HomeMy WebLinkAbout20090804 Ver 1_CAMA Application_20090723474*1A 4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
July 16, 2009 `? L 1
MEMORANDUM:
JUL _9 3 X009
TO: Cyndi Karoly, Supervisor DENR - WATER QUALITY
401 Oversight & Express Permits Unit WETLANDS ANDSTORMW TER9W,#4CH
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: Dennis Anderson
Project Location: 510 N. Channel Dr., adjacent to Banks Channel & Middle Sound, in
Wrightsville Beach, NC, New Hanover Co.
Proposed Project: To fill Coastal Wetlands and construct a new vinyl bulkhead 8.5'
waterward of an existing wooden bulkhead
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 Holley Snider (910) 796-7423, 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
400 Commerce Ave., Morehead City, NC 28557--3421
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmana.gement.net
An Equal Opportunity ? Affirmative Action Employer
DATE
North Cca ofina
;Vaturally
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Dennis Anderson
2. LOCATION OF PROJECT SITE: 510 North Channel Drive, adjacent to Banks Channel and Middle Sound, in
Wrightsville Beach, New Hanover County.
Photo Index - 2006: 24-7412 P-22 2000:24-307 1-2,3 1995: 24-288 L,M-4
State Plane Coordinates - X: 2 363 939.325 Y: 171 461.004
Latitude: 34°12'54.12633" N Longitude: 77°47"46.53288" W
3. INVESTIGATION TYPE: CAMA/D & F ROVER FILE # - O- 042910A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/29/09
Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - 7/14/09 (complete)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Wrightsville Beach
Land Classification From LUP - Residential/ Developed
(B) AEC(s) Involved: CW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal
Planned - N/A
(F) Type of Structures: Existing - Single family residence, private pier system and bulkhead
Planned - New bulkhead
7
HABITAT DESCRIPTION:
[AREA]
DREDGED FTT,LED OTNF.R
8
(A) Vegetated Wetlands (High Marsh) 315 sq. ft.
(B) Non-Vegetated Wetlands
(Open water)
(C) Other (Highground) 500 sq.ft.
disturbed
(D) Total Area Disturbed: 500 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
PROJECT SUMMARY: The applicant proposes to fill Coastal Wetlands and construct a new vinyl bulkhead
8.5 feet waterward of an existing wooden bulkhead.
Dennis Anderson
9. PROJECT DESCRIPTION:
The project site is located at 510 North Channel Drive in Wrightsville Beach, adjacent to Banks Channel and
Middle Sound, in New Hanover County. To locate the project site from Market Street (US 17) travel east from
Military Cut-Off Road approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue after
the stop light heading east on Causeway Drive (NC Highway 76 East). Just before crossing the Banks Channel
Bridge, turn left onto North Channel Drive. The project site will be located approximately 0.4 miles on the right
hand side The applicant's highground development includes a two story single-family residence, which borders
Banks Channel. Upland vegetation consists of ornamental shrubbery and lawn grass. The lot is approximately
0.08 acre in size and averages 6 to 10 feet above mean sea level. The 37 feet of shoreline frontage is stabilized by
an existing wooden bulkhead located above Normal High Water (NHW). According to the Town of Wrightsville
Beach's permit records and submitted surveys, an aging sloping concrete gabion existed on the project site until
2004 when it was replaced with a wooden bulkhead. No CAMA permit was issued for the replacement wooden
bulkhead in its current alignment. The existing bulkhead is in alignment with the existing bulkheads on the lots to
the north and south. Located waterward of the existing bulkhead is a narrow area, approximately 10-12 feet in
width, of mixed vegetation consisting of coastal wetland species and high ground species, which include marsh
elder (Iva frutescens), sea ox-eye (Borrichia frutescens), seaside goldenrod (Solidago sempervirens) and salt
meadow cordgrass (Spartina patens). Normal High Water is located approximately 15 feet waterward of the
existing bulkhead. Waterward of NHW the vegetation transitions to low marsh vegetation measuring
approximately 30 feet wide, consisting primarily of Smooth Cordgrass (Spartina alternaflora), sea lavender
(Limonium carolinianum), and glasswort (Salicornia spp.). Extending waterward of the existing bulkhead is a
private docking facility, consisting of an access pier, covered platform, floating dock and boatlift. This docking
facility provides dockage for two (2) vessels.
The New Hanover County Land Use Plan classifies adjacent waters and high ground area of project site as
Conservation. The waters of Banks Channel and Middle Sound are classified #SB by the Division of Water
Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries
and they are CLOSED to the harvest of shellfish.
10. PROPOSED PROJECT:
The applicant proposes to fill Coastal Wetlands and construct a new vinyl bulkhead approximately 8.5 feet
waterward of the existing wooden bulkhead. The application states that a new vinyl bulkhead (approximately 37
feet in length) would be constructed using a vibratory hammer to minimize disturbance and reduce sedimentation
and turbidity into the marsh. The applicant also proposes to construct two 8.5 feet long wingwalls that would tie
into the existing wooden bulkhead on site.
