat storage buildings and office with resdential apartment above. g. Identify and describe the existing land uses adiacent to the proposed project site. To the East, residential. To the west, vacant commercial. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Commercial (Attach zoning compliance certificate, if applicable) ®Yes ❑No [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa 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 [INA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .- 1-888-4RCOAST rt Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. I. EXCAVATION 0This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yams. Silt 3,000 c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. To be determined c. (i) Do you claim title to disposal area? []Yes []No ®NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes []No [INA (ii) If yes, how much water area is affected? ti _ 252-808-2808 :. 1-888-4RCOAST - °raw.rrccoastalm.-ina �e enfP.net revised. 12/26106 Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 150 Width 180 Avg. Existing Depth 3 NA NA Final Project Depth 6 NA NA I. EXCAVATION 0This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yams. Silt 3,000 c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. To be determined c. (i) Do you claim title to disposal area? []Yes []No ®NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes []No [INA (ii) If yes, how much water area is affected? ti _ 252-808-2808 :. 1-888-4RCOAST - °raw.rrccoastalm.-ina �e enfP.net revised. 12/26106 Form DCMIP-2 (Excavation and Fill, Page -2 of 2) , 3. SHORELINE STABILIZATION 0 This section not applicable (if development is a wood groin, use MP -4 — Structures) a. i ype or snorenne staomzanon: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No [INA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTMITIES ®This section not applicable (Excluding Shoreline Stabilizabon) a. (i) Will fill material be brought to the site? []Yes []No [INA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of the fill in these areas: 5: GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? backhoe or hydraulic dredge c. (i) Will navigational aids be required as a result of the project? []Yes ®No [INA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No [INA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Ocean Isle Marina Date Applicant Name 08/03/2016 Timothy A Moon Applicant Signatur ._ Project Name e . piss!u 252-808-2808 ;: 1 -888 -4R --OAST ;: an vvw.nccaastap aiiagernent.ne't r -Asea: 12126106 vj\* SITE VICINITY MAP N.T.S. ELEVATION BASED ON NAVD 1988 MEAN HIGH WATER ELEVATION = 1.9' MEAN LOW WATER ELEVATION = -2.9' LEGEND MWL MwL NWL NWL - 11 1 1 Landis Imiestment9, LLC 111 DB. 2801. Pg. 420 1 Map B243PG037120 . 11� 9.98 x 10.55 t 'Q 0 �S �O CAMA LINE MEAN HIGH WATER LINE NORMAL HIGH WATER LINE EXISTING DREDGE AREA X 9.23 SUBJECT TO DEVELOPMENT RIGHTS x 9.22 x M. Gooden 1.48 ($1 Robert x 11.00 O 05. 1971, P9.849 243Pt1024 -43MI006 i.°3� Henry T. Cole G� w DB. 988, P9. 563 �x12.0505 c X 10.25 5° A 10.54 x £ � x 9.30 x 9UBJECrTo DEVEIAPMEM' F ams 9.821 0 T63 X 9.56 %g,wm', x 9.02 Al a x 9.17 x 8.58 8.65 x x 8.56 9.29 NGWAUX=Ad YMN1N.T.M41 PMWf NgIn9 A!lMOWI1 M QIAIiR CLIMa N(A. ll.M414419 41441! 9,99 x 7,26 243PH025 Anthoiy M• Smm DB. 1534, P0. 479 �treetv p 8.82 x x9.72 x7.13 x 7.24 x 10 08 x 6,88 sMan�-rro �x ' j%j6 6. 