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HomeMy WebLinkAbout20150285 Ver 1_CAMA Application_20150313LPIWA NC®ENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor March 12, 2015 20150285 Division of Coastal Management MEMORANDUM TO FROM SUBJECT Applicant Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting Donald R van der Vaart Secretary MAR 1 3 2015 DENR -WATER PF�nt tar,Fc Jonathan Howell, NC DENR -DCM Assistant Mayor Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) CAMA Application Review Henry Loyns et al. Project Location: located between 2 & 4 Boathouse Tract, adjacent to Bald Head Creek, on Bald Head Island, in Brunswick County Proposed Project: replacement of an existing dock within the same footprint 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 April 6, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796 -7424 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 1 Affirmative Action Employer SOX �.: �3 4< i � ! `i DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Henry Lyons et al 2. LOCATION OF PROTECT SITE: Project site is located between 2 & 4 Boathouse Tract, in Bald Head Island, Brunswick County Photo Index - 2006 P, 14 2000 11 -105 1,11 1995 9 -103 N, 23 State Plane Coordinates - X 2307882 Y 42410 Rover File Not taken Lat 33 °51'43 92 "N Long 77 °59'9 61 "W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: 5. PROCESSING PROCEDURE: Dates of Site Visit — 10/1/14, 3/6/15 Was Applicant Present — No Application Received — Complete 3/11/15 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Village of Bald Head Island Land Classification From LUP - Developed (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing — Single - family residences, bulkhead, shared dock Planned - Dock replacement (G) Estimated Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands §404 wetlands (B) Non - Vegetated Wetlands —455 sq ft (incorporated) Other — High ground (D) Total Area Disturbed: 455 sq ft (0 01 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open No 8. PROTECT SUMMARY: The applicant proposes to replace the existing dock within the same footprint Henry Lyons et al. Page Two 9. PROJECT DESCRIPTION Bald Head Island is part of an island group known as Smith Island, located east of the mouth of the Cape Fear River, between Fort Fisher to the north and the Atlantic Ocean to the south with Oak Island/Caswell Beach to the west The island is accessed by private boat or private ferry service from Southport The project site is located on a 10' wide easement between 2 & 4 Boathouse Tract, adjacent to Bald Head Creek, within the Village of Oak Island, in Brunswick County The project area consists of a 10' wide easement located between two lots A single- family residence occupies 2 Boathouse Tract and 4 Boathouse Tract is vacant The upland portion of the site is vegetated primarily with lawn grasses and the shoreline is stabilized with a bulkhead The shoreline distance for the two lots including the 10' easement measures 283' The existing floating dock originating from the easement is shared by the property owners of 2 & 4 Boathouse Tract as well as the non- ripanan owners of 1 Boathouse Tract and 317 N Bald Head Wynd. The dock was constructed by Bald Head Island Limited, LLC under State Permit # 151 -84 Based on aerial imagery, it appears the dock was constructed prior to the year 2000 It measures approximately 50' in length by 7' in width, with a landing platform measuring approximately 17 5' in length by 6' in width A ramp leads directly from the bulkhead onto the floating dock The dock is aligned parallel to the channel Water depths measure approximately -7' at Normal Low Water (NLW) The waterbody measures approximately 80' in width in this location There are no coastal wetlands adjacent to the docking facility The