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HomeMy WebLinkAbout19930365 Ver 1_COMPLETE FILE_19930515 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO June 18, 1993 Regulatory Branch Action ID. 199302284 and State Permit No. 69-93 Shipwatch Village Homeowners' Dock Association, Incorporated 8815 Shipwatch Drive Wilmington, North Carolina 28412 Gentlemen: WETLANDS GROUP WATER QUALITY SECTION Reference your application for a Department of the Army (DA) permit to construct two additional boatslips at community marina facilities on the Cape Fear River, south of Wilmington, #1aW',-'1[ltill7 V6r County* North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-CO80-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished with enclosure: NOAA, NOS, Coast and Geodetic Survey Mapping and Charting Branch Source Data unit, N/CG2211, Station 7350 1315 East-West Highway Silver Spring, MD 20910-3233 Mr John Dorney ater Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 e 0 i-i -5 _ . . d u w s? I i- Qb t L A E I ,c P ei lit >o Elm& o • i r /Illy loo. ?4 1 _ 1 I t A • SOW a?? 0 eh -0 Y M?K{14 bi ' yl t 4 ,.? a 1 ,.,,. • • En .c sty 9 N _ • •? Ufa,` s?ry?c ? Cc ?D O rn . z -4 J lit E ? y DST rn \' l 9% a a: D lk? It I; ?r •y, 7 IYT 3 v Ndl?: PXO??fD tw19 -4AV1?'1a,.wL- SiL./PS ,O,or A. /?1LrG. WC/N/?y AtAP AIM? rrA4/t.X p yj / V.. P.A,A;A"er Aftaq3ED - >wo ADZ)?, 77a-V41- Sc //S P/E.R 23 /2 4' .S/IiP ?*w rA/ ?/L[A*E• ,om e 1- Pb vPvv' POWNSWWO Nift/444 VOVFif eimamv? NGi,t'<N C•4eoG /w//1 SIfcEHatr /t/ /! !t ADENT! ? ????? LA6F?Y .?Z14r1tirlnv?! \ Nitw.?N6lov. 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BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch June 4, 1993 Action ID. 199302284 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: f UJI,I WETLANDS CHOIil 1._. WATER QUALITY SECTIi ;. Reference the application of Shipwatch Village Homeowners' Dock Association, Incorporated, for a Department of the Army permit to construct two additional boatslips at community marina facilities on the Cape Fear River, south of Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the permit plans. b. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. C. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. d. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. e. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. -2- Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: xe • John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 'iii '? . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 NILMINGTON. NORTH CAROLINA 94022-1390 .N REPLY REFER TO Regulatory Branch Action ID. 199302284 Shipwatch Village Homeowners' Dock Association, Incorporated 8815 Shipwatch Drive Wilmington, North Carolina 28412 Gentlemen: Mav 6, 1993 tYJ U I.5 I;;,'. t , 7WkT1 a1NOS 9(;t . --- v1?nT?R !1l1LITY SF(' i't,,r on February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 4, 1993, for Department of the Army authorization to construct two additional boatslips at community marina facilities on the Cape Fear River, south of Wilmington, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199302284 and will be coordinated by Mr. Jeffrey Richter in our Wilmington Field Office. He is available at telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure - --Its- - -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 /Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fi3h and Wildlife Se_.-co Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. E. M. Edwards David Road Somers, New York 10589 Mr. W. E. Smith 8816 Shipwatch Drive Wilmington, North Carolina 28412 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Be.?for+, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, NE. Atlanta, Georgia 30365 ia. STATE °? State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management Wilmington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary April 29, 1993 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Mr. A. Preston Howard, P.E., Director Division of Environmental Management John R. Parker, Chief Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Shipwatch Village Homeowner's Dock Association, Inc. Project Location: 8816 Shipwatch Drive, adj Cape Fear River, New Hanover Co. Proposed Project: to add two additional slips to a pier that serves six lots Roger N. Schecter Director Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 20, 1993. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested` REPLY: L/ 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 ' S 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 919-395-3900 • Fax 919-350-2004 An Equal Opportunity Affirmative Action Employer To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON' 'f WQ SUPERVISOR: ADKIN DATE: May 6, 93 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 93 PERMIT NO.: 93365 COUNTY: New Hanover PROJECT NAME: Shipwatch Village Homeowner's PROJECT TYPE: Pier PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: May 3, 1993 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030617 *STREAM OR ADJACENT WATER BODY: Cape Fear River CLASS: SC STREAM INDEX #: 18-(71) *OPEN OR CLOSED: Closed WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A HYDRO CNECT?: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to add two additional slips to an existing dock. WATER QUALITY CERT. (401) CERT. REQ'D: No IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A rP'1_'? G W N U T MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? ITI MAY] 31M !9 93365.May Page Two SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Tere Barrett John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Shipwatch Village Homeowner's Dock Association, Inc. 2. LOCATION OF PROJECT SITE: Adjacent to the Cape Fear River at 8816 Shipwatch Drive in the Shipwatch Subdivision of New Hanover County. Photo Index - 1989:4-179-13, gr.N-6 1984: No Photo State Plane Coordinates - X: 2326950 Y: 114975 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/14/93 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 4/2/93 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Residence, Pier Planned - Two additional slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED INCORP. 8 (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Open Water 966 sf (D) Total Area Disturbed: 966 sf (E) Primary Nursery Area: No (I) Water Classification: Sc Open: No Resource PROJECT SUMMARY: The applicant proposes to add two additional slips to a pier that serves six lots. Shipwatch Village Homeowner's Dock Association Page 2 9. PROJECT DESCRIPTION 4/23/93 The project site lies within the subdivision of Shipwatch, adjacent to the Cape Fear River, just north of Snow's Cut. This is a 33 acre, low density development, with lots averaging approximately 95' x 275' in size. The soil is mostly sand, with scrub/shrub type vegetation being dominant. There are areas of mixed jurisdiction wetlands on several of the lots. This becomes a sandy, vegetated berm, before giving way to coastal marsh, sandy beach, and open water. The bottom is very gradually sloping, and only provides approximately 2' of water depth 200' off shore. The Cape Fear River is several thousand feet across at the project site. The New Hanover County Land Use Plan s 'fies the area as conservation. The waters of the Cape Fear River at this point are classifie A b th e Division of Environmental Management. The area is not designated as Primary Nurse a Division of Marine Fisheries, and there is no shellfish resource. New Hanover County requires a special use permit for projects of this kind. This has been obtained by the applicant, and is on file. When originally developed, this subdivision was established with 10' wide access easements across and between each two waterfront lots. These easements were to allow for water access for the residents of the two waterfront lots, and the two inland lots behind them. This particular easement serves six lots. Over the course of the past year, the Homeowner's Association has obtained General Permits for the pier structures, allowing for the mooring of four boats. These structures were all completed in late March, just four days prior to a weekend of hurricane force winds. The structures were severely damaged, and are currently undergoing repairs. The pier constructed on this lot began with an elevated walkway over mixed marsh for approximately 112' in length. It then picked up again approximately 25' beyond the marsh with an 18' walkway to adjoin the pier. The 6' wide pier extended for 199' into open water. It had two 4' x 14' fingers, five mooring pilings, and a boatlift. The water depth at the project end is -2' mlw. The closest the structure came to the riparian corridor was 24'. The structure ends approximately 1870' from the near edge of the federally maintained channel. The project is being repaired exactly as originally permitted. The applicant has requested to construct an additional 4' x 14' finger pier, and add two mooring pilings to the landward side of the other mooring structures. This would allow for the dockage of an additional two boats, or six boats total. 10. ANTICIPATED IMPACTS The project will allow for the dockage of six boats on a residential pier. The actual docking structures of this facility will total 168 square feet, with 11 mooring pilings. The total Public Trust Area incorporation around the mooring facilities will be approximately 3120 square feet, or 966 square feet more than that of the current structure. Submitted by: T. Barrett Date: 4/23/93 Office: Wilmington Please type or print. Carefully describe all anticipated development activitics, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT L Name Larry Troutman Add= 8815 Shipwatch Drive City WiImington, State NC tip 28412 Dayphone(91 9) 457-2450 - Landowner or XAuthorized agent b. Project name (if any) Shipwatch Village Homeowners Dock Association. Inc. c. If the applicant is not the landowner, also give the owner's name and address. Lot#23 E.M.Edwards, David Road Somers, NY 10589 Lot#24 W.E.Smith 8816Shi watch'Drive Wilmington, NC 28412 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 8816 Shipwatch Drive If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work. or both? New wor c. Will the project be for commm ity, private, or commercial use? priva a community with individual boat slip for each lot. d. Describe the planned use ) Boat moorin 4 LAND AND WAT 'Y QT P L 11'; CHARACTERIST `t: a. Size ofentiretmct Approximately 33 acres b. Size of individual lot(s) AnDr x . 