Loading...
HomeMy WebLinkAbout20160289 Ver 1_CAMA Permit Application_20160322PAT MCCRORY Goccrnor DONALD R. VAN DER VAART Secretary Coastal Management BRAXTON DAMS Director ENVIRONMENTAL QUALITY RECEIVED/NCDENROR March 22, 2016 MEMORANDUM: MAR 2 2 2016 TO: Joanne Steenhuis Water Quality Regional Operations Section 401 Wetlands Wilmington Regional Office DWR-WiRO / PN Co. FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pender Co. Proposed Project: to install a new vinyl bulkhead immediately watenaard of an existing, failing bulkhead 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 April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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 Nothing Compares��. Stale of North Carolina I Environmental Quality J Coastal Manal einem 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Tom Tomlinson 2. LOCATION OF PROJECT SITE: 304 Gull Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. Photo Index -2006: 26-6635, V, 2-3 2000: 26-338, C -D 3 1995: 26-321, I-7 State Plane Coordinates- X:2401592 Y:214559 Lat:34°22'09.88"N Long: 77°40'06.42"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/03/2016 Was Applicant Present—Yes 5. PROCESSING PROCEDURE: Application Received Complete — 3/11/2016 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Onsite septic Planned - None (F) Type of Structures: Existing — Single Family Residence, existing bulkhead and private docking facility that includes an access pier and floating dock Planned — Bulkhead replacement (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED 01HER (A) Vegetated Wetlands - Coastal 60 sq. ft. (filled) (B) Non -Vegetated Wetlands 223 sq. ft. (Open water) (filled) (C) Other — High ground 4,014 sq. ft. (disturbed) (D) Total Area Disturbed: 4,297 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new bulkhead immediately waterward of an existing, failing bulkhead. Tom Tomlinson Page 2 9. PROJECT DESCRIPTION: The project site is located at 304 Gull Road, adjacent to Old Topsail Creek (also known as "Nixon Creek"), adjacent to the AIWW, in Hampstead, Pender County. To find the project site, travel north (from Wilmington) on US Highway 17 to Country Club Road, in Hampstead. Turn right onto Country Club road and travel approximately 1.0 miles before bearing right on Olde Point Road. Continue traveling on Olde Point Road until you come to the intersection of Olde Point Road and Olde Point Loop Road. Turn right onto Olde Point Loop Road and then take the next right onto Gull Road. The subject property will be located on the right hand side of the road at house number 304. The subject property is developed (residential) and has approximately 223 linear feet of shoreline bordering Old Topsail Creek. Elevations at the property range from 3' to 13' above the normal high water (NHW) line. The size of the tract is approximately 31,979 sq. ft., or 0.73 acres. Mature oaks, lawn grasses and ornamental landscaping make up the high ground vegetation, and Smooth Marsh Cordgrass (Spartina alterniora) accounts for the adjacent wetland vegetation. Just waterward of the existing bulkhead, the applicant maintains a private docking facility which consist of a short access pier and an 8' x 60' section of floating dock (running parallel to the shoreline). Three (3) small scattered patches of Smooth Marsh Cordgrass existjust waterward of the existing bulkhead. Currently, the normal high water line approximates the existing bulkhead. The property is located in a residential subdivision at the head of a man-made canal. Neighboring properties maintain simple piers/docks and the shoreline surrounding the entire basin is bulkheaded. Old Topsail Creek (or Nixon Creek) is a channelized waterbody which extends from the AIWW, north to the Olde Point golf course. The primary run of the creek has been historically dredged (under CAMA Major 181-04), with permit authorization(s) dating back to the 1960's. The main channel is approximately 9,000 linear feet and runs along the eastern side of Old Topsail Creek. The width of the channel varies, depending on location, but the average width is approximately 100'. Access to the creek is provide by two entrance channels located along the north eastern side of the creek, both running perpendicular to the main channel. The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIWW and Olde Topsail Creek are classified SA and SA-ORW by the Division of Water Quality. The waters immediately adjacent to the