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HomeMy WebLinkAbout20150420 Ver 1_CAMA Application_20150430A � NCDENR 2, 0 1 5 0 4 2 0 North Carolina Department of Environment and Natural Resource Pat McCrory Donald R van der Vaart Governor Secretary April 28, 2015 MEMORANDUM TO Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting FROM Jonathan Howell, NC DENR -DCM Assistant Mayor Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT CAMA Permit Application Review Applicant: Jeff Nathan Project Location: 5915 Hollyholm Trace (lot 5), adjacent to Hewletts Creek, Wilmington, New Hanover County Proposed Project: to construct a new private 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 May 21, 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 910-796-7215 1 FAX 910 - 395 -3964 Internet www ncco, An Equal Opportunity 1 Affirmative Action Employer APR 3 0 I Zoos . t\ RRp ES0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Jeff Nathan c/o James and Jack Jones 2 LOCATION OF PROJECT SITE 5915 Hollyholm Trace (Lot 5), adjacent to the Hewletts Creek, in Wilmington, New Hanover County Photo Index — 2006: 23 -7389 22, L 2000: No coverage 1995 23 -270. 16, N State Plane Coordinates - X 2345613 Y• 163467 Latitude: 34 011'36 97 "N Longitude: 77 °51'2610 "W 3 INVESTIGATION TYPE CAMA ROVER FILE # - S- 061914A 4 INVESTIGATIVE PROCEDURE. Dates of Site Visit — 04/01/2015 Was Applicant Present — Yes and agent 5 PROCESSING PROCEDURE Application Received — 04/13/2015 (completed) Office — Wilmington 6 SITE DESCRIPTION (A) Local Land Use Plan — Wilmington /New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved PT, EW, CW (C) Water Dependent Yes (D) Intended Use Private (E) Wastewater Treatment: Existing - Sewer System Planned - N/A (F) Type of Structures Existing — Single family residence Planned — Pier, platform, floating dock and boatlift (G) Estimated Annual Rate of Erosion N/A Source - N/A 7 HABITAT DESCRIPTION [AREA] nRFn(,Fn FII I Fn OTHFR (A) Vegetated Wetlands (shading) 2,760 sq ft (B) Non - Vegetated Wetlands (Open water incorporated 1,839 s ft (C) Other (Highground) (D) Total Area Disturbed 4,599 sq ft (0 10 acres) (E) Primary Nursery Area Yes (F) Water Classification SA Open No 8 PROJECT SUMMARY: The applicant proposes the construction of a private docking facility within Hewletts Creek Jeff Nathan Page 2 9. PROJECT DESCRIPTION: The project site is located at 5915 Hollyholm Trace (Lot 5), adjacent to Hewletts Creek The site is located within the City of Wilmington, New Hanover County To locate the property heading south from Oleander Drive (NC Highway17), turn left onto Greenville Loop Road and'travel west past Bradley Creek Elementary School approximately 15 miles Turn left onto Hollyholm Trace and continue to head southeast until you reach the property of interest, which will be located on the right The applicant currently maintains a single - family residence on the property, which averages approximately 10' -15' above normal high water (NHW) and the approximately 104' of shoreline is currently stabilized by vegetation. Adjacent to the shoreline, there is a border of Coastal Wetlands, approximately 450 feet wide The marsh vegetation consists of Smooth Cordgrass (Spartma alterniflora), Black Needle Rush (Juncus roemarianus), Spike Grass (Dist►chlis spicata), Sea Oxeye (Borrichia frutescens), Sea Lavender (Limonium, spp ), Saw Grass (Clad►umjamaicense), Three - square (Scrrpus, spp ), and Salt Meadow Grass (Spartina patens). Several small shrubs just waterward of the highground includes, Marsh -elder (Iva frutescens), Grounsel -bush (Baccharus halimifolia) complete the transition into the base of the yard The open water area of Hewletts Creek adjacent to the applicant's property is approximately 180' in width Waterward of the Coastal