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HomeMy WebLinkAbout19950367 Ver 1_COMPLETE FILE_19950420State of North Carolina D MgMET e ,? Department of Environment O FIFWA PA,?X Health and Natural Resourc APR 0 51995 A 4 • • Division of Coastal Management M?v James B. Hunt, Jr., Governor C Jonathan B. Howes, Secretary C ?---? N Roger N. Schecter, Director April 3, 1995 4p *03c,PF ?? O MEMORANDUM: n? TO: Mr. A. Preston Howard, P.E., Director P 0 15- 1995 Division of Environmental Management DIVISION John R. Parker, Jr. n O F ' .0OASTAL MAID AGEMEINJT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review r Applicant: Sportsman's Pier, Inc. oQ ti,,y? v Project Location: ad' the Atlantic Ocean, @ 500 Money Island Drive, Atlantic Beach ? Proposed Project: t end the fishing pier an ? C&Qstfuct a deck with benches Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 24, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726- 7021. 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. SIGNED1 1l DATE 3X - Fi l 'P k/c P-0 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper • R M ?--°a DIVISION OF COASTAL MANAGEMENT n,. FIELD INVESTIGATION REPORT APR 18 1995 APPLICANT'S NAME: Sportsman's Pier, Inc. 2. LOCATION OF PROJECT SITE: Carteret County, Town of Atlantic Beach, at 500 Money Island Drive, adjacent the Atlantic Ocean Photo Index - 1989: # 3 158 12; indexed by Q,R,S,T-11 1984: # 34 1471; indexed by Q,R,S,T-17 State Plane Coordinates - X: 2678300 Y: 347700 Beaufort Quad - UL 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/7/94 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 2/15/95; Complete - 3/16/95 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Atlantic Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: PT,EW,OH (C) Water Dependent: Pier extension - Yes; Deck over pierhouse - No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic tank and field Planned - None (F) Type of Structures: Existing - Pier, pierhouse with tackle shop and cafe, and parking lot Planned - Extend pier and add a deck on top of pierhouse (G) Estimated Annual Rate of Erosion: 2' Source - Long Term Average Erosion Rate Updated Through 1986 (NCDCM) 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other - EW and PTA 4,200 ft2 Deck Pierhouse on Public Beach 2,000 ft2 (D) Total Area Disturbed: 4,200 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Open: Yes 8. PROJECT SUMMARY: The applicant proposes to extend the Sportsman's Pier farther out into the Atlantic Ocean by adding a 40' section and a 150' by 20' "T" at the waterward end. The applicant also proposes to construct a 50' by 40' deck on top of the existing pierhouse. FIELD INVESTIGATION REPORT: SPORTSMAN'S PIER, INC./CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting Sportsman's Pier, Inc. with David G. Bradley serving as President, owns approximately .70 acres adjacent to the Atlantic Ocean at 500 Money Island Drive in the Town of Atlantic Beach, Carteret County. The site is characterized by an approximately 1,000'-long by 20'-wide ocean fishing pier, an attached flat-roofed pierhouse with tackleshop and cafe, and a graveled and paved parking lot. Immediately to the west is a 20'-wide public beach access owned by the Town and to the east is a private beach cottage. Approximately 900' down the beach to the east is the similar length Oceanna Fishing Pier. The high ground portion of the property is bulkheaded and/or rocked along the 270' width and is consumed by the parking lot. The bulkhead approximates the location of the first line of stable vegetation and the pier building and fishing pier are located seaward of the bulkhead. Both structures existed on the property prior to LAMA. In the past, the USACOE has conducted several beach renourishment projects in the area. Although some vegetation has been planted or has naturally volunteered in the area seaward of the bulkhead, it is not considered stable. The shoreline erosion rate in the vicinity is approximately 2' per year. The pier building is located over the beach and is within the Ocean Erodible and High Hazard Flood Areas within the Ocean Hazard AEC. The fishing pier is located partly over the beach and is also within the Ocean Erodible and High Hazard Flood