property 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 install a new bulkhead immediately waterward of an existing, failing bulkhead. The existing bulkhead is comprised of timber and was installed approximately 20-25 years ago. The existing tie -backs that support the wall have deteriorated/separated which has caused catastrophic failure to the wall's vertical timber panels. In addition, excessive rains during the winter of 2015/2016 have further exacerbated the wall's failure, causing separation of the high ground behind the wall. The applicant wishes to resolve the walls failure by constructing a new wall immediately waterward of the existing wall, at an average of P offshore. As a result of the new bulkhead construction, approximately 60 sq. ft. of coastal wetlands (S. alternii lora) would be impacted (filled), as would approximately 223 sq. ft. of open water area. Tom Tomlinson Page 3 High ground disturbance associated with the applicant's proposal would include grading and filling approximately 4,014 sq. ft. (dead -men and anchoring). 10. ANTICIPATED IMPACTS: The proposed bulkhead would fill approximately 60 sq. ft. of Coastal Wetlands (S. alternii lora), and approximately 223 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed bulkhead would extend approximately P beyond the existing wall. Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: 3/21/2016 Office: Wilmington Southeastern Coastal Construction Company, Inc. DBA Southeastern Marine Contractors Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured 910.538.9737 6252 Towles Rd., Wilmington, NC 28409 March 6, 2016 Project Name: Tom Tomlinson Project Narrative Mr. Tomlinson would like place a vinyl bulkhead in front of his existing wood bulkhead which has failed. Thank you, Stephen B. Conway, Owner Southeastern Coastal Construction Company, Inc. 910.538.9737/sconway@ec.rr.com OCM MP -1 APPLICATION for Ma1or Development Permit (last revised 12!27)'06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name lit applicable) n @ 1 __ Eldt PI;'` r�L�`��;, � per. $�� [� ®iii, � �EA C ey A_.,,a C Applicant 1: First Name MI Last Name g n h r °EJ. Applicant 2: First Name MI Last Name , If additional applicants, please attach an additional pages) with names listed. Mailing Address Al PO Box City ,r Staten P, t h, o C yy i(�J� $f�J�Yj } � ZIP Country Phone No. 7 FAX Na. L ,f-� ext. Street Address (if different from above) City State - ZIP Email Q 1 P pry/� y / l p/ � � Y� TI i Eh'ry h`. %o II �Y %/ �Oe'R" i ' e rAgent/Contractor 2. Information Business Name , p 1 ctor 1: First Name MI Last Name :AgHent/ConAractor2: First Name MI Last Name Mailing Address v PO Box City V Slate �' a p ZIP Phone No. 1 2 =Phon6r�4o. ri,ext- ext. ' °'•"^ _ l FAX No. Contractor N Street Address (if different from above) City Slate ZIP ,Frm2il _ _ a r, r <Form continues on back> ° Form DCVI MP -1 (Page 2 of 4) 3. Project Location zarru] aAIwry wr Major Development'Permit County (can be multiple) Street Addressr t,, FIf State Rd. k PC 1V Subdivision Name City Staleg Zip PP q Phone No Lot No.(s) (if many, attach additional page with list) ext. , Cal a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 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 j,11l - `fi- VO e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes 'XNo work falls within. 4. Site Description a. Total length of shoreline on the frac( ((L) b. Size of enure tract (sq.ft ) c. Size of individival lot(s) - J. Approximate elevation of tract above NHW (normal high water) or VN NWL(normal water level) (ll many lot sizes, please attach additional page with a list) Y pts r - NHW or ❑NWL e. Vegetation on tract A Ca t f. Man-made features and uses now on tract l:'Itr (•;r' �g. Identify and describe the existing land uses adjacent to the proposed project site. G� q3 � 0 f ` ° Gam-- h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? n - (Attach zoning compliance certificate. if applicable), 4q t8 �jr'..aa y (' Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes tNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No 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? <Form continues on next page> r rorm uuA mr-i traye o ui v/ ANr U(,AI IUN for Major Development Permit m. (i) Are there wetlands on the site? es ❑No (ii) Are there coastal wetlands on the site? b'Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes i%No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. f, p. Describe existing storm water management or, treatment systems. kv k 5. Activities and Impacts a. Will the project be for commercial, public, or private use?Commercial ❑Public/Governmenl rivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete O �I��3 p 3CS� € O's 16 �..i'`t d'leUi& gcz,1l'��" 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. As �a �/ r, %)I4 Fd`out `, Q ,r �y''. L�? A's Cle-J 4 �1 t3 µ 4G1� h � � t P , �t 9p �a ��t.5 pv? - lb lt. d.'