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HomeMy WebLinkAbout20010043 Ver 2_CAMA Permit Application_2009022001-0043YZ A ia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson E .? ee Freeman Governor Director D Secretary Date February 19, 2009 Ftt? ?), ?OQa MEMORANDUM: t7ENR wArEk WAEtiv 11 T{,t?lDS ANU STOFiMVATEft BRANGti TO: Cyndi Karoly Division of Water Quality-Surface Water Protection FROM: Jason Dail, Express Permits Coordinator 127 Cardinal Drive Ext. Wilmington, NC 28405 SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Masonboro Harbour Homeowners Association Project Location: Located at the end of Masonboro Harbour Dr., Masonboro Harbour Subdivision, off Old Myrtle Grove Road, adjacent to Myrtle Grove Sound, New Hanover County Proposed Project: The applicant proposes to replace a 555' section of deteriorated bulkhead and replace both breakwater walls Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 14, 2008. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagemetit.net NorthCarolina An Equal Opportunity \ Affirmative Action Employer Nat&r,41& DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Masonboro Harbour Homeowners Association 2. LOCATION OF PROJECT SITE: end of Masonboro Harbour Dr., Masonboro Harbour Subdivision, off Old Myrtle Grove Rd., adjacent to Myrtle Grove Sound, New Hanover Co. Photo Index - 2006: 21-7384, N-Q, 19-20 2000: 21-264, O-Q, 19-20 1995: 21-246, N-Q-9, 10 State Plane Coordinates - X: 713985 Y: 43397 GPS - V-020915A 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/09/09 Was Applicant Present - Yes, Agent 5. PROCESSING PROCEDURE: Application Received Complete - 2/16/09 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Co. Land Classification from LUP - Conservation/Resource Protection (B) AEC(s) Involved: EW, PT, ES, OR (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - NH Co. Sewer Planned - None (F) Type of Structures: Existing - Residential homes, bulkhead, breakwater, marina basin, access channel, docks. Planned - Reconstruct portion of bulkhead and replace breakwater walls. (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 1,110 sq. ft. 500 sq. ft. Open water in channel & basin (bulkhead breakwater installation) (incorporated) (C) Other 1,900 sq. ft. (temp. disturbed) (D) Total Area Disturbed: 3,510 sq.ft. (0.08 ac) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The Homeowners Association wishes to replace a 555' section of deteriorated bulkhead and replace both breakwater walls. Masonboro Harbour HOA Page Two PROJECT DESCRIPTION: The project site is the existing community marina for Masonboro Harbour subdivision, located at the end of Masonboro Harbour Drive, off of Old Myrtle Grove Sound Road, adjacent to Myrtle Grove Sound, in New Hanover County. To find the property from the Wilmington Regional office, take Cardinal Drive to Market Street and turn left onto Market Street. Continue along Market and turn left onto S. College Road. Continue along South College road and turn left onto Piner Road (approximately 7.5 miles from the intersection of College and Market St.). Follow Piner Road and bear left onto Masonboro Loop Road. Take an immediate right, just on the outside bend of Piner Road, onto Old Myrtle Grove Road. Continue along Old Myrtle Grove Road and take a left onto Southwind Drive. Take the next right onto Masonboro Harbour Drive and the marina will be located at the end, adjacent to the turn-around cul-de-sac. The original marina basin and channel excavation was authorized in 1988, under State Permit #7-88. The permit ultimately expired and was re-issued in 2001 under CAMA Permit 423-01. The permit has been renewed several times since the date of issuance and is scheduled to expire on 12/31/11. The boating facility consists of a boat basin, approximately 265 feet long and 190 feet wide, and a canal/access channel, approximately 966 feet long and 30 feet wide. The maj ority of the basin and channel are stabilized by a vertical wooden seawall, except that the north side of the basin is stabilized by diagonal concrete. The seawall that stabilizes the entrance channel becomes free-standing as it intersects with open water of the Atlantic Intracoastal Waterway (AIWW). There are thirty-eight (38) boat slips arranged along floating docks and finger piers, within the community boat basin. In the project area, the waters of Myrtle Grove Sound are classified as SA-ORW, by the NC Division of Water Quality, and they are OPEN for the harvest of shellfish, except within 200 feet of the Masonboro Harbour docking facility. These waters are designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. PROPOSED PROJECT: The applicant proposes to install a new vinyl bulkhead (555' in length) approximately 2' waterward of the existing bulkhead wall, and replace the two free standing bulkheads/breakwaters that protect the entrance channel to the boat basin. Beginning along the northwest corner of the boat basin, at the intersection of the concrete wall and the timber bulkhead, the applicant is proposing to install a new vinyl bulkhead that would span towards the south and east approximately 555'. The applicant's agent indicates that the work can be accomplished from high ground; however, given the close proximity of the existing floating docks to the existing wall, several pilings that support the floating dock system may require temporary removal. Should this occur, the applicant would replace the pilings in their current location. The proposed bulkhead would tie back into the existing bulkhead along the southern shoreline where the recently constructed bulkhead ends. According to the application package, helicoil or platipus anchors would be used to secure the new wall. The applicant's agent