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HomeMy WebLinkAbout20161018 Ver 1_CAMA Application_20161031PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY October 18, 2016 @ F U W 1 D n C i 3 1 2016 TO: Karen Higgins 401 & Buffer Permitting Unit �y OUR ES P DWR/Water Quality Permitting FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA A plication Review Applicant: 4Hy ocking Facility Expansion Project Location: 3 Cedar Island, adjacent to Cedar Island Basin -Canal /AIWW in Wilmington, New Hanover County Proposed Project: to expand an existing 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 November 11, 2016. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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 I. APPLICANT'S NAME: Edward P. Talley 2. LOCATION OF PROJECT SITE: Site is located at 3 Cedar Island off of Cedar Island Rd., adjacent to Cedar Island Basin/Canal in Masonboro Sound, New Hanover County. Photo Index — 2006: 22-7422- M,14 2000: 22-271, M-15 1995: 22-253, M-18 Location: Lat:34°16'17.91"N Long: 77°50'02"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/28/2015,10/06/16 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received -10/07/20.16 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington/New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single-family residence, private pier with floating dock, and bulkhead Planned- Expansion of existing docking facility (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NIA (B) Non -Vegetated Wetlands (Open Water) 270 sq. ft. (incorporated) (C) Other- Highground disturbance N/A (D) Total Area Disturbed: 270 sq. ft. (0.00.6 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to expand an existing docking facility within the Cedar Island Basin/Canal. Edward P. Talley Page 2 9. PROJECT DESCRIPTION The project site is located at 3 Cedar Island, off of Cedar Island Rd., adjacent to the Cedar Island Basin/Canal, in Masonboro Sound, in New Hanover County. To locate the property from Oleander Drive (NC Highway 76), tum on to Greenville Loop Road and travel west approximately 1.07 miles and turn left on to Old Military Road. Proceed down Old Military Road for 0.50 miles until it turns in to Cedar Island Road. Continue on Cedar Island Road for 0.32 miles, crossing over a bridge, and then tum right on to Cedar Island. The property of interest will be on the right hand side. The property is approximately 1.58 acres with an average elevation of 4-5 feet above normal high water (NHW). Upland vegetation primarily consists of hardwood species and lawn grass. The property borders Cedar Island Basin/Canal to the West, which is also shared by adjacent riparian property owners and the residents of Quail Run Road, and residential property owners to the Nod, South, and East. The property has approximately 95 linear feet of shoreline which is stabilized by an existing bulkhead. Located waterward of the bulkhead is an area of coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora), which measures approximately 46 feet in length and 16 feet in width from the Southwest property line, and narrows to 12 feet in width at the pier. Coastal wetlands do not appear to continue from the pier to the Northeast property line. The applicant also maintains an existing private docking facility in to the Cedar Island Basin/Canal. The existing docking facility consists of an existing 10 feet in length and 6 feet in width fixed deck and an existing 16 feet in length and 6 feet in width pier connected directly to the existing bulkhead. An access ramp then leads from the existing pier to an existing floating dock, measuring 40 feet in length and 8 feet in width, which runs parallel to the shoreline and channel. The existing docking facility is located between existing docking facilities within 200 feet of the applicant's property. The applicants existing docking facility accommodates up to two (2) vessels. The existing docking facility was authorized to the previous property owner (Link) through CAMA General Permit No. 47503-D. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Cedar Island Basin/Canal are classified SA by the Division of Water Resources, and they are CLOSED to shellfishing. Cedar Island Basin/Canal is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. PROPOSED PROJECT The applicant proposes to expand an existing docking facility within Cedar Island Basin/Canal. A new 45 feet in length by 6 feet in width floating dock will be added to the west end of the existing 40 feet in length by 8 feet in width floating dock. On the Northeast end of the proposed floating dock, a new 14 feet in length by 15 feet in width boat lift will be installed. The application states that the proposed expansion would provide two (2) additional docking spaces at this existing facility for a total of four (4) vessels within existing water depth of approximately -6 ft. at NLW (See Sheets 1 through 3 of 3 and Project Narrative). 