Loading...
HomeMy WebLinkAbout20051411 Ver 1_Complete File_20050908?OF WATF?O Michael F. Easley, Governor O G William G. Ross, Jr., Secretary 0) North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 8, 2005 Paula J. Hand 129 Hickory Point Extension Hampstead, NC 28443 Subject: Dear Mrs. Hand: F/ i.'R rg C"a 419 01 Water Quality GC #34906 EP 1 t 200 129 Hickory point Extension DWQ Project # 05 1411 ,ETUV NR _ t1rAr?R Q4, Pender County °'``a?+u'''?%;;tr`?E," The Wilmington Regional Office received your copy of the CAMA Major Permit Application for digging 272 square feet of high ground for a boat basin and associated dredging of 40.8 square feet of coastal wetland and 307.4 square feet of open water impacts at your property located at 129 Hickory Point Extension, Pender County. After the Division of Coastal Management issues you a permit, you are authorized to proceed under General Water Quality Certification # 3490 (enclosed). Written concurrence from DWQ is not required provided that you can meet all of the conditions of this certification. Please read the conditions in the enclosed General Certification #3490. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any unpermitted impacts to wetlands or water quality, you must contact this office immediately. 7215. If you have any questions concerning this matter, please do not hesitate to call me at (910)-796- , Sincerely, i ?G 1 Joanne Steenhuis Environmental Specialist III cc: Ian McMillan, Wetlands Unit Henry Wicker, US Army Corps of Engineers Gayle Stenburg - CAMA Wilmington Doug Huggett - CAMA Morehead Mark Clements - Consultant WiRO North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1 -877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us orthCarolina An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Nrt hCarofin 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 September 7, 2005 Revised Field Investigation Report Mrs. Paula J. Hand a• `' 129 Hickory Point Rd. v v 7 Hampstead, NC 28443 t Dear Mrs. Hand: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the excavation of a boat basin and the construction of a bulkhead at the end of the Hickory Point Rd Ext., adjacent to the Middle Point community boat ramp and the Atlantic Intercostals Waterway, in Hampstead, Pender County. The application was first received on March 1, 2005. On April 27, 2005 a request for additional information was issued which identified information needed to make the application complete. The modified application was received on June 10, 2005, and was submitted for processing. The projected deadline for making a decision is August 24, 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 10, 2005, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, C Gale Stenberg Field Representative cc: Doug Huggett, DCM Ted Tyndall, DCM Henry Wicker, COE LPO 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-350-2004 1 Internet: http://www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT REVISED FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mrs. Paula J. Hand 2. LOCATION OF PROJECT SITE: Proposed site is at the end of the Hickory Point Rd. Ext., adjacent to the Middle Point community boat ramp and the Atlantic Intercoastal Waterway, near Hampstead, Pender County. Photo Index - 2000: 26-341, grid O-P 8 1995: 26-324, rid N-O 7 1989: 4 172 21, rid G 11 State Plane Coordinates - X: 2414280 Y: 236806 Rover File: Q052415A 3. INVESTIGATION TYPE: CAMA/ D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/25/05, 05/24/05 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 06/10/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - None Planned - Excavation of boat basin and construction of a bulkhead (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFDnFD PTT T PTl /ITTTT;T? (A) Vegetated Wetlands 40.5 sq. ft. N/A N/A (Coastal) (B) Non-Vegetated Wetlands 305.1 sq. ft. N/A N/A (Open Water) (C) Other 270 sq. ft. N/A N/A High ground (D) Total Area Disturbed: 615.6 square feet (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate a High-ground Boat Basin (13'x20') adjacent to a manmade canal. Mrs. Paula J. Hand September 7, 2005 Page Two 9. PROJECT DESCRIPTION: The applicant's proposed project is located at the end of the Hickory Point Rd. Ext., adjacent to the Middle Point community boat ramp and the Atlantic Intercoastal Waterway, near Hampstead, Pender County. To get to the project site, from the intersection of US