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HomeMy WebLinkAbout20171271 Ver 1_CAMA Application_20171009Coastal Management ENVIRONMENTAL QUALITY September 29, 2017 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting OCi 0 3 Zpp ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director 20111271 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Martha Miller and Jim Hopkins Project Location: 225 Florida Ave., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to construct a new, private docking facility within Myrtle Grove Sound 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 October 25, 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: Martha Miller and Jim Hopkins c/o Daniel Shirley 2. LOCATION OF PROJECT SITE: 225 Florida Ave., located on Pleasure Island, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover Co. Photo Index - 2006: 21-7378, 4, R Latitude: 34°03'19.22"N Longitude: 77153'18.18"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/28/17 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received —9/21/17 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Carolina Beach Land Classification From LUP- Developed (highground), Conservation (open water) (B) AEC(s) Involved: EW/PT/CW Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal sewer (F) Type of Structures: Existing — Undeveloped upland, existing vinyl bilkhead Planned — three (3) slip private docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal wetlands) 132 ft2 (shading) (B) Non -Vegetated Wetlands (Open water) 993 ft2 (Incorporated) (C) Other- High ground disturbance (D) Total Area Disturbed:993 ft2 (0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a new private docking facility within Myrtle Grove Sound. Miller & Hopkins c/o Daniel Shirley Page 2 9. PROJECT DESCRIPTION The project is located at 225 Florida Avenue, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in the Town of Carolina Beach, New Hanover Co. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington to Carolina Beach south on College Road (NC Hwy 132) to Carolina Beach Road for approximately 12 miles south. Continue over Snows Cut Bridge on N. Lake Park Blvd. for approximately 1.2 miles south until you reach Carl Winner Drive. Turn left onto Carl Winner Drive until you reach Canal Drive. Turn left on Canal Drive and continue north approximately 1.3 miles until you reach Florida Avenue, which will be located on the left. Continue traveling on Florida Avenue until you reach the project site on the left. The applicant currently maintains the approximately 0.33 -acre tract, which is undeveloped with elevations of approximately 3' above normal high water (NHW). The project site is also bordered by residential properties to the north and an undeveloped lot to the south. A new vinyl bulkhead exists along the approximately 65 linear feet (LF) of shoreline along the Carolina Beach Yacht Basin. Waterward of the existing bulkhead are Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora), however, along the bulkhead there are a few other species including Sea Oxeye (Borrichia frutescens) and Saltmeadow Cordgrass (Spartina patens). The new vinyl bulkhead was authorized by CAMA Major Permit No. 69-16, which was a joint authorization with the neighboring lot at 223 Florida Avenue. That permit is currently maintained by the property owner of 223 Florida Avenue, with all bulkhead work completed. The Town of Carolina Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the Carolina Beach Yacht Basin are classified SB# by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a new private docking facility within Myrtle Grove Sound. A 6' by 30' fixed pier would extend from the existing bulkhead in an easterly direction into Myrtle Grove Sound ending in a covered `L' head platform measuring approximately 16' by 24'. From the terminus of the platform a ramp would lead to a floating dock measuring 6' by 22' and oriented perpendicular to the shoreline. From the terminus of that float, on the southern side an 8' by 16' float would extend parallel to the shoreline. Along the northern edge of the floating structures a 13' by 13' boat lift would be installed encroaching into the 15' Riparian Corridor Setback Area with 227 Florida Avenue, for which a waiver has been obtained. The application states that the docking facility would accommodate up to three (3) vessels within water depths ranging from approximately -2' to -4' @ NLW. 10. ANTICIPATED IMPACTS The proposed access pier and docking facility would impact approximately 132 ft2 of Coastal Wetlands due to shading and approximately 993 ft2 of Estuarine Waters