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HomeMy WebLinkAbout19950176 Ver 1_COMPLETE FILE_19950118State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: FEB 15 1995 ? ? • ?? February 14, 1995 cis IrJ to 70)A-4 FC?cj?Fp TO: Mr. A. Preston Howard, P.E., Director ?1Q9 Division of Environmental Management tgS? FROM: John R. Parker oNr,???s Major Permits Processing Coordinator ^ti RNs SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bald Head Island, Ltd. Project Location: Eastern portion of Bald Head Island (Phase II), adjacent to Atlantic Ocean and Bald Head Creek, in Brunswick County Proposed Project: Major Modification of existing State Permit #199-87, which authorizes the development of the eastern portion (Stage II) of Bald Head Island. The applicants have proposed a re- design of the original master plan to include a 17 acre lake, a combination of single family lots, single family cluster development, as well as a multi-family and commercial development Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 7, 1995. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: N/ 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. Cf SIGNED DATE ?j 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT C FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bald Head Island, Ltd. 2. LOCATION OF PROJECT SITE: Eastern portion of Bald Head Island (Phase II), adjacent the Atlantic Ocean and Bald Head Creek, Brunswick County. Photo Index - 1989: 189-2,3,4 1984: none available State Plane Coordinates - X: 2312000 Y: 38000 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/7/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 1/17/95 RFEB Office - Wilmington 6. SITE DESCRIPTION: 2 1995 (A) Local Land Use Plan - Brunswick County Land Classification From LUP - Developed ,?,?ri4i?VDSs??;? (B) AEC(s) Involved: OH,ES „?l?s'ATER T'U f,, JP , r (C) Water Dependent: No (D) Intended Use: Commercial/Residential (E) Wastewater Treatment: Existing - Community Sewage System Planned - Package sewage treatment plant w/ lane or subsurface disposal. (F) Type of Structures: Existing - The eastern portion of the island is currently undevelopec Planned - Lake, development infra-structure, roads, utilities, single-family, multi-family, and commercial development. (G) Estimated Annual Rate of Erosion: 2 ft. /yr., 3 ft. /yr., 7 ft. /yr., 11 ft. /yr. Source - LTAAER 1986 - Pg(s) 2 & 3 of 14 7. HABITAT DESCRIPTION: [AREA] VKhOtihij PILLhl) WEEK (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other - Ground disturbance 135 acres Highground Disturbance Total Area Disturbed: 135 acres (E) Primary Nursery Area: Yes - Bald Head Creek (F) Water Classification: Atlantic Ocean -SB Open: N/A Bald Head Creek -SA Open: No ?a 8. PROJECT SUMMARY: The applicants are requesting a Major Modification of existing State Permit# 199-87, which authorizes the development of the eastern portion (Stage II) of Bald Head Island. The applicants have proposed a re-design of the original master plan to include; a 17 acre lake, a combination of single-family lots, single-family cluster development, as well as, multi-family and commercial development. 1 a Bald Head Island, Ltd. Page 2 9. PROJECT DESCRIPTION Bald Head Island is a part of a larger island group known as Smith Island Complex which is located at the confluence of the Cape Fear River and the Atlantic Ocean, between Carolina Beach/Fort Fisher and Oak Island, in the Brunswick County, North Carolina. It is accessed by private ferry service from Southport, NC. Bald Head Island is the southern-most, and largest of the Smith Island chain. It's eastern and south facing beaches are adjacent to the Atlantic Ocean. the intersection of east and south beaches create Cape Point, from which Frying Pan Shoals extend some 22 miles into the Atlantic. The island's west beach is adjacent to the Cape Fear River Inlet and its northern side is bordered by Bald Head Creek and associated salt marshes. Bald Head Island is approximately three and one-half miles long and one-half to one-mile wide. The island contains the largest remaining stand of climax maritime forest in southeastern North