Hwy 17 and the southern crossing of Sloop Point Road, go East approximately 1.6 miles to Hickory Point Rd. Take a right on Hickory Point Rd. and follow it to the Middle Point community boat ramp and the Atlantic Intercoastal Waterway. The project site is located next to the Middle Point community boat ramp, on the north side adjacent to a man made canal. The project site is owned by Mrs. Paula J. Hand. The size of the entire track of land is 0.193 acres with an approximate elevation of 4 ft. above mean sea level (MSL). The shoreline area along the man made canal measures 13.5 ft. in width with a 3 ft. wide area of Smooth Cordgrass (Spartina alterniflora) along the shoreline edge. The man made canal measures 60 ft. in width with a maximum depth of 5.5 ft. below MHW. Vegetation associated with the high ground portion consists primarily of lawn grasses The waters of the man made canal adjacent to the project site are classified SA by the North Carolina Division of Water Quality and are CLOSED to the Harvest of Shellfish. The waters are designated as a Primary Nursery Area by the NC Division of Marine Fisheries. 10. PROPOSED PROJECT: The applicant proposes to build a boat basin located along a man made canal that connects to the Atlantic Inter Coastal Waterway. The proposed boat basin is for private residential use and would be built by excavating a total of 71 cubic yards of dirt with a backhoe and then building a bulkhead measuring approximately 20 ft. x 13 ft. x 20 ft. long along the inside of this basin. The proposed depth of the excavated area is 5.5 ft. below MHW and would extend through vegetated wetlands and into the adjacent man made canal. The depth of the adjacent man made canal is 5.5 ft. below MHW. The excavated fill dirt would be placed on the upland portion of the property, contained within a silt fence and then stabilized with vegetation until it can be used at a later date when constructing their home. There is an existing community boat ramp located on the adjacent property south of the proposed project location and there are existing single-family residential properties located north of the proposed project location along the man made canal. 11. ANTICIPATED IMPACTS: The proposed project would result in the removal of 40.5 sq. ft. of vegetated wetlands, primarily Smooth Cordgrass (Spartina alterniflora), along the edge of the man made canal. It would also incorporate the excavation of approximately 270 sq. ft. of high ground area and 305.1 sq. ft. of non-vegetated open water area. The construction of the boat basin could increase turbidity levels during project activity, however, no long-term adverse impacts are anticipated. Revised Report Submitted by: Gale Stenberg Date: September 7, 2005 Office: Wilmington Mrs. Paula J. Hand September 7, 2005 Page Three Recommendations for State Permit - Private Boat Basin and Bulkhead September 7, 2005 This proposed project is located in a primary nursery area and would also require the excavation of a narrow strip of vegetated wetlands. 15A NCAC 7H .0208 (b)(1) states in part that boat basins shall be located so as to avoid primary nursery areas and irregularly flooded coastal wetlands. It goes on to state that excavation in a primary nursery area and the excavation of narrow fringes of irregularly flooded coastal wetlands along a previously permitted canal may be allowed as long as the identified proper construction standards are followed. Because this proposed boat basin is located on previously dredged canal and is designed to follow all proper construction standards, it is therefore recommended that a permit be issued subject to the following conditions: 1. Excavation will not exceed 2.5 feet below the mean low/normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 3. The back fill material/disposal area/disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 4. The spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 5. No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. SEP-01-2005 THU 10:42 AM NO DIV OF COASTAL MGMNT FAX NO. 4 I:3TVE`- ON O COASTAL, MANAGEMENT NCDENR ErlVl,':_ v1IL'Nt ANp tt?li LI(tAL FtL?OUIiCL? ar-. ll To. TELEPITONF: FAX: (9 10 ) '1C? _?_.. r? P Uom': Mol-ollead City Office 400 Commerce Avenue Morchead City, NC; 28557-3421 Voice: (252) 808-2808 l,AX: (252) 247-3330 0 ,`Ve _ ?. "I'CYl'A1,11AC;fI I N C MTUING COVER SHP,R'r': P. 01 SEP-01-2005 THU 10:42 AM NO DIV OF COASTAL HGMNT C f--.'