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HomeMy WebLinkAbout20150208 Ver 1_CAMA Permit Application_20150220NCDENR North Carolina Department of Environment and Natura Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM TO Karen Higgins 401 Oversight DEMLR - Surface Water Protection 2 0 1 5 02 04 Resource Donald R van der Vaart Secretary FEB 202015 FROM Jonathan Howell, NC DENR -DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT CAMA Application Review Applicant: Seagate Office Park UOA Project Location: 1310 -1312 Airlie Rd, adjacent to the A/WW, in Wilmington, New Hanover County Proposed Project: to reconfigure existing boat slips within a shared 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 March 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796 -7423 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 nccoastalmanagement net An Equal Opportunity \ Affirmative Action Employer 2 3 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Seagate Office Park Unit Owners Association, Inc c/o Brady J Semmel LOCATION OF PROJECT SITE 1310 -1312 Airlie Road, in Wilmington, New Hanover County Photo Index - 2006 22 -7424 I, 14 -15 State Plane Coordinates - X 2358093 Latitude: 34 012'57 11 "N INVESTIGATION TYPE CAMA 2000: 22 -273 J, 15 1995: 22 -255 J, 13 Y 171679 Longitude: 77 148'56 06 "W ROVER FILE 0- 081315A INVESTIGATIVE PROCEDURE Dates of Site Visit — 8/13/2014 Was Applicant Present — Yes and agent 5 PROCESSING PROCEDURE Application Received — 2/11/2015 (completed) Office — Wilmington 6 SITE DESCRIPTION (A) Local Land Use Plan — City of Wilmington /New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved EW, PTA (C) Water Dependent Yes (D) Intended Use Residential (E) Wastewater Treatment: Existing — CFPUA Planned — N/A (F) Type of Structures Existing — Condominium building, bulkhead, floating docks, timber breakwater, and mooring pilings Planned — Reconfigure existing slips within shared docking facility Source - N/A (G) Estimated Annual Rate of Erosion N/A Source — N/A 7 HABITAT DESCRIPTION [AREA] DREDGED FILLED OTHER (A) Coastal Wetlands B Open water 325 sq ft (C) Other (Highground redevelopment) (D) Total Area Disturbed 325 sq ft (0 007 acres) (E) Primary Nursery Area No (F) Water Classification SB Open No 8 PROJECT SUMMARY: The applicant proposes to reconfigure existing boat slips within shared docking facility Seagate Office Park c/o Brady J. Semmel Page 2 9. PROJECT DESCRIPTION: The project site is located at 1310 -1312 Airlie Road in Wilmington, New Hanover County To locate the project site from the WiRO take US Hwy 74/76 towards Wrightsville Beach Turn right onto Airlie Road just before the drawbridge to Wrightsville Beach and travel approximately 0 1 mile until you reach the property of interest, which will be located on the left The property is located at the confluence of the AIWW and Motts Channel within Greenville Sound The property is approximately 0 19 acres in size, which is located on the east side of Airlie Road and has an average elevation of approximately 5 feet above normal high water (NHW) Highground development on the project site includes a five (5) unit condominium buildings uncovered decking, timber bulkhead and a floating dock system, which currently accommodates up to seven (7) slips The entire project site has approximately 133 linear feet of shoreline frontage stabilized by a timber bulkhead Upland vegetation consists of ornamental landscaping There are currently no coastal wetlands along the property The previous owner (J B Gerald) obtained State Permit No 84 -84 in 1984, which authorized the excavation of the existing boat basin and the placement of fill onto the property for the construction of an office budding and the construction of a docking facility State Permit No 84 -84 was modified in 1985 for the construction of a new bulkhead An access ramp leads from the highground on the southern end of the property onto an existing floating dock, measuring approximately 102' in length by 6' in width, which runs parallel to the existing bulkhead There are four (4) floating finger piers extending towards the AIWW from this main floating dock Two (2) measuring approximately 31' in length by 4 5' in width located on the northern end, one measuring approximately 16' in length by 4 5' in width located in the center portion and one measuring approximately 50' in length by 5' in width located on the southern end, which includes another floating dock, measuring approximately 16' in length by 5' in width located on the landward end of this floating dock, creating an "L- shaped" configuration