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HomeMy WebLinkAbout20070162 Ver 1_CAMA Application_20070126~~~ 20070 ~ 62 r~~~ 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 January 25, 2007 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit ~ ~~~~~~ Division of Water Quality-Surface Water Protection D FROM: Doug Huggett, Major Permits Coordinator JAN 2 6 2007 DENR -WATER QUALITY SUBJECT: CAMA /Dredge & Fill Permit Application Review -~'EnArws~rcosrow~wr~T€aaww~ Applicant: Kenneth Carter Project Location: 3153 Waterview Dr. SW, adjacent to the AIWW, near Supply, Brunswick Co. Proposed Project: to construct a new bulkhead waterward of the existing deteriorating bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 17, 2007. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7424, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 2 0 0 7 0 6 2 FIELD INVESTIGATION REPORT 2. 3 4. APPLICANT'S NAME: Kenneth Carter LOCATION OF PROJECT SITE: 3153 Waterview Dr. SW, adjacent to the AIWW, near Supply, Brunswick County. Photo Index - 2006: 4-6214, L-M, 4 2000: 4-37, M-23 1998: 3-42, B-C, 15-16 State Plane Coordinates - X: 2200956 Y: 60642 Lat: 33°54'53.17296 N Long: 78°20' 15.94214 INVESTIGATION TYPE: CAMA/D & F ROVER FILE # - Q110819A INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/5/06,11/8/06, 1/11/07 Was Applicant Present -Yes (on 10/5/06) 5. PROCESSING PROCEDURE: Application Received - 1/19/07 (Complete) Office -Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Brunswick Land Classification From LUP -Conservation (B) AEC(s) Involved: CW, ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -Septic System Planned - N/A (F) Type of Structures: Existing -Single family residence, shop, bulkhead and private dock Planned -New bulkhead Source - N/A 7 8 HABITAT DESCRIPTION: [AREA] r,n~r,r~~r~ ~'T7 r FTl (1TNFR (A) Vegetated Wetlands (Low Marsh) Approx. 312 sq. ft. (B) Non-Vegetated Wetlands Approx. (Shallow Bottom) 1,046 sq. ft. (C) Other (Highground) Approx. 4,060 sq. ft. (D) Total Area Disturbed: 5,418 sq. ft. (0.12 acre) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of an existing deteriorating bulkhead. Kenneth Carter ' Page 2 9. PROJECT DESCRIPTION: The project site is located off Waterview Drive SW, near Supply, adjacent to the AIWW, in Brunswick County. To get to the site from Wilmington take US Hwy 17 S to Mt. Pisgah Road SW (approximately 28 miles), turn left onto Mt. Pisgah Road SW. Travel approximately 4 miles to Oxpen Road. Turn right onto Oxpen Rd. SW and travel approximately 1.7 miles to Boones Neck Road SW. Turn right on Boones Neck Road SW, travel approximately 0.8 miles and turn left on Seashore Road SW. Turn right on East Tanglewood Dr SW. At the end of E. Tanglewood Dr, turn right onto Waterview Drive SW. The property of interest will be located on the left, immediately before the road turns sharply to the right. The highground development on the property includes asingle-family residence, a wooden elevated platform and a shop. The lot is approximately 0.9 acre and averages approximately 4 feet above Mean High Water (MHW). Upland vegetation consists mainly of lawn grass and ornamental plants. The lot. is wedge-shaped, and bordered by Normal High Water (NHW) on the western and southern boundaries. as well as a portion of the eastern boundary. A wooden bulkhead is currently stabilizing the shurelin~ ~~n the property. It is failing along a portion of the western boundary, and erosion is occurring behind the bulkhead. The application states a section approximately 50' in width by 4' in length has eroded