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HomeMy WebLinkAbout20150549 Ver 1_CAMA Application_20150602May 29, 2015 MEMORANDUM: r, _ TO: Karen Higgins D 401 & Buffer Permitting Unit JUN 0 2 2015 DWR/Water Quality Permitting 401aL.arERRF�,,,._ FROM: Jonathan Howell, NC DENR -DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT: CAMA Permit Application Review Applicant: Derek Winstanly Project Location: 8 Water St., adjacent to Banks Channel and Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to replace an existing private 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 20, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796 -7423 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: 910-796-7215 1 FAX: 910- 395 -3964 Internet www.nccoastal management, net An Equal Opportunity , Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Derek Winstanly c/o Ed Flynn 2. LOCATION OF PROJECT SITE: 8 Water Street, adjacent to Banks Channel and Greenville Sound, in Wrightsville Beach, New Hanover County. Photo Index — 2006: 24 -7413, K -13 2000: 24 -306, N -12 1995:24 -287, R -17 State Plane Coordinates - X: NA Y: NA GPS FILE # - NA Lat/Long Coordinates- Lat: 34 °11'34.81 "N Long: 771 48'30.79 "W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/26/2014 and 05/28/2015 Was Applicant Present — No, 5. PROCESSING PROCEDURE: Application Received — 05/01/2015 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wrightsville Beach Land Classification From LUP - Conservation (Open Water Area), Developed (Highground) (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 — New concrete bulkhead and private docking facility Planned — New docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFDGFD FILLFD OTHFR (A) Vegetated Wetlands IF (B) Non - Vegetated Wetlands (Open water 1,456 sq. ft. incor orated (C) Other IF 1[ (D) Total Area Disturbed: 1,456 sq. ft. (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing docking facility within Banks Channel. Derek Winstanly Page 2 9. PROJECT DESCRIPTION: The project site is located at 8 Water Street, adjacent to Banks Channel, between the Atlantic Ocean and Greenville Sound within the Town of Wrightsville Beach, in New Hanover County. To locate the property from the Wilmington Regional Office (WiRO) travel east from Eastwood Road approximately 3 miles towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (U.S. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks Channel. Take the immediate right onto Waynick Boulevard (U.S. Highway 76) and travel south approximately 1 mile until you come to South Lumina Avenue. Take the immediate right onto South Lumina and travel approximately 0.1 mile and take a right onto Wright Street. Continue to travel west and then turn left onto Water Street and the property of interest will be located immediately on the right. The lot averages approximately 3' -6' above normal high water (NHW). The applicant recently received CAMA Minor Permit No. WB14 -28 from the Town of Wrightsville Beach, which authorized demolishing a single - family residence along with the associated site grading on the property. Highground vegetation consists of shrubbery and wild grasses. The lot is approximately 0.13 acres with approximately 84' of shoreline frontage, which is currently stabilized with a new concrete bulkhead, which was authorized under CAMA General Permit No. 65100 -D on 02/24/2015. There are currently no Coastal Wetlands adjacent to the property. The applicant currently maintains an existing docking facility on the property, which consists of an access pier, fixed "L- shaped" platform, floating dock and mooring pilings. The application states the existing docking facility currently provides docking space for up to two (2) vessels (See attach Riparian Survey Sheet 1A of 2 and Project Narrative), The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of Banks Channel, which are included in the Wrightsville Recreational Area, are classified SB# by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish PROPOSED PROJECT: The applicant proposes to replace an existing docking facility within Banks Channel. Once the existing docking facility is entirely removed, a new access pier, measuring approximately 88' in length by 6' in width would extend into Banks Channel. The pier would then terminate into a new partially covered platform, measuring approximately. 