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
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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