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HomeMy WebLinkAbout20080524 Ver 2_CAMA Application_20180123Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director January 16, 2018 1(@ [90 [2 L5 D TO: Karen Higgins ,JAN 2 3 2018 401 & Buffer Permitting Unit DWR/Water Quality Permitting UR ES UFF P R ITTING FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD_ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Marc Noel Project Location: 1809/1813 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek, in Wilmington, New Hanover County Proposed Project: to remove an existing fixed platform and expand an existing floating dock Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 9, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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 DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marc Noel c/o Ed Flynn 2. LOCATION OF PROJECT SITE: 1809/1813 Futch Creek Road, adjacent to Bald Eagle Canal and Futch Creek, Wilmington, New Hanover County. Photo Index — 2006: 22-7431, J, K- 24 Latitude: 34°17'58.33658"W Longitude: 77°44'41.41255"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —1/11/2018 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received —1/11/18 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - boat basin, bulkhead, 2 docking facilities each consisting of a platform and floating platform, and the southernmost facility includes a boat lift Planned — remove existing platform at northernmost facility and expand existing float at northernmost facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FII1ED OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non -Vegetated Wetlands en water -318 ft2 (Incorporate (C) Other (Highground) 1,925 sq. ft 4,180 sq. ft. (D) Total Area Disturbed: 0 ft' (net reduction in incorporated area by 318 ft') (E) Primary Nursery Area: Yes (F) Water. Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to remove an existing fixed platform and expand an existing floating dock. Marc Noel c% Ed Flynn Page 2 9. PROJECT DESCRIPTION: The project site is located at 1809/1813 Futch Creek Road, adjacent to Bald Eagle Canal and Futch Creek, in New Hanover County. To locate the property from Market Street (NC Highway 17), turn onto Porter's Neck Road and travel east approximately 2 miles. At the stop sign, turn left onto Bald Eagle Lane and travel north approximately 1 mile until you reach Futch Creek Road. Turn left on Futch Creek and the property of interest will be located on the right. The lot is approximately 1.23 acres and averages 12' above mean sea level. The applicant's property consists of a single-family residence that is currently under construction. Upland vegetation consists of ornamental landscaping, maintained lawn grass and hardwood species, primarily Oak Trees. The approximately 250' of shoreline is partially stabilized by riprap adjacent to an existing manmade basin located on the northern end of the property. The basin is also partially stabilized by a wooden bulkhead. The remaining shoreline is bordered by coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alterniora), which covers an area approximately 5'-10' in width. There is also an area of coastal wetlands adjacent to northern end of the basin spanning an area of approximately 50' in width consisting primarily of Smooth Cordgrass (Spartina alterniflora). There is an existing fixed platform measuring approximately 10' by 35' with a ramp that leads onto a floating dock measuring approximately 8' by 36' within the basin. The application states that the existing docking facility currently accommodates two (2) vessels in water depths of approximately —5' @ normal low water (NLW). The facility along the northern end of the shoreline was authorized via State Permit No. 83-08 issued to Mr. Noel on 5/30/08. In addition dredging was authorized by that permit and it remains active for maintenance dredging purposes. 