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HomeMy WebLinkAbout20090077 Ver 1_CAMA Permit Application_20090122 AVA NCDENR MEMORANDUM: ~13@rgO\Yl~~ JAN 2 2 2009 Cyndi Karoly, Supervisor t: UAlITY 401 0 . ht & E P't U 't OENR-WAT...RQ verslg xpress erml s nI WET!.ANDSANDSTORMWATERBRANCH Division of Water Quality-Surface Water Protection 09-0077 January 16, 2009 TO: 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: Mark Maynard Project Location: 63 Beach Road South, on Figure 8 Island, adjacent to Banks Channel and Middle Sound, New Hanover Co. Proposed Project: To construct a private pier, gazebo, floating dock and two boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 2009. If you have any questions regarding the proposed project, contact Holley Snider 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. 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 An E.qual AcHOr) Emp!over" 50 \ '1 0 ~-~{; Pdpe~" OnehC I' N ort aro Ina ;Vall/rally DIVISION OF COASTAL MANAGEMENT I. APPLICANT'S NAME: Mark Maynard 2. lOCATION OF PROJECT SITE: 63 Beach Road South, on Figure Eight Island, adjacent to Banks Channel and Middle Sound in New Hanover County. Photo Index-2006: 24-7408:K,L-18,19 2000: 24-311: M-71998: 12-233: N-9,10 1995: 24-293: N-16 State Plane Coordinates - X: 188709.628 Y: 2377 089.359 GPS - 001 0809B Lat: 34015'43.12470" N Long: 7r45'07.3866T W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/04/08 1108109 Was Ipplicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received -11/05/08, 1/15/09 (Complete) Of ice - Wilmington 6. SITE DESCRIPTION: (A) local land Use Plan - New Hanover County land Classification From lUP - Conservation (B) AEC(s) Involved: EW, PTA, ORW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - None (F) Type of Structures: Existing- Single Family Residence and bulkhead Planned- Pier structure (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Incorporated (Open Water) 1753 sq. ft. (C) Other - Highground disturbance (D) Total Area Disturbed: 1753 sq. ft (0.03 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to construct a private pier, gazebo, floating dock and two (2) boatlifts. Mark Maynard . 63 Beach Road South, Figure Eight Island Page 2 9. PROJECT DESCRIPTION: The project is located at 63 Beach Road South on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causevvay, turn right on Beach Road South and the property will be on the right. The 0.78 acre tract is approximately 200 feet wide and approx 166 feet deep and is currently being redeveloped. A single family residence with pool is currently under construction on the project site. The property has an average elevation of 10 feet above mean sea level and is vegetated with some lawn grasses. The 202 feet of shoreline frontage is stabilized by an existing bulkhead. The adjacent properties to the north and south have both been stabilized with bulkhead and have private piers. Waterward of the existing bulkhead is a sparsely vegetated buffer of Salt Meadow Hay (Spartina patens) approximately 15 feet wide with a sandy beach extending 15 feet beyond to Nonnal High Water (NHW). The New Hanover County Land Use Plan classifies the adjacent waters and high ground portion of the project site as Conservation. The waters of Banks Channel and Middle Sound are classified as SA- ORW, by the NC Division of Water Quality. The waterbody is approximately 486 feet in width. These waters are NOT designated as PNA by the NC Division of Marine Fisheries and are open to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct a new private pier system into Banks Channel. The pier structure would consists of a 6' wide by 114' long elevated walkway which would terminate in a 16' x 16' gazebo. Extending from the platform via an access ramp, the applicant is proposing an 8' wide by 50' long "T-head" floating dock. Located on the north and south inboard ends of the floating dock would be two 6' wide by 1 0' long access platforms. Adjacent to the proposed northern access platform would be a 13' by 13' boat lift. The southern access platform will be located adjacent to a 16' by 16' boat lift. The proposed structure would provide docking space for up to (3) vessels. Water depth in the area of the proposed structure would be approximately -5 feet at mean low water (MLW). 11. ANTICIPATED IMPACTS: The proposed pier system construction would incorporate 1753 sq. ft. of Estuarine Waters and Pubic Trust Area. Minor increases in turbidity should be expected during construction. The proposed pier, "T- Head" platform and floating dock would extend approximately 154 feet into a waterbody which measures approximately 486 feet across. This distance would conform with the established pier head line of the adjacent piers to the north and south. Submitted by: H. Snider Date: 1/15/09 Ofice: Wilmington IC. .P-l 09-0077 \O)@,@\.