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HomeMy WebLinkAbout20070516 Ver 1_CAMA Permit Application_20070320~~~~ 20070516 ~~~_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 19, 2007 MEMORANDUM: TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit o ~~~~~~ Division of Water Quality-Surface Water Protection D FROM: Doug Huggett, Major Permits Coordinator MAR 2 0 2001 SUBJECT: CAMA Permit Application Review ~uuos~ST~,y~ ~tH Applicant: Christopher Bailey Project Location: 7225 Wrightsville Ave.(site of old "Babies Hospital"), at Motts Pond, adjacent to the AIWW / Greenville Sound; in Wilmington, New Hanover. Proposed Project: construction of docking facility for kayak access into Motts Pond Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 11, 2007. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 91u-796-7215 `FAX: 910-395-39641Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Christopher Bailey 2. LOCATION OF PROJECT SITE: 7225 Wrightsville Ave., at the old "Babies Hospital" location. aclj~-ccnt t~~ Motts Creek, a-~d the Atlantic Intracoastal Waterway, Greenville Sound, in Wilmington. Nc~~ I lan~~~, cr ~ ~~uni~~ Photo Index - 2006: 22-7429, M, N-12,1.3 2000: 22-278, M, N- 11,12 1995: 22-261, M, N-15 State Plane Coordinates - X: 2358223 Y: 173319 Latitude: 34°13'13.19003"'N Longitude: 77°48'54.31825"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-030116B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03-01-07 Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 02-26-07 Office -Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP -Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, CW, EW (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing -Municipal System Planned - N/A (F) Type of Structures: Existing -Commercial office building and associated gravel and asphalt parking lot Planned -Pier, gazebo and platforms (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nuEnc'rF.n FILLED OTHER (A) Vegetated Wetla,~ds (Low Marsh) 240 sq. ft. (Shaded) (B)Non-Vegetated Wetlands incorporated (O en water) 1 ,440 x~ I~t (C) Other (D) Total Area Disturbed: 1,680 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: "SA" Open: No 8. PROJECT SUMMARY: The applicant proposes the construction of a private pier, gazebo and finger piers t~n- kayak access into Motts Pond, adjacent to the Atlantic Inteacoastal Waterway for a potential residential development on the property. Christopher Bailey Page 2 9. PROJECT DESCRIPTION: The project site is located at 7225 Wrightsville Ave. at the old "Babies Hospital" location, adjacent to Molts Creek, and the Atlantic Intracoastal Waterway (AIWW), Greenville Sound, Wilmington, in New Hanover County. To locate the property from Military Cut-Off Road (NC Highwayl7), turn onto Eastwood Road towards Wrightsville Beach. Travel east approximately 1 mi: and the property of interest would be located on the left, just before the drawbridge to Wrightsville Beach. The property runs adjacent to Summer Rest Road and averages 8-10 feet above mean sea level. The lot is approximately 2.3 acres with approximately 472' of shoreline frontage on Motts Pond. Molts Pond was an excavated area within Molts Creek, which continues to be tidally influenced by the Summer Rest Road bridge over Molts Creek. There is an existing commercial building on the western end of the property, which was the only building structure that remains after the demolition of the old "Babies Hospital". There is also exists the foundation of the demolished structure and associated asphalt and gravel parking. Upland vegetation consists of woody species, which include Oak and Pine. Other present upland vegetation consists of lawn grasses, which transitions into the high marsh of mixed coastal wetland and "404 type" vegetation including Marsh Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia), Sea Ox-eye (Borrichia frutescens), Cattails (Typha sp.) and Salt Meadow Grass (Spartina patens). Low marsh consists primarily of Smooth Cordgrass (Spartina alterniflora), which covers an area approximately 40 feet in width to Molts Creek. The New Hanover and the City of Wilmington County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the Motts Creek and Middle Sound are classified SA by the Division of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes the construction of a private pier, gazebo and finger piers for kayak access into Motts Pond. adjacent to the Atlantic Intercoastal Waterway for a potential residential development on the property. The pier would extend from the existing highground area approximately 65' into Molts Creek and would place the structure approximately 20' waterward of the outer edge of coastal wetlands. The pier would then terminate into a `°f-head" platform (40' x 30'), which 40' in length by 20' would be roof covered. The entire "T-head" ~r~w Icl hr ~~~ cr ~~;x•n water. Two fixed finger piers, 20' in length by 6' in width, would be constructcd_ unc on tl~c ~~~i,i~r~~~ ,:~;. , ..-~_ platform and one on the western end of the platform. These finger piers would allo~~ for kayak anal ~>tl~~i ;~!~ propelled vessels access into Molts Creek and potentially into the A1WW under the Summer Rest Road bridge. The application states that the structures would be located in approximately -4' of water @ Mean Low Water (MLW). The structure would provide docking space for four (4) vessels, however the application states the structure would only accommodate kayaks and other self propelled vessels. 10. ANTICIPATED IMPACTS: The proposed pier system construction would incorporate 1,440 sq. ft. of Estuarine Waters and Pubic Trust Area and would shade approximately 240 sq. ft. of coastal wetlands, vegetated primarily ~-~ ith Snu~uih ~ ~~nl~~r,; , , (Spartina alternijlora). Minor increases in turbidity should be expected during consU~ucti~m. Ihr i~,n,i~~,,~~~~ ~~~_~~ and platforms would extend approximately 58 feet into a waterbody, which measures approximately 236 feet across, which would conform with the 1/4 width. Submitted by: Robb Marrs Date: 3/]5/07 Office: Wilmington 07•o5~e ACM M!-1 APPLICATION for -- Maior Derelopment'erm~t ~st~~~,~„~~ North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Bailey And Associates Project Name (if applicable) Babies Hospital-Molts Creek Applicant 1: First Name Chris Mt Last Name Bailey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 7225 Wrightsville Avenue PO Box City Wilmington State NC ZIP 28403 Country USA Phone No. 910 - 256 - 8443 ext. FAX No. 910 - 256 - 6331 Street Address (d different from above) City State ZIP Email baileycw@bellsouth. net 2. AgentContractorlnformation Business Name Waterline Marine Construction And Consulting Agent/ Contractor 1: First Name MI Last Name Jim D Hundley Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box Giry State 1646 Wrightsville Beach NC Zlp Phone No. 1 Phone No. 2 28480 910 - 264 - 9977 ext. - - ext. FAX No. Contractor # 910 792 0942 62058 Street Address (rf different from above) City State ZIP Email jimhundleyjr@ec.rr.com ~ ~ ~ ~ ~/ ~ [~ <Form continues on back> c~~~ ~~~~ Form DCM MP-1 (Page 2 of 4) ~ ~ AFP~ICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 7225 Wrightsville Avenue Subdivision Name City State Zip Wilmington NC 28403 - Phone No. Lot No.(s) (d many, attach additional page with list) 910 - 256 -8443 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Molts Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ^Manmade ^Unknown Alm e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ^No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +/- 472' 101, 930 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8' ®NHW or ^NWL e. Vegetation on tract Landscaped Lot f. Man-made features and uses now on tract Existing Commercial Building g. Identify and describe the existing land uses adjacent to the proposed project site. The tracts adjacent to the proposed project are commercial and one adjacent side is a road. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? B-1 (Attach zoning compliance certificate, if applicable) ®Yes ^No ^NA j. Is the proposed activity part of an urban watertront redevelopment proposal? ^Yes ^No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ®No ^NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes ®No ^NA National Register listed or eligible property? ~C~I VU~LMlR!G7t~r~, ^JC <Form continues on next page> ~=-C~ 2 ~ 20Q7 Form DCM MP-1 (Page 3 of 4} APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ^No (ii) Are there coastal wetlands on the site? ®Yes ^No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ^Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. City o. Describe existing drinking water supply source. City p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ^Commercial ^PubliGGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the proposed construction is to provide residents with an observation platform and kayak launch to enjoy the natural setting of the adjacent water body. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Normal marine construction techniques will be used during construction including jet pumps. d. List all development activities you propose. The intent is to erect an observation pier and kayak launch facility. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? NA ^Sq.Ft or ^Acres g. Will the proposed project encroach on any public easement, public accessway or other area ^Yes ®No ^NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface Runoff i. Will wastewater or stormwater be discharged into a wetland? ^Yes ®No ^NA If yes, will this discharged water be of the same salinity as the receiving water? ^Yes ^No ^NA j. Is there any mitigation proposed? ^Yes ®No ^NA If yes, attach a mitigation proposal. ~ . ~-- . i e--i ~ v ~ o v ~ !u <Form continues on back>~'~~ ~'~~~~ M3t~lGT(~}~P, NC b P-~.t~ .~ ~ cClf<<' Form DCM MP-1 (Faye 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (i) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certfied mail. Such landowners must lie advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name State of North Carolina-Real Property Office (UNCW Building) Phone No. Address 116 Jones Street W, Raleigh, NC 27603 Name NCDOT Phone No. Address 310 Division Drive, Wilmington, NC 28401 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 2/20/07 _ Print Name Jim Hundley r Signature Please indicate application attachments pertaining to your proposed project. ^DCM MP-2 Excavation and Fill Information ^DCM MP-5 Bridges and Culverts ^DCM MP-3 Upland Development ~ ~ ~ E ~ ~~ ~ [,~ ®DCM MP-4 Structures Information ~~~V1 6~4`1L(I~INCyT(~t~. ~;1;"' Form DCM MP-4 (Construction within Pubiic Trust /Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ^Commercial ^PubliGGovernment ®Private/Community ^This section not applicable b. (i) Will the facility be open to the general public? ^Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 65 (iv) Width 6 (v) Floating ^Yes ®No e. (i) Are Platforms included? ®Yes ^No If yes: (ii) Number 1 (iii) Length 30 (iv) Width 40 {v) Floating ^Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (ij Number of slips proposed 0 (ii) Number of slips existing 0 i. Check the proposed type of siting: ^ Land cut and access channel ^Open water; dredging for basin and/or channel ®Open water; no dredging required ^Uther; please describe: k ~fypical boat length: n/a m. (i) Will the facility have tie pilings? ^Yes ®No (ii) If yes number of tie pilings? d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ^No 2 25 6 ^Yes ®No f. (i) Are Boatlifts included? ^Yes ®No If yes: (ii) Number (iii) Length (iv) Width h. Check aA the types of services to be provided. ^ Full service, including travel lift and/or rail, repair or maintenance service ^ Dockage, fuel, and marine supplies ^ Dockage ("wet slips") only, number of slips: ^ bry storage; number of boats: ^ Boat ramp(s); number of boat ramps: ^ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Kayak or other small self propelled craft I. (i} Will the facility be open to the general public? ^Yes ®No ~~~~~~/~~) ~~~n U',~l~Nl~Nt~Tn~~ t~C i=~~E~ 2 ~~ 1JO 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ^ Office Toilets ^ Toilets for patrons; Number: ;Location: ^ Showers ^ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and "No Wake" signs proposed. i- Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? If this project is an expansion of an existing marina, what types of services are currently provided? I.~t"f~11 t~~LMING7~N. f~ m. Is the marina/docking facility proposed within a primary or secondary nursery area? ^Yes ^No `i::.~ ~ ~ 2Q!~7 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ^Yes ^No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAS, shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ^CW ^SAV ^SB ^WL ^None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ^Yes ^No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ^Commercial ^PubliGGovernment ^Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a• (i) Number (ii) Length (iii). Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands ~ 6. MOORING PILINGS and BUOYS ®This section not applicable ~ a. Is the structure(s): ^Commercial ^PubliGGovernment ^Private/Community b Number c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7, GENERAL d. Description of buoy (color, inscription, size, anchor, etc.) ~~~ V'd~LA?~lNGTf1Nt ~~ ~`~E~ ;~ ~ 2007 a. Proximity of structure(s) to adjacent riparian property lines b_ Proximity of structures} to adjacent docking facilities. >100' None exist Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 236' d. Water depth at waterward end of structure at NLW or NWL 4' NWL e. (i) Will navigational aids be required as a result of the project? ^Yes ®No ^NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER ^This section not applicable a. Give complete description: Installation of a fixed pier facility designed to accommodate the use of kayaks. In addition the platform will serve as an observation dock for the proposed residential development. 2120/07 Date Bailey-Babies Hospital Gazebo Project Project Name Jim Hundley Applica ame Applicant Signature ~~~~~~ Fib" ~'m W Y _ W ~ "`N,yu4Ll ~ ~ SOW Y '" ~~,~ qT N'q)F~, 30'x40' DECK W W ~ ~'CR£EK Vrof WITH 20'x40' Y W W W .~.. ROOF OVER - W W W W W J~\ A~(~~. T O 'r~~''r` IN~~ W W W W W W W CO~i YE`p ` .y~ W W 'r \\ W W OAK EXISTING IRON PIPE 20~ ~- NEW PIER PLAN 50 25 0 50 SCALE: 1"=50' FEET D O d' W ~' W N ` THIS FIGURE BASED ON SURVEY BY ASPHALT PAVED PARKING HOBBS SURVEYING CO. 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