9 5'x27 5' c. Elevation of tract above mean sea level or National Geodetic Vertical Datum Approximately 8 feet d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract H Qh ground to marsh b. City, to%%m, community, or landmark Wilmington f: c. County New Hanover 9. d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Cape Fear River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT L Describe all development activities you propose (for example, building a home. motel, marina, bulkhead, or pier). Add two (2) boat slips to existing pier. Additions consist of two(2) 8"diameter pilings and one(1) 4'x14' finger pier Man-made features now on tract Pier 2 3 / 2 4 Single family residence and piers What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) XConservation Transitional Developed Community Rural Other IL How is the tract zoned by local government? R15 Residential i. How are adjacent waters classified? SA J. Has a professional archaeological survey been wiled out for the tract? No , If so, by whom? 12JB9 -5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or m. Water supply source structures proposed n. If the project is oceanfront development, describe b. Number of lots or parcels the steps that will be taken to maintain established public beach accessways orprovide new access. a Density (Give the number of residential units and the units per acre.) -,1 f l E d. Size of area to be graded or disturbed A jqy j r' ? o. If the project is on the oceanfront, what will be the _ elevation above mean sea level of the first habitable e. If the proposed project will disturb more* #aPone 0F floor? acre of land, the Division of Lanq-qsout;ts dust receive in erosion and sedimentation control plan at --? least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion 6 EXCAVATION AND FILL control plan been submitted to the Division of Land INFORMATION Resources? f. Give the percentage of the tract within 75 feet of a. Describe below the purpose of proposed excavation mean high water to be covered by impermeable or fill activities (excluding bulkheads, which are surfaces. such as pavement, buildings, rooftops. covered in Section 7). Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (ULW) or (NWL) h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW J. Have these facilities received state or local approval? Upland fill areas k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). (Propo al is to add two b cat sli s by installing a 4'x14' finger pier and t o pili b. Amount of material to be excavated from below water level in cubic yards None c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? No£ applicable e. High ground excavation, in cubic yards 2 12189 • L Dimensions of spoil disposal area a Shoreline erosion during preceding 12 months, in feet • S. Location of spoil disposal area d. Type of bulkhead material ..-, -,- ,n r. a Amount of fill. in b3c to Ircc b l , h Do you claim title to the disposal area? mean high water If not. attach a letter granting permission from the owner. - ' L Type of fill material h L J. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? L Amount of fill in cubic yards m. Type of fill material a Source of fill material o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragline, backhoe. or hydraulic dredge)? a. Will wetlands be crossed in transporting equipment to project site? a,Q__ If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or rlprap b. Average distance waterward of mean high water or normal water level 12,/69 Will a disposal area be available for future maintenance? If so. where? 8 ADDITIONA V 006F(MATION -LT In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument tinder which the applicant claims title to the affected property. If the applicant is not clairning to be the owner of said property, then forward a copy of the deed or other instrument tinder 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 8 112 x 11 white paper. (Refer to Coastal Resources Commission Rule 710203 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 21 nigh quality copies art 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 pan 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 stormwater 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 adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments an the proposed project to the Division of Coastal Management and should be advised by the applicant of drat opportunity. 