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HomeMy WebLinkAbout20090786 Ver 1_CAMA Application_20090717?? 09 0786 CDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director etary MEMORANDUM: July 16, 2009 jUL 2003 ' DENR - WATERQUALI I-Y TO: Cyndi Karoly, Supervisor VV ET LANDS AND STCR!'WATi=R 131Rd.-V ,j 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Major Permit Application Review Applicant: Town of Topsail Beach (c/o: Charles Derrick) Project Location: 912 S. Anderson Blvd., adjacent to Banks Channel, in Topsail Beach, NC, Pender Co. Proposed Project: To replace existing municipal boat ramp in the existing footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 2009. If you have any questions regarding the proposed project contact Jon Giles (910) 796-7221, 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 400 Commerce Ave., Morehead City, NC 28557--3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Aaturally DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Topsail Beach 2. LOCATION OF PROJECT SITE: The project site is located at 912 S. Anderson Blvd., adjacent to Banks Channel, in Topsail Beach, Pender County. Photo Index - 2006: 25-6588: K-L(17) 2000: 25-324: M-N(8) 1995: 25-307: L-M(19) State Plane Coordinates - X: 2412951 Y: 226799 GPS File: P070813A Lat: 34°21'55.19710"N Long: 77°37'53.91560"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/08/09 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - Complete on 06/19/09 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Topsail Beach Classification From LUP - Developed (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - marina with 12 slips, boat ramp and commercial structure Planned - replacement of boat ramp (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (coastal) (B) Non-Vegetated Wetlands - open water 1 760 ft.2 (C) Other (Highground) 1 1 665 ft.z (D) Total Area Disturbed: 1425 ft.' (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to replace existing municipal boat ramp in the existing footprint. Town of Topsail Beach Page Two 9. PROJECT DESCRIPTION: The project site is located at 912 S. Anderson Blvd., adjacent to Banks Channel, in Topsail Beach, Pender County. To get to the site from Wilmington, take US Hwy 17 North to NC Hwy 210. Turn right onto NC Hwy 210 and continue to NC Hwy 50. Take a right onto NC Hwy 50. Travel across the swing bridge to the stoplight. Take a right onto NC Hwy 50. The project site will be just past the Topsail Beach Town Hall on the right. The property is located on NC Hwy 50 / S. Anderson Blvd. The property is approximately 30,000 ft.'. The current elevation of the property ranges from 0' above normal water level to approximately 4' above normal high water. The project site is adjacent to NC Hwy 50 to the east, residential property to the north, vacant property to the south, and Banks Channel to the west. There is currently a building on the lot, a retaining wall and a 12-slip docking facility with a boat ramp. The existing boat ramp measures approximately 19' in width and 75' in length. The highground portion of the property is an existing gravel parking lot. CAMA Major permit #74-04 issued to M. Randy Greene on May 17, 2004 authorizing the construction of a convenience store with fueling system and a commercial docking facility. The permit was transfer to DCW Island, LLC on March 14, 2005. A modification to the permit was issued on May5, 2005 to reduce the length of the pier. The permit was again transferred to the Town of Topsail Beach on November 28, 2006 and expired on December 31, 2007. The Topsail Beach Land Use Plan classifies the upland areas of this project as Developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated Banks Channel as a Primary Nursery Area, and the waters adjacent to the proposed project are closed to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to replace the existing boat ramp. The proposed boat ramp would measuring 19' in width by 75' in length. The water depths at the end of the proposed structure would be approximately -3' @ Normal Low Water. 10. ANTICIPATED IMPACTS The proposed dock would incorporate approximately 665 ft.' of highground and 760 ft.' of public trust waters. The boat ramp replacement would likely result in a temporary increase in turbidity. Submitted by: J. W. Giles Date: July 15, 2009 Office: Wilmington Attachment 6-A Bush Marina was constructed in the early 1960'S. Marina amenities at the time included a Boat Ramp, Parking, Fuel, Facilities for Marine Repairs and Sales. Bush Marina was sold to the Town of Topsail Beach in 2006, At which time the only amenities that were offered and are still offered are the Boat Ramp for launch and recovery of water craft, Parking and Boat Docks. The Boat Ramp that is in use at this time needs to be replaced. The end of the ramp over time has deteriorated to the point that now it is hard to launch or recover boats without backing trailers off the end of the ramp. This situation can cause damage to the trailers. The Town needs to remove the old Boat Ramp and replace it with a new concrete ramp. MWI UPLICATION ftr Maier Development Permit ? 9- 0 7 8 6 (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Topsail Beach Project Name (if applicable) Topsail Beach Bush marina Applicant 1: First Name Charles Derrick MI P. Last Name Derrick Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 820 South Anderson Blvd, PO Box City Topsail Beach State N.C. ZIP 28445 Country Pender Phone No. 910 - 328 - 3271 ext. FAX No. 910 - 328 - 5269 Street Address (if different from above) City State ZIP Email publicsenrices@topsailbeach.org 2. Agent/Contractor Information Business Name Town Of Topsail Beach Agent/ Contractor 1: First Name MI Last Name Charles P. Derrick Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 820 South Anderson Blvd. Topsail Beach N.C. ZIP Phone No. 1 Phone No. 2 28445 910 -328 - 327 1 ext. - - ext. FAX No. Contractor # 910 328 5269 Street Address (if different from above) City State ZIP Email publicservices@topsailbeach.org <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pender 912 South Anderson Blvd. HWY.50 Subdivision Name City State Zip N/A Topsail Beach N.C. 28445- Phone No. Lot No.