Wetlands are several areas of oyster reefs visible in the mud flat at low water within the creek Based on site visits at this location, the water depth within this area of Hewletts Creek was approximately -0 5' along the waterward edge of the marsh and approximately -2 0' within the channel of Hewletts Creek at normal low water (NLW) The previous property owner (R. Gevinson), obtained State Permit No. 102-01 on August 23, 2001for a private two (2) slip docking facility, which was never constructed and State Permit No 102 -01 expired on December 31, 2004 The Wilmington /New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the prolect,area as Resource Protection The waters of Hewletts Creek are classified SA by the Division of Water Resources They are 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 construct a private docking facility within Hewletts Creek The pier would be approximately 495' m length by 6' in width, which would terminate onto a "T- shaped" uncovered platform, measuring approximately 20' in length by 10' in width located over open water. A floating dock, measuring approximately 18' in length by 6' in width, would be installed on the east side of the platform, to provide a wet slip for one small vessel on the waterward side of the floating dock The applications states that pilings would be installed on the landward side to prevent dockage Additionally, a boatlift, measuring approximately 13' in length by 13' in width is proposed on the west side of the T -head platform The application states that the water depth at the location of the waterward end of the proposed docking structures is -15' at NLW Based on previous site visits for the adjacent riparian properties (Palmetto Pointe Sub , Bain and Sullivan) located adjacent to this property on this side of Hewletts Creek, the NC DCM has determined that the current water depths in the location of the proposed docking structures would range from approximately - 0 5' to -15', relative NLW Further, portions of the proposed structures would also be located adjacent to several areas of oyster reefs that are visible in the mud flat at low water within the creek (See Sheets 1 and 2 of 2 and Project Narrative) 10. ANTICIPATED IMPACTS: The proposed private docking facility would incorporate approximately 1,839 sq. ft. of Public TrustArea and Estuarine Waters and would shade approximately 2,760 sq ft of Coastal Wetlands. The proposed structures would extend approximately 45' into a waterbody, which measures approximately 180' across in this location of Hewletts Creek. This distance would conform to the 1/4 width rule Based on the submitted drawings, the proposed structures would not encroach into the 15' adjacent riparian corridor setback requirement. The construction would provide docking space for a total of two (2) vessels Due to the limited amount of water, approximately -0 5' to -1.5' at NLW located on this side of Hewletts Creek as shown in the attached photography and drawings, there will be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers to access the channel of the creek Minor increases in turbidity should be expected during the construction process (See on -site photograph) Submitted by: Robb L. Marrs Date: 04/27/2015 Office: Wilmington ' / ^ � |----+----------�-- ------------- -___�__ --- / / -----r------------- -------------------------t���-��-�*=�-------- �----r-----'----- --- ----- ---- | - � (lost revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT �r �. -/E }.j�e` -' - - /� ,rt c�pgy/y' z2 �:5> J� ;��.'}H�9.fy gq y (gY�, <:�rv4 -_ ., � fi=r y��S+.��.�' ^LS�N�.'N,���it.- � - t' r: '� %. ✓<}1< _ :�- ...Le ?9Y�'°°8° tt ��J �V��A7fi�, �YJ��/ �Vi±[ °%ti'- ^_:'<�'1 "."3 �^'6.r 4t max.`. 2.' >�}..�"t, }•ji.�.-F*= CStl/ v^ y" * a.. *- ';?' ^ ,,..t. �.�n t•- �, y.