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HomeMy WebLinkAbout20170469 Ver 1_CAMA Application_20170417Coastal Management ENVIRONMENTAL QUALITY April 10, 2017 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting ROY COOPER Governor MICHAEL S. REGAN Secretary PDf�6G�M FA�17 zo,; BRAXTON DAVIS 1101 Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(oD-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: JAM Properties, LLC c/o Dan Smith Project Location: 8128 Bald Eagle Ln., adjacent to the AIWW & Middle Sound in Wilmington, New Hanover County Proposed Project: to reconfigure & expand an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears 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. "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: JAM Properties, LLC. c/o Dan Smith 2. LOCATION OF PROJECT SITE: 8128 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index - 2oo6: 22-7429: M,9 Latitude: 34°17'00.89"N Longitude: 77°45'.14.57'W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/23/17 5. PROCESSING PROCEDURE: Application Received - 3/16/17 (initial) 4/6/17 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ORW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Timber bulkhead, access pier, covered platform, floating dock, and boatlift Planned - New additional floating dock, finger pier, and additional boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 91 HABITAT DESCRIPTION: [AREA] nuFMC.Fn FlLUD OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Open water) 365q (incorporated) (C) Other (D) Total Area Disturbed: 365 sq. ft. (o.008 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to reconfigure and expand an existing private docking facility within Middle Sound. JAM Properties, LLC c/o Dan Smith Page 2 9. PROJECT DESCRIPTION: The project site is located at 8128 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway17), turn right onto Porter's Neck Road and continue east through the traffic circle approximately 2 miles. At the stop sign, turn right onto Bald Eagle Lane and travel south approximately 0.2 miles and the property of interest will be located on the left. The property is approximately o.7i acres and is approximately 15' above normal high water (NHW). The property is currently developed with a single family home. The approximately loo' of shoreline is stabilized by an existing timber bulkhead. Waterward of the bulkhead on the northernmost end of the property is an area of Coastal Wetlands measuring approximately 13' in width and approximately 25' in length consisting primarily of Smooth Cordgrass (Spartina alterniflora). The property is bordered by residential properties to the north, south and west. Waterward of the existing bulkhead is an existing access pier, measuring approximately 120' in length by 6' in width, which extends towards the AIWW in an easterly direction. The pier terminates into a gazebo, measuring approximately 16' in length by 16' in width. An access ramp leads from the access pier onto a floating dock, measuring approximately 20' in length by 8' in width, which runs in the same alignment as the access pier. There is a 13' by 13' boat lift in the slip on the northern edge of the floating dock and two tie pilings associated with the slip on the southern edge of the floating dock. The application states that the existing docking facility currently accommodates up to two (2) vessels in water depths of approximately -2.0' to -4.0' at NLW (See Sheets 1 of 3). The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classified SA-ORW by the Division of Water Resources. The area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to reconfigure and expand an existing private docking facility within Middle Sound. The application states that a finger pier measuring approximately 41' in length by 5' in width will be added to the end of the existing pier running parallel to the channel in a T -head configuration. The existing 16by 16' gazebo would be moved to the northern edge of the existing pier, and landward of the T -head addition. The existing access ramp and floating dock would be relocated to the most northern end of the proposed finger pier and another access ramp would lead onto a proposed floating dock on the most southern end of the finger pier, measuring approximately 20' in length by 8' in width, creating a "U-shaped" docking configuration. The two proposed 13' by 13' boat lifts would be installed in the middle two slips (See Sheet 2 Of 3). The application states that the proposed reconfiguration of the existing facility would accommodate up to four (4) vessels in water depths measuring approximately -4.0' at NLW. The facility would extend approximately 142' into a water body measuring 571', which would meet the quarter width requirement and the US Army Corps setback (see Sheet 2 of 3). 10. ANTICIPATED IMPACTS: The proposed new configuration would incorporate an additional approximately 365 sq. ft. of Estuarine Water and Public Trust Areas. The proposed new configuration would not encroach into the adjacent 15- foot Riparian Corridor Setback Area requirement. The proposed structures would extend approximately 142' into a waterbody measuring approximately 57' in width, which would conform with the 1/4 width distance rule and would not encroach into the 80' federal setback requirement from the AIWW channel. The proposed structures would allow the facility to accommodate up to four (4) vessels in water depths of approximately -4.0' at normal low water (NLW). Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: 4/10/2017 Office: Wilmington Narrative for; Jam Properties LLC Project address: 8128 Bald Eagle Lane Wilmington, NC 28411 Dear Committee, We are now the new owners of this property at porter's neck and understand that the current dock was constructed in 1995. The current dock is in need of replacement at this point and we feel that the layout of the current dock with its covered deck just needs to be replaced as it is now, however the floating structure along with the boat lift is what we would like to expand to fit our daily use of the dock. We would like to add a floating dock that will give us four slips over the current two and also add another boatlift as well. This will give us two boatlifts and a day dock for our rather large family to enjoy. Thank you for your help and consideration in this project, we hope you will have no objections with our request. RECEIVED DCM WILMINGTON, NC NOM NP4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Jam Properties Llc Jam Properties Agent/ Contractor 1: First Name MI Last Name Mark Applicant 1: First Name MI Agent/ Contractor 2: First Name MI Last Name Smith PO Box Dan State 112 Circle Drive Applicant 2: First Name MI Last Name Phone No. 1 If additional applicants, please attach