Carolina, and features 1,000 year old live oaks and Cabbage Palmetto Palm trees (Smith Island Complex is the northern limit of its range). The State of North Carolina has purchased approximately 175 acres of maritime forest, which will be preserved and managed through the Coastal Reserve Program. Development of the western half of Bald Head Island (Stage I) is approximately 30- 40% built-out, and includes a marina, restaurant, golf course/club house, and associated multi- and single-family residential development. The majority of the eastern half of the island (Stage II) is, for the most part, undeveloped, but was conceptually plated and permitted in the original master plan for future development. The eastern portion of Bald Head Island designated as Stage II, consists of 610.6 acres. This total acreage includes 172.4 acres of maritime forest purchased by the State of North Carolina and placed within the State's Estaurine Research Reserve Program. A single paved cart path, Federal Road, through the maritime forest, accesses the eastern end of island from the developed western half of Bald Head Island. The project site includes approximately 9600 LF of oceanfront shoreline on South Beach and 2800 LF on East Beach, where it joins the adjacent development of Middle Island, which is under different ownership. On the South Beach oceanfront, there is a single frontal dune system. The dune averages 14 - 16 feet in height, and is well vegetated to an vertical erosion escarpment, on it's oceanward side. The terrain landward of the frontal dune is relatively flat, with small dunes, 4 - 9 feet high, and typical ocean front vegetation, including sea oats, cat-briar, yucca, prickly-pear cactus, and other dune grasses and perennials. There are occasional yaupon and red cedar trees, dwarfed to bush height by the salt spray. At a distance varying from 300 - 800 feet, from the beach, a large dune system begins an ascent that reaches heights of over 40 feet MSL. Landward of the peak of this sand ridge, there is an immediate drop to the floor (approx. EL.10) of the maritime forest. The dense vegetation of the forest occupies the central and northern portion of the tract, where it meets the estuarine marsh adjacent to Bald Head Creek. The topography on East Beach is some what different than South Beach, in that, the dunes on East Beach have developed into distinct lineal systems. There are 3 - 4, north- south oriented dune lines along East Beach, through Cape Point, exhibiting the typical dune crest/trough development. The largest system, again, is adjacent to the perimeter of the maritime forest. It is not as high as the towering dune ridge on South Beach, averaging only 20 -25 feet in height. Dune vegetation is essentially the same as on South Beach. There is an existing beach access walkway and gazebo, with A Bald Head Island, Ltd. Page 3 bathrooms. There are 17 potable water well sites delineated on the proposed plan drawing. Fifteen (15) of the well sites are within the maritime forest tract which was sold to the State, as per the purchase agreement. The two remaining sites are located in the proposed recreation area at the east end of the island. The Long Term Average Annual Erosion Rate (1986 LTAAER) for East Beach is 2 ft./yr., and the associated Ocean Hazard Area of Environmental Concern (AEC) of 350 feet, as measured from the first line of natural stable vegetation. The LTAAER for South Beach changes three times, from 3 ft. /yr. on the western oceanfront, to 7 ft. /yr. through the central area, to 11 ft. /yr. on the eastern end of the project area. A corresponding increase in the total width of the Ocean Hazard AEC accompanies the changes in erosion rates, from 450 feet, to 690 feet, to 930 feet, respectively. The waters of the Atlantic Ocean are classified SB, and the waters of Bald Head Creek are classified SA, by the N. C. Division of Environmental Management. Bald Head Creek is CLOSED to the harvest of shellfish, but has been designated as a Primary Nursery Area (PNA), by the N. C. Division of Marine Fisheries. Prior to this proposed major modification, three areas were redesigned and authorized by