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HomeMy WebLinkAbout20052224 Ver 1_Complete File_20051219401 Projects Subject: 401 Projects From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Thu, 29 Dec 2005 11:12:48 -0500 To: Ian McMillan <Ian.McMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Doug Huggett <Doug.Huggett@ncmail.net>, Henry.M.Wicker.JR@saw02.usace.anny.mil The following projects require no 401 permits: Christopher Senior DWQ#: 2005 2224, New Hanover County John Galarde, DWQ#: 20052213, New Hanover 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 of 1 1/2/2006 9:14 AM 'f FqCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 15, 2005 2® 0 5 2 2 2 4 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight and Express Permits Unit' Division of Water Quality-Surface Water Protection;,` FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA Application Review r Applicant:, Christopher D. Senior Project Location: 8232 Bald Eagle Lane, adjacent to the AIWW and Middle Sound in Wilmington, in New Hanover County. Proposed Project: Applicant proposes to construct a private pier that will terminate in a gazebo with a main floating dock and finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 7, 2006. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Christopher D. Senior 2. LOCATION OF PROJECT SITE: 8232 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway and Middle Sound, in Wilmington, New Hanover County. Photo Index = 2000: 22-279, M, N-22 1995: 22-261, M, N-6 1989: 4-175-14, S,R-8 State Plane Coordinates - X: 2376942 Y: 197605 3. INVESTIGATION TYPE: CAMA 4. 5 6. ROVER FILE # - 0-120815B INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12-08-05 Applicant Present - No PROCESSING PROCEDURE: Application Received - 12-06-05 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, OR (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Garage and car port and retaining wall Planned - Pier, 1 gazebo and three (3) floating docks (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: 8. [AREA] nRPnnFn FTT T FP 1r1TUF1? (A) Vegetated Wetlands (Low Marsh) 690 sq. ft. (Shaded) (B) Non-Vegetated Wetlands incorporated (Open water) 580 s q. ft. (C) Other (D) Total Area Disturbed: 1270 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: "SA ORW " Open: Yes PROJECT SUMMARY: The applicant proposes the construction of a private pier that would terminate in a gazebo with a main floating dock and finger piers. Senior Page 2 9. PROJECT DESCRIPTION: The project site is located at 8232 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highwayl7), turn onto Porter's Neck Road and travel east approximately 2 miles. At the stop sign, turn right onto Bald Eagle Lane and the property of interest would be located immediately on the left. The lot is approximately 0.9 acres with 100' of shoreline frontage and averages 26 feet above mean sea level. The applicant has recently demolished a residential building and has retained an abandoned garage with attached carport. A highground bulkhead measuring approximately 75 linear feet stabilizes the shoreline. Upland vegetation consists of hardwood species, which include Oak and Sycamore. Other present upland vegetation consists of lawn grasses, which transitions into the high marsh of mixed coastal wetland and "404 type" vegetation including Marsh Elder (Iva fmtescens), Grounsel-bush (Baccharus halimifolia), Sea Ox-eye (Borrichia fmtescens), and Salt Meadow Grass (Spartina patens). Low marsh consists primarily of Smooth Cordgrass (Spartina alterniflora), which covers an area approximately 120 feet in width to the AIWW and Middle Sound. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classified SA- ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes the construction of a private pier that would terminate in a gazebo with a main floating dock and two (2) fingers piers along the AIWW. The pier would extend from the existing highground bulkhead approximately 185' and would place the structure approximately 733' waterward of the outer edge of coastal wetlands, which would terminate in a gazebo (10'x 12') over open water. The gazebo would then lead into a main floating dock 38' in length by 4' wide, which would run parallel to the AIWW. Two (2) floating finger piers 16' in length by 4' wide would then be constructed. One would be located on the southern end and one on the northern end of the main floating dock. These finger piers would run perpendicular to the AIWW. The structure would potentially provide docking space for up to six (6) vessels, but the applicant states that only four (4) slips are proposed as indicated by numbering on the submitted plans. 