Loading...
HomeMy WebLinkAbout20161181 Ver 2_CAMA Application_20140714Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director July 10, 2017 ��4 V U jut D TO: Karen Higgins 1 4 2011 401 & Buffer Permitting Unit pE DWRMater Quality Permitting 40 QBufiF RpESRoU CeS �N 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: Armand Daniel, Jr. Project Location: 8624 Bald Eagle Ln., adjacent to Middle Sound and the A/WW in Wilmington, New Hanover County Proposed Project: MM13-17: to construct a new timber bulkhead with associated coastal wetland fill 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 August 2 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Armand Daniel Jr. c/o Jimmy North 2. LOCATION OF PROJECT SITE: 8624 Bald Eagle Lane, adjacent to Middle Sound and the AIWW in Wilmington, New Hanover County Photo Index - 2006: 22-7430, 9-L Lat: 34°29'63.97" N Long: 77°74'42.95" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/13/17 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 6/27/17 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington/ New Hanover County Land Classification From LUP — Watershed Resource Protection Area (B) AEC(s) Involved: ES, EW, CW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned - None (F) Type of Structures: Existing — Single-family residence with docking facility and bulkhead Planned -75 linear feet of new bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 150sq. ft. (B) Non -Vegetated Wetlands Open Water (C) Other 1500 sq. ft. Uplands (disturbed) (D) Total Area Disturbed: 1,650 sq. ft. (0.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes construct approximately 75 linear feet of new timber bulkhead with approximately 150 square feet of Coastal Wetland fill. Armand Daniel Jr. c/o Jimmy North Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 8624 Bald Eagle Lane, adjacent to Middle Sound and the Atlantic Intracoastal Waterway (AIWW) in Wilmington, New Hanover County. To locate the property from the Wilmington Regional Office, travel north on Market St. / US -17 Bus N for approximately 5.30 miles. Turn right onto Porters Neck Rd. and continue straight through the first roundabout. Take a slight right to stay on Porters Neck Rd. and travel for approximately 1.42 miles. Turn left on to Bald Eagle Ln. and travel approximately 0.8 miles. The project site will be located on the right hand side of the street. The project site is a residential lot with approximately 100 feet of shoreline frontage along the AIWW and Middle Sound. The elevation of the high ground area of the lot averages approximately 14 feet above normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs, and landscape vegetation. The shoreline of the property has been stabilized with an existing timber bulkhead and the house structure is located approximately 117 feet landward of the existing bulkhead. Coastal Wetlands are present water ward of the bulkhead, consisting primarily of Smooth Cord Grass (Spartina alterniflora). Glasswort (Salicornia spp.) and Sea Lavender (Limonium caroliniana) were also present on site. The Coastal Wetlands range from approximately 50 feet to 75 feet in width as measured from the bulkhead. Mean High Water (MHW) ranges from approximately 0 feet to 10 feet waterward of the existing bulkhead. An existing docking facility extends from the center of the property off of the existing bulkhead and consists of a pier measuring approximately 4 feet in width by 78 feet in length, a fixed platform measuring approximately 12 feet in width by 20 feet in length, and a ramp measuring approximately 3 feet in width by 15 feet in length, which extends waterward from the existing fixed platform to an existing floating platform measuring approximately 10 feet in width by 16 feet in length. There is an existing 13 feet in width by 13 feet in length boatlift that extends off the north side of the existing fixed platform. The existing docking facility allows for two (2) formalized slips. The adjacent shorelines have been stabilized with bulkheads. The property to the south stabilized with an existing bulkhead that is aligned approximately 15 feet waterward of the existing bulkhead on the project site. The adjacent shoreline to the north has been stabilized with a bulkhead that is aligned approximately 40 feet waterward of the existing bulkhead on the project site. Both of the adjacent properties to the north and south are developed with single-family residences and docking facilities. No known archaeological sites are within the project vicinity. Mr. Armand Daniel Jr. obtained CAMA Major Permit No. 13-17 to replace the northernmost 38' section of the failing bulkhead on 1/26/17. As Mr. North, his contractor, began work it was apparent the remainder of the wall was unstable and needed