�F�} � -�'fr _ "_: �y_ __ S Y`_?. ...._ wt.+'r._- '�. =�vr �� _ clT''= c�rt`i�A:ziy yn"i��VLt .F." : }ft''e.: `z �a�`.{.�= 'r.��,.`�`�'`�`••_ Business Name Project Name (if applicable) _ — ._ «=1'= !.f`...� -� - �.. R -�,y °��' �y rte^' Vii' -Y °T- . Applicant 1. First Name MI Last Name Business Name $p` �kj�•pQ �f Agent/ Contractor 1- First Name Applicant 2 First Name MI Last Name if additional applicants, please attach an additional page(s)'with names listed. Mailing Address PQ Box City State p scl Il Agent/ Contractor 2. First Name t �4 Last Name ZIP Countfy Phone No FAX No. PO Box J L, ext Street Address (if different from above) City , State ZIP - f Email =`'c •T -"£':. �.- $-22;.- a. c�« �_ ri�;_° � "= :�.`s';��':�r✓'su.��ts.;�;�`r i<; -i-; i.- r-'�y�;` = wti; ' -: ._f. �' _ - -�=^ ?; =- _ sg °f -'sue; ;' - ."`._- „.�`•"� 4- ./9i /,yqp_' {p(+ /'�q'yN� �$ � ^�'e Ls �c't'.veri�• `. - y-,w�! ilk i t.`; r¢ -^�.n.'^t `.�r..`+� �' _ _ { `S'F_�A 1YS3 •..:'- �'!.._ - Fi .... - .��-•- V���Y'aS ...R, iAFr M ��i�� "�' °i:.'_ _ %{..2}�`.L'.�,4��r�r`;±.i �_�:: _ ,- �"✓- _ — ._ «=1'= !.f`...� -� - '�x+.i�: ..3 i.= -s - 1`r 64 - .a�,�i -�,y °��' �y rte^' Vii' -Y °T- ri� \Zr":�'_1``�� � ""':"'T^ � �-'�r' ..�^.�t.i Business Name Agent/ Contractor 1- First Name MI Last Name q ��� - 49 Agent/ Contractor 2. First Name MI Last Name Mailing Address gy' PO Box Gft 4ate. ZIP Phone No 1 Phone No 2 ext ext. FAX No Contractor # Street Address (if different from above) City State ZIP 14 -A % Email . ;, k �., N; °u` RECEIVED DIM WILM <Form continues on bacla DEC 2 2 2094 C Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit RECEIVED <Form continues on next pages DCM WILMINGTON, NC DEC 2 2 2014 I-SRS-4RCOAST : www.necoastalmanaq9rient-nat County (can be multiple) Street Address State Rd. mew 11 LILA,! UO- ' d Approximate elevation of tract above NHW ( normal high or Subdivision Name City State dl� Zip Phone No. Lot s) No.( many, attach additional page with list) No .(s) (p I Cf 14 q ext !__< -�-, e, 11� 9. .:, a In which NC river basin is the project located? A b Name of body of water nearest to proposed project c. is the body identified in (b) above, natural or manmade? d Name the closest major water body to the proposed eAojeCtsfte atural ❑Manmade ❑Unknown U Irew e Is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed work falls within MA ❑No LYK, 4 RECEIVED <Form continues on next pages DCM WILMINGTON, NC DEC 2 2 2014 I-SRS-4RCOAST : www.necoastalmanaq9rient-nat a Total length of shoreline on the tract / I b. Size of entire tract (sq ft.) 1 b1 y eve G. Size of individual lot(s) ' d Approximate elevation of tract above NHW ( normal high or NWL (normal water level) (if man; lot sizes, please attach additional page with a list) gKHW or ❑NWL e Vegetation on tract C OYNA-i Vi4v 0 i f. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site AP) h How does local government zone the tract? i Is the proposed project consistent with the applicable zoning? R d' 1, �F (Attach zoning compliance certificate, if applicable) [INA <r ❑No I Is the proposed activity part of an urban waterfront redevelopment proposal? 0Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. 0Yes E]No If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No 06A Nation6l Register listed or eligible property? RECEIVED <Form continues on next pages DCM WILMINGTON, NC DEC 2 2 2014 I-SRS-4RCOAST : www.necoastalmanaq9rient-nat Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? es []No (n) Are there coastal wetlands on the site? es []No (iii) If yes to either (i) or (6) above, has a delineation been conducted? ❑Yes DW6 (Attach documentation, if available) n. Describe existing wastewater treatment facilities B t a o Describe existing drinking water supply source p. Describe existing storm water management or treatment systems NA, ° ' ) '- .,,- 5��q,t��t.ZSz.