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HomeMy WebLinkAbout20150512 Ver 1_CAMA Application_20150522Pat McCrory Governor May 23, 2015 MEMORANDUM- Me FROM SUBJECT: Applicant: AG-19 A NCDENR North Carolina Department of Environment and Natura Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting 20150512 Resource Jonathan Howell, NC DENR -DCM Assistant Major Pe 400 Commerce Avenue, Morehead City, NC 28557 (Cc CAMA Permit Application Review Anthony Jeff's Donald R. van der Vaart Secretary Lt VIP its Coordinato'r015 Project Location: Tract 3 off of N. Anderson Blvd., adjacent to Topsail Creek, in Topsail Beach, Pender Co., based on the Pender County Tax record Proposed Project: Applicant proposes to install a platform and jet -ski lift adjacent to an existing 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 16, 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.0 Division of Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 Phone 910- 796 -72151 FAX 910- 395 -3964 Internet www nccoastal management net An Equal Opportunity 1 Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Anthony Jeffs 2. LOCATION OF PROJECT SITE: The property is labeled as Tract 3 off N. Anderson Blvd., adjacent to Topsail Creek, in Topsail Beach, Pender County, based on the Pender County Tax records. Photo Index - 2006: 25 -6586, M -14 2000: 25 -326, L -11 1995: 25 -309, K -13 State Plane Coordinates - X: 2420560 Y: 234110 GPS File: N- 051911A Lat: 34 °22'09.664 "N Long: 77 °40'18.443 "W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/19/15 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Completed on 5/19/15 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Classification From LUP -AEC areas are classified Conservation and Resource Protection. (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Private Planned -None (F) Type of Structures: Existing — Private pier and docking facility. Planned — 5' x 4' platform and 5' x 5' jet ski lift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non - Vegetated Wetlands - open water I 1 1 45 sq. ft. (C) Other (Highground) (D) Total Area Disturbed: 45 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROTECT SUMMARY: The applicant proposes to install a 5' 4' platform and 5' x 5' jet -ski lift adjacent to an existing docking facility. Anthony Jeffs Page Two 9. PROTECT DESCRIPTION: The project site is identified on the Pender County tax maps as Part of Tract 3 off N. Anderson Blvd. /Highway 50, Topsail Beach, Pender County, adjacent to Banks Channel and Topsail Sound. To get to the site from Wilmington take US Hwy 17 N to Highway 50 (approximately 13 miles north of Porters Neck). Turn right onto Highway 210 and travel to the intersection of Highway 50 and Highway 210. Turn right onto Highway 50 and proceed onto Topsail Island. Continue along Highway 50 (heading south) approximately 4.5 miles before turning right into a private drive off of N. Anderson Blvd. (Highway 50). The private drive is located approximately 600' south of Nixon Drive, Topsail Beach. The lot is approximately 8,500 sq. ft. in size and existing man -made features on the property include a pier and docking system. The high ground portion is elevated approximately 12' -15' above the Normal High Water (NHW). Vegetation on the tract consists of Maritime Forrest (Live Oaks) and scrub vegetation. The highground transitions to an area of high marsh consisting of Spikegrass (Distichlis spicata), Salt Meadow Hay (—Spartina patens), and Black Needlerush (Juncus roemerianus) which extends approximately 30' -40' west of the western property boundary bordering the Normal High Water (NHW) level. The high marsh transitions waterward to an area of low marsh (approximately 120' in width) that consists primarily of Smooth Cordgrass (Spartina alterniflora). The property has approximately 50 linear feet of shoreline, all of which is naturally stabilized. The existing pier is located along the center line of the property, and extends into Banks Channel. The existing pier (6' x 185') terminates approximately 40' feet beyond the edge of the marsh (bordering the property). A 16'x 16' elevated "T- head" shaped platform is located at the terminal end of the pier. The platform provides access to a 6' x 20' section of floating dock that runs perpendicular to -the shoreline, in line with the existing pier. A 12' x 12' boatlift is located along the southern side of the existing floating dock, within the applicant's area of riparian access. The width of the waterbody in this area of Banks Channel, in the vicinity of the project area, measures approximately 950', as measured from the edge of marsh to edge -of marsh. Current water depths around the existing facility range from approximately -3.0' to -8.0', relative to Normal Low Water (NLW). The waters of Banks Channel, adjacent to the project site, are classified as SA by the North Carolina Division of Water Quality. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct a new 5' x 4' access platform and 5' x 5' jet -ski lift along the northern side of the existing docking facility. Specifically, the proposed lift would be located landward of the existing 16' x 16' platform, between the end of the docking facility and the edge of marsh. As proposed, the platform and jet -ski lift would not extend beyond the end of the existing docking facility, nor would it be located within the adjacent 15' riparian corridor setback. In addition, the proposed lift would be located landward of the edge of the maintained channel. Water depths in the area of the proposed boatlift range from -2.0' to -3.0', relative to NLW. According to the work plat drawings, the jet —ski lift would be located outside of the maintained channel, within the pier - head alignment, within 1/4 of the width of the waterbody and within the applicant's area of riparian access. As planned, the addition of the jet -ski lift would increase the total slip count to three (3). Anthony Jeffs Page Three 10. ANTICIPATED IlV) PACTS As proposed, the planned development would incorporate approximately 45 sq. ft. of Public Trust Waters. The applicant has approximately 50 linear feet of shoreline allowing up to 400 sq. ft. of platform or docking space. As constructed, the total square footage of the existing facility (platform and floating dock) equals approximately 256 sq. ft. No impacts to Coastal or "404" wetlands would occur as a result of construction. As previously indicated, the planned development would be located within the applicant's area of riparian access (outside of the 15' setback), within the pier -head line and within 1/4 of the width of the waterbody. Short term increases in turbidity could be expected due to piling installation. Submitted by: I Dail Date: May 21, 2015 Office: Wilmington Clements Marine Construction Inc. Narrative for: Toney Jeff s Track 3 off NC Hwy 50 Topsail beach. Dear Committee, We are requesting to install a small access finger and a skiff lift for our small boat and Jet Ski. We currently have a big boat lift at our existing dock but we have a small skiff and jet ski that we would like to be able to keep at our dock as well. The access ramp for us is rather far away. So with the limited time we have to spend on the water it would be very helpful to have our boat there and ready to go. Thank you for your consideration in our request. Best Regards, RECEIVED CM WI!_;,lTi. N: APR J 0 2015 rym by "WTit j i Hofer Nevelopmema Permit APR 1 0210115 (last revised 12/27106) Business Name Project Name (if applicable) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information APR 1 0210115 Business Name Business Name Project Name (if applicable) Clements Marine Construction Inc,. Last Name MI Last Name Applicant 1: First Name MI jells Agent/ Contractor 2 First Name MI Anthony Mailing Address PO Box City Applicant 2 First Name MI Last Namg Hampstead if additional applicants, please attach an additional page(s) with names listed. ZIP Mailing Address PO Box City State 201 beeston ctt 910 - 620 - 9110 Cary NC ZIP Country Phone No same FAX No Street Address (if different from above) 27519 pender 919 - 412 - 0539 ext ZIP Email - Street Address (if different from above) City State ZIP pt of track 3 off nc hwy 50 on sound topsail beach 28445 - Email tjeffs @cisco.com 2. Agent/Contractor Information APR 1 0210115 Business Name A, ;\ "tit i:_. _ .. ;( -,<.I .� -.v_fF Clements Marine Construction Inc,. Agent/ Contractor 1 First Name MI Last Name Mark H Clements Agent/ Contractor 2 First Name MI Last Name Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No 1 Phone No 2 28443 910 - 620 - 9110 ext 910 - 270 - 9110 ext FAX No Contractor # same Street Address (if different from above) City State ZIP Email clementsmarineco @bellsouth net E £ � E N E D 1.)'v."Vl ' /VIL.I'diii%,tU,, , UiN, Nk- <Form continues on back> APR 1 0210115 A, ;\ "tit i:_. _ .. ;( -,<.I .� -.v_fF rx. Form DCM MP -1 (Page 3 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd # pender tract 3 n.anderson blv us hwt 50 Subdivision Name City State Zip topsail beach topsail beach NC 28445- Phone No Lot No (s) (if many, attach additional page with list) 910 - 620 - 9505 ext 1, , , , a In which NC river basin is the project located? b Name of body of water nearest to proposed project ; p3 C _ banks channel c Is the water body identified in (b) above, natural or manmade? d Name the closest major water body to the proposed project site ®Natural ❑Manmade []Unknown AICW 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 4. Site Description a Total length of shoreline on the tract (ft) b Size of entire tract (sq ft ) 504 8506.8 c. Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or 50.04x170, 1 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 15' ®NHW or ❑NWL e Vegetation on tract lawn grass some oak trees f. Man -made features and uses now on tract pier g Identify and describe the existing land uses adiacent to the proposed project site private residential homes h. How does local government zone the tract? i Is the proposed project consistent with the applicable zoning? r -20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa 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? RECEIVED <Form continues on next page> j GM WILMINGTON, NC' APP 1 9 2015 Form DCM MP -1 (Page 4 of 5) APPLICATION for Mayor Development Permit m (I) Are there wetlands on the site? []Yes ®No (n) Are there coastal wetlands on the site? ❑Yes ®No (m) If yes to either (i) or (i) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n Describe existing wastewater treatment facilities n/a o Describe existing drinking water supply source well and or county p Describe existing storm water management or treatment systems n/a 5. Activities and Impacts 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 a private dock is exslsting, when we complete