dock crosses into the riparian corridors of 2 & 4 Boathouse Tract- the owners of these two lots being 2 of the subjectjoint applicants The shoreline length for 2 & 4 Boathouse Tract measures approximately 166' The waters of Bald Head Creek are classified SA by the North Carolina Division of Water Resources. The area is designated as a Primary Nursery Area by the North Carolina Division of Marine Fisheries and is CLOSED to the harvesting of shellfish PROPOSED PROTECT: The applicant is proposing to replace the existing dock at the same dimensions and within the same footprint The floating dock would measure 50' in length by 7' in width, with an adjoining landing ramp platform measuring 17 5' in length by 6' in width The dock would extend 18' into the waterbody and would not encroach into either 15' riparian setback outside of the subject properties 10. ANTICIPATED IMPACTS: The project would result in the incorporation of approximately 455 square feet of Public Trust Area and Estuarine Waters as a result of the dock replacement As proposed, the dock would not extend more than %4 width of the waterbody Temporary increases in turbidity can be expected during construction Submitted by: heather Coats hate: March 12, 2015 Office: Wilmington 4 � \Ae-aA GreA.) Oozy, QCce2 1,5 i clo Ao b F1C, �- z� AWV, °(N- �OLj �p1L��UnA ) C,Ql��Gi ID 9 (4 Tr Fug cu-,r-x �Ae�c Ly V"! eVif\ arAnCln \A C hs 34 t4 tA CMG - corv-� CAV\,k 6a-iJ lAmA tultiA Cq�Z CA- RECEIVED -CM WH MiNGTON, NC FEB 2 665 2 I15 Y (fib a T615Z Use CAF Cv- APPL�C -Ai'-j RECEIVED e (t (A h DCM WILMINGTON, ` ��+� � <�orm continues on baclo NC FEB 282 -808 -2808 :: 4- 888- 4RCOAST :: www.nccoastalmansgernent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit - --- - A ress i � l j Slate Rd. Co ty (can be multiple) (r C� I Q Subdivision Name- -- -- - -/— ��Ye e �ov� L� / mach addlNonal pa a with 1W) No s ers H � 2 t�R1 fiim�n eTtu�a^ `r e project located? b� j✓" ' pf"w� rto proposed Prol a. In which NC river basi Proj l Cr e�� above, natural or manmade? d Name the closest major wa,�odY�e ProPosed Project site. c. is water body identified m (b) l��i ���,t% Natural []Manmade []Unknown cb�pe e. t roposed work within city Ixrtrts or planning jurisrficfion? f. if applicable, list the planning jurisdiction or city Umit the proposed a Total length of shoreline on the tract (ft.) c. Size of individual lot(s) � 1 o J – (� (If many lot sizes, please attach additional page `with a list) e. Vegetation on tract �%eP% f Shrci1 s > yaP-eS f. Man -made features and uses now on tract \C' (-`-S -2 b. Size of entire tract (sG ft.) d. ApPro)dmate elevation of tract above NHN (normal high wafer) or NWL (normal WaterIM0 Ll / )NHNor[1NWL g Identify and d e wdsting [and uses adjacent to the proposed Project site. Vae C — W � Cz �N CA I. Is the proposed protect consistent with the applicable zoning? h. How does local govemment zone the tract? zoning compliance certificate, if applicable) F-eS �,aev—"* VO-3- 6yes []No ONA (]yes Po j is the proposed activity part of an urban waterfront redevelopment proposal? k Hasa professional archaeological assessment been done for the tract? ff yes, attach a copy. Oyes ONo If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes E]No National Register listed or eligible property? <Form continues on next Page> ;DECEIVED DCM WILMINGTON, NC 252 - 808 -2888 :: 1- 888- 4RCOAST :: www.nccoaastal man agement -ns4 B 2 6 2LI15 Form DCM MP -1 (Page 3 of 4) m (r) Are there wetlands on the site? (ir) Are there coastal wetlands on the sde? (iii) If yes to either (i) or (n) above, has a delineation been conducted? --(Attach documentation, if available) —" n Des -nbe wasting wastewater treatment facilities IVT/' s o Describe wasting drinking water supply source �Aei p Describe existing storm water management or