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20170457 Ver 1_CAMA Application_20170417
Coastal Management ENVIRONMENTAL QUALITY 20170457 ROY COOPER Govenmor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director April 10, 2017 k401& R 1 r 2017 TO: Karen Higgins ATER RESOURCES 401 &Buffer Permitting Unit FFER PERMITTING 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(cD_ncdenr.gov Fax: 395-3964 (Courier 0416-33) SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Gary Hurley 2. LOCATION OF PROJECT SITE: 6601 Sylvan Lane adjacent to Howe Creek, in New Hanover County Photo Index — 2006: 23-7393: V 1,2 Latitude: 34°15'14.17"N Longitude: 77°47'.32.95"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 3/30/17 5. PROCESSING PROCEDURE: Application Received — 3/27/17 (initial), 4/6/17 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic System Planned — N/A (F) Type of Structures: Existing —Access pier, fixed platform, floating platforms, SFR Planned — New access pier, fixed platform, and floating platform (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 91 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 1,856 sq. ft. (incorporated) (C) Other (D) Total Area Disturbed: 1,856 sq. ft. (0.04 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No PROJECT SUMMARY: The applicant proposes to replace an existing community docking facility in Howe Creek. Gary Hurley Page 2 9. PROJECT DESCRIPTION: The project site is located at 6601 Sylvan Lane, adjacent to Howe Creek, in New Hanover County. To locate the property from Market Street (NC Highway 17), turn right Middle Sound Loop Road and continue east through the traffic circle approximately 1.3 miles until you come to Sylvan Lane and make a right. The property of interest is at the terminus of Sylvan Lane. The property is approximately 1 acre and is approximately 6' above normaN high water (NHW). The property is currently developed with a single family home and has approximately 200' of shoreline. The upland vegetation consists of a landscaped yard with a mix of hardwood and pine trees. There is currently a dilapidated community docking facility extending in a southwesterly direction from the property into Howe Creek. There is an existing access pier measuring approximately 6' in width and 190' in length with several remnants of fixed and floating structures at the terminus. It is apparent from Google Earth imagery that the facility was damaged in Hurricane Matthew in October 2016. Coastal Wetlands measuring approximately 20' in width run the length of the shoreline in the project area consisting primarily of Smooth Cordgrass (Spartina altemiflora) and Black Needlerush (Juncus roemerianus). The application states that the existing docking facility currently accommodates up to five (5) vessels in water depths of approximately -4.0' at NLW. The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the Howe Creek are classified SA-ORW by the Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to replace an existing community docking facility in Howe Creek. The application states that an access pier measuring 6' in width by 185' in length would be constructed in the same alignment and footprint as the existing facility. The pier would terminate in a "T" head configuration with a fixed platform measuring 16' in width by 16' in length. From the platform a ramp would lead to a floating dock running parallel to the channel and measuring 7' in width by 70' in length. The application states that the proposed replacement of the existing facility would accommodate up to five (5) vessels in water depths measuring approximately -4.0' at NLW. The facility would extend approximately 187' into a water body measuring approximately 325', which would not meet the quarter width distance, but would stay within the footprint of the existing facility. The facility would not encroach into the adjacent 15' riparian corridor setbacks on either side. 10. ANTICIPATED IMPACTS: The proposed new configuration would incorporate approximately 1,856 sq. ft. of Estuarine Water and Public Trust Areas, which is 187 fewer square feet than the existing facility. The proposed new configuration would not encroach into the adjacent 15 -foot Riparian Corridor Setback Area requirement. The proposed structures would extend approximately 187' into a waterbody measuring approximately 325' in width, which would not conform with the 1/4 width distance rule, but would not be any more waterward than the existing facility and would stay within the footprint of the existing facility. If the facility were held to the % width distance the slips would be in water depths of 0' at NLW. With the proposed configuration the structures would allow the facility to accommodate up to five (5) vessels in water depths of approximately —4.0' at normal low water (NLW). Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: 4/10/2017 Office: Wilmington P. O. Box 11291 Wilmington, NC 28404 www.pippinmarine.com March 15, 2017 NCDENR 127 N. Cardinal Drive Wilmington, NC 28405 ; PPM Office/Fax: 910-270-1290 Mobile: 910-471-2034 trip@pippinmarine.com The enclosed CAMA.Major Permit application for Gary Hurley at 6601 Sylvan Lane is to construct a 6'x 185' pier with a 16' x 16' deck area at the end. There will also be a 7' x 70' floating dock with 4 to 5 boat slips. This dock will be for private use by the Sylvan Lane community. �4 - 4:� " - Trip Pippin Pippin Marine Construction, LLC RECEIVED DCM WILMINGTON, NC Piers - Pilings - Boat Lifts Bulkheads - Docks - Residential & Commercial Marine Construction Since 1984 BBYN!-1 APPLICATION for Maier Development Permit (Jest revised 1227/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant! Landowner information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Last Name Agent/ Contractor 2: First Name Mt Last Name I Mailing Address Applicant 2: First Name Ml City Last Name ZIP ( � /f additional applicants, please attach an additional pages) with names listed. Phone No. 1/ A / %i©- 7 /(- Marling Address �!/z2 r? PO Box City State ZIP Countr/y/ Phone No. FAX No. Q / ext. - - Street Address (if different from above) ZIP City State ZIP Email v � 2. Agent(Contractor Information Business Name i Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name Mt Last Name I Mailing Address PO Box City State ZIP ( � Phone No. 1/ A / %i©- 7 /(- /� 2 �/ �[JJ 7 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email j^r/Ytkh %'t G -Co DECEIVED <Form continues on back> "dCM WILMINGTON, NC Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address d l S /14" State Rd. # ew W14 rraln Total length of shoreline on the tract (R.) Subdivision Name Citt�y I State f Zip l% f/t/l�/� (A Pfl •` r Size of individual lot(s) Phone No. Lot No -(s) (if many, attach additional page with list) - - ext a. In which NC river basin is the project located? Name of body of water nearest to proposed project e ea 0c -yr e-ek 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 OManmade DUnknowrt hc e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes DNo work ffallswitth�in. /uta• �rA"11144 /f'`E f. I'! 4, Site Description a_ Total length of shoreline on the tract (R.) b. Size of entire tract (sq. ft) 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) f i XNHW or DNWL e. Vegetation on tract f. Man-made features and uses now on tract g. Identify and describe the epsting land uses adiacent to the proposed project site. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) � AG} f, P &O.7 As Ono ONA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. DYes KNo DNA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a Dyes No DNA National Register listed or e((gib(e property? <Form continues on next page> RECEIVED GCM WILMINGTON, NC .. 1 Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes KNo (ii) Are there coastal wetlands on the site? (les [:]Noo (iii) If yes to either (i) or (it) above, has a delineation been conducted? j]Yes kNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. P wl, n 4-� AP4'_;( 1!7 4CN 14" o. Describe existing drinking water supply source. ' !C p. Describe existing storm water management or treatment systems. tl` 5. Activities and Impacts a. Will the project be for commercial, public, or private use? EjCommercial ❑Public/Govemment Private/Community b. Give a brief description of purpose, use, and daily operations of the pro}ecl when compieie. 64 Odh m � t '90 e k1'r4' f 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. 7 ! e,o y�Jt i d. List all development activities you gfoposs , x B 5 ,c Ptd d eek - 07 / I e. Are the proposed activities maintenance of an existing proieci, new *, or both? .ccs �. f. 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 acc essway or other area []Yes NNO []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. ,40'4 e. t. Will wastewater or stormwater be disd-iarged into a wetland? []YesNo []NA OK If yes, will this discharged water be of the same salinity as the receiving water? []Yes VNo []NA j. Is there any mitigation proposed? []Yes No []NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation 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 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 profit 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 We 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 yJYti' ca 4- '5C rJM- fi Phone No. Address (0 0-1 5��ULtns�r-N LJ1141413cf V1 W- b a314g5 Name f A tc'tuo t1 p'Lovina Lo 3 i na 1 i_ () I, 