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HomeMy WebLinkAbout20141025 Ver 1_CAMA Permit Application_20140924�a a September 23, 2014 D ,� Division of Coastal Management SEP 2 MEMORANDUM. 4 2014 DENR . wgrER TO: Karen Higgins 4p' R $u> FAR Rn�nRCEs 401 Oversight rfnlc DEMLR - Surface Water Protection FROM. Jonathan Howell, NC DENR -DCM Assistant Mayor Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT. CAMA Application Review Applicant: Surf City Crab, Inc. c% Adrian Kugatow Project Location: 512 Roland Ave, adjacent to Yow's Channel & Stump Sound in Sun` City, Pender Co. Proposed Project: Construction of a 7 -slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 16, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796 -7221 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 N C Division of Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 Phone 910 - 796 -7215 \ FAX 910 - 395 -3964 Internet www nccoastal management net An Equal Opportunity \ Affirmative Action Employer DIVISION OF COASTAL. MANAGEMENT FIELD INVESTIGA'T'ION REPORT 1. APPLICANT'S NAME Surf City Crab, Inc. 2. LOCATION OF PROJECT SITE: 512 Roland Avenue, adjacent to Yow's Channel and Stump Sound, in Surf City, Pender County Photo Index - 2006 25 -6582, N 17 -18 2000- 25 -330, J 7 -8 1995- 25 -313, J -4 State Plane Coordinates - X. 2438115 Y.250796 Rover File: N- 091813A Lat. 34 025'45.74" Long 77 °32'49 27" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/18/14 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — Completed on September 22, 2014 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Surf City Land Classification From LUP — Developed, Urban Waterfront/Central Business District (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Municipal water and sewer Planned - N/A (E) Type of Structures: Existing — Parking area and rip -rap along shoreline Planned - Install a seven (7) slip docking facility. (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Coastal (B) Non - Vegetated Wetlands (Open water) 2,460 sq ft - Fixed "spme" and finger piers (C) Other - High ground (D) Total Area Disturbed: 2,460 sq ft (0.57 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open- Closed 8. PROJECT SUMMARY: The applicant proposes to install a seven (7) slip docking facility Surf City Crab, Inc. Page Two Date: September 23, 2014 The applicant's property is located at 512 Roland Avenue (NC Highway 50), approximately 0.2 miles beyond the Surf City swing bridge, in Surf City, Pender County. To find the property, take Highway 17 North from Wilmington and turn right on N.C. State Highway 50 (approximately 30 miles from Wilmington). Head east on Hwy 50 and cross over the Surf City swing bridge (turns into Roland Avenue). The property will be located on the left hand side of the road, between Max's Pizza and Hardee's. The high ground portion of the property is mostly cleared of vegetation and is relatively flat with an approximate elevation of 6.0' to 8.0' above Mean High Water (MHV). A gravel parking area comprises most of the site, but there are some small vegetated areas throughout. A few Southern Wax Myrtles (Merica cerifera) and Yaupons (Ilex vomitoria) exist on the water ward side of the property (bordering Yow's Channel), but no other shrub or woody vegetation exist otherwise. The property has approximately 103 linear feet of shoreline, which is naturally vegetated, but contains a fair amount of rubble and old concrete (rip -rap). The limited high ground vegetation is bordered by transitional species including Sea Oxeye (Borrichia frutescens) and Grounsel- bush (Baccharus halimifolia) Coastal marsh vegetation including Spike Grass (Distichlis spicata) and Sea Lavender (Limonium, spp , exist in the inter -tidal zone and Salt Meadow Grass (Spartina patens) completes the transition to the waters edge where Smooth Cordgrass (Spartina alterniflora) is the predominant species. The area of Coastal Wetlands bordering the property, along the northern side, measures approximately 20' -25' in width. The project site is bordered to the west by Century 21 Action Properties, to the east by Surf City Crab, to the north by Yow's Channel and to the south by Roland Avenue (NC Highway 50). According to the Surf City Land Use Plan, the project site is located within an Urban Waterfront in the Town's Central Business District. The waters of Yow's Channel and Stump Sound, 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 N.0 Division of Marine Fisheries, and