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HomeMy WebLinkAbout20041882 Ver 1_COMPLETE FILE_20060322 1 DEPARTMENT OF THE ARMY Z WILMINGTON DISTRICT, CORPS OF ENGINEERS 4 i P. O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 5, 2006 Regulatory Division t Action ID No. 200600774 and State Permit No. 171-04 Bonnets Landing POA c/o CL Smith and Son Properties, LLC I Southport Supply Road Bolivia, North Carolina 28422 Dear Madam or Sir' Reference your application for a Department of the Army permit to construct a 10-slip community dock at 526 East Moore Street, adjacent to the Cape Fear River, Southport, Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for 4 any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization- modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, I"! He icker, Project Manager JUL 1 ? ? 1 '`2006 Wilmington Regulatory Field Office 7LANDS ID TOf2WiAT R RMCN Enclosure Copies Furnished without enclosure: Ms. Cyndi Karoly Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 2 l Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 I- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS R O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFERTO July 5, `2006 Regulatory Division Action ID go. SAW 2006-32037-016 and State Permit No. 78-06 I Gregory Poole Equipment Company 1500 Sensation Weigh Beaufort, North Carolina 28516 f Dear Madam or Sir: Reference your application for a Department of the Army permit to construct a 6' x 169' floating dock with a 6' x 223' access adjacent to Core Creek and bordering the boat basin of the Jarrett Bay Boatworks facility, in Jarrett Bay Industrial Park, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization j -modified: --- - - - - - - - - -- - --- - - - - Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, W HProject Manager Wilmington Regulatory Field Office Enclosure i Copies Furnished without enclosure: Ms. Cyndi Karoly Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 - Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 2 401 Projects Subject: 401 Projects From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Tue, 18 Apr 2006 15:37:27 -0400 To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Ian McMillan <Ian.McMillan@ncmail.net>, Henry.M.Wicker.JR@saw02.usace.army.mil, Doug Huggett <Doug.Huggett@ncmail.net> The following project was issued a 401 permit on 04/12/2006: Lockwood Folly, DWQ#: 2006 0291, Brunswick County The following project did not require a 401: Bonnet's Landing POA/Community Dock, DWQ#: 2004 1882, Brunswick County Thanks, -- Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 of 1 4/18/2006 3:39 PM 1 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 March 20, 2006 MAR MEMORANDUM: 2 2 2006 WSavoSj Qupurr TO: Cyndi Karoly, Supervisor ANIVERe%CH 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: Bonnet's Landing POA / Community Dock Project Location: 526 East Moore St., adjacent to Bonnet's Creek and the Cape Fear River within the Town of Southport, in Brunswick County Proposed Project: Applicant proposes to construct a 10-slip community dock.. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 12, 2006. If you have any questions regarding the proposed project, please contact Jim Gregson at (910) 796-7290, when appropriate, in-depth comments with supporting data is requested. REPLY: i SIGNED 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. 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 \ Affirmative Action Employer - 50% Recyded 110% Post Consumer Paper Y 3.; E 4.i 5. 6. i 7. . 8. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Bonnet's Landing Property Owner's Association / Community Dock LOCATION OF PROJECT SITE: 526 East Moore Street, adjacent to Bonnet's Creek and the Cape Fear River, within the Town of Southport, in Brunswick County Photo Index - 2000: 10-95 I-J, 14-15 1995: 10-93 H-1, 18-19 1989: 184-1 N-0, 7-8 State Plane Coordinates - X: 22099800 Y: 63456 GPS - S030720A INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/07/06 03/14/06 Was Applicant Present - No PROCESSING PROCEDURE: Application Received - 02/17/06 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan- City of Southport Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- None Planned- None (F) Type of Structures: Existing- None Planned- Access pier and community dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FTT.T.FD nTUFR (A) Vegetated Wetlands (Coastal) 1,680 sq. ft (shaded) (B) Non-Vegetated Wetlands (Open Water) I 4,900 sq. ft. (incorporated) (C) Other - Highground disturbance . (Boat ramp) (D) Total Area Disturbed: 7,166 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SC Open: No PROJECT SUMMARY: The applicant proposes to construct a 10-slip community dock. ' Bormet's Landing Property Owner's Association March 17, 2006 Page 2 9. PROJECT DESCRIPTION The project site is located at 526 East Moore Street, adjacent to the Cape Fear River, within the City of Southport, in Brunswick County. The property is a parcel of land measuring approximately 300 feet in width by approximately 490 feet in depth from East Moore Street. The property is located on the south side of East Moore Street and is bordered by Bonnet's Creek to the east and residential development to the west. The property consists primarily of regularly flooded marsh vegetated with Smooth Cordgrass (Spartina alterniflora). The marsh area is broken up by smaller areas of I highground, which appear to be remnant spoil piles from historic dredging of Bonnet's Creek. The spoil piles form a rough line through the property from East Moore Street to the River. The spoil piles contain both mixed high marsh and upland vegetation consisting of Sea Ox-eye (Borrichia frutescens), Salt Meadow Hay (Spartina patens), Live Oak (Quercus virginiana), Red Cedar (Juniperus virginiana) and Southern Wax-myrtle (Myrica cerifera). The project site is not under the ownership of the applicant, however the applicant has been granted an easement across the eastern most sixty feet of the property for the purpose of constructing a dock and boat slips. The waters of Bonnet's Creek and the Cape Fear River in this location are classified as "SC" by the North Carolina Division of Water Quality. The area is not designated as a Primary Nursery Area by the North Carolina Division of Marine Fisheries and is Closed to the harvest of shellfish. PROPOSED PROJECT The applicant is proposing to construct an elevated pier and walkway across the property to the waters Cape Fear River, where the applicant would construct a ten-slip community docking facility. The structure would begin at East Moore Street at the first spoil pile. The structure would begin as two elevated walkways, measuring six feet in width, spanning the marsh area between the first three spoil piles. These two structures would measure 120 feet and 180 feet in length. An elevated pier structure would begin at the third spoil pile, approximately 10 feet landward of the MHW line and approximately 40 feet landward of the waterward edge of coastal wetlands. From the outer edge of coastal wetlands, the structure would extend approximately 200 feet into the open waters of the Cape Fear River. The last five feet of the access pier would widen to eight feet to create a small platform area. Extending off the main pier structure, the applicant is proposing to construct six fixed finger piers. The landward most set of finger piers would be approximately 120 waterward of the outer edge of coastal wetlands. Each finger pier would measure 4 feet in width by 15 feet in length. Ten I boat lifts, each measuring 13 feet by 13 feet, would be constructed within the slips created by the finger piers. Water depths in the area of the ten slips would range from -4 feet to -10 feet at MLW. The applicant states that the pier would provide nine docking spaces for the residents of Bonnet's Landing and one docking space for the owner of the property. Bonnet's Landing is a nine- lot subdivision located directly across E. Moore Street from the project site. This subdivision was permitted on December 17, 2004 (CAMA Major Permit No. 171-04) under the Express Permit Review Program. Development of the subdivision is currently underway. Bonnet's Landing Property Owner's Association March 17, 2006 Page 3 10. XNTICIPATED IMPACTS The proposed access pier and walkway would result in the shading of approximately 1,680 sq. ft. of coastal wetlands. The proposed docking facility would incorporate approximately 4,900 sq. ft. of estuarine waters and public trust area. The structure would extend approximately 200 feet into a «•aterbody that measures approximately 2,300 feet across. The structure would terminate approximately 720 feet from the Federal Channel Setback and would not exceed the established pier length along this shoreline. Submitted by: Jim Gregson Date: 03/17/06 Office: Wilmington Bonnet's Landing Community Dock The proposed dock on Moore St. in Southport will serve as an amenity for the community located directly across the street called Bonnet's Landing. This dock will be owned and maintained by the Bonnet's Landing POA (property owners association) and not for public use. A permanent easement has been granted by the property owners to the POA for construction, use, and maintenance of the dock. The dock will contain 10 slips with boat lifts. The current property owners will be granted the right to use 1 boatslip while each of the property owners in Bonnet's Landing (a 9 lot subdivision) will each have a boatslip. The dock will be constructed in 3 sections, as depicted on the drawings, as it follows a series of small spoil islands. Form DCM-W I %? 1© cro be cad by ) a. Ludownw.