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HomeMy WebLinkAbout19890089 Ver 1_Complete File_19890101 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments cone//er nYng an application for State Federal CAMA Permit(s) from C??t'/,jf%2r -/0 %r!7 IT a _44,6111-41, /'II-14 , p' ?- ?-?- t ?EctJ Cvrl JL'?4 G?? A. PERMIT: This office cannot comment on this project until after the close of the Section 40,11 Certification Public Comments Period. Phis office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. - That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after . The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. No. 1273 issued on November 10 F) 1983, for No 1665 Rip-Rap Placement. i d , . ssue on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal areas. construction. WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT DIVISION OF ENVIRONMENTAL MANAGEI4ENT MEMORANDUM Date: To: From: Through: Subject: September 11, 1989 Bill Mills Planning Branch - Fp Igaq d' U? 1 ` • v Tc:i r 7 James H. Gregson j{-tt9-- UeWil, Wilmington R gional ff'c Donald Safr't ?,- Wilmington Regional Wfe Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8908-F Christian K. Edwards New Hanover County PROJECT DESCRIPTION: The applicant proposes to construct 2 service dock systems, a travel lift, a storage building and maintenance dredging of the existing basin. ADJACENT WATER BODY: Carolina Beach Yacht Basin CLASSIFICATION: SB STATUS: Closed The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will require a 401 Water Quality Certification. 2. The project complies with the General 401 Water Quality Certification No. 1272 for the discharge of liquid effluent from a diked disposal area resulting from hydraulic dredging. 3. The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction are to exceed 25 NTU. This office has no objection to the project as proposed. JHG:8908-F.SEP cc: DCM - Marc Botbol Jim Gregson WiRO, CF MEMORANDUM DIVISION OF ENVIRONMENTAL MANAGEMENT Date: September 11, 1989 To: Bill Mills Planning Branch From: James H. Gregsonf06p Wilmington R gional ff'c Through: Donald Safr't ?m- Wilmington Regional.Wf-e Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8908-F Christian K. Edwards New Hanover County PROJECT DESCRIPTION: The applicant proposes to construct 2 service dock systems, a travel lift, a storage building and maintenance dredging of the existing basin. ADJACENT WATER BODY: Carolina Beach Yacht Basin CLASSIFICATION: SB STATUS: Closed The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will require a 401 Water Quality Certification. 2. The project complies with the General 401 Water Quality Certification No. 1272 for the discharge of liquid effluent from a diked disposal area resulting from hydraulic dredging. 3. The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction are to exceed 25 NTU. This office has no objection to the project as proposed. JHG:8908-F.SEP cc: DCM - Marc Botbol Jim Gregson WiRO, CF DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Christian K. Edwards L. Location of project site West side of Carolina Beach Yac}lt Basin New Hanover County - New Photo 17-212 Grid N-0, 14 3. 4. 5. 6. Investigation type: Dredge & Fill X CAMA X Investigative procedure: (A) Dates of site visit 8/4/89 8/10/89' (B) Was applicant present Yes Yes Processing procedure: Application received 8/2/89 Office WiRO Site description: (A) Local Land Use Plan Carolina Beach Land Classification from LUP Developed Development constraints identified in LUP None for projects of this nature. (B) AEC(s) involved: Ocean Hazard Estuarine Shoreline X Coastal Wetlands Public Trust Waters X Estuarine Waters X Other 7. (C) Water dependent: Yes No Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing Septic tank Planned Tie into Carolina Beach Municipal System (F) Type of structures: Existing Bulkhead, Office, Concrete Pad Planned Travel Lift, Docking System, Storage Buildine (G) Estimated annual rate of erosion - Source - Habitat description: AREA Dredged Filled Other (A) Vegetated wetlands: N/A (B) Non-vegetated wetlands: Open Water (Basin) 2300 cu yards (C) Other: X 3858 so ft. (D) Total Area Disturbed: 2300 cu yards 3858 sq ft. 8. Project Summary The applicant proposes to construct 2 service dock systems, a travel lift, a storage building and maintenance dredging of the basin area Christian K. Edwards Page two 9. PROJECT D:;SC.ZI1'7-1ON 10 The project site is located on the west bank of the Carolina Beach yacht basin at the junction with Snow's Cut, New Hanover County. There was a former permit issued for the site which allows the construction of approximately 30 slips, a 210' bulkhead, a 390' floating dock, a travel lift and the dredging of the basin area measuring approximately 400' x 210'. This permit was issued to Yacht Heaven Marina Inc. an ajoining marina, and was to address both/properties in one permit entity. Since issuance of the permit, the partnership was dissolved and Yacht Heaven Marina Inc. did not exercise the option on this particular property. Mr. Christian K. Edwards, the former partner has now exercised the option to purchase and develop the property into a service marina. This action has prompted Yacht Heaven Marina Inc. to object strongly (see attached letter) to the project. The waters in the project area has been downgraded since issuance of the permit from SA to SB, secondary nursery and are closed to the taking of shellfish. The average water depths in the basin area ranges between -8 mlw to -12' mlw. The highground features include a framed building, and a concrete slab. The tract of land is approximately 1.74 acres and is mostly pervious with little vegetation. The applicant proposes to develop the tract into a service marina to include on the waterfront a 355'x6' floating service dock to be located at the north end, a 288'x6' floating dock on the south end, and a travel lift located on the north end with rails measuring approximately 70' long and 20' apart. Also proposed is the maintenance dredging of the basin area to include the excavation of approximately 2300 cubic yards of sand/mud material. The spoil will be confined on high ground in a designated diked area that measures approximately 175'x80x8, with a spillway pipe extending below the m.l.w. The high ground development will consist of the construction of a storage building measuring approximately 60x20x12 to be located at the center of the property (see attached plot). ANTICIPATED IMPACTS The docks as proposed will cover an area of water approximately 3858 square feet. Current regulations allows for 27 square feet of dock space for each linear foot of shoreline. The 210' of shoreline is adequate to satisfy that regulation. This project is a scale down of what was first permitted under permit #126-87 issued on July 1, 1989. However this application is being contested by Yacht Heaven Marina Inc. and their attorney. No long term negative impact is expected as a result of this project. submitted by: Marc Botbol Date: August 14, 1989 Office: Wilmington Please type or print. Carefully describe all anticipated developmment activitics, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 st be complete,: for all protects. 1 Applicant a. Name Address j/'1-030 .5 City G? ?i/Iy)1 rxl AW State f /?- Zip 2--C3 Day phone &710C ILandowner or Authorized aecnt b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. ? ILI 2 Location of Proposed Project a. Street address or secondary road number Ei?d- t--),c ?5fi;?Corte f?-arlo"y IT_ b. City, lowri, communty, or landmark old ykr x c. County /? l l J zf i? 0 tle'tl- d. Is proposed work within city limits or planning jurisdiction? c. Name of body of water nearest roje t i4le- 411)&1e_ 6L7&,- 1q7Yt4t1& F44-vctcogsi%l-L /lAl,wi74 3 Description and Planned Use of Proposed Project a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). _ f=Lvr ?? J!26? IL, ?L If you plan to build a marina, also complete and- attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing pro cct, new work, or both? c. Will the project be for community, private, or commercial ql e?. d. Describe the plammed use of ttmc_projc?t 4 Land and Water Characteristics a. Size of entire tract i -,7q l,- b. Size of individual lot(s) c. Elevation of tract above mean sea level or National Geodetic Vertical Datum r ? . d. Soil type(s) and texture(s) of tract l?v? 5 f?