treatment systems. a Will the project be for commercial, public, or prnate use? b. Give a brief descn tion of purpose, use, and daily operations of the project when complete APPLICATION for Major Development Permit ❑Yes ,®No j]Yes XNo []Yes ❑No j-eC' Gl�Ciili� R-& 3'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 Wo0k'-') d. List all deyelgpment activities you propose n� /IOft`� e. Are the proposed actiwU�meam3enan cue of an e)dVin9 Qrogect, new work or both? f. What is the apprommate total disturb d�ea resulting. from a proposed project? g Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state. V\\,e% i Will wastewater or stormwater be discharged into a wetland? if yes, will this discharged water be of the same salinity as the receiving water? 1. is there any mitigation proposed? If yes, attach a mitigation proposal <Form continues on baciv Dyes []No []Sq Ft or []Acres RECEI VEC DCM WILMINGTON, NC 0 d®L9 cr �/ 8n'kd )cl 252- 808 -2808 :: 1- 888- 4RC®AST :e www.nccoastaimanagement.net Form DCM MP -1 (Page 4 of 4) APRLBCATION for major Development Permit _ -- — a._A- projedXOTahV -9 -- b- An accurate, dated work p (including plan view and crass- sectional drawings) dravm to scale. Please give the present status of the Proposed project- Is any portion already completer if previously authorized work dearly 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 sits. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. appropriate application fee. Check or money order made payable to DENR e. -The aPProP - waterrront (riparian) landowners and signed return receipts as proof that such owners f. A fist the names and complete addresses have received a copy of the application the adjacent n 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 Phone No. g. A list of previous state or federal permits issued for work on the project tract h. Signed consultant or agent authorization form, if applicable. _Y1 111 it Y numbers, Permittee, and issuing dates. t. Wetland delineation, if necessary. 1. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signers by property owner) k A statement of compliance with the N.0 Environmental Policy Act (N.C.G.S.113A 1 -10), 'rf necessary if the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental POWY Act III I understand that any permit issued in response to this applicatron will allow only the developmeht 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. I further certify that the information provided in this application is 4utI&I to the best of,knowie � LJ Date oC6 Print Name Signature Please indicate application attachments pertaining to your proposed project. QDCM MP -2 Excavation and Flt Information ODCM MP-5 Bridges and Culverts ❑DCM MP -3 Upland Development OCIVI MP-4 Structures Information i)CiUI 4!l <I1 ftP,�A�rT, -.,a Nt J 2552 -808 -2808 :: '1- 888- 4RCOAST e: WWW- nccoastallmanagement -n Q 2 � MAJOR PERMIT ADDENDA HenryT Lyons Section 1 Landowner Information Henry T Lyons Jr, 2829 Chew St, Allentown, PA 18104 David Higgins, 3104 Black Chesnut Lane, Chevy Chase, MD 20815 John Klippel, 120 Maddox Dr NE, Atlanta, GA 30309 Kevin Hartman, 719 Thompson Lane, Suite 57100, Nashville, TN 37207 Section 2 Agent Henry T Lyons Jr, 22829 Chew St, Allentown, PA 18104 Section 5 Activities and Impacts b Use and Daily Operations, Private residential use — docking for open run - abouts d Development Activities, Replace existing floating dock Section 6 Additional Information f Adjacent Waterfront Riparian Landowners, Bald Head Island Ltd, Charles Paul, 6 Marina Wynd, Bald Head Island, NC 28461 910 - 457 -7358 NC State Property Office, Tim Walton, 116 W Jones St, Raleigh, NC 27603 919 - 807 -4650 DCMI WILMINGTON, NO MAR 0 .5 2015 Form ®CM MP-4 STRUCTURES (Construction Public 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 a () Is