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HomeMy WebLinkAbout20160053 Ver 1_CAMA Permit Application_20160112Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM_ TO: December 28, 2015 Karen Higgins 401 & Buffer Permitting Unit DWRNVater Quality Permitting PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelary BRAXTON DAVIS D;recior 20160053 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.pov Fax: 395-3964 (Courier 0416-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c/o David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility 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 January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 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 Nothing Compares�- 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 APPLICANT'S NAME: SEL Property Investors, LLC C/O David Logan 2. LOCATION OF PROJECT SITE: 5920 Nautical Isle Ct Wilmington, Myrtle Grove, NC Photo Index -2006: 22-7418:V, 6 2000:21-264:Q,16 1996:22-249:T,19 State Plane Coordinates - X: 2343640 Y: 143765 Latitude: 34008'16.60"N Longitude: 77151'58.65"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 11/10/2015 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 12/09/15 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned - None (F) Type of Structures: Existing — Single Family Residence currently under construction. Existing access pier under CAMA General Permit 66220-D 7 E-1 Planned — Increased pier length, partially covered fixed platform, two (2) boatlifts (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shaded) (B) Non -Vegetated Wetlands (Open water) 1566 sq. ft. (incorporated) (C) Other (D) Total Area Disturbed: 1566 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes (G) Estimated Annual Rate of Erosion: N/A Source - N/A PROJECT SUMMARY: The applicant proposes to extend a private docking facility adjacent to the AIWW, in Masonboro Sound. SEL Property Investors, LLC C/O David Logan Page 2 9. PROJECT DESCRIPTION: The project site is located at 5920 Nautical Isle Court, within the newly constructed Helmsport Subdivision in New Hanover County.The property is adjacent to the Atlantic Intracoastal Waterway (AIWW)/Masonboro Sound and is the location of the Aqua Vista Farms previously owned and operated by the Emmart family. The project site is bordered to the north by residential properties and UNCW's Center for Marine Science, and to the south by Masonboro Harbour Subdivision. To locate the property traveling south on College Road, take a left onto Mohican Trail and travel east approximately 1 .3 miles. Turn right onto Masonboro Loop Road and travel south for approximately 0.8 miles until you reach the entrance of the old Aqua Vista Christmas Tree Farm that will be located on the left. Continue to travel east on Aqua Vista Drive for approximately 0.5 miles until it terminates at the property of interest. The high ground property is approximately 0.5 acres and the elevation of the property averages approximately 14' above NWL (normal water level). Existing highground development is currently underway with the construction of a single family home. High ground vegetation consists of rye grass holding backthe cleared area currently under construction. Vegetation bordering the highground of the property consists primarily of high marsh and low marsh species, which supports §404 and coastal wetlands vegetation including: Wax Myrtle (Myrica cerifera L.), Marsh -elder (Iva frutescens), Grounsel-bush (Baccharis halimifolia), Sea Oxeye (Borrichia frutescensl, Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina alterniflora). The high marsh then transitions into an area of low marsh, approximately 290' wide, which consists primarily of Smooth Cordgrass (Spartina alterniflora). This vegetation also stabilizes the approximately 75' of shoreline. There is an existing private docking facility that currently extends into Masonboro Sound from this property. The property owner received a CAMA General Permit No. 66220-D on 11/19/2015 which authorized construction of a 400' access pier and a partially covered fixed platform measuring approximately 20' wide by 20' long that is no longer to be constructed in the originally permitted location. The current configuration consists `of a fixed pier, measuring approximately 405' in length by 6' in width, of which approximately 85' extends over open water. No formal slips were authorized under