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HomeMy WebLinkAbout20090158 Ver 1_CAMA Permit Application_200702169_0158 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary 6z, r=adc? ? February 11, 2009 MEMORANDUM: FEB 16 2009 UW-WAMQUAMY TO: Cyndi Karoly, Supervisor WE M MU ORMWATER6fil D 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Rob Boswell Project Location: 308 Bradley Drive, adjacent to Bradley Creek, in Wilmington, New Hanover Co. Proposed Project: To demolish the existing pier and floating dock facility and construct a new private pier, w/gazebo, floating dock and boatlift w/mooring for 4 vessels Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 7, 2009. If you have any questions regarding the proposed project, contact Holley Snider 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. 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 DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity'. Affirmative Action Employer One NorthCarolina Natlara'llff FIELD INVESTIGATION REPORT DIVISION OF COASTAL MANAGEMENT 2 3 4 APPLICANT'S NAME: Rob Boswell LOCATION OF PROJECT SITE: 308 Bradley Drive, in Wilmington, adjacent to Bradley Creek in New Hanover County. Photo Index - 2006: 23-7390 V: 6,7 2000: 23-289 U:7 1995: 23-272 W:15 State Plane Coordinates - X: 2353594 Y: 170076 GPS - O 120510A Lat: 34°12"41.65795"N Long: 77049'49.89529-W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit-12/05/08 1/27/09 Was fipplicant Present - Yes Yes 5. PROCESSING PROCEDURE: Application Received -11/05/08, 2/3/09 (Complete) Ofice - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - City Sewer Planned - None (F) Type of Structures: Existing- Single Family Residence, pier, and bulkhead Planned-Pier structure (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFDGFD FII I FD OTHFR (A) Vegetated Wetlands Shaded 300 sq.ft. (B) Non-Vegetated Wetlands Incorporated (Open Water) 1835 sq. ft. (C) Other - Highground disturbance (D) Total Area Disturbed: 2135 sq. ft (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing to demolish the e)asting pier and floating dock facility and construct a new private pier, with gazebo, floating dock, and boatlift. As proposed the new docking facility would provide mooring for four (4) vessels. Rob Boswell 308 Bradley Drive Page 2 9. PROJECT DESCRIPTION: The project is located at 308 Bradley Drive in Wilmington, adjacent to Bradley Creek, in New Hanover County. To locate the project site from NC Highway 17, head east on Eastwood Road. Turn right on Oleander Drive (NC Highway 76) and proceed south across the Bradley Creek Bridge, immediately turn left on to Bradley Drive. Follow Bradley Drive approximately % miles, the road will turn to the left and the project site will be located on the left. The 0.65 acre tract is approximately 100 feet wide and approximately 275 feet deep. A single family residence, bulkhead and private pier are currently located on the project site. The property has an average elevation of 12 feet above mean sea level and is vegetated with lawn grasses. The 102 feet of shoreline frontage is stabilized by an existing bulkhead. The adjacent properties to the north and south have both been stabilized with bulkhead and have private piers. The submitted drawing shows the marsh extending approximately 38 feet waterward of the existing bulkhead. A site visit was conducted to verify the extent of Coastal Wetlands and the marsh actually extends approximately 50 feet waterward of the existing bulkhead. Waterward of the existing bulkhead is a high marsh buffer of Salt Meadow Hay (Spartina patens), Black Needle Rush (Juncus romerianus), Sea Ox-eye (Borrichia frutescens), and Wax Myrtle (Myrica cerifera) approximately 10 feet wide terminating at Normal High Water (NHW). Extending approximately 40 feet beyond NHW and the high marsh fringe is an area of low marsh consisting primarily of Smooth Cord Grass (Spartina altemaflora). The tidal areas waterward of the low marsh are shallow and oyster shell is present for a distance of approximately 50 feet beyond the low marsh. Existing on the project site is a 226 feet pier structure with a boatlift that provides mooring for three (3) vessels. A CAMA General Permit was issued in June of 1989 and authorized the construction of the existing pier and bulkhead. The New Hanover County Land Use Plan classifies the adjacent waters and high ground portion of the project site as Conservation. The waters of Bradley Creek are classified as SB, by the NC Division of Water Quality. The waterbody is approximately 635 feet in width in the vicinity of the proposed project. These waters are NOT designated as PNA by the NC Division of Marine Fisheries and are closed to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant is proposing to demolish the existing pier and floating dock facility and construct a new private pier, with gazebo, floating dock, and