minor modification to the existing permit. These ares were Flora's Bluff, Killegray Ridge (Flora's Bluff II), and Muscadine Woods. The applicants have designed 20 individual development parcels for the remainder of Phase II. Parcels A, B, D, and E, are located along the island's northern shoreline of Bald Head Creek. Parcels H, I, and a commercial/beach access tract are located on East Beach. Parcels J, K, L, M, N, O, P, are located on South Beach, as well as, a Beach Club tract, near the Cape. There is a 17 acre lake proposed in the east, central area of the maritime forest. The lake would be U-shaped, with an average depth of six (6) feet. It's shoreline would be stabilized with a vinyl bulkhead. Parcels C, F, G, a recreation area, and two commercial tracts are oriented around this proposed feature. The individual tracts are listed below: 1. Parcel A - Single-family lots, 19.2 acres, 28 units 2. Parcel B - Single-family lots, 24.6 acres, 51 units 3. Parcel C - Single family Cluster, 10.5 acres, 63 units 4. Parcel D - Multi-family, 6.5 acre, 28 units 5. Parcel E - Single-family lots, 13.2 acres, 26 units 6. Parcel F - Single-family Cluster, 7.6 acres, 45 units 7. Parcel G - Multi-family, 4.1 acres, 25 units 8. Parcel H - Single-family lots, 8.2 acres, 9 units 9. Parcel I - Single-family lots, 10.8 acres, 17 units 10. Parcel J - Single-family lots, 7.5 acres, 9 units 11. Parcel K - Multi-family, 9.9 acres, 26 units 12. Parcel L - Single-family Cluster, 22.6 acres, 66 units 13. Parcel M - Single-family Cluster, 8.5 acres, 16 units 14. Parcel N - Single-family Cluster, 2 acres, 5 units 15. Parcel O - Single-family Cluster, 2.8 acres, 18 units 16. Parcel P - Single-family lots, 10.7 acres, 16 units 17. Recreation Center - 11.3, acres, pool, spa, & tennis 18. Beach Club - 4.0 acres 19. Village Center - 3.0 acres 20. Commercial - 2.6 acres Bald Head Island, Ltd. Page 4 The applicants are currently in the process of modifying the existing permit to accommodate the proposed development in Parcels A and N. Parcel P remains the same as currently permitted. The re- design of the entire Phase II plan was prompted by the sale of maritime forest to the State of North Carolina. The proposed plan would replace the existing Master Plan. The re-designed Phase II plat shows general building locations and configuration of the proposed Single-family Cluster and Multi- family developments, within CAMA AEC's. Prior to individual parcels being developed, larger scale, more detailed plans would be submitted to the N.C. Divisions of Environmental Management - Stormwater Section, and Coastal Management, to ensure compliance with permitted densities, impervious coverage, MHW and wetland contours, and applicable setbacks. This procedure has worked well in the previous and on-going modification of the existing Phase II permit; Flora' Bluff, Killigray Ridge, and Muscadine Woods. Along South Beach, the applicants propose to continue their development scheme of locating the main roadway along the base of the large dune ridge and orienting axillary development, both oceanward and up the face of the ridge, maintaining existing contours vegetation, as much as possible. There would be two crossing over the dune ridge, one between Parcels L and K, and the other behind the beach club at Cape Point. Both crossings were located in natural dips of the peak of the ridge and would constructed over the ridge, rather than through it. Earthen ramps would be constructed on the maritime forest side of the ridge, as necessary, to transition the roadway to the lower elevation. The project density is 1.02 units/acre, and the currently permitted 19.4 percent of impervious coverage for the entire tract has been maintained in the re-designed proposal.No water related amenities are proposed for the estaurine shoreline of Bald Head Creek. 10. ANTICIPATED IMPACTS The applicants calculate that approximately 135 acres would be graded or disturbed during the development of Phase II. There would be 118.9 acres of impervious surface created by construction of the roadways, total units, and amenities. Seventeen (17) continuous acres of climax maritime forest would be clear-cut, and the area excavated (approx. 