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HomeMy WebLinkAbout20190554 Ver 2_More Information Received_20200608Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 2019 Version* 2 0554 Is this project a public transportation project? * r Yes r No Reviewer List:* Robb Mairs:eads\rlmairs2 Select Reviewing Office:* Wilmington Regional Office - (910) 796- 7215 Does this project require a request for payment to be sent?* r Yes r No Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* r New Project r New Project w Existing ID r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) r Stream or Buffer Appeal New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Is this supplemental information that needs to be r Yes r No sent to the Corps? * Project Contact Information Name: Maria T Dunn Vft is subrritting the information? Email Address: maria.dunn@ncwildlife.org Project Information Existing ID #: Existing Version: 2020 1 0515 20170001(no dashes) Project Name: 1505 Castle Hayne Rd Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) New Hanover Please upload all files that need to be submited. click the upload button or drag and drop files here to attach docurrent CMDF Preservation Point 1.32M6 Partners_NCWRC^.pdf Only pdf or lm7 files are accepted. Describe the attachments: Sign and Submit W By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form." Signature: M Submittal Date: Is filled in automatically. April 15, 2020 MEMORANDUM.' FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) r-urt.weychert@NCDENR.gov SUBJECT: CAMA/Dredge & Fill ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS PR 2GZo Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M C_," z 1' 1n(-) AGENCY N CJNJ SIGNATURE DATE _ + ~ Carolina I Environmental Quality I Coastal Management 127 Cardinal Chive Ext., Wilmington, NC 2M5 919 796 7215 Ed North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Curt Weychert Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: June 1, 2020 SUBJECT: CAMA Dredge/Fill Permit Application for Preservation Point Partners, LLC, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1505 Castle Hayne Road adjacent the Northeast Cape Fear River and Smith Creek in Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to develop a 133-unit residential subdivision with an open pavilion and amenity area, boardwalks, a 98-slip open water marina on the Northeast Cape Fear River, and two kayak launches on Smith Creek and an unnamed tributary. The site has had development proposals since 2007, of which the NCWRC has reviewed permit applications, provided comments, and attended scoping meetings - the most recent of which was conducted in 2019 and included the general proposal currently under application review. The majority of wetland impacts for the upland portion of the development have received permits from the USACE and NCDWR. Included within this application is an additional 0.097- acre Section 404 wetland fill for stormwater conveyance as well as the impacts associated with the water dependent amenities. A spoil island will be converted to an active space with several recreational opportunities. This area will serve as the connection between the main residential area and the marina. Two mulched paths would lead north and south from the spoil island to floating kayak launches within Smith Creek and the unnamed tributary. From the spoil island extending west into the river, a fixed 10' by 330' pier would give access to a 10' by 101' floating dock. Water depths in this area range from -2.2' to -9.5' NLW. This floating Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 dock leads to a 10' by 909' floating spine oriented parallel to shore that provides access to 98 slips. Forty- eight floating finger piers, 4' by 30' to 50' in length would extend waterward and landward from this spine. Two 85' by 8' floating docks are proposed at the northern and southern ends of the access float. Water depths range between -9' to-13'NLW. In addition to the 98- slip facility, the applicant is proposing two 150' by 1' "debris reflectors" that would be located 350' from shore at their farthest point. The deflectors would be constructed of vertical pilings with 10" horizontal pipes attached to the pilings that float just above the water level and extend approximately 5' below NWL. The structure would be marked with reflective paint. As proposed the breakwater would extend waterward the proposed marina with the southernmost deflector approximately 22' beyond the quarter width of the river. The Northeast Cape Fear River in this location is classified SC Sw by the Environmental Management Commission, is designated a Primary Nursery Area (PNA) by the NCDMF, and is designated critical habitat for Atlantic sturgeon (Acipenser oxyrhynchus) by NMFS. Smith Creek in this location is classified C Sw by the Environmental Management Commission and is designated an Anadromous Fish Spawning Area (AFSA) by the NCWRC and NCDMF. The NCWRC has reviewed the permit application and has considered the project and its impacts to wildlife and public resources. We appreciate the coordination and efforts put forward by the applicant to adjust project designs and address concerns presented during earlier project iterations and meetings. While we do not object to the project, we do request the following be considered and when appropriate, included as permit conditions: • The marina facility as proposed includes two debris deflectors. While the structures are proposed to deflect debris, this location exhibits strong currents and winds, potentially turning these structures into navigation hazards. To minimize navigation hazards near the channel and within the main body of the river, the positioning of the deflectors should be contained within the quarter width of the river. • The floating platforms associated with the kayak launches appear to lend themselves to resting on the shore or creek substrate. It was recommended during the scoping meeting these structures be fixed rather than floating to remove this impact. This recommendation is put forth again. At minimum stops should be included in the project design at 18" above MLW. • The Northeast Cape Fear River is designated as a PNA and as critical habitat for Atlantic Sturgeon. Smith Creek is designated AFSA. To minimize impacts to these resources, a February 1— September 30 in -water moratorium should be placed on the project. This includes construction in open water and wetlands regularly inundated by the river and creek systems (the connected floodplain). • The placement of structures in this area may increase the amount of sediment accretion at the docking facility. Due to the classification of this area as PNA, any future requests for dredging in the area will be denied. We request the applicant to fully evaluate this issue prior to creating these environmental impacts. • Sedimentation and erosion control measures should be installed and maintained throughout project implementation. • Wetlands provide important water quality functions and habitat opportunities within these systems. Matting should be used to minimize the lasting effects of temporary impacts from heavy equipment during construction. Any ruts or vegetation damage should be remediated post construction. • A marina management plan should be incorporated that addresses overnight docking, spills, what spill control and clean-up equipment will be available, and minimally identifies whether a trained dock master will monitor the area. This plan should also include the posting of information for boaters including emergency numbers and facility contacts. A pumpout facility should be made available or directions to the nearest pumpout facility should be posted. The NCWRC appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at rnaria.dunnrd)newildlife.or