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HomeMy WebLinkAbout20060661 Ver 1_COMPLETE FILE_20060417 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 June 19, 2006 Mr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 W-V JUi v 2005 Subject: Action ID #SAW2006-32054-065, Daniel Flohr, New Hanover County, NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated May 10, 2006. The applicant, Daniel Flohr, has applied for a Department of the Army (DA) permit to construct an elevated, wooden boat ramp adjacent to the Atlantic Intracoastal Waterway (AIWW) on an access channel to Masonboro Sound. The proposed work is being considered under Regional General Permit #198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act (CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Project Area, Proposed Actions, and Anticipated Impacts The project area, proposed work, and anticipated impacts are described the Field Investigation Report (FIR), dated April 12, 2006, of the North Carolina Division of Coastal Management (NCDCM). The project site is a 2.65-acre resident lot on the mainland adjacent to an access channel to the AIWW in Masonboro Sound. The property has an existing boat basin, boathouse with boatlift, and floating dock on the western corner of the property. Along the eastern side of the property, site of the proposed ramp, there is a border of coastal wetlands 16-20 feet in width. The waters of the AIWW and Masonboro Sound are classified as SA-ORW (Outstanding Resource Waters) by the North Carolina Division of Water Quality. They are also designated a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries (NCDMF), but are closed to the harvesting of shellfish. The applicant proposed to construct a wooden ramp, 32 feet long by 14 feet wide, sloping downward from an existing bulkhead into the water of the estuarine access channel. The ramp would extend 32 feet waterward of normal high water (NHW) and 15 feet beyond the waterward edge of the coastal wetlands. The ramp would cross over the fringe of coastal wetlands. The waterward base of the ramp would be at a depth of four feet and normal low water (NLW). A special design feature would 2 space the decking board 5/8 of an inch apart to allow sun and rain to penetrate the ramp. Technical drawing states that 11 percent of the ramp would be open for the passage of sunlight. The ramp would be supported by six wooden pilings. The stated purpose of the ramp would be for very occasional boat use, swimming, and fishing. The FIR states that the proposed structure would shade 224 square feet (ft) of vegetated wetlands and incorporate 210 ft2 of open, estuarine waters. Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in New Hanover County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project- specific information on species which should be considered in permitting this project. The project area is in the Wrightsville Beach quad. The occurrence data of special status species within this quad can be obtained on the internet at < http://www.ncnhp.org/Pages/heritaizedata.htm] >. The Service carefully considers potential impacts for all in-water construction on the West Indian manatee (Trichechus manatus), a federally-endangered mammal. Manatees move along the Atlantic Coast during summer months and are seasonal transients in North Carolina, primarily from June through October. Manatees may occupy waters as shallow as three feet deep. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. Manatees are known to occur in New Hanover County and there are current occurrence records in the Wrightsville Beach quad. Manatees could occur in the project area. Any in-water construction, such as pile driving, may pose a risk to manatees. The application states that a water jet pump and small crane would be used for piling installation. For such construction Service recommends that our guidelines entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" be included as permit conditions. These guidelines address all types of in-water construction, except blasting, and should produce