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HomeMy WebLinkAbout20150503 Ver 1_Other Documents_20150514m Pat McCrory Governor May 12, 2015 MEMORANDUM: TO: FROM: SUBJECT Applicant: �i��'�� ��- NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary �� ������� , �_�..�� � --�-� � , � MAY�¢2015 d'I� Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 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: 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: www.nccoastalmanagement.net An Equal Opportunity � Affirmative Action Employer I)IV�SION OF COASTAI., MANAGEIVIENT � � FIELD iNVESTIGAT'ION REPORT l. APPLICANT'S NAME: Roy 1Vlathews and Ron Baxley 2. LOCATION OF PItOJECT SITE: 579 Lewis Road, adjacent to Topsail Sound, in Hampstead, Pender County. Photo Index — 2006:26-6632 (R,S-21,22) 2000:26-342 (J,K-2,3) 1995: 26-235 (N,O-11,12) State P1ane Coordinates - X: 2979310 Y: 1508728 GPS — N/A Lat:34°24'22.71"N g.ong:77°36'19.93"W ' 3. INVESTIGA�TION TYPE: CAMA 4. INVESTIGATIVE PROCEI)U12E: Dates of Site Visit — 5/7/15 Was Applicant Present— No 5. PROCESSING P120C�I)UR�: Application Received Complete — 5/4/15 (no green card from Sloop Pt. l Marina) � Office - Wilmington - 6. SIT� DESCRIPTION: � (A) Local Land Use Plan — Hampstead Land Classification from LUP = Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Commercial . (E) Wastewater Treatment: Existing — Septic System Planned - None (F) Type of Structures: Existing — Fish house, store, bulkhead and docking facility Planned — expand commercial docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A � � 7. HABITAT I�ESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 649 sq. ft. (O en water) (inco orate (C) Other — High ground (D) Total Area Disturbed: 649 sq. ft. (O.Olacres) - (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO (Marker 90 Seafood and Sloop Pt. Boathouse Mazina) 8. PROJECT SUMMARY: The applicant proposes to expand an existing commercial docking facility. itoy Mathews and Ron Baxley Page Two 9. PROJECT DESCRIPTION: Jon Giles, on behalf of Roy Mathews and Ron Ba�cley, has requested authorization for the expansion of an existing docking facility. The project site is located at 579 Lewis Road (SR 1564), adjacent to the AIWW/ Topsail Sound, north of Hampstead, Pender County. To access the site from Wilmington, take US Hwy 17 N to Sloop Point Loop Road (SR 1563). Sloop Point Road is located approximately 13 miles north of the intersection of Porters Neck Road and Highway 17. Turn right onto Sloop Point Loop Road and travel approximately 2.7 miles uritil you come to a 90 degree bend/curve in the road. Bear right at this curve and make an immediate left hand turn onto Lewis Road (SR 1564). Follow Lewis Road to the end and the project site will be located along the left hand side. The subject property also operates as Marker 90 Seafood. Currently, the property is developed and is operating as Marker 90 Seafood and the Quarter Master Store. The high ground portion of the property is elevated approximately 4'-6' above the normal high water (NHW) level and vegetation consists of a few Live Oaks, lawn grasses, scrub vegetation and ornamental landscaping. There is a lush stand of Smooth Marsh Cordgrass (Spartina patens, sp.) that exist just waterward of the existing bulkhead, approximately 70' north of the planned development. The site has been operating as a commercial docking . facility/fish house since at least the early 1990's. The two buildings located on the property are situated along the eastern shoreline, within the 30' Coastal Shoreline Buffer. Just waterward of the buildings, lies a shore parallel bulkhead that approximates the NWH line. The bulkhead extends along the entire eastern shoreline (roughly 322' in length) and connects to the bulkheads running along the neighboring shorelines. Extending from the existing bulkhead, in an easterly direction, the applicant currently maintains a seven (7) slip docking facility. The facility consists of one shore parallel fixed dock that measures approximately 10' (w) x 84' (1), and one shore perpendicular floating dock that measures approximately 8' (w) x 90' (1). Numerous tie pilings exist within the footprint of the facility, primarily for use by the larger commercial vessels that dock and/or pack out. Residential properties border the site to the south and west, and Sloop Point Boat Yard borders the property one lot over to the north. Currently, the applicant owns the property immediately north and adjacent to subject property. Topsail Sound borders the property to the east. . The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT des.ignated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are CI.OSED to the harvest of shellfish. Based on visual observations made by DCM staff during the May 7, 2015 site visit, there does not appear to be any Submerged Aquatic Vegetation (SAV) within the footprint of the proposed docking facility. _ PROPOSED PI20JECT: The applicant is requesting approval to expand the existing seven (7) slip commercial docking facility by installing an 8'(w) x 