1809 Futch Creek Road was recently combined with 1813 Futch Creek Road. There is an existing docking facility near the southernmost end of the newly combined property, however no permit history could be located and no changes are proposed for that facility. The southernmost docking facility consists of a platform measuring approximately 14' in width by 12' in length with a ramp leading to a floating platform measuring approximately 30' in length by 6' in width and oriented parallel to the channel. There is a 13' by 13' boat lift at the northernmost end of the existing floating platform. There is potential for dockage of two vessels at this facility it water depths measuring approximately -0.5' at NLW. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Futch Creek are classified SA by the Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to remove an existing fixed platform and expand an existing floating dock. The application states that the existing fixed platform at the northernmost docking facility measuring approximately 35' in width and 10' in length would be removed. The existing 36' by 8' floating platform would be moved closer to the existing bulkhead essentially resulting in an expansion of the usable basin area with the addition of a 4' by 8' section to the end of the existing float. The dimensions of the new float would be 40' by 8' and it would continue to run perpendicular to the canal. The application states that the new configuration would accommodate up to two (2) vessels at the northernmost facility. There would also be existing dockage of 2 vessels at the southern facility which is to remain unchanged. 10. ANTICIPATED EVIPACTS: The proposed docking facility changes would result in expansion of the basin and would reduce the incorporation of Estuarine Waters and Public Trust Area by approximately 318 W. The proposed expanded floating dock would accommodate up to two (2) vessels in water depths of approximately -5' at NLW. Minor increases in turbidity Marc Noel c/o Ed Flynn Page 3 should be expected during construction. The docking facility would be located entirely within the applicant's basin and would conform with the 1/4 width distance rule and the established pier length. As proposed, the applicant's proposal may encroach into the adjacent riparian corridor 15' setback requirement for which a waiver is being obtained. Submitted by: Courtney Spears Date: 1/11/2018 Office: Wilmington ON `NOIJNIWIIM WOp Q3A13O321 sjioda;d N s6u'l!d ,,, s4PI)O8 N sl:)oq 6uipoI j N sPoayMln8 N SJaid SJD3A c,£ Janp JOJ aoinJaS uo4:)n4suo.1 auijvW 9. ajdwo.-) pasodo✓d a✓a sdi/s 4Doq /nuoi4lppn mau off/ WOW' J d OntN�Ll (80-£8# 4!cu✓2d ✓o/bW dWd.�I 8002 ui pa6pa✓p s m �! aouis Da✓D uisoq aq4 ui dnp/inq 411s anotua✓ 111M 6ui6pa✓p aounua4UIDIu pasodo✓d ay1 na✓D uisnq aq4 04w -YoDq ✓aye✓nj , g pa4Doo/ aq //iM pop 6ui4no/j Mau aye '�/oap 6ui� : xa aq4 Jo /Dnowa.✓ aq4 y4!1;1 /assaA O/, Mau s✓mmo aq4 a4DpowwooDD 04 )/-?Op 6u14n%C ,Okx,B un y4lM JYoop 6u14ao/J , grxg 6ui4sixa aq4 aov/da✓ 'uisvq aq4 Jo ✓Dar aq4 6u/.JaAo-7�/oap ,S�x,O j D a^ owa✓ 04 si 4Sanba✓ 4!w✓ad a yl 6ui6pa✓p a.?uDua4g1Dw w✓o4✓ad puD uisDq 4Doq s✓auMo aq4 klg4!M .t cyiDDj )/-?Op gUl4sixa aq4 04 su014D.?1J!POw W/Dw 04 si Tfkg,? :2 N 'uo46uiw/iM 'par )/aa✓,? q -74n4 £I81/608t PON O✓DW ✓W ✓oJ u014DOII&D 4!w✓ad ✓OPDW yWd,7 paso/oua ay1 :g N 'u0491Ow/11M tUON 9TOZ A✓DnuDr 6 woo-uslu&41j2.-#vwa Z90£ -95Z-016 "WaUoyd so.yXg PoM✓n0 09*9Z '.7N 'yaoag OWA44Vg'JM OdU P3 4do.? 898 Xog O d •our sJO4-?D4uo? auirory 9 F d AMI-TwNter N N r ®eNi�p Pelt (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information project Name (if applicable) Business Name Applicant 1: First Name � � 1 MI Last Name ��J/ MI Last Name Applicant 2: First Name If additional applicants, please attach an additional page(s) with names listed. City PO Box Mailing Address� ��� ���C� fi j'� Country Phone No. +� ZIP 14 /l �)d l� city State Street Address (if different from above) Email / 6 "-e/ 2. Agent/Contractor Information Business Name MI Last Name Agent/ Contractor 1: First Name s Agent/ Contractor 2: First Name MI Last Name PO,43ox Mailing Address b3 Phone