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HomeMy WebLinkAbout20180386 Ver 1_CAMA Application_20180315Coastal Management ENVIRONMENTAL QUALITY March 9, 2018 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting ROY COOPER Governor MICHAEL S. REGAN 2 0 1 80 3 8 6 Secretary BRAXTON DAVIS Direclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Dan Kuger Project Location: 6 Sounds Point, adjacent to Banks Channel and Middle Sound, on Figure 8 Island, New Hanover County Proposed Project: to replace and reconfigure an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and V- J -( d return this forst to Heather Coats at the address above by . 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: Dan Kugler c/o Trip Pippin 2. LOCATION OF PROJECT SITE: Site is located at 6 Sounds Point, adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-7409: O, P 12 Lat: 34°15'01.26"N Long: 77°45'59.49"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/9/18 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 3/6/18 (initial), 3/8/18 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- timber bulkhead, SFH, 4 -slip docking facility Planned- replace and reconfigure docking facility (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] nRFn(-IFn FII 1 Fn OTHER (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open Water) 784 ft2 (incorporated) (C) Other - Highground disturbance 1E (D) Total Area Disturbed: 784 ft2 (0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to replace and reconfigure an existing private docking facility. Dan Kugler Page 2 9. PROJECT DESCRIPTION The project site is located at 6 Sounds Point on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel approximately 1.74 miles until you reach Little Neck Road and turn right. Travel approximately 0.1 miles and turn left onto Pipers Neck. Travel 0.1 miles and turn left onto Sounds Point the property of interest is located at the terminus of Sounds Point. The property is adjacent to residential properties with private docking facilities on the southeast and northwest sides. The property is bordered on the northeast side by Sounds Point and Banks Channel to the southwest. The project site is approximately 0.42 acres in size and has an average elevation of approximately 5.0' above Normal High Water (NHW). There is currently a single-family home on the lot, and upland vegetation consists of a maintained lawn grass and landscaping. There are no Coastal Wetlands, SAV, or shell on site. The project site has approximately 150' of shoreline frontage along Banks Channel, which is currently stabilized by a timber bulkhead with an associated 6' boardwalk. Waterward of the existing bulkhead there is sandy bottom and NHW meets the bulkhead. There is an existing private docking facility extending in a southwesterly direction into Banks Channel. There is a fixed pier measuring approximately 4' in length by 6' in width terminating in a fixed "T -head" platform measuring approximately 12' in length by 16' in width. From the waterward end of the platform an 8' by 50' float is accessed via a ramp landing in the middle of the float. The float runs parallel to the shoreline. On the landward edge of the float, there is one float on boat lift on the southeast side and a 4 -pole boat lift on the northeast side. The boat lifts were authorized via CAMA General Permit No. 50235D issued to a previous owner (McGeorge) on 5/2/08. The bulkhead was authorized via CAMA General Permit No. 43383 issued to a previous owner (McGeorge) on 11/21/2005. No other permit history was located for this property. According to the application, current water depths range from -6.0' to -8.0' at NLW. From review of aerial photography it appears the facility was constructed prior to 1998. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Resources. 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 proposes to replace and reconfigure an existing private docking facility. The applicant proposes to maintain the current 6' boardwalk along the bulkhead in the same footprint. A new 8' by 24' float would extend in a southwesterly direction from the bulkhead, approximately 38' from the neighbor to the southeast. Approximately 26' northwest of that float, a fixed pier measuring approximately 6' by 36' would extend in a southwesterly direction from the bulkhead. There would be a 13' by 13' boat lift on each side of the fixed pier. Approximately 13' northwest of the fixed pier would be an additional fixed pier measuring 6' by 20' and terminating in a 16' by 16' "L -head" fixed platform. The docking configuration would provide docking space for up to four (4) vessels at this location within water depths ranging from approximately -6.0' to -8.0' at NLW. The docking facility would extend approximately 36' into a waterbody which measures approximately 430' across, which meets the % width limitation and would not be any further waterward than the existing facility, which meets the established pierhead line. 10. ANTICIPATED IMPACTS The structures would incorporate approximately 784 ft' of Estuarine Waters and Public Trust Area. The proposed structures would extend approximately 36' into a waterbody which measures approximately 430' across, which would meet the % width limitation and would not extend any further waterward than the existing facility, which meets the established pierhead line. The proposed structures would allow the existing docking facility to accommodate up to four (4) vessels in water depths ranging from approximately -6.0' to -8.0' at NLW. Based on the application, the proposed structures would not encroach into either adjacent 15' riparian corridor setback area. Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: March 9, 2018 Office: Wilmington P. b. Box 11291 Wilmington, NC 28404 www.pipp(nmarine.com February 26, 2018 NCDEQ 127 N. Cardinal Drive Wilmington, NC 28405 Office/Fax: 910-270-1290 Mobile: 910-471-2034 trip@pippinmarine.com The enclosed CAMA major permit application for Dan Kugler, 6 Sounds Point, Wilmington, NC 28411, is to build a 6x20 pier with a 16x16 deck. There will also be a 6x36 finger pier with a boat lift on each side and an 8x24 floating dock. This will be a private docking facility for family use only. Trip Pippin Pippin Marine Construction, LLC RECEIVED ,_)CM WILMINGTON, NC :•.t Lifts, Bulkheads -Floating Docks Residential &Commercial Marine Construction Since 1984 Business Name Project Name (d applicable) Applicant 1: First Name MI Last Name Da'k-�'Cq lei Applicant 2: First Name MI Last Name ►f additional applicants, please attach an additional page(s) with names listed. Malting Address ' PO Box Oity State �+ J�.ram ZIP Country A Phone No. FAX No. Street Address (if different from above) city State ZIP Email 0- Business Name 10a e 114yd _7 Agent/ Contractor 1: First Name MI Last Name Agenf(Confracfor 2 Firsf Mame Nff Last Name Mailing Address PO Box City State ZIP Phone No. 1 Phone No. 2 l U - 7 l'9l - 903 ext. - - ext. FAX No. Contractor# Street Address (if different from above) City, State ZIP Email <Form continues on back> A Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multipl ) Street Address State Rd. # Subdivision Name City State Zip Phone o. Lot No. s) (fimany, atfach a(d7ional page mi`h list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to prop,G�ed project c. Is the water body identified in (b) above, natural or manmade? d_ Name the closest major water body to the proposed project site. atural ❑Manmade [-]Unknown ..e L_ 0 e. I roposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No work falls within_ a. Total length of shoreline on the tract (ft.) b_ Size of entire tract (sq.ft_) � fto - Lf7- c_ Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (ff many lot sizes, please attach additional page with a list) -�_ 5 f KNHW or ❑NWL e. Vegetation on tract V f. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site_ Af '5 (Ag- 6 e- h. How does local government zone the tract? i_ Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) es ❑No [INA j. is the proposed activity part of an urban waterfront redevefopment proposal? ❑Yes &Ao k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes �INo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes (L# o ❑NA National Register listed or eligible property? j5 <Fonn continues on next page>a RE CL V `r 25_2-828-25, =4 .. 1#G3, w-4PC 0S t ,- vfv✓vu=r=f--c �aast a;rn,ane jae�e,�t.nev Form DGM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes YNO (u) Are there coastal wetlands on the site? ❑Ye!s j�Vo (iii) If yes to either (i) or (rabove, has a delineation been conducted? ❑Yes❑No (Attach documentation, if available) e. n. Describe existing wastewater treatment facilities. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type f A o. Describe existing drin 'ng water supply source. : Jt�(.A t p. Describe existing storm water management or treaVtent systems. e. Are the proposed activities maintenance of an existing project, new work, th? <Form continues on back> RECEIVED 1CM WILN4111,11GTON- W- ���-le�€t-���� .: �-SSB-c€RC�A�'y _. �fvsr:�.»�c�sa��atr�anacernena.�et a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment A'rivate/Community b_ Give a brief description of purpose, use, and daily operations of the project when complete_ e. 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. d. List all development activities you propose. O ar ,fes tom{ e. Are the proposed activities maintenance of an existing project, new work, th? f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes o ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stonTmater be discharged into a wetland? ❑Yes MD [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 Rqo [INA If yes, attach a mitigation proposal <Form continues on back> RECEIVED 1CM WILN4111,11GTON- W- ���-le�€t-���� .: �-SSB-c€RC�A�'y _. �fvsr:�.»�c�sa��atr�anacernena.�et Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit IN :�}]�ty�I�..�r .. > _ _ .. .. �z v.ry--• ::...:.�rs .c.Al,!Y'�•- s:. �..w --�:5i:1:iC .ri"v.^�__..