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HomeMy WebLinkAbout20001077 Ver 1_COMPLETE FILE_20000815\OF WAJF Michael F. Easley, Governor '4 RPG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CO W7 Gregory J. Thorpe, Ph.D. j Acting Director p .? Division of Water Quality January 14, 2002 Live Oak Development Mr. Dean Scarifoni 616 Princess Street Wilmington, NC 28401 SUBJECT: Approval of 401 Water Quality and Additional Conditions Live Oak Development/ Riverwalk North /Convention Center DWQ Project # 001077 New Hanover County Dear Mr. Scarifoni: You have our approval, in accordance with the attached conditions (WQC # 3274) to conduct the following activity at the east bank of the Northeast Cape Fear River, north of the Coastline Hotel, on Nutt Street in downtown Wilmington in New Hanover County. This approval allows you to: 1). Build a concrete bulkhead for a total of 1105 linear feet including the incorporation of 6,820 sq. ft. of open water and shallow bottom; 2). Renovate an existing pier as well as new docking facilities and floating docks; 3). Place a wooden walkway waterward of the bulkhead with two wooden decks proposed along the corridor; 4). Build two additional fixed piers; 5). Build the adjacent highground development. This approval is only valid for the purpose and design that you described in your CAMA application dated December 14, 2001 received by the Division of Water Quality (DWQ). After reviewing your application, we have determined that General Water Quality Certification Number 3274 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your CAMA application dated December 14, 2001. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed on the following page. Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer Page Two Mr. Dean Scarifoni January 14, 2002 1). Turbidity controls must be maintained when installing the bulkhead and walkway, so that turbidity does not exceed 25 NTUs outside the project area (i.e., Turbidity curtains). Please contact this Office at the number listed below if there are any problems with turbidity. 2). Complete the proposed mitigation by creating 1,240 sq. ft. of shallow water habitat from the adjacent shoreline that is presently MHW. 3). The attached Certificate of Completion (COC) must be submitted to the Division upon final construction of the site. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit # 001077 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900. Sincerely, Gregory J. Thorpe, Ph.D. Acting Director, Division of Water Quality Attachments: GC # 3274 Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Henry Wicker WiRO- Joanne Steenhuis 401/Wetland Unit, Central Office - Cyndi Karoly CAMA Wilmington -Ed Brooksl CAMA Raleigh - Doug Huggett Land Management - Laura Stasavich Central Files DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF. Regulatory Division Action ID No. 200001600 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: 001pI I Reference the application of Live Oak Development Company to construct a commercial development that would include a multistory hotel, 7 multi-story commercial/retail and multi- family residential buildings; bulkhead; commercial, public, transient, and private docks; and the extension of the city's public river walk project located on the east bank of the Northeast Cape Fear River, north of the Coastline Convention Center, on Nutt Street, in downtown Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. The Permittee must install and maintain, at its expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities constructed within navigable waters of the United States. 3. It is possible that the authorized stricture may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the Permittee from taking all proper steps to ensure the integrity of the pennitted structure and the safety of moored boats. The Permittee will not hold the United States liable for any such damage January 23, 2002s O? 4. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. f. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work that may be caused from existing or future operations undertaken by the United States in the public interest. g. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. h. The permittee shall comply with the attached list of United States Coast Guard Regulations. i. Pre-construction substrate and wetland bottom contours will be restored. All excess material will be removed to a high ground retention area. j. The authorized stricture and activity will not cause an unacceptable interference with navigation. k. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 2 1. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. in. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Copies Furnished: Mr. John Dorney Division of Water Quality Section North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley National Marine Fisheries Service, NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. C. Robert Stroud, Jr., District Manager Wilmington City Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office Wilmington 1502 North 23`d Street Wilmington, North Carolina 28405 4 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: J. Steenhufs WO Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Live Oak Development c/o Dean Scarafoni County New Hanover Project Number 00 1077 County2 Recvd From DCM Region Wilmington Received Date 8/15/00 Recvd By Region Project Type commercial & residential development Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. LAMA SM O Y O N 18-74-(61) SC SW 30,617. 0.05 C` .ats JC?,,Y N?r? _ 0:46 r Mitigation Wetland MitigationType Type Acres Feet F_ I F_ , Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Provided by Region: Latitude (ddmmss) 341431 Recommendation: 0 Issue 0 Issue/fond DQ Deny Longitude (ddmmss) 775707 Comments: This office has no objection to the upland portion of this development, but it does object to the bulkhead alig?oposed. The waters in this area is classified as PNA and the incorooration of the shallow waters (55 ft waterward of high water fine) would be a degradation of waters which would result in a violation of 15A NCAC 26.02010. The mitioat? proposed would also violate 15A NCAC 26.0201 and would not mitigate for a PNA. cc: Regional Office Central Office Page Number 1 Dec 28 '01 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office 14 : 16 P. 01 Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: ( J a i? To: AkE CO: FAX #• REMARKS 1 C No. Of Pages: From: CO: F,AX#: 910-350-2004 ?-Iz el%N- 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer Dec 28 '01 14:16 1. NCDE R North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley. Governor Donna D. Moffitt, Director December 1.4, 2001 MEMORANDUM_ TO: Ms. Joanne Steenhuis for: Mr. Gregory J. Thorpe, PhD., Acting Director Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: C.AMA/DREDGE & FILL Permit Application Review P. 02 J 9L, PE. . ' William G. Ross Jr.?,"SeCrM&ry&-. Applicant: Live Oak Development/Dean Scarifoni Project Location: East bank of the Northeast Cape Fear River, north of the Coastline Hotel, on Nutt Street, in downtown Wilmington, New Hanover County Proposed IPrgjeet: Commercial development that would include a multi-story hotel; 7 multi-story commercial/retail and multi-family residential buildings; bulkhead; commercial, public, transient, and private docks; and the extension of the city's public riverwalk project, Attached is a copy of the revised field investigation report for the Live Oak Development Project that was submitted on June 30, 200Q7! Due to comments from the original project review, applicant has revised project. Changes are indicated in the report by bold print. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 5, 2002. If you have any questions regarding the proposed project, please contact FA Brooks at Ext. 247. 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. SIGNED This agency approves of the project only if the reconnmendcd changes arc incorporated. See attached. This agency objects to the project for reasons described in the attached conw-icats. DATE [l7 : i 127 Gardinal Drive Extension, Wilmington, North Carolina 2$405-3645 Phone: 910-205-39007=: 910-350-200.41 Internet: http://dcm2.enr.state.nc.us An Equal OpportUnlty 1Atflrmative Action Prnployer - $0% Raoyol0d 1109 , hott consum9r Paper Dec 28 '01 14:17 P.03 Form DCM IV N STR UCT S (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major d. Permit, Form DCM-MP-1. Be sure to complete all other suctions of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _.-,Commercial _ Community X _ Private sad Public (2) Number I new access Dior (for existin dock), 3 new tloatin ocks. and 2 new dock spines (3) Length 75'. 162'. 90' 142', 80'. 5' (resaectively) (4) Width 16' 6. 6', 8'. 6', 6' (respectively)_ (5) Finger Piers _X Yes No (i) Number _6 (ii) Length. l4)1$', (1124', (1130'_ (iii) Width 4.5' (6) Platform(s) _L_Yes No (i) Number 2 wooden ratios (ii) Length 80' (each) (iii) Width 16' each (Riverwalkwill extend the length oftheshoreline,1105 lft. The riverwalk will be 10 =wide along the entire length.) Breakwater (o.g. wood, sheetpile, dc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL, or wetlands e. Mooring buoys N/A (])__Commercial _Community_ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance huoy(s) to be placed beyond shoreline f: Mooring structure (boatlift, mooring pilings, etc.) (1) -Commercial -X-Community _ Private (2) Number 10 mooring pilings at slip-91- (3) Length _ N/A -- (4) Width 6"-1' (7) Number of slips proposed 8 rivate sli sand 395' of public transient dockaee g, other (Give complete description) (8) Proximity of struoture to adjacent riparian property lines 30'to the south. 28' to the north (9) Width of water body 450' _ (10) Water depth at waterward end of pier at MLW or NWL -24' and -32M LW b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, atc.) N/A (1) Number (2) Length(s) _ Revised 03/95 41 - I' d%VM Li ? ?(,yj k - W late ' Applicant or Project Name A . K Signature ? / ?. Date j Dec 28 '01 1417 P.04 Form OCM-MP-3 iv n?i [?rx_Vr?,?t ?- 7??? App leant or Project ame Date Revised 03195 Form DCM-MP 3 Dec 28 '01 1417 P.05 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, For DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed 8 buildiW a s lanned as vart of convention center comp ex b. Number of lots or pareels o arcels c. Density (give the number of residential units and the units per acre} /A d. Size of area to be graded, filled.or disturbed including roads, ditches, etc. Entire site +/- .8 am 1 b graded. e, if the.proposed project will disturb more than one acre of land, the Division of Land Resources must rmcive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and. erosion control plan been submitted to the Division of Land Resources? _ Yes _X_No If ,;yes, date submitted To be submitted b Mincer and roved before work be fnr. f. List the materials (such as marl, paver stone, asphalt, or concrete ) to be used for paved surface. As cone ancrete vacs g. Give the percentage of the tract within 75 feet of MHW orNWL, or within. 575 feet in the case of an Outstanding Resource Water; to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parldng. +!- 85%. The majority of s ace on the site is adiaeent tot line and within the AEC. This was done to conform to the coastal Revised 03195 shoreline buffer, and AEC standards to the greatest extent Tacticable and to enerally maximize vegetative buffos along the shoreline of'tbis urban area. h. Projects that require a CAMA Major Development Permit may also require a Storrnwater Certification. Has a site dcvelopment plan been submitted to the Division of Environmental Management for review? X Yes No SW Permit # SW8 990535 issued 212112001 i. Describe proposod method of sewage disposal. City of Wilmington's sewer system., j. Have the facilities described in Item 1. above received state or local approval? NIA k. Describe location and type of proposed discharged to waters of the state (for example, surface runoff, sanitary wastewater, industrialicommercial effluent, "wash down" and residential discharges). No direct discharges proposed. All. stormwater runoff will be manag&d and directed per a State gp&oved Stormwater plan, 1. Describe proposed drinking water supply source (e.g.. well, community, public system, etc.) City of WilmiiiAton water system W. Willrwater be impounded? Yes _X No if yes, how many acres? N/A n.. lf. the project is an oceanfront development, wben was the lot(s) platted and recorded? NIA Dec 28 '01 14:18 P.06 Form DC1Vt-MP-Z e. Does the disposal area include any coastal wetlands (marsh), SAYS or other wetlands? Yes No 4. OTHER FILL A?CTIVITLES (Exdudlipe ShoreUme Stabdiutiou a. will fill material be brought to site? _ Yes . X Na if yes, (1) Amount of material to be placed in the (2) Dimensions (3) Purpose of b. Will fill material be placed in coastal wetlan (marsh), SAVs or other wetlands? Yes _-__.(. No if yes, (1) Dimensions of fill area N/A (2) Purpose of fill 5. GENERAL a.. How will excavated or fill material be kept site and erosion controlled? i t f w' l en e installed on limits of adin as a tem r uero mcgsure. Swding will uwblli= graded r filled w*ai:as*irmanwt erosion control. S wi c conditions 'of `a State a roved Sedim i Erosion-Control :Plan wi be folly all w k performed on the site, b. What .type of construction equip=U will used (for example, , dragline, backhoe, or hydrau dredge)?.. Pile driver, dozer, dum eks and of c lic er standud Cl 1 and marine c0 tr C 1 an eOUIDI110nt. e. Will :wetlands be crossed in transporting equipment to project site? _ Yes X No If yes, explain, steps that will be taken to lesen environmental impacts. or ? J f. Does the disposal include any area in the water? Yes No 3 SHgggLINE UABMj7AT14N a. Type of shoreline stabilization X bulkhead Riprap b. Length l 0 1 c, Average distance waterward ofMHW or NWL Ma on of bulkhead woWd be Llimd, -at W. ' northw . of MVMVd bulkhea& which is located within historic building footprintand,man-mades ' is proposed to d an averm Mwaterywd of NUM. d. Maximum distance waterward of MHW or N WL 46' Fit NW oorncr of vroyerty) e. Shoreline erosion during pro*ing :1I months N/A f. "type of bulkhead or riprap material Concrete g. Amount of fill in: cubic yards to be placed below water level (1) Riprap NIA (2) Bulkhead.back811. ld111 0 ' jdg locatod.in:the NW caancr below MR W .wou within the footprint-of tbo historic building foun tion and aloaa the manmade eanoL poi which are$s are not con§idered- 'part of the river's natural sba line. This area it Meg iv 1.240 W. to be filled by roughly 6' for a total of 276--g. h. Type of fill material clean fill sand /^J . i. Source of fill material actor deliv Date Revised 03195 I .. t i Dec 28 '01 14'19 P.07 Form DCM-MP-Z EXCAVATIO'N AND FILL (Fxrept bridges and culverts) Attach this form to joint Application for CAMA Major Permit, Form DCM-MP-I.. Be sure to complete all other sections ofthe Joint Application that relate to this proposed project. Describe belowthepurpose afproposod. excavation or fill activities. All values to be given in feet. Average Final I-:x13tin8 Project Tlm fh TVnth Access Channel (MLW) or NIA (NWL) N/A Canal Boat N/A Basin Boat NIA Ramp NIA RoCk amin N/A Rack Breakwat other approx avg -3.5' --•2.9' or (Buludi4 125' g' M, .;L MHW shortline Revised 03/95 i FX VAUON it. Armint of material to be excavat ad from below MHW or NWL in cubic yards n e b. Type of material to be excavated N_(®_.. c. Does +-be area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVO or other wetlands? __.