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HomeMy WebLinkAbout20150159 Ver 1_CAMA Permit Application_20150206AmnA * 201 501 59 A�o NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 3, 2015 Division of Coastal Management MEMORANDUM TO Karen Higgins 401 Oversight DEMLR - Surface Water Protection Donald R van der Vaart Secretary FEB 0 §.p015 FROM Jonathan Howell, NC DENR -DCM Assistant Mayor Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT CAMA Application Review Applicant: Linda Larkins and Walter Klausmeier Project Location: 104 Blue Heron Ln , adjacent to Old Topsail Creek, in Hampstead, Pender County Proposed Project: to construct a pnvate 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 26, 2015. 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: 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 N C Division of Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 Phone 910 -796 -72151 FAX 910 - 395 -3964 Internet www nccoastalmana4ement net An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Linda Larkins and Walter Klausmeier 2 LOCATION OF PROJECT SITE Site is located at 104 Blue Heron Lane adjacent to Old Topsail Creek in Hampstead, Pender County Photo Index— 2006: 26 -6636, V -7 2000:26-338,C-17 1995:26-320,K-5 State Plane Coordinates - X 2398463 Y 225055 GPS — N- 100614A Lat: 34 021'43 86 "N Long: 77 040'48 25 "W 3 INVESTIGATION TYPE CAMA 4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 10/06/14 Was Applicant Present - Yes 5 PROCESSING PROCEDURE Application Received — Completed on 2/02/15 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 and derelict docking facility Planned- Demolish existing pier /dock and install new pier, platform, floating dock and 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) 712 sq ft (incorporated - platform) (C) Other - Highground disturbance (D) Total Area Disturbed 712 sq ft (0 01 acres) (E) Primary Nursery Area Yes (F) Water Classification SA Open No 8 PROJECT SUMMARY The applicant proposes to demolish the existing docking facility (un- usable) and construct a new 2 -slip docking facility along the eastern side of the property Linda Larkins and Walter Klausmeier Page 2 9 PROJECT DESCRIPTION The project site is located at 104 Blue Heron Lane, adjacent to Old Topsail Creek, in Pender County, NC To locate the property, travel north on US -17 for approximately 12 5 miles and turn right onto Forrest Sound Road Travel approximately 2 2 miles and turn left onto Blue Heron Lane Continue along Blue Heron Lane and bear right at the end The subject property will be located at the end of the road Existing structures on the project site include a single family residence and detached garage In addition, a dilapidated (un- usable) pier /platform extends from the eastern shoreline into Topsail Creek The pier /platform consists of old pilings and girders Currently, there is no access to the existing dock by way of a walkway The project site is approximately 10 68 acre and is vegetated primarily with native trees, domestic grasses and ornamental landscaping The project site has approximately 300 feet of shoreline frontage along Old Topsail Creek A fringe of marsh grass consisting of Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp ), and Smooth Marsh Cordgrass (Spartina alterniflora) exists along the eastern shoreline, spanning a distance of approximately 50' -100' (from the water's edge to the high ground) A records search was performed to determine the permit history of the existing docking facility, however, no CAMA Permit was found It appears, based on Google Earth satellite imagery that the structure existed prior to 1993 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 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 applicants are requesting approval to construct a new pier, platform, floating dock and boatlift along the property's northern shoreline to accommodate two (2) small run about vessels ( <18' in length) As designed, the proposed docking facility would extend into Old Topsail Creek, and would be located between the creek's southern shoreline and a small island located just to the northeast The new facility would consist of a 6' x 140' access walkway that would extend from the properties eastern shoreline into Old Topsail Creek A 20' x 20' covered platform would be located at the terminal end of the access walkway and this structure would span to the southeast, creating an "L- head" shape Just waterward of the proposed platform, the applicant proposes to install an 8' x 16' section of floating dock The floating dock would be accessible by way of a 4' x 10' (in alignment with access pier) catwalk that would extend in a northeasterly