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HomeMy WebLinkAbout20052112 Ver 1_Complete File_20051123401 Project Subject: 401 Project From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Mon, 12 Dec 2005 13:11:21 -0500 To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Ian McMillan <Ian.McMillan@ncmail.net>, Doug Huggett <Doug.Huggett@ncmail.net>, henry.M.Wicker.JR@saw02.usace.army.mil The following project does not require a 401 permit: Long Beach Pier/co CBW, DWQ #: 2005 2112, Brunswick County Thanks, Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 1 of 1 12/12/2005 1:13 Pb Aze?? ' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary November 21, 2005 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Jason Dail, Express Major Permits Coordinator-WiRO NOV. 2 3 2005 SUBJECT: CAMA & Dredge and Fill Permit Application Review o ?? N Applicant: CBW Development, LLC c/o Chris Wrenn Project Location: 2719 West Beach Drive, adjacent to the Atlantic Ocean, in the Town of Oak Island, in Brunswick County. Proposed Project: Applicant proposes to demolish the existing structures (including the ocean pier) and redevelop the tract into an 8-lot residential subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 14, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7302, 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: 910-796-7302 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: CBW Development, LLC C/o Chris Wrenn 2. LOCATION OF PROJECT SITE: Project site is located at 2719 West Beach Drive, adjacent to the Atlantic Ocean, in the Town of Oak Island, Brunswick County Photo Index - 2000: 8-70 0, P 21-22 1995: 8-75 G, H 12-13 1989: 4 185 8 H, 14-6 State Plane Coordinates - X: 2245839 Y: 60866 Rover File: V-111713A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 11/16/05 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received -completed 11/15105 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Oak Island Land Classification From LUP - Developed (B) AEC(s) Involved: OH (C) Water Dependent: No (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - Municipal Planned - None (F) Type of Structures: Existing - Fishing pier, parking lot, motel, restaurant and office. Planned - 8-lot residential subdivision (G) Estimated Rate of Erosion: 2 ft./year Source - LTAASCR 1998 7. HABITAT DESCRIPTION: [AREA] DRFT nPn FTT T VT% l1TTTT TI (A) Vegetated Wetlands Coastal (B) Non-Vegetated Wetlands (C) Other - High ground Disturbed 1.55 acres -(D) Total Area Disturbed: 67,500w sq. ft. (1.55 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to demolish the existing structures (including the ocean pier) and re- develop the tract into an 8-lot residential subdivision. CBW Development, LLC Page Two 9. PROJECT DESCRIPTION CZR, Inc., representing CBW Development, LLC, has requested that the attached application be processed under the Express Permit Review Program. The applicant's project is located at 2719 West Beach Drive, between 27`h Street West and 30`h Street West, on Oak Island, Brunswick County. To find the property, take N.C. Highway 17 south from Wilmington and turn left on N.C. Highway 87. Head south on N.C. Highway 87 and turn right onto E. Oak Island/Yaupon Drive. Travel west approximately 2.0 miles and turn left onto Beach Drive. The subject property is located on the left hand side of West Beach Drive. The property is bordered by both residential and commercial properties. The project is being proposed on eight parcels totaling 1.55 acres, located between 27`h Street West and 30`h Street West within the Town of Oak Island. The applicant has submitted a work plat drawing indicating the proposed development activities within the 1.55 acre tract. The entire project is located on the southern side of West Beach Drive. The project site is located within the Ocean Erodible Area and High Hazard Flood Area of Environmental Concern (AEC). The subject property currently operates as the Long Beach Motel and Fishing Pier. The property currently contains a motel, restaurant, asphalt driveway/parking lot, motel office, and recreational fishing pier. The property contains no "404" Type wetlands or coastal wetlands. High ground vegetation at the site is sparse and consists primarily of lawn grasses and ornamental landscaping. Vegetation along the southern most property line, adjacent to the dry sand beach, consists primarily of Sea Oats (Uniola paniculata), American Beachgrass (Ammophila