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HomeMy WebLinkAbout20060731 Ver 1_COMPLETE FILE_20060428Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources Ak and D a t Coastal Resources Commission %A " t 2006 -mi-aermt Cy [? tivPYTE:Cafoi-, BRtuyc for Major Development in an Area of Environmental Concern pursuant to NCGS 113A=118 Excavation and/or filling pursuant to NCGS 11.3-229 Permit Number 94-06 Issued to Sandy McNeil, 410 Waynick'Blvd., Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at Banks Channel, 410 WMick Blvd., Wrightsville Beach , as requested in the permittee's application dated 1/30/06. including the attached workplan drawing (lj dated 1/34/06. This permit, issued on July 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. Docking Facility 1) Unless specifically alterdd herein, this permit- authorizes only the expansion of the existing boat lift from 13 ft. x 11 ft. to 13 ft. x 13 ft., all as expressly and specifically set forth in the attached permit application and workplan drawing. No other structure, whether floating or stationary, shall become a permanent part of this expanded.docking facility without permit modification. No non-.water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheet 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. 0907& V- Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. 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. Signature of Permittee Sandy McNeil Permit # 94-06 Page 2 of 2 ADDITIONAL CONDITIONS 3) 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. 4) 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. 5) 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. 6) This permit does not authorize an increase in the number of slips at the existing dock. NOTE: Should the :neighboring property located to the north be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. General 7) The permittee undbrstands and agrees -that, if future operations by the United States requires 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. 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. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 060731. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. SAW-2006-32092-065) which was issued on 6/1/06. 401Projects 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 T L ?_K WA 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 April 25, 2006 ` ??' I MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection z? FROM: Doug Huggett, Major Permits Coordinator '? X006 SUBJECT: CAMA Permit Application Review. Applicant: John McNeill Project Location: 410 Waynick Blvd., between Banks Channel and the AIWW, in Wrightsville Beach, New Hanover County Proposed Project: Applicant proposes to enlarge an existing boatlift by an additional two feet to an existing docking facility: Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 19, 2006. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, 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 \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John McNeill 2. LOCATION OF PROJECT SITE: 410 Waynick Blvd., between Banks Channel and the Atlantic Ocean, in Wrightsville Beach, New Hanover County. Photo Index 2000: 24-307, M, N-20 1995: 24-287, S-5,6 1989: 5 176 26,1-8 State Plane Coordinates - X: 2362221 Y: 166245 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-041319C 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/13/06 Was Applicant Present- No 5. PROCESSING PROCEDURE: Application Received - 4/18/06 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wrightsville Beach Land Classification From LUP - Conservation (water area) and Developed (upland area) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - None (F) Type of Structures: Existing - Residence, bulkhead, pier, gazebo, floating dock and boatlift Planned - Enlarged new boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] TAR FnnFD FTT.T .FT) (1TMF.R (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (O en water) (Incorporated) 169 s q. ft. (C) Other (D) Total Area Disturbed: 169 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No 8. PROJECT SUMMARY: The applicant proposes to enlarge an existing boatlift by an additional two feet to an existing docking facility. John McNeill Page 2 9. PROJECT DESCRIPTION: The project site is located at 410 Waynick Blvd., adjacent to Banks Channel located at the southern end of Wrightsville Beach, between the Atlantic Ocean and Greenville Sound, in New Hanover County. The lot measures approximately 0.04 acre and has approximately 53' of shoreline frontage along Banks Channel. The lot averages 3'-5'above mean sea level and the shoreline is