10. ' ANTICIPATED IMPACTS The proposed pier system construction would incorporate 400 sq. ft. of Estuarine Waters and Pubic Trust Area and would shade approximately 690 sq. ft., vegetated primarily with Smooth Cordgrass (Spartina alterniflora). Minor increases in turbidity should be expected during construction. The proposed pier would extend approximately 73 feet into a waterbody, which measures approximately 550 feet across. This distance would conform with the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the 80-foot setback from the AIWW. Submitted by: R.Mairs Date: 12/14/2005 Office: Wilmington Form DCM-MP-1 APPLICATION'' (To be completed by all applicants) b. City =ityrr 1(5d 1. APPLICANT ?L L << ti ?o c. ' Street address or second 7, n ber / a. Landowner: Name d. Is proposed work w? city limits or planning ?7 L jurisdiction? Yes No Address ,/ T 32 ? ( [,~ ISO ??- e. Name of body of water near t project (e g riv 77, City r ! "' I' State _ creek, sound, bay) _ ,n o r? ?'?11?5 _ Zip oZ Day Phone Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name a. List all development activities you propose (e.g. WG building a home, motel, marina, bulkhead, pier, and excavation and/or ing activities. Address ?J 41 City v` e State OCR 91 2- 7 Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? VP ? Fax c. Will the project be for public, p to or commercial use? 12 r; J ?riv 4 c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Permit will be issued in name of landowner(s), andlor project. If more space is needed, please attach additional pages. 11 project name. O0 i F Pt 1771 2. LOCATION OF PROPOSED PROJECT l re° e a. County oeo La 4 00 ev Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract L b. Size of individual lot(s) c. Approximate elevation of act above MHW or NWL 4WN 2- 114 d. Soil type(s) and texture(s)((gqf tract e. Vegetation on tract G ? u S ?, f. Man-made ,fgatures now on tract C Ce (/u g. What is the CAMA Land Use Plan land classification of the Site? (Conrult the lo=1 land use plan.) Conservation Developed Rural h. i. :j k. m. Describe existing wastewater treatment facilities. X ?, to n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industriallcommercial effluent, "wash down" and ras1 eptiaj discharges.) o. Describe existing drinking water supply source- 1_ 9 qe,%c 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: Transitional Community Other] cJ How is the tract zoned by local ovemrpent? 45 fl, 4. / , re +e.,--f-,e Is the proposed oject consistent with the applica le zoning? V Yes No (Attach zoning eorrwRance cenificwe, if applicable) Has a professional archaeological ass ment been done for the tract? Yes VNo If yes, by whom? Is the project located in a National Registered or does it involve a National Historic DistiNo Register listed igible property? Yes Are there wetlands onjhZ site? Yes _ No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach domtnen=tion, if available) 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 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 73.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A list of the names and complete addresses of the I 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 in 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 noticeec has b n prov edf/ conducted in a manner consistent with such program. ? J rO flay Name 190 c? I certify that I am authorized to grant, and do in fact, Address S(Z 7- 5f & ?q:, C grant permission to representatives of state and federal Phone - review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name d- V ' GJ ?tiL permit application and follow-up monitoring of the Address project. Phone ?,??S?L? cf 7 7 Name Address Phone I further certify that the information provided in this application is truthful to the best of my knowledge. ?iA zcn s- This is the ?D day of , 19 Print Name T? Signature Lm%davmer or ia.,iZed Ag / Please indicate attachments pertaining to your proposed project. ° A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ?N4 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to covet the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development DCM MP4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-NIP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM--'Yg-1. Et sure to complete all other sections of the Joint Application which relate to (1) - Cornr;ercial _Comununir: -private tl`lis proposes proiect. (?) Number (3) Description of buoy a. Dock(s) ardor Pie s (Color, irscr iption, s' e, cho tc (1) _ Comme. c:al -Community Private (2) Number I (3) Lea;- 1 V? (-) wide, ?, •i- (44) id :n OI wale: body (? Finger Piers (5) Distznce buoy(s) to be placed beyond es No (i) Number a shorel .e (ii) Lend.;; f. h4oortrg s?uc?ure (noatIiti, mooring piiirgy%e•c.) (iii) Width (1) - Cot..::,er?ial Comr:;ual: (6) Plan-orm(s) Yes No (1) Nusbar / (2) Number (i) Lenzh to C.OL)rf? () Leng* (iii) Width t 2 uu-z?b (-) W idu? () Number of slips prot'-osar - y (Fl Prot.. `y of S:uc7ure to g Comer ?c aoiacer-- r:parian ?i -- 50 (Q) `h iQ V o; wa_e- bocv - _ (.t 1 (id) tii%a_zr depth at wa_er•:;ard end - ? 1 ?t CT- pie- a_ , ::? ? -r- iti ?h Or IvrYt - L (? i b b. 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