breviligulata) and Seashore Elder (Iva imbricate). Elevation at the site ranges from approximately 3 feet to 5 feet above Mean High Water. According to the Town of Oak Island, the CAMA Land Use Classification for the area within, and around the project site is Developed. The entire site is located within the 425 feet Ocean Hazard AEC and the First Line of Natural Stable Vegetation is located approximately 30 to 40 feet north ofthe southern property line. The waters of the Atlantic Ocean, adjacent to the project site, are classified as SB by the North Carolina Division of Water Quality. The area is not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. The subject property is located within the Ocean Erodible Area and High Hazard Flood Area, as indicated by Zone VE (elevation 17) on the Flood Insurance Rate Map. The High Hazard Flood Area (VE Zone) associated with the subject property is contiguous to the Atlantic Ocean. The long-term average annual erosion rate in the vicinity of the property is 2.0' per year. The 100-year storm recession line for this area of Oak Island is 325' creating a total Ocean Erodible Area (OEA) of 425'. According to the survey provided by the applicant, the First Line of Stable Vegetation is located approximately 40' north of the southern most property line. PROPOSED PROJECT The applicant proposes to demolish the existing structures on the site including the motel, restaurant, motel office, asphalt driveway, asphalt parking lot, and fishing pier. Re-development of the property would include the construction of an 8-lot residential subdivision with associated driveways and utilities. Development would include grading, disturbing and/or filling the entire site (landward of the First Line of Natural Stable Vegetation) for initial grading and lot preparation. No subsequent development following the initial grading and/or filling for lot preparation is being applied as part of this permit application. The applicant has indicated that demolition would first begin with the removal of the pier house, restaurant and motel. All debris from the demolition of the project would be contained and stored on site. According to the application package, the material would be transported off-site by F&M Construction Co. as needed. CBW Development, LLC Page Three The applicant states the pier would be the last remaining structure to be dismantled and removed. A temporary ramp would be constructed and attached to the pier for demolition equipment access. The proposed demolition ofthe pier would originate at the terminal end. The applicant would start with the removal of the rails and decking and then the support pilings, while working landward in a northerly direction towards the high ground. A pressurized hydro jet system would be used to loosen the pilings and a crane would be used for removal. The applicant indicates that if the pilings are embedded too deep in the substrate such that they cannot be removed, then they would be cut off at the sediment interface using an underwater chainsaw. The dune system at project site ranges in elevation from 7 feet to 17 feet above Mean Sea Level and transects the property beneath the existing pier house decking, fishing pier and motel decking. The crest of the frontal dune approximates the location of the large-scale project vegetation line. A portion of the pier and decking is located seaward of the large-scale project vegetation line. The applicant states that some dune disturbance is expected during the pier demolition process but impacts would be minimized as much as possible. A 15 feet x 110 feet section of the pier house decking and fishing pier spans across the frontal dune, as well as a 20 feet x 15 feet section of decking around the motel bar. The majority of the disturbance to the dune system would be associated with the removal of the deck and pier pilings. The applicant has indicated that any dune disturbance associated with the proposed demolition project would be remedied as necessary. The applicant states that fill material brought to the site would be clean and free of any contaminants and would be provided by an upland source. The fill would also be compatible with the native sands. According to the application, the density of proposed development would equal 5.75 units/acre. As proposed, demolition of the pier, decking and a portion of the motel would extend seaward of the 60 feet Ocean Erodible small structure setback line as well as the First Line of Natural Stable Vegetation. The applicant has indicated that individual lot development would be handled under the CAMA minor permit program. The applicant has applied for, however, has not yet received a Low Density Stormwater Permit to the North Carolina Division of Water Quality, nor has the applicant received an approved Sedimentation and Erosion Control Plan from the Division of Land Resources, Land Quality Section. Municipal water would be provided to the subdivision by Brunswick County and sewer would be contained on-site by individual septic tanks. 