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HomeMy WebLinkAbout20180140 Ver 1_CAMA Application_20180128C��DM 14' IN 9 � 2 018 Coastal Management ENVIRONMENTAL QUALITY df January 23, 2018 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting 4 0 ROY COOPER D Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)-ncdenr.gov Fax: 395-3964 (Courier 0416-33) SUBJECT: CAMA Application Review Applicant: Frank H. Dunn Project Location: 401 W. Blackbeard Rd., adjacent to Hewletts Creek In Wilmington, New Hanover County Proposed Project: to extend an existing pier 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 February 16, 2018. 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 APPLICANT'S NAME: Frank Dunn c/o Jimmy North 2. LOCATION OF PROJECT SITE: 401 W. Blackbeard Road, adjacent to the Hewletts Creek, in Wilmington, New Hanover County. Photo Index — 2006: 23-7388: M 4-6 Latitude: 34°11'24.85"N Longitude: 77051'27.91 "W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -1/12/2018, 1/19/2018 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received —11/15/17, 1/11/2018 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned - N/A (F) Type of Structures: Existing — Single family residence, pier, platform, floating dock Planned — extend existing fixed pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading) (B) Non -Vegetated Wetlands 300 ft2 (Additional (Open water) inco orated (C) Other (Highground) (D) Total Area Disturbed: 300 ft2 (<0.01 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility within Hewletts Creek. Frank Dunn c/o Jimmy North Page 2 9. PROJECT DESCRIPTION: The project site is located at 401 W. Blackbeard Road, adjacent to Hewletts Creek, within the City of Wilmington, New Hanover County. To locate the property heading south from Oleander Drive (NC Highway17), tum left onto Greenville Loop Road and travel west past Bradley Creek Elementary School until you reach Pine Grove Drive. Tum left onto Pine Grove Drive and continue for 1.2 miles until you reach Masonboro Sound Road and take a left. Travel approximately 0.1 miles and tum left onto Buccaneer Road. Travel 0.4 miles and tum right onto W. Blackbeard Road and the property of interest will be located on the left. The applicant currently maintains a single-family residence on the property, which averages approximately 5-6' above normal high water (NHW) and the approximately 1 00'of shoreline is currently stabilized by vegetation. Adjacent to the shoreline, there is a border of Coastal Wetlands, approximately 330' wide. The marsh vegetation consists of Smooth Cordgrass (Spartina altemiflora), Black Needle Rush (Juncus roemarianus), and Salt Meadow Grass (Spartina patens). Several small shrubs just waterward of the highground include: Marsh -elder (Iva frutescens) and Grounsel-bush (Baccharus halimifolia) which complete the transition into the base of the yard. The open water area of Hewletts Creek adjacent to the applicant's property is approximately 350' in width. Based on site visits at this location, the water depth within this area of Hewletts Creek averaged approximately 0' at NLW at the waterward end of the existing float. The previous property owner (J. Warren), obtained General Permit No. 35080-D on December 29,2003 for a private two (2) slip docking facility. The facility was constructed and the permit expired on March 29, 2004.There is currently a 350' in length by 6' in width fixed access pier that extends in a northerly direction into Hewletts Creek. At the terminus of the fixed pier is a 20' by 20' covered platform which creates an "L -head" configuration. Extending from the northern edge of the covered platform is a ramp that leads to a floating platform measuring approximately 6' in width by 25' in length and extends perpendicular to the shoreline. The Wilmington/New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Hewletts Creek are classified SA by the Division of Water Resources. They are designated as a primary nursery area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing private docking facility within Hewletts Creek. The fixed pier would be extended by 50' in length for a total pier length of 420'. The applicant proposes to move the previously permitted 6' by 25' floating dock to the terminus of the lengthened pier. The covered platform would remain unchanged. The total length of the facility from the edge of Coastal Wetlands would be approximately 130' into a waterbody that measures 350' in width. The application states that the purpose to extend the pier would be to allow access to the floating dock at mid to high tides. The application states that the water depth at the location of the waterward end of the proposed docking structures would be -2' at NLW. However, during a site visit conducted by NC DCM, the water depths in the location of the proposed floating dock ranged from approximately 0' to -0.33' at NLW. 10. ANTICIPATED IMPACTS: The proposed private docking facility would incorporate an additional 300 ft2 of Public Trust Area and Estuarine Waters. The proposed structures