Areas of the Ocean Hazard AEC. The fishing pier is also located partly below the mean low water line of the Atlantic Ocean, thus is within the Estuarine Waters and Public Trust Area AECs. The existing water depth at the waterward end of the pier is approximately 14' and with the proposed extension according to the applicant would remain at approximately 14'. A CAMA Major Permit (#26-86) was issued to the applicant back in 1986 authorizing the applicant to reconstruct approximately 250' of the pier that was destroyed during a storm. This project was completed. In 1989, the applicant applied for a CAMA Minor Permit to expand an existing catwalk around the pierhouse to a width of no more than eight feet and was denied. After an appeal to the Coastal Resources Commission, it was ruled that widening the deck from four feet to eight feet did not constitute development as defined by LAMA, and the work was completed. In 1992 a CAMA Minor Permit Application for the construction of a deck and gazebo on top of the pierhouse was applied for and was denied for its inconsistency with the use standards for the Ocean Hazard AEC. FIELD INVESTIGATION REPORT: SPORTSMAN'S PIER, INC./CARTERET COUNTY PAGE #3 Project Description The applicant proposes to extend the Sportsman's Pier farther out into the Atlantic Ocean and past the "mud line" by adding a 40' section and a 150' by 20' "T" at the waterward end of the existing 1000' pier. In addition, the applicant proposes to build an uncovered 50' by 40' deck on top of the nonconforming existing pierhouse/tackleshop/cafe. The deck will have 42" high benches constructed around the perimeter. Anticipated Impacts The extension of the pier as proposed would result in the coverage of 4,200 fe of Estuarine Waters and Public Trust Areas of the Atlantic Ocean. The driving of the pilings would result in construction-related increases in turbidity. The 150'-wide "T" may pose a navigational hazard to boaters as well as to the surfing interest in the area. In addition, the extension of the pier and the construction of the 150'-wide platform would probably cause additional "buffer" areas to be created around the pier. This additional buffer could potentially impact boaters, fishermen, surfers and swimmers in the area near the pier. As proposed the construction of the 50' by 40' deck would not increase the footprint of the nonconforming structure but would provide an additional 2,000 ftz of decking for the public/customers to eat/drink and view the ocean. M. Ted Tyndall - Morehead City Office - 5 April 1995 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 dl "• C-r- ?v Address 111,10. City ),t Z&V77( 1 State N• C , 2/9 7a6-G//? Zip- Day phone 172!j ?6 Gf?7a L,,?/_ Landowner or Authorized agent b. Project name (if any) /F? c. If the applicant is not the landowner, also give the owner's name and address. 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? X90 )S/ c. Will the project be for community, private, or commercial use? CGMrI <f A d. Describe'the planned use of the project. ,oMM114a E 7-n Ab"g z /c o ,4E C,< 7z^ !/:c r? 42 ?? . et , E42:4 /,- 14 e-:Ymj?,o ple-w 7y 6F7' ,Bc-yn??D M!/,?b ,?e n1 E7? PrrNP/NG aiME ,G'Y ?Rf'f n? c??6i.??Ks 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract RP/??X 7c? X /nD f%A? R` b. Size of individual lot(s) A14 c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number _VV AVAA y /Sf 41V Q ",4' ,/E d. Soil type(s) and texture(s) of tract s?.V.O e. Vegetation on tract d9c-/I L b. City, town, community, or landmark c?nN f. Man-made featuieo- now on tract c. County d /? Zz7e E-T d. Is proposed work within city limits or planning jurisdiction? IVIL S e. Name of body of water nearest project ,17Z#9A17_ 674rW Al 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).IJarf[c-y tr77, E-6K an/ 7VP OF EX I sr/.?N; Pik 9?01e-s 4?7 g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) ortservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? /t'?SORT CyMM,-? c 141 i. How are adjacent waters classt ted? 06&W A1 S 3/91 j. Has a professional archaeological survey been carried out for the tract? A42 If so, by whom? 