direction, from the southern side of the proposed platform Lastly, the applicant proposes to install a 12' x 12' boatlift along the southern side of the proposed floating dock As designed, the proposed docking facility would be installed along the northern side of a "peninsula" of coastal wetlands that border the southern property line The access pier would run along the western edge of this marsh fringe before terminating at the platform As designed, no portion of the proposed platform would be located over any areas of coastal wetlands On October 6, 2014, Jessi Baker (DCM /DMF liaison) and I met on -site to determine water depths surrounding the proposed docking facility Based on the results from our field investigation, it appears there is approximately 20" of water along the western side of the proposed floating dock, relative to normal low water and approximately 24" of water along the eastern side of the proposed docking facility, relative to normal low water Water depths from the area surrounding the proposed boat lift range from 15" to 24 ", relative to normal low water Measurements to determine the deepest depth of water (at the terminal end of the proposed floating dock) were taken at a distance of approximately 20' -25' from the near shore edge of marsh, in the immediate location of the planned docking facility Here the water depths averaged 24 ", relative to normal low water Water depths at a distance of 15' from the edge of marsh measured 20" at normal low water Linda Larkins and Walter Klausmeier Page 3 The water depths referenced above are intended to demonstrate the continuity of the bottom contour(s) surrounding the proposed docking facility, and to show that no localized channel exist in the immediate area The body of water that is separated by coastal wetlands measures approximately 70' in width at its most narrow point and 76' at its widest point, limiting the proposed pier /dock to 17 5' offshore of the edge of marsh (25% of the width of the water body) As applied, the proposed pier /dock would extend a distance of 17' from the near shore edge of marsh, which is an approximation of the Y4 width limitation As previously mentioned, part of this project would include the complete demolition of the existing docking facility located dust north of the proposed Currently, the existing docking facility includes nothing more than a series of piling and stringers, and is isolated from the mainland (i a no decking or walkway) Based on the application package, the property owners plan to remove the abandoned pier /platform and restore the area back to its original condition 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 712 sq ft of Estuarine Waters and Pubic Trust Area along the eastern side of the dilapidated pier structure The proposed structure would extend approximately 17' into a waterbody, which measures approximately 70' -76' across This distance would conform to the 1/4 width rule As presented, the proposed structure(s) would not encroach into neither of the adjacent 15' Riparian Corridor Setback Areas Water depths in the vicinity of the proposed docking facility are slightly less than ideal, however, DCM and DMF staff has determined that the reported water depths in this area are accurate and range from 15" to 24 ", relative to normal low water Minor increases in turbidity should be expected during construction Submitted by: Jason Dail Date: February 2, 2015 Office: Wilmington Project Narrative The Linda and Walt Dock Project will consist of removal of existing pier ruins and installations of new 10 x 16 floating dock, 20 x 20 covered platform, and 13 x 13 boat lift. There will be a fixed walkway leading from the yard out to the platform, 6 x 140. The structure will be a strictly residential use docking facility, allowing the homeowner full use of their waterfront property, as well as access to the local waters. V E D OIIMING71 M NC APPLICHION for Major (last revised 12/27 /06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Iq //l,ed,, lZf /'n e �D�t7ir'�L t9!j L C Agent/ Contractor 1 First Name Business Name ast Name Project Name (if applicable) Agent/ Contractor 2 First Name MI Last Nam Applicant 1 First Name MI City Last Name /- //t/P& LaJki�os Applicant 2 First Name MI FAX No �j/D �7� X37 Last Name Street Address (if different from above) & LTA W I ZIP /< LA VS M f, 12� If additional applicants, please attach an additional pages) with names listed Mailing Address v^e� PO Box City t (erg y State N ZIP ),76o_S Country Phone No ext FAX No Street Address (if different from above) / v 41 glae- L�e�on City /��•� lead State NC- ZIP Z YY3 Email 11i nd'e, , `/!m Co/n 2 - AgentlContractor Information Business