3 S t �PGhone No. Address �'� Q 't 1'y 1r CCS �,y A Wo t7 Q% i Yh irlsLzh C D'1 ( Name v 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_ h. Signed consultant or agent authorization form, it applicable. i. Welland 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 t am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on the afdtiementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project I further certifyhat te information provided in this application is taj ul to thest of my knowledge. / Date �// �� Print Name /,1� /-L9/0/;7 Signature Please indicate application attachments pertaining to your proposed project. j]DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts DCM MP -3 Upland Development DCM MP -4 Structures Information RECEIVED DCM WILMINGTON, NC Form DCM MP -4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this propased Arm Paeasea ala s, yvvaementaJ information_ ?. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Public/Government �Private/Communiity ❑This section not applicable b. () Will the facility be open to the general public? []Yes JINo c. (i) Dock(s) and/or pier(s) d. (I) Are Finger Piers included? ❑Yes VNO ! (ii) Number If yes: (iii) Length (ii) Number t� (iv) Width (m) Length (v) Floating Oyes XNo (iv) Width (v) Floating OYes ❑No e. (i) Are Platforms included? Yes ONO f (1) Are Boatfifts included? [(Yes IWNo If yes: If yes: (J4 Number —�) (ii) Number (fi) Length (iii) Length /(P (iv) Width A— (iv) Width (v) Floating E]Yes KNo Note: Roofed areas are calcul t?d from d �grine dimensions. lrh 11OCK /- ?K076 Flfrkj (i) Number of slips proposed h. Check all the types of services to be provided. g. ❑ Full service, including travel lift and/or rail, repair or (i) Number of slips existing maintenance service ❑Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: rJ c� ❑ Dry storage; number of boats: 0 Boat ramp(s), member of boat ramps: other,please describe: �i[flt� I. Check the proposed type of siting: ❑ Land cut and access channel [I Open water; dredging for basin and/or channel ]pen water; no dredging required ❑`Other; please describe: k. Typical boat length: 2t m. (i) Will the facility have tie pilings? 0Yes Xo (i) If yes number of tie pilings? j. Describe the typical boats to be served (e. open runabo charter boats, sail boats, mixed types). I. (i) Wilt the facqftybe open to the general public? j]Yes No RECEIVED DCM WILMINGTON, NC i 'Mel '��fJ06 Form DGAA MP -4 "Pae 2 Z DOCKING FACILITY/MARINA OPERATIONS is section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. / 1 ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where wiii residue from nesse! maintenance be disposed or! 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 -1 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. is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED [)CM WILMINGTON, NC []Yes ❑ No revised- '12:'27 s? ror s 10 rO s ( r ct:r-4res. Page 3 of ) n. is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? QYes QNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/Marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW OSAV OSB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Oyes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) AThis section not applicable a. (I) Is the boathouse structure(s): ❑Commercial OPublic/Government OPrivate/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpNe, etc. If a rock groin, use MP -2 Excavation and Fill.) ❑This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpoe, etc) dfThrs section rat WpkaW F a_ Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NMN, [-6. MOORING PILINGS and BUOYS itis section not applicable a. Is the structure(s): ❑Commercial OPublic/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 7. GENERAL b. Number d_ Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC .S1 "?C' ,, AS , :,i, r. a i :*;'zntan r�#£:a`€�` I.-. revised: '12fi; is; Form- DCM, MP -4 (Stiroctures, Page 4 & Ajr a. Proximity of structure(s) to adjacent riparian property Ones 4— 4,io' Note: For buoy or mooting piling, use arc of swing including length of vessel. c. Width of water body -Z,2-3' # e. (1) Will navigational aids be required as a result of the project?. OYes A o ONA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent dooldng facilities. d. Water depth at waterward end of structure NL or NWL Al S. OTHER [I This section not applicable a- Give complete description: NZ A 3 Date/ Project Name .:::� - All tD'Oz;l Applicant Nqame,,,--' . I - -5? Applicant 69naiure RECEIVED CCM WILMINGTON, NC ■■FI Fmmwr" ■[ r� 1 t IS ■ ■ ■■■ ,, d - ■ MIN ■ ■ ♦■ Komi ON 0 imm ■ � nv..r.1 t■ � �Y�e1 rrr ■ ■ME � ■■■is■■■■■was M■M ����15■ ►�1!9, ■ ■■ 1 lm M El m ■i ■■ '41RE�� .■ ONE on ■►� ■� J ■ ■ ■ ■ ■