20' in length by 20' in width oriented towards the south creating an "L- shaped" configuration. An access ramp would lead onto a new floating dock, measuring approximately 60' in length by 6' in width in the same alignment as the access pier. A finger pier, measuring approximately 28' in length by 6' in width would extend towards the south from the most landward end of the floating dock, creating another "L- shaped" docking configuration. The application states the proposed structures would be constructed to provide docking space for up to five (5) vessels and would be located in approximately -6' at normal low water (NLW) (See Sheet 1 and 2 of 2 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed new docking facility would incorporate approximately 1,456 sq. ft. of Estuarine Waters and Pubic Trust Area, which is partially usurped by the existing docking facility. The structures would extend approximately 160' into a waterbody, which measures approximately 1,000' across. This distance would conform with the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not extend beyond the Town of Wrightsville Beach Pier head Line and would not encroach into the adjacent 15 foot Riparian Corridor Setback Area requirement. The proposed docking facility would be located within water depths of approximately -6.0' @ NLW. Minor increases in turbidity should be expected during construction. Submitted by: Robb Mairs Date: 05/28/2015 Office: Wilmington wool- P 0 Box 868 Wrightsville Beach.. At C 28480 Phone /fax 910 -Z56 -3062 28 April 2015 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: eflyd)msn. com The enclosed CAMA Major Permit application for Dr. Derek Winstanly, is to install a single family residential pier and docking facility at his property located at #8 Water Street, Wrightsville Beach, N.C. 28480. An old existing pier located on site will be removed The new facility is for the applicants'private family use. Complete Marine Construction Service For Over 35 Years Piers N Bulkheads N Floating Docks N Boatlifts N Pilings N Repairs RECEIVED ®CM WILMINGTON, NC �'V r Dan OF -1 I Project Name (if applicable) APPLICATION for MI Last Name, If Jki Applicant 2: First Name MI Major levelsoment Permit If additional applicants, please attach an additional page(s) with names listed. Mailing Address / bJ i �1L1 /i 1/ t II JJ PO Box City r , 1 State r (last revised 12/27/06) Country - Phone No. ext. North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name, If Jki Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address / bJ i �1L1 /i 1/ t II JJ PO Box City r , 1 State r ZIP =lq (� Country - Phone No. ext. FAX No. - Street Address (rf different from above) City State r Email 2:_ Agent/Contractorinformation Business Name t ry-S h/1PJIG Agent/ Contractor 1: First Name ( MI Last Name t Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 6 46 City State Zip Phone No. 1 Phone No. 2 FAX No. Contractor # Street Address (if different from above) City State ZIP Email etj 9 #� tif' +'6+ 3 <Form continues on back> ..L-'-'L -I V Cu DCM WILMINGTON, NC ;'VI AY 01 2015 Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County k(c /an be multiple) Street Address State Rd. # Subdivision Name 0OU&^9 �: State , � Zip gem Phone No. {, Lot No.(s) (if many, attach additional page with list) or QNWL e. Vegetation on tract a. In which NC river basin is the project located? ­_ b. Name of body of water nearest to proposed project d � � ��� .f r- f -i ih�w, -- c. Is t water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural ❑Manmade ❑Unknown e. Is py°oposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No /work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract ( sq.ft.) E (s c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or �?f r NWL (normal water level) ❑NHW (If many lot sizes, please attach additional page with a list) or QNWL e. Vegetation on tract f. Man -made features and uses now on tract g. Identify and describe the existing land uses adjacent to the proposed project site h How does local government zone the tract? i. Is the roposed project consistent with the applicable zoning? (A ch zoning compliance certificate, if applicable) Yes ❑No []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes 1UN k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [M No ❑NA If yes, by whom? Cis the proposed project located in a National Registered Historic District or does it involve a ❑Yes JANo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> ACM WILMINGTON, NC MAY 01 201 Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit I m. (i) Are there wetlands on the site? ❑Yes UNa (ii) Are there coastal wetlands on the site? ❑Yes Wo (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. o. Describe existing drinking water supply source. p. Descri6e existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑ ommercial ❑PubliGGovernment WPdvateZomw aaity b. Give a brief description of purpose, use, and daily operations of the project when complete. ��6be".� G FS �aTuf� (r�ltt+ ✓�l�iT ;�A ��% 8 6 ��•'+"!k y §R 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. K19 � 9 s 4h 51 g� 'IRS elf, -4 d. List all development activities you propose. .>IV e. Are the proposed activities maintenance of an existing project, new work, or both? YOU, fu f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.R or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes 9No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes MNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes 0,1Ld ❑NA j. Is there any mitigation proposed? []Yes No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC Vii. -AY 0 1 ? 015 Form DCM MP -1 (Page 4 of 4) 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) — (t) are always applicable to any major 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 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 - 1140Vt A l- Phone No. g 3 _5,10 At A Address' Name> ro ra 1� �,g,9aSt Phone No.;i r Address 31)1 aqX�� �' br±s� d !