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HomeMy WebLinkAbout20170875 Ver 1_CAMA Application_20170714r ROY COOPER Governor 7 O 8 7 5 MICHAEL S. REGAN ,L O Secretary Coastal Mana Management BRAXTON DAVIS 9 Director ENVIRONMENTAL QUALITY July 10, 2017 D J U �Ll 4 2917 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenr-go v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Norman Bullard Project Location: 8428 Bald Eagle Ln., adjacent to the A/WW / Middle Sound, in Wilmington, New Hanover County Proposed Project: to construct a private 5 -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 August Z 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 1. ►01 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Norman Bullard c/o Jimmy North LOCATION OF PROJECT SITE: 8428 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index -2006: 22-7430: M16 Latitude: 34°17'27.26"N Longitude: 77°44'.53.74"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date of Site Visit — 7/10/17 Was applicant present — No PROCESSING PROCEDURE: Application Received —6/27/17 Office — Wilmington 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, remnant pilings Planned — Five (5) slip private docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: M, % � � � M - W., (D) Total Area Disturbed: 1867 sq. ft. (0.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to construct a private five (5) slip docking facility. 252 sq. ft. (A) Vegetated Wetlands (shaded) (B) Non -Vegetated Wetlands 1867 sq. ft. (Open water co orated (C) Other (D) Total Area Disturbed: 1867 sq. ft. (0.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to construct a private five (5) slip docking facility. Norman Bullard Page Two 9. PROJECT DESCRIPTION: The project site is located at 8428 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 Highwayl7), turn right onto Porter's Neck Road and continue east through the traffic circle approximately 2 miles. At the stop sign, turn left onto Bald Eagle Lane and travel north approximately 0.4 miles and the property of interest will be located on the right. The property is approximately 0.8 acres and is approximately 10' above normal high water (NHW). The property is currently developed with a single-family home. The approximately 100' of shoreline is stabilized by an existing timber bulkhead. Waterward of the bulkhead is band of Coastal Wetlands measuring approximately 45' in width consisting primarily of Smooth Cordgrass (Spartina altern iora). The property is bordered by residential properties to the south and west, and an undeveloped lot to the north. Waterward of the existing bulkhead are remnant pilings (approximately 17 pilings) which extend towards the AIWW in an easterly direction. It appears to be pilings from a facility that was destroyed sometime between 1993 and 1998 per aerial photography. No permit history could be located for 8428 Bald Eagle Lane. 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 construct a private five (5) slip docking facility. A 6' by 155' access pier would extend in an easterly direction approximately 20' from the northern shared property line. At the terminus of the pier on the southern side would be a 19' by 19' covered gazebo. From the end of the fixed pier would be a floating structure consisting of multiple sections accessed by a ramp. The main spine of the floating structure would measure 6' wide by 56' in length and run parallel to the shore. Two 6' by 20' finger piers would extend in an easterly direction from the main spine. One would be located at the northernmost end and the other would be located approximately 15' north of the southernmost end. Two boat lifts, one measuring 12' by 14' and the other measuring 15' by 16', would be located on either side of the southernmost end of the main spine of the floating structure (see Sheet 1 of 2). The application states that the facility would accommodate up to five (5) vessels in water depths measuring approximately -2'8" to -3'4" at NLW. The facility would extend approximately 145' into a water body measuring 600'-800' in width, which would meet the quarter width requirement and would be approximately 50' landward of the US Army Corps AIWW setback (see Sheet 2 of 3). 10. ANTICIPATED UAPACTS: The proposed new facility would incorporate approximately 1867 sq. ft. of Estuarine Water and Public Trust Areas, and shade approximately 252 sq. ft. of Coastal Wetlands. The proposed configuration would not encroach into the adjacent 15 -foot Riparian Corridor Setback Area requirement. The proposed structures would extend approximately 145' into a waterbody measuring approximately 600'-800' 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 five (5) vessels in water depths of approximately -218" to -314" at normal low water (NLW). Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: 7/7/2017 Office: Wilmington �JA-3 lz e r e c� do cl.c s o f s 4 C, 7 �!' c 1) Q v `Yn 6,3 1'eI "oo,r ��s S s lq x q z �s � - , 1q, I DCM WILMINGTON, NC APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT <Form continues on back> 'RECEIVED nCNA INnl 0141 TON, NC 2:52-608-280$ . 1-888-4lRCOAST .. www.nccoastalmanagernent.net .e. '.. yi! ".moi ��.c .@+•.4L'C ,.\ �+ '� � ��'� ��/t �.a'4.�-'-.� R-.. `rfi \Y�}�� _ �tf+C .P V- ;:�� '�iQ� s "tt�- -�:g •M-L'�-1 �'� - �?L.� Business Name a tom- / —( 01/ l� N eco AD S U h"( -'3 -J Agent/ Contractor 1: First Name Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Agent/ Contractor 2: First Name MI / r PO Box I I J AJ' G/ Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State / I " 2 4 3 (o I a �O' a �e La �j e 9 PZ/10 3 YL) C - ZIP Country Phone No. FAX No. City State 'ext. Email r_ Street Address (if different from above) City State ZIP Email / �/ J 'A)pr044AJ II U C�G�U S�CG1r[,Cdh <Form continues on back> 'RECEIVED nCNA INnl 0141 TON, NC 2:52-608-280$ . 1-888-4lRCOAST .. www.nccoastalmanagernent.net .e. '.. yi! ".moi ��.c .@+•.4L'C ,.\ �+ '� � ��'� ��/t �.a'4.�-'-.� R-.. `rfi \Y�}�� _ �tf+C .P V- ;:�� '�iQ� s "tt�- -�:g •M-L'�-1 �'� - �?L.� Business Name a tom- / —( 01/ l� N eco AD S U h"( -'3 -J Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address dv e, PO Box I City f. �rl/ f State N C 3 I ! (M/ N � ,.� N ZIP Phone No. 1 Phone No. 2 9 PZ/10 3 �/o - 93/ - F S/L/ ext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email r_ <Form continues on back> 'RECEIVED nCNA INnl 0141 TON, NC 2:52-608-280$ . 1-888-4lRCOAST .. www.nccoastalmanagernent.net Form DON4 MP -1 (Page 2 of 4) APPLICATION for Major Development Permit t�.rvl.�ct 4xac�fiQn r 4 i5tk r_(�'�'''—+` cf c l t. J S}:.„'p. C:.. „% T•.' 'K` �`•P.,w z'. -r �V 5 rc`+•,! .� c f ,P ,� ^: 3 ♦ Fd i a• ... rte✓" f (� bk C v���+% ..;� ., `S"'... County (can be multiple) Street Address State Rd. # Ke -1) 40,^.:�00e r 9q T1s' 13 e. [d d. Approximate ele ation of tract above NHW (normal high water) o r Subd'ision Name City State Zip e. Vegetation on tract -truer- �Cce4Q��o� y�cJ� t�a,rsC. Fps 5 f. Man-made features and uses now on tract ll e.�j rrsirP;�l use housz� u G Phone No. Lot No.(s) (if many, attach additional page with list) /o - � q) - L/ nj 4 ?ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project C'oe 3--e D"- I C ww 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 rj j d d le- S woe nc C/ e. Is proposed work within city limits or planning jurisdiction? f. If applicable, listthe planning jurisdiction or city limit the proposed ❑Yes ' 2 Vo work falls within. n f ''.„n.-s�^r .r•Y.: �. _ .r, : �.... rr .. €' ...,-d. ,. ir�....i.,ttdc� � ..,. _ •,.:�, .n.+.'�.fa`�E.:inZ ,4.,�'n.'l�i,.... 4 i5tk r_(�'�'''—+` cf c l t. J S}:.„'p. C:.. „% T•.' 'K` �`•P.,w z'. -r �V 5 rc`+•,! .� c f ,P ,� ^: 3 ♦ Fd i a• ... rte✓" f (� bk C v���+% ..;� ., `S"'... a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) c. Size of individual lots) d. Approximate ele ation of tract above NHW (normal high water) o r 3 f g p o S5 4 -t- N (normal water level) /o (If many lot sizes, please attach additional page with a list) [9NHW or ❑NWL e. Vegetation on tract -truer- �Cce4Q��o� y�cJ� t�a,rsC. Fps 5 f. Man-made features and uses now on tract ll e.�j rrsirP;�l use housz� u G g. Identify and describe the�j existing land uses adjacent to the proposed project site. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? i ��^-? °' / (Attach zoning compliance certificate, if applicable) P 5 Yes [:]No [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Wo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes Wo [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes t,ZNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED GTON, NC 262-808-2808 9-888-4RCOAST 1Jvww.nCC0a5taIM3n393'_aent-n0t e Fu-n,DCN4 MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? 2 -Yes []No (ii) Are there coastal wetlands on the site? 9yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes Oho (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing storm watermanagementor treatment systems. a 7 Y -t r 2`t lr4 kin a. Will the protect be for commercial, public, or private use? ❑Commercial ❑Public/Government j�m rivate/Comunity p b. Give a brief description of'purpose, use, and daily operations of the project when complete. - �ti C- e s 5 a Q`'�'� e w CA, ec! < v, ` to D Q Y s a � rrS l rr.