The existing docking facility currently accommodates up to seven (7) vessels within water depth of approximately -6,0' @ normal low water (NLW) There is an existing timber breakwater, measuring approximately 60' in length, which extends perpendicular from the shoreline at the southern property boundary and shared riparian line The adjacent riparian property to the south is a commercial restaurant business (dba Dockside Restaurant), which maintains a floating dock system currently accommodating approximately 22 transient vessels There is an existing docking facility serving the property owner to the north (M Lopez), which crosses the northern riparian line (See Sheets 1 through 3 of 5 and Project Narrative) The New Hanover County and the City of Wilmington 2006 Joint Land Use Plan classifies adjacent waters and high ground area of project site as Conservation There are no known archaeological sites located in the project vicinity The waters of the AIWW and Motts Channel are classified SB by the Division of Water Resources 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 reconfigure existing boat slips within shared docking facility The application states that the existing floating dock, measuring approximately 50' in length by 5' in width would be moved approximately 4' towards the north and the existing floating dock, measuring approximately 16' in width by 4 5' in width would be relocated to the waterward end of this floating dock with final dimensions of 64 4' in length by 5' in width The application states the new configuration would continue to accommodate slip #1 and #2 of the shared docking facility within water depths of approximately -6 0'@ NLW) (See Sheets 4 and 6 of 5 and Project Narrative) _Seagate Office Park c/o Brady J. Semmel Page 3 10. ANTICIPATED IMPACTS: The proposed new floating dock configuration would incorporate approximately 325 sq ft of additional Public Trust Area and Estuarine Waters, however, this too is currently usurped by the existing floating dock system The new configuration would continue to accommodate up to seven (7) vessels within water depths of approximately -6 0' @ NLW The proposed new docking facility would extend approximately 70' into a waterbody measuring approximately 470' across and would not encroach into the USACE AIWW setback requirement nor the adjacent 15' riparian corridor setback requirement It should be noted that portions of the reconfigured floating dock would not encroach into the 15' riparian corridor setback requirement, however, existing portion, measuring approximately 16' in length by 5' in width to remain does encroach It does not appear the proposed reconfiguration would hinder the navigation of the established adjacent docking facilities Minor increases in turbidity should be expected during construction Submitted by: Robb Mairs Date: 2/17/2015 Office: Wilmington e P 0 Box 868 Wrightsville Beach, NV C 28480 Phone /Fax 910 -256 -3062 14 Tanuary 2015 NCDENR W11mington, N C, Cap f. Ed Flynn Durwood Sykes email.-efly@msn.com c0 17u, a ��e The enclosed CAMA Major Permit application for office Park c% Dr. Brady Semmel, 131011312 Airlie Road, WIlInIngton, N.C. 28403, proposes to relocate an existing 5'x50' floating dock four feet north of Its existing location, remove an existing 5'x16' floating finger dock and relocate to the end of the existing 5'x50' dock and replace the guide pilings No adds tion to the existing facile ty are proposed and no adds honal slips are proposed. The proposed dock renovations are only to provide easier dockage for the applicants' vessel. Complete Marine Construction Service For Over 35 Years Piers N Bulkheads N Floating Docks N Boatlifts N Pilings N Repairs RECEIVED DCM WILMINGTON, NDA-U, , I JAN 16 2015 JAN 16 2015 1 '1 Ifi I -- �I � I t 7 F (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT '. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1 First Name MI Last Name i Applicant 2 First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed Mailing Address 111D A l�- I PO Box City State ZIP 0 Country 14 � Phone No L11 -�s�� - � �� � ext FAX No - - Last Name Mailing Address Street Address (if different from above) City State ZIP Email 4s✓ �`r °i`.efduF 2. Agent(Contractor Information Business Name pp Agent/ Contractor 1 First Name 1 Last Name Agent/ Contractor 2 First Name MI Last Name Mailing Address PO 4gBox ciatygygyag. t State /r ZIP Phone No 1 Phone No 2 3900 - ext - - ext FAX No Contractor # F Street Address (if different from above) City State ZIP Email 1,-/ & A d a <Form continues on back> DCM Wit- MINGTON, NC 'AN 1 0 2015 Form DCM MP -1 (Page 2 of 4) APPLICATION for , Major Development Permit 3. Project Location County (can be ultiple) ��Ln%- Street Address 1�3, State Rd # b Size of entire tract (sq ft) lip i- �' Subdivision Name City State Zip 1 /Avf4 r&ffl (,. 