Loading...
HomeMy WebLinkAbout20141159 Ver 2_CAMA Permit Application_20160706Coastal Management ENVIRONMENTAL QUALITY July 6, 2016 PAT MCCRORY Gocemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director RECEIVED/NCDENRIDWR TO: Chad Coburn JUL 0 6 2016 401 Wetlands DWR-WiRO. Water Quality Regional Operations Sectiai Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa).ncdenraov Fax: 395-3964 (Courier_ 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Rand Nickerson MM 2-15 Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, New Hanover County Proposed Project: to modify State Permit No. 2-15 by construction of a private docking facility and new excavation of an access channel and basin Please indicate below your agency's position or viewpoint on the proposed project and (return this form to Heather Coa s at the address above by July 29, 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. 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DATED F NON AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: _Mr. Rand Nickerson Mailing Address _317 Bradley Creek Point Road, Wilmington, NC 28403 Phone Number: 847-921- 9865 Email Address: I certify that I have authorized Land Management Group, Inc._, Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Modification of CAMA Permit 2-15 for changes to single family dock and new dredging at my property located at 317 Bradley Creek Point Road, Wilmington , in _New Hanover County. / furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. 1���� N>LR��AJ Print or Type Name Ow V11"64 4-® 7Title Date R E CEIVE C,, DC"M ybl+ MJN NC REC=Iv � lUhi 17 JUN 2 7 91016 This certification is valid through _12_/_31_/_2016_ MAJOR PERMIT FEE SCHEDULE 317 Bradley Creek Point Road/ $400 #736 /NH Co's 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) 11. 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 A,13, 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 a lied: $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 APPLICANT'S, NAME: Rand Nickerson c/o Land Management Group, Ina Major Modification to State Permit No. 2.15 2. LOCATION OF PROJECT SITE: 317 Bradley Creek Point Road, in Wilmington, New Hanover County Photo Index -2006: 22-7423, H -J, 5-7 2000: 22-272, H -J, 4-7 1995: 22-254, H -J, 5-7 State Plane Coordinates - Y: 170050 X: 2356211 GPS File: N/A Let: 34°12'37.11"N Long: 77149'18.49"W 3. INVESTIGATION TYPE: CAMA/ D & F 4. 5. I] INVESTIGATIVE PROCEDURE: Dates of Site Visit -05/13/2016 Was Applicant Present—Yes (agent) PROCESSING PROCEDURE: Application Received — Completed 06/27/2016 Office —Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Developed (residential)/Conservation (B) AEC(s) Involved: CW, PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —Municipal Planned - None (F) Type of Structures: Existing - Single-family residence Planned — New private docking facility and excavation of a channel and basin (G) Estimated Annual Rate of Erosion: NIA Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED -ED LOTHER (A) Vegetated Wetlands (Shading) 3,000 sq. ft. (B) Non -Vegetated Wetlands Open Water 10,220 sq. ft. 663 sq. ft. (C) Other — Upland 1 13,068 sq. ft. (D) Total Area Disturbed: 26,951 sq. ft. (0.618 acres) (E) Primary Nursery Area: No (Permanent Secondary) (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a private docking facility and excavate a new access channel and basin within Bradley Creek. Rand Nickerson Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 317 Bradley Creek Point Drive, in Wilmington, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Turn right onto Military Cut -Off Road and travel south approximately 0.5 miles until you reach Airlie Road. Turn left onto Airlie Road and travel approximately 0.7 miles east until you reach Bradley Creek Point Road. Turn right onto Bradley Creek Point Road and continue until the road forks. Turn left at the fork and continue until you reach the property of interest, which will be located on the left. The property is approximately 0.94 acres and is currently developed with a two story single-family residence, which borders the confluence of the AIWW and the northern side of Bradley Creek, in Greenville Sound. The subject property is bordered by residential properties to the north and south. Vegetation on the site consists primarily of maintained lawn grass and ornamental landscaping.The property ranges in elevation from 5'-10' above normal high water (NHW) with approximately 160 linear