- Yes No d. fligbground excavation in cubit yards--A 1 X40 ft? area to b? uraded down a17Dro?,impit?1 0.5' fur a total of ted volume. This is f fbr th grading of area laninA MM c tour but waterward o£ urooos The area would b M the amour, create rima[M nurs= area keg the riverfront shorelin M. th?e_vronosed lost of §97 ft2 of intertidal PA. 2. DISPOSAL OF EXCAVATED MA` FE IAA a_ Locatirm of disposal ar'ea_._per oaniraetor_ b. Dimensions of disposal arca_ N/ A c. IAo you claim title to disposal area? _ Yes No If no, attach a letter granting ponrission from the owner. d- Will a disposal area be available for future maintenance? Yes - Na? - - .--r i. Rewsid 03195 Dec 28 '01 14:19 P.08 Form DCM-MP-I. Waterfront Develo ment Plan (2020 Vision Plan) by providing convention facilities and ublic waterfront access pubic access will be increased through the extension of the Rivcrwalk and the creation on of public docks and tiers. Standard marine and c2 eroi 1 construction technigues will be used. 4. LAND AND WATER CUARACTERIST1CS a. Size of entire tract 6.8 acres b. Size of individual lot(s) NIA - no individual lots planned c. Approximate elevation of tract above MHW or NWL X-= ±5' MHW -- d. Soil type(s) and texture(s) of tract. Kureb e sands on the uplands. hvdric sands in intertidal range along Cape Fear R.iv_er.--- im• f, Man-made features now on ttact Historic boat sliWcanal, old wooden bulkhesdi concrete building; foundation, old.gilinr building fowdation, wooden vier and dock. (see enclosed aerial?l -- _ _-- - -- g. What is the LAMA Lend Use-Plan land classification of the site? (cawdr,Nsloc t knd wspra?q _ Conservation. Transitional X Developed Community Rural Other h. How is the tract zoned,by local government? Li& Industrial Revised 03/95 1. Is the proposed project consistent with the applicable zoning? ?X Yes No Attached letters from tine City indicate the proposed use is approved and is consistent with the City's Urban Waterfront Redevelopment Plan (2020 Vision Plan). j. Has a professional archaeological assessment been done for the tract? X Yes No if yes, by whom?- (See attached letter from SEEM) k. is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) __X? Other _ If yes, has a delineation been conducted? Yes (Anseb documentation, if available) m. Describe existing wastewater treatment facilities. _City, of Wilmington sewer available n. Describe location and type of discharges to waters of the.state. (For example, surface runoff, Sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No direct discharges plarwed o. Describe existing drinking water supply source. City of Wilmineton water -svstem. . 5. ADDITIONAL INFORMATION In addition to the completed application farm, the following items must be submitted: * A. copy, of,.tbe deed (with state application only) or other instrument. under which the - applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims -title,. plus written permission from the owner to carry out the project :` '- /71 npf i, Dec 28 '01 14.19 P.09 Form DCM-MP-1 * An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8'/z' by 11" white paper. (Refer to Coastal Resources Commission Rule 7]-0203 for a detailed description.) Pleme note that original drawings are preferred and only high quality copies will be accepted. Blue-fine prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements, and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. * A Stormwater Certification, if one is necessary. * A list of the moles 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name A,lmo S i in Address I Ha over Street - Wilmineton. NC 28401 Name . Wilmillixton ha ber of Commerce Address I Estell Lee Place Wilmington, NC 28401 * A list of preAoux state or federal permits issued for work on the project tract. Include permit numbers, per?mittee, and issuing dates. Stormwater Permit # SW8 990535 Bioremedi ion ford' l c nia tion has. b n performed and monitored by. NQ DWO. Groundwater. sea letter enclosed . * A check for 5250 made payable to the Revised 03/95 Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. * A signed AEC hazard notice for projects in oceanfront and inlet areas- * A statement of compliance with the N.C. Environmental Policy Act (MC.G.S. 113A -1 to 10) if the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIMcATION 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State ofNorth Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that .1 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.' / This is'the ?2--Kday of /V PrintName L,.IyK9 . 14 Cried lfr 1 AA: Signature ndawne orAlO II dA my i,.` ,! y I? Dec 28 '01 14:20 Form DCM-MP-1 APPLICATIO (To be completed by all applicants) 1. APPLICANT a. Landowner: ' Live Oak Development Name c/o Dean Scarafoni Address 616 Princess trees City Wikdwon _ State Nt- Zip_ 28401 Day Phone 910-762-4356 Fax 910-762-6019 b. Authorized Agent: Laura Stasavich Name_ Land MMM Crroup Address P. O Box 2522 City VJilrningn __ State ILC Zip 28402 Day Phone 910-452-0001 Fax 910-452-0060 c. Project name (if any) Wilmin on Riverwalk North / Convention Center NaTte` Permit wiff fie issued in name of awdowner(s), and/or project mane Z. LOCATION OF PROPOSED PROJECT a. County New Hanover Revised 03/95 P.10 b. City, town, community or landmark Wilmin •on c. Street address or secondary road number. Nutt Street d. Is proposed work within city limits or planning jurisdiction? X Yes No (City of Wilmington) e. Name of body of water nearest project (e.g. river, creek, sound, bay) Cane Fear River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, And excavation and/or filling activities. Applicant proposes to (1 construct a convention Gen ter with hotel, associated buildings parking and public pavilion (2)install concrete bulkhead and extend the Wilmin p Riverwa k the len h of the waterfront 3 repair and existing dock L4) add three public transient docks and .8 desi ated sli s. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial i ge? Public and Commerical d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Project will artiall fulfill oals outlined in the CL of W' on's Dec 28 '01 14:20 P.11 Enclosures: Revised application forms (15 copies of enclosures for distribution) Revised Sheet 9 (15 copies of enclosures for distribution) Revised Sheets 17a and 17b (15 copies of enclosures for distribution) 1956 aerial photograpb 0 5 copies of enclosures for distribution) i y G 'Irl LL' w -Y• RiverwalkNorth / Wilmington Convention Center Revised CAlllA Major application Dec 28 '01 14:20 czo7z ' t..'t't 49JrcuseY1iI v.cat, J,r.c l't o; ??. ott?tta? %RaW&n& *W 2522 Jul sao-a5;t-ooo9 . ? ? ,,'ton[ W/ qw. 2 $ November 2001 Ed Brooks NC Division of Coastal Management 127 North Cardinal Drive Wilniington, NC 28405 -?" RE: Revised CAMA Major Application .0 nvennon Dear Ed, r P. 12 seas %?:erpble.KUe e 9!;4. &R, M Boa in response to agency comments received during review :of the above-referenced project, the site plan has been revised and impacts have been farther minimized. Concerns during the first review referred to. the alit of the proposed bulkhead and its associated bacldll. In the original 'sie,plan, the bulkhead would. have extended beyond mean high water (WM by an average of six feet along the length of the river's shoreline. Backfill would have been placed in un vegetated intertidal area and in approximately 950ft, of coastal marsh. The bulkhead location, has now been revised so that it is aligned at mean high water along the majority of the river&ont shoreline. This will greatly reduce the amount of backfill below MHW. All of the bulkhead along the riverfiont will be aligned at or landward of NIHW, excepting a 130 HL section. This. re-align sent will result in an average alignment which is no more than 0.5' waterward of MHW over the riverfront. shoreline (excluding NW corner discussed below). The revised alignment will also completely avoid any ` athmd fill, by moving the bulkhead landward to avoid the two coastal marsh pockets. At approximately 1,240 sq.ft. area behind these coastal marsh packets is above the MHW elevation but waterward of the planned ;balkbead. Grading this area to the MHHW elevation is proposed to create additional intertidal area and to ofet the small amount of intertidal area located landward of the bulkhead. The debris which is currently located along the entire rivex&ont shoreline will also be removed to improve the quality of this intertidal area. The planned extension of the city's Riverwadk bas also been altered to accommodate this new design. With the revised bulkhead alignment at mean NO water, the Riverwalk is now proposed as a piling supported and wooden walkway, to be located waterward of the bulkhead. The width of the walkway along the river has been reduced from the originally Riverwnik.North / Wilisington Convention Center Revived CAMA Major applietwon Dec 2Q '01 1421 P.13 requested 12'-width to a I0'-width. Although the walkway will be an entirely piling supported and pervious surface' this reduction is intended to reduce the width to the greatest extent possible. As a public walkway, a ;minimum 10'width is needed for safety and handicap access. At the northwestern corner of the proporty, a concrete "footer" and an old piling foundation from previous buildings are still present. As determined in our meeting on 11/912001, historic aerial photographs indicate the area landward of this concrete footer and within the pftg foundation has not historically been part of the natural shoreline (1956 aerial pbotograph enclosed). The revised site plan proposes to fill a portion of this for=rly occupied intertidal area, with the understanding that it is highly disturbed and is, not functioning PNA (par discussions with NC DW staf• pill in this corner could not have beau avoided, since the proposed building pad # 2 had to be shifted north in order to completely avoid coastal marsh fill. The planned bachead along the man-made canal, at the northern extent of the property, is proposed an average of 6' waterward of the old bulkhead. Being a man-made and maintained canal. it is not considered primary nursery habitat and impacts are not thought to be sigufficant. The proposed Riverwalk along the canal will remain 10'-wide but will be placed on concrete pavers atop the. bulkhead baekfill. The bulkhead and Biverwalk will not turn north at the end of the canal, -and the bulkhead will taper into tho natural grade. This was:done to avoid the two coastal xwrsh pockets located at the upper limits of the caul. Since all of the coastal marsh on the site will now be avoided, the previous wetland mitigation Work involving a breakwater and Spartina plantings has been removed from the application. Also please find enclosed a copy of the approval letter for the project's Storinwater Management Plan. Since there are nat.twerrty-one days renu ning in the extended review period for this application, we arc requesting that proeessuxg of this application be placed on voluntary hold to allow for the twenty-one day review of this revision. As always, piease,do nor hesitate to call if you would like to discwts these changes. .1 ??ti • ? lid ? ii f till Sincerely, Cl 1. 1 /Laura Stasavich Environmental Scientist cc: Jeff Scaffer, NC Division of Coastal Management, Raleigh Dean Scarafoni, Live Oak Development Riverwalk North / Wilmington Convention Center Revised CAMA Major application Dec 28 '01 14:22 P.14 Live. Oak Development fare 3 proposes to grade the area (1.240 sq.ft.), between the revised alibnment of the bulkhead and mean hi. 11h water, to the mean high water elevation contour. Based on the proposeo bulkhead alignment in the revised drawings, the actual incorporation of shallow eater habitat and PINTA bottom in Public Trust Area and EEuarine maters is 6,820 square feet. Along the western shoreline, the proposed extension of the City of willmington's Riverw21k Pr(? && has bean re-designed from a concrete sidewalk, to a piling supported, elevated, wooden walkway located on the waterward side of the bulkhead. The walkway width has been reduced from 12 feet to 10 feet. Along the boat basin (northern shoreline) the walkway design remains as a concrete sidewalk, landward of the new bulkhead. The sidewalk would be 10 feet wide. The proposed elevated walkway would be interrupted in two places along the riverfront shoreline by open wooden decks associated with commercial developments on the adjacent highground (Bldg. Pads 1 & 2). These decks would be 60 feet long and 16 feet wide and elevated on pilings over the water. Pedestrian traffic from the adjacent walk-way would be routed along the outside perimeter of the decks, separated from the interior commercial activities by handrails. The project includes the renovation of the existing pier, as well as, the construction of new docldng facilities. Cl=ges to the existing pier include the mmoval of the current access pier and constructing anew access to the T- bmd, 75 feet long and 16 feet wide. New floating docks would be added to the east and west sides of the existing T-Bead, 162 feet long X 6 feet wide and 90 feet long X 6 ;Feet wide, respxtively. A third new floating dock is proposed waterward of the Building Pad 1 commercial desk area. This dock would be oriented parallel to the proposed bul Mad and would be 142 feet long and 8 feet wid°. It would be accessed fmin a ramp to the bulkhead, appro)dmately 35 feet long and 4 feet wide. Two additional fixed piers are proposed north of these facilities. One would be 84.5:t' et long and 6 feet wide, with 4 finger piers (2 each side) 18 feet long and 4.5 feet wide, located 52 feet apart. Six (6) mooring pilings (3 each side) would be installed 50 feet from the pier spine, 32 feet on center. The second new pier would bo constructed from the northwest comer of the bulkhead and would be 59.5 feet long and 6 feet wade, with 2 fmger piers (Z each side) at its terminal end, one 30 feet long and 4.5 feet wide and the other 24 feet long and 4.5 feet wide. Four (4) mooring pilings (2 each side) would be associated with this pier, also 32 feet on canter. The applicant states that the existing pier and associated new docks would provide for transient dockage for a daily :fee. 71he separate floating dock would provide non-fee public dockage on a first come basis. And the 2 new fixed piers would provide eight (8) leased boat slips. The adjacent higliground development would consist of a multi-story heel/convention center and 7 multi-story, mixed-use comniercial/mt4l. and multi-family residential structures. The proposed complex and associated parking would create an 85 % impervious coverage over of the entiro 6.8 acme elect, puler than the building footprints, details of the proposed uses for individual buildings, cxccpt for the Marriott Hotel (Bldg. Pad #3), have not provided in this application. Ibc exact uses, typos of retail business, etc. would change as the project evolves, but all dovelopmcnt would be within the design of the project's infrgstructuM. The proposed development would disturb all the of high.-round property, and create impervious coverage over 85% of the entire 6.