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HomeMy WebLinkAbout20180122 Ver 1_CAMA Application_20180123Coastal Management ENVIRONMENTAL QUALITY January 16, 2018 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting FROM: SUBJECT: Applicant: Project Location: Heather Coats, Assistant Major Permits Coordin NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coats(a)-ncdenr.goov Fax: 395-3964 (Courier 04-16-33) ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director CAMA Application Review Gerald Hayes 82 Pelican Drive, adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: to replace an existing "U-shaped" float at an existing 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 February 9, 201%. 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: Gerald Hayes c/o Jimmy North 2. LOCATION OF PROJECT SITE: 82 Pelican Dr., adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. Photo index— 2006:24-7411: V, 4 Lat.: 34"13'03.57"N Long.: 77"48'17.48"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —1/9/2018 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received —1/3/2018, 1/11/2018 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Wrightsville Beach Land Classification From LUP - Developed (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Single-family residence, bulkhead, fixed pier, partially covered platform, floating dock, two boatlifts Planned — replace existing floating dock in same footprint (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. A HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 292 ft' (C) Other (Highground) (D) Total Area Disturbed: 292 ft2 (<0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No PROJECT SUMMARY: The applicant proposes to replace an existing "U-shaped" float at a docking facility within Lee's Cut. Gerald Hayes c/o Jimmy North Page 2 9. PROJECT DESCRIPTION: The project site is located at 82 Pelican Drive; adjacent to Lee's Cut/Greenville Sound in the Town of Wrightsville Beach, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO) travel east on Eastwood Road approximately 3 miles towards Wrightsville Beach. From the AIWW drawbridge, continue to travel east on West Salisbury Street (US HWY 74) for approximately one mile. Turn left onto Pelican Drive and travel east. The property of interest will be located on the left. The property is approximately 0.2 acres with an elevation of approximately 5'above normal high water (NHW). There is approximately 70' of shoreline frontage along Lee's Cut, which is currently stabilized by an existing bulkhead. The applicant currently maintains a two-story single family residence on the property. Upland vegetation consists of maintained lawn grass and ornamental landscaping. There are Coastal Wetlands waterward of the bulkhead measuring approximately 20' in width, which consists primarily of Smooth Cordgrass (Spartina alterniflora). Waterward of the Coastal Wetlands is a fringe of oyster shell measuring approximately 10' in width. All Coastal Wetlands and oyster shell are landward of the existing partially covered fixed platform. The applicant currently maintains a private docking facility within Lee's Cut. An existing access pier, measuring approximately 30' in length by 6' in width extends waterward towards Lee's Cut, which terminates onto a fixed partially covered platform measuring approximately 15' in length by 25' in width creating a "T -head" configuration. An access ramp leads onto an existing "U-shaped" floating dock, with the main spine measuring approximately 22' in length by 6' in width, and the two finger piers each measuring approximately 20' in length by 4' in width which runs perpendicular to the shoreline and channel. There are two (2) boatlifts each measuring approximately 13' in length by 20' in width, one each on the outside of the "U-shaped" floating dock. Along the southern side of the main spine is a jet dock measuring approximately 8' in width by 10' in length. The application states the existing docking facility currently accommodates up to five (5) vessels within existing water depths of ranging from approximately -2' to -7' at normal low water (NLW). However, the application includes the jet dock as a slip, which is viewed as platform space according to DCM regulations, so this facility currently accommodates four (4) vessels within formalized slips. GP 69361D was issued to Mr. Hayes on 8/4/17 for the addition of the boat lift in the eastern slip. No other permit history was located. The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of Lee's Cut, in Greenville Sound are classified as SB#, by the NC Division of Water Resources. These waters are NOT designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to replace an existing "U-shaped" float at a docking facility within Lee's Cut. The current float would be removed and a new "U-shaped" floating dock, with the main spine measuring approximately 22' in length by 6' in width, and the two finger piers each measuring approximately 20' in length by 4' in width which would run perpendicular to the shoreline and channel, would be installed. Gerald Hayes c/o Jimmy North Page 3 The applicant also proposes to re -deck the entire facility and replace all handrails. All other aspects of the facility would remain the same. The application states that the existing water depths at the location of the proposed and existing structures is approximately -2' to -7' at normal low water (NLW). The proposed new docking facility configuration would continue to provide docking space for four (4) vessels at this location (See Sheets 1 of 2). 