-/1 n e. Vegetation on tract (I a1' ee i ` f. an-made, features now on/tract ?( ?. 61ilettt? ?G???t}l?? g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? X4 / i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? 26 If so, by whom? am- JUL 25 1989 OFFICE OF COASTAL MANAGEMENT Una MKIrrnN orrioNOi nuiu 5 Upland Development Complete this section if the project includes any land development. a. Type and number of buildim s, facilities,I or 1 structures pF0pOscd :5' (_' << ;C. (,?%/i b. Number of lots or parcels JM- c. Density (Give the number of residential units and the units per acre.)__ ,"114 - ?v 2?1 Mei J! 1L ???3_lcago ntPIOF-8F GD?aT "rAfifi ,iENI in. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach acces(swa) s or provide new access. d. Size of area to be graded or disturbed o. - i) r1)( v lir'• e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pa ement, buildings, rooftops. 13 ° ? 7_ ;c?LTI g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. rY1Rt'?, e O,, 7 fiZ, 7'?-, h. If applicable, has a stormwater management plan been submitted to the ivision of Environmental Management? A,ITI i. Describe proposed sewage disposal and/or waste . water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. If the project is on the oceanfront, what will be the ?ea level of the first habitable elevation above m04 floor? 6 Excavation And Fill Information a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length .Width Depth J?lq- i`? i J ??- /_-( . b. Amount of material to be excavated from below water level in cubic yards UOa c. Type of material ?v d. Does die area to be excavated include marshland, swamps, or other wetlands? 1, Describe location and type of discharges to waters of V-C) the state (for example, surface runoff, sanitary e. High ground excavation, in cubi yards wastewater, indu trial/commercial effluent, "wash /V P down"). T? f. Dimensions of spoil disposal area ; ?A-' Y I/fI n ; g. Location of spoil disposal area oozy yr6r>"' a Do you claim title to the disposal area'? If If not, attach a letter granting permission fr m the owner. Will a disposal area b available for future maintenance? e_5 If so, where? f') ') )l? Does the disposal area include any marsliland, swamps, or water areas? _ r k. Will the fill material be pl?ccd below mean high water? /_ LI 1. Amount of fill in cubic yards 61A m. Type of fill material Al/A n. Source of fill material o. Will fill material be placed on, arch or other wetlands? 0 p. Dimensions of the wetland to?)c filled I- A, q. How will excavated or fill material be kept on site and erosion controlled? L. r. What type of construction equipment will be used (for example, raglbackho , o hydraulic f dredge)? '1'V }?i?i{?t ?IC'(71L s. Will wetlands be ?rosscd in transporting equipment to project site? /-10 If yes, explain steps that will be taken to lessen environmental impacts. 7 Shoreline Stabilization it. Length of bulkhead or riprap 7?/p b. Average distance water-ward of mean high water or normal water level c. Shoreline erosion during preceding 12 montltie, in feet ?4IIk1 ,w?N d. 'T'ype of bulkhead Material 1,{;,') "O e. Amount of fill, in cubic yards to be placed below mean high water 1??f -7' f. Type of fill material _ ???14= 8 Additional Information In addition to the completed application form, the follo%-,- ing 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 property. 