10. ANTICIPATED IMPACTS: The initial grading of the property would result in the disturbance of approximately 1.55 acres of high ground. Minor increases in turbidity associated with the removal of the pier pilings is expected, however no long term adverse impacts are anticipated. Dune disturbance associated with the proposed demolition project would be limited to those area beneath and directly adjacent to the existing pier decking, fishing pier and motel decking. Fill material brought to the site would be contained to the area landward of the First Line of Natural Stable Vegetation and/or the landward toe of the frontal dune. Submitted by: Jason Dail Date: November 18, 2005 Office: Wilmington Form DCM-MF-1 APPLICATION (To be completed by all applicants) a. b. City, town, community or landmark LUA : 1S\e.1J 1. APPLICANT c. Street address or secondary road number Landowner: a 71 `i 1?Jes+ (Sep f1? 0Q. _J e_ Name C kc i ?' ?resetA (C ?w ?eJe??.?..? G1.e) d. Address 3ao /1/• `'vCKl P?y why ?V? SJ:L? \Vl? e. City V k State IVC Zip 2'1 Sat Day Phone 01-123/ _ Fax Is proposed work within city limits or planning jurisdiction? ? ya No Name of body of water nearest project (e.g. river, creek, sound, bay) R+1u^4,'c_ oce ? 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Z1? i AC, a. Address `/ 7c) I & I I e Q0_ Il ci e S-; vet. City State List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation andlor filling activities. Fax 3A4 - Zip$`J Day Phone 11U b: Is the proposed activity maintenance of an existing project, new work, or both? r" 1AM%.J\.JC*f/f C. Project name Of any) Lo?? ue•? ?-. Q i d NOTE: Permit will he issued in Psaw of landomw(s), and/or prvjed name. 2. LOCATION OF PROPOSED PROJECT a. County QtJr-c Revised 03195 c. Will the project be for public, private or commercial use? riC It, 4 n d. 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. .\. AF () eS In.n .i.C ti ECEEVE NOV 1 ? 2005 blV15tuiv :.1F ,;OASTAL MANAGEMENT Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 6 -u o S 4?? • 1 b. Size of individual lot(s) _7 o u 6So'x 1Sb' J. c. Approximate elevation of tract above MHW or NWL 4 S O d. Soil type(s) and texture(s) of tract Ak-wk,<,, Sir, e-n W70 "1(Z ?c-.cS e. Vegetation on tract Un?1S_ So--o c, ? 1 f. Man-made features now on tract P_t_t, tuvsC) m. Describe existing wastewater treatment facilities. ?rc .+? l-v S s0? C . ys L=M n; Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and r idential discharges.) o. Describe existing drinking water sup ly source. 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (consali the zxai knd use plmi.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? /Yes ' No (Acmd, zord-g -nplian- -rrificate, if appricable) j. Has a professional archaeological assessment been done for the tract? Yes _ ZNo If yes, by whom? 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 1R" by 1I" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) 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 ? No Coastal (marsh) Other If yes, has a delineation been conducted? Y?5 (Anadr doaurrruaaon, rf a?aila k) 01R-14d Revised 03M 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 IV B Noy 1 2005 D Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION • A Stormwater Certification, if one is necessary. TO ENTER ON LAND • A list of the names and complete addresses of thr 1 understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained to the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name T ?' I certify that I am authorized to grant, and do in fad, Address 601 F_. O CA 1511 -S es41yt-J/vCgrant permission to representatives of state and federal Phone G i .1 _ 2.,? -w _ J-n U Y96l review agencies to enter on the aforementioned lands in Name Aga( 1 M L o connection with evaluating information related to this permit application and follow-up monitoring of the Address -?o 8.,= 3? y er 2 75d q