150,000 cu.yd.) to construct the proposed lake. Additional losses and breaks in the forest canopy will occur with the subsequent placement of residential, commercial, and community structures. There is a reduction from 752 units to 625 unit. Submitted by: E.F. Brooks Date: 2/13/95 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 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Bald' Head Island, Ltd. Address P. 0. Box 3069 City Bald Head Island State NC Zip 28461 Day phone 910-457-7339 X Landowner or . Authorized agent b. Project name (if any) Bald Head Island Stage II C. If the applicant is not the 1 im???? - owner's name and address. ?' l V a. nr I J AM 11 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, pew work, or both? Existing Project and New Work c. Will the project be for community, private, or commercial use? Community, Private and Commercial d. Describe the planned use of the project. Development of eastern portion of island - mixed use, containing single-family, multi-family, single-family cluster, recreation and commercial. 4 LAND AND WATER CHARACTERISTICS Size of entire tract 610.6 Acres b. Size of individual lot(s) Varies, see plan DiViSIUP4 eG,atg;:;,A,; MANpGEMEN'f' 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number b. City, town, community, or landmark Bald Head Island, NC 28461 c. County Brunswick d. Is proposed work within city limits or planning jurisdiction? Village of Bald Head Island e. Name of body of water nearest project Atlantic Ocean. Bald Head Creek 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract Sandy - Fine to coarse e. Vegetation on tract _Dune grasses, Maritime forest; Species, Salt mars f. Man-maadee features now on tract Old Lighthouse gutydin_gson?nde aig,vi a giARo°urt g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional -Developed X Community - Rural Other h. How is the tract zoned by local government? Varied zoning. i. How aadjacent waters classified? a. Describe all development activities you propose (for j. Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, _ carried out for the tract? es or pier). Lake, combination of sin le- family - Architectural Research Consu? ltants,Inc lots, sin le-family c uster, commerci.a and ,. multi-family deve oilmen August, 1985 5 UPLAND DEVELOPMENT . Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed Private Residence and Commercial and Recreation b. Number of lots or parcels 625 c. Density (Give the number of residential units and the units per acre.) 625/610-6 = 1.02 units LAC d. Size of area to be graded or disturbed Approx. 135 AC 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? Will be submitted prior to construction f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Asphalt, marl, concrete pavers, . concrete h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? No i. Describe proposed sewage disposal and/or waste water treatment facilities. LPP and Package. Treatment plant with land or sub-surface application. j. Have these facilities received state or local approval? Yes k. Describe existing treatment facilities. Gravity-feed sewaqe pumped to central sludge treatment plant. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent; "wash down")._ Surface Runoff • m. Water supply source Wells and lagoons n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. Plan denotes points for beach access and pedestrian circulation. (See plan. ) o. If the project is on the oceanfront, what will be the elevation above mean sea level. of the first habitable floor? 12.0 msl (minimum) Refer to FEMA lassifications_ 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (N[LW) or Boat ba ' S Other ?) Jai water, pier, v boat ramp, rock jetty) G" ash P` Fill placed in MI-1W or below MI-1?' • ? Upland fill - areas Length Width Depth 319` ?es Varies see plar, 4' Min 6' Max W?4lf b. Amount of material to be excavated from below waterlevel in cubic yards c. Type of material Sand d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards Lake (150,000 i-Oprox. ) Parcel ,C - 400' x 500' 'Parcel F - 400' x 400' Service Village 200' x 200' f. Dimensions of spoil disposal area (3 Areas) See plan. g. Location of spoil disposal area Parcel C and F Also Service Village if necessary. h. Do you claim title to the disposal area? Yes If not, attach a letter granting permission from the owner. c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material i. Will a disposal area be available for future maintenance? NO If so, where? 