- 33 4l S S , `ss6 city .o-ZLra J?? C zip ZZ gay Fie & ZS3 -$o? 6 Fu 2S'3-ec?? ` b. A=Wizad &,= itii= `"t 7Y' %K/7 fti Adds city 0 s? (f Zip Z-T'YZZ Daypboae Q s3-€?oG6 f?o Fax c. Project: nay (if my) Nam- pvj?za =we. I LOCA71ON OF PROPOSED PRO]", a. C=ity b. City,, ammusky or IM J c. ' Stred ads or zaccal y road number -v#bin clay limits or phamft d. Is woO ? Yes No e. Name of body of warms great project (e.g. ice, . tmek, sound, bay) Cie -F .- 9vt-e.- 3. ]DPION AND PPLANNED i,J a. List au ftvdqmwm wtivitks you pwPM (e g. buiog a as ( moteds z , bulkhead, pier, and fY'? ??fl?fld?+7 b. Is the p WwW zctn? =Wteame an exists project, new work, or both? pqac!p comwercLil '=:, FivM or nas? d. Give s brief demon of purpose, use, of cwSWScdw and duly of propmed projut 1f e Spam is l• atw 4-F w e Cts a ?'t?F ar J-e ?i Ayl? ? s s4-?se?i l== Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a Size of entire tract acre---5- b c d! Size of individual lot(s) 6--0 a C4-e- e f. g- h.l Approximate elevation of tract above MHW or NWL 7 m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and radAential dischargm) fw r? rim o P Soil s) an texture(s) of tract o. Describe existing drinking water supply source. j?s????-r- I Vegetation on tract 5i-? r ?ar-ct ! Gt -s 44 Man-made features now on tract 4D-L-ie- What is the CAMA Land Use Plan land classification of the site? (cwuuu the toca tmd use ptan.) i Z Conservation Transitional Developed Community Rural Other How is the tract zoned by local government? 12? -I F) -i?:- C's v cfc??! tel. Is the proposed project consistent with the applicable zoning? _}C Yes No (,teach zof-g -orb-- =rVt"e, faprp6cabk) Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ?_ No 1. Are there wetlands o the site? K Yes No Coastal (marsh) Other If yes, has a delineation been conducted? ._(9 _ 640mA d--x="-. if a-"ke) 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: ea A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. a An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an E 1R' by 11' white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an 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 site or location map is a part of plat requirements and it roust be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised OM Form DCM-MP-4 STRUCTURES (Cmstra an within Pak Trust V=) Attach this form to Joint Application for CAMA Major Permit, Form DCM-M P-1. Be sure to complete all other section of the Joint Application which rate to this proposed project a. Dock(s) and/or Pier(s) (1) Commercial Lcom=Uaty pmt (2) , Number / (3) Length :57 © ` (4) Width ' (5) F'mger Piers Yes No (i) Number f Ci) Length (6) PIatforsn(s) Yes No 0 Number / C7 Length (iii) Width Cn Number of slips proposed /D (S) Proximity of structure to adjacm riparian property lines '/S" (9) Width of water body ?T S D ' (10) Water depth at waterward end of firer at - MLW or NWL 7 mzt,, Irk f b. Boathouse (including covered lifts) (1) -- COMM" Private (2) Length E 11 A (3) width ' c. Groin (e.g. wood, sheetpile, etc.) (1) Number (Z) ms(s) d- Breakwater (eg- wood, sheetpile, etc.) (1) Leno Al 1 (2) Average distance from MHV, NWL or wetlands A/ IA- (3) Maximum distance beyond N?W, NWL or wetlands e. Mooring buoys (1) _ Commercial Community _ Private (l) Number (3) Description of buoy (color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure ring pilings, etc.) _ ) (1) _ Commercia-V,,.?Community Private (2) Number _ /;q (3) Length (4) Width i 3 g. Other raw wnrkte ? Nam Sk=WM Revised 03M i G Form DCM-MP-1 site. Include highway or secondary road •(SR) numbers, landmarks, and the like. A Storinwater Certification, if one is necessary. ® 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address -7 B-r e 62e-t--' T-' A, Phone L t?i+-+ 2 y Y L Z Name Wk- 1, kalif- G J-^tG5 Address , (l © '7 .-f-- :.?,' C .2 Z Z Phone '13 Q (ILi a- Name Address Phone w A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. o A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. Asigned AEC nR and 'uhf hazard notice for projects in 0 ..-.s ww.....1:.- n mouth tiR W6.N 1 7-0) It the protect involves the expenditure of public ISzPiidj Vi ic36 vi 11"UI i. Barsrw:, Environmental Policy Act. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. Z?.S This is the day of Print Name S' or Awx h rind Ag Meese indicate attachments pertaining to your proposed Pm1 DCM UP -2 Excavation and Fill Information DCM '-3 Upland D velo.^i^.mt =I MP-4 Structures Formation DCM MP-5 Bridges and Culverts DC!A NEO-L FL. • .:s - D=e, -^-. e.M4 NOM Pie= mgrs and d we each : narhmens in the ,..;t,. .;,1-.4 ,.s #L. h^s.,,.., of s? fnrrn Revised 931% -?Nl4e S AN I N -4? kce,I 'a y v Proc? 31:? A R•?f rr ?? 1 xi 4. a 4) 'IF p ti n J 4p -r 5J c S t ,4 S. r •.L k ? f t j ?t .lp i ? YI `S ? ? Y t2 1 ??v • ,t, i LAI l1C A ? f } } w 1 0 rr?t t" 'y r•. a , t ?y 1 .,y ?wh t? t I 5r.. p't ,l ;t r'q Jx fit'?' Q -7 v?? aSS__ Y• •? 11 # sF? } b w .. yy A t.? n w %l) p o ...._.l A G 4) e A ?- lit Z Ic, 1 r t °i LIP N P? IC qr1 G. } 1