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HomeMy WebLinkAbout19951002 Ver 1_COMPLETE FILE_19951005State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director IVA [D EHNR November 6, 1995 New Hanover County DEM Project # 951002 APPROVAL of 401 Water Quality Certification Mr. Michael Britt P.O. Box 1099 Carolina Beach, NC 28428 FILE Dear Mr. Britt: You have our approval to place fill. material in 468 square feet of wetlands and 340 square feet of waters for the purpose of repairing a bulkhead at 400 Lake Park Blvd., as you described in your application dated 4 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely ?! qsP t on oward, Jr. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM 951002.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKINS DATE: October 16, 1995 Tt AD1 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 95 PERMIT NO.: 951002 COUNTY: New Hanover PROJECT NAME: Michael Britt PROJECT TYPE: Bulkhead PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: ,Q F REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 c?G ? *STREAM OR ADJACENT WATER BODY: Carolina Beach Yacht Basin ?e F? ` ?: CLASS: SB STREAM INDEX #: 18-87-31.2 OPE O 41, 2 ?P, 49 N OR CL SED: Closed T 9 WL IMPACT: Yes WL TYPE: SM WL REQUESTED: 0.01 WL ACR EST: Yes °Fs WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECONEM ENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to replace a failing bulkhead , construct a deck and install mooring pilings. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: WQC 3025 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: 340 sq. ft. WETLAND: 468 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A 951002.Oct Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? 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 Fp` " DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT _ OCT " 1. APPLICANT'S NAME: Michael Britt 2. LOCATION OF PROJECT SITE: Adjacent to the southwest side of the Carolina Beach Yacht Basin at 400 Lake Park Boulevard in Carolina Beach, New Hanover County. Photo Index - 1989: 178-10; gr:17-0 19844: 17-211; gr: 14-S State Plane Coordinates - X: 2335350 Y: 106100 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/25/95; 03/02/95 Was Applicant Present - Yes; No 5. PROCESSING PROCEDURE: Application Received - cc: 08/31/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carolina Beach Land Classification From LUP - Developed/Conservation (B) AEC(s) Involved: EW, ES, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal System Planned - None (F) Type of Structures: Existing - Rental Duplex, Pier, Failing Bulkhead Planned - Bulkhead, Deck, Mooring Piles (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED INCORP (A) Vegetated Wetlands Borrichia frutescens. 468 s.L wtina patens (B) Non-Vegetated Wetlands Shallow Bottom 340 s.L (C) Other Open Water 1800s. f. High Ground 200 s.f. (D) Total Area Disturbed: 2,608 s.f. (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: Applicant proposes to replace a failing bulkhead that is breached at high water, construct a deck, and install mooring pilings. Page 2 ' 9. PROTECT DESCRIPTION 09/11/95 The project site is a 15,000 square foot residential lot in a commercial area. There is a duplex and free standing garage on the property. The property is located behind a Domino's Pizza, adjacent to the Carolina Beach Yacht Basin. There is a residence to the north, and a commercial fish house to the south. There is a 64' x 6' pier on the property. The bottom in the basin is primarily sand. The Carolina Beach Land Use Plan classifies the area as Developed/Conservation. The waters are classified SB by the Division of Environmental Management. The area is not a Primary Nursery Area, and is closed to the taking of shellfish. The proposal is to replace the failing bulkhead in place with a timber wall, and overhang the wall with a 6' wide deck. Six mooring pilings are proposed for docking. The existing bulkhead is breached to the point where mean high water comes approximately 4' behind the wall, and is cutting under the escarpment. There is a fringe of wetlands orrichia frutescens and Spartina atens approximately 8' wide along the water from the existing pier to the north end of the lot. From the pier southward, the wetland fringe diminishes to approximately 2' wide. These species are overhanging the escarpment and are being lost to tidal action in large chunks. There are no wetlands on the basin side of the bulkhead. The