little, if any, additional expense. The guidelines are intended mainly to ensure that construction personnel are informed that manatees may occur in the work area, that work should cease if a manatee approaches the work area, work should not resume until the manatee leaves the work area, and procedures for reporting the death or injury of a manatee. These guidelines are available on our web site at < http://nc- es.fws.gov/mammal/manatee gTuidelines.pdf>. The risk to manatees could be reduced to an acceptable level by the implementation of the Service's guidelines. The risk would be further reduced by performing the work during the period of November through May. With the inclusion of appropriate procedures to protect the manatee, the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. However, the requirement of section 7 would need to be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Service Concerns and Recommendations While the need for the proposed structure could be questioned in light of existing facilities on the property, we recognize the minimal direct impacts that would occur. We are pleased that the design includes some spacing for the passage of sunlight. The Service is concerned about one, potential secondary adverse impact. The launch and retrieval of motorized watercraft from the ramps would create adverse impacts. The passage of even small motorized craft in out of the shallow water would create harmful turbidity and subsequent sedimentation within the PNA. While it seems unlikely that an outboard motorboat would be launched from the ramp, we are concerned about the use of jet skis. We recommend that the use of the ramp be limited to the activities stated in the permit application, i.e., very occasional boat use, swimming, and fishing, with "boat use" been confined to non-motorized craft such as a canoe or kayak. We would not support the use of the ramp for jet skis. The Service requests that the DA permit specifically prohibit the use of jet skis or other motorized watercraft at the ramp site. Overall, with prudent measures to protect the manatee and a limitation of boat use to non-motorized craft, the Service does not believe the activities described in the PN and FIR would have significant adverse and/or irreversible effects on fish and wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife under our jurisdiction, to the issuance of a DA permit for the proposed activities. The Service appreciates the opportunity to comment on this permit application. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard_hall@fws.gov >. Please provide this office with a copy of the coordinated federal position, if one is developed. Si cer , ?y Pete Be gamin Ecological Services Supervisor cc: Ron Sechler, NOAA Fisheries, Beaufort, NC Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC John Dorney, NC Division of Water Quality, Raleigh, NC Jim Gregson, NC Division of Coastal Management, Wilmington, NC Fritz Rohde, NC Division of marine Fisheries, Wilmington, NC Projects Subject: 401 Projects From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Wed, 17 May 2006 10:56:30 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Doug Huggett <Doug.Huggett@ncmail.net>, henry.M.Wicker.JR@saw02.usace.army.mil The following CAMA projects did not require a 401 permit: 2006 0661, Daniel Flohr: Ramp, New Hanover County 2006 0726, Eric Goldfarb, New Hanover County 2006 0731, John McNeil, New Hanover County 2006 0732, Christopher Ward, New Hanover County 2006 0733, Frank Colonna, New Hanover County 2006 0769, Patrick Koballa, New Hanover 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 1 of 1 5/17/2006 11:38 AM b o - 0 lv lv Ecosys.telmL° -' - ?' - PROGRAM INVOICE FOR BUFFERS December 11, 2006 Front Street Developers, LLC Attn: John O. Haroldson PO Box 1169 New Bern, NC 28563 Project: East Front Street Marina (Old Holiday Inn Site) County: Craven County DWQ#: 00-0661 EEP #: ILF-2006-5032 You have elected to satisfy the compensatory mitigation requirements of the Section 401 permit issued for the above referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC 2H.0500, the amount you owe is based upon the 2006-07 Fee Schedule and has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly Williams at (919) 716-1921. Buffer - Zone 1 & 2 8,131 square feet x $ .96 = $7,805.76 TOTAL AMOUNT DUE $7,805.76 Please mail a check payable to NCEEP for the Total Amount Due to one of the addresses below and enclose a copy of this invoice. US Mail: Physical Address: NCDENR Ecosystem Enhancement Program NCDENR Ecosystem Enhancement Program 1652 Mail Service Center 2728 Capital Boulevard Suite 1H 103 Raleigh, NC 27699-1652 Raleigh, NC 27604 Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name, please include a signed statement that the check is being written on behalf of, and with full knowledge of, the hermit holder. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Cyndi Karoly, Wetlands/401 Unit Kyle Barnes, DWQ- Washington Doug Huggett, NCDCM, Morehead City Jenny Johnson (electronic) File Rut-oYiag ... E ... Protect Our Stag 44 Nub Q?G 1 ? WATER QUAU" 'f? c, tAtrnS RSA ILTR NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net r Permit Class Permit Number NEW 92-06 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and (p Coastal Resources Commission C? Is" i for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229. Issued to Daniel Flohr, 8 Cedar Island, Wilmington; NC 28409 - Authorizing development in New Hanover County at adj. to AIWW access-creek, 8 Cedar Island, Wilmington , as requested in the permittee's application dated 3/27/06, inc. att. workplan drawings (9), 1 dated 7/15/87; 1 dated 3/15/06, 1 dated 3/24/06, 4 dated 3/27/06, 1 and 2 of 2 dated 7/11/06. This permit, issued on Jtily 12, 2006 , is subject to compliance: with the application. (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Boat Ramp 1) In accordance with commitments made by the permittee, the deck of-the boat rarrip shall be c6nstructed with molded fiberglass grating, all as expressly and specifically set forth in the attached .workplan drawings 1 and 2 of 2 dated 7/11/06. 2) Unless specifically altered herein, this permit authorizes only the 32 ft. x 14 ft. elevated boat ramp, all as expressly and specifically set forth in the permit application and attached workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this boat ramp without permit modification. No non-water dependent uses of structures shall be conducted on, -in or over public trust waters without permit modification. 3) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2009 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. '9'V' V. IfAv=- Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Daniel Flohr ADDITIONAL, CONDITIONS Permit # 92-06 Page 2 of 3 d) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation .for damage to-the authorized structure or work, or injury that may be caused from. existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed.-by the U.S. Coast Guard, through regulation or otherwise, on the boat ramp. g) This permit does not authorize the creation of any boat slips. The addition of tie-downs, pilings, or other formal mooring structures- shall require modification of this permit. General 9) Tho permittee understands and agrees that, -if future operations by the United -States T'equires the removal, relocation, or other alteration of the structure or work authorized by this permit; 'or if in the opinion of the Secretary of the Army or.his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers; to remove, relocate or alter the structural work or' obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the tidal waters of New Hanover County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the. period from June through October, the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be followed. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. Daniel Tlohr Permit # 92-06 Page 3of3 ADDITIONAL. CONDITIONS NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 060661. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE ORM. No. SAW- 2006-32054-065. n DEPARTMENT OF THE ARMY a--T F WILMINGTON DISTRICT, CORPS OF ENGINEERS _ 42 (p R O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 19, 2006 Regulatory Division Action ID No. SAW 2006-32054-065 and State Permit No. 92-06 Daniel Flohr 8 Cedar Island Wilmington, North Carolina 28409 Dear Mr. Flohr: Reference your application for a Department of the Army permit to construct an elevated wooden boat ramp from an existing bulkhead into an access channel to the Atlantic Intracoastal Waterway and Masonboro Sound, at 8 Cedar Island, Wilmington, New Hanover 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 modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, O"V W Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure p 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 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 ° to Milo W OR Jul,-, .?4 5 zfloq Q?h vi'?J ? f? ug'fip" V11*41,0'BTC?ftt?Pr?iE Viz' co NCD Nit 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 April 13, 2006 2 0 0.6 0 6 6 1 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Cyndi Karoly, Supervisor 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection Doug Huggett, Major Permits Coordinator CAMA Application Review Daniel Flohr ?v@ 0 ?? APR ? ? 2pU6 Q'~NR • WaT+?TQF?u' NLIV 8 Cedar Island, adjacent to the AIWW and Masonboro Sound, in the City of Wilmington, New Hanover County Applicant proposes to construct an elevated wooden boat ramp from an existing bulkhead into an access channel to the AIWW and Masonboro Sound. - Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 6, 2006. If you have any questions regarding the proposed project, please contact Robb Mairs 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, 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 :t DIVISION OF COQ iGEMENT FIELD INVESTA:. WZEPORT 1. APPLICANT'S NAME: Daniel Flohr 2. LOCATION OF PROJECT SITE: 8 Cedar Island, adjacent to the AIWW and Masonboro Sound, in the City of Wilmington, New Hanover Co. Photo Index - ?00O: 22-271 N-16,17 1995: 2.2-253 M, N-20,21 1989: 4-174-2 V, W-21,22 State Plane Coordinates - X: 2352393 Y: 160864 Rover File: 0022814A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/28/06 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 4/11/06 Office -Wilmington 6. SITE DESCRIPTION: L oval Land Use Plan -New Hanover Co./Wilmington Lang Classification From LUP - Conservation (D) AEC(s) Involved: EW,PT,CW, OR (C) Water Dependent: Yes (D) Intended Use: Private (E,) Wastewater Treatment: Existing - City sewer Planned - None (e Typc of Structures: Existing - Single-family residence, bullhead, private boat basin, floating dock, boathouse and boatlift. Planned - Elevated boatramp 32'x 14' E;nnual Rate o"E+'rosion: N/A Source - N/A 7. ?i.3I1TA1. DESCRIPTION: [AREA] DREDGED FILLED OTHER (A,) Vegetated Wetlands - Shaded 224 sq. ft. (R) Non-Vegetated Wetlands - Open Water 210 sq. ft. (Incorporated) (C) Other - (1-';) Totpl Area Disturbed: 434 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct an elevated wooden boatramp from an existing bullhead into an access channel to the AIWW and Masonboro Sound. Daniel Flohr P ??;?? Tsvo PROJECT DESCRIPTION: The project site is located at 8 Cedar Island, adjacent to the AIWW/Masonboro Sound located in the City of Wilmington, New Hanover County. To locate the property from Oleander Dr. (NC Highwayl7), turn onto Greenville Loop Road and travel approximately 0.8 miles. Turn left onto Old Military Road and travel approximately 0.5 miles east. Turn right at the bend and continue to travel south until the road terminates into the property. The property consists of approximately 2.65 acres. The applicant maintains a private residence at this site. The average elevation of the property is approximately 3-12 feet above mean high water. The highground is landscaped with shrubs and maintained as a lawn. In addition, there are some woody species, which includes Pine and Oak trees. An approximately 922 linear foot wooden bulkhead stabilizes the shoreline. There is an existing boat basin, boathouse with boatlift and floating dock