80' (1) section of floating dock along the northern side of the property. The additional dockage would bring the total number of docking spaces to approximately twelve (12). As stated in the application package, the new dock would provide transient dockage along the northern side and would accommodate two larger vessels along the southern side (most likely commercial vessels). The site plans provided by the applicant's agent indicate that the 8' x 80' section of floating dock would extend easterly from the northern terminus of the existing shore parallel fixed dock. In addition, the applicant is requesting approval for the installation of nine (9) new tie pilings. Of the nine tie-pilings proposed, four (4) would be located adjacent to the proposed dock (two on either side). The remaining tie-pilings would be installed adjacent to the existing fixed docks. Water depths in the vicinity of the proposed dock range from -1.5' to -5.0', relative to Normal Low Water (NLW). Aside from the details provided in the application package, no other development is proposed at this time, to neither the existing dock nor the associated buildings. Roy Mathews and Ron Baxley Page 'g'hree 10. ANTICIPATED IlVIPACTS: The proposed floating dock and tie-pilings would incorporate approximately 649 sq. ft. of public trust and estuarine waters. As designed, the proposed floating dock and pilings would be located within'/4 of the width of the water body, and would not extend beyond tlie established pier head line. In addition, the proposed structures would not extend into the adjacent channel and would be located within the applicanYs area of riparian access. As presented, the proposed floating dock would not disturb any areas of Submerged Aquatic Vegetation (SAV), nor would it cause damage to any wetlands. Minor increases in turbidity should be expended during piling installation; however, no long term adverse impacts are anticipated. Submitted by: Jason Dail Date: May 11, 2015 Office: Wilmington Mathews / Baxley Pier Project Narrative Mr. Baxley is proposing to reconfigure the existing 7-slip docking facility. Located in Hampstead, NC at the end of Lewis Rd. There is an existing fish house with existing docking. The applicant proposes to e� keep the existing fixed pier and platform and install a new 8' x 80' floating dock to the northern side of the existing platform. This dock will be used mainly for transient vessels on the southern side and two new slips on the northern side. Additionally the applicant proposes to insta119 new tie piles. R'tCEiVcC3 L)CNi 1NiL�1�tN�! J�, i�t; �lP�. � � 2=�s'� ��1� ��-1 � � � �. � �� � �� �,' _ � � � � � r �t (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT Y PR _. , �1 Prirriar A I�cant/ Landowner Informat�on ; ; = ' �. .,,_.. _ . ,„ . � _: � . . :: . . .. . . .: :�, . . . . . Business Name Project Name (if applicable) Ron Baxley Applicant 1: First Name MI Last Name Roy Mathews Applicant 2: First Name MI . Last Name Ron Baxley If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 298 Red Banks Rd Hampstead NC ZIP - Country Phone No. FAX No. 28443 2761 USA 910 - 471 - 0291 ext. - - Street Address (if different from above) City State Z�P 579 Lewis Rd Hampstead NC 28443- Email ronbaxley62@bellsouth.net �2 A ent/Contractor Informat�on � � � } :' 9 , 1. Business Name AgenU Contractor 1: First Name MI Last Name Jon W Giles AgenV Contractor 2: First Name MI Last Name Mailing Address PO Box City State 22022 SE 271St Street Maple Valley WA ZIP Phone No. 1 Phone No. 2 98038 910 - 620 - 1560 ext. - - e�. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> � a�A8�3�m�3tt� .» �����-���L9��°�' ;, ��ua+�.s�c~+s����i�a�����rre�rs�.s��� Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit . 3 = Project L.ocat�orr- ` ` - �. . . ". ... . .._ ._ County (can be mulUple) �� Street Address State Rd. # Pender 579 Lewis Rd Subdivision Name City State Zip n/a Hampstead NC 28443 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 471 - 0291 e�. � ° ° a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Intercoastal Waternray c. Is the water body identified in (b) above, naturai or manmade? d. Name the closest major water body to the proposed project site. �Natural ❑Manmade ❑Unknown AtlantiC InterCOastal Waterway 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. Pender County a. Total length of shoreline on the tract (ft.) 322 c. Size of individual lot(s) 12200, 84506, , (If many lot sizes, please attach additional page with a list) e. Vegetation on tract native grasses, oak trees, spartina alterniflora f. Man-made features and uses now on tract Fish house/market, bulkhead, 7- slip docking structure b. Size of entire tract (sq.ft.) 96,706 d. Approximate elevation of tract above NHW (normal high water) or NWL (normaf water Ievel) 4-5 �NHW or �NWL g. Identify and describe the existing land uses adiacent to the proposed project site. boat ramp to the south and boat yard to the north h. How does local government zone the tract? i. Is the proposed project consistent with the applioable ?oning? FA (Attach zoning