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HomeMy WebLinkAbout20150316 Ver 1_CAMA Application_20150326,A ..�"i► • 2 0 1 5 p NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor March 20, 2015 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 Jonathan Howell, NC DENR -DCM Assistant Mayor Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) CAMA Mayor Application Review Kenneth Futch Project Location: Lot 63 Creekview Dr E, adjacent to Batts Mill Creek, in Hampstead, Pender Co Proposed Project: Installation of a second pnvate pier access with an observation platform 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 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796 -7425 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 -72151 FAX 910- 395 -3964 Internet wvvw nccoastalmanagement net An Equal Opportunity � Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Kenneth Futch 2 LOCATION OF PROJECT SITE Site is located at Lot 63 Creekview Drive East adjacent to Deep Bottom Branch of Mill Creek (also known as Batts Mill Creek) in Hampstead, Pender County Photo Index — 2006: 27 -6597 N -12 2000: Not Available 1995: 26 -319 D -17 State Plane Coordinates - X 2390219 Y 221659 GPS —O 030512A (uncorrected) Lat: 34 021'08 17 "N Long: 77 042'26 00 "W 3 INVESTIGATION TYPE CAMA 4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 2/7/15, 315/15 Was Applicant Present — Yes, No 5 PROCESSING PROCEDURE Application Received — 2/19/15 Complete — 3/6/15 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- Municipal Planned- N/A (F) Type of Structures Existing- Well pump house, private pier and retaining wall Planned- Install 2nd pier access for observation platform (G) Estimated Annual Rate of Erosion N/A 7 HABITAT DESCRIPTION [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) s,q ft (Shading) (B) Non - Vegetated Wetlands (Open 64 sq ft Water) (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed 648 sq ft (0 01 acres) (E) Primary Nursery Area No (Secondary Nursery Area) (F) Water Classification SA -HQW Open No 8 PROJECT SUMMARY The applicant proposes to install a second private pier access with observation platform in Deep Bottom Branch of Mill Creek Kenneth Futch Page 2 9 PROJECT DESCRIPTION The project site is located at Lot 63 Creekview Drive East in Deerfield, adjacent to Deep Bottom Branch of Mill Creek located in Hampstead, Pender County To locate this property, travel north on US -17 for approximately 11 5 miles and turn right onto Headwaters Drive Travel approximately 0 8 miles to Overlook Drive and turn left Take the next right onto Creekview Drive East and the subject property will be on the right in approximately 0 3 miles Existing structures on the project site include a well pump house, retaining wall and private pier with observation platform The project site is approximately 1 5 acres and is vegetated primarily with domestic grasses which transition into Coastal Wetlands consisting primarily of Black Needlerush (Juncus roemenanus) and Salt Marsh Cordgrass (Sparhna altemlflora) The project site has approximately 162 feet of shoreline frontage along the Deep Bottom Branch of Mill Creek The existing private pier consists of an existing access pier that extends into Deep Bottom Branch of Mill Creek measuring approximately 66 ft in length by 6 ft in width The pier terminates in a "T" head fixed observation platform measuring approximately 16 ft in length by 6 ft in width running parallel to the shoreline CAMA Permit No 56681 D was issued on April 29, 2011 for the existing pier and observation platform 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, but are designated as Secondary Nursery Area These waters are CLOSED to the harvest of shellfish PROPOSED PROJECT The applicant proposes to construct a second private pier with observation platform on the eastern side of the lot in Deep Bottom Branch of Mill Creek The applicant states that a private pier, measuring 92 ft in length by 6 ft in width would terminate in a "T" head fixed observation platform measuring approximately 16 ft in length by 6 ft in width running parallel to the shoreline (see Sheets 1 -2 of 2)The proposed new pier and platform would not provide docking space for any vessels (see Narrative) 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 64 sq ft of Estuarine Waters and Pubic Trust Area and shade approximately 584 sq ft of Coastal Wetlands The proposed structure would extend a maximum of 4 ft into a waterbody which measures approximately 17' 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: March 20, 2015 Office: Wilmington 12mll MID-' MCI Wal mo urx DEERFIELD IS TO BE A OBSERVATION PLATFORM ii ONLY, i_ 92 114 �cEE i J 1/ VV 13i4 " �'l'1t i1J � r'�tvtEs�L,Tt�� ,, , �lJ fit.. 7 1 low EF dl ���Pt1.F t+es(I .s�I �.