Name Iq //l,ed,, lZf /'n e �D�t7ir'�L t9!j L C Agent/ Contractor 1 First Name MI ast Name �pt Agent/ Contractor 2 First Name MI Last Nam Mailing Address PO Box City State ZIP 7 �Q �,% (/ V q' l � Phone No ?1/ ��® SJ 67 -.. f, l ext Phone No 2 ext FAX No �j/D �7� X37 Contractor # Street Address (if different from above) City State ZIP Email X1V1'OJILMlNUIUIN, Ia�1 <Form continues on baclo- � f 0 AN , I ��,� 2 52 -c 06 -2808 , 1- 838- 4RCOA x°t - nr; -Vw 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 # o .toy, AC-. l o Y 61L.A& Ye rorr Le�-4 ,-, d Approximate elevation of tract above NHW (normal high water) or Subdivision Name City _T State Zip ��/>_si S'o ✓nct! /�w� Ps!le�t� wG Zf9V(U Phone No Lot No (s) (if many, attach additional page with list) 9 t 4 -,512- 212q ext 1,36-111, 1 , a In which NC river basin is the project located? b Name of body of water nearest to proposed project CFA G 1 & c Is the water body identified in (b) above, natural or manmade? d Name the closest major water body to the proposed project site �jNatural ❑Manmade ❑Unknown �Y) e Is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed OYes JWNo work falls within 4, Site Description a Total length of shoreline on the tract (It b Size of entire tract (sq It ) 3© o .toy, AC-. c Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or to NWL lncjrmal water level) { r l (If many lot scea, please attach additional page with a list) s WNHW or ❑NWL O e Vegetation on tract U"'Aeve(00P&L awe" ve �� s5es, y� v�avj,,� �,�, -fly a.."t vas D evz( o peck., a.PeA-S� : La wt, 1 c,sx�%Ywebtif-' o 6��t d1iYlCi i> s� i &,.t'_ n"o`e, 7Y`ep 5 t s f Man -made features and uses now on tract i�ylE_ 56tuL� � �"vrLVrf. � �iu7c�*4.� � vc� �l -xb►K) Cc�w�. 2 'G`i•:✓' V �'�� J Ja-R C- FAep,e_ is a5c) '7)"L Y`eo ,"s Rv► 6(c2 ce.�'Cjc' c)F- Primp , g Identify and describe the existing land uses adjacent to the proposed project site 1.�2 -v�, G'</✓`2��� S�✓t�i�, ^r- ev�e�Gj �D✓'�(L.S U'Y� �JO� Ste�Q� u1� � �i/�P�/ -� r i �SLGQ��j�ctt U5 eU oy�i� h How does local government zone the tract? j Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) 4'e Ile "+ii (Yes []No ❑NA I Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes '4No k Has a professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes ❑No %NA If yes, by whom? R FE CD E( V ��Z,j 3nlll nil ir'_T. I Is the proposed project located in a National Registered Historic District or does it involve a Oyes ❑No PfNA National Register listed or eligible property? A N 9 1 `U^ i11=nrm ro%nfl eena nay nnvt naavn-_ "' "s L :D A, NC Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the sde9 WYes []No (u) Are there coastal wetlands on the site? tgYes ❑No (w) If yes to either (i) or (u) above, has a delineation been conducted? /il/ i n� wfc�'C it '� �v� yin vt�t � ��a„�d r► � jjs S �x d ivG d L�!'�G✓ EE ,Y -,Yes ONO (Attach documentation, if available) ��/S?itJes7�LT'J 7el U i n Describe existing wastewater treatment facilities 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 Pco" kix s a 5�epfic YkAk I?'I / Vii s ra,IIt 6e vJa'5ti .'01 6y h�-,� or w/A s it bcZ�e . o Describe existing drinking water supply source (,o-n5 fY'vC't eeoc x l ti�At """'P W e!l w�c� 4e,,noV2 ex,37fiT" p Describe existing storm water management or treatment systems - -- f What is the approximate total disturbed land area resulting from the proposed project? 5. Activities and Impacts a Will the project be for commercial, public, or private user ❑Commercial ❑Public /Government �nvate /Commundy b Give a brief description of purpose, use, and daily operations of the project when complete $ ll-�h i s :.d q./!v w 7� Q ho.� �Wy�Q / {yl l P�wv` v t��-�2 s� f o t. h4s p',�a fie � � a c C /il/ i n� wfc�'C it '� �v� yin vt�t � ��a„�d r► � jjs S �x d ivG d L�!'�G✓ EE �j r G�v� SdcllYrj�'+( Ed�.S y /� h w5 4 /57.F1 S/C Csr+iJcL' /L2c�c�5 h�c�e- S fD ��/S?itJes7�LT'J 7el U i 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 I?'I / Vii s ra,IIt 6e vJa'5ti .'01 6y h�-,� or w/A s it bcZ�e . d List all development activities you propose (,o-n5 fY'vC't eeoc x l ti�At """'P 4e,,noV2 ex,37fiT" e Are the proposed activities maintenance of an existing prof , new wor , r both,7 f What is the approximate total disturbed land area resulting from the proposed project? 6 (5 C) q 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 11114 i Will wastewater or stormwater be discharged into a wetland? ❑Yes []No PA 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 XNA If yes, attach a mitigation proposal <Form continues on back 9CM VV! MINGTGN, NC jAlN 2 i 2ui5 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) — (0 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 ed4t.) II:i 4,Ad ✓yr cr-4 Phone No Address 10 . 