`3WYAi �Jl °{ A C y Name e ° 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. 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. 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 infor ation provided in this application is truthful to the best of my knowledge. Date Print Name 0 Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑WM MP -3 Upland Development DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC ; .. s' ..i±: `•' 2 ?`. €3 S % ... : °. e.A 0 il `... .. 'J LR. j! #-. •J :: §.� -�_... _._ ...;v. Foam DCM MP-4 (Construction within Public ?rust 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 FACILITYIMARINA CHARACTERISTICS a. (i) Is the docking facility /marina: ❑Commercial ❑Public/Government ❑Private /Community c. (i) Dock(s) and /or pier(s) (ii) Number d. (i) Are Finger Piers (iii) Length c (iv) Width r dNo (v) Floating ❑Yes e. (i) Are Platforms included? dyes ❑No If yes: (ii) Number (iii) Length (iv) Width, (v) Floating []Yes o Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing z j3T t---o ;,j fat"- -.� o aLt -wait/ I. Check the proposed type of siting: ❑ L nd cut and access channel ❑ pen water; dredging for basin and /or channel Open water; no dredging required []Other; please describe: k. Typical boat length: m. (i) Will the fa dity have tie pilings? ❑Yes o (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the faci y be open to the general public? ❑Yes VNo f. (i) Are Boatlifts included? ❑Yes K No 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 (`civet slips ") only, number of slips: ❑ Dry storage; number of boats: ❑ oat ramp(s); number of boat ramps: Other, please describe: /J j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail b ats, mixed types). 1. (i) Will the facdroe open to the general public? ❑Yes RECEIVED DCM WILMINGTON, NC d. (i) Are Finger Piers included? liyes ❑No If yes: (ii) Number (iii) Length` (iv) Width_£ — (v) Floating & Yes ❑No f. (i) Are Boatlifts included? ❑Yes K No 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 (`civet slips ") only, number of slips: ❑ Dry storage; number of boats: ❑ oat ramp(s); number of boat ramps: Other, please describe: /J j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail b ats, mixed types). 1. (i) Will the facdroe open to the general public? ❑Yes RECEIVED DCM WILMINGTON, NC 12. DOCKING FACILITY /MARINA OPERATIONS gThis 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. (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? RECEIVED m Is the marinaidocking facility proposed within a primary or secondary nursery area? LRCM WILMINGTON, NC ❑Yes ❑No ?' i P 1 ;i{ 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) his section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private /Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dnphrie dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) "!�; IM This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) U4is 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 I -1B 16 This section not applicable 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 7 GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) ,_ —_.... -t -;. ,_, _.� - - = xi >�"_, r._. °t i;+�'�`r§ ,. u^P;�i`a ssaF�r ":"?'`___- - ".'F9-;��:.i•�h;?S'� _i7�, ?J`: °i. RECEIVED [ACM WILMINGTON, .NC 011 a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 0 L4-1i e. (i) Will navi a onal aids be required as a result of the project? c E]Yes JMo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. - �-vd / — d. Water dept 'at waterward end of structure at NLW or NWL 0 / - I& OTHER ❑This section not applicable I a. Give complete descri ion: 0z ,10 'JIL 6- v T-7*pmv, voth, -") Druja&�,, mo4n umK Avo IMMOOT, All t4bAAArffil f-Tieve &-� 1J, N, 611 I'd Date - Project Name Ind 1 &Yo) 1A 4 Applicant Na e Applicant Signature 4 f-, 711111E 0&JA1&k1< RECEIVED ACM WILNAINGT 10 N, NO Il) 153 3 I. PATRICK C_ M5TCW,,XFTF rr,'IAT fS5?RCfERTYA(A,)5URvttD AND WWWN 0ND'kW5-PtFVGQN flAfjQ CHAV4fL C-15-m'IFTICIN A5 -lif FACE ClfP* PI-9, RAVO Of' M5CLPON lU' 01LULATED V COhftTok ,5 ITIAT 'HE b)INDAKIf5 NC)T MT 5HITAN if BKWIN tNE5 PLMEO %0,4 WAMA51 -(2). q1tOW:0N T"15 MAT WAS FLPARM :N ACCMAXE WIT, 'Nf 5TANDAW5 O` ,RACI - 5G 1604� WNt55 W OWNAl. K-NATURE, , . CE FOR LW 5UVEME'll 4CKM CA'rAIW (2' NCA- LIf,fW%Rf-NM&fR&ND%kT-tIS ,5TV DAYCIF_SEFZME�R-A.D 20i,l BANK5 CMANNEL PAIR a C D%5-',CW NC, fl.5 No. 1 -4,46 LOCATION MAP 140T T10 5cx-p 2" 5MMMEP SAFFI, 'ONE 5L-'IFvEy REFERENCE Mhf'1300'r 4 FAGt 9 9 ofm 500e, 5506 f'A?;E 1254 PlEp'I"EAD UNE.- CARO QSSI s FLOATING fJPAQAN S E L CORRIDOR A -13 L 4148 FLOATING DOCK C, W10. 12,5' FLOATING NOTE 'Mr. LOT f: IN ZONE AC I 1 3) A5 RAMP COMMUNfr,'#,375.lr 1 FLOATING `/203'GG00 DOCK MA�#- J' DATER: AFML 3, 2006 Q TMIB MAP AN Fif-I 5UR"Iff FOR �"i excD.611E IJ515 Of Tlif PEP-50N5. OR, ENT fTY NAMED lN T ILI ctKr)FIf:&RO14 HEREON. SAID C�U-11"'IriCAT'QN FL tu Lp DOE5 NOT EYTEND OR TRA-1rftF TO A- 0 CL WVMCUr AN EXPPE55ED NORMAL tlr-tl WATER 15 FACE BYTrIf 5IJKllFt-,R kWING. 3AIDPER-50N. 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