3 -Name Lot#22: William J.Callahan • Address 128 Cedar Road East Northport,NY11731 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name Lot# 2 3 : E . Marsha 11' Edwards Any permit issued in response to this application will Address David Road allow only the development described in the application. Somers, NY 10589 The project will be subject to conditions and restrictions Lot # 2 William E. -Smith contained in the permit. Name Lot#25 8816.•Shipwatch Drive ; Wilmington, NC 28412 Address Lot# 4 7A : Joanne Hamilton ? I certify that to the best of my knowledge, the proposed _ 19 Highview Blvd activity complies with the State of North Carolina's ap- Brookhaven, NY 11719 proved Coastal Management Program and will be con- A list of previous state or federal permits issued for ducted in a manner consistent with such program. work on the project tract Include permit numbers permittee, and issuingg dates. ? /.voK 64?'A At of ! r 7/,6,p- D JZ2 Li9r1? y l?'o u T?i.? .? A check for $100 made payable to the Department of Environment , Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. 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 this permit application and follow-up monitoring of project • This is the /5 day of TAN ?? ,193 X Landowner or uthorized agent 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). 4 12199 I li, 5;;D2 o0 a a �� y M�. � � Q 4 9 Y 0 y 1\ u a s 6 e c 'J • 'J • ti j Sb ? ? ? ra i Z W ? ec G LL LL.6 c s •llrk"bj ?r? N 1L1 d 4 V ,III r s J11 ?----? ! f N ' ? a b F ? ? W u L C W' s r m n r a v WC/A1/7Y MAP ? G //S yt / N. O.AT ;JK USED - -,go AZZr 270PV41- SG /P3 P/E.F 2'J /2'0' S,Wj~A-Yri/ 60 LC AO-0- 7 ow Ckfootv, fE2W,041 O6/N/ MWOVSIV/P /Vi1?//AWOWe m410V /ye,efv C4eM41MA' -"e,F"Ql.C /L/ /9 f2 ADfNTJ ? ;' ? ' LAAI'? 7fiarc/rirl?o?! ?y?t'? ?\ III/F .f///AY?AfriN ?/vr •, i ?a..: l iv/L.n../MSrow. N? -LdMi?w L 4. /V072;,: AZ?D/Tio,?IL_ /.r'J 7.•IL L ilTi/Dn/ tf/A. Pic/?vSJ '/?'F.hAtEL `,XV ? e ~x -Sx /As f Iwo I T1.0 cer J4 to WM w O.D T y • ' • / _ r ??OX, M?/y/L//VE {ISO ?AA A& 1 i)PbAl?.C'fY Gft 1 311CFT /O'lAi3/PIfM1 ?s.ay? y 4 LOr~Z3 I.CTS/ aF: _1 y. AzLyy Of: F.M. FDWAEL23 y I Iy iKt'. S.•9i7w 'SOIL! o OY W wrciw? j; P S ? y y VIII y s ? ? LF?F)V? a I I +a A/M.W - Mt^ N fJ/iM WArAL . . it D ro'osib .ZWA,>Nb17 w jw~ sc7rlt! /M ApfET Z1[,pu 6V 0 ? Phi NEW HANOVER COUNTY PLANNING DEPARTMENT 320 CHESTNUT STREET, ROOM 403 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (919) 341-7165 DEXTER L. MYES Planning Director March 9, 1993 Larry Troutman ?w 8815 Shipwatch Dr. t??t? t 1YyJ Wilmington, NC 28412 RE: S-347, 2/93; Community Boating Facility Coa..1AL Dear Mr. Troutman: Attached is a Special Use Permit to allow for the construction of a six-slip community boating facility west of Starboard Lane in Shipwatch Village. This approval shall be pursuant to the site plan submitted with the application. A Special Use Permit issued by the Board of Commissioners shall become null and void if construction or occupancy is not commenced within twelve (12) months of the date of issuance. Prior to using the property at the above location, it will be necessary for you to obtain the required building permits or certificate of occupancy, if applicable, from the County Building Inspections Department located in the County Annex, corner of Fifth and Chestnut Streets, Wilmington, N.C. Please let me know if you have any questions regarding this matter. Sincerely, 0?? r Walter Avery, . Staff Planner Enc. cc: Clerk to the Board Inspections Environmental Health STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Community Boating Facility The County Commissioners for New Hanover County having held a public hearing on March 8, 1993, to consider application number 6-347, submitted by Shipwatch Village Homeowners Dock Association, a request for a special use permit to use the property located in Shipwatch Village and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED# subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. c) Other: All other applicable federal, state, and local laws. The Board makes the following findings of fact in support of granting this permit. a) A four-slip boating facility has already been constructed. b) There are several other boating facilities in the immediate vicinity. These docking facilities are private and are associated with the Shipwatch Village Homeowners Dock Association. c) A CANA permit will be required; however, it will not be processed until the County takes action on the special use permit. d) The site is located in the Federal Point Volunteer Fire Department District. e) No water and sewer permits are required. f) No commercial activities are planned (not permitted anyway). g) Off-street parking associated with the dock will be provided on individual residential lots. A separate parking lot is not provided. h) An easement appurtenant to the project is provided for access to the dock. Ordered this 8th day of March. 