would extend approximately 130' into a waterbody, which measures approximately 350' across in this location of Hewletts Creek. This distance would NOT conform to the 1/4 width rule, and would also exceed 113 the width of the water body. The application states that the proposed extension would not encroach into the navigable channel of the water body. Based on the submitted drawings, the proposed structures would not encroach into either 15' adjacent riparian corridor setback requirement. The construction would provide docking space for a total of two (2) vessels. Due to the limited amount of water, approximately 4 to -0.33' at NLW located on this side of Hewletts Creek there will be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers to access the channel of the creek. Minor increases in turbidity should be expected during the construction process. Submitted by: Courtney Spears Date: 1/22/18 Office: Wilmington --- RECEIVED ----- DCM WILMINGTON, NC IN M! .l APPLICATION for Mayor Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT <Form continues on back> RECEIVED CM W!LMINGTON. NC 252-808-28138 .. 1-888-4RCOAST ., www.necoastalmanagement.net Business Name •- .,a :: ,.-fi�..�;. � , a ...,,r*� ..'".ate �.: _ '..' � :.,. - t � �v: �'�xa *.�,�` ��, s� Business Name Liss Project Name (if applicable) q C, L- 6V � Applicant 1: First Name MI Last Name Last Name I' OQ-1— Agent/ Contractor 2: First Name MI Last Name Applicant 2: First Name MI Last Name City 4,41 State N e 3 r if additional applicants, please attach an additional page(s) with names listed. t--); Mailing Address PO Box Phone No. 2 City 2 0 T J State '-� ext. FAX No. ) Street Address (if different from above) ZIP Country State Phone No. AX No. 1 K4 v� � - { Lc� 520 (' 441 ext. Street Address (if different from above) City State ZI P Email ►"o C- M fnGeo . Leo,-,, <Form continues on back> RECEIVED CM W!LMINGTON. NC 252-808-28138 .. 1-888-4RCOAST ., www.necoastalmanagement.net Business Name I q Liss q C, L- 6V � Agent/ Contractor 1: First Name MI Last Name I' OQ-1— Agent/ Contractor 2: First Name MI Last Name Mailing Address G J ��� v; l �e �� �. PO Box City 4,41 State N e 3 r t--); ZIP Phone No. 1 Phone No. 2 2 0 T J �j O 3� S �� ext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> RECEIVED CM W!LMINGTON. NC 252-808-28138 .. 1-888-4RCOAST ., www.necoastalmanagement.net I Unn vvrvi rvir- 1 kr"dlye L of 4) APPLICATION for Major Development Permit +' t igkc_ C" 6' y y` .r.1 t.� S 'F"{y m, t }: C, g'F" x • x t _,+,� rr . b County (can be multiple) Street Address P� 8� n 1 J �d StateRd.# b. Size of entire tract (sq.ft.) coo 1 Gam. ao oo" Subd' . ' n Name City State Zip /�q<5 �ovtr`' t AJC o g Phone No. Lot No. (s) (if many, attach additional page with list) �/O - SAO- ext. r e 5 t Of", nQ l(, a. In which NC river basin is the project located? 12 b. Name of body of water nearest to proposed project � P c a✓' ! v it_," NP cJ IC Y (s C e r t 4 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 1 / e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed [9Yes []No work falls within. r i?Wa"01 k < OEM p £k5 `RS v'�F \ 4 3.;I 44:'' yt.y Y SCJ.k+i.� .}Y�• *':. 4 t r_ -'�'[Y,t'b=a Ea.. .. :x c ..._ ... .'. a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) L P ao oo" c. Size of individual lot(s) / d. Approximate elevation of tract above NHW (normal high water) or NWL level) f r d/ p s S (normal water S G (If many lot sizes, please attach additional page with a list) gNHW or ❑NWL e. Vegetation on tract , /j_ ol/ f. Man-made features and uses now on tract(y n ��aG`1! GL�g,ClLG/ /itCV c0�`0is�a% �Ca."z/ z r v/ �jf i S4— f.�ses g. Identify and describe the existing land uses adjacent to the proposed project site. r e 5 t Of", nQ l(, h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? _ n �... �f1 Q f res r ox (Attach zoning compliance certificate, if applicable) Wes ❑No [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Mo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes Flo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes Xo ❑NA National Register listed or eligible property? <Form continues on next page> r;LCEIVED 252-808-2848 .. 1-888-4RCOAST . wwwr.necoastaimanagement.net Ful iii v%aw rvir-i �rayc o cn 4/ APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? es []No (ii) Are there coastal wetlands on the site? AYes (:]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes 6No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. C 0-a,�Y7 5et-� r e r -19U k, o. Describe existing do ing water upply source. cc p. Describe existing storm water management or treatment systems. `�K� x:4z f � � '" ^ 4a�.'u.ttT d,t ,� ? r t1 e i'�1yn 'f".r z1 � � r � - t -•A�' �F � .v: a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government �� ff v (k � >�'rivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. �0 0, C Ge S5 Cl e f`� �f C-c�G��©�. 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. r 1 � r / / �I .