feet of shoreline. There is a narrow band of section "404" type wetlands located on the watenaard side of the property, which consists of Wax Myrtle (Myrica cerifera), Marsh Pennywort (Hydrocotyle umbellata), and Groundsel Bush (Baccharis angustifolia). Coastal Wetland species located adjacent to the property include, but are not limited to; Black Needle Rush (Juncus roemarianus), Sea Lavender (Limonium, spp.), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina alterniflora) in an area approximately 400' in width. The applicant currently maintains State Permit No. 2-15, which was transferred on October 6, 2015 from the previous property owner (Haley) for the construction of a private docking facility. To date, the construction of the docking facility has not been initiated. State Permit No. 2-15 is due to expire on December 31, 2018. Further, a previous property owner (W. Faris) submitted a CAMA Major Permit application in 1997 for the construction of a private pier, which included a new boat basin and access channel towards the AIWW. Based on the file review, it was indicated by the N.C. Division of Coastal Management that the new dredging component of the application was at the time subject to the N.C. State Environmental Policy Act (SEPA), which it appears was not completed. The application did include riparian lines for the proposed docking facility in relation to the adjacent riparian owners, which currently maintain private docking facilities. The waters of Bradley Creek, which are located adjacent to the property, are classified as SC by the Division of Water Resources. This area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to construct a private docking facility and excavate a new access channel and basin within Bradley Greek. The reconfiguration of the previously authorized docking facility consists of a new access pier, measuring approximately 506' in length by 6' in width, which would extent towards the eastjust north of the confluence of Bradley Creek and the AIWW, and just north of the existing docking facility to the south. The pier would terminate onto a fixed covered platform, measuring approximately 20' in length by 12' in width, oriented towards the north creating an I -shaped" configuration. An access ramp would then lead onto new floating dock, measuring approximately 26' in length by 6' in width, which would run parallel to the shoreline. The floating dock would turn 90° towards the highground a distance of 20' in length by 4.5' in width, creating an "L-shaped" docking configuration. A new boatlift, measuring approximately 13' in length by 13' in width would be installed on the southern side of this floating dock. The application states that the proposed docking facility would accommodate up to two (2) vessels including transient dockage and kayak use; however, it appears there is a potential of slips. The application states that anew boat basin, measuring approximately 60' in length by 61' in width to a final project depth of -4' @ NLW would be excavated within the location of the proposed docking facility. A new access channel is also proposed, which would measure approximately 330' in length by 20' in width to a final project depth of -4' @ NLW, which would be the same depth as the connecting waters of Bradley Creek. The application states that the dredging limits would maintain a 10'setback from the existing marsh substrate. The material would be excavated mechanically by bucket -to -barge method, which would result in the removal of approximately 924 cubic yards of material. The excavated material would then be hauled to a privately owned spoil island located approximately 0.9 miles south of the project site at the confluence of the AIWW and Motts Channel (US Army Corps of Engineers (USACE) Disposal Site No. DA -0248); Rand Nickerson Page Three The applicant also proposes to install eight (8) channel markers within the access channel from the mouth of the creekto the basin area. The two most waterward markers would be located at the mouth of the channel and would not be located any fartherthan the existing channel markers (Green Buoy#3 and Red Marker #4) within Bradley Creek (See Sheets 1 through 11 of 11 and Project Narrative). 