the request he will have access to a het ski lift located off the pier access 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 Hand tools will only be required to install this product an small 4x5 platform will be installed and a 25001b skiff lift will be mounted from that. no equipment storage is required d List all development activities you propose to Install a 4'x5' platform and a single pole skiff lift to existing pier. e Are the proposed activities maintenance of an existing project, new work, or both? new f What is the approximate total disturbed land area resulting from the proposed project? n/a ❑Sq Ft or ❑Acres g WIII the proposed project encroach on any public 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 surface runoff 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 1 Is there any mitigation proposed? ❑Yes ❑No ❑NA If yes, attach a mitigation proposal <Form continues on back> . zs;.,, s-3 n a 1) C M 'rii1LP II vGMN) NC APR 1 0 90!5 Form DCM MP -1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete Items (a) — (f) are always applicable to any mayor development application Please consult the application instruction booklet on how to properly prepare the required items below 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 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 Name Elizabeth Garten Phone No n/a Address 640 Grant Rd N Salem, NC 10560 Name Edward Paradise Phone No n/a Address 104 Sders Fen Ct Chaple Hill, NC 27517 Name Phone No. Address 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 I 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 1 7. Certification and Permission to Enter on Land 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 m knowledge Date 12/11/2014 Print Name Mark Clements s '7/ Signature Please indicate application attachments pertaining to your proposed project ❑DCM MP -2 Excavation and FIII Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ®DCM MP -4 Structures Information DCM Wj .MINGTON, NC :APR 1 0 2015 Ei .. �� •. `{ 'J- :' t S r c — i r . i.. * ., a .. x L. ;3 1 � is C:.• .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. 1. DOCKING FACILITYIMARIMA CHARACTERISTICS a (i) Is the docking facility /marina ❑Commercial ❑Public /Government ®Private /Community c (i) Dock(s) and /or pier(s) (u) Number 1 (iii) Length existing (iv) Width (v) Floating ❑Yes []No e (i) Are Platforms included? ❑Yes ®No If yes (n) Number (iii) Length (iv) Width (v) Floating []Yes []No Note Roofed areas are calculated from dnpline dimensions. g (i) Number of slips proposed 3 (u) Number of slips existing 2 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 25' m (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? El This section not applicable b (i) Will the facility be open to the general public? [—]Yes ®No d (i) Are Finger Piers included? ®Yes ❑No If yes (u) Number 1 (iii) Length 5' (iv) Width 4' (v) Floating []Yes ®No f (i) Are Boatlifts included? ®Yes ❑No If yes. (ii) Number 1 (iii) Length 5' (iv) Width 5' 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 ❑ Dry storage, number of boats ❑ Boat ramp(s), number of boat ramps ❑ Other, please describe. I Describe the typical boats to be served (e g , open runabout, charter boats, sad boats, mixed types) mixed I (i) Will the facility be open to the general public? []Yes ®No D K ! S !-',14 j - T011-J, NC APR ? U` ?C15 2. DOCKING FACILITY /MARINA OPERATIONS ED This section not applicable 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 (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 marinaldocking facility proposed within a primary or secondary nursery area? R EC EE 9 V E D ❑Yes ❑No DCiM jilt MIIIN�GTON, NC APR ? 0 r0? tp- n Is the marina /docking 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 (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 ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease 3. BOATHOUSE (including covered lifts) ®This section not applicable a (i) Is the boathouse structure(s). ❑Commercial ❑Public/Government ❑Private /Community (n) Number (m) Length (iv) Width Note Roofed areas are calculated from dripline dimensions 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill) ®This section not applicable a• (i) Number (n) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetple, etc.) ®This section not applicable a Length b. Average distance from NHW, NWL, or wetlands c Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private /Community c Distance to be placed beyond shoreline d Description of buoy (color, inscription, size, anchor, etc ) Note This should be measured from marsh edge, if present e Arc of the swing 7. GENERAL C EEIVED NC App 1 0 L0i19 a Proximity of structure(s) to adjacent riparian property lines b Proximity of structure(s) to adjacent docking facilities. 15'x 15' 30'n 43's Note. For buoy or mooring piling, use arc of swing including length of vessel. c Width of water body 849' e (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (i) If yes, explain what type and how they will be implemented d Water depth at waterward end of structure at NLW or NWL 5' nlw 18. OTHER I El This section not applicable a Give complete description we wish to add a skiff lift and a small 4x5 finger to access lift on our existing dock 04/08/2015 Date Toney Jeffs Project Name mark clements Applic / N mew Applicant Signature UCM YIVI! 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