8Ive. IYei-ov+ L.kA e 114x/, sk-c"e '&✓c 9/6 - 270 -.2-,1 9 Name D.i/l �D f1e u Phone No Address D f7%/&11 l!d Md/1t roS k-id Al /O 9-70 -lSS/ 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, 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 113A1-10), 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 % 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 furthe7certifNyhat the information provided In this application is truthful to the best of my knovoedge Date Z�c/1 Print Name fit-/ -lem -s EC, EMED Signature r/ DCM WILMINGTON, NC Please indicate application attachments pertaining to your proposed project iAN 2 i LU ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information 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. DOCKING FA CILITYAWARINA'C1,IARACTERISTICS a (i) Is the docking facility /marina ❑Commercial ❑Public /Government Private /Community ❑This section not applicable b (i) Will the facility be open to the general public? ❑Yes kNo c (i) Dock(s) and /or pier(s) � 1 d (i) Are Finger Piers included? ❑Yes ❑No (ii) Number a / If yes _ i (iii) Length lqo 40 pQ Number (iv) Width �' L (iii) Length —J2 (v) Floating (AYes ❑No (iv) Width (v) Floating []Yes (XNo e (i) Are Platforms included? Offes ❑No f (i) Are Boatidts included? ,JKYes []No If yes If yes (u) Number (ii) Number (iii) Length (iii) Length OR/ 7, (/e (iv) Width 4 O (iv) Width iffit 17- (v) Floating ❑Yes []No Note Roofed areas are calculated from dnpline dimensions g (i) Number of slips proposed h Check all the types of services to be provided /V 1A ❑ Full service, including travel lift and /or rail, repair or (ii) Number of slips existing 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 i Check the proposed type of siting ❑ Land cut and access channel ❑Open water, dredging for basin and /or channel XOpen water, no dredging required []Other, please describe k Typical boat length 18 , m (i) Will the facility have tie pilings? []Yes j9No (ii) If yes number of tie pilings? 1 Describe the typical boats to be served (e g , open runabout, charter boats, sail boats, mixed types) 18' OPe.-, (i) Will the facility be open to the general public? ❑Yes Zo DCM V ILMING ON, NO JAN 2 1 Lu►5 ,tea -a i3ir -;,9. oxa °d- s - ,, s� "I:' �' �.r±v4 w,n aystaI -1na`1:w+ r,tt. net y;?'�'5edd a2,2 i0 __ _ _ 2. POCKING FACILITYAWARINA OPERATIONS- [N 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 _0 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 (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 f What will be the marina policy on overnight and live- aboard dockage? k Describe design measures that promote boat basin flushing? Dlr -',M J, 1Afli MINGTCN, NC If this protect is an expansion of an existing marina, what types of services are currently provided? JAN LUIO 252 - 808 -2808 1 -888 4RCOAST - vvvvvv nccoastatmana8emert.net revised. 12/27/06 v S r in Is the manria/docking facility proposed within a primary or secondary nursery area ❑Yes ❑No 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 tb -apy shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease 13. BOATHOUSE (including covered lifts) OThis section not applicable a (i) Is the boathouse structure(s) ❑Commercial ❑Public /Government ❑Private /Community (ii) Number (iii) Length (iv) Width Note Roofed areas are calculated from dnpline dimensions 4. GROIN (e g, wood, sheetpde, etc if a rock groin, use MP -2, Excavation and Fill) WThis section not applicable a (i) Number (u) Length (in) 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 This section not applicable a is the structure(s) ❑Commercial ❑Public /Government ❑Pnvate /Community c Distance to be placed beyond shoreline Note This should be measured from marsh edge, if present e Arc of the swing b Number d Description of buoy (color, inscription, size, anchor, etc) R L r,F)VE" A INIl,TnN NC JAN Z L cu i� FOB" :'3CM PAP ad! (StnocU res. Pig- � of 4) I. GENERAL a Proximity of structure(s) to adjacent riparian property lines b Pr oximity of structure(s) to adjacent docking facilities babb's iide- , -4 vl► ivlieV'S 5 d 38o, oo -the lei St e. Note For buoy or mooring piling, use arc of swing including length of vessel c Width of water body � 7TJ e (i) Will navigational aids be required as a result of the project? []Yes []No INNA (u) If yes, explain what type and how they will be implemented d Water depth at waterward end of structure at NLW or NWL al, - `®Ta1ER [I This section not applicable a Give complete description Sfn !� h'll GL�G�f4i1 %l /nGC✓GC'i a-?3 x l (p lL) c, kGK ,2 0104 a o' rf)ve rP P n r*lq lX x A" 0,4-h rFf 4 � 6 x ! 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