1 9$i0-5 Phone No Lot Wo (s) (if many, attach additional page with list) �p -a56 ­360, ex,. (Ogzv) I I I I a in which NC river basin is the project located? — b Name of body of water nearest to proposed project PA T W c Is Pe water body identified in (b) above, natural or manmade? d Name the closest major water body to the proposed project site Natural ❑Manmade ❑Unknown & 0(,04Yl e Is p oposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed Ng(es ❑No work falls within j v/` 4. Site Description _ a Total length of shoreline on the tract (ft) b Size of entire tract (sq ft) c Size of individual lot(s) d Approximate elevation of Act above NHW (normal high water) or NWL (normal water level) � ./ aNWL (If many lot wzes, please attach additional page with a list) ❑NHW or l e Vegetation on tract �tho W L,,v f Man -made features and uses now on tract g Identify and describe the existing land uses adjacent to the proposed project site 1 ew id h How does local government zone the tract? i Is the roposed project consistent with the applicable zoning? Coal; (Alta zornng compliance certificate, d app icable) ❑No ❑NA Ja�es j is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes N k Has a professional archaeological assessment been done for the tracts 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 fYNo DNA National Register listed or eligible property? HECEIVED <Form continues on next page> ACM WILMINGTON, NC JAN 1 6 2015 Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit 6 m (i) Are there wetlands on the site? ❑Yes No (n) Are there coastal wetlands on the site? ❑Yes l(No (m) 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 o Describe existing drinking water supply source 1N�Izvt p Desc existing storm water management or treatment systems /n /b'eq �vGY"� /1 LUG YI UY�1� 5. Activitles and Impacts a Will the project be for commercial, public, or private use? commercial ❑Public/Government 121,E ®Pnvate[Gsrmffibaity b Give a brief description of purpose, use, and daily operations of the project when complete f , i U Dot "e Atilt � � ��° ��� � 'OLEAJL,, 5 1 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 d List all development activities you propose alzl� S"'3X z rn)raw, 14911 e e Are the proposed activities maintenance of an existing project, new work, or both? ME-24) Witt 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 IONo ❑NA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state i Will wastewater or stormwater be discharged into a wetland? ❑Yes MNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes EY ❑NA I Is there any mitigation proposed? ❑Yes MNo ❑NA If yes, attach a mitigation proposal <Form continues on back> DCM WILMINGTON, NC JAN 1 6 2015 Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addiiionallnformadon 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) — (1) 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 Zfej�C �j�}L,/Ljhy'�%r J'Y* / /� Phone No47p ash a9;� Address �a 4/1l'�tI J'Z(. g �� Name 4k, m per' 644f � p�j� 1 � e Phone Noq� Address 132a Aiu"e ��f �j #i ) i/ E I�� )OPJ l t5 C t Name r 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 1 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 1 further cerb that the information provided in this application is truthful to the best of iy knowledge Date oy i } Print Name «' Signature Please indicate application attachments pertaining to your proposed project ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts 01I9CM MP -3 Upland Development CM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JAN 1 6 2015 Form DCM MP-4 Y (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. DOCIUNG FACILITYIMARINA CHARACTERISTICS ❑This section not applicable a (i) Is the docking facility /manna b (i) Will the fac)fity be open to the general public? ❑Commercial ❑PublictGovernment ` private /may ❑Yes jZNo {r c (i) Dock(s) and /or pier(s) d (i) Are Finger Piers included Yes ❑ v (u) Number t l If yes fV ...111E (iii) Length 1 (u) Number (iv) Width (iii) Length 31 (v) Floating Yes ❑N (w) Width (v) Floating Yes ❑Nom f i Are Boatlifts included Yes NJNo e (i) Are Platforms included []Yes 4NO () ❑ If yes If yes (i) Number (u) Number (iii) Length (m) Length (iv) Width (iv) Width (v) Floating []Yes ❑No Note Roofed areas are calculated from dnphne dimensions g (i) Number of slips proposed h Check all the types