$ acre tract. The proposed shoreline stabilization bulkhead would incorporate approsmnately 6;820 squo" fed of shallow water habitat In Public Trust Area. and Estuarine Waters that are designated as Primary Nursery Area. The applicant's. application has incorrectly disreguaxded all but 637 square feet of this frill below MHW, by citing the 1956 aerial photogaph and stating that these areas were not historically considered as a part of the natural river. The proposed mitigation proposal would Dec 28 '01 1422 P.15 Live Oak Development page 4 NIHW ora e ters awould bove create 1,240 square feet of shallow water habitat from adjacent a drboretine that proposed Riverwalk extension, commercial decks, w docks another 15,839 square feet of public Trust Area and Estuarine Waters. The man-made basin acllacent to dditi the north side of the property presents the potential for aonial future water-related and/or marina development to be associated with MIS prope.Kty. The proJ? would provide additional estuarine access for the public through the extension of the City of WRIningtonts Riverwalk Project and the proposed public docks, although no management plan has been proposed for use or control of the large amount of transient dock space. Submitted by: E. F. Brooks. Date: 12112101 Office: Wilmington Dec 28 '01 14:23 P.16 IZExTSED 1 D LN71 STIGAT ION REPORT i. APp'LICAmr,S NAME- Live Oak DevelopmentlDean Scarifoni 2. LOCATION OF PROJECT SnT: East bank of the Northnst Cape Fear River, north of tbe. Coastline Hotel; on Nutt St., .in downtown Wilmington, New Hanover County. Pboto Index -19-CL4.: 14-MM-P,17-19 IM: 179-38:Q,T, 5-7 12SA: 15-186:K-M, 8-10 State Plane Coordinates - K: 2318181 Y: 179971 GPS- 0102215E 3_ INVESTIGATION TYPE: CAMA/D&F 4. INNESTIGATIVE PROCEDURE: Dates of Site Visit - 3127/00 7121/00 10/2Z/01 Was Applicant Present - Yes No Yes 5. PROCESSING PROCEDURE: Application R"ved - 6/30/00 Revised 11/30/Office - Wilmington 6. SITE DESCFJMON: (A) Local Land Use Plan - Wikbgton-New Hanover Land Classification Frolu LUP - Developed and Conservation (ABC's) (B) AEC(s) Involved: PS, ERW, PT (C) Water Dependent: Piers & shoreline stabilization - Yes Commercial & upland development - No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Nome Planned - City of Wilmington municipal sewer M Type of Structures: Misting - Old shipping terminal pier Planned - Proposed development includes a multi-story hotel., 7 multi-story commercial retail and multi-family residential structures,.bumbead, commercial., public, uunsicnt, and private docks, and the extension of the city's public riverwdk project. (G).Estimated Annual Rate of Erosion: n/a Source - n/a 7. HABITAT DESCRIPTION: [AREA] DR>CfRri OR (A) Vegetated Wetlands - (B) Non-Vegetated Wetlands - Open 6.820 soft. Incorporated Water & Shallow Bottom 159839 sgft• .(C): Other 296,208 sgft. (high ground disturbance) (Approx. 6.8 acres) (D)Total Area Disturbed: 319,867 sgflt. (E)PAwary,Nursery Area.: Yes (I)Water Classification: SC Open: No shellfish resources 8. PROJECT BM MARY- The applicant is proposals a-commercial development that would include a multi-story hotel; 7 multi-story commercial/retail, and multi-family residential buildings; bulklicad; commercial, public, transient, and private docks; and the extension of the city's public riverwalk project. Dec 28 '01 14:23 P.17 Live Oak Development Page Z- y, ]MO MCI DFC iPTION The project is located on the east bank of the Northeast. Cape Fear River, north of the Coastline Converutioll Center, on Nutt Street, in downtown Wilmington, in. New Hanover County. There is a man-made canal/basiii along the north side of the property and the Wilmington Chamber of Commerce office borders the south sido of the tract.. The 6.8 acre tract has approximately 585 feet of river frontage and an additional 450 feet of waterfront along the canal The canal shoreline was stabilized by an old bulkhead which is now gotten and in disr?pair. The tract averages 690 feet in depth from the river to Nutt Street. The property bas an average elevation of + 10 feet above mean sea level. The property was previously some type of shipping tcnninal. Aerial photography (1984) indicates the presents of railroad tracks and a large storage tank, but the old pier is the only remabdrig remnant. structures of the old facility. The applicant received State Permit # 91-99 to clear and grade the property in preparation for his planned commercial development. This work has boon completed and the property is currently vegetated (grass) and maintained in a mowed state. The pre-existing soil remedlation project has been completed and approved by the N.C. Division of Water Quality - Groundwater Section, Permit # SR0800073. Along the shoreline in the northeast corner, there are the remnants of an old concrete building foundation, partially over thte water, supported by pilings. South of those pilings, there is a area of coastal wetland vegetation, approximately 60 feet long and 20 - 40 feet wide, which includes: Giant Cordgrass (Spartina cynocoroides) and Smooth Cvtdgrass (Spardna atterni flora). Additonal coastal wetlands are located at the very upper end of the man-made basin on the north side of the tract. This area consists primarily of Saw Gmss (Cla&um jamaiceme). The Northeast Cape Fear River is approximately 700 feet wide at the project site. It's waters are classified as SC, by the NC Division of Water Quality. There are no shellfish resources in the project area. At the project site, the Northeast Cape Fear River is a designated Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The highground portion of the project is classified as "Developed" by the Wilmington-Now Hanover Land Use Plan. The CAMA Areas of Environmental Concern and any area located in the 100-year flood plain are considered to be classified as "Conservation". The applicant is proposing a commercial development that would include a multi-story hoteliconvention center; 7 multi-story cammemlal/retail and multi-family residential structures; bulkhead shoreline stabilization; commercial, public, transient, and private docks;. and the extension of the city's public riverwalk project. Shoreline stabilization would consist of a vertical concrete bulkhead totaling 1105 linear feet in length. Tie applicant has revised.the original' proposed alignment of the bulkhead along the river-front (excluding the northwest corner) to avoid all. coastal wetlands. In the northwest corner of the property, the applicant contends that he. is unable to reduce any fill in area of the the old concrete and piling foundation, due to the above referenced bulkhead rvaligmwt forcing. the proposed building pad northward. Here, there are no proposed changes, from the original application's bulkhead alignment. This area is approximately 1800 square feet, and the alignment is approximately 45 feet waterward of the mean high water line. The applicant bas provided an additional aerial photograph (1956) showing that the original building was Constructed over, what was at that time, high9mund. The section of bulkhead (90 LF) south of the old foundation also averages 8 feet: below. MHW..Along the boat basin (north side), the proposed bulkhead would stay the sauce as originally proposed, varying between 4 and 10 feet waterward of the existing, failing bulkhead. The applicant has listed only 697 square feet of fill below AIHW, citiuag the 1956 aerial photogaph`and stating that the remalning areas ,weremot historically considered. as a part of the natural river (Revised drawing 17A). To mitigate for this listed incorporation of PNA. bottom, the applicant Dec 28 '01 14 : 24 P. 18 Riverwalk North / Wilmington Convention Center Revised CAMA Major Application 11/27/2001 List of Figures Revised 11/2712001 Figure 1-8 Same as 6/28/2000 9 Revised 11/27/2001, enclosed 10 Pier and dock information same as 6128/2000, sboreline stabilization revised as shown on revised 17a, 17b 11 Delete 12 Same as 6/28/2000 13 Delete 14 Same w 6/28/2000 15 Same as 6/28/2000 16 Delete 17 Revised 11 /27/2001 with 17a and 17b 18 Delete Md. 1 1A l 1 1 1 i 1 i Dec 28 '01 1424 P.19 Riverwslk North/ Wilmington Convention inter Revised CAMA Permit Applirtion 11/27)2001 HANOVER STREET PURUC WATERFRONT ACCESS KOX MYEII M 12,022 EF nu" 'MiA 00all ev M" PAW 48" W 2001 L`.., r V ••r f, 1'1 ?1J11 OF E SCALE 1" = 100' mulung Engineer's, Wilmington, NC DEVELOPMENT PLAN REVISED SHEET 9 of 18 revised 1111W001 Dec 28 '01 14 : 25 P.20 10'X1 PILING, Blip WOOVEM fl ICY Ier T A 71M 1^ Y t .. i F 13 I ,.' x io, PILING OUITGRTED Woom o6cK to'-WIDE I- Sfte plan provided by Andrew &.Kuskc. W'?WIG! p{IBUGa?NNEAIWILK Tri?lO?t Dec 28 '01 1425 P.21 - „ ,.. dom. i._. ... ...., .. .. -,. ._;:i.?..ti?_:-?.?ti_,_.4::;Ja,dd.:11.1.:.?.,::4:.:.:.:.:?`.?.W.v?Y,:,:,....? .L;_,:;?.??•,?? ?.:,:?._.?.::.::: ?1.,?.:;,.?: ?.:?:_,_??..???•.,, ?,'??,?. AREA HISTORICALLY PART OF OLD BUILDING FOUNDATION AND MAN-MADE CANAL. REMAINING PILING FOUNDATION, CONCRETE BUILDING POOTER, AND HISTCRIG CANAL BULKHEAD SHOWN. GIVEN THE HISTORIC USE AND MAN-MADE ORIGIN OF THESE AREAS. THEY ARE NOT CONSIDERED PART OF NATURAL RIVER 9I-IORELINE (See enoloaed 196e aerial photograph). I him* NW05 .?-------------. --- --------.-r- D C OD ?RiN1Y . I•?llal Of %0 N11U111fN1 O a PROPORM I L KaEAD 1 -• ?p¦N¦C 1 ? de r r ? I a I au R Wan" 1 79 Q ? i M X7.1 Pf'opom r1r "X,IIm OF 0!D euumEAD Site plan provided by Andrew 8 KIJO<1' Dec 28 '01 14:25 P.22 toemul, ? ,?«,.•?»?- Riverwalk North / Wilmington Convcntlon,l cation Revised CPS Permit App' 1112712001 . ??ht Td'WNt law • . IiANovER STREET 1 1 'I 1 11 I? 1 1 . E k, y 3 2 0 91 ' i I u I`JI'•Ji U -- `1r'11?l?1? IKAIr ?---?? ' 1 t '. , °,i-? ;?t L_ i= {111 ENT COASII.INE CEN . ' ¢' x SCALE 1" ? 100' e, Consulting Eingineers, Wilmington, NC HISTORIC USE AND p(IST/NG CONDITION OF SHOREONE. REVISED SHEET 17A of 1V revised 11/27/2001 • .??rr„rn ?;r ?,r?Dv',? n} a ?S ` ?a•+ ???''G,.,.? Y'?1 , ? ,, , i - ; . , :?%¢ ^`c ,F"1??+??y? ??? ,.?;:?7'???{`ffyr...: r,,:?;;Y?`rc.?s?"`S<a??6??'Sn' . .. Dec 28 '01 14 : 26 P. 23 now PILL BELOW MHW, ICa By SHOItcLtRS PBEVIOUBLr UCCUr 2,czt n PNOCPOk#+ 0 OItPATC IINTIM aAL AREA suffARLi I 3 PILL BELOW MHW. WATBRWABD ON OLD BULKHI •uve Ow"it PPOMM Site plan provided byAndrew a NusxB, ?. r Dec 28 '01 1426 P.24 ? qk? 7Rtl' WILL TAM INTO NATURAL GRAM f fz? I? I 4 'OASTLINE CEN 1 Riverwalk North / Wilmington Convention c;e?tero , Revised LAMA Permit Appl Cot on 11/2?/??01 .,! 7?.,: ?,•: 4A IHANOVER STREET I I fill, n,1F-NT SCALE 1" = 100' rig engineers, Mimington, NC i" SHORELINE STABILIZATION REVISED SHEET 176 of 18' revised 11/27/Oa 1 Uepartracnt vfbuvironment and Natural Resources i)ivislon of Water Quality -Wilmington 14glonal Ofee Michael F. Easley, Governor William G. Ross Jr., Secretary February 21, 2001 Mr. Dean Scarafoni, President Scpraf'oni Associates NC, Inc. 616 Princess Street Wilmington, NQ 28401 Dec 28 '01 14r?2.6?P.25 LEA DENK N.C NORM CMOLJXA DCFMTMENT OF CNY[RONMEKrAND NaURAJ. RCSOLRCFS Subject: Permit No. SW8 990535 Modification Old Fort on the Cape Fear High Density Stormwater Project New Ilanover County Dear Mr. Scaral'oni: The Wilmington Regional O ice received a complete Stormwater Management Permit Application for Old Port on 1ho Cape Tear on February 21, 2001. Staff review of the plans and specifications has determined that the project, as proposed. will comply with the Stormwater Regulations set forth in Title 15A NCAC 214.1000. We are forwarding Permit No- SW8 990535 Modification, dated February 21, 2001, fox the construction of Old Port on the Cape Fear, ' This permit shall be effective from the date of issuance until Februmy 21, 2011, and shall be subject to the conditions tl?id lilnitf%60113 as specifiod therein. Please pay special attention to (lie Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the storniwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you nave the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt ofthisprrmit, Thisrequestmust be in the form ol'u writum petition, conforming to Chapter 1560 of the North Carolina General Statutes, and filed with the Office of Administrative l learings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this pci-mit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me tit (910)' 395-3900, sincerely, ( "i, C.,-•1- Rick Shiver Water Quality Regional Supervisor RSS/arl: S.\WQS\STOItMWAI'Nl?E•RMIl\990535 Modiftcation cc Phil Norris, P.13. Pony Roberts, New Hanover County Inspections 7-, Beth Easley, New Hanover County Engineering Linda Lewis Wilmington Regional Office Central Viles _ 1X7 car imo 1)r. 1:x1., Wilmington, Nar?b CerolNla 28405 Tctephonc 910495-3900 FAX 910-350-7,004 An Renal Opporhleily Artirnnrrlve Action Employor t 50% rteyclcdl1094 post-consumer paper - I i III i i _ Dec 28 '01 14:27 P.26 Department of Etivironment and Natural Resources 'Division of Water Quality An Wilmington Regional office +?¦??? Michael F. Easley, Governor NCDEHR William G. Ross Jr., Secretary NORTH WOUNA UQMH11gMENT Of CFlvtnON 4tr4T AND H^rumom- R&:vWI,CCS February 21, 2001 Mr. I3can Scarafoni, Ptosident Scarafoni Associates NC, Inc. 616 Princess Street Wilmington, NC 2840,1 Subject: Permit No. SW8 990535 Modification old port on the Cape Fear High Density Stormwator Prvjcot New f limover County IX-ar Mr, Scaral'oni: The Wilmingtol Regional Office received a complete Stormwater Management Permit Application for Old Port on the Cape Fear on February 21, 2001. Staff review of the plans and specifications has determined that the_ project, its proposed, will oomply with the Stormwator Regulations set forth in Title I SA NCAC 211.1000. We are forwarding Aerrnit No. SW8 990535 Modification, dated February 21, 2001, for the construction of Old Port on the Cape Fear. This permit shall be effective from the date of issuance until February 21, 2011, and shall be subjeot to the conditimns and limitations as specified therein. Please pay special attention to the Operation and Maintena acc requirements in this permit. Faihu a to establish an adcquate system for opmatiou and maintenance of the, stokmwatet management system will result in future compliance problemis, If any parts, rcquirements, or limitations contained in this permit are unacceptable, you have the right to roquest an adjudicatoryhearing upon written requestwithinthirty(30)days following receiptofthis pert-nit, Thisrequestm?;usi be in the foryr,n1 of-a wriuen petition, conforming to Chapter 1508 of the North Carolina General Statutes, and filed with the Qlliae of Administrative llcarings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands MC m.tdr this pt:r1»it shall be final and binding, If you have any questions, or need additional information concerning this watter, phase contact Linda Lewis, or me ?iY:(gla) 395-3900, Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/ar); S_1WQS\S?OI?MWA711"LRMI-!7990535 Modification CG: Phil Nords, P.13. Ton Roberts, New ldanovor County k5pWtions Beth Easley, New !Hanover County Engineering Unda Lewis -? ! .-.. , Wilmington Regional Office culitral Files W 01r4lill:+l 04'. CAL. W010111Eton, North 011'OH11A 29405 Telophone 910-345-3900 FAX 010-350.2004 An K1111810111)03-114111iyArfiraIMe1ve Actiun t:m1119ycr I 50Yo 4'ccyclVtillOYu p0st-c9n3u10crpapcr Dec 28 '01 14:27 P.27 I w:r7, 7, i7JJI An old bWidinb and bulkhead were historiaaPy to =iad in what 15 now the %N, corner of, the proposed deveiopmen?. This photograph indicates the area landward of the remaining Concrete building footer and the oid bulkhead was not histori: ally part of the natural shoreline (see revised Sheets 72, 7h). old building old bulkhead along man-made canal SCALE 1 = 320' ?.