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HomeMy WebLinkAbout20060890 Ver 1_COMPLETE FILE_20060602permits Subject: permits From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> Date: Wed, 07 Jun 2006 08:00:09 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Doug Huggett <Doug.Huggett@nemail.net>,'Jason Dail <Jason.Dail@ncmail.net>, Henry Wicker <Henry.M.Wicker.JR@saw02.usace.anny.mil>, "David L. Timpy" <David.L.Timpy@saw02.usace. army.mil> The following CAMA Express permits do NOT require a 401: 1) Robert Ratliff - 617 Sandfiddler Point - New Hanover - DWQ # 060851 2) Bar Harbor HOA/ Brian Rich - New Hanover DWQ # 060890 1 of 1 6/7/2006 8:01 AM Ex.p o(? -oBTD A r NC®ENR 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 EXPRESS PERMIT May 26, 2006 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection ?/' FROM: Jason Dail p o !_I?"I t= Express Permits Coordinator JUN 2 2006 SUBJECT: CAMA Permit Application Review il• {ki lV 1. it l? ?.?.ITY 1+!i;i11?4.;j4aU?jl _,:?„Ett,;;Uftf>r?GI1 Applicant: Bar Harbor HOA C/o Brian Rich Project Location: 6222 Riptide Drive, adjacent to Bradley Creek Proposed Project: The applicant proposes to remove the existing access pier and platform, and construct a new pier and platform within the established riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 19, 2006. If you have any questions regarding the proposed project, please contact Jason Dail 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 Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper; EXPRESS MAJOR DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bar Harbor HOA C/o Brian Rich 2. LOCATION OF PROJECT SITE: 6222 Riptide Drive, adjacent to Bradley Creek, New Hanover County. Photo Index - 2000: 23-289, 0-5 1995: 23-272, Q-13 1989: 4 174 4, C-9 State Plane Coordinates - X: 2352294 Y: 172005 3. INVESTIGATION TYPE: CAMA ROVER FILE # - V-021614A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/16/06 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - Completed 5/23/06 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (water area) and Resource Protection (upland area) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) . Intended Use: Private/Community (E) Wastewater Treatment: Existing - Municipal Planned - None (F) Type of Structures: Existing - Residential subdivision with amenities, pier and platform Planned - new pier and platform (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRF.DGFD FIT I'M CITNFR (A) Vegetated Wetlands 72 sq. ft. (shaded) (B) Non-Vegetated Wetlands Incorporated (Open water) 545 s q. ft. (C) Other (D) Total Area Disturbed: 617 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to remove the existing access pier and platform, and construct a new pier and platform within the established riparian corridor. Bar Harbor, HOA Page 2 9. PROJECT DESCRIPTION: The applicant has requested that the subject CAMA Major Permit Application be processed under the Express Review Permitting Program. The project site is located at 6222 Riptide Drive, adjacent to Bradley Creek, in Wilmington, New Hanover County. The lot is approximately 0.45 acre with roughly 100' of shoreline frontage. The lot averages 4'-8'above mean sea level. The property's shoreline is stabilized by bulkhead. The subject property is located within the Bar Harbor Subdivision and is part of the Bar Harbor Homeowners Association (HOA). The property, in general, is currently developed (residences, infrastructure, etc.) and vegetation consists of lawn grasses and landscape shrubs. It should be noted that several individual waterfront property owners within the HOA maintain private docking facilities on their property, however, the reconstruction being proposed through this permit application does not increase the total number of slips for the general HOA. A section of coastal marsh exists along the southern shoreline (approximately 85' long by 20-30' wide) and consists primarily of Smooth Cordgrass Marsh (Spartina alterniflora) intermixed with Black Needle Rush (Juncus roemarianus). Avery thin stand of upper coastal wetlands species such as Salt Grass (Distichlis spicata), interspersed with Sea Lavender (Linioiuni carolinanum), Salt Meadow Hay (Spartina patens) and Sea Ox-eye (Borrichia frutescens) complete the transitional area to the high ground. The 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 Bradley Creek, in the vicinity of the project site, are classified SC by the N.C. Division of Water Quality. The waters are designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries. According to maps provided by the Division of Environmental Health, Shellfish Sanitation Section, the waters adjacent to the project site are CLOSED to the harvest of shellfish. PROPOSED PROTECT The applicant has applied for the construction of a new pier, however he has indicated that he may only replace the deck boards associated with the structure to prevent him from having to remove the pilings, which appear to be in good condition. If new pilings are set and a new pier is constructed, it would be located within the same footprint as the existing pier. The only difference being the location of the seating area, which would be located approximately 8' landward of its existing location. As previously mentioned, the applicant proposes to use, or remove, the existing pier and platform. Redevelopment would include the construction of a new 6' x 57' access pier and 5' x 65' elevated platform. The new pier would span in a southerly direction and terminate approximately 56' from the existing