~~~~ ~ JAN 2, 2 2009 R QUALfr'l C\'I OE\'lR . 'tIto,l~DtA'tI/I.~R BpJN \NE.1t.f>.Nos to,NO SI V1' North Carolina DIVISION OF COASTAL MANAGEMENT IPPllCIDl1 fir Mlilr 111111111111 PlrIIl (last revised 12/27/06) 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Mark Maynard Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pagers) with names listed. Mailing Address PO Box City State 63 Beach Rd. South Wilmington nc ZIP Country Phone No. FAX No. 28411 910 - 251 - 5030 ext. 910 - 251 - 2380 Street Address (if different from above) City State ZIP - Email 2. Agent/Contractor Information Business Name Waterline Marine Construction Agent! Contractor 1: First Name Jim Mailing Address MI Last Name D Hundley MI Last Name K Booth PO Box 1646 City Wrightsville Beach State NC Agent! Contractor 2: First Name Charles ZIP 28480 Phone NO.1 910 - 264 - 9977 ext. Phone No. 2 910 - 524 - 4121 ext. FAX No. 866 850 0982 Contractor # 62058 Street Address (if different from above) City State ZIP Email jhundley@waterlinemarineconstruction.com <Form continues on back> oeM WILMINGTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 63 Beach Rd. South Subdivision Name City State Zip Figure Eight Island Wilmington NC 28409 - Phone No. Lot No.(s) (if many, attach additional page with list) - - eld. , , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Banks Channel c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. t81Natural DManmade DUnknown Middle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed t81yes DNo work falls within. New Hanover 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 200 .65 Acre c. Size of individuallot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) , , , (If many lot sizes, please attach additional page with a list) 12ft I8INHW or DNWL e. Vegetation on tract Natural Wetlands, Lawn grasses, lawn weeds f. Man-made features and uses now on tract Home under construction, bulkhead g. Identify and describe the existing land uses adjacent to the proposed project site. Piers and floating docks, Residential Homesites h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning compliance certificate, if applicable) t81yes DNo DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes t81No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes t81No DNA If yes, by whom? I. Is the proposed projecllocated in a National Registered Historic District or does it involve a Dyes t81No DNA National Register listed or eligible property? if\ if" _.i";", ,JE '",. t' ~"'- _ ~S;\"'&:i V CU <Fonn continues on next page> DEe 0 5 2008 DChili,j.,i;, :;(', -..; ._~". NC . Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? l8Iyes DNo (ii) Are there coastal wetlands on the site? l8Iyes DNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? Dyes cg;]No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. NHC p. Describe existing storm water management or treatment systems. Surface Runoff 5. Activities and Impacts a. Will the project be for commercial, public, or private use? DCommercial o Public/Govemment cg;]Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this structure will be used for boating use. It will be also for the protection of the owners personal property the boat. It will be used for safe docking for the owners boat. 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. Typical marine construction practices will be used. A barge with lifts and normal piling and pier construction methods will be used. d. List all development activities you propose. Construction of a new pier with a gazebo, floating docks, and a boat lift. e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 1,500 I81Sq.Ft or DAcres g. Will the proposed project encroach on any public easement, public accessway or other area Dyes 181 No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface Runoff i. Will wastewater or stormwater be discharged into a wetland? Dyes 181 No DNA If yes, will this discharged water be of the same salinity as the receiving water? Dyes 181 No DNA j. Is there any mitigation proposed? Dyes 181 No DNA If yes, attach a mitigation proposal. I) t. fe", ;f'" i~f ,f:i"" A. n. .- '" ...!V ~ LJ <Fonn continues on back> DEe 0 5 2008 Ot'''....;.~i: ~ ">1;-! .J, :';)TIi..,:l~_~!:~~,,~, ~.;;;'j"f: NC "Form DCM MP-1 (Page40f4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, ;( applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are atways appOcable 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 Karen Pigman Phone No. Address 65 Beach Rd. South Name John Townsend Phone No. Address 61 Beach Rd. South Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Cama GP #42532 Cama Minor for a House h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N .C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I 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 J 2.