`..., h'..",\- t 1F, w',i'�' .i�L�i,:. h 1, f' ) y �p "' i��ti-CrA-fiss-"cAry J. List all development activities you propose. (.. 6-1 Sa let E! P F ! F• �aF l j ' y r7 l- I1 (_. F r, e e. Are the proposed activities maintenance of an existing project, new work, or both? - h L What is the approximate total disturbed land area resulting from the proposed project? q.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes - No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. t J,y f, i. Will wastewater or stormwater be discharged into a wetland? ❑Yes o DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA j. Is hece �nq mil gatton prbpos�ed? Oyes [ - o [INA 1`yea attachr'a lni tlgatidd' proposal. r fv1}.1fk <Form continues on back> norm ul,rvl nnr- i tr aye v ui vl 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 theapplication package to be complete. Items (a) - (n 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. It. 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 J -U + N �,-LAC fr- aZ6 kl2 Lg I5'oA Phone No. ll Address ' f /( 631-2gr Gid lJ .o,, -t 1 M loc/ M�4� �6t�K 969 Name wA .Bao - Phone No. oe fru �;9 L -1:5-7 S-i�3b� Address � ��� 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. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement or compliance with the N.C. Environmental Policy Act IN C.G.S. 113A 1-10), it necessary. If the project involves expenditure or 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 slate 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 :;12-�d `W Print Name -70-m ��—�^ll✓y/y'S/D/-� Signature V-4 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 n E I GM MP,4 ,Sttoctures Information Form DCM MP -2 (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1. EXCAVATION MR his section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (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 (it) Describe the purpose of the excavation in these areas: 9 2. DISPOSAL OF EXCAVATED MATERIALhis section not applicable a. Location of disposal area. L. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes (:]No ❑NA ❑Yes ❑No LINA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), ioro er, w Hands (W L)? If any boxes are checked, provide the m er feet affected. []SAV ❑SB ❑WL ❑None - (ii) Describe the purpose of disposal in these areas: f. ('Q Does the disposal include any area in the water? ❑Yes []No (_)NA (it) If yes, how much water area is affected? 34M7 �u e'L sly Access Other Channel ock (excluding (NLW or Canal Boat Basin Boat Ramp Rock Groin akwater [BreR shoreline NWL) stabilization Length Width Avg. Existing 4NANA Depth Final Project NA Depth 1. EXCAVATION MR his section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (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 (it) Describe the purpose of the excavation in these areas: 9 2. DISPOSAL OF EXCAVATED MATERIALhis section not applicable a. Location of disposal area. L. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes (:]No ❑NA ❑Yes ❑No LINA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), ioro er, w Hands (W L)? If any boxes are checked, provide the m er feet affected. []SAV ❑SB ❑WL ❑None - (ii) Describe the purpose of disposal in these areas: f. ('Q Does the disposal include any area in the water? ❑Yes []No (_)NA (it) If yes, how much water area is affected? 34M7 �u e'L sly 3. SHORELINE STABILIZATION (If development is a wood groin, use MP -4 - Structures) a. Type of shoreline stabilization: (ulkhead ❑Riprap ❑Breakwater/Sill ❑Other,., c. Average distance waterward of NHW or NW L: r. -4- e. e. Type of stabilization material: Lle4^r g. Number of square feet of fill to be placed below water level. Bulkhead backfill tt>s` Riprap Breakwater/Sill. Other i. Source of fill material EJ This section no( applicable b. Length: _ Ltt- _ Width: )n d. Maximum distance waterward of NHW or NWL 1 : _._ I I. (i) Has there been shoreline erosion during preceding 12 months? Eyes �Zo ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. IT. Type"of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? KIYes ❑No L]NA If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill _ V 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? C, (i) Will navigational aids be required as a result of the project? []Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. Dale Project Nametiy ,z qj SI s /Ui=..i t f�j➢ ri) _b_ ..... O. Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or _ - other wetlands (WI-)? If any boxes are checked, provide the numberof square feet affected. )4CW JAO iDSAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: LCchces(( b. What type of construction equipment will be used (e.g., dragllne, backhoe, or hydraulic dredge)? d. it Will wetlands be crossed in transporting equipment to project site? []Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name � � Applicant Signature - *13 E AGENT AUTHORIZATION FOR C&MA PERMIT APPLICATION Name of Property owner Applying for Permit: 7-om Mailing address: 3®y 6tj Phone Number: I certify that I have authorized Akont / Cohtractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of.. & llrk4c� at my property located at—so `j in feiiWee� County. This certification is valid through 12 - 3/® L4 0ate (Property Owner Information) Signature -214&,fi-5 7�c>* Print or Type Name Title Date V Id Phone Number 430 I 1,d AM ib Email Address Coastal Management ENVIRONMENTAL QUALITY March 22, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Tom Tomlinson / Pender County PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Kyle & Heather: Please publish the attached Notice in the Saturday, March 25, 2016 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 Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett -MHC Liz Hair — USACE Joanne Steenhuis -DWR Michele Walker- DCM Sincerely, Shaun K. Simpson Permitting Support &Customer Assistance Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On March 11, 2016, Tom Tomlinson proposed to replace a failing bulkhead at 304 Gull Rd, adjacent to Old Topsail Creek, in Hampstead, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 April 15, 2016 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 and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Nothing Compares State ofNotlh Carolina I Environmental Quality l Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 21, 2016 Tom Tomlinson 304 Gull Road Hampstead, NC 28443 Dear Mr. Tomlinson: PAT MCCRORY QOVem. DONALD R. VAN DER VAART Sw ary BRAXTON DAVIS LifR'Llal' The Division of Coastal Management hereby acknowledges that on March 11, 2016, we received your completed application requesting State approval for the development of property located at 304 Gull Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. The projected deadline for making a decision on your permit application is May 25, 2016. An additional 75 -day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 11, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A -119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the, property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. erely, 1 f 9son Dai� Field Representative cc: MHC file WiRO file Joanne Steenhuis, DWR Liz Hair, USACE State of North Carolina I Environmental Quality ] Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 «) ., . � � \ �: � >� «: / ,� © ® § . ., ,g GI <� d� ` � �� � � �� .: . . . . *� - � � \ }�� � . . _ � : ? f � i.� ®\§» \ & & v = � �} : \� �\:�� c ° a- ' } # ? Y . .. /- « < . � � \ . � � \ � » > < / \ � \ < � `` � ' � \ ! \, �) © ®-� \ + \ � � � \ k� � � : � : � d �� t � \� \ / \ w � � � ` . _ # � �. .� y , . y� �^. �\� / � d � i\ \ � � � � y .\� . . : . � �c \` [ , , 1 � �� � \� ; y � � : � \ � � : �, ©� � � 1. k : \ �� » � � - % �� §{ a \ .� � .�� � : ` � � . � � * � \ _ \ � *: 2 \ . � \ . ¥ � } \ / \ � .\ �� . ; ^ ^ ^ ~ .# �: :. MAJOR PERMIT FEE SCHEDULE �(- Tomlinson / Pender/ $400 / #9782 DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands oro en water areas: $250 100%($250) 0%($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands oro en water areas: $400 100%($400) 0%($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if &B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100%($250) 0%($0) III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100%($400) 0%($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality oraquatic life: $400 60%($240) 40%($160) III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60%($240) 40%($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/oro