No. 1 ZIP 1/0 -'�i Contractor# FAX No. ci, ' 3vG�- City Street Address (if different from above) Email / 4A <Form continues on bock> State FAX No. ZIP - City �St ate & 4 Uww- A Phone No. 2 ext. State I ZIP RECEIVED DCM WILMINGTON, NC Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (canpe multiple) Street Address &A 1241 State Rd. # O �A - �l3 d. Approbmate elevation of tract bove NHW (normal high water) or NWL (normal water level) Subdivision Name City State Zip �� � f. Man-made features and uses now on tract bvV m Y'�vi G Phone No. Lot No. (s) (if many, attach additional page with list) q) 0 -'Az - 3&6-;L ! ice,I , a. In which NC river basin is the project located? b. Nalne of body of water nearest to proposed project s c. Istowater body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. IgNatural ❑Manmade ❑Unknown /faiDui e. js qkposed work within city limits or planning jurisdiction? C If applicable, the planning jurisdiction or city limit the proposed VVes ❑No work falls within. ► 1rt1r� )6 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 19 �es c. Size of individual lot(s) 9 Y 1�7 jl d. Approbmate elevation of tract bove NHW (normal high water) or NWL (normal water level) r (lf many lot sizes, please attach 'adds additional page with a list) ❑NHW or NWL 0� e. Vegetation on tract t fiv1J Le f. Man-made features and uses now on tract �i 1� f�11l, rj 1701190 g. Identify and describe the ebsting land uses adjacent to the proposed project site. h. How does focal government zone the tract? I. Is the oposed project consistent with thea icable zoning? 46'4L-7714/ (Aftzoning compliance certificate, if ap cable) as ❑No ❑NA VL-V7141 j. Is the proposed part of an urban waterfront redevelopment proposal? ❑Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes 19ho ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes TAo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC Form DCM MP -1 (Page 3 of 4) m. () Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (I) or (n) above, has a delineation been conducted. (Attach documentation, if avaflable) n. Describe ebsting wastewater treatment facilities. o. DescribA ebsting drinking water supply source. p. Describe ebsting stone water management or treatment systems. S�c� it��1t-1. _ APPLICATION for Major Development Permit M//Yes ONO '67ifes ONO Oyes I/No 5. Activities and Impacts . a. WitI the project be for commercial, public, or private use? 4ommercial ❑PublictGovemment Private/Cen+n+nnihr b. Give a brief description of purpose, use, and daily operations of the project when complete. 190A k --JW *'17VW 77) 01slW dOtA� 1i �� 1i�Zc v�twvr ti ra y t4Ls1"✓ mwas"I JJ c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. P0 d. Udall development activities you propose. ,r • e. Are the proposed activities maintenance of an e4sting project, new work, or both? J�1='w iJu� f. What is the approbmate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Witt the proposed project encroach on any public easement, public accessway or other area ❑Yes 9No ❑NA that the public has established use of? h. Describe location and type of e)asting and proposed discharges to waters waatersof the state. ! 7c, `�� ;ice+ i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA j. Is there any mitigation proposed? oyes o 0 N If yes, attach a mitigation proposal. <Form continues on back> TEM o�rr=i� ED DCM WILMINGTON, NC Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit & Additional /nfo►madon In addition to this completed application form, (MP -1) the following gems below, if applicable, must be submitted in order for the application package to be complete. tiems (a) - (0 are always applicable to any major development application. Please consult the appikation instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name i)-moTiN )Aw Phone No qj b - 6 Address 110D 4tjfy`j ) , �t/j�lf►tG Name ll�t>lra PnoneNo.J1�-V . D Address J��% l,K 71t) a�1�r Z/OY# 11 Name [ Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Lams M •- $r e3��� , 30!