HomeMy WebLinkAbout20131234 Ver 1_CAMA Permit Application_20131127NCDENR
North Carolina Department of Environment and Natura
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
November 22, 2013
MEMORANDUM:
TO: Karen Higgins
401 Oversight
DEMLR - Surface Water Protection
n 1 3?^ 3 4
Resources
John E. Skvarla, III
Secretary
FROM: Doug Huggett, NC DENR -DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09)
SUBJECT: CAMA Permit Application Review
Applicant: Richard L. Mitchell
Project Location: 1761 Kings Landing Rd., adjacent to Topsail Sound / AIWW, in Hampstead,
Pender County
Proposed Project: to expand the existing docking facility by the addition of two boat lifts
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Dow Hugggett at the address above by December 18, 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:
SIGNED
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.
DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910 - 796 -72151 FAX: 910 - 395 -3964 Internet: www. nccoastal management, net
An Equal Opportunity Affirmative Action Employer
F�j 2 7 2013 e acrd _. �AL1Ty
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME Richard Mitchell
2 LOCATION OF PROJECT SITE The property is located at 1761 Kings Landing Road, adjacent to the AIWW
and Topsail Sound, in Hampstead, Pender County
Photo Index -2006 26 -6635, R -S, 9 2000: 26 -399, R 8 -9 1995: 26 -321, T -U, 9
State Plane Coordinates - X 1507003 Y 2969341 GPS File: RI 11215A
Lat: 34 °22'05 44 "N Long: 77 °39'37 99 "W
3 INVESTIGATION TYPE CAMA
4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 11/12/13
Was Applicant Present — No
5 PROCESSING PROCEDURE Application Received — Completed on 11/12/13
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
(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 — 13' x 13' boatlift and 4' x 6' skiff lift
(G) Estimated Annual Rate of Erosion N/A Source - N/A
7. HABITAT DESCRIPTION
[AREA]
nR FnCTFD FILLED OTHER
(A) Vegetated Wetlands
(B) Non - Vegetated Wetlands - open water
193 sq.
ft.
(C) Other (Highground)
(D) Total Area Disturbed 169 sq ft
(E) Primary Nursery Area No
(F) Water Classification SA -ORW Open: Yes
8. PROJECT SUMMARY The applicant proposes to expand the previously approved docking facility by
installing two additional boat lifts
Richard Mitchell
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 1761 Kings Landing Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in
Topsail Sound, 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 130 miles and turn left onto Kings Landing Road Follow Kings Landing Road for approximately 0 25
miles and the subject property will be located on the right hand side of the road, at house number 1761
The subject property is approximately 0 50 acres and existing man -made features on the tract include a single- family
residence, dilapidated retaining wall (asbestos) and a two (2) slip docking facility The high ground portion is elevated
approximately 10 -12 feet above the Normal High Water (NHW) level Vegetation on the tract consists primarily of lawn
grasses and ornamental landscaping There is an area of Coastal Wetlands that border the subject property to the east The
Coastal Wetlands species located in this area include Spikegrass (Distichhs spicata), Salt Meadow Hay (SDartzna patens),
Glasswort (Sahcornia) and Smooth Cordgrass (Spartma Altermflora) The property has approximately 115 linear feet of
shoreline, most of which is naturally stabilized Residential properties border the site to the north, south and west and the
AIWW borders the site to the east
The applicant received a CAMA General Permit (No 60611) on July 11, 2012, which authorized construction of an
access pier, covered gazebo, floating dock and boat lift All work associated with the previously approved docking facility
has been completed to date
The waters of the AIWW and Topsail Sound (adjacent to the project site) are classified as SA -ORW by the North
Carolina Division of Water Quality They ARE NOT designated as a Primary Nursery Area (PNA) by the North
Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish
PROPOSED PROJECT:
The applicant proposes to construct a new 13' x 13' boatlift along the southern side of the existing platform In addition,
the applicant is proposing to install a 4' x 6' skiff lift, along the inland side of the covered gazebo The skiff lift would be
affixed to the existing pier and would be a pile supported structure Water depths in this area range from -3 0' to -5 0',
relative to NLW
As proposed, the new lifts would be located within ' /a of the width of the waterbody, as well as within the existing pier -
head line In addition, the proposed lifts would be located landward of the edge of the federally maintained channel The
proposed docking facility would NOT extend into either of the adjacent 15' riparian corridor setbacks, therefore no