11. ANTICIPATED IMPACTS:
The proposed new bulkhead would result in the filling of approximately 315 sq. ft. of Coastal Wetlands, vegetated
primarily with Salt Meadow Grass (Spartina patens). The project would result in the disturbance of
approximately 500 sq. ft. of Estuarine Shoreline AEC as a result of the bulkhead back fill and installation of the
tie-back/anchor system. Minor increases in turbidity should be expected during construction.
Submitted by: Holley Snider Date: 7/16/09 Office: Wilmington
Anderson Bulkhead Project
CAMA Major Development Permit Application
Wrightsville Beach, New Hanover County, North Carolina
ECS Project 22-14857
May 13, 2009
1.0 PROJECT NARRATIVE
1.1 Development History and Project Site Description:
The subject property is located at the 510 North Channel Drive in the Town of Wrightsville
Beach, New Hanover County, North Carolina. The property is located adjacent to Banks
Channel/Wrightsville Recreational Area (Figures 1, 2 and 3). Existing manmade structures on
the 0.08 acre site includes a three story single-family residence, wooden bulkhead and a private
docking facility that includes an access pier, covered platform, floating dock and boatlift. The
adjacent properties to the north and south are currently stabilized with bulkheading. It is noted
that the properties located approximately 50 feet the north of the project site have recently
constructed new contiguous vinyl bulkheads, approximately 8.5 waterward of the bulkhead of
the project site (Appendix). Further, the property located approximately 50 feet south of the
project area has a bulkhead approximately 5.5 feet waterward of the bulkhead of the project
site. Existing highground vegetation on the property consists of maintained lawn grass and
ornamental landscaping. Located waterward of the existing wooden bulkhead is a narrow area
of highground approximately 10-12 feet in width that exhibits highground and marsh type
vegetation, which includes marsh elder (Iva frutescens L.), sea ox-eye (Borrichia frutescens),
seaside goldenrod (Solidago sempervirens) and saltmeadow cordgrass (Spartina patens)
(Appendix). The elevation then transitions into low marsh in an area approximately 30 feet in
width consisting primarily of smooth cordgrass (Spartina alterniflora) and sea lavender
(Limonium carolinianum) (Appendix).
1.2 Water Classifications, Zoning, and Adjacent Uses:
Banks Channel/Wrightsville Recreational Area in this location is classified as SB# Water by the
N.C. Environmental Management Commission that indicates the state does not deem the
project waters suitable quality for shellfishing for the purpose of marketing or human
consumption. This area of the Banks Channel/Wrightsville Recreational Area is closed to the
harvesting of shellfish by the N.C. Department of Environmental Health Shellfish Sanitation and
Recreational Water Quality Section. The project area is not designated as a primary nursery
(PNA) by the N.C. Marine Fisheries Commission. The adjacent properties to the project site are
residential use.
1.3 Proposed Development:
The applicant proposes the opportunity to construct a new vinyl bulkhead waterward of an
existing wooden bulkhead. The proposed bulkhead would be located 8.5 feet waterward of the
existing wooden bulkhead, which will remain 8.5 feet landward of the normal high water (NHW)
boundary and the upper limits of the coastal wetland boundary. The proposed bulkhead would
not exceed the adjacent alignment to the north of the project site, aforementioned. The new
vinyl bulkhead will be driven into position by a pneumatic hammer rather than jetting piles with
water movement to reduce sedimentation and turbidity into the adjacent coastal wetlands and
surface waters. The proposed bulkhead would incorporate approximately 400 square feet of
Estuarine Shoreline and the existing vegetation, aforementioned (Sheet 1 of 1 and Appendix).
3
Anderson Bulkhead Project
CAMA Major Development Permit Application
Wrightsville Beach, New Hanover County, North Carolina
ECS Project 22-14857
May 13, 2009
2.0 CONCLUSIONS
Based on the proximity of the house to the existing bulkhead, it is our opinion that replacing the
existing bulkhead within its existing footprint or locating the new bulkhead further landward of its
existing footprint could potentially impact the existing house and the tie-back anchor system.
The proposed bulkhead will incorporate upland, non-significant vegetation and will avoid the
upper limits of significant coastal wetlands boundary. The structure will be located
approximately 9 feet landward of the NHW line and not exceed the adjacent bulkheads to the
north and south of the property, aforementioned. Further, it is our opinion that the proposed
bulkhead will be consistent with rules: 15A NCAC 07H .0208 SPECIFIC USE STANDARDS
(b)(7)(13): Bulkheads shall be constructed landward of significant marshland or marshgrass
fringes, and (D)(iii): Bulkhead alignment will not result in significant adverse impacts to public
trust rights or to the property of adjacent riparian owner. It is the opinion of ECS that the site is
eligible for the CAMA Major Development Permit for the construction of the new bulkhead.
4
Den OF-1
APPLICATION for .,.
Major Development Permit
Gast revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
Anderson Bulkhead
Applicant 1: First Name
Dennis MI Last Name
Anderson
Applicant 2: First Name
-I MI
- Last Name
I
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
510 North Channel Drive PO Box City
Wrightsville Beach State
N.C.