and Public Trust Areas. As proposed in the application, the proposed docking structures would accommodate up to three (3) vessels within water depths ranging from approximately -2' to -4' @ NLW. The structures appear to not exceed the Town of Carolina Beach historical pier head line nor the setback from the USACE AIWW. The facility extends approximately 45' into a waterbody measuring approximately 715' in width, which would conform to the Y4 width rule. The proposed structures would encroach into the northern adjacent 15' riparian corridor setback requirement, for which a waiver has been obtained. Minor turbidity should be expected during construction. Submitted by: Courtney Spears Date: 9/28/2017 Office: Wilmington Overbeck Marine Construction, Inc 3506 Tall Pine Ct. Wilmington, NC 28409 Daniel@overbeckmarine.com 910-386-8883 Courtney Spears August 21, 2017 Division of Coastal Management (DCM) 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Application for Major Permit 225 Florida Ave, Carolina Beach, NC 28428 To whom it may concern, On behalf of Martha Miller & Jim Hopkins we are applying for a CAMA Major Permit to construct anew 3 slip dock facility at 225 Florida Ave. The new facility will consist of a 6'x30' pier (starting from bulkhead), a 16'x24' gazebo (calculated roof area), a 6'x22' floating dock, a 8'x16' finger dock (floating), and a boat lift. The boat lift is encroaching into the 15' riparian setback by 7'; but, has been waived by Gina Poole, adjacent property owner at 227 Florida Ave. This is a private facility that will be used for recreational boating only. Please let us know if you need any further information or clarification for the proposed project. Thank you for your assistance in review of this application. Sincerely, Daniel Shirley, agent Overbeck Marine Construction, Inc 910-386-8883 Daniel@overbeckmarine.com RECEIVED DCM WILMINGTON, NC JEP 21 20,7 0 0 crr, K f.d � Fm KO ,. EM < :.� m 00 z z 0 11110 0P-1 APPLICATION for Mayor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Agent/ Contractor 2: First Name Applicant 2: First Name I MI Last Name AJ If additional applicants, please attach an additional page(s) with names listed. PO Box Mailing Address 4-,0fVVbAi �R_ PO Box ZIP (� (� City lit:��/k If State ✓LtC— ZIP , _ J 21 tc�ls Country ) { ,� �'l Phone No. ext. FAX No. Street Address (if different from above) City State State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP (� (� Phone No. 1 _ q/O - � ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email 0 Vc::tZ i3rc IC,,n t Z1 <Form continues on back> RECE[VEZ' ,,CM WILMINGTON, NC `SE -P 2 1 Z�17 Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # N&7v h,4"4/67Z, c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip e. Vegetation on tract G�S9srou/a4 a�- �v (2 - vy� 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 64PC— -R-7�2 %1ifr/17Z46- 640LIC` SYS c. Is the water body identified in (b) above, natural or manmade? Natural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. If yes, by whom? A/wA/ e. Is proposed work within city limits or planning jurisdiction? `J'"s f. If applicable, list the planning jurisdiction or city limit the proposed falls ❑No work within. / &f'I n OL1 ti/+ /36Z) j - 4. Site Description a. Total length of shorelin� on the tract (ft.) G5 b. Size of entire tract (sq.ft.) -Z'5 7a'�, c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water evel) ! (if many lot sizes, please attach additional page with a list) ✓` 3 NHW or ❑NWL e. Vegetation on tract f. Man-made features and uses now on tract NonCc— g. Identify and describe the 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? / (Attach zoning compliance certificate, if applicable) Yes ❑No LINA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ANO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes No [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No [-INANational Register listed or eligible property? <Form continues on next page> RECEIVED XM WILMINGTON, NC Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Yes ❑No (ii) Are there coastal wetlands on the site? Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes �No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. C-FPLAA— o. Describe existing drinking water supply source. cF7nGL-06,�- p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. AOcat Z'-4CA L4 T--% &A -TI "V & 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. *0 2&-j!J R110/4L A -I.7 Cd122/�d0%Z d. List all development activities you propose. NlAv lbo(fk 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? ry ` XSq.Ft or ❑Acres (® g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes No []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. /V©/JE7 i. Will wastewater or stormwater be discharged into a wetland? [-]Yes 7110 ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑YesNo [INA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP­1)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 (PIAJ,+ h'Nb /YIG4t/1AJ PWL.C" Phone No. Address /05'e+-PjC*& Cay ,yC Z-75 Name ,57771E �/Phone No. TTIf�7�5 Address 'Z�/ Flack/ 4- �9kJ� .. l'i�17�u - �✓ / �t7 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. 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 certi that t e information provided in this application is truthful to the best of my knowledge. Date . Print Name 646Jlt✓ Signature ��- -• T 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 DCM WILMINGTON, NC 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 aN suppiementai information. 1. D0CK#46-1 AVUT AVARK4 CNARACTEMSTXS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government Private/Community 0 T section not appAcabfe b. (i) Will the fa lity be open to the general public? ❑YesXNo c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ❑No (ii) Number .—LT If yes: (iii) Length (iv) Width & (ii) Number _r (iii) Length —1 (v) Floating ❑Yes No (iv) Width (v) Floating Pes ❑No e. (i) Are Platforms included? ❑Yes ❑No�- f. (i) Are Boatlifts included? 'Ryes [-]No If yes: 41-061iX,* r If yes: J (ii) Number I— / (ii) Number (iii) Length —2;, 'Ly (iii) Length 13, (iv) Width �� ��! (iv) Width IS (v) Floating Pes ❑No Note: Roofed areas are calculated from driplme 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) ber of slips existing maintenance service 'U ❑ 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: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel pen water; no dredging required ❑Other, please describe: k- Typical boat length: ZOO m. (i) Will the facility have tie pilings? ❑Yes�lo (ii) If ye number of be pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 1. (i) Will the favi'e open to the general public? ❑Yes ]lo RECEIVED DCM WILMINGTON, NC Form DCAA MP -4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA 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? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED DCM WILMINGTON, NC 11 Ft,rm DCM MP— ,Structures, Page 3 of 4) 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 manna/docking tacifity proposed within or adjacent to coastal wetlands/marsh (GW), submerged aquatic vegetation (tiAv), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV OSB OWL ❑None p. Is the proposed marina/docking facility located within or within dose 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) his section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑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.) ('his section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) Xhis section not applicable a. Length b. Average distance from NHW, N , or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This 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 v; -z �Id 0 6 RECEIVED DCM WILMINuTON, NC Form DCM MP -4 (Structures, Page 4 of 4) 7. GENERAL 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 7t5' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑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 t NL or NWL 4' 8. OTHER [I This section not applicable a. Give complete description: 910Y % Date Project Name ou:+4-- }x58— /V I �C_ SUFI /2LL� Applicant Name Applicant Signature RECEIVED DCM WILMINGTON, NC c� L7i 4"7 t rm Llc 0 C... z m ry G) m 00 z z 0 O uJ >Z w— w cc TO AIWW U I 9 GINA POODLE 227 FLORIDA AVE. CAROLINA BEACH MYRTLE GROVE SOUND 74' R _ 715' Tx 13' LIFT W W W W _ 16'x 24' ROOF RIPARIAN CORRIDOR 1 121 x 20' DECK ' x 16' RAMP MARTHA MILLER I I 6' 225 FLORIDA AVE. Z� W W W W IER CAROLINA BEACH Imo— A c W — Y W W RIPARIAN CORRIDOR Z'Y W W W W STEVEN H DALE S MATTHEWS COASTAL WETLANDS / CLAYTON, NC PIER HEAD SETBACK l BULKNEA (EXISTING) NHW I (#) BOAT SLIP 3506 TALL PINE CT WILMINGTON, NC 28409 No. Description Date Miller 225 Florida Ave. PAGE 2 OF 3 Project Name Miller '',� ^ N OVF.RBF. -K 910-386-8883 Date a AUGUST, zon _ PAVE 02 � --• Carolina Beach, NC ,Drawn by GGPS j Checked by DJS Scale 1"= 30' a x 16' ALUMINUM RAMP 2'x 20' GAZEBO 16'x 24' ROOF BOAT LIFT FLOATING DOCK % ' x 30' PIER � 71 NLW 10"0 PILES (TYP) EMBEDED 10'- 14' ., No. Description DatePAGE3 OF3 Miller 3506 TALL PINE CT WILMINGTON, NC 28409 2255 Florida Ave. Project Name Miller N OVERBECK 910-386-8883 Date 4 AUGUST, 2017 PAGE -03 N n Carolina Beach, NC Drawn by GGPS Checked by DJS Scale 1" = 10' a