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HomeMy WebLinkAbout20090262 Ver 1_CAMA Permit Application_20090313,4r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee ' man Governor Director Sec?6tary MEMORANDUM: March 12, 2009 TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection 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 Applicant: John & Sophia Fragakis Project Location: 616 Waynick Blvd., adjacent to Banks Channel & Greenville Sound, in Wrighstville Beach, New Hanover Co. Proposed Project: To realign the existing fixed dock, extend a floating dock into Banks Channel, and construct dockage for four (4) vessels Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 4, 2009. If you have any questions regarding the proposed project, contact Holley Snider (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 127 Cardinal Drive Ext., Wilminc, on, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity', Affirmative Action. Employer DATE One NorthCarolina Nafiii?!& DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Fragakis, John and Sophia 2. LOCATION OF PROJECT SITE: 616 Waynick Boulevard, adjacent to Banks Channel and Greenville Sound, in Wrightsville Beach, New Hanover County. Photo Index - 2006: 24-7413, K-17 2000:24-306, N-8 1998:11-216,N-12 1995: 24-287, R,S-13 State Plane Coordinates - X: 2361046.404 Y: 164416.814 Long: 77°48'21.98498"W -__ INVESTIGATION TYPE`. CA1VIA -ROVER FILE # - 0-030513A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/05/09 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 2/11/09 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wrightsville Beach Land Classification From LUP - Conservation (Open Water Area), Developed (Highground) (B) AEC(s) Involved. PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing -Two story single family home, bulkhead, boat ramp and a private pier Planned - Pier extension (6'x 9') (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nP'PnC3Pn VTT T Vn IITTTT'T (A) Vegetated Wetlands - V 111L1\ (B) Non-Vegetated Wetlands incorporated (Open water) 54 sq.ft. (C) Other I L -I F (D) Total Area Disturbed: 54 sq. ft.(>0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to realign the existing fixed dock and extend a floating dock into Banks Channel. The applicant also proposes dockage for four (4) vessels. Fragakis Page 2 9. PROJECT DESCRIPTION: The project site is located at 616 Waynick Boulevard, adjacent to Banks Channel, between the Atlantic Ocean and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover County. To locate the property travel east from Military Cut-Off Road (N.C. Highway 17) approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (N :C. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks_ Channel. Take the immediate right onto Waynick Blvd. (N.C. Highway 76) and travel south approximately 0.08 mile, the project site will be located on the right hand side. The lot is approximately 2,850 square feet with approximately 48 feet of shoreline frontage, the average elevation of the lot is approximately 3 feet above Normal High Water (NHW). The applicant maintains a two-story private single family residence on the east side of Waynick Boulevard. Highground vegetation consists of lawn grasses and ornamental landscaping. The shoreline is stabilized by an existing wooden bulkhead. A wooden boat ramp measuring 10 feet wide by 42 feet long wooden boat ramp is located approximately 10 feet from the adjacent riparian property line to the north. NHW is located at the face of the bulkhead and Normal Low Water (NWL) is approximately 35 feet waterward of the bulkhead. There is an existing private pier 5 feet in width by 63 feet in length extending into Banks Channel. The pier has a roofed "L head" platform measuring 14 feet long by 14 feet wide. Waterward of the platform is an access ramp that leads to a floating dock that measures 6 feet wide by 24 feet long, which runs perpendicular to Banks Channel. The submitted survey of the existing pier shows that the existing fixed pier encroaches approximately 6 inches into the 15 feet riparian setback to the south. The existing floating dock also encroaches approximately lfoot 2 inches into the 15 feet riparian setback to the south. The adjacent riparian property owner