`!ES?Cl Si i c PLAN 001077 Subject: 001077 Date: Wed, 01 Nov 2000 16:40:58 -0500 From: Joanne Steenhuis <Joanne.SteenhUls@ncmail.net> To: Cyndi Karoly <Cyndi.Karoly@NCMaiI.Net> CC: Danny Smith <Danny.Smith@ncmail.net> Cyndi, I read the letter from Land Management concerning the amount of impacts. Thaey say only 950 sf of vegetated wetlands... WELL, we are very much concerned with the non-vegetated Primary Nursery area (waters) they will be filling. Joanne Joanne SteenhUlS <Joanne.SteenhuisC(?ncmail.net> I of 1 11/6/00 3:24 PM Wetlands Tracking Facility Name Live Oak Development c/o Dean Scarafoni I County New Hanover Project Number 00 1077 County2 0Inactive J Region Wilmin ton Project Type purpose of commercial & residential development I DCM Office Wilmington Location NE Cape Fear River, downtown Wilmington I COE Office Wilmington 4018 Last Total Total Total Mit Recvd Sent to Recvd Action 401 401 Totals Mit Recvd From Date Region Region Date Last Action Acres Feet Acres Feet DCM 8/15/2000 8/15/2000' _ 9.27.2000 Hold 401 1 401 Total for Project: _J Inspections/ Violations Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St I D y ()N I I I 11 ant. MEMORANDUM 1 11 TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Live Oak Development c/o Dean Scarafoni Project Number 00 1077 Recvd From DCM County New Hanover County2 Region Wilmington Received Date 8/15/00 Recvd By Region Project Type commercial & residential development Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. LAMA SM O Y O" F_ 18 74-(61) SC sW 30,617. 0.05 F CA-MA Waters [57y -@)N F_ F_-F_F_ F- 0.46 F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Provided by Region: Latitude (ddmmss) 341431 Recommendation: 0 Issue 0 Issue/Cond t0 Deny Longitude (ddmmss) 775707 Comments: This office has no objection to the upland portion of this development- but it does object to the bulkhead alignment as p??osed. The waters in this area is classified as PNA and the incorporation of the shallow waters (55 ft waterward of high water line) would be a degradation of waters which would result in a violation of 15A NCAC 213-0201 (b), The mitigation imposed would also violate 15A NC:AC 2130201 and would not mitigate for a PNA cc: Regional Office Central Office Page Number 1 Facility Name Live Oak Develop ment c/o Dean Scarafoni County New Hanover Project Number 00 1077 Regional Contact: J. Steenhuis Date: 9/7/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 ya4a 5wffA, inc- ?o6eel ? .?il V Yl?e'.A ..A..ieofe 5. 27 October 2000 Mr. John Dorney NC Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 ,Ad 0lAre Ax 2522 W1d6&W&x, AWA %6dma 28402 910-452-0009 NOV - 1 2000 .. WOAUS GROUP WATER ' gPJ.,T, SEcTI^.,,i RE: CAMA Major application, Wilmington Riverwalk North /Convention Center DWQ Project # 001077 Dear Mr. Dorney: guile 14 ?outi A.A q2. 9'.k 3805 V.0Iv W& ,WVM e VdmMytm, M 28403 We have received your request for additional information on the above mentioned project. In your letter dated September 27, 2000 you requested detailed information be provided regarding avoidance and minimization of wetland impacts associated with extension of the Wilmington Riverwalk. We would like to point out that the current application proposes to fill no more than 950 ft2 of vegetated coastal wetland, rather than the 2,222 ft2 indicated in your letter. The bulkhead (over which the Riverwalk would be placed) would require roughly 2,220 cubic yards of backfill below MHW. This represents an average 7.2' fill-depth over an 8,300 ft2 intertidal area. Of the area to be filled below MHW, a 950 ft2 area of vegetated wetland would be impacted. At this time, we have requested the CAMA Major application be placed on a voluntary, 60-day hold. We will use this time to review the project and examine the possibility for further minimization of wetland impacts. We will respond further after this time. Sincerely, Laura Stasavich Land Management Group, Inc. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 ? • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 27, 2000 DWQ Project # 001077 New Hanover County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Live Oak Development C/o Dean Scarafoni 616 Princess Street Wilmington, NC 27401 Dear Mr. Scarafoni: The Division of Water Quality has reviewed your plans for the discharge of fill material into 2,222 square feet of wetlands and 20,015 square feet of water located at Live Oak Development in New Hanover County for commercial development on the Cape Fear River as described in your application dated August 15, 2000. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you contact the bulkhead to minimize fill of this Primary Nursery Area (PNA)? Also the proposed mitigation will not replace the lost uses of this PNA. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within three weeks of the date of this letter by sending a copy of this information to me and to Ms. Joanne Steenhuis, Wilmington Regional Office at (910) 395-3900. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any questions. cc Wilmington DWQ Regional Office Wilmington Field Office Corps of Engineers Central Files File Copy Doug Huggett; Division of Coastal Management Lawn Stasavich; Land Management Group Wetlands/401 Unit • 1621 Mail Service Center • Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 9 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director August 10, 2000 MEMORANDUM: TO: Mr. John R. Dorney, NCDENR Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27611-7687 FROM: Doug Huggett Major Permits Processing Coordinator 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 001077 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Live Oak Development/Dean Scarafoni Project Location: East bank of the NE Cape Fear River, North of the Coastline Hotel on Nutt St., Downtown Wilmington, NC, New Hanover County Proposed Project: Proposing a commercial development that would include a multi-story hotel; 7 multi-story commercial/retail and multi-family residential buildings; bulkhead; commercial, public transient, and private docks, and the extension of the city's public riverwalk project Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2000. If you have any questions regarding the proposed project, please contact E.F. Brooks at extension 247. 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 Z 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 001077. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Live Oak Development/Dean Scarifoni 2. LOCATION OF PROJECT SITE: East bank of the Northeast Cape Fear River, north of the Coastline Hotel, on Nutt St., in downtown Wilmington, New Hanover County. Photo Index - ,125_: 14-153:M-P,17-19 12$2: 179-38:Q,T, 5-7 12$4: 15-186:K-M, 8-10 State Plane Coordinates - X: 2318181 Y: 179971 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/27/00 7/21/00 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 6/30/00 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington-New Hanover Land Classification From LUP - Developed and Conservation (AEC's) (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Piers & shoreline stabilization - Yes Commercial & upland development - No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - City of Wilmington municipal sewer (F) Type of Structures: Existing - Old shipping terminal pier Planned - Proposed development includes a multi-story hotel, 7 multi-story commercial retail and multi-family residential structures, bulkhead, commercial, public, transient, and private docks, and the extension of the city's public riverwalk project. (G) Estimated Annual Rate of Erosion: n/a Source - n/a 7. HABITAT DESCRIPTION: [AREA] TnL?TI/"!T Tl TTT T T+T? (A) Vegetated Wetlands - Coastal 1LL1iL 2,000 s ft. j n a (B) Non-Vegetated Wetlands - Open Water 20,015 sgff. Incorporated 10,479 s ft. (C) Other (high ground disturbance) 359,805 sqft. (Approx. 8.26 acres) (D)Total Area Disturbed: 392,300 sqft. (E)Primary Nursery Area: Yes (F)Water Classification: SC Open: No shellfish resources 8. PROJECT SUMMARY: The applicant is proposing a commercial development that would include a multi-story hotel; 7 multi-story commercial/retail and multi-family residential buildings; bulkhead; commercial, public, transient, and private docks; and the extension of the city's public riverwalk project. Live Oak Development Page 2 9. PROJECT DESCRIPTION The project is located on the east bank of the Northeast Cape Fear River, north of the Coastline Convention Center, on Nutt Street, in downtown Wilmington, in New Hanover County. There is a man-made canal/basin along the north side of the property and the Wilmington Chamber of Commerce office borders the south side of the tract.. The 8.26 acre tract has approximately 585 feet of river frontage and an additional 450 feet of waterfront along the canal The canal shoreline was stabilized by an old bulkhead which is now rotten and in disrepair. The tract averages 690 feet in depth from the river to Nutt Street. The property has an average elevation of +10 feet above mean sea level. The property was previously some type of shipping terminal. Aerial photography (1984) indicates the presents of railroad tracks and a large storage tank, but the old pier is the only remaining remnant structures of the old facility. The applicant received State Permit # 91-99 to clear and grade the property in preparation for his planned commercial development. This work has been completed and the property is currently vegetated (grass) and maintained in a mowed state. The pre-existing soil remediation project has been completed and approved by the N.C. Division of Water Quality - Groundwater Section, Permit # SR0800073. Along the shoreline in the northeast corner, there are the remnants of an old concrete building foundation, partially over the water, supported by pilings. South of these pilings, there is a area of coastal wetland vegetation, approximately 60 feet long and 20 - 40 feet wide, which includes: Giant Cordgrass (Spartina cynocoroides) and Smooth Cordgrass (Spartina alterniflora). Additonal coastal wetlands are located at the very upper end of the man- made basin on the north side of the tract. This area consists primarily of Saw Grass (Cladium jamaicense). The Northeast Cape Fear River is approximately 700 feet wide at the project site. It's waters are classified as SC, by the NC Division of Water Quality. There are no shellfish resources in the project area. At the project site, the Northeast Cape Fear River is a designated Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The highground portion of the project is classified as "Developed" by the Wilmington-New Hanover Land Use Plan. The CAMA Areas of Environmental Concern and any area located in the 100-year flood plain are considered to be classified as "Conservation". The applicant is proposing a commercial development that would include a multi-story hotel/convention center; 7 multi- story commercial/retail and multi-family residential structures; bulkhead shoreline stabilization; commercial, public, transient, and private docks; and the extension of the city's public riverwalk project. Shoreline stabilization would consist of a vertical concrete bulkhead totaling 1105 linear feet in length. The proposed alignment of the bulkhead along the river-front, ranges from the high water line at the southwest corner of the property to 55 feet waterward of the high water line at the northwest property corner. Along the boat basin (north side), the proposed bulkhead would vary between 4 and 10 feet waterward of the old failing bulkhead. To mitigate for the incorporation of Coastal Wetlands, Estuarine Waters and Public Trust Area, the applicant proposes a marsh restoration project waterward of the proposed bulkhead, on the riverfront shoreline (550 LF). The marsh restoration would consist of a rip rap breakwater installed 10 -15 feet off shore. Clean sand would be brought in to fill between the breakwater and the new bulkhead and Smooth Cordgrass (Spartina alterniflora) would be sprigged into the new substrate. Landward of the new bulkhead, a concrete walkway would be installed. The walkway would be 12 feet wide along the river and 10 feet wide along the boat basin. The walkway would be interrupted in two places along the riverfront shoreline by open wooden decks associated with commercial developments on the adjacent highground (Bldg. Pads 1 & 2). These decks would be 100 feet long and 28 feet wide and elevated on pilings over the water. Pedestrian traffic from the adjacent walkway would be routed along the outside perimeter of the decks, separated from the interior commercial activities by handrails. The applicant states that the concrete walkway would function as an extension of the City of Wilmington's Riverwalk Project. The project includes the renovation of the existing pier, as well as, the construction of new docking facilities. Changes to the existing pier include the removal of the current access pier and constructing a new access to the T- head, 75 feet long and 16 feet wide. New floating docks would be added to the east and west sides of the existing T-head, 162 feet long X 6 feet wide and 90 feet long X 6 feet wide, respectively. A third new floating dock is proposed waterward of the Building Pad 1 commercial deck area. This dock would be oriented parallel to the proposed bulkhead and would be 142 feet long and Live Oak Development Page 3 8 feet wide. It would be accessed from a ramp to the bulkhead, approximately 35 feet long and 4 feet wide. Two additional fixed piers are proposed north of these facilities. One would be 84.5 feet long and 6 feet wide, with 4 finger piers (2 each side) 18 feet long and 4.5 feet wide, located 52 feet apart. Six (6) mooring pilings (3 each side) would be installed 50 feet from the pier spine, 32 feet on center. The second new pier would be constructed from the northwest corner of the bulkhead and would be 59.5 feet long and 6 feet wide, with 2 finger piers (1 each side) at its terminal end, one 30 feet long and 4.5 feet wide and the other 24 feet long and 4.5 feet wide. Four (4) mooring pilings (2 each side) would be associated with this pier, also 32 feet on center. The applicant states that the existing pier and associated new docks would provide for transient dockage for a daily fee. The separate floating dock would provide non-fee public dockage on a first come basis. And the 2 new fixed piers would provide eight (8) ]eased boat slips. The adjacent highground development would consist of a multi-story hotel/convention center and 7 multi-story, mixed-use commercial/retail and multi-family residential structures. The proposed complex and associated parking would create an 85% impervious coverage over of the entire 8.26 acre tract. Other than the building footprints, details of the proposed uses for individual buildings, except for the Marriott Hotel (Bldg. Pad #3), have not provided in this application. The exact uses, types of retail business, etc. would change as the project evolves, but all development would be within the design of the project's infrastructure. The proposed development would disturb all the of highground property, and create impervious coverage over 85 % of the entire 8.26 acre tract. The proposed bulkhead would incorporate approximately 2,000 square feet of coastal wetlands and an additional 20,015 square feet of shallow water habitat in Public Trust Area and Estuarine Waters. The proposed commercial decks, new docks and additional piers would incorporate another 10,479 square feet of Public Trust Area and Estuarine Waters. The proposed wetland creation mitigation proposal would incorporate an additional 8,250 square feet of shallow water habitat and convert 5,500 square feet to vegetated wetlands. The man-made basin adjacent to the north side of the property presents the potential for additional future water-related development to be associated with this property. The project would provide additional estuarine access for the public through the extension of the City of Wilmington's Riverwalk Project and the proposed public docks. Submitted by: E. F. Brooks Date: 8/10/00 Office: Wilmington Project Narrative ECEIVE Wilmington Riverwalk North/Convention Center JUN 3 0 2WO Cape Fear River, New Hanover County r?i?rir+?!1(?1 f1C Purpose: Live Oak Development, Inc. proposes redevelopment of a 6.8-acre tract located on Nutt Street, in the urban waterfront of downtown Wilmington. The tract is bounded to the