.11 -Cit; 12 .: f: Ph r1ARK2GLErNEtITS ';L4,-;ts-?J,? WE9 11:?h Al NJ D1V U!' C'JP. lk n1 M, :,,,I F'r cm `AV " rv10N A ND ItiILL .y .t?rt:ciQ{ Y?L[i;?Ifg1 ?ii r5y1X,i?I?wAY? Lclt ?? r°+?w?it', L?MLL?S"-1 ? INe i?>c wa ?,amyiar,+ ?Il c?i,•?' ?i?n=b? ?tb? Y A??1kl?s'd?stx+? tm obi tdl! ?r_,2.?•?S:r?. AXi '?i,;.Fs' i? ? i in i?et ?Irut pppy-'''•/jjj? Jjy. 1af1:.i?.lYBrl'1' is '.7l?'jrk? FAX NO, 4 91O+270 -4491 rR}S i?U4 T4r4 jj? P. 02 P.©2 N U? cb' p q ri rm " tii n +ym t+i C. 1. Z1GAVA.` %0N ? 'A?eaoiee of aiu?e+t?i! W Ia ima b?ow•,,r ww'w "W' In b. Tyr, of grid W %* ata? .At r- Dw im w% is ra wa mwd Wvdr mogul 0AME) ai n+dt?r WWWW-7 es No w*zmwd w='01M a w*. -HLI- - _.1 ti .. x. OSA:L OF VrCAwAM F r I ? ?0 dt? to ?pa?t ? J4 ya No it on, ww* a i7MOC1. - d.. WRY R fdpnw on k wamk for' ludates ; uab»a Ytx ?)Qa AUG 31 A ZOO!) E d yR•• LIV Form DChi _NIP c. Does the disposal area in-Jude any coastal wedan - (marsh), SAVs or o5wr wetlands? Yes No £ • Does the disposal include any area in the vrater? Yes V` No 3. 'MOREL NE STABILIZATION _ a. Type of gwrei'me stabil n Rivrav b. Length. 13 t c. Average distance of MHW or NWL CL MaXiMUM. distance of MHW or NWL e. Shoreline erosion dining preceding 12 months ?Sararr oJir?o.maco.:j £ Type of buDdiead or r-r , r xnatmrW -i Vu /o g. Amount of IM in cubic yams m be plaei below ? Iewl (I) Ripr? (2) Bulkhead bak-ll IL Type of M_1 maul i- Source ofim M=Er 1 4. 01 FELL AMMIES ( IIo ?1Qr CIZ1G on! a- Will n'-TI ma=W be to sim? Yes No If yes, Amount of material to be placed in the l? water f-) Dimensions of fill area Purpose of fil b_ Will fill material be placed in coastal_ wetlands (marsh), SAVs or oth wetlands? Yes No If Yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How wt7ll excavated or fill be kept on site and erosion controlled? b- What type of construction _ equipment will be-used (ror : emample, 'draglme, backhoe.,, -or hydraulic dred )7. 77?? - C- FfT'Ii I wed2nds be =-ssed in U-MSP euummrnt to Proj= sin:? Yes No M e4Iam steps tbaz wM be taken to lessen eM&UMMental fiqx . ICJ +.,p _? -. AW=-m or Date _ _ - 4 Form DCM-MP4 STRUCTURES (Contraction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DCM-MP-1. Be sure to cmVIete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial Commtmky _ Private JY (2) Number (3) Length (4) Width (5) Finger Piers Yes No (i) Number (i1) Length (ii) width )? 1t7 platform(s) Yes No / y (i) Number C1) Length (iii) Width (7) Number of slips proposed (8) Proximity of property lines t aC ?' (9) Width of w boy _ &0 ? (10) Water depth at 10 end of pier at MLW or NWL b Boathouse Ctncluding covered fibs) (1) Commercial Private (2) Length i (3) Width Groin (e.g. wood, sheetnile, etc.) VIA (1) Num ber (2) mb Leugth(S) - d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance f m MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) _ Commercial Community = Private Number I Description of buoy (Color, inscription, size, anchor, etc.) Widen of water body Dice buoy(s) to be placed beyond shoreline f. ooring structure (boadift, mooring pings, etc.) 1) _ Commercial Community _ Private Q) Number P) Length (4) Width g. Other (roe wnv&ve desa4p6m) ?10 a- G RcTW 03195 Date - "LLJ 1f C ni CD C:D oM 77 ? / `-, =` C7 z s, I ,77 2. i 77 accv?f c?2 j 2 221 i t1 `r- v l ?V r v i Q JJ I c \ v , ' I I7 I? j f i ?iIUG 4 u .,, w . •S% E I if ?o Iro Z)S-14h Permit Class Permit Number NEW 146-05 STATE OF NORTH CAROLINA] D Department of Environment and Natural Resource and 4 X005 Coastal Resources Commission SF P ' WAT _p Q11AUTY ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paula Hand, 129 Hickory Point Ext., Hampstead, NC 28443 Authorizing development in Pender County at adjacent to the AIWW, off Sloop Point Rd., Hampstead , as requested in the permittee's application dated 1/15/05 (MP-1) and 2/15/05 (MP-2 and MP-4), including the attached workplan drawings (3), dated 8/22/05. This permit, issued on September 23, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Boat Basin Excavation 1) Excavation of the approved boat basin and access channel shall not exceed 43 feet long and 13 feet 6 inches wide. The depth of excavation shall not exceed -5.5 feet below the normal high water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2) An earthen plug shall be left between the area to be excavated and the existing tributary and a 24-hour period after completion of excavation shall elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. (See attached sheets for Additional Conditions) This pernut action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. fr' Char es S. Jones, Director 'Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Paula J. Hand Permit # 146-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) No vegetated wetlands shall be excavated outside of the area indicated on the attached workplan drawings dated 8/22/05 without permit modification. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. Spoil Disposal 5) All excavated materials shall be confined to the area indicated on the attached workplan drawing and behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. Any proposal to change the spoil disposal site may require modification of this permit. Contact a representative of the Division at (910) 796-7215 for this determination. Shoreline Stabilization 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 9) The backfill material shall be clean and free of any pollutants except in trace quantities. No backfilling shall take place within any area of vegetated wetlands. Sedimentation and Erosion Control 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. 11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty calendar days of project completion. General 12) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. Paula J. Hand ADDITIONAL CONDITIONS Permit # 146-05 Page 3 of 3 13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 14) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 05-1411), which was issued on 9/08/05. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198200277 (COE Action Id. No. 200501059) which was issued on 08/24/05. Permits issued Subject: Permits issued From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> Date: Fri, 09 Sep 2005 09:56:48 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Laurie J Dennison <Laurie.J.Dennison@ncmail.net> Pender Adult Services- Pender County (DWQ # 05-1359) was issued 9/8/05 Widgon Creek Hunt Club Carteret County (DWQ # 05-1461) was issued 9/8/05 Paula S. Hand Pender County (DWQ # 051411) GC letter written 9/8/05 Hard Copies in Courier 1 of 1 9/9/2005 10:03 AM OF W ATF9 Michael F. Easley, Governor P William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E., Director U Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 26, 2005 D ? ? ??? CERTIFIED MAIL: 7004 2890 0002 3418 0886 Do RETURN RECEIPT REQUESTED SEP 8 2005 Paula J. Hand DENR - WATER QUALITY 129 Hickory Pont Extension WETLANDS AND STORMWATER BRANCH Hampstead, NC 28443 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORMATION Boat Basin DWQ Project # 05-1411 Pender County Dear Ms. Hand: This Office has reviewed your CAMA application for the dredging of a high ground boat basin at your property located at 129 Hickory Point Extension in Pender County. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or waters on the subject property. Therefore, unless we receive the additional information. requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. The Excavation and Fill sheet (DCM MP-2) only indicates the upland basin being dredged. This conflicts with the profile drawing included in the application, which shows dredging out to 40'. The open water area should be included in order for you to access your basin. 2. The plan view of the drawing is not drawn to scale as indicated. 3. The length of bulkhead includes the total linear feet around the basin for shoreline stabilization not just the 20' for the length of the basin. Please respond within three weeks of the date of this letter by sending a copy of the information to Joanne Steenhuis and to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260, his phone number is (919) 715-4631. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-3900. Si 1c canne Steenhuis Environmental Specialist III cc: Ian McMillan-401 Oversight Henry Wicker - Corps of Engineers Wilmington Gale Stenberg - DCM Wilmington Mark Clements - Clements Marine W iRO N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;' NorthCarolina Naturally 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 July 26, 2005 20 05 1 4 1 1 JUL 2 6 2005 MEMORANDUM: Lxy. TO: Cyndi Karoly ' Supervisor 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection p .q (r)? [R U FROM: Doug Huggett, Major Permits Coordinator JUL 2 2005 SUBJECT: CAMA & Dredge and Fill Permit Application Review DENR - WvATE ??NDS R QUALITY