stabilized by a bulkhead. Waterward of the bulkhead is an intertidal beach area approximately 35' wide. The applicant maintains a single-family residence on the property and vegetation consists of lawn grasses and landscape shrubs. There are currently no coastal wetlands on the property. There is an existing private pier (6'x 55'), with an associated gazebo, floating dock and boatlift located at the subject property, which extends into Banks Channel in a westerly direction. The pier terminates in a gazebo (16' x 24'), which then leads to a floating dock (5x 32') accessed by a gangway. The floating dock runs from east to west, perpendicular to the shoreline. There is one existing boatlift (13' x 11') located on the northern side of the floating dock. Adjacent to the southern side of the floating dock, approximately 24' south of the floating dock, are mooring pilings used to accommodate a larger vessel. The pier and floating dock currently provide docking space for two (2) vessels. The structures are landward of the established Town of Wrightsville Beach Pier head Line. The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the Banks Channel, which are included in the Wrightsville Recreational Area, are classified SB# by the N.C. Division of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to enlarge an existing boatlift by an additional two feet at the existing docking facility. The existing boatlift measuring 13' x 11' on the northern side of the existing floating dock would be replaced with a new boatlift measuring 13' x 13'. The new boatlift would be installed an additional two feet to the north and would be located outside the existing footprint of the docking facility. The proposed docking system would still provide dockage/storage space for up to two vessels. 10. ANTICIPATED IMPACTS: The proposed boatlift would incorporate an additional 169 sq. ft. of Estuarine Waters and Public Trust Area. The proposed structure would be consistent with the Town of Wrightsville Beach Pier Head Line and can be built with in the applicant's area of riparian access. The Applicant has received a waiver from the adjacent riparian property owner to the north to allow encroachment into the riparian corridor 15' setback. Minor increases in turbidity can be expected during construction. Submitted by: Robb L. Mairs Date: 4/21/06 Office: Wilmington F Form DCM-MP-1 APPLICATIONL?,? (To be completed by all applicants) APR 2 6 2006 1. APPLICANT a. Landowner: Name ?/S-I`SL?J'r M C (ai 1.- Address LLD l-?.:`(N i t?l< f3w c7. City ega_= iA Zip ` !) Day Phone Fax 915'- 3 f14- State. K3C 840-6 (41 c. Street address or secondary road number LbY1Jl ??. Cyi7. _ 4=t O d. Is proposed work within city limits or planning jurisdiction? _V-' Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 1364) h 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: b. City, town, community or landmark 1timG aysy I Lle List all development activities you propose (e.g. building a home, motel, tsarina, bulkhead, pier, and excavation and/or filling activities. t-tF-r i'3? i?.r3z Name W" Q M?c?21 fJ LQZV_e; , a. Address'M!5 OLD V121GAT6630Q_b CD '6C4LC)l 0,? _t-9 0 City UiUyII tUC,T41J State K) C: Zip "ZP4-0 5- Day Phone 2 !?T& 4 6 Zy Fax c. Project name (if any) 4-A uol.?t NOTE: Permit will be issued in name of lodo*we s), and/or projed name. 2. LOCATION OF PROPOSED PROJECT a. County K) 6W t D ?C- Revised 03M b. Is the proposed activity maintenance of an existing project, new work, or both? 15CrrH C. Will the project be for public, private or commercial use? t9 M` &-c C d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 5TZINOINfJ /1"ao h4' 42M "V Loo. -ro RECEIVED DCM WILMINGTON. NC APR 0 6 2006 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract b. Size of individual tot(s) X 3 c. Approximate elevation of tract aboved?oor NWL 4. d. Soil type(s) and texture(s) of tract 0 e. Vegetation on tract u? f. Man-made features now on tract El-LS-n 067 pierz , FLo4Y Ljla e-,*_xvr L_u=T g. What is the CAMA Land Use Plan land classification of the site? (conrnlr the local knd use pion.) _1C &nservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? y- r- i. Is the proposed project consistent with the applicable zoning? _V- Yes No C4nua, zoning coon plien« -refiaare, l applieablcl Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. 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 on the site? _ Yes ?No Coastal (marsh) "Other If yes, has a delineation been conducted? (AuaA dommenwdon, ifavailable) m. Describe existing wastewater treatment facilities. L'46,6, 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.) QC g-_x o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to 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. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.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 must be sufficiently detailed to guide agency personnel unfamiliar-we ? area to the DCM WILMINGTON, NC APR 0 6 2006 Reybed 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater 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 i i-L b.t ??Tt i= Address 4-i 2?iY Phone 1-{T?i?li Name Address Ac:?& Phone 4 C' il'ai-?T?Y 1 r- Le F_?> t-b L)C- Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 4--Zop, L- o `7 f tfff© 67 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Ad (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. 6. CERTIFICATION AND PERM MION 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. This is the W day of , t9-,. Print Name I-A)KZ6*3 MW-0-C- C- TTZ4C E.? Signature tit tt• Landowner or Authorized Agent `F>0 rr"-Arv Wr40i Joc Please indicate attachments pertaining to your proposed projecL DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development -le-MM MP4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE Please sign and date each attachment in the space provided at the bottom of each form. RECEIVED DCM WILMINGTON. NC APR 0 6 2006 Revised 03145 Form D01-l04 c IS UCTURE ? 1 (Construction within Public Trust Areas) Attach this form to-Joint Application for CAMA Major _ Permit,` Form DC-M.-IMP-1. - Be sure to complete all other sections of the Joint Application. which relate to ' this proposed project. . a. Dock(s) and/or Pier(s) PIA (1) _ _ Commer `Communiry Private - - (2) -. Number .. (3) .`.. Length ' (4) Width (5 Finger Piers Yes No (i) Number Ci i) Len- (iii) Width (6) Plarform(s) Yes No (i) Numb . (ii) Length (ii) Width C Number of slips posed (8) Proximity of cture to adjacent riparian property fin (9) Width of w4te v (10) Wate. dep at watetr•ar I end of pier at MLW or Iv b. Boathouse (including ver3 lift) j?.? (1) ercie Private (2) Leng-.h (3) Width c. Groin (e.g. wood, ' .mile, etc.) (1) Number (2) Le:iT-b(s) d. Bre`kticater (e.gIdi- tle (2) Average NWL or wetlands (3) Ma;imum , N'WL or weda.nds e Mooring bu W IA (1) Co ercial -Community private (2) Numb e. (3) Descriptio of buoy .(Color, ' cription, size, anchor, etc.) . (4) Width of ater body (5) Distance buoy(s) to be placed beyond shorelin F. 'Moo (1) - 94- ring strucnir adi? mooring pilings, etc.) Commercial _Community - Private (2) Number l (3) Length ! 3' (4) Width 3 g. Other (Give cO=u:r des.-?prion) C? t.-/atZCe E C-?C l 5l tr?%G, I F? T, -10 1:t1#26AIAJ M.1? Cam` Applicant or Project Name Sipature Date RECEIVED = DCM WILMINGTON, NC A r' 0 6 2006 I 01SPO5 AL J?? 741r I / / ,r •? f? b < .?.?? ?? - a ., ?,. _ .: "' ? i •: .• .;.,•1 ° o H R941? ?r I i A ° I ANU, irk ; z;. ... •:;? / / ' " i"? .{' t :e' \?. X15 t,•? Ct• O i t?e?stt, 3 y (I l BM 7? L 'Y i Yl 1 fi Z` %r / iYV f f ? y r 4 J F WRI HTSVILLE 0 BEACH ? ? ~?. 11 "??};s:.f. ..•f '_ar. :. 1 ,r. ?\ ?'" ? 'jri j OOEY SITE LOCATION r o'l 27 j './ © 1. / • •%? r R ECEI `` , 1' r /^ ?o h ? t f t ?% / J??To m ? 11111! iV 7C 'I??l. APR 0 11 C, COAST -UARO r ... STATIO SCALE 1:240W 1 0 I MILE NN 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET GN .5 0 l KILOMETER 98 M115 _I.39` 29 NIL5 WRIGHTSVILLE BEACH, N_ C. N.C J N£/4 WILMINGTON IS QUADRANGLE t N3407.5-W7745/7-5 r,TN GRID AND 1979 MAGNET k: NDRTN I TION 197D OJADRAW.LE DECLINATION AT CEWMIt O, SME'E'T SITE LOCATION MAP LIFT RELOCATION FOR. SANDY McNEIL 410 WAYNICK BLVD. WRIGHTSVILLE BEACH, N.C. NEW HANOVER CO BY: DUNCAN MARINE CONTRACTORS 190 EASTWOM ROAD WILMINGTON, N.C. DRAIN BY: Wm. 14. WARREN. JR. JANUARY 30, 2006 SHEET I OF 'L. 44 0 N UO } 0 o co 3 BANKS CHANNEL FLOOD EB6 i?p 25' 5' 23' _ _ 'EXISTING _ PIERHEAD _ UNE ?0 0O 15 ;_ 1_5_-_i RIPARIAN - RIPARIAN I CORRIDOR I I CORRIDOR I I I ,,. I$ I --0 1 1 I I i I EXIST?VG p U 1 h 1 I 1 1 I I PILE I (8 i 2 9' a 1 1 ? 1 I 1 1 I I I WI :31 0:I of D I Z al a a a: 1 1 I I 1 I 1 1 I ip ( 1 I STEPS PROPERTY OF: WILLIAM PRESTAGE 412 WAYNICK BLVD. LAWN GRASS 20 10 0 20 SCALE IN FEET ELEVATIONS AND DEPTHS BASED ON LOW WATER = 0.0 ?y PIERHE OLD LOCATION NEW LOCATION F- Q O LL 0 Z Q J D ?z LLJ JI O 16166 I 1 1 i I IW I IJ 1 icr 0 S fi 10 1 IZ 1 la ix I Q I I I i 1 1 I 1 i I 1 I I 1 RETAINING WALL ELEV. +7.5 LAWN GRASS WOODEN FENCE 53' TOTAL WAYNICK BLVD. LIFT RELOCATION PLAN 0 N w w LL O Z w J a U O ? r O N +.+;II /I IN!r PROPERTY OF: MICHAEL BROWN L" " R n Q F 406 WAYNICK BLVD. LIFT RELOCATION FOR: SANDY McNEIL 410 WAYNICK BLVD. WRIGHTSVILLE BEACH, N.C. NEW HANOVER CO BY. DUNCAN MARINE CONTRACTORS 1908 EASTWOOD ROAD WILMINGTON, N.C. DRAWN BY: Wm. H. WARREN, JR. JANUARY 30, 2006 SHEET OF APRIL 12 ADDED WATERBODY WIDTH