concrete pad (located landward of the bulkhead). Two, 2' x 10' benches would be constructed at the terminal end of the access pier (one on each side). The pier would provide access to a 5' x 65' platform, which would run parallel to the shoreline. A flight of steps (6' x 6') would be constructed on the eastern end of the platform, providing access to the water. As proposed, the entire structure would be located landward of the Mean Low Water (MLW) line and outside of the poorly defined channel. Bar Harbor, HOA Page 3 As proposed, the structure would be located outside of the 15' area of riparian access from the adjacent property owner to the west. The adjacent riparian property owner to the east (N.C. Dept. of Transportation) has waived the 15' riparian setback and the applicant has proposed to encroach to within 5' of the line of riparian access. 10. ANTICIPATED IMPACTS The proposed pier, seating area and platform would incorporate approximately 545 sq. ft. of estuarine waters and public trust area. Minor increases in turbidity can be expected during construction, however no long impacts are anticipated. By relocating the existing platform (or moving it out of the channel), the applicant would eliminate any navigation hazards to any passing vessels. Submitted by: J.Dail Date: 5/25/06 Office: Wilmington Form DCM-MP-1 APrPLffU"ATa0N (To be completed by all applicants) b. City, town community or landmark 1. APPLICANT ?c a. Landowner: C'_/G -)"'C'".) Name t • ? ? ? c<:- h t; - l Address - - t ?' i ' city State Zip Day Phone w 23 ?ii 00 Fax b. Authorized Agent: Name Address 0 city 6J ; l/-t-; - State AJ. C _ c. Street address or Z,?dajroad number C.2z Z ? d. Is proposed work within city limits or planning jurisdiction? (,/ Yes No e. Name of body of water nearest project (e.g, r'ver, creek, sound, bay) f ? .rd PU I ( e ?c 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavatign and/or filling activities. Zip d- ? - 0 _5 Day Phone '2- SG - -ij 3S Fax 9/0-- 2 -5 6- G 3: :2- c. Project name (if any) NOTE. Ptr7rdt will be issued in name of landowner(s), and/or project name, 2. LOCATION OF PROPOSED PROJECT a. County P, LIE Id- 0WL; Revised 031% JUN 2 2_.005 b. Is the proposed activity maintenance of an existing project, new work, or both? b o`14' C. Will the project be for public, private or commercial use? I ?l? C_ 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. 4 c' r - ( r d SON M N? ,0 UALi1-Y =J rii"3?1 °,iirt ?"'v"CH Form DCM-NIP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract . q? GLrtA b. Size of individual lot(s) • y5 hGre S c. Approximate elevation of tract above MHW or NWL t d. Soil type(s) and texture(s) of tract e. Vegeta 'on on tract f. Man-made features now on tract Iin(! e, s r ( F. g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed ? Community Rural Other h. How i the tr ct ned b local government? ?P5iCe'... lia 7 i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) j. 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 _ I Z No 1. Are there wetlands on the site? Yes _ No Coastal (marsh) ? Other If yes, has a delineation been conducted? (Artad, doaunentation, if available) Revised 03195 m. Describe existing wastewater treatment facilities. C 1, ? l•, . 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.) o. Describe existing drinking water supply source. ! U v ?.? rti i r .? 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 tide 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 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 unfamilj dl area to the -? ? ??? 11 v??J 11 ? 1 1 i 1 N V `? 1411 aN ? EMENT u!? ?,A Form DCM-NIP-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 or 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 2 r Address 4 2Z r i &J, I in G;R03 Phone 910 1 SG 6 Yd / Name Address Phone Name Address Phone f/, Y14cInofew- 0 07- "_ 3 //3 idcr% ,l'eri v . - 41,1,n NG 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. s K I further certify that the information provided in this application is truthful to the best of my knowledge. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 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 sighed AEC hazard notice for projects in oceanfront and inlet areas. O A statement of compliance with the N.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. Revised 03/45 This is the l `7 day of 7) r ,?10_-. Print Name Signature - ?! r o Authorized Agm Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development !DCM MP-4 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. MAY 2 3 2006 DIVISION OF COASTAL MANAGEMENT Form DCNI-MP-l SITIRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-bLp-1. Be sure to campie:e all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commerci I f' ?Co=uairq _ Private (2) Number lZ (=) Width r (5) Finger Pie Yev' X No (i) Number (ii) Leni--.h f, (111) atn /U1/-/ (6) PIat,crrn(s) Yes X No (i) Nutrba (ii) Lea_i?. r? %r (iii) Width (7) Number of siics prop-os"t? (? g (Fl Prozi.-,irv of suuC--ure to adia??ot r.ou (9) Wide cf w;rer bodv 3 U ?; ' dam (10) Waver depth a: w•at_:-.:a:d en r- c7 pier at MLk* or N"?, C7 b. 'Eca:.hcus diL_ coverw Ii;s) •L r.lv Gt ., (2) WidtY V Groin (e.g. w'aOd,e Ile, etc.) (!) Numbe. (2) L2=.h(s) P d. Ere.:k•»zte: (e wcxe h^,?ii? e;;.) (I) Lead.:: (2) Avera--2 N-WL or we: a:'L jJ (2) Maximum distazce b-yon hiHW, N'rVL or wztlz:.ds /J rr Nfoorin2 buoys (1) _ Commercial _Corm unity Private (2) Number ) II - (.i) Description of buoy (Color, inscription, size, znchor, e:c.) 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