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of uildings, facilities, or structuresproposed b Vlv „/E F ?E b. Number of lots or parcels _ N A c. Density (Give the number of residential units and the units per acre.) d. Size of area to be grade¢ or disturbed 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 o the Division of Land Resources?_ f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such aspavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. A/ h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management?_ n//A i. Describe proposed sewage disposal and/or waste water treatment facili *es. j. Have these facilities received state or local approval? N/a k. Describe existing treatment facilities. ?Y?S;i?L S?p'i is TA???( ,?nR .661/LL??G 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). ?U.t/T1,f F O,`J tai rt r/I ,- I 2 -Gnr l '7r I? r?At'r3E .sol 7? Tt17 7r(-%/ -573%f in. Water supply source 4714,.17-1c. e n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. ri,Qc PF?aF'c pTY 15 '24oRoy1pc-Z7 F-V,? PII.QG/G ?LCE3S - 7TH UZ- ?iPL?/?GTS k:-- le y ,PALO EO 79 o. If the project is on the oceanfront, what will be the elevation above- mean sea level of the first habitable floor?i-s77.?/? r- 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) 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 excavate rom below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? A1 1A e. High ground excavation, in cub3/91 A414 f. Dimensions of spoil disposal area g. Location of spoil disposal area h. Do you claim title to the disposal ar a? If not, attach a letter granting permi sion from the owner. I i. Will a disposal area be available for future maintenance? j If so, where9 j. Does the disposal area include any ttarshland, swamps, or water areas? II k. Will the fill material be placed below mean high water? I 1. Amount of fill in cubic yards m. Type of fill material n. Source of fill material !!I 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? What type of construction equip T Tent will be used (for example, dragline, backhr? or hydraulic dredge)? s. Will wetlands be crossed in tr sporting equipment to project site? If yes, explain steps that will be taken to lessen environrnen?al impacts. 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 8 ADDITIONAL INFORMATION 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 carry out the project. /JcEo lgveK 401 ?°AGF ? ?'7 An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.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 18 high 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 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Management and should be advised by the applicant of 7 a. Length of bulkhead or riprap that opportunity. b. Average distance waterward of mean high water or 1 , ?. ,.? normal water level d ?` FED .1 5 1?Q5 DATE-a-1 3/'91 ' ??1 Name ?iQ!/lam ZX?G 17 -7, 0 1'7 Address y' ;/,?«E GARNER ;t/ c f-, g s? JP Name 77 taiit? z9,-?_19 An?!,-= Address zgnX /O Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing date '(,,&-_1-*'u3 s'>?aaM,O -6?6 /Q? ,_- /J&?; 7X 1Y P p/ER -it 2?1- 02 _ q ;L iy, n/V q _1qH4 PCYi,trr Oezf!l A check for $250 made payable to the Department of Environment, Health, and 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 certii'y 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. rni 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 day of Za-z 19`l S X Landowner or Authorized agent 4 3/91 /QIPAk/N ^' ' ? c ,8 14 o/ Tt iv r D PT 3-ls--9,?- r4iPAR?AR?? ?RoAa G1R? ? ? c. a?saq (? 70 MD E EA G1'Y PRO x N?wgoor?ra? D?rH /?'n?' j V / 5? Fre't' REVISED r DATE E B 1 5 1x95 L F ui! _ S ,? 4D o? - 2 Ct` woo w...................¦¦¦? P? F,7fJ/? r /11J i`rlL"rc'.?f? ?h t?y REVISLD DATE D FEB 1 5 1"4a r1ll, I ?G 1 o" J ° f'ADER IIAIIP PD 7' o . ? Rr oll I p -S Sog4-7 4697FZ9 X11 :I P/ L /NG 5o j' ?r G A! S jr f IY GAG Y'67 LT S X BRACE g,L rs 1 , 0 5 y-,R ?AI&4; RS 1 14 X S X ao 0ECK/n?G- S'A A AID Ti' Al L p05 X Ok 77?/'( a X yA lY D iPA! r oZ 0 ?I- DHO, G-,4L Y 7-h r NSADE -f- STTZII/G ?l45 Pf ?? ' Tro OATS _ _ P' ANTIC 19FAC H lei', L,, D (J FEB 15 1r-g5 f ?'rrrwrrwr ¦ • rrwwrw w¦ w??? ? ?2 Qc GI'? bnJ C,Y1jTl?G P/?? C k'o.55rC i/VA' =-`'-5- REVISED DATE= ] ?e r?rmf F E B 1 5 1995 ?iT+TF P'fi Ju , h LVQ C U? .--1 C: w c ? ., OD 'k 4 k ^lq 5 1ryvvl ?O h p 0 ti C] s n n it `O