in the past year. It appears that additional erosion has also occurred to a lesser extent to approximately the 90' mark, as measured from the southern end of the bulkhead. The base of a fallen concrete block bulkhead still remains waterward of the existing wooden bulkhead. It averages 5' waterward of the existing wooden bulkhead. From the southwestern boundary of the property, it extends approximately 60' north in length, runs the entire length of the property to the south, and measures approximately 66' in length along the eastern boundary of the property. Coastal wetlands surround the property, which consist primarily of Salt Marsh Cordgrass (Spartina alterniflora). Two patches of Cordgrass have grown between the concrete blocks of the wall to the east. The first patch is approximately 4 square feet and the second measures approximately 17' in length by 1.5' in width. Glasswort (Salicornia sp.), Sea Lavender (Limonium sp. ), and Sea Ox-Eye (Borrichia frutescens) grow in small patches beyond the northern limits of the proposed bulkhead. Salt Meadow Hay (Spartina patens) grows along a portion of the eroded area landward of the bulkhead, but does not appear to be prone to occasional flooding, due to its elevation. The Brunswick County Land Use Plan classifies the high ground area of project site as Developed and the surrounding waters as Conservation. The waters of the AIWW are classified SA by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct 243' of new bulkhead waterward of the existing, deteriorating bulkhead. The application states that a new wooden bulkhead would be constructed to prevent further erosion to their property. It would extend 116' on the western side of the property, would then extend 53' to the east, and would then run 74' north. The bulkhead would be aligned so as not to exceed an average of 6' waterward of Normal High Water (NHW) and would at no point exceed 6' waterward of NHW. The applicant states that this proposed distance is necessary to avoid the remnants of the concrete block bulkhead, although it would extend approximately 40' beyond the end of the block wall to the west. He further states that approximately 266 cubic yards of fill will be used, composed of sections of brick foundation and fill dirt, which will be finished with topsoil and stabilized with centipede sod. The new bulkhead would incorporate approximately Kenneth Carter Page 3 240 square feet of coastal wetlands on the western side of the property and approximately 72 square feet to the east. No coastal wetlands would be impacted along the southern boundary of the property. 10. ANTICIPATED IMPACTS: The proposed new bulkhead would incorporate approximately 1,046 sq. ft. of Estuarine Waters and Public Trust Area and would result in the filling of approximately 312 sq. ft. of Coastal Wetlands, vegetated primarily with Salt Marsh Cordgrass (Spartina alterniflora). Approximately 240 square feet of this wetland fill would occur beyond the limits of the existing concrete block wall on the western property boundary. The project would also result in the disturbance of approximately 4,060 sq. ft. of highground area as a result of the bulkhead back fill and installation of the tie-back/anchor system. Submitted by: Heather Coats Date: 1/24/07 Office: Wilmington t ,, --- --- -- - --- w,,) /- ---, / `/ U ---- - ~ ---- l ~ ~ ~ ~-~ c~ __-!~''' _~-`9_ ~ ~ rv d --'` ~ ~-r4 c ~ _ ~'A. l (e,~- - l~~ ll~G, z.: _ - --- Z = Y -----1?_u_+-K__~-z/~c~_ _ ~n_!4-5 -_li --" , ~~-~ _ ~ ow n~ t N ~ `~-~ __L,~~'¢-7`~v~ - ------ ------R ~l___~-~ __ ~ _ ~ N~.