HomeMy WebLinkAbout20150503 Ver 1_Other Documents_20150514 (162)Pat McCrory
Governor
May 12, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT
Applicant:
NCDENR
North Carolina Department of Environment and Natural Resource
Donald R. van der Vaart
Secretary
tD
MAY 1 4 2015 F -
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: 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
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Roy Mathews and Ron Baxley
2. LOCATION OF PROJECT 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 Plane Coordinates - X: 2979310 Y: 1508728 GPS — N/A
Lat:34 °24'22.71 "N Long: 77 °36'19.93 "W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/7/15
Was Applicant Present— No
5. PROCESSING PROCEDURE: Application Received Complete — 5/4/15 (no green card from Sloop Pt. l
Marina)
Office - Wilmington
6. SITE 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 DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non - Vegetated Wetlands
(Open water)
649 sq. ft.
(incorporated)
(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 Marina)
8. PROJECT SUMMARY: The applicant proposes to expand an existing commercial docking facility.
Roy Mathews and Ron Baxley
Page Two
9. PROJECT DESCRIPTION:
Jon Giles, on behalf of Roy Mathews and Ron Baxley, 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 until 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 designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine
Fisheries, and they are CLOSED 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 PROJECT:
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 Three
10. ANTICIPATED UVIPACTS:
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 1/4 of the width of
the water body, and would not extend beyond the established pier head line. In addition, the proposed structures
would not extend into the adjacent channel and would be located within the applicant's 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
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 install 9 new tie piles.
RECDVED
DCNi VVIU ING! ON, 1' G
APR % 4 2016
Business Name
Project Name (if applicable)
City
Ron Baxley
Applicant 1: First Name
MI
Last Name
Roy
ZIP
Mathews
Applicant 2: First Name
MI
Last Name
Ron
910-471 -0291 ext.
Baxley
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
298 Red Banks Rd
MI
Hampstead
NC
ZIP
Country
Phone No.
FAX No.
28443 2761
USA
910-471 -0291 ext.
FAX No.
Street Address (if different from above)
City
State
ZIP
579 Lewis Rd
Hampstead
NC
28443 -
Email
ronbaxley62Qa bellsouth.net
Business Name
Agent/ Contractor 1: First Name
Jon
MI,
W
Last Name
Giles
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
22022 SE 271St Street
PO Box
City
Maple Valley
State
WA
ZIP
98038
Phone No. 1
910 - 620 - 1560 ext.
Phone No. 2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
<Form continues on back>
Asoama ita 1- 388- 4RCOAs ;, �uw.r�c~+s lrra erne rs .s
Form DCM MP -1 (Page 2 of 4)
County (can be multiple) Street Address
Pender 1579 Lewis Rd
Subdivision Name
n/a
Phone No.
910 - 471 - 0291 ext.
a. In which NC river basin is the project located?
Cape Fear
c. Is the water body identified in (b) above, natural or manmade?
®Natural ❑Manmade ❑Unknown
City
Hampstead
e. Is proposed work within city limits or planning jurisdiction?
®Yes []No
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
APPLICATION for
Major Development Permit
State Rd. #
State Zip
NC 23443-
Lot No. (s) (if many, attach additional page with list)
b. Name of body of water nearest to proposed project
Atlantic Intercoastal Waterway
d. Name the closest major water body to the proposed project site.
Atlantic Intercoastal Waterway
f. If applicable, list the planning jurisdiction or city limit the proposed
work falls within.
Pender County
b. Size of entire tract (sq.ft.)
96,706
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
4 -5 ®NHW or ®NWL
g. Identify and describe the existing land uses adjacent 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 applicable zoning?
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. ❑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 ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
252-808-2808 -.. 1- 388- 4RCOAST . www.nccoastaimanagement.net
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 NNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
county sewer
o. Describe existing drinking water supply source.
well
p. Describe existing storm water management or treatment systems.
sheet flow
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?
f. What is the approximate total disturbed. land area resulting from the proposed project?
both
0 NSq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑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?
U o
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No NNA
j. Is there any mitigation proposed? ❑Yes ❑No NNA
If yes, attach a mitigation proposal.
<Form continues on back>
252 - 808- 80 .. 1-8 8.4 C A T ;: vvww.nc coastal man agernent. not
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.
I h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. 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 04/20/2015 Print Name Jon Giles
Signature 6 CJ AANi
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
®DCM MP -4 Structures Information
252- 8€38 -2808 ,* 1- 888- 4RCOAST . kvwvv .nc:coasta1manacgernent.net
Form ®CM 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.
a. (i) Is the docking facility /marina:
®Commercial ❑Public /Government ❑Private /Community
c. (i) Dock(s) and /or pier(s)
(ii) Number 2. 1 existing (fixed), 1 proposed(floating)
(iii) Length existing 93'; proposed 80'
(iv) Width existing 7.5'; proposed 8'
(v) Floating ®Yes ❑No
e. (i) Are Platforms included? ®Yes ONO
If yes:
(ii) Number 1 existing
(iii) Length 83'
(iv) Width 8'
(v) Floating []Yes ONO
Note: Roofed areas are calculated from dripfine 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 ONO
(ii) If yes number of tie pilings?
9
b. (i) Will the facility be open to the general public?
®Yes []No
d. (i) Are Finger Piers included? ❑Yes ONO
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes ❑No
f. (i) Are Boatlifts included? ❑Yes ONO
If yes:
(ii) Number
(iii) Length
(iv) 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
252 - 808 -21308 ;, 1- 688- 4RCOAST :: u� �n c� � ark_ � �r � �.. �. revised- 12/27106
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.
(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
252 -808 -2808 ;: 1- 888- 4RCOAS :: vv_vuw. »c�o�s�atrn�rs�g�rra rr�.rn�t revised. 12/27106
Form
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the -narina/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 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 ❑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
d. Description of buoy (color, inscription, size, anchor, etc.)
revised. 2/2T06
252. 808 -2808
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. Proximity of structure(s) to adjacent docking facilities.
30'
d. Water depth at waterward end of structure at NLW or NWL
_6'PNLW
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