an additional page(s) with names listed. Phone No. 2 Mailing Address PO Box City ext. State 138 Sir Tyler rd FAX No. Wilmington NC ZIP Country Phone No. Street Address (if different from above) FAX No. 28405 New Hanover 910 - 200 - 4747 ext. ZIP - - Street Address (if different from above) City State clementsmarineco@bellsouth.net ZIP 8128 Bald Eagle Lane Wilmington NC 28411 - Email 2. Agenb'Contractor Information Business Name Clements Marine Construction Inc,. Agent/ Contractor 1: First Name MI Last Name Mark H Clements Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910 - 620 - 9110 ext. 910 - 270 - 9110 ext. FAX No. Contractor # same Street Address (if different from above) City State ZIP Email clementsmarineco@bellsouth.net <Form continues on back> RECEIVED d:s._^x�vS•4.a,��`i" is+�:.,csc DCMWILMIN T N, NC Form DCM MP -1 (Page 3 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 8128 Bald Eagle Lane Hwy 17 Subdivision Name City State Zip Porters Neck Wilmington NC 28411 - Phone No. Lot No. (s) (if many, attach additional page with list) 910 - 620 - 9505 ext. 1, I , , a. In which NC river basin is the project jorated? b. Name of body of water nearest to proposed project l C ;J AICW 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 AICW 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. New Hanover 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 100' 30787 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.7068, 1 1 NWL (normal water level) (if many lot sizes, please attach additional page with a list) 15' ®NHW or ❑NWL e. Vegetation on tract lawn grass some oak trees f. Man-made features and uses now on tract pier and bulkhead private home g. Identify and describe the existing land uses adiacent to the proposed project site. private residential homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No [INA 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 DNA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No [INA National Register listed or eligible property? <Form continues on next page> RECEIVED N, NC ,;.E. -&a5-230& -48b R';;CAST Form DCM MP -1 (Page 4 of 5) 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. private septic o. Describe existing drinking water supply source. well and or county p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. To re construct the pier in its same footprint and add two more slips. This will be used for private use only. 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. To remove the existing dock and install a new dock in the same footprint. the boatlift and current floater will also be replace. This requires a piling barge to pull out old pilings and install new ones. Hand tools will be required to build the new dock but will not be stored on site. The old dock will be broken down and hauled to the local landfill. d. List all development activities you propose. The install a new dock and floating dock and boat lifts . e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? n/a ❑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. surface runoff i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No [INA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No [INA j. Is there any mitigation proposed? ❑Yes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED -' Ct?-?.>aG..DUM WILMINGTON, NC ni-net Form DCM MP -1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Addidona/ lnformatioh 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 4Guyep / Chris knott Phone No. 919-349-9041 Address 1116 Queensferry rd Cary, NC 27511 Name Ed Gunther Phone No. n/a Address po box 1625 HWY 401 Laumburge NC 28352 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. N/A 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. 1 7. Certfcation 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 3132017 Print Name Mark Clements 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 ®DCM MP -4 Structures Information RECEIVED M WILMINGTON, C Form DCM MP -4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 120' (iv) Width 6' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 11-22 (iii) Length 16'-20' (iv) Width 16'-8 (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 2 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: 25' [I This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes []No If yes: (ii) Number 1 (iii) Length 41" (iv) Width 5' (v) Floating ❑Yes ®No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 2 (iii) Length 13' (iv) Width 13' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: n/a j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed I. (i) Will the facility be open to the general public? Form DCM MP -'-4 +Stxvctume i, mare 2 c -if 4 m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? ❑Yes ®No 2. DOCKING FACIUMMARINA OPERATIONS ®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. i. 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? RECEIVED ._`?•o�`..-G��..... '?-�� sp w,�, �Er,>::: �. V:+^ Sit•. 4..—__ ti�f=_._y.C_es_cs x.34@_L <"�*.F�C. L: .�;s.:�i.}v Form a CC MR'- ( tre.gc uaes., nq pa 3 of 4) 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 area? ❑Yes []No 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 wetiands/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 ❑SI3 OWL ❑None p. Is the proposed marina/docking facility located within or within Gose 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. 3. BOATHOUSE (including covered lifts) 0This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 16. MOORING PILINGS and BUOYS ®This section not applicable I a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON. NO . W; S•�!3�i£3 ,. `• :`.JP.� . . 4 _,f.r_c = aStat, a _r� �� e c'. rr e6 eta: 7�Jd?rft� __ ForM DCWf MF -4 (Srvc *uses. Page 4 of 4) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. N.12'6 S 11' N. 53'S.92' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body " 5"l 17r�Cfl�' e. (i) Will navigational aids be required as a result of the project? 0Yes ®No [INA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 4' nlw 8. OTHER ❑This section not applicable a. Give complete description: To remove existing dock,floating dock and boatlift and replace with a new dock in existing foot print adding two more slips and two boatlifts. 3/14/2017 Date Jam Properties Ilc Project Name mark clements Applicant Name ? plicant Signature RECEIVED CCM WILMINGTON, NC i'.:51-�. �. `S `•:.'�� :: '4.4 t_� '�'.ric�:..Fb.�4 S Lh'��_FS_�3_za_�ilc-Bf G�._c_vE_{ _f�F; 3'f°�,"iSPa: q.. �Il.�ti f' Axclni gb��' P 21' � AINrWt � �, RECEIVED DCM WILMINGTON, NC 7�1 WMI 4� cs- I ATC -110 S I.to MWW S#W��,1jlr A vfi 4110 'Wguirr I -L& 4' perpoed tjA vf- 1-- 4.1 Se cl, -14010-4=i E.- C E I V E D .44eWO/lDMINGTON, N" �PI� 0 P, '2017 9Je- 6L6 -VA ar -3 wv,.:M j 4-b-l� R =CEiV E C) MH',jGTON, NC H7