(s) (ff many, attach additional page with list) 910 - 328 - 3271 ext. 4212, 36, 1628, 0000, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Topsail Soundl c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Atlantic Ocean e. Is proposed woitc within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 117 30,054 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 4ft. ®NHW or ?NWL e. Vegetation on tract Grass, Palm trees, various scrubs f. Man-made features and uses now on tract Boat Ramp, Boat Docks, Bulkhead, Vechicle Parking, one Building Property is being used for a public Boat Ramp. Building is being used for equipment storage g. Identify and describe the existing land uses a_diacent to the proposed project site. Adjacent property use is residental on the south side and residental on the north side h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? B2 (Attach zoning compliance certificate, if applicable) ®Yes ONo ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ?Yes ®No (it) Are there coastal wetlands on the site? ?Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Building is on septic system o. Describe existing drinking water supply source. Town water system p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ®Public/Govemment ?PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Project is to replace exsisting public boat ramp used to launch and recover water craft. Marina is maned during the season by employees of the Town. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Enclose boat ramp with temporary bulkhead, pump out water on ramp and remove ramp. Pour concrete for new boat ramp, remove Temporary bulkhead. Equipment used would be one 120 size trackhoe, one dump truck, two pick-up trucks. equipment will be stored on the marina property during construction of ramp d. List all development activities you propose. Construct temporary bulhead around boat ramp to aid in removal and construction of ramp. Replace exisiting boat ramp with new concrete ramp. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of exixting project f. What is the approximate total disturbed land area resulting from the proposed project? 1425 ®Sq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ?No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No exsisting or proposed dicharge to state waters i. Will wastewater or stormwater be discharged into a wetland? ?Yes ?No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA j. Is there any mitigation proposed? ?Yes ?No ®NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additfonal Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Charles W. Horton LLC Phone No. Address 186 Crystal Ridge Rd. Waynesboro VA. 22980 Name South Beach Yacht Club CIO Real Property Group Phone No. Address 51 Kilmayne Dr. Cary N.C. 27511 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. L Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. 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 the conditions and restrictions contained in the permit. 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. Date -June 3, 2009 Print Name -Charles Derrick Signature Please indicate application attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development DDCM MP-4 Structures information Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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 that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel NLW Canal Boat Basin Boat Ramp Rock Groin Rock (excluding ( or Breakwater shoreline NWL stabilization Length 75 Width 19 Avg. Existing Depth 4 NA NA Final Project Depth 4 NA NA 1. EXCAVATION ?This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. sand bottom c. (i) Does the area to be excavated include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ®SB ?WL ?None (ii) Describe the purpose of the excavation in these areas: Material will be excavated and moved within the area of construction to smooth base for a uniform depth of concrete for boat ramp High-ground excavation in cubic yards. 0 2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable a. Location of disposal area. b. Dimensions of disposal area. n/a n/a c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes ?No ?NA ?Yes ?No [DNA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of disposal in these areas: f. (i) Does the disposal include any area in the water? ?Yes ONo ?NA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ?This section not applicable (If development is a wood groin, use MP-4 - Structures) a. i ype of snoreune Stabilization: OBulkhead ?Riprap ?Breakwater/Sill ®Other: coffer damn c. Average distance waterward of NHW or NWL: 12.5' NLW e. Type of stabilization material: Existing Bulkhead plus temporary Coffer Damn surrouding Boat Ramp b. Length: 30 Width: 24 d. Maximum distance waterward of NHW or NWL: 25' NLW f. (i) Has there been shoreline erosion during preceding 12 months? ?Yes ®No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap sand Breakwater/Sill Other 0 i. Source of fill material. onsite 4. OTHER FILL ACTIVITIES ?This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ?Yes ONo ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CM. If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water number of square feet affected. (iii) Dimensions of fill area ?CW ?SAV ?SB (iv) Purpose of fill ?WL ®None (ii) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? work site area will be confined within the exsiting bulkheaded area track hoe and temporary coffer damn c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ?Yes ®No ?NA site? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 6/19/2009 Date Town of Topsail Beach / Charles Derrick Bush Marina Boat Ramp Applica 2f?-?- Project Name Applicant Signature U ?^ .v +S G 5 LX K (? O > .. 0 L1 '"i3 6? ?v s E' N O t7 ?r }t ?lJ ry 9;- L , 5 n r, i-.. C ?r Ud _ o L F_ I N Cl sr I 1 ?. ,.. -- VELYN ''' I I- CHANNEL'BLVD , , i I-- ... O I - ...-{ .: ,.._, .. '-_CHAW LBLVD BRIDGERS ? •-?-<? .? -.r CAROLINA BLVD' a " -u' x_ - J_`... _. y _; G7 •: I A •' ,'`o ':i -. O _.y CAROLINA BLVD _Om.. . 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