west by the Cape Fear River and is bounded to the north by a man-made canal. Proposed work includes (1) construction of a convention center with associated parking and public waterfront pavilion (2) shoreline stabilization and extension of the Wilmington Riverwalk along the tract's waterfront (3) repair of an existing pier/dock and (4) construction of public, transient docks and leased boat slips. Historic Use of Site and Current Conditions: This site has been used historically as a port facility within the overall urban/industrial area of downtown Wilmington. Aerial photos from 1956 and 1966 are enclosed with this application and indicate the prior use of the site. Several man-made boat slips or canals can be seen along the eastern shoreline of the Cape Fear. One of these canals exists along the northern edge of the current tract. Aerial photographs also show a piling supported building extended over the water, at the corner of the canal and the Cape Fear River (the northwest corner of the current tract). An additional building along the edge of the canal and other port related buildings can be seen on the site. As evident from the photographs, a dock which roughly parallels the Cape Fear River channel and its slightly angled access pier have existed on the site since at least 1956. Rail which extended from the road to the waterfront can also be seen on the photographs. Currently, all of the structures and the rail have been removed from the site. The building which extended over the water on the northwestern corner of the property is gone, however, its piling foundation still exists and is largely exposed at low tide. A u-shaped portion of an old, concrete building foundation is located over the intertidal zone of waterfront, just south of the piling foundation. The historic wooden pier/dock remain on the site and are suitable for use. At some time, the length of the tract's shoreline was stabilized with a wooden bulkhead. Although it has deteriorated in sections along the Cape Fear, significant portions remain along the canal. The tract is currently vegetated and maintained in a mowed condition. No trees are present and herbaceous species dominate. A steep bank with an average 4' drop exists along the Cape Fear River. In this location, waters of the Cape Fear River are designated as Primary Nursery Area. Bare sand slopes, devoid of vegetation exist in the intertidal range. The lack of vegetation is apparently due to pilings and other port-related debris which covers the shoreline. Along the man-made canal, the existing wooden bulkhead establishes mean high water and no slopes are present. At the upper limits of the canal (where a bulkhead is lacking) an un-vegetated mud surface is exposed at low tide. Coastal marsh vegetation is found in four distinct and isolated patches along the waterfront. Two mono-specific stands of Spartina alterniflora exist along the Wilmington Riverwalk North/Convention Center, Cape Fear River, Nem, Hanover County Cape Fear River and total 1135ft2 in area. Two mono-specific areas of Cladium jamaicense are found at the upper end of the canal and intergrade with upland species on the canal banks. Proposed Waterfront Work: The applicant proposes to replace the deteriorating wooden bulkhead with a concrete bulkhead. Landward of the bulkhead, a concrete Riverwalk would be constructed and would be dedicated as part of the Wilmington's R.iverwalk North. The Riverwalk currently ends at the site's southern boundary with the Coastline Convention Center. The proposed Riverwalk extension would run the length of the tract's waterfront, with a 12' width along the Cape Fear River and a 10' width along the man-made canal. The bulkhead/Riverwalk alignment would roughly follow mean high water and the existing wooden bulkhead. However, at two locations, the bulkhead would be situated an average 20' waterward of mean high water. Adjacent to the existing concrete foundation, mean high water extends into the bank in a scoured fashion. It is at this location, and over the existing piling foundation in the northwest corner, where the bulkhead would align below mean high water. This is necessary to maintain a straight Riverwalk which connects with the existing Riverwalk to the south and with the canal bulkhead to the north. The applicant also proposes transient dockage and designated boat slips on the Cape Fear waterfront. The existing access pier (associated with the existing dock) will be repaired to intersect the dock at a right angle. Two floating docks for transient dockage will be added to the existing, fixed dock. This transient dockage would be utilized as public, short-term and fee-daily transient dockage. A separate floating dock would be constructed and used as public short-term non-fee transient dockage. Two fixed docks with finger piers would be constructed and would provide a total of eight leased slips. Wetland Impact and Mitigation: This project proposes to fill 950 ftz of coastal wetland with backfill from the proposed bulkhead. As mentioned, the alignment of the bulkhead has been specifically designed so that the Riverwalk will connect with the existing Riverwalk to the south and canal's exisiting bulkhead to the north. A straight Riverwalk with a ninety degree corner at the canal edge is preferred for land planning reasons. Given that projects within urban, downtown areas are inherently high density developments, avoidance of all wetland impacts was not practicable. Placement of the convention center complex on the site is highly dependent on the ability to provide a linear and squared waterfront. A linear design is also historically consistent. City blocks in the downtown area were historically designed in a grid system. Current planning goals and street alignments outlined in the Urban Waterfront Plan intend to maintain and preserve a grid system in the northern downtown area. Backfill behind the proposed bulkhead will provide support for the concrete R.iverwalk. A completely wooden, piling supported Riverwalk was not desired due to its infeasibility with the overall land plan. Since total avoidance and minimization was not feasible, mitigation is proposed to offset the wetland impacts. The applicant proposes to plant Spartina alterniflora in a 10' width waterward of the concrete bulkhead. Rip rap over filter cloth would extend fo bimfi t t Wilmington Riverwalk North/Convention Center, Cape Fear River, HangyK ?cTr-'1600 e_,01 D pl\/1CInN! r1F plantings to stabilize any fill sand and to prevent souring. This design would closely follow that proposed by the North Carolina Coastal Federation for alternative shoreline stabilization. The marsh would extend along approximately 550' linear feet of bulkhead along the Cape Fear River and would exclude areas where piers are planned. This mitigation could serve to restore coastal marsh where proper intertidal elevations exist, but coastal marsh is no longer present. The current lack of coastal marsh may be attributed to the excessive amount of debris on the shoreline, where large concrete blocks and wooden pilings deny access to the sandy substrate. Upon approval of the requested permit, spot elevations will be measured in the current marsh as a reference elevation for the mitigation areas. Where the bulkhead alignment is proposed to extend waterward of mean high water, fill may be required to create proper intertidal elevations. Where the bulkhead is to align with mean high water, suitable intertidal elevations may already exist and no fill would be needed. Along these areas, marsh could be restored with only rip rap stabilization For the purpose of this application, it was assumed that an average T rise in elevation would be needed over 550' length of bulkhead. Successful marsh restoration/creation could also provide valuable fishery habitat within these PNA waters. In highly developed urban waterfronts, such as this, the ability to increase juvenile fish habitat may be particularly valued. Increased Public Access and Wilmington's Urban Waterfront Development Plan: This project would meet planning goals outlined in the City of Wilmington's waterfront redevelopment plan, Wilmington Downtown Plan: Vision 2020. Relevant sections of the Vision 2020 plan are enclosed with this application as a supplement to the MP-7 form. One of the main objectives for the northern downtown area, is the addition of convention facilities in the area north of the existing Coastline Convention Center. Upland development as proposed in this project would fulfill this goal. In addition, the project will greatly increase public, waterfront access. Extension of the City's Riverwalk through the property is specifically discussed on pages 48 and 49 of the Vision 2020 plan and is provided for in the City's Year-2000 budget (copy enclosed). Repair of the existing fixed dock would provide public, waterfront access with fishing stations and benches. Proposed floating docks would result in nearly 400 lft. of public, transient dockage. Dedicated public access resulting from extension of the Riverwalk and the public docks would total 22,300 ft2. In addition, a public plaza designed along the Riverwalk, in the central portion of the waterfront, would add 10,000 ft2 of public space. Overall public space and water access could be increased by 33,000 ft2 with this project. Additional Required Permits: An engineered Stormwater Plan is being prepared and will be submitted to the NC Division of Water Quality, for review concurrent with the CAMA application. A Sedimentation and Erosion Control Plan will also be prepared and submitted to the NC Division of Land Quality. State approval of these plans would be obtained before any site work began. ]ECEIVE Wilmington Riverwalk North/Convention Center, Cape Fear Riv x H vT CMN rN1%11Q1nni nF ,-.. ECEIV, E D Form DCM-MP-1 JUN 3 0 2000 DIVISION OF TAL MANAGEMENT APPLICATION (To be completed by all applicants) 1. APPLICANT b. City, town, community or landmark Wilmington a. Landowner: Live Oak Development Name c/o Dean Scarafoni Address 616 Princess Street City Wilmington State NC Zip 28401 Day Phone 910-762-4356 Fax 910-762-6019 b. Authorized Agent: Laura Stasavich Name Land Management Group Address P. O. Box 2522 City Wilmington State NC Zip 28402 Day Phone 910-452-0001 Fax 910-452-0060 c. Project name (if any) Wilmington Riverwalk North / Convention Center NMI-, Permit wil be issued in name of Candotivner(s), and/or -project name. 2. LOCATION OF PROPOSED PROJECT a. County New Hanover c. Street address or secondary road number. Nutt Street d. Is proposed work within city limits or planning jurisdiction? X Yes No (City of Wilmington) e. Name of body of water nearest project (e.g. river, creek, sound, bay) Cape Fear River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, And excavation and/or filling activities. Applicant proposes (1) a convention center with hotel, associated facilities parkin and public pavilion (2) install concrete bulkhead and extend the Wilmington Riverwalk the length of the waterfront (3) repair and existing dock (4) add three public transient docks and 8 designated slips. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Public and Commerical d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages._ Proiect will partially fulfill goals outlined in the City of Wilmington's Revised 03/95 Waterfront Development Plan (2020 Vision Plan) by providing convention facilities and public waterfront access. Public access will be increased through the extension of the Riverwalk and the creation of public docks and piers Standard marine and commercial construction techniques will be used. proposed use is approved and is consistent with the City's Urban Waterfront Redevelopment Plan (2020 Vision Plan). j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? (See attached letter from SHPO) 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ?a1S48 acres b. Size of individual lot(s) N/A - no individual lots planned c. Approximate elevation of tract above MH W or NWL X = +5' MHW k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? _X-Yes No Coastal (marsh) X Other If yes, has a delineation been conducted? Yes (Attach documentation, ifavailable) d. Soil type(s) and texture(s) of tract Kureb type sands on the uplands, hydric sands in intertidal range along Cape Fear River e. Vegetation on tract Tract is maintained in a mowed condition. Herbaceous cover is the only cover type present. Grass varieties Smilax Andropogodon, Hydrocotyle etc on upland Pockets of Spartina alterni>`lora and Cladium jamaicense in intertidal area. f. Man-made features now on tract Historic boat slip/canal, old wooden bulkhead concrete building foundation, piling foundation wooden pier and dock. (see enclosed aerials) g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan) Conservation Transitional _X_ Developed Community Rural Other h. How is the tract zoned by local government? Light Industrial Is the proposed project consistent with the applicable zoning? _X_ Yes No Attached letters from the City indicate the Revised 03/95 m. Describe existing wastewater treatment facilities. City of Wilmington sewer available n. Describe location and type of discharges to waters of the state. (For example, surface runoff, Sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No direct discharges planned o. Describe existing drinking water supply source. City of Wilmington water system 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: * A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. * An accurate, dated work plat (including plan view and cross-se TIST17 ? R JUN 3 0 2000 DIVISION! Or Form DCM-MP-1 in black ink on an 8 %" by I I" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. * A Stormwater Certification, if one is necessary. * 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Almont Shipping Address I Hanover Street Wilmington, NC 28401 Name Wilmington Chamber of Commerce Address I Estell Lee Place Wilmington, NC 28401 * A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. No known permits. Bioremediation for diesel contamination has been performed and monitored by NC DWQ, Groundwater. (see letter enclosed). * A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. Revised 03/95 * A signed AEC hazard notice for projects in oceanfront and inlet areas. * A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the .0 day of It - '.1-9 Print N ame LAgYA ?a rp4 Signature HV 17 JI ? JUN302000 D DIVISION OF ~?, TAL MANAGEMFn1? Form DCM-MP-1 Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form D ECEZVE JlJN 3 0 2000 D DIVISION COAS L MANGEMENT Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Lencth Width DeDth Denth Access channel (MLW) or N/A (NWL) Canal N/A F C E, H V E JUN 3 0 2000D DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards None b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? - Yes No N/A d. Highground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A Boat I I N/A Basin Boat I I N/A Ramp Rock Groin Rock d Breakwater UJ - Other 550' 15' t?it(?t1?A1? (Excluding 11? ? shoreline 60 N/A N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? N/A Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? - Yes No N/A e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No N/A X = 0 X=+1' MLW MLW f. Does the disposal include any area in the water? Yes No N/A Revised 03/95 Form DCM-MP-2 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 11051ft. c. Average distance waterward of MHW or N WL Avg = 6' waterward of MH W d. Maximum distance waterward of MHW or NWL 45' (at NW corner of property) e. Shoreline erosion during preceding 12 months N/A Type of bulkhead or riprap material Concrete g. Amount of fill in cubic yards to be placed below water level (1) Riprap none for shoreline stabilization but see mitigation below, #4 (2) Bulkhead backfill _ 2,210 cu yd h. Type of fill material clean fill sand i. Source of fill material per contractor delivery 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to si prorok°t X Yes No n1 If yes, '?'