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HomeMy WebLinkAbout20150260 Ver 1_CAMA Application_2015030920150260 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R van der Vaart Governor Secretary March 4, 2015 9 -� MAR 0 9 Division of Coastal Management MAR 0 9 2M iNa$erQuali MEMORANDUM DENR - WATER RESOURCES Permitting Se tl " 401 & BUFFER PERMI I G TO Karen Higgins ,,n " r 1,44 401 Oversight `fG i �� DEWFER - Surface Water Protection go S �5 MAR09 2015 DENR _ 4 1 BU FER p ESDURG S rf FRlV I(4 NG FROM Jonathan Howell, NC DENR -DCM Assistant Mayor Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT CAMA Application Review Applicant: Dean Painter Project Location: 31 Pipers Neck, adjacent to Banks Channel & Middle Sound, on Figure Eight Island, New Hanover County Proposed Project: reconfiguration of an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 28, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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 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 N C Division of Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 Phone 910- 796 -72151 FAX 910 - 395 -3964 Internet www nccoastalmanagement net An Equal Opportunity; Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Dean Painter c/o Stephen Conway 2 LOCATION OF PROJECT SITE Site is located at 31 Pipers Neck adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County Photo Index— 2006: 24 -7408 0-2 2000:24-310J-5 1995: 24 -292 K -16 State Plane Coordinates - X 2373333 Y 185102 GPS —O 032610A Lat: 34 °15'07 84 "N Long: 771,45'5271"W 3 INVESTIGATION TYPE CAMA 4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 3/26/2014 and 3/4/2015 Was Applicant Present — Yes (agent), No 5 PROCESSING PROCEDURE Application Received — 2/20/2015 (completed) Office — Wilmington 6 SITE DESCRIPTION (A) Local Land Use Plan— Wilmington /New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved PT, EW (C) Water Dependent Yes (D) Intended Use Private (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures Existing- Private docking facility and timber bulkhead Planned- New floating docks (G) Estimated Annual Rate of Erosion N/A 7 HABITAT DESCRIPTION [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non - Vegetated Wetlands (Open Water) 148 sq ft (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed 148 sq ft (0 003 acres) (E) Primary Nursery Area No (F) Water Classification SA -ORW Open Yes 8 PROJECT SUMMARY The applicant proposes to reconfigure an existing docking facility within Banks Channel Dean Painter Page 2 9 PROJECT DESCRIPTION The project site is located at 31 Pipers Neck Road on Figure "8" Island, adjacent to Banks Channel and Middle Sound, in New Hanover County The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound Heading east on the causeway, turn right on Beach Road South and travel south to Little Neck Road Turn right onto Little Neck Road and take the next left onto Pipers Neck Road, the subject property will be located on the left side of the road Existing structures on the undeveloped lot includes a timber bulkhead and a private docking facility The project site is approximately 0 44 acres and is vegetated primarily with Wax Myrtles, Cedar Trees and native grasses The project site has approximately 86 linear feet of shoreline frontage along Banks Channel Located waterward of the bulkhead is a narrow area of coastal wetlands consisting primarily of Salt Meadow Grass (Spartina patens), with the Normal High Water (NHW) boundary located approximately 8 ft from the existing bulkhead The existing private docking facility was authorized under CAMA General Permit No 63201 -D on March 27, 2014 An existing access pier, measuring approximately 103 ft in length by 6 ft in width extends in a westerly direction into Banks Channel The pier terminates onto an uncovered platform, measuring approximately 14 ft in length by 15 ft in width, creating an "L- shaped" configuration towards the north A finger pier, measuring approximately 20 ft in length by 5 ft in width extends from the southern side of the platform, running parallel to the channel There are two (2) existing boatlifts, one on each side of the finger pier, measuring approximately 12 ft in length by 12 ft in width and approximately 10 ft in length by 10 ft in width within water depths of approximately -4 5' @ normal low water (NLW) (See Sheet 1 of 3 and Project Narrative) The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation The waters of Banks Channel and Middle Sound are classified SA -ORW by the Division of Water Resources They are NOT designated as a Primary Nursery Area (PNA) by the N C Division of Marine Fisheries and they are OPEN to the harvest of shellfish PROPOSED PROJECT The applicant proposes to reconfigure an existing docking facility within Banks Channel The application states that the dimensions of the existing uncovered platform would be reduced from approximately 15 ft in width to 7 ft in width A new access ramp would extend from the landward side of the platform and lead onto a new floating landing platform, measuring approximately 7 ft in length by 4 ft in width The floating dock would then turn 901 towards the west with dimensions of approximately 20 ft in length by 6 ft in width, creating an "L- shaped" configuration around the northern side of the existing uncovered platform The proposed new docking configuration would provide additional docking space for two (2) vessels for a total of four (4) vessels at the existing facility within existing water depths ranging from approximately -2 0 ft to -4 5 ft at NLW (See Sheets 1 through 3 of 3 and Project Narrative) 10. ANTICIPATED IMPACTS The proposed floating docks would incorporate an additional approximately 148 sq ft of Estuarine Waters and Pubic Trust Area The proposed structure would extend approximately 62 ft into a waterbody, which measures approximately 560 ft across This distance would conform to both the 1/4 width rule and the established pier lengths The proposed structure Would not encroach into the channel or the adjacent 15' Riparian Corridor Setback Area requirement Minor increases in turbidity should be expected during construction Submitted by: Robb Mairs Date: March 4, 2015 Office: Wilmington Southeastern Coastal Construction Company, Inc. DBA Southeastern Marine Contractors Stephen B. Conway, Owner- Unlimited Contractors License & Fully Insured 910.538.9737 6252 Towles Rd., Wilmington, NC 28409 February 17, 2015 To Whom It May Concern: Mr. Dean Painter would like to expand his docking facility in order to have the ability to dock his boat during the day without having to use his lift. It would also allow his guests to come and park their boats when visiting temporarily This could be accomplished by the installation of a floating dock. Thank you for your consideration regarding this request. Stephen B. Conway Stephen B. Conway Southeastern Coastal Construction Company, Inc RECEIVED IMM'Ap,- MINGTON, NC FEB 2 0 2015 Google Maps Google Dean Painter 31 Pipers Neck VVllmington, NC Page 1 of 1 OCM WlL%M3' � TON, SIC FEB 2, o2015 https:/ /maps google.com/maps ?ie= UTF8 &11 =34. 259096,- 77.765694 &spn = 0.027879,0.045... 2/17/2015 ON MP -1 APPLICHION for '0 Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT �� <Form continues on back> )C VVII�.��� IN(3Tu °�, FEB 2 V� 2015 Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address �% State Rd. # I in -W k�a t ©o-p'. B J ° / n Uedc / ql d Approximate elevation of tract above NHW (normal high water) or NWL (normal wafer level) Subdivision Name City w, �l State N. C__ Zip 2�- f Man -made features an uses now on tract k l (ryt � g Identify and describe the existing land uses adjacent to the proposed project site h How does local government zone the tracts i is the proposed project consistent with the applicable zoning? Phone Nq Lot No.( s) (if many, attach additional page with list) - ext - - a In which NC aver basin is the project located b N e of body of of water�neeaarest to proposed project National Register listed or eligible property? c Is the water body identified in (b) above, natural or manmade d Name the closest major water body to the proposed project site ❑Natural Manmade ❑Unknown ( C 's G , '_/ e Is proposed work within city limas or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed �P work fails within /!�,,. qq ,� 4. Site Description a Total length of shoreline on the tract (ft) ' b Size of entire tract (sq ft ) 9, ;�,,-7 1 g �" (a t 2.4 Size of individual lot(s) �� ( d Approximate elevation of tract above NHW (normal high water) or NWL (normal wafer level) (If many oil aes please att h �dthonal page with a list) � �NHW or ❑NLVL e Vegetation on tract rcu S C s f Man -made features an uses now on tract k l (ryt � g Identify and describe the existing land uses adjacent to the proposed project site h How does local government zone the tracts i is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) kt de "Ahi Oyes ❑No ❑NA I Is the proposed activity part of an urban waterfront redevelopment proposals ❑Yes 1No k Has a professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes o ❑NA If yes, by whom? I Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA National Register listed or eligible property? is k-, =11 V E.:� L—F <Form continues on next page> ()-ivl VVI MINGTON, NC = � 0Z 20th Worm DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (Q Are there wetlands on the sites Yes []No a Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government (u) Are there coastal wetlands on the site? es ❑No (m) if yes to either (i) or (u) above, has a delineation been conducted? ❑Yes [�No (Attach documentation, if available) / \\ n Describe existing wastewater treatment facilities c Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type 5/ B i. St o Describe existing drinking water supply source d List all Vevelopment activities you propose p Describe existing storm water management or treatment systems AJ / 4 n & ' F(pc V 5. Activities and Impacts a Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government nvatetCommundy b Give a brief description of purpose, use, and daily operations of the protect when complete FZew.p o r et 5 't++i pY -- A-'7-0- ll� e. 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 , r 1/Z ejt + S rj �n� �i /act —�1 S lu I' t—/ctah�i� ✓Ac�fl'` B i. St d List all Vevelopment activities you propose n & ' F(pc V e Are the proposed activities maintenance of an existing project, new work, or both? AJOiA Id f What is the approximate total disturbed land area resulting from the proposed project? ❑Sq Ft or ❑Acres g Will the proposed protect encroach on any public easement, public accessway or other area ❑Yes Kho ❑NA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state i Will wastewaAorstor water be discharged into a wetland? ❑Yes No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes *No ❑NA i. Is there any mitigation proposed? ❑Yes No ❑NA If yes, attach a mitigation proposal r - u_- vtwa V B-- <Form continues on back> r,)C'o w,"IBING7,TO s INC �} ; t 9 2015 Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete Items (a) - (f) are always applicable to any major development application Please consult the application instruction booklet on how to property 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, clearly 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 V 2-30. .to 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 19 kA ` e- Fit Tr- n Phone No Address Name ® 011k I Ck W e C_ 4'r-_� _ Phone N�oj Address `L(0k3 1J6��r f f 3T ^%330 ct 1 q- % _7°I— 4i .. — 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 J h Signed consultant or agent authorization form, if applicable i Wetland delineation, if necessary I 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 113A 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 7. Certification and Permission to Enter on Land I 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 that the information provided in this application, is truthful to the best of my knowledge Date Print Name S'T ��✓) �� ``'",�`'� /7 Signature L C Please indicate application attachments pertaining to your proposed project ❑DCM MP -5 Bridges and Culverts ❑DCM MP -2 Excavation and Fill Information 51DCM CM MP -3 Upland Development MP -4 Structures Information QED DC ilk �t �I � i LI iNtGT .ill, NG FEB 2 Form ®CM MP -4 A. (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Mayor 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 I., ©OOCKING FACILITY /MARINA CHARACTERISTICS sechon,r+ot applicable a (i) Is the docking facility /marina b (Q Will the facility be open to the general public? ❑Commercial ❑Public/Government ❑Pnvate /Community ❑Yes *0 c (i) Dock(s) and /or pier(s) d (i) Are Finger Piers included? ❑Yes �6No (u) Number I — If yes (w) Length 2—r— (n) Number (iv) Width _o (m) Length (v) Floating Yes ❑No (iv) Width (v) Floating ❑Yes ❑No e (i) Are Platforms included? ❑Yes No f (i) Are Boatlifts included? ❑Yes 54No If yes If yes (n) Number (n) Number (m) Length (w) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note Roofed areas are calculated from dnplme dimensions g (i) Number of slips proposed h Check all the types of services to be provided ❑ Full service, including travel lift and /or rail, repair or (u) Number of slips existing maintenance service El ckage, fuel, and marine supplies Dockage ('wet slips ") only, number of slips ❑ Dry storage, number of boats ❑ Boat ramp(s), number of boat ramps ❑ Other, please describe i Check the proposed type of siting ❑ Land cut and access channel ❑,.,�Open water, dredging for