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, In addition to the completed application form, the follow- swamps, or water areas? No ing items must be submitted: k. Will the fill material be placed below mean high A copy of the deed (with state application only) or other water? No instrument under which the applicant claims title to the 1. Amount of fill in cubic yards Approx. 150 , 000 affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the m. Type of fill material Sand er instrument under which the owner claims "ti e, s ritten permission from the owner to carry out Z&A n. Source of fill material Lake excau on the p o. Will fill material be placed on marsh 4er j AN 0 3 1995 wetlands? No An accurate work plat (including plan view and cross i? iSi0Ns tonal drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled _ N1AN,ite paper. (Refer to Coastal Resources - ??AS ?i_ Commission Rule 77.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Maintain at 3:1 slooes and provide snow fencing w/salt fabric at- arade. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Mechanical, backhoe, trucks, and scrappers s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION None proposed. a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level 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 l 12gh 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. Name Charlie Younq Address Q l o Young Reality Co., Inc. P. O. Box 32275 Charlotte, NC 28232 Name Clinton D. Creasman Address 1630 Turner Road Richmond, VA 23225 Name Frank J. and Lynn M. Burke Address 62 Strawberry Hill Dover, MA 02030 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 199-87 and 3 Modifications (Minor) A check for $>?ade 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. 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?s the 28 day of De r , 19-9 L. 3d? # uw&? Lanowner or Authorized agent, Planning Director 2 D TT C Ta? H VTR? JAN 03 1995 DIVISION OF COASTAL MANAGEMENT Residential - New Development Percent of Total Impervious Impervious Parcel Land Use Acres nib overa a Coverage (Acres) A Single Family Lots 19.2 AC 28 21% 4.1 AC B Single Family Lots 24.6 AC 47 25% 5.1 AC C Single Family Cluster 105 AC 63 60% 63 AC D Multi-Family 65 AC 28 60% 39 AC E Single Family Lots 13.2 AC 26 22% 29 AC F Single Family Cluster 7.6 AC 45 25% 45 AC G Multi -Family 4.1 AC 26 3k. 13 AC H Single Family Lots 8.2 AC 9 23% 194 AC I Single Family Lots 10.8 AC 17 22% 25 AC J Single Family Lots 75 AC 9 14% 1.5 AC K Multi-Family 99 AC 26 60% 5.9 AC L Single Family Cluster 22.6 AC 66 60% 6.7 AC M Single Family Cluster 85 AC 16 60% 5.1 AC N Single Family Cluster 2.8 AC 18 60% 1.6 AC O Single Family Cluster 2.0 AC 5 30% .6 AC P Single Family Lots 10.7 AC 16 14% 1.6 AC Sub-Total 168.7 AC 445 55.54 AC Non-Residential Service Village 37.4 AC 60% 22.4 AC ?? Village Center 4.2 AC 60% 2.5 AC U Recreation Center 113 AC 60% 6.7 AC Beach Club 4.0 AC 30% 1.2 AC East Beach Commercial JAN 03 1995 and Beach Access 2.1 AC 30% .6 AC Park 3 AC 25% .07 AC Bald Head Island Nature i ?! C ?? O F Conservancy Complex .8 AC 30% .24 AC Commercial 2.6 AC 30% 8 AC COASTAL MANAGEM ENT . Sub-Total 62.7 AC 3451 AC Pre-Existing Residential (as per previous permit and/or modifications) Flora's Bluff 8.7 AC (26 lots) 25% 2.1 AC KiBegray Ridge (FB 11) 9.1 AC (29 lob) 25% 2.2 AC Muscadine Woods 14.0 AC (32 lob) 125% 35 AC Captain Charlie's Sta. 4.8 AC ( 4 lots) 5% .25 AC Pods 1, 2, and 3 54.0 AC (89 lots) 20% 10.8 AC Sub-Total 90.6 AC (180 lots) 18.85 AC Infrastructure Proposed Roadway 10.0 AC 10.0 AC Parking & Circulation Total 332.0 AC 625 1189 AC Overall site acreage Overall impervious coverage Percent of impervious coverage 610.6 AC 118.9 AC 118.9 AC / 610.6 AC = 19.4%