`?fi9`?? (1) Amount of material to be placed in the water ' 730 cu yds. (2) Dimensions of fill area 550'x 15 'x 2' (3) Purpose of fill Clean sand and rip rap will be brought to the site to create appropriate intertidal elevations for marsh restoration Marsh will be created and restored along 550' linear feet Revised 03/95 of the western shoreline, waterward of the proposed bulkhead. A 10' width of marsh grass will be planted with a 5' buffer of rip rap to stabilize the marsh. The average rise in elevation needed is expected to be 2'. b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area950 sq ft (2) Purpose of fill backfill behind bulkhead to support concrete Riverwalk 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fences will be installed along limits of grading as a temporary control measure. Seeding will stabilize graded or filled areas as permanent erosion control Specific conditions of a State approved Sedimentation and Erosion Control Plan will be followed for all work performed on the site. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Pile driver, dozer, dumvtrucks and other standard commercial and marina construction ui ment. c. Will wetlands be crossed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. W, I M (K6 tvvJ Rlw'-WoLtA /t)jv&/ Conv'cr???/,J Ca? Applicant or Pr ject Name Signature 6oly 3d A/,.?.. Date `? F20RHVE JL?y J ux3omm ?U? DIVISION Or 41. 0 7 Form DCM-MP-3 UPLAND DEVELOPMENT JUN 3 02000 DIVISION OF COASTAL MANAGEMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, For DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed 8 buildings pads planned as part of convention center complex b. Number of lots or parcels no parcels c. Density (give the number of residential units and the units per acre) N/A d. Size of area to be graded, filled or disturbed including roads, ditches, etc. Entire site +/- 9.:iL blkacres will be graded. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? _ Yes _X No If yes, date submitted To be submitted by en-aineer and approved before work begins. vegetative buffers within this urban site. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No To be concurrently submitted by an engineer. i. Describe proposed method of sewage disposal. Citv of Wilmington's sewer system. j. Have the facilities described in Item I. above received state or local approval? N/A k. Describe location and type of proposed discharged to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). No direct discharges proposed. All stormwater runoff will be managed and directed per a State approved Stormwater plan. 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) City of Wilmington water system f. List the materials (such as marl, paver stone, asphalt, or concrete ) to be used for paved surface. Asphalt, concrete, concrete pavers g. Give the percentage of the tract within 75 feet ofMHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. +/- 85%. The majority of green space planned on the site is adiacent to the shoreline, within the AEC. This was done to maximize all possible m. Will water be impounded? Yes _X_No If yes, how many acres? N/A n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A W.Irm?1r1}l+J ?ilrcxw?Ilt ??`fi?. ? Ct'At??i?h ?t /A?pplic?innt or Project ame C -w' G?/?? [?f cL /1?1(d N(a?19M 1 ` G U Signature, ' ate Revised 03/95 Form DCM-MP4 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 d. sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (])_Commercial _ Community X Private and Public (2) Number 1 new access vier (for existing vier) 3 floating docks, and 2 dock spines (3) Length 75', 162', 90' 142' 80' 55' (resyectivelyh (4) Width 16', 6', 6' 8', 6', 6' (respectively) (5) Finger Piers _X_ Yes No (i) Number 6 (ii) Length (4)18', (1) 24', (1) 30' (iii) Width 4.5' (6) Platform(s) X Yes No (i) Number 2 wooden patios (ii) Length 80' (each) (iii) Width 16' (each) (Riverwalkwill extend the length ofthe shoreline, 1105lft. Along the western waterfront, width will be 12'. Along the historic slip, width will be 10'.) (7) Number of slips proposed 8 private slips and 395' of public transient dockage g. (8) Proximity of structure to adjacent riparian _ property lines 30' to the south, 28' to the north _ (9) Width of water body 450' _ (10) Water depth at waterward end of pier at MLW or NWL -24' and -32' MLW kit b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) N/A 3 C E H V E JUN 3 0 2000 DIVISION OF COASTAL MANAGEMENT Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL, or wetlands e. Mooring buoys N/A (1) -Commercial -Community- Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) -Commercial _X_Community _ Private (2) Number- 10 mooring pilings (at slips) (3) Length N/A (4) Width 6"-1' Other (Give complete description) Kr y+ K/.r k W-A, /CfhV, or Project Name Signature Dat? A4- ;iA-.,,- I;wf Revised 03/95 ADDENDUM REQUIRED BY HB1059: G5 113A-120 (a)(1) NO SIGNIFICANT LL IMPACT (GS I I3A-I20(a)(4); a. Site is waterfront property located in the fdM eg DIVISION OF a Att ach a copy of the local government certification of no ILhtlNGi'DN1?I? ? AGEMENEignificant environmental impact and submit along with any environmental document required by GS 113A-1 et seq. (SEPA) b. Describe history of urban level development 56--F MP-' ?5UPPI.EM W r 3? SITE 1 S L-OC.AM W17-&#V T*F HfSM)t1(. A9-- L1 Gad Klnl Pb Kr/ 446-#r .T&W S TM y (5)) 4. LOCAL CONSISTENCY (GS I I3A-120(a) GWLMiAfDaj ( s6F Pa7-ecr A/0A$ri ?P c. Provide information for one of the following categories: i. Is site listed as a historic place? _ If yes, describe where listed? S? MP- OR ii. Is site a historical, archeological or other property owned or managed by NC?_ A i n If yes, which agency? OR iii. Does site have a central business district or related classification? N0 if yes, provide a letter from local government confirming CBD, as defined. SITE' 1S INUUDF-4 /N WILA4106-760-S GVATEII-Ft2ng- DEVE OPWAT ;DUM1+V/ AfJD p_40j1UC-p 95._ ? IS 9MI LMC. 7a 7if+r OF 1-660 hiWAr• M Mlrl/MA/!& C i'3D GENERAL 2. DOCUMENTATION OF SPONSORSHIP BY Z ON T LOCAL GOVERNMENT (GS 113A-120(a)(3)) pg4p?tt. I a. Name of water body: unkl yn a. Provide a description of the degree and kind of sponsorship b So the the local government in whose jurisdiction the proiect is located. 10L- SEF MP-_? SUPPLC-7UN-S 1) 21 y, ac,tid S b. Provide an explanation as to how the proposed development will significantly increase pubiic trust access. SEZF- Peter- M 4-pvc- AV-8 /K S?PPL&-M At 3" 4f J_ a. Attach a copy of the locally adopted waterfront development plan in which proposed project is located and a statement as to the consistency of the proposed development with the plan. 5r?/Vlp- } PPtGMeWf" - =?- b. Attach a listing of the applicable local development regulations and a statement as to the consistency of the proposed development with same. 5 &-E- /tit p- "i SuPax' cJr 3 , 43 ,c. Attach a copy of the locally adopted public access plan and a statement as to die consistency of the proposed development with the plan. S?? 1 d. Is the com unity a member o' the National riood Insurance Program? /ZA& If yes, is the site located in a 'v-zone' or "a-zone' as defined by NFiP? " gone. Type of zone: Note: The project must also be determined to be consistent with the Local Land Use Plan, b. Depth of water within project area Z IA4LW Th _L10fMLN/ C. Bottom type (i.e., sand, silt, clay, etc.) S&J-0 d. Are coastal wetlands or submerged rooted aquatic vegetation species Present?_Y_!-_ If yes, describe and give approximate dimensions _5 M Att- WE K[S AF C6Yf•S-r4W /btA-dQj, - e. Describe existing structures within project area. &D h/D08-A/ ,(UUL Kh W 7ymb plat AVV "boo< 5 240iiZ r Mm4?-/?e- htq) f. Describe traditional use of water body within project area. POKT' , ShLIPPY A/P- ,4.4=C2- g. Has an easement been obtained from NC Department of Administration (DOA)? A/0 h. Is the applicant the riparian land owner? Y E5 Note: Please acknowledge that you understand that the local certification of no significant environmental impact and the environmental assessment (EA), if required, will be reviewed concurrently with the CAMA/Dredge and Fill Permit application. E U`EIVB JUN 3 0 2000 ??VISIC)N OF kV1 c-t+un?lt/ Qivrx ?/YU7 CslvKxill ?cl ???I'?2 Applicant or Project Name 1, 11L U ??ty( p/?tr'h/ Signature CDVY, IAIC . Date SIT :k6l, JUN 3 0 2000 JJ D!'JISION 0- COAS COASTAL MANAC-M-N 0 2.4 4.8 SCALE 1" = 2.4 miles Land Management Group, Inc. CAMA Major Application, Environmental Consultants Riverwalk North/Convention P.O. Box 2522 Center, Downtown Wilmington Vicinity Map Wilmington, NC 28402 New Hanover County, NC Pr-'-A=2-0001 Date: 06/28/2000 Sheet / of /8 F E- ?51 ? TI ?,"V jU N 3 .0 2000 L) DIVISION OF COA-S 0 1000 2000 4000 SCALE 1" = 2000' Land Management Group, Inc. Environmental Consultants P.O. Box 2522 Wilmington, NC 28402 910-452-0001 CAMA Major Application, Riverwalk North/Convention Center, Downtown Wilmington New Hanover County, NC Date; 06/28/2000 USGS Topographic Map Wilmington 7.5" Quad. Sheet C'?' of /9 "Ur" indicates "Urban/Developed" . This Soil Survey was prepared in 1977. 7% ?, 7 7 7?, 7, 7, 7 ?v 17 Iz ii s' ' 2000 `: ?. b -1 S 1 n N O; 0 1000 2000 4000 COASTAL MANAGEwIENT SCALE 1" = 2000' Land Management Group, Inc. CAMA Major Application, Riverwalk North/Convention NRCS Soil Survey Environmental Consultants New Hanover County, NC P.O. Box 2522 Center, Downtown Wilmington Wilmington, NC 28402 New Hanover County, NC pg. 14 910-452-0001 Date: 06/28/2000 Sheet 3 of 16 f, v \11 S i -D IN 1 COAS IAA. MANAGEMENT 0 500 1000 SCALE 1" = 500' Land Management Group, inc. CAMA Major Application, ACOE Channel Map Environmental Consultants Riverwalk North/Convention P.O. Box 2522 Center, Downtown Wilmington Wilmington, NC 28402 New Hanover County, NC 910-452-0001 Date: 06/28/2000 Sheet ? of /8 P, o < Z Cl) z o ^?I Land Management Group, Inc. CAMA Major Application, Environmental Consultants Riverwalk North/Convention Current P.O. Box 2522 Center, Downtown Wilmington 1999 Aerial Photograph Wilmington, NC 28402 New Hanover County, NC 910-452-0001 Date: 06/28/2000 Sheet S- Of 15 Historic use of site within larger urban area is evident in this photo. Features seen on the site(1) building in NW corner (2) existing pier and dock (3) rail system (4) historic boat slip/canal (5) other port related structures (?? I --- ? w ?l ! I r..a 1 4; I 1 ?/ I 1 JJN 3 G 200% Ji D.1 V! S) 10 N U- F ?r Land Management Group, Inc. CAMA Major Application, Environmental consultants Riverwalk North/Convention 1956 Historic P.O. Box 2522 Center, Downtown Wilmington Aerial Photograph I Wilmington, NC 28402 New Hanover County, NC 910-452-0001 Date; 06/28/2000 Sheet (o of /8 Historic use of site within urban area is evident in this photo. Features seen on the site include (1) building in NW corner (2) existing pier and dock (3) rail system (4) historic boat slip/canal (5) other port related structures Lr JUN 3 C 2000 i DIVISION 0:F- Land Management Group, Inc. CAMA M'ajo'r'-}`kp 1i6atiori; Riverwalk North/Convention 1966 Historic Environmental Consultants P.O. 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AW r R Glum C IbMULC05 . Met 1 • G 1 ? k3 . X BEAPtNC r ?TRAcr „ 1 . 2.1 .,19 MAeA E Ac>I x 5r2320'[ 71.29' e. iK !47 8=_ 3F 30 IeF t UMW 9p(NV- FFCICp N 1s I 2:M1 1 7 777.131' 7 9. yp,9Q TWFN TA51 CI Jy.. M 41C71Gry N 9511'102 N.11 FMIRM G' N 5911 NtllJllt SNPP.9p CON!49r N 9)1p'WE 40.55' ?'>?I' ED EWf',O:p DESCR ,4q ?Sy7GU,,n WED L.M 7pI 1/, 1490. SURVEY REFERENCE: Bi(R 1502, PNX 971 BOOM 1990.P9 _ 707 i3( I• I ik I? I? a in 0 m MACT I r '01 l 0 N??11 A R09E,?T N. GGSLEE .RI155riCi1TES F.1 .D/PF19DT A,D AAHFRS iVe) Ic 373 0o. tr. sr. McNIM'Rr9 M1 7/101 19N) .79a5 CINl' m59+OMNprrprtNr LGFII c ? FrE • xuRYO rcE - - rM_Vli WI rc T+b P.'FA' I' ,y?SI11T11V/P'IIIII?'IIAiY Nin,wpr,',r[A91R. IV.yN N ?.r -wE La •-II'NIfEy'a'IAI,' V ?+lJ -.--_•- FOP7J`Y31nM?C9t IICJY.rc ilxlr ? J5 `Mi1i µ2R WIE i 7,pr MM\4I A r17W ? UN 3 0 2000 GA7rJp s99N JN7n9f YW IClE D fK PT DF r F' ARD ON2R ,,T SN7 ?I ,_ COASTAL W 7.0917 S;.V QI 1ff SNIi`f rX4 Npi SION OF MANAGEMENT Y,C,M '.Y.2 FN'S 77Z SCALE 1'=125' -?---•-..!.4-.1. --•-F'-- ---- ------= _ Y9x r\I??-1f rr•?lw?''?i 'r.l sb ?r^ 9 - - - - - - - - - - - - - - I 1 -11. Si Y, BEW 5 1.40 4:W. _rE 11`P;FEYr N Y M4`En ,R •?• 49J D ' ° 4• U1E rR '34 ".W 'a, TC kN2 WA V rc rA 'ICI' IE'l!NCS? . 7r Ny ' )--- 9ENiM: i15'Nn: 1?'79'E 17.41 Pu N 1 " ' ' ' ' '3,X574, C WR01: 1!RU : ISIB )F3 'K N 0112 14 9 16_V' - ' `I N 2i"MNY CNAW 71.25 SEr.. DS N -J1'35'7 IMF.T 36Z 19A ': ' '+ 273 x J'1f'R t "_" X 2r.T !ST ' ' I LeT 24-25 71-72 N era N F S 051'327 1.>/' 1 2? 71-ZI f 7572l3Y . 07 1RE1 •]' V T14 •p01. 9r,,Nos? I CC:SIFL WPY (AREA+ SFtp 1 :a9•>: IE40NC or rN:x !' VONT SN Pl a• Ca 9 I 21-2e 4 0.`7)ro5Y W1 1;45, pl7E ill &C. 71-29 4 29374211 '9-0D N +71025: 9.37' 1.71' 57a1 x53 1. •97 ' ene' I `I-0. v ]90! 11`7 =]J N 71'11'471. 5.37 4,72' 'i JI-.V N 59 W57T J1 , ' ' -25 "25 21 r 15--9 f 4f,rei F 7.23 A 53' i k-37 S 2.117YE 7-35 9 . 0.90 . It " 7r+E3i C &-77 S 432 /.if' 2 CAMA Major Application, Site Survey Riverwalk North/Convention Center, Downtown Wilmington New Hanover County, NC Date; 06/2e/2000 Sheet 3 of /0 arf --N? Yl- Irw.yp IOIb d M anms .?w? nMM? aan r K Mona ani?.wQ9 r sq aawr goo ? a.- w.r awwT.?•il„K??.1d u.l at - IV W ¦ruID -0 .n.n w iw mxa wuamrv?aa- rw mn.c •r w .o na ua i' MHW mi a 4 tL z u_ 0 (i_ o Q- U Q ul Z: z E J I- O z o i SMITH GAGE ARCHITECTS P. C. 4j VV` i' wu=we AR Is Sam k)W M-01 1/10/00 COASTLINE INN SHADED AREAS AhE f GREEN SPACE SCALE 1"=125' S. " s= HANOVER STREET ('C'"E H V E NN 3 0 Npl DIVISION OF COAST AL MANAGEMENT CAMA Major Application, Upland Development Plan Riverwalk North/Convention Center, Downtown Wilmington New Hanover County, NC Date; 06/28/2000 Sheet ? of /B Public short-term D LINE 4-40' and 1-80' leased slips -- 2-50' and 1-80' I 'PP"°X LOCAT'04 leased slips EOS1 PIER --? PROPOSED F!GDHC OOCKS 450' to western edge of Cape Fear River _ ,OP ENE rilV WATER Public short-term W non-fee transient dockage PROPOSED ROAINC DOCK cy? !SED Q PRORNER g WALK 1 TNO-STORY xh" Y IRJADINC .v ? 0-ORMER I I PUMP HOUSE I N Io I N I Z I N I m I ?Irn I I L nTOP OF BWM i N ?l'4T {W N 1CI5'03'M 11.3I' pe'E "D" "C" nE Lllf V i ? OP RED BULXHEAO. F b ! ?I CL J Tn F- ' " WATER B AREA 'D T l0? OLD CONCRETE WALL EKRNOS OUT OVER THE MVM O ME PUM SJPPORI NO ME MILL ARE SPACED 3' ON Cam TYPICALLY. R APPEARS SOME ADO"WRAL PRAIA WERE AWED AT A LATER MW_ HOWEVER ALMOST ALL PRWO! !Wt C06PLUMY ROTTED MROUGH. A PROPOSED RNER WALJ( COMNERClk PATIO Y .jr??R'-. A a COMWERCUI PInO vPOPOSED BULKHEAD I `? T NIA/ WATER „Iq PROPOSE;, -'RNER WAIX I , _ C1P S T.1_ 4 TRICI BOTTOM OF &kW 11 PUBLIC WATERFRONT ACCESS Dedicated Public Access thru Riverwalk and Piers 22,300 sq ft Public Access thru Riverfront PlazalPark (shown on upland development plan) 10,000 sq ft (min) 3 7'n(CE1VTM o; WD D ?= JUNDIVISION3 0 2000 W ? OF h me COASTAL MANAGEMENT Zqm 5 0 0 SCALE 1" = 60' CAMA Major Application, Detail, Waterfront Plan Riverwalk North/Convention Center, Downtown Wilmington I New Hanover County, NC ' Date; 06/28/2000 Sheet lV of /,Y A' 12'-0" r 2X0 DECKINC Q DE PILE FLOAT STRINGERS (TYP.) P I I MLW 0.0 HANDRAIL TYP. TOP OF DECK EL 10.0 MLF BRACE PILE FLOAT _ NOTE: EXIST. TIMBER k PILES IN DOCK WILL SECTION B-B BE REUSED TO EXTENT POSSIBLE N.T.S. D ECEZVE JUN 3 0 2000 D DIVISION OF COASTAL MANAGEMENT Cross Section provided by Gary Green Land Management Group, Inc. CAMA Major Application, Cross Section B-B Environmental Consultants Riverwalk North/Convention P.O. Box 2522 Center, Downtown Wilmington Wilmington, NC 28402 New Hanover County, NC 910-452-0001 Date: 06/28/2000 Sheet /2- of /8 1 3 `'° 12'-0' 16' RIVERWALK PA iIO ?2x6 DECKING i TOP OF DECK k CAP / CONC. CAP - 8.0 MLw / L L L S TRINGERS (TYP.) ?