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HomeMy WebLinkAbout20231193 Ver 1_CAMA Application_20230831DIVISION OF COASTAL MANAGEMENT Fnviranmenra! FIELD INVESTIGATION REPORT QG<)Ilty 1. APPLICANT'S NAME: Joy Evans 2. LOCATION OF PROJECT SITE: 5 Auditorium Cir Wrightsville Beach, NC 28480 Longitude:-77.79939 Latitude: 34.20966 3. INVESTIGATION TYPE: 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 5/17/2023 Pre -application site visit No 5. PROCESSING PROCEDURE - Application Received Application Complete I Regional Office 8/18/2023 8/24/2023 1 DCM - Wilmington Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: NEW HANOVER, New Hanover County, Town of Wrightsville Beach Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Estuarine and Ocean System, Public Trust Areas, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing: N/A Planned: Central & Municipal (F) Type of Structures: Existing: Piers (Ocean and Estuarine) and Docking Facilities, Floating platform(not marina), Gazebo, Pier or dock, Bulkhead(vinyl), Res. bldg.(single family) Planned: Boat lift, Boat slips, Floating structure, Gazebo, Pier or dock (G) Estimated Annual Rate of Erosion: Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED (ft) FILLED (ft) OTHER (ft) A Open Water 1385 CW's above NHW C CW's below NHW Shallow Bottom High Ground Non -Coastal WL (E) Total Area Disturbed: 1385 ftz (F) Primary Nursery Area: No (G) Water Classification: SB: Primary Contact Recreation, Tidal Salt Water Open to Shellfishing: No Field Investigation Report: Joy Evans DCM Major Permit Page 11 8. PROJECT SUMMARY: The applicant proposes to demo an existing docking facility construct a new private docking facility with a fixed pier, gazebo, floating dock, and boat lifts for a total of four (4) formalized boat slips. 9. NARRATIVE DESCRIPTION: The project site is located at 5 Auditorium Circle, Wrightsville Beach, adjacent to Banks Channel, New Hanover County. According to the application, the parcel located at 5 Auditorium Circle is approximately 10,000 sq. ft. (0.23 acres). The lot has a single-family residence that is under construction, a vinyl bulkhead, and an existing single-family docking facility. The adjacent riparian parcels to the north and south have a single family home, docking facility, and bulkhead. The project site has approximately 50' of shoreline frontage, currently stabilized by a vinyl bulkhead that is located at Normal High Water (NHW). The applicant currently maintains a private docking facility with a fixed pier, measuring approximately 6' wide x 58' long. The fixed pier ends in a covered gazebo, that measures approximately 14' wide x 14' long. There is a ramp that leads from the covered gazebo to a floating dock, that measures approximately 6' wide x 60' long, creating a total of 4 (four) slips (see Page 1 of 2). The current dock configuration was authorized under CAMA Major Permit 951-06, issued to Seacorr, LLC. on March 20, 2006. The existing vinyl bulkhead was issued under CAMA General Permit 87584D to the current property owner in November of 2022. The Town of Wrightsville Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The adjacent waters of Banks Channel in the project area are classified as SB by the Division of Water Resources and this area is NOT designated as Primary Nursery Area (PNA) by the N.C. Marine Fisheries. They are CLOSED to the harvest of shellfish. 10. PROJECT DESCRIPTION: The applicant proposes to demo an existing docking facility construct a new private docking facility with a fixed pier, gazebo, floating dock, and boat lifts for a total of four (4) formalized boat slips. Once the existing docking facility is removed, the applicant proposes to construct a new private docking facility to accommodate up to four (4) vessels. An approximately 6' wide x 58' long fixed pier is proposed to be constructed perpendicular to the existing bulkhead. Adjacent to the north side of the fixed pier, the applicant proposes to construct a fixed gazebo, measuring approximately 16' wide x 16' long (dripline-to-dripline), with an uncovered sundeck measuring approximately 8' wide x 14' long. The end of the fixed pier is proposed to have a ramp that would lead to a floating access dock. The floating access dock would be approximately 6' wide x 64' long and would be able to accommodate up to four (4) vessels. The applicant proposes to install two (2) boat lifts, a 10' x 10' and a 13' x 13', on the north side of the floating access dock (see Pages 1 & 2 of 2). Field Investigation Report: Joy Evans DCM Major Permit Page 12 The proposed docking facility would extend approximately 134' into Banks Channel and would not exceed the Town of Wrightsville Beach's established pierhead line. As proposed, the docking facility would not encroach into either adjacent 15' riparian setback and the water depths in the proposed footprint range from approximately 3.7' to 21.5' at Normal Low Water (NLW). 