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HomeMy WebLinkAbout20090294 Ver 1_CAMA Permit Application_20090323LT-SAA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary N March 201 2009 :fps f4AR MEMORANDUM: Or?`'? ERF;RAyq!:,9 TO: Cyndi Karoly, Supervisor 'rLt???hEh???F5 I" 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: John & Kimberly Walters Project Location: 342 Olde Point Loop Rd., adjacent to a canal off the AIWW, in Hampstead, Pender County Proposed Project: to construct a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 15, 2009. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7424, 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.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Vaturallry DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John & Kimberly Walters 2. LOCATION OF PROJECT SITE: The project is located 342 Olde Point Loop Rd., adjacent to a canal off the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. Photo Index - 2006: 26-6636: 18; R 2000: 26-338: 7, H 1995: 26-321: 11; P, Q State Plane Coordinates - X: 2401779 Y: 226363 GPS - Q011411A Latitude: 34°21'52.38123"N Longitude: 77°40'07.25497"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -12/2/08, 1/14/09 Was Applicant Present - No (agent present on 12/2) 5. PROCESSING PROCEDURE: Application Received - 3/2/09 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PTA, ES, CW Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -None Planned-None (F) Type of Structures: Existing - Vacant lot, remnants of dock, pilings Planned - Private three- slip dock. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] 'n_DTMr_TM FTf T PD OTHER (A) Vegetated Wetlands- Coastal Wetlands -240 sq. ft (shaded) (B) Non-Vegetated Wetlands 626 sq. ft. (Open water) (incorporated) (C) Other - Highground (D) Total Area Disturbed: 866 sq. ft. (0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to construct a private three-slip docking facility. John & Kimberly Walters Page Two 9. PROJECT DESCRIPTION The project is located at 342 Olde Point Loop, adjacent to a canal off the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. To find the project site, travel north on US Highway 17 to Hampstead. Turn right onto Country Club Drive (SR 41565) and travel approximately 1/2 mile to Olde Point Road. Turn right onto Olde Point Road and travel approximately 1.2 miles to the end of the road. Turn right onto Olde Point Loop. Travel approximately 1/4 mile and the property will be located on the left. The entire property consists of a 0.5 acre lot, which is located within the planning jurisdiction of Pender County. The property is bordered by single-family residences to the north and south, Olde Point Loop to the west and the AIWW to the east. According to the applicant, the property averages an approximate elevation of 26' above Normal High Water (NHW). The highground is bordered by coastal and §404 wetlands to the east. High marsh vegetation consists primarily of Salt Meadow Hay (Spartina patens) and §404-type species: Sea Oxeye (Borrichia frutescens), Groundselbush (Baccharis halimifolia) and Marsh Elder (Iva frutescens). The high marsh then transitions to low marsh where the vegetation is predominantly Salt Marsh Cordgrass (Spartina alterniflora) with sparse Glasswort (Salicornia spp). Several pilings, remnants of a former pier, remain in the wetlands and beyond in open water. The waters of the AIWW, adjacent to the project site, are classified as SA by the North Carolina Division of Water Quality. They are 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 The applicant is proposing a 3-slip private docking facility. A pier, measuring approximately 50' in length by 6' in width, would lead from the high ground to a fixed platform, measuring 18' in length by 14' in width. Fourteen feet in length by 14' in width would be roofed. A boatlift, measuring approximately 13' in length by 13' in width, is proposed south of the platform and a ramp would lead onto a floating dock to the north of the platform. The floating dock would be aligned parallel to the channel, allowing for a vessel to dock on each side, and would measure 20' in length by 5' in width. The existing pilings on site would be removed prior to construction of the docking facility. The structure would accommodate a total of three vessels. 10. ANTICIPATED IMPACTS The construction of the proposed docking facility would allow for the incorporation of approximately 626 square feet of Estuarine Waters and Public Trust Area. Approximately 240 square feet of coastal wetlands would be shaded. As shown on plans, the proposed docking structure would not encroach into the adjacent 15' Riparian Corridor Setback Areas, nor into the channel; although it was not stated how the edge of channel was determined, nor are water depths shown. The docking facility would extend approximately 29 feet into the waterbody, which measures approximately 120' across, which meets the'/4 width rule. Increases in turbidity should be expected during construction. Submitted by: Heather Coats Date: 4/19/09 Office: Wilmington Major loveloomeet Pormft 0 2 9 4 ? `rU (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name John MI Last Name Wafters Applicant 2: First Name Kimberly MI Last Name Walters If additional applicants, please attach an additional page(s) with names listed. Mailing Address 342 Olde-Perot-?sep f*0 jM kAa 2j.. Olt - PO Box City VVAi(Z Fpm Ma"Tstea State nc ZIP 29443' 2,-7591 Country usa Phone No. 919 - 345 -1924 ext. FAX No. 919 - 529 -1924 Street Address (d different from above) City State 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 RECEIVED AFFLI CTS iAA-IL tJf0 ?001E. 5Form continues on back> C0"-e-MT l0?5 AV1"? " JAN 0 6 2009 itt-wr o F /WU CA-,rr VIA EM AI L_ ON DCtIM WILMINGTON, 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. # Pender 342 Olde Point loop rd. Subdivision Name City State Zip Hampstead NC 28443- Phone No. Lot No. (s) (if many, attach additional page with list) - - ext. , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear River Basin AIM 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 AIM 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. Pender 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 89 fl .5 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 26' ®NHW or ®NWL e. Vegetation on tract Natural Wetlands, Normal landscaping, grasses, and weeds f. Man-made features and uses now on tract Residential Home g. Identify and describe the existing land uses adjacent to the proposed project site. oating docks, Residential Homes Piers and fl r h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) ®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 Register listed or eligible property? F, 1: 1 <Fonn continues on next page> JAN 0 6 2009 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. Septic system o. Describe existing drinking water supply source. Pender County p. Describe existing storm water management or treatment systems. Surface Runoff 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. 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 pil ing 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? 761 ®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. normal stormwater run off 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. E"'I V <Form continues on back> JAN 0 6 2009 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) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 Daris Chasas Phone No. Address 340 Okie Point Loop Rd. Name Timothy Gallivan Phone No. Address 344 Okde Point Loop Rd. 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. N/A 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. I I3A 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 information provided in this application is truthful to the best of my knowledge. Date 12/30/08 Print Name Charlie Booth 11 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 JAN 0 6 2009 ?t' A L;I-E- 4 s Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. I c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ?Yes INo ?NA (ii) If yes, Iis{the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to h. be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 77? llic o 6-, -f fL M r,j E 2 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. o 03E 10F-1fkMz'1.,IeD Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Qual for review? ?Yes ?No NA (ii) If yes, list the date submitted: j. Describe proposed method of sewage disposal. SCQ% 1 C- 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). SNtf,91CZ 1tWJ0FA k. Have the facilities described in Item (i) received state or local approval? ?Yes ?No ?NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ?Yes ?No f NA If yes, attach ap priate documentation. RE CE '` t JAN 0 6 2009 orM OCNI MUD-3 (UpAa nd Dfvelopmentj Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Du6LXr- n. (i) Will water be impounded? ?Yes ?No ?NA (ii) if yes, how many acres? o. When was the lot(s) !rplatted and recorded? N/,4 /& 101 Date 1,,114 L Project Name J-Z, Lk '/ Applicant Names , Applicant Sigrpture p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ?Yes ?No KNA RECEI JAN 0 6 2009 DChA WILMINGTON, NC V V2l-hr-R-S 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. 9. 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 ONo c. (1) Dock(s) and/or pier(s) (ii) Number 1 pier and 1 dock (iii) Length pier 50', dock 20' (iv) Width pier 6', dock 5' (v) Floating ®Yes []No e. (I) Are Platforms included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 18ft. (iv) Width 14ft. (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (I) Number of slips proposed 3 (ii) Number of slips existing 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: d. (!)Are Finger Piers included? ?Yes ONo 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 13ft. (iv) Width 13ft, 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: 3 ? 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 C Y MAR, 0 2 2009 k. Typical boat length: 26 DC W-1 W1LN1,'N WI1, N 1. (i) Will the facility be open to the general public? ?Yes NNo m. (i) Will the facility have tie pilings? ?Yes (@No (ii) If yes number of tie pilings? Form. CAS NIP- ; tructu es, Page 2 of 14) 2. DOCKING FACILITY/MARINA OPERATIONS 0This 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. (1) 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? ?y ? 1. If this project is an expansion of an existing marina, what types of services are currently provided? MAR 0. 2 no-9 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 ?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. 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): ?Commercial ?Public/Government ?Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Are of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) w 4, ' MAC, 7. GENERAL DCIVI WilMiIiGTON, NC Fior 0C P-4 (Structures, Page 4 c4 A) a. Proximity of structure(s) to adjacent riparian property lines 1 Ft. Southern Side 1' Northern Side b. Proximity of structure(s) to adjacent docking facilities. 30ft. Nothern Side 55' on the Southern Side (Vote: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 121 ft. d. Water depth at waterward end of structure at NLW or NWL 5 ft. NWL 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: The structure will have a 6'x32' pier that conjoins with a 18'x14' platform. The platform will connect to the floating dock by a 3'x16' ramp. The floating dock is 5'x20' with four 35' docking pilings securing the floating dock. There will be a boat lift on the opposite side of the platfrom that is 13'x13'. vpw 3/Z /o 4 Date Waiters Project Name Charlie Booth Applicant Name y? Applicant Signature V El LIAR 0 2 20og Y, j? a? a 3 0 a 0-4 z? zz 3 Cd N c? rn c? O U 0 v a u 'a 3 U M i { V 1r '1 ;a r 5v Vl 0 w N w 0 N F- w w . N p C Y? r 0 • 0 ^ , O M..' A O ? \ ? N m o ?N N 0 w M a H N ? J U F- U) I I I I I I I I I I I I I I I +? O I I ? I O ? I w ? I I I I ? I I ° I I r„? ? ? I I C4 v ? I I U I I I I I I 7 r i Z i r? ?- c o r4 s r? 0