- / 4{ (J ~ Print Name C ~tiJ II' L t3 0 &-J-h q- Signature U-- 7. Certification and Permission to Enter on Land Please indicate application attachments pertaining to your proposed project. DDCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts DDCM MP-3 Upland Development R E C E , V ED ~DCM MP-4 Structures Information . DEe iJ 5 iUUB DeM WilM1NG'TON. NC Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 1RUBCEi1'MEiiJ) [~M '.W1UMttUSWQ1~, tfijC J..IV JAN 1 , l009 Attach this form to Joint Application for CAMA Major Permit, Form OCM MP-1. Be'$tlre to col11plE~teanofher sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACIUTYIMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: o Commercial OPubliclGovernment I2IPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 pier and 2 docks (iii) Length pier 114', dock11210' (iv) Width pier 6', dock1/2 6' (v) Floating I2Ives ONo e. (I) Are Platforms included? I2IVes ONo if yes: (ii) Number ~ (iii) Length 16ft., 50' (iv) Width 16ft.. 8' (v) Floating I8lVes I2INo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed ~ (ii) Number of slips existing Q i. Check the proposed type of siting: o Land cut and access channel OOpen water; dredging for basin and/or channel 12I0pen water; no dredging required Oother; please describe: k. Typical boat length: 24' m. (i) Will the facility have tie pilings? Dves I8lNo (ii) If yes number of tie pilings? o This section not applicable b. (i) Will the facility be open to the general public? OVes I2INo d. (i) Are Finger Piers included? OVes I8lNo If yes: (Ii) Number (Hi) Length (iv) Width (v) Floating OVes ONo f. (I) Are Boatlifls inciuded? I8lVes ONo If yes: (ii) Number ~ (Hi) Length 16ft., 13' (iv) Width 16ft.. 13' h. Check all the types of services to be provided. o Full service, including travel lift and/or rail, repair or maintenance service o Dockage, fuel, and marine supplies 121 Dockage ("wet slips") only, number of slips: ~ o Dry storage; number of boats: _ o Boat ramp(s); number of boat ramps: _ o other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). center console fishina boats I. (I) Will the facility be open to the general pUblic? Dves I2INo farm DeM MP~4 (Structures, Page 2 of 4) 2. DOCKING FACIUTYIMARINA OPERA TIONS not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. D Office Toilets D Toilets for patrons; Number: ~ Location: D Showers D 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. (ii) 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? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? Dyes DNo FQrm DeM MP-4 (Structuresl Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Dyes DNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (S8), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. DCW DSAV DSB _ OWL DNone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Dyes DNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOA THOUSE (including covered lifts) ~ This section not applicable a. (i) Is the boathouse structure(s): DCommercial DpubliclGovernment DPrivate/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from drip/ine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2. Excavation and Fill.) ~ This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWA TER (e.g., wood, sheetpl7e, etc.) ~ This section not applicable a. Length_ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ~ This section not applicable a. Is the structure(s): o Commercial Dpublic/Government DPrivate/Community b. Number c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing _ RECE\VED OOM WILM1NGTON, NC 'JAN 1 5 2.009 7. GENERAL form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 25' North side, 35' South Side b. Proximity of structure(s) to adjacent docking facilities. 60' N, 115' S Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 615' d. Water depth at waterward end of structure at NLW or NWL -5 mwl e. (i) Will navigational aids be required as a result of the project? Dyes ~No DNA (ii) If yes, explain what type and how they will be implemented. 18. OTHER D This section not applicable a. Give complete description: This docking facility will have a 6'x112' pier that will conjoin with a 16'x16' platform. There will be a ramp connecting the platform to the 10'x50' floating dock. There will be two finger floating docks connected to the main dock that measure 6'x10' on oppsite ends of the main floating dock. The two lifts will be placed next to the two finger floating docks. 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