Applicant: Paula J. Hand ANp S70RMWgrER BRA?yDy Project Location: End of the Hickory Point Road Ext. adjacent to the Middle Pt. Community Boat Ramp and the Atlantic Intercoastal Waterway, Hampstead, Pender Co. Proposed Project: The Applicant proposes to excavate a High-ground Boat Basin (13'x20') adjacent to a manmade canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 18, 2005. If you have any questions regarding the proposed project, please contact Gale Stenberg at (910) 796-7292, 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 2 0 0 5 1 4 1 1 1. APPLICANT'S NAME: Mrs. Paula J. Hand 2. LOCATION OF PROJECT SITE: Proposed site is at the end of the Hickory Point Rd. Ext., adjacent to the Middle Point community boat ramp and the Atlantic Intercoastal Waterway, near Hampstead, Pender County. Photo Index - 2000: 26-341, rid O-P 8 1995: 26-324, grid N-O 7 1989:4 172 21, grid G l l State Plane Coordinates - X: 2414280 Y: 236806 Rover File: Q052415A 3. INVESTIGATION TYPE: CAMA/ D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/25/05, 05/24/05 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 06/10/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - None Planned - Excavation of boat basin and construction of a bulkhead (G) Estimated Rate of Erosion: NIA Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 40.5 sq. ft. N/A N/A (Coastal) (B) Non-Vegetated Wetlands N/A N/A N/A (Open Water) (C) Other 270 sq. ft. N/A N/A ' High ground (D) Total Area Disturbed: 310.5 square feet (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate a High-ground Boat Basin (13'x20') adjacent to a manmade canal. Mrs. Paula J. Hand July 22, 2005 Page Two 9. PROJECT DESCRIPTION: The applicant's proposed project is located at the end of the Hickory Point Rd. Ext., adjacent to the Middle Point community boat ramp and the Atlantic Intercoastal Waterway, near Hampstead, Pender County. To get to the project site, from the intersection of US Hwy 17 and the southern crossing of Sloop Point Road, go East approximately 1.6 miles to Hickory Point Rd. Take a right on Hickory Point Rd. and follow it to the Middle Point community boat ramp and the Atlantic Intercoastal Waterway. The project site is located next to the Middle Point community boat ramp, on the north side adjacent to a man made canal. The project site is owned by Mrs. Paula J. Hand. The size of the entire track of land is 0.193 acres with an approximate elevation of 4 ft. above mean sea level (MSL). The shoreline area along the man made canal measures 13.5 ft. in width with a 3 ft. wide area of Smooth Cordgrass (Spartina alterni, flora) along the shoreline edge. The man made canal measures 74 ft. in width with a maximum depth of 3 ft. below MLW. Vegetation associated with the high ground portion consists primarily of lawn grasses The waters of the man made canal adjacent to the project site are classified SA by the North Carolina Division of Water Quality and are CLOSED to the Harvest of Shellfish. The waters are designated as a Primary Nursery Area by the NC Division of Marine Fisheries. 10. PROPOSED PROJECT: The applicant proposes to build a boat basin located along a man made canal that connects to the Atlantic Inter Coastal Waterway. The proposed boat basin is for private residential use and would be built by excavating 16 cubic yards of dirt with a backhoe and then building a bulkhead measuring approximately 20 ft. x 13 ft. x 20 ft. long along the inside of this basin. The proposed depth of the excavated area is 2.5 ft. below MLW and would extend through vegetated wetlands and into the adjacent man made canal. The depth of the adjacent man made canal is 3 ft. below MLW. The excavated fill dirt would be placed on the upland portion of the property, contained within a silt fence and then stabilized with vegetation until it can be used at a later date when constructing their home. There is an existing community boat ramp located on the adjacent property south of the proposed project location and there are existing single-family residential properties located north of the proposed project location along the man made canal. 