- ; 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 S tLCA L)r —pi I It N S lo c., CJ e j/ 5,1 1, e a d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? NC. e GJ ..)0 1• ItG.. f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres 110N e g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes �4No [INA that the public has established use of? h. Describe location and type of existing and proposed diischarges to waters of the state. S (A /- 'CLI C e- r" C4 /'-.) - , C> +� i. Will wastewater or stormwater be discharged into a wetland? ❑Yes Flo ❑NA 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 DCM WILMINGTON, NC 252-808-2808 „ 1-S88-4RCOAST wr3rr rv,r7ccoas �al��raar3�araerai,a3�R Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit �ttraddtL©►i io fM � cornplefecfappllca�rbrj fpt�tf,��l4f1� 1� the folf�r�i� � er'�is beloyv rf �ppllcable mustbe slibmrt3�d �� order"forthe ap�l�cahon 4 gre tbheQCr►?g lteirtsf �(I} ate�aeXs�`�p �P[aa (eff ` FplQideY�laptenfia�plidatibrt Please con§ulbthe aRpllCattaR� x 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. Pt1,One-NO , �� , ,e ✓rte., 1 �+ ,c M ���, 3 .2 �� ��E Y• � r S '�}'` ..,. �, Ys �Y ��� „�5`�. Z �i w � �� i � � f ,fit , � � �, '` 1 Name �� o o/ d^,R n C (C JL?e s Phone No. y Address I L- _LL`t� _ r �v� r.r � � ., >� C . BY �l y� Y .r r i a i x§ x t�M 2�c F r- rn ri x Phorie oto r *5:: t T �'� c �.,, ;� i :y i «*�� '•r� ct r s E '\ g k @S8d rxzz lr .1 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. 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 / D Print Name r% M K %��' i t 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 Q DCM MP -4 Structures Information RECLEIVED >• GIVI W11 M14GTON, NC 1 _888-4RCOAS w aw,aa��. a t�Ir ��ac�emPr�t. t 0 I 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. 7 QOCIUNG FACfLiTY�MARf�[ CHAf�AG�'Eit/SYIC QThr�'sed notapplie9bie a. i Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublidGovernment Private/Community ❑YesAlo c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length —L (iv) Width �o (v) Floating FYes jlNo e. (i) Are Platforms included? (Yes []No If yes: (ii) Number l (iii) Length (iv) Width n (v) Floating []Yes 54NO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing e 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: i k. Typical boat length: S m. (i) Will the facility have tie pilings? >Ples ❑No (ii) If yes number of tie pilings? — _3 d. (i) Are Finger Piers included? Oyes []No If yes: (ii) Number .9– (iii) 2(iii) Length :2 O i i (iv) Width Co (v) Floating j3'es ❑No f. (i) Are Boatlifts included? -Yes []No If yes: (ii) Number (iii) Length �/ S (iv) Width / to 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: J"le Cs,aC,�c� �, 5 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 1,U#,�0,t"D�-fs I. (i) Will the facility be open to the general public? ❑Yes Flo 262-808-2806 :: 1-888-4RCOAST :: www.nccoastalmanagernent,net RECEIVED 'CM WILMINGTON, NC reviser!: 12/27!06 Form DCM MP -4 (Structures, Page 2 of 4) 2 DDCKN1lG FACIUTYfMAR/NA 004R ClTirrs scitron riotapptab/e; 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. /U /4 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. --7— 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? 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? Fes ❑No RFCEiVED ,NC 252-808-2306 !: 't-888-4RCOAST wvviv. ccoastalmanagzmen#,net Form DCM MP -4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes [�No o. is the mannaiaocKing racnay proposea warm ui dajdGCnL w cvaarm wcuaiiwnnal— wvvb —... V— oy..a. y . . .,'-1 . -„-.•,--••-..-••-••• (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. 0 C 0 ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ;5No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. r .. 4 GRQ/N (e.g., wood, sheetpile, etc: If a rock groin; use MP 2,. Excavation.and Fi7I.} Tftrs secfran not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e:g.; woody siieetpile etc.) This section not applteaWe' a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PALINGS and BUOYS his section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community 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 -,rnr nni nniNGIOPl NC 252-FS1�8-28f13 :: 1-888-4RCOAST ;., av+A-.v,nccoasta9rna a ernent,_net revises; 12;27/0 Form DCVI MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body I &Oo ` e. (i) Will navigational aids be required as a result of the project? ❑Yes �dNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 4 n d. Water depth at waterward end of structure at NLW or NWL $ t5%HSR .Flris.secfrore �Ecif app to a. Give complete description: 4ppticant Sign,- re RECEIVED 252-BDS-2808 n t .$88-4RCoAST :: wavwi.nccoastajMILII+agernent.ne4 " ,.vise : , NC v S/ ob Oaclo UN3 CY. 01 0 . L-1 c RECEIVED DCM WILMINGTON, NC I -� 7-1 F-I F-7 IL C I .......... -j.-J---L FT F:P C"'1wlI�ml LRE�M TON, �C