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HomeMy WebLinkAbout20130462 Ver 1_CAMA Permit Application_2013050120130462 fir4j 1AVA1 A 8 E R 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 30, 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: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doucr Hu44ett at the address above by May 23; 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. 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, NC 28405 Phone: 910 - 796 -7215 \ FAX: 910 - 395 -3964 Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: William and Sonya Edens 2. LOCATION OF PROJECT SITE: 257 Howards Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. Photo Index - 2006: 22 -7435, U -W, 8 2000: 22 -284, U -X, 8 1995: Not available State Plane Coordinates - X: 68197 Y: 730789 Lat:34 °21'27.024 "N Long: 77 °40'57.468 "W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - N- 0402609A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/26/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 4/24/13 (Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing - Single - family residence, pier and floating dock Planned - Six (6) slip docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Mixed coastal & 404 -type) (B) Non - Vegetated Wetlands 1,996 sq. ft. (Open water) (incorporate-) (C) Other (D) Total Area Disturbed: 1,996 sq. ft. (0.045 acres) (E) Primary Nursery Area: No (F) Water Classification: SA -ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to expand the existing docking facility to accommodate six (6) vessels. William and Sonya Edens Page 2 9. PROJECT DESCRIPTION: The project site is located at 257 Howard's Lane, adjacent to the AIWW, in Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to Forest Sound Road (approximately 12.5 miles from the Wilmington Regional Office). Turn right onto Forest Sound Road, which after approximately 0.6 miles becomes Corcus Ferry Road. Continue approximately 1.3 miles down Corcus Ferry Road to Howard's Lane. Take a right onto Howard's Lane and travel approximately 0. 10 miles. The Edens' property is located along the eastern side of Howard's Lane, at house number 257. The property consists of a 2.59 acre parcel that is situated on land that is approximately 9 -10 feet above mean high water (MEW) and is vegetated primarily with lawn grasses. A single - family residence occupies the highground portion of the property. The shoreline (approximately 155' as measured along the Meah High Water line) is stabilized by lawn grasses intermixed with coastal and 404 -type wetlands. Smooth Cordgrass (Spartina alterniflora), along with Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum), span along the intertidal flat a distance of approximately 400' before reaching the open water area of the AIWW. The width of the waterbody, in the vicinity of the project site, measures approximately 660' from marsh to marsh. Currently, the applicant's maintain an existing pier and floating dock on the property that extends approximately 145' toward the east. The pier and floating dock were permitted under CAMA General Permit No. 39883, in 2005. A 6' x 16' floating dock is positioned near the terminal end of the floating dock and is situated in a man-made basin that was recently dredged by the applicant's back in 2011. The entrance channel leading to the basin runs beneath an adjacent dock located north of the property. Access to and from the Edens current dock is strictly limited due to the height of the adjacent pier, and the separation of the pier relative to the Normal High Water level. Currently, water depths in the vicinity of the existing floating dock range from approximately -3' to 4, relative to Mean Low Water (MLW). The waters of the AIWW are classified SA -ORW by the Division of Water Quality. The project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to create a six (6) slip docking facility waterward of the existing pier. According to the work plan drawings, the applicant proposes to extend the existing 6' wide pier another 370' toward the east, into the AIWW. As proposed, the pier would extend approximately 150' beyond the edge of the marsh and would terminate in a 20' x 20' covered gazebo. In addition to the covered gazebo, the applicant proposes to install a series of fixed finger piers and a floating dock comprised of four (4) sections, as well as two, 17' x 24' boatlifts. The fixed finger piers would be installed waterward of the proposed gazebo and would run perpendicular to the shoreline (with exception of the main 6' x 52' "spine "). Access to the finger piers would be provided by two, 2' x 5' wide catwalks, located on either side of the gazebo. A 6' x 52' fixed "spine" would run parallel to the shoreline and connect the three remaining pier sections. As designed, two 6' x 24' fixed finger pier would be installed at opposite ends of the main spine, and one 6' x 20' floating section would be located in the center