�9/l�� a� h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. I I 3 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I 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 the project. I further certify thattheinformation provided in this application is truthful tote best o my knowledge. Date �fi) '� Print Name Signature Nh- P Pse indicate application attachments pertaining to your proposed project. DCM MP -2 Excavation and Fill Information ODCM MP -5 Bridges and Culverts X M MP -3 Upland Development M MP -4 Structures Information o�rciv�p DCM WILMINGTON, NC Form DCM MP -4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACIUTY/MARINA CHARACTERISTICS a. () Is the docking facility/marina: ❑Commercial ❑Public/Government Private/Cor c. (t) Dock(s) and/or piers) (ii) Number NIP (iii) Length !/ (M Width (v) Floating ❑Yes ONo e. () Are Platforms Ind ? �Yes ❑No If yes: (ti) Number (ill) Length (iv) Width (v) Floating ❑Yes Note: Roofed areas are calculated from dripfine dimensions. g. (t) Numb of slips proposed L1—:119'P4 (a) umber of slips existing i. CChe5 the proposed type of siting: ❑ )Land curt and access channel Open water, dredging for basin and/or channel []Open water no dredging required ❑Other; please describe: I k. Typical boat length: t M. () Will the f8plity have fie pilings? ❑YesN&O (ii) If yes number of be pilings? ❑ This section not appikable b. () Will the be open to the general public? ❑Yes ze d. (!)Are Finger Piers included? Jes ❑No yes (t: , L (i)Number r)C �j v t1 (III) Length (v) Floating Yes []NO DydL f. (t) Are Boatlifts included? ❑Yes LNNo If yes: (u) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (/vet slips") only, number of slips: ❑ Dry storage; number of boats: ❑at ramp(s); number of boat ramps: tO0t�heerr,�please describe: T YAI� j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boat, mined types). o+sn 1 I. (i) Will the fa411ropen to the general public? ❑Yes R DCM WILMINGTON, NC 2. DOCKING FAC►LITY/MAR►NA OPERATIONS I I i Vfhis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaidocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED N, NC a n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? OYes ONo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW ❑SAV OSB OWL ONone p. Is the proposed marinaidoddng facility located within or within dose proximity to any shellfish leases? ❑Yes ONo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lilts) ` mThis section not applicable I a. (i) Is the boathouse structure(s): ❑Commercial OPublic/Govemment ❑PnvatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. [. GROIN (e.g., wood, sheetpile, etc If a nock groin, use MP -2, Excavation and Fill.) f t6This section not applicable I a. (i) Number (ii) Length (iii) Width S. BREAKWATER (e.g., woW, sheetpile, etc) ' Zit IVThis section not applicable I a. Length b. Average distance from NMN, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands & MOORING PILINGS and BUOYS `/ f '(%!This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Govemment ❑PrivatelCommunity c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL RECEIVED DCM WILMINGTON, NC a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. f LSA t I&I Note: For buoy or mooring piling, use arc of swing including length Of vessel. c. Width of water body 7AD e. (i) Will naaig onal aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL - S /y !A/ I & OTHER ❑This section not applicable a. Give complete description: 02 I 14.4 CLtaoyg' fou �u� � Date Project Name Ap ' Applicant Sig re RECEIVEC DCM WILMINGTON, NC Mgill l4j.P-4 � X ga x -V x lq45-t x x - I x x X x LAW x x TOP OF 7thhow - E OF FUTCH Ir ) Q)tLsjm p ®r Or N ooc�- Affdj- 4afn in RECEI MAR 0 5 2= L -Y 26 DL 78 Acres V WILM W. 00,4_ IY* CONC. PA E VEQ f is 4A WILMINGTON, NG q�` JAN 1 1 2018 lerr-,7 k V mfir'LAW /Oa 8�9//�3 �� C� R� Gjiljn;Af77+� MI) ?V* F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 40 years! CAPT.'ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly@msn.com W' I g'AD rl� PA�e� Ck ,I. C?� 47/mda-Y 3 D�M WINGTON, NC