~ ~ ~,~ ---- ----- -_ _ -G r4r~Y~- --ls~ . ~ T-i^_ ~_L~C_`~5 _ _/~}'-'~~ _ +'`~}'i~/ C.h-'3,~ 5_ __~-- - ~'c'~r ___ __ _ _ _- - _ _- . / `N - ~- --_.I ~ G ' ( C '~. ' V _I _ C ~ _ _ G--f C / GU t L 6 _ __ W „" (~ / ~-GS ~ Y~'~ ~~ P // ----- -- ------- -- -------- ----- - -------13 EC~~V E ~: ACM WILMiNGTOiV. NOV 0 9 2006 ~.~s~ JjdC~t'Ndlflr~ 1 ~ '"~~y4'~(~JE'.. f--' ~ ~ ~ rCFt-~~ ro f ti ~ ',M v4~'e ~ y / /9 ~ 7~ ~C ,4 / ' ~ ~ 7``h '~ c:~ • ' S ~ vt. c' N t/~l ~`f'~. ~ . f ~ `C ~^ ~ ! ~ /1t J i ~~-`~ r~ ~ Cb , ' ~}- f-e ~? ~~ c~ 5,' pyJ F~~.,~ (-~ ~~ ' ` 1~~'r o X ; ,iw, v9 ~f (/ ~ Q ~' ~ ~ S t /`- ~ S .~ a; ,V f"L i4-~5 r ~,~L~~ r~ `, ~1~ =- ~~ ~ ~ ~. ,' ~ -~ C ~ T~~ YZ'"t v c~ jt~'vLU-~t ~. Lti.~ . ` f.~C~~ /~;a/C~ `Y'~j~'L V~--I~..1 ,~ ~y / 'fj r ~- ~-£` '~- ~ ~ r V :1 ~ ` C~ ili i S ~1'4 f~ , `,v `~ `, ~ / /i7 ~; /L,' C'L- tom!'/~j / ~ ! , ~~~ ~~1~2 R~C1=i~/ DCM ~VILMINGTOI`i. ~~aC Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name ~~--tit~tr~-`(~L ~. ~-~ k Address ~ t S 3 ~t.~r ~ ~ City ~ State ~ C Zip ~~ ~ Z' Day Phone ~~~ ~ ~ u'3 ~' Fax 9,to-~ fie- Z (v3 ~ b Authorized~~ //Agent: nn ,,,, .j~ Name f`~ ~ ~t^' J '~ Address ~~'e Y~'3 ~9-r/`-~ City Zip Fax c Day Phone State Project name (if any) I~ v ~`-B-c../ NO7E': Per»ct will be issued in name of lmtdowner(sJ, and/or project Warne. 2. LOCATION OF PROPOSED PROJECT a. County ~ ~~ /,ct i`C. u AUG 2 ~ 2006 b. City, town, community or landmark Sv~~O (I/ c. Street address or secondary ro number d. Is proposed work within city tts or planning jurisdiction? Yes ~ No e. Name of body of water nearest protect (e.g. river, creek, sound, bay) `J_ ClN 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motwl, mar~~a, bu;khea ;, pier, a:,d ezca~ation and/or filling activities. i ~ +t ,- d- n -( ~ U `f' ~ ' l ( i` U -e~~cr'S +b~v b. Is the proposed activity maintenance of an :fisting project, new work, ar both? ~ c. Will the project be for public rivate or mmercial use? ~~ ~ V~r4-~ d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. L~ ~~ 1 ~ ~~I< w ~ldeJ1 ••t ~~ .~ w Reviud 03/95 _c_-~~-c.-- -~ _ _.., - -.~_w~`i~.l 4. LAND AND WATEI-i CIiARACTERISTICS a, Size of entire tract ~~ ~, A ~ b. Size of individual lot(s) ,~~~ ~ ,~ c. Approximate elevation of tract bovo MIiVN or NWL ~ 1; e ~ d. Soil type(s) and texture ) of as ~ ~ ~~~ o. Vegetation on tract 1`-~5 f. an•mnde features now on tract e S~: c~,.,~ ~G w~A-11 g. What is the CAMA Land Use Plan land classification of the site? ~~„,~t, ~• ~~ tm,e ~~ p~•J Conservation Transltlonal Developed Community Rural Other h. How is rho tract zoned by local government? ~: -- ~.IZU~J -- i. Is the propos proJea consistent with the applicable zoning? ~ Yc9 No (Anoth zon/nf roepUanee a~f!/taQJe. !/~PUaobl~) Has a profcssionnl archaeological done for the tract? Yes If yd, by whom? ~. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yd ~ No 1. Are them wetlands on the alto? ~ Yes ^ No Coastal (mush) ~_ Outer If yes, has a delineation been conducted? ~_ (Anael- doctiwrnwdon, i/odlab/aJ irt. Describe Istlrg wastewater treatment tactlitid. g ~~ o. Ddcribo location and typo of discharges to waters of the state, (For oxample, surfaco runoff, sanitary wastewnter. industrial/commercial effluent, "wash down' and residential discharges.) o. Describe istiog drink' g water supply source. w . ~- S. ADDITIONAL INFORMATION ]n addition to the complctod application form, the following items must be submitted; ~ A copy of the deed (with state application only) or other instrument under which the applicant claims title to she aPfectod properties. If the npplicat-t is not claiming to be tho owner