to the south also maintains an existing private fixed and floating pier. Water depths in the area of the existing floating dock are -4.5 feet at NLW. The adjacent riparian property to the north is an undeveloped street end maintained by the Town of Wrightsville Beach. CAMA General Permit #43386, issued on 12/1/05, by Robb Mairs, authorized a pier with platform. The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of Banks Channel, which are included in the Wrightsville Recreational Area, are classified SB by the Division of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish PROPOSED PROJECT: The applicant proposes to relocate the existing fixed dock and extend the existing floating dock 6 feet wide by 9 feet long towards Banks Channel. The applicant proposes to align and relocate the existing fixed pier and floating dock to conform with the 15 feet riparian setback to the south. No proposed changes to the fixed dock are proposed. The floating dock would run in the same alignment as the existing fixed pier and would be extended 6 feet wide by 9 feet long. The proposed structures would provide docking space for up to four vessels. Fragakis Page 3 s 10. ANTICIPATED IMPACTS The proposed pier system construction would incorporate 54 sq. ft. of Estuarine Waters and Pubic Trust Area. Minor increases in turbidity should be expected during construction. The realignment of the existing fixed pier and floating dock would meet both riparian setbacks to the north and south. The propose pier and oaten ock would extend approximately 108 feet into a waterbody which measures over 1000 feet across, which would conform with the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the Town of Wrightsville Beach Pierhead Line. Submitted by: H.Snider Date: 3/6/09 Office: Wilmington 1 2 Or -- 1nGti(,r?v. ?oclc r ?ecorc?s a?x 33-?oc, ( , r FEB ? 009 - . 2. Agent/Contractor Information Business Name jt-' (? 1 D? f e LSD .? s c' : 0 o •?J ©Glc 5 iJ he lL? ?af?' S ?GC Agent/ Contractor 1: First Name MI Last Name C -H -; /Z l A3 t Agentf Contractor 2: First Name MI Last Name Mailing Address PO Box City / c/ State r r f l M (? t t3 ZIP Phone No. 1 Phone No. 2 ?r? 3 ?? ?3 ??- g..Sl?ext. Rw 'd2Jl(a l? 3s7 ext. ; FAX No. Contractor # Otto-SSG "G3? '2- Street Address (if different from above) City State ZIP Email . <Form continues on bac >0M ?. _ WILMINGTON, NC Form DCM MP-1 (Page 2 of 4) 3. Project Location APPLICATION for Major Development Permit County (can be multiple) Street Address o State Rd. # e cJ Q.iJ d v r , r C- Lc. V J! J 4 Subdivision Name City , (r (?riSLr`fSo; l(G ?J?-`, State ?C Zip 02?'Y U Phone No. Lot No (s) (it many, attach additional page with list) ext. -a. -in which NC river basin is the project located? t.to proposed project res b. Name of body of water nea ar? `/ c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the _prooposed project site. . []Natural unmade (]Unknown y r_ r ?, ?lc S9 cry o e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Yes ?No work falls within./•(Y 53 0- C4 4. Site Description 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 a 5'J?d S?j ?f NWL (normal water level) 3 (it many lot sizes, please attach additional page with a list) %NHW or QNWL e. Vegetation on tract 1 J0, .5ca /Oecj S r ess1 .ldus?es f. Man-made features anduses now on tract b 0 a G , S„(c n 5 / ?? G r ??e?c e?C_e o, or?? ?e c,?ac7 ?Y g. 'Identify and describe the existing land uses adjacent to the proposed project site. resi C?'aa'te`T i OL homes 10/ 1?7 erS h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? ----- - (Attach zoning compliance certificate, if applicable) ?S i p?.??` I R !,yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes tkNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No' KNA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ?No A National Register listed or eligible property? C t <Form continues on next page> FEB 2009 DCM WILMINGTON, NC Form DGM MP-1 (Page 3 of 4) AI'IJLIUAIIUN rOr Major Development Permit m. (i) Are there wetlands on the site? ?Yes 5tsllo (ii) Are there coastal wetlands on the site? ?Yes (-No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ?No (Attach documentation, if availabte) n. Describe existing wastewater treatment facilities. Cou,S(y e-" ?