� [' Il��1' 1Y °5 ,?'i r3 by 981mor l Pormil (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 3 He bey 11 - N NOW - ,.s« Business Name Project Name (if applicable) Applicant 1 First Name MI Last Name Applicant 2 First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed Mailing Address cd Z --(2 J PO Box City ,v- State . ZIP `T �1 Country / e Lj t �IRlv✓efZ Phone No q d L) " ext FAX No Street Address (if different from above) City State ZIP Email 'LA —_ } , pz YLC�y ® {�j Ce �^' -1�e5' F ' �xpg �6� � d- it - w..r n f -WINk x a kx'4z. r+' V v sK - _ .-?'C d +„ 5'^� - "'yea. #th°i 3hi ��„ ''� ns s'w7a�N. Business Name Agent/ Contractor 1 First Name MI Last Name Agent/ Contractor 2 First Name MI Last Name Mailing Address PO Box City State ZIP Phone No 1 - - ext Phone No 2 - - ext FAX No Contractor # Street Address (if different from above) City State ZI P Email RECEWED <Form continues on back> uCM il+1 R_Mi iGT N, NO MAR U ei 2615 262 -808 -2808 :. 1- 888- 41RCOASST :: www,nceonstaI management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit nm *9 s'-Zw Wr- %5 a Total length of shoreline on the tract (ft) County (can be multiple) Street Address State Rd # - Pc'qi 0(cL " _L (L� I (' -) <Ic- Subdivision Name City State Zip Np,—ri 'I-/ C 6 A Ad g Identify and describe the existing land uses adjacent to the proposed project site - -0 D'>C_(< I -" I e- 4 7 J-�v LJ_S C_ *lV, 'r Phone No Lot No (s) (If many, attach additional page with list) ext (;i3 I I I I a In which NC river basin is the project located? b Name of body of water nearest to proposed project ❑Yes ❑No CiPt< j Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes PK5 c Is the water body identified in (b) above, natural or manmade? d Name the closest major water body to the proposed project site PlIatural ❑Manmade ❑Unknown National Register listed or eligible property? e Is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed ❑Yes [;IW work falls within RON 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 tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) ONHW or ❑NWL e Vegetation on tract Np,—ri 'I-/ C 6 A f Man-made features and uses now on tract 0 /Y% 0 Us g Identify and describe the existing land uses adjacent to the proposed project site - -0 D'>C_(< I -" I e- 4 7 J-�v LJ_S C_ *lV, 'r Tl> 1+ e 72 - L4 AJ cue -1010t j4A A-4 J —L +_ I - C �3v,: , h How does local government zone the tract? i Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No CiPt< j Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes PK5 k Has a professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes ❑No L?KA If yes, by whom? I Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes QKo ❑NA National Register listed or eligible property? R EU &--- I V =L) <Form continues on next page> DCM VVILMING"TOIN, NC MAR 0 5 HID 252-808-2808 -: 1-888-4RCOAST :: www.nccoastalmanagement.net 'Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the site? {es []No (u) Are there coastal wetlands on the site? EKe—s ❑No (m) If yes to either (i) or (u) above, has a delineation been conducted? ❑Yes P11-6 (Attach documentation, if available) n Describe existing wastewater treatment facilities Y�]vuf E- o Describe existing drinking water supply source ry1 UW l (- t iA ( vj,4T -2Z p Describe existing storm water man gement or treatment systems ����,�� '�w�'.� '�c r �`t �� rt `'S-�` � �i £� � °'" �_ � = }.'`mss �,, � ��,,��K,•, ,� ,: � a Will the project be for commercial, public, or private use? ❑Commercial ❑Public /Government PPfivate /Community b Give a brief description of purpose, use, and daily operations of the project when complete 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 d List all developnieAt activities you propose e Are the proposed activities maintenance of A existing prolec , new work, or both? f What is the approximate total disturbed land area resulting from the proposed project? ❑Sq Ft or QA6res kkc v g Will the proposed project encroach on any public easement, public accessway or other area ❑Yes 2110 ❑NA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state It/ /o, i Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No EaA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No 4R A I Is there any mitigation proposed? []Yes ❑No 811 If yes, attach a mitigation proposal iz= E E-1 ./ E Q <Form continues on back> �S r �' - 252 -808 -2808 . 1- 888- 2RCOA, aT :: www.nccoastalmanagement.not Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit �...{�/q�/"�pv¢. :.,,,r�Iys ".5�p6 p�pgq' I�-¢:+ ap��. s7se.. m `zz- ia:Yx,3i;.'i`.'`"`]c��r+.x` tars"= o== i•',`1:7ih'"'i..r`,^'�'d�``t.