� y .,4, _ _ _ —1 - _ -- _- �_i:__ ___ - - -_23s - >y-�_^a+�<: ~f _ _ .[ - _��':S.:JTi•a. -_-;:y,.�::. :�=:�.. a. A project narrative. - - b. An accurate, dated work plat ('indud'mg plan view and cro ss -sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? if previously authorized work, dearly indicate our 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 mad. 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. Romm Mir _ �.. s-' Name Phone No. Address -_ — — —.:— - - -- -- -- Ni P g. A list of previous state or federal permits issued forwork on the project tract Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable_ i. Wetland delineation, if necessary. j_ A signed AEC hazard notice for projects in oceanfront and inlet areas- (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10L 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. 1 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 �+ Print Name ! �! ,r Signature a 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 CM MP -4 Structures Information RECEIVED DCM WILMINGTON, NC A �:��-��sla-2ud3t� :1-at$$-4�U�uS�' ,. trwvr;r+r,stk:cuastQ;�sranagers�erB.s�et 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 FACIUTY/MAR/NA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial []PublicGGovemment)(Private/Community [I This section not applicable b. () Will the ffadliity be open to the general public? []Yes(No c. () Dock(s) and/or pier(s) d. O Are Finger Piers included? )ffes []No (ii) Number _� l If yes: (i, Length %� t n Number / (iv) Wim ! � r (44 Length 36 1 _ (v) Floating []Yes �o I (iv) Width r _ (v) Floating []Yes CfNo e. (1) Are Platforms included? *es []No f. (i) Are Boatiifis included? 4es ONo If yes: If yes: (i) Number I u Number (III) Letigth (ei) Length _ (iv) Width (Iv) Width -Y R (v) Floating Wes []No Note: Roofed areas are calculated from dripffne dimensions_ g. (i) N ber of slips proposed h. Check all the types of services to be provided. [] Full service, including travel lift and/or rail, repair or �) umber of slips existing maintenance service [] Dockage, fuel, and marine supplies [] Dockage ("wet slips') only, number of slips: [] Dry storage; number of boats: [] Boat ramp(s); number of boat ramps: [] ONrer, please describe: 11?41`date c2 i. Check the proposed type of siting: y. Describe the typioal boats to be served (e.g., open runabout, [] Land cut and access channel charter [oats, sad boats, mixed types). ❑Open water; dredging for basin and/or channel APen water; no dredging required []Other; please describe: k. Typical boat length:1. O Will the t3cft be open to the general public? []YesNo m. O Will the facility have be pilings? []Yes to RECEIVED (it) If yes umber of tie pilings? DCIN4 WILMINGTON. NC. "tai'-a,-r.ent_niii Fewis e ,. _ii2 7 .r 2" DOCKING FACIUMMAR/NA OPERATIONS xMis 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 ❑ Boathotding tank pumpouf; 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. (it) 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 writ) 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 ovan fight and iive,atward dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 6 r ?Civ' WILMING f 11) N m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No -5`,3_.3€?4 21 a8 .a :s X83 �,'A!5 _ Fo 3 n . DCM MP -4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? OYes ❑ No o. Is the markWdocking 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. OCW OSAV OSB OWL ❑None p. is the proposed marinaldocking facility located within or within dose proximity to any shel fish leases? OYes O No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (rnduding covered hit's) This section not applicable a. (i) Is the boathouse structure(s): OCommerclal OPubliGGovemment ❑Private/Community (io Number (Bi) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4, GROIN (e.g., wood, sheetpoe, etc. IPa rock groin, use MP -2, Excavation and I=ill.) �IThis section not applicable a. (I) Number A (d) Length- (iii) Width 5. BREAKWATER (e.g., wood, sheetpis, 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 appffoab/e a. Is the structure(s): OCommerciat OPublirfGovernment OPrivatwCorm unity 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 JCM WILMINGTON, NC Form DCM MP -4 (structure, Page K of 4) a. Proximity of structure(s) to adjacent riparian property lines ! .t. TZ t Note: For buoy or mooring pr7ing, use arc of swing including length of vessel. c. Width ofrwater body e. (0 Will navigational aids be required as a result of the project? pGt Oyes No ONA (ii) If yes, explain what type and how they will be implemented. b. Proximity of stnx:ture(s) to adjacent docldng facilities. d. Water depth at waterward end of structure KmVor NW L tVy 8. OTHER [I This section not applicable a. Give complete description:: Date jp ProjecfName Applicant Name' /} '�/.r . � /✓i �� .�a : ,.ate Applicant Signatdre RECEIVED `SCM WILMINGTON. N -r 2 _ ., "�..�--,.,:;�.t :°•, `. t...�<„y .._'°S 7 tta�. +cs:t._3x =_2#, ,-vvsed'12 27 0 H L-.- --,� JE L--, " I&wI-"41Uv0NGTON, NG � I 0 8 2018 !20J