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HomeMy WebLinkAbout20170823 Ver 1_CAMA Application_20170703Coastal Management ENVIRONMENTAL QUALITY June 27, 2017 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting ROY COOPER Govemor MICHAEL S. REGAN Secretary Rr-cEN"D AUL. 3 2p1� DENR.LD p M1�i4N� ST6Rm,n BRAXTON DAVIS !Director 2 0 1 70 823 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Charlotte Patterson Project Location: 1260 Mallard Bay Rd., adjacent to Mill Creek and the AIWW in Hampstead, Pender County Proposed Project: to install a private three -slip 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 July 21 2017. 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: Charlotte Patterson 2. LOCATION OF PROJECT SITE: 1260 Mallard Bay Road, adjacent Mill Creek and the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. Photo Index - 2006: 26-6633, P-11 State Plane Coordinates - X: 2413590 Y: 235891 Lat:34°23'25.21"N Long: 77°37'45.25"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/23/17 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 6/22/17(Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification from LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing —Single-family Planned — Three (3) slip docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Vegetated Wetlands (Mixed coastal & 404 -type) (B) Non -Vegetated Wetlands 774 sq. ft. (Open water) (incorporated) (C) Other (D) Total Area Disturbed: 774 sq. ft. (0.017 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant proposes to install a three -slip docking facility. Charlotte Patterson Page 2 9. PROJECT DESCRIPTION: The project site is located at 1260 Mallard Bay Road, adjacent to Mill Creek and the AIWW, in Hampstead, Pender County. To locate the property from the WIRO office, drive north on NC Highway 17, turn right at Sloop Point Loop Road, which is adjacent to C -Store gas station and approximately 1.92 miles north of Topsail Middle School. Follow Sloop Point Loop Road for approximately 0.85 miles and turn right onto Country Club Drive. Continue along Country Club Drive for approximately 0.64 miles and turn left onto Mallard Bay Road. Take Mallard Bay Road to the terminal end and the property will be located on the right at house number 1260. The property consists of a 0.51 acre parcel that is approximately 4-6 feet above mean high water (MHW) and is vegetated primarily with lawn grasses and ornamental landscaping. A single- family residence occupies the high ground portion of the property. The shoreline (+/- 300 linear feet) is stabilized by a vinyl bulkhead, which spans the entire length of the property. The bulkhead is located above the upper wetland boundary and was authorized under CAMA minor permit PN 16-16, issued on December 8, 2016. Just waterward of the existing bulkhead, lies both "404 type" and Coastal Wetlands to include such species as: Smooth Cordgrass (Spartina alterniflora), Black Needlerush (Juncus romarianus ssp), Glasswort (Salicornia spp.) Salt Grass (Disticlis spicata) and Sea Lavender (Limonium carolinianum). These species, when combined, extend approximately 8'-20' beyond the outer edge of the bulkhead. The width of the waterbody measures approximately 70' — 72' from the outer marsh edge to the opposing edge of marsh in the immediate vicinity of the proposed pier. Although Middle Creek and the Mallard Bay canals are designated as a "Primary Nursery Area", the entire entrance channel and all access canals have been previously dredged, as documented through/in CAMA Major Permit No. 125-00, originally issued to Rodney Simpkins and later transferred to Mallard Bay Dredging Project, Inc. Under the subject permit, the authorized dredge depths were not to exceed -4.0', relative to normal low water within the canals and entrance channel. The waters of the AIWW are classified SA by the Division of Water Resources. The project area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is CLOSED to the harvest of shellfish. PROPOSED PROJECT: According to the application package, the property owner wishes to construct a three -slip docking facility within the entrance channel leading to Middle Creek (i.e. maintained canal), at 1260 Mallard Bay Road, in Hampstead, Pender County, North Carolina. Based on information provided by the applicant's agent (Trip Pippin — Pippin Marine Construction, LLC), a 6' x 9' access pier would originate from the bulkhead and extend toward the east, terminating into a 12' x 17' covered platform (measured from drip edge). The access pier would span a section of Coastal Wetlands consisting predominately of Smooth Marsh Charlotte Patterson Page 3 Cordgrass; however, the proposed platform would span over open water. Waterward of the proposed platform, the applicant proposes to install a 6' x 35' section of floating dock that would run parallel with the shoreline. Access to the floating dock would be achieved by ramping down to a small 8' x 9' floating platform along the southwestern edge of the 6' x 35' floating section. Two boatlifts (each 12' x 12') would be installed on opposite ends of the docking facility, one to the north and adjacent to the platform, and the second along the southern edge of the proposed floating dock. Boat lifts would be oriented so that access would be perpendicular to the shoreline. As designed, the proposed docking facility would be located in a waterbody that measures approximately 72' in width, allowing a structure to be built a distance of up to 18' from the near shore edge of marsh, which the applicant has proposed. The current design would not encroach into the adjoining channel, nor would it exceed the'/4 width allowance. Based on a preliminary water depth survey conducted by Division of Coastal Management staff on 6/23/17, water depths in the vicinity of the proposed docking facility range from -2.5' to -4.2', relative to normal low water. Surprisingly, the shoreline adjacent to the proposed docking facility tapers to deeper water rather quickly beyond the outer edge of marsh. The property appears to have approximately 300 linear feet of shoreline and the facility's design appears to remain within the applicant's area of riparian access, meaning that no waivers would be required for the proposed project. The maintained canal is located just beyond the waterward edge of the proposed structures and the applicant's design extends as far waterward as possible without encroaching into that dredge footprint and/or beyond the 1/4 width of waterbody limitation. 10. ANTICIPATED IMPACTS The proposed docking facility would result in the incorporation of approximately 774 square feet of Estuarine Waters and Pubic Trust Area. The proposed development would be located within the applicant's riparian corridor, outside of the adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of the adjacent maintained channel and within 1/4 of the width of the waterbody. Turbidity associated with the piling installation would be kept to a minimum. Submitted by: Jason Dail Date: June 26, 2017 Office: Wilmington P. O. Box 11291 Wilmington, NC 28404 wwwoppinmarine.com June 19, 2017 NCDENR 127 N. Cardinal Drive Wilmington, NC 28405 tPpm Lq pwpmh� Offke/Fax: 910-270-1290 Mobile: 910-471-2034 tripppippinmarine.com The enclosed CAMA Major Permit Application for Jay & Charlotte Patterson is to build a new pier and floating dock with 2 boat lifts. The pier will be 6' wide and 9' long leading to a 10 x 15 deck with a 12 x 17 roof. The ramp will go to an 8 x 9 floating dock which will be connected to a 6 x 35 float. There will be a total of 3 slips. The dock will be private and for family use only. %;; � /#;/ ea Trip Pippin Pippin Marine Construction, LLC RECEIVED DCM WILMINGTON, NC Piers - Pilings - Boat Lifts - Bulkheads - Floating Docks - Residential & Commercial Marine Construction Since 1984 APPLICATION for Mayor Development Permit tilast mvillsea 12127186l North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name jf/• / Agent[ Contractor 1: First Name Applicant 2: First Name MI Last Name I If additional applicants, please attach an additional pages) with names listed. Mailing/Address PO Box City State J� ZIP Counttry nPhConeNo. FAX No. �j ext. Street Address (if different from above) City State ZIP I Email - � 33 cpi� PO Box 1 13 ArfantIr-nntracter Information Business Name i /J/17 jf/• / Agent[ Contractor 1: First Name MI Last Name ,- hl �% Vit''• Agen] Contractor 2: First Name MI Last Name Mailing Address PO Box City State_ r ZIP Phone No. 1 Phone No. 2 ; fI /� ' " -1` - . `: ext.;` ; -,5 - ^ t r~ ext. L FAX No. Contractor # t Street Address (If different from above) F City State ZIP Email <Fonn 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. # j,}} � T f11 j JJJJ Subdivision Name j City State Zip Ax z� 77 Al e. Vegetation on tract Phone No. Lot No.(s) (if many, attach additional page with list) / ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project ell €closest c. Is the water body identified in (b) above, natural or manmade? d. Name the major water body to the proposed project site. atural ❑Manmade ❑Unknown f CG) j. Is the proposed activity part of an urban waterfront redevelopment proposal? E]Yes X0 I k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes VNo ❑NA e. Is proposeork within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Dyes o work falls within. I I 4. Site Description a. Total length of shoreline on the tract (ft) b. Size of entire tract(sq.ft.) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) t 4 (if many lot sizes, please attach additional page with a list) ❑NHW or ❑NWL y— e. Vegetation on tract f. Man-made features and uses now on tract g. Identify and describe the existing land uses adjacent to the proposed project site. f h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? r ! ( ttach zoning compliance certificate, if applicable) I j. Is the proposed activity part of an urban waterfront redevelopment proposal? E]Yes X0 I k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes VNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a 0Yes o [INA National Register listed or eligible property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC Form, DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes exNo (ii) Are there coastal wetlands on the site? �pYes []No( /❑` ii) 