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HomeMy WebLinkAbout20050238 Ver 1_Complete File_20060203DEPARTMENT OF THE ARMY 1 WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division May 31, 2006 Action ID No. 200600510 and State Permit No. 59-06 William K. Normann 8536 Bald Eagle Lane Wilmington, North Carolina 28411 Dear Mr. Normann: Reference your application for a Department of the Army permit to construct a finger pier and floating dock to an existing private dock facility at 8536 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway, 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, y? 1 14 Henry icker, Project 4Manager Wilmington Regulatory Field Office Copies Furnished: 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 2 DWQ projects Subject: DWQ projects From: Joanne Steenhuis <Joanne.Steenhuis@ncmai1.net> Date: Mon, 20 Feb 2006 12:29:39 -0500 To: Doug Huggett <Doug.Huggett@ncmail.net>, Henry Wicker <Henry.M.Wicker.JR@saw02.usace.army.mil>, Ian McMillan <Ian.McMillan@ncmail.net>, Robb Mairs <Robb.Mairs@ncmail.net> The following projects do not require a 401 from DWQ: 1) Brian Parke New Hanover County DWQ # 06-0237 2)William K Normann Hew Hanover DWQ # 06-0238 1 of 1 2/20/2006 12:31 PM Q r4 @ A ??. FEB 1 3 2006 7MA NCDENR DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH 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 February 10, 2006 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: William K. Normann Project Location: 8536 Bald Eagle Lane, adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover County. Proposed Project: Applicant proposes to construct a finger pier and floating dock to an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 6, 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 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2 3. 4 APPLICANT'S NAME: William K. Normann LOCATION OF PROJECT SITE: 8536 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway and Middle Sound, in Wilmington, New Hanover County. Photo Index - 2000: 22-279, M, N-11 1995:22-262,M-12 1989: 4-175-13, T, U-10, 11 State Plane Coordinates - X: 2378889 Y:200550 INVESTIGATION TYPE: CAMA ROVER FILE # - 0-012416A INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/24/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received -2/6/06 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, OR (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Single Family Home, retaining wall, bulkhead, pier, finger pier, boatlifts and gazebo Planned - Finger pier and floating dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 8. HABITAT DESCRIPTION: [AREA] T)R FT)GF.) FIT .I ,F.I) OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non-Vegetated Wetlands (Open water) 167 sq. ft. (Inco orated) (C) Other (D) Total Area Disturbed: 167 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to construct a finger pier and floating dock to an existing private docking facility. William K. Normann Page 2 9. PROJECT DESCRIPTION: The project site is located at 8536 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway 17), turn onto Porter's Neck Road and travel east approximately 2 miles. At the stop sign, turn left onto Bald Eagle Lane and travel north approximately 0.3 miles. The property of interest would be located on the right at 8536 Bald Eagle Lane. The lot is approximately 1.75 acres and averages 20 feet above mean sea level. A 215 linear foot bulkhead stabilizes the shoreline. The applicant's property consists of a single- family residence and a high ground retaining wall. Waterward of the bulkhead is a private pier measuring 140' in length by 6' in width, which extends towards the AIWW in an easterly direction. The pier terminates into a gazebo measuring 16' in length by 16' in width. Located on the landward side of the gazebo is an existing 32' in length by 4' in width finger pier, which extends in a northerly direction from the northern side of the pier There are two (2) 13' in length by 13' in width boatlifts located on both sides of the finger pier. Upland vegetation consists of ornamental landscaping and hardwood species, primarily Oak Trees. Between the highground retaining wall and the bulkhead is and area of maintained lawn grass. There are currently no coastal wetlands present on the property or waterward of the existing bulkhead. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classified SA-ORW by the Division of Water Quality. The area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct a finger pier and floating dock to an existing private docking facility. A finger pier measuring 13' in length by 3' wide would be constructed on the southern side of the existing pier, which would extend in a southerly direction. An access ramp would then lead from this finger pier into a floating dock measuring 16' in length by 8' in width, which would extend perpendicularly towards the AIWW. The proposed floating dock would accommodate two (2) vessels and increase the docking space for this docking facility for up to four (4) vessels. 10. ANTICIPATED IMPACTS The proposed finger pier and floating dock construction would incorporate an additional 167 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area. Minor increases in turbidity should be expected during construction. The existing docking facility extends approximately 160 feet into a waterbody, which measures approximately 600 feet across. This existing distance conforms with the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the 80-foot setback from the AIWW. Submitted by: R. L. Mairs Date: 2/9/2006 Office: Wilmington William K. Normann Page 2 9. PROJECT DESCRIPTION: The project site is located at 8536 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway 17), turn onto Porter's Neck Road and travel east approximately 2 miles. At the stop sign, turn left onto Bald Eagle Lane and travel north approximately 0.3 miles. The property of interest would be located on the right at 8524 Bald Eagle Lane. The lot is approximately 1.75 acres and averages 20 feet above mean sea level. A 215 linear foot bulkhead stabilizes the shoreline. The applicant's property consists of a single- family residence and a high ground retaining wall. Waterward of the bulkhead is a private pier measuring 140' in length by 6' in width, which extends towards the AIWW in an easterly direction. The pier terminates into a gazebo measuring 16' in length by 16' in width. Located on the landward side of the gazebo of is an existing 32' in length by 4' in width finger pier, which extends in a northerly direction from the northern side of the pier There are two (2) 13' in length by 13' in width boatlifts located on both sides of the finger pier. Upland vegetation consists of ornamental landscaping and hardwood species, primarily Oak Trees. Between the highground retaining wall and the bulkhead is and area of lawn grasses. There are currently no coastal wetlands present on the property or waterward of the existing bulkhead. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classified SA-ORW by the Division of Water Quality. The area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct a finger pier and floating dock to an existing private docking facility. A finger pier measuring 13' in length by 3' wide would be constructed on the southern side of the existing pier extending in a southerly direction. An access ramp would then lead from this finger pier into a floating dock measuring 16' in length by 8' in width, which would extend perpendicularly towards the AIWW. The proposed floating dock would increase docking space for this docking facility for up to four (4) vessels. 10. ANTICIPATED IMPACTS The proposed finger pier and floating dock construction would incorporate an additional 167 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area. Minor increases in turbidity should be expected during construction. The existing docking facility extends approximately 160 feet into a waterbody, which measures approximately 600 feet across. This existing distance conforms with the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the 80-foot setback from the AIWW. Submitted by: R. L. Mairs Date: 2/9/2006 Office: Wilmington Form DCM-MP-1 APPLICATION = (To be completed by all applicants) b. City, town, mmunity or 1 mark 1. APPLICANT C. Street address or secondary road number a. Landowner: Name 6_)JIC,M .K nr,rm(-)nn Address g5? & IJCIYL I IcT? 17 1 I 1 State ??) G City Zip_Z434 ( Day Phone Fax b. Authorized Agent: n Name 1'' A& l ?C?11?FI? Address 57-7 C d. Is proposed work w'thin city limits or planning jurisdiction? Yes No e. Name of body of water Barest pro (e.g. river, creek, sound, bay) 1 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. City 4) State Zip Day Phone i" ) 1) nZ 9)05 b. Fax I Z -7d G 1 10 C. c. Project name (if any) NOTE. Perndt will be issued in name of lmidowmrfs), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County V P IN ?`?L? 1'? 0 UE' r' d. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excav tin and/or filling 'viti?.n ADO 6-1, 1 ). r Is the proposed activity maintenance o an existing project, new work, or both? eriL Will the project be for ublic, private or commercial use? 77?f 1 1/a --- - Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more sue, ace is needed, pl a attach' additional pages. i a 066 C?-- OA /T Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0'ri , , b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL 9 r d. Soil type(s) and texture(s) of tract LL-- ?tSS e. Vegetation on tract 44,0') f. Man-made features now on tract gadbwl 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 is the tract zoned by focal ggvernment? Re5?c?en 10 i. Is the proposed roject consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) j• Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes !/ No 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 -.L.-/No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach doc unentadon, if available) m. Describe existing wastewater treatment facilities. 7Ci1/? /rte 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.) 5v r?'G e e k-U o. Describe existing drinking water supply source. KP 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 12" 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 with the area to the Revised 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) hmdownes and signed retm n receipts as proof that mcb owners have received a copy of the application and plats by certified mail. Such landowners most be advised that they have 30 days in which to submit comnaeats 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 nr h°r5 Aec,k-- p6f) Ar- Address 1(c 30 to ,Cafaw{1iW1 1 a 3 Phone i oa?is? f? .2 ?G 3 79 Z Name WglgW Al y - Address 32- -? 4 • ZW// Phone ci/Q - &-/ Zy -? 7 C 4 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitter, and issuing dates. M-\ 44 +-,33y- - D • A check for $250 trade 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 Act (N.C.G.S. 113A -1 to 10) If the project involves the expenditure of public funds or use of public hux 1, attach a stmt documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this apNlication will allow only the development described in the application. The project will be subject to conditions and restrictions contained % 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 eons 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 e= 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. Z00 ?P This is the ?.? day of I -}9- Print Name C L` Signature / r?+?. ? .tom Please indicate attachments pertaining to your proposed PmjecL DCM MP -2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP4 Struct<treg Information w DCM MP -5 Bridges and Culverts DCM MP-6 Marina Development NOTE Pkase sign and dxe each attachment to the space provided at the bottom of each form. Q. A .A raw Form DCM-'v1P4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA -Major Permit, Form DCM-MP-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) ' (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width _ (5) Finger Piers Yes No (i) Number / (ii) Length (iii) Width 3 (6) Platform(s) Yes No (i) Number (ii) Length (iii) Width (7) Number of slips proposed ?T- (8) Proximity of structure to adjacent riparian property lines t-6) ` (9) Width of water body --- (evp' (10) Water depth at water-ward end of pier at MLW or N-WL l2 ' //z A/ b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width C. Groin (e. g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) LengtI (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e., Mooring buoys _ (1) - Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure h b (boa lift, moori g pilings etc.) (1) _ Commercial -Community private (2) Number (3) Length (4) Width g. Other (Give complete description) 1 Applicant or Project Name 1-2 Signature // Dlo Date Revised 03/95 Letter Of Intent To: NCDENR 01/17/06 Wilmington office From: Clements Marine Construction 577 NC Hwy 210 West Hampstead NC 28443 Gentlemen, We would like to add an eight foot by sixteen foot [ 8'x16] floating dock to the south side of the dock, and also a three foot wide by thirteen foot long finger deck with a sixteen foot ramp to the floater. The reason we are requesting this additions to the existing dock, is to aid in getting in and out of the boat, when coming and going out for the day. It will be a big safety issue put to rest if we are allowed to add this to our dock. Thank you for all your understanding in this matter and we will await your response. Regards, a /PW Map t r?w? ro 8536 Bald Eacile Lane i Page 1 of 1 Y n C? 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