10. ANTICIPATED IMPACTS: The proposed new structures would incorporate 292 ft2 Public Trust Area and Estuarine Waters which is currently usurped by the existing "U-shaped" floating dock. The structures would not encroach into the 15' riparian corridor setback requirement of either adjacent riparian property. The proposed structures would extend approximately 60' into a waterbody that measures 320' in width, which would conform to the 1/4 width rule and would not exceed the established Town of Wrightsville Beach pier head line. The proposed structures would accommodate up to four (4) vessels at this location within current water depths ranging from approximately -2' to -7' @ NLW. Minor increases in turbidity should be expected during the construction phase of the project; however, turbidity levels should return to normal once the project is complete. Submitted by: Courtney Spears Date: 1/11/2018 Office: Wilmington h(t, Rem MP -1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT z� t 1 Y '� Fj £k � ��/( qL-£�/ �i ,j e' C, r' ! da`x-t xk�$` $` 4 ♦$T`�` -4 "$.+. V-J�YrtA _ J "3 ".,.2 � Y Y . [3 , ��.7'T}szt4Y. ,_ 1. � .. s � _ •^r ....11 33h4 _.. o `i 1.. i 'Sim a Y r ,.. 1T.'R Business Name Project Name (if applicable) Applicant 1: First Name . 6 -Is -e, -A10/ MI Last Name t d 4 r,5 - Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address h it C, i 0/- PO Box Cit \u cr nr.J State ZIP �' 3 3 Country U. �. Phone No. �7C� C; - 3Q ext. FAX No. Street Address (if different from above) City State ZIP Email tf /Gt (. V /-7 `^' p'K 'xer._ �.3���"`%�`�rt�#'; �, s ,��•w. �"yrs-,k� 'a, :c iSE... ,:.�,:. a���.�.�z.�.�r,�'3K "5 '._'`3 ;. '�-, t� .�.i '4i, -�iP Business Name 1 r Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address n Cc 3 �% %r %5 �rYs�, PO Box City r State ZIP 3 Phone No. 1 Cj/� v� 3 S/ c/ ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email _ m,c, <Form continues on back> RECEIVED JAN 0 3 20% 252-808-2808 .. 1 -888-411COAST -: www.nccoastaimanagement.net NCDEQ WILMINGTON RO Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3 Pro/ect 46icatfon b -C �.3.r �x N .}S e A - '� .+xt 'n 9 i_ ...aEra'" r � �' y, Y "�• � s � W w t County (can be multiple) Street Address State Rd. # d. Approximdie elevation of tract above NHW (normal high water) or 4"J �; Z� Subdivision Name City State Zip CCa� flir � �srY/a. CJr;5brlsIrll/e- ; c4 AJt 6!;b'c/F D g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? Phone No. Lot No.(s) (if many, attach additional page with list) l O- iJ' 0- C 3 3 v ext. 1 r I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CGS f lC Le°rrs �e4 c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. �RWatural ❑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 %Yes [:]No work falls within. �t> (—);"'.5 � S psi � t� q`�•4 ^cam^ � .z�S :. 8).zS:i�VC �z'Ei�{,.�.i.'}, Y. !'ix ' `'9��*.at'.c�cb4�':+. i+ � C `' 2 .i `}.Ja�.�+C� `Y •h c°". - b -C �.3.r �x N .}S e A - '� .+xt 'n 9 i_ ...aEra'" r � �' y, Y "�• � s � W w t a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ) 0 d. Approximdie elevation of tract above NHW (normal high water) or c. Size of individual lot(s) �; Z� NWL (normal water level) (If many lot sizes, please attach additional page with a list) �NHW or ❑NWL e. Vegetation on tract CCa� flir � �srY/a. f. Man-made features and uses now on tract -11 6,![��ip�Gt� L%u^c�4NC/ %a(Vrtis cLacicSy ,lJr�c;(r /�T�� IYcuse� Piro 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? p� r1,Cf rn. f �{ 4 l rS C) (Attach zoning compliance certificate, if applicable) Oyes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes Mo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes Io [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes Mo ❑NA National Register listed or eligible property? <Form continues on next page> �:hCEiVED AN 0 3 2018 252-808-2808 . 1-888-4RCOASST . www.yaccoastaimanagement.net NCDE® WILMINGTON RO Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ayes CNo (ii) Are there coastal wetlands on the site? ayes 0No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes 12INo (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. Ji a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government IJ /' 0" v JCYf - ,}E3Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. A �1 a rj• I f d oc d e cic s 6'/ c Cc r-sS (s' A I/ f r�i G L.0 s Q. r Le. S e Cid Y 'I 0 jC;Tc �� Y`[of�� (ao�Cis u�Jd GlCCFs5 `��te�vfa. 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.