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HomeMy WebLinkAbout20170292 Ver 1_CAMA Application_20170315201 70292 Coastal Management ENVIRONMENTAL OUALITY March 10, 2017 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS reclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr.gov Fax: 395-3964 (Courier 0416-33) SUBJECT: CAMA Application Review Applicant: Robert Whitaker Project Location: 1122 Channel Blvd; adjacent to Banks Channel and Topsail Sound, in Topsail Beach Proposed Project: to construct a second access pier/docking faciliZ y Please indicate below your agency's position or viewpoint on April,17. 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. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert Whitaker, submitted by Trip Pippin (agent) 2. LOCATION OF PROJECT SITE: 1122 Channel Blvd., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Photo Index — 2006: 25-6588, K -L, 9-10 State Plane Coordinates - Lat: 34°21'39.13"N Long: 77'38'14.76"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 02/28/17 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 3/9/2017 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Topsail Beach/Pender County Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Onsite septic Planned - None (F) Type of Structures: Existing — Single Family Residence, bulkhead and private docking facility that includes a single access pier, covered platform, floating dock and boatlift. Planned — New access pier, platform, floating dock and two boat lifts. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 678 sq. ft. (incorporated) (C) Other — High ground (D) Total Area Disturbed: 678 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: SA Open: YES 8. PROJECT SUMMARY: The applicant proposes to install a second access pier, platform and floating dock, along with two boatlifts. Whitaker Page 2 PROJECT DESCRIPTION: Trip Pippin, on behalf of Mr. Robert N. Whitaker, has requested authorization for the construction of a second access pier, platform, floating dock and two boatlifts at 1122 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County. To find the property from the Wilmington Regional Office, take Highway 17 North from Wilmington approximately 20 miles and turn right on N.C. State Highway 210. Travel approximately 2.8 miles to the intersection of NC 210 and NC 50. Turn right onto NC 50/NC 210 and travel approximately 1.9 miles onto Topsail Island. Turn right onto S. Topsail Dr. /NC 50 and travel approximately 7.0 miles to Crocker Avenue and turn right. Travel approximately 0.10 miles on Crocker Avenue and the property will be located on the left-hand side of the road, at the intersection of Crocker Avenue and Channel Boulevard. Currently, the property is developed and contains a single-family residence, bulkhead, access pier, platform and floating dock with two boatlifts. The high ground portion is elevated approximately 4'-6' above the normal high water (NHW) level and vegetation consists of lawn grasses, scrub vegetation and ornamental landscaping. Just waterward of the existing bulkhead lies an area of Coastal Marsh that spans the entire width of the property, out to a distance of approximately 70' offshore. The property has approximately 157 linear feet of shoreline which again is stabilized by an existing bulkhead. Residential properties border the site to the south, north and east, and Topsail Sound borders the property to the west. The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during a March 2017 site visit, there appears to be a few small areas of Submerged Aquatic Vegetation (SAV) along both the northern and southern portions of the property. According to the latest Google satellite imagery, it does not appear the planned development would impact any areas of SAV; However, the only way to know for certain is to field verify the location of the SAV beds. Water depths in the vicinity of the existing facility range from -3' to -6', relative to normal low water (NLW). The existing pier is located on the northern portion of the property and extends approximately 145' into a water body measuring approximately 1,200' across. A 20' x 22' partially covered platform is located at the terminal end of the fixed access pier, and spans toward the west. An 8' x 19' floating dock extends along the northern side of the fixed platform, running perpendicular to the shoreline. Currently, two (2), 12' x 12' boatlifts are located on opposite sides of the fixed platform, near the terminal end. The existing docking facility is in alignment with the existing piers (on either side) and within I/4 of the width of the water body. According to DCM records, the only permit history for this property is a General permit authorizing a pier, platform, floating dock and boatlift. The permit (No. -16390) was issued on March 26, 1999. PROPOSED PROJECT: The applicant proposes to construct a second access pier, platform and floating dock, along with two new boatlifts. The proposed pier would originate from the existing bulkhead, and would extend toward the west along the southern end of the property. As proposed, the access pier would measure approximately 164' in length, and approximately 6' in width. The access pier would terminate into a partially covered 12' x 20' "L -head" shaped platform. As designed, two boat lifts (each measuring 13' x 14') would be installed immediately adjacent to the platform, with one on each side, at the terminal end. Just south of the southernmost boat lift, the applicant proposes to install an 8' x 32' section of floating dock for "wet" storage, as well as for access to the proposed boatlift. Whitaker Page 3 The floating dock would run parallel with the proposed access pier, and would extend no further waterward than the outermost boatlift pilings, and/or terminal end of the proposed platform. The applicant's proposal to add a second pier and docking facility would bring the total number of slips at the property to six (6), or three (3) at each dock. Water depths near the proposed structure(s) range from - 3' to -6' (at normal low water). 10. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately 678 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed structures would extend approximately 184' feet offshore and terminate inshore of the existing pier -head line, which is located at the waterward end of the existing pier. The docking facility would remain consistent with the 1/4 width rule and established pier -head line along a water body that measured approximately 1,200' in width. Minor increases in turbidity should be expected during construction. As previous mentioned, and as demonstrated on the applicant's drawing #1 of 2 dated revised 3/8/17, an area of SAV appears to exist along the southern side of the proposed project area. Based on the site plan drawings, in addition to measurements taken from Google Earth, it appears the area of SAV is located along the inner side of the proposed docking facility (boatlift and floating dock). As a result, it does not appear the existing bed of SAV would be impacted as a result of the drawing. However, if the area of SAV is found to be located with the footprint of the proposed development, the applicant should consider extending the pier X number of feet offshore to avoid any impacts. Submitted by: Jason Dail Date: 3/10/2017 Office: Wilmington P. o. Box 11291 Wilmington, NC 28404 www4Appinmarine com February 20, 2017 NCDENR 127 N. Cardinal Drive Wilmington, NC 28405 ppi ii OfBceffi= 910-270-1290 Mobile: 910-471-2034 trlp@piRpinmarinecom The enclosed CAMA Major Permit application for Robert Whitaker, 1122 Channel Blvd. Topsail Beach, NC is to construct a 6 x 164 pier with a 12 x 20 deck area. A 14 x 14 roof will cover part of the deck. There will also be an 8 x 32 float and 2 boat lifts. The proposed docking facility is for private use. Trlp ppin ( errt) Pippin Marine Construction, LLC Piers - Pilings - Boat Ufts - Bulkheads - Floatingfirks - Residential & Commerciali• - 1984 0 Tapswl Middle School Topsail re r npstead Hard4 MY ,Z73 77 mfssile�.. . I More mu,.t Sloon - I Bon UP -1 APPLICATION for Mayor Development Permit Masi revised 1=7106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name ee.e. _r'- Ml Last Nam , /(�-D, Applicant 2: First Name Ml Last Name Jf add twnat applicants, please a#acir an. addffianal pages) uvi€h names listed. MaWng Addressn ela,4014)ase PO Sox City State �s" A/8 ZIP �(] ,J/ Country � Phone No. j Q - (3 -63/3 ext_ FAX No. - - Street Address (if different from above) City State ZIP Email 2. AgentlContractor Information Business Name Agent/ Contractor 1: First Name Mt Last Name Agent/ Contractor 2: First Name Mi Last tlare Mailing Address PO Box City State All ZIP Phone No. 1 Phone No. 2 • 7�, - `�(-° ext. - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email ! 'i - aY3d i Y''_ r �� • <Form continues on back> RECEIVED DCM WILMINGTON, NC Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Subdivision NameC)ty NWL (normal waterlevel) State Zip e. Vegetation on tract ,c} f. Man -'made features and uses on tract e' '1'r J'',?/, s�- ' //,o NI Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. i_ Is the proposed project consistent with the applicable zoning? 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? Natural OManmade OUnknom d. Name the closest major water body to the proposed project site. / I c. e. Is proposed work within city limits or planning jurisdiction? f. if applicable, list the planning jurisdiction or city limit the proposed work falls within. Yes ❑No 1 e& / t�'-• 4. Site Descdpdon a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) :7 , c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) (if many lot sizes, please attach addi5onal page with a list) ❑NHW or JfNWL e. Vegetation on tract 1�d yc c , ' f. Man -'made features and uses on tract e' '1'r J'',?/, s�- ' //,o NI g_ Identify and describe the existing land uses adjacent to the proposed project site. *ewe h. How does local government zone the tract? i_ Is the proposed project consistent with the applicable zoning? f - I h zoning compliance certificate, if applicable) (;res❑No [INA J_ Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes gNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑YesNo ❑NA . National Register listed or eligible property? <Form continues on next page> RECEIVED OCM WILMINGTON, NC Fdrm DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? DYes o (ii) Are there coastal wetlands on the site? *es (]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? QYes o (Attach documentation, if available) n. Describe existing wastewater treatment facilities- Cou. 1ly 5 ,pe LW er o. Describe exdrinking water supply source. (0 _isti W qJ ev p. Describe existing storm water management or treatment systems. t� ro S. Activities and Impacts a. Will the pr9ject be for