11. ANTICIPATED IMPACTS: The proposed project would result in the removal of 40.5 sq. ft. of vegetated wetlands, primarily Smooth Cordgrass (Spartina alterniflora), along the edge of the man made canal. It would also incorporate the excavation of approximately 270 sq. ft. of high ground area. The construction of the boat basin could increase turbidity levels during project activity, however, no long-term adverse impacts are anticipated. Submitted by: Gale Stenberg Date: July 22, 2005 Office: Wilmington DCM WILMINGTON, NC Form DCM-MP 1 JUN 10 2005 APPLICATION- (To be completed by all applicants) b. City, town, or 17dmark G`' 1. APPLICANT ' c. ' Street addrgss or secondary rqa number _5ymop po?n? a. Landowner: r Name :Rau a a n 6 Address t?IdXo 'q n 11 ' City State P1-- Zip Day Phone d. is proposed woric,?ithin city limits or planning jurisdiction? V Yes No e. Name of body of water,,pear ?p?ojest (e.g. river, creek, sound, bay} ?.c.?.?l/ 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: 0 List all development activities you propose (e.g. Name ! @? tl cY?A? budding a home, motel, marina, bullchead, pier, and l G „/ f /D , f excavation IT fillip activities. Address. A!2%VA A I G J1 /1' C. f • A e, city AAIVA?A y _ sm Zip Day Pbone '/. t b. Is the proposed activity mainten ce of an existing project, new work, or both? Fax?1OZ7of C. Project of arty) !! d. Nom Pamk ww be ismed in ww• of lodo?nv(s), =8&kr prgea mm m 2. LOCATION OF PROPOSED PROJECT a. County ?WAJ& Will the project be for public, private or commercial use? - - nx'1_ +f- c. Give a brief description of purpose, use, methods of constnu Lion and daily operations of proposed project. If more sp*e is needed, please attach d3 744 Revised 031% Form DCM MP-1 4. LAND AND WATER / CHARACTERISTICS a. Size of entire $actA_ o • s b. Size of individual lot(s) c. Approximate tt elevation of trail above MHW or NWL d. Soil tW(ssa texnue(s) of tract e. Vegetation on tract e f. Man-made features now on tract g. What is the CAMA Land Use Plan land classification of the site? (mnsuli the local lurid use plmL) Conservation Transitional :Devekoped Community Rural Other h. How is the SQL ?,by)W txal Sover1e0 i. Is theproposed jest consistentwith the applicable zoning? Yes No Oiva,* z-&g mvpr- -4Svoar, +JSr6cc&kI ;smeat been j. Has a professional archaeological asse. done for the tract? Yes 1/ No If yes, by whom7 k. Is the project located in a National Registered Historic District or does it involve a National Register listed or ell ble property? Yes No 1. Are there wetlands an site? ZYes No Coastal (marsh) (= If yes, bas a delineation been conducted? MnaA doao-aitaria % jra-"k) RECEIVED DCM WILMINGTON, NC JUN 10 2005 Describe existing wastewater treatment facilities. Describe location and We of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industriallcommercial effluent, 'wash down' and recidendal discharges.) dr Rce G r 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 instrhmnent under which the applicant claims title to the affecad properties. If the gVlicmtt 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 tide, plus written permission from the owner to carry oat the project. • An sc=ate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 112' by 11' white paper. (Refer to Coastal Resources Commission Rule 7J.0203 fur a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prinis or other larger plats are acceptable only if an adequate cumber of quality copies are provided by applicant. ( -ontaa the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat raph meats and it must be sufficiently detailed to guide agency personnel liar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary mad (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and aompiete addresses of the adjacent viate rfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the applicati m and plats by certified mah'l. Such landowners must be advised that they have 30 days in which to submit comments on the proposed pnae a to the Divisian of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone • A fist of previous state or feda-al pamits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to coves the costs of processing the application. • A signed AEC baard notice for projects in oaaufrom and inlet areas. • A statement of eompliiaace with the N.C. Environmental Porky Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 i°=L/?i V CLJ ? DCM WILMINGTON, NC JUN 10 2005 6. CERTIFICATION AND PERMMION TO ENTER ON LAND I hmdastand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained rh the permit. I certify that to the best of my knowledge, the proposed activity c m Priies with the State of North Carolina's approved Coastal Management Program 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 to reptesn, ivies 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 Pmje cL - I further certify that the information provided in this application is t udM to the best of my knowledge. This is the day of Print Name 1l /2t? Sigaatnre . } landowner orAadorized Agent Please indicate attachments pertaining to your proposed project. DCM W-2 Excavation, and Fill Information REM W-3 Upland Development DCM MP-4 Structures Information DCM UP 5 Bridges and Culverts DCM MP-6 Marina Development NOFF.