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HomeMy WebLinkAbout20150054 Ver 1_CAMA Application_201501152 0 1 5 0 0 5 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 14, 2015 MEMORANDUM TO Karen Higgins 401 Oversight DEMLR - Surface Water Protection JAN 1 5 2015 DENR - WATER RESOURCES 401 & BUFFER PERMITTING FROM Jonathan Howell, NC DENR -DCM Assistant Mayor Permits Coordinator 400 Commerce Ave, Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT CAMA Mayor Permit Application Review Applicant: Bob Yelton der Vaart Secretary Project Location: 117 White Heron Cove Rd, adjacent to Old Topsail Creek (locally know as Nixon Creek), in Hampstead, Pender County Proposed Project: to expand an existing private 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 February 7, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson (910) 796 -7425, 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 1 FAX 910 - 395 -3964 Internet www nccoastalmanagement net An Equal Opportunity 1 Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Bob Yeaton c/o Mark Clements 2 LOCATION OF PROJECT SITE Site is located at 117 White Heron Cove Road adjacent to Old Topsail Creek (locally known as Nixon Creek) in Hampstead, Pender County Photo Index — 2006: 27 -6599 S -7 2000: Not Available 1995: 26 -321 J -7 State Plane Coordinates - X 2401746 Y 228624 GPS —O 123012A (uncorrected) Lat: 34 122'14 45 "N Long: 77 040'07 28 "W 3 INVESTIGATION TYPE CAMA 4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 12/30/14 Was Applicant Present - No 5 PROCESSING PROCEDURE Application Received — 12/22/14 Office - Wilmington 6 SITE DESCRIPTION (A) Local Land Use Plan— Pender County Land Classification From LUP — Residential, Resource Protection (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, private pier and floating dock Planned- Install boatlift (G) Estimated Annual Rate of Erosion N/A 7 HABITAT DESCRIPTION [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ( §404) (B) Non - Vegetated Wetlands (Open Water) 169 sq ft (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed 169 sq ft (0 003 acres) (E) Primary Nursery Area No (F) Water Classification SA -HQW Open No 8 PROJECT SUMMARY The applicant proposes to install a boatlift expanding the existing docking facility to a private three (3) slip docking facility in Old Topsail Creek (Nixon Creek) Bob Yeaton Page 2 9 PROJECT DESCRIPTION The project site is located at 117 White Heron Cove Road, adjacent to Old Topsail Creek, in Pender County To locate this property travel north on US -17 for approximately 14 miles and turn right onto Country Club Road Travel approximately 0 7 miles to Olde Point Road and turn right Take the next right onto Olde Point Loop Road in approximately 1 1 miles White Heron Cove Road is the second right off of Old Point Loop Road The subject property will be on the left in approximately 0 2 miles Existing structures on the project site include a single family residence and private docking facility The project site is approximately 0 76 acres and is vegetated primarily with domestic grasses and ornamental landscaping The project site has approximately 242 feet of shoreline frontage along Old Topsail Creek The existing docking facility consists of an existing access pier that extends into Old Topsail Creek measuring approximately 28 ft in length by 6 ft in width An access ramp leads from the pier, to the west, onto a floating dock measuring approximately 50 ft in length by 6 ft in width running parallel to the shoreline A CAMA Permit was not found for the existing docking facility but according to aerial imagery it has been in place since at least 2003 and appears to be consistent with current regulations (See Sheet 1 of 2) The Pender County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Resource Protection The waters of Old Topsail Creek and the AIWW are classified SA -HQW by the Division of Water Quality They are NOT designated as a Primary Nursery Area (PNA) by the N C Division of Marine Fisheries and they are CLOSED to the harvest of shellfish PROPOSED PROJECT The applicant proposes to install a boatlift expanding the existing docking facility to a private three (3) slip docking facility in Old Topsail Creek (Nixon Creek) The applicant states that a boatlift, measuring 13 ft in length by 13 ft in width would be installed on the eastern side of the existing access pier The proposed