en water areas: $475 60%($285) 40%($190) DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Tom Tomlinson 2. LOCATION OF PROJECT SITE: 304 Gull Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. Photo Index — 2006: 26-6635, V, 2-3 2000: 26-338, C -D 3 1995: 26-321, I-7 State Plane Coordinates - X:2401592 Y:214559 Lat:34°22'09.88"N Long: 77°40'06.42"W INVESTIGATION TYPE: CAMA/Dredge and Fill INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/03/2016 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received Complete — 3/11/2016 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Onsite septic Planned - None (F) Type of Structures: Existing — Single Family Residence, existing bulkhead and private docking facility that includes an access pier and floating dock Planned — Bulkhead replacement (G) Estimated Annual Rate of Erosion: N/A Source- N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OT ICER (A) Vegetated Wetlands - Coastal 60 sq. ft. (filled) (B) Non -Vegetated Wetlands 223 sq. ft. (Open water) (filled) (C) Other — High ground 4,014 sq. ft. (disturbed) (D) Total Area Disturbed: 4,297 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new bulkhead immediately waterward of an existing, failing bulkhead. Tom Tomlinson Page 2 PROJECT DESCRIPTION: The project site is located at 304 Gull Road, adjacent to Old Topsail Creek (also known as "Nixon Creek"), adjacent to the AIWW, in Hampstead, Ponder County. To find the project site, travel north (from Wilmington) on US Highway 17 to Country Club Road, in Hampstead. Turn right onto Country Club road and travel approximately 1.0 miles before bearing right on Olde Point Road. Continue traveling on Olde Point Road until you come to the intersection of Olde Point Road and Olde Point Loop Road. Turn right onto Olde Point Loop Road and then take the next right onto Gull Road. The subject property will be located on the right hand side of the road at house number 304. The subject property is developed (residential) and has approximately 223 linear feet of shoreline bordering Old Topsail Creek. Elevations at the property range from 3' to 13' above the normal high water (NHW) line. The size of the tract is approximately 31,979 sq. ft., or 0.73 acres. Mature oaks, lawn grasses and ornamental landscaping make up the high ground vegetation, and Smooth Marsh Cordgrass (Spartina alterniora) accounts for the adjacent wetland vegetation. Just waterward of the existing bulkhead, the applicant maintains a private docking facility which consist of a short access pier and an 8' x 60' section of floating dock (running parallel to the shoreline). Three (3) small scattered patches of Smooth Marsh Cordgrass existjust waterward of the existing bulkhead. Currently, the normal high water line approximates the existing bulkhead. The property is located in a residential subdivision at the head of a man-made canal. Neighboring properties maintain simple piers/docks and the shoreline surrounding the entire basin is bulkheaded. Old Topsail Creek (or Nixon Creek) is a channelized waterbody which extends from the AIWW, north to the Olde Point golf course. The primary run of the creek has been historically dredged (under CAMA Major 181-04), with permit authorization(s) dating back to the 1960's. The main channel is approximately 9,000 linear feet and runs along the eastern side of Old Topsail Creek. The width of the channel varies, depending on location, but the average width is approximately 100'. Access to the creek is provide by two entrance channels located along the north eastern side of the creek, both running perpendicular to the main channel. The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIW W and Olde Topsail Creek are classified SA and SA-ORW by the Division of Water Quality. The waters immediately adjacent to the property 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 install a new bulkhead immediately waterward of an existing, failing bulkhead. The existing bulkhead is comprised of timber and was installed approximately 20-25 years ago. The existing tie -backs that support the wall have deteriorated/separated which has caused catastrophic failure to the wall's vertical timber panels. In addition, excessive rains during the winter of 2015/2016 have further exacerbated the wall's failure, causing separation of the high ground behind the wall. The applicant wishes to resolve the walls failure by constructing a new wall immediately waterward of the existing wall, at an average of P offshore. As a result of the new bulkhead construction, approximately 60 sq. ft. of coastal wetlands (S. alterniora) would be impacted (filled), as would approximately 223 sq. ft. of open water area. Tom Tomlinson Page 3 High ground disturbance associated with the applicant's proposal would include grading and filling approximately 4,014 sq. ft. (dead -men and anchoring). 