this permit. The City of Wilmington and New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Masonboro Sound are classified as SA-ORW by the NC Division of Water Resources, and they are OPEN to the harvest of shellfish. These waters ARE designated as a Primary Nursery Area (PNA), by the Division of Marine Fisheries. PROPOSED PROJECT: The applicant proposes to extend a private docking facility adjacent to the AIWW, in Masonboro sound. The applicant proposes to extend the previously authorized 6' wide by 405' long pier an additional 138' fora total of 543' in length. This is beyond the limits of their currently issued CAMA General Permit. Also proposed is relocating the previously authorized fixed platform measuring approximately 20' in length by 20' in width to the waterward end of the proposed access pier extension. This platform would be partially covered with roof cover dimensions of 12' in width by 22' in length. Two (2) boatlifts each measuring 12' in width by 12' in length would be installed on the northern and southern side of the partially covered platform. The proposed structures would provide docking space for up to two (2) vessels in water depths of approximately -1.5' at NLW. SEL Property Investors, LLC C/O David Logan Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate a total of approximately 1566 sq. ft. of Public Trust Area and Estuarine Waters. The proposed structures would extend approximately 246' into a waterbody, which measures approximately 985' in width across this part of the AIWW, which would not exceed the %width distance rule nor encroach into the 80' federal channel setback from the AIWW. The Proposed structure would not encroach into the adjacent 15' riparian corridor setback requirement. The construction would provide docking space for a total of two (2) vessels in water depths of approximately -1.5' at NLW. Minor increases in turbidity should be expected during the construction process (See on-site photograph). Submitted by: Sean C. Farrell Date: 12/28 /2015 Office: Wilmington 7 nu pr q® ed Ha rratwe TO: NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Reference: 5920 Nautical Isle Ct Wilmington, NC To whom it may concern: Logan MaOne, LLC Post Office Box 1552 Wrightsville Beach, NC 28480 NC Contractors License # 74511 david@loganmarine.com 910-367-1348 12/8/2015 SEL Property Investors, LLC is applying for a CAMA Major permit at the referenced address to extend the currrently authorized pier & gazebo eastward and add 2 boat lifts. The specifics -of the proposed work are in the enclosed application forms and drawings. It may be noted that there there is currently a shorter pier under construction at this site pursuant CAMA General Permit #66220. If you have any questions, please feel free to contact me at 910-367-1348 or email david@loganmarine.corm. Regards, '4 y J. David Logan Logan Marine, LLC Authorized Agent david0loeanmarine.com 910-367-1348 l:5;. :.✓ .._1 J DEC 0 9 210,15 ;; VVH 1V1liy;rTrr�q.,ti flit"` 1; INE IN -11 Min, , 4 "I. Nil, F &r= R 7, 1 11 - --- 1 N Y ii V�77, �MMKIRWWOIQCITj North Carolina DOV139ON OF COASTAL MAMAGEMENT Pomify* Applicentl Landowns?, ghformadon Business Name Project Name (if applicable) 0(zopexzl-�q nW �JAVMk— Applicant 1: First Name ,T) MI 1,- Last Name 1,0(:, Applicant 2: First Name MI Lost Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address (vo &Aai�t,7w2 \-4 as sT5 1 PO Box 1 city 1316W�U-� State ZIP Country Phone No. et. FAX No. Street Address (if different from above) City State ZIP Contractor �lk 14,51 k Street Address (if different from above) Email -D IXEIA�J At, --I 2. Business Name �-OGIAIQ - Agent/ Contractor 1: First Name MI " . "t�I'D Last Name LN=z PCPJ Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box CI,416,wng ILus UJ State 40 Tic ZIP Phone No. I Phone No. 2 -2- 0 -S(O- [314Bext. -k ext. FAX No. Contractor �lk 14,51 k Street Address (if different from above) city State ZIP Email -1 OKA e-FoFm continues on back> R,ECEWED MI "Al 1 1 \ 'T0N �-'M!Nb N,W Form DCM MP -1 (Page 2 of 4) APPLOCATION for Major Development Permit 3. N®jec Locaffon a. Total length of shoreline on the tract (ft.) County (can be multiple) Street Address Zl(p 5F - State Rd. # d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 1 LJ ❑NHW or 841- WLe. a.Vegetation on tract Subdivision Name I. Man-made features and uses now on tract City State Zip _146L,KA5 PD9-r 1. Is the proposed project consistent with