• v „aa' _ `/ty,,' - °, s- M,�i`z` rte. -%:,.e �„•�nsr e s ":�.,�'.- gtFC��, ��, ,,,. - = • ?.. ,s�,� : k �i , „�-+, �p � s.._° _ -., _ .. _Iii "T�6 yeE- � �� `s'' �.e r`� . k , c ..r �: °.rr • a'_F_.,,_ - _ _G' n: "t.`r'�'i ., ". ,can:: �, - ' - -;�,�., - ==<.. a Will the project be for commercial, public, or private uses ❑ mercial Public /Government ` Vte/Community b Give a brief description of purpose, use, and daily operations of the project when complete }� a y vii`£= `' - x N4." •Fv. i... lit �y" -a- :c �Y _v�° j I I _ vi-LE rte- � i! � ` ° c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of a ui ment and where it is to tie stored. - } i 4�[(1p i� ,�rfk rz�p ^ ��� i�la$s4fL11 r� d List �al A° lll development activities you propose "A ' +d s e Are the proposed activities maintenance of an existing, projec new work, or both? f What is the approximate total disturbed land area resulting from "the proposed project? p ❑Sq Ft or ❑Acres g Will the proposed project encroach on any public easement, public accessway or other area []Yes Wo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. A, s i Will wastewater or stormwater be discharged into a wetlands []Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes o ❑NA j Is there any mitigation proposed? ❑Yes QVo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC DEC 222014 / ` �~ FmmDCM MP-1 (Page 4of 4) ~ APPLICATION for Major Development Permit a A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to 3cale. 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 he 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 Nf IM I VIP Name Phone No Address LL. g. A list of previous state or federal permits issued for work on the project tract Include peffnit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i Welland delineation, 4 necessary. j A signed AEC hazard notice for projects in oceanfront and inlet areas (Must be signed byproperty 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, atLach a statement documenting compliance with the North Carolina Environmental Policy Act 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 permiesion to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating /nn,nnuomn related to this permit application and follow-up monitoring of the project ! further certify that the information provided in this application is truthful m the best of my knowledge. D�a OZP tN @'~ — � r^ Signature Please indicate application attachments pertaining ho your p nnmdpnqect. []OCMk4P-2 Excavation and Fill Information []DOM MP'6 Bridges and Culverts ODCM MP-3 Upland Development YPCM MP4 Structures Information RECEIVED DCM WILMINGTON, NC Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to .lotnt 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 "- - -'40? k'�y rr - �_;J�Id�,-,�`', v:,fi ?ar " _;�. <<;�� - � ' _ - z:-i,` =s1:` , 4:.� i•?'. ,'; -��� _ - - lz - - _ ,��y���i'y(�j J: - /t- �f_�Vi }Yyt ,�/� - t.[�pyjQ� -./� -1 .. a�i_.'s y''e ,"S,�'.r •i-•_ sY ��rnh_�'Pf{.J_.' ._R'�..."'S .Y�- ___�. <ll .5v -s... ._s._. ____.�.._. __._ _ -_.< _- __ -.. .s =__ u._ - _. =S.w� __ -.., -1 ya y(Q Is the docking facility/marina b (j) Will the fac .0y be open to the general public? ❑Commercial ❑PubliclGovernment Zrivate /Community DYes ZNo c. (i) Dock(s) and /or pier(s) (ii) Number I `Dice- (m) Length L (iv) Width (v) Floating EjYes No e (i) Are Platforms included? R(Yes ❑No If yes. (ii) Number (in) Length - 1% , (iv) Width � (v) Floating 5316s ❑No (Vote Roofed areas are calculated from dnpline dimensions g (i) Number of slips proposed (ii) Number of slips existing i Check the proposed type of siting ❑ Land cut and access channel []Open water, dredging for basin and /or channel 26pen water, no dredging required ❑Other, please describe, k