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HomeMy WebLinkAbout20150504 Ver 1_CAMA Application_20150514Pat McCrory Governor May 12, 2015 MEMORANDUM: TO FROM SUBJECT Applicant: ���� 201 50504 NCDENR North Carolina Department of Environment and Natural Resource Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting Donald R. van der Vaart Secretary MAY�¢2015 Ells D EN 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 \ 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 — 5/7115 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 5/4/15 (no green card from Sloop Pt. 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 FTT,T,ED 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. (0.01 acres) (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 IMPACTS: 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. RECEIVED DCN1 VVILMINGTON, Vii; APR �4rjj5 1.',PrftnarV Abblicantllandowner Information-, -: Business Name Business Name Project Name (if applicable) MI W Last Name Giles Ron Baxley MI Last Name Applicant 1: First Name MI Last Name PC Box City Maple Valley Roy ZIP 98038 Mathews Phone No. 1 910 - 620 - 1560 ext. Applicant 2: First Name MI Last Name Street Address (if different from above) Ron City Baxley State ZIP If additional applicants, please attach an additional page(s) with names listed. -r Mailing Address PC Box City City State a State =C 298 Red Banks Rd Hampstead ZIP Country Phone No. FAX No. 284432761 USA 910-471 -0291 ext. Street Address (if different from above) City State ZIP 579 Lewis Rd Hampstead NC 28443 - Email ronbaxley62@belIsouth.net -A fo �Contractor,,"Ih rmqtion"A,',' 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 2715` Street PC 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> 252-808-2303 : 1-388-4RCOAST --, ,vww. necoastal -nantigement. not Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit It n rt hoc io N, o ed County (can be multiple) Street Address State Rd. # Pender 579 Lewis Rd c. Size of individual lot(s) 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 ext. , I I I I a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Intercoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ONatural ❑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 work falls within. NYes ❑No Pender County Z5 W Sit Des ip ti .'q a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 322 96,706 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 12200, 84506, (If many lot sizes, please attach additional page with a list) 4-5 NNHW or NNWL 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 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 applicable zoning? (Attach zoning compliance certificate, if applicable) FA ZYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No SNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ZNo ❑NA National Register listed or eligible property? <Form continues on next page> 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? ®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 i and Im acts` ,4 ivit es 5: ct P Aprivate a. Will the project be for commercial, public, or 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 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? ❑Yes ❑No NNA 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> a2- 808 -2808 » 1- 388 -4 OAST ,: rww. .nceonstaimanagement. not Form DCK4MF-1 (Page 4of4) APPLICATION for Major Development Permit ln'additi6h'to this completed app ii �0' :'a pp:"a 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 Glen Lewis Phone No. Address 585 Lewis Rd; Hampstead, NC; 28443 9 No 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. 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. and 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 o( the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 04/20/201 Print Name Jon Giles _______ Signature Please indicate application attachments pertaining to your proposed project. []DCKAyNP-2 Excavation and Fill Information []0CN1MP-5 Bridges and Culverts ODCK4MP'3 Upland Development NDCM[NP'4 Structures Information 1'388-4RCOAST :, v"vvv,.nccnmrua, management. net Form ®Cis MP -4 f. r c .; r, r, t a (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. Tliis'secfion not a licablei s t' DOCKING FACILITY/MARlN.4 CHARA'CTERISTICS:. <; : „ m, :'.::;' V '``,, y`= ❑ pp a. (i) Is the docking facility /marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Public /Government ❑Private /Community ®Yes []No c. (i) Dock(s) and /or pier(s) d. (i) Are Finger Piers included? []Yes ®No (ii) Number 2. 1 existing (fixed), 1 proposed (floatino) If yes: (iii) Length existing 93'; proposed 80' (ii) Number (iv) Width existinq 7.5'; proposed 8' (iii) Length (v) Floating ®Yes ❑No (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii) Number 1 existing (ii) Number (iii) Length 83' (iii) Length (iv) Width 8' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas are calculated from drioline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 9 ❑ Full service, including travel lift and /or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies 7 — ® Dockage ( "wet slips ") only, number of slips: 9 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 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 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 : Tfiissectio "ri-riot,a "plidWe'= l T I, A�RINA OPERA- TIONS. ® P DOCKING: FA a. - 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- 4RCOAST :: wv+ter.nCcoastafmaragRm9r911- le•t revised. /2127106 Form DCM W- (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 -narina/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 ❑NIL ❑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. 3: BOAT HQUSE (including covered; l/fts r ®Thissection 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. 4. GR0ll4f- '(e.g:;;wdod; sheetpile; etc;': ff..a rock.gr a. (i) Number (ii) Length (iii) Width ile Vi/ATER ,e,� ;� wood s ee p , ,. , 5:.� BREAK t g . _ � ... . a. Length c. Maximum distance beyond NHW, NWL or wetlands e.`MP =2; Ezcat!afiori.and.YFill.)'' ` `. r "`rc : ' ` ®Tliis>'sec applicable; ` ' licab TFii 'csectio n =riot a p A11-1 b. Average distance from NHW, NWL, or wetlands •; , .. , „;. IVIOOR1IrIG;PILINGS and. BUOYS _ ®This section',riot'applicable 6 ', a. Is the structure(s): b. Number ❑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 d. Description of buoy (color, inscription, size, anchor, etc.) R w E ME . .. 252-808-2808 :: 1- 838- 4RCOAst MAnt .not revised- 112127106 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. b. Proximity of structure(s) to adjacent docking facilities. 30' d. Water depth at waterward end of structure at NLW or NWL :.i - m, ®Tf�is sectiori'not ; applicable : 3: OTHER a. 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W. GILES