11. ANTICIPATED IMPACTS: The proposed new docking facility would result in the shading and incorporation of approximately 1,337 sq. ft. of Estuarine Waters and Public Trust Area, partially within the footprint of the existing docking facility that would be removed. The proposed structures would not encroach into the 15' riparian corridor setback requirement, would not exceed the 1/4 width of the waterbody and would not exceed the Town's established pierhead line. Minor increases in turbidity can be expected during excavation and construction. Shoreline length = — 50' x 8 sq. ft. = 400 sq. ft. (maximum allowable platform area) Proposed fixed gazebo (16' x 16') = 256 sq. ft. Proposed uncovered deck (8' x 14') = 112 sq. ft. Proposed floating dock (6' x 64') = 384 sq. ft. (access credit, not counted) Proposed fixed pier (6' x 58') = 348 sq. ft. (access credit, not counted) Proposed boat lift (10' x 10') = 100 sq. ft. (not platform, open water, incorporated) Proposed boat lift (13' x 13') = 169 sq. ft. (not platform, open water, incorporated) Total = 368 sq. ft. Name: Kelsey Beachman Date: 08-29-2023 Office: DCM - Wilmington Regional Office Field Investigation Report: Joy Evans DCM Major Permit Page 13 Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1163 DCM Major Permit 08-18-2023 08-24-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Individual Ms. Joy Evans joyevans1113@gmail.com 8282447065 8282447065 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 5 Auditorium Dr Wrightsville Beach NC 28480 18402 Peninsula Cove Ln Cornelius NC 28031 Registered Agent Information Agent Type Title Business Name Name Email Business Phone Mobile Phone Business/Company INSEA Marine LLC INSEA Marine LLC inseamarinellc@gmail.com 6092172525 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip PO Box 462 Wrightsville Beach NC 28480 PO Box 462 Wrightsville Beach NC 28480 Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) Evans / 5 Auditorium Circle Private/Community Sq. Ft. / Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 5 Auditorium Cir Wrightsville Beach, NC 28480 New Hanover White Oak N/A R06308-027-004-000 34.20966 -77.79939 Project Discharges to State Waters Discharge Type Surface Runoff Sanitary Wastewater Industry/Commercial Effluent Vessel Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed False False False Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: Existing Dock Facility, Single Family Home Existing Land Uses: Residential Existing Wastewater Treatment/Disposal: Solid Waste/Fish Offal/Trash Disposal: Use and Daily Operations of the Project When Complete Proposed Development Purpose: Recreational Boating Buildings/Facilities/Units/Structures: Fixed Pier, Fixed Gazebo Platform, Fixed Uncovered Platform Ramp, Floating Dock, 10k lb Boatlift, 13k lb boat lift Use & Daily Operations: Construction Methodology & Equipment: Small piling setting barge on site. Development Activities Narrative Specifics: Application Narrative: INSEA Marine, LLC PO Box 462 Wrightsville Beach, NC 28480 INSEAMarineLLC@gmail.com 910-386-8883 Re:Application for Major Permit 5 Auditorium Circle Wrightsville Beach, NC 28480 To whom it may concern, On behalf of Joy Evans, we are applying for a CAMA Major Permit to reconstruct and increase slips to 4 at 5 Auditorium Circle, Wrightsville Beach. The existing docking facility will be demolished and replaced with a new 6'x58' fixed pier, 16'x16' covered fixed platform, 8'x14' uncovered fixed platform, 6'x64' floating dock, 10k lb boatlift and 13k lb boatlift. The current existing docking facility is old and in disrepair. Since it is unsafe, if needs to be removed and replaced. All proposed work is consistent with current DCM regulations and is within the riparian corridor and will be constructed according to all current local and state building codes. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please let us know if you need any further information or clarification for the proposed project. Thank you for your assistance in review of this application. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: False Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: True Docking Facilities Details Facility Use # of Tie Pilings Existing Slips New Slips Private/Community 0 2 2 Piers & Docking Facility Structures Structure Type Length Width Quantity Fixed Platforms 8 14 1 Fixed Piers 58 6 1 Fixed Platforms 16 16 1 Floating docks 64 6 1 Boatlift 13 13 1 Boatlift 10 10 1 Freestanding Moorings & Buoys Associated With This Docking Facility Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips False Buoy Details: Moorings & Buoys Details Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth Excavation Development Activity Included: False Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: False "Upland Development" Development Activity Included: False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) Typical Boat Length Other Boat Type (Describe) Open runabout 28 Adj Riparian Property Line #1 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #2 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) 5 15 Width of Water Body Water Depth @ Waterward End of Structure (NLW or NWL) Water Depth @ Most Landward Boat Slip (NLW or NWL) Water Depth @ Most Waterward Boat Slip (NLW or NWL) 715 21.5 1 7.7 21.5 Navigational Aids Required Number of Buoys Number of Day Markers Min Distance of Each Aid Placed Beyond Shoreline Max Distance of Each Aid Placed Beyond Shoreline False Marina Development Activity Details Required ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 10, 2023 StarNewsLegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Eva Elmore & Asa Worthley NORTH CAROLINA Environmental Quality Hello: Please publish the attached Notice in the Tuesday, September 5, 2023 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Tanya K. Pietila Permitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE D EQ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - Wpae e t of en.troome W Wal;� /� 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the LAMA: On August 29, 2023, Joy Evans proposed to demo an existing docking facility construct a new private docking facility with a fixed pier, gazebo, floating dock, and boat lifts for a total of four (4) formalized boat slips, at 5 Auditorium Dr., adj. to Banks Channel in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Kelsey Beachman N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 26, 2023 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA .'..eee or enOmo—bl a-lity /"� 910.796.7215 I s ■ Complete items 1, 2, and 3. A. Signature ❑ ■ Print your name and address on the reverse X r �J ❑ Agent e so that we can return the card to you. ■ Attach this card to the back of the mallplece, EIl ffrei&Wed�1by:(PrJnf8d Name) C. Date of Delivery or on the front If space permits. v , 1. Article Addressed to: D. Is delivery address different from Item 17 ❑ Yes If YES, enter delivery address below: ❑ No Mill mcavylm ad- S}q{ESviI1��NL 1 3. Service Type ❑ Priority Mail Express® III [IIIII I II III I I I I �IIIII II II II II I II I I III ❑ Adutt Signature ❑ Registered Mad[ R ❑ Adult SiCertifiedgnature ReMdcted Dsi"very O Registered Mall ResLlded 9590 9402 8079 2349 7352 41 ❑ Certified Mail Restrlcted Delivery 0 Maile s ohturye connrmallonn ❑ Collect on Delivery O Signature Confirmation 2. Article Number (rransfer from saroce label) ❑ Collect on Delivery Restricted Delivery Restricted Delivery Mall 7022 2 410 0001 0888 5170 Mau Resirkm d Detvery DDI E PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt o DomesticOnly tti Ln co Certified Mall Fee $3.35 CO $ �> O sernoas &Fees (r.+«+� ooc addrae ,i ��O 0 QA-t— cwvdoopyf e `� C.; Q Ret+n RoomiM( ❑ Cwff%d Mart P.0,1 ed Domy t �� • �u '� F{g ❑ bun Signs - R"**d e O ❑ Ad n s+outn Resarnad DOWN f �9 ysy 0 Postage . '��l8AV 'a $ 05/30 3 Total Postage 1 rU S ru sern ro Iti1Y . M c C o1m IDSIU O 53 eel e idlApt: No.; CV liD ffvx Na: --- N S I t YA5ylcr-- Rd _ 5-MAA1bA6LAWj .. From: INSEA Marine inseamarinellc@gmail.com Subject: 5 Auditorium Circle Date: May 22, 2023 at 7:11 PM To: 401prefile@ncdenr.gov, Holley.snider@ncdenr.gov We are requesting prefile for 5 Auditorium Circle, Wrightsville Beach to increase docking facility from 2 to 4 slips. Thank you, Meredith Crow Office Manager INSEA Marine 609-217-2525 inseamarinellc@gmail.com Book 6510 Page 2266 BK: RB 6510 PG: 2266 - 2268 RECORDED: 11/09/2021 02:34:04 PM BY: ANGELA ENGLISH DEPUTY Prepared by: Baker, PLLC 6841 Wrightsville Avenue, Ste. 201 Wilmington, NC 28403 NC FEE $26.00 2021053863 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH PIVER REGISTER OF DEEDS EXTX $6900.00 ELECTRONICALLY RECORDED Return to: Calder Law, PLLC NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $6,900.00 Parcel Identifier No. P06308-027-004-000 N�P' If initialed the property includes the primary residence of Brief Description for the Index: Lot13, at least one of the Grantors, Auditorium Tract, Shore Acres otherwise noted as N/A (NCGS §105.