located on the western corner of the property, which abuts the upper end of the Cedar Island basin/canal. There is a border of coastal wetlands approximately 16-20 feet in width along the eastern side of the property, which faces the access channel from Cedar Island Basin to the AIWW. These coastal wetlands are vegetated primarily with Smooth Cordgrass (Spartina alterniflora) and Salt Meadow Grass (Spartina patens). Other wetland vegetation landward of the bulkhead includes Sea Oxeye (Borrichia frutescens). The 'ilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Masonboro Sound are classified SA-ORW by the Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PRO 'OSED PROJECT: The r±)plicant proposes to construct an elevated wooden boatramp from an existing bulkhead into an access channel to the AIWW and Masonboro Sound. The boatramp would extend from the existing bulkhead with diin?,nsions of 32' in length by 14' in width over coastal wetlands located at the northeastern end of the property. Six (6) wooden pilings measuring 8" in diameter would support the boatramp (three on each side). The boatramp would extend approxinnatcly 32' beyond Normal High Water (NI- W) and approximately 15' beyond the water-ward edge of the marsh to achieve a water depth of approximate -4' Normal Low Water (NLW). The application states that the ramp would be constructed with decking boards 5/8 of an inch apart to allow for sunlight and rain to penetrate through the ramp. The application also states that this location was selected to provide the best balance between the ability for safe launching and minimizing impacts to Coastal Wetlands and Public Trust Area. 10. ANTICIPATED IMPACTS: The proposed structure would shade appro,.ir;nately 224 sq. ft. of coastal wetlands and incorporate approximately 210 sq. ft. of Estuarine Waters and Public Trust Area. The structure would not encroach into the established channel to the Cedar Island Basin and the AIWW. Submitted by: Robb Mairs Date: 4/12/06 Office: Wilmington Rohr Residence 8 Cedar Island Wilmington, TIC 28409 March 27, 2006 t? "A:l?i_?.'?ii\i?j 0CPO, yip Ai-A Application for Ramp l'Ah $ ."&- aeIve A CAMA Permit is being sought to construct a 14' wide x 30-32' long elevated wooden ramp at 8 Cedar Island, Wilmington, NC. The ramp would be tied to an existing wooden bulkhead and project out over a small area of estuarine shoreline into the Cedar Island ICWW access creek. The ramp will project out just far enough so that the end is submerged at mean low tide. The creek is about 100' wide where the ramp is proposed and t:i_e ramp would project approximately 15' into the channel. The locrJon selected involves placing the ramp over about 168 square feet of estuarine shoreline. The ,_Mnp will verage about 3.5' above the surface of the shoreline. The estuarine shoreline below the ramp will continue to receive direct morning and afternoon sun. In addition, the proposed ramp design has the decking boards 518" apart allowing 100% of the rain and approximately 11 % of the mid-day sun hitting the ramp to pass though to the grasses below. The location for the proposed ramp has been selected to provide the best balance between: a) rrinimizin the estuarine shoreline that would be effected, b) keeping the ramp length and intrusion JilIM the creek as short as possible and c) keeping the ramp slope shallow enough to insure safety. Existing Bulkhead High Seawall Low Tidy Line t Ramp not possible High seawall and safe slope requires long ramp which would extend too far into waterway. 15% slope 9' drop to low tide water requires 60' ramp 4' High Seawall i ? Estuarine Shoreline Ramp R' Possible Ramp not possible a. Too close to PL b. Elevated ramp would be far too long or top of ramp 3 feet above grade Location selected a. minimizes estuarine impact b. minimizes ramp length for low tide use -30' c. provides safe slope Form DCM-MP-1 f?C?11 WILi???l APPLR'A'IA0N' (To be completed by all applicants) b. City, town, community or landmark I h f l _?-1 I. at..'" C 1 ON 1. APPLICANT a. Landowner: Name t-??.°V ! i? l 1 (,?LQ j I' Address -C?