1993. Robert G. Greer, Chairman DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Shipwatch Village Homeowner's Dock Association, Inc. 2. LOCATION OF PROJECT SITE: Adjacent to the Cape Fear River at 8816 Shipwatch Drive in the Shipwatch Subdivision of New Hanover County. Photo Index - 1989:4-179-13, gr.N-6 1984: No Photo State Plane Coordinates - X: 2326950 Y: 114975 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/14/93 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 4/2/93 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Residence, Pier Planned - Two additional slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. DREDGED FILLED INCORP. (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other 966 sf Open Water [AREA] HABITAT DESCRIPTION: (D) Total Area Disturbed: 966 sf (E) Primary Nursery Area: No (F) Water Classification: Sc Open: No Resource 8. PROJECT SUMMARY: The applicant proposes to add two additional slips to a pier that serves six lots. Shipwatch Village Homeowner's Dock Association Page 2 9. PROJECT DESCRIPTION 4/23/93 The project site lies within the subdivision of Shipwatch, adjacent to the Cape Fear River, just north of Snow's Cut. This is a 33 acre, low density development, with lots averaging approximately 95' x 275' in size. The soil is mostly sand, with scrub/shrub type vegetation being dominant. There are areas of mixed jurisdiction wetlands on several of the lots. This becomes a sandy, vegetated berm, before giving way to coastal marsh, sandy beach, and open water. The bottom is very gradually sloping, and only provides approximately 2' of water depth 200' off shore. The Cape Fear River is several thousand feet across at the project site. The New Hanover County Land Use Plan classifies the area as conservation. The waters of the Cape Fear River at this point are classified SA by the Division of Environmental Management. The area is not designated as Primary Nursery by the Division of Marine Fisheries, and there is no shellfish resource. New Hanover County requires a special use permit for projects of this kind. This has been obtained by the applicant, and is on file. When originally developed, this subdivision was established with 10' wide access easements across and between each two waterfront lots. These easements were to allow for water access for the residents of the two waterfront lots, and the two inland lots behind them. This particular easement serves six lots. Over the course of the past year, the Homeowner's Association has obtained General Permits for the pier structures, allowing for the mooring of four boats. These structures were all completed in late March, just four days prior to a weekend of hurricane force winds. The structures were severely damaged, and are currently undergoing repairs. The pier constructed on this lot began with an elevated walkway over mixed marsh for approximately 112' in length. It then picked up again approximately 25' beyond the marsh with an 18' walkway to adjoin the pier. The 6' wide pier extended for 199' into open -water. It had two 4' x 14' fingers, five mooring pilings, and a boatlift. The water depth at the project end is -2' mlw. The closest the structure came to the riparian corridor was 24'. The structure ends approximately 1870' from the near edge of the federally maintained channel. The project is being repaired exactly as originally permitted. The applicant has requested to construct an additional 4' x 14' finger pier, and add two mooring pilings to the landward side of the other mooring structures. This would allow for the dockage of an additional two boats, or six boats total. 10. ANTICIPATED IMPACTS The project will allow for the dockage of six boats on a residential pier. The actual docking structures of this facility will total 168 square feet, with 11 mooring pilings. The total Public Trust Area incorporation around the mooring facilities will be approximately 3120 square feet, or 966 square feet more than that of the current structure. Submitted by: T. Barrett Date: 4/23/93 Office: Wilmington Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Larry Troutman Address 8815 Shipwatch Drive City Wi lmington . State NC Zip 28412 Dayphone(91 9) 457-2450 Landowner or X Authorized agent b. Project name (ifany) Shipwatch Village Homeowners Dock Association, Inc. c. If the applicant is not the landowner, also give the owner's name and address. Lot#23 E.M.Edwards, David Road Somers, NY 10589 Lot#24 W.E.Smith, 8816 Shipwatch*Drive Wilmington, NC 28412 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 8816 Shipwatch Drive b. City, town, community, or landmark Wilmington c. County New Hanover d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Cape Fear River 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). Add two (2) boat slips to existing pier, Additions consist of two(2) 8"diameter pilings and one(1) 4'x14' finger pier If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing proect, new work, or both? New worK c. Will the project be for community, private, or commercial use? Private community with individual boat slip for each lot. d. Describe the planned use of-th4,ptoj?ct, _ Boat mooring 4 LAND AND WAT CHARACTERIST??'