project. Phone Name zti? Address .27 O'k AIIC Phone .2"1,5 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrlmittee, and issuing dates. AEC Ac, f 1,.). to AEC 1Zl?o 145- • 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 signed AEC hazard rrotlce for projects in oceanfront and inlet areas. I further certify that the information provided in this application is truthful to the best of my knowledge. ,2 This is the 8 day of o\/ , 19 Print Name J a so ti l a,e s. Signature r or A,ulw,ized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 ' DCM M Excavation and Fill Information P-3 Upland Development _ DCM MP4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment to the Environmental Policy Ad (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. O E C E H V E NOV 15 2005 Revised 03/95 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-3 "LA,ND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed 9 Y Ills,/0 r- b. Number of lots or parcels o? l c. Density (give the number of residential units and the units per acre) __ 8 RESIDE ir)AL vp,r-r5 .75 /A gA E d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 1.77 AcREs 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? _V Yes No If yes, date submitted I I - 7-o s f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. C OAI GA GTE g: Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 02 Revised 03/95 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? ? Yes No If yes, date submitted n-7 - a 9; i. Describe proposed method of sewage disposal. _6tzAvITY 5 OTic tYCrGrw (P6 Tc- sYS r&Ks1 j. Have the facilities described in Item i. above received state or local approval? NO (Anach appropriate docunwntadon) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). 5t1QFACE ?-QrJoFF 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) t?Ru?swic?c o A-r 4YsrEru M. Will water be impounded? If yes, how many acres? _ n. If the project is a oceanfront development, when was the lot(s) platted and recorded? 3-1-v s l- 0 NCs Applicant Date Yes / No HVE NOV 15 2005 DIVISION OF COASTAL MANAGEMENT Client: Chris Wrenn CBW Development LLC Office Phone: 919-552-1234 320 N. Judd Parkway Fuquay Varina NC, 27526 Figure 1. Long Beach NC MAPaU?ST <? 7 l " - r 211 Mill crook ?'-- a ? 51ctn 5 i $olrvia - Myrttr?t;orrr? Miil Branch o Prospect J 17 aPlnsy Grove rt ° Bailing Spring Lakes '? Cxdura?$eac'h Harvey Pond r' WfIrnin CoP'Cnsk gto? C30) Leruwn Crossroads 87 Kure Bach '? Stiallotte Oak Grove r 4 <O O Midway Gandy Hdl - _ Coohale ell , gNRusstown o a a Fultord 3tvey Ton-Varnn, FosL• ' Caot Run 'Secession C St..larnos -i oilonys eragsl?r- cno4d?t' "t { 1 ?#R?O f g t3cean Lsk,Basc " ' Q `may.. ¢ s b YauPo.v Beaet ' 1 I s. o "A Z n# s E JS 8t+icr ?'^ "` BildHeidlEf{i?ld ~ S`utG?1 ; `} ti T4 , ,s 2005 MaPOUest.COM inc.: 0 2005 TNe Abis _ TER JJJVVVIII IqJV 1 5 2005 Figure 2. Long Beach Pier. 2727 West Beach Dr. Oak Islan C, 8465-7634 -z"lAAPQj 7- RandR41h & ,IT, 1 O N O F T_-- KANAGEMENT __ - Stye V_ia ?E151a in h N h or s+ 3 of ZOOM I I? I? I W Peacan Dr o l l T D FEE DCM SS DWD % uvu cpmon yp 114, _00 1601 435100093 1625 62531 •124300 1602 435100095 2341) L Pdvala, lion. torn- no i Col dov.110ivnent UIrt do-33 not invclvo 5250 100%. (5250) 0% (SO) s?o riling or exr-,waliCn of any wcllandc or open walot iircas: It. Puhlic cr curnmerrial dnvelopmenl ,'wl tlot , not Involve tha filling cr 5,00 100:14 (5400) Oyl. (SO) nz.-rv:,Ucn of ory wolland: or o;en walararear: I.I. For d.velopmenl Lhat im-olvas tho ,ding mullor axrsv3tron of up to 1 acra 01 wvdand: andlor open wa!nr w>3s, d.a.rrnipu if A. E. C, or D hrar,w ai:pGrs; III(P.). Far Privale. non•contmen5al rlevnl;,pr.,cm.11 Gcnotml water CuoliFj 5250 100% (52.50) O% (SO) CariGe :Gan Ne.3301 (sce atL',ehcd) win he nppGca: . III(?): For pu•`.Ue or cemme:eial dc:dc?ir.c:J, If Gen.nil w3!or Cual:ty ,q.100 1005: (5400) 0% (SO) Ci,:iM 9:Icn No.3i01 (cue attached) r. n be applied: III(t:). t(('2.°rll'::11??'at•:tQu?lily . Ca,-. fiezien No. 3:01 (see. W!JLhed) _cutd be vpirt:d, but DCM s :$ d0arrcn,-•1 drat additional rev;-:w and 5400 60;5 (5240) 40% (5160) wri!:cn DPiQ con.urrerc3 is nredud Lacawc of c:mccros rotated la water .ju:.rlj or ac :,l;c Ilia: 111(D). If Gancral Wntr f QuaSTy cartiflc d,;ll No. 3301 ol:dchrd) $400 601: (5240) 40% (S16O) can rntbo 3ppricd: IV. ' For 4uvolopmenl Il:crt invo!vcs the 17,Uing and/or excavation of morn 5475 GO°/. (5285) 40%($190) Man onc:.ctu or wollands aridlor opt, it w.rtur areas: