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HomeMy WebLinkAbout20130430 Ver 1_CAMA Permit Application_2013042320130430 Ar NCDEENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 19, 2013 MEMORANDUM: TO: Karen Higgins 401 Oversight DWQ - Surface Water Protection FROM: Doug Huggett, NC DENR -DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT: CAMA Major Permit Application Review Applicant: John Cerasani Project Location: 437 White Heron Cove Rd., adjacent to Topsail Creek, Hampstead, Pender County Proposed Project: to install a 12'x 12' boat lift adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hu4aett at the address above by May 15, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796 -7215, when appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE 127 Cardinal Drive Ext , Wilmington, NC 28405 Phone: 910 - 796 -7215 \ FAX: 910- 395 -3964 Internet: www.ncooastalmanaaement.net An Equal Opportunity \ Affirmahve Achon Employer Bc��oeQ APR 232013 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Cerasani 2. LOCATION OF PROJECT SITE: The property is located at 437 White Heron Cove Road, adjacent to Topsail Creek, in Hampstead, Pender County. Photo Index - 2006: 22 -7436, V -7 2000: 22 -285, V -7 1995: Not Available State Plane Coordinates - X: 2965903 Y: 1507155 GPS File: N- 041614A Lat: 34 122'09.664 "N Long: 77'40'18.443"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/16/2013 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — Completed on 4/10/13 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Classification From LUP -AEC areas are classified Conservation and Resource Protection. (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — Private Planned -None (F) Type of Structures: Existing — Residence, private pier and docking facility. Planned —12' x 12' boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non - Vegetated Wetlands - open water 144 sq. ft. (C) Other (Highground) (D) Total Area Disturbed: 144 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install a 12' x 12' boat lift adjacent to an existing docking facility. John Cerasani Page Two 9. PROJECT DESCRIPTION: The project site is located at 437 White Heron Cove Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to Country Club Road (approximately 2.37 miles north of the intersection of Highway 17 and 210 in Hampstead). Turn right onto Country Club Road and travel approximately 0.70 miles before turning right onto Olde Point Road. Travel along Olde Point Road approximately 1. 10 miles and turn right onto Olde Point Loop Road. Follow Olde Point Loop Road for approximately 0.30 miles and then turn right onto White Heron Cove Road. The subject property is located on the left hand side of White Heron Cove Road, at house number 437. The lot is approximately 0.72 acres and existing man-made features on the property include a single- family residence, bulkhead, pier and docking system. The high ground portion is elevated approximately 10 -12 feet above the Normal High Water (NHW). Vegetation on the tract consists of lawn grasses, ornamental trees and shrubs. The highground transitions to an area of high marsh consisting of Spikegrass (Distichlis Vicata), Salt Meadow Hay (�artina patens), and Black Needlerush (Janus roemerianus) which extends approximately 5 -10 feet in width toward the Normal High Water (NHW). The high marsh transitions waterward to an area of low marsh (approximately 40 feet in width) that consists primarily of Smooth Cordgrass (Spartina Alterniora). The property has approximately 150 linear feet of shoreline, all of which is stabilized by a wooden bulkhead. The existing pier is located along the northern property line, adjacent to Old Topsail Creek. The existing pier (5' x 55') terminates approximately 5 feet beyond the edge of the marsh (bordering the property). A ramp (gang way) extends from the end of the pier, north to an existing 8' x 32' section of floating dock, which runs parallel to the shoreline. The existing docking facility also includes a small jet -ski lift (davit lift) that is located at the terminal end of the existing pier. The width of the waterbody in this area of Old Topsail Creek