?'STr'.? W) a. Size of entire tract Approximately 33 acres b. Size of individual lot(s) Apprx. 9 5'x27 5' c. Elevation of tract above mean sea level or National Geodetic Vertical Datum Auuroximately 8 feet d. Soil type(s) and texture(s) of tract Sand e. Vegetation on tract High around to marsh f. Man-made features now on tract Pier 2 3 / 2 4 Single family residence and piers g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? R15 Residential L How are adjacent waters classified? SA j. Hasa professional archaeological survey been carried out for the tract? No If so, by whom? 12/89 .5 UPLAND DEVELOPMENT Complete this section if the project includes any land de velopment. a. Type and number of buildings, facilities, or m. Water supply source strncturesproposed n. If the project is oceanfront development, describe b. Number of lots or parcels the steps that will be taken to maintain established public beach accessways or provide new access. c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed ' 4 o. If the project is on the oceanfront what will be the . , elevation above mean sea level of the first habitable e. If the proposed project will disturb more than, ; floor? acre of land, the Division of Land R cu - s must receive an erosion and sedimentaUo on of plan at - -° least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion 6 EXCAVATION AND FILL control plan been submitted to the Division of Land INFORMATION Resources? f. Give the percentage of the tract within 75 feet of a. Describe below the purpose of proposed excavation mean high water to be covered by impermeable or fill ac!ivities (excluding bulkheads, which are surfaces, such as pavement, buildings, rooftops. covered in Section 7). Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? 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. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). . Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas b. Amount of material to be excavated from below water level in cubic yards None c. Typeofmaterial d. Does the area to be excavated include marshland, swamps, or other wetlands? Not applicable e. High ground excavation, in cubic yards 2 12189 • f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material o. Will fill material be placed on marsh or other wetlands? p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? s. Will wetlands be crossed in transporting equipment to project site? -Nn If yes, explain sups that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in ?bic VI ds to be ce i,be w J ?'ti,I L...,..rA mean high water f. Type of fill material L 8 ADDITION4L}INP"6FtNf,kT1ON -?- r In addition to the completed application form, the follow- 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 cant' out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1R x 11 white paper. (Refer to Coastal Resources Commission Rule ?/.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 21 Wgh 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 stormwater 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 adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 12/89 3 Name . Lot#22: William J.Callahan Address 128 Cedar Road East Northport, NY 11731 - Name Lot#23:E.Marshall' Edwards Address David Road Somers, NY 10589 Lot#24 William E. Smith Name- Lot#25 8816. Shipwatch Drive ; Address Lot#47A: Joanne Hamiltop. 19 Highview Blvd Brookhaven, NY 11719 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuin? dates. /? //fin A check for $100 made payable to the Department of Environment, Health & Natural Resources 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 development described in the application. The project will be subject to conditions and restrictions contained in the permit. Wilmington, NC 28412 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 this permit application and follow-up monitoring of project. This is the _13 day of -4y ,4_. ,192.3 X Landowner or Authorized agent J? ti 4 12189 W 3 p , 1O v V ?/C/N/TY MAP c ys / N. O.A 989)a? SU fRen-insED - Two ADLY770PV 4L. Sc /P3 P/E.P 2 B 12 4 SN/Ph/ATG:J ?/LG AS-S- rf/L Gq/°!C AeME e.4G ??rrr Tr?w/?saiP NFW 1.lAo?o?re CoLln/» .vo,epW ca?c??/.vim SiftE'N6E'? /t/ /9 92 f1C?•ENT: ._f l c.? .11 ro L oT'22 W . G or'v23 PMO,WerY CL': 4? h 1 ?eY aF: .?. J. CALC ANAL/ ° ,h E M. EDW,4R,0.5 ZB CrZ"Z.m.ID ??I? 1]AVi? Pe.l 45T.tCSfl?7VfAQT NY \??V SOMC.PJ, Nr /i 73/ `C ? ? o ? er 9 Elf/5T/Nd PiE.P.4N? R?R?SED-Iwo /TioNAC 3'c/P.3 i 0 SNFF? / u.c / SH/F?NG4T?'H IJ.E'i?E I p•G r ..APP,toXMLvJ ci/./E 44 o Q6. a ,? y i m s I S'y ?1i ly WE. 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