ZIP
28480 Country
U.S.A. Phone No.
_ ext. FAX No.
- -
Street Address (if different from above) City State ZIP
Email
2. Agent/Contractor Information
Business Name
ECS Carolinas, LLP
Agent/ Contractor 1: First Name MI Last Name
Robb Mairs
Agent/ Contractor 2: First Name MI Last Name
Jim Hundley, Jr.
Mailing Address PO Box City State
7211 Ogden Business Park Suite 201 Wilmington N.C.
ZIP Phone No. 1 Phone No. 2
28411 910 - 686 - 911 4 ext. ext
FAX No. Contractor #
910 686 9666
Street Address (if different from above) City State ZIP
Email
rmairs@ecslimited.com
<Form continues on backs
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
New Hanover 510 North Channel Drive
Subdivision Name City State Zip
N/A Wrightsville Beach N.C. 28480-
Phone No. Lot No.(s) (if many, attach additional page with list)
- - ext.
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Cape Fear Banks Channel
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 Greenville Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ?No work falls within.
Town of Wrightsville Beach
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
Approximately 40 linear feet 0.08 acres
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
N/A, NWL (normal water level)
(If many lot sizes, please attach additional page with a list) approximately 6-10 feet ®NHW or ?NWL
e. Vegetation on tract
Maintained lawngrass and oranmental landscaping.
f. Man-made features and uses now on tract
Three story single-family residence, bulkhead and private docking facility.
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
Residential (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No (DNA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ?No [DNA
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
(ii) Are there coastal wetlands on the site? ®Yes ONo
(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.
Municipal
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
On-site
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? OCommercial OPublic/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Please See Project Narrative
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.
Please See Project Narrative.
d. List all development activities you propose.
Construction of a new bulkhead waterward of existing bulkhead. Please see narrative.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
f. What is the approximate total disturbed land area resulting from the proposed project? 500
®Sq.Ft or ?Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
that the public has established use of? []Yes ®No ONA
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
i. Will wastewater or stormwater be discharged into a wetland? OYes []No [DNA
If yes, will this discharged water be of the same salinity as the receiving water? OYes ONo [DNA
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. Additional Information
In addition to this completed application form, (MP-9) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (1) 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 Mr. John Sloan Phone No.
Address 508 North Channel Drive, Wrightsville Beach, N.C. 28480.
Name Mr. Robert and Anne Stokley Phone No.
Address 512 North Channel Drive, Wrightsville Beach, N.C. 28480
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.
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 _May 13, 2009 Print Name Robb L Mairs (Agent)
'
Signature' 1= I l; ?+--?
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
?DCM MP-3 Upland Development
?DCM 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.
A
Channel ccess
(NLW or
NWL
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
Other
(excluding
shoreline
t
bili
s
a
zation
Length N/A N/A N/A N/A N/A N/A N/A
Width N/A N/A N/A N/A N/A N/A N/A
Avg. Existing
Depth N/A N/A N/A N/A NA
NA
N/A
Final Project
Depth N/A N/A N/A N/A NA NA
N/A
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
1Z This section not applicable
b. Type of material to be excavated.
c. (i) Does the area to be excavated include 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 the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
C. (i) Do you claim title to disposal area?
?Yes ?No ?NA
(ii) If no, attach a letter granting permission from the owner
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:
N/A
d. High-ground excavation in cubic yards.
N/A
0This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
?Yes ?No ?NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
?Yes ?No ?NA
(ii) If yes, how much water area is affected?
[' LI'll L3C'.ltri !_t?IF'<<. i€ a.caF?af:[c€i and €;i€€, F'acte 2, 01 21
3. SHORELINE STABILIZATION ?This section not applicable
(If development is a wood groin, use MP-4 - Structures)
Ll. i yNe ui si iui eune siauwzauon:
®Bulkhead ?Riprap ?Breakwater/Sill ?Other:
c. Average distance waterward of NHW or NWL: 0'
e. Type of stabilization material:
Vinyl sheets.
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 0 Riprap
Breakwater/Sill Other
i. Source of fill material.
Upland sand pit.
b. Length: 57 Feet
Width: 1 Foot
d. Maximum distance waterward of NHW or NWL: 0
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.
h. Type of fill material.
Clean sand.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ?Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (MI
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
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 fill in these areas:
5. 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)?
Landward of proposed bulkhead and stabilized with sod. Pneumatic hammer.
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 ONA site? ?Yes ?No [DNA
(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.
May 13, 2009 Dennis Anderson
Date Appiicanstime, fl
Anderson Bulkhead Project
Applicant Signature
Project Name
Property Boundary IN
SOURCE:
MapQuest Maps and Driving Directions
http://www.mgpquest.com
Accessed April 13, 2009
Scale: As Shown
- FIGURE 2
x: VICINITY MAP
Anderson-CAMA Permit Application
Wrightsville Beach, New Hanover County
North Carolina
(MARC)LU n z&a ECS PROJECT NO. 22-14857
Anderson-CAMA Major Development Permit Application -
510 North Channel Drive
Wrightsville Beach, New Hanover County, North Carolina
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Photograph 1
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