10. ANTICIPATED IMPACTS The proposed dredging would disturb approximately 10,220 sq. ft. of shallow bottom area, and would result in the removal of approximately 924 cy of material from the existing basin and access channel system. The application states that the dredging limits would maintain a 10' offset from the location of the existing Coastal Wetlands. The disposal of the material would impact approximately 13,068 sq. ft. of highground, which would be located on an existing spoil island at the confluence of the AIWW and Motts Channel (USACE Disposal Site No. 0248), which is commonly used as disposal site by local marine contractors. The proposed eight (8) channel markers within the access channel do not appearto impede established navigation within this area of Bradley Creek. The two most waterward markers would be located at the mouth of the channel and would not be located any farther than the existing channel markers (Green Buoy #3 and Red Marker #4) within Bradley Creek The proposed access pierwould shade approximately 3,000 sq. ft. of Coastal Wetlands, consisting primarily of Smooth Cordgmss (Spartina akerniflora). The remaining proposed fixed pier, covered platform, floating docks, boatlift and channel pilings would incorporate approximately 663 sq. ft. of Estuarine Waters and Public Trust Area. The proposed structures would be located within the applicant's riparian access area and would not encroach into the adjacent 15' Riparian Corridor Setback requirement. As stated, the riparian lines were established using in the same lines in the 1997 Faris CAMA Major Permit application. The structures would extend approximately 70' into a waterbody, which measures approximately 500' across. This distance conforms to the 114 width rule. Based on the provided drawings, the proposed structures would not encroach into the 80' setback from the AIWW federal channel. The proposed structures would potentially accommodate up to three (3) vessels at this location within proposed water depths of approximately -4' @ NLW once excavation is completed. Minor increases in turbidity should be expected during the dredging event, however, no long term adverse impacts are anticipated. Submitted by: Robb L. Mairs Date: July 6, 2016 Office: Wilmington 317 Bradley Creek Point Road, New Hanover County, North Carolina Request for Major Modification of CAMA Permit 2-15 Project Narrative Mr. Rand Nickerson — owner/applicant June 23, 2016 The project site is a single family lot located at 317 Bradley Creek Point Road in the City of Wilmington, New Hanover County. The property's riparian corridor sits near the intersection of Bradley Creek and the Atlantic Intracoastal Waterway (AIWW). Riparian corridor limits were defined by the NCDCM in previous permit application documents to extend to the AIWW. Waters of Bradley Creek at this location are classified as "SC' by the North Carolina Environmental Management Commission. Waters of the AIWW at this location are classified as "SA". The NC Division of Marine Fisheries classifies Bradley Creek as a permanent secondary nursery area. The applicant, Mr. Rand Nickerson, purchased the property and transferred CAMA Major Permit 2-15 which had been obtained by the previous owner. At that time, a single family pier and dock had been authorized but were not constructed. Sheet 2 of 3 of the original permit application (dated October 15, 2014) shows currently approved structures to include: (1) an approximately 500' long fixed pier, (2) a 12' by 16' fixed gazebo, and (3) a 6' by 16' floating dock for side -to dockage. Water depths at the location of the approved floating dock were observed by LMG at low tide to range from approximately -1 NLW to -2' NLW. No dredging was requested with the original permit application. Mr. Rand requests to modify the permit to allow for dredging to the Bradley Creek channel in order to provide safe, navigable access to the dock. Slight modifications to the dock are requested to allow for the addition of one boat lift and extension of the floating dock. Proposed structures include: (1) an approximately 506' long fixed pier, (2) a 12' x 16' fixed gazebo, (3) a boat lift with a 4.25' by 20' floating dock for access, and (4) a 6' by 24' floating dock. The 24' long floating dock would allow for temporary tie-up by the owner and his guests, kayak launch and retrieval, and foot access to the creek. Stairs from the fixed pier to the unvegetated creek bottom (to be located beyond the marsh edge) are also proposed. Dredging to a final depth of -4' NLW is proposed around the boat lift and floating docks, and within an area large enough to accommodate backing and turning a boat. A 20' wide channel is proposed to Bradley Creek and would be roughly 3'long. Sediment in the proposed dredge footprint is sand with very little to no shell hash. Spoil will be placed in the existing, diked spoil disposal island owned by Shore Acres, LLC and located on the AIWW approximately 0.5 miles southeast of the property. An email from Mrs. Lawrence (on behalf of Shore Acres, LLC) to the dredging contractor is enclosed with this application and provides permission to utilize the spoil disposal area. Dredge area is estimated to be 10, 514 sq.ft. and dredge volume is estimated to be 924 cy. A total of eight (8) navigational aids are proposed along the channel. Navigational aids will be timber pilings and will feature reflectors for visibility at night. In order to avoid impacts to fisheries resources within Bradley Creek's secondary nursery waters, LMG conducted a shellfish and submerged aquatic vegetation survey. The option of dredging to the AIWW was also evaluated as an alternative. Transects along a potential dredge rt channel to both Bradley Creek and the AIWW were raked at regular (^'20') intervals for sNf}i', i)CM vi IU it7R1 9,'1 7t'4, and SAV. No shellfish or SAV resources were found along either transect. Shell was present on the island south of the proposed pier. Oyster beds were located within coastal marsh on the island west of the proposed pier and along a portion of the property's marshline. LMG mapped shell limits, coastal marsh limits, and joint marsh/oyster limits along these shorelines. A mimimum ten foot dredge offset from these resources is proposed to allow for stablization of the dredge cut. Water depths observed by LMG indicated a dredge channel to the AIWW would be at least 456' long. Dredging to the AIWW would make the channel approximately 150' longer than a channel to Bradley Creek. Combined with the reduced dredge footprint, dredging to Bradley Creek will avoid direct impacts to marsh, shell bottom and SAV. The proposed final depth is not expected to significantly alter the habitat, since much of the proposed channel area has a current depth of approximately-2'NLW. In addition, with large grain sizes (sand) it is anticipated that any turbidity from dredging would settle quickly, and impacts to the water column would be temporary. Opportunistic benthic invertebrates are expected to quickly recolonize the dredged area based on studies of similar dredging conducted for beach nourishment projects. Aerial photography from 1956 prior to dredging of the navigation channel in Bradley Creek, shows natural braided channels existed within the property's riparian corridor. Aerial photographs from 1966 and 1981, following dredging of the Bradley Creek channel, show a natural channel remaining in approximately the location of the currently proposed channel. The historic channels appear to run in a more northeast -southwest direction. However, a north - south orientation is currently proposed to minimize impacts and cost. Aerial photography from 2002 shows "deep water" existed around the proposed dock structures and extended towards Bradley Creek rather than the AIWW, indicating access from this property has historically been to Bradley Creek rather than the AIWW. No upland development is proposed at this time, and all existing uses of the property remain unchanged. RECEIVED DCM WUMINGTCN, UC JUN° °", ',M� :, , ®CM MP -1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landownerh7formation . Business Name Project Name (if applicable) N/A 317 Bradley Creek Point Road � �yy ! ✓ r1r) C>2 J S Applicant 1: First Name MI Last Name Agent/ Contractor 1: First Name Mr. Rand Last Name Nickerson Laura Applicant 2: First Name MI Last Name Agent/ Contractor 2: First Name If additional applicants, please attach an additional page(s) with names listed. Last Name Mailing Address PO Boz City PO Box State 317 Bradley Creek Point Road 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Country Phone No. - FAX No. 28403 USA 847-921-9865 ext. Street Address (if different from above) City State ext. ZIP same 910-452-0060 Email Street Address (if different from above) rnickerson@opinionlab.com City State 2. Agent/Confractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Laura Stasavich Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910-452-0060 Street Address (if different from above) City State ZIP same Email lstasavich@lmgroup.net <Form continues on back> RE rlw_- M� itjl `�, ;1 ?t115 252.606-2600 0: 1-068-41RCOAST :� vv va v+rr.w��easRaieaeanagleuvuero�.rae@ Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 317 Bradley Creek Point Road d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip Bradley Creek Point Wilmington NC 28403 - Phone No. Lot No.