according to maps provided by the Shellfish Sanitation Section, they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: As designed, the applicant proposes to install a 6' x 30' access pier, 6' x 82' floating dock (spine) and four, 4' x 16' finger piers. According to the application package, the applicant would construct a 6' x 30' access pier from the central point of the property bordering Yow's Channel The pier would originate from high ground and would extend approximately 30' toward the north, spanning a 20' -25' section of Coastal Wetlands before crossing any open water areas. At its terminus, the access pier would connect to a 4' x 16' ramp which would connect to the proposed 6' x 82' floating dock "spine ". The spine would run parallel to the shoreline, and would be positioned approximately 25' -35' beyond the outer edge of marsh. Four, 4' x 16' floating finger piers would connect to the spine and would also span toward the north, providing dockage for up to seven (7) vessels (see Sheet 2 of 3 for layout of finger piers). As proposed, the docking facility would extend beyond the established pier -head line ( *in this case the pier -head Rule restriction would not apply b/c the proposed pier structure is <100 feet), but would be located within 1/4 of the width of the water body. In addition, the proposed structures would be located outside of the adjacent channel (defined maintained dredged channel). The width of the water body (as measured from outer edge of marsh on one bank to the opposing edge of marsh on the opposite bank, and in the vicinity of the proposed structure) measures approximately 207' to 240', per the applicant's drawings. Surf City Crab, Inc. Page Two Date: September 23, 2014 The variation in the width of the water body is due to an indention in the shoreline in the immediate vicinity of the proposed access pier. The placement of the proposed structure(s) indicates that the adjacent 15' riparian corridor setback would be maintained to the west, but would result in an encroachment (up to and possibly within 6' of the riparian corridor line) to the east. As a result, the applicant has obtained a waiver from the property owner to the east, allowing the encroachment (see waiver form). Water depths surrounding the proposed structure(s) range from -2.0' to -8.0', relative to the Normal Low Water (NLW) contour. 10. ANTICIPA'T'ED IMPACTS As proposed, the planned development would incorporate approximately 2,460 sq. ft. of Public Trust and Estuarine Waters. The applicant has approximately 103 linear feet of shoreline allowing up to 824 sq. ft. of platform or docking space. As constructed, the total square footage of the planned pier /dock would equal 748 sq. ft. As designed, no impacts to Coastal or "404" wetlands would occur as a result of construction. Also and as previously indicated, the planned development would be located within 1/4 of the width of the waterbody and outside of the adjacent defined maintained channel limits. As stated in the proposed project section, the applicant has received a written waiver from the adjacent riparian property owner to the east, allowing encroachment into the 15' Riparian Corridor Setback. Short term increases in turbidity could be expected due to piling installation. Submitted by: J. Dail Date September 23, 2014 Office. Wilmington Surf City Crab - Project Narrative The property owner is proposing to install a 7 -slip floating dock (with a 6' x 82' platform running parallel to the existing channel with four 3'x24' finger pies and 4 mooring piles). The applicant proposes to access the floating dock with a 6' x 30' access pier with a 4' x 16' aluminum ramp. The project is located at 512 Roland Ave. Surf City, see plans for details. 'fi Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1.- Primary Applicant/ Landowner Information Business Name Surf City Crab, Inc Project Name (if applicable) Applicant 1 First Name Adrian MI Last Name Kugatow Applicant 2 First Name MI Last Name Jon If additional applicants, please attach an additional page(s) with names listed Giles Mailing Address PO Box 2459 City Surf City State NC ZIP 28445 Country Pender Phone No 910 - 328 - 5004 ext State FAX No - Street Address (if different from above) 512 Roland Ave City Surf City State NC NC ZIP 28445- Email Phone No 1 2. 