- Y o. Describe existing drinking water supply source. C?qy w aNe? p. Describe existing storm water management or treatment systems. . r5. Activities and Impacts Will the project be for commercial, public, or private use? [QCommercial ?Public/Government '?rivate/Community . Give a brief description. of purpose, use, and daily operations of the project when complete. oC"4s d f EC eS5 1 0 wG t e? 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 ?` ???`,S So SeV ?t (toss d- ?A..? oo S prr [ d. Ust all development activities ou propos ? N S'}Q 0 CM /( S 0 G L 0, S S e. Are the proposed activities maintenance of an existing project, new work, or both? )'QGw Worm f What is the approximate total:disturbed land area resulting from the proposed project? ?Sq.Ft ouCDAcres NONC g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes VZ?o ?NA thatthe public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ?Yes . Zoo, ?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? ?Yes ,2vp ?NA If yes, attach a mitigation proposal _ R %wo LN I! V I- off" . <Form continues on back> FE? 2000a DChA Wi6.MINGT C u form L)CM MN-1 (rage a or 4) 6.. Additional Informati AYYLIGAI IUN for Major Development Permit. on 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) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. Aproject 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. I. 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 To o l 6J,- %5 GRc v 7 ! e_? Phone No./ O q -,I'D y 02 TS ec42 NZ 'O Address .?i tad x GZG 'L*? ?Se?ay DT, C.?risL7I C-1 Name e, eh ?.9/-,ss a,-J y n Phone No.j?q/ei, G?- 3Goy Address ?? IJO k 1 g I C e eea rc?r iCauC l? ?' /» C. j O S? Name Phone No. Address g. Alist of previous state or federal permits issued for work on the project tract. Jnclude permit numbers, permittee, and issuing dates. I .h. Signed consultant or agent authorization form; it applicable. i. Wetland delineation, if necessary. j. A signed AEG. 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.GG.S. 1.13A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands; attach a statement documenting compliance with the NorthCarolina Environmental Policy Act_ 7 Certification and Permission to Enter on Land t 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 1 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 evaluahn _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 O Print Name Signature Please indicate application attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development RECEIVED 1%?CM MP-4 Structures Information FEB 12009 DGM WILMINGTON, NC Form: DCM MP-4 STRUCTURES (Construction within Public Trust 'Areas) 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, 1. DOCKING FACILITY/MARINA CHARACTERISTICS ?This section not applicable a (?) Is the docking faciity/marina; b; - (i) Will the facility be open to the general public7 ?Commercial ?PubliGGovernment Private/Community ?Yes gNo c. (1) Dock(s) an,d/oyier(s) (ii)Number L?c_? I (iii) Length S 61 ((v) Width 3 f 33' (v) Floating _ j(es ` ?No e. (1) Are Platforms included?. CYes ?No If yes: (ii) Number (iii) Length (iv) Width _L2 -h- (v) Floating [:]Yes %No Note; Roefed areas,are calculated from driptine dimensions g. (i) Number of slips proposed (iii Number of slips existing i_. Check the proposed type of siting; 0 Land cut and access channel ?Opsn wet-sr; dredging for basin and/or channel jj?Open water; no dredging required Other; please describe: k• Typical boat length: c( M. (i) Will the facility have tie pilings? ?Yes 00 (ii) If yes number of tie pilings? l ip d. (i) Are Finger Piers included? (]Yes ONO If yes: (ii) Number (iii) Length (iv) Width. (v) Floating ?Yes ONo f, (,) Are Boatlifts included? tlyes >O If yes: (ii) Number (iii) Length' (iv) Width h: Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ODockage ("wet slips") only, number of slips: ? Dry storage; number of boats: goat ramp(s); number of boat ramps:. ???p ? 5 r •j 5 J ? Other, please describe: j. Describe the typical boats to be served (e.g,, open runabout, charter boats, sail boats, mixed types). 01- -5 1. N' Will the faci!lty be open to the general public? ?Yes "Io RECEIVED FEB 112009 2. DOCKING FACILITY/MARINA OPERATIONS ?,y???? f-'" s section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: Location: ? Showers ? 