to be replaced as well, which is why Mr. Daniel is seeking to replace the remaining 75' of bulkhead. The City of Wilmington/ New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Watershed Resource Protection Area. The waters of the AIWW are classified SA; ORW by the Division of Water Resources and 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. Armand Daniel Jr. c/o Jimmy North Page Three 10. PROPOSED PROJECT: The applicant proposes to construct approximately 75 linear feet of new timber bulkhead with approximately 150 square feet of Coastal Wetland fill. As proposed, the new timber bulkhead would be aligned an average of 2 feet waterward of the existing bulkhead. The proposed bulkhead alignment would be approximately 35 feet landward of the adjacent property's bulkhead to the north and would remain approximately 13 feet landward of the adjacent property's bulkhead to the south. The applicant is proposing to install the tie -backs thru the existing wall to prevent land disturbance associated with removal of the old wall. The limits of disturbance would be located approximately 20 feet landward of the proposed new bulkhead alignment for the tie back system. This method of construction would also aim to alleviate threats to a high ground retaining wall which is located approximately 10 feet landward of the existing timber bulkhead. 11. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 150 square feet of Coastal Wetlands, Estuarine Waters, and Public Trust Areas of Environmental Concern. The bulkhead backfill would consist of approximately 150 square feet of primarily Smooth Cord Grass (Spartina alterniflora) coastal wetlands, located below MHW in shallow bottom area. The proposed bulkhead construction would result in the disturbance of approximately 1500 square feet of high ground for the anchoring system. Minor turbidity increases can be expected during the construction process. Submitted by: Courtney Spears Date: July 6, 2017 Office: Wilmington r-4- ..Q1 ?2—_U...�4 s.2 Cke osY 64 4(/7v-. loti 1 ecl Q f.P_s IeL r) f- ` ��._. C)A O -f- Cit t to _l /C%-ateQ°t- Ile— �_ (4� c e S. _� is e. e_ ,� `I-,` r e� cam � � ! C3� o ,� e ti►,� h e '! � lui3 �110 e7.7cy-t. -E ifo El c 35 FF ,;.. d ULN .0 .,svr Od 41,1 i I � -�s- - I I --- �,�--- - I I_ �I I i_--�- TIT CY'l 1 14 J1 �d --I 1-4 <77 IF men mr-I APPLICATION for* Major Development Permit (last revised 92/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT RECEIVED0 3 2016 <Form continues on bacic► SUM WILMINGTON, 0PV t 201 262-808-2808 :: 9-888-4R+CO AS•r :. www.nccoastalmanagement.net 2N IN 111 0 Business Nrzntficd Project Name (if applicable) Business Name .Applicant 1: First Name Ml La Name !M !-i 14 tiar�� Applicant 2: First Name MI Last Name ff additional applicants, please attach an additlona/ page(s) with names listed. Mailing Address PO Box City State City State C- ZIP ZIP Country Phone No. 2 Phone No. FAX No. p ext. 9/0 " 4 � � " G � 3 `LeA Contractor # Street Address (d different from above) Street Address (if different from above) City State ZIP Email ZIP �I'M12 r.3dicko� i a boa. �o � RECEIVED0 3 2016 <Form continues on bacic► SUM WILMINGTON, 0PV t 201 262-808-2808 :: 9-888-4R+CO AS•r :. www.nccoastalmanagement.net 2N IN 111 0 Business Nrzntficd k6P r °L Agent/ Contractor 1: First Name MI Last Name !-i 14 Or'' ` Agent/ Con actor 2: First hame MI Last Name Mailing Address PO Box City State C- ZIP Phone No. 1 Phone No. 2 a SCD 3 4! 0 ",1- 3 ext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email �• RECEIVED i M f t �(N 1 L@ S ti -t G% C o �'-i. SCM WILMINGTON RECEIVED0 3 2016 <Form continues on bacic► SUM WILMINGTON, 0PV t 201 262-808-2808 :: 9-888-4R+CO AS•r :. www.nccoastalmanagement.net 2N Form DCM MP -1 (Page 2 of 4) APPLICATION.for Major Development Permit � � �:. 'Y` i may, i J i� ���>• x�,.,:E' t"tidy gf,�n4y o;�:�4; sF w,n . + fi WW County (can be multiple) Street Address State "Rd. # l�ei.)O�w�� f. Man-made features and uses now on tract Su ivision Name , IVec-�. g. Identify and describe the existing land uses adjacent to the proposed project site. City / State Zip/ l Phone No. Lot No. Is) (rf many, attach additional page with list) q/D - GAG ��3� ext. 04es []No E]NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes RNo a. In which NC river basin is the project located? If yes, by whom? b. Name of body of water nearest to proposed project Ca e rem I CI,. -9C - c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. gatural. ❑Manmade ❑Unknown 14 ? lam e. Is proposed work within city limits or planning jurisdiction? 211 f. If applicable, listthe planning jurisdiction or city limit the proposed falls es ONO work within, �ew r7G uvu tr 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 q 0 0 0 s9. NWL (normal water level)" /4/ (If many lot sizes, please attach additional page with a list) PNHW or []NWL e. Vegetation on tract qA la„/pQSca�� c�arct/ !