(s) (if many, attach additional page with list) 847 - 921 - 9865 ext. One existing, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Bradley Creek; AIWW/Greenville Sound 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 AIWW/Greenville Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. City of Wilmington 4. 'Site Description a. Total length of shoreline on the tract (ft) �b. Size of entire tract (sci t.) Approx. 211 Ift (along DCM-approved NHW) 0.9356 -ac per NHC tax records c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal waterlevel) (If many lot sizes, please attach additional page with a list) — 4' based on NCDOT Lidar ®NHW or ❑NWL e. Vegetation on tract Lawn and landscaping on upland portions of the lot. Salt marsh species within marsh (Spartina patens, Juncus roemerianus, Limonium carolinianum, Spartina alterniflora, etc.). f. Man-made features and uses now on tract Single family home with upland as landscaped yard. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential; single family lots. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 (residential) (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? REGEVIED SCM WIL OINIG l CON, NC <Form continues on next page> JUIN 2, 'i! 2016 252-8e8•2808 22 9-868-4l :: www.nccoastalrmanagemant.not Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? _ ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal services. o. Describe existing drinking water supply source. Municipal services. p. Describe existing storm water management or treatment systems. Sheet flow across lawn of single family lot. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Proposed modifications to approved structures and new dredging will allow for dockage of a small runabout and kayak. Use will be residential, recreational use by the owners and their invited guests. Primary use of the dredge channel to Bradley Creek will be the same, although the existing dock adjacent to the west will also be able to utilize this channel. 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. Bucket to barge (clamshell dredge) equipment anticipated. If necessary, equipment may be moored in place overnight. Otherwise, equipment will be stored at contractor's dock. d. List all development activities you propose. Reconfiguration of previously authorized single family dock (not constructed). Structures will include fixed access pier, 12' x 20' fixed gazebo, one boat lift, a 4.25'x 20' floating dock along the lift, and a 6'x 26' floating dock for temporary, side -to dockage and kayak launch. Dredging within subtidal portions of the property's riparian corridor, extending from the proposed dock to the Bradley Creek Channel; final project depth of 4 MLW. Eight pilings for navigation. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? No upland disturbance at this time ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No [INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There are no existing direct discharges to waters of the state and none are proposed. i. Will wastewater or stormwater be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. URE IV`EDXVI VI!R '^ <Form continues on back> i I J N ) _1 -2 al 1( 252-806-28e5 :. 9-888d4RCOAST :: www. neecastallmisnagement. net Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable; must be submitted in order for the application package to be complete.Items (a) — (t) are always applicable to any major development application Please consult the application =instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name To the West Ms, Katherine Stafford c/o(Mr. Tom Cunr lhgham Phone No. Address 1184 Arboretum Drive Wilmington, NC Name To the East: Steve and Margaret Diab Phone No. Address 311 Bradley Creek Point Road, Wilmington, NC 28403 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. CAMA Major Permit 2-15 (valid at time of this application) and associated USACE and NCDWR permits/certifications. h. Signed consultant or agent authorization form, if applicable. 1. 