states that this methodology would disturb very little high ground behind the existing wall. Some impacts to high ground are anticipated as a result of installation of the anchor system; however, those impacts would be far less than the traditional dead-men anchor system. In addition to the bulkhead within the marina basin, the applicant is proposing to install two new sections of breakwater, or free standing bulkhead along both sides of the entrance channel. According to the application package, vinyl sheet piles would be installed along the interior walls of the existing free standing structures. The existing walls are severely deteriorated, and are currently allowing sediment to wash within the access channel. The current walls are secured by a dead-men type anchor system, and these systems extend approximately 20' on the outside of each wall. The new design would be "free-standing" and would allow for less public trust usurpation. As proposed, the north side wall would measure approximately 2' in width and would span approximately 13 0' towards the east, in the same alignment as the existing wall. The southern wall would also be constructed in alignment with the existing wall, and span approximately 120' towards the southeast. The old walls would be removed subsequent to construction of the new walls. Masonboro Harbour HOA Page Three 10. ANTICIPATED IMPACTS: As proposed, the planned development would incorporate approximately 1,610 sq. ft. of public trust waters and would disturb approximately 1,900 sq. ft. of high ground. There is a narrow section of Coastal Wetlands that is located adjacent to the bulkhead that would be crossed during construction. The applicant states that temporary mats would be placed atop of the wetlands to prevent destruction. No other impacts to Coastal or "404" wetlands would occur as a result of construction. As proposed, the free standing bulkhead/breakwater would be located within the applicant's area of riparian access and within 1/4 of the width of the waterbody. Submitted by: Jason Dail Date: February 18, 2009 Office: Wilmington w! A,RIN? E CCr,!STRUCTIC,!,.; + CCNSULTIrae February 13, 2009 Mr. Jason Dail CAMA 127 Cardinal Drive Ext. Wilmington, NC 28405 Jason, Please accept the enclosed application for the CAMA Express Major Permit for the Masonboro Harbour Phase II bulkhead project. The applicant proposes to install 555' of a new composite bulkhead that is 2' waterward of the existing wooden wall. The current wall is in jeopardy of failing due to age and rot. In addition, the applicant proposes to remove the existing breakwaters at the entrance to the boat basin and replace them with new vinyl breakwaters in the same footprint. The northern breakwater measures 130' in length and the southern measures 120' in length. The existing floating docks will remain in place during construction. However, the pilings that secure the docks may be moved to accommodate the placement of the new wall. The fixed access platforms will be modified to accommodate the installation of the new wall. The coastal wetlands that are crossed for the construction of the breakwaters will be avoided as much as possible. Mats will be employed to minimize the disturbance. The backfill for the bulkhead will be transported to the site once the new wall has been installed. Silt fencing will be used as necessary to prevent runoff. All materials will be stored at least 30' from the construction area. There will be no wetland impacts for the bulkhead installation. A helical or Platipus anchor system will be used to avoid any additional disturbance of the existing wall. The adjacent property owners have been notified. One of the forms is enclosed. Thank you for your consideration of this request. Regards,. Jim Hundley PO Box 1646 Wrightsville Beach, NC 28480 (c) 910.264.9977 (t) 910.792.0942 NC License # 62058 gem NM APnMATIIN%r Maier BerI N - 00919 Femn (last revised 12/27/06) C Ot.AAA- (x(P ©I-00t{3 V e r p, Fk6 n dug DENR - WAI to ??,ALI I Y YQEWDS AND STOPAWATE9 BR W A North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Masonboro Harbour Hoa Project Name (if applicable) Masonboro Harbour HOA Bulkhead Phase II Applicant 1: First Name Howard MI Last Name Finneman, President HOA Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 5106 Masonboro Harbour Drive PO Box City Wilmington State NC ZIP 28409 Country Phone No. 910 - 620 - 8185 ext. FAX No. Street Address ff different from above) City State ZIP Email L. Hgenrrconrractor Information Business Name Waterline Marine Construction Agent/ Contractor 1: First Name MI Last Name Jim Hundley Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 1646 Wrightsville Beach NC ZIP Phone No. 1 Phone No. 2 28480 910 - 264 - 997 7 ext. _ ext. FAX No. Contractor # 866 850 0982 62058 Street Address (fdifferent from above) City ::: r--, . ' tea ii 5 i A l i1 l } , JB -2 Email jhundley@watertinemarineconstruction.com 05 y N ?F <Fonn continues on back.>OASSIA MANAr:; E#',1 EN Major Development Permit 3, Project Location County (can be multiple) Street Address State Rd. # New Hanover 5237 Masonboro Harbour Drive Subdivision Name M City * * 'r S?tate `•! Zip asonboro Harbour Wilmington ` •. NU 28409- Phone No. Lot No.(s) (iffiisny, ittach additional page with list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Myrtle Grove Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ONatural ®Manmade []Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed OYes ?No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) -1,830 115,870 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if man; lot sizes, please attach additional page with a list) 5' [KNHW or ONWL e_ Vegetation on tract. Residential Landscaping f. Man-made features and uses now on tract Floating docks, bulkhead, residential homes g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) OYes []No. ONA j. Is the-proposed activity part of an urban waterfront redevelopment proposal? OYes ONo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. OYes ONo ONA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes QNoA.. National Register listed or eligible property? n I i l <Fortn continues on next page> I ! r: EB I DIVIsiON "v 4 s .. Y. 9 rorm Uk'FvI ivir- i kraye J U['4) - I -.