new docking configuration would provide docking space for up to three (3) vessels within existing water depths ranging from approximately -2 0' to -4 0' at normal low water (NLW) (See Sheets 1 through 2 of 2) 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 169 sq ft of Estuarine Waters and Pubic Trust Area on the eastern side of the existing docking facility The proposed structure would extend approximately 28' into a waterbody, which measures approximately 120' across This distance would conform to both the % width rule and the established pier lengths The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement Minor increases in turbidity should be expected during construction Submitted by: Tara MacPherson Date: January 13, 2015 Office: Wilmington DC>M WILMINGTON, NC D E C 2 2 2014 -Narrative'` Bob Yeaton 12/11/2014 117 White Heron Cove Rd. Hampstead NC 28443 Dear Committee, We would like to install a boat lift at our dock so that we can get our boat out of the water when not in use. I understand that our current floating dock is acting as two slips and that we must make this application tole able to install the third slip we would like to have at this time. Thank'you for your help and understanding in this matter. APPLICATION for major Development hermit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1 First Name Bob MI Last Name Yeaton Applicant 2 First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed Mailing Address 117 White Heron Cove Rd PO Box City Hampstead State nc ZIP 28443 Country pender Phone No 910 - 512 - 5246 ext FAX No - - Street Address (if different from above) City State ZIP Email rlyeaton @yahoo com 2. Agent(C,ontractor 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 E a i <Form continues on back> DC;M WILMINGTON, N ' 0 1E C 2 2 2014 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 117 White Heron Cove Rd US HWY 17 Subdivision Name City State Zip olde point Hampstead NC 28443- Phone No Lot No (s) (if many, attach additional page with list) 910 - 620 - 9505 ext 1, , , , a in which NC river basin is the project located? b Name of body of water nearest to proposed project CA Fe 44r- AICW 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 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 h Hampstead 4. Site Description a Total length of shoreline on the tract (ft ) b Size of entire tract (sq ft ) 242' 32670 sq ft c Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or 0 76 acre NWL (normal water level) 15' NNHW or ❑NWL (If many lot sizes, please attach additional page with a list) 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 certificate, if applicable) ®Yes []No ❑NA I Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k Hasa professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes NNo ❑NA If yes, by whom? I is the proposed project located in a National Registered Historic District or does it involve a []Yes NNo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> ON WILMINGTON, NQ DEC 2 2 2014 252 - 808 -2808 ;, 1- 888- 4RCOAS T :- nt.net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the site? ❑Yes ONO (ii) Are there coastal wetlands on the site? ❑Yes ONO (iii) If yes to either (i) or (n) above, has a delineation been conducted? ❑Yes ONO (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. Activitiesand-Impacts a Will the project 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 project when complete to Install a new boatllft to keep the boat out of the water, private dock to access channel that leads to ICW c Describe the proposed construction methodology, types of construction equipment to be used during construction, then umber of each type of equipment and where it is to be stored To Install four pilings that will support an aluminum boat lift, equipment needed will consist of a small barge to Install pilings and boat IIft and hand tool to also Install the IIft no equipment will be stored on this site d List all development activities you propose Install new boatllft at existing dock e Are the proposed activities maintenance of an existing project, new work, or both? new f What is the approximate total disturbed land area resulting from the proposed project? none ❑Sq Ft or []Acres g Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONO ❑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 WIII wastewater or stormwater be discharged into a wetland? ❑Yes ONO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ❑NA j Is there any mitigation proposed? ❑Yes f&o ❑NA If yes, attach a mitigation proposal RECEIVED <Form continues on back> DCM WILMINGTON, NC DEC 2 2 2014 252 -801 281,18 !. 