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. I understand that any permit issued in response to this application will allow only the development described in the 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 tl7e information provided in this application is truthful to the best of my knowledge. Date (0 /t3 / 9611& Print Name _Land Management Group, Inc. Agent Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts :' v =i ;=G ❑DCM MP -3 Upland Development DCAA'1VILI+'MNG,._, T ;,; NC ®DCM MP -4 Structures Information Ili2 `' Lj I49 282-808.8808 :: 9=888.4RC®AST r: www.necoastatlmanagament,nat 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. a. Amount of material to be excavated from below NHW or NWL in cubic yards. Estimated 924 cy (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 ❑SB ❑WL ENone (ii) Describe the purpose of the excavation in these areas: Marsh and oyster/shell limits adjacent to the project area have been field located, and a minimum 10' dredging offset is included to avoid impact to the resource. b. Type of material to be Sands (submerged bottom of Bradley Creek) d. High -ground excavation in cubic yards. None 2., DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Spoil disposal island on the AIW W approx. 0.5 -mile BE of Area within Shore Acres Co. parcel R06300-002-003-000 site. Shores Acres Co. property (R06300-002-003-000) of approx. 0.3 -acres. behind Corps' AIWW_DA_0248. c. (1) Do you claim title to disposal area? []Yes ®No ❑NA (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 other wetlands (WL)? If any boxes are checked, provide the d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No DNA (ii) If yes, where? Use of the Shore Acres Co. disposal area may be requested for future maintenance dredging. Otherwise, disposal for future maintenance dredging will be specified by the dredging contractor. f. (1) Does the disposal include any area in the water? ❑Yes ®Nq RECTEiVED (ii) If yes, how mudli Wae�Lareia'isaflec�ida lily\i '3 '!J:fi 252-606.2606 :: 1.868-4NC®AST :: %vwwr.nCcoasta1Mana9ernern.4et revised: 12//26105 Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 3$Qlft N/A irregular N/A N/A N/A N/A Width avg 20' N/A irregular N/A N/A N/A N/A Avg. Existing -2.0' NLW N/A -1.0' N/A NA NA N/A Depth Final Project 4' NLW N/A 4' MLW N/A NA NA N/A Depth a. Amount of material to be excavated from below NHW or NWL in cubic yards. Estimated 924 cy (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 ❑SB ❑WL ENone (ii) Describe the purpose of the excavation in these areas: Marsh and oyster/shell limits adjacent to the project area have been field located, and a minimum 10' dredging offset is included to avoid impact to the resource. b. Type of material to be Sands (submerged bottom of Bradley Creek) d. High -ground excavation in cubic yards. None 2., DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Spoil disposal island on the AIW W approx. 0.5 -mile BE of Area within Shore Acres Co. parcel R06300-002-003-000 site. Shores Acres Co. property (R06300-002-003-000) of approx. 0.3 -acres. behind Corps' AIWW_DA_0248. c. (1) Do you claim title to disposal area? []Yes ®No ❑NA (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 other wetlands (WL)? If any boxes are checked, provide the d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No DNA (ii) If yes, where? Use of the Shore Acres Co. disposal area may be requested for future maintenance dredging. Otherwise, disposal for future maintenance dredging will be specified by the dredging contractor. f. (1) Does the disposal include any area in the water? ❑Yes ®Nq RECTEiVED (ii) If yes, how mudli Wae�Lareia'isaflec�ida lily\i '3 '!J:fi 252-606.2606 :: 1.868-4NC®AST :: %vwwr.nCcoasta1Mana9ernern.4et revised: 12//26105 Form DCM MP -2 (Esxcavai@t®n alnd F't@l, Page 2 of 3) number of square feet affected.. ❑CW ❑SAV ❑SB _ ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A N/A 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or.NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No [INA (il) 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 t (Excluding'Shorelina Stabilization); a. _ (i) Will fill material be brought to the site? ❑Yes ❑No [INA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion b. controlled? Excavated material will be dewatered on the barge and placed In an existing spoil disposal island with diked containment (per contractor). C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No [INA (ii) If yes, explain what type and how they will be implemented. N/A submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ OWL []None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g.. dragline, backhoe, or hydraulic dredge)? Bucket to barge (clamshell) dredging; pile driver for dock construction. d. (i) 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. RECEIVED N/A DCPA VVIL RATINGTON, NC IIIN27 ?1 262-806.2606 n 9-888-4HCUAST :: www.ncconstalmonagement.net revised. 