mmercial, public, or private use? Commercial ❑PublicdGovemment _ rivatetCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. n � 'Y 11/4 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. /40 -co alt riI d. List all development activities you propose. k Aer � 12-k A0 Pee Roo 10 64 )c 3 2 -Flooli k ock e. Are the proposed activities maintenance of an existing projec ew work -kr both? f. What is the approximate total disturbed Land area resulting from the proposed project? ❑Sq.Ft or (]Acres V g. Will the proposed project encroach on any public easement, public accessway or other area 0Yes Mo [INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Wdl wastewater or stormwater be discharged into a wetfand? Dyes o [INA i i If yes, will this discharged water be of the same salinity as the receiving water? I]Yes []No [INA j. Is there any mitigation proposed? (]Yes KNo QNA If yes, attach a mitigation proposal. DCM WILMINGTC <Form continues on back> N.'NC RECEBXD AIN TON, NO r' s Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformafion in addition to this completed application form, (AW -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 l,7.stWAW Gv0~ W ixvv tP AWMdy RAPAAW iiie IW4 r rPdAhmbeADW 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 worts, 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 We to the affected properties. e. The appropriate application flee. 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 /Jl QIV, tyr4vt ic"_#11 Phone No. Address►1.'� Name Phone No. Address Name 1 ff �,I `_ij;i';t ' Phone No. Address � (/ J i(� t l%h JT` �j k c f�CG .� q j 0 ,. - s l g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C_G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7 .Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date' Print Name �)4r W �+ l` Signature ) Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development CM MP4 Structures information RECEIVED .)W WILMINGTON, NO Form DCM MPA 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 RpY!!cat!o,R that restate to thus ,rargrx+sed �voleci PJease incJucte all svpp�ementaJ infomratian. 1. DOCKING FACILITY)MARWA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government OprivatelCommunity []This section not applicable b. () Will the facility be open to the general public? ❑Yes ANo c. () Dock(s) and/or pi r(s) d. (i) Are Finger Piers included? ❑Yes WNo (ii) Number 4'r 7 If yes: (iii) Length /Alb° 8 I (i) Number (iv) Width (OA) Length (v) Floatin �( es [I No (iv) Width (v) Floating []Yes []No I- .9X32. e. (f) are Platforms included? * es QiVo f. (r) Are Boatfifts included? KYes ❑No If yes: If yes: (ii) Number (h) Number cy"'s (iii) Length �0 r (iii) Length (iv) Width '7"�`I I t2' (iv) Width Z o rolno sed (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. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service _3 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slipsl only, number of slips: 0lT vQ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Oilher, pfease describe: i. Check the proposed type of siting: j_ Describe the typical boats to be served ❑ Land cut and access channel charter boats, sal boats, mixed types). []Open water; dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: k. Typical boat length: I. (i) Will the facility be open to the general public? []YesANo m. (i) Will the facility have tie pilings? ❑Yes Xo (ii) If yes number of tie pilings? RECEIVED DCM WILMINGTON., NC �..-orrn Z DOCKING FACILITY/MAR/NA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. r ❑ Office Toilets LJ Toilets for patrons; Number. : Location: ❑ Showers Q Boafholding 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. (1) 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 mill be the marina poWy on overntht and five -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 withiq a primary or secondary nursery area? ❑Yes pNo RECEIVED SCM WILMINGTON, NC 3 d°,,;. n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes Y4, o. Is the marina/docking facility proposed within or adjacent to coastal wetlandslmarsh (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 X., SAV ❑sa ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes �p No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. '1 3. BOATHOUSE (including covered />Yts) &his section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑Public/Government ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions_ 4. GROIN (e.g_, wood, sheetpile, etc. if a rock grdn, use MP -2, Excavation and Fill.) khis section not applicable a. (i) Number (il) Length (iii) Width 5. BREAKWATER (a g., wood, sheetpi/e, etc.) OkAis section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS [This section not applicable Is the structure(s): b. Number ❑Commercial ❑PubbOGovernmert OPrivateJCommunity C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present e. Arc of the swing 7. GENERAL RECEIVED [)CM WILMINGTON, NC a. Proximity of structure(s) to adjacent riparian property lines 6A &4 s�� $ Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body :"%/dat e. (i) Will navi �a�tJional aids be required as a result of the project? OYes F6o ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. " 30 d. Waterdepth at waterward end of structure at NLW or NWL f6r *LW 8. OTHER ❑This section not applicable a. Give complete description: Date R^a/44^ Project Name Applicant NarA Applicant Sighature RECEIVED DCM WILMINGTON, NO