of said property, then forward a copy of the decd or other instrument under which tho owner claims title, plus written permission from the owner to carry out the projoct. ~ An acarate, doled work plat (including plan view and cross-sectional drawings) drawn to stole in black laic on an 8 1R' by Il' white paper. (Refer to Coastal Resources Commission Rule 7].0203 for n detailed description.) Pksse note that original drawings ue prcfecred end ooly bigb quality copies will be accepted, Hluo-line prima or other larger plea are acceptable only ii en adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A silo or location map is s part of plat requircaaents and it must be sufficiently detailed to guide agency peraonnci unfamiliar with the area to the RECEIVEC DCM WILMINGTON. N~ Rerbed 03195 assessment boon No DEC 1 4 2006 Nov d3 OB 09:29a Form DCM-hfP-I Bowman Place site. include highway or secondary road ($R) numbers, landmarks, and the tike. • A Stormwater Certification, if ope is necessary'. • A fist of the names and complete addresses of the adjacestt waterfront (riparian} landowners attd signed return receipts as proof that such owners have received a copy o[ the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit eontmrlus on the proposed project W the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided_ Name ~ q ~ a. Address 3 (5 5 ~~ ~w 1~,. Phone Ste- t t1 ~Cf 71r (p e Name C r,.~,4,( Address ~,/ ~+ Phone t ~, ~ Z Name Address Phone • A list of previous stafe or federa! pernuts issued for work on tze proje,~t tract. Include permit numbers, permi[te.~, and issuing dates. • A check for $Z50 made payable CU the Department of Environment, Health, and Natural Resources (D£H'~~t) to cover the costs of processing the application. • A signed AEC hazard noticx for projects in oceanfront and ir.Iet areas. • A statement of oompfiance with the N.C, Environmental Policy Act (IY.C.G.$, lI3A - 1 to YO} 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. 2525220812 p.5 .., . PVC. G ? g ~ 00~ ~. CERTIFICA'TIOIY AND PERMISSION To ErrrEx oN z~r~ I understand that any permit issued in response to this application will allow Qnly the development described in the application. The project will be subject to conditions and restrictions contained ;~ the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North CaroIina's ;approved Coastal Management Program and will be :conducted in a manner consistent with such program. I certify that T 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 conneuion with evaluating information related to this permit application and follow-up monitoring of the project. ~ further certii=y tt:at the information provided in this application u trukhful w the best of m~ IcncwiedQe. Tnis is the r day of ~ ~ss~G~-~ Print Name x~v-le.~-t..~'~.., ~, ~~ Signature ~~ am-rvxaseN or Atttlsorizcd Agrnt Please indicate attachments pertaining to your proposed project.. .,~ DCM MP-2 Excavation and FiIi Information _. DCM MP-3 Upland Development DCM MPS Structures Iafozmatioa .;,_ DCM MP-5 ,Bridges and Culverts -- ~M MP-~ Marina Development NOTE Please sign arsd date each anachment in the space provided at the bottom of each form. R~C~1VEiU GCM WILMINGTON, NC ittriscd 03/95 NQV o 3 20C6 hov 03 06 09:29a Bowman Place 2525220812 p.6. RECEIVE - DCM WILMf , pi\,~• r~C Form ncM-~-z ~ ~ '? ~ 2006 EXCAVATION AND FILL (Except bridges and culverts) A~:aca dais form to Joinr Application for CAMA Ma_ior Pit, Forr, DCM-?viP-1. Be surz to complete ail o~`:e: sect:cns or the Joint Application that relate to this grcpnsel projeca. Des=rite t;e'.ow the. p:trpose of proposed excavation or til activities. All values to be given in feet. Arersge FiasI Eastittg Ptvjea Len3th Ruth Depth Depth Ac;; ~s c:,anne? C~~a: EG3t b:~~ r. Eoat .:~.:n Rock groin ~cck breakwater lithe: (~zcluding ~t1o~~n~ ~os;t:at:ant i II li,,.. Revised 63195 1. EXCAVATION a. Amount of tr,ate.7a! to be excavated fr below MHW or ;vtiVL in cubic yards d// b. Type Gf material to be excavates Arl !