compliance certificate, if applicable) �Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes �No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy If yes, by whom? I. Is the proposed project located.in a National Registered Historic District or does it involve a National Register listed or eligible property? <Form continues on next page> ❑Yes ❑No �NA ❑Yes �No ❑NA � r2-8�i�=��0� ,. �»�8�-�it�f3��"�" .. uvvuw.n��oas4�Or��ra�c���+�ea�.s��t Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? �Yes ❑No (ii) Are there coastal wetlands on the site? � �Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes �No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. county sewer o. Describe existing drinking water supply source. wel I p. Describe existing storm water management or treatment systems. sheet flow 5 Activ�t�es:and.=lmpacts � �- ` � ,, , .. , �. �, � � ,� ,, . , . , . _,_ _...,.: .. .';. �.�, .. ._;. �.M�, , _,:. . _. _� .�� ...:. . ....:.. �£_ 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. Temporary and longterm boat dockage for fishing vessels and recreational vessels 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. standard marine construction d. List all development actiVities you propose. remove several damaged mooring piles, installing 9 new mooring piles and a 8' x 75' floating dock e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 0 �Sq.Ft or DAcres g. Witl the proposed project encroach on any pubiic 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. n/a i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No �NA 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 �NA If yes, attach a mitigation proposal. <Form continues on back> �������§»���3� .» '�_���•������"ffi" ;: v��u�.=.r���c��s4��¢�-a�t����c�aen�.��� Form DCM MP-1 (Page 4 of 4) a. A project narrative. APPLICATION for Major Development Permit 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 Glen Lewis Phone No. Address 585 Lewis Rd; Hampstead, NC; 28443 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, it necessary. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenc 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 04/20/2015 Print Name Jon Giles Signature L'r-cJ Please indicate appiication attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts pDCM MP-3 Upland Development �DCM MP-4 Structures Information ��2-8i3�»��t38 ., '����8-��L�:t.3,��a'�' .. t�rv3rw.nc�a��s@a1�:e�n��em�n�,a�e� ��e�m �C� ���4 �.� � �s-=3 � � r � �•:, � , y, i < x � s e. (Constrac4ion withiee Public Tnast 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. a. (i) Is the docking facility/marina: �Commercial ❑Public/Government ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 2� 1 existinq (fixed), 1 proposed(floatinq) (iii) Length existinq 93'; pro�osed 80' (iv) Width existinq 7.5'; �roposed 8' (v) Floating �Yes ❑No e. (i) Are Platforms included? �Yes ❑No If yes (ii) Number 1 existinq (iii) Length 83' (iv) Width 8' (v) Floating ❑Yes �No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 9 (ii) Number of slips existing 7 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: varies. __. m. (i) Will the facility have tie pilings? �Yes ❑No (ii) If yes number of tie pilings? 9 b. (i) Will the facility be open to the general pubiic? �Yes ❑No d. (i) Are Finger Piers included? ❑Yes �No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ❑Yes �No If yes: (ii) Number (iii) Length . (iJ) Width 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: 9 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 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 ��2-��J�-��3�1� ;� �-��8���t3A�'i' :: ��u�.�n�c������_������r����..���. � ���s��s�e ��l�i;�� � rirF _ ;� + «� �» - � �;! �.` „ a. Check each of the following sanitary facilities that wiil 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. (ii) 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. j. 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? ❑Yes ❑No ��2-8t38-2��38 ;: °�-�8�-4FdC�3�i,��' :: vv_vuw.»c�o�s�a4�rro�����rrs�rri�.ee�t r�v,s��i: �i2?2'i?tD�i ij� � � n. Is the marinaldocking 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 (W L)? if any 6oxes 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 ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. a. (i) Number (ii) Length (iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands 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. Average distance from NHW, NWL, or wetlands b• Number r. d. Description of buoy (color, inscription, size, anchor, etc.) _. .. .. ._ . . . . _. �� _.__ s���fi���: ��1�7i£�� �v�-�i38-2�iii� :: '�-��i�-4�i��3�8��° :: vu�s�r+r.�t�����t�3r��a�� ���rs�.�a�i +�. �t �s t,���� a: a. Proximity of structure(s) to adjacent riparian property lines 40' to south and 181' to north Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 979, e. (i) Will navigational aids be required as a result of the project? ❑Yes �No ❑NA (ii) If yes, explain what type and how they will be implemented. a. Give complete description: � b. 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