5. ���01 �' � � Mil.' �• X a� J � s61'Ba�•� j B" ------------- � 1 CAMA SETBACK x -2.24 30 CAMA SETBA�l / I9UBACr To DGV FMDlT JGms x -3.46 x -2.64 Zn%ToR 1° zdre.W x X x -4.89 x -3.09 -3.41 x x 8.90 / x 5.23 6.68 i J / MEAN HIGH WA7KUNE` x 9.68 .37 . 2Hp0I \ TJM n43PIsle rYnen LLC ` x 05. 2765704 813 .13 MC. 48, PGS 50 �. 5.35 1 / I x 6.79 *81.9 1TO 1 5.5t DEV"PMENT RIGHTO 3"8.62 K 98 8.18 1•\ \\ x 5.58 x 7.07 \ \ x 7.58 x 7.07\ G \ PROPOSEO-'� BO LF X119\C1M °�� EL i J � 75'CAMA 5 ACK K _9'� x 6,18- x 5.52 x 6,88 sMan�-rro �x ' j%j6 6. 5. ���01 �' � � Mil.' �• X a� J � s61'Ba�•� j B" ------------- � 1 CAMA SETBACK x -2.24 30 CAMA SETBA�l / I9UBACr To DGV FMDlT JGms x -3.46 x -2.64 Zn%ToR 1° zdre.W x X x -4.89 x -3.09 -3.41 x 154 IIS OS I x -2,96 rTo I x -3.22 x -3.13 x Ix -3.63 a x -3.45 x -3.65 x -4.87 x -8.74 x -5.86 IN x -10.76 11 _ 4.l - - BOATING DDCK MAINTENANCE DREDGE AREA SINCE 5/86 x -13.93 x -6.35 x -9,21 x -12.88 x -14.03 NEL _ �_cE_oF �I,A"_ �/aterwaY _ % � x y9,72 �ntra-coa5 at 11NEOrCtWJNELI - ____-- ------ USAC _�- X-3.29 x -350 Z O F K Q O 0 aj N ac z D N J Q Z J 0 m Q V Z Q Z W Z I- z H m V N A J () N Z N p tau w a o m U M" M M �I z c/3 x?k a a z o L n t"j N U O W Z Z Z c/) �zN mz U y3~ 0 r3 z x -10.95 14087 D¢ JPN clm. JPN WB DATB 04/14/15 x -17.93 *g. Y SCALE: 1 " = 80' I - m- cl 0 80 160 240. x x 8.90 / x 5.23 6.68 x5.15 x6.73 x 9.68 \�zi \� / I x 6.79 x 5.58 1 MEAN HIGH WATER UNE x 8.66 x 7.42 x 7.15 `a x 5.52 x x 7.39 -1.24 U� 6.63 Q -1.13 I-.85 x 5.72 I x 5 .45 i-1.85 \ x 4.59 x 4.65 x 5.07 f,A�,ftSH �,n \13 w Hts Pelican Pointe Manna, Inc 801, Pg. 1052 USACE MON. T25-4 257AB0I101 x-.50 USACE MON, T25-6 3,94 x x 4.0 11 / 11L 1 „ 4'40 -0- _� X 4.03 A' x -2. 6 561'32WW -3.33 3sl 32oe w 538.96 I 194.92' x 154 IIS OS I x -2,96 rTo I x -3.22 x -3.13 x Ix -3.63 a x -3.45 x -3.65 x -4.87 x -8.74 x -5.86 IN x -10.76 11 _ 4.l - - BOATING DDCK MAINTENANCE DREDGE AREA SINCE 5/86 x -13.93 x -6.35 x -9,21 x -12.88 x -14.03 NEL _ �_cE_oF �I,A"_ �/aterwaY _ % � x y9,72 �ntra-coa5 at 11NEOrCtWJNELI - ____-- ------ USAC _�- X-3.29 x -350 Z O F K Q O 0 aj N ac z D N J Q Z J 0 m Q V Z Q Z W Z I- z H m V N A J () N Z N p tau w a o m U M" M M �I z c/3 x?k a a z o L n t"j N U O W Z Z Z c/) �zN mz U y3~ 0 r3 z x -10.95 14087 D¢ JPN clm. JPN WB DATB 04/14/15 x -17.93 *g. Y SCALE: 1 " = 80' I - m- cl 0 80 160 240. U D r -0 m _ I' r om _x 0 a a 0 z 0 m 0 m 0 O z BULKHEAD a 0 -zz V N rn D z < z r o = 0 0 m D m I N SYMBOL I DATE DESCRIPTION REVISIONS © 2015 NORRIS do rUNSTALL NORRIS & TUNSTALL OWNER: MAINTENANCE DREDGE AREA EXPANSION TJM OCEAN ISLE PARTNERS, LLC CONSULTING ENGINEERS P.C. OCCANISLEMAMNA 2000 SUMI.4ERSEIT RD Sw TYPICAL EXCAVATION CROSS SECTION 902 MARKET STREET PHONE (910) 343-9653 OCEAN ISLE BEACFI,NC28469 OCEAN ISLE MARINA WILMINGTON, NC, 28401 FAX (910) 343-9604 N&T LICENSE NO. C-3641 BRUNSWICK COUNTY. NORTH CAROLINA -zz V N SYMBOL I DATE DESCRIPTION REVISIONS © 2015 NORRIS do rUNSTALL NORRIS & TUNSTALL OWNER: MAINTENANCE DREDGE AREA EXPANSION TJM OCEAN ISLE PARTNERS, LLC CONSULTING ENGINEERS P.C. OCCANISLEMAMNA 2000 SUMI.4ERSEIT RD Sw TYPICAL EXCAVATION CROSS SECTION 902 MARKET STREET PHONE (910) 343-9653 OCEAN ISLE BEACFI,NC28469 OCEAN ISLE MARINA WILMINGTON, NC, 28401 FAX (910) 343-9604 N&T LICENSE NO. C-3641 BRUNSWICK COUNTY. NORTH CAROLINA