10. ANTICIPATED IMPACTS: The proposed bulkhead would fill approximately 60 sq. ft. of Coastal Wetlands (S, alterniJlora), and approximately 223 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed bulkhead would extend approximately 1' beyond the existing wall. Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: 3/21/2016 Office: Wilmington Southeastern Coastal Construction Company, Inc. DBA Southeastern Marine Contractors Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured 910.538.9737 6252 Towles Rd, Wilmington, NC 28409 March 6, 2016 Project Name: Tom Tomlinson Project Narrative Mr. Tomlinson would like place a vinyl bulkhead in front of his existing wood bulkhead which has failed. Thank you, Stephen B. Conway, Owner Southeastern Coastal Construction Company, Inc. 910.538.9737/sconway@ec.rr.com UCM MP -1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Business Name Project Name (if applicable) iC4 ` i' ' � \` Agent] Contractor 1: First Name R r. Last Name Applicant 1: First Name MI MI Last Name Mailing Address ] PO Box City Slate v PhoFne o. 2 Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. FAX No. Contractor H Mailing Address d rell PO Box City Statek ar Slate ZIP mpit ZIP Country 1 Phone No. �? y .s7. „1'�!• /'J ext FAX No. ' ¢F5 ej� Y� 1 { 'o's,":_ Street Address (if different from above) City State - ZIP Email 2. Agent/Contractor Information Business Name sok�A' . Ft-n\ iC4 ` i' ' � \` Agent] Contractor 1: First Name MI Last Name Agent/ Con ractor 2: First Name MI Last Name Mailing Address ] PO Box City Slate v PhoFne o. 2 ZIP Phone No. 1 CC FAX No. Contractor H Street Address (if different from above) City Slate ZIP mpit E `dr1±'s <Form continues on back> Form DCM MP -1 (Page 2 of 4) 3. Project Location r,rru�ri wn iof Major Development'Permit County (can be multiple) Street Address , f ), ? State Rd. # SubdivisionName r City State Zip p 7� iidJ!1 Phone No Lot No.(s) (if many, attach additional page with list) ,g a. In which NC river basin its the project located? b. Name of body of water nearest to pro 'posed project 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 .fi T Wl )f\_� e. Is proposed work within city limits or planning jurisdiction? I. if applicable, list the planning jurisdiction or city limit the proposed ❑Yes XNo work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire .batt (sq.ft ) c. Size of individual IOI(s�) d - d. Approximate elevation of tract above NHW (normal high water) or re NWL(normal wafer level) (It many lot sizes, please attach additional page with a list) t�7aNHW or ❑NWL Vegetation on tract i f. Man-made features and uses now on tract i 1% ( ✓' re- g. Identify and describe the existing land uses adiacent to the proposed project site.pC� h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? a (Alt ch zoning compliance certificate, if applicable). # �` n ° ]Yes ❑No ❑NA ia; � r rz' P iq : I' j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes w No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []NO If yes, by whom? iris the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No €_ NA National Register listed or eligible property? �, %. , ')JI'w tyti;l; 2i <Form continues on next page> rorm uum mr-i traye o w 4) AYYLIGAI IUN for Major Development Permit m. (i) Are there wetlands on the site? [ides ❑No (ii) Are there coastal wetlands on the site? tzlyes ❑,,ppNo (iii) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes MN' (Attach documentation, if available) `l p Std n. Describe existing wastewater treatment facilities. b' C n C- zi Y o. Describe existing drinking water supply source. of equipment and where it is to be stored �" f w C,�9 p. Describe existing storm water management or treatment systems. _ fr y ry,` R 5. Activities and Impacts a. Will the project be for commercial, public, or private use?Commercial ❑Public/Government I�Cprivate/Ccmm b. Give a brief description of purpose, use, daily operations of the project when complete. r' P r i C i `l p Std 4F rf, I�£ ! b' C 3 zi Y 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 �" f 99t 4 Cl`C9 X C'r'S-V 4: J. List all development activities you propose. {{pp. , fr' .4 JrFn_l� _�.