-317.2) THIS DEED made this 5-V-t, C7, j day of October, 2021, by and between GRANTOR W. Douglas Foster and wife, Jan C. Foster Mailing Address:2032 Queens Road W Charlotte, NC 28207 CH:7-\ZI111114 I MI Vacation Properties, LLC A North Carolina Limited Liability Company Mailing Address:18402. Peninsula Cove Lane Cornelius, NC 28031 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT A The property hereinabove described was acquired by Grantor by instrument recorded in Book at Page A map showing the above described property is recorded in Book290 page 597, submitted electronically by "Calder Law, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6510 Page 2267 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and to the provisions of all applicable restrictive covenants and utility easements of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL W. Douglas Foster S (SEAL) Ja C. Foster SEAL -STAMP Mzc Kle;4� L4-CT-County State of North Carolina 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: W. Douglas Foster &Jan C. Foster Dated: /O Notary Public �o�aRy'��- Notary's Printed or Typed Name - My Commission Expires: _ BL1�- O ? ' burg '''1401, 1,64 1101"t°t Book 6510 Page 2268 EXHIBIT A (5 Auditorium Circle) BEING ALL OP LOT 13, OF THE AUDITORIUM TRACT, SHORE ACRES, Wrightsville Beach, New Hanover County, North Carolina, as the same is shown on a plat by Lewis L. Merritt, dated July 12, 1940, and recorded in Book 290, Page 597, of the New Hanover County Registry, to which plat reference is made for a more particular description. TOGETHER WITH all of Grantor's right, title and interest in and to the docks, piers and boat slips appurtenant o the above described property. DCM Coordinator: Cameron Luck DYNAMICS DISTRIBUTION Circle one• Bio Repo I Permit for: Oversize P6ns-s`�� N WIRO E-MAIL DISTRIBUTION SHEET /<Q� NAVt�-" County: N Permit #: y DCM Offices: Morehead City: PT (if oversize) via Courier *cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet *MHC documents (Cam & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wino): Split Sheet Fee Chart (No recommendations) USACE Wilmington: der & Carteret Co): PN, CL, Reports, Split Sheet _ use both ilmingtonNCREG@usace.army. miI (NH/BR): PN, CL, Reports, Split Sheet reg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: ,Holley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet er - 441 (PN/ON - Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: ehed Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet ,e2roline Baker: PN, CL, Reports, SplitSheet phanie Goss �Z-Michael Meilinger (training with Holley - send all until further notice) Barbara Dunn, Barbara.menefee-dunn@deg.nc.gov Marine Fisheries: ,K m Harding DCM PlannerlWiRO: Eke Christenbury _ Cultural: Resources: ranee Gledhill -Earley Environmental. Review[ ncdenr.gov_ Natural Heritage Prog. ,-4 1atural.Heritage@email (new) DCA-Rural Eco_ Dev: free Padrick (Ipadrick@commerce.nc.gov) NC DOT: �-eavid Harris Wildlife Resources: ­Kraria Dunn w/Reports State Property Office: `- m Walton: DEED %,eke Moser _ `W6nda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: �emy Humphrey (Bio)/Shannon denkM8 (Pt) '`�ndrew Haines _ DEMLR: `Christine Hall - Stormwater Section _ \.0an Sams - Land Quality Section Public Water Supply: --He-idi Cox _ City of Wilmington: urs on Enforcement: Field Rep: _ paxA *WLa Pi -f�wY W i` 57V'- Co. LPO i Agent: DISTRIBUTED: l a � G � V 'o w Q M ma I *+ LO QLU R 40 co — � +O+ c *+ O N u� m u 3 0 4-� oi C w d LL m � � CF) d N T 1 '- - 3 J_ v a ° � O = � 'a _ w 13 0 Im C O D rIL = a 0 o 0 bib.X 0 o y Aft _ > �0 4wm .0 _ _ O � ' 0 a- coo IL� 3 _ O N ,_ wco _ `� v .. E 0 z ~ ♦' O O ¢ J s t� U N W 3 M ^ _ M 7 y Z .R m 0 i i. 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