- 0; '\ ? S L?`? r City (ON State G7? -iP Z? (4c a? Day Phone 'if 0, Z-3 3 S6i 4 Fax b. Authorized Agent: I"Talre 1 ' lC ?- L 0 l4 r? AddIress &A, w CltvbJState c- C -°- Zip Day PhoneGl l c; L3? C' c. Project name (if any) k':f - R (Z C. Street, address or secondary road number Fax d. Is proposed worithin city limits or planning jurisdiction? v Yes No e. Name of body of water nearest project (e.g. river, creek, sqund, bay) A CCI? SS Cl?cc 3. DESCREP'TION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. j b. Is the proposed activity maintenance of an existing project, new work, or both? 1 V c. Will the project be for public, private or commercial use? !7c: t' r dt ;si'I ? t isru_d i;t r::_nF of lr. cr(s), 2. 1.0CATION OF PROPOSED P O, ECT h r Coulay d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is need, please attach 12/ F ??f i (? E (_ `fir 'l`s `> t,L+l?-i.l c2# f I:1 ? !• '- :-r 010M WILMINGTON. i IC MAR s y 2006 Varm DCM-T?V-l 4. LAND AND WATER UIAR ACTERISTICS a. Size of entire tract LS b. Size of individual lot(s) /\j c. Approximate elevation of tract above MHW or NWL -::? i ?__ d. Soil type(s) and texture(s) of tract e. Vegetation on tract T (tC e s> w .1 f. Man-made features now on tract --?--- ! FL G 1? /1 rti1 l L??____?j fez vbd l? 1. What is the CAMA Land Use Plan land classification of the site? (Consult the toast land use plan.) _X, Conservation Transitional DcvelDped )C Community Rural Other h. How is t`h`e tract zoned by local government? i. Is the propos(sl'project consistent with the applicable zoning? _ Yes No (Anach zoning conT,liance cerrificwe, iiappli=ble) j. Has a professional archaeological ass iment been done for the tract? Yes I No If yes, by whom? =. L the Pr Cj ct locates in a Rational Registered 1istoric District or doses it involve a National Register listed or eligible property? Yes V, No I. Are there wetlands on the site? V /Yes _ No Coastal (marsh) V11 Other if yes, bas a delineation been conducted? N / (4M-,ch docws-- radon, if available) 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 residential discharges.) U(I1`:?C 1 it (. dlrOl-t"" o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: 0 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. o An accurate, dated wort; plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an S 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) lase ttotc that original drawings are preferred and only high quality copies will be accepted. Bluc-lire 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 must be sufficiently detailed to guide agency personnel unfamiliar with the area to the ??e-ru?:i f?3/?s Farm DCM-MP-1 Cr,---' IVLED DCM 1%1AR 9't C i ., site. Include highway or secondary road (SR) numbers, landmarks, and the like. 0 A Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND e' 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 A Ncj< > ? t2.}ylsCj j%.Idress ?. C_ 2 (Sl ?lt? lam(( y?? Phone C,}-----?q 1 Name Address Phone Name Address Phonic c' A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Q5- b-SC2 a A rheck for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover, the costs of processing the application. A. signed AZC hazard notice for projects in oceanfront and inlet areas. A st. ternent of compliance with the 1,I.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) 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. 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 -Z 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 C 11A project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 77day of LLIQ , :ICI Print Name ? 1 4,)(C,'--- ?-t_G i4 Signatur . ?G r 4,-4 ?tlwiiZed .ig?ru Please indicate attachments pertaining to your proposed project. DCM MP-2 DCM MP-3 ?I/DCM MP--4 DCM MP-5 ® DCM MP-6 Excavation and FBI Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. ier??;? o•s;'3 L-1 C -7 Form DCNI-NIP-2 -17 L (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DChl-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Eristing Project Length Width [both Depth Access channel (NIT-W) or (N'\'='L) Canal Boat basin Boat cx' l? ramp1 Rock groin 'lock breakwater Other (Excluding shoreline stabilization) j j\)/A ?vt r-t-?o (4F" af, S (0 C, vi CL [Ij LAM rA) U i (Qf"j , l'j C? ! ?