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. o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. IV4 t r K.ze 'A' '7`1 5. Activities and Impacts a. Will the project be for commercial, pubic, or private use? ❑Commercial ❑Public/Govemment PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. y c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. d. List all development activities you propose. I e. Are the proposed activities maintenance of an existing project, new work, or both? , f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o [INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. L 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 YNo [INA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC Fond DCM MP -1 (Page 4 of 4) APPLICATIO,IV for Major Development Permit 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) 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, dearly 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 Ivez - j/ Sf Phone No. Address] Name Phone No. I Address Name Cpovj e e i6, ''e ,7,,077r) Phone No. Address 4 51 l-tzo d �JQ V 9"20 "2 ` 475 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 irvoives expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmertal 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 tl�at 1:4 information provided in this application is truthful to theelbest of my knowledge. Date 14� // l�/1 %/ __ _ Print Name 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 paDCM MP -4 Structures Information RECEIVED DCM WILMINGTON, NC Fon 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 [I This section not applicable a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment kprivate/Community b. (i) Will the facility be open to the general public? ❑Yes �No c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes *0 (ii) Number If yes: (iii) Length _4 (i) Number (iv) Width _ ^'s (iii) Length (v) Floating ❑Yes Nlo CN) Width r -- 0 (v) Floating []Yes []No e. (i) Are Platforms included? Yes []No f. (i) An: Boatiifts included? W, Y []No If yes: If yes: (ii) Number () Number (ii") Length 10 A � (ii) Length > Z (iv) Width /S'_ (iv) Width �- (v) Floating []Yes gNo 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 ❑ Dockage, fuel, and marine supplies ❑ Dockage (timet slips) only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other. Please describe:, i. Check the proposed type of siting: j. Describe the typical boats to be served (e.., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water, dredging for basin and/or channel �[n'Open water, no dredging required lbther, please describe: k. Typical boat length:I. () Will the fa " be open to the general public? ' ❑YesN m. (i) Will the facility have tie pilings? ,, o \\ ❑Yes L mNo (i) If number of tie pilings? RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCt3AST ;: www.ri-,c.c-,,D-astaimanagement.net revised: 12,27108 Forth DCM MP -4 (Structures, Page 2 of 4) 2. DOCKING FACIUTYAWARINA OPERATIONS i his 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 p 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. (i) 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 ovemight 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 area? []Yes []No RECEIVED DCM WILMINGTON, NO ._ 24-2-303-2898 ;: 9-888-4RCOAST :: nes vy.nccoastaImanagement.net revised: 72127 o6 Form Q+CM MP -4 (Structures, Page 3 of 4) n. Is the matVdocking facility proposed within or adjacent to any shellfish harvesting area? DYes 1]tlrio -- o. Is the marina/docking facility proposed within or adjacent to coastal wetiands/marsh (CW), submerged aquatic vegetanon tb^vl, snen umm' (SB), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affeded. E]Cyy J3SAV OSB OWL YNone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes lo If yes, give the name and address of the leasehoider(s), and give the proximity to the lease. �l 3. BOATHOUSE (including covered lifts) a. (, Is the boathouse structure(s): []Commercial ❑PublidGovemment I]Private/Community (i) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dnpiine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. ff a rock groin, use MP -2, Excavation and Fill.) a. (i) Number (i) Length (iii) Width section not applicable M -7.17 r' rir.r:r 5. BREAKWATER (e.g., wood, sheetpile, etc.) " mer' not a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NM, NWL,-or wetlands 6. MOORING PILINGS and BUOYS ris section not appffcabfe a. Is the structure(s): []Commercial ❑Pubiic/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC 252-808-2868 :: 9-3$$-411CQAST :: w-w-N.nccoastairnanag_ement.net revised: 12127:06 Form DCM MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property Ones -0--15"1, t - Sly Note: For buoy or mooring piling, use are of swing inducting length Of vessel. c. Width of water body SDI e. (1) Will navigational aids be required as a result of the project? ❑YesNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL tsr & OTHER ❑This section not applicable a. Give complete description: ProjectName Applicant N" e Applicant Skfhature RECEIVED DCM WILMINGTON, NC _17 252-808-2€103 :: 1-888-4RC AS'T :: wN 4mccoastalrnanagernent.net revised: 1227/06