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
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mandatory questions are answered.
Project Type:* r
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More Information Response
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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
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• 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