-t�r3 nGSS� Oe. f. Man-made features and uses now on tract nn NE)Use" e7u�lc_�tPoo�j p1e✓" l Pe S: K Forro DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? es []No (11) Are there coastal wetlands on the site? AWes []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. C Oct IV o. Describe existing drinking water supply source. W e -- p. Describe existing storm water management or treatment systems. a. Will.the project be for commercial, public, or private use? OCommercial ❑Public/Government OPrivate/Community b. Give. a brief description of purpose, use, and daily operations of the project when complete. V`eP tQ.e_2 �`)Se bac-L 1`o Js N s e o -&V e- 10� ���(�ec a�C c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number ofeach type of equipment and where Fit is to be stored. ( ' Y0015 �JcL.v�.�� vl/rdGr `Yo f_"tj.�S�I`V1ccClF �(`i'CJr :se ��fg.v o cA.30& Q too, CI Logi cP-- a..,p* 4LoUlS �a C'a(�+ VC d. List all development activities you propose. 1� o� e,, � r ,e 6 a LS V o 6L -,R o:� off' 6Lt rri«o� �- a�� r e 5�i o4 e. Are the proposed activities maintenance of an existing project, new work or both9 Ho lQ i Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 3 q�ltkT1$ �q} 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 betweenwork completed and proposed.' c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar wM 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 advisedthat they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name - H r e•✓ ( j`7a icss� r ro . Phone No. ^� / cio -(/G '335 Address g (o rJaE � (e- ;. 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. L 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),1 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.. 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 tha the information provided in this application is truthful to the b of my knowledge. Date O /� Print Name Signature l2 Please indicate application attachments pertaining to your proposed project. J9DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development RECEIVEj) ❑DCM MP -4 Structures Information R EC E I V E D CCM WILMINGTON, NIls 0CM WILMINGTON, NC.. jUN 2 7 2017 252-808-2808 .. 1-888-4RCOAST .. www,anccoastalmanagernent.net 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 IChannel r I Canal I Boat Basin I Boat Ramp I Rock Groin I Breakwater er I (exclushoreding WKIth Avg. Existing ..NA.. _ . NA Depth Final Project �A NA 1. EXCAVATION This section not applicable a. Amount of material to be excavated from below NM or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (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 (,I) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL fid This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. () Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes []No [INA (i) If no, attach a letter granting permission from the owner. (H) If yes, where? e. () Does the disposal area include any coastal wettands/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 (i) Describe the purpose of disposal in these areas: f. () Does the disposal include any area in the water? ❑Yes []No [INA (i) If yes, how much water area is affected? 3, SHORELINE STABILIZATION ❑This seraon not applicable (/f development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: . b. Length: @(Bulkhead ❑Riprap ❑Breakwater/Si l ❑Other c. Average distance waterward of NHW or NWL: a ,� w VVidth: d. Maximum distance waterward of NHW or NWL- r e. Type of stabilization material: ! U (i) Has there been shoreline erosion during preceding 12 6190 o J months? []Yes ONo ❑NA Qi) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill /So' Riprap Breakwater/Sill Other L Source of fill material. SN /SOn n 4- (Lu lII a 10/� h. Type of fill material. 14. OTHER FILL ACTMTIES 0This section not applicable (Excluding Shoreline Stabilization) a. () Will fill material be brought to the site? MYes []No [INA b. () Will fill material be.ptaced in coastal wetlands/marsh (CW), if yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (i) Amount of material to be placed in the water D other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) Dimensions of fill area a'x S J9M —/ So—' ❑SAV ❑SB (iv) Purpose of fill ❑vim ❑None (i) Describe the purpose of the fill in these areas: 15. GENERAL I 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)? loc. rL--L,C C. () Will navi ational aids be required as a result of the project? ❑Yes ,o ❑NA (ii) If yes, explain what type and how they will be implemented. Date Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes Mlo [INA (i) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name Applicantnat s