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 work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an S 1/2 x 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 16 N -h 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 site. Include county road (SR) numbers, landmarks, and the like. A storinwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the ad- jacent waterfront (riparian) landowners. These in- dividuals have 30 days in wNch to submit comments on the propoSCd.f)roject to the Division of Coastal Manage- ment and $hot ;?,J?yftl? p licant of that op- portunity. ?UV JUL 25 1089 OFFICE OF COASTAL MANAOGMINI WILMINGTON REGIONAL M14 Name f b4 b o ('L0) Address Name Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pe latee, and issuin dates. f A chuck for $100 made payable to the Department of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 Certification and Permission to Enter on Land Any permit issued in response to this application will allow only the 6evelopment described in the application. 'T'ile project will be subject to conditions and restriction:, contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 ttvs permit application and follow-up monitoring of project. This is the . day of 19 X La? o?inc?o -A onze 'cnt i JUL 25 1989 OFFICE OF COASTAL MANAGEMENT WILMINGTON REGIONAL OFFICE Form DCM-MP-2 y3i ADEVEIAttach this form to Joint Application for CAMA Major Permit. Be sure to complete all other sections of the Joint Application which relate to this proposed project, including upland areas, even if duplicative. All shore- based facilities must be included in application and work plats. 1 MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial I/ Public Residential b. Will the marina be open to the general public? C-7 :5 C. If there is residential development associated with the marina, how m y units or lots are planned? d. Chec all of the types of service to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies Dockage ("wet slips") only Number of slips D Q Dry storage Number of boats O 0 Boat ramp(s) Other (describ9 C. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin i/ and/or channel Open water, no dredging required Other (describe) „ Tta ? yx? T JUL 25 1989 OFFICE OF COASTAL !0,0AGWEN` WILMINGTON REGIONAL OFFICE Describe the typical boats to be served (for example, open runabout, chart r boats, sail boats, mixed - types). W.I. g. Typical boat length 3-0 .r Maximum boat length `75 Are any floating buildings planned? A If so, describe. 2 MARINA OPERATIONS Check each of the following sanitary facilities which will be included in the proposed project. ? Office toilets Toilets for patrons Number t Location ?i FI'U I& Showers Boat holding tank pumpout Type and location Describe treatment type and location for all sanitary wastewater. rX l5i 1' 5 C,i? f i L, C. Describe solid aste, fish offal, and trash disposal. j r cc 5 j ??iYx? l?'c lz'I y??G u 73nnbN? rs v c^ i v S ? ~ v \5'1-7 ?? - Q. -.. c NAT U 3 rj " 1 v - a , O i I- i t) 4 ? L 0 r \ J \ In W I pl? \ .A 1 \ ?? \ N ?'• ? 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Q c? ? y G' d s i- 1 T• L'J t'.L Lu c> lzc - - ?J I lli U ?J I I j i T?c? r ? 100 Spencer i-arlow Drive o ar'olina Beach, N,C. 28426 (800) 458-2384 (019) 458-5960 July 08, 3959 Fax (919) 4-48-63,19 Coastal Yacht Service 2030 East?'Ood r',oad S'iite lVilMling-ton, INC. 28403 Subject : L,r yls Property Dear Sirs: I all, in receipt of yotu' letter ?;>hich pz operty states 7 a xire7;be: that ou , ?'c pLl.'Ch'a --il -? Lion; ?;nd questions: - - l) Yotu' plan trk:t Yo'? s?,?xri ttt?-? t? v h the c?istin'8 D, achir Brokers Inc is not consiste,?t plan unuld inter f a ` Czmit nc'3? head b er with the existing by Yacht Brokers Inc. 1'(, 1 asld would impact atzr c perrdt Auld basin, as urrent mooring of boats. it is today, 2) Your plan does not conform to the conditional use Yacht Brokers 111c. on the .Lewis pr operty, ??rmit existing by a) 1Yater and sewer is not discussed, b) Fire protection is not discussed. C) Spoils area is not sufficient, d) As You lmow Most of the z a Spoil and d Lewis property has been used in the past a,s a oil and lifu? n suchit secros that you would noc be able to move the ground. surface without first stabilizing `=) if this is a service o waste oil and debris, pe.ration, you have not discussed run off of -T'uof this ro rther, You have not discussed the de?vatering Oft ,rp posed spoil area. As you know the water table on the I .perty is about 4' and a spoil are Of water on this site and then run a would only mean propert off could impact Yacht BrokerssnTnc. Y You should have a storm drain systc-P installed prior '"d during any such under takings, to tile believe this plan you have sub?jlitte-•d is no rnoz e I ccnmin_ty, ti-1n a nusiance 3) Your letter indicates mould ask, i Coastal that Coastal Yacht service i5 the sue, and if so I tal tht Se:r c? and Coastal "'.t-trya?l Yacht Sal scInc, thel 3'CiU.I' (1 41."'Yt t0 SeCU2'e a service facility C AMA permit is no more than an attanpt to as?