of the spine. A single 17' x 24' boatlift would be installed at each end of the docking facility, along the outer edge of the southern and northern most finger piers. According to the application package, water depths in the vicinity of the proposed docking average approximately -4.0', relative to the Mean Low Water level. William and Sonya Edens Page 3 As planned, the applicant's proposal would extend within 20' of the near shore edge of the Federally maintained Channel, within' /4 of the width of the waterbody. Based on the work plan drawings, the applicant's proposal is located outside of the 15' riparian corridor setback of both adjoining property owners. As a result, the applicant did not require a waiver from neither neighbor for the proposed development. 10. ANTICIPATED IMPACTS The proposed four (4) slip docking facility would result in the creation of six (6) slips when combined with the existing 6' x 16' floating dock. New development would result in the incorporation of approximately 1,996 square feet of Estuarine Waters and Pubic Trust Area. Although no SAV was observed within the project area, site conditions did not permit a conclusive determination as to whether there would be any impacts to SAV (due to limited visibility resulting from turbulent and stained water). The proposed development would be located outside of the 15' riparian corridor setbacks on both sides, would be constructed within' /4 of the width of the waterbody and outside of the federal channel setback. Submitted by: Jason Dail Date: 4/29/2013 Office: Wilmington Protect Narrative Randall & Sonya Edens (owners) wish to extend an existing dock located at 257 Howards Lane, Hampstead, Forest Sound Subdivision, Pender County. The existing dock was permitted in 2006 and constructed. Access to the waterway is limited by an existing dock located to the north of the owner's property. The request is to construct additional pier to access the waterway, along with a 20'x20' covered platform, boatslips and floating dock as shown on site plan. RECEIVED DC 'Ali !fir W10 ION: NC APR 2 2 c l i? NOW NPUCATIONUr Nalorlenlopmenthmn (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name William MI R Last Name Edens Agent/ Contractor 2: First Name Applicant 2: First Name Sonya MI B Last Name Edens If additional applicants, please attach an additional page(s) with names listed. City Mailing Address 257 Howards Lane PO Box City Hampstead Phone No. 1 - State NC ZIP 28443 Country USA Phone No. 910-619-1737 ext. FAX No. 910 - 270 - 9592 Street Address (d different from above) City State State ZIP Email sonya@rscengineedng.com 2. AgenbContractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext FAX No. Contractor # Street Address (if different from above) City State ZIP Email DCN1 Wit ^ . uv, SIC <Form continues on back> 4P. r�; ? -ZUi3 252. 808 -2808 :: 1- 888- 4RCOAST :: www.ncc®ustarlmanagement.net Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pender 257 Howards Lane n/a Subdivision Name City State Zip Forest Sound Hampstead NC 28443- Phone No Lot No. (s) (d many, attach additional page with list) 910 -619 -1737 ext. 4,4A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Topsail Sound 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 Topsail Sound 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. (04 P 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 155' 108,846 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 108,846, 1 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 9 ®NHW or ❑NWL e. Vegetation on tract Lawn grass and ornamental landscaping f. Man -made features and uses now on tract Residential home with existing pier and dock g. Identify and describe the existing land uses ad*acent to the proposed project site. Vacant lot to the north, residential hom to the south h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? RP - Residential Performance (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa 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 ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? 'r i t-- k-., �' i V i 3J <Fonn continues on next page> DCM NC APP ' 3 x/613 252 - 808 -2808 — 1- 888- 4RCOAST — www.nccoastaI.-nanagement. net 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. Private septic system o. Describe existing drinking water supply source. Private well p Describe existing storm water management or treatment systems Swales 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private /Community b. Give a brief description of purpose, use, and daily operations of the project when complete. -- Boat docking and water access 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. Typical marine construction d. List all development activities you propose. Construct pier, floating dock and boat lift e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? None ❑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 oft h. Describe location and type of existing and proposed discharges to waters of the state. N/A 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. <Form continues on back> ODD W0 1,,i' i '+ t�l1l, NC APR `� ci1i3 252 - 808 -2808 .. 