waivers are required As proposed, the docking facility would provide dockage for up to four (4) vessels
10. ANTICIPATED VdPACTS
As proposed, the planned development would incorporate approximately 193 sq ft of Public Trust Waters The applicant
has approximately 115 linear feet of shoreline allowing up to 920 sq ft of platform or docking space As constructed, the
total square footage of the existing facility (platform and floating dock) equals approximately 253 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 and within 1/4 of the width of the waterbody Short term
increases in turbidity could be expected due to piling installation
Submitted by J Dail Date November 21, 2013 Office Wilmington
Rem NP4
APPLICATION for
Major Development Permit
(last revised 12127106)
P-07411- :
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Last Name
Clements Marine Construction Inc,
Applicant 1 First Name
MI
Mitchell
Agent/ Contractor 1 First Name
Richard
L
Mark
Applicant 2 First Name
MI
Last Name
Agent/ Contractor 2 First Name
If additional applicants, please attach an additional pages) with names listed
Last Name
Mailing Address
PO Box
City
State
1761 Kings Landing Rd
State
Hampstead
nc
ZIP
Country
Phone No
ZIP
FAX No
28443
pender
910-512-1206
ext
- -
Street Address (if different from above)
City
State
ZIP
Contractor #
Hampstead
NC
28443 -
Email
newnverpottery@ec rr com
City
2. Agent/Contractor Information
Business Name
Clements Marine Construction Inc,
Agent/ Contractor 1 First Name
MI
Last Name
Mark
H
Clements
Agent/ Contractor 2 First Name
MI
Last Name
Mailing Address
PO Box
City
State
112 Circle Drive
Hampstead
NC
ZIP
Phone No 1
Phone No 2
28443
910 -620- 9110
ext
910 - 270 - 9110 ext
FAX No
Contractor #
same
Street Address (if different from above)
City
State
ZIP
Email
clementsmanneco @bellsouth net
R C�tif�
IDCM 4 "�1Liv��;vu
<Form continues on back>
292 - 808 -2808 ,. I 888- 4RCOAST ., www.rsccaastaImanagement.net
Form DCM MP -1 (Page 3 of 5)
APPLICATION for,
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd #
Pender
1761 Kings Landing Rd
US HWY 17
Subdivision Name
City
State
Zip
Kmgslanding
Hampstead
NC
28443-
Phone No
Lot No (s) (if many, attach additional page with list)
910 - 512 -1206 ext
1, I I ,
a In which NC river basin is the project located?
b Name of body of water nearest to proposed project
CApe, - a,—
AICW
c Is the water body identified in (b) above, natural or manmade?
d Name the closest mayor water body to the proposed project site
®Natural ❑Manmade ❑Unknown
AICW
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
Hampstead
4. Site Description
a
Total length of shoreline on the tract (ft)
b Size of entire tract (sq ft.)
115'
27025 sq ft
c
Size of individual lot(s)
d Approximate elevation of tract above NHW (normal high water) or
115'x235', I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
15' ®NHW or ❑NWL
e
Vegetation on tract
lawn grass some oak trees
f
Man -made features and uses now on tract
private home and pier
g
Identify and describe the existing land uses adjacent to the proposed project site
private residential homes
h
How does local government zone the tract?
i Is the proposed project consistent with the applicable zoning?
r -20
(Attach zoning compliance cerhficate, 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 it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page> i , L =''-` E' 'V L D
DCM WILMINGTON, NC
NOV 12 20131
252 - 888 -2808 .. 1- 888- 4RCOAST . w w.nccoastaImanagement.net
. Form DCM MP -1 (Page 4 of 5)
APPLICATION for
Mayor 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
septic
o Describe existing drinking water supply source
well and or county
p Describe existing storm water management or treatment systems
n/a
5. Activities and Impacts
a Will the project be for commercial, public, or private use?
❑Commercial ❑PublictGovemment
®Pnvate/Community
b Give a brief description of purpose, use, and daily operations of the project when complete
adding a new boat lift to existing dock for owners new boat
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
We will install 4 pilings on the side of the end deck with a pile setting barge and Install the new boatllft no equipment will be
stored, this procees will only take a day to Install
d List all development activities you propose
Install a new boatllft
e Are the proposed activities maintenance of an existing project, new work, or both2
new
f What is the approximate total disturbed land area resulting from the proposed project?
®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
I Is there any mitigation proposed?
❑Yes []No ❑NA
If yes, attach a mitigation proposal
t- n k- t-" � t v L.- R-.
<Form continues on back> [)CM VVILMIINCaJON, PAC
NOV ! 2 2013
-52- 806 -2808 .. 1- 888- 4RCOAST .. wwrw- niccoastarlmanageeteenf =area
Form DCM MP -1 (Page 5 of 5)
APPLICATION for.