applicant proposes the, replacement of the bulkhead in its existing location, approximately 83' in length. A 6' wide deck is proposed to parallel the bulkhead. Six mooring pilings are to be placed on the north side of the pier. These pilings extend approximately 50' from the deck, and terminate at the pier head line with approximately -8' mean low water. No waiver has been submitted with the file, and the mooring pilings are proposed on the property line. 10. . ANTICIPATED Il"ACTS The proposed bulkhead will cause the filling of approximately 468 s.L of wetlands, and 340 s. f. of sandy bottom. Approximately 200 s.f. of adjacent high ground will be disturbed during bulkhead installation. The deck and mooring pilings will incorporate approximately 1800 s.f. of Public Trust Area, and will have the mooring potential for 6 vessels. No hazard to navigation is present as the project terminates at the pier head line. Temporary turbidity increases can be expected during construction. Submitted by: T. Barrett Date: 09/11/95 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 M 1 CO &r-- L_ 1=-? P.I - i If you plan to build a marina, also complete and attach Form DCM-MP-2. P41 b. Is the proposed activity maintenance of an existing project, new work, or both? 79 CQ-r-H c. Will the project be for community, private, or commercial use? PP-1 \JA-77i= Address O. City CoLi uA A& r State d. Describe lanned use of the project. LEI 7-Z Zip 28 42-0 Day phone 4; --33 ?, 11 ? Landowner or Authorii gent Qq v 1 tAUG 31 1. -9 <. b. Project name (if any) aA - ) I V I ' Q?!-Q F Boas 1_ I?kadIAnAtD WATER c. If the applicant is riot the landowner, also give the - CHARACTERISTICS owner's name and address. ,Q Q 2 LOCATION OF PROPOSED-?J FE PROJECT _,/1 a. Siz of entire tract nd ividua l lot(s) ? x 3Qo ?' Elevf tract above mean sea level or NoationW 11G ?Q eodetic Vertical Datum ' 1005 +_7, a IUIuk C$pil type(s) and a.. Street address or secondary road number 5a2k 13Lyn b. City, town, community, or landmark c. County Ali©?L?Q- d. Is proposed work within city limits or planning jurisdiction? ?? e. Name of body of water nearest project- lr QEi_ -r'o My,tot PA(._ MAQiua. 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)._ _ L LL_ 3/91 e. Vegetation on tract DO&E-STIC - DG,o?r/T S. f. Man-made features now on tract doo-z 57/QAZG g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional eveloped Community Rural Other h. How is the tract zoned by local government? B cas1o?S. . R i i. How are adjacent waters classified? ?g j. Has a professional archaeological survey been carried out for the tract? ?_!? If so, by whom? r 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units ?e units per acre.) d. Size of area to be graded or distur e. If the proposed project will disturb more than o acre of land, the Division of Land Resource, frt receive an erosion and sedimentation control Ian 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? in. Water supply source n. If the project is oceanfront development, describe e steps that will be taken to maintain established ; c beach accessways or provide new access. J ISO ?'project is on the oceanfront, what will be the evation above mean sea level of the first habitable floor? 6 EXCAVATION AND FILL INFORMATION 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 a's marl, paver stone, asphalt, or concrete, to be used for paved surfaces. 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. a. Describe. below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (1,?WL) Boat basin Other (break- water, pier, boat ramp, (occv-) rock jetty) Fill placed in wetland or below MHW Length Width Depth j. Have these facilities received state or local approval? Upland fill. areas k. Describe existing tr,4atment facilities. Dcri c tin aid type of .,discharges to waters of the state exarriple surface runoff, sanitary waste?!ate _i. ustn commercial effluent, "wash MENT b. Amount of material to be excavated from below water level in cubic yards c. Type of material d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards , 2 1 3/91 f. Dimensions of spoil disposal area QA1 g. Location of spoil disnosal area h. Do you claim title to the disposal area? ! J 0 _ If not, attach a letter granting permission from the owner. i. Will a disposal area be available f r future maintenance?_ QQ 'N If so, where? Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? _ 00 1. Amount of fill in cubic yards I•l?a m. Type of fill material PA n. Source of fill material ?A o. Will fill material be placed on marsh o?other wetlands? p. Dimensions of the wetland to be filled fi q. How will excavated or fill material be kept on site and erosion controlled? WA r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?_ s. Will wetlands be c ssed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. k).& 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 90SL__ b. Average distance waterward o, frnean i h water or normal water level f?/U t1,(/,(j . 3/91 c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material st;6wo4o e. Amount of fill, in cubic yards, to be placed below mean high water _ 0 0 L)C f. Type of fill material - U A, 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 irk t? deb cant claims title to the 't is not claiming to be af`fe t? roper?? t 1e rth tli ~ er of said propertrwa rd a copy of the d- r o t s d , *ch the owner claims title, plus?n= n from the owner to carry out the PrOjeSI VISION OF ,OASTAL MANAGEMENT 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 omments on the proposed project to the Division of oastal Management and should be advised by e applicant of that opportunity. ( I y_, TM. i 7 j ?, !i ?l 3 ._q Name a Address O Name 13?_isZ:4a)p IXR" Address r= P,6 13LV01 E? Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. 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- p,oved 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. (T• , 19 %.J This is the day of A signed AEC hazard notice for projects in oceanfront X ? , and inlet areas. Landowner or Authorized 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 Carol' Environmental Policy Act (N.C.G.S. 113A-111?? \ \s\c ?0 00 ^. --7 f ,'\ Vm 7 7 77 i ^1 4 9 e ;!f V',e 3 CF 4 ! 3/91 Contip_4e on PA e 83 ELIZABE iHTOWN` 6 Continue on Page 84 7 WILMINGTON 77'50'50' "Pq + talon \ _ - ` „L -' Po Braund _1 - - (1 ?. _ - 34•07.30• PX1. a !?, O ^ ° :°; 421 - _ - 3 E- - EEU-P 8?r #a` P _ ` P 1 -.`? Si r \ « wy?.o ?¢ - ` \? _.; Tows' \ 1 1 e EL \ caoar .ry TJ ±' . '- , n\ '_-? pP Mi4Ce i q? 2 Furl }? w ,-"? i' `+` 8 F1?? I. Aldo IMrt w ? _• 'F -° ? -'i. _ u _ r; 'r° ~\NMyip11. } I Cbarr Z at^? ? EKx ?± - X74 / ' _ \I r _ k I ? _ 1T `.T - ?? = - - ?? -` t` zti??• ~(,erpllna Beach ^ ._? 3 0A FO !, ? ? \ etty: ? Mtl(i ? ? ?1 .__' 7 lef o dlw f . ?FIoMi ?..` Pad - ^ f' ?o r Fly Rlw. AC # 4# A. `. "` /^ - `` 4. A0: T lJ owB s + A se 40 niT V T \ ? , ?? /? J J \ t? Ca of " Beach Fish Per rap ESP -( EACH f eai: Patr\k?.I c Aieto A v5i ^ n. _ '?L - ice" I33µ / - + - ?, , tI0 ,?l ,(,,, CenterPer lit ILITARY OCEAN TEeaxif ! t l _ JJ aayy y?r « w d`6 \Rssvea Ill Landin? Ktue Bed - . .w """111 FmhingPi, Kum Beech J Bo FORT FISHER IR FORCE STA -/?-r- Sml[4 '`I s``•'11?1 '\` \ f T ° _t3 \\ i ^(?? ?`lrE p. x\2yn _e 3 2 _ 217 /\ \ t - - PPM d Jy=` - 5 or! fl h t t" f a sue., cr f /./ 421 . - - i J Fort Fish iT T er s / yi e3?Z eo . P(o; Fort Fisher SPA - '_ FMHM srATE RECREATION AE /Dmll __-. y_' 1 .p .y3o •_! R 1 OBiKE J??jSouthp9??-4t a ' _ -R? _•-« ; _ .inoom _ \ r? 3 yFOr1 f skeo r Ferry - B 1ek i•,. 211 ??,.+ A ash L - / e+u G. -y A mort/ w Prt-: " H(j _ 71? s Gee 5 ^ng Long Beach _ I o-J uLSOrv J 'se v ., .'LongB ch 0a4 f ar°- 4e \71 4r _ - `OceanGes'y up tL xo ?s?-y.. _ Ua r,?l 3 iee><h f P -a .f 1 :1 , 1 Y - 'lT';a - k ? ?L?S?a? •Z-a?'-?#. I `? 'rA, + -0' F 4 ? ? ? .? mI - Y 4 y 4 i Cape r, .:r - - Q, T- r. - - C PROP. OF: G.G. HARWARD LEE'S LANE CAROLINA BEACH, N.C. 6LF WING PROPERTY LINE (NEW)-,_ EXISTING RETAINING WALL (f85LF) TO BE REPLACED WITHIN t2' ?? OF PRESENT LOCATION.--% ( A '?- ? i cV ? T w O ? Xis 33LF } S-3:,?6 3,t i Si as;;s• MW.UU ?s3 m N N NEW DECK 6LF WING (6' WIDE) (NEW) x1p ?s>9'? -POPE'P4 "EINE ! O 0 oI EXIST. DEC PROP OF: BLACKBURN BROS. INC. 440 LAKE PARK BLVD. CAROLINA BEACH, N.C. ±68' FROM !EXISTING WALL ±58' EXISTING WALL H.W.=+4.0 1 TO REMAIN (ON EXISTING WALL) / ?-L.W.=0.0 i NEW TIE PILE i NEW BECK -(6' WIDE) • EXISTING PIER i? 4' WIDE x 64' LONG N O,ko roc EXIST. TIE PILE (4) ±38' ±50' • 42 / O Z .boe /Q Q US PLAN 20 0 n ! zoo(,.,, SCALE IN FEET/ Il AuG WALL W RETAINING N C T 1 Vlsi N 0F NE (6' lt) A? ?lgNq Ean as. aev. +7.0 rev. +7.0 - +zo ' q o.u _ L.W.=O.O BACKFILL ?-------- 2 V 4 X0 .`ry? p0 .v X a v ST. BOTTOM SECTION A 20 0 20 SCALE IN FEET ELEVATIONS AND SOUNDINGS ARE BASED ON L.W.= 0.0 MAINTENANCE OF DOCKING FACILITY REVISED AUG. 95 AT 400A NORTH LAKE PARK BLVD. CAROLINA BEACH, NEW HANOVER CO., N.C. BY CAPTAIN MICHAEL E. BRITT P.O. BOX 1099 CAROLINA BEACH, N.C. DRAWN BY Wm. H. WARREN, JR.