1_8s -4RC AST .. Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information 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 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 John Thompson - Phone No 910 - 264 -5220 Address 115 White Heron cove rd Hampstead NC 28443, Name Robert Reid Phone No 910 - 270 -1136 Address 119 White Heron Cove Rd Hampstead NC 28443 Name_ _ Phone No Add ress g A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates na h Signed consultant or agent authorization form, if 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 12/9 -2014 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 RECEIVED DCM WILMINGTON, NC DEC 2 2 2014 252- °06 -»08 1- 888- 4RCOASa .. www.nccoa�--.tagnsaanage .ne�-it'.net �� RES (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 9, DOCKING FACILITY /MARINA CHA, `RACTERISTICS ❑This section not applicable 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) (ii) Number (iii) Length (iv) Width (v) Floating []Yes ❑No e (i) Are Platforms included? ❑Yes ❑No If yes (n) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note Roofed areas are calculated from dnpline dimensions g (i) Number of slips proposed 3 (n) 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 25' m (i) Will the facility have tie pilings? ❑Yes ®No (n) If yes number of tie pilings? d (i) Are Finger Piers included? ❑Yes L@No If yes (n) Number (iii) Length (iv) Width (v) Floating []Yes []No f (i) Are Boatlifts included? ®Yes ❑No If yes (u) Number 1 (iii) Length 13 (iv) Width 13 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 amps ❑ Other, please describe Move,, j Describe the typical boats to be served (e g , open runabout, charter boats, sail boats, mixed types) mixed I (i) Will the facility be open to the general public? []Yes ®No RECEIVED DCM WILMINGTON, NC ID EC 2 2 2014 `fin is =, arts ;o '$- srSr3i4 -�'u � v� �� '•F'N° ; *,s'3• "w _iraiS �E3Tt �'°__s' M- C- _$_t,n_E..t_'L 5a vls -ed.� 12;27/06 Ffz mn DCM GPs (Sltrucftares, Page 2 --f 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? 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 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? RECEIVED m Is the marina /docking facility proposed within a primary or secondary nursery area? DCM N( ❑Yes ❑No WILMINGTON, DEC 2 2 2014 252 - 808 -2808 :: 1 -888-4 COAST rev§sesf; 2127/06 Form DVNA MP-4 'Siruetur-Ds, Page 3 off 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. BOA T.HOUSE-(including covered hfts) ®This section not applicable a (i) Is the boathouse structure(s) ❑Commercial ❑Public/Government ❑Private /Community (n) Number (w) Length (iv) Width Note Roofed areas are calculated from dnplme dimensions 4. GROIN (e.g , wood, sheetpde, etc If a rock groin, use MP -2, Excavation and Fill.) This section not applicable a (Q Number (u) Length (iii) Width 5. BREAKWATER (e g; wood, sheetpile, etc) This section not applicable a Length b Average distance from NHW, NWL, or wetlands c Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS [D 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 ) RECEIVED DCM WILMINGTON, NC DEC 2 2 2014 252- 3f'8=26i38 T. 1- 132t3 -4 R COAST re isesla /2/27106 Form DCM P- (sts mctu es. Page 4 of 4) a Proximity of structure(s) to adjacent riparian property lines 71'W 115' E Note For buoy or mooring piling, use arc of swing including length of vessel c Width of water body 100 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 8. OTHER, _ a Give complete description We are proposing to install a new boatlift at our property 12/11 /2014 - Date Bob Yeaton ProjectName mark elements - Applicant Name Applicant Signature' b Proximity of structure(s) to adjacent docking facilities 101' W 120' E d Water depth at waterward end of structure at NLW or NWL 3 2 NLW []This s'ectroh not applicable RECEIVED DCM WILMINGTON, NC DEC 2 2 2014 reviser. ' 2,,27,06 { al �I --)-AAofjA T-T� Exist � ►Kl�eac� Ye'aA o Boo - ot'( 046, iZ -i -r by: Mgt- :!kale— .. i "- +o' I I' 1 Z 1'E )\) E �er 1"J RECEIVED DCM WILMINGTON, NC DEC 222014 _gNn ,I / K FOUR I .5i o &- &t / RECEIVED DGM WILMINGTON, NC DEC 2 2 2014 o. Zo-f'Z n�e, P ca. RECEIVED DGM WILMINGTON, NC DEC 2 2 2014