Major Development Permit
6. Additiona/Information
In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in older for the application
package to be complete Items (a) — (f) are always applicable to any mayor development application Please consult the applicabon
instruction booklet on how to property prepare the requned 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 mad 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 Charles White Phone No
Address po box 416 burgaw nc 28425
Name Durwood Bradshaw Phone No
Address 1777 kingslanding rd 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
h Signed consultant or agent authorization form, d applicable
i Wetland delineation, if necessary
I 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 10/30/2013 Print Name Mark Clements
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
DCNII WILMINGTON, NC
NOV 1 2 2013
252 - 808 -2808 .. 1- 888- 4RCOAST .. www.necoastaimanagement.net
Form ®CAA 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 /manna
[]Commercial ❑PubliGGovemment ®Pnvate/Commundy
❑This section not applicable
b (r) Will the facility be open to the general public?
❑Yes ®No
c (r) Dock(s) and /or pier(s)
d (i) Are Finger Piers included? []Yes ®No
(n) Number
If yes
(iii) Length
(n) Number
(iv) Width
(w) Length
(v) Floating ❑Yes ®No
(iv) Width
(v) Floating ❑Yes ❑No
e (i) Are Platforms included? ❑Yes ®No
f (i) Are Boatlifts included? ®Yes ❑No
If yes
If yes
(n) Number
(u) Number 2
(m) Length
(m) Length 13
(iv) Width
(iv) Width 13
(v) Floating ❑Yes ®No
Note Roofed areas are calculated from dnplme dimensions
g (i) Number of slips proposed
h Check all the types of services to be provided
4
❑ Full service, including travel lift and /or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
2
❑ Dockage ( wet slips ") only, number of slips
❑ Dry storage, number of boats
❑ Boat ramp(s), number of boat ramps
❑ Other, please describe
r Check the proposed type of siting t Describe the typical boats to be served (e g , open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types)
®Open water, dredging for basin and /or channel mixed
❑Open water, no dredging required
❑Other, please describe
k Typical boat length 25' 1 (r) Will the facility be open to the general public?
❑Yes ®No
m (Q Will the facility have tie pilings? E i V E D
[]Yes ®No
1DC,N11 krVILi��NC,TON, NC
(n) If yes number of tie pilings
NOV 1 2 213
252 - 808 -2808 — 1- 888- 4RCOAST e, www.nccoastallmanagement.net revised. 12127106
Forim 0C MP-4 (Sftuctures, 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
❑ 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
(u) 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
W`
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
What will be the manna 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?
RECEIVED
m Is the marina/docking facility proposed within a primary or secondary nursery area? D /M WILMINGTON, NC
❑Yes ❑No
No� 1 w 2013
252 -8 08 -2868 :; =9- 888- 4RCOAST -. www.necoastalmanagemeng.net revised-. 12/27106
' Ftz)r v 0CM MP-4 (Stiructures, 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
❑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) ®Th ►s section not applicable
a (i) Is the boathouse structure(s)
❑Commercial ❑Public/Government ❑Private /Community
(u) Number
(m) Length
(iv) Width
Note Roofed areas are calculated from dnpline dimensions
4. GROIN (e g, wood, sheetp►le, etc If a rock groin, use MP -2, Excavation and Fill) [D This section not applicable
a (i) Number
(u) Length
(w) Width
5, BREAKWATER (e g, wood, sheetp►le, etc) [D 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 ❑Public/Government ❑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 )
NOV 1 2 2013
252 - 808 -2808 ;_ 1- 888- 4RCOAS T ;: wwvi.nccoastal naginig 6eQ pnt.net eexilsed. 12/27106
Form DCM P -4 (Stir uctuaes3 Page 4 of 4)
a Proximity of structure(s) to adjacent riparian property lines
45' on south side and 30' on north
Note For buoy or mooring piling, use arc of swing including length
of vessel
c Width of water body
526'
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
60' south and 45' north
d Water depth at waterward end of structure at NLW or NWL
Vat nlw
18. OTHER El This section not applicable
a Give complete description
we wish to install a new boat lift and a single pole skiff lift to the existing dock that currently has two slips
10/30/2013
Date
Richard Mitchell
Project Name
mark clements
Applican m
Apph nt Signature
LIVED
DD1 \4 �NILN1INGTJN, NC
NOV 12 2013
252 -808 -2808 1- 888- 4RCOAST :: •,n ww.nccoastaimanagemeent.net revised: 12127/06
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