(1 P; �� r'j` f r S (Vo S e t fry 5 r1 i -S c� a loa )c/vim 1r -s d. List all development activities you propose. n, - pl0,C-C, 0-0 do//���s/ r P l C ef _ e. C( C -I c / 5 OL -lel d) G 14. e. Are the proposed activities maintenance of an existing project, new work, or both? Z' -f- t')' i P, D-3 ec_�� f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres a ")a -J g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes 15No [INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sul( -CCK c. v Uyk-)c)~fl-c— i. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑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 Ao ❑NA If yes, attach a mitigation proposal. <Form continues on back> SAN 0 3 2018 252-808-2808 .- 1-888-4RCOAST .. www.nccoastallmansgement-net VCIDEQ ,NlLMIIiV0' ON RO Form DOM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 'iVi �I ddit. On �n aa7�frtrb��to fhb cox�fetebi spplidafk�n fot�tr3%�t/'�1� tf� fo/fowln� �terxr��bplQw of ajti/tlu�ble t►tust"be st<bm�fted In oraierfor'WeN �Catxxr �� pakaS fo Crso%rj�lse ftems (�j (ij �rtea/�va aj��abl�t� �riy �Fra�pr�c�avefo�rriertt appllcatlgn �'f���e consult appl���� ; �s t _.Y„ f i#.;z�:'. rio. .. ,. Gr..-:,�. v. t ;; k'�. .? .k,:� �i„H ,a. ��ayw�.• 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. yy 'h r11CUI Q at E i 8i y 54' '�:aa .M. � e /'1 !V f '� 3 �yyTy Y q y .( ) { s .r A ' s✓` 5.�` t 3 _y Name Phone No. Address j�}dfg k k_; a �' f'hOriA IVo �; fi a x a� ;� c��,t rx J � s �c ��y�>c�rxr' "�`+` x�� � r�,,s" Y.� �����r •. ��� �5 4 ap�n � ti r�� ��#w���; g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. #Logi 3TV 1 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 o y knowledge. Date �j� 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 BOOM MP -4 Structures Information RECEIVE[ AN 0 2018 2 r2-808-2508 ., 1-8138-4RCOAST .. www.nccoastalmanagernent.net 'ACDEQ !,ilLMINGTON RO 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 ail supplemental information. .,Doc F�4ftT3fIMx4ElCaHA#AC"flC Q1'irfs see�ia crat`ap�P�icabfe a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government Private/Community ❑Yes $No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? OYes ONO (ii) Number If yes! (iii) Length 2 (ii) Number o` (iv) Width � w O Length 9 C7_ (v) Floating JOYes ❑No (iv) Width G ' (v) Floating Wes ONO e. (i) Are Platforms included? ❑Yes )�INo f. (i) Are Boatlifts included? ❑Yes ,ONo 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. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 7 El 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: �=S i 'e��.�.�i a % e .11, PP5 i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). Open water; dredging for basin and/or channel QP, �" u'���� fou 1�5 ❑Open water; no dredging required ❑Other; please describe: S I. (i) Will the facility be open to the general public? k• Typical boat length: ❑Yes fglo m. (i) Will the facility have tie pilings? ❑Yes ,5No (ii) If yes number of tie pilings? ;4ECE vE 252-808-2808 ;; 1-888-4RCOAST :; www,necoastalrnanafae ent-net re4r"WWAWN&16 MCDEG „till gAIAIf'_Tr%W On Form DCM MP -4 (Structures, Page 2 of 4) D..DCK/NG FACX1TYYfMARINA ,OPkRAT/O.NS CITh►s sic ron noE pphcab�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. 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? /4/y, h. Give the number of channel markers and "No Wake' signs proposed. j0114 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. k-14 / j. What will be the marina policy on overnight and live -aboard dockage? AJ k. Describe design measures that promote boat basin flusning ! 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? [les ❑No �; 252-808-2808 :: 1-8.88-4RCOAST s: vvw�nf.nc�oastalrasa���emersi.ne# � � 4��Ui16 .1/11 1AIAI/3Tf1A1 G!'1 Form DCM MP -4 (structures; Page 3 of 4) 1 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ,5lo 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. '6CW © []SAV []SB ❑WL [None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 15No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. ._ BI TH4USEr►cicrdri*�yoveied rrtisJ Ns.secfron r►of a�p7ioab/e a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. c. Maximum distance beyond NHW, NWL or wetlands 6: M(OORtNG Pxms and BUOYS finis se tort 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. Are of the swing 7. GENERAL RECEIVED .252-808-.2808 ;: 1-83£3-4RCOAST vv�,v�,i,nccoastalfn raagernert ,;net f-1 l! �71LUIO�a NCDEQ Form DCM MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines I 1� Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body A&C r e. (i) Will navigational aids be required as a result of the project? ❑Yes fgNo ❑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 7 S. QTHER " "` "... ❑This section ant epplrcabte a. Give complete description: Ap�i6c�irttNar�e' - Applicant Srgatur RECEIVED 252-808-2808 1-888-4RCOAST :: JAN44404'27,'06 NCDEQ Wit RA1K1f3TAA1 OA S �:�rtiw i 5 ex / Pe. y<5 Lit& `1 V 0see, le- / a 2 foosPc� r.e (j 14 cry ojoc-ics < C I)eCUri,, S era lob lea -le S f GOPe 5 / 'DaU; ot `opSdon> To pe-ile`sAJ !J r RECEIVE: JAN 0 3 201a