the docking facilo /manna. b (i) Will the VYIO be open to the general public? []Commercial ❑Publir/Govemment x nvate/Community []Yes o c. (i) Dock(s) and /or pier(s) d. () Are Finger Piers included? []Yes ONO (u) Number I _ If yes ' (n) Length 4 � 4 () Number (1v) Width ``l �o S �o/ is (u1) Length (v) Floating Yes []No (iv) Width (v) Floating []Yes []No e () Are Platforms included? []Yes ONO f (i) Are Boatlrfts included? []Yes " No � If yes If yes (1) Number (u) Number (m ) Length (11) Length (Ciro) Width (iv) Width (v) Floating 0Yes []No Note Roofed areas are calculated from dripdne dimensions g (1) Number of slips propose¢ u` h Check all the types of services to be provided ❑ Full service, including travel lift and/or rail, repair or maintenance service (1) Number of slips exasbng E] Dockage, fuel, and marine supplies LL Dockage (7wet 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 sibng- © 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 ' ~ in (i) Will the facility have fie pilings? []Yes []No (n) If yes number of tie pilings? Describe the typical boats to be served (e g- Cope, nabout, charter boats, sad boats, mixed types) - en � --Kq'b � 1. (r) Will the fae open to the general public? []Yes IWO ,E= EIVED X vi WILMINGTON, NO f �^ -- - 4 Ig C�' zi u /1115 252- 808 -2808 :: 9- 888- 4RCOAST :s www.nccoastaimanagement.net re'vis�a � 01 106 F®rri9 DCM P -4 {Structures, Page 2 of 4) a Check each ottne following sanitary racmues tnai wm uc HKAUUMU ui uic F—F ---u F q..... 0 Office Toilets 0 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 (ii) Give the location and number of "PumpoutAvailable" 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 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? m is the manna/docking facility proposed within a primary or secondary nursery area? OYes ❑No RECEIVED 0CM WILMINGTON NC L-B � 2019 252- 808 -2808 :: 1- 88BARCOAST :: www.nceo2stalm2n2-qement.net nceo2stalm2n2aement.net revised: 12/27/06 Form DCM P -4 (Structures, Page 3 of 4) n Is the marina /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 (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 a (i) is the boathouse structure(s) ❑Commercial ❑PublictGovemment ❑Pnvate /Community (n) Number (w) Length (iv) Width Note Roofed areas are calculated from dnjohne dimensions a (i) Number (u) Length (m) Width a Length c Maximum distance beyond NHW, NWL or wetlands 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, d present e Arc of the swing b Average distance from NHW, NWL, or wetlands b Number d Description of buoy (color, inscnption, size, anchor, etc) N, '' >YY :.. _ r� mil' YS - tl}`- •:.-�rY�r Ji �^..`, � .3..14. ♦. ,.__.y- y't'�`rY``y� _ _�_. .�c.t_a��a'__ ..-: ..�°�� " _� .__c ___�..�. .. 4?Cii/s W!LMHNGT(—)N NIG 252- 808 -2808 :: 1- 888.4RCOAST :: www.nccoastalmanagement.net i - sed` 9 12!Nr Forth ®CM MP-4 (Sitmctaeres, Rage 4 off 4) a proximity of structure(s) to adjacent riparian property lines 41S Note Forbuoy or moonng piling, use arc of swing including length of vessel c Width of water body t � / [ i e. (i) Will nave ona�ao be required as a result of the project ❑Yes o y�°'("'"�' (i1) If yes, explain what type and how they will be implemented- b. proximity of structure(s) to adjacent doclang facildies Por d Water depth at waterward end of structure a NLW NWL a Give plate description s , e t`f�cs� MCA kA t � i i, n c• c -..-- 12 t�t- S (�� C 252-808-2808:- 14MM 4RCOAST :: www.nccD2staim2naaement.net 0 � F3 2 61 2915 revised: 12/27105 5� Isl �! 45 b ` v Iv t J I ,1, v aTWI NC L RN av \W , n � h e I v� `�.' lze v ✓ � 2 " fY rte, - n� L, Isl �! 45 b ` v Iv t J I ,1, v aTWI NC L RN av \W , n � h e 2 " fY rte, - Isl �! 45 b ` v Iv t J I ,1, v aTWI NC 0 s� Q5 v 0 J Q � V U v WWR toll S—. Qr ry IqA 0>' I . . _ICA/i W!DliING CAN SIC FEB 2 6 1015