92126/06 Form DCM MP -2 (Excavation and Fiii, Page 3 ®9 3) RE1,:_)`%ED 252-806=2666 :: 9-®66.4RCO ST :e av_ver.ea�una�kwl¢aa�vaa�e5�aeva4.er�fr reviss& 92/26/66 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. ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ❑Public/Government ®Private/Community -❑Yes ONO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 fixed access pier: 1 floating dock If yes: (iii) Length — 506 pier: 26' floating dock (il) Number 1 along side lift (iv) Width 6' pier; 6' floating dock (iii) Length 20' (v) Floating ®Yes ❑No (iv) Width 4.25' (v) Floating ®Yes ❑No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (li) Number 1- roofed (ii) Number 1 (iii) Length 20' (iii) Length 12.5' fr outside piles (iv) Width IT (iv) Width 14.0' fr center of piles (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. - 1 boat lift and 26 linear foot dock with side -to dockage for ❑ Full service, including travel lift and/or rail, repair or temp tie-up and kayak launch maintenance service (ii) Number of slips existing ❑ Dockage, fuel, and marine supplies 16 Ift of side -to dock currently authorized but not ❑ Dockage ("wet slips") only, number of slips: _ constructed. ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: i, Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required [--]Other; please describe: k. Typical boat length: 1 T to 20' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). small recreational runabout: kayak I. (!)Will the facility be open to the general public? []Yes ONO PiECEIWE 3_)Ngln/IL10INGTCIN,_ e 252-800-280a": 9-888-4RCOAST ;: roerissde 12127106 F0TM ®CM P-4 (Stvincteuves, Page 2 of 4) 2. ; DOCKING FACILITY/MARINA OPERATIONS .0 This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ L Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery areal' ❑Yes ❑No 252.606=2606 a, 9=6664RCOAST sa w ww.ricconstalm aneee!meeniCnet revised. 12/27/65 Forts ®C M Hi P®4 (Stvucctuve5, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑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. a. (i) Is the boathouse structure(s): [-]Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from ddpline dimensions. a. (i) Number (ii) Length _ (iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ❑Thissectionnot applicable a. Is the structure(s): ❑Commercial ❑Public/Government ®Private/Community c. Distance to be placed beyond shoreline — 30' to 225' Note: This should be measured from marsh edge, if present. e. Arc of the swing N/A b. Number 8 03 ilinas to be used as channel markers d. Description of buoy (color, inscription, size, anchor, etc.) Pilings ,ECEIVED EX'K! VVILIAIIPIG C, ,, la,,, 7. GENERAL JUN 2" 7 iair� 252=605=2aO8 :: 9=5554RC OAST vevlsedY 72/27/06 a. Proximity of structure(s) to adjacent riparian property lines 15' from western riparian line; 187' to eastern riparian line Note: For buoy or mooring piling, use arc of swing including length ofvessel c. Width of water body —594' from shoreline at dock across Bradley Creek e. (i) Will navigational aids be required as a result of the project? ®Yes ❑No [INA (ii) If yes, explain what type and how they will be implemented. 8 pilings to be placed along proposed dredge channel b. Proximity of structure(s) to adjacent docking facilities. — 156' to adjacent dock to west; — 455' to adjacent dock to east. d. Water depth at waterward end of structure at NLW or NWL ex depths range between -1.0' NLW to -2.0' NLW S. OTHER El rhis section not applicable ' a. Give complete description: RECEIVED lJGhp VVILf:41\Gl C i'. M' 252-808-2806:t 1=888-4111C®A5T :: revised: 12127/06 SITE P ft:• Base map from New Hanover County and ArcG1S online data. JUN "9 11 %0.10 1000 2000 00 mmmmmmw Project: Date: Revision Date: 317 Bradley Creek Point Road, Wilmington, NC 6/9/2016 LMG NNT noNe.. Mr. Rand Nickerson (owner/applicant) Scale: JoNumber: 4 r�.r,o�m.�����o„�t�a�r� 1„_2000' 066 Title: Major Modification CAMA Permit# 2.15 3905 Wilmington, Nortvilleh Avrolina2840 USGS Topographic Ma Drawn By: Sheet: te 15 Wilmington, North 0452-0001 3 tP LES 2 of 11 Telephone: 9'10-052-0001 WNghtSV/lle Beach yf 1 Base map from New Hanover County and ArcG1S online data. JUN "9 11 %0.10 1000 2000 00 mmmmmmw Project: Date: Revision Date: 317 Bradley Creek Point Road, Wilmington, NC 6/9/2016 LMG NNT noNe.. Mr. Rand Nickerson (owner/applicant) Scale: JoNumber: 4 r�.r,o�m.