the applicable zoning? hls 2gLk®a� Phone No. j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ffWo Lot No. (s) (if many, attach additional page with list) q10 -� - ext. I. Is the proposed project located in a National Registered Historic District or does it involve a DYes ao [INA , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Ck 'k�VJ\AJ c. Isstth� water body identified in (b) above, natural or manmade? ;latural []Manmade []Unknown d. Name the closest major water body to the proposed project site. e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Eyes . ❑No work falls within. QQ R 14 Ca -, <Form continues on noxf page> m512 -808-260a e. R=888-888 .. vs ver �.a�es �a�€aE�rrar¢ ae veeaE:.n�� a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 15--12 Zl(p 5F - c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 1 LJ ❑NHW or 841- WLe. a.Vegetation on tract I. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Oers []No U6 j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ffWo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. (]Yes []No RfrA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a DYes ao [INA National Register listed or eligible property? <Form continues on noxf page> m512 -808-260a e. R=888-888 .. vs ver �.a�es �a�€aE�rrar¢ ae veeaE:.n�� Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? []Yes; o (ii) Are there coastal wetlands on the site? EKes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes Leo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Lok--)°ic— A-UTA\T\i`.5 o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. L- cum MQI N I -tM 5. Acgivlkw and Impac$ a. Will the project be for commercial, public, or private use? []Commercial []Public/Govemment MFI'd"vate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 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. -Td64. Fa�� o(',J -T1sA - L P UA 5 d. List all development activities you propose. Pisa e. Are the proposed activities maintenance of an existing project, new work, or both? V--- , f. What is the approximate total disturbed land area resulting from the proposed project? •,_jmq.Ft or OAcres ALA g. Will the proosed project encroach on any public easement, public accessway or other area []Yes KWo ❑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 wastewater or stormwater be discharged into a wetland? []Yes Kro E2NIIA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No GOA j. Is there any mitigation proposed? []Yes []No If yes, attach a mitigation proposal. <Form continues on back> LCEIV:EDNO fit iZ'• � 5'i- % vw.r c:aoastagFnimnags-mGnt-net- Form DCM MP -1 (Page 4 of 4) APPI-000014 for Major Development Permit 6. _ Addigional.inforrmageon In, addition, to this completed application form, (MP -1) the following items below, if applicable;, must be submitted in .order for the application package fo be complete, Items (a) —..(f) are always applicable to'any major detielopi a application.: Please consult the application instruction booklet on how, to property prepare the, required !terns 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. 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. a Name. V ll.U4. ��.�ti� c'�jt�. Phone No. ���� L4L'�—J.� Address C, Name S`rA`iS C!P-' %-JoRhA G Uk4 Phone No. ���� ��"�� g6SD Address V3,41 AW L— 5ew 6 ce PZA60-WI Mame Phone. No: Address g. A list previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. 1. 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. 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 Cer0ficagion-atid PeYMIssbi? go 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 Pat t e information provided in this application is truthful to the best of my knowledge. Date I ir Print Name Qita rN Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts pDCM MP -3 Upland Development i CM MP -4 Structures Information vavavi.ncCoasttaiMaragernecbe.not y .)0 14 0 Folim 0CM MP -A STRUCTURES (Construction within Public Tmst 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. a. (i) Is the docking facility/marina: �,,� ❑Commercial ❑Public/Government EAlvate/Community c. (i) Dock(s) and/or pier(s) (ii) Number I (iii) LengthI j (131E-JOND 145TW11 PIKM1-r> e (iv) Width (v) Floating ❑Yes 26o e. (i) Are Platforms included? Vies []No If yes: (ii) Number (iii) Length ' _7,B (iv) Width (v) Floating ❑Yes �o Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (, 13aJL� L -i r—T-S) (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ❑O .en water; dredging for basin and/or channel ►apen water; no dredging. required ❑Other; please describe: i k. Typical boat length: m. .