1 Agent/Contractor Information Business Name J Giles Cadd And Consulting Agent/ Contractor 1 First Name MI Last Name Jon w Giles Agent/ Contractor 2 First Name MI Last Name Mailing AddressPO Box City State 19 Creekstone Lane Castle Hayne NC ZIP Phone No 1 Phone No 2 28429 910 - 620 - 1560 ext ext FAX No Contractor # Street Address (if different from above) City State ZIP Email )giles28469 @hotmad com RECEIVED <Form continues on back> 5 2014 � � 1 G03- a13 r,9 , s33 9, - C 0 A 9 T ,,vr r> n,,z0—gs;_ 1M fl. I gcrn� 1t 0 Q< 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 512 Roland Ave NC50 Subdivision Name City State Zip Surf Clty NC 28445- Phone No. Lot No (s) (,f many, attach additional page with list) 910 —328 - 5004 ext , I , , a In which NC river basin is the project locatedl b Name of body of water nearest to proposed project Cape Fear Un -named channel to AIWW 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 AIWW (Topsail Sound) e Is proposed work within city limits or planning junsdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes E) No work falls within Surf City 4. Site Description a Total length of shoreline on the tract (1t) b Size of entire tract (sq ft ) 103' 65,192 sqft, aproximately 27,000 sqft above NHW c Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot saes, please attach additional page with a list) 4 ®NHW or ❑ NW L e Vegetation on tract grasses, bays, and spartlna alterniflora f Man -made features and uses now on tract vinyl bulkhead and gravel parking lot g Identify and describe the existing land uses adiacent to the proposed project site. fish house and restaurant to the east, real estate business to the west, retail to the south h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? C1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA I Is the proposed activity part of an urban waterfront 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 (DNA National Register listed or eligible property? r 16 2014 <Form continues on next page> ?5 7'. {t D;r; 3.? a� .. 1 .888- ARCGAS'T .. �,r wr,:. n C C etas t a l ni a; ;Ig e1n ent net �:J 9'h.inna � w Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the site'? ®Yes ❑No (u) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (u) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n Describe existing wastewater treatment facilities municiple sewer o Describe existing drinking water supply source municiple water p Describe existing storm water management or treatment systems sheet flow 5. Activities and Impacts -- - a Will the protect be for commercial, public, or private use? ®Commercial ❑Public /Government ❑ Private /Community b Give a brief description of purpose, use, and daily operations of the protect when complete boat slips 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 techniques, d List all development activities you propose construct floating dock with 7 slips e Are the proposed activities maintenance of an existing protect, new work, or both? new work f What is the approximate total disturbed land area resulting from the proposed protect? 27000 ®Sq Ft or ❑Acres g Will the proposed protect encroach on any public easement, public accessway or other area ❑Yes ®No DNA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state sheetflow i Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No DNA 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 <Form continues on back> 1.1�= U1IV�--.a...A DON", VVIUVI NGTON, NC SEP i a 2014 ,-2 Z0F3 2808 '1=2,83 M 'C0 A5 T wiwvt ncc*-)a3tnIn,:,nan�-ir7, n t n, c Form DCM MP -1 (Page 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)-, (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 Anan Kugatow - Phone No l Address 108 Cottage Walk, Hampstead, NC, 28443- _ Name Action Properties Phone No Address 518 Roland Ave, Surf City, NC 28443 Naine.BNE= Restaurant Group I,'LL'C- - - Phone No Address C/O Rash and Associates, P O Box 260888, Plano Tx,- 75026 - 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 Permissionao Enter bn 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 i Date �� ' ° ' `� Print Name °� & i ��-� mar Signature Please Indicate application attachments pertaining to your proposed project ❑DCM MP -2 Excavation and FIII Information ❑DCM MP -5 Bridges and Culverts %DCM MP -3 Upland Development ®DCM MP -4 Structures Information RECEIVED DCM WILMINGTON, NC SEP it 5 2014 252 -x303 -2808 1-508.4RC0AST v; ;;n;,N: c- ons1n3nany g_m- an,'.n� Form DCM MP -4 (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. ;FDOCKING FACILITYIMARINA CHARACTERISTICS ❑This section notapp'licable a (i) Is the docking facility /marina b (i) Will