•,: • 12" BUTT DIA. PILES (TYP.) Cross Section provided by Gary Green, engineer 0 SECTION C-C N.T.S SHEETING EXISTING FOUNDATION TO BE REMOVED E(CVIVE JUN 3 0 Moo DIVISION OF -nAcoToko hgPi%lt•f FMFNT Land Management Group, Inc. CAMA Major Application, Cross Section C-C Environmental Consultants Riverwalk North/Convention P.O. Box 2522 Center, Downtown Wilmington Wilmington, NC 28402 New Hanover County, NC cz 910-452-0001 Date: 06/28/2000 Sheet 13of' Xu EXTEND PILE 2'-0' 4'-5- ABOVE DECK SECTION D - D N.T.S. JUN ? 0 2000 Of= COASTAL IM NAG EME NT Cross Section provided by Gary Green, engineer Land Management Group, Inc. CAMA Major Application, Cross Section D-D Environmental Consultants Riverwalk North/Convention P.O. Box 2522 Center, Downtown Wilmington Wilmington, NC 28402 New Hanover County, NC 910-452-0001 Date: 06/28/2000 Sheet /? of /6 TIMBER PILE P T a, ? t n T? S / 1 I 'J .11K CM `i ?r \ \n to . ` w c ?F x -s ? I? 1 w o 'ma -, % ` c. IT - -Ar CO s ?j 1r „\ -S ?`?? u1 f\ IL C, U4 O ?+ 0 0 0 Q 0 -J) • ? r W \ 0 ?f J ? JUN 3 0 2000 DIVISION OF -r 11 COASTAL MANAGEMENT ?- Z1. b rr '/ ?? W s.s +r^ Z -? CAMA Major Application, Bathymetry Map Q Riverwalk NorthlConvention Y s? s (,) Center, Downtown Wilmington co New Hanover County, NC Date: 06/28/2000 Sheet /s of •r? EXISTING DID PROPOSM FLOATING OOIXS TRACT 3 PROPOSED FLOATwp DOCK OLD CONCRETE WALL CITENDS OUT PQ THE MVER. TAE PROM SUPPORARO THE WALL ME SPA= S ' I ON CEM01 TWIGLLY. R APPENE SOME 7DOITTON4 o 9? i^I ? O P E ? ' ` ? ..:I a , L h INGS MAK C L TELT D THROU A t v I i ? PPOPOSCD ANU Y4% j ?? PIOPO36 PNEA wNJI COYNEROA4 NrO .??. ! T COwERCYE PATIO ? 'A T PPOPOSED P ClNP/D i I _ _ - NR11 RAM LINE PaOPOSEf- "RNEa rwa , - - W u 1.{' rmE 1TPK'iC• WR ", .. -? 1 Y OP y* TDt ; ?'?+ WA1ER UNE iii Y Irlrur TuT' NIGN?? DE LINE y. - .TS. WETLAND AREA "A` 5 o8 o6 30 E 219.94 C0"G roR r r h r r n 0 Y I 10 RIYP HOUSE I ? PROPOSED WETLAND FILL SHADED WETLAND'A' FILL= 775 sq ft WETLAND "B" FILL = 60 sq ft WETLAND "D" FILL =115 sq ft I N n I ? I N m II N 01'4)'116-Ei "D" 1? „C, \ OP OLD BlLXHM.. il' Ixl? WETLAND AREA "D` ??`' `''? WETLAND AREA "B" ? ix I 4 j ?, I t I n 7i jig Z C NU W? r~ pW Z hr 'A C Z? 0 1?L???d??Tflj J? ??N,o? 1?l DIVISION OF COASTAL MANAGEMENT V D_ IPgI J w f- m SCALE 1" = 60' CAMA Major Application, Proposed Wetland Fill Riverwalk North/Convention Center, Downtown Wilmington New Hanover County, NC j Date; 06/28/2000 Sheet f( of !g HI0 WA1ER STN j OE } u 8.' AREA 'D 2T .A.. PPAOS. " q PI ??.?. ?? ?A P' PROPOOSEr. r? FLOATING DOCKS ~ I TRACT 3 ' OLD CONCRETE WALL D MOS OUT OVER ME RNEEE .o PROPOSED FLOATING DOCK i I TIE PLO= Sk"09TIM THE MALL ARE SPACED S' o ON CENTER fYPMxLT. R APPEARS SOME ADDITOUL ?S WERE ADDED U A LATER TIME MOWE`#VR &.MOST ALL PuMCS MANE CWPlL1ELT ROTTED THM". 9 PROPOSEC AMP WA" ffI C` I I I -"C°.SED RMR wNK II CDAWQp4 JAnO I I 1j+?C A A COMME1iQWE PATIO i e PCSEO 5 e PRO ED ?f. 4 'T l k UNE TT.n NIGH WA1E ?1 TIE LAC W - 'v' i 5 09 Ofi JOE 21 COW_ 9.94 VMR 1r i TWD-ST9RS OR" euWDl»C o i. PROPOSED BACKFILL WATERWARD ® PIMP xM ET ' " , MOUSE I D OF MHW, shaded X h n N ' n I ? N C" I IIORObI OF OLD EOWEfi BULKHEAD. k? 2 E I z I g >a? k W 4 E.M"'WE NU JUN 3 02000 'W Z D ?J CO= DIVISION OF Z COASTAL MANAGEMENT 0 CL J Q 0 M z SCALE 1" = 60'. CAMA Major Application, Proposed Fill below MHW Riverwalk North/Convention Center, Downtown Wilmington New Hanover County, NC LAREA'. LTN3' 34 Date; 06/2812000 Sheet 17 of ?B u „iE A' filter cloth exisiting grade = -2'MLW CONC. CAP i- SURFAC:NG EXISTING GROUND k 9ULKHEA0 exisiting grade = ML IW u N.T.S 5' width 10' width rip rap Spartina alterniflora planting ECEDIVE" JUN 3 0 20M D DIVISION OF r?r l a "111. MA14AGEMENT Land Management Group, Inc. CAMA Major Application, TYPICAL CROSS SECTION Environmental Consultants Riverwalk North/Convention OF MITIGATION WITH FILL P.O. Box 2522 Center, Downtown Wilmington Wilmington, NC 28402 New Hanover County, NC 910-452-0001 Date: 06/28/2000 Sheet 18 of /g'. / i P- --7- S UPPIC/U EYJF I ,4Vy '`kc aw alk 1739 CITY of WILMINGTON North Carolina P.O. BOX 1810 28402 Mr. Dean Scarafoni, President Live Oak Development Company 616 Princess Street Wilmington, N. C. 28401 Dear Mr. Scarafoni: OFFICE OF THE CITY MANAGER May 12, 2000 (910) 341-7810 FAX (910) 341-4628 TDD (910) 341-7873 I am writing in response to your letter regarding Live Oak Development's plan for property located in downtown Wilmington between Nutt Street and the Cape Fear River. Based on our current understanding of the proposed development, it is consistent with the City's "2020 Vision Plan" for the downtown area in the following ways: * Enhanced public access to the river is created by the extension of the Riverwalk * Additional public docking facilities are provided * A public recreational use will be available through the adaptive re-use of an inactive industrial pier As we have discussed, the City anticipates participating financially in the development of these public improvements along our riverfront, and the project is included in the 2000-2002 Capital Improvements Program Budget. It is further anticipated that you will grant to the City a perpetual easement for the use of the Riverwalk and pier as a public recreational area. We look forward to working with you on the planned development and appreciate your interest in assisting the City in further enabling the public's use and enjoyment of our riverfront. Sincerely, f Mary M. Gornto City anager JUN 3 0 2000 LD? MMG/ds DIVISION OF COASTALMANAGEMEN CAPITAL IMPROVEMENTS PROGRAM MAJOR FEATURES OF THE 1999-2001 CAPITAL BUDGET C' The Three-year capital improvement program emphasizes projects which maintain and expand the infrastructure needed by a growing community. These facilities support y services of tion, parks, fire protection, storm waterma management, water ttrr atment, and sewerage. c r, rzi?l; !F w. MAINTENANCE A number of projects address basic improvements to existing facilities In the City. Rehabilitation of streets and sidewalks is essential to the basic transportallon system for vehicles and pedestrians. Replacement of older, unsafe playground structures will be accelerated, and renova- tions to the Greenfield Amphitheatre will provide an accessible, usable facility for the community. Replacement of water and sewer lines in older neighborhoods, rehabilitation of sewage pump stations, and im- provements to both wastewater treatment plants are necessary invest- ments In existing facilities. Improvements to heating and cooling systems, roofs, and electrical systems are needed in various municipal buildings. GROWING COMMUNITY Growth of Wilmington and thr ",Jrr*_=t3r}?ir!g co :=r ;;,ify .s !,offing a strait on exlsting facilities and bringing the need for new facilities to time forefront. Paving of new streets and sidewalks wilt extend basic infrastructure to support this growth. Redevelopment of inner-city neighborhoods will also be supported through provision of new streets and sidewalks, along with replacement of water and sev,,er lines for these infill projects. Enhanced storm water facilities, as well as ex- panded sewage treatment and additional water distribution systems, are also planned, with an emphasis on the areas recently incorporated into the City. Many of these projects will be paid for by tees generated by users of the water, sewer, or drainage systems. v I -4.I to Z 1-1 PARKS AND OPEN SPACE of new park facilities Is Increasingly important as undeveloped green areas are converted to new residential and commercial buildings and parking lots. Acquisition of land for future parkland is essential during high growth periods. Continuing its historic interest in redevelop- ment of the waterfront for the benefit of the public, the City will participate in construction of two major links in (fie downtown Rivem alk, along with development of a new park south of The Hilton Hotel. improvements to existing facilities, such as Legion Stadium, Godwin Stadium, and Greenfield Park will improve services to residents and visitors through provision of attractive and functional facilities- ECENE JUN 3 0 2000 DIVISION OF COASTAI MANArr:n,tt=ni-- CAPITAL IMPROVEMENTS PROGRAM 2000-2002 CAPITAL BUDGET !-; PROJECT STREETS & SIDEWALKS Street Improvements Allen's Lane Construction `A Sidewalk Construction Independence Blvd Ext Wrightsville Avenue Reconstruction CI Jervay Infrastructure SUBTOTAL PARKS & RECREATION Greenfield Amphitheatre South 17th Street Park Open Space Playgrounds & Park Faci lities' Legion Stadium Godwin Stadium Riverwalk North 0 Riverwalk South O D Hilton Park S (n UBTOTAL S2 PUBLIC BUILDINGS s rn O Police Building z > Fire Station Improvements O m -n Kenan Fountain i?: City Hallfihalian Hail z Operations Center Administrative Office Buildi ng SUBTOTAL Po C CD w C t N O 0 o ? 1999-00 630,000 450,000 1,300,000 220,000 2,600,000 300,000 240,000 300,000 1,500,000 150,000 100,000 2,590,00o 100,000 100,000 80,000 50,000 500,000 4,000,000 4,830,06o 2000-01 600,000 860,000 250,000 575,000 220,000 2,505,000 100,000 500,000 1,000,000 150,000 300,000 200,000 1,2on.nnn 3,450,000 500,000 150, 000 150,000 500,000 12, 000, 000 13, 300.000 2001-02 750,000 250,000 220,000 1,220,000 200,000 300,000 1,100, 000 1,600,000 10,00o,0oo 500,000 In AWn rnnn TOTAL 1,980,000 860,000 950,000 575,000 1,300,000 660,000 6, 325, 0oo 400,000 500,000 1,000,OOo 590,000 900,000 200,000 11500,000 050,000 1,200,000 7,640,000 10, 600, 000 250,000 230,000 1, 050, 000 12,500,000 _4,000,000 Y•un 30 00 02:30p Development Management - MP-? I W" BUT 0 i. 8 HVB City of J U N 3 0 2000 Wilmington North Carolina DIVISION OF June 22, 2000 COASTAL MANAGEMENT To: Dean Scarafoni, President, Live Oak Development Company S UPPLFM @?-r- 3 --- Development Services 305 Chestnut Street Po Box 1810 Wilmington, NC 29402-1810 (910) 341-7873 tdd P A., From. Susi Hamilton, Project Manager for Old Port on the Cape Fear IZe: CAMA Permit Application Response for Northern Riverwalk Extension I) The local government certification of "no significant impact "should be a statement of though d consideration of the project and its impact. The statement may be similar to that submitted with a Community Development Block Grant (CDBG) application. The City of Wilmington as well as the North Carolina state stormwater requirements will be met prior to the completion of this project. Further a soil and erosion permit will be required by New Hanover County prior to any clearing and grading of this site. Therefore, to the best of our knowledge, there will be no significant impact on the environment from this site development. Finally, this property is located within the boundaries of the Wilmington National Register Historic District however, there is no adverse impact on historic structures as a result of this tn-1 development. 2) Statement describing how project will increase Imblic access with details on any fees. The application': should include a ,statement from the local guvernment describing how the proposed project will increase public trust access in the area. If the access requires patronage or a fee, pleave indicate. Currently, there is no public access to the Cape Fear River from this site. With the completion of the section of the Riverwalk referenced in this application, the City of Wilmington will reimburse the developer, Live Oak Development Company for expenses incurred up to a specific amount and then accept the structure for public maintenance. Therefore, the Riverwalk will be owned and maintained by the City of Wilmington and available to the public for access. 3) Local development ordinances and regulations. Copies of referenced sections from policies and ordinances should he included 'l 'ire statement will indicate how land- based support facilities (water, sewer, fire, parking) will apply to stnictures over public tr st areav. This project will comply with all local development ordinances and regulations prior to its release for construction. It is City of Wilmington's policy for downtown development to provide continuous access to the rivcrfront through the completion of a public Riverwalk. The policies are referenced in the long-range development plan Community Development Planning Engineering Development Management (910) 341-7836 telephono (910) 341-3258 telephone (910) 341-7807 telephone (910) 254-0000 tolophonc (910) 341-7802 lecsimilo (910) 341.7801 facsimile (910) 341-5881 facsimile - (910) 341-3204 facsimile Jun 30 00 02:30p Development Management 910-341-3264 for downtown, Wilmingtrin I)rrwntrywn Plan: Vision 2020, that was adopted by Wilmington City Council in October 1998. The project provides sufficient parking, water and sewer services and access for emergency vehicles as required by the City of Wilmington Ordinances and Technical Standards. Further, the City of Wilmington provides water-based fire services along the Cape Fear River that will provide emergency services, including water rescue, to the Riverwalk in the event of an emergency. Cc. Mary Gornto, City Manager Wayne Clark, Director of Development Services Andrea Surratt, DevelopmentCenter Manager p.2 ECEHVE i2000D DIVISION OF COASTAL MANAGEMENT I DOWNTOWN AREA REVITALIZATION EFFORT, INC. Downtown Development PU=ix& D=Wopixg ad Mw.ains W1ffdxSftW§,Ern*wk River Am April 17, 2000 Mr. Ed Brooks Division of Coastal Management . 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear W. Brooks: M p- -+ S?PPc.I-N? Please accept this as our letter of support of the application of Live Oak Development (Mr. Dean Scarafoni) for a CAMA permit to develop an addition to the Wilmington Riverwalk. The contribution of private land for added public access and other waterfront amenities represents a substantial investment and opportunity for the public. Based on our current knowledge of his proposal and the consistency of the proposal with our "2020 Vision Plan" for downtown Wilmington, we would request your favorable review and approval. Please feel free to contact us for any additional information. You ry truly, Robert Murphrey Executive Director Cc. Dean Scarafoni Mary M.Gornto, City Manager DARE, INC. ECEIVE JUN 3 0 2000 01S OF - COASTAL 1MAONAGGEM ENT Post Office Box 2235 Wilmington, NC 28402 (910) 763-7349 Fax: (910) 763-8093 03713/2000 10:01 9103415823 Resolution, CITY CLERK {M P- 7 &PP(-C-NENT S- INTRODUCZD BY: Frank Conlon, Councilmember DATZi March 7, 2000 t'LX.