--#wi. - Major Development Permit m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? OYes ?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.. County Sewer o. Describe existing drinking water supply source. City Water 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? []Commercial []Public/Govemment ® Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed project will replace the aging wooden bulkhead with a new composite wall to maintain the integrity of the boat basin. The breakwater will provide a safe channel to the boat basin. 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. Excavator, vibratory hammer, and other typical marine construction equipment will be used during the construction. d. List all development activities you propose. Replace the existing wooden wall with a new composite bulkhead. Reconfigure access docks as necessary to accommodate the new wall. Replacement of the existing breakwater to allow safe access to the boat basin. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 1,900 OSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff i. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ?No ®NA j. Is there any mitigation proposed? 1(es , If yes attach a miti ation ro osal ' ?` A ' vv JI ?? / , g p p .. ? , ?,ll ? - .t Rl <Fonn continues on back> j ,I D= EB 6 2-oos Major [Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly 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 Aqua Vista Farms Phone No. Address 100 Aqua Vista Drive, Wilmington, NC 28409 Name Bobbie R. Gasser Phone No. Address 1533 SW Waterfall Ct., Palm City, FL 34990 Name Phone No. Address g. A Hst 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. 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. 7. Certification and Permission to Enter on Land I understand. that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 2/8/09 Print Name Jim Hundley Signature Please indicate application attachments pertaining to your proposed project. I I ®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bpi s„ 11'1 ill 10t •,. ` ?DCM MP-3 Upland Development ?DCM MP-4 Structures Information 6 2009 ??c:l i:)OfESl0?", OF may. 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. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to. be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include 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. d. High-ground excavation in cubic yards. ?CW ?SAV ?SB ?WL []None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a dis osal area be available for future maintenance? []Yes ?No ?NA []Yes LJNo ?NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? 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 OSB ?WL []None f. (i) Does the disposal include any area in the water? []Yes ?No ?NA (ii) If yes, how much water area is affected? (ii) Describe the purpose of disposal in these areas: 1 a i ?. yy tV 3. SHORELINE STABILIZATION ?This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ®Bulkhead ?Riprap OBreakwater/Sill ?Other: c. Average distance waterward of NHW or NWL: 2 e. Type of stabilization material: Composite bulkhead and vinyl breakwater Number of square feet of fill to be placed below water level. 0 Riprap Bulkhead backfll 15 - e?laiBreakwater/Sill Other L(?L i. Source of fill material. Off site quarry D. Length: 0= DUIKneaa 1 (711JU, 1 "1/U UledKwdielb Width: 2' for all walls d. Maximum distance waterward of NHW or NWL: 2' f. (i) Has there been shoreline erosion during preceding 12 months? ?Yes ?No ®NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean fine sand 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) R (i) Will fill material be brought to the site? ?Yes ?No ?NA 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 Dottom (bb), 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 wiA excavated or fiR material be kept on site and erosion controlled? Fill will not be brought to site until bulkhead is finished and placed behind walL Silt fencing will be used where applicable. c. (i) Will navi ational aids be required as a result of the project? ?Yes &No ?NA (ii) If yes, explain what type and how they will be implemented. 2/8/09 Date Masonboro Harbour HGA Phase II Project Name b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator and Bobcat to move material d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ?No ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Wooden mats will be used to cross wetlands r, ?eN Jim Hundley AppI' M Na e/a i r7 Z App cant Signature DIV'??? I-N n r./ ?.._ MANAC i." .? .I _,1 !PU February 8, 2009 Bobbie R. Gasser 1533 SW Waterfall Ct. Palm City, FL 34990 To Whom It May Concern: Enclosed please find the CAMA Major Permit application for the replacement of the bulkhead in the basin at Masonboro Harbour as well as the two breakwaters at the entrance to the basin. These walls are in desperate need of repair and will be replaced as soon as possible. As an adjacent property owner, you are being notified of the proposed construction. You may contact me directly or call Jason Dail, CAMA Express Major Permits Coordinator, at 796-7302 with any comments. You will also find the adjacent property owner notification form. 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