(?qo7 DC1N j2/-I,IP 1. EXCAVATION a. Amount of material to be excavated fro below MHW or NWL in cubic yards . b. Type of material to be excavated A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation l (SAVs) or other wetlands? Yes N ??A d. Highground excavation in cubic yards// 2. DISPOSAL OIL E'XCAVArTED NIATERIAL a. Location of disposal area / b. Dimensions of disposal area /V M c. Do you claim title to disposal area? Z) Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No n If yes, where? / `) /"q S tc u?vC /??v? SO S NC)i 111\J00 LvC C-:XCAQA ron( Ravi ed 03/95 `?--? ?- 1= L7- NiM VVILM1N(-)T0J1\1. NC; Form DCM-N P-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No NIA f. Does the disposal include any area in the water? Yes No n y /? 0 240E If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 3. SHORELINE, STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap N /-- b. Length N L"A c. Average distance wate Z and of MHW or NWL d. Maximum distance?waterward of MHW or NWL t\ //A- 1 •i e. Shorcline erosion during precedi g 12 months n ? (Source of information) h' f. Type of bulkhead or riprap material ! V g. Amount of fill in cubic yards to be placed below water level (1) Riprap _, NZ (2) Bulkhead backfill n1/14 h. Type of fill material /\J i. Source of fill material r v 4. OTHIER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be?rought to site? Yes ?= No Will fill material be placed in coastal wetlands r wetlands? (marsh), SAVs oZOeNo Yes If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?L?,'/1Tr-P, .1C 1 P?je-.,) to AND c. Will wetlands be cr: ssed in trans orting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. BAR, App' t or °?ect cue I ! 1 mat YYY Date evi:Ad 03;>5 VV1UM1,1N, G-0 N, i\JC CERTIFIED MAIL - RETURN RECEIPT REQUESTED PR 0 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of individual applying for the permit: D'lolo- koy , `I ttkjA A'4cc/ss Address of property: 2 15LA jAJ [J (Lot or streetg, street of road) L/kj L-Vy1(j'y (D(Dj-? , NC_( z (city & county) I hereby certify the I own property adjacent to the above referenced property. The Individual applying for this permit has described to me (as shown on the attached drawing) the development they are proposing. A description or drawing, with dimensions, should be provided whit this letter. rest s ? ?f....r?d?s, ?, Jyl?? P ?? -u _ I have no objections to this proposal 6,,5; 1 / If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave., Morehead City, NC 28557 or call (252) 808-2808 within 10 days of receipt of the notice. No response is considered the same as no objection if you have been notified by Certified Mail. Waiver Section I ukidierstaa d that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' From my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement I do not wish to waive the 15" setback requirements 06 Sigmrt Date Print Dame 9/ y -)62, 2"77 U Telephone number with area code RAMP LOCATION Existinq +8' Bulkhead • J / a ._ 7 «9 ?.c Fiohr Property } 5Q'., iJ Scale 1" = 20' /-?? 50' ± 8' +5, +3' ' Ra rn p 14' d 32' Riparian Neighbor Byrnes 5, e - >?e s Sox Pilinc.js ?ow ?t?ne -4, LAMA PERMI I RAMP Ramp Flohr Residence Channel fi p Cedar lslan `' Width -100' Z $J??I' 3(lilgt®?•iy ??ILJ R ?? a t Marsh ICWW Drawn by Daniel Flobr ? kale 1`? - p 00' ?- ._. Sheet 2 o 2 4---06 -06 ._..?.,.-.a«. „_m... .....-gym,..- ........: .... i .,.. ??_..._>:^ . ?? i ? Property ?,1,: Line 1 Ground Elevation Top of Ramp 3' Above Mean High Tide Existing Pilings ana Seawall Seawall to Wetlands Vegetation Line 91- 15' Decking 2x6 with 5/8" board spacing -11% open for sunlight Ramp Slope N 20% Scale 1" = 4' Mean Low Tide _4f CA MA PERMIT RAMS' lohr Residence Cedar 5I Drown by Daegie1 Rohr Sheet 1 of 2 4-1-0-06 , V'" S r, 4 RA F D43, [TE - A L ? Ground Elevation Top of Ramp +3' Above Mean High Tide 1 -' b"-`1DE'--`\j/IEW Scale 1" = 4' Existing BuUdiead Decking 2x6 with 5/8" board spacing -11 % open for sunlight Ramp Slope N 20% 321 Mean High Tide 01 f\,1 Mean Low Tide -4' LAMA PERMIT RAMP Ff ohr Residence Cedar island a i1nningtc p , N Dawn by Daniei FIohr .