�����o„�t�a�r� 1„_2000' 066 Title: Major Modification CAMA Permit# 2.15 3905 Wilmington, Nortvilleh Avrolina2840 USGS Topographic Ma Drawn By: Sheet: te 15 Wilmington, North 0452-0001 3 tP LES 2 of 11 Telephone: 9'10-052-0001 WNghtSV/lle Beach ���? �� ? .������\\��\ .� . � � � , :��������m3 ����������� �JJOW MAK a 3 Ow Rp �? �r lAMA � �f ery y Y tY '`. 7 � 4 3 1 IRS �JJOW MAK a 3 Ow �? �r lAMA � �f y Y tY '`. 7 � 4 3 a 3 �? �r f y Y tY '`. Approx. Wetland Limit \\ %Approx. NHW (-211 Ift) \ `l clh 0 \ \\ a t �2 �9 b Waterward Edge 0� ?- ofMarsh/Oyster Complex ` \. Waterward Edge of Marsh/Oyster Complex Proposed Channel Marker (8 pilings total) Legend Property Lines- GIS parcel data Riparian Corridor Limit (approx) Bradley Creek Channel Edge (approx) Marsh Grass /Oyster Bed Complex Edge Coastal Marsh (no shell) Joint Wetland Limit (approx, mapped) 1 \, \ ya Waterward Edge \ \ of Marsh ®® sem\ Waterward Edge ` \ of Marsh/Oyster Complex 50 190 200 Approx. NHW (mapped) Ex. Depth Location (LMG) Proposed Dredging (-4' MLW final) Approx. Ex. -4' MLW Contour (LMG) Dredge Offset from Marsh/Shell (10') — HW— HW— Waterward Edge `\ ♦ _ of Marsh/Oyster \ \` ® Complex Proposed fixed platform, floating finger ® at lift, and floating dock total 481 sq.ft. of 1 dock area. Shoreline = 211 Ift. ♦ 6.0 1 Stairs to Ground Surface ♦\ `' 11 Foxed Gazebo \ s Fq4 1 ♦ \ w 4'x 20' Ramp ♦ \ 1 ♦ 115 ♦ \ 3 :�a' 6'x 24' Floating Dock (transient tie-up; kayak launch) \ Boat Lift ® \ Waterward Edge ® � of Marsh Waterward Edge at of Marsh/Oyster Proposed channel Marker ®i ® rpCt Complex (8 pilings total ®i®' ,L -v4l T:fllt 20 40 80 Plans are based on publicly available GIS data, including parcel boundaries and aerial photography. Depths are approximate and were field measured by LMG at an average low tide. Resource boundaries have been digitized from aerials and were ground-truthed by LMG and NCDCM. Riparian boundaries, channel edges, and depths are approximated for permitting purposes only. This is not a survey. 10' Dredge Offset (from marsh/oyster resource) Proposed Dredging to Final Depth -4' MLW 10,514 sq.ft. area Approx. 924 cy Access Channel 20'x 330' Proposed Channel Marker (8 pilings total) -7' "L \ _7, 6"'8fin 4 611// \ Dredging will tie into -4' MLW contour in Bradley Creek channel. Legend Property Lines- GIS parcel data Riparian Corridor Limit (approx) - - - - - Bradley Creek Channel Edge (approx) Marsh Grass /Oyster Bed Complex — - - — Edge Coastal Marsh (no shell) - - - - - - Joint Wetland Limit (approx, mapped) - - - - a 1 1 10' Dredge Offset \ t 'T (from marsh/oyster \ resource) \-\ 1b 44 \A. ®®'® 41 S 10' Dredge Offset -1 8 66• (from marsh/oyster 2' ♦ , ® ` \ resource) ®, I� I , I 2, l\ Approx. NHW (mapped) "w— ""'— Ex. Depth Location (LMG) X Proposed Dredging (4' MLW final) Approx. Ex. -4' MLW Contour (LMG) - - - - - Dredge Offset from Marsh/Shell (10') - - - - - RECEIVED DC 1 WILMINGTON, ON, I ii q Plans are based on publicly available GIS data, including parcel boundaries and aerial photography. Depths are approximate and were field measured by LMG at an average low tide. Resource boundaries have been digitized from aerials and were ground-truthed by LMG and NCDCM. Riparian boundaries, channel edges, and depths are approximated for permitting purposes only. This is not a survey. E N Waterward Edge Marsh and Shell 10' Offset 10.0—� Cross Section A 0 0+100 0+110 0+120 0+130 0+40 0+150 20' Wide J Box Cut All dredging to be a minimum of 10° from marsh and/or shell edge. 0+160 0+70 RECEIVED DCM WILIOING i CN, NC ry 6 6 LAIL Aperoxi nate MHW Approximue MHW 4 2 2 Approxi ate MLW A roxima a MLW 0 -2 -2 4 a mate —4 Exis in Grad -g -6 ropo ed Grade -8 -8 0+100 0+110 0+120 0+130 0+40 0+150 20' Wide J Box Cut All dredging to be a minimum of 10° from marsh and/or shell edge. 0+160 0+70 RECEIVED DCM WILIOING i CN, NC ry Aerial photograph downloaded from New Hanover County GIS data. 4 Aerial photograph downloaded from New Hanover County GIS data. xnsayv� x+'is t„n _ Approx. Location Proposed Dredging i r i f1 x e .d r �ax�`;� f .`-vas, �'•,#"",� .� at 5 zy p Aerial photograph downloaded from New Hanover County GIS data. Ej t 4 7 e_ RECEIVED DCfV VVIUOINGICR NO JUN 27 2016 v( �g0 c � e Aerial photograph downloaded from New Hanover County GIS data. 4 RECEIVED DCfV VVIUOINGICR NO JUN 27 2016 �: �„ '�� '� ';.t ,; .� �r. �� „ , .., ��; �.a -y ... -.. -..' . � r,� � . ., ,�._ � .: „ . �, Xs � 1 �l t s4 E �'. T.'- ^�"- � 4� jF�w ' I ' I < �y 1 i 1 u i t -