_ for r? lesser p@1TTdt to be used for a amore ribid Ck.".1A application. DDes C.o«stal Yacht Service have a right to do business in :worth Carolina? ~') Sorge of the questions I have are as follows; 1) M)at is a. service docl?? Iffiat is a floating service dock? 3) will this service dock be FOR SALE? 4) Will this floating dock be FOH SAUE? 5) How does a person acquire a floating; dock? 6) Hoer will parking be provided? 7) Will you rent floating; service docks to others? 8) If you sell these docks, can they resell the same? 9) How will utility service be provided to the service docks? 10) Who will operate the service dock on a day to day basis? 11) Will there be any other facilities at the service docks? 12) Cffiat is Coastal Yacht Service? 13) V)That is the time fratne? 14) How am I assured these service docks will be effectively operated as a first class service facility? 15) How will I be assured that this sen ice facility will be mintained and operated first class? 16) 1'rhat are the terms of the purchase of the Lewis property? 17) Will the service facility coll£-?ct slip fees operating and rrantaininr these p ees to defray the ?ti t of 18) ??i11 these doc:l s i„ ? docks? be insp&cted by' a firm with ' ez;ertis <e in tr. ;:marina industry? 19) Frill these docks be des.iEmed by an engineering fi -,? in the niaxina industry? rtn with c .?,?rtise 5) The most important issue is one of environrr-ntal assessrrrent. It. has been noted and observed that the rs?tt,ds property for years has been a site of dumping and misuse of everything fr(urr boat trotors to underground fuel tanks. I believe that there is a need to determine and docunent the presence of hazardous constituents in the soil and ground water from the uncontinued aquifer. I feel there may be an endangerment to the public health and welfare or the environmentbduetoal the release and/or threatened release of hazardous substances fro:, the Lewis property. The objective of ground water investigation is to define environmental problems which may exist as a result of activities in the past. The fact that the Lewis property is an old boat yard site, it is possible that in addressing contamination on the fillets areas, additional hazardous constituents could be fonted. The degree of the aquifer and soils will need to be establishedGZ Itvshouldcbean up pointed out that the rtTnedy of contaminated aquifers can take mrjnths or year's to achieve, depending on the aquifer restoration criteria. Yacht Brokers Inc, 1V) 3ar114y faoo, Gr,ra a Carolina OWCh. 11 C. Z6426 e?wr........,« ?,2_o a ?rese 6) ?-catse of ed the ? nce of fuel pc rtY and the obsez?T fuc,., ,, and oil tams that should be ?? fi??i1 oil spills on tivere on the ii.dat Y-)oint tes? conducted i the property «ast0 material, ,? or clan. there bin pushed o?? a.Y ri=teri<? F si.f'icatians of sYiould be z, over the bulgy-?je 1 or r sera, the site r>ed off site, Pushed against tiro bull?l1?ad?'`ave In c:)nclrj sipn, z j,.oald and stud' done say that that r need, tills site ?hlpriar to the issuing Of wto be a lot of invest ti lon is lm , property has bee. C: ,tA pc,, r,it or a t 5 to ?ntinUe V:?ou1d be 'abused for yep z s and i1y pezmi t on nnanent environmental a iota! to ages ?jpact, disregard for ?-bbe?t that For all re future and oppose thls a PZz?tlpnnd others unans?, erod question, z tivill be available to help Sufic, r ,. l? A. J. aulsg er, Jr. ?'res ?cien, I would strongly locate and show you photos of under gz•olmd pxobleryls, cc: blr.. Marc Botbo.l, COMA Rountree & Seaga,! Attorney at haw Yacht Br 44.pMN F? I okers inc,