-g seet 1 of 2 4-4-00 a RAMP LO CA I I O N Existing +8' Bulkhead of ,? 1,7 1 d ,7 y` ?.K SSetY +?twf p.?a?..?.1h I Flohr Property 'J i _50'. Ramp Channel width -100' Marsh icww Scale 1" = 20' 8' +5' +3' +3' Ramp _ t, 32, { - 14' Riparian Neighbor Byrnes Scale 1" = 100' Property Line 50' _ ??gh T ? ?e de ?;ne , l.ih ?lanas 0 e ?0w Tiae L/ne -4' LAMA PERMIT RAMP Flohr Residence 8 Cedar Island Wilmington, N Drawn by Daniel iohr Sheet 2 of 2 4-4-06 RAMP LOCATION Existinq +8' Bulkhead J / t? J? T D.AfT f'1 : ve n? Flohr Property Ra m p ? r °?: 1;; Channel Width -100' Property Line 50` High T d We e Cane 0 • Cin ti e Cow Tide /,I- '/'7e -4, CAMA PERMIT RAMP Fl®hr Residence t 8 Cedar island Wilminc=`,cn, NC Marsh ICww Drawn by Daniel Rohr j Scale 100° Sheet 2 of 2 4-4-06 , Scale 1" = 20' +-8'+5' +3' +3' Ramp t =w ' .? 32 4' Riparian Neighbor Byrnes Flohr Residence Ramp 3/24/o ,,,o-., {<<. CAMA Permit AD-plication Existing Seawall & Pilings i?y'?I I? i i RENDERING OF PROPOSED RAMP Flohr Residence 8 Cedar Island Wilmington, NC March 27, 2006 Mid Tide RECEIVED DCM WILMINGTON, NC AFF 0 7 2006 RENDERING OF PROPOSED RAMP Flohr Residence S Cedar Island Wilmington, NC March 27, 2006 Mid Tide Abandoned Pilings from Riparian Neighbor's Ramp and Floating Dock Lost During Hurricane Bertha s ;. i i k . t/{f r 0 U • , cesl? . , ?e?GT -/ I TCCCY 7 ? T12AGT V I DD' I Z?,U' ? _? 1.I1 ? P¢i?dTa 0 a,?.l.Y AI62Mf. U.L. ?- J e /!t, ggSi6. 1+' ,I I 1 cUQVn 04T& r•L yy`y ?,. 1 ar*?,c-sa' VV?Ia tl 1 ?.L?1d 50 .? ?? t >, f? h ?e ?rc f1 ? OP $ . VI j TQ.AGT T Existing Bulkh: v kg` f ?. 'mom fA I-S L,ar 15 111 Floct! Z"jS 410 (E?•JI FIICM ?LOoc? WNew Ramp mar 9!011.8 oo91A r-L.-&,r IOL), cy, VArICQS 11 ? s oF, Ncws 14' X 30'-32' ?) f?ro6 iir?i.s?a° ca+G:?bk+$?4' atwn ..?,1 u ss .t.or .so+/o ,lw • 3f pM vlrt e7a1+J *=,giC lt111 4 Mpottlw *d", l:i ffe e?wesae el 41i11?1Ajt0or'?f•tpil,iaoon8.levg7 oe 1q+portlnQ -seeb?n le 'SQ.7{,l:11t aho.e stab ska'A?r 1) T'be elgatlba oI tao'fltst Clbor W-27,01 fact Ob vt. go" ' sea Le I. ' - S) 7hA •Lvatlon of. the.. top floor 11•;1.17,1ict `above 0941 na laa.l, ?4? 0 Ja' b ?j? avee? i, SUQvI=,y ? TrZec`6'?. uew wU lrovs ct G.pVUTY !.loOT11 ?6oLlk Fo¢ ?. W. .IORZDEQ TUR JU&% ZI, lady- 'Y LPC>TE Jut v IS, 1416-F , IA,r C 1•` r , Mel•+sv vC>•a Oce4wic&=-.Tb5 I.y-/? ? cowalLTlNa ltl.4?N ?. FC.M.•+Aay V `MU•.LIJ0.YlK ypgt4 GkbLll.l/. r 0 CAMA PERMIT RAMP FLOHR RESIDENCE 8 Cedar Island Wilmington, NC Drawn 3-15-06 ?y r` Y r i i ?d Area of Detail I&Z BWhhwJ i I. Existing Bulkhead Low Tide Line DETAIL I Location Decision impact b. minimizes ramp length for low tide use -30' c. provides safe slope Area of Estuarine Shoreline Below Elevated Ramp 168 square feet 9' 15' DETAIL 2 Shoreline Ccver 0H Z3 14'~ Estuarine Shoreline ---- 8' High Seawall 4' Hi h Seawall Ramp Possible _Estuarine Shoreline Ramp not possible a. Too close to PL long ramp which b. Elevated ramp would would extend too far be far too long or top into waterway. 15% of ramp 3 feet above slope 9' drop to low grade. tide water requires Location selected 60' ramp a. minimizes estuarine Ramp not possible High seawall and safe slope requires ??-• ? rT1 i m 0_1 _M ?n U n Average Height o Ramp Above Estuarine Shoreline Existing Bulkhead Estuarine Line Low Tide Decking 2x6 with 5/8" board spacing -11 % open for sunlight Flohr Residence 8 Cedar Island Wilmington, NC Drawn 3-15-06 LAMA PERMIT RAMP n z ca ? o Z CS ?o Z ,Ca 12' x 24 Covered Boat Lik 6'x 32' Floating Dock Boat Slip ti :v eti ? ?? t `^ . .? J .. tea' ` F•-; fit FLOHR RESIDENCE S Cedar Island Wilmington, NC CAMA PERMIT RAMP March 27, 2006 OTHER WATER DEPENDENT STRUCTURES R E C a i v ACM Will ?j?f MIAR 3 0 2006 FLOHR RESIDENCE RAMP CA MA PERMIT PROPERTY OWNERSHIP MARCH 27, 2006 0 N Q C O? c? r (? O it n LONNIE B WIL LIAMS KENNETH E HAIGLER JOHN x MARGARET 1 .r. BYRNES 1. TRUSTEE ETAL T4 y , 14 0 00. u CLAYTON SMITH