Typical boat length m (i) Will the facility have tie pilings? ❑Yes RJNo (ii) If yes number of tie pilings? d (i) Are Finger Piers included? ❑Yes oNo If yes (ii) Number (in) Length (iv) Width (v) Floating ❑Yes ❑No f (i) Are Boatlifts included? U`i�es ❑No If yes B (u) Number t ^� (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 ,0"Dockage ('wet slips') only, number of slips. El Dry storage, number of boats ❑ Boat ramp(s), number of boat ramps ❑ Other, please describe- Describe the typical boats to be served (e g., open runabout, charter boats, sail boats, mixed types) juht �,o V I (i) Will the facile V be open to the general public? ❑Yes Po RECEIVED DCM WILMINGTON, NC FOrM DCM MP-4 (structures, page 2 of 4) �wwr h`1oF= .Q^C,r'7 �' i�Arr&dTl sD. `6I' ° °i ,ii' ' -' •" y= _ - a. check each of the following sanitary M411lies 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 wilt overboard discharge of sewage from boats be contralled? e (i) Give the location and number of "No Sewage Discharge" si ns proposed (u) Give the location and number of "punipout Available" signs proposed sandblasting waste and petroleum products f Describe the special design, if applicable, for contami g industrial type pollutants, such as pain g Where will residue from vessel maintenance be dis sed of? h Give the number of channel markers and "No W e signs proposed. i Give the location of fuel-handling facildies, andIdescnbe the safety measures planned to protect area water quality } What will be the marina policy on overnight and Itve- oard dockage? k Describe design measures that promote boat in flushing? RECEIVED I If this project is an expansion of an axis g marina, what types of services are currently provided? 3CM WILMINGTON, NC M Is he marinaidocking facility proposed within a primary or secondary nursery area? es 13NO °t Form DCM MP-4 (Structures, Page 3 of 4) n Is the mann ocking facility proposed within or adjacent to any shellfish harvesting area's []Yes No o Is the manna/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 V ❑SB AWL 14None Is the proposed marina/docking facility located within within close proximity to any shellfish leases? ❑Yes /No P P P If yes, give the name and address of the leasehold r(s), and give the proximity to the lease a (i) Is the boathouse structure(s) ❑Commercial ❑Public/Government ❑Private /Community (to Number (m) Length (iv) Width Note Roofed areas are calculated from driplme dimensions a (i) Number (n) Length (m) Width a Length c Maximum distance beyond NHW, NWL or wetlands b Average distance from NHW, NWL, or wetlands a - Is the structure(s) b Number [1Commercial ❑Public(Govemment ❑Private /Community c Distance to be placed beyond shoreline Note This should be measured from marsh edge, if present e Arc of the swing d Description of buo color, inscription, size, anchor, etc) a j!( V4iRECEIVED VYtiVYOTQN ,; <� : {}°�"9}'� y�i..'i3s .. q /•, i� � _ 6 • Form DCM MP-4 (Structures, Page 4 of 4) a. 'Proximity of structure(s) to adjacent riparian property lines 1< I/ , Arble: For buoy or mooring piling, Use am Of swing Including length 0tvasself. c. Width water body IIVD 0. (0 Will navigational aids be required as a result of the project? Dyes 9Ko DNA (10 if yes, explain what type and how•they will be implemented. a. Give complete description: nh A a A& b. proximity of structure(s) to adjacent docking facilities. d. Water depth at watOrward end of structure at NLW or NWL 2-4 2.- 6 $ V RECEIVED DCM WILMINGTON, NC DEC 2 2 20% r"Al '-- Ov WR Ovol � � \ � � . - � � � � � � \ MR-11 RPM /- 4j F_r L Vd N. WA� \bx � MsOAte— G k f", , i 4eL-v <-- g-ee- g JIiN rs "'0 Vl ±ys'ii-,3L i i ,N, NC- N. C WAI Vf ,I\ r u -- -Y „, , - I vr( NNIH19 �- p f, cp I ('-HRNKXL ;4 ) L-I !vk' jvvp" Jy 12 -15= ly N 0 Z\- 6 r w�S I E W F-- D APR I , 20,lb