basin and /or channel LJOpen water, no dredging required ❑Other, please describe k Typical boat length m (i) Will th facility have tie pilings? El) es IX (n) If yes number of tie pilings? Describe the typical boats to be served (e g , open runabout, charter boats, sail boats, mixed types) rtth c,6cu--t` I (i) Will the facility be open to the general public? ❑Yes No �� CE�VED D� '\,1 ,,Afl AiNG i GN, NC c-8 2, 0 2015 252 -808 -28138 ;: 1.868- 4RCOASt :; v~DA-tviv,nccoastalma lag anient.net revised; 12127/06 nrm DCM MP- ( r r; �;ybs, Page 2 of 4) hisaecfon nofTp �icab�e Z"D OCKINGFAC IUTY/M4RNA`OEAtidkN§, ' a Check each of the following sanitary facilities that will be included in the proposed protect ❑ Office Toilets ❑ Toilets for patrons, Number Location E3 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 (u) Give the location and number of " Pumpout Available" signs proposed f Describe the special design, if applicable, for containing industrial type 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 m What will be the marina policy on overnight and live- aboard dockage? k Describe design measures that promote boat basin flushing? such as paint, sandblasting waste and petroleum products planned to protect area water quality I If this protect is an expansion of an existing marina, what types of services a1­4 cu m Is the manna /docking facility proposed within a primary or secondary nursery area? ❑Yes ` 3No 252- 808 -28+08 ;i 't- T388- 4RCOAST wvwv .ear= ��asSa�m�s�a�cm�r,4,ne� provided? F,DC- iE -AVE DCM VVIUMIN i CN, NC E� 9V e' 2015 revised: 12/27100 Form. OC x -4 (Structiures, Pafje 3 of a) n Is the marina /docking facility proposed within or adjacent to any shellfish harvesting area? Yes ❑No 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 ❑CW ❑SAV ❑SB OWL `None p Is the proposed marina/dockin4 facility located within or within close proximity to any shellfish leases? ❑Yes *0 If yes, give the name and address of the leaseholder(s), and give the proximity to the lease -3.;B0A THOUSE= (includirig covered lifts) - ;This section ndfapplieable_ A a (i) Is the boathouse structure(s) ❑Commercial ❑Public/Government ❑Private /Community (u) Number (iii) Length (iv) Width Note Roofed areas are calculated from drnplrne dimensions , INa(e.g. „,wood,° sheetpife, etc. elf owk groin use MP-2, Excavadon and Fill.) section'n'dt applicable ` a (Q Number (u) Length (m) Width 5. BREA KWATER (e.g:, wood,- sheetpife,” etc:) _ _ f _ - his se not applicabfe a Length b Average distance from NHW, NWL, or wetlands c Maximum distance beyond NHW, NWL or wetlands S: MOCOING- PILINGS, and BUOYS = his section not applicable a Is the structure(s) ❑Commercial ❑PublicfGovernment ❑Private /Community c Distance to be placed beyond shoreline Note This should be measured from marsh edge, if present e Arc of the swing b Number d Description of buoy (color, inscription, size, anchor, etc ) f 7 GENgRAL 252 - 808.2808., 1- 388- 4RCOASi:. � tcn�a alnaafa emer�t.aa t FEB 9, -0, 2015 revised: 12/27,06 Form OCM WIP -4 ('Structures, Page 4 of 4) a Proximity of st_ructure(s) to adjacent riparian property lines + Note For buoy or mooring piling, use arc of swing including length of vessel c Width of water body e (i) Will navigational aids be required as a result of the project? ❑Yes ` kk ❑NA (u) If yes, ex//plain what type and how they will be implemented b Proximity ofi tructure(s) to adjacent docking facilities d Water depth at waterward end of structure at NLW or NWL 101 ` 'J" a n Thrs secfion not applicable a Give complete description Date-' % Pro a Name . , 4pticant`Naine< DCM VVIL` ONIG 1 CN, NC 1= R-'2 02015 252- 808.2808 :. 1- 888 -4'' COASi :: ernoilt.net revised.- 12127106 l cr Ly 3 t P s Pesx �leE.tG t=:0�- g (banKs c6A net D � �� cowl glIr� S 1AeaA Lines 10, _ -- -- IW 9 =ems ,s st -4- 2 91 �rtp h X f �, v a Q c: acs: a h } \ kA Q, v r zz$ � - 3 P 4 MINIGT N, NIC: FEB 0 ?�?�� � 33 W oohed• '�r�K'�+ 31 P3 �� �d 1 den ilczxv\w pro f-oSecx • F I octA-�,F i)ocf, &,WAY �L// s— F - -- F 1 of 1• ® C) 67 / -� SeAdA i Line, a= 3 DOIVi ;a +llL{ INGTON, NC f r [ v f FEB 2 o- 2015 Lof k c� r C Sctkle 10 = r S i ote 0 eiuo 3 o -F 3 rEB 2015 THE FIGURE EIGHT ISLAND COMPANY, INC. ROUTE 1, WILMINGTON, NORTH CAROLINA 2B401 SECTION 11 BLOCK B LOT 31 FIGURE r=--!G[-IT ISLAND NEW HANOVER COUNTY. HARNETT TOWNSHIP, NORTH CAROLINA s N m ` O 0 ,�l 8� 0\ T` o Al `g 25. 450 S F �\ C 0 3, 0o TA 2 $ 21 1 30 . tnA gA 1gb - 27 2 g 3621,831 S.F aLh 18,646 S FO \° \"d ' o 9p Xclpl\ I S �ti to 10 1 6 �r m Op\ i I t, rile E8 2, 0 2015