10. ANTICIPATED IMPACTS The proposed expansion of the existing docking facility would incorporate an additional approximately 270 sq. ft. of Estuarine Waters and Pubic Trust Area. Including the proposed structures, the docking facility would extend approximately 69 ft. into a waterbody, which measures approximately 280 ft. across. This distance would conform to the 1/4 width rule or 70 feet and it appears to extend to the established pier lengths, which is consistent with the rules at the time of the issuance of the permit for the existing docking facility. The proposed expansion of the existing docking would provide two (2) additional docking spaces for a total of four (4) vessels within existing water depth of -6 at NLW. The proposed structures 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: Brooks Surgan Date: October 17, 2016 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 September 27, 2016 Narrative for 3 Cedar Island My client, Ed Talley, at 3 Cedar Island would like to add a 6 ft. X 45 ft. floating dock to the West end of his existing 8 X 40 floating dock. On the Northeast side of the new floating dock, Mr. Talley would like to also install a new boatlift which would encompass a 15 ft. X 14 ft. area to accommodate a 38 ft. fishing boat. While probably restricting or even eliminating a space for parking a boat on the existing floating dock, this project will create 2 new slips to the West of the new 6 X 45 floating dock along with a slip with a boat lift to the East of the new 6 X 45 floating dock. Thank you for consideration of this request. Stephen B. Conway, Owner Southeastern Coastal Construction Company, Inc. 910.538.9737/sconway@ec.rr.com SEF 3 02016 ON Mr -1 APPLICATION for Major Development Permit' (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT. 6 1. Primary Applicant/ Landowner Information Project Name (if applicable) Business Nam PC) Ml Lass t Name Applicant 1, First Name P LJ Tc—,. 4e— M1 Last Name Applicant 2: First Name If additional applicants, please attach an additional page(s) with names listed, State Mailing Address PO Box city FAX No. ZIP Country Phone No. To -6 /?-- city State Street Address (if different from above) Email P T-ct '2. AgentlContracto r Information Business Name 'S V. �'h ., 11 MIX Ml Last Name Agentl Contractor 1: First Name 34- Ml Last Name Agent/ Contractor 2: First Name PO Box City State Mailing Address /U , C I'Ll Phone No. I PhonAo. 2 ZIP e"5 ext. mo — . Contractor # FAX No. city State ZIP Street Address (if different from above) Email I Ni iT 0 R N <F . orm continues on back> SEP Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Add'dre�,�s�s State Rd. # /V ® r."►�� S ¢. Subdivision Name City State C_ Zip zfstj 09 dY1 ! Phone No. Lot o.(s) (if many, attach additional page with list) p, ext. e. Vegetation on tract a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project ce� C. Is the water body identified in (b) above, natural or manmade? ❑Natural ❑Manmade �(nknown S 6C )0- 7` 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 prop sed work falls within. fes ❑No -7-/h 4. Site Description a. Total length of shoreline on the tract (ft.) b, Size of entire tract (sq.ft.) S ¢. lls-� Atx:4-s C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or JWL (norm'l water level) (If.many lot sizes, please attach additional.page with a. list) . ... y iXNHW.or ❑NWL . e. Vegetation on tract '(,�S i- f f. Man-made features and uses now on tract NID g. Identify and describe the existing land uses adiacent to the proposed project site. ` J**Ct — -------------- In. How does local government zone the tract. i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable). Yes []No ❑NA i! j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yeslo L:ssional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No NA hom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No NA n__._._. ; �.,A .. nlinihlo nrnnprtV? National r%Wgiste I14 e. vl ai1'­- 1.-1 <Form continues on next page> ^ "='V CCivi, NC F_ P `` 20lb" . Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Yes [fNo (ii) Are there coastal wetlands on the site? es ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes to (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. c tr p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial OPublic/Government rivate/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. �j i d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes VNo -i]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. OR i. Will wastewater or stormwater be discharged into.a wetland? ❑Yes No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes j]No []NA j. Is there any mitigation proposed? ❑Yes . No ❑NA If yes, attach a mitigation proposal. F E I ED <Form continues on back> DC /! VVILIVFfNGTON, NG SEP 3 0 2016 Form DCM MP -1 (Page 4 of 4) APPUCATION 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) — (t) are always applicable to any major development application. Please consult the application 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, 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. Name h� � OV" t^® '�j Phone No. Address L Cp Name --+; p �� �h Phone No. a Address S ` {� `„ Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permi numbers, permittee, and issuing date i 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.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 ���'�/ I �C Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information ❑OCM MP -3 Upland Development CM MP -4 Structures Information ❑DCM MP -b t3rloges ano t,urverns E VD Jv, t', .' yM!,IN!GTJN, NG 5i ) 1611) 9 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 FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment nvate/Community ❑Yes &ho c. (i) Dock(s) and/or pier(s)a, (ii) Number (iii) Length (iv) Width (v) Floatingryes ❑No e. (i) Are Platforms included? ❑Yes .9,�� l=!- If yes: (ii) Number d. (i) Are Finger Piers included? ElYes o If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? (oYes ❑No If yes: (ii) Number (iii) Length B YS t /6-7 />b (iii) Length (iv) Width bili (iv) Width (v) Floating []Yes ONO Note: Rooted areas are calculated from dripline dimensions. g. W N mber of slips proposed (ii tuber of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel V'Open water; no dredging required ❑Other; please describe: k. Typical boat length: SR I m. (i) Will the facility have tie pilings? ❑Yes JkNo (ii) If yes number of tie pilings? 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 J� Dockage ("wet 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). - �q 6)vt I. (i) Will the facilit be open to the general public? Oyes llo vi�i�i✓j°JED B -C Vi urV# NAINGTON. NC Fortes Pz _ - 2 of 2. DOCKING FACILITY/MARINA OPERATIONS 6(This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets Q 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? I. If this project is an expansion of an existing marina, what types of services are currently provided? jar' ''II `d m. Is the marina/docking facility proposed within a primary or secondary nursery area? 9Yes �'O ,Sim 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/docking facility located within or within close proximity to any shellfish leases? ❑Yes KNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) `This section not applicable 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. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP -2, Excavation and Fill.) a. (i) Number (ii) Length (iii) Width This section not applicable 1.5. BREAKWATER (e.g., wood, sheetpile, etc.)jThis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS 951his section not applicable a. Is the structure(s): ❑Commercial QPublic/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. Number d. Description of buoy (color, inscription, size, anchor, etc.) SEP 3 o 2016 NC 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. ^ Wf Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of w ter body e. (i) Will navi ationaI aids be required as a result of the project? ❑Yeso C3 NA (ii) If yes, e/////exp ain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL C. QLV 8. OTHER f-1 This section not applicable a. Give complete description: Date Project Name A /k Applicant Na Applicant Sign ure ;tji 0t �il`31Ni.� 5p.,' 3 0 206 E X i �_2c FLOOD Es CEDAR ISLAND NAR8OR •16 w ,, �• r r ,r ` iAt \ % l i` SPACE s Ir' NEW 1O'xb' FLOAT \ C r 1 SPACE i PROPERTY ON w W b \ JAMES Y W v W W w PASO W W W W w EASTTNO BULKHEAD + lKIS1TN0 BULKHE ��_ FlXED DE PIER 77 3, 40 20 =� SCALE: t 20' SOUNDINGS BASED ON,.MLWT:0;0 C) PROPERTY OF. msu mu 'ire iv\ off, i J �rb Be CEDAR ISLAND HARBOR r� Wry a� yA . ��T�'\lti try .. C '.1• \ �f.'It�j �. I Fes. T% MIN 3 ,(♦ N' ' s:PAcc x to ' 4 FLOAT _ r PROPERTY OF' ` W W' ` .S1 ♦` 1 JAI&B � ,� W (W W MA�SH� �, w `� it ., ., ;, �I"' • .... , ^'. rB>ASRNO EIULIMEAb' E�SSTINQ ENUIIINB u='l Fl%EO OH PIkA 401 YjrAll O.S'Jf - -- , Np 't {n l�f z 1 - SCALE: 1" -20' - SOUNDINGS "-20':SOUNDINGS BASED ON. MLW#0:0 lk a plop"" 04\y tkna cfwt6 P-01 llik0e/ oc bra,UJA �sv G-1;7- ) (In Sca A b mJ -L4* ",ks�erv.l Pr 4 --2-9 �-I�k