- Pleaw sight and date each arm Vnev m the space Provided at the bomm of eadi form. Reed 83/95 Form DC's#-W e. Does the disposal area include any coastal wetlands (marsh), SATs or o wedands? -Yes _jz-- NO £ . Does the disposal made any a= in the water? Yes No 3. -SHOD STABILIZATION a_ Type of shoreline smbH'==_on _ j::n Mkead Riprap b. Length 19 _ c. Average distance of hlHW or NWL d. hfm& cm d-=m w=wx of MHW or NWL e. Shoreline erosion during prax_ m 12 manlbs If yes, RECEIVED DCM WILMINGTON, NC JUN -10 2005 Amount of *materW to be placed in the water Dimensions of fill area Purpose of fill b. Will fill material br pLuwd in coastal- wetlands etlands? (marsb), SAVs n2?Nw, Yes If Yes, (1) Dimensions of fill area (1) Purpose of fill 5_ GKNERAL a. P__ of £ Type of bulYnead or iznran gal b. g.. Amount of IA m cubic .Yards io be placed below (I) (2) Bulldzead h=im I. Type ofM mxniW L Source ofll zaamCa1 4. OTHMEOLT.11CITY.s1St S (Fscludit g S =vfine won) a. Will M marsial be tc sit:? Yes No r:. How will excavated or fm be kept on site and erosion controlled? ' f ?e ,, e_ What type of cons=ction-equipment will be-used ('tor - eXample; - dragIine, backhoe, -or hydraulic dredger- Will wetlands be sassed in umsp eauinmrnt wzog ro p%3? Yes -No H Yes, e:qIain steps that well be takes to lessen envir?onmeatal impaar- /?.1v?IG Da Form DCM MP-4 STRUCTURES (Construction within Public Trust Ares s) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. Be Me to complete all other sextons of the Joint Application which relate to this proposed project- a. Dock(s) and/or Pier(s) ,(1) _ Commercial Commumity - Private (2) Number Length (4) Width (:5) Finger piers Yes No (i) Number (ii) Length - CHI-) Width ?(t7 platform(s) Yes No ?j (i) Number (1j) Length viii) width (7) Number of slips proposed (g) proximity of Mize property lines C (9) Width of (lo) Water depth at end of pia at MLW or NWL b Boathouse Cmcludmg covered hft) (1) Cow PrM" (2) I-e? I (3) Width c. Groin (e.g. wood, sl?pile, etc.) (1) Number (2) LA*&(s) -7?377 - d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length - (2) Average disMw from MHW. NWL or wetlands e(3) Maximnm distance beyond MHW, NWL or wetlands RECEIVED DCM WILMINGTON, NC JUN 1 © 2005 e. Mooring buoys (1) _ Commercial Cos mity _ Private Number ! Description of boot' ?j (Co10r, inscription, size, anchor, etc.) 4 W-ulth of water body Db aoce buoy(s) to be placed beyond shoreline L ovring strucme (boatlift, mooring pilings, etc.) 1) Commercial CommntYity _ Private (Z) Number Width g. Other tam cowpk& 1 1 Revised 03/95 vl D Daft I or Forrs DCM-Ne ? EXCAVATION AND FILL (acept bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project- Describe below the purpose of proposed excavation or fill activities. All values to be given is feet. Average Fowl Projea- Access #A.LVI) w OML) Canal Boat basin Boat ramp Rock groin Rock °breakvia? Oilier r RECEIVED DCM WILMINGTON, NC !UN 1 0 2005 1. EXCAVATION a. Amount of material to be excavated from below MAW or NWL in cubic yards 2,60 b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged ncm= c vegetation (SAVs) of other wetlands? Yes No d. - WVhgr_ ound excavation in cubic yards 2. DISPOSAL OF EXCAVATED M?T?RL? a. Loemim of disposal area 1W b. Dimensions of disposal area , 054 '9' t* Do you -rifle to disposal area? Yes Na Ji no, mmca a letiw granthg permission from the owe. - d. Wffi a disposal area beIe for famre *+i*+**+'°? Yes No If yes, where? @[9owE B Q JUL 2 8 2005 DENR. WATER QUALITY V,ETWdDSAND STONINNATER ERa+CH / Nl?/?>>I_ l; eel sf? vVcI I AP0- 5a D Reg, MAY 410p? Cogs Of ? OF rgt 44,4 At A/A A FM?t?CEIVED DCM WILMINGTON, NC JUG! 10 2005 ! ?0 kyOr f ra?if I i 6? no 2 coati 4,o( 30'( I M0VJ r I I. N19 V J4. D - lr- r , Mi) `F3 I Ltd s RD??1 M,?r0 y 100 VRT Cogs o% M v/s/oN S gNgG'?M ??iA?' ENT -RY?I? ?raSS ?L4? RECEIVED DCM WILMINGTON, NC ? f CIO JUN 1 0 2005 r- I i i i_ r1 PAS prawnr 6H