Loading...
HomeMy WebLinkAbout20180123 Ver 1_CAMA Application_20180123Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting FROM: SUBJECT: Applicant: Project Location: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cD-ncdenr.gov Fax: 395-3964 (Courier 0416-33) ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director CAMA Application Review Normann Properties, LLC 8532 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, In Wilmington, New Hanover County Proposed Project: to expand an existing private 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, 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 2 4. W 7. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Normann Properties, LLC c/o Mark Clements LOCATION OF PROJECT SITE: 8532 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index -2006: 22-7430: M,11 Latitude: 34°17'39.06"N Longitude: 77°44'.44.31"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/11/18 PROCESSING PROCEDURE: Application Received —1/9/18 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 — vinyl bulkhead, access pier, floating dock Planned — New additional floating dock section and boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLFD OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands O en water 329 ft? (Incorporate (C) Other (D) Total Area Disturbed: 329 fF (< 0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility within Middle Sound. Normann Properties LLC c/o Mark Clements Page 2 9. PROJECT DESCRIPTION: The project site is located at 8532 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 Highway 17), 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 south approximately 0.6 miles and the property of interest will be located on the right. The property is approximately 0.9 acres and is approximately 22' above normal high water (NHW). The upland area of the property is currently undeveloped. The approximately 136' of shoreline is stabilized by an existing vinyl bulkhead which was built in 2017 and authorized via General Permit 69317D. Waterward of the bulkhead on the southernmost end of the property is an area of Coastal Wetlands measuring approximately 15-20' in width and 25' in length consisting primarily of Smooth Cordgrass (Spartina alterniflora). The property is bordered by residential properties to the north, south and west. The properties to the north and south are developed with single family homes and private docking facilities. Mr. Normann owns the lot to the north as well, and the next riparian property is owned by Porters Neck HOA. Waterward of the existing bulkhead is an existing access pier, measuring approximately 20' in length by 10' in width, which extends towards the AIWW in an easterly direction. At the terminus of the pier an access ramp leads from the access pier onto a floating dock, measuring approximately 32' in length by 8' in width, which runs in the same alignment as the access pier. The pier was authiorized via General Permit 449765D issued to H. Ward (previous owner) in 2006. NHW meets the bulkhead. The application states that the existing docking facility currently accommodates up to two (2) vessels in water depths of approximately —2.8' to -4.6' at NLW (See Sheet 1 of 2). However, upon a site visit conducted by DCM on 1/11/18 at 10:30am water depths in the vicinity of the floating platform ranged from -1' to -2.5' at NLW. Although it is not growing season, there appeared to be some sparse dead SAV grass covered in brown algae located throughout the project area at the time of the site visit. 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: 9. The applicant proposes to expand an existing private docking facility within Middle Sound. The application states that an additional section of floating dock measuring approximately 20' in length by 8' in width would be added to the end of the existing floating platform running perpendicular to the channel in the same direction as the existing floating platform. A new 13' by 13' boat lift would be added to the southern terminus of the new floating dock section. The application states that the other portions of the existing facility would remain the same. The application states that the proposed expansion of the existing facility would accommodate up to four (4) vessels in water depths ranging from approximately -2.8' to -4.6' at NLW. However, upon a site visit conducted by DCM on 1/11/18 at 10:30am water depths in the vicinity of the floating platform ranged from -P to -2.5' at NLW. The facility would extend approximately 91' into a water body measuring 632', which would meet the quarter width requirement and would be 175' landward of the federal channel setback (see Sheet 1 of 2). 10. ANTICIPATED EMPACTS: The proposed new configuration would incorporate an additional approximately 329 ftZ of Estuarine Water and Public Trust Areas. The proposed new configuration would not encroach into the adjacent 15 -foot Riparian Corridor Setback Area requirement. The proposed structures would extend approximately 91' into a waterbody measuring approximately 632' 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 four (4) vessels in water depths of ranging from approximately —1.0' to -2.5' at normal low water (NLW). Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: 1/11/2018 Office: Wilmington Narrative for; Kel Norman 8536 Bald Eagle Ln. Wilmington, NC 28411 Dear Committee, We are requesting at this time to install a second floating dock and a boat lift at our pier. We have considered moving the existing dock out 150' to gain more water depth however Mr. Clements feels confident that we should have enough water depth for our boat lift by just adding to our existing floater, and saving us the expense of rebuilding our dock. Thank you for your time in this manner and we hope with your approval we can move forward on this project. Best Regards, RECEIVED DCM WILMINGTON. NC DOE MP -1 APPLICATION for .F Mayor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Clements Marine Construction Kel Norman Agent/ Contractor 1: First Name Last Name Last Name Applicant 1: First Name MI Clements Agent/ Contractor 2: First Name MI Last Name Norman Mailing Address Kel City State 112 Circle Drive Applicant 2: First Name MI Last Name ZIP If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City 910 - 620 - 9110 State 1228 Radcliff Drive 910 - 270 - 9110 ext. Sanford Contractor # NC ZIP Country Phone No. FAX No. 27330-8200 new Hanover 919 - 770 - 4387 ext. Email - - Street Address (if different from above) City State ZIP 8536ftild Eagle In Wilmington NC 28411- Email normann.kel@gmail.com 2. Agent/Contractor Information Business Name Clements Marine Construction Inc,. Agent/ Contractor 1: First Name MI Last Name Mark H Clements Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910 - 620 - 9110 ext. 910 - 270 - 9110 ext. FAX No. Contractor # same Street Address (if different from above) City State ZIP Email clementsmarineco@bellsouth.net RECEIVED <Form continues on back> DCM WILMINGTON, NC Form DCM MP -1 (Page 3 of 5) APPLICATION fpr Major Development Permit 3, Project Location ,ILk� County (can be multiple) StreetAddress State Rd. # new hanover 853ftaldeagle lane Hwy 17 Subdivision Name City State Zip porters neck wilmington NC 28411 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 620 - 9505 ext. 1, I I , a. In which NC river basin is�the project located? 11 b. Name of body of water nearest to proposed project OV C- Cy� iea jr - e W AICW 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 AICW 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. new hanover 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 136' 39064 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 8968 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 22' ®NHW or ❑NWL e. Vegetation on tract lawn grass some oak trees f. Man-made features and uses now on tract pier g. Identify and describe the existing land uses adjacent to the proposed project site. private residential homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No [INA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC Form DCM MP -1 (Page 4 of 5) 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. private septic o. Describe existing drinking water supply source. well and or county p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. to be used as a private pier for water access. 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 install an floater and boat lift for private use. a barge will be needed to install the lift and two poles for the floating dock. d. List all development activities you propose. To install a floating day dock. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? n/a ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No [INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff i. 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 ❑No [INA If yes, attach a mitigation proposal. 1\ U DCM WILMINGTON, NC <Form continues on back> Form DCM MP -1 (Page 5 of 5) APPLICATION four 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) — (0 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 charles paone Phone No. n/a Address 8528 Baldeagle lane wilmington nc 28411 Name porters neck HOA Phone No. Na Address 1630 milatary cutt off wilmington nc 28403 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. gp69317 cama minor 17-15 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. 1 7. Certification and Permission to Enter on Land 1 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^ knowledge. Date 12/27/2017 Print Name Mark Clements / . /% / 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 ®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 all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length existing (iv) Width (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 2 (iii) Length 20'"O xf" �� (iv) Width 8' (v) Floating ®Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 2 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: k. Typical boat length: 25' El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ®No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 1. (iii) Length 13 (iv) Width 13 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. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed I. (i) Will the facility be open to the general public? RECEIVED DCM WILMINGTON, NC Form DCA MP -4 (Structures, Page 2 of 4) m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? ❑Yes ®No 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? RECEIVED DCM WILMINGTON, NC u For ,DCM P-4 (Structures, Page 3 of 4) 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 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. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marina/docking facility located within or within close 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) ®This 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.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a- Length b. Average distance from NHW, NWL, 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 a 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. RECEIVKl QCM WILMINGTON, NC Form 0C P,.4 (Structures, Page 4 of 4) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines N.43' s %s Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 637" e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No [INA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. n. 58's. 37' d. Water depth at waterward end of structure at NLW or NWL 3'5 NLW 18. OTHER ❑This section not applicable a. Give complete description: we wish to install a new floating dock and boatlift on our existing pier to gain access to deeper water. 12/27/2017 Date kel norman Project Name mark clements Applican N e .11 Applicant Signature RECEIVED DCM WILMINGTON, NC F-5-56 Noqw� �c Rifti-5 Nlc - i A A�C� NovWuLilil PrU r -e u, 2 I �2� REC7,4�pne- DCY WILMINGTON, NC V&& Io- zo' IND 2a z - MAO RECEIVED JCM WILMINGTON, INC