boatlift. As proposed the new docking facility would provide mooring for four (4) vessels. The applicant proposes to construct a pier system into Bradley Creek, the fixed pier would consist of a 6 feet wide by 155 feet long elevated walkway which would terminate in an 18 feet wide by 18 feet long gazebo. Extending from the platform via an access ramp, the applicant is proposing a 6 feet wide by 40 feet long main floating dock, in alignment with the proposed fixed pier. Located on the east side of the proposed floating dock would be two finger piers, one located perpendicular to and at the waterward end of the proposed floating dock. The finger pier would measure 5 feet wide by 24 feet long and would create an "L-head" at the waterward end of the proposed floating dock. The second finger pier would be located perpendicular to the main floating dock and would measure 4 feet wide by 16 feet long. Located between the two proposed finger piers would be a 13 feet long by 13 feet wide boat lift. The proposed structures would provide docking space for up to (4) vessels. Water depth in the area of proposed docking facility would be approximately -8.5 feet at Mean Low Water (MLW). Rob Boswell 308 Bradley Drive Page 3 11. ANTICIPATED IMPACTS: The proposed pier and docking system would incorporate approximately 2135 sq. ft. of Estuarine Waters and Pubic Trust Area. As proposed, the pier structure would result in the shading of approximately 300 square feet of Coastal Wetlands. Minor increases in turbidity should be expected during construction. The proposed pier, gazebo, "L- Head" floating dock and finger piers would extend approximately 225 feet into a waterbody which measures approximately 635 feet across. This distance would conform with the established pier head line of the adjacent piers to the north and south. As proposed, the docking facility would not conform to the Y4width or 1/3 width rule. Submitted by: H. Snider Date: 216/09 Ofice: Wilmington r-7 waterline MARINE CONSTRUCTION + CONSULTING November 13, 2008 Holley Snider CAMA 127 Cardinal Drive Extension Wilmington, NC 28405 Holley, Please accept this Major Permit application for review. Job: Rob Boswell Address: 308 Bradley Dr. Wilmington, NC 28409 The applicant proposes to install a new pier that is 6'x173' that conjoins to a 12'x18' gazebo. The gazebo will connect a 6'x40' floating dock by a 3'x16' aluminum ramp. From the main floating dock there will be two floating finger docks one will measure 4'x16' and the other will measure 5'x24'. There will also be one 13,000 pound boat lift that will sit in-between the two floating fingers. The dock will allow the applicant to have boating access from his property. This project is water ward of the AEC so it will have no adverse impact on the AEC. Currently it is a non-conforming structure and the new structure will have less of an impact. Thank you for your consideration. Charlie Booth cxlo?? 64 NOV 1 ? 2008 watcrlmr e Po Box 1646 Wrightsville Beach, NC 28480 (c) 910.264.9977 (f) 910.792.0942 NC License # 62058 4 1 8 Ben NP-1 APPLICATION Mr ¦uoroewlnmenra. (last revised 12/27/06) 1L r a n, it WATER Q:+tj TY UENR - a NCht .TL, 14D$ AND ST&T0ATE .RA North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Rob MI Last Name Boswell Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 308 Bradley DR. PO Box City Wilmington State nc ZIP 28409 Country USA Phone No. 910 - 791 - 4073 ext. FAX No. 866 - 850 - 0982 Street Address (if different from above) City State 11 ZIP Email 2. Agent(Contractor Information Business Name Waterline Marine Construction Agent/ Contractor 1: First Name MI Last Name Jim D Hundley Agent/ Contractor 2: First Name MI Last Name Charles K Booth Mailing Address PO Box City State 1646 Wrightsville Beach NC ZIP Phone No. 1 Phone No. 2 28480 910 - 264 - 997 7 ext. 910-524-4121 ext. FAX No. Contractor# 866 850 0982 62058 Street Address (if different from above) City State ZIP Email jhundley@waterlinemarineconstruction.com <Form continues on back> DEC 0 9 2008 Dem i TON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 308 Bradley DR. Subdivision Name City State Zip Wilmington NC 28409- Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I 1 3 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Bradley Creek 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 AIWW 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.) 102 .65 Acre c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NW L (normal water level) (if many lot sizes, please attach additional page with a list) 12ft ®NHW or ?NWL e. Vegetation on tract Natural Wetlands, Lawn Grasses f. Man-made features and uses now on tract Pier, floating dock, and Boat lift, Residential Homes g. Identify and describe the existing land uses adiacent to the proposed project site. Piers and floating docks, Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) R-15 ®Yes ?No ?NA 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? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ?NA National Renister listed or eliqible property? <For n continues on next page> RECEN DEC 0 9 2008 MiNGTONL. 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. City water and sewer o. Describe existing drinking water supply source. Wilmington City water p. Describe existing storm water management or treatment systems. Wilmington Storm water 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. The purpose of this structure will be used for boating use. It will be also for the protection of the owners personal property the boat. It will be used for safe docking for the owners boat. 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. Typical marine construction practices will be used. A barge with lifts and normal pi ling and pier construction methods will be used. d. List all development activities you propose. Construction of a new pier with a gazebo, floating docks, and a boat lift. e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 1,500 ®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 ?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 ®No ?NA If yes, attach a mitigation proposal. D <Fonn continues on back> DEC 0 9 2008 DC WL 014TON' C Form DCM MP-1 (Page 4 of 4) APPLICATION for 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) - (Q 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 Alexander Thrope Phone No. Address 303 Bradley Dr. Wilmington, NC 28409 Name William Baker Phone No. Address 309 Bradley Dr. Wilmington, NC 28405 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. ??A2c ( (a ??t/' GP- of to S f ( ?l3// 9<<? prt 11,8c4g<i,.&d I i (' ?'rts Sfr4? N Cac ?c` GP 01-1996 - r6? I/Pq? kl(sw/i P,Cl 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 certify that the 7rmation provided in this application is truthful to the best of my knowledge. Date I2 1 ti I 0 Print Name Signature Please indicate application attachments pertaining to your proposed project. I]DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development ®DCM MP-4 Structures Information DEC 0 9 2008 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. rr. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial []Public/Government ®Private/Community [] This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number 1 pier 6'x173' floating docks 6'x40' (iii) Length pier 173', dockl 40' (iv) Width pier 6', dockl 6' (v) Floating ®Yes ?No e. (i) Are Platforms included? ®Yes ?No If yes: (0) Number 1 (iii) Length 18 (iv) Width 12 (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 1 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: 23ft.-31ft. M. (i) Will the facility have tie pilings? ?Yes ®No (ii) If yes number of tie pilings? d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ?No 2 4%F 16'.24' ®Yes ?No f. (i) Are Boatlifts included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 13 ft. (iv) Width 13 ft. 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: 4 ? 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). open runabout, center console fishing boat I. (i) Will the facility be open to the general public? ?Yes SNo VED DEC 0 9 2008 00 ?. tea. C For DCIM MP-4 Structures, Page 2 of A) 2. DOCKING FACILITY/MARINA OPERATIONS 9This 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? 1. If this project is an expansion of an existing marina, what types of services are currently provided? c 9 a V :, m. Is the marina/docking facility proposed within a primary or secondary nursery area? C 2008 ?Yes ?No DE 0 Farm. VIC&I MP- f 3trutatures, 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. ?CW ?SAV ?SB ?WL []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/Government []Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. 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 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I 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): ?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 7. GENERAL b- Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED" DEC 0 9 2008 Form O IMP-4 fStructures, Page 4 of y, a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 3 ft. westside, 40ft. eastside 42ft. westside, 70ft. eastside Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 630 ft. d. Water depth at waterward end of structure at NLW or NWL NLW -9ft. 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. 18. OTHER ?This section not applicable a. Give complete description: Anew pier that mesaures 6'x173' that conjoins with a 12'x18' gazebo. The gazebo will connect the pier to the docks by a 3'x16' alunium ramp. The docks will be 6'x40', 4'x16', and 5'x24' which all will be connected together. There will be one boat lift that is 13'x13'. I?,/00V6 ? Date Qd?i ?>0?(?,? f 1 Project Name cq i. ti QOa ?`l Applicant Name Applicant Signature P, C M IE DEC 0 9 2008