ranges from 88 to 93 feet, as measured from the edge of marsh to edge of marsh. Current water depths around the existing facility range from approximately -2.0' to -4.7', relative to Normal Low Water (NLW). The waters of Old Topsail Creek, adjacent to the project site, are classified as SA by the North Carolina Division of Water Quality. They ARE designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct a new 12' x 12' boatlift along the southern side of the existing docking facility. Specifically, the proposed lift would be located immediately adjacent to the existing floating dock. As documented, the width of the waterbody (in the vicinity of the proposed lift) measures between 88 and 93 feet. Holding to the ' /o width length limitation, all new development would need to terminate a distance of 22' -23' from the outer edge of the coastal marsh; however, due to the current dock configuration, in addition to the adjacent docking facilities on either side (i.e. pier -head line), it appears the applicant may exceed the '' /< width limitation and extend approximately 30 feet from the outer edge of the marsh. As proposed, the boatlift would extend approximately 28' -30' from the edge of the marsh, but would be within 1/3`d of the width of the water, as well as within the existing pier -head line. In addition, the proposed lift would be located landward of the edge of the maintained channel. Water depths in the area of the proposed boatlift range from -3.0' to 4.0', relative to NLW. According to the work plat drawings, the lift would be located outside of the maintained channel, within the pier -head alignment, within 1 /3`d of the width of the waterbody and within the applicant's area of riparian access. As planned, the addition of a boat lift would increase the total slip count to four (4). John Cerasani Page Three 10. ANTICIPATED EMPACTS As proposed, the planned development would incorporate approximately 144 sq. ft. of Public Trust Waters. The applicant has approximately 150 linear feet of shoreline allowing up to 1,200 sq. ft. of platform or docking space. As constructed, the total square footage of the existing facility (platform and floating dock) equals approximately 256 sq. ft. No impacts to Coastal or "404" wetlands would occur as a result of construction. As previously indicated, the planned development would be located within the applicant's area of riparian access (outside of the 15' setback), within the pier -head line and within UP of the width of the waterbody. Short term increases in turbidity could be expected due to piling installation. Submitted by: J. Dail Date: April 17, 2013 Office: Wilmington 88o wl APPLICATION for Mayor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT �' A9�tfflC011fl '8C�1'I11(Q.1"t�181�01'� Business Name Pro}'e�ct Name (if applicable) Business Name 1 L� 1 Applicant 1: First Name J N MI C. Last Name ' C? e P, AS��I Applicant 2. First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing A dd� d- d eur UL kk PO Box City Nfw l-W State A I ' P ZIP GG ,, JJ aQ r l % Country V • S A Phone No. q �U - ab v Sd O ext. FAX No — _ Street Address (if different from above) City State ZIP °savwu� sue- Sa-v S� Email �' A9�tfflC011fl '8C�1'I11(Q.1"t�181�01'� . ` - Business Name Agent/ Contractor 1: First Name J0, MQS MI Last Name 30 IV s Agent/ Contractor 2: First Name MI Last Name Mailing Address �� 'i Q i N PO Box City ,� r w' State N ' ZIP 0 Phone No. V -5- /�fl ext. Phone No. 2 ext. FAX No. Contractor # Street Address ff different from above) Email City State ZIP <Form continues on backs 252 -808 -2808 :: 1- 888- 4RCOIAST :: www.nccoastalmanagement.net Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit $40 D0901000n County (can be multiple) Street Address State Rd. # Subdivision Name o L Q P61 NT City q} m pgpjo State C Zip q � Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 32J�j g. Identify and describe the existing land uses adjacent to the proposed project site c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to he proposed project site. 911atural []Manmade ❑Unknown I� w - e Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Mi'es ❑No work falls within ono Pa>;VF $40 D0901000n a Total length of shoreline on the tract (ft.) ISO/ b. Size of entire tract ( sq.ft.)) ). 