*- V Z City Council City of Wilmington North Carolina RZSOLUTION APPROVING RZCONMM RATIONS OF CONVENTION/ D CONFERENCE CENTIiR FEASIBILITY STUDY L RESOLUTION PURPOSE/INTZ=t The City of Wilmington engaged Strategic Advisory ?c Group, LLC to make recommendations concerning the N development of a new convention/conference facility ("Study"). The recommendations include the convention center attached to a hotel meeting space of the center is 52,000 to 82,000 square feet. In addition, the hotel is 200 to 400 rooms. O C!) r ? p ?O m K m construction of a new Z The recommended square feet expandable the recommended size of The study further recommends a downtown location for the convention center. The study also recommends a public/private partnership for the development of the convention center and hotel. The City Council has determined that it is important to the continued revitalization of downtown and the economic development of the City of Wilmington to implement the recommendations of the feasibility study. NOW, THEREFOR=, BE IT RESOLVLD BY THE WILMINGTON CITY COUNCIL THAT: 1. The City Council hereby approves the recommendations of the convention/conference center feasibility study prepared by Strategic Advisory Group, LLC. 2. An Advisory Committee of no more than 10 members will be appointed by the Mayor and Council within 30 days, and will include representation from the previous Task Force as well as representation reflecting the broad scope of the project. The Advisory Committee will work with the City Council and the City Manager to implement the study's recommendations. C) C Z w Q 0 o t:::i Q Q a C r^ 3. In conjunction with the Advisory Committee, the City Manager is hereby directed to prepare a recommended plan for implementation of the study recommendations. Such '=`•"' - 10: 01 71tlAV17tlL.? ' Y l..l I Y LA-r- r, plan to be submitted for Council consideration by July 1, 2000. Adopted at a re lar , meeting on Mara 7th 2000. kru I k, i 're n A -IV." N, my if %,u I *tY ?r 030300F/Coaw"t.age/A:227 f ?JL U r DOPUVE JUN 3 0 2000 COASTALDIVISION MANAGEMENT af?? r ?- SOPPU- ME)Ur North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary Dean Scarafoni Live Oak Properties 616 Princess Street Wilmington, NC 28401 Division of Archives and History Jeffrey J. Crow, Director 1/15/1999 D E C 4 DIVE JUN 3 0 2000 COASTAL DIVISION OF Re: Development of property on the Northeast Cape Fear River at the foot of Hanover Street, Wilmington, North Carolina At your request I have reviewed your proposed plans to build a complex of buildings, including a Marriott Hotel, on the above property to determine what archaeological resources may be affected. Based on an examination of historic maps and documents it is apparent that this property has been heavily industrial for much of this century and the 19th century, primarily as a railroad yard and depot. Maps indicate that the waterward portion of the property was built out and filled sometime in the mid-19th century. While there exists a potential for archaeological remains it is my opinion that these remains are likely to be disturbed and not of a significant historical nature. I therefore would recommend no archaeological investigations take place prior to construction. In the case of piling removal I request that there locations be documented through site plans or aerial photographs and submitted to this office. During construction, if archaeological remains, such as ship's timbers, are encountered we request that construction move to another area and this office be contacted. An archaeologist will be sent out immediately to determine the nature and extent of the remains and provide recommendations on how to proceed. Finally, I have enclosed a selection of historic maps and photographs of the property. This is just a sample of the kinds of information, contained both here at our facility and at the New Hanover County library, that might be used to develop educational signs along the waterfront. We encourage this element of your development and are available to provide those historic materials. Underwater Archaeology Unit P.O. Box 58 • Kure Beach, North Carolina 23449 (910) 458-9042 - (910) 458-4097 (Fax) Scarafoni letter 1/15/99 Page Two Thank you for contacting me early in your planning process and allowing me to make recommendations concerning archaeological resources. Sincerely, '14 1 G? Mark Wilde-Ramsing, Staff Archaeologist D Bcuvz JUN 3 0 2000 COASTAL D' VISION OF MANAGEMENT e. t t o .^t 0 r, Ott p- sC)PPLE-AA G U ?- nu vil, ? LN. _ WWk i.' Z; 7 -- ?:- :?vir?a ••1%er?ti• - - t= ,f r tQn QN 'la?nnmg.CoI aboratwe , vc- _ Eratettcg, I?ofimm?t_:t? W-bit t?';? 1. ?? -!f_ i? ? i -T[^q?•/?.Y I,f -1 l vji%rtw'.' - _ - - - ?-li.r?i,,. ?^4'Iii traW?FM•'?!T^.-... ,",` _ _ :,t _ ,?jt.?::!'! t ?. . 1lTRi, ` :drd1 .??1'faii? -.?itcnf i9.s?vtYata _ _ .C l' 4.2 Downtown North The northern downtown area is the location for several major initiatives of the Plan. This section covers important issues such as the redevelopment of the Almont Shipping parcel and the development of a new hotel and conference facility. Figure 6 illustrates initial development strategy for the area. the Northern Downtown Entrances (B) The present access routes to downtown from the north are characterized by underutilized and poorly landscaped areas. From Holmes Bridge, Highway Road, no clear delineation exists to cue drivers to the fact that they are entering a Castle special ayne space or place. The new extension of Smith Creek Parkway into Third Street presents an excellent opportunity to better define and mark downtown throug the city. The plan makes the following ?h creating a developed gateway to northern downtown entrance and creatingcommendaLions in regard to improving the a more aesthetically pleasing environment: • Construct an entry gateway on Third Street at Davis Street. A well-signed landscape space will create a strong sense of presence that informs drivers and others that they are now clearly within the downtown area of Wilmington. • Add landscaping along Smith Creek Parkway. exit. hrd Street entn,. and Davis Street corridor. Landscaping these ar aolm will ssiigndif cantly imtprove the image of northern downtown. ` • Create a pedestrian plaza on the,west side of north Fourth Street at Davis i Street. Northern Downtown Riverfront Area ( C) The area north of the abandoned Coast Line Railroad and extending east to the blocks between Second and Third Street is a critical location of focus for the Plan. Currently occupied largely by Almont Shipping, the area offers one of the most important opportunities for reshaping the physical environment of downtown Wilmington. The Plan takes a lonb term approach to this area and recommends an extended development program that is outlined below. Development in this area should be seen in the overall context -of the Plan in that many of the recommendations for this site support and complement numerous goals and objectives for Vision 2020. Abnont Shipping Site(C-1) The Plan recommends the eventual relocation of Almont Shipping operations to another location and the redevelopment of this major river-front property. This initiative would offer the opportunity to extend northward the revitalization and development associated with the hotel/conference complex (outlined below), and would "unlock" the development of the northern downtown waterfront. The Almont relocation and development proposal would be along term effort, involving substantial commitments and follow-through over an extended period of time. With a growing downtown residential community which benefits from the riser setting being judged as an essential component of the Plan by the public, a parcel the size and location of Almont is crucial and the only one available. ?Po o -1 p D< c Z ?Cn zO C Z > c NJ ° G) 0 m Tt g M Z -1 1- ? C Hotel/ Conference Center Parking Deck Landscaped Courtyard ?i of Coast Line ` Complex Cruise Ship dock ' Hilton Hotel with Planned Expansion " - RalilBus Q '?? Terminal - ` Parkhlg -- Deck Joint use -_ - - -_ -:? with CFCC Campus 'spine' ? % L along Front and y ?r Red Cross Streets ESMI { -?..?.- . Major Short Term Initiatives 1. lntermodal Transportation Terminal 2. Enhanced CFCC Urban Campus 3. HoteUConference Center JUN 3 0 2000 FICENF, _ DIVISION OF COASTAL MANAGEMENT ' =' --- RalUBlke Corridor Figure 6 Short Term Initiatives Wilmington Downtown Plan: Vision 2020 City of Wilmington New Hanover County D.A.R.E. CRANSTONaCON-PLANNING COLLABORATIVE A JMit Von*" 422 We 0091 AVOW Goo" 3014 -1931 rr" 772-IOI Cranston, Robertson 3 WhltehunlL P.C. Augusta, OWMIA ICON archltaeture, Inc. Boston, Massachusetts Planning, Research and Management Assoclates Augusta, Geergla :,."We Jh Some caution must be recognized about the difficulty of implementing this concept. Almont Shipping is a historic Wilmington use, which has been in continuous operation on its current site for over 125 years. The current management has indicated that the company intends to remain on their current site: however, a development strategy is possible that could take advantage of existing forces and capabilities. This would encompass several elements: • Develop a creative partnership with the State Port Authority Port Authority's Master Plan indicates proposed new dry bulk facilities noanharea otot the north of the current Port Authority property. Such a use is duplicative of the shipping in which Almont has specialized, and there may be the potential to devise an approach to public-private cooperation which might be highly beneficial to all parties, enabling a partnership between Almont's operations and the Port's ability to finance necessary capital improvements. If Almont were to relocate, they could also realize the value inherent in this significant urban site. • Make best use of sites for shipping and for development -- if Almont's operations could move southward to the site next to the Port, their capacity to service dry bulk cargo would benefit from greatly expanded berthing facilities as well as from the deeper draft channel and unimpeded ship access at a location which does not require navigation under the Memorial Bridge. Similarly, if the current Almont site were to be made available for redevelopment, this site would have immediate proximity to Wilmington's downtown, which is of little value to Almont's current operations. • Replicate the initiative of many waterfront cities -- in many other locations. industrial uses have been relocated to non-downtown locations in order to clear away rail yards, freight locations. and distribution facilities from urban waterfronts. Vancouver, recognized as one of the most livable and beautiful of North American cities, is the outstanding example of such an initiative v ntre th,? entire central cite no" enjoys public waterfront access due to the gradual relocation of rail yards and related industrial uses from the central waterfront. • Take advantage of a unique site in downtown Wilmington -- If this major parcel were made available for non-industrial reuse, major new downtown growth could then occur just beyond the historic district. providing significant flexibility in design and development. In this scenario, the effects of the Smith Creek Parkway on the Third Street corridor would be significant, leading to gradual transformation of this area into a downtown entry corridor, with office, retail, and residential uses. The concept for the Almont parcel would take the form of an extension of a ne«. traditional neighborhood development north along downtowns waterfront. linkin! stronL,l% to the proposed hotel/conference initiative and enhancing its marketability and attractivene>s (Figure 7). ` V J 0 JUN v ZQCD LLIP' _L)WISION OF MANAGEMENT Figure 7: Downtown Nortt River Developmi Strategy Rlverwalk Extension Multi-Family Houses Mixed Use Development with Marina/Water Focus Traditional Neighborhood Development Mixed Use Development Including Hotel b Conference/ Convention Center .- "'`' _ Views and - Access from 3rd Street Condor --, .i Y 11.r..... . - -- - - Parking and - - = ; Support Uses Landscaped Nutt Street -? - Corridor Transportation w/7 Terminal and Parking Wilmington Downtown Plan: - -- -- Water Street - = Corridor Vision 2020 -- City of Wilmington New Hanover County _ DARE, Inc. CRMSTON-ICONan ANNING `- - - _ COU ASORATNE 40 me show Tn C 1 Crww6 n. Robwbon t ICON wdlihwh . kw ? JUN 3 0 2000 ji ',v rlw,nip, Re"weh and DIVISION OF COAST?_ rAANAGEME??- L/ Page 49 JUN 3 0 2000 l[i DIVISION Of? COASTAL MANAGES ENt Several features characterize the design vision for this area: VNfllitvr)S ?. !A11tTFi?t?IV.1-I Y 1 ' C-, Extension of Wilmington's street grid -- to reinforce the connection of [his`new area to major downtown streets. Nutt Street would be realigned at the intersection with Red Cross and extended to the north, passing by the proposed hotel/conference center and terminating at a new embayment which would be ringed by public open space and would contain a marina. Existing streets in Wilmington's street grid would be extended perpendicular to Third and Fourth Streets towards the water, enhancing the connection of existing neighborhoods to the river. • Extension of the River Walk -- a major principle of this new development would be reservation of a public space of varying width along the river edge, extending the River Walk to the end of the Almont property, from which it could be further extended in coordination with development of the Dean parcel. Creation of waterfront public spaces -- several major public spaces could be created surrounding embayments at the river's edge, typically in areas which would be mixed- use in character and relatively open to the public. These would include two existing embayment areas, nearby to one another, within the Lee and Almont parcels. These could be used for berthing of transient vessels and enhancing the public's use of these major new uses. At the end of extended Nutt Street, a major marina would be created which would serve as a terminus for the street and an orientation space for connections from Third Street to this new development area. Mixed-use nodes oriented to the water -- around the two major waterfront public spaces. mixed use development, including medium density housing, retail. restaurant and office uses, would be encouraged to create public places of diversity and in_ re ,r. that would be highly marketable and would be inviting to the public. Traditional neighborhood development -- along major grid streets, traditional neighborhood development would be sought, including strong street frontages, relatively closely spaced buildings, parking to the rear from alley accesses. and an architectural character that would be highly compatible with the historic texture of downtown Wilmington. Development of a Major New Hotel and Convention/Conference Facility (C-2) For many years, Wilmington has desired a convention and meeting facility which would enable it to compete for conventions, business meetings and group business. Studies of the potential for such a facility were done as early as 1982. The strong regional growth since that time has improved the city and county's capacity to support development of such a facility, evidenced by the successful development of the Coast Line complex and the planned expansion of the Hilton Hotel. However, it is widely recognized that to support an adequate meeting facility, additional first rate hotel space is needed. The Plan proposes the development of a coordinated hotel and convention facility with 350 hotel rooms and up to 50,000 square feet of meeting/convention space to the north of the Coast Line property, designed and conceived to build upon and coordinate with existing meeting facilities in the Coast Line complex and the nearby Hilton. Elements of this proposal would include the following: MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Live Oak Development c/o Dean Scarafoni Project Number 00 1077 Recvd From DCM Received Date 8/15/00 Recvd By Region Project Type commercial & residential development County New Hanover County2 Region Wilmington Certificates . Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. LAMA SM 0 Y O N F 18-74-(61) sc SW 30,617. 0.05 I CAMA Waters O Y OO N r 'r rr-rr- F- 0.46 F- -F__O Y ON F -?-I -I -?? Mitigation Wetland MitigationType Type Acres Feet Stream Impacts (ft.) BE- F___ Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 341431 Comments: Longitude (ddmmss) 775707 cc: Regional Office Central Office Page Number 1 Facility Name Live Oak Development c/o Dean Scarafoni Project Number 00 1077 Comments (continued from page 1): County New Hanover Regional Contact: Date: J. Steenhuis 9/7/2000 cc: Regional Office Page Number 2 Central Office