(i) Will the facility have tie pilings? ❑Yes 2<o (ii) If yes number of tie pilings? 0 b. (i) Will the facility be open to the general public? ❑Yes Lbs o d.' (i) Are Finger Piers included? ❑Yes Vo If yes: . (ii) Number JVA- (iii) Length (iv) Width (v) Floating []Yes ❑No f. (i) Are Boatlifts included? (�(es ❑No If yes: (ii) Number (iii) Length g BA (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: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the faci^lity b open to the general public? ❑Yes rKoo ,. 262-808-2808.;: 1-888-4RCOAS ' ;. www.nc(doastaimanagement.net revised: 12127/06 r Form 0CM MP -4 (Structures, Page 2 of 4) t 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. Howwill 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. N g. Where will residue from vessel maintenance be disposed of? �00/% d h• Give the number of channel markers and "No Wake" signs proposed. A/ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality i j. What will be the marina policy. ,on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. 4S th arina/docking facility proposed within a primary or secondary nursery area? es ❑No 252-808-2808 :: 1-888-4R+vOAST :: www.hccoastaiman2gement.net revised: 12/27/06 Form RCM MP -4 (Structures, Page 3 of 4) n. lstnesarina/_docking facility proposed within or adjacent to any shellfish harvesting area? . ,'1Vo T—:§� � ��� o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation t,5rRv/, sneu UULLU111 (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ []SAV ❑SB OWL one p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes Pvo If yes, give the name and address of the leaseholder(s), and give -the proximity to the lease. a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community. (ii) Number (iii) Length (iv) Width Note. Roofed areas are calculated from.dripline dimensions. a. ,(i) Number . (ii) Length .(iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑Public/Government ❑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. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252.808-2808 :: 11-888.4111COAST :: vvvww nccoastalirnanastement.net revised- 1-2/27/06 1 Form DCM. MP -4 (structures, Page 4 of 4) a. Proximity of structure(t) to adjacent riparian property lines r� /Vote: Fbrbuoy 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? DYes (RNo ❑NA (ii) If yes, explain what type and how they will be implemented. a. Give complete. description: 0 b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL 0 252-808-2508 :: 16488-4RCOAST :: %& wvv.nccoastallmanagernent.net revised: 12/27/06 Logan Marine, LLC Fixed Pier & Gazebo 5920 Nautical Isle Ct By David Logan 12/7/15 Drawing 1 of 2 Scale: 1"=100' 1) Water depth at location of Proposed Platform in'Masonboro Sound was 1.5' @ MLW and 2' at the 1/3 distance of waterbody @ MLW. 2) Preliminary map data & boundary lines provided by Patrick C Bristow Land Surveying via aerial maps. Flood ,IWWZ Ebb Channel xMASONBOR® SOUND ®� --------r �E— --- r 1 I I I I I I I I 90 Degrees Riparian Corridor 7 5' ' I I I ��-�- I , , I I I I I I I I I Q I , I I I I I I I I `J/ I I I U C01 I II II II � v/I III ®gyp A i Legend CoastalWetlands Water Depth @ NLW C Uplands i i 4 -Piling Boat Lift 0 Slip Numbers NTS = Not to Scale 1) Water depth at location of Proposed Platform in'Masonboro Sound was 1.5' @ MLW and 2' at the 1/3 distance of waterbody @ MLW. 2) Preliminary map data & boundary lines provided by Patrick C Bristow Land Surveying via aerial maps. Flood ,IWWZ Ebb Channel xMASONBOR® SOUND ®� --------r �E— --- r 1 I I I I I I I I 90 Degrees Riparian Corridor 7 5' ' I I I ��-�- I , , I I I I I I I I I Q I , I I I I I I I I `J/ I I I U C01 I II II II � v/I III ®gyp A i 169'19'09W //I icp c N e 1 C i i I 169'19'09W //I I // ��I I / U � 0 I I0 5912I 1 Nautical IIENautica sle Ct Isle Ct IsCtIsle LO 00 IIO0 III1tI II 00)0M i Distance of W:aterbody Holt RdI ivauu�af I�� I'll/ State of jI 4 Lots j Nautical Isle Ct . Isle Ct I ��� II Ix North I Owned by I Isle Ct SEL Property I Carolina SEL Property Investors, f 1 SEL Property Investors, I I Investors, LLC LLC �� I LLC 39.6,' +— / I / NAUT�GAl151PU0C —_�T— I r� I � I I I I I I I I I I I I I I I I I I I I Logan Marine, LLC Fixed Pier & Gazebo 5920 Nautical Isle Ct By David Logan 12/7/15 Drawing 2 of 2