~ e. Does th to be zcav te.-'-' include coastal wetland (marsilj, subme:;~ aQL'3tiG ve^~-~tior. (SAVs) cr other wetlands? 'r""z, ~ ;~,~ c. Higit;round excavation ir. cubic ;+a;as 2. DLSPOSAL OF EXCAVATED MATERLA.L a. Location of disposal area _ /l!~-4 b. Ditne:sians of disoosal are: c. Do you claim itie di asal er. Yes o If no, attach a letter granting permission Erato the owner. d. Will a disposal area be available for future maintenance? ~ Yes No IE yes, where? RECEIVED DCM WILMINGTGi. ~`; NOV 0 3 2006 Jan t]8 07 10:08a DEC-c0-2006 la:~ From: DFC-t)9-2E~6 16:15 From: t?arm ACM•MPd Bowman Plane 2525220812 p.3 1. • ~ !.; !• I ° ;. To,25?52i20812 P.3~3 Q Docs the Qf9poaal tvoa 1nclutln Nr caosWl wrt~t+ds (moth), S/1Wt Or bthet rxatlentlt? ~ • ,,,__ Yas ~' No JIr~ ~ . i , f, t?o~ tha dispctsd inciutla eny uw (n the watat4 Yes Na ~//~ 3, Sk4R.Ei.IP+t~ S~'A~LLLZATiON a. T,ypc f aborcliec psahillratloo ~~~1. Bulkhead ' „~. Rlpeap' ~ .~ ~~~ e. A~crt-Co distsnto wAterwsr~,r(}l~- or t~iWL 4. Muimum di8tnllCC w3terw~td~ f MIiW Of NWL I ffI 11 poa, ~ r~ {l)~.Amouos'•af m~tario! to ba pieced In thn ' ~ i writer ; ,; ~(Z)+ plins~teft*m ot'rill tres '(3)~ R+rpoto of tttt ~f b, WUl ~It meterinl >,e plncod In cv~tal wotlanbs. (mersh). SAVs of otter wntlsnds"- ---~~- Ya Nn !r r~'pjpaoaylone of Rft ue~ (Z)1. purpose of Alf _....~~. A n HoW wits axtsvaicd or fttl matefiat 4e kopt on ino e. Shoreline etas(on dutln~~retxdlnt; !2 tnom>ts' u1d srosion ao~t~_ erott~ -~ f a -' i l~ - fS rcr .f I e.~ ~KtN w~+~~G pb ~trVa ~~r~ iG.• .ar+ ~ f. Type of bulkht d or rt rop mpterti! 2 S ''~~ ~ g. Amnunt of 1111 in nnAie yneds Ito tb piacrd EelaW WatCt IL~et (;) RJprap ,V~N~ LL,,,, tl1 8utkhe~d oukfllt ~ ,,,.f.I,iW,~ y~i C h. Type of P,ll att:flat ~ G `'n~ ~'+~~u t. Source of nit marerlei o 1 ''~ ~t~. !17't ~ t a_ ozx~a ~v.t ~c (Fatctuditsg 51wrol1ao t. Will fill matnrioi bt: hroughtto P,~ Y as No Whit typo of coaswetlon ntEuiprnnnt wilt bt used (rof elatnpl0, dfII~tllte~ b~Ck1tOC, Of t1yCfSullt tired t!)1 ~ 1Q G~ h WIt- >«att~Adt! b+e crsred le u rting equipment tb pto)cct site'! Yes No ({ yam, peptaift ttepe tbat wilf Q ratan to 1t33on onvltrotunentn! Impnet:. -- .,~~. ~ ~1 ~~ tf.~Gf~.J ,~_ .w +rn ~~ RECEIVED DCM WILMINGTON, NC a~.Waou~ DEC Y 4 2Q06 UE~::-,=e-cr;+~a 1Q•.JI rrum: .. __~___...,__ ti , .-- - ZS, S~ r ,• ~, o f • iyq.?~ ~„'~~ . 5 ~.~ ttif..f~~'~` r:«v ski:} f - ~-,~,~ wp ~~ v ~'r•~i M Q~ i ..[ ~, ~ ~~ ~ -~ - ~* ~, s ~ a ~ ~C ~ c~ ~ b ~ed..«.. ~~~ ,~ ~ _ t ~` ~' +`~ ~ ~ ~* z ~ ?~~ ~ ~' ~ .r e ~ i ~- '~' ~ #~ /~~ M t~e,~t ~: C~ f i-~v' o/ S yoo6 ~a s yp~ 315 t Ww ~..; e,~ Sv C i ~ _ 0 _ ~,_ 1 Y a t. 'L'~ 3~~~ -h RECEIVED u wt~~NSTot~, ~,c Nov 2 z Zoa~ of ac Y ~~ 3 s ~, ~ Y ~. ~ ~ ~ ~. t4.A~x~x.~~ ~NO`i'~ s ~rws ~`nn~ - ~C xx~ 1~~~eS ~ t ~r~ ~ ~~' ~ ~ ,_ ` ~~. ~i 'j ~~ r?~-p"~MranR°~ •~ z /' t ~, !~ f~7\' ~'3~ ~ ~_ Zy "~- Cs j ~ 41 y~ ~ rm I~ ~ i1, to ~~ ~ S~ ~~ ~~~ ~~ ~~ ~~ ~~ ~~k h~J --~U lY1vLl ~ ~ h~1f/ !.,'n!C ~dv'~rrom S.r ~s.-n~ ~~ ~ ~ ~ ~ ~. ~ - (~vt 1 ~ ~~ ~~~~ar ~ ItGJ r} 2r n ~*~ ,~ n R ~~ h o y ~ .~ o ,. ,~ ~ z ~ ~. ~ ~ ~ ~ ~ z ~ ~i i ~ . p ~0.+1 T a. FJ~iKht ~ ~. v t0 % c c ~ 4 ~ 1 it ~ 4 ~ ~ ~ r ~ V f ~ ` Q ~ ~ ~ J :H~) ~~ ,L [r~l I~ T ~ r