1- 888- 4RCOAST :. www.necoastaImanagement.net Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addidonallnformadon 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) — (f) 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 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. Name Hiram Williams Phone No. 910-020-0695 Address 825 South Green Tee Road, Hampstead, NC 28443 Name Darrell & Sally Markovitch Phone No. 910 - 270 -7029 Address 285 Howards Lane, Hampstead, NC 28443 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. CAMA General Permit, Permit# 39883, issued 5119/06 - original Dredge & Fill Permit, Permit# 57433, issued 10124/11 - dredge pier & dock access channel for maintenance 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.0 G.S. I I 3 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. 1 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 4/1/13 Print Name Sonya Edens 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 ®DCM MP-4 Structures Information -M 252 -808 -2808 .. 1- 888- 4RCOAST .. www- necoastal management. 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 FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ®Private /Community c. (r) Dock(s) and /or pier(s) (ii) Number 1 (iii) Length 370' (iv) Width 6' (v) Floating []Yes ®No e (i) Are Platforms included? ®Yes []No If yes: (ii) Number 1 (iii) Length 20 (iv) Width 20 (v) Floating ❑Yes ®No Note, Roofed areas are calculated from d►ipline dimensions. g (i) Number of slips proposed 4 (ii) Number of slips existing 2 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 []Other; please describe: k. Typical boat length: 26 m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of be pilings? 4 ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger If yes. (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes []No 4 52'. 24'. 24'. 20' 61. 6'. 61. 6' ®Yes ®No f. (i) Are Boatlifts Included? ®Yes []No If yes: (ii) Number 2 (iii) Length 24 (iv) Width 17 h. Check all 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: ❑ Dry 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, sad boats, mixed types). Open runabout I (i) Will the facility be open to the general public? []Yes ®No R i _ DUCNII INC APR f ? ,U 13 252 - 808 -2808 :: 1- 888-4RCOAST :: www.nccoastaimanagLement.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 2 of 4) - 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 ❑ Boatholdmg 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? I If this project is an expansion of an existing marina, what types of services are currently provided? r_-_ "D — D m. Is the marinaidoc king facility proposed within a primary or secondary nursery area? DC M NC ❑Yes ❑No APR S [U'6 252- 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastaimanagement.net revised: 12127106 Form DCM MP -4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No 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 []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 ❑Public/Govemment ❑Private /Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripbne 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 & MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublictGovemment ❑Private /Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM ,M! V,,�JGTQN, NC APR 3 LUO 252-808-2808:: 1- 888- 4RCOAST :: www.necoastalmanagement.net revised: 12127/06 Form DCM MP -4 (Structures, Page 4 of 4) a Proximity of structure(s) to adjacent riparian property lines Note* For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 660 feet e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (u) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 250 feet d. Water depth at waterward end of structure at NLW or NWL 4 feet & OTHER ®This section not applicable a. Give complete description: 4/16/13 Date 257 Howards Lane Project Name Sonya Edens licant Name ApplicA Signature f�- 3E VE03 -��v__I � -jam DCM NC 'APR 21 q Lui3 252 - 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 4 • • , . Al w, a f C h o � 11 l� r � L �1 l•I U pciiJ611 3 �or�L�a .c�ev1S gcavyy,!end, Ni X4.43 A -pr 1 3, upd(Fcd ioil21,21)13 co' jhee{— 1 of Ex�tiii►� caHa� � �� r ty(,L bf �t Y W ! S f RECEIVED a DCM WILMINGTON, NC APR 924 A 13 L � r\ !qJ C, {`rn i�lY Irir► (11JV1- f �CP �ni�l - 2J ', 6 t`tRif. jrirf (flar,jln�� l �r '�.. • Tyr tai1,„95 v "� 'j— t MHW ,y M(AV - -k ;X51' ML-W �R�1 Exicl�i�� p1tY .., � VYttlrc�� Iav�G INr�t l� j sally Marvvvitr �, — r_ ^L � 295 ti,)WaY:1h Lv%, i NLii'U ^ L Hv r,, p*,-,4 d , w 2e443 r� i'tivan, Willielm5 � I� 82S C�rrrti7l'Ct 121. `� No,�pst %tr,f Nc 21443 w.kt •f • 20 � 3 US ACOE Set kiiacr, t { DCI'± M i,,iGT0N. NC APR ? ) A-13 CQdt',ln _ it jL x+ �,e��•uu Vcr wo ONampslaad � /ie �q° cq o ' pram Taws -6 O b �Ll4Cr. 4R J C1 f C. ^• 1 fi