of services to be provided {a )YL-V %103 p/lo f?o' ;o ❑ Full service, including travel lit and /or rail, repair or (ii) Number of slips existing / maintenance service ry 1­1 Dockage, fuel, and marine supplies 1 ❑ Dockage ( wet slips ") only, number of slips ❑ Dry storage, number of boats Vat ramp(s), number of boat ramps her, please describe i Check the proposed type of siting j Describe the typical boats to be served (e g , open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types) pen water, dredging for basin and /or channel &414-4 Open water, no dredging required ❑Other, please describe I (i) Wdl the facile be open to the general public? k Typical boat length ❑Yes No m (i) Will the facility have tie pilings? ❑Yes ❑No j ie f it RECEIVED (n) If yes number of tie pilings? „ DCM WILMINGTON, NC JAN 1 6 2015 Z. DOCKING FACILITY /MARINA OPERATIONS % Uthrs 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 1 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 manna /docking facility proposed within a primary or secondary nursery area? DCM WILMINGTON, NC ❑Yes ❑No JAN 1 b2015 25A -:. S 1 ,_- VC15 n is the manna /docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o Is the manna /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 OWL ❑None p Is the proposed marina/dockmg 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 X I /. I I / 3. BOATHOUSE (including covered lifts) Thrs section not applicable a (i) Is the boathouse structure(s) ❑Commercial ❑PubliGGovemment ❑Private /Community (u) Number (m) Length (iv) Width Note Roofed areas are calculated from dnpline dimensions f , 4. GROIN (e g, wood, sheetpde, etc !f a rock groin, use MP -2, Excavation and Fill) ° / ] Phis section not applicable A� a (i) Number (u) Length (w) Width 5. BREAKWATER (e g, wood, sheetpde, etc) VThis 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 a is the structure(s) ❑Commercial ❑Public/Govemment ❑Private / Communty c Distance to be placed beyond shoreline Note This should be measured from marsh edge, if present e Arc of the swing 7. GENERAL section not applicable b Number d Description of buoy (color, inscription, size, anchor, etc) RECEIVED Da: ,Vi WILMINGTON, NC JAN 1 6 10i 4) a Proximity of structure(s) to adjacent riparian property lines 01A1'Sr nj 8,0Y ` Arplall Note For buoy or moonng piling, use arc of swing including length of vessel c Width of water body e (Q Will navieNo onal aids be required as a result of the project? ❑Yes E] NA (n) If yes, explain what type and how they will be implemented b Proxrmity of structure(s) to adjacent docking facilities 9 f ��lTb �nrL� d Water dept at waterward end of structure at NLW or NWL 8. OTHER - ❑This section not applicable a Give complete description t_1)� ly �. X15 Date Project Name / - Fit, A`Vnt Na n6 Applicant Slynature C RECEIVED I OM Mill MINGTON, NC AIN 1 6 2015 ?15'— .- d+.v'.V 4_ z' c'- �`,'F ra« 35,' ="'g€°g; v-a . _ , a _ x I';. '� "3 M= ----------------- idiot N I' � n - 11 Old IWO Ova A7ge�(- 50 Cott RIM". C�l' A - 414 40 tlf; VIA _TM WQQ Q, or P "5 )Zek, w -to I Q- dog 01K Alu-S -this 7, A SU4- FpI L s OAK won h QQ >9 Ann wFlympme w �E6 i 0104 Ova A7ge�(- 50 Cott RIM". C�l' A - 414 40 tlf; VIA _TM WQQ Q, or P "5 )Zek, w -to I Q- dog 01K Alu-S -this 7, A SU4- FpI L s OAK won h QQ >9 Ann wFlympme w I:XiII BI7' 01(:" 11111 - _.. HIM PAGE �e ws w 8� 5h .d 3� v Q 1x Za N- i Ei ,e rn r {.J % A e M Ln 6 Y _ Z 0 1� 0 vr' >b r�3 0 �f C � r� F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years' CAPT ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts. House Pjlfngs, Repairs l PO. Box 868 Phone /Fax (910) 256 -3062 Wrightsville Beach, NC 28480 email, efly @msn corn ell .d 3� v Q 1x Za N- i Ei ,e rn r {.J % A e M Ln 6 Y _ Z 0 1� 0 vr' >b r�3 0 �f C � r� F&S Marine -Contractors, Inc. Complete Manne Construction Services For Over 37 years! CAPT ED FLYNN DURW0GD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Ufts House Pilings Repairs Izzi 1-�j PO Box 868 Phone/Fax (910) 2% -3062 . Sft� Wrightsville Beach, NC 28480 email etly @msn com — wQ� � Q ' I;- t t III n t VIC tw D•,J� 1�.J�a ^rl� , Ott U z �-_7 UU c ij Z' 3 . U t "V fLr 6 1 It ..ems. S:Z J ' � Q ' I;- t t III n t VIC tw D•,J� 1�.J�a ^rl� , Ott U z �-_7 UU c ij Z' 3 . U t "V fLr 6 1 It A w mo } M U a 6 N QJ N E C0 0 a) V O 3: -0 O) N m m o (D a) Ya x m —U) C Q7 m LE N a, O c 0 C M a a. o C3 U N c c O Cm co C i Co O co N �2LL U H +N- _O " LL p Z ot5 _O IL a Z vim U O Z aci U U- a co M � LU x N F- m t d os c U d� A CA wy k l;4,� -- -I,� J CM VILMiNGTON, NC JAN 16 2015 a QJ CA wy k l;4,� -- -I,� J CM VILMiNGTON, NC JAN 16 2015