3116& c. Size of individual lot(s) IYO `Z�6 d. Approximate elevation of tract above NHW (normal high water) or NWL (normal wateerlee a/) i (if many lot sizes, please{ attach additional page with a list) [�NHW or ❑NWL e. Vegetation on tract l qWk �AAI [-Apo" I. Man -made features and uses now on tract �A" f z , o 32J�j g. Identify and describe the existing land uses adjacent to the proposed project site ko� ido�.jfAL h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? n _ '/�/J�C/� (Atta� zoning compliance certificate, if applicable) []No ❑NA L7Yes 1. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ZNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ONo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? <Form continues on next page> 252- 808 -2808 :: 1- 888- 4RCOAST :: www.necoastatmanagement.net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes (ii) Are there coastal wetlands on the site? �NNoo ❑Yes l o c (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes Vo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. d. List all development activities you propose. V ` vv oth? o. Describe existing drinking water supply source. Cj p. Describe existing storm water management or treatment slystems. g. Will the proposed project encroach on any public easement, pu'blliic`accessway or other area ❑Yes o ❑NA ow T6 h. Describe location and type of existing and proposed discharges to waters of the state. . AiBt�vila,i�ndlmjaact a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovemment rivate/Community b. Give aab�briief description of purpose, use, and daily operations of the project whenncoofmplplete. j/� u k' Wy'-- c. Describe the proposed construction methodology, types of construction equipment to be us@d during construction, the number of each type of equipment an where it is to be stored. d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or oth? f. What is the approximate total disturbed land area resuftin frog m the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, pu'blliic`accessway or other area ❑Yes o ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes BR4/o ❑NA j. Is there any mitigation proposed? []Yes o ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252- 808 -2808 :: 1.888- 4RCOAST :: www.nccoastalmanagement.net Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit addihori iri ooritpteieappllcahor► form, j11 =f) fife tallgwbtg 1l�ns,¢edoHS it`e, mustbb submitted tn,ordei ppffcslw� ` .paolFage to �%or►ipfit9. {tams {8f - j'iJ a►#�afWa!"s �Isto anY r��+� applk.'�tiott. Please ctinsiilt the app!oR inoybi rt bootde "o how 'a P prepays the rQquhebl rferits betel 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 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. PtronQ No. - , r 9 _ 4/141 14V toll C412UP Ll Iqwh$ &e_6 rQ -R_ Phone No. 9,7o -2- 5'� / f`1a►t1H + . r z — - 'Phone No. 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: +C�r lR�atfdi� nd:> tr►iisslon. #Q Erne on !.aril 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. 1- further certify that the information provided in this applicatio is truthful to the best of 6 knowledge. MRWI 1�— I — IS Print Name cwes 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 ❑DCM MP -4 Structures Information 252 -808 -2808 .. 1- 888- 4RCOAST :. www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACIUMMARNA CHARACTERISTICS ❑ this section not applicable a (i) Is the docking facility /marina b. (i) Will the facility a open to the general public? ❑Commercial ❑Public/Govemment nvate /Community ❑Yes DNS c (i) Dock(s) and /or piers) d (i) Are Finger Piers included? []Yes 01V0 (u) Number If yes: (iii) Length (ii) Number (iv) Width (iii) Length (v) Floating es *0 (iv) Width (v) Floating ❑Yes rYe. e (i) Are Platforms included? []Yes ❑No f (i) Are Boatlifts included? o If yes If yes ' (ii) Number (ii) Number (iii) Length (iii) Length '—T (iv) Width (iv) Width IV (v) Floating []Yes []No Note • Roofed areas are calculated from dripline dimensions g. (i) Number of slips proposed h Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service r