� ��d WO? 1 - W�" I / ®ASIII_Q6f ®�f a x x£ 3� 1�d.tt ^� lad�il�ino;fhrsKco p�etedapaplrgaorttm2_0P� tlreollo%rr�; �,b� lQrf epplrc ;_srr%ust submrttdod fortlrepplitrr€ ��,ackage�on ;�e�o � p ete�Items��Iy ,ifj�a�ra�va�s;aI�rc �,�e ^aa�,���natoeve7opin� ,applreatron,. Plga��e,cpa�ul�th� app�ca �o. �,r ��3 n�struc�ion,bo,N,okleGa '�toyv;to,;pt'ope�ly��epa�e'' they ;✓eq�5rred�r�ems46elaav����� ���'��� ~�',s "�'a��� ��r�� � �3 ����' 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 DEN 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 'rya c,�'�j ••cSa-,z 7 rzn„ Q5 as ;ax 'a �, K>,x €. �° W ."� S�"z" �.. Name w3\ Phone No Address Vc- 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 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 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 ; .2 (-z— --->- O 46— Print Name We uve_ Lk lAJ• l' LtZCA_ 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 ECM MP -4 Structures Information DCM `AriLNrr`N T0N, N C MAP, 0 MCI 252 -808 -2808 .. 1- 888- 4111COAST , www necoastalmanagement.net Form ®CM MP -4 (Construction within Public Trust Trees) Attach this form to Joint Application for CAMA Mayor 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 FACILITYIMA/ Ikk CHARACTERISTICS - ❑This sechon not applicable - a (i) Is the docking facility /marina b (Q Will the fa�cilittyy be open to the general public? ❑Commercial ❑ nv Public/Government ate /Community ❑Yes too c (i) Dock(s) and /or pier(s) d (i) Are Finger Piers included? []Yes ® oo (n) Number —i— If yes (m) Length X12 (n) Number (iv) Width (m) Length (v) Floating ❑Yes &Ko (iv) Width (v) Floating ❑Yes ❑No e (i) Are Platforms included? [X'es f (i) Are Boatlifts included? ❑Yes ©M If yes If yes (n) Number (u) Number (w) Length i (- (m) Length (iv) Width (iv) Width (v) Floating []Yes Note Roofed areas are calculated from dnplme dimensions g (i) Number o s d h Check all the types of services to be provided ❑ Full service, including travel lift and /or rail, repair or (u) Number of sl existing service ❑Dockage, fuel, and marine supplies El ❑ 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 l 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 (Ipen water, no dredging required ❑Other, please describe k Typical boat length I (i) Will the facility be open to the general public? ❑Yes 9W6 m (i) Will the facility have tie pilings? ❑Yes PM (u) If yes number of tie pilings? ti ;l_i W 33.jr F ` V S�U i t3 252 - 608 -2808 : 1- 888- 4RCO,AST :; w w,nccaastalrraari agement net revised; 12,127/06 Form DCM MP-4 (Struch -ices, Page 2 of 4) :2. -DOCiCIiUG FACILITY OP_ ERAT16NS _ _ ' go7ts section -not app'rcable a 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 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 (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 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? m Is the marina/docking facility proposed within a primary or secondary nursery area? iN X11► M INGTON, NC ❑Yes ❑No MAIR � � LU 10 252 - 808 -2808 - 1- 883 -4RC 3A,ST .: v_vvLvvv ariccoastallmana _ment.net revosed• 12127!06 FOrM OCM MF-4 (Steuct ar.es, Page 3 of 4) n Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes 094 o 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 to any shellfish leases? []Yes 2t,10- If yes, give the name and address of the leaseholder(s), and give the proximity to the lease 3. BOATHOUSE (tnciudrng covered Ufts) Ofhis section not applicable' a (i) Is the boathouse structure(s) ❑Commercial ❑PubliclGovernment ❑Private /Community (u) Number (iii) Length (iv) Width Note Roofed areas are calculated from dnplme dimensions 4;` OR (e g, wood, sheefpi /e; etc. , tf a "rock groirr;_use'MP, -2, Excavation and Fill) - = ` ns section not applicable a (i) Number (u) Length (m) Width 5 x BREA�(!R/ATER (e g , =wood, sheetprle, etc.j _ _ _ . = ' - " _ _ __ _ ►rs sechon hot apphcabie. _ F a Length b Average distance from NHW, NWL, or wetlands c Maximum distance beyond NHW, NWL or wetlands 6. °'M(�C)R/i�iC P6LlNGS and �UOl�S mss- section not apptrcabl'e` _G _ 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 b Number d Description of buoy (color, inscription, size, anchor, etc ) '7. _ GENERAL 252 -808-2808 1. 888-4RCO T 11 wvv3ni nccoast - -d anaclemOnt n9tt rev.sed- 12/27106 NrU J i Form MA MP-4 (Stritc€ ices, Page 4 of 4) a Proximity of structure(s) to adjacent riparian property lines �L4 v 1 Note For buoy or moonng piling, use arc of swing including length of vessel c Width of water body 14.1 e (Q Will navigational laaids b required as a result of the project? ❑Yes ❑No L A (u) If yes, explain what type and how they will be implemented b Proximity of structure(s) to adjacent docking facilities <. InoI d Water depth at waterward end of structure at NLW or NWL i2 it 58..QTHER_ =_ ` _ —` _ - _ _ x _ _ _ � 'QL 1-F Ik - - 7- -- - - - - -- --- A ; z I iJ L -1 1-77 - N 1-J 114 Ci Lc- iJ L -1 L6 ALILL: 114 Lc- L6 ALILL: LI ---------- L-2 VEE I -wl L-L VF- f 1 : I i HNUON ,NC; LAF