� C©w 5 l i ee � u � �-✓ �; tl S" S �fS % Sed` ��i �ftisS (�d� LrC�./v�Yt�m [S IC f -t -to © n/ S i z e (d/ r<<^ S C'-� ns S V: u G 1 rr9 n% d. List all development activities you propose. (y �u%/0�C. d /X �C/ �10� e,Y-Ce^is © ode- d- "-OLV. e. Are the proposed activities maintenance of an existing project, new work, or both? ti'P J t.Jo✓`L f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres K-) 0 g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes Wo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. SG{, ace Pu�O 11— i. Will wastewater or stormwater be discharged into a wetland? ❑Yes QgNo ❑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? []Yes o [INA If yes, attach a mitigation proposal. <Form continues on back> -`,'ECEiVED i" 1 'P71 GTO 252-808-2808 , -9-888-4RCOAST . www,nccoastaimanagement.net �, fV,NC AFFLICAIIVN for Major Development Perrrrit ar�er#iic%an �r>Yd P�ss[oror>'rr Land t t 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 t7q, th information provided in this application is truthful to the best f my knowledge. Date _ / Print Name —d r /?*`` `7 %v Signature lc/ V 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 XDCM MP -4 Structures Information RECEIVED CI'v, WILMINGTON, INC 2a^s-Sfl8-2808 .. 1-388-4RCOAST www,nccaastaIrnana9ement.net - v 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. '�f(r'Y#�t"k , iaJ�^.. �� {+ ry�•y 3J(R Y -sem '�+,f[,. - _,h"t ' Fl� ..Ni Name o (,, (-ce (S Phone No. Address k3i= qO s w �3(�C_ �P01Vc') , 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. ar�er#iic%an �r>Yd P�ss[oror>'rr Land t t 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 t7q, th information provided in this application is truthful to the best f my knowledge. Date _ / Print Name —d r /?*`` `7 %v Signature lc/ V 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 XDCM MP -4 Structures Information RECEIVED CI'v, WILMINGTON, INC 2a^s-Sfl8-2808 .. 1-388-4RCOAST www,nccaastaIrnana9ement.net 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. a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government Private/Community []Yes Po c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes Oo (ii) Number _� If yes: (iii) Length S� r (ii) Number (iv) Width G r (iii) Length (v) Floating ❑Yes VNo (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes A.0 f. (i) Are Boatlifts included? ❑Yes Zlo If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing 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: _ 39Ne— i. Check the proposed type of siting. ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel Z9pen water; no dredging required ❑Other; please describe: k. Typical boat length: 1�0 m. (i) Will the facility have tie pilings? ❑Yes 2So (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). �csNCt Y/ON.r1 I. (i) Will the facility be open to the general public? [] Yes No RECEIVED XIM W!Li 1 nt G; QN i`;C 252-808-2808 :: 1-888-4RCOAST ;; www.nccoastaimana-ement.net revised; 12/27/06 Form DCM MP -4 (Structures, Page 2 of 4) �;a�` a v. .1 "`eg a 00 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. G. Describe the disposal of solid waste, fish offal and trash. 0114- d. How will overboard discharge of sewage from boats be controlled? P.i/q- e. (i) Give the location and number of "No Sewage Discharge" signs proposed. f2 (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. i� g. Where will residue from vessel maintenance be disposed of? "i rP h Give the number of channel markers and "No Wake" signs proposed. &2A , 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? �a ljr 4 k. Describe design measures that promote boat basin flushing? Jl� 14 I. If this project is an expansion of an existing marina, what types of services are currently provided? /v)4 m. Is the marina/docking facility proposed within a primary or secondary nursery area? [Yes ❑No RECEIVED My, UJ!I int\II�?nR ..r i v 252-808-2808 - 9-888-4RCOAST ^ w_w-w.nccgasta1mapAgeLmen4.net revised: 92/27/06 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 marina/docking facility proposed within or adjacent to coastal wetlands/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. 9CW O ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes kNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 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. a. (i) Number (ii) Length (iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL 252-808-2808 ;: 1-888-4;! COAST :: ww-yv.neco.astalmanagernent.net Form DCM MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines t Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body fid' e. (i) Will navigational aids be required as a result of the project? ❑Yes 41 l [INA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. i WO d. Water depth at waterward end of structure at NLW or NWL 110, Uthis secti6h h6fapplicable a. Give complete description: RECEIV D 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net CCV1r9&W—.: t�l@NAfC "-1") __ �' �.; +. O �`�- � c C C n �. t0 � �� � � �- � � � � 1 — Iy, ems: \� ` 1, ^ t �' �., � 1 �� � ` I f� � /' i � 1 � ..� � � � JI 1 !'� v , � 3 ..,. Z � 1. F %. `�� �� Q � � V r z 4-c' ,'nZ)s of 41/se/-61 o• N r(::� �oJ U W C? ,— > C-4 V ,N