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HomeMy WebLinkAbout20160174 Ver 1_CAMA Permit Application_20160223Coastal Management ENVIRONMENTAL QUALITY February 16, 2016 MEMORANDUM: TO: 20160174 Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FEB 2 3 2016 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr.gov Fax: 395-3964 (Courier 0416-33) SUBJECT: CAMA Application Review Applicant: Patricia & Joe Green Project Location: 401 N. Lumina Ave., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County Proposed Project: to expand an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 11, 2016. 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 Nothing Compares-'-k-11- State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 I 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Patricia and Joe Green c/o Daniel Shirley w/ Overbeck Marine Construction, Inc. 2. LOCATIOKOF PROJECT SITE: 401 N. Lumina Ave., adjacent to Banks Channel, Greenville Sound, in the Town of Wrightsville Beach, New Hanover County. Photo Index - 2006: 24-7412- L, 20 2000: 24-307-M, 5 1995: 24-288-P, 7 State Plane Coordinates - X 2364734 Y: 170187 Latitude: 34°12'4158"N Longitude: 77047'37.55"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 02/17/2016 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 02/05/2016 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (F) Type of Structures: Existing — Two-story single-family residence, timber retaining wall and a private docking facility Planned — Expansion of existing docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7 HABITAT DESCRIPTION: [AREA] nRFnc;Fn FII I FD OTHER (A) Vegetated Wetlands (B) Open water 169 sq. ft. (incorporate (C) Other (Highground) (D) Total Area Disturbed: 169 sq. ft. (0 003 acres) (E) Primary Nursery Area: No (F) Water Classification- SB Open: No 8. PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility within Banks Channel. Patricia and Joe Green Page 2 9. 10 PROJECT DESCRIPTION: The project site is located at 401 N. Lumina Ave., adjacent to Banks Channel, between the Atlantic Ocean and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover County. To locate the property travel east on Eastwood Road (N.C. HWY 74) from Military Cut -Off Road for approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (N.C. HWY 74) approximately 1 mile and proceed to cross the bridge over Banks Channel. Veer left at the light onto N Lumina and continue to travel north approximately 0.25 miles until you reach the property of interest, which will be on the left hand side. The applicant currently maintains a two-story single family residence on the project site. The property is adjacent to residential properties with existing single family structures and private docking facilities. Highground vegetation consists of ornamental landscaping. The lot is approximately 0. 12 acres in size and has an average elevation of approximately 4' above normal high water (NHW). The project site has approximately 52 linear feet of shoreline frontage stabilized by an existing timber retaining wall, which is landward of NHW. There are no coastal wetlands currently located on the property. Waterward of the NHW boundary in this area is an intertidal strip of sand, which is approximately 60' in width (see Sheet 1 of 2). The applicant currently maintains an existing docking facility within Banks Channel. An access pier, measuring approximately 154' in length by 6' in width extends in a westerly direction from the existing retaining wall. The pier terminates onto a covered platform, measuring approximately 20' in length by 16' in width, which is oriented towards the south creating an "L-shaped" configuration. An access ramp leads from the platform onto a floating dock, measuring approximately 32' in length by 6' in width, which runs in the same alignment as the access pier. The existing facility was authorized to the property owner through CAMA General Permit No. 57507-D on September 16, 2011. The existing docking facility currently accommodates up to two (2) vessels. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters of Banks Channel are classified SB by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing private docking facility within Banks Channel. A new boatlift, measuring approximately 13' in length by 13' in width would be constructed on the northern side of the most waterward end of the existing access pier, located just landward of the existing covered platform. The application states that the existing water depth in the location of the proposed structure would be approximately -4' at normal low water (NLW). The proposed expansion of the existing docking facility would accommodate up to three (3) slips at this location (see Sheets 1 and 2 of 2). ANTICIPATED IMPACTS: The proposed structure would incorporate an additional 169 sq ft. of Estuarine Waters and Public Trust Areas. The proposed structure would encroach into the adjacent 15' Riparian Corridor Setback Area requirement to the north; however, the applicant has obtained a waiver from the property owner to the north (Tillery). The proposed structure would extend approximately 145' into a waterbody, which measures approximately 1,000' across. This distance conforms to the 1/4 width rule and the locally established pier head line. Minor increases in turbidity should be expected during construction. j Submitted by: Robb L. Mairs Date: 02/18/2016 Office: Wilmington Overbeck Marine Construction, Inc To whom it may concern: Overbeck Marine Construction, Inc. is applying for a CAMA major permit to modify the dock facility for Mr. and Mrs. Joe Green at 401 N Lumina Ave. Wrightsville Beach, NC 28480. We are proposing to: 1. Install a 4 -piling boat lift (13'x13') on the north side of the existing walkway adjacent to the neighbors' lift. With the proposed changes we would be expanding the facility from the existing 2 slips to a proposed 3 slip facility. Also, the proposed boat lift would encroach on the 15' setback on the northern boundary. We have obtained a waiver from Ruth Tillery (adjacent property owner on north side) in order to comply with CAMA regulations regarding the setbacks. Please refer to the attached drawings for the proposed changes. If you have any further questions or concerns please contact Robb Mairs with the Division of Coastal Management (DCM) at 910-796-7423. Thank"you, Daniel Shirley Overbeck Marine Construction, Inc 910-386-8883, Daniel@overbeckmarine.com RECEIVED DCM WILMINGTON, NC FEB 0 5 2016 NCOOF4 APPLICATION for major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name S0� MI Last Name &R4 -LW If additional applicants, please attach an additional page(s) with names listed. Mailing Address A10 / Al -4 vt .�T3 PO Box City _ c State N C ZIP Country Phone No 3:3(N - ZOq -'30 /b ext FAX No. - - Street Address (if different from above) City State ZIP Email 2. AgentContractor Information Business Name (>flE2i3CC� /u•4-✓zi,v� Ce/Vs,"•7Zt�c.�n.�N �/� Agent/ Contractor 1 First Name MI Last Name / hj i -L-- 5,4(/Z.L Agent/ Contractor 2. First Name MI Last Name Mailing Address PO Box City State '350(c 7-4"- lir iV c-- �- �J; /�+.�.GrFoN %�/ C - ZIP Phone No. I Phone No 2 2? /1� o9 9/Q -7t-38(e,- go0p� 3 ext. - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email 1� �4�v � LL ��.. ®v � 2r3 � Ccs /��-/Z ��v[� a Cc9 /L► <Form continues on back> RECEIVED DCM WILMINGTON, NC Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd # AICAW c Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City A/��b uGu-�� State zip $yam e Vegetation on tract ,S.4av�� G,q.�.-.� CQ✓z.�rs� L/�a. Se�,I�L,,, 4, 13 &-*a /V Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project i. Is the proposed project consistent with the applicable zoning? J c. Is t water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural []Manmade ❑Unknown e Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed [I No work falls within 7-&'CJ".1 J l= ekes GVlLf661 5k/ILL- G 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft ) c Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) > y HW or ❑NWL e Vegetation on tract ,S.4av�� G,q.�.-.� CQ✓z.�rs� L/�a. Se�,I�L,,, 4, � J f Man-made features and uses now on tract n &'+ Z_ (—_/ FLO4 7'1 iv Co %O G< r g Identify and describe the existing land uses adiacent to the proposed project site /Z� S i,A &^,T%+'4 %dc..,.0 IVF Gv � --,45E�z h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? J (Attach zoning compliance certificate, if applicable) R— Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment pro osal? []Yes KNO Ot k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes XNo [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o [INA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NO rrR fS %n1R Form. DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the site? bYes vo (n) Are there coastal wetlands on the site? ❑Yes ❑No (m) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes o (Attach documentation, if available) n. Describe existing wastewater treatment facilities. C� full' of equipment and where it is to be stored. :51z1*LL P14 -c— 5&-7"T7 w o. Describe existing drinking water supplXsour . c tp"4p- /t'+19,0rL.L-6 A EX1S77`v(o t'�GiL�7'h p. Describe existing storm water management or treatment systems. d List all development activities you propose. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovemment rivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 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. :51z1*LL P14 -c— 5&-7"T7 w r /t'+19,0rL.L-6 A EX1S77`v(o t'�GiL�7'h d List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? gsq.Ft or []Acres g Will 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. /�J d (_1 i Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No [INA j. Is there any mitigation proposed? ❑YesNo [INAIf yes, attach a mitigation proposal fX <Form continues on back> RECEIVED LLCM WILMINGTON, NC 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) - (i) are always applicable to any ma/or 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 Rte- T -/LZ -&-- Phone No Address Name tA." i3 l"1 l ieu, C i iO4,t_ Phone No. Address r R. 16 Name Phone No. Address g. A list of r revious state or federal permits issued for orkJn the project tract. Include permit numbers, permittee, and issuing dates. P S°q �v -� �'� ., 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 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 my knowledge. Date I-zbq b Print Name 1S4AJll; L 9i4+&_L —T Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information []DCM MP -5 Bridges and Culverts []DCM MP -3 Upland Development XDCM MP -4 Structures Information RECEIVED DCM WILMINGTON, NO 5 2616 Form DCM MP -4 STRUCTURES (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 FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina. *nvate/Community ❑Commercial ❑Public/Government c. (i) Dock(s) and/or pier(s) (u) Number (iii) Length (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes o If yes. (ii) Number (m) Length (iv) Width (v) Floating ❑Yes ❑No Note Roofed areas are calculated from dnpbne dimensions g (i) Number of slips proposed 1 (n) Number of slips existing of i. Check the proposed type of siting ❑ Land cut and access channel ❑?open en water; dredging for basin and/or channel water; no dredging required ❑Other, please describe: k. Typical boat length: m (i) Will th�No ty have tie pilings? ❑Yes(i) If yesber of tie pilings? [I This section not applicable b (i) Will the fago ty be open to the general public? ❑Yes d. (i) Are Finger Piers included? ❑Yes �No If yes: (ii) Number (w) Length (iv) Width (v) Floating ❑Yes []No f. (i) Are Boatlifts included? Yes []NoIf yes (u) Number (w) Length 13 (iv) Width 13, 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 Describe the typical boats to be served (e.g open runabout, charter boats, sad boats, mixed types). I. (i) Will the fac lIbe open to the general public? []Yes ANo RECEIVED DCM WILMINGTON, NC -'EB 0 5 2M Form DCM MP -4 {Structures, Page 2 of A' 2. DOCKING FACILITY/MARINA OPERATIONS is section not applicable a. b. T, Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons, Number: , Location: If , ❑ Showers v ❑ Boatholding tank pumpout; Give type and location - 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. (u) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, uch as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h• I Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures plz ined to protect area water quality t. What will be the manna 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 manna, what types of services are curr ntly provided? I' RECEIVED DCM WILMINGTON, NC r ' V'�5 Form 0CM MP -4 (Structures, Page 3 of 4) m Is the mannaldocking facility proposed within a primary or secondary nursery area? []Yes JNo n. Is the mari a/docking facility proposed within or adjacent to any shellfish harvesting area? ' ❑ Yes lo 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 ❑WL 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. 13. BOATHOUSE (including covered lifts) XThis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from drrpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) AThis section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g, wood, sheetpile, etc.) This section not applicable a• Length b. Average distance from NHW, NWt , or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NO =EB 0 5 2016 Form DCM MP -4 (Structures, Page 4 of 4) 7. GENERAL 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 100©' e (i) Will naviga onal aids be required as a result of the project? ❑Yes No [INA (u) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. < l57 d. Water depth at waterward end of structuretfi p�(,ef NWL S 8. OTHER ❑This section not applicable a. 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BRISTOW 30 O 155 30 GO O= FX15T;NG IRON PIPE LAND SURVEYING, PC �-CENTERLINE @= EX15T:NG IRON W# 0 E 4113-A OLEANDER DRIVE now ROD WILNUNGTON, N C 28403 I INCH = 0 FEET 0: PILING (910) 791.1500 (PH) (910) 791.1504 (FAX) ® PATRICK C 5R15TOW LAND 5URVEYING PC SEPTEM5ER 2015 MHW = MEAN HIGH WATER E-MAIL pst[:d6nsm weymg— FIRM LICENSURE NO C-3071 FII ILMINGTON, NC FEB 0 5 2016 .4 :Y t Fi, 1pa I` I vt tA I i I I I I- I, I RECEIVED DCM WILMINGTON, NO FEB 0 5 2015