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? a. (i) Give the location and number of "No Sewage Discharge" signs proposed (ii) Give the location and number of "pumpout Available" signs proposed. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. Where will residue from vessel maintenance be disposed of? 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 manna policy on ovemigh! and live•aboard.dockage? k Describe design measures that promote boat basin flushing? RECEI I. If this project is an expansion of an existing marina. what types of services are currently provided? FEB 11 2M OCM WILMINGTON, IBC M. • IS the marinaldocking facility proposed within a primary or secondary nursery area? OYes ONo n. Is the mannaldocking facility proposed within or adjacent to any sheilrsh harvesting area? ?Yes ONo o. Is the manna/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. OCW OSAV OS8 OWL ONone P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes []No if yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 1. 9%UA I HUUSE (including covered lifts) section not applicable a. i Is the boathouse structure(s): []Commercial OPubliclGovernment OPrivatelCommunily (fl) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripiine dimensions. 4. GROIN (e.g., wood, sheetpife, etc. If a rock groin; use MP62, Excavation and Filh 34his section`nat applicable a. (i) Number - (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) his section not applicable a• Length b, Average distance from NHW, NWL, or wetlands o. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS s section not applicable - - a,_ Js the_str-ucture(s) . b,---Number._. OCommercial OPubiic/Government 0Private/Comm unity c• Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc,) ,Vote: This should be measured from marsh edge, if present. e. Arc of the swing C FEB 2009 DiChil WILMINGTON, NC 7. GENERAL a. Proximity of structure(s)llto (adjacent riparian property lines IL& b. Proximity of struct re(s) to adjacent docking facilities. i e?.v ba7? r<r? Note: For buoy or moaning piling, use arc of swing including length of vessel. c. Width of water body r r A /? ?D Snr? SiooC ? 730 ')Or^(Li CrCX? d. Water depth at waterward and of structure at NLW or NWL -l y G f e. (i) Will navigational aids be required as a result of the project? ?Yes ;nNo ?NA - ---------- ------------------ -- --------- - {uf If yes, explain what type and how they will be implemented. - - - -- - - 8. OTHER 07J is section not applicable a. Give complete description: r / f` N ?r s a' 1? g ?1 `L IJ oe?9'-re.? l s?_.t? oe?e?s 1 FEB 1 1 2009 DCM ILiV1iN67fON, NC Map Output Page 1 of 1 httn-//wwwciefaiilt_nhegov.com/cervlet/com.e,ri.eSriman.F-,riman'?OsPrvicPName=nverview _ ?n n/?nn4 z rb i Z?j ' L r = r N U I C? i Z f '-e 4 S . i It i 2 . 30 e /.. _J. by suY?w?C6? .f1/G/off 51;,c-Uwr5 303 = f f Z g - - r -_ --- - -- -a - DETAIL_ 1 v C? - - - 2f _ , L ? ; f 1 OF cc TO c? j MEAN LOW WATER ELEV 2 4 V 88 Io FACE BU . - . 4 NA D ? O U OF LKHEAD ? r WATER IS SEAN HIGH L MPAT_ LWE L T NE E)(UMED s 60x19'25' E 59.57 9.4 END OF = y iSRIPARIW SETH?CI( BUIJOIFAD CHAS! LINK _ HEAD UNE FLOATING DOCK LOT 20 Pu (TYP) r - - WOOD PIER ?o MB 3 PG 58 I o -, D8 1930 PG 919- SEE.; DETAII 15' WARM STAIRS o G. d SOPHIA T: FPWAKIS j` ? to ElF LOCAT? 00 OF ' ' CK T0, M = s, 0 LntE ° RIPARVW UNE LOT UNE EXTENDED - 257 19 _ _ ?•••? _ _N 60 N 6019'25' W 58.03' N 6643'13 w " . LOT 19 PILE (TYP) MB 3 PG 58 J WOOD PIE a ! FLOATING DOCK CA 17 PG 155 1 02. 5215 PG. 1410 ! 3 3 f DEREK d LOUISE WRISTANLY ' = f TUFT j MEAN LOW WATER ELEV. -2.44 NAVD 88 .r , o STAIRS SEE DETAIL 2 FOR ?-' ECM LOCATION y 1 RIPARIAN LINE (LOT LINE EXTENDED) C CAI - -- N 6(T19'25 W 57 13 . FA E OF BUU(HEAD IS DEAN HIGH wATER N '25' w 54.99' (E1P TO ECM) ?j SEE DET LL2 F BOA N TI G DOCK ! WOOD P1ER ElP WOOD BULKHEAD' ?0 1 RECEIVE u ` g? (LOT LINE EXTENDED) ?$ i?Og EEB mi DCM WiLrd NIGT , NC f ?f , f i wow I f RETARANG 3 1 1 193' ECM o 015' 1 L ' 202' 122' 1 71 : ? -? - ON N010NIV111M. V4 00 1 __ MA1303d- , - - _ lit) _ 51?P - AL _ y? w N 4 K. 6 3 :e t t i : : : MHo J:: ??; e(cd Locn:ise ?b?`??c 4d (e _ _ __ - II < 1 Ntvd, 0 46 s??+s rrG_ f3?? . . _ - a ..b Z - - - - - - - - - a 0 c i i , • - , , i , , } i MEWED . _ FEB ? ? 200