the facility be open to the general public? ®Commercial ❑Public /Government ❑Private /Community ❑Yes ®No c (i) Dock(s) and /or pier(s) d (Q Are Finger Piers included? ®Yes ❑No (n) Number 1 If yes (m) Length 30' , 16' (n) Number 4 (iv) Width 6' , 4' (m) Length 3' (v) Floating ❑Yes ®No (iv) Width 24' (v) Floating ❑Yes ❑No e (i) Are Platforms included? ®Yes ❑No f (i) Are Boatlifts included? []Yes ®No If yes If yes (n) Number 1 (n) Number (m) Length 82' (m) Length (iv) Width 6' (iv) Width (v) Floating ®Yes []No Note Roofed areas are calculated from drnpline dimensions g (Q Number of slips proposed h Check all the types of services to be provided 7 ❑ Full service, including travel lift and /or rail, repair or (u) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies 0 ❑ Dockage ( "wet slips ") only, number of slips ❑ Dry storage, number of boats ❑ Boat ramp(s), number of boat ramps ® Other, please describe none i Check the proposed type of siting 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 open runabouts ®Open water, no dredging required ❑Other, please describe k Typical boat length 30' 1 (1) Will the facility be open to the general public? ❑Yes ®No m (i) Will the facility have tie pilings? RECEIVED ❑Yes ®No DCM WILMINGTON, NC (n) If yes number of tie pilings? S 1 5 2014 252430 2-80f-" .1, 1-283 -2-R nA--T { tr` ilvw, nrC :- .)a!Aadiif')c061A- g,ei- riefit ne'1 7- vvl--�, cd; 12 /2sl06 o,rnn 'Sd CMI b'+i'i' 4 rgazi �-' 2 A, u,) 2. DOCKING FACILITYl-MARINA OPERATIONS ®This section not'applicable a b Check each of the following sanitary facilities that will be included in the proposed protect ❑ Office Toilets ❑ Toilets for patrons, Number , Location ❑ Showers ❑ Boatholding tank pumpout, Give type and location 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 (Q Give the location and number of "No Sewage Discharge" signs proposed (n) 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 i Give the number of channel markers and "No Wake" signs proposed Give the location of fuel - handling facilities, and describe the safety measures planned to protect area water quality I 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 marinaldocking facility proposed within a primary or secondary nursery area? []Yes ❑No DCM WILMINGTON, NO SEP 1 .5 20`14 252 -808 2808 :. -1- 888- 4RCOAS7 revised -, 12,27106 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 (SIB), 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 Oncludmg covered lifts) - ® This 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, sheetpile,'etc if a rock gran, use MP -2, Excavation and Fill) ®This section not applicable a (i) Number (u) Length (m) 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) b Number ❑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 X GENERAL d Description of buoy (color, inscription, size, anchor, etc ) RECEIVED 7CM WILMiNGTON, NC S E P 1 5 2014 252 -SCS 808 , 1 886 -0iCO T iegi(.,reL', 121,`:7;';,6 F o ;v-8 0-C&a :iliiFI -y P-auss A :-7 4) a Proximity of structure(s) to adjacent riparian property lines b Proximity of structure(s) to adjacent docking facilities 15' to NW side and 6' to SE 35' to NW and 12' to SE Note, For buoy or mooring piling, use arc of swing including length of vessel c Width of water body varies 207' to 240' e (i) Will navigational aids be required as a result of the project) []Yes []No ®NA (n) If yes, explain what type and how they will be implemented d Water depth at waterward end of structure at NLW or NWL 6' to 8' 8. OTHER ®This section not applicable a Give complete description. C�'1to-ZoIq Date / ,LL !�p'. (0t^-•) -- Ste! t Gr� Project Name } ( / ,o�J .5 � C� MIcant Name a`^- tom— Applicant Signature w� IEP i 6 20ib, o� �6'y.Fii3zt >43f." .. ?- t3t3i;• 1 ✓E3 5 [' .: vtalw._aasaast ,t >at es.itj a,ca: nt.rc�t rnvinedl- 12r27106 1 �� y rear \ Co y- \ \ o � r O ,o a � d 0 i x D D n CO L O C a� r o G7 Z � om �� M C M cn CD Ma o� d r x b xx z n CD r 0 H a ,,D 0 o � i y / o \o �r M4A �\ Aoor-1 0 VIE, AN i i CW r a d O to", ---- 9 i M � _ 0 \ SCALE: SHEET. TITEE: J FOR. D_00% DETAIL WI WATER DEPTHS 1 "= 30' 2 OF 3 in Surf City Crab 510 ROLAND AVE DATE. DRAWN BY. z SURF CITY, N.C. September 10, 2014 J. W. GILES z r x xx I f I xx, L a a y y 0 � a i CW r a d O to", ---- 9 i M � _ 0 \ SCALE: SHEET. TITEE: J FOR. D_00% DETAIL WI WATER DEPTHS 1 "= 30' 2 OF 3 in Surf City Crab 510 ROLAND AVE DATE. DRAWN BY. z SURF CITY, N.C. September 10, 2014 J. W. 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