�(F'F� r e, Are the proposed activities maintenance of an existing project, new work, or both? I. What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes t No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the stale. ILI- L Will wastewater or stormwater be discharged into a wetland? ❑Yes e ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Isjhere any-mitfption prbpos,ed? []Yes [}, o ❑NA I�'ye5, attach` mingationrpioposal, o r`.1{ f. .`I <Forrn continues on back> _X_ rorm UW0 nnr- I treye v ul YI -1 r 111,1v11 "I 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) - to 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. J. 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. I. 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 Z'.ISS+Iy,i g. ZACt`-' a6 /c -/i Lg1Vp,Svf Phone No, J Address .5QcJ-( &14m 1p,C/ /�r LiloyrrK/! 96eV1 / �^'�'G ��lJ Name—e ��G�/1A��/ Phoone No. .. Address 141t (W1 /%Olt2T L-t'L7YJ 7_� Pj ;X d13 14 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 dales. 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 wilt allow only me oeveiopmem aesunueu In me 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 stale 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 Pd - <w Print Name /0_842 ''/ "��/ 411e1�✓`l-S__Q/� Signature (14 v `�L=t7011c" 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 E)DGM MP 4 3tfuctofes Information Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1. EXCAVATION ��his section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated include 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 OSS OWL ❑None (ii) Describe the purpose of the excavation in these areas. d. High -ground excavation in cubic yards. 9 2. DISPOSAL OF EXCAVATED MATERIALhis section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). or er w (lands (W L)? If any boxes are checked, provide the m er feet affected. ❑SAV ❑SB _ OWL ❑None (it) Describe the purpose of disposal in these areas: J, (i) Will a disposal area be available for future maintenance? Oyes ❑No ❑NA (it) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑Na ❑NA (ii) If yes, how much water area is affected? Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ��his section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated include 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 OSS OWL ❑None (ii) Describe the purpose of the excavation in these areas. d. High -ground excavation in cubic yards. 9 2. DISPOSAL OF EXCAVATED MATERIALhis section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). or er w (lands (W L)? If any boxes are checked, provide the m er feet affected. ❑SAV ❑SB _ OWL ❑None (it) Describe the purpose of disposal in these areas: J, (i) Will a disposal area be available for future maintenance? Oyes ❑No ❑NA (it) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑Na ❑NA (ii) If yes, how much water area is affected? 4( 3. SHORELINE STABILIZATION ❑This section not applicable (ll development is a wood groin, use MP -4 - Structures) yu a. Type of shoreline stabilization: b. Lencgth:=- C. a ulkhead ❑Riprap ❑Breakwater/Sill ❑Other_..__,_ Average distance waterward of NHW or NWL n, qc 9 Type of stabilization material: ry t: e, f g. Number of square feet of fill to be placed below water level. Bulkhead backfillg_>`- Riprap _ Breakwater/Sill Other Sfi. Source of fill material. i Width. y d. Maximum distance waterward of NHW or NWL: 11) I. (i) Has there been shoreline erosion during preceding 12 months? Dyes qNo DNA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will rill material be brought to the site? Yes L]No []NA If yes, (ii) Amount of material to be placed in the water V (iii) Dimensions of fill area��o-y (iv) Purpose of fill V 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? c_ (i) WIII navigational aids be required as a result of the project? ❑Yes ❑No DNA (ii) If yes, explain what type and how they will be implemented. Date Project Name�jf`__ t ytt d _b____(i). Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of squarrr�ee (feet affected. ®❑WL _'U ❑None (ii) Describe the purpose of the fill in these areas: —ba t( b. What type of construction equipment will be used (e.g., dragline. backhoe, or hydraulic dredge)? d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ❑No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name Applicant Signature Fm MiM X N C) C) 1 y 7777777