C ❑ Dockage, fuel, and marine supplies ❑ Dockage ( wet slips') only, number of slips Rory storage, number of boats: ❑ Boat ramp(s), number of boat ramps• ❑ Other, please describe i Check the proposed type of siting ❑ Land cut and access channel V en water, dredging for basin and /or channel en water, no dredging required []Other, please describe k• Typical boat length: I 0 / m. (i) Will the X06 have tie pilings? ❑Yes (u) If yes number of tie pilings? j Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 1 I (i) Will the facility pen to the general public? []Yes LKo 252 -808 -2808 :: 1- 888.4RCOAST :: www.necoastaimanauement.net revised: 12127/06 Form ®CM MP-4 (Structures, Page 2 of h) -i. D0dK_1NGJFACIUTY /MAR %1�l/� OP. ERATIONS bcable _ - is lion not p) . 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 t What will be the marina policy on overnight and live- aboard dockage? k Describe design measures that promote boat basin flushing? I If this project is an expansion of an existing marina, what types of services are currently provided? m Is the manna/docking facility proposed within a primary or secondary nursery area? ❑Yes []No 252. 808 -2808 :: 1- 88"RCOAST :: www.nccoastaimanacisment.net revised: 12/27106 Form ®Chi! NIP -4 (Structures, Page 3 of 4) n Is the manna/ ocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes Mo o is the manna/aocicing tacildy proposed within or adjacent to coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL one p Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 5010 If yes, give the name and address of the leaseholder(s), and give the proximity to the lease 3. -80A MOUSE rn'ciudiri cove tins) ' - - I i, 9 tail This section not appli*le a (i) Is the boathouse structure(s): ❑Commercial ❑PublicJGovemment ❑Private/Community (ii) Number (m) Length (N) Width Note: Roofed areas are calculated from driplme dimensions 4. GRO /AI fe.g., w6k4heetpi1e; etc:, if a rock groin, use MP -2' Excavation and Fill.) . tiffs section not applicebld - - _ a (i) Number (ii) Length (in) Width :,' - BREAKWATER - �.g.; ttiood,' sheetpdd, etc:) . Is section not applicable: a Length b Average distance from NHW, NWL, or wetlands c Maximum distance beyond NHW, NWL or wetlands 6: MOORING PILING$ OOd BUO S . is section not applicable v a c auu u1vkQ1. ❑Commercial ❑Public/Govemment ❑Pnvate /Community C- Distance to be placed beyond shoreline Note. This should be measured from marsh edge, if present e Arc of the swing U NUmDer d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808:.- 1- 888- 4RCOAS7 :: www.nccoastaimanagement_ net revised: 12/27106 Form 0CM MP -4 (Structures, Page 3 of 4) n Is the mann5docking facility proposed within or adjacent to any shellfish harvesting area? []Yes o o Is the marina/docking facility proposed within or adjacent to coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL one p Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes J4 o If yes, give the name and address of the leaseholder(s), and give the proximity to the lease 3. BOATHOUSE IfZncludingcoveted lifts) )07'his section not applicable a (i) Is the boathouse structure(s)- ❑Commercial ❑Public/Govemment ❑Pnvate/Community (n) Number (iii) Length (iv) Width Note. Roofed areas are calculated from driplme dimensions 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) his section not applicable a (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.)' s section Rot applicable, a• Length b Average distance from NHW, NWL, or wetlands c Maximum distance beyond NHW, NWL or wetlands 0.- MOORING PIUNGS and BUOYS. is section not applicable a w urc buuckure(51: ❑Commercial ❑Public/Govemment ❑Pnvate /Community c Distance to be placed beyond shoreline Note. This should be measured from marsh edge, if present. e. Arc of the swing U Number d Description of buoy (color, inscription, size, anchor, etc.) 252 -808 -2808 :: 1- 888- 4RCOAST :: www.nccoastatmanagement.net revised: 12127106 i. • • 0 V ' S 1 1 w pr alp S -4W b � 1 n o��� n1�9�' Ala -)3F�Nr4 Id H-.2 tis *J ,3- Mai n mw+f, MHN jxfl il a� �fvYl P=6 —_' 3 6 Sept. 2(VWfL% v N, c- ��rq reg u yG,,ty, 1 d-Z (m x 11 �OH#j eeR #S'�A/l �4M�S1 #p/ m•q- a( nq w h -T rrt� y �'a 11--5 n